The URL can be used to link to this page

Home My WebLink AboutO-1996-2136-B 13 . ~- ,.,.,....- REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: Novemb~ Requested By: Tim Tietiens ~ Department: Plannin!! ADDrooriation Source of Funds: Nt A Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: Exhibits: Ordinance Amount Requested: SUMMARY & RECOMMENDATION The Wrecker Committee was established by Section 78-221, Chapter 78 (Vehicles for Hire) of the Code of Ordinances in the early 1990's. Composition of the Committee is the Chief of Police (or designated representative), the City Secretary and the City Manager (or designated representative). On September 2, 2008, the Committee met to discuss a request by Mr. Bobby Slocum, of La Porte Towing and Mr. Tim DeWalt, of DeWalt Towing, for a possible rate increase for non-consellt towing services. Upon review, the Committee detennined that in comparison with several other wrecker associations, rates charged by La Porte were significantly lower. The Committee recommended the following rate increases for non-consent towing services: . Increase the maximum charge for non-consent tows to $145, omitting additional charges for labor not included in a nonnal tow. Increase daily vehicle storage fee to $20 for vehicles less than 25 feet in length and $35 for vehicles 25 feet or more in length. Allow an additional $3.50 per mile charge for out-of-town tow. . . During the October 27,2008, City Council Workshop, questions were raised regarding the defInition of consent towing and storage duration. To the extent allowable by law, the proposed ordinance does address these issues. These changes, as shown in the attached draft ordinance amendment, would replace in its entirety; Code of Ordinances Chapter 78, Article III, Division 4, Section 78-329 and Appendix - A Fees, Chapter 78, Article m, Division 4. onsid an amendment to Chapter 78, Section 329 of the Code of Ordinances and Appendix - A "Fees" regardi g permissible fees and charges for non-consent towing. (/ /~ k nate I ORDINANCE NO. 2008- .tl~ ~ AN ORDINANCE AMENDING CHAPTER 78 "VEIDCLES FOR HIRE" OF THE CODE OF ORDINANCES OF THE CITY OF LA 'PORTE, BY AMENDING ARTICLE IiI "AUTOMOBILE WRECKER AND TOWING VEIDCLES", DIVISION 4 "REGULATIONS", SECTION 78-329 "PERMISSIBLE FEES AND CHARGES FOR NON-CONSENT TOWING" AND AMENDING CHAPTER 78 "VEHICLES FOR HIRE" OF APPENDIX-A "FEES" OF THE CODE OF ORDINANCES, TO INCREASE ALLOWABLE. CHARGES FOR NON-CONSENT TOWING, INCREASE STORAGE FEES, AND TO ALLOW ADDITIONAL PER MILE CHARGE FOR OUT OF TOWN TOWS; PROVIDING FINDINGS OF FACT AND OTHER MATTERS RELATED THERETO; PROVIDIN(; AFFIRMATIVE DEFENSES; PROVIDING FOR A PENALTY; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; Section 1. That Chapter 78 of the Code of Ordinances of the City of La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4 "Regulations", Section 78-329, "Permissible fees and charges for Non-Consent Towing" in its entirety, to read as follows: "Section 78-329. Permissible fees and charges for Non-Consent Towing. "(a) Maximum charge for non-consent tow, per wrecker. Except as otherwise provided in thus section, the maximum charge for all non-consent tows from the scene of an accident in the city limits to the place of business of the wrecker operator, or other location, shall not exceed an amount established by the City and listed in Appendix A of this Code. A non-consent tow means picking up the vehicle or moving and towing the vehicle from the street to a location, where 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. (b) Additional per mile charge for out of town tows. An additional per mile charge. not to exceed an amount established by the City and listed in Appendix A of this Code, may be assessed for non-consent tows requiring transport of vehicles to a location or destination outside the city limits, for distances up to 50 miles. (c) Storage charges. A charge not to exceed an amount established by the City and listed in Appendix A of this Code, per day may be made for the storage of vehicles after the first 12 hours, when resulting from non-cOnsent tows. If the vehicle is picked up during a time other than 8:00 a.m. to 5:00 p.m., Monday through Friday, the storage charge may be charged in any event. (d) Wrecker tickets; required information. Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that ate eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the city. A city police depaI1ment inventory form may be utilized as an official wrecker ticket as long as it contains the following information: (1) Name and address of the wrecker company. (2) Time and location of the accident. (3) Name, address and phone number of the place to which the vehicle is to be towed. (4) Description of the vehicle and a general description of the parts of the vehicle that have been damaged. (5) An itemized list of services to be performed, charges for each and total charges. (6) A place for the signatures of the auto owner or other person (including a police officer) authorizing the tow of a vehicle. (7) One copy of the wrecker ticket is to be given to the customer, and one copy is to be given to the investigating police officer." Section 2. That Chapter78 of Appendix - A "Fees" of the Code of Ordinances of the City of La Porte is hereby amended by amending Article III "Automobile Wrecker and Towing Vehicles", Division 4 "Regulations" in its entirety, to read as follows: "Division 4. Regulations (a) Maximum charge for non-consent tow... ........... .......... .....$145 78-329(a) (b) Additional per mile charge for out of town tow, not to exceed 50 miles............................................ ...$3.50/mile (c) Vehicle storage charge (daily) (1) Vehicles less than 25 feet in length....................... ...$20 (2) Vehicles 25 feet in length or more........................ ...$35" 78-329(b) 78-329(c) Section 3. Open Meetings. 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 was 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 Open Meetings Law, Chapter 551, Texas Government 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. Section 4. Severability. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 5. Effective Date. 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, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. ~ PASSED AND APPROVED this the I ()It- day of IJ 0 U . , 200_. ~y~ Alton E. Porter Mayor By: ATTEST: ~ttd1L (j. P(4# Martha A. Gillett City Secretary APPROVED: ~/:..~ Clark T. Askins Assistant City Attorney