Ordinance No. 10,257Published in the Baytown Sun on
February 15, 2006 and February
ORDINANCE NO. 10,257 17, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ARTICLE III "TOW TRUCKS" OF CHAPTER 102
"VEHICLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY
OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR
HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN,
TEXAS, BY ADDING AN ARTICLE TO BE NUMBERED AND ENTITLED
ARTICLE III "TOW TRUCKS" TO PRESCRIBE PROCEDURES FOR
CONSENT AND NONCONSENT TOWS; AND APPROVING A STANDARD
FORM TOW TRUCK AGREEMENT CORRESPONDING TO ARTICLE III
"TOW TRUCKS" OF CHAPTER 102 "VEHICLES FOR HIRE" OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS; CONTANING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100
DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Article III "Tow Trucks" of Chapter 102 "Vehicles for Hire" of the
Code of Ordinances of the City of Baytown, Texas, is hereby repealed.
Section 2: That Chapter 102 "Vehicles for Hire" of the Code of Ordinances of the
City of Baytown, Texas, is hereby amended by adding an article, to be numbered and entitled
Article III "Tow Trucks," which said article reads as follows:
CHAPTER 102 VEHICLES FOR HIRE
ARTICLE III. TOW TRUCKS
DIVISION 1. GENERALLY
Sec. 102 -136. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
City official is an employee of the city authorized by the city manager to initiate the
towing of a vehicle.
® Consent tow means any tow conducted with the permission of or at the direction of the
vehicle owner, the operator of the vehicle, or the vehicle owner's authorized representative from
the scene of a vehicle accident or similar event.
Heavy -fluty rotation list means the list of heavy -duty tow truck owners who have been
permitted by the city and have entered into a contractual relationship with the city to perform
heavy -duty nonconsent tows at the request of the city.
Nonconsent tow means any tow conducted without the permission of, or not at the
direction of, the vehicle owner. Nonconsent tow includes a tow made from the scene of a
vehicle accident or similar event after the vehicle owner fails to select a tow truck owner or after
the selected tow truck owner fails to respond within the time frame established in section 102-
174(x).
Regular rotation list means the list of tow truck owners who have been permitted by the
city and have entered into a contractual relationship with the city to perform nonconsent tows at
the request of the city. The regular rotation list shall be utilized for tows not requiring heavy -
duty tow trucks.
Tow truck means any vehicle or other mechanical device adapted or used for the purpose
of towing, winching, moving, carrying, pushing or otherwise transporting any vehicle. A tow
truck must be licensed by the state and meet the requirements of state law.
Tow truck owner means any person engaged in the business of towing vehicles for hire
or engaged in the business of storing, wrecking or repairing vehicles for hire and who owns or is
entitled to use any tow truck and who uses the tow truck in the conduct of business.
Tow truck permit means a permit issued to all tow truck owners that are on the heavy -
duty or regular rotation lists, signifying that the tow trucks of that tow truck owner may be
dispatched to the scene of an accident.
Tow truck ticket form means the form used by vehicle owners for the selection of tow
truck owners, which form is prepared and used as provided in this article.
Vehicle means every device in, upon or by which any person or property is or may be
transported or drawn upon a highway.
Vehicle owner means any person who holds the legal title of a vehicle or who has the
legal right of use or possession thereof. Such term includes the operator and authorized
representative of the owner of the vehicle.
See. 102 -137. Penalty.
Any person who shall violate this article shall upon conviction be punished as provided in
section 1 -14.
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® Sec. 102 -138. Tow truck committee; hearings
(a) There is created a tow truck committee. The term "committee," as used in this article
shall mean the tow truck committee. The committee shall be composed of five citizens
not in the tow truck business. Three of the initial five- committee members shall be
designated by the city council to serve one -year terms. The terms of the remaining initial
committee members and all subsequent terms of all committee members shall be for two
years. Appointments shall be made in April of each year.
