Ordinance No. 12,629ORDINANCE NO. 12,629
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III
"TOW TRUCKS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS;
AMENDING CHAPTER 102 "VEHICLES FOR HIRE," OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ADD A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE III "TOW TRUCKS "; APPROVING
A STANDARD FORM OF AGREEMENT; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND N01100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks" of the
Code of Ordinances, Baytown, Texas, is hereby repealed in its entirety.
Section 2: That Chapter 102 "Vehicles for Hire," of the Code of Ordinances,
Baytown, Texas, is hereby amended to add a new article to be numbered and entitled Article III
"Tow Trucks," which article shall read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
DIVISION 1. GENERALLY
Sec. 102 -135. Purpose and intent.
The purpose and intent of this article is to regulate nonconsent tows initiated by a police
officer or city official to the extent not pre- empted by federal or state law. This article shall not
apply to consent tows from public or private property within the city, except as those described
in section 102- 169(a)(2) of this article.
Sec. 102 -136. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
City official is an employee of the city authorized by the city manager to initiate the
towing of a vehicle.
Consent tow means any tow of a motor vehicle initiated by the owner or operator of the
vehicle or by a person who has possession, custody, or control of the vehicle if such tow is
performed pursuant to section 102- 169(a)(2) of this article. The term does not include a tow of a
motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that
involves the vehicle or a tow initiated by a city official pursuant to a court order.
Heavy -duty rotation list means the list of heavy -duty towing companies who have been
permitted by the city and have entered into a contractual relationship with the city to perform
heavy -duty nonconsent tows at the request of the city.
Nonconsent tow means any tow of a motor vehicle that is not a consent tow and that is
regulated by this article consistent with section 102 -135. Nonconsent tow includes a tow made
from the scene of a vehicle accident or similar event after the vehicle owner fails to select a
towing company or after the selected towing company fails to respond within the time frame
established in subsection 102- 174(a).
Permit year means the twelve -month period beginning October 1 and ending on
September 30.
Public roadway means a public street, alley, road, right -of -way or other public way,
including paved and unpaved portions of the right -of -way.
Regular rotation list means the list of towing companies who have been permitted by the
city and have entered into a contractual relationship with the city to perform nonconsent tows at
the request of the city. The regular rotation list shall be utilized for tows not requiring heavy -duty
tow trucks.
Tow truck means a motor vehicle, including a wrecker, permitted by the state commission
of licensing and regulation and equipped with a mechanical device used to tow, winch, or
otherwise move another motor vehicle.
Tow truck operator means a person who holds an appropriate license issued by the state
commission of licensing and regulation and operates a tow truck permitted by the state
commission of licensing and regulation.
Towing company means an individual, association, corporation, or other legal entity that
controls, operates, or directs the operation of one or more tow trucks over a public roadway in
this state but does not include a political subdivision of the state. If an assumed name is used, the
term "towing company" will be deemed to be the owner of such assumed name.
Tow truck permit means a permit issued by the city to all towing companies that are on
the heavy -duty or regular rotation lists, signifying that the tow trucks of that towing company
may be dispatched to the scene of an accident.
Tow truck ticket form means the form used by vehicle owners for the selection of towing
companies, which form is prepared and used as provided in this article.
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Vehicle means a device in, on, or by which a person or property may be transported on a
public roadway. The term includes an operable or inoperable automobile, truck, motorcycle,
recreational vehicle, or trailer but does not include a device moved by human power or used
exclusively on a stationary rail or track.
Vehicle owner means a person:
(1) Named as the purchaser or transferee in the certificate of title issued for the
vehicle under V.T.C.A., Transportation Code, ch. 501;
(2) In whose name the vehicle is registered under V.T.C.A., Transportation Code, ch.
502, or a member of the person's immediate family;
(3) Who holds the vehicle through a lease agreement;
(4) Who is an unrecorded lienholder entitled to possess the vehicle under the terms of
a chattel mortgage; or
(5) Who is a lienholder holding an affidavit of repossession and entitled to repossess
the vehicle.
Vehicle storage facility means a garage, parking lot, or other facility that:
(1) is owned by a person other than a governmental entity; and
(2) has the capacity to store or park at least ten vehicles each year.
The term shall include a "towing yard" as referenced in the Unified Land Development Code,
and an automotive salvage yard as defined in section 82 -161 of this code.
Sec. 102 -137. Penalty.
Any person who shall violate this article shall upon conviction be punished as provided in
section 1 -14.
Sec. 102 -138. Tow truck committee; hearings
(a) There is created a tow truck committee. The term "committee," as used in this article
shall mean the tow truck committee. The committee shall be composed of:
(1) Five citizens not in the tow truck business;
(2) One citizen in the tow truck business, who shall serve as an ex officio member
and shall possess no voting privileges and whose only function shall be to render
advice to the regular members of the committee; and
(3) One youth ex officio member between the ages of 14 and 18, who shall possess
no voting privileges and whose only function shall be to render advice to the
regular members of the committee.
Three of the initial five voting committee members shall be designated by the city council
to serve one -year terms. The terms of the remaining initial committee members and all
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subsequent terms of all voting committee members shall be for two years. The terms of
the ex officio member and the youth ex officio member shall be for one year.
Appointments shall be made in April of each year. A majority of the voting members of
the committee shall constitute a quorum for the transaction of business.
(b) The committee shall meet at least once each calendar quarter. At each meeting, the city
staff shall present a report on the operations and activities under this article. The
committee shall review each towing company's activities for compliance with this article,
the tow agreement, the statutes, and rules and regulations that govern tow truck
operations and business. If the committee believes that one or more towing companies
may not be in compliance with this article, the tow agreement, the statutes, and rules and
regulations that govern tow truck operations and business, the committee shall set a
hearing on the matter.
(c) If a hearing is set by the committee, the towing company shall be given notice of the
hearing and of the reason therefor. The notice must state that the towing company will be
required to submit at the hearing proof of compliance with all applicable provisions of
this article, the tow agreement, the statutes, and rules and regulations that govern tow
truck operations and business. Such notice shall be mailed on or before the tenth day
before the date of the hearing before the committee.
(d) After the public hearing, the committee shall consider the evidence and arguments
presented at the hearing to determine whether the towing company has violated this
article, the tow agreement, the statutes, and rules and regulations that govern tow truck
operations and business. If the committee finds that the towing company violated such
article, the statutes, or rules and regulations, the committee shall take appropriate action
against the towing company, which may include, but is not limited to, suspension of the
tow truck permit, which shall result in a suspension from the applicable rotation list for a
period determined to be appropriate by the committee. The committee shall reduce its
findings to writing and deliver the same to the applicable towing company.
