Ordinance No. 12,671ORDINANCE NO. 12,671
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING C14APTER 102 "VEHICLES FOR HIRE," ARTICLE III
"TOW TRUCKS," DIVISION 1 "GENERALLY," SECTION 102 -139 "APPEAL
OF DECISION OF THE TOW TRUCK COMMITTEE" OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; APPROVING A STANDARD FORM
OF AGREEMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE 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,"
Division 1 "Generally," Section 102 -139 "Appeal of decision of the tow truck committee" of the
Code of Ordinances, Baytown, Texas, is hereby amended to read as follows:
CHAPTER 102. VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
DIVISION 1. GENERALLY
Sec. 102 -139. Appeal of decision of the tow truck committee.
(a) Any towing company shall have the right to appeal any decision of the tow truck
committee to the municipal court judge acting as an administrative hearing examiner by
making written request to the city clerk. 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 and the requested
administrative remedy.
(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, the administrative hearing examiner may uphold, modify or
reverse the decision of the tow truck committee.
Section 2: 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 3: 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ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of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 4: 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 5: This ordinance shall take effect immediately fror}Wand after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative T to of the City Council of the
City of Baytown, this the 91h day of October, 2014. 1.� -J
DONCARLOS,
ATTEST:
LETICIA BRYSCH, City
APPROVED AS TO FORM:
4-6-64ACIO RAMIREZ, SR., Cdvhttorney
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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:
VSF#
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.
11.
Tow Truck Operations
2.01 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 NO /100
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.
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 /100 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.
i. 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 §1.01 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 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 pen-nit 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 AND /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.
❑ All drivers of tow trucks shall be named insured on the Company's
liability insurance policy.
❑ Coverage for "Any Auto."
b. Garagekeepers Direct Primary:
❑ Not more than 50 vehicles: $ 9,000
❑ 51 to 99 vehicles: $18,000
❑ 100 or more vehicles $25,000
c. Cargo on Hook Coverage
❑ Light/Medium Trucks: $ 50,000 per vehicle.
❑ 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.
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
[fill 170►y1
(Print or type name)
(Title)
Nonconsent Tow Agreement, Page I I
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 furnished 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
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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.
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