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CC Resolution No. 1367 2601 RESOLUTION NO. 1367 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING THE POLICE-INITIATED TOW AGREEMENT PREVIOUSLY APPROVED BY THE CITY COUNCIL ON THE 26' DAY OF JANUARY, 1995; ESTABLISHING THE COMMENCEMENT DATE FOR USE OF THE AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, on January 26, 1995, the City Council approved a standard form Police- Initiated Tow Agreement(the"Agreement')by which owners of any tow truck operating within the City of Baytown, holding a tow truck permit issued pursuant to the Code of Ordinances and a registration issued pursuant to Chapter 643 of the Texas Transportation Code, were authorized to perform"Police- Initiated Tows" within the meaning of Section 102-136 of the Code of Ordinances; and WHEREAS, the Tow Truck Committee (the "Committee") met on November 2, 1998, and as a result of such meeting, has recommended to the City Council of the City of Baytown that the Agreement be amended to raise the fee for motorcycle tows and incorporate a requirement that towing fees outside the city limits must be negotiated prior to the transport; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby amends its standard form Police-Initiated Tow Agreement, which was approved on January 26, 1995. The Agreement as amended is attached hereto as Exhibit"A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown, Texas, hereby declares that the form Agreement as amended shall not be effective until January 1, 1999, but shall thereafter remain in effect until hereinafter amended or repealed. Section 3: This resolution 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 vote of the City Council of the City of Baytown this the 12th day of November, 1998. PETE C. ALFAR , Mayor ATTEST: Q > J _ ' p _�1= Jb EILEEN P. HALL, City Clerk APPROVED AS TO FORM: eOi�ACIO RAMIREZ, S ty Attorney c.kth 116\citycouncil\resolutions\AmendPoliceinibatedTowAgreementResolubon.doe POLICE-INITIATED TOW AGREEMENT The State of Texas § County of Harris § This Police-Initiated 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 "Police-Initiated Tows"within the meaning of Section 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 Police-Initiated Tows; 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 Police-Initiated 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. Police-Initiated Tow Agreement, Page I EXHIBIT A 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] 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). 1.03 The state tow truck registration number for the tow truck, which is displayed on the tow truck, is: II. Tow Truck Designation 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 the 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 The Operator further agrees that he will perform Police-Initiated 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 normal tow 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 section 2.05, 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 normal tow as described hereinabove of a vehicle other than a motorcycle shall not exceed SIXTY-FIVE AND NO/100 DOLLARS ($65.00). The standard charge for a normal tow as described hereinabove of a motorcycle shall not exceed EIGHTY-FIVE AND NO/100 DOLLARS ($85.00). This charge shall apply either day or night, holidays or Sundays. Police-Initiated Tow Agreement, Page 2 b. If the owner/driver of the vehicle being towed specifies at the scene of the accident that the vehicle is to be towed to a place of business within the city limits of Baytown which at that time is not open for business or has no one on duty to receive the wrecked vehicle or if the owner/driver 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 AND NO/100 DOLLARS ($20.00) 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/driver of the vehicle being towed. C. An additional charge may be made for the following additional labor that is not required in a normal tow, to-wit: (1) An additional charge, not to exceed twenty dollars ($20.00), may be made for each of the following services, provided the maximum charge provided herein may not be exceeded: (a) A winch pull and/or rollover in those cases where two (2) separate pulls with the wrecker's winch line are actually required; (b) A wheel lift; (c) The use of dolly wheels; (d) Disconnecting and connecting the driveshaft; and (e) Other exceptional labor (2) An additional charge, not to exceed THIRTY AND NO/100 DOLLARS ($30.00), may be made for the assistance of a second tow truck when performing a necessary function and approved by the police officer in control of the accident scene. The tow truck driver shall select the second tow truck to be used in performing the necessary function; however, such second tow truck must be both permitted by the City and licensed by the State of Texas. d. The maximum charge for any and all tows from the scene of an accident in the city limits shall be ONE HUNDRED FIVE AND NO/100 DOLLARS ($105.00), not including transfer fees or permissible charges for the assistance of a second tow truck. e. A charge, not to exceed TEN AND 50/100 DOLLARS ($10.50) 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 Police-Initiated Tow Aereement, Page 3 vehicle storage facility less than twelve (12) hours. A "day" shall begin and end at midnight. f. No charge may be assessed for moving a vehicle within a storage area. g. No fee shall be imposed for a vehicle hooked up but not removed from the scene if a police officer directs that the vehicle be released by the tow truck upon the request of the vehicle owner/driver. h. Should the owner/driver 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/driver of the vehicle being towed and the Operator have negotiated 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/driver prior to the tow, the Operator may charge no more than the maximum fee specified in subsection (d) hereinabove. If the owner/driver 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 area described in section 2.05, or any other place within the city limits of Baytown as designated by the owner/driver of the vehicle. 