Ordinance No. 11,240ORDINANCE NO. 11,240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS. APPROVING A STANDARD FORM HEAVY DUTY 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: AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the "Tow Agreement," which is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes, shall be the standard heavy duty 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.
Section 2: 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ordinance are hereby repealed: provided, however, that such repeal shall be only to the extent of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 3: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED. READ and PASSED by the affirmative v e of the City Council of the
City of Baytown this the 12th day of November. 2009.
VED AS TO FORM:
41ZINACIO RA \IIRI:Z. SR., C y Attorney
S�EPHEN- rDONCARLOS. Mayor
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EMIT A
TO«' AGREEMENT
FOIL HEAVY -DUTY TONN' TRUCKS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Tow Agreement for Heavy -Duty Tow Trucks (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 trick operating within the City of' Baytown who holds a toy truck permit
issued pursuant to the Code of Ordinances and an incident management towing permit issued
under the Texas Towing and Booting Act (the "Act ") by the Texas Department of Licensing and
Regulation. to perform "nonconsent tows' within the meaning of §102 -136 of the Code of
Ordinances; and
WHEREAS. the Operator, identified below, holds an incident management towing permit
issued by the Texas Commission of Licensing and Regulation and a City tow truck permit for the
Toxv Truck(s) identified below. true copies of which are attached to and made a part of this
Agreement as Exhibits "A" and "B ": and
WHEREAS, the Operator desires to perform heavy -duty nonconsent tows for the City;
NOW THEREFORE. KNOW ALL iMEN 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:
1.
Identity of Heavy -Duty Tow Truck Operator
1.01 The heavy -duty tow truck that may perform heavy -duty nonconsent tows under this
Agreement is a (model. year, and make), which has the
following vehicle identification number ( "VIN "), and is
hereinafter referred to as the "low Truck."
1.02 The person who owns the Tow Truck is
Operator").
The Operator is: (Check one. as applicable)
a. [ ] a proprietorship.
C. [ ] a limited partnership
Tow Aereement for Heaw -Duty Tow Trucks. Pace 1
(Name of Owner) (the
b. [ ] a partnership.
d. [ ] a corporation.
Evidence of the ownership of the Tow Truck(s) is /(are) 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 Trick is operated. Also attach a copy of [1] assumed name certificate if a
proprietorship, [21 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).
I1.
Heavy -Duty TOR' 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 are 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 II l 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 heavy -duty towing service on a twenty -four hour per day
basis, without prejudice to the 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 heavy -duty nonconsent tows in
consideration of a reasonable fee based upon time, labor and materials expended. The Operator
understands and agrees as follows:
a. The Operator 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. In the event the owner /operator of the
vehicle is unable or incapable of negotiating a fee, the fee will be equal to the
lesser of (i) that fee set by the Harris County Sheriffs Office at the time of the
tow or (ii) two hundred fifty dollars ($250.00) per hour for each heavy -duty truck
needed on site with a two hour minimum charge. If there is additional equipment
or supplies required to move the vehicle to be towed. the vehicle owner or
operator shall pay for any and all costs of such equipment or supplies reasonably
necessary for the tow of the vehicle. The police officer or supervisor on the scene
Tow Aereement for Fleaw -Duty Tow Tnicks, Page 2
shall verify on the tow slip that the charges and equipment listed on the tow slip
were used at the scene.
b. In the event extraordinary charges are incurred in towing the heavy -duty vehicle,
or if a dispute arises as to the reasonableness or necessity of any charges incurred
by the Operator in performing the tow. the Operator has a right to a hearing before
the Tow Truck Committee of the City of Baytown to validate any such charges.
C. The Operator shall be responsible for each vehicle and its contents while in its
care. custody and control.
d. Should the Operator fail to respond when requested or is Unable to perform the
tow for any reason, the City may contact another towing service, to tow the
subject vehicle.
C. An Operator towing a vehicle impounded for driving under the influence of
alcohol or drugs shall be released without charge if the driver is later released
without charges.
