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Ordinance No. 3,24911029 -1a ORDINANCE NO. 3249 ORDINANCE AUTHORIZING ISSUANCE OF $2,000,000 PERMANENT IMPROVEMENT BONDS, SERIES 1981; APPROPRIATING $2,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City of Baytown, Texas (the "City "), on the 9th day of June, 1981; and WHEREAS, the City Council now deems it advisable to issue, sell, and deliver $2,000,000 bonds for the purposes shown in the following schedule as a portion and the first installment of $23,290,000 bonds voted at said election: Amount Amount Previously Purpose Authorized Issued Waterwks. Sys.$ 3,540,000 $ -0- San. Sew. Sys. 6,340,000 -0- Drainage 4,000,000 -0- Streets 4,940,000 -0- Fire Station 2,180,000 -0- Parks 2,290,000 -0- $23,290,000 $ -0- Amount Being Unissued Issued Balance $ 200,000 $ 3,340,000 1,150,000 5,190,000 170,000 3,830,000 -0- 4,940,000 230,000 1,950,000 250,000 2,040,000 $2,000,000 $21,290,000 WHEREAS, the City Council has caused a notice of sale of such bonds to be published in the TEXAS BOND REPORTER which is a publication carrying municipal bond notices and devoted primarily to financial news and in the BAYTOWN SUN which is the official newspaper of the City, said notice having been published in each said publication at least ten days prior to the date set for the sale of said bonds; and WHEREAS, bads have been received pursuant to said publi- cations of said notice and the City Council desires to autho- rize the issuance of said bonds and award the sale thereof on the basis of the best bid received; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: 11029 -1b Section 1(a). The ordinance heretofore adopted by the City Council on the 14th day of May, 1981, authorizing the issuance of the bonds described in the preamble of this ordi- nance and calling an election therefor is hereby in all things ratified and confirmed. Section l(b). All the matters and facts recited in the preamble hereof are hereby officially found to be true and correct. ' Section 2. The City's negotiable, serial, coupon bonds to be designated CITY OF BAYTOWN, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1981 (hereinafter called the "Bonds "), are hereby authorized to be issued and delivered in the aggregate prin- cipal amount of $2,000,000 for the following purposes: (1) $200,000 for constructing improvements to the City's waterworks system; (2) $1,150,000 for constructing improvements to the City's sanitary sewer system; (3) $170,000 for constructing permanent drainage improvements for the City; (4) $230,000 for constructing and permanently equipping fire station buildings for the City; and (5) $250,000 for purchasing and /or improving lands for park purposes for the City. Section 3. The Bonds shall be dated October 1, 1981, shall be numbered consecutively from 1 through 400, and shall be in the denomination of $5,000 each, and shall mature serially on February 1 of each of the years, and in the amounts, respec- tively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1983 $100,000 1989 $150,000 1984 100,000 1990 175,000 1985 125,000 1991 200,000 1986 125,000 1992 225,000 1987 150,000 1993 250,000 1988 150,000 1994 250,000 The Bonds may be redeemed prior to their schedulers maturities, -2- 11029 -1c at the option of the City, on the dates stated and in the man- ner provided in the FORM OF BOND set forth in this ordinance. Section 4. The Bonds shall bear interest per annum at the following rates, respectively, to -wit: Bonds maturing 1983 through 19 _U, 11.70% Bonds maturing 19_8_7 through 19,, 11.20% Bonds maturing 1988 through 19`, 10.20% Bonds maturing 19 89 through 19l, 10.40% Bonds maturing 1990 through 19_, 10.60% Bonds maturing 1991 through 19_, 10.800 Bonds maturing 19 92 through 1994, 11.00% Bonds maturing 19� through 19_, % evidenced by interest coupons which shall appertain to the Bonds and which shall be payable on the dates indicated in the FORM OF BOND set forth in this ordinance. Section 5. The Bonds, and the interest coupons apper- taining thereto, shall be payable, shall have the character - istics, and shall be signed and executed (and the Bonds shall be sealed), all as provided and in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 6. The form of the Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of Texas to be printed and endorsed on each of the Bonds, and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of the Bonds, shall be, respectively, substantially as follows: NO. FORM OF BOND: UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CF.AMBERS -3- $5,000 11029 -1d CITY OF BAYTOWN, TEXAS PERMANENT IMPROVEMENT BOND SERIES 1981 ON FEBRUARY 1, 19 , the CITY OF BAYTOWN (the "City "), in the Counties of Harris and Chambers, in the State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable August 1, 1982, and semiannually thereafter on each February 1 and August 1 while this Bond is outstanding. The principal of this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon at the CITIZENS BANK & TRUST CO. OF BAYTOWN, Baytown, Texas, which shall be the paying agent for this series of Bonds. THIS BOND is one of a series of