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(b) The committee shall meet at least once each calendar quarter. At each meeting, the city
staff shall present a report on the operations and activities under this article. The
committee shall review each tow truck owners' activities for compliance with this article,
the tow agreement, the statutes, and rules and regulations that govern tow truck
operations and business. If the committee believes that one or more tow truck owners
may not be in compliance with this article, the tow agreement, the statutes, and rules and
regulations that govern tow truck operations and business, the committee shall set a
hearing on the matter.
(c) If a hearing is set by the committee, the tow truck owner shall be given notice of the
hearing and of the reason therefor. The notice must state that the tow truck owner will be
required to submit at the hearing proof of compliance with all applicable provisions of
this article, the tow agreement, the statutes, and rules and regulations that govern tow
truck operations and business. Such notice shall be mailed on or before the tenth day
before the date of the hearing before the committee.
(d) After the public hearing, the committee shall consider the evidence and arguments
presented at the hearing to determine whether the tow truck owner has violated this
article, the tow agreement, the statutes, and rules and regulations that govern tow truck
operations and business. If the committee finds that the tow truck owner violated such
article, the statutes, or rules and regulations, the committee shall take appropriate action
against the tow truck owner, which may include, but is not limited to, suspension of the
tow truck permit, which shall result in a suspension from the applicable rotation list for a
period determined to be appropriate by the committee. The committee shall reduce its
findings to writing and deliver the same to the applicable tow truck owner.
Sec. 102 -139. Appeal of decision of the tow truck committee.
(a) Any tow truck owner shall have the right to appeal any decision of the tow truck
committee to the city council 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 in writing of the decision of the committee and must state in detail the
reason for the appeal.
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(b) No tow truck owner shall have any right to appeal for relief to any court in regard to any
matter covered by this article until after such tow truck owner has exhausted the appeal
procedure provided for in this section.
(c) Upon hearing the appeal, city council may uphold, modify or reverse the decision of the
tow truck committee.
DIVISION 2. CONSENT AND NONCONSENT TOWS
Sec. 102 -166. Rotation lists.
(a) Regular rotation list.
(1) For a tow truck owner to be eligible to be placed on the regular rotation list, the
tow truck owner shall be permitted by the city to engage in nonconsent tows and
shall enter into a contract in the form and substance approved by the city attorney
for nonconsent tows.
(2) The regular rotation list shall be used to select the tow truck owner to respond to a
regular nonconsent tow authorized by the city. For each regular nonconsent tow,
the tow truck owner will be called on a rotating basis so that after a tow truck
owner has been called for a regular nonconsent tow, the tow truck owner shall be
moved to the bottom of the list and shall not be called again until all other tow
truck owners then on the regular rotation list have been called for a regular
nonconsent tow.
(3) A tow truck owner shall not pass a call for a regular nonconsent tow. A tow truck
owner may request in writing to be temporarily removed from the regular rotation
list. To be effective, the public safety communications division of the city must
receive such request prior to the public safety communications division
dispatching the tow truck company to the scene of an accident or similar event
from the rotation list.
(b) Heavy -duty rotation list.
(1) For a tow truck owner to be eligible to be placed on the heavy -duty rotation list,
the tow truck owner shall be permitted by the city to engage in heavy -duty
nonconsent tows and shall enter into a contract in the form and substance
approved by the city attorney for heavy -duty nonconsent tows.
(2) The heavy -duty rotation list shall be used to select the tow truck owner to respond
to a heavy -duty nonconsent tow authorized by the city. For each heavy -duty
nonconsent tow, the tow truck owner will be called on a rotating basis in a
rotation manner so that after a tow truck owner has been called for a heavy -duty
nonconsent tow, the tow truck owner shall be moved to the bottom of the list and
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+ shall not be called again until all other tow truck owners then on the heavy -duty
irotation list have been called for a heavy -duty nonconsent tow.
(3) A tow truck owner shall not pass a call for a heavy -duty nonconsent tow. A tow
truck owner may request in writing to be temporarily removed from the heavy -
duty rotation list. To be effective, the public safety communications division of
the city must receive such request prior to the public safety communications
division dispatching the tow truck company to the. scene of an accident or similar
event from the rotation list.
