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Ord 005-95 1/3/1995• t ORDINANCE NO. 5,-- a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 29, ARTICLE XI, SECTIONS 29 -256 THROUGH 29 -275, REGULATING THE WRECKER BUSINESS IN THE CITY OF WICHITA FALLS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; DECLARING AN EMERGENCY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, there is a need for regulation of the wrecker business within the City of Wichita Falls due to its impact on the safety and welfare of the citizens within our community; and, WHEREAS, this ordinance is not intended to regulate the wrecker business in the areas of rates or charges that they may charge; and, WHEREAS, due to the number of disabled vehicles that impede city streets, it is necessary to insure the citizens a safe traffic system within the City of Wichita Falls. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 29, Article XI of the Code of Ordinances is hereby amended to read as follows: "ARTICLE XI. WRECKER BUSINESS REGULATIONS Section 29 -256. Definitions The following words, terms and phrases when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Contract Wrecker /Contractor: A wrecker operator who has successfully bid upon the wrecker specifications set out by the City, and who has been awarded a contract by the City for police - directed tows. Emergency Call: Any call and request for wrecker service arising out of, from, or as a result of a wreck, motor vehicle accident or collision on the public streets, highways and alleys lying within the corporate limits of the City, or any call for wrecker service initiated by the City at any other time, whether such call is transmitted by a private individual or person, or by telephone, or by transmitted by radio or otherwise. • P � Police Department: The Chief of Police, supervisors, police officers, and dispatchers of the City's Police Department only. Wrecker: A truck - mounted crane or A- frame, with either a power mechanical boom and hoist, or winch and hoist, or any combination thereof, which vehicle is commonly used to move, tow and convey wrecked and disabled motor vehicles, trailers, vehicles or semi- trailers or both from the scene or site of a wreck, motor vehicle accident or collision. Wrecker Operator: Any person who owns or operates a wrecker within the corporate limits of the City who is regularly engaged in the business of repairing, rebuilding, restoring, wrecking, selling or trading wrecked and disabled motor vehicles, trailers, vehicles, or semi - trailers, or both, and who maintains his principal place of business within the corporate limits of the City. Sec. 29 -257. Towing for City. No person shall provide wrecker service to the City without first executing a contract therefor with the City; provided, however, nothing in this section shall prohibit the City from utilizing the services of non - contract wreckers for towing services originating outside the corporate limits of the City. Sec. 29 -258. Contract Wrecker Service. The City shall have the power and authority to prepare specifications for bidding by wrecker operators. Upon award by the City Council, the City Manager or his designee shall execute a contract with the successful bidder. The Contractor Wrecker shall respond upon request of the City to the site of any wreck, motor vehicle accident or collision occurring within the corporate limits of the City, or to any other scene or site at which the services of a wrecker are required by the City. Sec. 29 -259. Towing by vehicle other than wrecker. Vehicles may be pushed or towed by another vehicle other than the Contract Wrecker only when they do not reasonably require removal by a wrecker, and only when such may be done in a safe manner, and such removal is excluded from all coverage of this article, except Section 29 -260 concerning solicitation. Sec. 29 -260. Soliciting wrecker business at the scene of accidents prohibited; Presence at scene as evidence of violation. No person may solicit in any manner, directly or indirectly, on the streets of the City the business of towing a vehicle which is wrecked or disabled on a street, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing the vehicle. Proof of the presence of a person engaged in the wrecker business or the presence of a wrecker or motor vehicle owned or operated by a person engaged in the wrecker business, either as an owner, operator, employee or agent on a street in the City, at or near the scene or site of an accident which has not been called to the scene by the Chief of Police or his designee, or the operator of the vehicle, within thirty (30) minutes after the happening of an accident is prima facie evidence of a solicitation in violation of this section. Sec. 29 -261. Police officer not to influence selection of wrecker service. A police officer investigating or present at the scene of any wrecker collision shall not directly or indirectly recommend to any person the name of any wrecker business, nor shall any such police officer influence or attempt to influence in any manner the decision of any person on choosing or selecting a wrecker. Sec. 29 -262. Cleaning of debris; duty of operator. It shall be the duty of the operator of the wrecker responding to a call to the scene of an accident or collision to clean up and remove the debris resulting from such accident or collision. Sec. 29 -263. Insurance requirements. A wrecker operator agrees to maintain current and effective bodily injury and property