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WRECKER PROGRAM (POLICE DEPT.) (12) . -~.:t-- ~ ill . !lRWATER POLICE DEPARnJPJ. ROTATION WRECKRR PROGRAM APPLICATION . '" SECTION I (BUSINESS INFORMATION) NAME OF BUSINESS ADDRESS OF BUSINESS ADDRESS OF BUSINESS PHONE NUMBER OF BUSINESS PRIMARY INSURANCE CARRIER LOCATION OF STORAGE LOT w ~ \ \?ER. -FD f<-.:D l~'5as(P 0,<2>, let N. L \ E::P\ R.u.JI=f"\ER- -R A 34 fo 5 ~s- -3<:073 L44( -'54% ~ Cl~'W'l-J ~~;Dl0~L GUA l~f:3..- ~0C?-D DD~ 'ShOP ) SECTION II (PERSONAL INFORMATION) NAME OF OWNER ADDRESS OF OWNER ADDRESS OF OWNER TELEPHONE NUMBER DATE OF BIRTH SOCIAL SECURITY NUMBER /t4Nk. ,4. aLk/i./L lJb.) U^-J~/t-t/~"7VN ;c..4Q C LJC,tJI('J'lfr"c1.. / c JVf, l.!- / 'l-/7,rY cr-- 9', c.; 6 ~~7-7 -J SECTION ill (DRIVER INFORMATION) PLEASE LIST ALL DRIVERS OF YOUR WRECKERS AS WELL AS THEIR DRIVER LICENSE NUMBER'S AND SOCIAL SECURITY NUMBER. 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(ff) ~ ," 1 I CLEARWATER POLICE DEPARTMENT STANDARD OPERATING PROCEDURES ROTATION WRECKER SERVICE REGULATIONS I. The Clearwater Police Department recognizes the need to assist users of our streets and highways by providing a rotation wrecker service to motorists in time of need. It is the intent of the Department to provide and maintain a list of qualified, reputable wrecker operators with proper equipment to remove or service wrecked and/or disabled motor vehicles. The Department wishes to maintain the best control over and supervision of the towing, storage, and disposition of the vehicles towed and stored as a result of a call from the Police Department. Quick response to and jurisdiction over matters of vehicle possession, citizen/company disputes, criminal theft, and damage incidents, will remain with the Clearwater Police Department. This system shall be used in the event the owner or operator of the motor vehicle is incapacitated, unavailable, or leaves the procurement of wrecker services to the discretion of the Clearwater Police Department Officer at the scene. This system does not apply when the vehicle owner or operator requests to use a specific wrecker operator. Such a request will be honored without regard to the Rotation Wrecker Service Regulations (Here-in-after known as .These Regulations., unless there will be an unreasonable delay creating a traffic problem. . Vehicles picked up by a wrecker service on the rotation list are to be stored as set forth in these regulations and are to be easily accessible for release to the owner at all reasonable times. When the rotation list is used, the wrecker companies are to adhere strictly to these regulations. The Chief of Police (or his designee) reserves the right to refuse placement on the rotation list or to remove from the rotation list any wrecker company at any time for any reason set forth in these regulations. No wrecker service is entitled to be on or remain on the rotation list. Any such company may be rejected or removed from the list without cause. n. DEFINITIONS A. The Department - The Clearwater Police Department B. Operator/Company - The individual, partnership, corporation or business entity, and the driver or employee of same, engaged for hire in the recovery, service, towing and/or removal of wrecked or disabled motor vehicles. I . " I I C. Tow Tnlck, Wrecker, or Recovery Vehicles. Any motor vehicle equipped with booms, winches, whee1lift apparatus, or similar equipment designed (or recovery and towing or vehicles, trailers, motor homes, and other objects which cannot operate under their own power or for some other reason must be transported in the tow and control of another vehicle. D. Car Carrier. Any other motor vehicle equipped with a winch and hydraulically operated bed which slides and tilts to accommodate loading, and is designed for towing and/or transporting of vehicles, trailers, motor homes, and other objects which cannot operate under their own power or for some other reason must be transported in the tow, carriage and control of another vehicle. E. Impound Lot, or Storage Lot . Any real property owned or leased by the Company which is located within the corporate limits of the City of Clearwater, that complies with all other lot requirements as described herein. m. ELIGIBILITY A. The Company's business office and impound/storage lot must be located within the corporate limits of the City of Clearwater or the unincorporated areas of Pinellas County surrounded by the city limits of Clearwater. B. The Company's business office shall be staffed during all regular business hours (8:00 a.m. to 5:00 p.m. Monday through Friday, except holidays). The office must be equipped with a business phone. The operator must be able to inspect and/or collect information about the vehicles upon request of the Police Department, either in person or by phone. C. To be eligible to be on the rotation list, an operator must be able to respond to and arrive at the requested scene within thirty (30) minutes, after being contacted by the department. D. The Company shall secure, at its expense, all licenses and permits and shall comply