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Ordinance No. 1,304ORDINANCE NO. 1303 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE AMENDMENT OF CHAPTER 6, "AUTO WRECKERS AND EMERGENCY AUTO WRECKERS", SO AS TO REPEAL THE PROVISIONS OF SUCH CHAPTER AS PRESENTLY CONSTITUTED, AND TO SUBSTITUTE IN ITS PLACE THE PROVISIONS OF A NEW CHAPTER 6 TO BE ENTITLED, "AUTO WRECKERS AND TOWING VEHICLES"; CONTAINING DEFINITIONS, ESTABLISHING REQUIREMENTS FOR PERMITS, ESTA- BLISHING REQUIREMENTS FOR THE APPLICATIONS OF PERMITS TO OPERATE AUTO WRECKERS AND TOWING VEHICLES, PROVIDING FOR ISSUANCE OF CERTIFICATES OF CONVENIENCE AND NECESSITY FOR OPERATION OF AUTO WRECKERS; PRO- VIDING FOR AN APPEAL FROM THE FINDINGS OF THE CITY COUNCIL WRECKER COMMITTEE AS TO CONVENIENCE AND NECESSITY, ESTABLISHING PERMIT FEES, PROVIDING FOR THE REVOCATION OF PERMITS, PROVIDING THAT PERMITS ARE NON-TRANSFERRABLE, REQUIRING THE PAYMENT OF ALL TAXES, ESTABLISHING CERTAIN REGULATIONS FOR THE OPERATION OF AUTO WRECKERS AND TOWING VEHICLES, ESTABLISHING PERMISSIBLE FEES AND CHARGES FOR AUTO WRECKER SERVICES, PROVIDING FOR A WRECKER TICKET TO BE ISSUED BY AUTO WRECKER OPERATORS AT THE SCENE OF ACCIDENTS, PROVIDING MISCELLANEOUS PROVISIONS AND RESTRICTIONS, AND ESTABLISHING REQUIREMENTS FOR THE ISSUANCE OF EMERGENCY AUTO WRECKER PERMITS; REPEALING ORDINANCES INCONSISTENT HERE- WITH; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE HATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by the amendment of Chapter 6, "Auto Wreckers and Emergency Auto Wreckers", so as to repeal the provisions of such chapter as presently constituted, and to substitute in its place new provisions which shall read as follows, to -wit: CHAPTER 6 AUTO WRECKERS AND TOWING VEHICLES Section 6-1. Definitions. (a) Towing Vehicle. The term "towing vehicle", as used this chapter shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any motor vehicle which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not include a towing vehicle which may lawfully appear at the scene of an accident where any motor vehicle has collied with another motor vehicle or other object, or which has been wrecked or disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene unless summoned there by the owner of the vehicle involved in such accident, either directly or through the police department. The term "towing vehicle", shall not be construed to include a service car or other vehicle not equipped with mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped with compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The term "auto wrecker", as used in this chapter, shall mean a towing vehicle which may lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident where a vehicle has collided with another vehicle or other object or which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident. (c) Wrecker Vehicle. The term "wrecker vehicle", as used in this chapter shall mean towing vehicle and/or auto wrecker. (d) Person. The term "person", shall include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. -2- (e) Wrecker driver. The term "wrecker driver", as used in this chapter, means any individual who actually operates and drives a towing vehicle or auto wrecker on the streets of the City of Baytown, either on his own account or in the employ of another. (f) Owner. The term "owner", as used in this chapter shall be construed to mean any person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns or is entitled to use any towing vehicle or auto wrecker, and who uses same in the conduct of his business or any part thereof. (g) Committee. The term "committee", as used in this chapter shall mean the city council wrecker committee. The city council wrecker committee shall be composed of the following persons: the City Manager, the Police Chief, a police officer designated by the Chief of Police, a city councilman, and an auto wrecker permit holder appointed by the Mayor subject to the approval of the city council. Such appointments shall be for a term of two years and shall coincide with the term served by the Mayor. As the terms of office of the appointed committee members terminate, the Mayor shall, as soon as possible, with approval of the city council, appoint members to fill such vacacies. If interim vacancies occur, the appointment shall be for the remainder of the term. (h) Medallions: The term "medallions", as used in this chapter shall mean the small metal tags issued by the city clerk's office to the owner of a permit for a towing vehicle or auto wrecker, evidencing the official licensing of such towing vehicle or auto wrecker with the City of Baytown. -3- Section 6-2. Permits required. (a) Towing vehicle. It shall be unlawful for any person to drive or operate or cause to be operated any towing vehicle as heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles without having first obtained a towing vehicle permit, from the City of Baytown, duly issued to such person to operate the vehicle on the streets of the city under the terms and provisions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be operated any auto wrecker, as that term has been heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either hire or as an incident to obtaining the business of storing, wrecking, or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the