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Home My WebLink About1984-04-11 Regular Meeting / / .. . , e~_ . ... . , .....-.- ...-- .-:.. ~ TO: Jack ONeIl City Manager FROM: Robert T. Herrera Date: 3/20/84 REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested:Jpr; {. 111-,'1)8'1 . lAl(>'rkshlfi 2. ~ Report Resolution Ordinance 3. Proj~ct Summary: Ordinance No. 1382 is in need of an anendment. This ordinance establishes the \-later and Sewer rates and fees for the City. Staff feels that sec. 26-14 of the ordinance regulating the Deposit Schedule needs to be expanded to address deposit return on single family residence. 4. Action Required: Allow staff to "make presentation on what areas it feels should be considered for an arrendrrent. 5. Alternative: ro not allow staff to make a recormendation and keep existing ordinance no.1382 as is. 6. Recommendation: Staff would like to reconrnend that ordinance no. 1382 be amended whereby its deposit schedule is expanded upon to allow the deposit to be r~funded to a haneowner on a ti.nely basis. 7. Exhibits: a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: No II >~ DaLe 6.\ r/ e % ... < - ......--...-. ~. TO: Jack (Men City Manager FROM: Robert T. Herrera Date: March 20, 1984 REQUEST FOR CITY COUNCIL AGENDA ITEM 2. x Report Resolution Ord.inance 1. Agenda Date Requested: r~ch 28, 1984 ,Workshop 3. Proj~ct Summary: The City of La Porte's wrecker ordinance is in need of updating. 4. Action Required: Hear staff recoriirrendation on the areas in which the City's current wrecker ordinance needs improvement. 5. Alternative: Ib not hear staff reconmendation and leave existing wrecker ordinance as is. 6. Recommendation: Staff recorcmends the City's current wrecker ordinance be uPdated. 7. Exhibi ts : Revised ordinance is being fOl:warded by the City Attorney's office. a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: . Funds Avail ab le: _Yes No Robert T. Herrera G?T; #-, P.eo:uested By .Appro ed for City Council Agenda {~ Clty Hanager .~. I I II II C.I Date ~/. e - ORDINANCE NO. ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, II AUTO WRECKER AND TOWING VEHICLE": REGULATING AUTO WRECKERS AND TOWING VEHICLES: 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 HUNDRED DOLLARS: PROVIDING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OT THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and substituting therefore. the following, to-wit: C!..d- r; . It -- " ~ Ordinance , Page 2 Sec. 6-1. Definitions (a) Towing Vehicle. The tenn "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transport- ing any motor vehicle Which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident, Where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene unless summoned there by the owner of the vehicle involved in such'accident, either directly or through the police department. The tenn "towing vehicle" shall not be construed to include a service car or other vehicle not equipped wi th mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped wi th compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for perfonning minor repairs not involving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The tenn "auto wrecker", as used in this chapter, shall mean a towing vehicle which m~y lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or Which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the police deparbnent or the owner of one of the vehicles involved in the accident. (c) Person. The tenn person shall include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. (d) Wrecker Driver. The tenn "Wrecker Driver" as used in this c..3 e e Ordinance , Page 3 chapter, means any individual who actually operates and drives an "Towing Vehicle" or "Auto Wrecker" on the streets of the City of La Porte, either on his own account or in the employ of another. ( e ) Owne r . The term Owner, as used in this chapter, shall be construed to mean any person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wreck- ing or repairing motor vehicles for hire and who owns or is entitled to use any "Auto Wrecker", or "Towing Vehicle", and who uses same in the conduct of his business or any part thereof. (f) Committee. The term "Committee", as used in this chapter, shall mean the City Council Wrecker Committee. The City Council Wrecker Committee shall be composed of the" following persons: 1. The Chief of Police, City of La Porte, or his duly designated representatives: 2. A Member of the city Council of the City of La Porte: 3. A duly appointed representative of the La Porte Wrecker Association: 4. City Manager of the City of La Porte or his duly designated representative: 5. A business or professional person, a citizen residing within the City limits of the City of La Porte, not an elected or appointed official or an employee of t~e City of La Porte, or a representative" of the La Porte Wrecker Association. Sec. 6-2. Permits Required." fa) Towing Vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wrecking or repairing 5 uch wrecked or disabled vehicles without having first obtained a towing vehicle pennit, from the City of La Porte, duly issued to such person to operate the vehicle on the streets of the c...Ll- e e I I Ordinance , Page 4 city under the terms and prov~sions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, upon any public street in the city for the purpose of towing or hauling wrecked or diabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the City of La Porte, duly. issued to such person to operate an emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, proof than an owner's wrecking vehicle was present at the scene of a collision or accident in Which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or caus- ing to be operated his wrecking vehicle as an unlicensed towing vehi- cle or auto wrecker as the case may be. Sec. 6-3. Insurance required. (a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of said permit shall be granted, the owner shall be required to file an in- surance policy and or certificate of insurance policy and or certifi- cate of insurance with the City Secretary, evidencing insurance cover- age complying with the requirements contained in paragraph (b) below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability ~s- I, e It , Page 5 Ordinance policies must show the year, make and model, state license number and mOtor number of all towing vehicles or auto wreckers, which have been authorized to operate by the City of La Porte. Further, all insurance policies or certificates of insurance must include an endorsement listing the City of La Porte as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the City Secretary shall be given at lease ten (10) days' written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas 1-1otor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either type of wrecker be less than the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for bodily injury to or death of one person in anyone accident and, subject to said limita- tion for one person, in the amount of THIRTY THOUSAND DOLLARS ($30,000) for bodily injury to or death of two (2) or more persons in anyone accident, and in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for injury to or destruction of property of others in anyone accident. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued .without further notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times, with satisfactory evidence that said insurance is in full force and in effect, being on file with the City Secretary of the City of La Porte. Sec. 6-4. Application for Towing Vehicle Permits. Any owner desiring to operate a towing vehicle or vehicles in the city shall apply in writing for a permit. to the City Secretary, and shall state the following in his application: (1) The name and address of the owner. If an individual, C!...b e e Ordinance , Page 6 the application shall so state. If a partnership, the partnership name and address shall be given together with names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. (2) The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. ( 3) The true ownership of each towing vehicle. If not owned outright by the owner, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract wi th some company other than the owner, a copy of the contract shall also be attached. (4) A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of police of the City of La Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permi t may be revoked or suspended without notice to the owner. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit -:J ? fee of" ($3~ -- ) a year for each towing vehicle (!1 e . I: OJ;din"ance , Page 7 the owner desires to operate. All permits shall expire on the 31st day of December each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding 31st day of December. If a penni t is granted subsequent to the 1st day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be cons idered as an entire month in calculating the fee to be charged. Sec. 6-5. Issuance of Towing Vehicle Permits. After the owner has filed his towing vehicle application, pennit fee, and insurance policy, and the City Secretary has examined same and found them to be in compliance with the tenns of this chapter, he shall issue to the owner a permit for each towing vehicle licensed, which pennit shall bear upon its face a notice that the same expires on the succeeding December 31st. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. Sec. 6-6. Additional and Replacement Towing Vehicle Permits. (a) When an owner has obtained an towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his pennit number and the fact that he desires to operate additional tow- ing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle penni ts. cS' . . Ordinance , Page 8 (b) He shall also file with the City Secretary a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Secretary shall examine such supp.lemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle penni ts covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of an towing vehicle during the period covered by his permit and replace it wi th another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in i.ts place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The City Secretary shall, upon the payment of a ,..,ptJ DOLLARS ($25 ;:::::..- ) transfer fee, issue the owner a new permit covering the r,eplacement towing vehicle as provided in 6-5, and cause the old towing vehicle pennit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Sec. 6-7. Application for auto wrecker permits. Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make application to the City Secretary for an auto wrecker permit or permits. Such application shall be sub- mi tted upon fonn to be furnished by the City Secretary and the applicant shall furnish the following proof and information with his application. (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some C9 I, e e , Page 9 Ordinance company other than the name of the owner, then the name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. If any individual, the application shall so state. If a partn~rship, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All .changes of such officers or partners shall be reported to the City Secretary within ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by such corporation or partnership. (b) The application shall list the make, model, motor numbeJ;" and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the City Secretary, upon making application CIO e It Ordinance , Page 10 a sum of money in the amount of DOLLARS ~, ($ / rf) 0 ...?' ).' Said sum shall be used to pay for the . advertising of such application in the newspaper for two (2) consecutive weeks. Within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two (2) consecu- tive weeks a notice to all holders of auto wrecker permits and all other interested persons. Such notice shail advert- ise the time and place of public hearing, which said hearing shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the' business under which the applicant proposes to operate and any other pertinent data that the City Secretary may deem necessary. If such deposit is in excess of the cost of advertising, the City Secretary shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the City Secretary shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or .not the application for an auto wrecker permit will be granted, based upon the number of permits outstanding and whether or not the granting of the application will the public convenience and necessity shall be heard before the committee at the time and place designated. (d) The committee shall have in attendance at such hearing a representative from the city legal department, and any . othe~. persons that it may deem necessary to conduct said hearing. At the time of the hearings and investigation with reference to whether or not public convenience and necessity exists for the issuance of such permits the ell e It Ordinance , Page 11 committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of any protestants and their witnesses and shall have the right to call such other witnesses as the councilmen may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committee shall take into consideration the following: (1) The financial responsibility of the applicant: (2) The number of vehicles to be operated: (3) Make, model and type of vehicle or vehicles to be used: (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike: (5) Whether or not all insurance required by this Chapter has procured or will be procured: (6) That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, and that the lot is located wi thin the City Limits of the City of La Porte: (7) Determine that all city ad valorem taxes and other taxes of the applicant have been paid: (8) Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer/employee relationship: (9) Whether the applicant proposes to own, rent or lease the vehicle to be" used: (10) The number of auto wreckers then in existence and e/~ e e Ordinance , Page 12 licensed: (11) Whether the requirements of public convenience and necessi ty can be met and complied with only by the issuance of additional certificates of public conven- ience and necessity for auto wreckers: (12) Any and all other facts the committee may deem rele- vant. Sec. 6-8. Issuance of Certificates of Convenience and Necessity for Auto Wrecker permits. If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing wi thin ten (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. .Sec. 6-9. Denial of Certificate of Convenience and Necessity for Auto Wrecker permits. If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in writing within ten (10) days from the '. last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another application for six (6) months from the date of his filing of the C!-/3 e 'e Ordinance , Page 13 application for the auto wrecker permit. Sec. 6-10. Appeal from the Findings of the City Council Wrecker Committee. After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten (10) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter"addressed to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appea~, and the Council, as soon as practicable, after receiv- ing said notice of appeal together with the "findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the City Se~retary of its findings. The findings of the City Council, shall be final. If no appeal is made to the City Council from the .' committee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for auto wrecker permits. The permit fee to operate an "auto wrecker" or "auto wreckers" shall be ~ _t?t} DOLLARS ($.Lj ~- per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any permit year, the fee shall be paid pro rata for the balance of the year, an4 any .portion of a month shall be considered an entire month in calculating the fee to be charged. Sec. 6-12. Issuance of Auto Wrecker Permits. a" 1'1 ., e e Ordinance , Page 14 After the OIr/ner has filed his application for an auto wrecker perIni t, a hearing held and public convenience and necessity found to exi st, and the applicant has filed the required insurance, and the City Secretary and City Attorney have examined same and found them to be in compliance with the terms of this chapter, the City Secreta~ shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the licepse number of the auto wrecker. Said Permits shall be issued by the Ci ty Secret- a~ upon authorization of the Committee to be attached to the auto wreCker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the State of Texas for said auto wrecker. These permits are and shall always remain the property of" the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unlawful for the owner of said permits to retain such permit, and he shall cause said permit to be destroyed or surrendered to the City Secretary of the City of La Porte immediately upon notification or such suspension or revocation, as is feasible. Sec. 6-13 Revocation or Suspension of Auto Wrecker or Permits or Towing Vehicle Permits. (a) Upon a complaint being filed by any person with the City Secretary of a violation of any of the terms or provisions of this chapter or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evidence wi th reference to such complaint or notion. Should such hearing reveal a violation of any of the terms of this chapter or the laws of this state or federal government or other ordinances C-/S- I. e e '" , Page 15 Ordinance of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of an towing vehicle or auto wrecker, it shall make its findings and direct the City Secretary to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hear- ing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the City Council within ten (10) days from the r ece ipt of the wr it ten de ci s ion of the commi t tee only in the eve nt of a revocation of the permit of the owner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the City Secretary, stating than an appeal is desired from the revocation of the committee. The City Secretary shall notify the Ci ty Council of such appeal, and the council, as soon as practic- . able thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the decision of the committee shall be final. Sec. 6-14. Transfer of Auto Wrecker Permits. Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The City Secretary shall, upon the payment of a ~ "'"' t9 () DOLLARS ($~ ) transfer fee, issue the owner a new permit covering "the new auto wrecker, as provided in (!,/6 e - Ordinance , Page 16 section 6-12 hereof, and cause the old auto wrecker permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Sec. 6-15. Permits are Personal to Owners Thereof. (a) A permit issued hereunder for an towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The permits issued pursuant to this chapter are transferable as between owners only upon the express approval of the commi ttee, and shall be subject to a i L. '9~ ($..;) ".,y ) transfer fee, if apporoved. DOLlARS A denial of the right to transfer a permi t may be appealed to the City Council, in compliance wi th the terms of section 6-10 hereof. Upon cancellation of any permi t no portion of the permit fee shall be refunded to the aNner thereof. Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for any person, corporation or partner- ship to use the streets of the City for the operation of an towing vehicle or auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any. property used and useful in the furnishing of towing vehicle or auto wreckers shall, on or before the 31st day of January of each year, furnish the City Secretary with satisfactory evidence .that all ad valorem and other taxes due the city have been duly paid. If an investigation by the City Secretary discloses that such taxes were not in f.act paid, the owner' s permit shall be automatically suspended, and if such taxes are. not paid in full wi thin sixty (60) days thereafter, the committtee may cause such permit to be indefinitely suspended, C!./7 . II Ordinance , Page 17 cancelled or revoked. Sec. 6-17. Regulations On Operations. (a) The committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not inconsistent with any of the provi sions of this chapter, 'deemed necessary to protect public safety and welfa.re. Specifically, but without limitation, the committee is here~ authorized to promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the City of La Porte at anyone time. The committee shall cause the City Secretary to serve copies of such rules on owners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any pennit holders shall have the right, in accordance with the provisions of section 6-10, to appeal to the City Council with regard to any rules and restrictions promulgated by the committee felt ~ such permit holder to be unduly onerous. Sec. 6-18. Procedure by Auto Wrecker Operators at Scene of Disabled Vehicle. (a) Whenever an auto wreCker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally park his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic.. He shall not park his vehicle wi thin a distance of fifty (50) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any wreCked or disabled vehicle at the place where an accident has occurr- ed, by words, cards, circulars or gestures. (c) All auto wrecker drivers arriving at the place where any accident has occurred shall qbey all orders given them by any police " C/~ e e '. . Ordinance , Page 18 officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall ranove any wrecked or disabled vehicle from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle, until: (1) the police officers have completed their investigation: and (2) the driver of the said vehicle, or the police officer where the driver is unable, has given permission. (e) The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section and it shall be the duty of any wrecker OImer to cause the police department of the city to be notified qf the occurrence of the accident and to await the arrival of the police officers of the City and the completion of their investigation. (f) All wrecker drivers shall, at all times, obey all traffic laws of the State of Texas and the City of La Porte. Sec. 6-19. Wrecker Rotation List (a) All auto wreckers desiring to be called for wrecker service by the City Police Department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the Police Department. (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the La Porte Police Department. (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident c, 19 e e Ordinance , Page 19 .. ." upon a public street is unable- to proceed safely under its own power, or When the owner thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has design- ated the wrecker company desired, the police officer shall communicate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiving such information at aead- quarters to call the designated company provided the company has previously obtained a valid auto wrecker permit to operate in the ci ty. In the event the company does not have a valid auto wrecker permi t the owner shall be so informed and given an opportunity to designate another company. (d) In the event the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate that fact immediately to Police Department Head- quarters. The Police Department shall maintain a wrecker rotation list in_~~&T~~l ~~ which shall contain the names and addresses of each wrecker service company that complies with the provisions of this ordinance in order that said company might be called upon for wrecker service ~ the Police Department. The police officer receiv- ing a call at the Police Headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. After the company at the top of the list receives a call then the company.s name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provisions of this ordinance has received calls. The Police Department shall notify each wrecker company in sufficient time prior to its rendering said wrecker service in order that the company (!,)o I. e e Ordinance , Page 20 might adequately provide the necessary men and equipment to answer said calls. (e) In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call then the company shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answer- ing said call has not reached said location within a reasonaq~e length of time then the officer at the scene may proceed to call the next wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker service company called fails to comply with the provisions of the ordinance by proceeding to the designated place wi thin the time specified above then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. Sec. 6-20. Specifications and Required Equipment. (a) Minimum Size". Each auto wrecker and emergency auto wrecker shall not be less than one (1) ton in size and shall be equipped with booster brakes. (b) Standards of Winch. Each auto wrecker ':lnd emergency auto wrecker shall be equipped with a power take-off operated winch, winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not less than five thousand (5,000) pounds, single line capacity. The winch line shall be three-eights (3/8) inch in diameter. (c) Flashing Light. Each auto wrecker and wrecker shall have a flashing light of at least in diameter on the top of the cab, State law, visible from both the (d) Wheels and Tires. Each auto wrecker and as prescribed front and rear emergency auto four ( 4) inches or permitted by of the truck. emergency auto e :ll e e Ordinance , Page 21 wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (I) Fire extinguishers: said fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Said fire extinguisher to be a standard type, . chemical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares: said parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. 