(c) Regardless of the procedure established by this article, certified law enforcement officials
shall control the scene of an accident in the manner they deem appropriate.
Sec. 102 -167. Vehicle storage facilities.
(a) A tow truck owner performing a nonconsent tow who tows a vehicle to a vehicle storage
facility shall tow the vehicle to a state - licensed vehicle storage facility within the
corporate limits of the city unless directed otherwise by the vehicle owner or a city
official.
(b) All yards and storage areas used to store vehicles towed pursuant to this article shall be
fenced and maintained in accordance with all applicable state laws and Chapter 18, article
XII of the code.
Sec. 102 -168. Solicitation of business prohibited.
It shall be an offense of a person to stop, park, halt or operate a tow truck within 500 feet
of the scene of a consent or nonconsent tow unless the tow truck owner is dispatched to the scene
by a city official.
Sec. 102 -169. Tow truck ticket form.
(a) Use.
(1) When a city official determines that a consent or nonconsent tow is required for
any vehicle, such official shall inquire of the vehicle owner, if available, as to the
location where the vehicle owner desires to have the vehicle towed.
(2) If the vehicle owner designates a tow truck owner to perform towing services, the
city official shall communicate the fact to the public safety communications
division, who shall call the designated tow truck owner to dispatch a tow truck to
the appropriate location.
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(3) A city official shall communicate with the public safety communications division,
who shall summon a tow truck owner from the appropriate rotation list to provide
towing services if:
the vehicle owner does not designate a tow truck owner to perform towing
services;
if. the tow truck owner selected by the vehicle owner fails to arrive at the
scene within the time period specified in section 102 -174 (a); or
iii. an abandoned or junked vehicle as defined in section 34 -91 of the Code of
Ordinances is seized by a city official.
(4) Upon the arrival of the tow truck at the location, the tow truck operator shall
request the vehicle owner to complete a tow truck ticket form designating the tow
truck owner that the vehicle owner desires to remove such vehicle. The vehicle
owner shall sign the tow truck ticket form. The tow truck operator shall give a
copy of the form to the vehicle owner and shall retain the original thereof. If the
owner of the vehicle is unable or unwilling to sign the tow truck ticket, the tow
truck owner shall indicated the reason for the lack of a signature on the ticket.
(5) It shall be unlawful for a tow truck company to use a tow truck for towing
services pursuant to this article without completing a tow truck ticket form.
(b) Content. The chief of police shall cause a tow truck ticket form to be prepared which
shall contain:
(1) the name and address of the tow truck owner, including the company's name and
address;
(2) the name and address of the driver of the towed vehicle;
(3) the make, model and serial number of the vehicle being towed;
(4) the date, time and location of tow;
(5) total amount charged for towing;
(6) location to where vehicle is towed;
(7) storage rate per day;
(8) description of all personal property within the disabled automobile at the time of
its removal;
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® (9) a statement by the vehicle owner either:
(a) designating in blank spaces therein both:
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(1) the tow truck owner that the vehicle owner desires to employ to
remove the vehicle, and
(2) the place to which the vehicle owner desires such vehicle to be
removed; or
(b) declaring that the vehicle owner has no preference as to which tow truck
owner to employ and designating in blank spaces therein the place to
which the vehicle owner desires such vehicle to be removed; and
(10) police department case number, if applicable;
(11) a space for the signature of the vehicle owner.
Sec. 102 -170. Influence by city officials as to selection of tow truck prohibited.
No city official shall, directly or indirectly, either by word, gesture, sign or otherwise,
recommend to any person the name of any particular person engaged in the tow truck service or
repair business; nor shall any such city official influence or attempt to influence in any manner
the decision of any person in choosing or selecting tow truck or repair service.
Sec. 102 -171. Impoundment of vehicles.
Any city official may direct that any vehicle towed, whether consent or nonconsent, be
taken by the tow truck operator towing the vehicle directly to the city pound or other place of
storage designated by the city, and there be held by the city for inspection or investigation.
