HomeMy WebLinkAboutOrdinance 15574~~~
Ordinance No.
AN ORDINANCE INCREASING .ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GENERAL FUND IN THE AMOUNT OF $10,000.00,
SUBJECT TO RECEIPT OF FUNDS FROM THE CITY OF ARLINGTON, FOR
THE PURPOSE OF FUNDING A CONTRACT WITH FINCAP, INC. OF AUSTIN,
TEXAS TO PERFORM A STUDY TO DETERMINE THE RATES FOR NON-
CONSENT TOWING; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1
That in addition to those amounts-allocated to the various City departments for Fiscal Year 2002-
2003 in the Budget of the City Manager, there shall also be increased estimated receipts and
appropriations in the General Fund in the amount of $10,000.00, subject to receipt of funds from the
City of Arlington, for the purpose of funding a contract with the FINCAP, Inc. of Austin, Texas to
perform a study to determine the rates for non-consent towing.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid,
inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or
judgment shall in no way impair the remaining portions, sections, or parts of sections of this
ordinance, which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 15184 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, in which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APP OVED S~M AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: ~~~~ ~ 3
L
City of Fort Worth, Texas
~ 1
DATE REFERENCE NUMBER LOG NAME PAGE
5/27/03 ~*C-19602 12WRECKERS 1 of 2
SUBJECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 34, ARTICLE V, WRECKERS;
ADOPTION OF AN APPROPRIATIONS ORDINANCE; APPROVAL OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF ARLINGTON, AND EMPLOYMENT
OF FINCAP, INC. TO PERFORM.A STUDY TO DETERMINE RATES FOR PRIVATE
PROPERTY NON-CONSENT TOWS
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached ordinance amending Chapter 34, Article V, Wreckers, regulating private property
non-consent towing services; and '
2. Authorize the City Manager to execute an interlocal agreement with the City of Arlington for the
employment of FINCAP, Inc. to conduct a study to determine the rates for private property non-
consent tows and the sharing equally of the cost of such study; and
3. Adopt the attached appropriation ordinance increasing appropriations in the General Fund up to
$10,000 subject to the receipt of:such funds from the City of Arlington as its cost participation in the
rate study; and
4. Authorize the City Manager to execute a contract with FINCAP, Inc. of Austin, Texas to perform a
study to determine the rates for non-consent towing in Fort Worth at a cost not to exceed $20,000.
DISCUSSION:
In June 2002, the United States Supreme Court ruled that municipalities do have the authority to
regulate private property non-consent tows in the areas of price and safety related matters. The
attached ordinance amends Chapter 34, Article V, by providing in part:
® Registration of wrecker companies performing private property non-consent tows; and
o .Inspection of wreckers, including required equipment; and
® Signs and information on the trucks; and
® Complaint information to be provided to the owner/operator of a towed vehicle; and
® Tows cannot exceed 20 miles from the point of tow; and ~~
• Drop fee.
The ordinance also increases rates as follows:
Current Proposed
*Standard~Wrecker $ 65 $100
*Roll Back/1"ilt Bed $ 85 $125
*Heavy Duty/Tandem** $115 $180
City of Fort Worth, Texas
DATE REFERENCE NUMBER LOG NAME PAGE ..
5/27/03 **C-19602 12WRECKERS 2 of 2
SUBJECT ADOPTION OF AN ORDINANCE AMENDING CHAPTER 34, ARTICLE V, WRECKERS;
ADOPTION OF . AN APPROPRIATIONS ORDINANCE; .APPROVAL OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF ARLINGTON, AND EMPLOYMENT
OF FINCAP, INC. TO PERFORM A .STUDY TO DETERMINE RATES FOR PRIVATE
PROPERTY NON-CONSENT TOWS .
*Interim rates until a study can be performed and presented to City Council in a public hearing.
**Also provides for a labor charge of $45 per 15 minutes, after the first 30 minutes.
Rates for private property non-consent tows have not been changed since 1997. A rate study needs to
be performed in .order to set rates based upon generally accepted accounting methods as well as
generally accepted rate making ,principles. Staffs. for the Cities of Fort Worth and Arlington have
discussed jointly entering into an Interlocal Agreement to share in the cost of the needed rate study.
FINCAP, Inc. is a consulting firm specializing in regulated industries and valuation of closely held
businesses. Assignments have involved electric, gas, telecommunication, and water/sewer utilities
,
with clients including utilities, consumer groups, municipalities, and regulatory agencies. Fees of $250
and $175 per hour for principal and associate respectively will be charged for this employment. The
total fee will not exceed $20,000 (one-half, or $10,000, being the responsibility of Fort Worth.) without
prior City Council approval and will be dependent upon the number of wrecker companies submitting
data upon which the study will be performed. .
FISCAL INFORMATION/CERTIFICATION:
The. Finance Director certifies that funds are available in the current operating budget, as appropriated,
'of the General Fund. No funds were budgeted for this particular purpose; however, savings from dues
anal membership will be used to offset this expenditure.
RZ: k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
GG01 4$1306 0904510 $ 0.00
Richard Zavala 6183 GG01 539120 0904510 $ 0.00
Originating Department Head:
David Yett 7623 (from) APPROVED 05/27/03
GG01 539120 0905500 $10,000.00 ORD. #'S 15573 & 15574
Additional Information Contact: GG01 539120 0904510 $20,000.00
Gary Steinberger 7615