Sec. 102 -139. Appeal of decision of the tow truck committee.
(a) The towing company against which action is taken by the tow truck committee shall have
the right to appeal that decision to the city council by making written request to the city
manager. Such request must be filed with the city clerk within 15 days after such person
has been notified in writing of the decision of the committee and must state in detail the
reason for the appeal.
(b) No towing company 'shall have any right to appeal for relief to any court in regard to any
matter covered by this article until after such towing company has exhausted the appeal
procedure provided for in this section.
(c) Upon hearing the appeal, city council may uphold, modify or reverse the decision of the
tow truck committee.
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Sec. 102 -140. Tow fee study.
(a) A towing company may request a tow fee study if the towing company has a valid tow
truck permit and had a valid tow truck permit throughout the 12 -month period preceding
the request. The request must be made in writing to the city clerk. The request must
identify the specific fees requested to be reviewed and indicate the towing company's
willingness to provide any necessary financial documentation that the city may deem
necessary to conduct the review.
(b) A nonrefundable fee of $500.00 in the form of a cashier's check payable to the city must
be tendered to the city clerk at the time the tow fee study request is submitted. This fee is
intended to defray the cost of the study.
(c) The tow fee study shall be performed at the direction of the city clerk. The methodology
used to conduct the study will be established by the director of finance. The director of
finance shall determine what financial information is necessary to conduct the study,
which shall include, but not be limited to, financial information requested from permitted
towing companies in the city. All towing companies with a tow truck permit shall provide
all requested financial information.
(d) The findings of the tow fee study shall be presented to tow truck committee. The tow
truck committee shall consider the study and shall prepare and deliver a recommendation
to the city council to increase, decrease, or make no adjustment to the fees for nonconsent
tows.
(e) Upon receipt of the tow truck committee's recommendation, the city council shall
consider the tow fee study and recommendation and may amend the applicable tow
agreement.
(f) The city shall not be required to conduct a tow rate study if a rate study has been
performed within the preceding 24 -month period.
(g) Nothing in this section shall preclude the city from undertaking a tow fee study at its own
discretion at any time.
DIVISION 2. CONSENT AND NONCONSENT TOWS
Sec. 102 -166. Rotation lists.
(a) Regular rotation list.
(1) For a towing company to be eligible to be placed on the regular rotation list, the
towing company shall be permitted by the city to engage in nonconsent tows and
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shall enter into a contract in the form and substance approved by the city attorney
for nonconsent tows.
(2) The regular rotation list shall be used to select the towing company to respond to
a regular nonconsent tow authorized by the city. For each regular nonconsent tow,
the towing company will be called on a rotating basis so that after a towing
company has been called for a regular nonconsent tow, the towing company shall
be moved to the bottom of the list and shall not be called again until all other
towing companies then on the regular rotation list have been called for a regular
nonconsent tow.
(3) Except as allowed in Section 102- 200(b), a towing company shall not pass a call
for a regular nonconsent tow. A towing company may request in writing to be
temporarily removed from the regular rotation list. To be effective, the public
safety communications division of the city must receive such request prior to the
public safety communications division dispatching the towing company to the
scene of an accident or similar event from the rotation list and the city clerk must
be notified in writing as soon as practicable after notice to the public safety
communications division, but not later than 24 hours after such notice.
(b) Heavy -duty rotation list.
(1) For a towing company to be eligible to be placed on the heavy -duty rotation list,
the towing company shall be permitted by the city to engage in heavy -duty
nonconsent tows and shall enter into a contract in the form and substance
approved by the city attorney for heavy -duty nonconsent tows.
(2) The heavy -duty rotation list shall be used to select the towing company to respond
to a heavy -duty nonconsent tow authorized by the city. For each heavy -duty
nonconsent tow, the towing company will be called on a rotating basis in a
rotation manner so that after a towing company has been called for a heavy -duty
nonconsent tow, the towing company shall be moved to the bottom of the list and
shall not be called again until all other towing companies then on the heavy -duty
rotation list have been called for a heavy -duty nonconsent tow.
(3) Except as allowed in section 102- 200(b), a towing company shall not pass a call
for a heavy -duty nonconsent tow. A towing company may request in writing to be
temporarily removed from the heavy -duty rotation list. To be effective, the public
safety communications division of the city must receive such request prior to the
public safety communications division dispatching the towing company to the
scene of an accident or similar event from the rotation list and the city clerk must
be notified in writing as soon as practicable after notice to the public safety
communications division, but not later than 24 hours after such notice.
(c) Regardless of the procedure established by this article, certified law enforcement officials
shall control the scene of an accident in the manner they deem appropriate.
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Sec. 102 -167. Vehicle storage facilities.
(a) A towing company performing a nonconsent tow who tows a vehicle to a vehicle storage
facility shall tow the vehicle to a state - licensed vehicle storage facility within the
corporate limits of the city unless directed otherwise by the vehicle owner or a city
official.
(b) All yards and storage areas used to store vehicles towed pursuant to this article shall be
fenced and maintained in accordance with all applicable state laws and chapter 18, article
XII of this code.
Sec. 102 -168. Solicitation of business prohibited.
(a) It shall be an offense for a person to stop, park, halt or operate a tow truck within 500 feet
of the scene of a consent or nonconsent tow unless the towing company is dispatched to
the scene by a city official.
(b) It shall be an offense for a person at the scene of a nonconsent tow to solicit any business
or employment, including, but not limited to, legal services, medical services,
professional services, and services involving towing, moving, storing, repairing, trading
or purchasing any vehicle, by words, cards, circulars or gestures.
(c) It shall be an offense for a person at the scene of a nonconsent tow to offer a vehicle
owner or operator or a representative of the vehicle owner or operator an), form. contract,
agreement or waiver to sign, other than a tow truck ticket forin.
Sec. 102 -169. Tow truck ticket form.
(a) Use.
(1) When a peace officer determines that a tow is required for any vehicle, such peace
officer shall inquire of the vehicle owner, if available, as to the towing company
the vehicle owner desires to tow the vehicle.
(2) If the vehicle owner designates a towing company to perform towing services, the
peace officer shall communicate the fact to the public safety communications
division, who, on behalf of the vehicle owner, shall call the designated towing
company to dispatch a tow truck to the appropriate location.
