2004F15-TOWINGAN ORDINANCE
GRANTING ROADRUNNER TOWING A FRANCHISE FOR
NONCONSENT TOWING OF DISABLED OR WRECKED VEHICLES
WITHIN THE CITY LIMITS OF THE CITY OF SCHERTZ;
IMPOSING PROVISIONS AND CONDITIONS RELATING TO THE
EXERCISE OF SAME; AND PROVIDING FOR PENALTIES NOT TO
EXCEED $500 FOR VIOLATION THEREOF; AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH
THIS ORDINANCE.
WHEREAS, it is found to be in the public interest and necessary to provide for
the safety of the citizens of Schertz to have a contract wrecker service provider in the
City of Schertz, Texas (the "City"); and
WHEREAS, the City of Schertz has
qualifications of the FRANCHISEE named below;
reviewed and
is satisfied with the
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII~ OF THE CITY
OF SCHERTZ, TEXAS-
THAT the following franchise terms are hereby adopted.
Section 1. Short Title.
This ordinance shall be known and may be cited as the Roadrunner Towing Contract
Wrecker Ordinance of the City of Schertz, Texas.
Section 2. Defined Terms.
The following words, terms, phrases, when used in this ordinance, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a
different meaning:
Tow truck rotation list means the rotation list of companies prepared and used as
provided in this ordinance.
Tow truck selection form means the form for selection of wrecker companies, prepared
and used as provided in this ordinance.
Terms defined in Ordinance No. 03-F-37 are incorporated herein.
Towing Ordn. doc
Section 3.
Grants of Authority.
a. There is hereby granted by the City of Schertz (hereinafter called
"FRANCHISER"), to ROADRUNNER TOWING, a company organized under the laws
of the State of Texas (hereinafter called "FRANCHISEE"), the right and privilege to
operate and maintain within the City a service for the no consent towing of wrecked
and/or disabled vehicles. The relationship of the FRANCHISEE and the FRANCHISER
is purely contractual. No other function or relationship is implied.
b. The rights and privileges granted to the FRANCHISEE herein for the
purpose set forth shall not be exclusive.
c. The FRANCHISER hereby grants the FRANCHISEE, under the terms,
conditions and consideration of this ordinance, permission for the occupation or use of
the streets, alleys, and public ways within the City for the purpose of non-consent towing
of wrecked and/or disabled vehicles, to the extent necessary to accomplish the object of
this ordinance.
Section 4.
Indemnification, Insurance and Bonds.
a. The FRANCHISEE shall indemnify and save harmless the
FRANCHISER, and all agents, officers, employees and representatives thereof fi'om and
against any and all loss sustained by the FRANCHISER on the account of any suit,
judgment, claim or demand whatsoever, resulting from the negligence on the part of the
FRANCHISEE, its agents, or employees in the performance of services under this
ordinance.
b. The FRANCHISEE agrees to procure and keep in full force and effect a
policy or policies of public liability and property damage insurance, issued by a casualty
insurance company authorized to do business in this state and in the standard form
approved by the state board of insurance commissioners, with the insured provisions of
such policy or policies including the FRANCHISER as an insured, and the coverage
provision insuring the public from any loss or damage that may arise to any person or
property by reason of the operation of a tow track of the FRANCHISEE such company
and providing that the amount of recovery on each tow truck shall be in limits of not less
than the following sums:
for damages arising out of bodily injury to or death of one person in any
accident, $100,000;
(2)
for damages arising out of bodily injury to or death of two or more persons
in any accident, $300,000; and
(3)
for injury to or destruction of property in any one accident, $100,000.
Towing Ordn.doc 2
Such policy or policies must be approved by the City Attorney. Such policy or policies
must be in full force before the FRANCHISEE commences service. Either the original
policy or policies or certified copies must be on file with the City Secretary of the
FRANCHISER.
c. The FRANCHISEE shall furnish an annually renewable bond to the
FRANCHISER in the amount of $100,000 guaranteeing the faithful performance of
obligations of the FRANCHISEE under terms of this ordinance, which shall be in force
before the FRANCHISEE commences service under this ordinance, and which shall be
subject to these requirements.
