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HomeMy WebLinkAbout14040ORDINANCE NO. 141,040 AN ORDINANCE GRANTING THE WRECKER SERVICE FRANCHISE FOR WRECKER SERVICE WITHIN THE CITY OF LITTLE ROCK; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. That Barber Street Exxon Servicenter, Inc., Trek, Inc., and Penny's Wrecker Service, Inc., a joint venture partnership, are hereby granted a Franchise for a period of two years from the date of this Ordinance to provide and maintain towing and storage facilities and service for those vehicles which the Police authorities or other official authorities order removed from the streets and other public areas and ways of the City of Little Rock. SECTION 2. The Franchise granted herein shall provide for the rights and privileges and be subject to the terms and conditions as set out on Exhibit "A" hereto titled: "A Franchise for the Operation of Wrecker Service in the City of Little Rock ". This Franchise grant is further conditioned upon written acceptance of same by each of the three parties herein identified, which acceptance shall be affected by the signatures of said parties at the place designated on the signature page of Exhibit "A ". The origianl Exhibit "A" shall be kept and main- tained in the permanent records of the Office of the City Clerk. SECTION 3. Rates to be charged for wrecker services are author- ized in Exhibit "A ". SECTION 4. The Franchise awarded herein is hereby declared to be necessary for the safety and welfare of the citizens of the City. Therefore, an emergency is hereby declared to exist and this Ordinance being necessary for the immediate preservation of the public peace, health, and safety shall take effect and be in force from and after its passage. PASSED: May 5, 1981 ATTEST: APPROVED: City Cl rk Mayor t,. • . ,, EXMIBIT "A" A FRANCHISE FOR THE OPERATION OF WREC TR SERVICE IN THE CI'T'Y OF LI'T'TLE ROCK I. The Franchisee shall provide and maintain to,,-in and storage facilities and service for those vehicles which the noli_ce authorities or other official authorities order removed fran the streets and other public areas and ways of the City of Little Rock, Arkansas. II. The Franchisee shall be required to sweep and haul away all debris, glass, and metal parts of vehicles damaged at the scene of an acci- dent. The Little Rock Police Department officer at the scene shall ranain there while this is being done to provide protection and to inspect the area to see that the Franchisee has performed his services satisfactorily. The Franchisee and his employees shall follow the instructions of the Little Rock Police officer. III. The Franchisee shall maintain service 24 hours per day each day during the term 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 but not limited to the hours of 7:00 a.m. to 6:00 p.m. This base shall be approved by the City Manager or his designated agent. The Franchisee shall provide 24 hour security of the storage area. V. The Franchisee shall be solely responsible for any damages resulting fran the towing and storage of any vehicles. This shall include, but not be limited to, the condition of the vehicle and accessories. The Franchisee shall hold the City of I.,ittle Rock harmless fran d age claims or liability arising out of this Franchise. VI. Franchisee and his Employees shall be required to provide ser- vices authorized in the Franchise courteously, and their dealings with the public shall be carried out with the utmost respect for the citizens with whom they come 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 fran the Little Rock Police Department. At the time of receiving 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 executed official release shall have been presented to the Franchisee. When the City of Little Rock has no official hold on the vehi- cle 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 custody. This list shall have a space in which the agent or owner of the vehicle in custody will be requested to sign acknowledging that he has read the list. Copies of these forms shall be submitted monthly to the Director of General Services in Little Rack City Hall. VII. The list of charges provided at the Police Building 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 Hall, telephone number 371 -4535. VIII. The Franchisee may dispose of all abandoned vehicles held for a period longer than 30 days at public sale in compliance with all local, state, and federal laws pertaining to disposition of said vehicles. The -2- Franchisee must agree to waive any lien which the Franchisee might have on said vehicle and must agree to accept as pavment for all towing and storage charges the collective amount received from the sale of all vehicles at said sale less any expenses incurred by the City of Little Rock in pre- paring, advertising, and handling said vehicles for sale. Franchisee must further agree that in the event the total amount received is less than 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 produces more funds than charges against said vehicle, said excess funds shall be remitted to that governmental agency authorized by State statute to receive such funds. Ix. The Franchise herein shall be subject to cancellation at any time by the Franchisee or the City of Little Rock upon written notice within 60 days prior to the effective date of said cancellation; provided, that the Franchise automatically shall expire two years from its date of adoption, subject to being extended for twelve months fran 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 discretion to cancel the Franchise forthwith. ►a The Franchisee shall be required to have or to have available radio controlled equipment of the following specifications and any addi- tional equipment necessary to provide towing services: 1 - 16 ton rated wrecker. 2 - 8 ton rated wreckers. 2 - 4 ton rated wreckers. 'Ibis 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. -3- s 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 ranoval of vehicles from public and private areas as follows: Vehicles to be Officially Held. In this category of vehicles, the Franchisee shall meticulously follow the terms 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 having 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 amounts 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 shall be charged no more than a total of ..... .............................$4 0.00 -4- b. For services as in (a) but second and addi- tional wrecker needed per vehicle ..........$ 40. 0 0 c. Second tow from operations base to anywhere in the City at owner's expense .............$ 35.00 d. 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. XII. 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 amounts, $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 mininun. XIII. This Franchise shall not be sold, assigned, transferred, leased or mortgaged. Acceptance of Franchise: *7 Z Barber Street ExxW- Servicecenter, Inc. rek, Inc. Penny s'Wrecke�r Se : vice, Inc' -5- 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. 7 1 / M