(3) A peace officer shall communicate with the public safety communications
division, who shall summon a towing company from the appropriate rotation list
to provide towing services if:
a. The vehicle owner does not designate a towing company to perform
towing services; or
b. The towing company selected by the vehicle owner fails to arrive at the
scene within the time period specified in subsection 102- 174(a).
(4) A city official shall communicate with the public safety communications division,
who shall summon a towing company from the appropriate rotation list to provide
towing services if an abandoned or junked vehicle as defined in section 34 -91 of
this code is seized by a city official pursuant to a court order.
(5) Upon the arrival of the tow truck from the towing company requested pursuant to
subsection (a)(3) or (a)(4) of this section above at the location, the tow truck
operator shall complete a tow truck ticket form. The vehicle owner shall sign the
tow truck ticket form designating the towing company and authorizing the
removal of the vehicle. The tow truck operator shall give copies of the form to the
vehicle owner and the police officer or city official, as applicable, and shall retain
the original thereof.
(6) If the owner of the vehicle is unable or unwilling to sign the tow truck ticket as
required in subsection (a)(5) of this section, or if the peace officer or city official
has requested a nonconsent tow, the tow truck operator shall complete a tow ticket
form and note any refusal or inability to sign for nonconsent tows. The tow truck
operator shall give a copy of the completed form to the city official at the scene
and shall retain the original.
(7) It shall be unlawful for a towing company to use a tow truck for towing services
pursuant to this article without completing a tow truck ticket form.
(8) It shall be unlawful for a tow truck operator to provide false information on a tow
truck ticket form.
(b) Content. The chief of police shall cause a tow truck ticket form to be prepared which
shall contain:
(1) The name, address, and permit number of the towing company issued by the state
department of licensing and regulation;
(2) The name and license number issued by the state department of licensing and
regulation of the tow truck operator;
(3) The name and address of the driver of the towed vehicle;
(4) The make, model, and vehicle identification number of the vehicle being towed;
(5) The date, time and location of tow;
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(6) Total amount charged for towing;
(7) Location to where vehicle is towed;
(8) Storage rate per day;
(9) Description of all personal property within the disabled automobile at the time of
its removal;
(10) A statement by the vehicle owner either:
a. Designating in blank spaces therein both:
1. The towing company that the vehicle owner desires to employ to
remove the vehicle, and
2. The place to which the vehicle owner desires such vehicle to be
removed; or
b. Declaring that the vehicle owner has no preference as to which towing
company to employ and designating in blank spaces therein the place to
which the vehicle owner desires such vehicle to be removed;
(11) Police department case number, if applicable; and
(12) A space for the signature of the vehicle owner or city official requesting the
nonconsent tow, whichever is applicable.
Sec. 102 -170. Influence by city officials as to selection of tow truck prohibited.
No city official shall, directly or indirectly, either by word, gesture, sign or otherwise,
recommend to any person the name of any particular person engaged in the tow truck service or
repair business; nor shall any such city official influence or attempt to influence in any manner
the decision of any person in choosing or selecting tow truck or repair service.
Sec. 102 -171. Impoundment of vehicles.
A city official may direct that any vehicle towed, whether consent or nonconsent, be
taken by the tow truck operator towing the vehicle directly to the city pound or other place of
storage designated by the city, and there be held by the city for inspection or investigation.
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Sec. 102 -172. Towing company records.
(a) Maintenance of records. Each towing company on either of the city's rotation lists shall
maintain at its garage or storage location, records as to all vehicles towed in accordance
with the provisions of this article. The records required to be kept by each towing
company on either of the city's rotation lists shall include the towing information form as
described in subsection 102- 169(b). The towing company shall preserve the records for
12 months from the date the towed vehicle is released from the possession of the towing
company.
(b) Records available to city. The records required to be maintained in accordance with the
provisions of this section shall be made available to city officials by the towing company
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except on
nationally recognized holidays.
Sec. 102 -173. Lien for towage and storage fees.
(a) When a vehicle has been towed and placed in storage, the towing company that
performed the tow shall be required to notify the last -known registered owner and all lien
holders of record of the vehicle that the vehicle has been towed and stored. Such notice
must conform to the notice requirements of state law.
(b) The vehicle 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 police chief
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 vehicle storage facility from the post office
after delivery of the certified notice.
Sec. 102 -174. Duty of tow truck operator.
(a) A towing company who has been called from a rotation list to tow a vehicle shall arrive
at the location within 30 minutes after the time the towing company or its representative
was notified by the public safety communications division of the tow and location. This
30- minute requirement is applicable in all instances except when the towing company,
during the initial telephone call from the public safety communications division
requesting a nonconsent tow, utilizes or is deemed to utilize one of its two passes as
defined and permitted in section 102 -200. Failure to comply with this subsection shall
constitute a run -time violation.
(b) It shall be the duty of the towing company responding to a consent or nonconsent tow to
clean up and remove the debris as directed by the city official.
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Sec. 102 -175. Official identification; display.
(a) No person may perform a nonconsent tow under this article unless:
(1) The person holds incident management towing operator's license issued by the
state department of licensing and regulation that is valid at the time of the
nonconsent tow;
(2) A copy of such a valid state license is on file with the city clerk; and
(3) The person has been issued an official identification by the chief of police
pursuant to subsection (c) of this section.
(b) No towing company may dispatch or otherwise allow a person to operate a tow truck on
its behalf under this article if such person does not have both (i) an incident management
towing operator's license issued by the state department of licensing and regulation and
(ii) an official identification issued by the chief of police that are valid at the time the
person is dispatched to or otherwise performs a nonconsent tow on behalf of the towing
company.
(c) After filing a copy of a valid incident management towing operator's license as required
in subsection (a) of this section with the city clerk, each tow truck operator shall request
an official identification card to be issued by the chief of police, which request shall
include a photograph meeting the requirements of section 102- 196(b)(12). This official
identification shall contain the tow truck operator's name, a photograph of the tow truck
operator, the name of the towing company for which the tow truck operator performs
nonconsent tows, the issuance date of the official identification and the expiration date of
the same. The expiration date of the official identification shall coincide with the
expiration of the incident management towing operator's license issued by the state
department of licensing and regulation.
(d) It shall be unlawful for any person to engage in any activity for which an incident
management towing operator's license is required by the state or official identification is
required under this article unless he displays such license and identification to the peace
officer at the scene of the nonconsent tow.
DIVISION 3. PERMIT
Sec. 102 -196. Application.
(a) No towing company shall engage in nonconsent tows upon any street within the city
without obtaining (i) a tow truck permit from the City and an executed tow truck
agreement with the city in a form approved by the city attorney.
