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File #: 24-1977    Name: Ch. 114 Wrecker Ord - Repeal and Replace
Type: Ordinance Status: Approved
In control: City Council Regular Meeting
On agenda: 9/17/2024 Final action: 9/17/2024
Title: Consider/Discuss/Act on an Ordinance Replacing the City's Existing Rotating Permit System for Police-Initiated Wrecker Requests with a New Contractually Awarded Sole Provider for Such Wrecker Services by Repealing Chapter 114 of the City's Code of Ordinances, Entitled "Wrecker Services," in its Entirety and Replacing said Chapter with a New Chapter 114, also Entitled "Wrecker Services"; Amending "Appendix A - Schedule Of Fees" by Repealing Chapter 114, Contained Therein, in its Entirety; Declaring that All Existing Tow Truck Permits Shall Expire at Midnight on September 30, 2024; Providing a Penalty; Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for Publication of the Caption of this Ordinance; and Providing for an Effective Date
Attachments: 1. Ordinance

Title

Consider/Discuss/Act on an Ordinance Replacing the City’s Existing Rotating Permit System for Police-Initiated Wrecker Requests with a New Contractually Awarded Sole Provider for Such Wrecker Services by Repealing Chapter 114 of the City’s Code of Ordinances, Entitled “Wrecker Services,” in its Entirety and Replacing said Chapter with a New Chapter 114, also Entitled “Wrecker Services”; Amending “Appendix A - Schedule Of Fees” by Repealing Chapter 114, Contained Therein, in its Entirety; Declaring that All Existing Tow Truck Permits Shall Expire at Midnight on September 30, 2024; Providing a Penalty; Repealing Conflicting Ordinances; Providing a Savings Clause; Providing a Severability Clause; Providing for Publication of the Caption of this Ordinance; and Providing for an Effective Date

 

Summary

COUNCIL GOAL:                     Safe and Secure Community

 

MEETING DATE:                     September 17, 2024

 

DEPARTMENT:                      Police Department

                     City Attorney’s Office

 

CONTACT:                       Joe Ellenburg, Chief of Police

                     Mark Houser, City Attorney

 

RECOMMENDED CITY COUNCIL ACTION: Approval of the Ordinance.

 

ITEM SUMMARY: 

                     The current ordinance allows for the City to issue permits to up to three rotating wrecker services for police-initiated tows. This ordinance replaces said system with a contractually awarded sole provider for such services and deems all current tow permits currently in effect to terminate as of midnight September 30, 2024.

 

BACKGROUND INFORMATION: 

                     Texas Occupations Code Chapter 2308 permits a local authority to regulate private operators engaged in the practice of vehicle towing and booting within the areas in which the local authority regulates traffic and parking.

                     The City previously adopted rules and regulations relative to towing, impoundment and disposition of abandoned vehicles pursuant to Ordinance No. 2000-09-061 on September 5, 2000, which was amended by Ordinance No. 2018-11-076, adopted on November 6, 2018, and was further amended by Ordinance No. 2023-04-020, adopted on April 4, 2023, and currently codified under Chapter 114 of the City’s Code of Ordinances.

 

FINANCIAL SUMMARY: N/A

 

BOARD OR COMMISSION RECOMMENDATION: N/A