10.25.030 Complaint – Hold-harmless agreement for towing off of private property.
(a) No vehicle shall be towed away or otherwise taken into possession or custody by members of the Police Department unless and until the owner or person in possession of the private property on which the vehicle is abandoned shall sign a complaint and a hold-harmless agreement. The signing of the complaint shall be deemed conclusive of the complainant’s consent and promise to pay the costs of towing or removing the vehicle and the reasonable storage charges therefor if the complaint is withdrawn by the complainant or is found to have been made by mistake or error or if the vehicle is not claimed and the City is not otherwise reimbursed for such towing or removing or storage charges, in which latter event, the complainant shall be deemed liable to the City, as concerns towing, removing and storage costs, only to the extent the City is not so reimbursed.
(b) The purpose of the hold-harmless agreement required by this section shall be to make the complainant:
(1) Primarily liable, instead of the City, and to exonerate the City and hold it blameless and without liability to any person on account of any injuries or damages or other cause of action that might accrue to the owner of the vehicle or to any other person arising out of the towing, removing, storing or the taking and during the period of possession or custody of the vehicle by the City or its employees or agents; and
(2) Liable to indemnify and reimburse the City for any and all expenses and costs, including reasonable attorneys’ fees and all costs in defending lawsuits incurred by the City because of any alleged or actual liability to any person imposed on the City and arising out of any of such acts of towing, removing, storing or the taking and during the period of possession or custody of such a vehicle.
(c) The hold-harmless agreement required by this section shall in essence contain the following information in such form as shall be approved by the City Attorney:
(1) Description of the vehicle;
(2) Date of abandonment;
(3) Address of the place of abandonment;
(4) Name of the owner or person in lawful possession of the property upon which the vehicle is abandoned;
(5) Name of the principal for whom an agent is acting, if applicable;
(6) An acknowledgment that the complaining party assumes all liabilities which may accrue by the removal of the property;
(7) An acknowledgment by the complaining party that he or the principal for whom he acts assumes primary liability for any actions arising from the removal of the property; and
(8) An acknowledgment that the complaining party or the principal for whom he acts expressly promises and agrees to indemnify and reimburse the City for all expenses, costs, reasonable attorney fees and costs in defending lawsuits incurred by the City because of any such alleged or actual liability arising from the removal. (Code 1981 § 43-404. Code 1995 § 142-268.)
Cross References:City Attorney, TMC 2.20.070.