City of Baytown, duly issued to such person to operate an auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this section, proof that an owner's wrecking vehicle was present at the scene of a collison or accident in which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or causing to be operated his wrecking vehicle as an unlicensed towing vehicle or auto wrecker as the case may be. Section 6-3. Insurance required. (a) Before any permit shall be issued to any owner of a towing vehicle or auto wrecker, or before any renewal of said permit shall be granted, the -4- owner shall be required to file an insurance policy and or certificates of insurance with the city clerk, evidencing insurance coverage complying with the requirements contained in paragraph (b) below. (b) insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability policies, must show the year, make and model, state license number and motor number of all towing vehicles or auto wreckers, which have been authorized to operate by the City of Baytown. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the city clerk shall be given at least ten (10) days' written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either towing vehicles or auto wreckers be less than the amount of ten thousand dollars ($10,000) for bodily injury to or death of one person in any one accident and, subject to said limit for one person, in the amount of twenty thousand dollars ($20,000) for bodily injury to or death to two (2) or more persons in any one accident, and in the amount of ten thousand dollars ($10,000) for injury to or destruction of property of others in any one accident. The City shall suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued without further notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times. -4- Section 6-4. Application for towing vehicle permits. Any owner desiring to operate a towing vehicle or towing vehicles in the city shall apply in writing for a permit to the city clerk, and shall state the following in his application: 1. The name and address of the owner. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. 2. The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. 3. The true ownership of each towing vehicle. If not owned out- right by the owner, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract with some company other than the owner, a copy of the contract shall also be attached. 4. A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of Police of the City of Baytown, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws his permit may be revoked or suspended. 5. The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the cor- porate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. 6. Such application shall be accompanied by an annual towing vehicle permit fee of fifty dollars ($50.00) for each towing vehicle the owner desires to operate. All permits shall expire on the 31st day of December each year and shall be then renewed upon submission of a pro- perly executed application and the annual auto wrecker permit fee until the next succeeding 31st day of December. If a permit is granted sub- sequent to the lst day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. Section 6-5. Issuance of towing vehicle permits. After the owner has filed his towing vehicle application, permit fee, and insurance policy, and the City clerk has examined same and found them to be in compliance with the terms of this chapter, he shall issue to the owner a permit for each towing vehicle license, which permit shall bear upon its face a notice that the same expires on the succeeding December 31st. Each permit shall be dated and numbered and shall show on its face the make, model, and motor number and state license number of the towing vehicle licensed and the medallion number given to it by the city clerk. The Chief of Police of the City of Baytown is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. Section 6--6. Additional and replacement towing vehicle permits. (a) When an owner has obtained a towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional towing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle permits. C (b) He shall also file with the city clerk a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The city clerk shall examine such supplemental auto wrecker application, fee and policy, and if the same are in order, shall issue auto wrecker permits covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of a towing vehicle during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The city clerk shall, upon the payment of a twenty-five dollar ($25.00) trans- fer fee, issue the owner a new permit covering the replacement towing vehicle, as provided in section 6-5, and cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Section 6-7. Application for auto wrecker permits. Any owner desiring to operate an auto wrecker or auto wreckers in the city shall make application to the city clerk for an auto wrecker permit or permits. Such application shall be submitted upon form to be furnished by the city clerk and the applicant shall furnish the following proof and information with his application, which shall be sworn to before a notary public. (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some company other than the name of the owner, then