Dallas County commissioners' efforts to improve county towing operations with detailed contracts for all five constables hit a possible roadblock this week.

A company that tows and impounds vehicles almost exclusively for two constables – Derick Evans and Jaime Cortes – sent a letter to County Judge Jim Foster and the county's purchasing agent, warning the county not to interfere with contracts the company says it already has.

A lawyer for Dowdy Ferry Auto Services wrote in the letter that the contracts with Evans and Cortes expire next year and contain an automatic renewal provision. The lawyer, Dan Wyde, demanded that the county remove Evans' and Cortes' precincts from its towing bid solicitation.

It's the first time the existence of constable towing contracts has come to light since the towing controversy began in July. Evans and Cortes, of precincts 1 and 5, previously have said they didn't have contracts with Dowdy Ferry. Evans said at the time that any contracts would have to "go through the county."

In his letter to the county, Wyde wrote that any violation of the contracts with Dowdy Ferry could result in legal action against the county.

"Dowdy Ferry is in compliance with and has performed satisfactorily on that contract since inception," Wyde said in the letter.

Wyde, a former criminal court judge, said he plans to seek a restraining order this morning to prevent the county from signing towing and storage contracts for constable precincts 1 and 5.

"This is about taking power from the constables and sheriff ... and transferring that power to the commissioners," Wyde said.

Commissioners said that only they have the authority to enter into contracts on behalf of the county. County lawyers are researching the matter and hadn't responded as of late Tuesday to Dowdy Ferry's demands.

"If he has one, it's null and void," Foster said about Dowdy Ferry's contract.

In Texas, generally only the commissioners and county purchasing agents have the authority to sign contracts, according to the Texas Association of Counties.

Wyde said Dallas County has misled the constables about their ability to contract for some services. He said a section of the transportation code allows law enforcement to contract for vehicle removal and storage.

Shannon Brown, the assistant Commissioners Court administrator and former county purchasing director, said she was not aware of any existing constable towing contracts.

"I don't think it's a valid contract," she said.

The county is working on towing and vehicle storage contracts with qualified towing companies for the constables and sheriff after questions were raised about Evans' and Cortes' towing operations.

The Dallas Morning News reported in July that Cortes and Evans have been impounding thousands of vehicles without overseeing the process or requiring Dowdy Ferry to provide records showing what happened to the vehicles.

The Texas Department of Licensing and Regulation currently is investigating Dowdy Ferry for administrative violations.

Evans and Cortes have said their offices have done nothing improper. Evans has referred all questions to his lawyer, Sen. Royce West, D-Dallas. West could not be reached for comment Tuesday.

Lawrence Friedman, an attorney for Cortes, said the constable signed the contract to give Dowdy Ferry the authority to tow cars and to define the scope of their work. He said that because the company is not being paid, he believes the contract is valid. And he said Cortes didn't acknowledge the contract earlier because no money changed hands.

"He can delegate authority, and that appears to be what he's done," Friedman said. "He wanted to make sure there were some guidelines for the towing company." He added that the towing issue is part of an ongoing political smear campaign against Cortes.

Cortes stopped using Dowdy Ferry for two months but is now using the company again along with other wrecker services because Dowdy Ferry has complied with required procedures, Friedman added.

Foster said he recalls Milad "Chris" Nasrallah Sr., the owner of Dowdy Ferry, saying during a recent meeting with Foster and other county officials that he didn't have any contracts with the constables.

"Now he's saying he does. He can't have it both ways," Foster said. "That won't pass the smell test."

Wyde showed The News copies of two towing "services agreements" that bore the signatures of Nasrallah, as well as Evans and Cortes.

Evans' contract was dated Sept. 1, 2006, while Cortes' was dated May 1, 2008.

Wyde said he didn't know who drafted the five-page agreements, which contain general provisions about towing and vehicle storage.

For its contracts, the county is requiring companies to have at least five years of experience in towing and three years of experience operating a vehicle storage lot. Companies will have to submit to records inspections, provide references, give a summary of all violations issued by state regulators, and show how proper procedures will be followed.

Wyde said constables should be allowed to hire their own towing and storage contractors. And he said the county is not entitled to a share of the proceeds of abandoned vehicles that are auctioned.

The county is seeking "revenue sharing opportunities" from bidding firms.

Proposals from towing companies for the county contracts are due Nov. 23, according to the county's Web site.