HomeMy WebLinkAboutO-1999-1387-C
8
REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
02-27-06 SA;J
D. WilmO"~ f
~
Planning
Bud2et
Agenda Date Requested:
Requested By:
Source of Funds: nJa
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance #99-1387-C
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits
SUMMARY & RECOMMENDATION
Staff reviewed options for making the inoperable/junk vehicle program more efficient. Our proposal would
eliminate the city paying a wrecker to remove the vehicle as well as the need for a vehicle impound yard.
Additional staff (inspection and purchasing) time is spent in bid preparation for the sale of the vehicles and
overseeing the actual removal of the same vehicles at a later date. Records show an annual expenditure of $1,550.00
in wrecker fees for fiscal years 2002 thru 2005.
In reviewing the current regulations, the only conflict noted for making the change was Sect. 34-171 which requires
the Q1y to cancel the title within five days of the vehicle removal. The ordinance attached amends that language to
say the title will be cancelled but does not designate the city.
While the title still has to be cancelled within that time period, our proposal is to require the salvage
company/demolisher to handle the paperwork since they will be removing the vehicle from the location and moving
it directly to their yard at no cost to the city. Our agreement with that company would make them responsible for all
state required paperwork and for providing copies of said paperwork to the city.
Should this change not occur, the city will need to develope an impound site that would be surfaced in a manner that
does not allow vehicle contaminates to create environmental issues.
If this change is approved by Council, staff would amend our procedure for the handling/removal of inoperable/junk
vehicles and coordinate with established, state approved salvage/demolisher companies. Our proposal includes
implementation with the effective date of the ordinance.
Action Reauired bv Council:
Consider approval of an Ordinance #99-13 87 -C and/or provide staff with direction
rJ -cJ {- O~
Date (
ORDINANCE NO. 99-1387-C
AN ORDINANCE AMENDING CHAPTER 34, "ENVIRONMENT,"
ARTICLE V "JUNKED MOTOR VEHICLES," AND SECTION 34-171
"NOTICE TO STATE DOT OF REMOVAL, TITLE CANCELLATION;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS
LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT
ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE
SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED TWO
THOUSAND DOLLARS; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE,
TEXAS:
Section 1: That Chapter 34, Article V and Section 34-171 of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
CHAPTER 34. ENVIRONMENT
ARTICLE V. JUNKED MOTOR VEHICLES
Sec. 34-171. Notice to State DOT of removal; title cancellation.
Notice shall be given to the state department of transportation within five days
after the date of removal identifying the vehicle or part of such vehicle. The
department shall forthwith cancel the certificate of title to such vehicle.
Section 2: All ordinances or parts of ordinances inconsistent with the terms of
this ordinance are hereby repealed; provided, however, that such repeal shall be only to
the extent of such inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject matter covered by
this ordinance.
Section 3. Any person, as defined in Section 1.07 (27), Texas Penal Code,
who shall violate any provision of the ordinance, shall be deemed guilty of a
misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2,000.00).
Page 2
Ordinance #99-1387-C
Section 4. This Ordinance shall be effective fourteen (14) days after its
passage and approval. The City Secretary shall give notice of the passage of this
ordinance by causing the caption hereof to be published in the official newspaper of
the City of La Porte at least twice within ten (10) days after the passage of this
ordinance.
Section 5. The City Council officially finds, determines, recites and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council is posted at a place convenient to the public at the City Hall of the city for the
time required by law preceding this meeting, as required by the Chapter 551, Tx. Gov't
Code; and that this meeting has been open to the public as required by law at all times
during which this ordinance and the subject matter thereof has been discussed, considered
and formally acted upon. The City Council further ratifies, approves and confirms such
written notice and the contents and posting thereof.
PASSED AND APPROVED this the;) rrl-aay of -;:::-~ ~ (at( f Y
,2006.
CITY OF LA PORTE ~
By. C'(~ \~
Mayor
ATTEST:
~:lio- O. o<Jftd
CIty Secretary