negotiable, serial, cou- pon bonds, dated October 1, 1981, numbered consecutively from 1 through 400, in the denomination of $5,000 each, issued in the aggregate principal amount of $2,000,000 for the following purposes: (1) $200,000 for constructing improvements to the City's waterworks system; (2) $1,150,000 for constructing improvements to the City's sanitary sewer system; (3) $170,000 for constructing permanent drainage improvements for the City; (4) $230,000 for constructing and permanently equipping fire station buildings for the City; and (5) $250,000 for purchasing and /or improving lands for park purposes for the City; in accordance with Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, as amended, and pursuant to an election held within the City on the 9th day of June, 1981, and authorized pursuant to an ordinance duly adopted by the City Council of -4- 11029 -1e the City entitled ORDINANCE AUTHORIZING ISSUANCE OF $2,000,000 PERMANENT IMPROVEMENT BONDS, SERIES 1981; APPROPRIATING $2,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally passed on the 29th day of October, 1981, this Bond being one of a series of Bonds which constitutes a portion and the first in- stallment of $23,290,000 bonds voted at the aforesaid election. ON FEBRUARY 1, 1990, OR ON ANY INTEREST PAYMENT DATE THERE - AFTER, the outstanding Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the prin- cipal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption, the City shall cause a written notice of such redemption to be mailed to the bank at which the Bonds are payable and published at least once in a financial publication published in the City of New York, New York, or in the City of Austin, Texas. By the date fixed for any such redemption, due provision shall be made with the paying agent for the payment of the required redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities; and they shall not be regarded as being outstanding except for the purpose of being paid by the paying agent with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; and that annual -5- 11029 -1f ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond,-as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged for such payment within the limits prescribed by law. IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the facsimile signa- ture of the Mayor of the City and countersigned with the fac- simile signature of the City Clerk of the City, respectively, and the official seal of the City has been duly impressed, or placed in facsimile, on this Bond. COUNTERSIGNED: xxxxxxxxxx Mayor xxxxxxxxxx CITY OF BAYTOWN, TEXAS City Clerk CITY OF BAYTOWN, TEXAS (SEAL) FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, cer- tified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS my signature and seal this xxxxxxxxxx (SEAL) Comptroller of Public Accounts of the State of Texas NO. FORM OF INTEREST COUPON: ON 1, 19 , the CITY OF BAYTOWN, in the Counties of Harris and Chambers, State of Texas, promises to pay to bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provision has been made for the redemption prior -6- 11029 -1g to maturity of the Bond to which this coupon appertains, upon . presentation and surrender of this interest coupon, at the CITIZENS BANK & TRUST CO. OF BAYTOWN, Baytown, Texas, said amount being interest due that day on the Bond bearing the number hereinafter designated of that issue of CITY OF BAYTOWN, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1981, dated October 1, 1981. Bond No. xxxxxxxxxx xxxxxxxxxx City Clerk Mayor Section 7. A special fund or account, to be designated the "City of Baytown, Texas, Permanent Improvement Bonds, Series 1981, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund "), is hereby created and shall be established and maintained by the City at an official deposi- tory bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaid, the City Council of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures but never less than 2% of the original principal amount of the Bonds as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquen- cies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be -7- 11029 -1h levied, against all taxable property in the City for each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit.of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment within the limits prescribed by law. Section 8. Immediately following delivery of the Bonds to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund. Section 9. There is hereby appropriated out of the pro- ceeds of sale of the Bonds authorized by this ordinance the fol- lowing sums for the following indicated purposes, respectively: (1) $200,000 for constructing improvements to the City's waterworks system; (2) $1,150,000 for constructing improvements to the City's sanitary sewer system; (3) $170,000 for constructing permanent drainage improvements for the City; (4) $230,000 for constructing and permanently equipping fire station buildings for the City; and (5) $250,000 for purchasing and /or improving lands for park purposes for the City. It is hereby estimated that the maximum