Sec. 102 -172. Tow truck records.
(a) Maintenance of records. Each tow truck owner on either of the city's rotation lists shall
maintain at its garage or storage location, records as to all vehicles towed in accordance with the
provisions of this article. The records required to be kept by the each tow truck owner on either
of the city's rotation lists shall include the towing information form as described in section 102-
169 (b). The tow truck owner shall preserve the records for 12 months from the date the towed
vehicle is released from the possession of the tow truck owner.
(b) Records available to City. The records required to be maintained in accordance with the
provisions of this section shall be made available to city officials by the tow truck owner
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® between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, except on
nationally- recognized holidays.
Sec. 102 -173. Lien for towage and storage fees.
(a) When a vehicle has been towed and placed in storage, the tow truck owner who
performed the tow shall be required to notify the last -known registered owner and all lien
holders of record of the vehicle that the vehicle has been towed and stored. Such notice
must conform to the notice requirements of state law.
(b) The vehicle storage facility that provides notice of the possession of the vehicle to the
owner in accordance with the provisions of state law must also provide to the police
chief a copy of the certified, return receipt requested, letter of notice sent to the owner
and a copy of the certification paper received by the vehicle storage facility from the post
office after delivery of the certified notice.
Sec. 102 -174. Duty of tow truck operator.
(a) A tow truck owner who has been called from a rotation list to tow a vehicle shall arrive at
the location within thirty (30) minutes after the time the tow truck owner or his
representative was contacted and notified by the public safety communication division of
the tow and location.
(b) It shall be the duty of the tow truck owner responding to a consent or nonconsent tow to
clean up and remove the debris as directed by the city official.
DIVISION 3. PERMIT
Sec. 102 -196. Application.
(a) Any tow truck company that desires to be placed on the heavy -duty or regular rotation
list, as provided in division 2 of this article, shall apply to the city clerk for a tow truck
permit.
(b) A tow truck owner must submit the following information on its tow truck permit
application:
(1) The name and address of the owner and the name of his company;
(2) The amount of parking available, i.e., space to keep cars and tow trucks off the
street;
® (3) The make, model and type of vehicle(s) to be operated by the applicant;
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® (4) Whether the vehicle(s) shall be operated by the owner or his employee with a
bona fide employer - employee relationship;
(5) Whether the applicant proposes to own, rent or lease the vehicle(s) to be used;
(6) Proof that the applicant has a storage facility within the corporate city limits of the
City of Baytown, which is licensed by state law suitable for the protection of
stored vehicles and fenced as required by city ordinance;
(7) Proof of insurance coverage as required in the tow agreement and State law;
(8) Proof that the vehicle(s) have undergone and passed,an inspection performed by
the chief of police for proper equipment required to be on each tow truck as stated
in this division and in the tow agreement;
(9) Proof that the storage lot to be used by the applicant is currently licensed as an
automobile storage lot under the applicable statutes and regulations; and
(10) A completed tow agreement executed by the tow truck owner.
Sec. 102 -197. Fees.
(a) Application fee. The annual tow truck permit application fee of $75.00 shall be submitted
with the application. There shall be no proration of fees.
(b) Inspection fee. For each tow truck operating under a single tow truck permit, an
additional fee of $50.00 shall be charged for inspection of each tow truck for proper
equipment. There shall be no proration of fees.
(c) Fees due. All application and inspection fees shall be remitted at the time of submission
of the permit application.
Sec. 102 -198. Issuance.
(a) Subject to subsections (c) and (d) hereof, all tow truck permits shall be issued by the city
clerk upon the submission of a completed application, an executed tow agreement and the
successful inspection of the tow truck by the police department.
(b) A copy of the rotation list shall be issued to all tow truck owners on such list.
(c) Tow truck permits shall expire on December 31 of each year. Following approval by
annual inspection and the payment of the annual tow truck permit fee, the approved tow
® truck company shall be placed on a rotation list for that year.