22 (3) Two bars: said tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehilcle which has been elevated for towing, rigid and to prevent swinging of said raised vehicle as it is being towed. When a vehicle is being towed the tow bar shall be in place to prevent swing- ing. (4) Broom and sand box: said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. (6) A container to hold glass and debris. (7) A permanently affixed sign, with minimum four (4) inch lettering, identifying the owner of said emergency auto wrecker, with said owner's phone number, address, and the name of his business. (!.:;.,;L e. . Ordinance , Page 22 Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the above named equipment at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of the City of La Porte for compliance with the above equipment requirements. (f) It shall be the duty of the driver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and Charges. (A) (1) The. standard charge for a "normal tow" from the scene of the accident in the city limits of the City of La Porte to the place of business of the wrecker operator, or other location instructed by the owner, will not exceed FORTY-FIVE DOLLARS ($45.00). I f the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed to a location specified in the wrecker ticket, there may be an additional charge of DOLLARS -!}~ ($/!> ) for transferring the vehicle within the city limits. A "normal tow" is defined as "picking up the vehicle or moving and towing the vehicle from the street to a location." (2) An additional charge may be made for the following addi tional labor that is not required in a "normal tow", to-wit: C!.. :;J. 3 e e Ordinance , Page 23 (a) An additional charge, not to exceed ! ,f) DOLLARS ($-~O -- ) , may be made for a ditch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed ,,0 DOLLARS ($ /(J:::::::::=:=- ) may be made for disengag- ing and removing the drive shaft, or for other exceptional labor. 9~ ( 3 ) A charge not to exceed ,~~ ~- DOLIARS ($ ) may be made when it is required to "dolly" a wrecked vehicle. This-charge shall be all inclu- sive, and no other charge may be imposed when it is made. (4) Except in the event of an dolly charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be d#-"!o &~ DOLLARS ($ / t) "-. . ). (5) A charge not to exceed FIVE DOLLARS AND FIFTY CENTS ($ 5.50) per day may be made for the storage of wrecked vehicles. (B) Every holder of an emergency auto wrecker permit and -those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided, by the City of La Porte containing the following informa- tion: (1) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of parts of vehicle that have been damaged. (5) Itemized list of services to be performed, charges . C!... .21 e e Ordinance , Page 24 for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of vehicle. (7) One copy of the wrecker ticket is to be be given given to to the customer, and one copy is to investigating police officer. Sec. 6-22. Miscellaneous provisions and Restrictions. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabl- ed vehicle shall be able to account for the vehicle at all times. the A violation of this section shall constitute the basis of cancell- ation of the license without further notice. (b) Once a wrecker has been attached to a purpose of towing it to a location, the wrecker disengage such vehicle and leave it 'parked prior to its arrival at the designated location. Section 2. 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, Article 6252-17, Texas Revised Civil Statutes Annotated: 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 comfirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days after vehicle for the driver shall not C!~S e e Ordinance , Page 25 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 in the City of La Porte at lease twice within ten (10) days after the passage of this ordi- nance. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. 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 HUNDRED DOLLARS ($200.00). 'c..:;"b e e , Page 26 Ordinance PASSED AND APPROVED this the day of , 1984. CITY OF LA PORTE By VIRGINIA CLINE, MAYOR ATTEST: City Secretary APPROVED: City Attorney (;;? .. e - ORDINANCE NO. l168-A AN ORDINANCE AMENDING ORDINANCE NO. 1168, AN ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE CITY: REGULATING THE USE AND SALE OF WATER WITHIN THE CITY: PROVIDING EXCEPTIONS: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS {$200.00}: CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. From and after the effective date hereof, it shall be unlawful for any person to drill a water well to provide water for hwnan conswnption, or for residential or commercial purposes within the City of La Porte. Section 2. From and after the effective date hereof , it shall be unlawful for any person to use, sell, barter, give away or offer for sale, offer to barter, or offer to give away, for human consumption, or for residential or commercial purposes, water originating from any source other than the Water Department of the City of La Porte, to any other person within the City of La Porte, except such City. Section 3. The provisions of this Ordinance shall not be applicable to the sale of distilled water, or other bottled water approved for hwnan consumption, by the Texas Department of Health. Section 4. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall giv~ notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper in the City of La Porte at least twice within ten {lO} days after the passage of this ordinance. Section 5. If any section, sentence, phrase, clause, or any part c:>f any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Commission 7)/ e e Ordinance No. l168-A, Page 2. to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sen- tence, phrase or clause, or part thereof, may be declared invalid. Section 6. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordi- nance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) . Each day any violation of this ordinance shall con- tinue shall constitute a separate violation. Section 7. 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, Article 6252-17, Texas Revised Civil Statutes Annotated: 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 18th day of April, 1984. CITY OF LA PORTE By Virginia Cline, Mayor D~ I, e e Ordinance No. 11G8-A, Page 3. ATTEST: City Secretary APPROVED: D3 e , .. e .----...- r- Till. TEXAS MUNICIPAL LEAGUE 1020 Southwest Tower Austin, Texas 78701 (512) 478-6601 April 3, 1984 Mr. Jack Owen, City Manager City of La Porte P . O. Box 1115 La Porte, Texas 77571 Dear Jack: During the next few weeks, Governor Mark White will call a special session of the Texas Legislature to consider proposals to increase state spending on public schools and highways. The special session agenda also will include TML's "Pothole Bill," which was introduced during the 1983 session of the State Legislature, but failed to pass. Under the Pothole Bill, $100 million per year in state funding would be allo- cated to Texas cities for street and bridge repairs. All cities would be eligible for funding. In order for us to pass the Pothole Bill during the upcoming special session, the cities will need to present a united front to the Legislature and demon- strate their collective support for the additional state funding--and taxes-- needed to bring our state-local roads and bridges up to par. In this regard, we request that your city council approve the enclosed resolution and return it "-to the League office as soon as possible. Copies of all resolutions received by TML will be forwarded to Governor White, state legislators, members of the state highway commission and the media, to underscore the seriousness with which city officials view the state-local road problem. Secondly, city officials will need to lobby their state senators and representa- tives and obtain their commitments to vote for the funding package described in the resolution. We will be contacting your city in the near future with regard to methods for accomplishing this phase of our campaign. In addition to the form resolution, other attachments include: (1) A list which shows the biennial (2-year) amount each city would receive upon enactment of the Pothole Bill. The state is on a biennial budget cy.cle; therefore, if the Pothole Bill is. approved, the amounts shown would be paid to the cities in two equal installments--half one year and half the next year. (If for some reason your city is not on the list, your biennial allocation can be calculated by multiplying your city's number of paved street miles times $1,660 times 2. (2) A Pothole Bill fact sheet. ~I e - . e --...- .. :.-. April 3, 1984 Page 2 Passage of the Pothole Bill continues to be TML's highest legislative priority. We will need your active help to enact this critical legislation. Thank you for your assistance. Sincerely, ~'~l<- Richard D. Brown Executive Director RDB/ch Encl. E:L ..':/- - S-: Z.{~ e . ... r . ------ ~- . C(,.J- ' 3 A RESOLUTION SUPPORTING INCREASED STATE HIGHWAY FUNDING, PASSAGE OF THE POTHOLE BILL AND INCREASED HIGHWAY USER CHARGES WHEREAS, authoritative surveys reveal that: (1) Texas leads the nation in the number of deficient bridges (172,000) and deteriorated state roadways (7,740 miles). (2) The state's Sit per-gallon motor fuel tax is. the lowest in the nation, and has not been increased in 27 years. Moreover, in 1965, 27% of the state budget went for transportation, while in 1982 only about 10% of the state budget was spent for transportation-related purposes. (3) Each Texas motorist pays a "bad roads" tax averaging $291 per year for wasted gasoline, tire wear, car repairs, insurance and medical bills. (4) Additional transportation spending of $51 billion" will be needed over the next 20 years to overcome the current backlog of needs--inc1uding $6.2 million for road and bridge rehabilitation, $30.3 billion for reconstruction, $6.7 billion for new roads and $7.7 billion for main- tenance; and WHEREAS, the state's transportation funding problems are reflected at the local level, as follows: (1) The current backlog of city street repair needs exceeds $1 billion. Texas cities are spending an estimated $193 million per year on street repairs--more than ever before. But they are still falling further behind each year, because the street repair backlog is growing at rates that exceed local spending increases. The cities must have state financial assistance in order to bring their streets and bridges up to s tanda rd. (2) Upwards of 20 percent of all municipal streets--more than 13,000 miles-- are currently in need of major repair. (3) The deterioration of city streets and bridges will accelerate in the future. The 10 million motor vehicles already in the state are wearing out local roads and bridges faster than they can be repaired; twenty years from now, the cities will have 16 million vehicles to contend with--more than half again today's volume; and WHEREAS, the Texas Municipal League supports the state funding and tax increases necessary to bring our state-local roads and bridges up to par; Ii 'II ,.,. ! "of U- t I :: ~ ; t NOW, r THEREFORE, BE IT RESOLVED by the ('Governing Body) of the City of ,-: .,) that the Texas Legislature is urged to enact a state-local road and bridge financing package composed of the following: (1) An increase of $1 billion per year in funding for the State Department of Highways and Public Transportation. G"3 e ~ ... . e ."-~..- r::: . (2) $100 million per year for the City Street Improvement Fund (the "Pothole Bill") proposed, but not approved, during,the 1983 Legislative session. . (3) Doubling the rate of the state motor fuel tax to lOt/gallon and increas- ing IOOtor vehicle license fees as necessary to generate adequate fund- ing. fI . f' 'f)'WAjf-v l l..(tl: ," . f '.. by the (Governing Body) (Month) ,1984. of the Ci ty of ~ l. PASSED AND APPROVED this day of ~ 1 r.~' I L APPROVED: Mayor ATTEST: e'f e e "'- --- ~:- . POTHOLE BILL FACT SHEET The highway finance legislative package supported by 'lML consists of three parts: (1) A provision to double the rate of the state motor fuel tax from 5~ to 10~ per gallon, and an increase the amount of the state motor vehicle registration fee; (2) .Increased state appropriations of $1 billion per year to the State Department of Highways & Public Transportation for improvements to state highways and bridges; and (3) The appropriation of state funds for municipal street and bridge repairs--the "Pothole Bill." Under Part Three of the package, the state legislature would appropriate $200 million per biennium for city street and bridge repairs. Half of that amount would be distributed to the cities in 1984-85;. the other half would be allocated in 1985-86. Under the Pothole Bill, each city would have to demonstrate a commitment to helping solve its own repair problems by matching its state allocation 30/70. In other words, for each. $700 provided by the state, the city would have to put up $300. The entire amount of the city's allocation must be spent for street and bridge repair and maintenance. Expenditures for new construction would not be permitted. All cities would be eligible for funding. Each city's share would be based on the number of miles of paved street (concrete or asphalt) maintained by the city. There are' about 60,000 miles of municipal street in the state. There- fore, each mile of paved street would entitle the city to $100m. - 60,.000 = . $1,660 per year. A city with 10 miles of street would receive $16,600/year; one with 50 miles of street would receive $83,000 and so on. There are several legitimate reasons the Legislature should approve the Pothole Bill: (1) More than 60% of all motor vehicle travel in the state takes place on city roads. Also, city residents pay a major share of all motor fuel taxes and vehicle registration fees collected by the state. Currently, none of these revenues are remitted back to the ci ties to help deal wi th the street repair problems created by the millions of vehicles which generate the revenues in the first place. (2) Unlike many other types of municipal functions, streets and bridges are a. statewide concern. The quality of the state's transportation system is dependent upon the quality of local roadways. (3) Raising property taxes is not the answer to our municipal street and bridge problems. The local property tax is overloaded, and many Texas cities have experienced Proposition 13-type taxpayer rebellions during the past few years. Remitting $100 million per year back to the cities would provide a direct form of 'tax relief' by alleviating pressures on the local property tax to fund street repairs. . (Over) . . €.s- e . ..;. r e . ......--- ~ (4) A survey of Texas cities indicates that the backlog of municipal street repair needs exceeds $1 billion. More than 13,000 miles of city streets are in need" of major improvement. Texas cities are spending more than $190 million per year on street repairs, but it's not enough. Cities are falling further behind every year, because the street repair backlog is snowballing at rates that exceed local spending increases. The cities will never be able to bring their streets, and "bridges up to standard without state assistance. (5) The deterioration of city streets and" bridges will continue to acceler- ate in the future. The 10 million motor vehicles already in the State are tearing up our local roads and bridges faster than they can be repaired. Twenty years from now, we will have 16 million vehicles to contend with--50% more than we have today. G"l, .. ~ .' , i I oC"1~ e. ,. GUlespie '. :;.:.;' . fredericksburg I I. "- ~ '\..". . . ...,..', Gol1ad r >,:'., GoUad I .':'. i' ';~:. Gonzales r '~'" '. Nixon . f ';" Waelder I". ..';-, . t. ',,; Gny (: '~1i,;~(. :~.::n . 'M.~' . ;,t~~'-r~~R ,- :;.- Tom Bean , .>. Whitesboro . .) ,':. Whitewright (i'.i. ::'.:: jh~re~~adewater ,wi:" . Kilgore "':~.::~ . : . Longview .,,:; Warren City > . ,:1-- White Oak ~ ....t~Grillll!s ' .: ..il:-> Havasota ~; .;. .J~~:~ . \ :', 'W: Guadalupe .;: ~. X ~if: E~~~:& ";:. ,,-. '~'.;~:,: Seguin ~. "~~ ':t:~;~.:: L .' ~f.~." f'i:i " ',' ~~ .':"'. -I ., ."..,.", J:;: ~~:.;: - 6 -.;.. ,."::.".;". :'~~" ;' -"1:' .\.. ..... :;.' :t; .:ir .f 'i . .. $ 149,400 272,600 1,083,540 26,560 196,160 $ 10,000 435,560 23,240 11;600 709,200 28,400. 78,000 76,400 $ 83,200 26,560 99,200 333,000 $76,400 -5- Harris Bay town $1,069,040 Bellaire 224,400 Bunker Hill 83,200 Deer Park 239,040 El Lago 34,920 Galena Park 226,400 Hedwig Village 33,200 Hilshire Village 13,280 Houston 26,560,000 Jacinto City 89,640 Katy 102,600 L..--LaPorte :~ 309,,200 Missouri City .. 502,800 Nassau ~y . 46,480 " . Pasadena';' 932,920 Pearland 275,560 Piney Point Village. : .'. 69,720 Sesbrook .:..." ..' 99,600 . Shoreacns .:. ,:', - 16,600 South Houston :.;;.~. :":';"226,400 .;:r.. I' 13 Southside Place :q;::':~::': '.~. ,280 Spring Valley .....~~.... 34,900 Webster . -. 24,920 West Univenity Pl~ce '.: 142,760 Hill Covington Hillsboro Hubbard ltasca Whitney Hidalgo Alamo Donna Edcouch Edinburg . Hidalgo La Joya McAllen Mercedes Mission Pharr San Juan Weala~o Hardin Kountze SUsbee Sour Lake $ 49,600 149,400 49,800 $ 11,600 248,000 86,320 36,600 53,200 $ 83,600 112,880 : 3,320 . 289,800 33,200 19,920 965,800 126,160 '332,000 '268,920 99,600 266,400 $146,080 :. 29,880 ...-. 73,200 . ' 23,240 , 23,240 - :. 388,440 ~:'l., 16,600 .::: 106,600 ".': 26,560 . 92,960 ~~.' 960 ":' -,. .- .::~: $1,842,600 235,720 235,720 23,240 1,035,840 189,240 $189,240 69,700 $138,800 83,000 1,600 $232,400 29,880 26~560 '.. '~:. ':f:' .~. 'f~. .~~ ~.;.. "'c!. ~-; 'f2 ';t ~ ~ . .. ., $ 19,920 119,520 620,840 46,480 33,%00 $ 49,600 438,240 $56,380 28,240 Hardeman Quanah Hansford Gruver Speat'lll8n $53,120 $43,160 92,960 Hemphill Canadian $,~~,120 $547,800 79,800 $39,840 Hamilton Hamilton Rico $50,000 49,800 Hays Buda Hays Kyle San Marcoa 26,560 6,600 31,400 348,600 I:~;;( :,;.\::r.:', . .-.- ~t..:;"" ~ ~~~ :~~1l~~:. :\::::' .;.~':,: :,;' ). ~.l"') .W);&ro..-. ." r . . r~;"~'~W;~f~:>"~< < :;. ;:,:)~ .. . 1}~iJ\i :" \j , 1. -",,:'";\Galveston } +..:~.; Clear Lake Sho~eli.: :' friendawood'.: Galveaton ";':" Hitchcock ' Jamaica Beac~ : La Marque' " Sante fe . Texas Ci ty ~ .: .~~~.~ .,. $231,400 $ 16,600 . 232,400 666,000 102,920 36,500 215,800 298,800 1,334,640 Hall MemphiS Turkey $86,600 10,000 Haskell Haskell Rule Stamford $ $33,400 13,280 79,680 Hale Abernathy Hale Center Petersburg Plainview $86,000 39,840 49,860 38S,120 Harrison HallsvUle Marshall Waskom .. $69,720 496,000 53,120 ,- Biennial Allo~tion "!: Biennial .~llocetion '. 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"''P- o is:"'''' is !II is :1..,IVo W '" ..,.,0' '" t: .., W~~~W ~ lit "'o~~" '" !\I.. 0 IIINUIUIIPIPESPECIFICATIONS . 0 'II... '" 'P ..,.,;,.;; Ii; . ~ FRO II MONUMENT .JUNCTION ... ............. ... ......... ... CARRIER PIPE: - IV '" .,. IV IV IV IV IV '" '" OUTSIDE OIAIIETER 6.62'. 'l PROPOSED '.PIPELlNE REPLACEIIENT? I-- ~ WALL THICICNUS O.HO. t _ PIPE GRADE API5LXM.. t EXISTING CROSSING_ _ _ _ ~/ MIN. YIELD STREN8TH: 35,OOOPSI PIPELINE REIIOVED 8 CASI NG ABANDONED ....~N ~ MAX. OPERATINS PRUSURE: 1440 PSIS , ,-e..,y TEST PRESSURE: 2110PSIG ,/ / \ \ \ , \ "; \ FLOWING MEDIUM - PROPYLENE < / 'l" .""NG, '".OO."TE \ ' eATOODleALLY ......TED .,.. .-' -" \. MAGNESIUM ANODES - , , PLAN 'OLE' T.B. SCALE !E .!E ~ HORIZONTAL: 1".30' ; ~; ~ VERTICAL: 1"= " ~ c.., ~ liE c z ~ iC..,.., :I: IL ~ IL II:::;~ T.B.M. R.R.SPIKE IN POLE 65.3'RT. ~ l!s ~ l!I ~ a~~ OF STA. 2 + 46 Q .., 0'" .., "." ~ ASSUMED ELEV.IOO.OO' ttJ 8 _~ 8 8 N lto WARNING SIGN III .... III III w~ 8 TEST LEADS \ :i ~::;; :: ~:e~ WARNING SIGN a + + + + + +++ TEST LEADS - N N N N NNN 00 - ~ ULGRO I L I I I 00 I ' I 99 ~~ 99 H ( H 97 97 ~ , H 95 L 3.0'MIN. 95 94 . _ M " ~" 92 _100' OF CONCRETE COATED PIPE 92 91 91 90 --- -- 90 PROFILE - E~- _ _ _ GULF OIL CORPORATION .-vi.... _ 11 J 1 _ _ _ PROPOSED &"'PIPELINE REPLACEMENT ~ .....ctS. .. _ i....- _ _ MONUMENT(OEERPARK).JCT.lOTEXASCITY ~ -- BIDDING _ _ _ _ CROSSING HOUSTON AVE. [)ItAWINO NO, MY. _ _ _ CONSTRUCTION CITY OF LA PORTE 30 PO 200. (B) REVISI.ON DATE DRAWN CHECKED HARRIS COUNTY, TEXAS - - ..,c I" I' e ~ u .. .. " L,~~ t::.J,z~ 7. ' - (: - =- L--1[. . FR.OM . r. ,/,,-""-0. :'0"10" ""~e. FaNea " ..,. H.liER l!1lTE~)( ~ROUNT G~OU~C II . \:'" L.INa ~Ize "All ..,....L~~ -_~ -LT ~ ~ --:::::r:r- - TO .. LI~e. J:!,LQC,," 'I""\.'IE. "0'1 )( )( L ~ uA, T Co 1 pLAN UJ (p'. 0" WQ"&'~ WI rLa ~a.ll.Lee. 4~PP'Off.'t A-. ~EEOe.O . lL . E.LEVATION ['f.~ICA.L LINE: e;L.oc" VALvE. wiT A~~ eIM.IIAIl. ~~IN_- plpaLINIL _IZe. " "a" :/6 FT.- F!.NCe.Le.NC!lTH II lIe':..5 FT. - FENee. WIOTH II 110':. 8 FT- - CaA.TE. c:,IZE. II II e.1I =.30 IN. - HEIGHT ...."O'lE. GIlAOIl II · F II = .3~ I~_ - OI1PTH QF "Pe.\.'N= pllli~~urtE. Il^ll Na. : A.""~\ OR. BY IU" OAT! ... REV. CIC O. BY ::::J), ae. SCALI! NON I!. Gulf PIp.... Ca"'P~'" ENGINEERING DEPARTMENT HOUSTON, TEXAS A.F.E. OW,. N! TELEDYNE POST N37l156 NO ,,~ VOSoO" :>A'r ORAoIIIN CHfCKEO ISSUED FOR CLoE"T APPROVAL BIDDING ':CN'iTRUC T ION CLIENT JOB "1:1 OF. GULF OIL CORPORATION PROPOSED 6" PIPELINE REPLACEMENT MONUMENT(DEERPARK)JCT. TO TEXAS CITY CROSSING OLD LA PORTE ROAD CITY OF LA PORTE HARRIS COUNTY. TEXAS . ~IIIM. II I ...... __ CR. IIC. ,,~ . . .-,-- ORAW'''' NO. IlIfv. 30- PO -2006C(B) - 10 99 9. 91 9. 9~ 94 93 92 91 90 r PROF I LE ,,' OfF CONCRETE COlTED PI PE ~ 12".SEWE" LI..E "AIL I" POWE R POLE. 49.~'LT OF STATION 247. ASSUMED ELEV. 100.00' WARNING SIGN II TEST LEADS TIM SCALE HORIZO..TAL VE"T1CAL ' ,", 20' -.5' ~8 ... Z 101 :. 101 I 101 ! ... + ... . N FROM MONUMENT JUNCTION f o ~ 101 Ii 2 ~ .. o .. o .; ., N + ... ., N ~ I i 6.0'M'''. ... Z 101 :. 101 i 101 8 101 1ft .., + ... ., N I i 3.o.MIN - ~ .,.--- ~---' - o ~ o e .... ~ e u ... u C( Q. Z e ... x t- ;:) o ... wi PLAN 101 z- -II: "101 11:> 1010 .u lit., : .. ~- . :It ~ is tI1 ... ., + ... ., N 4.0.M" 00 99 91 97 9. 95 94 93 92 91 90 II CATHODICALLY PROTECTED WITH MAGNESIUM ANODES t .. , '4.' .. 8- '1ft ~ ... t- ! . __:~rl-;7-- ~ ..: ~... e . e, : ... ....._.Q. t- ... . W ~ t-' 0 . 0...... on - , .~;...: j e -)C WOo 0 ",,-=... ~- c: · .. 1ft f .. 0 0 !:! \ toIJ ...... + ,. \ ., . ...... po. NI ..... .. . \ ~ II: NNN., - , --- ENOCH BR SENS ROAD ---- Z .... IS t- .. ~......--o-W-'" -~- ~ ~ I '-Jl EIlISTI..G ~. ... ':It ~ ~:! ~, i v: ~ ... ..... ~. ~ ~ TO TEXAS CITY (PIPELINE REMOVED II CASING ABANDONED) .t EXISTING CROSSING ~ PROPOSED ,-PIPELINE "EPLACEMENT A-5 .- NSON SURVEY PII'€LINE (TEXAS USTERN' FLOW'NG MEDIUM - PROPYLENE cOATING: '"CONCRETE MINIMUM PIPE SPECIFICATIONS CARRIER PIPE: OUTSIDE DIAMETER 6.625- WALL THICICNESS 0.110- ,IPE GRADE API sue GIl . MIN. YIELD STRENGTH: 3S.oooPSI MAX. OPERATING PR[SSURt: 14401'518 TEST PRESSURE: 2180 PI\8 e e . NO ENOCH BRINSON SURVEY A-5 - R III I l: TEXAI EAITERN PlNLM ~ ~-- '111 -" --r ,,!!III f i! i IIIZ II Z ... . :II U 0 · z z :I - ~ = ~ - _! - z.. -w ...TI.. '-'00'." ....00... - ~ ....OPOSEO ....IPlU.E ItE1 - ~ ' FltOIl IIO.UIIEN' "'UNCTION ...:::: .. =-1: TO TEX,.I CITY IIINIIIUII ..IPI IPlCIFICATlOIII - .... + .... - ./ ~ ~ ... ... CA....II.. PlPI: ~ N ;1 =r lL.. OUTSIDI OIAIIITIII ..125: N ~I .ALL THICIUIIII 0.280 ~ PIPE '''AH ""1 UX lit. I - III.. YlILD IT"INeTH: 55,0lIO"11 ~ IIAI. OPI"A~ .....U..I: 1440... II : TEST ....IIUIII: Z leo PIle ~, N ---- . PL' W 3 -I - -~ .: FLOWI... II~OIUII - l'IlOPYu.r ~ ..:.; ~ ! COATI"', I COfICItITl ...11 f: i z I !'II CATHODICALLY "ROTECTED WITH z:l z l!5 Z l!5 U ..j ! ....lUll MOOII SCALE: ::i!i ~ I I ~ I ... HGIIIZO.TAL: 1-' zo' Sls:... wi I wi = ~ VERTICAL: 1-' 10' Nil III ::: I l! == ~ 0 .+ + ... . . . T.I.II. ...... SPIKE, '-AIOVE GIIOUNO,IN :.:. ~ ~:. ~ ~ ~ : UOI "0 :::::Lg.EI::':"ITA.Z.1+01 -d=:N ~N i J;N N NJN ... I"" WA...IN. .... A.O . , ~IIATU"AL ...GUIID 100 100 TEST LI ADI _ ",.- . ---~ ~ 8. ..0'1I11I..j. H ULTIIIATE CHA.NEL. .82 ~. d 80 ~ 80 ~ ___I EIt LlN. ",I I' ___1.11 ~ II .a~ --- 10 - - ---- - - -- _..-. ..-.-. ..-. - 10 == ~ ~ r IULF OIL CORPOIIAT'OR I.-~L;; -I _ PROPOSED ff PIPELINE REPLACEMENT - l. ... IIONUMENTCDlERFMIC) JeT. 11) TEXAS CITY. -- - lIDDING . _ HARRIS COUNTY FLOOD CONTROL DISTRICT IIItA.... 110. IMV. STltUCf 0 DRAINAGE DITCH NO. F 101-0000 iiViSiON IOATE lilt.... CHECKED CON' II CLIENT ..01 NO. HARRIS COUNTY, TEXAS 30- PD-6005C( 8 - - UNO ENOCH BRINSON SURVEY. A-5 . Z z u ... ~ a K III K III Z .. z --~IC .. .. .. . z. . t UISTINI CHOSSING ... -. ... r:. 0 ..' 0 PIPEL INE TO IE REMOVED. CASINI AlIANO.) z -~ II: --.. - III --0 0 III _ .. ... ... '" ... II. ED '.PIPELlNE REPLACEIIENT - .. fROII IIONUIIENT oICT. TO TEXAS CITY 0 . . !? -. ... . lit .. - -. - . 51 . ...: .. ... ... ... l~ ... ... III III ..IDII III III IIINIIIUII PIPE SPECifiCATIONS CARRIER PIPE. SCALE: PROFILE OUTSIDE DIAIIETER 6.'2'. WALL THIC.NESS O.ZIO. HOR I ZONT AL. '.010' PIPE GRADE API 'LX IH.. VERTICAL' '."0' · IIIN. YIELD STRENGTH' 55,000 PSI z IIAX. OPERATlNI PRESSURE. 1440 PSIG u ... TEST PRESSURE' ZI60 PSIG a T,I. 10U'"lA" Co...t. 0' (O.nRt It ... ~ ... ~ PAD 1.,0(;[ .[Sf Of LI..I z z CD z ... ASSUIIED ILEY. 100.00' ~ .. .. c z flOWING IIEDIUII- PROPY LENE .. z . :; ... ... c ... ... COATING I I.CONCRETE u 0 II: 0 U Z ~ 0 .. z CATHODICALLY PROTECTED WITH : WARNING SIGN. '" e WARNING SIGN a ... IIAGNESIUII ANODES CATHODIC TEST ... CATHODIC TEST ... ~ STATION . 0 ~ STA TlON . . . - . ... .. I .. ... ... ... III III N NAl L GRe ~ I 100 =- ~ I 100 , . . to- - -of ., 15 90 90 , 15 2.'OF CONCRETE COATED PIPE 15 10 - - - 10 PROFILE - ~ - I'SSUED FOIl [I - - CLIENT APP.01 GULF Oil CORPORATION ~ WlIVEMAL OIGIWEERIJIIG - PROPOSED 6" PIPELINE REPLACEMENT ~ .RVICU. PIC. - MONUME NT (DEER PARK) .JCT. TO TEXAS aTY . -- - - lIDDING 224 - HARRIS CCl.INTY FLOOD CONTROL DISTRICT DRAWING NO. illY. - - CONSTRUCTION '-, PIPE DRAINAGE DITCH NO. F 101-06-00 30- PO -6003 C(B) - RE VISION OAT[ DRAWN CHECKE 0 "01 NO HARRIS COUNTY, TEXAS - e NO -. ( SEIlI ENOCH BRINSON SURVEY A-5 .