the name of the company shall be stated. se Accompanying the application shall be a signed copy of the agreement and con- tract between the owner and the company in whose name the auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. The permit is for the use and benefit of the company and not the owners. If any individual, the application shall so state. If a partnership, the partnership name and address shall be given to- gether with the names and addresses of all partners. If a corporation, the corporate names and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and re- quirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the cor- poration or partnership. All changes of such officers or partners shall be reported to the city clerk within ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by such corporation or partnership. (b) The application shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the city clerk, upon making application, a sum of money in the amount of fifty dollars ($50.00). Said sum shall be used to pay for the advertising of such application in the newspaper for three (3) consecutive days. Within fifteen (15) days after receiving such sum and qualifying data, the city clerk shall cause to be published in the newspaper for three (3) consecutive days a notice to all holders of auto wrecker permits and all other interested persons. Such notice shall advertise the time and place of a public hearing, which said hearing shall be held not less than five (5) nor more than fifteen (15) M days from the date of the first publication. Such notice shall give the name of the applicant, the name of the business under which the applicant proposes to operate and any other pertinent data that the city clerk may deem necessary. If such deposit is in excess of the cost of advertising, the city clerk shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the city clerk shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or not the application for auto wrecker permit will be granted, based upon number of permits outstanding and whether or not the granting of the application will create public inconvenience, shall be heard before the committee at the time and place designated. (d) The committee may have in attendance at such hearing a representative from the city legal department, a reporter, and any other person that it may deem necessary to conduct said hearing. At the time of the hearings and in- vestigation with reference to whether or not the application for an auto wrecker permit shall be granted, based upon the number of outstanding permits and whether or not the public would be inconvenienced by the issuance of such permit or permits the committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of the protestants and their witnesses and shall have the right to call such other witnesses as the committee may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committed shall take into consideration the following: 1. The financial responsibility of the applicant. 2. The number of vehicles to be operated. 3. Make, model and type of vehicle or vehicles to be operated by the applicant. N 4. That applicant has a properly fenced storage facility for wrecked vehicles; size of business location and lot. 5. Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer-employee re- lationship. 6. Whether the applicant proposes to own, rent or lease the vehicle to be used. 7. The number of outstanding auto wrecker permits. 8. Whether a greater number of auto wrecker permits are desirable considering traffic and safety in the City of Baytown. 9. Any and all other facts the committee may deem revelant. Section 6-8. Granting of application for auto_ wrecker permit. If the committee finds after the hearing and investigation that a greater number of auto wrecker permits are desirable and that the granting of the application would not create a public inconvenience, the committee shall then instruct the city clerk to notify the applicant in writing within ten (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county, and city laws and ordinances and rules promulgated by the Chief of Police of the City of Baytown. The committee shall also instruct the city clerk to publish an official notice of its finding in the newspaper within such time. -10- Section 6-9. Denial of application for auto wrecker permit. If the committee finds from its hearings and investigation that a greater number of auto wrecker permits would not be desirable and that granting the ap- plication would create a public inconvenience, it shall instruct the city clerk to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the city council, is hereinafter provided, is denied, or the decision not having been appealed to the Council, shall not be permitted to make another application for six (6) months from the date of his filing of the application for the auto wrecker permit. Section 6-10. Appeal from the findin s of the council wrecker committee. After the committe has made its findings and declares same the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal ten (10) days from the receipt of the city clerk's written notice or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the city clerk stating that an appeal from the decision of the committe is desired. The city clerk shall notify the city council of