(1)
Such bond shall be executed by the FRANCHISEE and one or more
sureties approved by the City Manager.
(2)
Either the bond or bonds or certified copies must be on file with the City
Secretary of the FRANCHISER.
(3)
The bond or bonds must provide by endorsement that it cannot be
cancelled or amended by the bonding company prior to thirty (30) days
notice to the City Manager.
(4)
The bond shall be conditioned that the FRANCHISEE shall well and truly
observe, fulfill, and perform each term and condition of this franchise and
that in case of any breach of condition of the bond, the amount thereof
shall be recoverable from the principal and surety thereof by the
FRANCHISER for all liquidated damages for the failure of the
FRANCHISEE to well and faithfully observe and perform any provision
of this ordinance, and for any amount billed to the FRANCHISEE by the
FRANCHISER for the cost of the FRANCHISER's performing or causing
to be performed the FRANCHISEE's obligation, as provided herein.
Section 5.
Quality and Performance Standards.
Acceptance of this ordinance by the FRANCHISEE carries with it expectations of both
efficiency and quality of service. The standards below are considered minimum
standards.
a. Quality of Service. Customer satisfaction is the ultimate measure of the
quality of service. The FRANCHISEE will make every reasonable effort to insure the
customer is treated with due courtesy and respect. The property, vehicles and equipment
of the customer will be treated without abuse. Informal complaints will be resolved as
quickly as possible with the customer receiving the benefit of doubt. Formal complaints
will be resolved as provided in Section 13.
b. Equipment and Maintenance Thereof. All equipment, including motor
vehicles, tow trucks and other trucks necessary for the performance of this ordinance by
Towing Ordn.doc 3
the FRANCHISEE shall, on the effective date by this ordinance, be in good condition and
repair. All tow trucks and or other related tracks used in the performance of this franchise
will be inspected by an authorized representative of the Schertz Police Department. Such
inspection will be made for the purpose of verifying compliance to provisions of this
ordinance and state law. All tow trucks will meet minimum standards set forth by state
law with clear markings indicating the name, address, and telephone number of the
FRANCHISEE.
c. Response Time and Availability. The FRANCHISEE will be available 24
hours a day, seven days a week, holidays included. The FRANCHISEE shall maintain an
average fifteen (15) minute response time to all calls for non-consent tows from the
Schertz Police Department. The FRANCHISEE will respond to and remain available at
the authorized storage facility within one (1) hour for release of vehicles to customers or
representatives of the Schertz Police Depamnent. Such storage facility, which shall be
within the corporate boundaries of the FRANCHISER, will remain available for
inspection during normal business hours and other times as necessary for the performance
of a law enforcement function and compliance with state law.
d. Office Hours and Staffing. The FRANCHISEE shall establish and
maintain an office in the City of Schertz with telephone service and shall keep said office
open for business from 8:00 A.M. to 5:00 P.M. each and every day except Saturday,
Sunday and legal national holidays, as a minimum.
e. Records. The FRANCHISEE shall maintain at its garage or storage
facility records as to all vehicles moved by it after being notified to do so by personnel of
the Schertz Police Department in accordance with provisions of this ordinance.
f. Content of Records. The records required to be kept by the FRANCHISEE
shall contain the following information:
(1)
make, model and serial number of the disabled or wrecked vehicle moved
by the FRANCHISEE;
(2)
location from which the disabled or wrecked vehicle was removed and
time of removal;
(3)
total amount charged for towing services;
(4)
storage rate per day; and
(5)
description of all personal property within the disabled or wrecked vehicle
at the time of its removal.