with all applicable laws, regulations, and codes as required by the State of Florida, Pinellas County, and/or the City of Clearwater. E. Wrecker operators when responding to e<Jls for service shall provide the owner/driver of the vehicle they are towing with a rate card. The rate card shall clearly indicate all the rates the wrecker company charges, in compliance with this standard operating procedure. If the owner/driver is unavailable, e.g. at the hospital, the wrecker operator shall provide the card at the time the vehicle is picked up. 2 . Ii IV. THE ROTATION SYSTEM A. Wrecker companies will first make application to be placed on the rotation list on the form required by the Department. I (The companies presently in the City and presently on the rotation list will have to reapply prior to the implementation date of this document.) B. All equipment to be used in conjunction 'fith the Rotation System must be in good working order at all times; and opeIj3ted in a proper and safe manner. All wreckers will be inspected by the designee of the Chief of Police to be in proper working condition, and contain alII required equipment. The driving and operating abilities of the wrecker drivlers will be the responsibility of the company they work for, and the City will not test, license, or assume any responsibility for the drivers or the comMOY for which they work. Wrecker operators will be called in suJsion from the top of the rotation list. Following each call the operator will be r~tated to the bottom of the list, except as provided herein. The operator ~ill respond to the call with a tow truck classified to meet or exceed the size of the vehicle to be towed. C. D. The wrecker operator may not assign, sfer, pledge, surrender or otherwise encumber or dispose of his approval unde these regulations or his place on the rotation list. E. An operator that is on the rotation list, responding at an owners request, will not be rotated and such operators will maintain their place on the list. The Department may cancel a request for Lees of a participating wrecker operator at any time. In the event of cancellation or response without rendering service, the operator will not be rotated but will maintain his place on the list. F. G. Wrecker operators will be listed only once on the rotation list regardless of the number of wreckers maintained by the operator and only in the name under which they are qualified under these regulations and are conducting business in this state. It is prohibited for a wrecker operator conducting business at one location to receive multiple listings by utilizing a different or fictitious name for trucks operating out of the same location or by utilizing the same named trucks out of different locations. If an operator has more than one business with one of the businesses located within the prescribed area, that business must have an operating office, trucks, and equipment dedicated to that business alone and not part of the dedicated equipment of the other facility. This equipment will respond to Clearwater calls on a "First Priority" basis. An after hours (On-Call) wrecker will not be shared with another facility. 3 . I I I H. Wrecker operators shall only respond to accidents or remove vehicles involved in an accident within the department's jurisdiction pursuant to a call from the Departm'ent as set forth in these rules. In the event of a call to a wrecker company by someone other than a law enforcement agency for services at an accident, crime, or impound scene, such operator will first clear the call through the department before proceeding to the scene. If an operator receives some other type of call for service, but arrives to find it to be an accident, crime, or impound scene; the operator/driver will cause a call to be placed to the Department so that, at the department's discretion, an officer can be dispatched to that scene before any vehicle is moved, removed, or otherwise disturbed . 1. Wrecker operators shall have at least one day and one night telephone number. Answering machines, or beepers will not be pennitted. The wrecker operator will notify the Police Communications Center at the time the call is received whether or not he will respond. If the operator indicates that he will not respond, the Company will be rotated to the bottom of the list. The wrecker operator will notify the Department immediately of any change of the telephone number provided in the operator's application. J. Wrecker operators shall be on-call twenty-four (24) hours a day, seven (7) days a week. K. The Department, at its discretion, may call specialized recovery equipment on a nearest available basis, in the event of specialized recovery requirements not otherwise met by the wrecker operators at the top of the rotation list. Special wrecker needs will not affect the rotation order. A wrecker called to satisfy a special need will not lose position on the rotation list. L. For multiple car accidents involving multiple disabled vehicles, the wrecker operator subject to the call from the rotation list will be advised by the Police