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<br />CITY OF LA PORTE <br />WRECKER COMMITTEE <br /> <br />MINUTES OF AUGUST 22, 2006 <br /> <br />Committee Members Present: Wayne Sabo, Planning Director (designated representative of the City <br />Manager); Martha Gillett, City Secretary; and Aaron Corrales, Asst. <br />Police Chief (designated representative of the Ponce Chief) <br /> <br />Staff Members Present: Clark Askins, Assistant City Attorney; Sharon Harris, Assistant City <br />Secretary; Debbie Wilmore, Chief Building Official; Tammy Noel, <br />Community Service Inspector; Mike Kirkwood, Inspector I; and Peggy <br />Lee, Office Coordinator <br /> <br />1 CALL TO ORDER <br /> <br />Meeting called to onierby Chairman Wayne Sabo at 2:02 PM. <br /> <br />2. CONSIDER APPROVAL OF AUGUST 1,2006, MEETING MINUTES. <br /> <br />Motion by Martha Gillett to approve the Minutes of August 1, 2006. Second by Wayne Sabo. <br />Aaron Corrales abstained. Minutes approved as presented. <br /> <br />3. RECEIVE REPORT FROM CITY ATTORNEY REGARDING LEGALITY OF <br />REGULA nONS RESTRlCTlNG THE NUMBER OF AUTO WRECKER PERMITS AND <br />TOWING VEIDCLE PERMITS. <br /> <br />Assistant City Attorney, Clark Askins, reported on the legality of regulations restricting the <br />number of e.-tags. He cited a 1996 Federal DistrictCourt Case in Houston whereby the City of <br />Houston argued they could limit the number of e-tags issued based on safety. The court <br />determined the City had not shown the regUlation to limit e-tags was related to safety issues. <br />Federal Law does not allow municipalities to regulate the number of e-tags based on economic <br />concerns. Mr. Askins stated it is a matter that would be taken up by Courts on a case-by-case <br />basis. <br /> <br />Asst. Police Chief Corrales stated the Committee, in the past, took into uons-ideration "need and <br />necessity". Mr. Askins noted that having a wrecker rotation list in effe.ct makes it more difficult <br />to claim safety as a reason for limiting the number of e-tags. He also noted the City is not <br />prevented from regulating the number of e-tags if prepared to argue it is-due to safety is-sues. <br /> <br />The Committee discussed the matter. <br /> <br />Motion by Asst. Chief Corrales to direct staff and the Legal Department to prepare language for a <br />change to City ordinance that does- not restrict the number of auto wrecker permits issued, based <br />on Federal Statute. Second by Martha Gillett. The motion carried unanimously. <br />