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Home My WebLink About15668 ORD - 07/30/1980• jkh:7-29-80; 1st AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH AYERS WRECKER COMPANY, INC., TO PROVIDE FOR THE TERMINATION OF THE CURRENT CAR POUND CONTRACT ENTERED ON FEBRUARY 19, 1979, FOR A PERIOD OF THREE YEARS; THE ASSUMPTION OF ALL CAR POUND OPERATIONS BY THE CITY ON A TEMPORARY BASIS; AND THE PAYMENT OF AMOUNTS OWED TO THE CITY BY AYERS WRECKER COMPANY, INC., ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: • SECTION 1. That the City Manager be authorized to enter into an agreement with Ayers Wrecker Company, Inc., to provide for the termination of the current Car Pound Contract entered on February 19, 1979, for a period of three years; the assumption of all car pound operations by the City on a temporary basis; and the .payment of amounts owed to the City by Ayers Wrecker Company, Inc., all as more fully set forth in the agreement, a substantial copy of which is attached hereto and made a part hereof, marked Exhibit "A". SECTION 2. The necessity to execute the agreement aforesaid at the earliest practicable date creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor,having declared that such emergency and necessity exist, having requested the suspension of the Charter rule and that this Ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this they of July, 1980. ATTEST: C ty Secretary APPROVED: 29th DAY OF JULY, 1980: J. BRUCE YCITY ATTORNEY tant City ttorney MAY 1 THE AlOrY OF CORPUS CHRISTI, TEXAS MICROFILMED 15668 AUG 2 9 J980 AGREEMENT The City of Corpus Christi, Texas, (''City"), and Ayers Wrecker Company, Inc., ("Ayers"), agree as follows: Ayers will withdraw, effective as of 5:00 p.m., July 31, 1980, as Contractor under the Agreement for car pound and wrecker services with City dated February 16, 1979, and releases City from any and all liability arising from said agreement. II . Ayers will release custody and control of the Police Car Pound (Massey Street Pound) and the Abandoned Car Pound (Ayers Street Pound), and vehicles stored therein, to the City at 5:00 p.m., July 31, 1980. Regarding the abandoned car pound, Ayers agrees to assign any and all rights under its present lease of the fenced area to City and not interfere with City's use of the premises after the above time; provided, that, the security fence located at the Abandoned Car Pound will continue to be the property of Ayers. Ayers grants to City the right to use the security fence, and use its own locks on the gate to said fence, until October 1, 1980, at which time City may purchase said fence from Ayers at its negotiated fair market value or relinquish any and all rights to same to Ayers. II1. City will pay $5,000 to Ayers to continue operations as Contractor under the above-mentioned Agreement for car pound and wrecker services until 5:00 p.m., July 31, 1980. Ayers agrees to,continue full service of operations as Contractor until 5:00 p.m., July 31, 1980. IV. City will conduct a full inventory of all vehicles stored on both pounds as of 5:00 p.m., July 31, 1980. City has the right to enter the premises at both pounds at any time before July 31, 1980, to begin inventory and monitor all vehicles moving in and out. V. City will hold an auction at the earliest possible date for all vehicles available for auction as of 5:00 p.m., July 31, 1980. City will conduct the auction • • and retain one half of the gross proceeds. The remainder of the proceeds will be held in escrow for Ayers for a period of sixty days, after which time the remaining amount will be credited to Ayers. - VI Towing and storage charges under the above-mentioned Agreement will be calculated as to all remaining vehicles inventoried as of July 31, 1980, and credited to Ayers' account. VII City will credit the remaining $5,366.08 of the June billing to the account of Ayers. VIII Ayers will submit final billing for July services, less 36% to the City, and the remainder shall be credited to the Ayers account. IX ksrs Tire service billing and all other items payable to 3me tabulated up the period of July 31, 1980 shall be credited to the Ayers account. X The present bill of $24,416.34 is determined by City to be the amount owed by Ayers to City for auction receipts. Amounts credited to Ayers as provided above, including any amounts remaining in the escrow account, will go to discharge this debt; provided that, the amount of $2,800 in past due rentals owed Mr. William J. Kabboord will be discharged from the above amount credited to Ayers' account. Any amounts remaining after all the above items have been paid will be forwarded to Ayers within five days of the final auction; provided that the amount of auction proceeds held in escrow under paragraph V above will be held sixty days as provided. XI City will release Ayers from any and all liability on the above mentioned agreement, dated February 19, 1979. Date: ATTEST: CITY OF CORPUS CHRISTI City Secretary R. Marvin Townsend, City Manager APPROVED: DAY OF , 1980: J. BRUCE AYCOCK, CITY ATTORNEY By Assistant City Attorney AYERS WRECKER COMPANY Joe Garcia, President Corpus Christi, Texas ay of , 19ED TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally,on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CI OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky The above ordinance was passed Luther Jones Edward L. Sample Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky by the following vote: 15668 THE STATE OF TEXAS ➢ COUNTY OF NUECES RELEASE KNOW ALL MEM BY THESE PRESENTS: I, R. Marvin Townsend, City Manager of the City of Corpus Christi, Texas, (hereinafter "City"), duly authorized to execute this release required by the terms of the termination agreement of July 31, 1980, incorporated in ordinance no. 15668 passed by the City Council on July 30, 1980, agree to and acknowledge the following: For and in consideration of the execution of a release of all claims by Ayers Wrecker Company, Inc., in favor of the City, the City releases and forever discharges Ayers Wrecker Company, Inc., its officers and employees, from any and all claims and causes of action arising out of any matter pertaining to the car pound and wrecker services contract of February 16, 1979, and the subsequent termination agreement of July 31, 1980. The City expressly reserves, however, any and all rights it may legally be entitled to have for contribution or indemnity from Ayers for claims presented by third parties against the City due to or arising from the operations of Ayers under the contract for car pound and wrecker services dated February 16, 1979. 411 Executed this '0 day of December, 1980. APPROVED: I( day of December, 1980. J. BRUCE AYCOCK, CITY ATTORNEY By: ATT" ST: istant City Attorney CITY OF CORPUS CHRISTI, TEXAS at y: R. arvin Towns d, Its City Manager