Title
Consider/Discuss/Act on an Ordinance Amending Chapter 114 of the City’s Code of Ordinances, “Wrecking Services” by Amending Section 114-11, “Permits”, Amending Section 114-21, “Auto Pound Specifications - Generally” by Permitting Auto Pound Permittees to be Located within the City’s Extra-Territorial Jurisdiction, Deleting Section 114-22, “Same - Indoor Area”, in its Entirety, Amending Section 114-29, “Suspension And Removal From Rotation List”, Amending “Appendix A - Schedule Of Fees” by Amending the Towing Rate Schedule, 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 & Secure Community
MEETING DATE: April 4, 2023
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:
• This ordinance amends the City’s existing wrecking services ordinance to give greater operational flexibility to the Police Department in managing those wrecker service permittees operating in the City.
• Key items of the revisions are:
o Permittees may be located either in the City’s corporate boundaries or the City’s extraterritorial jurisdiction (ETJ);
o Permittees are no longer required to provide a maximum security indoor storage facility;
o The Chief of Police now has discretion to remove permittees from the City’s towing rotation list for certain violations; and
o An $800.00 fee may now be assessed for tows that require use of a heavy duty rotator.
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 currently codified under Chapter 114 of the City’s Code of Ordinances.
FINANCIAL SUMMARY:
• Fee Change/Addition: An $800.00 fee may now be assessed for tows that require use of a heavy duty rotator.
• No financial impact to the City.
BOARD OR COMMISSION RECOMMENDATION: N/A