2.03 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. Such denial shall be in writing specifying the justification for the charges contested. A copy of the denial and of the overcharge complaint shall be delivered to the City Clerk and the complainant by registered or certified mail, return receipt requested. Such overcharge claim and denial shall be referred to the tow truck committee for determination at its next meeting. 2.04 No vehicle shall be towed hereunder except upon written authorization of a police officer in the form required under Article II of Chapter 102 of the Code of Ordinances, Baytown, Texas. 2.05 Operator hereby warrants that he has a storage facility within the corporate limits of the City of Baytown or within the area bounded by the San Jacinto River and bays on the west, the bays on the south, Cedar Bayou Stream and State Highway 146 on the east, and Interstate Highway 10 on the north, or property immediately contiguous to the said Highway 146 or Interstate 10,which is licensed by state law as suitable for the protection of stored vehicles and fenced as required by city ordinance. Police-Initiated Tow Agreement, Page 4 2.06 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. 2.07 The City of Baytown hereby designates the Operator identified in Section 1.02 above to perform "Police-Initiated Tows" with the tow truck identified in Section 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 Section 3.02, 3.03, 3.04, 3.05, 4.02, or 6.01. 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 the tow truck committee, the chief of police, 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; C. Removal of a vehicle regulated by this Agreement to an unapproved storage location or outside the corporate limits of the City of Baytown or within the area bounded by the San Jacinto River and bays on the west, the bays on the south, Cedar Bayou Stream and State Highway 146 on the east, and Interstate Highway 10 on the north, or property immediately continuous to the said Highway 146 or Interstate 10, except upon the informed request of the owner/driver of such vehicle or the direction of the police officer in charge of the towing scene; Police-Initiated Tow Agreement, Page 5 d. Failure to arrive at the scene of an accident within a reasonable time not to exceed twenty-five (25) minutes after being dispatched by the Police Department; e. Failure of a tow truck company to have its name permanently displayed on both doors of the tow truck Identified in Section 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 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 Section 102-139 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. 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 Railroad Commission 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 Chief of Police 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. V. Notices 5.01 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: Police-Initiated Tow Agreement, Page 6 or may be given by personal delivery to the Operator or any of his agents or employees at the following local address: 5.02 Any notice that is required or permitted to be given by the Operator to the City or to the Chief of Police hereunder may be mailed to the City by Certified U.S. Mail, return receipt requested, postage prepaid, addressed to: City of Baytown Attn: City Clerk P.O. Box 424 Baytown, Texas 77522 or may be given by personal delivery to: City of Baytown Attn: City Clerk 2401 Market Street Baytown, TX 77520 5.03 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. 5.04 Either party may change its address for notice upon written notice to the other party hereto. VI. General 6.01 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 Police-Initiated Tow Agreement, Page 7 subletting of any obligation assumed hereunder unless the Chief of Police 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 Chief of Police has given prior written approval therefor. 6.02 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. 6.03 This Agreement shall be construed in accordance with the laws of the State of Texas and the Charter and Ordinances of the City. 6.04 All obligations hereunder shall be performed in the City of Baytown. 6.05 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. 6.06 It is expressly understood and agreed that a suspension or termination for cause under Section 3.04 above that has occurred under this Agreement shall apply equally to any and all other Police- Initiated 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. 6.07 It is expressly understood and agreed that in all instances involving a vehicle towed upon authority of a City police officer, the Operator, or his employee or agent, must deliver the vehicle to the place designated on the police towing ticket. 6.08 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/driver. 6.09 The Police Chief may issue rules and regulations governing the operation of tow trucks while performing Police-Initiated 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. Police-Initiated Tow Agreement, Page 8 Executed in duplicate counterparts, each having the force and effect of the original on this the day of 199_. OPERATOR ATTEST (if a corporation) By: (Print or type name) (Print or type name) (Title) (Title) CITY OF BAYTOWN ATTEST By: BOBBY ROUNTREE, City Manager EILEEN P. HALL, City Clerk c.klh 116\Contracts\Police-InitiatedTowAgreement\Police-InitiatedTowAgreement 110498 Police-Initiated Tow Agreement, Page 9