Communications Operator of the number of tow trucks needed to separately remove each vehicle. The wrecker operator will be given the option of removing all of the vehicles to be removed if the operator maintains the number of tow trucks to accomplish removal. Only Clearwater dedicated trucks can respond to rotation calls; other trucks from other jurisdictions cannot be used. If the operator lacks the capacity to handle all the removals, he shall nevertheless be called to remove the vehicles he can handle, and additional operators will be called as needed from the rotation list. If the first listed wrecker does not arrive on the scene within reasonable time, the investigating officer will assign vehicles to available operators. The first wrecker on the scene may be required to move vehicles from the roadway, and such movement will not affect the choice of wrecker vehicles. 4 I I M. Wrecker logs will be maintained by the Department. Copies of these logs will be available to companies upon request within a reasonable time and (or the Department's normal copy or reproduction (ee. The company shall keep records of towing and storage sufficient to fulfill the obligations of these rules and regulation and all applicable laws. Such records shall be available (or inspection by the Department during normal business hours. N. If an operator does not or cannot respond to a call, or is canceled because of a violation of any of these rules, the operator shall be rotated to the bottom of the list. O. The Police Support Services Division will investigate all complaints against a wrecker operator. P. Complaints concerning wrecker operators must be filed in writing and submitted to: Clearwater Police Department, Support Services Division, 644 Pierce St., Clearwater, Florida, 34616, Attention - Rotation Wrecker Program. This section is not intended to limit the powers of the Chief of Police or his designee to remove a wrecker operator from the rotation list with or without cause as provided herein. These regulations may be amended at any time by a written notice sent by the Chief of Police or his designee, either by first class mail or by using personal delivery to the business address of each wrecker operator on the rotation list as set forth in their applications. V. RESPONSE TO CALLS A. The wrecker operator shall respond and arrive on-scene to all requests for service made through the Department within thirty (30) minutes under typical conditions and circumstances. If response cannot be made within the specified time, the wrecker operator shall notify the Police Communications Center of the estimated time of the delay and the reasons for the delay. The Police Communications Operator then may cancel the request for service and use the services of another participating operator. The initial operator shall be rotated to the bottom of the rotation list. B. Unless authorized by the Department, flashing amber lights shall not be used while responding to a call. Flashing amber lights shall be used at the scene in accordance with F.S. f 316.2397 (3). When a vehicle is released at the scene by the investigating officer, the wrecker operator shall tow the vehicle to any location requested by the owner. C. Any auxiliary service, such as the use of the dolly, dropping and hooking up linkage, are to be performed only if required and appropriate. 5 I I D. No additional fee may be charged for using .State of the Art. equipment. E. The motor vehicle owner or operator is responsible for payment of charges imposed by the wrecker company. Neither the Department nor the City will be responsible for the payment of any charges for the towing or storage of vehicles not owned by the Department or City. F. A wrecker operator called to the scene of any accident or other call for service, shall be under the jurisdiction and supervision of the Police Officer on the scene. The wrecker operator shall clean up all debris from the street which was caused by the accident at no cost (Required by Florida Statutes 316.2044(2). No officer shall require any wrecker operator to repair any vehicle, other than moving it out of the flow of traffic. No officer shall require an operator to perform a service free of charge. If the responding wrecker operator performs a service under the terms of these regulations, that operator may charge no more than the maximum fees listed in the attached fee schedule. G. The wrecker operator will forfeit a call if the wrecker operator, driver, employee, or agents respond to a call in such a condition that an officer on the scene reasonably believes that he/she is incapable of safely removing the vehicle. Such condition shall include, but shall not be limited to, impairment due to consumption of alcohol or any chemical substance or controlled substance. H. The company agrees that all equipment required to properly perform under these regulations, as well as necessary operator/drivers to operate the equipment will be available to the Department on a priority twenty-four (24) hour, seven (7) day a week basis at the time they are called to respond. The company also agrees that all equipment and operator/drivers will be available to the City of Clearwater on a priority basis in the event that the City Manager declares an emergency status as a result of natural forces, civil disturbances, or related situations. ( VI. WRECKER CLASSIFICATIONS AND REQUIRED EQUIPMENT A. Each tow truck owned or maintained by a wrecker operator shall be commercially manufactured and shall conform to the requirements set out herein. The requirements for commercial manufacture of trucks and equipment is waived for those operators who have been on the departments rotation list prior to the effective date of this procedure. The wrecker and equipment shall be operable. 