14432ORDINANCE NO. 14 247
AN ORDINANCE EXTENDING THE WRECKER SERVICE
FRANCHISE GRANTED BY ORDINANCE NO. 14,040
OF 1981 FOR A PERIOD OF ONE YEAR FROM MAY
5, 1983•
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
LITTLE ROCK, ARKANSAS:
Section 1. The Wrecker Service Franchise granted May 5,
1981, by Ordinance No. 14,040 to Barber Street Exxon
Servicecenter, Inc.; Trek, Inc.; and Penny's Wrecker Service,
Inc., is hereby extended for a period of one (1) year from May 5,
1983 to and including May 5, 1984, upon the same terms and
conditions provided in the existing grant.
Section 2. This franchise extension is conditioned upon
each franchisee's signifying acceptance by signature at the place
indicated on the Wrecker Service Franchise, a copy of which is
annexed hereto and made a part hereof.
Section 3. It has been found and is declared that the
expiration of the existing Wrecker Service Franchise on May 5,
1983, would leave the City without the necessary means of
removing vehicles from the streets and highways of the City in
the aftermath of accidents, in cases of abandonment, and in cases
of arrest of drivers for law violations, and in other
circumstances; that this situation poses a threat to the public
using the streets and highways; and that this measure will
provide the necessary remedy. An emergency is therefore declared
to exist and this ordinance, being necessary for the preservation
of the public peace, health, and safety, shall take effect and be
in force from the date of its approval.
PASSED: April 13, 1983
ATTEST: d— APPROVED: .v
Ci Clerk a Czech ay or J. end
P: }1 MIT "A"
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A F1b\NCIIISE FOR TIC' OPEIVI'l N OF 411\EC1:ER
SERVICE IN 'ITE CITY OF L,ITR E ROCK
I.
Me Franchisee shall provide and maintain tcn,�ne and storage
facilities and service for those vehicles which the "oli.ce authorities or
other official authorities order removed from the streets and other public
areas and e -lays of the City of Little Rock, Arkansas.
II.
The Franchisee shall he required to sweep and haul away all
debris, glass, and metal parts of vehicles dan<Vod at the scene of an acci-
dertt. '11ne Little Rock Police Department officer at the scene shall renain
there %,iiile this is behig done to provide protection and to inspect the
area to see that the Franchisee has performed his services satisfactorily.
Ilie Franchisee and his cmployees shall follow the instructions of the
Little Rock Police officer.
III.
The Franchisee shall maintain service 24 hours per day each day
during; the tern of the Franchise, holidays not excepted, throughout all the
City including territory annexed and shall respond without undue delay when
called by the Little Rock Police Department.
IV.
the Franchisee shall provide a base of operations and storage
that is accessible to the public, and provide a location for retrieval of
vehicles with provisions to settle all business transaction at that loca-
tion. Vehicles shall be made available for retrieval between hut not limited
to the hours of 7:00 a.m. to 6:00 p.m. 'This base shall be approved by the
CiLv Manager or his designated agent. The Franchisee shall provide 24
!cur security of the storage area.
\r ,
The franchisee shall be solely responsible for any danages result:iiyr,
from th- ccr.oing and storr.4,c of airy ,jc!ticles. 'This shall include, but not be
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liruited to, the Q ondition of the vehicle and accessories. 'lhe Franchisee
shall hold the City of Little Rock harmless fram dam<rge claims or liabi.ti.ty
arising out of this Franchise.
V[.
Franchisee and his employees shall be required to provide set..-
vices authorized in the Franchise courternisly, and their dealings with the
public shall be carried out with the utmost respect for the citizens with
whan they cane in contact,
When the City of Little Rock has an official hold on a vehicle,
the agent or owner will have to secure a release fron the Little Rock
Police Department. At the time of receivirv, the release, the City of
Little Rock will provide a list of charges authorized by the Franchise to
each agent or owner. The Franchisee shall not release such a held vehicle
until a properly etecuted official release shall have been presented to the
Franchisee.
[then the City of Little Rock has no official hold on the vehi-
c1e in custody of the Franchisee, the Franchisee shall provide a copy of
the list of permissible and actual charges to the agent or owner of the
vehicle in custudy. 11AS list shall. have a spnr_e in which the agent or
o•, -rarer of I.-.he vehicle in cUSMly Will be rcqucsteed Co sign acknowledyi.ng
rhac he teas read the list. Copies of these forms shall be sulxmitted
monthly to the Director of General Services in Little Rock City liall.
VII.
The list of charges provided at the Police wilding or by the
Franchisee shall contain a request to the effect that any complaints
concerning the services provided by the Franchisee should be made to the
Office of the Director of General Services in the Little Rock City Flall,
telephone number 371 -4535.
