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HomeMy WebLinkAboutOrdinance 7043 ORDINANCE NO. _ ' AN ORDINANCE AMENDING CHAPTER 39, "WRECKERS, " OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY AMENDING SECTION 39-12 THEREOF BY IN- CREASING THE PRESCRIBED UNIFORM FEES FOR SERVICES RENDERED BY WRECKER COMPANIES DURING ROTATION PULLS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING WRECKERS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 39-12 of Chapter 39 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows: "In order to expedite wrecker company service, the chief of police is hereby empowered and directed to partition the city into zones for wrecker company service under a wrecker rotation list procedure and to assign wrecker companies to each zone. Such par- tition and assignment shall be made in a manner fair and impartial to all licensees and in a manner calcu- lated to best serve the public. Notice of assignment of wrecker companies to any boundary lines of each zone shall be provided each licensee on such list. No such zone shall be assigned more than six (6) such companies. Such companies shall be assigned only to those zones in which such company is physically lo- cated and/or to zones immediately adjacent to such location. "Wreckers dispatched from such list may be designated as rotation pulls or police pulls. Such pulls shall be assigned by the dispatcher in any such zone by calling that wrecker company first in alphabetical order on such list and making the proper notation on such list of such assignment. "Succeeding assignments shall be made by first exhausting in alphabetical order that list of those companies serving any such zone and then returning to the alphabetical beginning of such list to continue such sequential, alphabetical assignment procedure. "Upon making any such assignment, the dispatcher shall direct such company to remove the vehicle to the place designated in writing by the owner or the investigating police officer or to such company's place of storage. "To implement such wrecker rotation list pro- cedure, the police department shall maintain a master list which list shall identify such zones and the names of such companies, arranged in alphabetical order, assigned to each such zone. No wrecker com- pany shall be placed upon such list unless such com- pany has otherwise complied with the provisions of this chapter, and further: " (a) Has been issued a license as provided in Section 39-5; " (b) Has applied to be on such wrecker rota- tion list; " (c) Maintains twenty-four (24) -hour wrecker service; " (d) Has at least one wrecker not less than three-fourths (3/4) ton in size, equipped with a power-operated winch, winch line and boom, in addi- tion to the minimum requirements for wreckers re- quired in Section 39-8; " (e) Has an attendant available twenty-four (24) hours a day to release impounded vehicles from wrecker company yards upon presentation of proof of ownership and/or release by the police department; " (f) Has at least two (2) wreckers in operat- ing condition at all times; " (g) Has an established uniform fee for each service rendered standard passenger automobiles and trucks (one ton maximum) not in excess of each of the following: " (1) Towage. A charge up to a maximum of twenty dollars ($20.00) for towing such a vehi- cle from one point on a street to another loca- tion within the corporate limits of the city as designated in writing by the owner of the vehi- cle or by the police department at the place where the tow originated. " (2) Use of a dolly. An additional charge of fifteen dollars ($15.00) when the use of a dolly is necessary for towing any such vehicle. " (3) Extra work.' An additional charge of fifteen dollars ($15.00) an hour for removing vehicles which are off the street right-of-way, such charge to be made from the time the operator begins to remove the vehicle until it is on the traveled portion of the street. Even though the vehicle is within the street right-of-way, an ad- ditional charge may be made in the event the car is located in some unusual condition within the -2- right-of-way, such as, but not limited to, a river or creek bed or a ditch of greater depth than an ordinary bar ditch. For fee calcula- tion, fractions of an hour may not be consid- ered a full hour; one-quarter (1/4) of any hour shall be the smallest fraction permitted for such calculation. " (4) Storage. One dollar and fifty cents ($1.50) per day with each day figured on a basis of twenty-four (24) hours, commencing with the time the vehicle is placed in storage." SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964) , as amended, affecting wreckers, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 39 of the Code of the City of Fort Worth (1964) , as amended, and of any other ordinance affecting wreckers, which have accrued at the time of the effective date of this ordinance; and as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 4. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid -3- judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the in- corporation herein of any such void, ineffective or unconsti- tutional phrase, clause, sentence, paragraph or section. SECTION 5. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 6. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: "W W F0.! Fee� 11 S. G. JOHNDROE, JR., City Attorney -4- 7 rw✓ UK r City of Fort Worth, Texas Mayor and n a Communication 1 r AT W„ REFERENCE SUBJECT: Request of theater Fort Wort1i PAGE NUMBER Wrecker Association to Amend Ordinance 4/1-2/" Proidin __for Wrecker CnarBe _�.. � an .�_._ The Treater fort Worth Wrecker Association has requested that the City Council allow an increase in charges for wrecker service as established by Ordinance No. 8494 approved June, 1971. The Association desires that the City Code be amended to all.ow for the following increased charges: �. Current Charge Proposed Charge Towage ;fee 15.00 $ 20.00 Bally Use 12.50 15.00 l Extra Work (Hourly) 12.50 15.0O Storage: (Daily) 1.00 1.501 These charges are defined in the Ordinance to include different services per- formed by the wrecker services. The towage charge provides for the ,fee re- quired: to tow a vehicle from one point on a street to another location within 1 the city limits of the City of Pert Worth, The fee for a dolly is unposed when it is necessary to use a dolly in towing any vehicle, The extra work Charge is an additional charge rewired when it is necessary to remove vehicles which are off the street right-of-way. These charges provide the wrecker service an hourly fee for the additional work 'required in getting vehicles back up onto the street right-cnf-way from, off-tine-street areas. The storage Beare is based on a 2,4 honer basis commencing with the time the vehicle is placed in storage. 1 The Association, in their request, supports the need for the additional fee by pointing out that fuel costa have increased since the June, 1971, wrecker fee was established from 28.9 cents per gallon to a current price of 44,8 cents or an increase of 45 percent. The companies also assert that the price of equipaneht has increased approximately 15 percent since the current rate was established. ether items pointed out by the Association include the increased cost of tires, workman's compensation i . urance, liability insurance, salaries for canployees, telephone rates and property masts for storage areas. "chile the staff has not veri.;fie;d the precise amount of the various increased costs being paid, by the wrecker companies, it is believed that cost increases have occurred for these items to an extent which would justify the requested a rates.. J DATE REFERENCE SUBJECT. Request of Greater 'Fort Worth PAGE �4 NUMBER � gll f74 Wrecker Association to Amend Ordinance C-2478 or recker Charges �� ��. Recommendation it is recommended that the City Council approve the adoption of an ordinance amending Section 39-12 of the City Code of Fort Worth by increasing the wrecker service charges as outlined above. RNL:el i SUBMITTED BY; DISPOSITION BY COUNCI;k: PROCESSED BY le7 (DESCRIBE) 7 1CIFkt7YE OTHER � c a „ CITY SECRETARY . DATE CITY MANAGER mw