such appeal, and the council, as soon as practicable, after receiving said notice of appeal together with the findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the city council shall sustain, modify or reverse the findings made by the committee and shall so notify the city clerk of its findings. The findings of the city council shall be final. If no appeal is made to the city council from the committee's decision within ten (10) days, as indicated above, then such decision shall become final. Section 6-11. Fee for auto wrecker permi_ts_. The permit fee to operate an auto wrecker or auto wreckers shall be one hundred twenty-five and no/100 ($125.00) dollars per year for each auto wrecker -11- which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding 31st day of December. If a permit is granted subsequent to the first day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. Section 6-12. Issuance of auto wrecker permits. After the owner has filed his application for an auto wrecker permit, a hearing held and it is found that a greater number of auto wreckers are desirable, and that granting the permit would not create a public inconvenience, and the applicant has filed the required insurance, and the city clerk and city attorney have examined same and found them to be in compliance with the terms of this chapter, the city clerk shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, medallion number and the license number of the auto wrecker. Medallions shall be issued by the City Clerk to be attached to the auto wrecker. The medallions are and shall always remain the property of the City of Baytown. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unlawful for the owner of said permits to retain such medallions, and he shall surrender the medallion or medallions covered by such permits to the city clerk immediately upon notification of such suspension or revocation. The committee is hereby em- powered to prescribe regulations for the displaying of signs and location of medallions on auto wreckers showing that the same have been licensed as herein provided. Section 6-13. Revocation of suspension of auto wrecker or towing vehicle permits. (a) Upon a complaint being filed by any person with the city manager of a violation of any of the terms or provisions of this chapter, the vi- olation of any of the laws of the state, federal, or city government, or the violation of any of the rules and regulations promulgated by the Chief -12- of Police of the City of Baytown, or upon motion of any member of the com- mittee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evi- dence with reference to such complaint or motion. Should such hearing reveal a violation of any of the terms of this chapter, the laws of this state or federal government or other ordinances of the city, or the rules and regu- lations promulgated by the Chief of Police of the City of Baytown, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. Section 6-13. Towing vehicles, auto wreckers. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of a towing vehicle or auto wrecker, it shall make its findings and direct the city clerk to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hearing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the city council within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter address and delivered to the city clerk, stating that an appeal is desired from the revocation of the committee. The city clerk shall notify the city council of such appeal, and the council, as soon as practicable thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the city council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the decision of the committee shall be final. Section 6-14. Transfer of auto wrecker permits. Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file -13- an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The city clerk shall, upon the payment of a twenty- five dollar ($25.00) transfer fee, issue the owner a new permit covering the new auto wrecker, as provided in section 6-12 hereof, and cause the old auto wrecker permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Section 6-15. Permits are personal to owners thereof. There shall be no changes in ownership, contract between the owner and the company in whose name the auto wrecker is operated or any other facts stated in the original application for towing vehicle permit or auto wrecker permit unless any proposed changes have been submitted to the city clerk expressly and approved by the wrecker committee. If such proposed changes are approved by the wrecker committee, it shall be the responsibility of the permit holder to furnish the city clerk with copies of instruments or information which has been approved for change. Any request for change of any type shall be subject to a twenty-five dollar ($25.00) fee, if approved. A denial of any requested change may be appealed to city council, in compliance with the terms of section 6-10 hereof. Upon can- cellation of any permit, no portion of the permit fee shall be refunded to the owner thereof. Section 6-16. Ad valorem taxes. (a) It shall be unlawful for any person, corporation or partnership to use the streets of the city for the operation of a towing vehicle or auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of auto wrecker service