(b) Any towing company that desires to be placed on the heavy -duty or regular rotation list,
as provided in division 2 of this article, shall apply to the city clerk for a tow truck
permit. The permit application process for a permit year shall begin on July 1 immediately
preceding the permit year.
(c) The application for a tow truck permit under this article must be submitted on a form
provided by the city clerk and shall contain or be accompanied by the following:
(1) The name, address, and telephone number of the owner of the towing company;
(2) The name and address of the towing company and any assumed names under
which the towing company will operate;
(3) A copy of the towing company's license issued by the state department of
licensing and regulation for the towing company;
(4) Proof that the applicant owns or contracts for the permit year for the use of a
vehicle storage facility that is
a. within the corporate limits of the city,
b. currently licensed as an automotive salvage yard under the applicable
statutes and regulations, and
C. fenced as required by this code.
(5) A copy of the vehicle storage facility license issued by the state department of
licensing and regulation for the vehicle storage facility described in subsection
(c)(4) of this section;
(6) The amount of parking/storage available at the vehicle storage facility, i.e., space
to keep cars and tow trucks off the street;
(7) Proof of insurance coverage as required in the tow agreement and state law;
(8) A copy of the incident management towing permit issued by the state department
of licensing and regulation for each tow truck to be operated by the towing
company for nonconsent tows.
(9) The make, year, model, type, and vehicle identification number of vehicle(s) to be
operated by the towing company for nonconsent tows;
(10) Whether the vehicle(s) shall be operated by the owner or his employee with a
bona fide employer - employee relationship;
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(11) Whether the applicant proposes to own, rent or lease the vehicle(s) to be used for
the permit year;
(12) Proof that the vehicle(s) have undergone and passed an inspection performed by
the chief of police within the two -month period immediately preceding the
application for proper equipment required to be on each tow truck as stated in this
division and in the tow agreement;
(13) Proof that the storage lot to be used by the applicant is currently licensed as an
automobile storage lot under the applicable statutes and regulations, including a
copy of the vehicle storage facility license issued by the state department of
licensing and regulation;
(14) A copy of the cab card issued by the state department of licensing and regulation
along with a copy of the vehicle registration issued by the state department of
public safety for each tow truck to be operated by the towing company;
(15) A copy of the incident management towing license issued by the state department
of licensing and regulation for each tow truck operator performing nonconsent
tows on behalf of the towing company along with a color visa -sized photograph
cut to 1'/4 inches by 1'/4 inches of each such tow truck operator; and
(16) A completed tow agreement executed by the towing company; and
(17) Payment of the fees required in this article.
Sec. 102 -197. Fees.
(a) Application fee. The annual tow truck permit application fee of $25.00 shall be submitted
with the application. There shall be no proration of fees.
(b) Inspection fee. For each tow truck operating under a single tow truck permit, an
additional fee of $50.00 shall be charged for inspection of each tow truck for proper
equipment. There shall be no proration of fees.
(c) Tow truck operator license fee. For each tow truck operator listed under a towing
company permit, a license fee of $15 shall be assessed. This fee will also be assessed for
replacement licenses.
(c) Fees due. All application, inspection, and tow truck operator license fees shall be
remitted at the time of submission of the permit application. These fees are
nonrefundable.
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Sec. 102 -198. Issuance.
(a) Subject to subsections (e) and (f) hereof, all tow truck permits shall be issued by the city
clerk upon the submission of a completed application, an executed tow agreement, the
successful inspection of the tow truck(s), and the processing of tow truck operator
license(s). Following the issuance of such permit, the towing company shall be placed on
the applicable rotation list for the permit year.
(b) No more than one permit shall be issued to any towing company.
(c) Each towing company shall own or contract to use for the permit year a state licensed
vehicle storage facility within the city limits.
(d) A copy of the applicable rotation list shall be issued to all towing companies on such list
at the beginning of the permit year. All other copies will be processed in accordance with
the state public information act.
(e) Tow truck permits shall expire on September 30 of each permit year.
(f) If a tow truck permit has been revoked or suspended during the permit year, issuance of a
new permit will be reviewed by the tow truck committee during September of such year.
The awarding of such permit shall be denied if the committee determines that the health,
general public safety and welfare of the citizens of the city demand such a result.
Sec. 102 -199. Transferability.
A towing company's tow truck permit shall be personal to the permittee and shall not be
transferable.
Sec. 102 -200. Suspension.
(a) The tow truck committee may revoke or suspend in accordance with section 102 -138 for
up to one year a towing company's tow truck permit for any of the following reasons:
(1) Violation of any of the laws of the state, federal or city government; commission
of an offense as defined by this article; or violation of any of the terms of this
article or the city tow agreement by a towing company, its agents or employees;
(2) Failure of a towing company to meet the requirements as set forth in its
application for a tow truck permit;
(3) Towing of a vehicle to an automobile storage lot not licensed by the state as an
automobile storage lot, unless the tow truck operator was directed by the owner or
operator of the towed vehicle to tow the vehicle to such unlicensed location.
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(b) As used in this article, a "pass" shall be defined as when the public safety
communications division telephones a towing company on the rotation list to perform a
nonconsent tow and is unable to contact the towing company or the towing company
refuses or declines to accept the telephone call or the towing company refuses to accept
the tow. The towing company shall be entitled to two passes during a calendar month. In
the event the towing company passes three or more times during a calendar month, the
towing company shall be subject to suspension from the rotation list for a period deemed
appropriate by the tow truck committee.
Section 3: That the Tow Agreement, which is attached hereto as Exhibit "A" is
hereby approved and adopted as the standard form of the agreement to be used in connection
with Chapter 102 "Vehicles for Hire," Article III "Tow Trucks" of the Code of Ordinances,
Baytown, Texas. The City Attorney is hereby authorized to make such changes thereto so long
as the intent of the agreement is not substantially altered.
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND NO /100 DOLLARS ($500.00). Each act of violation and each day upon
which any such violation shall occur shall constitute a separate offense. In addition to the penalty
prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive
relief, administrative adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 6: If any provisions, section, exception, subsection, paragraph, sentence,
clause or phrase of this ordinance or the application of same to any person or set of
circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall
not affect the validity of the remaining provisions of this ordinance or their application to other
persons or sets of circumstances and to this end all provisions of this ordinance are declared to be
severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its
passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing
the caption of this ordinance to be published in the official newspaper of the City of Baytown at
least twice within ten (10) days after passage of this ordinance. .1-7
INTRODUCED, READ and PASSED by the affirmative v e of the City Council of the
City of Baytown, this the 28th day of August, 2014.
