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Home My WebLink About09-02-08 Special Called Regular and Public Hearing Wrecker Committee Meeting - Meeting Minutes September 2, 2008 - ,- CITY OF LA PORTE WRECKER COMMITTEE - MINUTES OF SEPTEMBER 2, 2008 Committee Members Present: Tim Tietjens, Planning Director (designated representative of the City Manager); Martha Gillett, City Secretary; and Lt. Gary Rice (designated representative of the Police Chief) Staff Members Present: Clark Askins, Assistant City Attorney; Debbie Wilmore, Chief Building Official; and Peggy Lee, Office Coordinator I CALL TO ORDER Meeting called to order by Chairman Tim Tietjens at 2:05 p.m. 2. CONSIDER APPROVAL OF NOVEMBER 6, 2006, MEETING MINUTES. Motion by Martha Gillett to approve the Minutes of November 6, 2006. Second by Gary Rice. The motion carried with the Minutes approved as presented. 3. CONDUCT PUBLIC HEARING TO RECENE INPUT ON A REQUEST BY RBEX, INC. DBA APPLE TOWING CO., FOR ISSUANCE OF AN EMERGENCY AUTO WRECKER PERMIT UNDER SECTION 78-297 OF THE LA PORTE CODE OF ORDINANCES. A. OPEN PUBLIC HEARING The Chairman opened the public hearing at 2:06 p.m. B. STAFF COMMENTS The following was noted during discussions with Committee Members, Staff Members, and Mr. DeWalt: . The applicant has not provided Staff with documentation satisfying the requirement to have a storage yard within the City. Lt. Rice confirmed the Police Department contacts out-of-town heavy duty wreckers to fill-in as needed. According to Mr. DeWalt, that occurs once or twice a month. . C. PUBLIC COMMENTS Tim De Walt, 400 E. Main, noted the following: . In the past when he did not have a wrecker available when needed, he and the Police Department have contacted Apple Towing as back-up. In order to be considered for a permit, Apple Towing must have access to an impound yard within the City. . D. CLOSE PUBLIC HEARING The Chairman closed the public hearing at 2: 15 p.m. Wrecker Committee Minutes of September 2, 2008 Page 2 of2 <- 4. CONSIDER ACTION TO GRANT OR DENY AN EMERGENCY AUTO WRECKER PERMIT TO RBEX, INC. DBA APPLE TOWING CO., UNDER SECTION 78-297 OF THE LA PORTE CODE OF ORDINANCES. Motion by Martha Gillett to table action for a period of 90 days to allow the applicant an opportunity to provide additional required documentation. Second by Lt. Rice. The motion carried with all in favor. 5. DISCUSS POSSffiLE RATE INCREASE FOR NON-CONSENT TOWING SERVICES AT THE REQUEST OF MR. BOBBY SLOCUM, OF LA PORTE TOWING, AND MR. TIM DEWALT, OF DEWALT TOWING. The Committee discussed a request by Bobby Slocum and Tim DeWalt for a rate increase. The following was noted: · Research performed by Lt. Rice on rates charged by several wrecker associations revealed that La Porte is significantly undercharging. He provided a recommendation on fee increases. · Proposed towing rate increase applies only to non-consent towing and does not apply to consent towing. 6. CONSIDER FORWARDING A RECOMMENDATION TO CITY COUNCIL REGARDING A POSSffiLE RATE INCREASE FOR NON-CONSENT TOWING BY AMENDING THE CODE OF ORDINANCES, APPENDIX A - "FEES." <- Motion by Martha Gillett to forward a recommendation to City Council to increase fees for non- consent towing as follows: . Increase the maximum charge for non-consent tows to $145, omitting additional charges for labor not included in a normal tow. Increase daily vehicle storage fee to $20 for vehicles less than 25 feet in length and $35 for vehicles 25 feet or more in length. Allow an additional $3.50 per mile charge for out of town tow. . . Second by Lt. Rice. The motion carried with all in favor. 7. ADMINISTRATNEREPORTS No administrative reports presented. 8. COMMITTEE COMMENTS No committee comments. 