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HomeMy WebLinkAbout5207 zs 1 RESOLUTION NO 5 ,207 A RESOLUTION GRANTING A FRANCHISE TO GREATER LITTLE ROCK WRECKER SERVICE TO REMOVE AND STORE WRECKED AND ABANDONED VEHICLES PURSUANT TO THE DIRECTION OF THE POLICE DEPARTMENT 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. Charles W. Tracy, Robert L. Burns and A. R. Pendergrass , 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 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 con- ditions 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 accep- tance 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 Exhi- bit "A" . The original of Exhibit "A" shall be kept and main- tained in the permanent records of the office of the City Clerk. SECTION 3. This Resolution shall be in full force and effect from and after its adoption. ADOPTED: May 21, 1974 ATTEST: !/ ' APPROVED: City Clerk Asst. 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 pay the City an annual franchise fee of $1 ,800 . 00 and 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. Storage areas will be manned by Security personnel . 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 excepted, through- out all the city including territory annexed by election held May 3, 1973. 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 performed 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 in the Franchise courteously and with the attitude that their service is an extension of City government and that their dealings with the public will be carried out with the utmost respect for the citizens with whom they come in contact . V. (Cont ' d) 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 properly 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 list of charges provided either at the Police and Courts 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 Little Rock City Hall , Telephone Number 376 -6111 , Extension 200 . VII . The Franchisee acting as the Agent of the City will be required to dispose of all vehicles held for a period longer than 90 days at public sale and must agree to waive any lien which the Franchisee might 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 ex- penses 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 VII . (Cont ' d) vehicles , said excess funds shall be turned over to the City of Little Rock for deposit in the City General Fund. VIII . The Franchise herein granted will 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 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 provided 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 4 to inspection at any time by the Director of General Services and by the Police Department. Each will certify annually or as frequently as 0 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 : 4 X . (Cont ' d) Cars to be officially held In this category of cars , the Franchisee is functioning as a governmental entity and so shall meticulously follow the terms and conditions of the Franchise , taking care to do so with the spirit of public service and courtesy . Cars hauled but not officially held Cars serviced by the Franchisee in this category are to be treated as customers or clients of the government and the Franchisee . By virtue of this Franchise , cars are towed or serviced by the Franchisee by mere fact of the owner of the car not having indicated a preference •as to what wrecker service to use and/or the car needed to be towed. But there is no official claim on cars in this category . Inasmuch as the City lends its faith and image to the Franchisee in calling the contract wrecker, the Franchisee shall charge no more than the amounts provided in the Franchise . Junk Cars Cars that are unable to be moved 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 fees allowed to be charged for services . No charges for services beyond those specified is allowed. If services are performed for which no charges are provided, such will be consider- ed the cost of doing business in the public sector . I . 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 $ (b) For services as in (a) but second and additional wrecker needed per car $ (c) Second tow from operations base to anywhere in the City at owner' s request $ SK X. (Cont'd) (d) Vehicles 1-ton and over, except tractor-trailers , first tow and second tow from anywhere to anywhere in the City $ (e) Tractor-trailer vehicles , first and second tow, from anywhere in the City to any other location in the City $ II . STORAGE (a) $ per 24-hour day on all vehicles , except tractor- trailers , after the first 24 hours. (b) Tractor-trailers shall be stored for $ per 24-hour day, after the first 24 hours . In addition to the fees set out above , the Franchisee agrees to make service trips for tire repairs or changes , on City owned vehicles , for $ 1 . 50 each. XI . Disputes on cars held herein shall be resolved with due con- sideration for the purpose of the original hold and applicable con- cepts of public service . Disputes will be avoided wherever possible . Disputes should not occur except for items not covered in this Franchise . When such is identified, it should be presented to the City after having resolved the situation. XII . 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 . . • I Dated this day of May, 1974. GREATER LITTLE ROCK WRECKER SERVICE Charles W. Tracy Robert L. Burns A. R. Pendergrass