~o 5 oJ ,.. ~ l~ ~ --/ z :I,,,-{ '-. - - . -'-'~11~ lsr"""" - ; . ;;iJ. S -~ "'Prtlllr~ --_ . lit t~ ! ~f"+ --.......... ~I IIINIIIUII PIPI SPEClFlCATIONI . .. t EXIITI.. CROI"N' CN'lELINI 'lUll FROII IIONUIIENT .IUNCTlON · .. REIIOVED . CA I AUNDOMED) CARRIER PIPE. -. I .: -.. OUTSIDE DIAIIETER 1.111: _ WALL THICICNUS O.ZIO " PIIOIlOSED I PIPELINE REPLACEIIENT .. TO TEXAS CITY PIPE GRADE API SUI III I ~ IIIN. YIELD STRENGTH: 55,000 P" MAX. OPERATUII NEaURE: 1440..... TEIT NUSURE: '''0 P..I . ~ I FLO.ING IIEDIUII- PROPYLENI , COATlN.: I-CONCRITe PLAN CATHODICALLY NOTBTlD .ITH . IIAGNUIUII ANOOII I J SCALE ~... ... . !I... Z HORIZONTAL. 1-' ZOo d! S I!I ; . . ~-' III K III VERTICAL: I · 10 _ Z :I!! ... ;)0 .u I · I T. I. II. R.R. SPlICE IN POLE WEST Z~ FIIOII ITA. ZI.+09 3S~!II:~ III IN-l-STREET'S NORTH rv. UNE. liQ a wi II ASSUIIED ELEV. 100.00' ..,wJ III Q iii ~~ : : ~ 110 - -+++--+-.-+- - 110 .ARNIN. "GN . _ =1 I :: .ARNING SIGN · TlST LEADS -.. I" TEST LEADS 1011 I I I I. 105 . .. ".. .,..~~ 100 100 - --- '''--' .. '.O'IIIN. III ULTlIIATE CHANNEL-:1' L E.ER LINE III 21' 1M) --- 10 - , - ~ - IICRE TI coM! ..'~ !!! - - ~ - ISSUED FCtt IULF OIL CORPORATION ......_ ___ == _ CLIENT APPII~ PROPOSED r: PIPELINE REPLACEMENT ....... .. MONUIlIENflDUltFMIQ.lCT.lOTEXAS CITY . __ - - IIDOING HARRIS COUNTY FLOOD CONTROL ~STRICT DRA..... .. · _V. - - IT T DRAINAGE DITCH NO. F 101-03'00 REVISION IOAfE CHEOlEO CON RUC ION CLIENT "01 NO. HARRIS COUNTY, TEXAS 30- PD-6004C(B NO REVISION DATE DRAWN CHECKED ISSUED FOR CL_ _~ lIDDING '" C CONSTRUCTION CLIENT ..08 NO. GULF OIL CORPORATION PROPOSED ." PIPELINE REPLACEMENT MONUMENT(DEER "PARK) JeT. 10 TEXAS CITY CROSSING "H" STREET CITY OF LA PORTE HARRIS COUNTY, TEXAS ~. iIIiMc:es. -=. -- ~AWING NO. IREV. 30 - P D - 2009C(B) PROFILE e '. .. II 17 II 15 14 IS 12 .. 10 10." OF CONCRETE COATED -- ----_.___ 0- ..dMIN. T.I.M. TOP OF MANHOLE COVER NDltTN Of CIlOSSING AND UIT OF PIPELINE A DISTANCE OF ..' ASSUMED IUY. 100.CID' . WARNINI "IN. TEIT LEADS _TURAL ScALE: ' NDIIIZONTAL: I.. 10' VERTICAL: I.. I' I ! i ~ III III E z z ~ u :J II: ... ~ III a II: I wi . : 2 + + 8 a I... ... z I I ~ . a III Iii + 1ft ~ ... III Ii! ~ . z . ., 8 + . a ... IE III a III I ~ I III N + . , - "7 100 .. .. 17 II 15 14 15 . .. z u ... a ., o ... + I TEST LEADI AND WARNING SIGN FLOWING MEDIUM - PROPYLENE COATING: I.CONCRETE CATHODICALLY PROTECTED WITH MAINDIUM ANODES e PLAN MINIMUM PIPE SPECIFICATlONI CARRIER PIPE: OUTSIDE DIAMETER 1.12'. WALL THICICNESI 0.110. PIPE GRADE API 5LX IR.' MIN. YIELD ITREN8TH, 55,C1ODI'I1 MAX. OPERAnNI PltESSURE: 14401'118 TEIT PREIIURE: 1110 PII. ~ . ~~~~! ". ," ~~'~"~-}-~l'< . ;...i.~lJ.;\ '. . .jV~ ", '.OM MONUMENT "UNCTION - . / 1/ ';... EX'IT'" ...... ...... __ - -III~~- . ;,:-, fl" '-EXIITI!G~ING (PIPELINE REMOVED a CAlING e. ....10 '.PRUNE REPLACEMENT I TO TEXAS CITY .. BRINSON SURVEY A-5 ABANDONED) NO. e 100 91 tI 91 96 9S 94 93 92 . REVISION DATE DRAWN CHEO<ED WATER LINE ~ llOOIN8 CONSTRUCTION s 85.S' OF CONCRETECOlTED PIPE~ PROFILE GULF OIL CORPORATION PROPOSED ~ PIPELINE REPLACEMENT. 1 MONUMENT lDEERPARK) JCT.10 TEXAS CITY JOINO "" CLIENT' CROSSING 0 STREET GULl' PIPELINE <X*PMY CITY OF LA PORTE CLIENT .101 NO. HARRIS COUNTY, TEXAS T.I.II. R.R. SPIKE IN POLE 131'WEST OF STA. 324+69; ASSUMED ELEV. 100.00' WARNING SIGN .. TEST LEADS SCALE: HORIZONTAL, 1-' 20' VERTICAL: 1-' S' e FROM MONUMENT - - -. - . ,"OLI T..... .JUNCTION 3.o'MIN. i . 8 5 "Il! . . iil - .. W ... :J z fi II: U _ III t: ~ !i a ~ .. .. .... .. ...... + . + . .. N NN ,rtl rtl rtl a I ~ III ! ... . . + . N rtl .. III ... II: ~ .. . a . . 8 + Il'I N rtl T 4.0'MIN. 1 ,100 .. H .1 H 95 M 93 "2 II 010 . - .......-L _ -.. .11.-' -- ... ... . A'"'" NO. 30- PD - 2010C( J '. z U .. is -' . + Il'I N rtl a 3 II: ~ ... ! ... ~ Il'I N rtl RICHARD PLAN LEAGUE -'........-...................-.......-- ..... '- IXI...I... TEXAlIUSTUN PIPELINE (PIPELINE REMOVED. CASIN. AIANDONED) MINIMUM PIPE SPICI'ICATIOIII (.! EXISTIN. CROS"!.G_ CARRIER PIPE: , r'- PROPOSEDI-PIPEUNE REPLACEMENT OUTSIDE DIAMETER 1.115: . WALL THICKNUS 0.80 PIPE GRADE API SLX GR.' TO TEXAS CITY MIN. YIELD STIlE_TN: 35,000 PlI ~ MAX. OPERATU" PRESIURI: 1440 PlI. TEST PRESSURE: 2110 PSII FLOWING MEDIUM - PROPYLENE COATING: I-CONCRETE CATHODICALLY PROTECTED WITH MAGNESIUM ANODES WARNING SIGN .. TEST LEADS A-625 NO ._-- ------ H(VISIOIW DATE ORA_IW C"fCIlF ;, CONSTRUC T ION ISSUfD fOR ICLlENT APP!tOVAL iiOiMiii .:. lENT ..08 "0 GULf OIL CORPORATION PROPOSED tf PIPELINE REPLACEMENT IIONUIIENT (DEER fIUIIC) JeT. 10 TEXAS CITY I CROSSING WEST MaiN ST. (SPENCER HW'fM[", 'WING 110 CITY OF LA PORTE HARRIS COUNTY. TEXAS 30- PD- 20 .....,.... 111 11 I 1 ...,-ICM. ... . .-- - IIIV, . IIC(I) - 102 101 . IGel 9. .. n .. .. .4 ., .. .. PROFILE IT--'-I~ II '.O'IIINII II I II_TIlt 11= - =~~... 1.0".... 4'.O'IIIN. WAIININ. "'N . CATHODIC TIlT Sl'ATION T...... II. II. IPtIlIN POLl ON NOIITH 1101 Of'ROAD It' EA81' Of' UNI. AIIUIIID ILIV. 100.00' SCALE: HORIZONTAL, 1-. ZO' VIRTICAL: 1-. I' J t . N . + lit . lit x u ~ a . a + lit " lit ... i5 ~ I ~ III ! ;: + lit . ... I ti;! zl II wI_ . ~ S ~ z I J ~ III 8 III lit + . S I p,eoPOSEO CDN"r.effFTe _ 80X ~ul.. VE~r - "eFPLA~E- HEN; p/PE L.INE Tt:J8e" rNST,IU.lED 0# EL~"'AT. BELOW. E"tE'V/lr/ON TO 8E .$~r BY' #.411',1/1.$ t.'4f.lNT"). x u ~ a . lit ... + . . ... 111- z. -III ~> :8 ....- I.! lit : + " S 101 101 100 .. II t'r .. .1 .. ., .. II to III Z ::i . ~ 11 . . a WARNING IIGN . CATHODIC TilT ITATIO. , ::- ~ ~_.J---l. , . i i .....---q-I J 1.# . - _\. --.. ~ - .. EXISTI.. CliO..... CPIJIIUIIIO ....0ltID . CASING I PIICIfIOKD '-""LINI RlPUCIIIINT - FIIOII...UIIENT "'CT. 1:~a ... z : ~I ~1 ..1 ~ ~~ " Ill. .. "" + + + III III III " ~~ III PLAN ~i wi . III + J .... :/ ..., I II! " " + " " III ff/ ~ I + " " lit - .. - 10 TEUI CITY CATHODICALLY PROTICTID WITH ..Ae.IIIU.. ANODII 'LOWING IIEDIUII - PIIOPYLINI COATING: I-CONCIII'I IIINIIIUII PIPI IPlCIFlUTION' CAIIIIIEII PlPI: OUTIIDIE DIAIIETIII '.111- WAU THIC.NI. o.leo. 'IPI .IIADIE APlILX .... IIIN. YIILD ITItUITN: IIAX. OPIIIATIIII PltIUUlllE: 1440.... TilT '1IISlUIIE: 1110 PIli - -.- - ~ .. RICHARD PEARSALL LEAGUE A-625 ~ ,.-.... e e DISCUSSION OF CASED PIPELINE CROSSING ROADS OR STREETS VERSE UNCASED PIPELINES CROSSING ROADS OR STREETS Although cased pipelines have been used for many years, updated technology has brought forth better conditions and safer aspect to pipelines as shown below. The U. S. Department of Transportation, Title 49 C. F. R. Parts 195, State Department of Transportation and Safety, American National Standard Institute (ANSI), American Petroleum Institute (API), Harris County Commissioners are some of the governing organizations under which pipelines are designed that allows pipeline to cross roads and street without casing but requires different types of protection. Although we respect the requirements and ordinances of the City of LaPorte, Texas we sincerely request that the replacement pipeline be installed across city street as shown on the attached plats without casing but coated with 111 layer of concrete reinforced with wire mesh over the bitumastic coal tar coating. Even if requirements for non-casing calls for additional foot of cover or installation of reinforced concrete slab in the drainage ditches below grade we think more would be accomplished than casing the pipeline. It is thought that the city of LaPorte would be best served giving the safest means living with the pipeline industry. 1. The most important aspect for non-cased road is that the carrier pipe (pipe which contains the liquid) will be cathodically protected by magnesium anodes or electrical rectifiers. With the bitumastic coal tar or epoxy coatings a minimum of cathodic protection will be required. With casing, the carrier pipe cannot be cathodic protected since the casing will prevent the carrier pipe from receiving the cathodic protection current. 2. Also it is very difficult with expansion of the pipe and casing due to wetting and drying of the soil as well as temperature changes the casing and carrier pipe become in contact with each other causing damage to the coating and shorting the casing and carrier pipe. When shorting the pipe and casing occurs, the cathodic protection is partly lost. To correct this shorting of the pipe and casing they must be excavated to remove the short. If the short is not removed additional cathodic protection must be applied and even then the pipe may require removing or replaced if damages are sever. 3. The casing will give a certain amount mechanical protection from external outside forces depending on the type of equipment is used and the experience of the equipment operator. A tooth of a backhoe or a plow installing cable would probably puncher both the casing and carrier. The 111 concrete coating would offer just as much protection as the casing. 4. Lowering the carrier pipe would probably help the chances of less damage of the pipe. Additional cover-in drainage ditches would be beneficial to prevent ruptures. .-' .~.. ..... e e 2 5. Another method to prevent outside damage would be to install 611 thick steel. reinforced concrete slab in the drainage ditch. This slab would cover the width of the drainage ditch extending two feet on both side of pipeline and approximately one foot above the pipeline. On crossing where ditches are not needed and concrete curb mayor may not inplace then the concrete slab will be installed in 10 feet section to the right of way line. 6. Added wall thickness of pipe may give some addition to safety but normally does not prevent accidents. If approved the Gulf Oil Corporation 611 pipe replacement across City of LaPorte streets and roads will be bored and pulled using concrete coated line pipe cathodically protected with magnesium anodes without casing. R/W DEPARTMENl" FEBRUARY, 1984 D. B. CURRIE TO: I I {City Manager FROM: J .L; Sease Date: March 27, 1984 REQUEST FOR CITY COUNCIL AGENDA ITEM 2. x Report Resolution Ordinance 1. Agenda Date Requested: April II, 1984 3. Proje,ct Summary: Concreting the parking area behind the new Fire Administration Building. (SEE ATTACHED MEMO). 4. Action Required: City Council agree to and authorize bidding to have area concreted. 5. Alternative:. Not bid and explore for other ways to hard surface area. 6. Recommendation: Advertise for bids to concrete area. 7 . Exhibits: Memo attached expla~ning problem. a.Availability of Funds: Genera 1 Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: ____yes ~No To be discussed at time of presentation to council. P.equested By '/:~--~ /J.L. Sease 9.Approved for City Council Agenda Q~J: T, ~~ .Ci ty ~lanager 3 I 8. &' , J qg ~ Date ,I >'. . e CITY OF LA PORTE e INTER-OFFICE MEMORANDUM DATE: ~~rch 27, 1984 TO: Jack Owen FROM: J.L. Sease SUBJECT: PARKING AREA IN REAR OF NEW FIRE ADMINISTRATION BUILDING When construction originally was planned, the existing slabs were to be left in place. However, the contractor selected, removed the slabs which gave us a better building. Doing this removed concrete which should have been in the parking area. Also, the sewer line to the old section was not where originally thought. This required removing more of the old asphalt topping. A total of approximately one third of the parking area is now untopped soil. After careful consideration we feel that the best choice is to concrete the entire area. The estimated cost would be twelve to fifteen thousand dollars. If the City cannot find excess funds to cover this, the Fire Department has funds budgeted for some items that could be put off until the next budget. If it is thought that this is an excessive amount to spend, the next alternative would be to purchase the materials for approximately eight thousand dollars ($8,000) and the Fire Department will pour the slabs in sections. The building contractor presented a cost of fourteen thousand dollars ($14,000), but I feel this can be lowered by bidding the job. /~ J.L. Sease . e - . . . MEMORANDUM CITY OF LA PORTE . TO: Mayor Cline and Councilmembers . FROM: Jack Owen . SUBJECT: Paving Parking Lot at the Police Department DATE: April 6, 1984 . . A parking lot was budgeted in the Capital Improvement Fund to relieve the parking problems at the Police Station. The amount budgeted for the project is $53,250.00. Should the Council approve the request of the Fire Department for concrete paving at the new Fire Department Administration Building, I would suggest that both projects be bid at the same time in the hopes of getting a better price. John Joerns has almost completed the plans for the Police Department parking lot. . . Should you have questions concerning this information, please do not sitate to contact me. . . . JO/llh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Jack OWen City Manager FROM: Robert T. Herrera Date: 3/20/84 REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date ReqUested:~/q~Jf . lNorkshep 2. ~ Report Resolution Ordinance 3. Proj~ct Summary: Ordinance No. 1382 is in need of an a.rren.dment. This ordinance establi$hes the water and Sewer rates and fees for th,e City. Staff feels that sec. 26-14 of the ordinance regulating the Deposit Schedule needs to be expanded to address deposit retUrn on single family residence. 4. Action Required: Allow staff to "make presentation on what areas it feels should be considered for an amendrrent. 5. Alternative:. Lb not allow staff to make a recomrendation and keep existing ordinance no.1382 as is. 6. Recommendation: Staff would like to reconm:md that ordinance no. 1382 be amended whereby its deposit schedule is expanded upon to allow the deposit to be n;:!fllllded to a hooeowner on a tircely basis. 7. Exhibits: a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: . Funds Avail ab 1 e : ____yes Robert T. Herrera (J3~ P.equested By No --.- DaLe II ><I. ~. TO: Jack <Men City Manager ROM: Robert T. Herrera Date: March 20, 1984 REQUEST FOR CITY COUNCIL AGENDA ITEM 2. x Report Resolution Ordinance 1. Agenda Date Requested: March 28, 1984 . Workshop 3. Proje,ct Summary: The City of La Porte's wrecker ordinance is in need of updating. 4. Action Required: Hear staff rec:oriinendation on the areas in which the City's current wrecker ordinance needs improvement. 5. Alternative:. Lb not hear staff reccmnendation and leave existing wrecker ordinance as is. 6. Recommendation: Staff rec::onnends the City's current wrecker ordinance be uPdated. 7. Exhibits: Revised ordinance is being fo:rwarded by the City Attorney's office. a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: . Funds Avail ab le: ____yes ____No Robert T. Herrera G?7; 14-, P.equested By Date f I II '11 ''1. . > fe ORDINANCE NO. ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE": REGULATING AUTO WRECKERS AND TOWING VEHICLES: 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 HUNDRED DOLLARS: PROVIDING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DhTE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OT THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and substituting the re..for e. the following, to-wit: " e e .: , Page 2 Ordinance Sec. 6-1. Definitions (a) Towing Vehicle. The term "towing vehicle, II as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transport- ing any motor vehicle Which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident Where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene unless summoned there by the owner of the vehicle involved in such' accident, either directly or through the police department. The term IItowing vehiclell shall not be construed to include a service car or other vehicle not equipped wi th mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped wi th compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The term "auto wreckerll, as used in this chapter, sha~l mean a towing vehicle Which m~y lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or Which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident. (c) Person. The term person shall include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. (d) Wrecker Driver. The term "Wrecker Driver" as used in this e e Ordinance , Page 3 chapter, means any individual who actually operates and drives an "Towing Vehicle" or "Auto Wrecker" on the streets of the City of La Porte, either on his own account or in the employ of another. The term Owner, as used in this chapter, shall (e) Owner. be construed to mean any' person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wreck- ing or repairing motor vehicles for hire and who owns or is entitled to use any "Auto Wrecker", or "Towing Vehicle", and who uses same in the conduct of his business or any part thereof. (f) Committee. The term "Committee", as used in this chapter, shall mean the City Council Wrecker Committee. The Ci ty Council Wrecker Committee shall be composed of the' following persons: 1. The Chief of Police, City of La Porte, or his duly designated representatives; 2. A Member of the City Council of the City of La Porte; 3. A duly appointed representative of the La Porte Wrecker Association; 4. City Manager of the City of La Porte or his duly designated representative; 5. A business or professional person, a citizen 'residing within the City limits of the City of La Porte, not an elected or appointed official or an employee of t~e City of La Porte, or a representative of the La Porte Wrecker Association. Sec. 6-2. Permits Required. (a) Towing Vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore' defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles without having first obtained a towing vehicle penni t, from the City of La Porte, duly issued to such person to operate the vehicle on the streets of the ~ . .e e Ordinance , Page 4 city under the terms and provisions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, upon any public street in the city for the purpose of towing or hauling wrecked or diabled vehicles, either for hire or as an inc~dent to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the City of La Porte, duly issued to such person to operate an emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, proof than an owner's wrecking vehicle was present at the scene of a collision or accident in Which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or caus- ing to be operated his wrecking vehicle as an unlicensed towing vehi- cle or auto wrecker as the case may be. Sec. 6-3. Insurance required. (a) Before any permit shall be issued to a~ owner of an auto wrecker or emergency auto wrecker, or before any renewal of said permit shall be granted, ~he owner shall be required to file an in- surance policy and or certificate of insurance policy and or certifi- cate of insurance with the City Secretary, evidencing insurance cover- age complying with the requirements contained in paragraph (b) below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability " e . '.. Ordinance , Page 5 policies must show the year, make and model, state license number and mOtor number of all towing vehicles or auto wreckers, which have been autnorized to operate by the City of La Porte. Further, all insurance policies or certificates of insurance must include an endorsement listing the City of La Porte as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the City Secretary shall be given at lease ten (10) days I written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either type of wrecker be less than the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for bodily injury to or death of one person in anyone accident and, subject to said limita- tion for one person, in the amount of THIRTY THOUSAND DOLLARS ($30,000) for bodily injury to or death of two (2) or more persons in anyone accident, and in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for injury to or destruction of property of others. in anyone accident. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued without further notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times, with satisfactory evidence that said insurance is in full force and in effect, being on file with the City Secretary of the City of La Porte. Sec. 6-4. Application for Towing Vehicle Permits. Any owner desiring to operate a towing vehicle or vehicles in the city shall apply in writing for a permit to the City Secretary, and shall state the following in his application: (1) The name and address 'of the owner. If an individual, e e Ordinance , Page 6 the application shall so state. If a partnership, the partnership name and address shall be given together with names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. (2) The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. (3) The true ownership of each towing vehicle. If not owned outright by the owner, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract wi th some company other than the owner, a copy of the contract shall also be attached. (4) A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of Police of the City of La Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permi t may be revoked or suspended' without notice to the owner. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit fee of ($ ) a year for each towing vehicle e e Ordin'ance , Page 7 the owner desires to operate. All permits shall expire on the 31st day of December each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding 31st day of December. If a permit is granted subsequent to the 1st day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. Sec. 6-5. Issuance of Towing Vehicle Permits. After the owner has filed his towing vehicle application, permit fee, and insurance policy, and the City Secretary has examined same and fOund them to be in compliance with the terms of this chapter, he shall issue to the owner a permit for each towing vehicle licensed, which permit shall bear upon its face a notice that the same expires on the succeeding December 31st. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. Sec. 6-6. Additional and Replacement Towing Vehicle Permits. (a) When an owner has obtained an towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional tow- ing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle permits. " e e , Page 8 Ordinance (b) He shall also file with the City Secretary a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Secretary shall examine such supplemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle permits covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of an towing vehicle during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in i.ts place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The City Secretary shall, upon the payment of a DOLLARS ($ ) transfer fee, issue the owner a new permit covering the replacement towing vehicle as provided in 6-5, and cause the old towing vehicle permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number.' Sec. 6-7. Application for auto wrecker permits. Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make application to the City Secretary for an auto wrecker permit or permits. Such application shall be sub- mi tted upon form to be furnished by the City Secretary and the applicant shall furnish the following proof and information with his application. (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some .., e e Ordinance , Page 9 company other than the name of the owner, then the name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. If any individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the City Secretary within ten (10) days after the change and such new officers or partners: shall individually file applications certifyi~g to their individual qualifications . within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by such corporation or partnership. (b) The application shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the City Secretary, upon making application '. e e . Ordinance , Page 10 a sum of money in the amount of DOLLARS ($ ).' Said sum shall be used to pay for the advertising of such application in the newspaper for two (2) consecutive weeks. Within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two (2) consecu- tive weeks a notice to all holders of auto wrecker permits and all other interested persons. Such notice shall advert- ise the time and place of public hearing, which said hearing shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the' business under which the applicant proposes to operate and any other pertinent data that the City Secretary may deem necessary. If such deposit is in excess of the cost of advertising, the City Secretary shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the City Secretary shall then -require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or .not the application for an auto wrecker permit will be granted, based upon the number of permits outstanding and whether or not the granting of the application will the public convenience and necessity shall be heard before the committee at the time and place designated. (d) The committee shall have in attendance at such hearing a representative from the city legal department, and any other persons that it may deem necessary to conduct said hearing. At the time of the hearings and investigation with reference to whether or not public convenience and " necessity'exists 'for the issuance of such permits the e e Ordinance , Page 11 committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of any protestants and their witnesses and shall have the right to call such other witnesses as the councilmen may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committee shall take into consideration the following: (1) The financial responsibility of the applicant: (2) The number of vehicles to be operated: ( 3) Make, model and type of vehicle or vehicles to be used: (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike: (5) Whether or not all insurance required by this Chapter has procured or will be procured: (6) That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, and that the lot is located within the City Limits of the City of' La.Porte: (7) Determine that ..all city ad valorem taxes and other taxes of the applicant have been paid: (8) Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer/employee relationship: (9) Whether the applicant proposes to own, rent or lease the vehicle to be' used: (10) The number of auto wreckers then in existence and . - Ordinance , Page 12 licensed7 (11) Whether the requirements of public convenience and necessi ty can be met and complied with only by the issuance of additional certificates of public conven- ience and necessity for auto wreckers7 (12) Any and all other facts the committee may deem rele- vant. Sec. 6-8. Issuance of Certificates of Convenience and Necessity for Auto Wrecker permits. If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing wi thin ten (10) days f.rom the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. Sec. 6-9. Denial of Certificate of Convenience and Necessity for Auto Wrecker permits. If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another application for six (6) months from the date of his filing of the . -e Ordinance , Page 13 application for the auto wrecker permit. Sec. 6-10. Appeal from the Findings of the City Council Wrecker Conunittee. After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten (10) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter addressed to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appeal, and the Council, as soon as practicable, after receiv- ing said notice of appeal together with the 'findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the Ci ty Se~retary of its findings. The findings of the City Council shall be final. If no appeal is made to the City Council from the commdttee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for auto wrecker permits. The pe;-mit fee to operate an "auto wrecker" or "auto wreckers" DOLLARS ($ shall be ) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. Sec. 6-12. Issuance of Auto Wrecker Permits. . - , Page 14 Ordinance After the owner has filed his application for an auto wreCker permi t, a hearing held and public convenience and necessity found to exi st, and the applicant has filed the required insurance, and the City Secretary and City Attorney have examined same and found them to be in compliance with the terms of this chapter, the City Secretary shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the license number of the auto wrecker. Said Permits shall be issued by the Ci ty Secret- ary upon authorization of the Committee to be attached to the auto wreCker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the State of Texas for said auto wreCker. These permits are and shall always remain the property of' the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unl~wfu1 for the owner of said permits to retain such permit, and he shall cause said permit to be destroyed or surrendered to the City Secretary of the City of La Porte immediately upon notification or such suspension or revocation, as is feas ible. Sec. 6-13 Revocation or Suspension of Auto Wrecker or Permits or Towing Vehicle Permits. (a) Upon a complaint being filed by any.person with the City Secretary of a violation of any of the terms or provisions of this chapter or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evidence with reference to such complaint or rrotion. Should such hearing reveal a violation of any of the terms of this chapter or the laws of this state or federal govermnent or other ordinances 'r ... e e Ordinance , Page 15 of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of an towing vehicle or auto wrecker, it shall make its findings and direct the City Secretary to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hear- ing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the City Council within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the Qwner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the City Secretary, stating than an appeal is desired from the revocation of the committee. The City Secretary shall notify the City Council of such appeal, and the council, as soon as practic- . able thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the deci~ion of the committee shall be final. Sec. 6-14. Transfer of Auto Wrecker Permits. Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The City Secretary shall, upon the payment of a DOLLARS ( $ ) transfer fee,' issue the owner a new permit covering "the new auto wrecker, as provided in e e Ordinance , Page 16 section 6-12 hereof, and cause the old auto wrecker pennit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Sec. 6-15. Permits are Personal to Owners Thereof. (a) A permit issued hereunder for an towing vehicle or an auto wrecker shall be a personal penni t to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The pennits issued pursuant to this chapter are transferable as between owners only upon the express approval of the commi ttee, and shall be subject to a DOLIARS ($ ) transfer fee, if apporoved. A denial of the right to transfer a pennit may be appealed to the City Council, in compliance wi th the terms of section 6-10 hereof. Upon cancellation of any penni t no portion of the penni t fee shall be refunded to the cwner thereof. Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for a~ person, corporation or partner- ship to use the streets of the City for the operation of an towing vehicle or auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any property used and useful in the furnishing of towing vehicle or auto wreckers shall, on or before the 31st day of January of each year, furnish the City Secreta:ry with satisfacto:ry evidence .that all ad valorem and other taxes due the 'city have been duly paid. If an investigation by the City Secretary discloses that such taxes were not in f.act paid, the owner's permit shall be automatically suspended, and if such taxes are not paid in full wi thin sixty (60) days thereafter, the committtee may cause such permit to be indefinitely suspended, '. e e Ordinance , Page 17 cancelled or revoked. Sec. 6-17. Regulations On Operations. (a) The committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not incollsistent with any c;:>f the provisions of this chapter, deemed necessary to protect public safety and welfa.re. Specifically, but without limitation, the committee is hereby' authorized to promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the City of La Porte at anyone time. The committee shall cause the City Secretary to serve copies of such rules on owners at their registered addresses l:!i certified mail. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any penni t holders shall have the right, in accordance with the provisions of section 6-10, to appeal to the City Council with regard to any rules and restrictions promulgated by the committee felt by such permit holder to be unduly onerous. Sec. 6-18. Procedure by Auto Wrecker Operators at Scene of Disabled Vehicle. (a) Whenever an auto wrecker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally pan his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic. He shall not park his vehicle wi thin a distance of fifty (50) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any' wrecked or disabled vehicle at the place where an accident has occurr- ed, by words, cards, circulars or gestures. (c) All auto wrecker drivers arriving at the place where any accident has occurred shall qbey all orders given them by any police e e .. " '. , Page 18 Ordinance officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicl~ from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle, until: (1) the police officers have completed their investigation; and (2) the driver. of the said vehicle, or the police officer where the driver is unable, has given permission. (e) The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section and it shall be the duty of any wrecker a.mer to cause the police department of the city to be notified of the occurrence of the accident and to await the arrival of the pOlice officers of the City and the completion of their investigation. (f) All wrecker drivers shall, at all times," obey all traffic laws of the State of Texas and the City of La Porte. Sec. 6-19. Wrecker Rotation List (a) All auto wreckers desiring to be called for wrecker service by the City Police Department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the Police Departme'nt. (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the La Porte Police Department. (c) When a police officer investigating an accident determines " that any vehicle wh~ch has been involved in a collision or accident e e Ordinance , Page 19 . ~ .." upon a public street is unable to proceed safely under its own power, or When the owner thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has design- ated the wrecker company desired, the police officer shall communicate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiving such information at Head- quarters to call the designated company provided the company has previously obtained a valid auto wrecker permit to operate in the ci ty. In the event the company does not have a valid auto wrecker permit the owner shall be so informed and given an opportunity to designate another company. (d) In the event the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall commllllicate that fact immediately to Police Department Head- quarters. The Police Department shall naintain a wrecker rotation list in alphabetical order Which shall contain the names and addresses of each wrecker service company that complies with the provisions of this ordinance in order that said company might be called upon for wrecker service by the Police Department. The police officer receiv- ing a call a~ the Police Headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. After the company at the top of the list receives a call then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the 'list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provi sions of this ordinance has received calls. The Police Department shall notify each wrecker company in sufficient time prior to its rendering said wrecker service in order that the company e e Ordinance , Pa.ge 20 might adequately provide the necessary men and equipment to answer said calls. (e) In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call then the company shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answer- ing said call has not reached said location within a reasonable length of time then the officer at the scene may proceed to call the next wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker service company called fails to comply with the provisions of the ordinance by proceeding to the designated place wi thin the time specified above then this wrecker service company shall be removed from the top of the list and pla<?ed at the bottom of the list. Sec. 6-20. Specifications and Required Equipment. (a) Minimum Size. Each auto wrecker and emergency auto wrecker shall not be less than one (1) ton in size and shall be equipped with booster brakes. (b) Standards of Winch. Each auto wrecker ~nd emergency auto wrecker shall be equipped with a power take-off operated winch, winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not less than five thousand (5,000) pounds, single line capacity. The winch line shall be three-eights (3/8) inch in diameter. (c) Flashing Light. Each auto wrecker and emergency auto wrecker shall have a flashing light of at least four (4) inches in diameter on the top of the cab, as prescribed or permitted by State law; visible from both the front and rear of the truck. (d) Whee1s and Tires. Each auto wrecker and emergency auto '. e e Ordinance , Page 21 wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (1) Fire extinguishers: said fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result' of an auto accident or collision.. Said fire extinguisher to be a standard type, chemical fire exting~isher designed to combat motor vehicle fires. (2) Parking flares: said parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or iight to warn of an obstruction on the highway. 22 (3) Two bars: said tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehilcle which has been elevated for towing, rigid and to prevent swinging of said raised vehicle as it is being towed. When a vehicle is being towed the tow bar shall be in place to prevent swing- ing. (4) Broom and sand box: said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. (6) A container to hold glass and debris. (7) A permanently affixed sign, with minimum four (4) inch lettering, identifying the owner of said emergency auto wrecker, with said owner's phone number., address, and the name of his business. .. . . e e. Ordinance , Page 22 Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the above named equipment at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of the City of La Porte for compliance with the above equipment requirements. (f) It shall be the duty of the driver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and Charges. (A) (1) The' standard charge for a II norma 1 towll from the scene of the accident in the city limits of the City of La Porte to the place of business of the wrecker operator, or other location instructed by the owner, will not exceed FORTY-FIVE DOLLARS ($45.00). I f the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed to a location specified in the wrecker ticket, there may be an additional charge of DOLLARS ($ ) for transferring the vehicle within the city limits. A IInormal towll is defined as IIpicking 'up the vehicle or moving and towing the vehicle from the street to a location.1I (2) An additional charge may be made for the following addi tiona1 labor that is not required in a IInormal towll, to-wit: '. e e Ordinance , Page 23 (a) An additional charge, not to exceed DOLLARS ($ ) , may be made for a di tch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed DOLLARS ($ ) may be made for disengag- ing and removing the drive shaft, or for other exceptional labor. ( 3 ) A charge not to exceed DOLLARS ($ ) may be made when it is required to "dolly" a wrecked vehicle. This charge shall be all inclu- sive, and no other charge may be imposed when it is made. (4) Except in the event of an dolly charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be DOLLARS ($ ) . (5) A charge not to exceed FIVE DOLLARS AND FIFTY CENTS ($5.50) per day may be made for the storage of wrecked vehicles. (B) Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided by the City of La Porte containing the following informa- tion: ( l) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of parts of vehicle that have been damaged. (5) Itemized list of services to be performed, charges " e' e Ordinance , Page 24 for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of 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. Sec. 6-22. Miscellaneous provisions and Restrictions. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabl- ed vehicle shall be able to account for the vehicle at all times. A violation of this section shall constitute the basis of cancell- ation of the license without further notice. (b) Once a wrecker has been attached to a vehicle for the location, the wrecker driver shall not leave it parked prior to its arrival purpos e of towi ng it to a disengage such vehicle and at the designated location. Section 2. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 comfirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days after e e Ordinance , Page 25 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 in the City of La Porte at lease twice within ten (10) days after the passage of this ordi- nance. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. Any person, as defined in Section L 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 HUNDRED DOLLARS ($200.00). " e Ordinance , Page 26 PASSED AND APPROVED this the e day of CITY OF LA PORTE By VIRGINIA CLINE, MAYOR , 1984. ATTEST: City Secretary APPROVED: City Attorney e . I ~ AGENDA SPECIAL CALLED MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD APRIL 11, 1984, IN THE COUNCII; CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY,' LA PORTE,. TEXAS, BEGINNING AT 6:00 P.M. SPECIAL CALLED MEETING ~. CALL TO ORDER ~ CANVASS ELECTION RETURNS ~^~H OF OFFICE M. ADJOURNMENT -- ---- I WORKSHOP MEETING 9. f V1 j ~ 1. PRESENTATION- .BY .1t ENTATIVES OF .LA PORTE AREA EMERGENCY AMBULANCE CORPS CONCERNING NEW AMBULANCE UNITS o DISCUSS ADVERTISING FOR BIDS TO CONCRETE PARKING AREA (~ BEHIND FIRE ADMINISTRATION BUILDING AND POLICE ADMINIS- TRATION BUILDING J'/jI '" V1 A ;/. _ F ,: 4. DISCUSS UPDATING ORDINANCE ESTABLISHING WATER AND SEWER DEPOSITS k!" y L /1tf f' A ri ~_..~ --- 5 . DI SCUSS UPDATING WRECKER qiiD~CE ~ t"'" rI ~ .- 6. DISCUSS AMENDING ORDINANCE.NO. 1}68 , REGULATING DRILLING OF' WA~ER WELLS WITHIN THE CITY l,!fI f'Yi rf~_ 7. ~ISCUSS RESOL~TIO~SUP~ORTING TEXAS MUNI7IPAL'~EA~UE'S POTHOLE BILL f::'1' I, 'l 1'/ p ~~..L ~ ,~d."';Cf 8. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E), (F), (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL), CALL TO ORDER 9. ADJOURNMENT .\ j/ r? ",,,,. r " n1 "" .t: /J~(J t \ t\1'gll:m!'!a ~~. . ~ ~ JH ,. . ~iH !i i,'''' S , ....: ~ 1 . 11; iI '. .... '. - fl~" iiI n l'"::~'-"--.:" .. ~ ;?t.t!-~ j: :' - ., .::.: ,., i I; ~ .~ ..' 10 .iI~;':"'f ~ :.;J iJ.,;; ~!'~"':2 _ : ..... l r','" ~ r:. ,,~,~-. ',.. i ;~:J. , '1, .,~, " . :j i'lj,f 1. ;.u ~ J':" ;'j';j ~'J ~ti QU( ~ r: e e AGENDA WORKSHOP MEETING OF THE LA'PORTE CITY COUNCIL TO BE HELD APRIL 11, 1984, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY, LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. 1. CALL TO ORDER 2. PRESENTATION BY REPRESENTATIVES OF LA PORTE AREA EMERGENCY AMBULANCE CORPS CONCERNING NEW AMBULANCE UNITS 14,-3 3. DISCUSS ADVERTISING FOR BIDS TO CONCRETE PARKING AREA BEHIND FIRE ADMINISTRATION BUILDING AND POLICE' ADMINIS- TRATION BUILDING ~I 4. DISCUSS UPDATING ORDINANCE ESTABLISHING WATER AND SEWER DEPOSITS C- \ -.11J 5. DISCUSS UPDATING WRECKER ORDINANCE '[)J- .3 &1.7 6. DISCUSS AMENDING ORDINANCE NO. 1168, REGULATING DRILLING OF WATER WELLS WITHIN THE CI.TY 7. DISCUSS RESOLUTION SUPPORTING TEXAS MUNICIPAL LEAGUE'S "POTHOLE BILL" 8. EXECUTIVE SESSION - V.A.T.S. - ARTICLE 6252-17, SECTION 2(E), (F), (G) - (LEGAL, LAND ACQUISITION AND PERSONNEL) 9. ADJOURNMENT ./ NOTrt: N' '~Ert' -I i ~\~ ~ Ifl ~ ~.f.l rl:r-- Cl'a"J.1't\'. ~i';'t~GE ,. ~ ~ td ~,' I; !. ". ~ 111...14.,;1 B~UV~. e .1 " e .'---"-... '- :-2!1 TO: FROM: J.L; Sease Date: March 27, 1984 City Manager REQUEST FOR CITY COUNCIL AGENDA ITEM 2. x Report Resolution OrQinance 1. Agenda Date Requested: April 11, 1984 3. Proj~ct Summary: Concreting the parking area behind the new Fire Administration Building. (SEE ATTACHED MEMO). 4. Action Required: City Council agree to and authorize bidding to have area concreted. 5. Alternative:. Not bid and explore for other ways to hard surface area. 6. Recommendation: Advertise for bids to concrete area. 7. Exhibi ts : Memo attached expla~ning problem. a.Availability of Funds: Genera 1 Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: Funds Available: ____yes ~No To be discussed at time of presentation to council. P.equested By -/,~~--< /J .L. Sease 9.Approved for City Council Agenda QttX T. ~~ .City Nanager A,I 31a. &' , Jqg~ Date ~ e 1 e -.4'____. ... ~ h CITY OF LA PORTE INTER-OFFICE MEMORANDUM DATE: ~~rch 27, 1984 TO: Jack Owen FROM: J.L. Sease SUBJECT; PARKING AREA IN REAR OF NEW FIRE ADMINISTRATION BUILDING When construction originally was planned, the existing slabs were to be left in place. However, the contractor selected, removed the slabs which gave us a better building. Doing this removed concrete which should have been in the parking area. Also, the sewer line to the old section was not where originally thought. This required removing more of the old asphalt topping. A total of approximately one third of the parking area is now untopped soil. After careful consideration we feel that the best choice is to concrete the entire area. The estimated cost would be twelve to fifteen thousand dollars. If the City cannot find excess funds to cover this, the Fire Department has funds budgeted for some items that could be put off until the next budget. If it is thought that this is an excessive amount to spend, the next alternative would be to purchase the materials for approximately eight thousand dollars ($8,000) and the Fire Department will pour the slabs in sections. The building contractor presented a cost of fourteen thousand dollars ($14,000), but I feel this can be lowered by bidding the job. /~~~ J.L. Sease (1:2- e ~ .A 'r e --"-... ...... ~ ( ( <". ( ( ( ( MEMORANDUM CITY OF LA PORTE ( ( TO: Mayor Cline and Councilmembers ( ( FROM: Jack Owen ( ( SUBJECT: Paving Parking Lot at the Police Department DATE: April 6, 1984 ( ( ( A parking lot was budgeted in the Capital Improvement Fund to relieve the parking problems at the Police Station. The amount budgeted for the project is $53,250.00. Should the Council approve the request of the Fire Department for concrete paving at the new Fire Department Administration Building, I would suggest that both projects be bid at the same time in the hopes of getting a better price. John Joerns has almost completed the plans for the Police Department parking lot. Should you have questions concerning this information, please do not sitate to contact me. ( ( ( ( ( ( ( ( ( ( ( JO/llh ( ( t: <. ~ <. <.. (. <... l L ; '-- A3 ~ l l. '- l. e . .;. '- e .........--....-4 ...... ~ . TO: Jack OWen City Manager FROM: Robert T. Herrera Date: 3/20/84 REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested:J.pr;f. 11"Q"81f . wo-c--kshCf> 2. ~ Report Resolution Ordinance 3. Proje,ct Summary: Ordinance No. 1382 is in need of an amendrtent. This ordinance -establishes the '.vater and Sewer rates and fees for th,e City. Staff feels that sec. 26-14 of the ordinance regulating the Deposit Schedule needs to be expanded to address deposit return on single family residence. 4. Action Required: Allow staff to'make presentation on what areas it feels should be considered for an anendrcent. 5. Alternative: Lb not allow staff to make a recomrendation and keep existing ordinance no.1382 as is. 6. Recommendation: Staff would like to reconmend that ordinance no. 1382 be amended whereby its deposit schedule is expanded upon to allow the deposit to be n;:!fllllded to a haneowner on a tircely basis. 7. Exhibits: a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: . Funds Available: ____yes ____No Robert T. Herrera (J3~ P.equested By Agenda II ~, DaLe ~ e .1 'r e ..---- ~~ TO: Jack <Men City Manager FROM: Robert T. Herrera Date: March 20, 1984 REQUEST FOR CITY COUNCIL AGENDA ITEM 2. x Report Resolution Ordinance 1. Agenda Date Requested: l1arch 28, 1984 . Workshop 3. Proj~ct Summary: The City of La Porte's wrecker ordinance is in need of updating. 4. Action Required: Hear staff recariitendation on the areas in which the City's current wrecker ordinance needs improvenent. 5. Alternative:. Lb not hear staff recarrmendation and leave existing wrecker ordinance as is. 6. Recommendation: Staff reco.mnends the City's current wrecker ordinance be updated. 7. Exhibits: Revised ordinance is being forwarded by the City Attorney's office. a.Availability of Funds: General Fund Capital Improvrnt. Other Water/Wastewater General Revenue Sharing Account Number: . Funds Available: ____yes ____No Robert T. Herrera G?7; 14-, --- ~~ppj~~~enda r Clfy fwIanager P.equested By ,'!- I J II c. Date " e e ORDINANCE NO. ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE" 7 REGULATING AUTO WRECKERS AND TOWING VEHICLES7 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 HUNDRED DOLLARS7 PROVIDING A SEVERABILITY CLAUSE7 FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW 7 AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OT THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and substituting there.fore. the following, to-wit: e.