cost, respectively, for each of the aforesaid projects will not exceed the amount named above for each such project, respectively; and there is no necessity for any down payment on these projects; and no such down payment is hereby ordered to be made. It is hereby officially found and determined (1) that the probable period of usefulness of each of the aforesaid projects is forty years, and (2) that all of said projects are related projects within the meaning of Section 61 of the Home Rule Charter of the City. Section 10. Out of the proceeds of sale of the Bonds authorized by this ordinance the following sums are hereby 11029 -1i ordered to be used and expended for the following indicated • purposes, respectively: (1) $200,000 for constructing improvements to the City's waterworks system; (2) $1,150,000 for constructing improvements to the City's sanitary sewer system; (3) $170,000 for constructing permanent drainage improvements for the City; (4) $230,000 for constructing and permanently equipping fire station buildings for the City; and (5) $250,000 for purchasing and /or improving lands for park purposes for the City;, as provided in the ordinance adopted on the 14th day of May, 1981, calling the bond election which was held in the City on the 9th day of June, 1981. Section 11. The City certifies that based upon all facts and estimates now known or reasonably expected to be in exis- tence on the date the Bonds are delivered and paid for, the City reasonably expects that the proceeds of the Bonds will not be used in a manner that would cause the Bonds or any portion of the Bonds to be an "arbitrage bond" under Section 103(c)(2) of the Internal Revenue Code of 1954, as amended, and the regulations prescribed thereunder. Furthermore, all officers, employees and agents of the City are authorized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the City as of the date the Bonds are delivered and paid for. In particular, all or any officers of the City are authorized to certify for the City the facts and circumstances and reasonable expectations of the City on the date the Bonds are delivered and paid for regarding the amount and use of the proceeds of the Bonds. Moreover, the City covenants that it shall make such use of the proceeds of the Bonds, regulate investments of proceeds of the Bonds and take such other and further actions as may be required so that the Bonds shall not be "arbitrage bonds" under Section 103(c)(2) MOM 11029 -1j of the Internal Revenue Code of 1954, as amended, and the regu- lations prescribed from time to time thereunder. Section 12. The Mayor of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registra- tion Certificate prescribed herein to be printed and endorsed on each Bond; and the seal of the Comptroller shall be im- pressed, or placed in facsimile, on each of the Bonds. Section 13. The Bonds are hereby sold and shall be de- livered to Underwood, Neuhaus & Co., Inc. for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ , subject to the un- qualified approving opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas and of Vinson & Elkins, Houston, Texas, market attorneys; and it is hereby officially found, determined, and declared that the Bonds are sold on the best terms and for the best price possible. Section 14. The approving opinion of Vinson & Elkins, Houston, Texas, and Cusip numbers may be printed on the back of each of the Bonds, but errors or omissions in such opinion, or errors in or omissions of such numbers, shall have no effect on the validity of the Bonds. Section 15. The Mayor and all other appropriate officers of the City are hereby authorized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. -10- 11029 -1k Section 16. This ordinance was read once by the City Council and shall take effect i=ediately. Section 17. The official Notice of'Sale, Official State- went and Official Bid Form submitted to the City Council are hereby approved for use in connection with the solicitation of bids for and sale and distribution of the Bonds. Section 18. It is hereby officially found and determined that the need of the City for such financing creates an emer- gency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordi- nance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, is hereby authorized, approved, adopted and ratified. PASSED, AUTHENTICATED, AND APPROVED this 29th day of October, 1981. ATTEST: City Clerk CITY OF BAYTOW�, TEXAS APPROVED: City Attorney CITY OF BAYTOWN, TEXAS (SF_AL ) Mayor CITY OF BAYTOWN, TEXAS -11- Published: The Ba%'town Sun 111.12 -1. Tuesday, November 17, 1981 Wednesday, November 18, 1981 r )PT I--)I dA" ;CF; N0. 3249 -A AN ORDINANCE AMENDING CHAPTER 6 OF THE BAYTOWN CODE OF ORDINANCES, BY THE PLACEMENT OF A REVISED CHAPTER ENTITLED "AUTO WRECKERS "; REGULATING WRECKER FEES; PROVIDING DEFINITIONS; ESTABLISHING A PERHIT PROCESS; ESTABLISHING PERMIT FEES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A `iAXIniUPd PENALTY OF ?200.00; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section l: That the Code of Ordinances of the City of Baytown is hereby amended by the replacement of Chapter 6, with a new Chapter 6, entitled "Auto Wreckers" which will read as follows: Chapter 6 Auto Wreckers Article I. General Sec. 6 -1. Definitions. (a) Auto wrecker. 