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3817 • r vs- OFFICE OF THE CITY ATTORNEY Pyramid Life Building LITTLE ROCK, ARKANSAS- 72201 JOSEPH YtP August 15, 1967 Mrs . Pauline Beeson City Clerk City Hall Little Rock, Arkansas Re : Franchise for wrecking and storage - Resolution No. 3,817 Dear Mrs. Beeson: Attached is letter from Elbert Ellis concerning the above captioned matter. This letter should be attached to the Resolution for your files . Yours very truly, I /),// /ohn B. Pleg. Assistant City Attorney JBP:mb Attachment FILED wq 16 1961 i P ULINt. ta►. 3EESON C rY tit EdOic iitEASAMItER • . . . •. August 14, 1967 Mr. Ancil Douthit City Manager City Hall Little Rock, Arkansas Re : Franchise for wrecking and storage - Resolution No. 3, 817 Dear Mr. Douthit: I have read and understood the terms and conditions contained in Resolution No. 3, 817 of the City of Little Rock and herewith agree to accept this Franchise and the terms and conditions thereof. I will notify you and Chief Brians of the location of our downtown operations point in the near future. Yours very truly, ee./.41.-I 814 e'r- Elbert Ellis AUI G L1G6. 1967 ;BEESU1,i MTV Cl.EkK - TREAstme„. RESOLUTION NO. 3, 817 A RESOLUTION GRANTING BROTHERS WRECKER SERVICE, INC. A FRANCHISE FOR A PERIOD OF THREE YEARS TO REMOVE AND STORE WRECKED AND ABANDONED VEHICLES FROM THE STREETS AND OTHER PUBLIC AREAS OF THE CITY OF LITTLE ROCK; AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS. SECTION 1. Brothers Wrecker Service, Inc. , a corporation of 5511 West 35th Street, Little Rock, Arkansas, is hereby granted a franchise for a period of three (3) years from the date hereof to provide and maintain towing and storage facil- ities for those vehicles ordered removed by Police authorities which are wrecked and/or abandoned on the streets or other public areas of the City of Little Rock. SECTION 2. Franchisee shall maintain a base of operations in the downtown business district of Little Rock as a central holding area which point will be acceptable to the City Manager where vehicles will be held for a period of 24 hours. Franchisee shall also maintain a minimum of two wreckers at said downtown location for use in performance of the services described herein. After vehicles have been held 24 hours they may be removed to a permanent storage area, there to be held until claimed by owner or disposed of by sale under the provisions of Act 344 of 1953. Franchisee shall maintain adequate insurance on all stored vehicles and the contents thereof at all times against loss from fire, theft, vandalism and other like perils. Franchisee shall also maintain adequate liability insurance on all vehicles used in the performance of this contract and proof of such insurance must be furnished to the City Clerk. Franchisee shall maintain service 24 hours per day each day during the term hereof, holidays not excepted. Complete and accurate records of all vehicles handled shall be readily available for inspection by the Chief of Police or his desig- nated representatives at all times. r . - 2 - Franchisee agrees to charge not more than $5.00 for towing wrecked and/or abandoned vehicles of less size than one-ton trucks from any point in the City of Little Rock to its base of operations and in the event more than one wrecker is used for said service, two charges of not more than $5.00 shall be made and a charge of 50 per day thereafter for storage of said vehicles. For those vehicles of a size larger than one-ton trucks, Franchisee agrees to charge not more than $10.00 for removal to its base of operations plus 50 per day thereafter for storage. In the event it is neces- sary to provide mechanical work at the scene of the accident from which said vehicles are removed, Franchisee shall charge not more than $2.00 per hour for labor. Any vehicle not claimed within 24 hours may be removed to Franchisee' s storage lot at the expense of Franchisee and he shall charge 50 per day storage until said vehicle is sold or until claimed. Franchisee agrees that all vehicles held for a period of more than 90 days may be sold at public sale and hereby waives any lien which it might have on said vehicles and further agrees to accept as payment for all towing and storage charges the collective amount received from the sale of all automobiles at said sale less any expenses incurred by the City of Little Rock in preparing and advertising said vehicles for sale. Franchisee agrees that in the event the total amount received is less than the storage, towing and advertising fees to accept said lesser amount as full, final and complete payment for all charges. In the event said sale produces more funds than charges against said vehicles, said excess funds shall be turned over to the City of Little Rock for deposit in the City General Fund. - 3 - SECTION 3. Franchisee agrees to pay to the City of Little Rock the sum of $50.00 per month as a fee for the privilege of exercising this franchise. Said fee may be paid by performing the following services at the cost set out opposite each it for the City of Little Rock: 1. Towing City vehicles up to and including pickup trucks $4 00 2. Towing City vehicles larger than the size of pickup trucks $6 00 3. Service trip including tire reparis or changes $3 00 4. Tire repairs $ .50 In the event Franchisee' s services exceed the said $50.00 per month franchise fee, the City of Little Rock shall pay all charges in excess of $50.00 per month, and in the event charges are less than the franchise fee, the difference shall be paid to the City of Little Rock on or before the first day of the next succeeding month. SECTION 4. This Franchise may be cancelled by Franchisee or the City of Little Rock upon written notice of such cancel- lation mailed to the address of the other sixty (60) days prior to the effective date of such cancellation. SECTION 5. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: August 7 , 1967 .ee f,`„AJ APPROVED: City Clerk ayor