~ .e e . Ordinance , Page 2 Sec. 6-1. Definitions (a) Towing Vehicle. The term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transport- ing any motor vehicle Which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident Where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one of the vehicles from the scene unless summoned there by the owner of the vehicle involved in such' accident, either directly or through the police department. The term "towing vehicle" shall not be construed to include a service car or other vehicle not equipped wi th mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped wi th compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The term "auto wrecker", as used in this chapter, sha~l mean a towing vehicle which m~y lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or Which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles from the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident. (c) Person. The term person shall include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. (d) Wrecker Driver. The term "Wrecker Driver" as used in this c..3 e e Ordinance , Page 3 chapter, means any individual who actually operates and drives an "Towing Vehicle" or "Auto Wrecker" on the streets of the City of La Porte, either on his own account or in the employ of another. (e) Owner. The term Owner, as used in this chapter, shall be construed to mean any person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wreck- ing or repairing motor vehicles for hire and who owns or is entitled to use any "Auto Wrecker", or "Towing Vehicle", and who uSes same in the conduct of his business or any part thereof. (f) Committee. The term "Committee"', as used in this chapter, shall mean the City Council Wrecker Committee. The City Council Wrecker Committee shall be composed of the' following persons: 1. The Chief of Police, City of La Porte, or his duly designated representatives; 2. A Member of the City Council of the City of La Porte; 3. A duly appointed representative of the La Porte Wrecker Association; 4. City Manager of the City of La Porte or his duly designated representative; 5. A business or professional person, a citizen residing within the City limits of the City of La Porte, not an elected or appointed official or an employee of t~e City of La Porte, or a representative, of the La Porte Wrecker Association. Sec. 6-2. Permits Required. fa) Towing Vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles without having first obtained a towing vehicle penni t, from the City of La Porte, duly issued to such person to operate the vehicle on the streets of the c~ . e e , Page 4 Ordinance city under the terms and provisions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, upon any public street in the city for the purpose of towing or hauling wrecked or diabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the City of La Porte, duly issued to such person to operate an emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, proof than an owner's wrecking vehicle was present at the scene of a collision or accident in Which a vehicle was wrecked or disabled shall constitute prima facie evidence that such owner was operating or caus- ing to be operated his wrecking vehicle as an unlicensed towing vehi- cle or auto wrecker as the case may be. Sec. 6-3. Insurance required. (a) Before any permit shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of said permit shall be granted, ~he owner shall be required to file an in- surance policy and or certificate of insurance policy and or certifi- cate of insurance with the City Secretary, evidencing insurance cover- age complying with the requirements contained in pa~agraph (b) below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability ~s- It e Ordinance , Page 5 policies must show the year, make and model, state license number and mOtor number of all towing vehicles or auto wreckers, which have been authorized to operate by the City of La Porte. Further, all insurance policies or certificates of insurance must include an endorsement Ii sting the City of La Porte as an addi tional named ins ured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the City Secretary shall be given at lease ten (10) days I written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas Motor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either type of wrecker be less than the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for bodily injury to or death of one person in anyone accident and, subject to said limita- tion for one person, in the amount of THIRTY THOUSAND DOLLARS ($30,000) for bodily injury to or death of two (2) or more persons in anyone accident, and in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for injury to or destruction of property of others in anyone accident. The city shall immediately suspend, cancel or revoke any towing vehicle or auto wrecker permit heretofore issued 'without further notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times, with satisfactory evidence that said insurance is in full force and in effect, being on file with the City Secretary of the City of La Porte. Sec. 6-4. Application for Towing Vehicle Permits. Any owner desiring to operate a towing vehicle or vehicles in the city shall apply in writing for a permit, to the City Secretary, and shall state the following in his application: (1) The name and address of the owner. If an individual, (2,' e e Ordinance , Page 6 the application shall so state. If a partnership, the partnership name and address shall be given together with names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. (2) The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. (3) The true ownership of each towing vehicle. If not owned outright by the owner, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract wi th some company other than the owner, a copy of the contract shall also be attached. (4) A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of Police of the City of La Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his perrni t may be revoked or suspended wi thout notice to the owner. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle perrni t fee of ' ($ ) a year for each towing vehicle t!..1 e e O~din'ance , Page 7 the owner desires to operate. All permits shall expire on the 31st day of December each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding 31st day of December. If a permit is granted subsequent to the 1st day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. Sec. 6-5. Issuance of Towing Vehicle Permits. After the owner has filed his towing vehicle application, permit fee, and insurance policy, and the City Secretary has examined same and found them to be in compliance with the terms of this chapter, he shall issue to the owner a permit for each towing vehicle licensed, which permit shall bear upon its face a notice that the same expires on the succeeding December 31st. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. Sec. 6-6. Additional and Replacement Towing Vehicle Permits. (a) When an owner has obtained an towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional tow- ing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle permits. C~ e . Ordinance , Page 8 (b) He shall also file with the City Secretary a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Secretary shall examine such supplemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle permits covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of an towing vehicle during the period covered by his permit and replace it wi th another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The City Secretary shall, upon the payment of a DOLLARS ($ ) transfer fee, issue the owner a new permit covering the replacement towing vehicle as provided in 6-5, and cause the old towing vehicle permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Sec. 6-7. Application for auto wrecker permits. Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make application to the City Secretary for an auto wrecker permit or permits. Such application shall be sub- mi tted upon form to be furnished by the City Secretary and the applicant shall furnish the following proof and information with his application. (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some (!f:j It e , Page 9 Ordinance company other than the name of the owner, then the name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wrecker permit shall be issued in the joint names and no transfer from one company to another company by the owner shall be permitted. If any individual, the application shall so state. If a partn~rship, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All 'changes of such officers or partners shall be reported to the City Secretary wi thin ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all permits held by such corporation or partnership. (b) The application shall list the make, model, motor number and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker permit shall deposit with the City Secretary, upon making application C-IO e e Ordinance , Page 10 a sum of money in the amount of DOLLARS ($ ) .' Said sum shall be used to pay for the advertising of such application in the newspaper for two (2) consecutive weeks. Within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two (2) consecu- tive weeks a notice to all holders of auto wrecker permits and all other interested persons. Such notice shall advert- ise the time and place of public hearing, which said hearing shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the' business under which the applicant proposes to operate and any other pertinent data that the City Secretary may deem necessary. If such deposit is in excess of the cost of advertising, the City Secretary shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the City Secretary shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or ..not the application for an auto wrecker permit will be granted, based upon the number of permits outstanding and whether or not the granting of the application will the public convenience and necessity shall be heard before the committee at the time and place designated. (d) The committee shall have in attendance at such hearing a representative from the city legal department, and any other. persons that it may deem necessary to conduct said hearing. At the time of the hearings and investigation with reference to whether or not public convenience and necessity.exists for the issuance of such permits the ell e e Ordinance , Page 11 committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of any protestants and their witnesses and shall have the right to call such other witnesses as the councilmen may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committee shall take into consideration the following: (1) The financial responsibility of the applicant: (2) The number of vehicles to be operated: (3) Make, model and type of vehicle or vehicles to be used: (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike: (5) Whether or not all insurance required by this Chapter has procured or will be procured: (6) That the applicant has a properly fenced storage facility for wrecked vehicies, the size of his business location and lot, and that the lot is located within the City Limits of the City of La Porte: (7) Determine that all city ad valorem taxes and other taxes of the applicant have been paid: (8) Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer/employee relationship: (9) . Whether the applicant proposes to own, rent or lease the vehicle to be' used: (10) The number of auto wreckers then in existence and C!-/:L . e Ordinance , Page 12 licensed; (11) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional certificates of public conven- ience and necessity for auto wreckers; (12) Any and all other facts the committee may deem rele- vant. Sec. 6-8. Issuance of Certificates of Convenience and Necessity for Auto Wrecker permits. If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing wi thin ten (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. Sec. 6-9. Denial of Certificate of Convenience and Necessity for Auto Wrecker permits. If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in writing within ten (10) days from the last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another application for six. (6) months from the date of his filing of the c"/3 e . Ordinance , Page 13 application for the auto wrecker permit. Sec. 6-10. Appeal from the Findings of the City Council Wrecker Conunittee. After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten (10) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the fonn of a. 1etter'addresse~ to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appeal, and the Council, as soon as practicable, after receiv- ing said notice of appeal together with the 'findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the City Se~retary of its findings. The findings of the City Council shall be final. If no appeal is made to the City Council from the comndttee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for auto wrecker permits. The pe~ll1i t fee to operate an "auto wrecker" or "auto wreckers" shall be DOLLARS ($ ) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any pennit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. Sec. 6-12. Issuance of Auto Wrecker Permits. C!-/f . . , Page' 14 Ordinance After the o",mer has filed his application for an auto wrecker permi t, a hearing held and public convenience and necessity found to exi st, and the applicant has filed the required insurance, and the City Secretary and City Attorney have examined same and found them to be in compliance with the terms of this chapter, the City Secretary shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the license number of the auto wrecker. Said permi ts shall be issued by the Ci ty Secret- ary upon authorization of the Committee to be attached to the auto wrecker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the State of Texas for said auto wrecker. These permits are and shall always remain the property of' the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unlawful for the owner of said permi ts to retain such permit, and he shall cause said permit to be destroyed or surrendered to the City Secretary of the City of La Porte immediately upon notification or such suspension or revocation, as is feasible. Sec. 6-13 Revocation or Suspension of Auto Wrecker or Permits or Towing Vehicle Permits. (a) Upon a complaint being filed by any person with the City Secretary of a violation of any of the terms or provisions of this chapter or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evidence with reference to such complaint or rcotion. Should such hearing reveal a violation of any of the terms of this chapter or the laws of this state or federal government or other ordinances C-IS-- e e '" , Page 15 Ordinance of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of an towing vehicle or auto wrecker, it shall make its findings and direct the City Secretary to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hear- ing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the City Council within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the qwner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the City Secretary, stating than an appeal is desired from the revocation of the committee. The City Secretary shall notify the Ci ty Council of such appeal, and the council, as soon as practic- . able thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the decision of the committee shall be final. Sec. 6-14. Transfer of Auto Wrecker Permits. Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permit, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The City Secretary shall, upon the payment of a DOLLARS ( $ ) transfer fee, issue the owner a new permi t covering 'the new auto wrecker, as provided in C/6 . e Ordinance , Page 16 section 6-12 hereof, and cause the old auto wrecker permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Sec. 6-15. Permits are Personal to Owners Thereof. (a) A permit issued hereunder for an towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The penni ts issued pursuant to this chapter are transferable as between owners only upon the express approval of the commi ttee, and shall be subject to a DOLIARS ($ ) transfer fee, if apporoved. A denial of the right to transfer a permi t may be appealed to the City Council, in compliance wi th the terms of section 6-10 hereof. Upon cancellation of any permit no portion of the pennit fee shall be refunded to the owner thereof. Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for any person, corporation or partner- ship to use the streets of the City for the operation of an towing vehicle or auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any' property used and useful in the furnishing of towing vehicle or auto wreckers shall, on or before the 31st day of January of each year, furnish the City Secretary with satisfactory evidence .that all ad valorem and other taxes due the 'ci ty have been duly paid. If an investigation by the City Secretary discloses that such taxes were not in f.act paid, the owner IS permit shall be automatically suspended, and if such taxes are' not paid in full wi thin sixty (60) days thereafter, the committtee may cause such permit to be indefinitely suspended, C!./7 . e Ordinance , Page 17 cancelled or revoked. Sec. 6-17. Regulations On Operations. (a) The committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not inconsistent with any of the provisions of this chapter, deemed necessary to protect public safety and welfa.re. Specifically, but without limitation, the committee is here~ authorized to promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the City of La Porte at anyone time. The committee shall cause the City Secretary to serve copies of such rules on ONners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any pennit holders shall have the right, in accordance with the provisions of section 6-10, to appeal to the City Council with regard to any rules and restrictions promulgated by the committee felt ~ such permit holder to be unduly onerous. Sec. 6-18. Procedure by Auto Wrecker Operators at Scene of Disabled Vehicle. (a) Whenever an auto wreCker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver shall legally park his vehicle as close to the street 'curb as possible and otherwise dispose of it in such a manner as not to interfere with traffic., He shall not park his vehicle wi thin a distance of fifty (SO) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any wreCked or disabled vehicle at the place where an accident has occurr- ed, by words, cards, circulars or gestures. (c) All auto wrecker drivers arriving at the place where any accident has occurred shall qbey all orders given them by any police (2/~ e e .0 .. , Page 18 Ordinance officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall remove any wrecked or disabled vehicle from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle, until: (I) the police officers have completed their investigation; and (2) the driver of the said vehicle, or the police officer where the driver is unable, has given permission. (e) The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle that has been summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section and it shall be the duty of any wrecker owner to cause the police department of the ci ty to be notified of the occurrence of the accident and to await the arrival of the pOlice officers of the City and the completion of their investigation. (f) All wrecker drivers shall, at all times, obey all traffic laws of the State of Texas and the City of La Porte. Sec. 6-19. Wrecker Rotation List (a) All auto wreckers desiring to be called for wrecker service by the City Police Department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the Police Department. (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the La Porte Police Department. (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or .accident CI9 e e , Page 19 Ordinance .. .0 upon a pUblic street is unable' to proceed safely under its own power, or When the owner thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has design- ated the wrecker company desired, the police officer shall communicate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiving such information at liead- quarters to call the designated company provided the company has previouslY obtained a valid auto wrecker permit to operate in the ci ty. In the event the company does not have a valid auto wrecker permi t the owner shall be so informed and given an opportunity to designate another company. (d) In the event the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall communicate that fact immediately to Police Department Head- quarters. The Police Department shall maintain a wrecker rotation list in alphabetical order which shall contain the names and addresses of each wrecker service company that complies with the provisions of this ordinance in order that said company might be called upon for wreCker service ~ the Police Department. The police officer receiv- ing a call at the Police Headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. After the company at the top of the list receives a call then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the provisions of this ordinance has received calls. The Police Department shall notify each wrecker company in sufficient time prior to its rendering said wrecker service in order that the company (!,~ e e , Page 20 Ordinance might adequately provide the necessary men and equipment to answer said calls. (e) In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call then the company shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answer- ing said call has not reached said location within a reasonab~e length of time then the officer at the scene may proceed to call the next wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker service company called fails to comply with the provisions of the ordinance by proceeding to the designated place wi thin the time specified above then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. Sec. 6-20. Specifications and Required Equipment. (a) Minimum Size. Each auto wrecker and emergency auto wrecker shall not be less than one (I) ton in size and shall be equipped with booster brakes. (b) Standards of Winch. Each auto wrecker c:s-nd emergency auto wrecker shall be equipped with a power take-off operated winch, winch line and boom, with a factory rated lifting capacity (or city tested capacity) of not les~ than five thousand (5,000) pounds, sing Ie line capacity. The winch line shall be three-eights (3/8) inch in diameter. (c) Flashing Light. Each auto wrecker and wrecker shall have a flashing light of at least in diameter on the top of the cab, State law, visible from both the (d) Wheels and Tires. Each auto wrecker and as prescribed front and rear emergency auto four ( 4 ) inches or permitted by of the truck. emergency auto C!.. ~ I e e Ordinance , Page 21 wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (1) Fire extinguishers: said fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Said fire extinguisher to be a standard type, chemical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares: said parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. 22 (3) Two bars: said tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehilcle which has been elevated for towing, rigid and to prevent swinging of said raised vehicle as it is being towed. When a vehicle is being towed the tow bar shall be in place to prevent swing- ing. (4) Broom and sand box: said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. (6) A container to hold glass and debris. (7) A permanently affixed sign, with minimum four (4) inch lettering, identifying the owner of said emergency auto wrecker, with said owner's phone number, address, and the name of his business. ~~;J., e e . Ordinance , Page 22 Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the above named equipment at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of the City of La Porte for compliance with the above equipment requirements. ( f) It shall be the duty of the dr i ver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and Charges. (A) (1) The' standard charge for a IInormal towll from the scene of the accident in the city limits of the City of La Porte to the place of business of the wrecker operator, or other location instructed by .the owner, will not exceed FORTY-FIVE DOLLARS ($45.00). If the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed to a location specified in the wrecker ticket, there may be an additional charge of DOLLARS ($ ) for transferring the vehicle within the city limits. A "normal towll is defined as IIpicking up the vehicle or moving and towing the vehicle from the street to a 10cation.1I ( 2) An additional charge may be addi tional labor that is not towll, to-wit: made for the following required in a IInormal c. :;, 3 e e Ordinance , Page 23 (a) An additional charge, not to exceed DOLLARS ($ ), may be made for a ditch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed DOLLARS ($ ) may be made for disengag- ing and removing the drive shaft, or for other exceptional labor. ( 3 ) A charge not to exceed DOLLARS ($ ) may be made when it is required to "dolly" a wrecked vehicle. This charge shall be all inclu- sive, and no other charge may be imposed when it is made. (4) Except in the event of an dolly charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be DOLLARS ($ ). (5) A charge not to exceed FIVE DOLLARS AND FIFTY CENTS ($5.50) per day may be made for the storage of wrecked vehicles. (B) Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided, by the City of La Porte containing the following informa- tion: (1) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of parts of vehicle that have been damaged. (5) Itemized list of services to be performed, charges . C!- .2 t./ e e Ordinance , Page 24 for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of vehicle. (7) One copy of the wrecker ticket is to to be be given given to to the customer, and one copy is investigating police officer. Sec. 6-22. Miscellaneous provisions and Restrictions. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabl- ed vehicle shall be able to account for the vehicle at all times. A violation of this section shall constitute the basis of cancell- ation of the license without further notice. the (b) Once a wrecker has been attached to a purpose of towing it to a location, the wrecker disengage such vehicle and leave it parked prior at the designated location. Section 2. 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, Article 6252-17, Texas Revised Civil Statutes Annotated; 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 comfirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days after vehicle for the driver shall not to its arrival e~S e e , Page 25 Ordinance its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be publisheQ in the official newspaper in the City of La Porte at lease twice within ten (10) days after the passage of this ordi- nance. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. 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 HUNDRED DOLLARS ($200.00). 'c..;)..