2.04 Operator understands and agrees that any party believing that an overcharge has occurred
for towing service provided pursuant to this Agreement (the "complainant ") may, on or before
thirty (30) days from the date of such alleged overcharge. notify in writing the Operator of such
alleged overcharge. The complainant shall forward the wTitteil notice to the address of the
Operator 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 Operator's receipt of such notice. said Operator shall refund any
overcharge or deny the alleged overcharge. If the Operator denies the alleged overcharge, the
Operator within such fifteen- (1 5) day period shall send written notice of the denial by registered
or certified mail. return receipt requested to the complainant and shall specify in such notice the
justification for the charges contested. At the same time, the Operator shall send a copy of the
denial and of the complainant's notice alleging an overcharge to the Cite Clerk by registered or
certified mail, return receipt requested If' the Operator fails to refund an alleged overcharge or
deny the alleged overcharge in writing within the fifteen- (1 5) day period and if the complainant
,,within 60 days of the alleged overcharge submits to the City Clerk a written request for a hearing
before the Tow Truck Committee to consider his overcharge claim, the City Clerk shall refer
such overcharge claim to the Tow Truck Committee for a hearing to be held pursuant to Section
102 -138 of the Code of Ordinances. The City Clerk shall give written notice of the hearing to
both the complainant and the Operator within the time period prescribed in subsection 102 -
138(c).
2.05 No vehicle shall be towed hereunder except upon wTitten authorization of a city official
in the form required under Article III of Chapter 102 of the Code of Ordinances. Baytown.
Texas.
Tow Aereement for Heayy -Duty Tow Trucks. Page 3
2.06 Operator hereby warrants that he has a vehicle storage facility within the corporate limits
of the City of Baytown, which is licensed by state law as suitable for the protection of stored
heavy -duty vehicles and in compliance with all state and local laws, rules and regulations.
2.07 Operator further understands and agrees that throughout the term of this Agreement, lie
shall not become indebted to the cite for any delinquent taxes levied.
2.08 The City of Baytown hereby authorizes the Operator identified in §1.02 above to perform
heavy -duty "nonconsent tows" with the Tow Truck(s) 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.
Ill.
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. 2010, unless sooner terminated in accordance with §3.02.
3.03. 3.04, 3.05. 4.02. or 8.01.
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 a member of the Tow Trick Committee, a city official, or the City Clerk has
reason to believe that the Operator has failed to fully perform any obligation assumed under this
Agreement. such alleged failure shall be submitted to the Tow Truck Committee for
consideration at a hearing held pursuant to Section 102 -138 of the Code of Ordinances. 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 such violation and/or
for any of the following reasons:
a. Violation of any of the laws of the state. federal or city government, Commission
Rules of the Texas Department of Licensing and Regulation, 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 the Operator, its
agent, employee or owner;
b. Failure of the Operator to meet the requirements as set forth in its application for a
tow truck permit;
c. Removal of a vehicle regulated by this Agreement to an unapproved storage location
or outside the corporate limits of the City of Baytown, except upon the informed
Tow Avreement for Heaw -Duty Tow Trucks, Page 4
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 after being
dispatched by the Communications Division;
e. Failure of the Operator 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
f. Failure of the Operator, 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
permit 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, suspended. or
cancelled contemporaneously therewith and without advanced notice.
IV.
State Regulation
4.01 To the extent of any difference in terms between any valid and applicable provision of
the Act or any rule or regulation adopted thereunder from time to time by the Texas Department
of Safety. the Texas Department of Licensing and Regulation 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 laws of the
State of Texas 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 laws of the State of Texas
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 or until it is revived and amended by
mutual written agreement of the City and the Operator.
Tow Aizreement for Heavy-Duty Tow Trucks, Page 5
V.