The above-described records shall be preserved by the FRANCHISEE for 12 months
from and after the date the FRANCHISEE comes into possession of the disabled or
Towing Ordn.doc 4
wrecked vehicle, or until the vehicle is released from the possession of the
FRANCHISEE, whichever length of time is longer.
g. Duty of Tow Truck Operator. It shall be the duty of the FRANCHISEE's
tow track operator responding to a call to the scene of and accident or collision to clean
up and remove the debris resulting fi'om such accident or collision.
Section 6.
Lien for Towage and Storage Fees.
a. When a motor vehicle has been towed and placed in storage as a result of
a police request, the police chief or designee shall be required to notify the last known
registered owner and all lien-holders of record of the motor vehicle being impounded that
the motor vehicle has been taken into custody. Such notice must conform to the notice
requirements of state law.
b. The FRANCHISEE storage facility that provides notice of the possession
of the vehicle to the owner in accordance with the provisions of state law must also
provide to the FRANCHISER a copy of the certified, return receipt requested, letter of
notice sent to the owner and a copy of the certification paper received by the
FRANCHISEE storage facility from the post office after delivery of the certified notice.
Section 7.
Fencing of Yards and Storage Areas.
All of the FRANCHISEE's yards and storage areas for damaged vehicles within the City
must meet the requirements of municipal and state law and shall be fenced in order to
provide protection for the vehicles in their custody.
Section 8. Penalties.
a. Any person, employee, association, organization, company or corporation,
upon being named a franchisee and awarded a franchise under this ordinance who fails to
provide services described in this ordinance shall be cited by the appropriate city agency,
and is subject to a fine not to exceed five hundred dollars ($500) for each and every day
such service is not performed.
b. Any person, association, organization, company, or corporation, upon
being named a franchisee and awarded a franchise under this ordinance who fails to
comply with the service standards described in this ordinance shall be cited by the
appropriate city agency, and is subject to a fine not to exceed five hundred dollars ($500)
for each and every failure to comply with service standards described in this ordinance.
Section 9.
Special Considerations.
a. The FRANCHISEE will provide a list of companies for the purpose of
responding to environmental/hazardous material spills and clean-ups at accident sites or
other incidents where the FRANCHISEE's services are required.
Towing Ordn.doc 5
b. Hazardous material and or environmental clean-ups and disposal will be
the responsibility of the FRANCHISEE and will be under the direct supervision of
Schertz Fire Department personnel.
c. The FRANCHISEE will provide towing services for vehicles of the
FRANCHISER at no cost to the FRANCHISER.
d. The FRANCHISEE will provide towing of vehicles that are being seized
or forfeited under state or federal statutes. In the event that the vehicle under forfeiture or
seizure is not forfeited or seized, all costs associated with the towing will be the
responsibility of the owner of the vehicle.
Section 10.
Duration of the Franchise and Renewal Options.
a. This ordinance and the rights, privileges, and authority hereby granted
shall take effect and be in force from and after final passage hereof and acceptance by the
FP,~NCHISER, as provided by law, and shall continue in force and effect for a term of
one (1) year, or May 3 l, 2005 whichever occurs sooner, provided that, within thirty (30)
days at~er the second reading of this ordinance, the FRANCHISEE shall file with the
FRANCHISER its unconditional acceptance of this ordinance and promise to comply
with and abide by all of its provisions, terms and conditions. Such acceptance and
promise in writing shall be duly executed by an authorized official of the FRANCHISEE
on behalf of the FRANCHISEE.
b. This ordinance may be renewed for an additional period of two (2) years
unless either the FRANCHISER or the FRANCHISEE gives written notification of the
termination of this ordinance to the other ninety (90) days prior to the expiration of the
original one (1) year term of this ordinance.
