AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM

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CITY OF BAYTOWN NOTICE OF MEETING BAYTOWN TOW TRUCK COMMITTEE REGULAR MEETING WEDNESDAY, MAY 13, 2015 AT 5:00 P.M. CITY COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS 77520 AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM 1.

1 CITY OF BAYTOWN NOTICE OF MEETING BAYTOWN TOW TRUCK COMMITTEE REGULAR MEETING WEDNESDAY, MAY 13, 2015 AT 5:00 P.M. CITY COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET BAYTOWN, TEXAS AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM 1. WRECKER SERVICE a. Conduct a hearing regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement by Batton Wrecker Service, owned by Mr. Robert Batton. b. Consider and take appropriate action regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement by Batton Wrecker Service, owned by Mr. Robert Batton. 2. KENNETH HAMMERS DBA RANGER TOWING a. Conduct a hearing regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement with the City of Baytown, by Kenneth Hammers DBA Ranger Towing, owned by Mr. Kenneth Hammers. b. Consider and take appropriate action regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement with the City of Baytown, by Kenneth Hammers DBA Ranger Towing, owned by Mr. Kenneth Hammers. 3. NEXT TOW TRUCK COMMITTEE MEETING a. Discuss and set the date and time for the next Tow Truck Committee Meeting for the month of July 2015.

3 BAYTOWN TOW TRUCK COMMITTEE 1. a. Meeting Date: 05/13/2015 Subject: Hearing - Batton Wrecker Service - January 2015, Three Passes in One Month Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Department: City Clerk's Office Information ITEM Conduct a hearing regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement by Batton Wrecker Service, owned by Mr. Robert Batton. PREFACE On April 6, 2015, per Section (b) of the Code of Ordinances (the "Code"), the Tow Truck Committee (the "Committee"), reviewed the operations and activities of each towing company's activities for compliance with the Code, agreement, the statutes, and rules and regulations that govern tow truck operations and business. After said review, the Committee set a hearing regarding Batton Wrecker Service, owned by Mr. Robert Batton, for alleged violations(s) occurring on January 14, 22 and 23, 2015, of Section (b) of the Code of Ordinances, which states in part: The towing company shall be entitled to two passes during a calendar month. In the event that the towing company passes three or more times during a calendar month, the towing company shall be subject to suspension from the rotation list for a period deemed appropriate by the tow truck committee. At this hearing, the Committee shall consider evidence and arguments presented to determine whether the towing company committed the alleged violation. On April 29, 2015, in accordance with Section (c), the towing company in question was given notice of the hearing and of the reason therefor. Such notice is attached to this item for your review. Lastly, per the Committee's request, below is a list of prior violations brought before the Committee by this towing company and other towing companies owned by Mr. Robert Batton, which are permitted under the same rules by the City of Baytown: Company Tow Truck Violation History Through Current Fiscal Year Violation Violation Date Public Hearing Date Action Taken

4 Batton Wrecker Service Batton Wrecker Service Run Time Violation Run Time Violation 11/02/ /08/2013 No Action Taken 10/08/ /21/2014 Unfounded RECOMMENDATION Hearing Notice - Batton Wrecker Service Attachments