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® (d) If a tow truck permit has been suspended during the permit year, issuance of a new
permit will be reviewed by the tow truck committee during December of such year. The
awarding of such permit shall be denied if the committee determines that the health,
general public safety and welfare of the citizens of the city demand such a result.
Sec. 102 -199. Transferability.
A tow truck owner permit shall be personal to the permittee and shall not be transferable.
See. 102 -200. Suspension.
(a) The tow truck committee may revoke or suspend in accordance with Section 102 -138 for
up to one (1) year a tow truck owner's tow truck permit for any of the following reasons:
(1) Violation of any of the laws of the state, federal or city government; commission
of an offense as defined by this article; or violation of any of the terms of this
article or the city tow agreement by a tow truck owner, its agents or employees.
(2) Failure of a tow truck owner to meet the requirements as set forth in its
application for a tow truck permit.
(3) Failure to abide by any of the terms of the tow agreement.
(4) Towing of a vehicle to an automobile storage lot not licensed by the state as an
automobile storage lot, unless the tow truck operator was directed by the owner or
operator of the towed vehicle to tow the vehicle to such unlicensed location.
(b) If the tow truck committee finds pursuant to section 102 -138 that a tow truck owner
failed to comply with section 102 -174, then the tow truck owner shall be suspended from
the rotation list:
(1) Thirty (30) days if the two truck owner has not within the last twelve months
failed to comply with section 102 -174; or
(2) One year if the tow truck owner has failed to comply with section 102 -174 within
the last twelve months.
(c) 'As used in this subsection, a "pass" shall be defined as when the public safety
communications division telephones a tow truck owner on the rotation list to perform a
nonconsent tow and is unable to contact the tow truck owner or the tow truck owner
refuses or declines to accept the telephone call or the tow truck owner refuses to accept
the tow. The tow truck owner shall be entitled to one (1) pass during a calendar month.
® In the event the tow truck owner passes two or more times during in a calendar month,
to
• the tow truck owner shall be subject to suspension from the rotation list for a period
deemed appropriate by the tow truck committee.
c:
Section 3: That the "Tow Agreement," which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, shall be the standard tow agreement which shall
be executed by the tow truck owners and the city as applicable pursuant to Article III "Tow
Trucks" of Chapter 102 "Vehicles for Hire" of the Code of Ordinances of the City of Baytown,
Texas, as adopted in Section 2 hereof.
Section 4: Any person who fails to comply with any provision of this ordinance shall
be guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding
FIVE HUNDRED AND N01100 DOLLARS ($500.00). Each act of violation and each day
upon which any such violation shall occur shall constitute a separate offense. In addition to the
penalty prescribed above, the city may pursue other remedies such as abatement of nuisances,
injunctive relief, administrative adjudication and revocation of licenses or permits.
Section 5: All ordinances or parts of ordinances inconsistent with the terms of this
ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of
such inconsistency and in all other respects this ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this ordinance.
Section 6: If any provision, section, exception, subsection, paragraph, sentence, clause or
phrase of the ordinance or the application of same to any person or the set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such invalidity shall not effect the
validity of the remaining provisions of this ordinance or their application to other persons or sets
of circumstances and to this end all provisions of this ordinance are declared to be severable.
Section 7: This ordinance shall take effect from and after ten (10) days from its passage
by the City Council. The City Clerk is hereby directed to give notice hereof by causing the
caption of this ordinance in the official newspaper of the City of Baytown at least twice within
ten (10) days after the passage of this ordinance.
INTRODU , READ, AND PASSED by the affirmative vote of the City Council of
Baytown, this the day of February, 2006.
r
CALVIN MUNDINGER, Mayor
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APPROVED AS TO FORM:
\ \Cobsrv2 \police \Users \Daniel Jackson \Tow Trucks \Tow Truck Ordinance FINAL 01 05 2006.doc
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® TOW AGREEMENT
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 Operator 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 the
owner of any tow truck operating within the City of Baytown who holds a tow truck permit
issued pursuant to the Code of Ordinances and a registration issued pursuant to Chapter 643 of
the Texas Transportation Code, hereinafter the "Act," to perform "Non- Consent Tows" within
the meaning of § 102 -136 of the Code of Ordinances; and
WHEREAS, the Operator, identified below, holds a tow truck registration issued
pursuant to the Act and a City tow truck permit for the tow truck identified below, true copies of
which permit and registration are attached to and made a part of this Agreement as Exhibits "A"
and "B;" and
WHEREAS, the Operator 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 Operator
have mutually agreed as follows:
I.