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 due to a collision, from the scene of an accident to another location for any purpose, including, but not limited to, the purpose of wrecking, storing or repairing the vehicle. (b) Auto wrecker company. Any person, partnership, company, corporation or other organization engaged in the business of operating auto wreckers. (c) Person. The term "person ", shall include both the singular and plural and shall mean and include any individual, firm, corporation, association or partnership. (d) Owner. The term "owner ", as used in this chapter, shall be construed to mean any person engaged in the busi- ness 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 auto and who uses same in the conduct of his business or any .r °t thereof. (e) Auto wrecker permit. Permit issued to all auto wrecker companies that are on the rotation list, signifying that the auto wreckers of that auto wrecker company may be dispatched to the scene of an accident. A copy of the rota- tion list shall be issued to all auto wrecker companies on said list. 11112 -1a (f) Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusi- vely upon stationary rails or tracks. (g) Committee. The term "committee ", as used in this chapter, shall mean the auto wrecker committee. The committee shall be composed of five (5) citizens not in the auto wrecker business. Three (3) of the initial five (5) committee members shall be designated by city council to serve one - year terms. Subsequent terms of all committee members shall be for two (2) years. Appointments shall be made in April of each year. Each April after the appointment of new members a Chairman and Vice- Chairman shall be elected by all members of such committee by majority vote. Sec. 6 -2. Penalty. Any person who shall violate any provision or provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $200.00. Each day's violation shall constitute a separate offense. Sec. 6- 3 - -6 -9. Reserved. Article II. Police Initiated Towing Service Sec. 6 -10. Auto wreckers to be dispatched from rotation list. (a) The police officer at the scene of the accident shall inquire of the owner or operator of the vehicle or vehi- cles involved as to his selection of a wrecker company to tow his disabled vehicle. Such selection shall be limited to the auto wrecker companies which are on the rotation list. The owner or operator shall be limited to one selection. If the officer on the scene determines that that wrecker company se- lected is unavailable, then the officer shall proceed in accor- dance with subsection (b) hereof. In any event, the above shall not apply if the owner or operator is in a con(lition that renders him unable to make a selection. (b) The police officer at the scene of the accident shall request an auto wrecker be dispatched from the rotation list. The owner or operator may designate where the wrecked vehicle is to be taken. (c) It shall be an offense for a person to have an auto wrecker within 500 feet of the scene of an accident unless the auto wrecker is dispatched to the accident by the police department. (d) It shall. be an offense for a person to use an auto wrecker to move a vehicle from the scene of an accident without obtaining an auto wrecker permit. (e) It shall be an offense for a person to use an auto wrecker to move a vehicle from the scene of an accident until directed to do so by the police department or the police officer at the scene of the accident. (f) It shall be an offense for wrecker drivers, owners or their agents to solicit the business of towing, removing or repairing any wrecked or disabled vehicle at the scene of an accident by words, cart's, circulars or gestures. -2- 11112 -1b Sec. 6 -11. Rotation list. The police department shall keep a rotation list, which shall be a list of the auto wrecker companies that may move vehicles from the scene of an accident. The chief of police or his designate shall call auto wreckers companies to the scene of an accident on a rotation basis, distributing the calls on an equitable basis from the rotation list. Each auto wrecker company shall be entitled to one listing on the rotation list. This listing designates the auto wrecker company's sequential turn on the rotation list and does not limit the number of auto wreckers that may be owned by an auto wrecker company. (b) If permit holders under this chapter do not have the equipment necessary to perfect any specific task, the chief of police 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 permit. Sec. 6 -12. Application for auto wrecker permit. (a) Any auto wrecker company that desires to be placed on the rotation list shall apply to the city clerk for an auto wrecker permit. (b) An auto wrecker company must submit the following information on its wrecker permit application: (1) The name and address of the owner and the name of his company. (2) Amount of parking available, to -wit: adequate space to keep cars and wreckers off the street; (3) Make, model, and type of