DONCARLOS, Mayor
IP,
ATTEST:
ETICIA BRYSCH, pity
APPROVED AS TO FORM:
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AGKACIO RAMIREZ, SR., Ci6lttomey
1, lcobfs0l +.Iegal\Karen\FileslCrty Council.Ordinances\2014\August 28',TowTruckOrdmance docx
16
EXHIBIT "A"
TOW AGREEMENT (REGULAR ROTATION)
THE STATE OF TEXAS
COUNTY OF HARRIS
This Tow Agreement (the "Agreement ") is made and entered into by and between the
City of Baytown, Texas, a municipal corporation principally situated in Harris County (the
"City "), and the Company identified below.
WHEREAS, Chapter 102 of the Code of Ordinances, Baytown, Texas, authorizes the
City of Baytown, upon recommendation of its City Clerk, to enter into an agreement with a
towing company that has been issued a tow truck permit pursuant to the Code of Ordinances,
holds a towing company license, and either holds or has employees who hold an incident
management permit issued by the Texas Department of Licensing and Regulation, hereinafter the
"Act," to perform "Non- Consent Tows" within the meaning of §102 -136 of the Code of
Ordinances; and
WHEREAS, the Company, identified below, holds a towing company license and either
holds or has employees who hold an incident management towing permit issued by the Texas
Department of Licensing and Regulation and a City tow truck permit for the tow truck(s)
identified below, true copies of which permits are attached to and made a part of this Agreement
as Exhibits "A" and "B "; and
WHEREAS, the Company desires to perform non - consent tows for the City;
NOW THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that in consideration
of the premises and the covenants hereinafter set forth, the City of Baytown and the Company
have mutually agreed as follows:
I.
Identity of Towing Company and Vehicles
1.01 The tow truck(s) that may perform nonconsent tows under this Agreement is identified in
Exhibit "C," by make, model, year and vehicle identification number and is hereinafter whether
singular or plural referred to as the "tow truck." Evidence of the ownership of the tow truck is
attached to and made a part of this Agreement as Exhibit "D."
1.02 The "Company" that owns or leases the tow truck is
Owner).
The Company is: (Check one, as applicable)
(Name of
a. [ ] a proprietorship. b. [ ] a partnership.
C. [ ] a limited partnership. d. [ ] a corporation or other entity.
Attached hereto as Exhibit "E" and made a part hereof for all intents and purposes is a copy of
[1] any assumed name certificate, [2] any partnership agreement disclosing the names of all
general or limited partners at the time of this agreement if a partnership, or [3] a copy of the
articles of incorporation and certificate from the corporate secretary setting forth the names of all
persons owning ten percent (10 %) or more of the outstanding stock at the time of this agreement
if a corporation or other legal entity.
1.03 The state vehicle storage facility number inside the corporate city limits of Baytown that
the Company will use for vehicles towed pursuant to this Agreement is:
V SF#
Located at:
1.04 All information included in the application and in this Agreement, will be updated, within
ten (10) days, each and every time there is a change.
II.
Tow Truck Operations
?.01 The Company represents that it is familiar with the provisions of Article III of Chapter
102 of the Code of Ordinances, Baytown, Texas, as amended, which provisions are hereby
incorporated into and made a part of this Agreement by reference. The Company agrees to
comply with said provisions and the other terms and conditions of this Agreement in the
operation of the tow truck(s). The Company also agrees that it and its officers, agents and
employees will comply with all state and local laws, rules and regulations applicable to the
operation of the tow truck(s). It is expressly understood and agreed that any amendments
hereafter adopted by the City Council of the City of Baytown, Texas, to the aforesaid Article III
of Chapter 102 of the Code of Ordinances or other laws that are applicable will become part of
this Agreement by reference upon their effective date. It shall be the obligation of the Company
to take notice of such amendments by virtue of their adoption, and the City shall not be obligated
to provide any personal notice of such amendments to the Company.
2.02 Company agrees to provide towing service on a twenty -four hour per day basis, without
prejudice to ability to pay by the owner or operator of the towed motor vehicle. The Company
shall be required to be open to the public for release of motor vehicles as required under the
Texas Vehicle Storage Facility Act and regulations thereunder. A violation of this provision
may result in cancellation of the Agreement pursuant to the provisions of this Agreement.
2.03 In consideration for being placed on the regular rotation list for nonconsent tows, the
Company agrees to pay to the City a fee in the amount of THREE HUNDRED AND NO/ 100
DOLLARS ($300.00) for the first tow truck plus an additional SEVENTY -FIVE AND N01100
DOLLARS ($75.00) per tow truck thereafter as identified in Exhibit "C." At the time of
Nonconsent Tow Agreement, Page 2
execution of this Agreement, the Company understands and agrees that it shall not charge more
than the following fees for towing services:
a. A tow from the regular rotation list is defined as picking up the vehicle or moving
and towing the vehicle from the scene to the vehicle storage facility of the
Company, which is located within the area described in §2.06, or if moved to any
other location within the city limits of Baytown, such location shall be specified
in writing on the tow truck ticket form and signed by the vehicle owner /operator.
There will be no additional charges to disengage one vehicle from another, as this
will be considered part of a normal tow when the vehicles are moved from the
street. The standard charge for a tow initiated from the regular rotation list as
described hereinabove of a vehicle including a motorcycle shall not exceed ONE
HUNDRED AND FIFTY AND NO /100 DOLLARS ($150.00). This charge shall
apply day or night, holidays or Sundays.
b. If the owner /operator of the vehicle being towed specifies at the scene of the
accident that the vehicle is to be towed to a place of business within the city limits
of Baytown which at that time is not open for business or has no one on duty to
receive the wrecked vehicle or if the owner /operator of the vehicle being towed
requires the vehicle to be moved or transferred and no location has been specified
by him at the scene of the accident or within seven (7) calendar days from the date
of the tow from the scene of the accident, there may be an additional charge not to
exceed SIXTY -FIVE AND NO /100 DOLLARS ($65.00) for transferring the
vehicle to the specified location within the city limits of Baytown. This charge
shall apply day or night, holidays or Sundays.