9. ADJOURN The Chairman adjourned the meeting at 2:29 p.m. Prepared by Peggy Lee, Planning Department Office Coordinator Emergency Auto Wrecker Permit Application Charlie Hinds Paint & Body - ,- CHARLIE HINDS PAGE 02 No. 2564 P. 2 04/01/2009 08:50 2814790880 Mar. 31. 2009 4:01PM ~ i' I "",-.. ,'- '1 ! CITY OF LA PORlE !I APPLICATION II (Pee rMn,r pet: 0rdinsDce f05-m~ Eff. 1~1.cS) (vf/ NEW. i AufD Wrcdl;cr AmmalPctmit PmDit~ Fee paid at C:i1y Se:aay'1 Officc~ New.A1J2D Wzeckcr Pcmits:Rry- $1SD..00 lN~.~ ~A.P!'&OVAL 'UQ1JIBDBDO.EE:mstl.ANCE) Qty ~ Office (CSO) ~ ~CID Senic.%s Division (lSD) w1a a.requestiii soI-lII:t~fi:Ir. CSO~'S ISO with ~ }81dJocatiOll (m:nst be wi1biD. cor Qty limits). ISi>ltledoWll!i~ 10 see if yard complies with ~J.~ua~ 8Dd ~cscr~~(m~ CSO~O...m':;n~~ iii .- () RENEWAL ~~ AUlD ~rectt:r ~PcmIit () TCPiriD.l v:1Amma1Pmnit ~~ A_I~: J1r.rVdDdo,: o..-swp-...-.. S!:!!! r..-V""" .. 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LUV~ 4:Urr1YI ~ 'I I I CHARLIE HINDS PAGE 03 NG. 2564 P. 3 .- 'I H ~Pcz:mir PasC 2 (("3 Use Vdlide NrMlnG a Penuit -- (JO f Year MaT:bIModel JI :.. . . :1 :- JfVebi.deisnot :Ilwtbe~ BstvdDclo~6Jmmeandaddte9s: IJ Naide ill Narlil 1'1 ~) !I . . N~ ~ City/StBtelZip l{OTE: Jl6e ~ - . J il ... k oper*thmder1lle termI or a (Glllrlch,. IIDe couqwt1 -T.'--~"'~-"-"''''''~ .JJi . 'I I' I1aeby ~ obey 1m~ rL1hc,City"s mle$ aod~OM,.Ol>fi.~..tWl aud ~ 1Ipp~1~ to DJOtgr~ aDd nnlt.. ,,{,...:.d tbIt u,pan my:i3ilJm) to 90 obey sach laws tbatmy petlDitmay be IWa'bd or l!i"~ widu4noti=.. ; ) n I nDiloo...h...d. III clump fI, ~ffiI:=S orpartD:rs shaD behopudcd 10 1be Ci1J Secid&.~ w.i2:bin 1Bo.(lO) 4vr zdh:r& ~ zmdam:b.D9'w ~ gr~ sbanfndf.v.ldD3U;y fIle~ Ctalif,.D.,s 10 1h=ir ~ tpaI~OU$wJdaiD.sach 1Dnc. The ~ 1D ~ vitIIiD SDCh time arID possess such rp1ifi~" l'eIiui..Q;{ of ~ per90as lIDds' Artic1e Dr, Sectiml 78-297. sball be cause far the ~~ofaIl~heJdby soc:h corpamfionar j.....~d~. 01 ~ i . 1) .Address City/StaklZip 2) Addns Cir;y1SWtlZip . I t.bat a111be:li~ r;nraml!d in this ~r..o.ln ttDe awl correct to 1bc best I, '. il . I. - ---<.::~' ~::..~-:>~/.: -. .. ......... t ::",...:'" ......... ...--_oo-sWoRN AND . ED to before me, the undersigned AJJtMmy. by the above named penon, this ~ -,. I ~ qf Qpn I , ';1-0 0-'1 . III .~~ cr.................r..r..r...r........r.Ar~..r..r~~~~: ~ .~~_) ) S ~ JENNIFER AL~~ANDER ~ ' ~ ~ ~10 oaT"". ,.'LlO, 'T.fi' 0"...... ~ mull . · :-e of'T-. * ,~) 1ft . MY COMM'Ulo,i\)lt~IRB!I 3 ......... MAY 1 e. ~b12 S ~~~"~ In . x ',-; ~~ X i ~ : attadl'Jdby ~ - ~-r'" II __ CaI: .. ~ _--.]I .._ n.... appI.il;adan II - U 1" ."'-. '2\ au,I,A, l"OtpOmh; ~ .., UID Mar 26 09 03:10p Gilliam Insurance ",_'._r_.'-"'-'~~""--"'''''' 11 i ~~ r ~ 12819914904 p.2 ACORD_ CERTIFICAT INSURANCE DATE;MM1D~fYYYY\ THIS CERTIFICATE IS lSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. PRODUCER ,- :aL'IAH 'INSURANCE AGENCY 6021 B Fairmont Pkwy By Pasadena, TX 77505 281 991-4900 INSURED Charlie Ri.nds DBA: Charlie Binds Paint & Body 4421 Red Bluff ad Pasadena, TX 77503 INSURERS AFFORDING COVERAGE INSURER A: Texas Count Mutual INSURER B: Truck Insurance Exchan e INSURER c: INSURER D: INSURER E: NAlC# COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INOICATED. NOTWITHSTANDING PH'( REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR M~ Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~: NsRD POUCY NUMBER ~~Y EFFECTlIIE LIMITS B 604710525 EACH OCCURRENCE S 2 000 000 $ 100 000 MED EX? (Anyone person) $ 5 000 02/05/09 02/05/10 PERSONAL & I>DV INJURY $ 1 000 OOOi GENERAL AGGREGATE $ 4 000 000 PRODUCTS-COM~OPAGG $ 1 000 000 COMBINED SINGLE LIMIT S 1,000,000. lEa acddent) BODILY IIIlJURY $ {Per person 1 02/05/09 02/01/10 BODILY INJURY S (Per