vehicle or vehicles to be operated by the applicant; (4) Whether the vehicle or vehicles shall be operated by the owner or his employee with bona fide employer - employee relationship; (5) Whether the applicant proposes to own, rent or lease the vehicle or vehicles to be used; (6) Proof that the applicant has a storage area suitable for the protection of stored vehicles and fenced as required by city ordinance: (7) Proof of insurance coverage of no less than TEN THOUSAND & N01100 ($10,000.00) Dollars 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 ($20,000.00) Dollars for bodily injury to or death to two (2) or more persons in any one accident, and in the amount of TEN THOUSAND ($10,000.00) Dollars for injury to or destruction of property of others in any one accident. Insurance coverage means an insurance policy or policies and /or a certi- ficate, or certificates of insurance covering all 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 -3- 11112 -1c policies or certificates of insurance, must show the year, make and model, state license number and motor number of all auto wreckers which have been authorized or may be 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. (8) Proof that all city taxes have been paid. (9) Proof that an inspection has been performed by the Chief of Police or his designate for proper equipment required to be on each wrecker as hereinafter stated. (10) 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 & NO/100 ($50.00) Dollars. Said sum shall. be used to pay for the advertising of such application. 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) days from the first publi- cation. 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. (c) Before an auto wrecker company is given a auto wrecker permit there shall be a determination made of whether public convenience and necessity requires the issuance of additional permits. (1) There shall be held, in a public place, a hearing on each application for an auto wrecker permit before the wrecker committee. (2) The burden of proof shall be on the applicant to establish by clear, cogent, and convincing evidence that public convenience and necessity exist for the operation of the auto wreckers designated in the application. The committee shall hear all relevant evidence presented by the applicant, any protestants, and their witnesses, and shall have the right to call such other witnesses as the committee may deem necessary. 11112 -1d (3) In determining whether public convenience and necessity exists for the issuance of a auto wrecker permit, the committee shall take into consideration the following: (a) The information supplied on the applica- tion. (b) The number of auto wreckers then in existence and being used by auto wrecker companies already having auto wrecker permits. (c) Whether the requirements of public con- venience and necessity can be met and complied with only by the issuance of additional auto wrecker permits. (d) The resulting effect upon the business of holders of existing auto wrecker permits. (4) The committee shall make a determination of whether public convenience and necessity require the issuance of the auto wreckers permit based upon the evidence at the hearing and notify the applicant by written notice of its decision within 30 days of the hearing. (5) All auto wrecker companies operating auto wreckers with valid auto wrecker permits on the effective date of this chapter shall have the right to be issued a auto wrecker permit by accepting all the terms and conditions of this chapter and by complying with the same. It will not be necessary to have a hearing for these prior permit holders, for auto wrecker permits shall be issued upon hearings already had for the issuance of wrecker permits. (d) The annual auto wrecker company permit fee of $125.00 shall be submitted with the application. For each additional wrecker operating within a company, an additional fee of $25.00 will be charged. No charge will be made for the first auto wrecker permitted within a company. (e) The rotation list permit shall expire on December 31 each year, or at such time that a business is sold or transferred at which time permit holders shall be placed on a new rotation list upon payment of the annual permit fee. There shall be no proration of fees hereunder. Sec. 6 -13. Appeal of administrative decision. (a) Any person shall have the right to appeal any decision of the wrecker committee to the City Council of the City of Baytown by making written request to the city manager. Such request must be filed with the city clerk within fifteen (15) days after such person has been notified of the decision of the committee. -5- 11112 -1e (b) No person shall have any right to appeal for relief to any court in regard to any matter covered by this chapter until after such person has exhausted the appeal procedure provided for in this chapter. Sec. 6 -14. Regulations on operations. Regulation of operation of auto wreckers and the activities related to the operation of auto wreckers shall also be governed by rules and regulations promulgated by the chief of police of the City of Baytown as approved by the 