~ e Ordinance , Page 26 PASSED AND APPROVED this the e day of CITY OF LA PORTE By VIRGINIA CLINE, MAYOR , 1984. ATTEST: City Secretary APPROVED: City Attorney ~j? e e ORDINANCE NO. l168-A AN ORDINANCE AMENDING ORDINANCE NO. 1168, AN ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE CITY: REGULATING THE USE AND SALE OF WATER WITHIN THE CITY: PROVIDING EXCEPTIONS: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMeD GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00): CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. From and after the effective date hereof, it shall be unlawful for any person to drill a water well to provide water for human consumption, or for residential or commercial purposes within the City of La Porte. Section 2. From and after the effective date hereof, it shall be unlawful for any person to use, sell, barter, give away or offer for sale, offer to barter, or offer to give away, for human consumption, or for residential or commercial purposes, water originating from any source other than the Water Department of the City of La Porte, to any other person within the ~ity of La porte, except such City. Section 3. The provisions of this Ordinance shall not be applicable to the sale of distilled water, or other bottled water approved for human consumption, by the Texas Department of Health. 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 in the City of La Porte at least twice within ten (10) days after the passage of this ordinance. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Commission 7)/ . e Ordinance No. 1168-A, Page 2. to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sen- tence, phrase or clause, or part thereof, may be declared invalid. Section 6. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordi- nance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) . Each day any violation of this ordinance shall con- tinue shall constitute a separate violation. Section 7. 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, Article 6252-17, Texas Revised Civil Statutes Annotated: 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 fonnal1y acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this the 18th day of April, 1984. CITY OF LA PORTE By Virginia Cline, Mayor D~ . e Ordinance No. l168-A, Page 3. ATTEST: City Secretary APPROVED: 7)3 lei .1 '" e ..'....---- r.. :-..J TMJ. TEXAS MUNICIPAL LEAGUE 1020 Southwest Tower Austin, Texas 78701 (512) 478-6601 April 3, 1984 Mr. Jack Owen, City Manager City of La Porte P . O. Box 1115 La Porte, Texas 77571 Dear Jack: During the next few weeks, Governor Mark White will call a special session of the Texas Legislature to consider proposals to increase state spending on public schools and highways. The special session agenda also will include TML's "Pothole Bill," which was introduced during the 1983 session of the State Legislature, but failed to pass. Under the Pothole Bill, $100 million per year in state funding would be allo- cated to Texas cities for street and bridge repairs. All cities would be eligible for funding. In order for us to pass the Pothole Bill during the upcoming special session, the cities will need to present a united front to the Legislature and demon- strate their collective support for the additional state funding--and taxes-- needed to bring our state-local roads and bridges up to par. In this regard, we request that your city council approve the enclosed resolution and return it "to the League office as soon as possible. Copies of all resolutions received by TML will be forwarded to Governor White, state legislators, members of the state highway commission and the media, to underscore the seriousness with which city officials view the state-local road problem. Secondly, city officials will need to lobby their state senators and representa- tives and obtain their commitments to vote for the funding package described in the resolution. We will be contacting your city in the near future with regard to methods for accomplishing this phase of our campaign. In addition to the form resolution, other attachments include: (1) A list which shows the biennial (2-year) amount each city would receive upon enactment of the Pothole Bill. The state is on a biennial budget cycle; therefore, if the Pothole Bill is approved, the amounts shown would be paid to the cities in two equal installments--half one year and half the next year. (If for some reason your city is not on the list, your biennial allocation can be calculated by multiplying your city's number of paved street miles times $1,660 times 2. (2) A Pothole Bill fact sheet. G"I \e 1 'r e ..----- .. :-J April 3, 1984 Page 2 Passage of the Pothole Bill continues to be TML's highest legislative priority. We will need your active help to enact this critical legislation. Thank you for your assistance. Sincerely, I)I~lC Richard D. Brown Executive Director RDB/ ch Encl. E:L L/- - 5: . G,{' .--. - 0..1 or \e t .A 'r e ---"-... r.=; :.-.J! A RESOLUTION SUPPORTING INCREASED STATE HIGHWAY FUNDING, PASSAGE OF THE POTHOLE BILL AND INCREASED HIGHWAY USER CHARGES WHEREAS, authoritative surveys reveal that: (1) Texas leads the nation in the number of deficient bridges (172,000) and deteriorated state roadways (7,740 miles). (2) The state's 5t per-gallon motor fuel tax is the lowest in the nation, and has not been increased in 27 years. Moreover, in 1965, 27% of the state budget went for transportation, while in 1982 only about 10% of the state budget was spent for transportation-related purposes. (3) Each Texas motorist pays a "bad roads" tax averaging $291 per year for wasted. gasoline, tire wear, car repairs, insurance and medical bills. (4) Additional transportation spending of $51 billion' will be needed over the next 20 years to overcome the current backlog of needs--including $6.2 million for road and bridge rehabilitation, $30.3 billion for reconstruction, $6.7 billion for new roads and $7.7 billion for main- tenance; and WHEREAS, the state's transportation funding problems are reflected at the local level, as follows: (1) The current backlog of city street repair needs exceeds $1 billion. Texas cities are spending an estimated $193 million per year on street repairs--more than ever before. But they are still falling further behind each year, because the street repair backlog is growing at rates that exceed local spending increases. The cities .must have state financial assistance in order to bring their streets and bridges up to standard. (2) Upwards of 20 percent of all municipal streets--more than 13,000 miles-- are currently in need of major repair. (3) The deterioration of city streets and bridges will accelerate in the future. The 10 million motor vehicles already in the state are wearing out local roads and bridges faster than they can be repaired; twenty years from now, the cities will have 16 million vehicles to contend with--more than half again today's volume; and WHEREAS, the Texas Municipal League supports the state funding and tax increases necessary to bring our state-local roads and bridges up to par; NOW, THEREFORE, BE IT RESOLVED by the (Governing Body) of the City of that the Texas Legislature is urged to enact a state-local road and bridge financing package composed of the following: (1) An increase of $1 billion per year in funding for the State Department of Highways and Public Transportation. G"3 Ie t .A ." e .--"'--... r ~ (2) $100 million per year for the City Street Improvement Fund (the '.Pothole Bill") proposed, but not approved, 'during,the 1983 Legislative session. ,(3) Doubling the rate of the state motor fuel tax to lOt/gallon and increas- ing motor vehicle license fees as necessary to generate adequate fund- ing. PASSED AND APPROVED by the this day of (Month) (Governing Body) , 1984. of the Ci ty of APPROVED: Mayor ATTEST: e'f Ie .1 e .......~-... r :.....J . POTHOLE BILL FACT SHEET. . The highway finance legislative package supported by 'lML consists of three parts:. (1) A provision to double the rate of the state motor fuel tax t"rom 5~ to 10~ per gallon, and an increase the amount of the state motor vehicle registration fee; (2) ,Increased state appropriations of $1 billion per year to the State Department of Highways & Public Transportation for improvements to state highways and bridges; and (3) The appropriation of state funds for municipal street and bridge repairs--the "Pothole Bill." Under Part Three of the package, the state legislature would appropriate $200 million per biennium for city street and bridge repairs. Half of that amount would be distributed to the cities in 1984-85; the other half would be allocated in 1985-86. Under the Pothole Bill, each city would have to demonstrate a commitment to helping solve its own repair problems by matching its state allocation 30/70. In other words, for each $700 provided by the state, the city would have to put up $300. The entire amount of the city's. allocation must be spent for street and bridge repair and maintenance. Expenditures for new construction would not be permitted. All cities would be eligible for funding. Each city's share would be based on the number of miles of paved street (concrete or asphalt) maintained by the city. There are' about 60,000 miles of municipal street in the state. There- fore, each mile of paved street would entitle the city to $100m. - 60,.000 = . $1,660 per year. A city with 10 miles of street would receive $16,600/year; one with 50 miles of street would receive $83,000 and so on. There are several legitimate reasons the Legislature should approve the Pothole Bill: (1) More than 60% of all motor vehicle travel in the state takes place on city roads. Also, city residents pay a major share of all motor fuel taxes and vehicle registration fees collected by the state. Currently, none of these revenues are remitted back to the cities to help deal with the street repair problems created by the millions of vehicles which generate the revenues in the first place. (2) Unlike many other types of municipal functions, streets and bridges are a. statewide concern. The quality of the state's transportation system is dependent upon the quality of local roadways. (3) aaising property taxes is not the answer to our municipal street and bridge problems. The local property tax is overloaded, and many Texas cities have experienced Proposition 13-type taxpayer rebellions during the past few years. Remitting $100 million per year back to the cities would provide a direct form of 'tax relief' by'alleviating pressures on the local property tax to fund street repairs. (Over) . E.s- . ~ ... '. . .; ~~ ..~"'---... (4) A survey of Texas cities indicates that the backlog of municipal street repair needs exceeds $1 billion. More than 13,000 miles of city streets are in need' of major improvement. Texas cities are spending more than $190 million per year on street repairs, but it's not enough. Cities are falling further behind every year, because the street repair backlog is snowballing at rates that exceed local spending increases. The cities will never be able to bring their streets. and' bridges up to standard without state assistance. (5) The deterioration of city streets and bridges will continue to acceler- ate in the future. The 10 million mOtor vehicles already in the State are tearing up our local roads and bridges faster than they can be repaired. Twenty years from now, we will have 16 million vehicles to contend with--50% more than we have today. J;' . ,. ~''':~f~~{ .~.~:i:f " . .. .; - ;.:~;~~ ,... - 'C ~.. .~'''' [: ...... e 'J - '. ""~~Lo , I I e o' r- , I f f I "'- ',::' Cray .:;;:,:~~> McLean .:": .'Z-.: Pampa '1:~..;~"', . . '; .; Crayeon . :'::. '.; . , Bella . '.::.:' '.', Denison . .!~:f~~'~ :=~sboro .;:, ':. Sherman .., ' Tom Bean "~'; _., Whitesboro , /,':; Whitewright 'tj-.~. : :)': Gregg . ,::,,~:;i .., Cladewater .' ~'"~ ~'.:' .~~:::w ;i' :' Warren Ci ty ,>~o' White Oak ..;&t:'Crimes .!- ::;01".' Navasota . :~~:.: T:CuadaliJpe " ~:,',_ Cibolo '.' ::.:. ,; Marion' . f.;~:.'~' Schertz '.:,:V'; Seguin $ $ 149,400 272,600 1.083,540 26,560 196,160' 83,200 26,560 99,200 333,000 $76,400 - 5 - . . '." $ 10,000 435,560 23,240 11~600 709,200 28,400, 78,000 76,400 Harris Bay town $1,069,040 Bellaire 224,400 Bunker Hill 83,200 Deer Park' 239,040 El Lago 34,920 Galena Park 226,400 Hedwig Village 33,200 Hils hire Village 13,280 . . Houston' . :: _ 26,560,000 Jacinto City:: . < 89,640 Katy .... . 102,600 L--IoaPorte -', 309,200 ',. Missouri City ....502,800 .:, Nassau Bay, ..., _.': 46,480 ':',., Pasadena' ::.'. " ::;':,.; .932,920 Pearland ~' . 275,560 'Piney Point Village :.. 69,720 Seabrook . " . 99,600 . Shoreacres . . _ 16,600 South Houston ',...ii '1<. '226,400 Southside Place -. '~.". 13,280 Spring Valley -.- ,,:<, .' 34,900 Webster 24,920 . West University Place ". 142,760 - Hill Covington Hillsboro Hubbard Itasca Whitney Hidalgo Alamo Donna Edcouch Edinburg . Hidalgo La Joya McAllen Mercedes Mis81on' . Pharr San Juan Weslaco $ 11,600 248,000 86,320 36,600 53,200 $ 83,600 . 112,880 .: 3,320 : ',289,800 33,200 19,920 ,.:":. 965,800 126,160 "332,000 '268,920 99,600 266,400 6 - " Jefferson Beaumnt Groves Nederland Nome Port Arthur Port Neches Jasper Jasper ICirbyville Jac:kson Edna Ganado $1,842,600 235,720 235~720 23,240 1,035,840 189,240 $189,240 69,700 $138,800 83,000 - '.- ..., f';" '--to:.' ..:~~~ $ 49,600 438,240 Hardin Kountz" Silsbee Sour Lake $ 49,600 149,400 49,800 Henderson Athens Brownsboro Chandler Enchanted Oaks Eustsce Gun Barrel City Murchison Seven Points Star Harbor Tool TriDidad .:. $146,080 '. ','-". 29,880 .; , .~. 73,200 - , 23,240 , 23,240 c . ~ 388,440 ;(t" 16,600 '::,: 106,600 '! 26,560 92,960 '.;~.. ~.60 . Jack Bryson Butchinson Borger . Fritch Stinnett 1,600 $232,400 29,880 26,560 ~ .~. .' Hunt Celeste Commerce Greenville West Tawaltoni Wolfe City $ 19,920 119,520 620,840 46,480 33,200 ., Conzales '.-~' .' . Nimn ". Waelder' $56,380 28,240 Hardeman Quanah Hansford Gruver Spearman - $5~,120 $43,160 92,960 Hemphill Canadian ~,~~,120 Boward . Big Spr~ng Forsan $547,800 79,800 Cillespie _~'. " . ::. Fredericksburg -r.~:;~. '.' '. .;-'. CoUacl :":',:..' CoUacI ::'. ~ $39,840 Bays Buda Bays Kyle San Marcoa 26,560 6,600 .31,400 348,600 Bamilton Hamilton Hico $50,000 49,800 Bouston Crockett $232,400 ~, ~ , , ~. :.'.' , ..... ..jf/;;::..' ::..... .~ '.~ ~. ." .~:,. "':.....t , _ ... ... . !"}tf)',.~);;?,. ':)f f?'~;f:t~. \:.... ;:.'t I' ':":'Calveaton ..;:: -: "... ' Clear Lake Shorei:', :' _ Friendawood' " .,'. "CalVestob . :-:~:,. Bi tchcoc:k _' ~~ :;. - Jamaica Beac:~ ..'; . .' '.: '.. ., La Marque .~ - :' "'- Sante Pe . ", Teus City $231,400 $, 16,600 . 232,400 666,000 102,920 36,500 215,800 298,800 1,334,640 Hall Memphis Turkey $86,600 10,000 Baskell Haskell Rule Stamford $ $33,400 13,280 79,680 Hopkins Sulphur Springs $265,600 Bale Abernathy Hde Center Petersburg Plainview $86,000 39,840 49,860 385,120 Barrison Hallsville Marshall Waskom .. $69,720 496,000 53,120 . Bood CranburY Boc:kley Anton Sundown Level18nd Biennial Allocation ...:""",'.10-.. ... ~ :.;.. ,..~ '~ ~~'" '1: .. - .' Biennial Allocation ., :'. ....! . ':'; , .. .", "~.:-" "'. ~~W~>i? ; Biennial AllC!.cation . :,;:~;;~~t:~/(?r' . :. :..\:;;'.' '~""i.1.1\k~;. , ,4.....1!J ~ ,;. "',,,,,>;. ~ .' ..;...~-..:wlO ~~}!j.1 ., ~.,...'.i~"'~~~~ .' :, ,'I:> ....;1"!..i'!,~{.~ . ......,.....r~{_~ ~ '\1'. ............,;. . ' ",,,,.-...~ . . :~'('~t Bi ial .r':.;~ \ enn '........., Allocation ".~\.~:~'...J . ~__. 0.:-->: </.:"j\'. $ SO,OOO .. :,'7 . 33,200 . '" 304,200 $86,320 "I ~ :~ l : ._ ,0 ,,~~ Vl. 4...'..w-\ rjJf" ~}~~ ~ ,,\ ~~ 4. \ ~_,~'~+fi. "g4- 6,. 4...1 ~ t..f...tg..~+ 7. ..B -- . ,f}? 1 .'.. .'" /' " 11 r ./ '-- .r .:"- .. .. J-t-', AGENDA SPECIAL CALLED MEETING AND WORKSHOP MEETING OF THE LA PORTE CITY COUNCIL TO BE HELD APRIL 11, 1984, IN THE COUNCIL CHAMBERS OF THE CITY HALL, 604 WEST FAIRMONT PARKWAY,'LA PORTE, TEXAS, BEGINNING AT 6:00 P.M. SPECIAL CALLED MEETING 1. CALL TO ORDER 2. CANVASS ELECTION RETURNS 3. OATH OF OFFICE 4 . ADJOURNMENT WORKSHOP MEETING 1. CALL TO. ORDER PRESENTATION .BY REPRESENTATIVES OF .LA PORTE AREA EMERGENCY AMBULANCE CORPS CONCERNING NEW AMBULANCE UNITS .4 ~ D.."JoJ e-. . ~~~ ADVERTISING FOR BIDS TO CONCRETE PARKING AREAS BEHIND FIRE ADMINISTRATION BUILDING AND POLICE ADMINIS-.. . ~ TRATION BUILDING oJ- Q...<..o/L:fJ-~~ ,;t::.L d....J-. ""f:-1...~ itf.'. l:i / 11 ,.nO. ..;.-. 1- e ~IF' dYll(f" &';, ~.~ ;~""i" - "~,t J LA It ',(. ,> e-lL-t~~ DISCUSS UPDATING.ORDINANCE ESTABLISHING WATER AND EWER DEPOSITS ,DISCUSS UPDATING WRECKER ORDINANCE DISCUSS AMENDING ORDINANCE NO. 1168, REGULATING DRILLING \~ OF ~ATER WELLS WITHIN THE CITY.' ~ ~J~ ~~ RESOLUTION SUPPORTING TEXAS MUNICIPAL LEAGUE'S \Y ~V "POT'HOLE BI.LL" ~ ~-ct::lAnu JAv :;to ~ \\\' 8. 9. EXECU~ SESSION - V.A.T.S. ~ ARTICLE 6252-17, SECTION (F), ~~ (LEGAL, LAND ACQUISITION AND PERSONNEL) ~~:~::r (,2~L 9:/0 ADJOURNMENT 2 (E) , ~UO' 1J7~ J"J' jJ" , ,,, .:;," s ,';i. :;f ~ '~ 1I ;,!q, S 11 !:T'~"-1 .. '"" ;(H ;'.: ~ < .... ~ .1.: iJ .i:.:-~ Ui..J J~..-i "';'!l" r., ,., ""3 i. 7 ~...: j ~,., n ,.. .. ." _ '. . . . .' . !7~~~ , :.:'.,.:::.. .ji;~" >..-1 iJ ..Ji i.i:/ ~ ul .( '. 'J ~ ...u",!..:.., ., . .. TO: FROM: City Manager .1. .. ......--...-- J.L; Sease REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested: April 11, 1984 e r.. --.! Date: March 27, 1984 2. x Report Resolution Ord.inance 3. Proj~ct Summary: Concreting the parking area behind the new Fire Administration Building. . (SEE ATTACHED MEMO). 4. Action Required: City Council agree to and authorize bidding to have area concreted. 5. Alternative:. Not bid and explore for other ways to hard surface area. 6. Recommendation: Advertise for bids to concrete area. 7. Exhibits: Memo attached expla~ning problem. a.Availability of Funds: Account Number: Genera 1 Fund Capital Impro~mt. Other Water/Wastewater General Revenue Sharing To be discussed at time of presentation to council. Funds Available: ____yes ~No " 9.Approved for City Council Agenda Q-~'tX T. ~~~ City Nan ager P,equested Bv A,l :? 7:~----<' /J.L. Sease 31a. &' , Jqg~ Date ." e ~ ... e .. ......-..-.. r.:=;;; :.....::! tJ CITY OF LA PORTE INTER-OFFICE MEMORANDUM DATE: ~furch 27, 1984 TO: Jack Owen FROM: J.L. Sease SUBJECT: PARKING AREA IN REAR OF NEW FIRE ADMINISTRATION BUILDING When construction originally was planned, the existing slabs were to be left in place. However, the contractor selected, removed the slabs which gave us a better building. Doing this removed concrete which should have been in the parking area. Also, the sewer line to the old section was not where originally thought. This required removing more of the old asphalt topping. A total of approximately one third of the parking area is now untopped soil. After careful consideration we feel that the best choice is to concrete the entire area. The estimated cost would be twelve to fifteen thousand dollars. If the City cannot find excess funds to cover this, the Fire Department has funds budgeted for some items that could be put off until the next budget. If it is thought that this is an excessive amount to spend, the next alternative would be to purchase the materials for approximately eight thousand dollars ($8,000) and the Fire Department will pour the slabs in sections. The building contractor presented a cost of fourteen thousand dollars ($14,000), but I feel this ~an be lowered by bidding the jop. ;( ~ft-.e-~- J.L. Sease A~ (" (" ( ( ( ( ( ( ( ,- "- ( ( ( ( ( <. <. l. c. '- '- 'e . ... . e .. ---..- r.:=:;; ~ ( ( MEMORANDUM CITY OF LA PORTE ( ( TO: <: Mayor Cline and Councilmembers FROM: Jack Owen ( SUBJECT: Paving Parking Lot at the Police Department ( DATE: April 6, 1984 A parking lot was budgeted in the Capital Improvement Fund to relieve the parking problems at the Police Station. The amount budgeted for the project is $53,250.00. Should the Council approve the request of the Fire Department for concrete paving at the new Fire Department Administration Building, I would suggest that both projects be bid at the same time in the hopes of getting a better price. John Joerns has almost completed the plans for the Police Department parking lot. ( ( ( Should you have questions concerning this information, please do not sitate to contact me. ( <. ( JO/llh { t: l l t. l. A3 t:" l. l. e , ... e '" -- ....... .....:. . TO: Jack OWen City Manager FROM: Robert T. Herrera Date: 3/20/84 REQUEST FOR CITY COUNCIL AGENDA ITEM 1. Agenda Date Requested:J.pr; (. /1, ,q.l81f . t.\.)Orksh ~ 2. ~ Report Resolution Ordinance 3. Proj~ct Summary: Ordinance No. 1382 is in need of an amandment. This ordinance establishes the \v'ater and Sewer rates and fees for the City. Staff feels that sec. 26-14 of the ordinance regulating the Deposit Schedule needs to be expanded to address'deposit return on single family residence. 4. Action Required: Allow staff to'make presentation on what areas it feels should be considered for an a.nendment. 5. Alternative: Lb not allow staff to make a reco:rrmendation and keep existing ordinance no.1382 as is. 6. Recommendation: Staff would like to reco:rrmend that ordinance no. 1382 be aroonded whereby its deposit schedule is expanded upon to allow the deposit to be r~fllllded to a horreown.er on a tircel y basis. 7. Exhibi ts : a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: 6.\ DaLe ~ II . . ... . e ""'--..-. ~. TO: Jack <Men City Manager FROM: Robert T. Herrera Date: March 20, 1984 REQUEST FOR CITY COUNCIL AGENDA ITEM 2. x Report Resolution Ord'inance 1. Agenda Date Requested: r~ch 28, 1984 . Workshop 3. Proj~ct Summary: The City of La Porte's wrecker ordinance is in need of updating. 4. Action Required: Hear staff recariinenda.tion on the areas in which the City's current wrecker ordinance needs improvement. 5. Alternative:. Lb not hear staff recarrmendation and leave existing wrecker ordinance as is. 6. Recommendation: Staff recomnends the City's current wrecker ordinance be. updated. 7. Exhibits: Revised ordinance is being fo:rwarded by the City Attorney's office. a.Availability of Funds: General Fund Capital Improvmt. Other Water/Wastewater General Revenue Sharing Account Number: . Funds Avai 1 ab le: ____yes No Robert T. Herrera G?7; #-, ---- <;PP1~enda ~ Clfy r-!anager . P,equested By ,. I , I CoI Date e e ORDINANCE NO. ORDINANCE AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, "AUTO WRECKER AND TOWING VEHICLE": REGULATING AUTO WRECKERS AND TOWING VEHICLES: 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 HUNDRED DOLLARS: PROVIDING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE ~TE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OT THE CITY OF LA PORTE: Section 1. The Code of Ordinances, City of La Porte, is hereby amended by repealing Chapter 6, Section 6-1 through Section 6-26, both inclusive, thereof, and substituting therefore the following, to-wit: e.