The city council shall designate and review, on an annual basis,
the wrecker service and storage yard for pickup and storage of vehicles
disabled or abandoned on public property, or vehicles impounded by
the police department.
(1996 Code, sec. 10.1101)
As used in this article, the following terms shall have the
respective meanings ascribed to them in this section:
Auto wrecker.
Shall mean any motor vehicle used or designed for the purpose
of towing, carrying, pushing, or otherwise transporting a disabled
or impounded vehicle.
Disabled vehicle.
Shall mean any motor vehicle located on any public street,
alley, sidewalk, or sidewalk area which is unable to be driven under
its own power due to mechanical breakdown, collision, or for any other
reason.
Impounded vehicle.
Shall mean any vehicle which police officers are authorized
to impound and remove under the provisions of any ordinance of the
city or any law of the state.
(1996 Code, sec. 10.1102)
The city manager is hereby authorized to contract for a wrecker
service, with storage yard facilities, which shall serve the needs
of the city as hereinafter provided.
(1996 Code, sec. 10.1103)
The designated city wrecker service shall maintain a suitable
place for the storage of not less than twenty (20) vehicles located
at a business address or location acceptable to the city. Said storage
area shall be fenced by a wooden fence at least six feet (6') in height,
if in the city limits, be equipped with reasonable securely locked
gates and be lighted at night. A responsible person, agent, or employee
of the designated city wrecker service shall be designated by said
service to be available for call to allow access to the storage area
on a twenty-four-hour basis.
(1996 Code, sec. 10.1104)
The designated wrecker service shall provide an “on call”
twenty-four-hour auto wrecker and driver for the purpose of towing
and transporting a disabled or impounded vehicle. The chief of police,
or his designee, shall contact the designated service as to location
and description of the vehicle to be transported and impounded in
the storage area.
(1996 Code, sec. 10.1105)
The designated wrecker service may charge to the vehicle owner
a reasonable fee to transport an impounded vehicle or disabled vehicle
to the storage area. A schedule of the towing and impoundment fees
to be charged shall be submitted to the city council for approval
and remain on file with the city secretary until amended by the designated
service or termination of agreement with the city. Charging of fees
in excess of those on file shall be an immediate cause for termination
of designated wrecker service by city. Failure of owner of vehicle
to reclaim or pay towing, transportation and storage fees in full
may allow city to dispose of the vehicle in compliance with state
law.
(1996 Code, sec. 10.1106)
The designated wrecker service shall maintain each auto wrecker,
and the equipment contained thereon, in good mechanical condition,
and said service shall comply with all state and local regulations
governing auto wreckers.
(1996 Code, sec. 10.1107)
The designated wrecker service shall not be an agent or employee
of the city, but shall be an independent contractor to the city. Designated
wrecker service shall indemnify and hold the city harmless for any
loss or damages arising out of its service, and shall further give
evidence of being bonded in the amount of ten thousand dollars ($10,000.00).
(1996 Code, sec. 10.1108)
(a) The annual contract shall be reviewed by the city and shall be canceled
only for good cause, including but not limited to failure by designated
service in maintaining its storage area in reasonably good condition
and failure to properly maintain the property entrusted to its care.
(b) The city council shall request proposals from all interested persons
or businesses regarding the proposed wrecker and storage contract
with the city in accord with this article. The council shall contract
with the wrecker company which is in compliance herewith and best
meets the public demands and needs for removal and storage of disabled
and impounded vehicles.
(1996 Code, sec. 10.1109)
The designated wrecker service shall maintain liability auto
insurance in the policy amount of fifty thousand dollars ($50,000.00).
(1996 Code, sec. 10.1110)
Any motor vehicle impounded pursuant to any city ordinance or
state law shall be processed, disposed, auctioned, and sold in accordance
with the provisions of the Texas Abandoned Motor Vehicle Act.
(1996 Code, sec. 10.1111)