Identity of Tow Truck Operator
1.01 The tow truck that may perform non- consent tows under this Agreement is a
(model, year, and make), which has the following VIN
number (VIN number), and is hereinafter referred to as the "tow
truck."
1.02 The "Operator" who owns the tow truck is (Name of Owner).
The Operator is: (Check one, as applicable)
a. [ ] a proprietorship. b. [ ] a partnership.
C. [ ] a limited partnership. d. [ ] a corporation.
Evidence of the ownership of the tow truck is attached to and made a part of this
Agreement as Exhibit "C" (Attach true copy of the vehicle title or lease contract under which the
® tow truck is operated. Also attach a copy of [1] assumed name certificate if a proprietorship, [2]
EXHIBIT A
Non - Consent Tow Agreement 02 -09 -2006 1
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).
II.
Tow Truck Operations
2.01 The Operator represents that he is familiar with the provisions of Article III of Chapter
102 of the Code of Ordinances, Baytown, Texas, as amended, which provisions we hereby
incorporated into and made a part of this Agreement by reference. The Operator agrees to
comply with said provisions and the other terms and conditions of this Agreement in the
operation of the tow truck. The Operator also agrees that he and his officers, agents and
employees will comply with all state and local traffic laws applicable to the operation of the tow
truck. 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 Operator 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 Operator.
2.02 Operator agrees to provide towing service on a twenty-four hours per day basis, without .
prejudice to ability to pay by the owner or operator of the towed motor vehicle. The Operator
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 The Operator further agrees that he will perform non - consent tows in consideration of a
fee in an amount established from time to time by the City Council of the City of Baytown. At
the time of execution of this Agreement, the Operator 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 place of business of the tow truck
company, to the storage facility of the tow truck company, which is located within
the area described in §2.06, or to any other location within the city limits of
Baytown. 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 TWENTY -FIVE AND NO /100 DOLLARS
($125.00). 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
Non - Consent Tow Agreement 02 -09 -2006 2
® 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 had been specified
by him at the scene of the accident, there may be an additional charge not to
exceed SIXTY -FIVE AND N01100 DOLLARS ($65.00) for transferring the
vehicle to the specified location within the city limits of Baytown as soon as that
place of business is open for business or is later specified by the owner /operator
of the vehicle being towed. This charge shall apply day or night, holidays or
Sundays.
C. The maximum charge for any and all tows from the scene of an accident in the
city limits shall be ONE HUNDRED NINETY AND N01100 DOLLARS
($190.00).
d. A charge, not to exceed FIFTEEN AND NO 1100 DOLLARS ($15.00) per day,
may be made for the storage of vehicles. 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.
f. No fee shall be imposed for a vehicle hooked up but not removed from the scene
if a city official directs that the tow truck upon the request of the vehicle
owner /operator release the vehicle.
g. 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 other location
which is not within the city limits of Baytown, the Operator, except as otherwise
provided in this subsection, may not tow the vehicle until the owner /operator of
the vehicle being towed and the Operator have negotiated in writing signed by
both parties an_agreed upon fee for the towing services. If the Operator tows the
vehicle outside the city limits of Baytown without agreeing upon a fee with the
owner /operator prior to the tow, the Operator may charge no more than the
maximum fee specified in subsection (c) hereinabove. If the owner /operator and
the Operator are unable to agree upon a fee for towing services outside the city
limits of Baytown, the Operator may tow the vehicle to the place of business of
the tow truck company, 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.
h. The Operator shall be responsible for each vehicle and its contents while in its
care, custody and control.