6 I I B. A wrecker service shall rul out and return the attached application (orm and wrecker survey sheet and tow trucks and equipment shall be inspected by the department before being placed on the rotation list. Thereafter, they shall be subject to periodic checks. C. A wrecker operator must have a minimum of two (2) Class A wreckers with specifications and equipment are as follows: 1. A truck chassis with a manufacturer's rated capacity of at least 10,000 pounds gross vehicle weight. A complete, commercially manufactured crane and winch having a manufacturer's rating of at least 4+ tons must be mounted on the chassis. Hand crank winches do not satisfy these requirements and will not be approved. 2. A minimum of one hundred feet of 3/8. cable. 3. Cradle or tow plate or tow sling to pick up vehicles. The cradle or tow plate is to be equipped with safety chains and so constructed that no further damage will occur when picking up vehicles. 4. Dual rear wheels. 5. Vehicles which are equipped with wheel lifts or equivalent may also qualify as Class A tow trucks so long as all other applicable requirements are met. D. In addition, operators who wish to remove cars and light trucks may have a roll-back or slide-back carrier with specifications and equipment as follows. These are trucks which are used to pick up burned vehicles, sports vehicles (to prevent damage to plastic front ends), small trailers, and boats and to transport cargo from an accident scene. One roll-back truck can be substituted for one of the required Class A wreckers if it meets the following specifications: 1. A minimum of one-tone truck with a sixteen-foot bed, dual wheels and one winch with an 8,000 pound capacity. 2. A minimum of 50 feet of 3/8. cable. 3. A brake lock device. 4. A minimum of two safety tie down chains twenty feet in length. 5. Two spot (flood) lights mounted on the rear. 7 . . . I I E. Class Band C wreckers are not required; however, if they are to be used in conjunction with the Clearwater Police Department rotation system, the}' must meet the following requirements and the wrecker operators on the list must inform the Police Department if they maintain Class B or C wreckers: Specifications and equipment for Class B wreckers (for removal of one and two-ton trucks): 1. A truck chassis with a manufacturer's rated capacity of at least 15,000 pounds gross vehicle weight. A complete, twin-winch,.commercially manufactured crane and a winch having a manufacturer's rating of at least 8+ ton capacity mounted on the chassis. 2. A minimum of one hundred feet of at least Ih. cable on each drum. . 3. A cradle or tow plate or tow sling to pick up vehicles. The cradle or tow plate or tow sling is to be equipped with safety chains and so constructed that no further damage will occur when picking up vehicles. 4. Dual rear wheels. F. Specifications and equipment for Class C wreckers (for removal of semi- trucks, house trailers and buses): 1. A truck chassis with a manufacturer's rated capacity of at least 25,000 pounds gross vehicle weight and 50,000 pounds gross vehicle weight for tandem axle trucks. A complete, twin-winch, commercially manufactured crane and a winch having a manufacturer's rating of at least 25 + ton capacity mounted on the chassis. 2. A minimum of two hundred feet of at least 5/8. cable on each drum. 3. Air brakes so constructed as to lock the rear wheels automatically upon failure and to supply air to disabled vehicles. 4. A cradle or tow plate or tow sling to pick up vehicles. TIle cradle or tow plate is to be equipped with safety chain and so constructed that no further damage will occur when picking up vehicles. 5. Dual rear wheels. G. Required specifications and equipment for all wreckers include: 1. Sirens on wreckers are prohibited. 8 . . I I 2. The name, address and telephone number or the wrecker operator must be professionally lettered and painted in a ('onspicuous place on both sides of the truck as required by F.S.S. 713.78(7). The name must be in letters at least three inches high and the address and telephone number shall be at least one inch high. Magnetic or removable signs or placards shall not meet this requirement. 3. The wrecker operator shall have nothing on vehicles, buildings or correspondence that implies any official relationship between the wrecker operator and the department or any other police agency. 