C. The maximum charge for any and all tows from the scene of an accident in the
city limits shall be TWO HUNDRED FIFTEEN AND NO /100 DOLLARS
($215.00). Such tow shall include the tow as described in subsection (a) and one
transfer as described in subsection (b).
d. A charge of TWENTY AND NO 1100 DOLLARS ($20.00) per day may be made
for the storage of vehicles not longer than 25 feet and THIRTY -FIVE AND
NO /100 DOLLARS ($35.00) per day may be made for the storage of vehicles
longer than 25 feet. Such fee may be charged for a day regardless of whether the
vehicle is stored for twenty -four (24) hours of the day, except that a daily storage
fee may not be charged for more than one day if the vehicle remains at the vehicle
storage facility less than twelve (12) hours. A "day" shall begin and end at
midnight.
e. No charge may be assessed for moving a vehicle within a storage area. No charge
may be assessed for moving a vehicle from the storage area to the street or public
place located in front of the vehicle storage facility, when no access into the
vehicle storage facility is granted, and all tow and storage fees have been paid.
Nonconsent Tow Agreement, Page 3
f. Should the owner /operator of the vehicle being towed specify at the scene of the
accident that the vehicle is to be towed to a place of business or location which is
not within the city limits of Baytown, the Company, except as otherwise provided
in this subsection, may not tow the vehicle until the owner /operator of the vehicle
being towed and the Company have negotiated in writing signed by both parties
an agreed upon fee for the towing services. If the Company tows the vehicle
outside the city limits of Baytown without agreeing upon a fee with the
owner /operator prior to the tow, the Company may charge no more than the
maximum fee specified in subsection (c) hereinabove. If the owner /operator and
the Company are unable to agree upon a fee for towing services outside the city
limits of Baytown, the Company may tow the vehicle to the storage facility of the
tow truck company, which is located within the city limits of Baytown or to a
location in the city limits as designated by the owner /operator of the vehicle. If
another location is designated within the city limits of Baytown, this designation
shall be in writing on the tow truck ticket form, signed by the owner /operator of
the vehicle.
g. The Company shall be responsible for each vehicle and its contents while in its
care, custody and control.
h. The Company understands and agrees that should it fail to respond when
requested within the required time or is unable to perform the tow for any reason,
the City may contact another towing service, to tow the subject vehicle.
An operator towing a vehicle impounded for driving under the influence of
alcohol or drugs shall be released without charge if the driver is later released
without charges.
2.04 Company understands and agrees that any party believing that an overcharge has
occurred for towing service provided pursuant to this Agreement may, on or before thirty (30)
days from the date of such overcharge, notify the tow truck company of such overcharge. Such
notice shall be in writing forwarded to the address of the tow truck company as reflected in the
records of the City Clerk by registered or certified mail, return receipt requested. Such notice
shall be deemed received five (5) days after the date of mailing. Within fifteen (15) days of
receipt of such notice, said tow truck company shall refund the overcharge or deny the
overcharge. Such denial shall be in writing specifying the justification for the charges contested.
A copy of the denial and of the overcharge complaint shall be delivered to the City Clerk and the
complainant by registered or certified mail, return receipt requested. Such overcharge claim and
denial shall be referred to the tow truck committee for determination at its next meeting.
2.05 No vehicle shall be towed hereunder except upon written authorization of a city official
or as directed by the vehicle owner /operator in the form required under Article III of Chapter 102
of the Code of Ordinances, Baytown, Texas.
Nonconsent Tow Agreement, Page 4
2.06 Company hereby warrants that it owns or contracts for use a vehicle storage facility
within the corporate limits of the City of Baytown, which is licensed by state law as suitable for
the protection of stored vehicles and fenced as required by city ordinance.
2.07 Company further understands and agrees that throughout the term of this Agreement, it
shall not become indebted to the city for any delinquent taxes levied.
2.08 No charge may be assessed for impoundment other than those specifically prescribed by
the Act. Administrative fees are prohibited.
2.09 The City of Baytown hereby designates the Company identified in §1.02 above to
perform "Nonconsent Tows" with the tow truck identified in U-01 within the meaning of that
term as defined in Article III of Chapter 102 of the Code of Ordinances, Baytown, Texas. It is
expressly understood that this Agreement does not constitute any promise or obligation by the
City to cause any vehicle to be towed by the Company.
III.
Term
3.01 The term of the Agreement shall commence upon the date of the signature by the City
Manager and end on September 30, 20_, unless sooner terminated in accordance with §3.02,
3.03, 3.04, 3.05, 4.02, or 8.01.
3.02 The Company may terminate this Agreement, without cause, upon thirty (30) days'
written notice to the City of Baytown.
3.03 The City may terminate this Agreement, without cause, upon thirty (30) days' written
notice to the Company.
3.04 In the event the tow truck committee, a city official, or the city clerk has reason to believe
that the Company has failed to timely or fully perform any obligation assumed under this
Agreement, the issue will be presented to the tow truck committee in accordance with Article III,
Chapter 102 of the Code of Ordinances. The tow truck committee may suspend for up to one
year the Company's permits for any of the following reasons including, but not limited to:
a. Violation of any of the laws of the state, federal or city government, commission of
an offense as defined by Article III of Chapter 102 of the Code of Ordinances or
violation of any of the terms or provisions of this Agreement by a tow truck company,
its agent, employee or owner;
b. Failure of a tow truck company to meet the requirements as set forth in its application
for a tow truck permit;
c. Removal of a vehicle regulated by this Agreement to an unapproved vehicle storage
facility, another location or outside the corporate limits of the City of Baytown,
Nonconsent Tow Agreement, Page 5
except upon the informed request of the owner /operator of such vehicle or if the
vehicle owner /operator is not available, at the direction of the city official in charge
of the towing scene;
d. Failure to arrive at the dispatched location within a reasonable time not to exceed
thirty (30) minutes after being dispatched by the Communications Department;
e. Failure of a tow truck company to have its name permanently displayed on both doors
of the tow truck identified in §1.01 herein. The name shall be clearly visible and be
written in letters at least four (4) inches in height;
f. Failure of the tow truck company, its owner and/or employees to provide satisfactory
general services or to conduct itself in a reasonable manner; or
g. Overcharging for the listed tow or storage services.
Decisions of the tow truck committee may be appealed to the City Council as provided in Article
III of Chapter 102 of the Code of Ordinances Baytown, Texas.
3.05 In the event of the termination, suspension, or cancellation of the Company's tow truck
registration or permit issued pursuant to the Act, or the Company's tow truck permit issued under
Article III of Chapter 102 of the Code of Ordinances, this Agreement shall be terminated
contemporaneously therewith and without notice.
IV.