5 BAYTOWN S CITY O F BAYTOWN OFFICE OF THE CITY CLERK 2401 Market Street P. O. Box 424 Baytown, Texas ) April 29, 2015 Batton Wrecker Service ATTN: Robert G. Batton 106 N. 5' h Street Highlands, Texas VIA REGULAR MAIL AND CM /RRR# Re: Notice of Tow Truck Committee Meeting/ Hearing before the City of Baytown' s Tow Truck Committee Wednesday, May 13, 2015 at 5: 00 p.m. Dear Mr. Batton: This letter shall serve as notice that the Baytown Tow Truck Committee ( the " Committee ") will hold a public hearing regarding alleged violations( s) of federal, state or local laws, including Article III of Chapter 102 of the Code of Ordinances Baytown, Texas, and/ or the Tow Agreement by Batton Wrecker Service, owned by Mr. Robert G. Batton. Below is a summary of the alleged violations being hereto attached as Exhibit "A ": January 14`h, 22nd and 23` d, 2015, alleged violation of Section ( b) of the Code of Ordinance, which states, in part: The towing company shall be entitled to two passes during a calendar month. In the event that the towing company passes three or more times during a calendar month, the towing company shall be subject to suspension from the rotation list for a period deemed appropriate by the tow truck committee Should the Committee find that the towing company in question has violated any articles, statutes, rules or regulations related to the tow truck ordinance and/ or tow agreement, the Committee shall take appropriate action, which may include, but is not limited to, suspension or revocation of the tow truck permit, which shall result in a suspension from the rotation list for a period determined to be appropriate by the Committee. This hearing is scheduled during the Committee' s meeting on May 13, 2015, which will begin at 5: 00 p. m. in the City Council Chamber, City Hall, 2401 Market Street, Baytown, Texas. At the hearing, the towing company will be required to submit proof of compliance with the applicable provisions of Article III of Chapter 102 of the Code of Ordinances Baytown, Texas, the tow agreement, as well as the statutes and rules and regulations that govern tow truck operations and business. vww. baytown. org

6 Should you need any additional information or have any questions, please contact our office at Sincerely, ticia rysch City Clerk

7 EXHIBIT " A" A -1: CASE NUMBER , JANUARY 14, 2015 A -2: CASE NUMBER , JANUARY 22, 2015 A -3: CASE NUMBER , JANUARY 23, 2015

8 Page 1 Date Report Run : Mon, Mar - 30 For: SPECIAL SERVICES SYNOPSIS SEARCH CRITERIA: ss_ log. ss_ code =' TT' and ss_ log. recommended_ comp =' ss_ log. notify_ date between 101/ 01/ 2015' and 101/ 31/ 2015' T7' and OCCURRENCE # SPECIAL SERVICE DATE / TIME COMPANY REMARKS WRECKER ROTATIO Cancel: OFFICER DISREGARD Jan : 01 WRECKER ROTATION Jan : 00 WRECKER ROTATION Jan : 04 WRECKER ROTATION Jan : 21 WRECKER WRECKER ROTATION Jan : 35 WRECKER ROTATION Jan : 16 WRECKER ROTATION Jan : 26 WRECKER ROTATIO Cancel: WRECKER PASSED Jan : 04 WRECKER ROTATION Jan : 43 WRECKER ROTATION Jan : 16 WRECKER ROTATION Jan : 34 TT - WRECKER ROTATIO Cancel: SERVICE DISP BY M Jan : 40 WRECKER ROTATIO Cancel: WRECKER PASSED Jan : 43 WRECKER ROTATIO Cancel: WRECKER PASSED Jan : 47 tjn WRECKER ROTATION Jan : 31 f WRECKER ROTATION Jan : 02 WRECKER ROTATION Jan : 43 WRECKER ROTATION Jan : 53 A l IT 1 RECORDS RECORDS RETURNED: RETURNED: END END OF OF COMPLETED COMPLETED CALL CALL SYNOPSIS SYNOPSIS

9 BAYTOWN TOW TRUCK COMMITTEE 1. b. Meeting Date: 05/13/2015 Action Item - Batton Wrecker Service - January 2014, Three Passes in One Month Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Consider and take appropriate action regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement by Batton Wrecker Service, owned by Mr. Robert Batton. PREFACE After the hearing, if the committee finds that the towing company in question has violated any articles, statutes, rules or regulations related to the tow ordinance, code or agreements, the committee shall take appropriate action, 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 towing company. The notification will also inform the tow company of its right to appeal the committee's decision to the Appeal Administrator, which is the Municipal Court Judge.

