HomeMy WebLinkAboutO-2023-3944ORDINANCE 2023-3944
AN ORDINANCE AMENDING APPENDIX — A "FEES" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, TEXAS, BY INCREASING THE
MAXIMUM ALLOWABLE CHARGE FOR NON -CONSENT TOWS PERFORMED BY
AUTOMOBILE WRECKERS AND TOWING VEHICLES IN THE CITY OF LA PORTE,
TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF
WHEREAS, the City of La Porte received written requests from two (2) automobile wrecker/tow
truck operators licensed to perform non -consent tows in La Porte, Texas, that the City of La Porte
increase the maximum allowable charge for non -consent tows performed by automobile wreckers
and tow truck operators in the City of La Porte; and
WHEREAS, the La Porte Wrecker Committee met on July 20, 2023, and after hearing evidence
presented by two (2) automobile wrecker/tow truck operators licensed to perform non -consent
tows in La Porte, Texas, that the operators have incurred significantly higher costs for acquisition
of wrecker and towing vehicles, insurance, fuel, equipment and maintenance due to inflation, voted
to recommend to the La Porte City Council that the maximum allowable charge for non -consent
tows be increased from $145 to $185.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
LA PORTE, TEXAS:
Section 1. That the facts and recitations set forth in the preamble of this ordinance are true and
correct.
Section 2: That Appendix — A "Fees", Chapter 78 "Vehicles for Hire", Article III,
"Automobile Wreckers and Towing Vehicles", Division 4 "Regulations", subparagraph "a"
"Maximum charge for non -consent tow" is hereby amended and shall hereinafter read as follows:
(a) Maximum charge for non -consent tow $185 78-329(a)
Section 3: The City Manager shall biannually report to the City Council on a review of the
maximum non -consent towing rate codified in Appendix- A "Fees", Chapter 78 "Vehicles for
Hire", Article III, "Automobile Wreckers and Towing Vehicles", Division 4 "Regulations",
subparagraph "a".
Section 4: 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hereby repealed; provided, however, that such repeal shall be only to the extent of such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 5: 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 6. The City Council officially Ends, 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 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.
Section 7. This ordinance shall be effective immediately upon passage its passage and approval.
PASSED AND APPROVED this the 1 Ith day of SEPTEMBER 2023.
ATTEST:
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APPROVED AS TO FORM:
Clark T. Askins, City Attorney