State Regulation
4.01 To the extent of any difference in terms between any valid and applicable provision of
the Act or any rule or regulation adopted thereunder from time to time by the Texas Department
of Safety or other federal or state agencies and the terms and provisions of this Agreement, the
more restrictive shall apply. However, no provision of this Agreement shall be construed to
obligate the Company to violate the Act or any valid and applicable rule or regulation adopted
thereunder.
4.02 The Company and the City acknowledge that they are not aware of any situation in which
compliance with this Agreement will cause the Company to violate the Act or any rule or
regulation adopted thereunder. In the event that such a situation should arise, the Company shall
discontinue operations hereunder and notify the City Clerk thereof in writing; the giving of such
notice shall terminate this Agreement unless it is revived and amended by mutual written
agreement of the City and the Company.
Nonconsent Tow Agreement, Page 6
V.
Indemnity
THE OPERATOR AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY
KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR DAMAGE TO ANY PROPERTY, LOSS
OF REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY
THE OPERATOR PURSUANT TO THIS AGREEMENT, THE CONDUCT
OR MANAGEMENT OF THE OPERATOR'S ACTIVITIES, OR FROM
ANY ACT OR OMISSION BY THE OPERATOR, ITS AGENTS,
EMPLOYEES, OR SUBCONTRACTORS, WHERE SUCH DAMAGES,
LOSSES OR INJURIES ARE CAUSED BY (I) THE JOINT NEGLIGENCE
OF THE CITY AND ANY OTHER PERSON OR ENTITY OR (II) THE
JOINT OR SOLE NEGLIGENCE OF THE OPERATOR. IT IS THE
EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE
OPERATOR AND THE CITY, THAT THE INDEMNITY PROVIDED FOR
IN THIS PARAGRAPH IS INDEMNITY BY THE OPERATOR TO
INDEMNIFY AND PROTECT THE CITY FROM (I) THE
CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHERE THAT
NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING
INJURY, DEATH OR DAMAGE ANA /OR (II) THE CONSEQUENCES OF
THE OPERATOR'S SOLE OR JOINT NEGLIGENCE. FURTHERMORE,
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL
HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE
INJURY, LOSS OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY.
In the event that any action or proceeding is brought against the City by reason of any matter
from which the City is indemnified herein, the Company further agrees and covenants to defend
the action or proceeding by legal counsel acceptable to the City. This article shall survive the
expiration or termination of this Agreement.
Nonconsent Tow Agreement, Page 7
VI.
Insurance
6.01 The Company shall procure and maintain at its sole cost and expense for the duration of
the Agreement, insurance against claims for injuries to person or damages to property which may
arise from or in connection with the performance of the services provided hereunder by the
Company, its agents, representatives, volunteers, employees or subcontractors.
6.02 The Company's insurance coverage shall be primary insurance with respect to the City,
its officials, employees and agents. Any insurance or self - insurance maintained by the City, its
officials, employees or agents shall be considered in excess of the Company's insurance and
shall not contribute to it. Further, the Company shall include all subcontractors, agents and
assigns as additional insureds under its policy or shall furnish separate certificates and
endorsements for each such person or entity. All coverages for subcontractors and assigns shall
be subject to all of the requirements stated herein.
6.03 The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
a. Business Automobile Liability Policy
Limit: $500,000 per vehicle per incident.
All insurance policies or certificates of insurance must show the year,
make and model; state license number and vehicle identification number
of all tow trucks authorized by the City to operate.
a All drivers of tow trucks shall be named insured on the Company's
liability insurance policy.
0 Coverage for "Any Auto."
b. Garagekeepers Direct Primary:
❑ Not more than 50 vehicles: $ 9,000
❑ 51 to 99 vehicles: $18,000
0 100 or more vehicles $25,000
c. Cargo on Hook Coverage
0 Light/Medium Trucks: $ 50,000 per vehicle.
0 Heavy Trucks: $100,000 per vehicle.
6.04 The following shall be applicable to all policies of insurance required herein.
a. Insurance carrier must have an A.M. Best Rating of B +:VI or better.
Nonconsent Tow Agreement, Page 8
b. Only insurance carriers licensed and admitted to do business in the State of Texas
will be accepted.
C. Liability policies must be on occurrence form.
d. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
e. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and Omissions
Policy required herein.
f. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
g. Upon request and without cost to the City, loss runs (claims listing) of any and/or
all insurance coverages shall be furnished to the City.
h. All insurance required herein shall be secured and maintained in a company or
companies satisfactory to the City, and shall be carried in the name of the
Company. The Company shall provide copies of insurance policies required
hereunder to the City upon request.
VII.
Notices
7.01 Any notice that is required or permitted to be given by the City to the Company
hereunder may be mailed to the operator by certified U.S. Mail, return receipt requested, postage
prepaid, addressed to:
or may be given by personal delivery to the Company or any of its agents or employees at the
following local address:
Nonconsent Tow Agreement, Page 9
7.02 Any notice that is required or permitted to be given by the Company to the City
hereunder may be mailed to the City by certified U.S. Mail, return receipt requested, postage
prepaid, addressed to:
City of Baytown
Attention: City Clerk
P.O. Box 424
Baytown, Texas 77522
or may be given by personal delivery to:
City of Baytown
Attention: City Clerk
2401 Market Street
Baytown, TX 77520
7.03 Notices mailed as above shall be deemed given on the third regular postal delivery day
after the date of their deposit in the U.S. Mail. Notice delivered by personal delivery shall be
deemed given upon their delivery.
7.04 Either party may change its address for notice upon written notice to the other party
hereto.
VIII.
General
8.01 . This Agreement shall terminate upon any attempted assignment, subcontract, lease or
other subletting of any obligation assumed hereunder unless the City Clerk has given prior
written approval thereof. This Agreement shall also terminate upon any attempted sale of the
tow truck or any interest therein (including, but not limited to, the conveyance of any partnership
interest, if a partnership, or cumulative transfer of ten percent (10 %) or more of the outstanding
stock, if a corporation), unless the City Clerk has given prior written approval therefor.
8.02 This Agreement shall be construed in accordance with the laws of the State of Texas and
the Charter and Ordinances of the City.
8.03 All obligations hereunder shall be performed in the City of Baytown.
8.04 The Company agrees not to employ or allow any person to continue to be employed as an
agent or employee upon or in any connection with the tow truck who has been either:
a. an operator of a tow truck whose tow agreement with the City has been
terminated for cause within the five (5) year period preceding the effective date of
this Agreement, or
b. the agent or employee of the operator described in subsection (a) who caused in
whole or in part a tow agreement with the City to be terminated for cause within
the preceding five (5) year period.