Section 11. Severability, Compliance With Applicable Laws and Non-Contestability
by the FRANCHISEE.
a. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed separate, distinct, and independent provision,
and such holding shall not affect the validity of the remaining portions hereof.
b. At all times during the term of this ordinance, the FRANCHISEE shall
subject to all lawful exercise of the police power by the FRANCHISER and to such
reasonable regulations as the FRANCHISER shall from time to time provide pursuant to
the exercise of such police power.
c. The FRANCHISEE, by acceptance of this ordinance, expressly
acknowledges and accepts the right of the FRANCHISER to issue its fi'anchise and
Towing Ordn.doc 6
finxher agrees to fully comply with all appropriate government agencies of applicable
jurisdiction.
Section 12.
Non-Transferability of Fr~chise Rights.
The FRANCHISEE shall not sell, transfer, or assign its fights under this ordinance
awarding its franchise, or substantially all of its assets, to any other person or entity
without the prior written approval of the City Council, such approval not to be
unreasonably held.
Section 13.
Complaints and Resolution.
a. Complaints fi'om or by the public or a particular customer must be in
writing and mailed to the City Manager or designated representative for action.
b. Satisfactory resolution will be determined by the City Manager, who shall
notify the FRANCHISEE. The FRANCHISEE may appeal to the City Council, which
will make a final determination.
Section 14.
Investigation and Public Hearing.
The City Council shall have full power to examine or cause to examine at any time, and
at all times, the books, papers and records of the FRANCHISEE with relation to the
operations of its services under this ordinance. In this connection, the FRANCHISER
shall have the right, through its City Council, to take testimony and compel attendance of
wimesses or the production of books, papers and records and to examine witnesses under
oath and under such roles and regulations as it may adopt. If any officer, agent, or
employee of the FRANCHISEE refuses to give testimony before the City Council, City
Council shall have the power to terminate this ordinance.
Section 15. Notices.
Where written notices are provided for in this ordinance, the same shall be sufficient to
notify the FRANCHISEE if mailed by certified mail to Roadrunner Towing, 100 Pecan,
Schertz, Texas 78154, and shall be sufficient to notify the FRANCHISER if mailed by
certified mail to City Secretary, City of Schertz, P.O. Box Drawer I, Schertz, Texas
78154.
Section 16. Service Rates.
Rates for services provided by the FRANCHISEE under this ordinance are contained in
Exhibit 1. Rates will remain in effect until changes are approved by City Council from
time to time. The FRANCHISEE shall have the option of requesting a change in service
rates pursuant to Section 11.06 of the City Charter or according to state law, prior to the
second year, and every year thereafter, if this ordinance.
Towing Ordn.doc 7
Section 17.
Billing, Collection and Payment.
a. For purposes of convenience, the billing and collection of charges levied
by the FRANCHISEE shall be done by the FRANCHISEE. All such fees shall be payable
to the FRANCHISEE.
b. The FRANCHISEE shall pay the FRANCHISER a sum of ten dollars
($10.00) for each non-consent towed vehicle under 25 feet in length. The FRANCHISEE
shall pay the FRANCHISER five (5%) percent of all services billed for non-consent
towed vehicles exceeding 25 feet in length. The FRANCHISEE shall make payment to
the FRANCHISER on the 10th day of each month and will provide a report to the
FRANCHISER of all non-consent towing charges for required services under this
ordinance.
c. The FRANCHISEE shall provide a monthly report of all non-consent
towing activities with the FRANCHISER or required by this ordinance and provide a
yearly report to the FRANCHISER at the end of each calendar year.
Section 18.
Publication Costs.
The FRANCHISEE shall assume the cost of publication of this ordinance as such
publication is required by City Charter and such amount is payable upon the
FRANCHISEE's filing of acceptance of this ordinance.
Section 19.
Incorporation of General Franchise Provisions.
The provisions of Ordinance No. 03-F-37 (except Exhibit 1 thereof) are hereby
incorporated herein.
II.
THAT all other ordinances and parts of ordinances (other than Ordinance No. 03-F-37) in
conflict with this ordinance are hereby repealed.
Towing Ordn.doc 8
Approved on first reading the ~ ~L of April, 2004.
