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HomeMy WebLinkAboutOrdinance 15708ORDINANCE NO. ~~ '!' AN ORDINANCE AMENDING CHAPTER 34, ART. V, WRECKERS, OF THE CODE OF THE CITY OF FORT WORTH {1986}, AS AMENDED, BY AMENDING SUBSECTION {d}{3} OF SECTION 34-180.1; BY AMENDING SUBSECTION {b}{2} OF SECTION 34-180; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the Code of the City of Fort Worth {1986), as amended, is hereby further amended by amending subsection {d}{3) of Section 34-180.1, which shall be and reads as follows: 34-184.1 Wrecker company required to register; application; inspection of wrecker; insurance requirements; farms of payment; and fees. {d}{4} Each wrecker shall carry as standard equipment: Overhead warning lights, safety chain, fire extinguisher - A. B. C. type, broom, shovel, trash container, reflectors, and backing warning signal. SECTION 2. That the Code of the City of Fort Worth {1986}, as amended, is hereby furt`,~~r amended k, ,am,,_ ~~ding Subs~cfic:r~ (b)(2~ of Sec. 34-1"0, h,laximum Fees ' ~? ~1 L i ~-11)C~t'l1? ~l;*: 1, r, ,~, ~,,,1 ~; ~ (h<ir(~~' i)fi J 1 ~! I~)r ~I"l~' 11~F' Uf tandem axle ~hE,:~3~~v duty ~w~~;ckE~r Upon ~'er~~~~{id `~v ti-,~~ o~^/neroperator of the vehicle. the wrecker company towing the vehicle shall provide written documentation stating the rationale SECTION 3. All other provisions of sections 34-180.1 and 34-180 not amended herein continue in full farce and effect. SECTION 4. It is hereby declared to be the intention of the City Gouncil 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 Gity Gouncil without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of Article V, Chapter 34, or any other ordinances affecting the subject matter hereof that have accrued at the time of the effective date ofthis ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The t;ity Sec;ret~r~f cif the t'i~~,, of Fart X11-1t~rf~h, Tex~~s i5 ht~rk-,;,v r+,irecte!~ try ,. tr ~ j~ f. ~., j' 4~. ~ {~ + ~ ... ~,i~,~1tt t~(r, t1f{IC1;3~ r~t..~ti~'~37'~('! ;~} trot ~;It`. ~ _~', .. `„ ~ t' ,~3`~ -i5 ;3l;tf'~)r!<'t° ' 14d~ !..(.}i.bdi ~~~)'/F;r!1(Tl(~Clt ~(_i~jE: ~E_.(',tl(,~I? '. ~~ '.~ ~ {, SECTION 7. rjt .~, ~, }~11 t li,7'!' ~F' 111 i, ~ rig, C~ separate offense for each day or portion thereof, during which any violation of any of the provisions of this ordinance is committed, continued to be permitted, and each violation shall be punishable by a fine not to exceed Five Hundred Dollars {$540.Q0). SECTION 8. This ordinance shall take effect upon its adoption and publication by law. APPROVED AS TO FORM AND LEGALITY: Assistant ity Attorney Date Adopted: ~ ! ~" ~ ~ ~i~jr of Fori~ Vllarth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 913012(}03 -Ord. # '15708 DATE: Tuesday, September 30, 2003 REFERENCE NO.: **C-19770 LOG NAME: 12WREGKERS SUBJECT: Adoption of an Ordinance Amending Chapter 34 of the Code of the City of Fort Worth and Approval of an Interlocal Agreement with the City of Arlington 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 to perform a study to determine fair and reasonable rates for private property non-consent tows. DISCUSSION: The attached ordinance amends Chapter 34, Article V, by reducing the amount of equipment to specifically that necessary for non-consent private property tows, rather than tows from accident scenes. In addition, the attached ordinance corrects an error that was made in the previous ordinance and es#ablishes a flat rate of $180 for tandem axle tows, rather than a rate that could be dependent on the time necessary for the tow. In June 2003, the City Council authorized an Interlocal Agreement with the City of Arlington to conduct a rate study in order to set rates for non-consent private property tows based upon generally accepted accounting methods as well as generally accepted rate making principles. Sased upon that approval, Fort Worth entered into a contract with FINCAP, Inc. to conduct the study. Subsequently, a conflict of interest was discovered and the contract with FINCAP, Inc. was terminated. Fe~ause c"his conflic!_ Arlington ~`_:= reta~n~_.~ -_= se.. ~:'JIAXIM'::~ ~ - fc perfor~- +, _ °~fud, ~~ . ._ -,~ ,-, ... T ~x ~-~~ ~~ ~ <~~i, ~ ,nom, a~ ~ ~; ~. .. .~ ~~ ~ ~~,,r ;- ,, .. .. _. ~ _ ~ . , .. a - - _ _ _. _ . _ _ .. .. _.. _ _ r . v.,, ~, d` .. ^~' .~~yi t'~d.C .. '~`-, ~SSC~ ~ ..;t ,.., i~ ~.~ .. ~ O-', li ._, '.U ., ~~~ .. _ i. t~ ., ~r~',: i~~.. .. _. _- ~ fc~.(F' St'uC7y FISCAL INFORMATION/CERTIFICATION: Thy F!na! ~2 [71E_.,t0~ rr,f'ac ihc?t fl, ~:-~< ~' ~ ~'~ ~` .. ,.rrc rt _. ~ ,-i- ~3- ~ i ..s - t ~_ C ncrnar 1?\l f? ~:!"'1:'~'T?C T3..,~,-, t ,.#"1 TO FundJAceauntJCenters FROM FundJAccauntJCenters GGd1 53912d d9d55d0 6 ddd.Ud Submitted #or City Manager's office bv: Richard Zavala (Acting} {6183} ©riginating Department Head: David Yeti {7623} Additional In#armation Contact: David Yett {7623} ~`rty of Fart TfTlarth, Texas ~~~~~~~ end c~unci( c~~nr~c~n~c~~~~n ~ ~ DA 5127/03 ENCE N Lt~G N PAGE **C_"I 9fiQ2 ~ 12WRECKERS ~ 2 of 2 ADOPTION OF AN ORDINANCE AMENDING CHAPTER 34, ARTICLE V, WRECi4ERS; 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 su *Interim rates anti! 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 Interiocai 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 watertsewer 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 wit! be dependent upon the number of wrecker companies submitting data upon which the study wil! 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 and membership will be used to offset this expenditure. RZ: k Uff~cr t~, P ~: t~..... , .. ... _. Ori;tinatin~ lle(iartmrnt head: tl ~l, 1 ~~ > ~!t l< -~~t~~i ~l ~ il~ ,t~ t:l 1 ~1:~