~ " 'e e . Ordinance , Page 2 Sec. 6-1. Definitions (a) Towing Vehicle. The term "towing vehicle," as used in this chapter, shall mean any automobile, truck, or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transport- ing any motor vehicle Which has collided with another motor vehicle or other object, or which has been wrecked or disabled in any manner, from one place to another for any purpose, including but not limited to the purpose of wrecking, storing, or repairing the vehicle, and does not appear at the scene of an accident. Where a vehicle has been disabled upon a public street or public place for the purpose or expectation of towing one. of the vehicles from the scene The term "towing vehicle" shall not be construed to include a service car or other vehicle not equipped wi th mechanical devices for transporting wrecked vehicles and not used for such purposes, such as service cars, equipped wi th compressed air containers and tools for repairing punctured tires or otherwise equipped with tools for performing minor repairs not involving towage or transportation of wrecked or disabled vehicles. (b) Auto Wrecker. The term "auto wrecker", as used in this chapter, shall mean a towing vehicle which m~y lawfully appear at the scene of an accident where a vehicle has collided with another vehicle or other object or Which has been wrecked or disabled in any manner for the purpose or expectation of towing, removing or hauling away the wrecked vehicle or vehicles' from the scene of the accident without having been expressly summoned there by the police department or the owner of one of the vehicles involved in the accident. (c) Person. The term person sha~l include both singular and plural and shall mean and include any individual, firm, corporation, association or partnership. (d) Wrecker Driver. The term "Wrecker Driver" as used in this c..3 e e , Page 3 Ordinance chapter, means any individual who actually operates and drives an "Towing Vehicle" or "Auto Wrecker" on the streets of the City of La Porte, either on his own account or in the employ of another. (e) Owner. The term Owner, as used in this chapter, shall be construed to mean any person engaged in the business of towing motor vehicles for hire or engaged in the business of storing, wreck- ing or repairing motor vehicles for hire and who owns or is entitled to use any "Auto Wrecker", or "Towing Vehicle", and who uses same in the conduct of his business or any part thereof. (f) Committee. The term "Committee", as used in this chapter, shall mean the City Council Wrecker Committee. The City Council Wrecker Committee shall be composed of the' following persons: 1. The Chief of Police, City of La Porte, or his duly designated representatives; 2. A Member of the City Council of the City of La Porte; 3. A duly appointed representative of the La Porte Wrecker Association; 4. City Manager of the City of La Porte or his duly designated representative; 5. A business or professional person, a citizen residing within the City limits of the City of La Porte, not an elected or appointed official or an employee of the City of La Porte, or a representative of the La Porte Wrecker Association. Sec. 6-2. Permits Required. "fa) Towing Vehicle. It shall be unlawful for any person to drive or operate or cause to be driven or operated any towing vehicle as heretofore defined upon any public street in the city for the purpose of towing or hauling wrecked or disabled vehicles, either for hire, or as an incident to obtaining the business of storing, wreCking or repairing' such wrecked or disabled 'vehicles without having first obtained a towing vehicle penni t, from the City . of La Porte, duly issued to such person to operate the vehicle on the streets of the c...Ll- I I e e Ordinance , Page 4 city under the terms and provisions of this chapter. (b) Auto Wrecker. It shall be unlawful for any person to drive or operate or cause to be driven or operated any auto wrecker, as that term has been heretofore defined, upon any public street in the city for the purpose of towing or hauling wrecked or diabled vehicles, either for hire or as an incident to obtaining the business of storing, wrecking or repairing such wrecked or disabled vehicles, without having first obtained an auto wrecker permit, from the City of La Porte, duly. issued to such person to operate an emergency auto wrecker on the streets of the city. The holder of an auto wrecker permit shall not be required to obtain a towing vehicle permit in addition thereto. (c) In any prosecution for a violation of this subsection, proof than an owner's wrecking vehicle was present at the scene of a collision or accident in which a vehicle was wrecked or disabled shall constitute pr~a facie evidence.that such owner was operating or caus- ing to be operated his wrecking vehicle as an unlicensed towing vehi- cle or auto wrecker as the case may be. Sec. 6-3. Insurance required. (a) Before any penni t shall be issued to any owner of an auto wrecker or emergency auto wrecker, or before any renewal of said pennit shall be granted, ~he owner shall be required to file an in- surance policy and or certificate of insurance policy and or certifi- cate of insurance with the City Secretary, evidencing insurance cover- age complying with the requirements contained in paragraph (b) below. (b) Insurance coverage in paragraph (a) above means an insurance policy or policies and/or a certificate, or certificates of insurance covering all licensed towing vehicles or auto wreckers of the insured, issued by a company or companies qualified to do business in the State of Texas and performable in Harris County, Texas. All insurance policies or certificates of insurance, including garage liability c:....S" I! ilt - Ordinance , Page 5 policies must show the year, make and model, state license number and mOtor number of all towing vehicles or auto wreckers, which have been authorized to operate by the City of La Porte. Further, all insurance policies or certificates of insurance must include an endorsement listing the City of La Porte as an additional named insured party. All such insurance policies and/or certificates of insurance must contain a provision, or an endorsement, requiring that the City Secretary shall be given at lease ten (10) days I written notice prior to the date of cancellation before such policy may be cancelled by the insurer, for any cause. All such policies shall provide the minimum coverage to show "proof of financial responsibility" as that term is defined in the Texas lw1otor Vehicle Safety Responsibility Act, as now in force or hereafter amended. However, in no event shall insurance coverage on either type of wrecker be less than the I 0 0 I 3D oj S; 0 amount of FIFTEEN THOUSAND DOLLARS ($15,000) for bo iLY injury to or death of one person in anyone accident and, subject to said limita- tion for one person, in the amount of THIRTY THOUSAND DOLLARS ($30,000) for bodily injury to or death of two (2) or more persons in anyone accident, and in the amount of FIFTEEN THOUSAND DOLLARS ($15,000) for injury to or destruction of property of others in anyone accident. The city shall immediately suspend, cancel or revoke any towing -vehicle or auto wrecker permit heretofore issued without further notice to the owner, if satisfactory insurance as herein required is not in full force and effect at all times, with satisfactory evidence that said insurance is in full force and in effect, being on file with the City Secretary of the City of La Porte. Sec. 6-4. Application for Towing Vehicle Permits. Any owner desiring to operate a towing vehicle or vehicles in the city shal.1 apply in writing for a permit, to the City Secretary, and shall state the following in his application: (l) The name and address of the owner. If an individual, CLI:, .It e , Page 6 Ordinance the application shall so state. If a partnership, the partnership name and address shall be given together with names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. (2) The number of towing vehicles the owner desires to operate, listing the make, model, motor number and correct state license number of each towing vehicle. (3) The true ownership of each towing vehicle. I f not owned outright by the owner, as defined in this chapter, the name and address of the true owner shall be given. If the towing vehicle is operated under the terms of a contract wi th some company other than the owner, a copy of the contract shall also be attached. (4) A statement that the owner will obey the provisions of this chapter, the rules and regulations promulgated by the Chief of Police of the City of La Porte, and all other ordinances and statutes applicable to motor vehicles and agrees that upon his failure to so obey such laws that his permi t may be revoked or suspended without notice to the owner. (5) The application shall be signed by the owner. If a partnership, it shall be signed by a member of the firm. If a corporation, it shall be signed by the president and attested by the secretary and the corporate seal affixed. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such affidavit are true and correct. Such application shall be accompanied by an annual towing vehicle permit fee of ($ 3 $;,00 ) a year for each towing vehicle C!7 I, II - Ordin'ance , Page 7 the owner desires to operate. All permits shall expire on the 31st day of December each year and shall then be renewed upon submission of a properly executed application and the annual auto wrecker permit fee until the next succeeding 31st day of December. If a permit is granted subsequent to the 1st day of January in any permit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered as an entire month in calculating the fee to be charged. Sec. 6-5. Issuance of Towing Vehicle Permits. After the owner has filed his towing vehicle application, permit fee, and insurance policy, and ~he City Secretary has examined same and found them to be in compliance with the terms of this chapter, he shall issue to the owner a permit for each towing vehicle licensed, which permit shall bear upon its face a notice that the same expires on the succeeding December 31st. Each permit shall be dated and numbered and shall show on its face the make, model, motor number and state license number of the towing vehicle licensed. The Committee is empowered to prescribe regulations for the displaying of signs on towing vehicles showing that the same have been licensed as herein provided. Sec. 6-6. Additional and Replacement Towing Vehicle Permits. (a) When an owner has obtained an towing vehicle permit and thereafter desires to increase the number of towing vehicles to be operated, he shall file a supplemental application setting forth his permit number and the fact that he desires to operate additional tow- ing vehicles, giving the make, model, motor number and state license number of each additional towing vehicle. He shall also file the proper permit fee to cover the additional number of towing vehicle permi ts. cS' at -- Ordinance , Page 8 (b) He shall also file with the City Secretary a new insurance policy or a proper endorsement on the existing policy, covering the additional towing vehicles. (c) The City Secretary shall examine such supplemental towing vehicle application, fee and policy, and if the same are in order, shall issue towing vehicle permits covering each additional towing vehicle. (d) Whenever an owner wishes to discontinue the use of an towing vehicle during the period covered by his permit and replace it wi th another, he shall file an affidavit stating that he has discontinued using the towing vehicle covered by his permit, and desires to use another towing vehicle in i.ts place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and has agreed to make the appropriate transfer of coverage. The City Secretary shall, upon the payment of a DOLLARS ($ :A').(JO ) transfer fee, issue the owner a new permit covering the replacement towing vehicle as provided in 6-5, and cause the old towing vehicle permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new towing vehicle shall be described by make, model, motor number and state license number. Sec. 6-7. Application for auto wrecker permits. Any owner desiring to operate an emergency auto wrecker or wreckers in the city shall make application to the City Secretary for an auto wrecker permit or permits. Such application shall be sub- mi tted upon form to be furnished by the City Secretary and the applicant shall furnish the following proof and information with his application. (a) The name and address of the owner shall be stated, and if the auto wrecker is to be operated under the name of some e't I, . . . . , Page 9 Ordinance company other than the name of the owner, then the name of the company shall be stated. Accompanying the application shall be a signed copy of the agreement and contract between the owner and the company in whose name the auto wrecker is to operate. The auto wrecker pennit shall be issued in the joint names and no transfer from one company to another company by the owner shall be pennitted. If any individual, the application shall so state. If a partn~rship, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this chapter shall apply to and be required of each partner or each principal officer and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All 'changes of such officers or partners shall be reported to the City Secretary wi thin ten (10) days after the change and such new officers or partners shall individually file applications certifying to their individual qualifications within such time, and the failure to certify within such time or to possess such qualifications required of such persons under this chapter shall be cause for the suspension of all pennits held by such corporation or partnership. (b) The application shall list the make, model, motor numbel; and correct state license number of the vehicle to be licensed by the applicant as an auto wrecker. (c) Any person making application for an auto wrecker pennit shall deposit, with the City Secretary, upon making application CIO e . . . . , Page 10 Ordinance a sum of money in the amount of DOLLARS ($ , DO ,DO ) .' Said sum shall be used to pay for the advertising of such application in the newspaper for two (2) consecutive weeks. Within fifteen (15) days after receiving such sum and qualifying data, the city shall cause to be published in the newspaper for two (2) consecu- tive weeks a notice to all holders of auto wrecker permits and all other interested persons. Such notice shall advert- ise the time and place of public hearing, which said hearing shall be held not less than twenty (20) days from the date of the first publication. Such notice shall give the name of the applicant, the name of the' business under which the applicant proposes to operate and any other pertinent data that the City Secretary may deem necessary. If such deposit is in excess of the cost of advertising, the City Secretary shall cause such excess to be returned to the applicant and likewise if the amount is insufficient to pay the cost of the advertising, the City Secretary shall then require the applicant to pay for the deficiency. Hearings and investigation for the purpose of determining whether or .not the application for an auto wrecker permit will be granted, based upon the number of permits outstanding and whether or not the granting of the application will the public convenience and necessity shall be heard before the committee at the time and place designated. (d) The committee shall have in attendance at such hearing a representative from the city legal department, and any other. persons that it may deem necessary to conduct said hearing. At the time of the hearings and investigation with reference to whether or not public convenience and necessity exists for the issuance of such permits the ell e e Ordinance , Page 11 committee shall consider all the evidence of the applicant and his witnesses. It shall further hear all the evidence of any protestants and their witnesses and shall have the right to call such other witnesses as the councilmen may deem necessary. (e) In determining whether a greater number of permits would create a public inconvenience, the committee shall take into consideration the following: (1) The financial responsibility of the applicant: (2) The number of vehicles to be operated: (3) Make, model and type of vehicle or vehicles to be used: (4) The effect of additional vehicles upon traffic congestion, vehicular and pedestrian alike: (5) Whether or not all insurance required by this Chapter has procured or will be procured: (6) That the applicant has a properly fenced storage facility for wrecked vehicles, the size of his business location and lot, and that the lot is located within the City Limits of the City of La Porte: (7) Determine that all city ad valorem taxes and other taxes of the applicant have been paid: (8) Whether the vehicle shall be operated by the owner, or by his employee with bona fide employer/employee relationship: (9) . Whether the applicant proposes to own, rent or lease the vehicle to be' used: (10) The number of auto wreckers then in existence and e/~ e e . . Ordinance , Page 12 licensed: (11) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional certificates of public conven- ience and necessity for auto wreckers: (12) Any and all other facts the committee may deem rele- vant. Sec. 6-8. Issuance of Certificates of Convenience and Necessity for Auto Wrecker permits. If the committee finds after the hearing and investigation that public convenience and necessity exists for the operation of said auto wreckers that have been applied for, the committee shall then instruct the City Secretary to notify the applicant in writing wi thin teen (10) days from the last date of the hearing that such vehicle or vehicles are authorized to operate under the provisions of this chapter so long as they are in compliance with all of the provisions hereof and all federal, state, county and city laws and ordinances. The committee shall also instruct the City Secretary to publish an official notice of its findings in the newspaper within such time. Sec. 6-9. Denial of Certificate of Convenience and Necessity for Auto Wrecker permits. If the committee finds from its hearings and investigation that convenience and necessity does not exist for the operation of the vehicle or vehicles applied for, it shall instruct the City Secretary to so notify the applicant in wri ting within ten (10) days from the '. last date of the hearing. An applicant who has been denied a permit or permits by the committee, and whose appeal to the City Council as hereinafter provided, is denied, or the decision not having been appealed to the committee, shall not be permitted to make another application for six (6) months from the date of his filing of the C!... / 3 e . Ordinance , Page 13 application for the auto wrecker permit. Sec. 6-10. Appeal from the Findings of the City Council Wrecker Conunittee. After the committee has made its findings and declares same, the applicant, or any person opposing the said application who entered an appearance at the hearing before the committee, shall have the right to file an appeal within ten (10) days from the receipt of the City Secretary's written notice, or from the date of the published notice, as applicable. The appeal shall be in the form of a letter'addressed to the City Secretary stating that an appeal from the decision of the committee is desired. The City Secretary shall notify the City Council of such appeal, and the Council, as soon as practicable, after receiv- ing said notice of appeal together with the 'findings of the committee, shall grant or deny, in open session, such application for a hearing. If a hearing is granted, the City Council shall sustain, modify or reverse the findings made by the committee and shall so notify the Ci ty Secretary of its findings. The findings of the City Council shall be final. If no appeal is made to the City Council from the committee's decision within ten (10) days, as indicated above, then such decision shall become final. Sec. 6-11. Fee for auto wrecker permits. The pe:pni t fee to operate an "auto wrecker" or "auto wreckers" shall be DOLLARS ($35.00 ) per year for each "auto wrecker" which the owner is licensed to operate. All permits shall expire on the 31st day of December of each year and shall then be renewed until the next succeeding thirty-first day of December. If a permit is granted subsequent to the first day of January in any pennit year, the fee shall be paid pro rata for the balance of the year, and any portion of a month shall be considered an entire month in calculating the fee to be charged. Sec. 6-12. Issuance of Auto Wrecker Permits. (1,,/0/ " e e . . Ordinance , Page 14 After the owner has filed his application for an auto wrecker permi t, a hearing held and public convenience and necessity found to exist, and the applicant has filed the required insurance, and the City Secretary and City Attorney have examined same and found them to be in compliance with the terms of this chapter, the City Secretary shall issue to the owner a permit to operate an auto wrecker in the city upon the public streets, which permit shall bear upon its face the make, model, motor number, permit number and the lice~se number of the auto wrecker. Said Permi ts shall be issued by the Ci ty Secret- ary upon authorization of the Committee to be attached to the auto wreCker, said permits to be attached to the front windshield of the auto wrecker, placed immediately above the inspection sticker that has been issued by the State of Texas for said auto wreCker. These permits are and shall always remain the property of' the City of La Porte. In the event of suspension or revocation of a permit or permits, for any cause, it shall be unlawful for the owner of said permi ts to retain such permit, and he shall cause said permit to be destroyed or surrendered to the City Secretary of the City of La Porte immediately upon notification or such suspension or revocation, as is feasible. Sec. 6-13 Revocation or Suspension of Auto Wrecker or Permits or Towing Vehicle Permits. (a) Upon a complaint being filed by any person with the City Secreta,ry of a violation of any of the terms or provisions of this chapter or the violation of any of the laws of the state, federal government or city, or upon motion of any member of the committee, the committee may, after ten (10) days' written notice to the permit holder stating the grounds of said complaint, conduct a hearing to hear evi~ence. wi th reference to such <?omplaint or notion. Should such hearing reveal a violation of any of the terms of this chapter or the laws of this state or federal government or other ordinances ~/S- .. e e ....... , Page 15 Ordinance of the city, the committee may suspend, cancel or revoke the permit or permits of such permit holder, as the offense may direct. (b) After the committee has held its hearing and investigation upon the complaint or motion for the suspension, cancellation or revocation of a permit of any owner of an towing vehicle or auto wrecker, it shall make its findings and direct the City Secretary to declare the same in writing to the owner or operator of such towing vehicle or auto wrecker within ten (10) days after said hear- ing. The owner of such towing vehicle or auto wrecker shall have the right to appeal to the City Council within ten (10) days from the receipt of the written decision of the committee only in the event of a revocation of the permit of the qwner by the committee. Such appeal shall be in the form of a letter addressed and delivered to the City Secretary, stating than an appeal is desired from the revocation of the committee. The City Secretary shall notify the Ci ty Council of such appeal, and the council, as soon as practic- . able thereafter, shall notify the appellant as to whether or not such an appeal will be heard. If the City Council grants such an appeal, it shall either sustain or reverse the revocation of the committee. If no appeal is taken from the committee's action within ten (10) days, as set out above, then the decision of the committee shall be final. Sec. 6-14. Transfer of Auto Wrecker Permits. Whenever an owner wishes to discontinue the use of an auto wrecker during the period covered by his permit and replace it with another, he shall file an affidavit stating that he has discontinued using the auto wrecker covered by his permi t, and desires to use another auto wrecker in its place. He shall also attach a certificate from his insurer that such insurer has been notified thereof and agrees thereto. The City Secretary shall, upon the payment of a DOLLARS ($ f).~ . 00 transfer fee, issue the owner a new permi t covering .the new auto wrecker, as provided in C/6 e e . . Ordinance , Page 16 section 6-12 hereof, and cause the old auto wrecker permit to be cancelled and voided. In the affidavit, as well as the certificate from the insurer, the old and new auto wrecker shall be described by make, model, motor number and state license number. Sec. 6-15. Permits are Personal to Owners Thereof. (a) A permit issued hereunder for an towing vehicle or an auto wrecker shall be a personal permit to the owner and shall not entitle any other person or corporation to operate such towing vehicle or auto wrecker. The permi ts issued pursuant to this ch~pter are transferable as between owners only upon the express approval of the commi ttee, and shall be subject to a ($ j t{.VO ) transfer fee, if apporoved. DOLIARS A denial of the right to transfer a permit may be appealed to the City Council, in compliance wi th the terms of section 6-10 hereof. Upon cancellation of any permi t no portion of the permit fee shall be refunded to the ONner thereof. Sec. 6-16. Ad Valorem Taxes. (a) It shall be unlawful for any person, corporation or partner- ship to use the streets of the City for the operation of an towing vehicle or auto wrecker unless all city ad valorem and other city taxes on all properties used and useful in the furnishing of towing vehicle and auto wrecker service shall have been first paid. (b) The owner or operator of any. property used and useful in the furnishing of towing vehicle or auto wreckers shall, on or before the 31st day of January of each year, furnish the City Secretary with satisfactory evidence .that all ad valorem and other taxes due the city have been duly paid. If an investigation by the City Secretary discloses that such taxes were not in ~act paid, the owner's permit shall be automatically suspended, and if such taxes are" not 'paid in full within sixty (60) days thereafter, the committtee may cause such permit to be indefinitely suspended, c... /7 e e '. Ordinance , Page 17 cancelled or revoked. Sec. 6-17. Regulations On Operations. (a) The committee is hereby authorized to promulgate any and all rules and regulations relating to the operation of towing vehicle and auto wreckers, insofar as such rules and regulations are not inconsistent with any of the provi sions of this chapter, deemed necessary to protect public safety and welfa.re. Specifically, but without limitation, the committee is here~ authorized to promulgate any rules relating to restrictions on the number of auto wreckers which may operate on the streets of the City of La Porte at anyone time. The committee shall cause the City Secretary to serve copies of such rules on ONners at their registered addresses by certified mail. Such notices shall fully set out any rules promulgated, and the effective dates thereof. Any pennit holders shall have the right, in accordance with the provisions of section 6-10, to appeal to the City Council with regard to any rules and restrictions promulgated by the committee felt by such permit holder to be unduly onerous. Sec. 6-18. Procedure by Auto Wrecker Operators at Scene of Disabled Vehicle. (a) Whenever an auto wreCker arrives at the place where a motor vehicle has been disabled by an accident, the auto wrecker driver -shall legally park his vehicle as close to the street curb as possible and otherwise dispose of it in such a manner as not to in~erfere with traffic.. He shall not park his vehicle wi thin a distance of fifty (50) feet from a wrecked or disabled vehicle. (b) It shall be unlawful for any wrecker owner, driver or agent to solicit the business of towing, removing or repairing any wrecked or disabled vehicle at the place where an accident has occurr- ed, by words, c.ards, circulars or gestures. (c) All auto wrecker drivers arriving at the place where any accident has occurred shall qbey all orders given them by any police C/~ .e .,e ., '. .. Ordinance , Page 18 officer of the city investigating such accident and shall not in any manner interfere with such police officer in the performance of his duty. (d) No auto wrecker or auto wrecker driver shall ranove any wrecked or disabled vehicle from the place where an accident has occurred, or attach his wrecker to the wrecked or disabled vehicle, until: (1) the police officers have completed their investigation: and (2) the driver of the said vehicle, or the police officer where the driver is unable, has given permission. (e) The fact that no police officer of the city is present at the scene of the accident when an auto wrecker or a towing vehicle . that has been summoned to the scene by the vehicle owner arrives shall not constitute an exception to this section and it shall be the duty of any wrecker ON'ner to cause the police department of the city to be notified of the occurrence of the accident and to await the arrival of the police officers of the City and the completion of their investigation. (f) All wrecker drivers shall, at all times, obey all traffic laws of the State of Texas and the City of La