PASSED. APPROVED. and ADOPTED the . ' ~-.,/
Mayor, City of Schertz, Texas
ATTEST:
City Secretary, City of Schertz, Texas
(Seal of City)
AcC~ext by ROADRUNNER TOWING
By
Officer
Towing Ordn.doc 9
Roadrunner Towing Franchise
Exhibit 1.
Non-Consent Towing Rates- Light Du.ty
Accidents
Towing Rate
Dollie use
Off Road Recovery
Labor Rate (waiting, working)
Additional Trucks (labor)
Clean-up (glass, debris)
law)
$75.00
$25.00
$50.00
$60.00 per man/per hour
$60.00 per man/per hour
$25.00 (required by state
Mileage Rate (1.00 per mile) after 5 miles $2.00 per mile
Police Rate
Arrests, abandoned, stolen, parking
$55.00
Storage Rates
Vehicles less than 25 feet
Vehicles exceeding 25 feet
Impoundment fee
$15.00 per day + tax
$30.00 per day + tax
$20.00
Non-Consent Towin_~ Rates- Heavy Du~.
Accident Rates
Towing Rate $250.00
Labor Rate (waiting, working) $250.00 per man/per hour
Additional Equipment (wrecker, manpower) $375.00
Additional Equipment (tractors, forklifts) $350.00 per hour + 25%
Mileage Rate $3.00 per mile
Clean-up (glass, debris) $120.00
Hazardous Material/Environmental Clean-up
Calculated after clean-up, remediation testing and disposal
+ 25%
Police Rate
Arrest, Stolen, Abandoned Parking)
Mileage Rate
$250.00
$3.00 per mile
Towing Ordn.doc 10
:I'HE STATE OF TEXAS,
County of Guadalupe
PUBLISHER'S AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared
_~'o, mmy Cro,,~ , _, known to me, who, being by me duly sworn, on
his oath deposes and says that he is the Publisher of The Seguin Gazette-Enterprise, a
newspaper published in said county; that a copy of the within and foregoing notice was
published in said. newspaper ~ / _ time(s) before the retum day named therein, such
publications being on the following dates'
and a newspaper copy of which is hereto attached.
-- day of
Swom,,~d subscribed before me this ~'~ ~/?
,, ~:'"~ _~, A.D., 2004.
~//~~,.:'c:~ CAROL ANN AVERY
Nobary Pt~c S!a~ of Te~s
~ ~~; My Commisst~'~ E~j~r~ 08-31-2004
Notary Public, Guadalupe County, Texas
:I'HE STATE OF TEXAS,
PUBLISHER'S AFFIDAVIT
County of Gu~d~lupe
Before me, the undersigned authority, on this date personally appeared
,
, known to me, who, being by me duly sworn, cn
his oath deposes and says that he is the Publisher of The Seguin Gazebo-Enterprise, a
newspaper published in said count'/; that a copy of the within and foregoing notics was
published in'said newspaper ..~ time(s) before the return day named therein, such
publications being on the following dates'
and a newspaper copy of which is hereto attached.
Swam to and subscribed before me this
day of
A.D., 2004.
.RUNNER' TOWING
FRANCHISE- ~ , FOR
~D ": ~D~~S
~~TING:, ,TO' · ~E
PEN~~~T
P~80E 'O~I~-
CE8 IN CONDUCT
· ~ :.-.,, ~, ,_
Notary Public, Guadalupe County, Texas
this ' section, exceiSt
ly renewable bond to and other times as nec- FRANCHISEE on be- of the FRANCHISEE
where the context the FRANCHISER in essary for the perform; All of the FRANCHI- half of the refuses to give testimo-
clearly indicates a dif- the amount of $100,000 ance of a law enforce- SEE's yards and stor- FRANCHISEE. ny before the City
ferent meaning: guaranteeing the faith-., ment function and com- age areas for damaged Council, City Council
ful performance of obli- pliance with state law. vehicles within the City b. This ordinance may shall have the power to
Tow truck rotation list gations of the FRAN- must meet the require- be renewed for an addi- terminate this ordi-
~ means the rotation list CHISEE under terms of d. Office Hours and ments of municipal and tional Period of two (2) nance'.