accident) PROPERTY DAMAGE $ 1,000,000 (Peraccidenl) AUTO ONLY - EA ACCIDENT S 500 000 OTHERll-tAN EAACC $ AUTDONL Y: AGG $ EACH OCCURRENCE $ AGGREGATE $ S $ $ f6~lfrJ,'ts I OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA B..lPLOYE S E.L. DISEASE - POLICY LIMIT S 02/05/09 02/05/10 50K per unit X COMMERCIAL GENERAL LIABILITY aAlMSMADE [i] OCCUR B 604710525 LOC ANY AUTO ALl OWNED AUTOS X SCHEDULED AUTOS HIRED AUTOS NON.oWNED AUTOS 604710524 GARAGE LIABILITY DEDUCTIBLE RETENrION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY M!Y PROPRIETORIPARTNEHT:.XECUTh!E OffICERlMEMBER EXCLU~EO? If yt!s, describe under SPECIAL PROVISIONS below I OTHER B:Cargo 603993230 DESCRIPTION OF OPERATIOt.:s I LOeA nONS I VEHICLES I EXCLUSIONS AOOED BY ENDORS::M::N I I SPECL"L PROVISIONS Coverage applies to scheduled vehicles owned by Charlie Hinds, DBA: Charlie Hinds Paint & Body 2008 CHEVROLET C3500 - VIN# 2005 CHEVROLET C3500 - VIN# 1998 NISSAN FLATBED - VI CERT[FICATE HOLDER ,- CITY OF LaPorte 604 Fairmout Parkway LaPorte, TX 77571 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAt~caLED BEFORE THE EXPIRATION DATE THERi:OF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL~ DAYS WRITT::N NOTICE TO THE CERTIFICATE HOLDER NAM::O TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION DR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR I ACORD 25 (20G1 f08) c ACORD CORPORATION 1938 ~- STORAGE LOT LEASE Date: J!-~ , 2009 Landlord: DE WALT'S TOWING, L.L.C., a Texas limited liability company Landlord's Address: DE W AL TIS TOWING, L.L.C. 400 East Main LaPorte, Texas 77571 Tenant: CHARLIE HINDS PAINT & BODY, a Texas corporation Tenant's Address: f""-'" CHARLIE HINDS PAINT & BODY 4421 Red Bluff Pasadena, Texas 77503 Premises The non-exclusive right to store vehicles at the leased premises below. Street address/suite: 400 East Main City, state, zip: LaPorte, Texas 77571 Term (months): 60 months Commencement Date: April 1, 2009 Termination Date: March 31, 2014 Base Rent (monthly): $10.00 and other valuable consideration Security Deposit: -0- Permitted Use: Storage of vehicles towed by tenant from City of LaPorte and other cities 1 .- Definitions "Essential Services" means utility connections reasonably necessary for occupancy of the Premises for the Permitted Use. "Injury" means (a) harm to or impairment or loss of property or its use, (b) harm to or death of a person, or (c) "personal and advertising injury" as defined in the form of liability insurance Tenant is required to maintain. "Landlord" means Landlord and its agents, employees, invitees, licensees, or visitors. "Lienholder" means the holder of a deed of trust covering the Premises. "Rent" means Base Rent plus any other amounts of money payable by Tenant to Landlord. "Tenant" means Tenant and its agents, contractors, employees, invitees, licensees, or visitors. Clauses and Covenants A. Tenant agrees to - 1. Lease the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date. 2. Accept the Premises in their present condition "AS IS," the Premises being currently suitable for the Permitted Use. 3. Obey (a) all applicable laws relating to the use, condition, and occupancy of the Premises and Building and (b) any requirements imposed by utility companies serving or insurance companies covering the Premises. 4. Pay monthly, in advance, on the ftrst day of the month, the Base Rent to Landlord at Landlord's Address. 5. Pay a late charge of 5 percent of any Rent not received by Landlord by the tenth day after it is due. 6. Landlord. Obtain and pay for all utility servIces used by Tenant and not provided by 2 - 7. Allow Landlord to enter the Premises to perform Landlord's obligations, inspect the Premises, and show the Premises to prospective purchasers or tenants. 