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Non - Consent Tow Agreement 02 -09 -2006 3
The Operator 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.
j. 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. Furthermore, the Operator shall release any vehicle at the scene
if requested by a City supervisory employee, whether already "on the hook" or
not.
2.04 Operator 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. $uch 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 .
in the form required under Article III of Chapter 102 of the Code of Ordinances, Baytown,
Texas.
2.06 Operator hereby warrants that he has a 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 Operator further understands and agrees that throughout the term of this Agreement, he
shall not become indebted to the.city for any delinquent taxes levied.
2.08 The City of Baytown hereby designates the Operator identified in § 1.02 above to perform
"Non- Consent 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 Operator.
III.
Term
3.01 The term of the Agreement shall commence upon the date of the signature by the City
® Manager and end on December 31, , unless sooner terminated in accordance with §3.02,
3.03, 3.04, 3.05, 4.02, or 8.01.
Non- Consent Tow Agreement 02 -09 -2006 4
® 3.02: The Operator 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 Operator.
3.04 In the event the tow truck committee, a city official, or the city clerk has reason to believe
that the Operator has failed to timely or fully perform any obligation assumed under this
Agreement, the city manager may upon recommendation of the tow truck committee terminate
this Agreement, in whole or in part, or suspend for up to one year the Operator's permit for any
of the following reasons:
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;
Removal of a vehicle regulated by this Agreement to an unapproved storage location
or outside the corporate limits of the City of Baytown, except upon the informed
request of the owner /operator of such vehicle or 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; or
Failure of the tow truck company, its owner and/or employees to provide satisfactory
general services or to conduct itself in a reasonable manner.
Any person shall have the right to appeal any decision of the tow truck committee to the
City Council as provided in Article III of Chapter 102 of the Code of Ordinances Baytown,
Texas.
3.05 In the event of the termination, suspension, or cancellation of the Operator's tow truck
registration issued pursuant to the Act, or the Operator'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.
Non - Consent Tow Agreement 02 -09 -2006
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 Operator to violate the Act or any valid and applicable rule or regulation adopted
thereunder.
4.02 The Operator and the City acknowledge that they are not aware of any situation in which
compliance with this Agreement will cause the Operator to violate the Act or any rule or
regulation adopted thereunder. In the event that such a situation should arise, the Operator 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 Operator. ..
kv
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
Non - Consent Tow Agreement 02 -09 -2006 6
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. 'l
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 Operator 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.
C%!�
Insurance
6.01 The Operator 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
Operator, its agents, representatives, volunteers, employees or subcontractors.
6.02 The Operator'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 Operator's insurance and shall
not contribute to it. Further, the Operator 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 coe-rwges-for subcontractors- and - assigns- shal-l-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
❑ Tow Trucks Less than 26,000 lbs.: $300,000
❑ Tow Trucks More than 26,000 lbs.: $500,000
❑ 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.
Non- Consent Tow Agreement 02 -09 -2006 7
❑ All drivers of tow trucks shall be named insured on the Operator'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.
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 sixty
(60) days' prior written notice by certified mail, return receipt requested, has been
given to the City.
e. The City, its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and Omissions
Policy required herein.
f. Upon request and without cost to the City, certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
g. Upon request and without cost to the City, loss runs (claims listing) of any and/or
all insurance coverages shall be furnished to the City.
h. All insurance required herein shall be secured and maintained in a company or
companies satisfactory to the City, and shall be carried in the name of the
Operator. The Operator shall provide copies of insurance policies required
hereunder to the City upon request.
Non - Consent Tow Agreement 02 -09 -2006 8
® VII.
Notices
0
7.01 Any notice that is required or permitted to be given by the City to the Operator 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 Operator or any of his agents or employees at the
following local address:
7.02 Any notice that is required or permitted to be given by the Operator 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
Post Office 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.
Non - Consent Tow Agreement 02 -09 -2006 9
VIII.
General
8.01 The rights herein granted to the Operator and the obligation herein assumed by the
Operator shall be personal to the Operator and shall only apply to the tow truck identified in
Article I, above. 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 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.