of companies prepared this ordinance, which Staffing. The FRAN- state law and shall be years unless either the
and used as provided in shall be in force before CHISEE shall establish fenced in order to pro- FRANCHISER or the Section 15.
this ordinance.' the FRANCHISEE com- and maintain an office vide protection for the FRANCHISEE gives Notices.
mences service under in the City of Schertz vehicles in their custo- written ~notification of
.. Tow truck selection this ordinance, and with telephone service dy. the termination of this Where written notices
~. form means the form which shall be subject and shall keep said of- ordinance to the other are provided for in this
for selection of wrecker to these requirements, rice open for. business Section 8. : ninety (90) days prior to ordinance, the same
" companies, prepared from 8:00 A.M. to 5:00 Penalties. the .expiration of the shall be sufficient to no-
and used as provided in (1) Such bond shall be P. JVI. each and every original one (1) year tify the FRANCHISEE if
this ordinance, executed by the FRAN- day except Saturday, a. Any Person, employ- term of this ordinance, mailed by certified mail
CHISEE and one or Sunday and legal na- ee, association, organi- to Roadrunner Towing,
'~ Terms defined in Ordi- more sureties approved tional holidays, as a zation, company or cor- Section 11. 100 Pecan, Schertz,
nance No. 03-F-37 are. by the City Manager. minimum, poration, upon being Severability, Compli- Texas 78154, and shall
incorporated herein, named a franchisee, ance With Applicable be sufficient to .notify
(2) Either the bond or* e. Records. The FRAN- and awarded a fran- Laws and Non-Contest- the FRANCHISER if
Section 3. bonds or certified cop- CHISEE shall maintain chise under this.ordi, ability by the mailed by certified mail
"Grants of Authority. les must be on file with at its garage or storage nance who fails to pro- FRANCHISEE. to City Secretary, City
the City Secretary of facility records as to all vide services described of Schertz, P.O. Box
a. There is hereby the FRANCHISER. vehicles moved by it af- in this ordinance shall a. If any section, sub- Drawer I, Schertz,
granted by the City of '
ter being notified to do be cited by the appro- section, sentence, Texas 78154.
Schertz (hereinafter (3) The bond or bonds so by Personnel of the priate city agency, and clause, phrase or por-
,. called "FRANCHIS- must provide by en- Schertz Police Depart- is subject to a fine not tion of this ordinance is Section 16.
ER"), to ROADRUN- dorsement that it can- ment in accordance' to exceed five hundred for any reason held in- Service Rates.
~ NER TOWING, a corn- not be cancelled or .with provisions of this dollars ($500) for each valid or unconstitutional
,,:,pany organized -under amended by the bond- ordinance, and every day such by any court of compe- Rates for services pro-
,~: the laws of the 'State of lng company Prior to service is not per- · tent jurisdiction, such vided by the FRANCHI-
Texas (hereinafter thirty (30) days notice f. Content of Records. formed, portion shall be SEE under this ordi-
called "FRANCHI- to the City Manager. The records required to deemed separate, dis- nance are contained in
SEE"), the fight and be kept by the FRAN- b. Any Person, associa- tinct, and independent Exhibit 1. Rates will re-
privilege to operate and (4) The bond shall be CHISEE shall contain tion, organization, corn- provision, and such main in effect until
,. maintain within the City conditioned that the the following informa- pany, or corporation, holding shall not affect changes are approved
: a service, for the no FRANCHISEE shall tion: upon being named a the validity of the re- by City Council from
consent towing of well and truly .observe, franchisee and award- maining portions here-, time to time. The
: wrecked and/or disa- fulfill, and Perform each (1) make, model and ed a franchise under of. FRANCHISEE shall
bled vehicles. The rela- term and condition of serial number of the. this ordinance who fails have the Option of re-
~. tionship of the' FRAN- this franchise and that disabled or wrecked ve- to comply with the serv- b. At all times during questing a change in
,~ CHISEE and. the in case of any breach of hicle moved by the ice standards described the term of this ordi- service rates pursuant
~, FRANCHISER is purely condition of the bond, FRANCHISEE; in this ordinance shall nance, the FRANCHI-' to Section 11.06 of the
contractual. No other 'the amount thereof be cited by the appro- SEE shall subject to all City Charter or accord-
function or relationship shall be recoverable (2) location from which priate city agency, and lawful exercise of the lng to state law, prior to
is implied, from the principal and the disabled or wrecked is subject to a fine not police power by the the second year, and
surety thereof by the vehicle was removed to exceed five hundred FRANCHISER and to every year thereafter, if
b. The rights and privi- FRANCHISER for all and time of removal; dollars ($500) for, 'each such reasonable regu- this ordinance.
