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HomeMy WebLinkAbout4737 rA RESOLUTION NO. 4,737 A RESOLUTION GRANTING A WRECKER SERVICE FRANCHISE TO REMOVE AND STORE WRECKED AND ABANDONED VEHICLES AT THE DIRECTION OF THE POLICE AND OTHER OFFICIAL AUTHORITIES; AND FOR OTHER PURPOSES BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS SECTION 1. Robert L. Burns, A. R. Pendergrass and Richard Short, doing business as Greater Little Rock Wrecker Service are hereby granted a franchise for a period of two years from the date of this Resolution to provide and maintain towing and storage facilities and service for those vehicles which the police authorities order removed from the streets and other public areas and ways of the City of Little Rock. SECTION 20 The franchise granted herein shall provide for the rights and privileges and be subject to the terms and conditions all of which are set forth in Exhibit A attached hereto titled "A Fran- chise 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 effected by the signatures of said parties at the place designated on the signature page of Exhibit A. The original of Exhibit A shall be kept and maintained in the files of the office of the City Clerk. SECTION 3 . This Resolution shall be in full force and effect from and after its adoption. ADOPTED February 1, 1972 iFitiL1267 ATTESTg APP ROVE D• /g1(7.-- ty Clerk Mayor A FRANCHISE FOR THE OPERATION OF WRECKER SERVICE IN THE CITY OF LITTLE ROCK The holder of the City of Little Rock Wrecker Franchise will be required to provide contract services as follows : I The Franchisee shall provide a base of operations and storage inside the City limits and with easy accessibility to the public. This base shall be approved in advance by the Board of Directors of the City of Little Rock. II The Franchisee will be required to sweep and haul away all debris , glass, and metal parts of automobiles damaged at the scene of an accident. III The Franchisee shall maintain service 24 hours per day each day during the term of the Franchise, holidays not ex- cepted. IV The Franchisee and all his employees while providing contract services will be subject to the supervision of the Little Rock Police Department and its patrolmen who will inspect the area after any accident to see that the Franchisee has per- formed his services satisfactorily and shall include in his report his evaluation of the Franchisee ' s services . V ■ Franchisee and his employees will be required to provide services authorized by the Franchise courteously and respect- fully in each and every particular and at all times . When the City of Little Rock has an official hold on a vehicle , the agent or owner will have to secure a release from 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 this franchise to each motorist. The Franchisee shall not release such a held vehicle until a pro- perly executed official release shall have been presented to the Franchisee . When the City of Little Rock has no official hold on the car in custody of the Franchisee , the Franchisee shall provide a copy of the list of permissible and actual charges to the owner or agent of the owner of the car in custody. This list will have a space in which the agent or owner of the car in custody will sign that he has read the list. Copies of these forms will be submitted monthly to the Police Captain in charge of the Patrol Division. VI The form upon which a list of charges is provided both at Police and Courts Building and/or by the Franchisee shall contain a request of the owner of the vehicle in custody to direct complaints , if any, concerning the services provided by the franchisee directly to the Office of the Director of Safety in the Little Rock City Hall, telephone number 376-6111, extension 209 . VII Franchisee at the direction of the City will be required to assist administratively and in such other way as may be necessary in the discretion of the City in the disposition of all vehicles held by Franchisee for a period longer than 90 days. Such disposition will be made at a public sale and Franchisee agrees to waive any lien which it may have on said vehicles. The Franchisee must agree 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 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 will be accepted 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. -2- VIII The Franchise herein granted will be subject to cancel- lation at any time by the Franchisee or the City of Little Rock upon written notice given not less than 60 days prior to the effective date of said cancellation; provided that , the Franchise automatically will expire two years from its date of adoption , subject to being extended for twelve months from that date at the option of the Board of Directors . IX The Franchisee will be required to have or to have available radio-controlled equipment of the following specifications : 1 - 25-ton rated wrecker 1 - 16 ton rated wrecker 2 - 4-ton rated wreckers 1 - 8-ton rated wrecker This equipment will be certified to be available at the time of awarding the Franchise. The equipment will be specified to be either owned or under contract and evidence will be pro- • -vided that the equipment is available and on call at all times. The equipment will be in compliance with all state , federal, and local laws applicable . All radios and wrecker equipment are subject to inspection at any time by the Director of Safety and by the Police Department. Each will certify annually or as frequently as is necessary that the equipment is in good working order for safety and the public convenience. X This Franchise provides for the removal of cars from public and private areas as follows : Cars to be officially held I In this category of cars the Franchisee is functioning at the direction and command of the Little Rock Police Depart- ment and shall meticulously follow all terms and conditions of the franchise. I -3- Cars hauled but not officially held Cars towed or serviced by Franchisee in this category as a result of the fact that the owner thereof had not indi- cated a preference as to what wrecker service to use and there is no official hold or claim on the car in question. Such owner is to be treated by Franchisee as a customer or client and will be treated respectfully and courteously at all times . Junk cars Cars that are unable to be moved under their own power from private property and are ordered by the City to be moved by the Franchisee will be handled as officially held cars . Charges The following will be the maximum fees allowed to be charged for services rendered hereunder. If services are performed for which no charges are provided it will be treated by Franchisee as a part of his cost of doing business. 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 . $10 . 00 b) For services as in (a) but second and additional wrecker needed per car . 10. 00 c) Second tow from operations base to anywhere in the City at owner ' s request 7 . 50 d) Vehicles 1-ton and over, except tractor-trailers , first tow and second tow from anywhere to anywhere in the City . 10 . 00 e) Tractor-trailer vehicles , first and second tow, from anywhere •in the City to any other location the City 20 . 00 2 . Storage i a) $1. 00 per 24 hour day on all vehicles, except tractor- trailers , after the first 24 hours . b) Tractor-trailers shall be stored for $3 . 00 per 24 hour day after the first 24 hours . Franchisee agrees to perform the above services for the City of Little Rock public vehicles at not more than the rate indicated and to make service trips for tire repairs or changes -4- 4 for $1. 50 each and to make the actual tire repairs for 75 each and debit said charges against a $100 . 00 monthly credit which is hereby granted to the City and which credit is to be cumulative over each calendar year period. In the event Franchisee ' s charges to the City for this public service exceed the sum of $1,200 . 00 over a calendar year the City of Little Rock will pay all charges in excess thereof. In the event the total charges for any one calendar year are less than $1,200. 00 the Franchisee agrees to pay said difference to the City of Little Rock. The said $100. 00 per month credit will be in lieu of a franchise fee from the Franchisee. XI Disputes on cars held herein shall be resolved with due consideration for the purpose of the original hold and appli- cable concepts of public service. Disputes will be avoided whenever possible. Disputes should not occur except for items not covered in this Franchise. When such is identified, it should be pre- sented to the City after having resolved the situation. The Franchisee agrees to hold the City of Little Rock harmless from any damage claims or liability arising out of this Franchise. In addition, the Franchisee agrees to provide a certificate of liability insurance to the City of Little Rock for filing with the City Clerk. . Dated this ;,zIa day of February, 1972 . GREATER LIT LE ROCK WRECKER SERVICE it'4,/t- (26. 0/:) R•be , ) L. Burns dor Richard Short a VC--L "i . r J.A. R. dergra s J • -5-