HomeMy WebLinkAboutOrdinance 16664-10-2005ORDINANCE NO ~ (QI~Ip~}--I ~(~
AN ORDINANCE AMENDING SECTION 34-188 OF CHAPTER 34, 'VEHICLES
FOR HIRE" OF THE CODE OF THE CITY OF FORT WORTH (AS AMENDED),
ADDING A NOTIFICATION FEE AND ADDING CLARIFICATION LANGUAGE
FOR THE METHOD OF COMPUTING STORAGE FEES PROVIDING FOR
ADOPTION BY REFERENCE OF A STATEMENT OF INTENT AND PURPOSE
IN ADOPTING THIS ORDINANCE PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE PROVIDING A SEVERABILITY CLAUSE AND PROVIDING
AN EFFECTIVE DATE.
BE I T HEREBY KNOWN'
WHEREAS the Chief of the Fort Worth Police Department has advised the City Council
of the need to add language to Section 34-188 to add a charge for a notification fee in
compliance with state law• and
WHEREAS, the Chief of the Fort Worth Police Department has advised the City Council
of the need for clarifying language regarding the method of determining storage fees
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS
SECTION 1
That Section 34-188, of Chapter 34 of the Code of the City of Fort Worth (1986), as amended
IS HEREBY further amended to read as follows.
'Section 34-188. Motor Vehicle Impoundment and Storage Fees
The city shall charge an impoundment, notification and storage fees at the maximum
amount allowable under state law for all vehicles towed to the Fort Worth Police Department
Auto Pound The storage fees shall be computed on storage per day or part of a day for motor
vehicle storage The storage fee shall be charged for a full twenty-four-hour day for any part of a
day of storage The storage fees shall not exceed those accruable for one (1)twenty-four-hour
day if the vehicle has remained at the storage location for less than twelve (12) hours For
purposes of this section the time frame fora 'day" shall begin and end at midnight. Fees shall
be charged for abandoned motor vehicles taken into police custody at the rates herein
authorized These accrued fees shall be based on storage and impoundment:
(a) Lasting for not more than ten (10) days beginning on the day the abandoned motor
vehicle is taken into custody and ending on the day the notice of impoundment is mailed
by the police department;
(b) Beginning on the day after the day that the police department mails the notice of
impoundment and ending on the day that the accrued charges have been paid and the
vehicle has been removed
SECTION 2.
The Mayor and Council Communication ("M & C") which is presented
contemporaneously with this ordinance is hereby expressly incorporated herein by reference for
further clarification and explanation of the purposes and intent of the Council in their adoption of
this ordinance
SECTION 3.
This orclinance shall be cumulative of all provisions of ordinances and of the Code of the
City Fort Worth Texas (1986), as amended except where the provisions of this ordinance are
in direct conflict with the provisions of such ordinances and such Code in which event
conflicting provisions of such ordinances and such Code are hereby repealed
SECTION 4.
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 unconstitutional by the valid
judgment or decree of any court of competent jurisdiction such unconstitutionality shall not
effect 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
incorporation in this ordinance of any such unconstitutional phrase clause sentence paragraph
or section.
SECTION 5.
This ordinance shall take effect upon passage
APPROVED AS TO FORM AND LEGALITY
Date
,' ~
ADOPTED
EFFECTIVE ~, ~~~
2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION Approved on 10/25/2005 ORDINANCE NO 16664-10-2005 AND
ORDINANCE NO 16665-10-2005
DATE Tuesday October 25 2005
LOG NAME 35NOTIFICATION
REFERENCE NO *G-14972
SUBJECT
Adopt Ordinance Amending Article V Wreckers Chapter 34 Vehicles for Hire of the City Code and
Adopt Supplemental Appropriation Ordinance to Fund Additional Positions at the Auto Pound and
the Property Room of the Police Department
RECOMMENDATION
It is recommended that the City Council
1 Adopt the attached ordinance amending Section 34-188 of the City Code to include notification fees for
vehicle impoundments, as allowed under state law and
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts by $184 016
and increasing the FY2006 General Fund appropriations by the same amount in order to hire additional
staff for the Police Department Auto Pound and Property Room
DISCUSSION
In 1997 (M&C G-11823) the City Council adopted Ordinance No 12924 that amended Article V Wreckers
of Chapter 34 of the Code of the City of Fort Worth to increase impoundment and storage fees in Fort Worth
to the maximum allowable under State law On September 1 2005 changes in State law resulted in fee
increases at the City of Fort Worth Auto Pound The storage fee increased from $15 to $20 per day for
smaller vehicles and $30 to $35 per day for larger vehicles The estimated increase in revenue is $163 966
for this fee change alone
The 1997 ordinance did not specifically address notification fees and the rates were set by the Police
Department. This fee is collected for the certified letters and/or advertising required under State law to notify
vehicle owners of impoundments. Currently the fees are set at $15 per letter for a maximum of two letters.
Most impoundments result in two letters due to lien holders incorrect addresses, new owners, etc. Staff
recommends adding this fee to the City Code establishing the rates at the maximum allowed under State
law similar to the storage and towing fees. On September 1 2005 this maximum rate allowable under
State law increased from $32 to $50 per impoundment. This change will allow the City to recover costs
including staff time postage, and advertising costs associated with this activity The anticipated increase in
revenue is more than $68 800 depending on actual collection rates
The impoundment volume has increased by nearly 30% over the past seven years without additional staff
All of these changes combined with the changes in the wrecker contracts over the last several years have
significantly increased the workload at the Auto Pound Support services in the property room with the
growing population and volume of officers is also suffering As a result, staff recommends the addition of
four property control positions (two for the Auto Pound and two for the Property Room) and one contract
Logname 35NOTIFICATION Page 1 of 2
compliance specialist/wrecker administrator as overages in the FY2006 operating budget. The full-year cost
of $184 016 is offset by the net increase in revenue projections and they will be legitimized as permanent
positions in the FY2007 budget.
The balance of the increased revenue will be used to offset revenue losses from storage and towing
because of new limitations under State law for the assessment of costs to vehicle owners when they are
towed for evidentiary or examination purposes It is not anticipated that this change will have a significant
financial impact since most vehicles are towed due to the arrest of the driver abandonment, involvement in
a traffic accident, or being illegally parked in addition to investigative review
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that upon approval of the above recommendations and the adoption of the
supplemental appropriation ordinance funds will be available in the FY 2005-06 budget, as appropriated of
the General Fund
TO Fund/AccountlCenters
FROM Fund/AccountlCenters
GG01 5VARIOUS 0357303 $113.840.00
GG01 5VARIOUS 0357302 $70.176.00
GGO 462614 0357303 $163.966.00
GG01 462664 0357303 $68,800.00
Submitted for Cif Manager's Office by. Joe Paniagua (6140)
Originating .Department Head. Ralph Mendoza (4210)
Additional Information Contact: Susan Alanis (4221)
Logname 35NOTIFICATION Page 2 of 2