leges granted to the liquidated damages for , and every failure to lations as the FRAN-
"FRANCHISEE herein the failure of the FRAN- (3) total amount charg- comply with service CHISER shall from time Section 17. Bill-
~'.~ for the purpose set forth CHISEE to well and ed for towing services; standards, described in to 'time provide, pur- lng, Collection and pay.
~ shall not be exclusive. _ faithfully observe and this ordinance, suant to the exercise of ment.
perform any provision (4) storage rate per such policepower.
c. The FRANCHISER of this ordinance, and day; and Section 9. a. For purposes of con-
hereby grants the for any amount billed to Special Considerations. c. The 'FRANCHISEE, venience, the billing
FRANCHISEE, under the FRANCHISEE by (5) description of all by acceptance of this and collection of charg-
the terms, conditions the FRANCHISER for Personal proPerty within a. The FRANCHISEE ordinance, expressly es levied by the FRAN-
and consideration of the cost of the FRAN- the disabled or wrecked will provide a list of acknowledges and ac- CHISEE shall be done
this ordinance, permis- CHISER's performing vehicle at the time of its companies for the pur- cepts the right of the by the FRANCHISEE.
sion for the occupation or causing to be per- removal, pose of responding to FRANCHISER to issue All such fees shall be
'~.' or use of the streets, al- formed the FRANCHI- environmental/hazard- its franchise and further payable to the
:.~. leys, and public ways SEE's obligation, as The above-described, ous material spills and agrees to fully comply FRANCHISEE.
.... within the City for the provided herein, records shall be pre- clean-upS at accident with all appropriate gov-
purpose of non-consent served by the FRAN- sites or other inCidents ernment agencies of b. The FRANCHISEE
towing of wrecked Section 5. CHISEE for 12 months' where the FRANCHI- applicable jurisdiction, shall pay the FRAN-
and/or disabled vehi- Quality and Perform- from and after the date SEE's services are re- ~ CHISER a sum of ten
des, to the extent nec- ance Standards. the FRANCHISEE quired. Section 12. dollars .($10.00) for
essary to. accomplish comes into possession Non-Transferability of each non-consent tow-
the object of this ordi- Acceptance of this ordi- of the disabled or b. Hazardous material Franchise Rights. ed vehicle under 25
nance, nance by the FRAN- wrecked vehicle, or Un- and or environmental feet in length. The
"~ CHISEE carries with it til tlie vehicle is re- clean-ups and disposal The FRANCHISEE FRANCHISEE Shall
· . Section 4. expectations of both ef- leased from the pos- will be the reSpOnsibility shall not .sell, transfer, pay the FRANCHISER
Indemnification, Insur- ficiency and quality of session of the FRAN- of the FRANCHISEE or assign its rights, un- five (5%) percent of all
ance and Bonds. service. The standards CHISEE, whichever and will be under the di- der ~this,i ~ ..~,~ordinance ~~ ..billed- for
below are considered -length or'time is longer, rect .supervision .... of awarding :'its' -franchise, conSent' t°wed vehicles
a. The FRANCHISEE minimum standards. ' Schertz Fire Depart- or sUbstantially all'of its exceeding 25 feet in
shall indemnify and g. Duty of Tow Truck ment Personnel. assets, to any other length. The FRANCHI-
save harmless the a. Quality of .Service... OPerator. It shall be the Person or entity without SEE shall make pay-
' FRANCHISER, and all Customer satisfaction is duty of the FRANCHI- c. The FRANCHISEE the prior written appro- .ment to the FRAN-
agents, officers, em- the ultimate measure of SEE's tow buck opera- will provide towing serv- val of the City Council, CHISER on the 10th