Porte. Sec. 6-19. Wrecker Rotation List (a) All auto wreckers desiring to be called for wrecker service by the City Police Department shall request in writing to be placed on a qualified auto wrecker rotation list to be maintained by the Police Department. (b) The qualified auto wrecker rotation list shall be used for all vehicles on which a pull is requested by the La Porte Police Department. (c) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident (!, 19 e e Ordinance , Page 19 .. .' upon a public street is unable. to proceed safely under its own power, or When the owner thereof is physically unable to drive such vehicle, the officer shall request the owner to designate the wrecker company the owner desires to remove that vehicle. When the owner has design- ated the wrecker company desired, the police officer shall communicate the fact immediately to Police Department Headquarters, and it shall be the duty of the dispatcher receiving such information at liead- quarters to call the designated company provided the company has previously obtained a valid auto wrecker permit to operate in the city. In the event the company does not have a valid auto wrecker permi t the owner shall be so informed and given an opportunity to designate another company. (d) In the event the owner of a vehicle involved in an accident or collision is physically unable to designate the wrecker company desired, or refuses to designate one, the investigating officer shall commllllicate that fact immediately to Police Department Head- quarters. The Police Department shall maintain a wrecker rotation list ~'v~~hiCh shall contain the names and addresses of each wrecker service company that complies with the provisions of this ordinance in order that said company might be called upon for wrecker service by the Police Department. The police officer receiv- ing a call at the Police Headquarters for wrecker service shall call the first wrecker company on the list to tow the disabled vehicle or move the same from the public streets of the city. After the company at the top of the list receives .a call then the company's name shall be placed at the bottom of the list and the next company shall be moved to the top of the list and it shall receive calls. This process shall be repeated until each company providing wrecker service under the prov~ sions. of this ordinance has received calls. The Police Department shall notify each wrecker company in sufficient time prior to its rendering said wrecker service in order that the company c. ,)-0 I. It e Ordinance , Page 20 might adequately provide the necessary men and equipment to answer said calls. (e) In the event a wrecker service company is requested by the Police Department to make a call and the company agrees to make said call then the cOmpany shall proceed immediately to the scene where it is directed and shall be given a reasonable length of time in which to reach said location. If the wrecker service company answer- ing said call has not reached said location within a reasonaq~e length of time then the officer at the scene may proceed to call the next wrecker service company on the list and that company shall have priority over that particular call. In the event that the wrecker service company called fails to comply with the provisions of the. ordinance by proceeding to the designated place within the time specified above then this wrecker service company shall be removed from the top of the list and placed at the bottom of the list. Sec. 6-20. Specifications and Required Equipment. (a) Minimum Size. Each auto wrecker and emergency auto wrecker shall not be less than one (I) ton in size and snaIl be equipped with booster brakes. (b) Standards of Winch. Each auto wrecker and emergency auto wrecker shall be equipped with a power take-off .operated winch, winch line and boom, with a factory rated lifting capacity (or city tested c~pacity) of not less than five thousand (5,000) pounds, single line capacity. The winch line shall be three-eights (3/8) inch in diameter. (c) Flashing Light. Each auto wrecker and wrecker shall have a flashing light of at least in diamet~r on the top of the cab, State law, visible from both the (d) Wheels and Tires. Each auto wrecker and as . prescribed front and rear emergency auto four ( 4 ) inches or permitted by of the truck. emergency auto t!-~I e e Ordinance , Page 21 wrecker shall have dual wheels on the rear with heavy duty tires thereon. (e) Each emergency auto wrecker, and all auto wreckers that are to be eligible to be summoned to an accident scene when requested by a driver, shall be provided with the following: (I) Fire extinguishers: said fire extinguishers being defined as that piece of equipment commonly carried to extinguish fires caused as a result of an auto accident or collision. Said fire extinguisher to be a standard type, . chemical fire extinguisher designed to combat motor vehicle fires. (2) Parking flares: said parking flares being defined as that piece of equipment commonly used in motor transportation as a signal flare or light to warn of an obstruction on the highway. 22 (3) Two bars: said tow bars being that piece of equipment sometimes known as the A-frame, which is a part of the auto wrecker and is used to hold a vehilcle which has been elevated for towing, rigid and to prevent swinging of said raised vehicle as it is being towed. When a vehicle is being towed the tow bar shall be in place to prevent swing- ing. (4) Broom and sand box: said broom and sand box with at least a three (3) gallon capacity for the purpose of cleaning up oil and other liquids. (5) Shovel and pinch bar. (6) A container to hold glass and debris. (7) A permanently affixed sign, with minimum four (4) inch lettering, identifying the owner of said emergency auto wrecker, with said owner's phone number, address, and the name of his business. ". <!.:L;L It . e .. Ordinance , Page 22 Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall carry the above named equipment at all times. Every emergency auto wrecker and those auto wreckers which are to be eligible to be summoned to an accident scene shall be annually inspected by the Police Department of the City of La Porte for compliance with the above equipment requirements. (f) It shall be the duty of the driver of each emergency auto wrecker and auto wrecker that picks up a wrecked or disabled vehicle for the purpose of towing the same away to clear the street of any and all debris, parts or glass. In the event two (2) or more wreckers pick up vehicles for towing, it shall be the duty of each driver to clear the street of debris, parts or glass. Sec. 6-21. Permissible Fees and Charges. (A) (I) The standard charge for a "normal tow" from the scene of the accident in the city limits of the City of La Porte to the place of business of the wrecker operator, or other location instructed by the owner, will not exceed FORTY-FIVE DOLLARS ($45.00). I f the owner of the vehicle being towed requires the vehicle to be moved or transferred after the vehicle has been towed to a location specified in the wrecker ticket, there may be an additional charge of DOLlARS ($~:;' DO ) for transferring the vehicle within the city limits. A "normal tow" is defined as "picking up the vehicle or moving and towing the vehicle from the street to a location." (2) An additional charge may be made for the following addi tional labor that is not required in a "normal tow", to-wit: C!. :1.3 e\ e~ Ordinance , Page 23 (a) An additional charge, not to exceed DOLLARS ($ &D. 00 ) , may be made for a ditch pull and/or rollover in those cases where two separate pulls with the wrecker's winch line are actually required. (b) An additional charge, not to exceed DOLLARS ($_10100 ) maybe made for disengag- ing and removing the drive shaft, or for other exceptional labor. (3) A charge not to exceed DOLlARS ($ &~ ~ may be made when it is required to "dolly" a wrecked vehicle. This charge shall be all inclu- sive, and no other charge may be imposed when it is made. (4) Except in the event of an dolly charge, the maximum charge for any and all tows from the scene of an accident in the city limits shall be DOLLARS ($1S;.~ ). (5) A charge not to exceed FIVE DOLLARS AND FIFTY CENTS ~ ($ 5.50) per day may be made for the storage of wrecked vehicles. (B) Every holder of an emergency auto wrecker permit and those auto wrecker permit holders that are eligible to be summoned to scenes of accidents shall utilize an official wrecker ticket provided" by the City of La Porte containing the following informa- tion: (I) Name and address of wrecker company. (2) Time and location of accident. (3) Place to which vehicle is to be towed. (4) Description of vehicle and general description of parts of vehicle that have been damaged. (5) Itemized list of services to be performed, charges . C!... .2 <I .~ e e . . Ordinance , Page 24 for each, and total charges. (6) Places for signature of auto owner or other person (including a police officer) authorizing tow of vehicle. (7) wrecker ticket to of the is be given given to One to be copy the customer, and one copy is to investigating police officer. Sec. 6-22. Miscellaneous provisions and Restrictions. (a) The selling or other granting of the right to tow any disabled vehicle is prohibited. The person signing for the disabl- ed vehicle shall be able to account for the vehicle at all times. the A violation of this section shall constitute the basis of cancell- ation of the license without further notice. (b) Once a wrecker has been attached to a vehicle for the purpose of towing it to a location, the wrecker driver shall not disengage such vehicle and leave it parked prior to its arrival at the designated location. Section 2. 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, Article 6252-17, Texas Revised Civil Statutes Annotated: 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 comfirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective fourteen (14) days after e~S e -, Ordinance , Page 25 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 in the City of La Porte at lease twice within ten (10) days after the passage of this ordi- nance. Section 4. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Council to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sentence, phrase or clause, or part thereof, may be declared invalid. Section 5. Any person, as defined in Section l.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 HUNDRED DOLLARS ($200.00). C-:)..~ Ordinance e , Page 26 PASSED AND APPROVED this the ATTEST: e day of CITY OF LA PORTE By VIRGINIA CLINE, MAYOR , 1984. City Secretary APPROVED: City Attorney e,;? I. ORDINANCE NO. 1168-A e ~_d' Lnr{) ~~ /" ~ ~;~VI"~ ~w~ e AN ORDINANCE AMENDING ORDINANCE NO. 1168, AN ORDINANCE REGULATING THE DRILLING OF WATER WELLS WITHIN THE CITY: REGULATING THE USE AND SALE OF WATER WITHIN THE CITY: PROVIDING EXCEPTIONS: PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON CONVICTION SHALL BE FINED IN ANY SUM NOT MORE THAN TWO HUNDRED DOLLARS ($200.00): CONTAINING A SEVERABILITY CLAUSE: FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW: AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section I. From and after the effective date hereof, it shall be unlawful for any person to drill a water well to provide wa ter for human consumption, or for residential or commercial purposes within the City of La Porte. Section 2. From and after the effective date hereof, it shall be unlawful for any person to use, sell, barter, give away or offer for sale, offer to barter, or offer to give away, for >f( human consumption, or for residential or commercial purposes, water originating from any source other than the Water Department of the City of La Porte,- to any other person within the City of La Porte, except such City. Section 3. The provisions of this Ordinance shall not be applicable to the sale of distilled water, or other bottled water approved for human consumption, by the Texas Department of Health. 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 in the Ci ty of La Porte at least twice wi thin ten (10) days after the passage of this ordinance. Section 5. If any section, sentence, phrase, clause, or any part of any section, sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid, such invalidity shall not affect the remaining portions of this Ordinance, and it is hereby declared to be the intention of this City Commission 7)1 e e Ordinance No. 1168-A, Page 2. to have passed each section, sentence, phrase or clause, or part thereof, irrespective of the fact that any other section, sen- tence, phrase or clause, or part thereof, may be declared invalid. Section 6. Any person, as defined in Section 1.07(27), Texas Penal Code, who shall violate any provision of this ordi- nance, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed Two Hundred Dollars ($200.00) . Each day any violation of this ordinance shall con- tinue shall constitute a separate violation. Section 7. 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, Article 6252-17, Texas Revised Civil Statutes Annotated: 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 18th day of April, 1984. CITY OF LA PORTE By Virginia Cline, Mayor D~ .- e .'- Ordinance No. 1168-A, Page 3. ATTEST: City Secretary APPROVED: D3 ': e e . .--..-. ~- TMI. TEXAS MUNICIPAL LEAGUE 1020 Southwest Tower Austin, Texas 78701 (512) 478-6601 April 3, 1984 Mr. Jack Owen, City Manager" Ci ty of La Porte P. O. Box 1115 La Porte, Texas 77571 Dear Jack: During the next few weeks, Governor Mark White will call a special session of the Texas Legislature to consider proposals to increase state spending on public schools and highways. The special session agenda also will include TML's "Pothole Bill," which was introduced during the 1983 session of the State Legislature, but failed to pass. Under the Pothole Bill, $100 million per year in state funding would be allo- cated to Texas cities for street and bridge repairs. All cities would be eligible for funding. In order for us to pass the Pothole Bill during the upcoming special session, the cities will need to present a united front to the Legislature and demon- strate their collective support for the additional state funding--and taxes-- needed to bring our state-local roads and bridges up to par. In this regard, we request that your city council approve the enclosed resolution and return it "to the League office as soon as possible. Copies of all resolutions received by TML will be forwarded to Governor White, state legislators, members of the state highway commission and the media, to underscore the seriousness wi-th which city officials view the state-local road problem. Secondly, city officials will need to lobby their state senators and representa- tives and obtain their commitments to vote for the funding package described in the resolution. We will be contacting your city in the near future with regard to methods for accomplishing this phase of our campaign. In addition to the form resolution, other attachments include: (1) A list which shows the biennial (2-year) amount each city would receive upon enactment of the Pothole Bill. The state is on a biennial budget cycle; therefore, if the Pothole Bill is approved, the amounts shown would be paid to the cities in two equal installments--half one year and half the next year. (If for some reason your city is not on the list, your biennial allocation can be calculated by multiplying your city's number of paved street miles times $1,660 times 2. (2) A Pothole Bill fact sheet. t:/ e ~ - e ---...- p :.-. April 3, 1984 Page 2 Passage of the Pothole Bill continues to be TML's highest legislative priority. We will need your active help to enact this critical legislation. Thank you for your assistance. Sincerely, I)'~l<- Richard D. Brown Executive Director RDB/ch Encl. E:L .1} - s: . Z.{r ." - .1 ,. .. J ---..- ~~ "6 J. 2> A RESOLUTION SUPPORTING INCREASED STATE HIGHWAY FUNDING, PASSAGE OF THE POTHOLE BILL AND INCREASED HIGHWAY USER CHARGES WHEREAS, authoritative surveys reveal that: (1) Texas leads the nation in the number of deficient bridges (172,000) and deteriorated state roadways (7,740 miles). (2) The state's 5t per-gallon motor fuel tax is the lowest in the nation, and has not been increased in 27 years. Moreover, in 1965, 27% of the state budget went for transportation, while in 1982 only about 10% of the state budget was spent for transportation-related purposes. (3) Each Texas motorist pays a "bad roads" tax averaging $291 per year for wasted gasoline, tire wear, car repairs, insurance and medical bills. (4) Additional transportation spending of $51 billion' will be needed over the next 20 years to overcome the current backlog of needs--including $6.2 million for road and bridge rehabilitation, $30.3 billion for reconstruction, $6.7 billion for new roads and $7.7 billion for main- tenance; and WHEREAS, the state's transportation funding problems are reflected at the local level, as follows: (1) The current backlog of city street repair needs exceeds $1 billion. Texas cities are spending an estimated $193 million per year on street repairs--more than ever before. But they are still falling further behind each year, because the street repair backlog is growing at rates that exceed local spending increases. The cities must have state financial assistance in order to bring their streets and bridges up to standard. (2) Upwards of 20 percent of all municipal streets--more than 13,000 miles-- are currently in need of major repair. (3) The deterioration of city streets and bridges will accelerate in the future. The 10 million motor vehicles already in the state are wearing out local roads and bridges faster than they can be repaired; twenty years from now, the cities will have 16 million vehicles to contend with--more than half again today's volume; and WHEREAS, the Texas Municipal League supports the state funding and tax increases necessary to bring our state-local roads and bridges up to par; NOW, THEREFORE, BE IT RESOLVED by the (Governing Body) of the City of that the Texas Legislature is urged to enact a state~local road and bridge financing package composed of the following: (1) An increase of $1 billion per year in funding for the State Department of Highways and Public Transportation. 1;;'3 .' e .,. -._----- ~ ... . e r:::; - (2) $100 million per year for the City Street Improvement Fund (the "Pothole Bill") proposed, but not approved, during. the 1983 Legislative session. .(3) Doubling the rate of the state motor fuel tax to lOt/gallon and increas- ing motor vehicle license fees as necessary to generate adequate fund- ing. PASSED AND APPROVED by the this day of (Month) ATTEST: (Governing Body) , 1984. ~'f of the Ci ty of APPROVED: Mayor J - . v .'.----- ~:.- - POTHOLE BILL FACT SHEET The highway finance legislative package supported by 'lML consists of three parts: (1) A provision to double the rate of the state motor fuel tax t"rom 5~ to 10~ per gallon, and an increase the amount of the state motor vehicle registration fee; (2) Increased state appropriations of $1 billion per year to tQe State Department of Highways & Public Transportation for improvements to state highways and bridges; and (3) The appropriation of state funds for municipal street and bridge repairs--the "Pothole Bill." Under Part Three of the package, the state legislature would appropriate $200 million per biennium for city street and bridge repairs. Half of that amount would be distributed to the cities in 1984-85; the other half would be allocated in 1985-86. Under the Pothole Bill, each city would have to demonstrate a commitment to helping solve its own repair problems by matching its state allocation 30/70. In othe-r words, for each $700 provided by the state, the city would have to put up $300. The entire amount of the city's allocation must be spent for street and bridge repair and maintenance. Expenditures for new construction would not be permitted. . All cities would be eligible for funding. Each city's share would be based on the number of miles of paved street (concrete or asphalt) maintained by the city. There are- about 60,000 miles of municipal street in the state. There- fore, each mile of paved street would entitle the city to $100m. - 60,.000 = ". $1,660 per year. A city with 10 miles of street would receive $16,600/year; one with 50 miles of street would receive $83,000 and so on. There are several legitimate reasons the Legislature should approve the Pothole Bill: (1) More than 60% of all motor vehicle travel in the state takes place on city roads. Also, city residents pay a major share of all motor fuel taxes and vehicle registration fees collected by the state. Currently, none of these revenues are rem! tted back to the ci ties to help deal with the street repair problems created by the millions of vehicles which generate the revenues in the first place. (2) Unlike many other types of municipal functions, streets and bridges are a. statewide concern. The quality of the state's transportation system is dependent upon the quality of local roadways. (3) Raising property taxes is not the answer to our municipal street and bridge problems. The local property tax is overloaded, and many Texas cities have experienced Proposition 13-type taxpayer rebellions during the past few years. Remitting $100 million per year back to the cities would provide a direct form of 'tax relief' by alleviating pressures on the local property tax to fund street repairs. (Over) .t;S- . . ... . ,.' - .~ -- ~ J (4) A survey of Texas cities indicates that the backlog of municipal ~treet repair needs exceeds $1 billion. More than 13,000 miles of city streets are in need of major improvement. Texas cities are spending more than $190 million per year on street repairs, but it's not enough. Cities are falling further behind every year, because the street repair backlog is snowballing at rates that exceed local spending increases. The cities will never be able to bring their streets- and-bridges up to standard without state assistance. (5) The deterioration of city streets and bridges will continue to acceler- ate in the future. The 10 million motor vehicles already in the State are tearing up our local roads and bridges faster than they can be repaired. Twenty years from now, we will have 16 million vehicles to contend with--50% more than we have today. G"' . "1 "' , i I , . i..... ! _. Gonzales r ;' Nixon ~ .~.::- Waelder' r'~"~'~" : ,'i1f~;" ;" ..:;; '., .' TOlD Bean . ~ .:~....:., Whitesboro :., :7,..... Whitewright !=--"~;:':;t~.~regg . . .... .'~'.,: . Gladewater ':~~~~\'.' ~~::w ~:', Warren City ,.:'. /~:~ White Oak .'. .::-~:Grimes '. [}iii~g~'~ :,,:--...',r:'.' Seguin r. :~:~'-'~~:~T fJ~1 $ 149,400 272,600 1,083,540 26,560 196,160 $ 10,000 435,560 23,240 11,600 709,200 28,400 78,000 76.400 $ 49,600 . 438,240 $ 83,200 26,560 99,200 333,000 $76,400 5 - . -r~. Harris Bay town $1,069,040 Bellaire 224,400 Bunker Hill 83,200 Deer Park 239,040 El Lago 34,920 Galena Park 226,400 Hedwig Village 33,200 Hilshire Village 13,280 Houston 26,560,000 Jacinto City 89,640 Katy 102,600 t.--I.aPorte .~ 309,200 Miasouri City ".- 502,800 Nassau B~y 46,480 '.. Pasadena . .',' 932,920 Pearland . 275,560 Piney Point Village '-':' .,. 69,720 Seabrook ..:.. " .... : 99,600 Shoreacres " .~ _ 16,600 South Houston :.~: ~,':',:;"226,400 Southa1de Place .~":t-.':::'-~:";! 13,280 Spring Valley '.'t'.,:;r:,.::' 34,900 Webster ':.- 24.920 West University Place ".: 142.760 $ 49,600 149,400 49,800 Hardin Kountze SUsbee Sour Lake '. Hill Covington HUbboro Hubbard ltasca Whi tney Hidalgo Alamo Donna Edcouch Edinburg 'Hidalgo La Joya McAllen Mercedes Miaaion Pharr San Juan Weslac;o Henderson Athens Brownsboro Chandler Enchanted Oaks Eustace Gun Barrel City Murchison Seven Points Star Harbor Tool Trinidad $ 11 600 ..::: ',:;;;,. " I :_ ~ '=.;' ....~ 248,000". I ::~ .. ..: 86,320 _ .-:: 36,600 . ,:" .; ?' 53.200 . I. ._ 6.~;. p ::: -. tL:: ::.;;. .~.; ":~ '-::'. . .~'.::~. :~. .-t. .' -." . '-. -.. ,'. .:. $146,080 ....:.. 29,880 ---:. 73,200 23,240 : 23,240 . .~. 388,440 ",,' 16 600 '::'106:600 ..,. 26,560 92,960 .-.9.,960 " $ 83,600 112,880 : 3,320 . 289,800 . 33,200 19,920 965,800 126,160 '332,000 '268,920 99,600 266,400 '" ;. . $56,380 28.240 Hardeman Quanah Hansford Gruver Spearman .;... ~. .,' ,.. .,.1. .... '. Gollacl GoUad $39,840 Ham11ton Ham11ton Hico $50,000 49,800 Hays Buda Hays Kyle San Marcos $ 26,560 6,600 31,400 348.600 ~ i;;;: ';:-,:::-.: . t -.' >...., - .. .' ~'~f'-;//{~Y";;, . .. lftt,~::' "': i , ...... ..~.; Clear Lake Shores.' " . Friendawood . ." : '.. Galvesteib >y:. . _:.. Hi tchcock ..,:. " :;.- 1'. Jamaica Beac~ : '." .~: ~:. '. ., La Marque , .~. Sante Fe . Taus Ci ty GUlespie Fredericksburg $231,400 $ 16,600 . 232,400 666,000 102,920 36,500 215,800 298,800 1,334,640 $53,120 $43.160 92.960 Hall Memphis Turkey Hale' Abernathy Hale Center Petersburg Plainview HemphUl Canadian $53,120 $86,600 10,000 $86,000 39,840 49,860 385,120 Haskell Haskell Rule S'tamford Harrison Hallsvilla Marshall Waskom .. $33,400 13,280 79.680 u $69,720 496,000 53,120 Hockley Anton Sundown Level18nd Hood Granbury Hopkina Sulphur Springs Hous ton Crockett Howard Big Spring Forsan Hunt Celeste CODllllerce GreenvUle Wes t Tawakoni Wolfe City Hutchinson Borger Fritch Stinnett Jack Bryson Jackson Edna Ganado Jasper Jasper K1rbyvilie Jefferson Beaumnt Groves Hederland : Nome Port Arthur Port Heches .- , or. $1.842,600 235,720 235,720 23,240 1.035,840 1811.240 1.600 $189,240 69.700 $138.800 83.000 $232,400 29,880 26,560 $ 19,920 119,520 620,840 46,480 33,200 t. .;.-.. '~~l:~ .'o/tl' ::<11 .' . f.. "'...:.:. ".... ..~..~ . .r;;?: '. ',1;-. 0: ,. ::f ., , ~ l!.t . .' ~.' ;};. ;i; ., Biennial Allocation . Biennial Alloca tion . Biennial Allocation ~;~~t~:,:~ I~~,: . Biennial '/':i<t(~ All~catlon 'l,~ ~.~:~~ .~.,;~ . . .~~t.y~ $ 50,000 -"',:.~ 33,200 : ~.!:. 304,200 .~ ; :'J~ :i: ~flt. $86.320 ~ .:,.g. : .~~t. $265 600 . ;~~ , '" ;. .~.t, $232.400.: "11 J' $547,800 79,800 th:~~;}~rr~ .-~r.....It~ ~~\;?~~