8. Submit in writing to Landlord any request for repairs, replacement, and maintenance that are the obligations of Landlord. 9. Vacate the Premises on the last day of the Term. 10. INDEMNIFY, DEFEND, AND HOLD LANDLORD AND LIENHOLDER HARMLESS FROM ANY INJURY (AND ANY RESULTING OR RELATED CLAIM, ACTION, LOSS, LIABILITY, OR REASONABLE EXPENSE, INCLUDING ATTORNEY'S FEES AND OTHER FEES AND COURT AND OTHER COSTS) OCCURRING IN ANY PORTION OF THE PREMISES. THE INDEMNITY CONTAINED IN TillS PARAGRAPH (a) IS INDEPENDENT OF TENANT'S INSURANCE, (b) WILL NOT BE LIMITED BY COMPARATIVE NEGLIGENCE STATUTES OR DAMAGES PAID UNDER THE WORKERS' COMPENSATION ACT OR SIMILAR EMPLOYEE BENEFIT ACTS, (c) WILL SURVIVE THE END OF THE TERM, AND (d) WILL APPLY EVEN IF AN INJURY IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF LANDLORD BUT WILL NOT APPLY TO THE EXTENT AN INJURY IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF LANDLORD. - B. Tenant agrees not to- 1. Use the Premises for any purpose other than the Permitted Use. 2. Create a nuisance. 3. Permit any waste. 4. Use the Premises in any way that would increase insurance premiums or void insurance on the Premises. 5. Change Landlord's lock system. 6. Alter the Premises. 7. Allow a lien to be placed on the Premises. 8. Assign this lease or sublease any portion of the Premises without Landlord's written consent. 3 ,- ,- C. Landlord agrees to - 1. Lease to Tenant the Premises for the entire Term beginning on the Commencement Date and ending on the Termination Date. 2. Provide the Essential Services. D. Landlord agrees not to - 1. default. Interfere with Tenant's possession of the Premises as long as Tenant is not in E. Landlord and Tenant agree to the following: 1. Release of Claims/Subrogation. LANDLORD AND TENANT RELEASE EACH OTHER AND LIENHOLDER FROM ALL CLAIMS OR LIABILITIES FOR DAMAGE TO THE PREMISES, DAMAGE TO OR LOSS OF PERSONAL PROPERTY WITHIN THE PREMISES, AND LOSS OF BUSINESS OR REVENUES THAT ARE COVERED BY THE RELEASING PARTY'S PROPERTY INSURANCE OR THAT WOULD HAVE BEEN COVERED BY THE REQUIRED INSURANCE IF THE PARTY FAILS TO MAINTAIN THE PROPERTY COVERAGES REQUIRED BY THIS LEASE. THE PARTY INCURRING THE DAMAGE OR LOSS WILL BE RESPONSIBLE FOR ANY DEDUCTIBLE OR SELF-INSURED RETENTION UNDER ITS PROPERTY INSURANCE. LANDLORD AND TENANT WILL NOTIFY THE ISSUING PROPERTY INSURANCE COMPANIES OF THE RELEASE SET FORTH IN THIS PARAGRAPH AND WILL HAVE THE PROPERTY INSURANCE POLICIES ENDORSED, IF NECESSARY, TO PREVENT INVALIDATION OF COVERAGE. THIS RELEASE WILL NOT APPLY IF IT INVALIDATES THE PROPERTY INSURANCE COVERAGE OF THE RELEASING PARTY. THE RELEASE IN THIS PARAGRAPH WILL APPLY EVEN IF THE DAMAGE OR LOSS IS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OR STRICT LIABILITY OF THE RELEASED PARTY BUT WILL NOT APPLY TO THE EXTENT THE DAMAGE OR LOSS IS CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTY. 2. Condemnation/Substantial or Partial Taking a. If the Premises cannot be used for the purposes contemplated by this lease because of condemnation or purchase in lieu of condemnation, this lease will terminate. 4 - 10. Attorney's Fees. If either party retains an attorney to enforce this lease, the party prevailing in litigation is entitled to recover reasonable attorney's fees and other fees and court and other costs. 11. Venue. Exclusive venue is in the county in which the Premises are located. 12. Entire Agreement. This lease is the entire agreement of the parties, and there are no oral representations, warranties, agreements, or promises pertaining to this lease or to any expressly mentioned exhibits and riders not incorporated in writing in this lease. 