4. Wreckers shall be properly equipped with clearance and marker lights and all other equipment as required by the Florida Statutes. 5. There shall be a rotor beam or strobe-type light, amber in color mounted on the wrecker in such a manner that it can be seen from the front, rear and both sides. 6. Dollies, except Class Band C and roll-back carriers. 7. At least one heavy duty push broom with a minimum width of twenty- four inches. 8. Flood lights on the hoist. 9. One square shovel. 10. One crowbar or pry bar with a minimum length of 30 inches. 11. Minimum of one 5 pound C~ or dry chemical fue extinguisher or its equivalent. 12. One pair of bolt cutters with a minimum 1h" opening. 13. One set of jumper cables. 14. One four-way lug wrench. 15. One flashlight. 16. One snatch block for each winch, manufacturer's rating to match winch, except roll-back carrier. 9 . . I I 17. One set of scotch blocks for wheels or hydraulic rear extendable scotch blocks (Class B and C trucks only). 18. External air hook-up and hoses (Class C trucks only). 19. Extra towing chain - six to eight feet with hooks. 20. Fifty pounds of sand or suitable equivalent. 21. One axe with standard handle. 22. One set of tools for opening locked vehicles. 23. It is prohibited for a tow truck or the business establishment maintained by the wrecker operator to have any equipment capable of monitoring radio messages or signals or frequencies assigned to the department as provided in F.S.S. 843.16. 24. All trucks operated pursuant to this procedure shall be equipped with a business type communication radio or Cellular Telephone, licensed and approved by the Federal Communications Commission. The mobile radio or telephone shall enable the wrecker operator to communicate with his area of operations from any point within the assigned zone. A citizens band radio does not meet the requirements of this section. VII. STORAGE LOT A. The Storage lot will be located within the limits as set forth in ill (A). B. The company shall submit proof of ownership and/or valid lease agreements for the property for a period of not less than one (1) year. Renewallease agreements must be submitted thirty (30) days prior to the expiration of the old lease agreement. Proof of Garage Owners liability insurance covering the storage lot must also be presented. C. The company will post in a conspicuous place and in an easy to read size and form, the towing and storage rates at the Storage lot and make these rates available at the scene in a form acceptable to the Department. VIII. WRECKER OPERATOR REQUIREMENTS A. All wrecker drivers are required to have a valid Florida Chauffeurs or Commercial Drivers License in their possession. 10 " I I B. Wrecker operators and their drivers are required to comply and be familiar with the Florida Uniform Traffic Control Law, Chapter 316, Florida Statutes. C. Wrecker operators properly at the scene of an accident shall remove only the vehicle involved at the direction of the investigating officer. D. Wrecker operators shall sweep glass from the roadway and remove all debris or hazards from the scene as required by F.S.S. 316.2044(2). E. The wrecker driver shall be thoroughly familiar with the operation of the wrecker he is operating. The wrecker operator is responsible for any damage to a vehicle caused by the wrecker operator. F. The wrecker operator is responsible for any damage to a vehicle, and any other property damage and any personal injury caused by the wrecker operator. G. The company agrees to indemnify and save the City and all officers and employees of the City harmless from any and all damages, loss or liability, including attorneys fees and cost; occurring by reason of any injury to person or property occasioned by any act or omission, neglect or wrongdoing of the company or any of its officer, agents, representatives, guests, employees, invitee, or persons contracting with the company. The company will, at its own cost and expense, defend and protect the City against any an all such claims or demands which may be claimed to have arisen as a result of, or in connection with, the performance of this agreement. The City shall not be liable to the company for any towing, recovery, or storage charges made to any vehicle owner or such owners agent. H. The wrecker company must obtain all required licenses to do business in the State of Florida, County of Pinellas and City of Clearwater, if applicable. IX. INSURANCE COVERAGE A. The wrecker operator shall maintain the following policies of insurance according to the minimum limits set forth below. Each policy shall be in the name of the wrecker operator and shall include coverage for towing and storage. The policy shall be effective throughout the period that the wrecker operator is qualified under this policy. It is not the intent of this schedule to limit the operator to the types of insurance required herein. 1. Worker's compensation. 2. Garage Owner's liability. 