8.03 This Agreement shall be construed in accordance with the laws of the State of Texas and
the Charter and Ordinances of the City.
8.04 All obligations hereunder shall be performed in the City of Baytown.
8.05 The Operator 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 the owner or
agent in any capacity of a tow truck for which an agreement with the City has been terminated
for cause within five (5) year period preceding the effective date of this Agreement.
8.06 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 Operator. 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 Operator still
holds current and valid permits or licenses, as required by law.
8.07 It is expressly understood and agreed that in all instances involving a vehicle towed upon
authority of a city official, the Operator or his employee or agent, must deliver the vehicle to the
place designated on the towing ticket.
8.08 Operator acknowledges and understands that the City shall not be obligated to pay any
fees for the purpose of this Agreement. The only considerations Operator shall receive are the
fees it may collect from the storage facility accepting the vehicle for storage or the vehicle
owner /operator.
® 8.09 The 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
Non - Consent Tow Agreement 02 -09 -2006 10
• holder at his last known address. Compliance with the rules and regulations is a condition of
this Agreement.
Executed in duplicate counterparts, each having the force and effect of the original on
this the day of ,
OPERATOR ATTEST (if a corporation)
I•
LO-A
(Print or type name) (Print or type name)
(Title) (Title)
CITY OF BAYTOWN ATTEST
By:
GARY JACKSON, City Manager LORRI COODY, City Clerk
THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day personally appeared
who, duly sworn on oath,
states that the facts set out in the foregoing application are true and correct.
SWORN TO AND SUBSCRIBED, before me, this day of
(SEAL) Notary Public in and for
The State of Texas
Non - Consent Tow Agreement 02 -09 -2006 11
® THE STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned authority, on this day per appeared
, who, duly sworn on oath,
states that the facts set out in the foregoing application are true and correct.
SWORN TO AND SUBSCRIBED, before me, this day of
(SEAL)
Notary Public in and for
The State of Texas
Non-Consent Tow Agreement 02 -09 -2006 12
® RULES AND REGULATIONS GOVERNING TOW TRUCKS
I. SPECIFICATIONS AND REOUIRED 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
Non- Consent Tow Agreement 02 -09 -2006 13
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.
H. DISPATCHING OF TOW TRUCKS:
A. Tow trucks will not go to 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 the place 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 his storage facility and store safely until advised by the owner or his
agent where repairs are to be made.
1. Stolen, holds placed by officer, and prisoner vehicles will be taken to the
0 tow truck operator's storage facility unless directed by a police officer to
Non - Consent Tow Agreement 02 -09 -2006 14
is
take the vehicle to 3.200 North Main, Police Pound.
Note: When a vehicle is brought to the Police Pound, the tow truck corripany
must have a City of Baytown Police Department tow truck slip 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 $hat 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 in a tow truck other than one
permitted to the company dispatched to the scene. No sharing of tow trucks will be
permitted.
\ \Cobsrv2 \police \Users\Daniel Jackson \Tow Trucks \Tow Agreement FINAL 02 09 2006.doc
Non - Consent Tow Agreement 02 -09 -2006 15
RECEIPT NO.
City of, Baytown
tiry•
�
P1i 1 l
IN ACCORDANCE WITH THE CITY ORDINANCE PASSED BY THE CITY
COUNCIL OF BAYTOWN, TEXAS, PERMIT IS GRANTED TO:
Make:
Model;
Date Granted:
•
Motor No._
State Lic. No.
Expiration Date:
NON - TRANSFERABLE
G+' I A
City Clerk
MOTOR CARRIER CERTIFICATE OF REGISTRATION
Certificate of Date Issued:
Registration No:
Having fulfilled the application requirements of the Department of Transportation (TxDOT) relating to the
registration of commercial motor carriers, this Certificate of Registration is hereby granted to:
This Certificate of Registration authorized TxDOTs issuance of an insurance cab card identifying each
Commercial motor vehicle registered with TxDOT.
This Certificate of Registration is not transferable.
VOID IF ALTERED
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•
EMIT B