shall have been first paid. (b) The owner or operator of any property used and useful in the furnishing of auto wrecker or towing vehicle shall, on or before the 31st day of January of -14- each year, furnish the city clerk with satisfactory evidence that all ad valorem and other taxes due the city have been duly paid. If an investigation by the city clerk discloses that such taxes were not in fact paid, the owner's permit shall be automatically suspended, and if such taxes are not paid in full within sixty (60) days thereafter, the committee may cause such permit to be indefinitely suspended, cancelled or revoked. Section 6-17. Regulationson operations. (a) Regulation of operation of auto wreckers and towing vehicles and the activities related to the operation of auto wreckers and towing vehicles shall be governed by rules and regulations promulgated by the Chief of Police of the City of Baytown as approved by the wrecker committee. Such rules and regulations shall not be inconsistent with any of the terms and provisions of this chapter and shall be those rules deemed necessary for the protection of the public safety and welfare of the public, including but not limited to the method of dispatching auto wreckers, rules for operations of auto wreckers, specifications of equipment, equipment and supplies required for auto wreckers, method of identification of auto wrecker and duties of auto wrecker drivers at the scene of an accident. The Chief of Police shall file such rules with the City Clerk and cause the City Clerk to serve copies of such rules on all licensees at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated and the effective date thereof. Any person shall have the right to appeal to the wrecker committee with regard to any rules and restrictions promulgated by the Chief of Police felt by such permit holder to be unduly onerous. The appeal shall be in the form of a letter addressed to the city clerk stating that an appeal from a rule or regulation of the Chief of Police of the City of Baytown is desired. The city clerk shall notify the wrecker committee of such appeal, and the committee, as soon as practical, after receiving notice of appeal of such rule or regulation, shall approve or disapprove and invalidate said rule or regulation. Ir, Section 6-18 Permissible fees and charges. (A) (1) The standard charge for a "normal tow" from the scene of the accident in the city limits of Baytown to the place of business of the wrecker operator, or other location instructed by the owner, will not exceed seventeen and 50/100 dollars ($17.50). This charge will apply either day or night, holidays or Sundays. If the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed to a location specified in the wrecker ticket, there may be an ad- ditional charge of seven and 50/100 dollars ($7.50). For trans- ferring the vehicle within the city limits, a normal tow is defined as picking up the vehicle or moving and towing the vehicle from the street to a location. There will be no addi- tional 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. (2) An additional charge may be made for the following additional labor that is not required in a normal tow, to -wit: (a) An additional charge, not to exceed ten dollars ($10.00), may be made for a ditch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed five dollars ($5.00) may be made for disengaging and removing the drive shaft, or for other exceptional labor. (3) A charge not to exceed forty dollars ($40.00) may be made when it is required to "airplane" a wrecker vehicle; i.e. to com- IF_ pletely pull the wrecked vehicle upon the wrecker. This charge shall be all inclusive, and no other charge may be imposed when it is made. (4) Except in the event of an airplane charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be thirty-two dollars and fifty cents ($32.50). (5) A charge not to exceed two dollars ($2.00) per day may be made for the storage of wrecked vehicles. A "day" shall mean a "twenty --four hour period" beginning at the time the vehicle enters the storage yard. (B) Every holder of an auto wrecker permit and those towing vehicle permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the City of Baytown con- taining the following information: (1) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of parts of vehicle that have been damaged. (5) Itemized list of services to be performed, charges for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer. (C) It shall be unlawful and a violation of the term and provisions of this chapter for any person to pay or receive any remuneration not speci- fically provided for in this chapter. Section 6-19 Auto wrecker driver's permit. (a) It shall be unlawful for any person to drive or operate a towing vehicle within the City of Baytown without first having secured an auto wrecker -17- driver's permit duly issued said person by the city clerk. (b) Each and every applicant for an auto wrecker driver's permit shall be a citizen of the United States, shall be at least eighteen (18) years of age, and shall have operated a motor vehicle in and upon the streets of the city for at least two (2) years immediately prior to the filing of application for an auto wrecker driver's permit. (c) It shall be unlawful for any owner to permit any person to drive or operate an auto wrecker without