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, including but not limited to, the method of dispatching auto wreckers, rules for operation of auto wreckers, specifications of equipment, equipment and supplies required for auto wreckers, method of identification of auto wreckers and duties of auto wrecker drivers at the scene of an accident. The chief of police shall serve such rules on all permitees at their registered addresses within fifteen (15) days of approved changes. Copies of such rules shall also be sent to all committee members. Such notices shall fully set out any rules promulgated and the effective date thereof. Sec. 6--15. Towing tickets required. (a) It shall be an offense for a person to use an auto wrecker to move a vehicle from the scene of an accident without completing an official towing ticket provided by the City of Baytown containing the following information: (1) Name and address of auto wrecker company; (2) Date, time and location of accident; (3) Place to which vehicle is to be towed; (4) Description of vehicle and general descript- ion of parts of vehicle that have been dama- ged; (5) Itemized list of wrecker service to be per- formed, charges for each, total charges, and all costs to be charged in transferring ve- hicles; (6) Places for signature of auto owner, driver or other person (including a police officer on the scene authorizing tow of vehicle); and (7) One copy of the towing ticket is to be given to the customer, one copy is to be given to the investigating police officer. (b) It shall be an offense for a person to charge another person for moving a vehicle from the scene of an accident a sum greater than that indicated on the wrecker ticket. Sec. 6 -16. Permissible fees and charges for police initiated towing services. It shall be an offense for an auto wrecker company to charge more than the following fees for towing services: 11112 -1f For transfering the vehicle within the city limits, a normal tow is defined as picking up the vehicle or moving and towing the vehicle from the scene of an accident to a location. 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. (a) 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 company or other location, will not exceed forty --five dollars ($45.00). This charge will apply either day or night, holidays or Sundays. (b) If the owner of the vehicle being towed specifies, at the scene of the accident, that the vehicle is to be towed to a place of business which, at that time, is not open for business or has no one on duty to receive the wrecked vehicle or if the owner of the vehicle being towed requires the vehicle to be moved or transferred and no location had been specified by him at the scene of the accident, there may be an additional charge of twenty dollars and no /100 ($20.00) for transferring the vehicle to the specified location as soon as that place of business is open for business. (c) An additional charge may be made for the following additional labor that is not required in a formal tow, to-wit: 1. An additional charge, not to exceed twenty dollars ($20.00), may be made for a winch pull and /or rollover in those cases where two (2) separate pulls with the wrecker's winch line are actually required. 2. An additional charge, not to exceed twenty dollars ($20.00) may be made for disconnecting and connecting the drive shaft, or for other exceptional labor. (d) A charge not to exceed sixty -five dollars ($65.00) may be made when it is required to use dolly wheels, i.e., to completely pull the wrecked vehicle upon the wrecker. This charge shall be all inclusive, and no other charge may be imposed when it is made. (e) Except in the event of an dolly wheel charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be eighty - five dollars ($85.00), not including transfer fees. (f) A charge not to exceed four dollars ($4.00) per day may be made for the storage of wrecked vehicles. A "day" shall mean a twenty - four -hour period be- ginning at the time the vehicle enters the storage yard. -7- 11112 -1g Sec. 6 -17. Suspension of auto wrecker permit. The auto wrecker committee may revoke or suspend for up to one year an auto wrecker company's auto wrecker 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 chapter, or viola- tion of any of the terms or provisions of this chapter by an auto wrecker company, its agent, employee, or owner; (2) Failure of an auto the requirements a cation for an auto (3) failure of an auto wrecker company to ment; wrecker company to meet s set forth in its appli- wrecker permit; wrecker owned by the auto have the following equip- 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 deter - minitation 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 Com- parative 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 (600) feet under normal atmospheric conditions at night time. No flare, fuse, electric lantern or warning flag shall be used for the pur- pose of compliance with the requirements of this section unless such equipment has been approved by the Texas Department of Public Safety. c) Tow bars equipped with rubber covering which covering shall be one inch