Indemnity
THE OPERATOR AGREES TO AND SHALL INDEMNIFY, HOLD
HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND
EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES,
DAMAGES, CAUSES OF ACTION, SUITS, AND LIABILITY OF EVERY
KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS,
AND ATTORNEYS' FEES, FOR DAMAGE TO ANY PROPERTY, LOSS
OF REVENUE, OR ANY OTHER INJURIES OR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY
THE OPERATOR PURSUANT TO THIS AGREEMENT, THE CONDUCT
OR MANAGEMENT OF THE OPERATOR'S ACTIVITIES, OR FROM
ANY ACT OR OMISSION BY THE OPERATOR, ITS AGENTS,
EMPLOYEES, OR SUBCONTRACTORS, WHERE SUCH DAMAGES,
LOSSES OR INJURIES ARE CAUSED BY (1) THE JOINT NEGLIGENCE
OF THE CITY AND ANY OTHER PERSON OR ENTITY OR (1I) THE
JOINT OR SOLE NEGLIGENCE OF THE OPERATOR. IT 1S 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 (1) THE
CONSEQUENCES OF THE CITY'S OWN NEGLIGENCE, WHERE THAT
NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING
INJURY, DEATH OR DAMAGE AND /OR (II) THE CONSEQUENCES OF
THE OPERATOR'S SOLE OR JOINT NEGLIGENCE. FURTHERMORE,
THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL
HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS,
DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE
INJURY, LOSS OR DAMAGE RESULTS FROM THE SOLE
NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY
OTHER PERSON OR ENTITY.
In the event that any action or proceeding is brought against the City by reason of any matter
from which the City is indemnified herein, the 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.
Tow Aereement for Heavy-Duty Tow Trucks, Page 6
V1.
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 coverages for subcontractors and assigns shall be subject to all of
the requirements stated herein.
6.03 The following is a list of standard insurance policies along with their respective minimum
coverage amounts required in this Agreement:
a. Business Automobile Liability Policy
0 Limit: $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.
All drivers of tow trucks shall be named insured on the Operator's liability
insurance policy.
❑ Coverage for "Any Auto.'
b. Garagekeepers Direct Primary:
0 Not more than 50 vehicles: $ 9,000
❑ 51 to 99 vehicles: $18,000
❑ 100 or more vehicles $25,000
c. Cargo on I -look Coverage
❑ Light/Medium Trucks: $ 50.000 per vehicle.
❑ Heavy -Duty Trucks: $ 50,000 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
Tow Agreement for Heavy-Duty Tow Trucks, Page 7
will be accepted.
C. Liability policies must be on occurrence form.
d. Each insurance policy shall be endorsed to state that coverage shall not be
suspended, voided, canceled or reduced in coverage or in limits except after thirty
(30) days' prior written notice by certified mail, return receipt requested. has been
given to the City.
e. The City. its officers, agents and employees are to be added as Additional
Insureds to all liability policies, with the exception of the Errors and Omissions
Policy required herein.
f. Upon request and without cost to the City. certified copies of all insurance
policies and/or certificates of insurance shall be furnished to the City.
g. Upon request and without cost to the City, loss runs (claims listing) of any and /or
all insurance coverages shall be furnished to the City.
h. All insurance required herein shall be secured and maintained in a company or
companies satisfactory to the City, and shall be carried in the name of the
Operator. The Operator shall provide copies of insurance policies required
hereunder to the City upon request.
VII.
Notices
7.01 Any notice that is required or permitted to be given by the City to the 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:
Tow Agreement for tieavv -Duty Tow Trucks, Page 8
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
Bavto�vn. Texas 77522
or may be given by personal delivery to:
City of Baytown
Attention: City Clerk
2401 Market Street
Baytown, TX 7720
7.0' ) Notices mailed as above shall be deemed given on the third regular postal delivery day
after the date of their deposit in the U.S. Mail. Notice delivered by personal delivery shall be
deemed given upon their delivery.
7.04 Either party may change its address for notice upon written notice to the other party
hereto.
VIII.
General
8.01 The rights herein granted to the Operator and the obligations 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 the sale of the Tow
Truck.