11 I I 3. Combined single limits of automobile liability insurance in an amount not less than: A. $50,000 per occurrence for a wrecker with a gross vehicle weight of less than 35,000 pounds. B. $100,000 per occurrence for a wrecker with a gross vehicle weight of 35,000 pounds or more, but less than 44,000 pounds. C. $300,000 per OCCurrence for a wrecker with a gross vehicle weight of more than 44,000 pounds. B. All insurance policies required above shall be issued in companies authorized to do business under the laws of the State of Florida. C. The wrecker operator shall furnish certificates of insurance to the department prior to the commencement of operations, and thereafter thirty (30) days prior to the expiration dates of the policies. D. The wrecker operator shall furnish a copy of all vehicle(s) registered to the company as well as copies of all Florida Drivers License for operators of the vehicles. X. GROUNDS FOR DENIAL OF INCLUSION ON/OR REMOVAL OR SUSPENSION FROM ROTA nON LIST A. A wrecker operator may be denied inclusion, removed or suspended from the rotation list with or without cause NOT withstanding anything herein to the contrary. The Chief of Police may remove or suspend an operator under this section by fIrst giving the operator ten (10) days notice of a violation of these regulations. The Chief of Police may suspend an operator from the rotation list until an operator complies with these regulations. If the operator cannot, refuses to, or does not comply with these regulations, the Chief of Police shall remove the operator from the rotation list. B. The following acts, omissions and deficiencies on the part of any operator, (mcluding any partner if the operator is a partnership or of any director or officer if the operator is a corporation) or of any agent of the operator, shall be grounds for denial of inclusion on, or removal or suspension from the rotation list: 1. Failure to comply with any provision of this standard operating procedure. 12 . I I I 2. Chasing or ruMing wrecks in a zone without proper call (rom the department. 3. Soliciting at the scene of an accident. 4. Failure to answer a call two times within a three month period. S. Inability to properly operate the tow truck in the removal of disabled vehicles or to remove a vehicle without causing additional damage. 6. Removal of a wrecked or disabled vehicle without its having been investigated or cleared by a proper law enforcement agency. 7. Conviction of any felony when the'person's civil rights have not been restored. 8. Conviction of any felony or fIrst degree misdemeanor directly related to the business of operating a wrecker, regardless of whether civil rights have been restored. For the purpose of this procedure, any offense involving peIjury or false statements shall be considered to be directly related to the business of operating a wrecker. 9. Conviction of the offense of Driving Under the Influence of alcohol or any controlled substance or chemical substance to the extent that normal faculties are impaired or any criminal traffic offense. 10. A wrecker operator shall be suspended from the rotation list whenever the licensee and/or owner is formally charged with the commission of any felony. 11. Making any false statements in the application, or in response to any inquiry by the Police Department or City of Clearwater. 12. Overcharging: a. First offense - Mandatory suspension for ninety (90) days and repayment of the overcharge. b. Second offense within two years - Removal from the rotation list and repayment of the overcharge. 13. Any criminal violations of State Law or City Ordinances including but not limited to: receiving kick-backs from MotellHotel Owners or 13 \ I I Operators or any other business where there is an agreement to remove vehicles from the business lot. XI. DEPARTMENT RESPONSIBILITIES A. The Support Services Section is responsible for the maintenance of the wrecker rotation lists and shall investigate all complaints relating to the wrecker service. B. The Support Services Section Commander shall appoint a representative from the Support Services Section to act as a liaison with the members of the wrecker companies participating on the rotation list. C. The Department shall design and maintain an impound system and fonn to be used by Department and company members. XII. COMP ANY IOPERA TOR RESPONSffiILITIES A. The company will maintain one qualified, licensed wrecker driver for each approved wrecker that company has on the rotation list. B. The company will respond to Department calls only with qualified and approved wreckers and driver/operators. C. The company agrees to release any vehicle to its owner, or the owners properly designated agent, during regular business hours or at any other time within thirty (30) minutes notice. The company may charge an additional fee for releasing a vehicle after hours. D. The company agrees to abide by the F.S. ~ 713.78 with regard to liens for recovering vehicles. 14 ~ '- ! " -- .. '.- ,t.o ~ ,. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as follows: CITY OF CLEARWATER, FLORIDA WAl\L'E.\.- ~ ~~~~{l'\.. . By: 9b~ Elizabith M. eptula City Manager i~ Date Attest: Attest: .' a E.. . GOUdeau Clerk. - Secretary ." Approved as to form and legal sufficiency:. 15