ployees and represen- the quality of service, tor responding to a call ices for vehicles of the such approval not to be day of each month and
~, tatives thereof from and The FRANCHISEE will to the scene of and ac- FRANCHIsER at no unreasonably held., will provide a report to
','i against any and all loss make every reasonable Cident or collision to cost to the FRANCHIS- the FRANCHIsER of all
... sustai~ by the FRAN- effort to insure the cus- clean up and remove ER. Section 13. non-consent towing
CHISER on the account tomer is treated with the debris resulting Complaints and Reso- charges for required
of any suit, judgment, due courtesy and re- from such accident or d. The FRANCHISEE lution, services under this ordi-
,~ claim or demand what- spect. The proPerty, ve- collision, will provide towing of nance.
.., soever, resulting from hicles and equipment of vehicles that are being a. Complaints from or
the negligence on the. the customer will be Section6. seized or forfeited un- by the public or a par- c. 'The FRANCHISEE
· , part of the FRANCHI- treated without abuse~' Lien for Towage and der state or federal stat- ticular customer must shall provide a monthly
,' SEE, its agents, or em-- informal complaints will Storage Fees. utes. In the event that be in ~writing and mailed report of all non-con-
~ ployees in the perform- be resolved as quickly the vehicle under forfei- to the City Manager or sent towing activities
ance of services under as possible with the a. When a motor vehi- ture or seizure is not designated representa- with the FRANCHIsER
this ordinance, customer receiving the 'cie has been towed and forfeited or seized, all tive for action, or required by this ordi-
· benefit of doubt. Formal placed in storage as a costs associated with nance and provide a
b. The FRANCHISEE complaints will be re- result of a police re- the towing will be the b. Satisfactory resolu- yearly repOrt to the
agrees to procure and solved as provided in quest, the police chief responsibility of the tion will be determined FRANCHIsER. at the
keep in full force and Section 13. or designee shall be re- owner of the vehicle, by the City Manager, end of each calendar
effect a policy or poll- quired to notify the last who shall notify the year.
cies of public liability b. Equipment and Main' known registered owner Section 10. Du- FRANCHISEE. The
and property damage tenance Thereof. All and all lien-holders of ration of the Franchise FRANCHISEE may-ap- Section 18.
insurance, issued by a equipment, including record of the motor ve- and Renewal Options. Peal to the City Council, Publication Costs.
casualty insurance motor vehicles, tow hicle being impounded which will make a .final
- company authorized to trucks and other trucks that the motor vehicle a. This ordinance end determination. The FRANcHIsEE
~, do business in this necessary for the per- has been taken into .the rights, privileges, shall assume the cost
"state and in the stand- formance of this ordi- custody. Such nOtice and authority hereby Section 14. of publication of this or-
ard form approved by nance by the FRAN- must conform to the no- granted shall take effect Investigation and Public dinance as such publi-
',,' the state board of insur- CHIsEE shall, on the tice requirements of and be in force from Hearing. , cation is required by
i' ance commissioners., effective date by this or- state law. and after final passage City Charter and such
amount is payable upon Police Rate
the FRANCHISEE's fil-. 'Ar~,e~t, Stolen,' Aban-,
ing of ~i3e Of ~l~J~ ..
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