VIII.
ilie Franchisee ii "y dispose of all ;.abandoned vehicles held for
.ri(d longer than 30 days at public sale in ccrT)li.ance with all. local,
state, and federal laws pe.rtainir ,, to disposition of said vehicles. The
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Franchisee must 9gree to waive any lien which the Franchisee might have on
said vehicle and must agree to accept as payment for all towing and storage
charges the collective mount received from the sale of all vehicles at
said sale less any expenses incurred by the City of Little Rack in pre-
paring, advertising, and handling said vehicles for sale. Franchisee must
further agree that in the event the total <mrnint. received is less thin the
storage, towing, advertising, and handling; fees that said lesser amount:
shall be accepted as full, final and complete ,.payment for all, charges. In
the event said sale procfiices more funds than charges against said vehicle,
said e {cess funds shall be remitted to that poverrmiental agency authorized
by State statute to receive such funds.
TX.
The Franchise herein shall be subject to cancellation at any
time by the Franchisee or the City of Little flock upon written notice within
60 days prior to the effective date of said cancellation; provided, that the
Franchise autanatically shall expire two years from its date of adoption,
subject to being extended for twelve months from the date at the option
Of the Board of Directors. If the Franchisee fails to comply with any of the
provisions of this agreement, the City of Little Rock has the di_screticn to
cancel the Franchise forthwith.
X.
the Franchisee shall be required to have or to have available
radio controlled equipment of the folloaily specifications and any addi-
tional. equi)znent necessary to provide taainp; services:
1 - 16 ton rated wrecker..
2 - 8 ton rated wreckers.
2 - 4 ton rated wreckers.
'Phis equipment shall be certified to be available at the time
of awarding the Franchise. the equipment shall be specified to be either
owned or under contract, and evidence shall be provided that the equipment
is available and on call at all times.
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The equipment shall be in compliance with all applicable state,
federal and local laws. All radios and wrecker equipment are subject to
inspection at any time by the Police Department and by the Director of
General Services. Each shall certify annually or as frequently as may be
required that the equipment is in good working order for safety and the
public convenience.
XI.
This Franchise provides for the removal of vehicles from public
and private areas as follows:
Vehicles to be Offici.ally_}ield.
In this category of vehicles, the Franchisee shall meticulously
follow the terns and conditions of the Franchise, taking care to do so with
the spirit of public service and courtesy.
Vehicles Hauled But Not Officially held.
By virtue of this Franchise, vehicles are towed or serviced by
the Franchisee by mere fact of the owner of the vehicle not havii-C indicated
a preference as to what wrecker service to use and /or the vehicles needed
to be towed.
The Franchisee shall charge no more than the mounts provided
in the Franchise.
Junk Vehicles.
Vehicles that are unable to be moved from private property and
are ordered by the City to be moved by the Franchisee shall be handled as
officially held vehicles.
Charges.
The following shall be fees allowed to be charged for services.
No charges for services beyond those specified are allowed. If. services
are performed for which no charges are provided, such shall be considered
the cost of doing business in the public sector.
1. TOWING
a. Vehicles smaller than 1 -ton towed from one location
in the City to any other sfuall be charged no more
than a total of ......... .........................$40.00
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b. For services as in (a) but second and addi-
tional wrecker needed per vehicle ..........S 40.00
Cy
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Second tow fran operations base to anywhere
in the City at owner's expense .............$ 35.00
Vehicles larger than 1 -ton towed from one
location in the City to another ............$ 60.00
2. STORAGE
a. $ 4.00 per 24 -hour day on all vehicles, except
tractor - trailers or any part thereof.
b. $ 4.00 per 24 -hour day on tractor- trailers or
any part thereof.
XI I.
The Franchisee shall file with the City Manager or designated
agent proof of a Certificate of Liability Insurance issued by a solvent
incorporated insurance company licensed to do business in the State of
Arkansas. Said policy must be for the following anounts, $100,000.00 for
the injury or death of any one (1) person and subject to that limit for each
person; $300,000.00 for more than one person killed or injured in any one
accident; and for damage to property, $100,000.00 for each accident. The
Franchisee is also required to have a "Garage Keepers Liability" policy
in the amount of $100,000.00 minimnn.
XIII.
This Franchise shall not be sold, assigned, transferred,
leased or mortgaged.
Acceptance of Franchise:
Barber Street Exxon Servicecen er, Inc.
C,
^.ek, Inc.
.mot
Penny's wre cer se vic Inc.
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ADENDUM
SECTION IV
Franchisee shall provide release service at any hour
when a supervisory officer of the Police Department, after
evaluating the circumstances, determines that such release
is appropriate.
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0
Extension of this Franchise from May 5, 1983, to and including
May 5, 1984, accepted: '
Barber Street Exxon Servicecenter, Inc.
By:
Trek, Inc.
By:
Penny's Wrecker ervice, Inc.
By:
M