in thickness and cover all of the bridle. The tow bar is a part of the auto wrecker 11112 -1h 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 swinging. In the alternative, a pliable non - scuffing sling may be used in lieu of the above described tow bars. d) Broom, shovel and sand box for use in cleaning up debris and oil. The wrecker driver must clean up and carry away all debris at the scene of an accident and sand all oil spills. e) Dolly wheels. (4) Disengaging from a wrecked vehicle and leaving it parked at a location other than the auto wrecker company's storage lot or a location requested by the owner of the wrecked vehicle. (5) Failure to arrive at the scene of an accident within a reasonable time after being dispatched by the police department. (6) Failure of an auto wrecker company to have its name permanently displayed on both doors of all auto wreckers it owns. The name shall be clearly visible and be written in letters at least four inches in height. (7) Failure of the auto wrecker company, its owner and /or employees, to provide satisfactory general services or to conduct itself in a reasonable manner. (8) Use by an auto wrecker company of an auto wrecker that is less than one ton in size or which is not equipped with a power operated winch, winch line, and boom, with a factory rated lifting capacity of not less than 6,000 pounds, single line capacity. Sec. 6- 18- -6 -19. Reserved. Article III. Notice of Use of Auto Wrecker Required. Sec. 6 -20. Notification. (a) It shall be an offense for a person to use a towing vehicle or an auto wrecker to move any vehicle from a location other than an accident scene unless authorized by the registered owner of said vehicle. (b) It shall be a defense to any prosecution of this section if: (1) the vehicle is moved as a result of police request or authorization; or (2) notice is given police department after the vehicle is moved by: 11112 -1i (a) making a verbal report to the police depart- ment within 2 hours after the vehicle is moved; (b) within 24 hours after the vehicle is moved personally delivering to the police department or mailing to the police chief written notice showing the year, make, model, and serial number of the motor vehicle, the location from which the vehicle was moved, the location to which the vehicle was moved, the person who authorized the move, and the reason given for having the vehicle moved. Section 2: All ordinances or parts of ordinances inconsis- tent 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 3: If any provision, section, exception, subsec- tion, 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 per- sons or sets of circumstances and to this end all provisions of this ordinance are decired to be severable. Section 4: Any person violating the provisions of this ordinance shall be punished by a fine of not more than Two Hundred and No /100 ($200.00) Dollars, and each violation shall constitute a separate offense. Section 5: 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 news- paper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of the -10- the City Council on this the 12th day of November 1981. IMETT 0. HUTTO, Mayor ATTEST: E LEEN P. HALL, City Clerk PPP 1.1112 -1,j 11029 -1 CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN § We, the undersigned officers of the CITY OF BAYTOWN, TEXAS (the "City "), hereby certify as follows: 1. The City Council of the City convened in special meeting on the 29th day of October, 1981, at the regular meeting place thereof, within the City, and the roll was called of the duly constituted offi- cers and members of the City Council and the City Clerk, to -wit: Emmett 0. Hutto Allen Cannon Perry M. Simmons Jimmy Johnson Mary E. Wilbanks Fred T. Philips Roy L. Fuller Eileen P. Hall Mayor Mayor Pro Tem Council Member Council Member Council Member Council Member Council Member City Clerk and all of said persons were present, except the following absentees: thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING ISSUANCE OF $2,000,000 PERMANENT IMPROVEMENT BONDS, SERIES 1981; APPROPRIATING $2,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance ") was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that the Ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of the Ordinance, prevailed and carried by the fol- lowing vote: AYES: All members of the City Council shown present above voted "Aye ". NAYS: None. 2. That a true, full and correct copy of the Ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certificate; that the Ordinance has been duly recorded in the City Council's minutes of said meeting; that the above and fore- going paragraph is a true, full and correct excerpt from the City Council's minutes of said meeting pertaining to the adoption of the Ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indicated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of the aforesaid meeting, and that the Ordinance would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of such meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 5252 -17, as amended. ,YGNED AND SEALED this 29th day f City Clerk (S E.LL ) of October, 1981.