O-2008-2136-B amend Ch 78, permissible fees and charges for non-consent towing (original 1996)

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askins & askins p.c. ATTORNEYS and COUNSELORS Knox W. Askins Clark T. Askins November 10, 2008 Hon. Mayor & City Council City of La Porte City Hall La Porte, Texas Dear Lady and Gentlemen: Appearing on tonight's agenda is an ordinance authorizing an increase in non-consent towing fees, the original draft of which was works hopped during the October 27th meeting. In response to issues and questions raised during the workshop meeting, the following changes were made to the ordinance: 1. The definition of "non-consent tow" under proposed section 78- 329(a), was expanded to incorporate the definition under the Texas Occupations Code, to state that "A non-consent tow means picking up the vehicle or moving and towing the vehicle form the street to a location, when the tow was not initiated by the vehicle owner or operator or the consent of the vehicle owner or operator has not been otherwise secured." ( emphasis added) ,;.-. 2. A distance limitation of 50 miles, was added to proposed Section 78-329(b), so that per mile allowance of $3.50 being added to this ordinance is applicable only to trips of 50 miles or less. At the Council workshop, ,the first question asked was whether a municipality can set a limit on the length of time a vehicle storage yard can keep towed vehicles on the premises. The concern was that a vehicle storage yard could become a de facto junk yard. Texas Occupations Code Chapter 2303, which governs the use and licensing of vehicle storage of towed vehicles, does not establish a limit on the time a towed vehicle can remain at a storage yard. Chapter 2303 requires that operators give a series of notices to the vehicle owner i after 41 days from th.e sending of initial notice, a second notice is sent giving the owner 10 days to pay all fees and pick up the vehicle. After expiration of the 10 days, the vehicle is legally considered abandoned. Once abandoned, Chapter 2303 provides that the facility owner "may" sell the vehicle at public auction, but does not compel any other action. The proposed maximum daily storage fee is specifically by Chapter 2302, in section 202.155(b) (3). <:/ , / /,/ l', c; authorized ~-;p '<"~ (::?~ 702 W. Fairmont Parkway, P.O. Box 1218, La Porte, TX 77572-1218 281.471.1887 phone . 281.471.2047 fax knoxaskins@comcast.net. ctas!dns@swbell.net