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 cormection with the Tow Truck who has been either:
Tow Agreement for Heaw -Duty Tow Tricks, Page 9
a. an Operator of a tow truck whose tow agreement with the City has been
terminated for cause within five (5) year period preceding the effective date of
this Agreement: or
b. the agent or employee of an Operator described in subsection (a) who caused in
whole or in part a tow agreement with the City to be terminated for cause within
the preceding five (5) year period.
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 tite 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
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 20
OPERATOR ATTEST (if a corporation)
By:
(Print or type name)
(Title)
CITY OF BAYTOWN
BY:
GARRY C. BRUMBACK, City Manager
Tow Agreement for Heavy -Duty Tow Trucks, Page 10
(Print or type name)
(Title)
ATTEST
LETICIA GARZA. Interim City Clerk
THE STATE OF TEXAS
COUNTY OF HARRIS 5
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
,20
Notary Public in and for the State of Texas
(SEAL)
Corporate Acknowledgment
THE STATE OF TEXAS 5
COUNTY OF HARRIS
13EFORE ME. the undersigned notary public, on this day
personally appeared in his /her capacity as
of on behalf of such
( corporation)( partnership )(proprietorship)(limited partnership)
(check one of the following):
known to me;
proved to me on the oath of ; or
proved to me through his/her current (description of
identification card or other document issued by federal government or any state government that
contains the photograph and signature of the acknowledging person
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he /she executed that instrument for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office this the day of
20
Notary Public in and for the State of Texas
(SEAL)
R :UKarenlFiles\Contracts\Police- Initiated Tow AerecmentTxhibit A - Heave Dutv Tow Aereement - Final.doc
Tow Agreement for Heavv -Duty Tow Trucks. Page 1 1
RULES AND REGULATIONS GOVERNING TOW TRUCKS
I. SPECIFICATIONS AND REQUIRED EQUIPMENT
All tow trucks. heavy -duty tow trucks, and emergency tow trucks shall be provided with
the following minimum equipment which equipment shall be adequate for the purpose(s)
for which it is designed and shall further be kept in usable condition at all times:
A. One fire extinguisher that is properly filled and located so that it is readily
accessible for use. The fire extinguisher must be securely mounted on the
vehicle. It must be designed, constructed, and maintained so as to permit visual
determination of whether it is fully charged. The fire extinguisher must not have
an extinguishing agent that gives off vapor more toxic than those produced by the
substances shown as having a toxicity rating of 5 or 6 in the Underwriters
Laboratories Classification of Comparative Life Hazard of Gases and Vapors.
Such fire extinguisher must have an Underwriters Laboratory rating of #5 ABC or
more. Each fire extinguisher required by this section must be labeled or marked
with Under%NTiters 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. 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 sununoned to an accident shall carry the above
equipment at all times.
D. Heavv -duty tow trucks shall be have a diesel powered engine on a minimum
ton chassis equipped with a wrecker boom capable of lifting at least thirty
thousand (30,000) pounds and capable of towing at least eighty thousand (80,000)
pounds. The vehicle shall be equipped with (i) a wheel lift or under -reach of
sufficient size to tow all types of trucks, tractor and trailers v ithout damage. (ii) a
heavy -duty sling and /or a heavy -duty tow bar, (iii) air brakes, (iv) an auxiliary air
supply capable of tying into the air brakes of the disabled vehicle to enable safe
towing under the braking control of the tow truck.(v) and dual tandem axles on
the rear wheels.
E. 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 burnished by the designated employee of the city garage.
II. DISPATCHI'N'G OF TOXV 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 «here repairs are to be made.
Stolen, holds placed by officer, and prisoner vehicles will be taken to the
tow truck operator's storage facility unless directed by a police officer to
take the vehicle to 3200 Forth Main, Police Pound.
Note: When a vehicle is brought to the Police Pound, the tow truck company
must have a City of Baytown Police Department tow truck slip filled out and must
present the keys to the desk officer.
2
B. No heavy -duty 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 after an unreasonable passage of time from the time dispatched. The
tow truck that is late will be placed at the bottom of the heavy -duty tow rotation
list, and the next tow truck on the top will be called. There shall be an exception
to this section «dhen, 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.
3