10 BAYTOWN TOW TRUCK COMMITTEE 2. a. Meeting Date: 05/13/2015 Hearing - Kenneth Hammers DBA Ranger Towing (Run Time Violation) Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Conduct a hearing regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement with the City of Baytown, by Kenneth Hammers DBA Ranger Towing, owned by Mr. Kenneth Hammers. PREFACE On January 5, 2015, and per Section (b) of the Code of Ordinances (the "Code"), the Tow Truck Committee (the "Committee"), reviewed the operations and activities of each towing company's activities for compliance with the Code, agreement, the statutes, and rules and regulations that govern tow truck operations and business. On April 6, 2015, the Committee set hearings regarding Kenneth Hammers DBA Ranger Towing, owned by Mr. Kenneth Hammers, for the following: (i) alleged violation that occurred on November 15, 2014, of Section (a) of the Code, which states in part that: A towing company who has been called from a rotation list to tow a vehicle shall arrive at the location within 30 minutes after the time the towing company or its representative was notified by public safety communications division...failure to comply with this subsection shall constitute a run-time violation. At this hearing, the Committee shall consider evidence and arguments presented to determine whether the towing company committed the alleged violation(s). On April 29, 2015, in accordance with Section (c), the towing company in question was given notice of the hearing and of the reason therefor; such notice is attached to this item for your review. Lastly, per the Committee's request, below is a history of prior violations brought before the Committee by the towing company and/or other towing companies owned by Mr. Kenneth Hammers: On March 13, 2014, the Committee found Goose Creek Towing, owned by Mr. Kenneth Hammers, in violation of Section (4) (5) and (6) "Tow truck ticket form" of the Code for failure to complete a Baytown tow truck ticket form and provide same ticket to the vehicle owner/operator; Section "Solicitation of business prohibited" of the Code for soliciting business for repair shop at the scene of an accident' and Section 3.04(f) of the Tow Truck Agreement (Regular Rotation) for failure to provide satisfactory general services or conduct itself in a reasonable manner

11 for failure to allow the vehicle owner to retrieve his vehicle in the days following the accident. The Committee directed staff to revoke the towing company for the permit year, for the founded violations. Goose Creek Towing through legal representation filed an appeal on March 24, 2014, and in lieu of the appeal hearing, the Council, on April 10, 2014, approved a settlement agreement that modified the Committee's decision to revoke the towing companies permit to the following: A. Suspension totaling one hundred seventy-three (173) days to be applied in staggering consecutive increments as follows: (i) A thirty (30) day suspension to apply to all tow truck companies owned by Mr. Hammers, to begin on April 11, 2014, and end at 11:59:59 p.m. on May 10, 2014; then (ii) A seventy -one (71) day suspension, beginning at 12:00:01 a.m. on May 11, 2014, and ending at 11:59:59 p.m. on July 20, 2014, for Goose Creek Towing and Always Towing; then (iii) A seventy -two (72) day suspension, beginning at 12:00:01 a.m. on July 21, 2014, and ending at 11:59:59 p.m. on September 30, 2014, for Baytown Auto Storage, N. Main Towing, and Baytown Collision. B. Civil Penalty. The Tow Truck Company agrees to pay a FIVE HUNDRED AND NO 1100 DOLLAR ($500.00) civil penalty to the City within ten (10) days of the execution of this Agreement. C. Reimbursement to Vehicle Owner. The Tow Truck Company agrees to reimburse TWO THOUSAND SEVEN HUNDRED ELEVEN AND 38/100 DOLLARS ($2,711.38) to the vehicle owner of the vehicle in question that was subject to the Nonconsent Tow. The letter of revocation, the appeal, and settlement agreement are attached for your review. Also, on May 13, 2014, Committee found Kenneth s Paint & Body, owned by Mr. Kenneth Hammers, in violation of Section "Duty of tow truck operator" of the Code for failure to arrive at the location within 30 minutes after the time the towing company or its representative was notified by the public safety communications on February 16, The Committee directed staff to suspend the towing company from the nonconsent tow list for two rotations, this item was not appealed, and the suspension of the company was enforced. Said Finding and letter is attached to this item for your review. Notice of Hearing - Ranger Towing Attachments