Nonconsent Tow Agreement, Page 10
8.05 Notwithstanding any other sections, it is expressly understood and agreed that a
suspension or termination for cause under this Agreement that has occurred under this
Agreement shall apply equally to any and all other Tow Agreements held by the Company. A
suspension or termination hereunder shall not affect the operator's right to utilize the tow truck
for any other lawful purpose for which the Company still holds current and valid permits or
licenses, as required by law.
8.06 It is expressly understood and agreed that in all instances involving a vehicle towed upon
authority of a city official, the Company or its employee or agent, must deliver the vehicle to the
place designated on the signed tow truck ticket.
8.07 Company acknowledges and understands that the City shall not be obligated to pay any
fees for the purpose of this Agreement. The only considerations Company shall receive are the
fees it may collect from the storage facility accepting the vehicle for storage or the vehicle
owner /operator.
8The Police Chief may issue rules and regulations governing the operation of tow trucks while
performing tows. A copy of the rules and regulations shall be provided to each Agreement
holder at its last known address. Compliance with the rules and regulations is a condition of this
Agreement.
8.09 This instrument inclusive of the documents incorporated herein by reference or as
exhibits hereto, constitutes the entire agreement between the parties relating to the rights herein
granted and the obligations herein assumed, and it may be amended only by instrument of equal
dignity hereto executed by both parties.
Executed in duplicate counterparts, each having the force and effect of the original on
this the day of , 20_.
CITY OF BAYTOWN ATTEST
By:
Robert D. Leiper, City Manager
By:
COMPANY
(Print or type name)
(Title)
Nonconsent Tow Agreement, Page 11
Leticia Brysch, City Clerk
ATTEST (if a corporation)
(Print or type name)
(Title)
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, , the undersigned notary public, on this day
personally appeared in his/her capacity as , of
, on behalf of such (corporation,
partnership, proprietorship, limited partnership, company)
(check one of the following:)
known to me;
proved to me on the oath of ; or
proved to me through his/her current (description of
identification card or other document issued by federal government or any state
government that contains the photograph and signature of the acknowledging
person
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of , 20_
(Seal)
Notary Public in and for the State of Texas
Nonconsent Tow Agreement, Page 12
RULES AND REGULATIONS GOVERNING TOW TRUCKS
I. SPECIFICATIONS AND REQUIRED EQUIPMENT
All tow trucks, heavy duty tow trucks, and emergency tow trucks shall be provided with
the following minimum equipment which equipment shall be adequate for the purpose(s)
for which it is designed and shall further be kept in usable condition at all times:
A. One fire extinguisher that is properly filled and located so that it is readily
accessible for use. The fire extinguisher must be securely mounted on the
vehicle. It must be designed, constructed, and maintained so as to permit visual
determination of whether it is fully charged. The fire extinguisher must not have
an extinguishing agent that gives off vapor more toxic than those produced by the
substances shown as having a toxicity rating of 5 or 6 in the Underwriters
Laboratories Classification of Comparative Life Hazard of Gases and Vapors.
Such fire extinguisher must have an Underwriters Laboratory rating of #5 ABC or
more. Each fire extinguisher required by this section must be labeled or marked
with Underwriters Laboratories rating.
B. Three (3) flares or three (3) red electric lanterns or three (3) portable red
emergency reflectors, each of which shall be capable of being seen and
distinguished at a distance of not less than six hundred feet (600') under normal
atmospheric conditions at nighttime. No flare, fuse, electric lantern, or warning
flag shall be used for the purpose of compliance with the requirements of this
section unless such equipment has been approved by the Texas Department of
Public Safety.
C. If a tow truck is equipped with a tow bar, it shall have a rubber covering which
covering shall be one inch in thickness and cover the entire bridle. The tow bar is
a part of the tow truck and is used to hold a vehicle which has been elevated for
towing in a rigid position and to prevent swinging of such raised vehicle as it is
being towed. When a vehicle is being towed, the bar shall be in place to prevent
Nonconsent Tow Agreement, Page 1
swinging. A pliable non - scuffing sling may be used in lieu of the above-
described tow bars.
D. Broom, shovel, and sand box: All tow truck operators must clean up all debris and
oil at the scene of an accident. The tow truck operator must carry all debris away.
Every tow truck eligible to be summoned to an accident shall carry the above
equipment at all times.
E. Tow trucks must be equipped with dolly wheels (heavy duty tow truck and
rollbacks excluded). All tow trucks must be equipped with dual rear wheels and
heavy -duty tow trucks and rollbacks are required to have tandem rear dual
wheels.
F. Permit holders will have the name of holder (company name) permanently
attached to both doors. This shall be in letters not less than four inches (4 ") in
height. Each tow truck company will display the permit number on the upper
center portion of the windshield or other location on the windshield as determined
by the designated employee of the city garage. These numbers will be attached to
a transparent sticker and fiurnished by the designated employee of the city garage.
II. DISPATCHING OF TOW TRUCKS:
A. Tow trucks will not go within 500 feet of the scene of the dispatched tow within
the city limits of Baytown unless dispatched by the City's Communication Center.
The tow truck operator will take the vehicle to a vehicle storage facility within the
city limits of Baytown unless otherwise designated by the owner of the vehicle or
the city official. If the owner is incapacitated, the tow truck operator will move
the vehicle to its vehicle storage facility within the city limits of Baytown and
store safely until advised by the owner or his agent where repairs are to be made.
1. Stolen vehicles, vehicles with holds placed by a peace officer, and
Nonconsent Tow Ag er ement, Page 2
prisoner's vehicles will be taken to the towing company's vehicle storage
facility unless directed by a police officer to take the vehicle to the Police
Pound located at 3200 North Main.
Note: When a vehicle is brought to the Police Pound, the towing company must
have a City of Baytown Police Department tow truck ticket form filled out and
must present the keys to the desk officer.
B. No tow truck will be allowed to load any vehicle at the scene of dispatched
location for tow within the City of Baytown if said tow truck arrives at the scene
later than thirty (30) minutes from the time dispatched. The tow truck that is late
will be placed at the bottom of the rotation list, and the next tow truck on the top
will be called. There shall be an exception to this section when, in the opinion of
the police duty supervisor, it appears that the conditions would not allow
compliance within the time limitations.
C. No permit holder will be allowed to load a vehicle at a scene onto a tow truck other
than one permitted to the Company dispatched to the scene. No sharing of tow trucks
will be permitted.
R:\ Karen \Files \Contracts \Police - Initiated Tow Agreement \Agreement08282014.docx
Nonconsent Tow Agreement, Page 3