such driver first having obtained an auto wrecker driver's permit duly issued by the City of Baytown. (d) Any person desiring to drive an auto wrecker shall file an application for an auto wrecker driver's permit with the city clerk, on application forms to be furnished by the city clerk. Said forms shall provide for the applicant's name, age, present address, last address, last place of employment, whether the applicant has been convicted of a motor vehicle traffic or criminal law of the city, or the State of Texas, or any other state, or federal law, with a space sufficient for particulars concerning such violation, if any, and the length of time the applicant has driven a motor vehicle and the number and type of license to drive issued to applicant by the State of Texas." After filling in the above described form, the applicant shall sign same and shall swear to the truthfulness of the answer made in said application before a notary public. The municipal court judge shall examine the application and then shall de- termine whether or not the applicant meets the requirements of this section. The judge shall made a report of his decision to the city clerk. Should the judge determine that an applicant is unfit to be licensed under the provi- sions of this section, an appeal may be had from his decision to the committee by filing a letter with the city clerk requesting such appeal within ten (10) days after the city clerk's receipt of the judge's decision. No applicant driver shall be licensed to drive a wrecker if he has had three (3) or more convictions for moving violations in the previous twelve (12) months or five (5) or more in the previous twenty-four (24) months. Once a person becomes -18- a licensed wrecker driver, he may have his permit revoked by the committee it he demonstrates an unsafe driving record by the occurrence of accidents while operating a wrecker, or otherwise or for being convicted of two (2) or more moving traffic violations within a twelve (12) month period while operating a wrecker, or a total of four (4) such violations including non - wrecker violations. Section 6-20 Emergency permit. If permit holders under this chapter do not have the equipment necessary to perfect any specific task, the city manager of the City of Baytown or his designee is authorized to issue an EMERGENCY PERMIT for the performance of this task. There will be no fee associated with the issuance of this EMERGENCY PERMIT. Section 2: Penalty Clause: Any person who shall violate any provision of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than Ten ($10.00) Dollars, nor more than Two Hundred ($200.00) Dollars. Each day of the continuance of such violation shall be considered a separate offense and each and every day shall constitute a separate violation. Section 3: Repealing Clause: 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 ordi- nances regulating and governing the subject matter covered by this ordinance. Section 4: Savings Clause: 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 -19- 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: Effective Date: 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 days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, Texas, this ATTEST: EDNA OLIVER, City Clerk APPROVED: —hwlzcloj�� NEEL ICH DSON, City Attorney 28th day of November 1972. I C. GLEN WALKER, Mayor -20- ORDINANCE NO. 1304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LOVELACE CONSTRUCTION COMPANY FOR THE CON- STRUCTION OF SANITARY SEWAGE LIFT STATIONS, JOB NO. 44A, CONTRACT NO. 2, FOR THE SUM OF FIVE HUNDRED SEVENTY -FOUR THOUSAND TWO HUN- DRED FIFTY -TWO AND NO /100 ($574,252.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. WHEREAS, the City Council of the City of Baytown, Texas, did authorize Langford Engineering Company, Consulting Engineers to the City of Baytown, to advertise for bids for the construction of sanitary sewage lift stations in the City of Baytown to be received November 21, 1972; and WHEREAS, notice to bidders as to the time and place, when and where the contract for said construction would be let was published pursuant to provisions of Vernon's Civil Statutes, Article 2368a; and WHEREAS, all bids were opened and publicly read at City Hall at 5:00 p.m., Tuesday, November 21, 1972, as per the published notice to bidders. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby accepts the bid of Lovelace Construction Company for the construction of sanitary sewage lift stations, Job No. 44A, Contract No. 2 for the sum of Five Hundred Seventy -Four Thousand Two Hundred Fifty -Two and No /100 ($574,252.00) Dollars ac- cording to the plans and specifications set forth by the Consulting Engineers, and the Mayor and City Clerk of the City are hereby authorized and directed to execute and attest to a contract with Lovelace Construction Company for the con- struction of said sanitary sewage lift stations, containing the plans, specifi- cations and requirements of the Consulting Engineers and appropriate bond and drawn provisions in accordance with the provisions of Vernon's Civil Statutes, Article 2368a. INTRODUCED, READ and PASSED by the affirmative vote of the City Council on this 28th day of November , 1972. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: L-It'uj e4'tiZL4L' ---- -- NEEL RIC ARDSON, City Attorney -2-