12 BAYTOWN S CITY OF BAYTOWN OFFICE OF THE CITY CLERK 2401 Market Street P. O. Box 424 Baytown, Texas ) April 29, 2015 Kenneth Hammers DBA Ranger Towing ATTN: Kenneth Hammers 5552 N. Main Street Baytown, Texas VIA REGULAR MAIL AND CM /RRR# Re: Notice of Tow Truck Committee Meeting/Hearing before the City of Baytown' s Tow Truck Committee - Wednesday, May 13, 2015 at 5: 00 p.m. Dear Mr. Hammers: This letter shall serve as notice that the Baytown Tow Truck Committee ( the " Committee ") will hold a public hearing regarding alleged violations( s) of federal, state or local laws, including Article III of Chapter 102 of the Code of Ordinances Baytown, Texas, and/ or the Tow Agreement by Kenneth Hammers DBA Ranger Towing, owned by Mr. Kenneth Hammers. Below is a summary of the alleged violations being hereto attached as Exhibit "A ": A. November 15, 2015, alleged violation of Section ( a) of the Code of Ordinance, which states, in part: A towing company who has been called from a rotation list to tow a vehicle shall arrive at a location within 30 minutes after the time the towing company or its representative was notified by public safety communications division... Failure to comply with this subsection shall constitute a run -time violation. Should the Committee find that the towing company in question has violated any articles, statutes, rules or regulations related to the tow truck ordinance and. /or tow agreement, the Committee shall take appropriate action, which may include, but is not limited to, suspension or revocation of the tow truck permit, which shall result in a suspension from the rotation list for a period determined to be appropriate by the Committee. This hearing is scheduled during the Committee' s meeting on May 13, 2015, which will begin at 5: 00 p.m. in the City Council Chamber, City Hall, 2401 Market Street, Baytown, Texas. At the hearing, the towing company will be required to submit proof of compliance with the applicable provisions of Article III of Chapter 102 of the Code of Ordinances Baytown, Texas, the tow agreement, as well as the statutes and rules and regulations that govern tow truck operations and business. vvww. baytown. org

13 Should you need any additional information or have any questions, please contact our office at IS,' erely, Leticia Brysch City Clerk

14 EXHIBIT "A" COMMUNICATIONS REPORT

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16 BAYTOWN TOW TRUCK COMMITTEE 2. b. Meeting Date: 05/13/2015 Action Item - Kenneth Hammers DBA Ranger Towing (Run Time Violation) Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Consider and take appropriate action regarding alleged violation(s) of (i) Chapter 102, Article III of the Code of Ordinances and/or (ii) its Tow Agreement with the City of Baytown, by Kenneth Hammers DBA Ranger Towing, owned by Mr. Kenneth Hammers. PREFACE After receiving evidence at the hearing concerning the alleged violation(s) of Article III, Chapter 102 of the Code of Ordinances, Baytown, Texas (the "Code"), the Tow Truck Committee shall determine whether the alleged violations occurred and what the appropriate action should be. Such action may include, but is not limited to, temporary suspension of the tow truck permit which results in temporary suspension from the applicable rotation list, etc. Thereafter, the Tow Truck Committee will reduce its findings to writing. Such findings and notice of the right to appeal will be sent to the towing company.

17 BAYTOWN TOW TRUCK COMMITTEE 3. a. Meeting Date: 05/13/2015 Next Committee Meeting Prepared for: Leticia Brysch, City Clerk's Office Prepared by: Leticia Brysch, City Clerk's Office Information ITEM Discuss and set the date and time for the next Tow Truck Committee Meeting for the month of July PREFACE Discuss and set the date and time for the next Tow Truck Committee Meeting for the month of July The next regular meeting date is the first Monday of the first month of the quarter, which in this instance is July 6th, 2015, at 5:30 p.m.; however, due to some scheduling conflicts, this meeting needs to be rescheduled.

Re: Notice of Tow Truck Committee Hearing before the City of Baytown' s Tow Truck Committee October 19, 2015 at 5: 30 p.m.

Re: Notice of Tow Truck Committee Hearing before the City of Baytown' s Tow Truck Committee October 19, 2015 at 5: 30 p.m. BAYTOWN CITY OF BAYTOWN LETICIA BRYSC' H, OFFICE OF THE CITY CLERK 2401 Market Street P. O. Box 424 Baytown, Texas 77522-0424 281) 420-6504 ( 281) 420-5891 rae October 8, 2015 Auto Commerce LLC Attn: Mr.