13. Amendment of Lease. This lease may be amended only by an instrument in writing signed by Landlord and Tenant. 14. Limitation of Warranties. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR OF ANY OTHER KIND ARISING OUT OF TIllS LEASE, AND THERE ARE NO WARRANTIES THAT EXTEND BEYOND rnOSE EXPRESSLY STATED IN TIllS LEASE. 15. Notices. Any notice required or permitted under this lease must be in writing. Any notice required by this lease will be deemed to be delivered (whether actually received or not) when deposited with the United States Postal Service, postage prepaid, certified mail, return receipt requested, and addressed to the intended recipient at the address shown in this lease. Notice may also be given by regular mail, personal delivery, courier delivery, facsimile transmission, or other commercially reasonable means and will be effective when actually received. Any address for notice may be changed by written notice delivered as provided herein. 16. Abandoned Property. Landlord may retain, destroy, or dispose of any property left on the Premises at the end of the Term. DE WALT'S TOWING, L.L.c., a Texas limited liability company ~~~~ TIM DE WALT, President CHARLIE HINDS PAINT & BODY, a Texas CO~mti~ ~S C. HINDS, President 6 b. If there is a condemnation or purchase in lieu of condemnation and this lease is not terminated, Landlord will, at Landlord's expense, restore the Premises, and the Rent payable during the unexpired portion of the Term will be adjusted as may be fair and reasonable. c. Tenant will have no claim to the condemnation award or proceeds in lieu of condemnation. 3. Default by Landlord/Events. Defaults by Landlord are failing to comply with any provision of this lease within thirty days after written notice and failing to provide Essential Services to Tenant within ten days after written notice. 4. Default by LandlordlTenant's Remedies. Tenant's remedies for Landlord's default are to sue for damages and, if Landlord does not provide an Essential Service for thirty days after default, terminate this lease. 5. Default by Tenant/Events. Defaults by Tenant are (a) failing to pay timely Rent, (b) abandoning or vacating a substantial portion of the Premises, and ( c) failing to comply within ten days after written notice with any provision of this lease other than the defaults set forth in (a) and (b) above. 6. Default by Tenant/Landlord's Remedies. Landlord's remedies for Tenant's default are to (a) enter and take possession of the Premises, after which Landlord may relet the Premises on behalf of Tenant and receive the rent directly by reason of the reletting, and Tenant agrees to reimburse Landlord for any expenditures made in order to relet; (b) enter the Premises and perform Tenant's obligations; and (c) terminate this lease by written notice and sue for damages. Landlord may enter and take possession of the Premises by self-help, by picking or changing locks if necessary, and may lock out Tenant or any other person who may be occupying the Premises, until the default is cured, without being liable for damages. 7. Default/Waiver/Mitigation. It is not a waiver of default if the nondefaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this lease does not preclude pursuit of other remedies in this lease or provided by applicable law. Landlord and Tenant have a duty to mitigate damages. 8. Holdover. If Tenant does not vacate the Premises following termination of this lease, Tenant will become a tenant at will and must vacate the Premises on receipt of notice from Landlord. No holding over by Tenant, whether with or without the consent of Landlord, will extend the Term. 9. Alternative Dispute Resolution. Landlord and Tenant agree to mediate in good faith before filing a suit for damages. 5