damage, automobile liability insurance, in the minimum amounts as required under the Texas Tow Truck Act and Regulations, as established by the Texas Railroad Commission. Sec. 29 -264. Storage rates for vehicles kept on City impound lot. In addition to a Ten ($10.00) Dollar administrative fee to cover cost of preservation and notification for all stored vehicles on the City's impound lot, the City of Wichita Falls shall charge a storage fee of Ten ($10.00) Dollars per day, with each day commencing at the time the vehicle is placed in storage. Commencing with the second twenty -four (24) hour period of storage, the City shall charge a storage fee of Ten ($10.00) Dollars per day, computed on a basis of twenty -four (24) hours. All fees shall be paid prior to the vehicle being released. Should the owner and all lienholders of record not reclaim the motor vehicle by the 20th day after notice of custody has been mailed by the police department pursuant to Vernon's Annotated Civil Statutes, Article 4477 -9(a), Section 5.03, the motor vehicle shall be deemed abandoned, and the police department shall sell the motor vehicle at public auction. From the proceeds of the sale, the police department shall reimburse itself for the expense of the auction, the cost of preservation, storage, notification, publication costs and towing costs, if any remain unpaid. Any remainder of the proceeds of a sale shall be held for the owner or any entitled lienholders for ninety (90) days, and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storing, and all notification and publication costs that result from the placing of another abandoned vehicle in custody if the proceeds from the sale of another abandoned vehicle are insufficient to meet these expenses and costs. The Director of Finance shall also establish a separate revenue fund account pursuant to Vernon's Annotated Civil Statutes, Article 4477 -9(a), Section 5.04. Sec. 29 -265. Penalty. The violation of any provisions of this article is hereby declared to be unlawful, and upon conviction, the violator shall be punished by a fine of not less than Fifty ($50.00) Dollars, nor to exceed Two Hundred ($200.00) Dollars. Sec. 29 -266. Application of conflicting ordinances. All ordinances of the City of Wichita Falls, Texas, in conflict with this article are hereby declared inapplicable to the extent they conflict with provisions of this article. Sec. 29 -267. Repealed. Sec. 29 -258. Repealed. Sec. 29 -269. Repealed. Dispatch of rotation wreckers through an authorised agent. Dispatch of rotation wreckers through police communications center. Police officer not to influence selection of wrecker service. Sec. 29 -270. Driving wreckers to scene of collision prohibited; exceptions. Repealed. Sec. 29 -271. Duties of permit holders. Repealed. Sec. 29 -272. Administrative disposition of violations. Repealed. Sec. 29 -273. Procedures for administrative disposition of violations; appeals. Repealed. Sec. 29 -274. Penalty. Repealed. Sec. 29 -275. Application of conflicting ordinances. Repealed. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. Should any section, paragraph, sentence, clause, phrase or word of this ordinance be declared unconstitutional or invalid for any purpose, the remainder of this ordinance shall not be affected thereby. SECTION 4. This ordinance is declared to be an emergency measure, and shall be effective immediately upon its passage. SECTION S. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this t 3r day of n , 9 M A Y O R ATTEST: City Clerk ORDINANCE NO. 1 -95 ORDINANCE REZONING 5.07 ACRES OUT OF WEST- MORELAND PARK AND AD- JACENT PROPERTIES, A SUBDIVISION OF BLOCKS 5 & 8, DENTON COUNTY SCHOOL LAND, LEAGUE 1, FROM HEAVY COMMERCIAL (HC) TO SINGLE FAMILY RESI- DENTIAL (SF -2). (CASE R 94 -I1); FINDING AND DE- TERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 2-95 ORDINANCE REZONING 17.94 ACRES OUT OF WEST- MORELAND PARK AND AD- JACENT PROPERTIES, A SUBDIVISION OF BLOCK 8, DENTON COUNTY SCHOOL LAND, LEAGUE 1, FROM SINGLE FAMILY RESIDEN- TIAL TO GENERAL COM- MERCIAL; FINDING AND DE- TERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW ORDINANCE NO. 3_95 ORDINANCE APPROPRIAT- ING FUNDS FROM GENERAL FUND EQUITY FOR THE CITY'S PARK MATCHING PORTION OF THE RE- CONSTRUCTION OF KEMP BOULEVARD FROM 9TH STREET TO KELL; FINDING AND DETERMINING THAT THE MEETING AT WHICH ;;THIS ORDINANCE WAS fP PASSED WAS OPEN TO THE " PUBLIC AS REQUIRED BY ° LAW. ORDINANCE NO.4 -95 A N O R D I N A N C E AUTHORIZING AND ALLOW- ' ING, UNDER THE ACT GOV- ERNING THE TEXAS MUNICI- ' PAL RETIREMENT SYSTEM, ".UPDATED SERVICE CREDITS" IN SAID SYSTEM ON AN ANNUAL BASIS FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO AT THE EFFECTIVE DATE OF THE ALLOWANCE ARE IN THE EMPLOYMENT OF THE CITY OF WICHITA FALLS; PROVID- ING FOR INCREASED PRIOR AND CURRENT SERVICE AN- NUTIES FOR RETIREES AND BENEFICIARIES OF DE- CEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR THE ORDINANCE ORDINANCE NO.5 -95 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 29, ARTICLE X1, SECTIONS 29 -256 THROUGH 29 -275, REGU- LATING THE WRECKER BUSINESS IN THE CITY OF WICHITA FALLS; REPLEAL- ING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE; DECI.IARING AN EMERG- ENCY; AND - FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC'' AS REQUIRED BY LAW Affidavit of Publication THE STATE OF TEXAS Ad #601620 COUNTY OF WICHITA Here) On this 23rd day of January A.D.....1 . 9 5.... personally appeared before me, the undersigned authority Mary E. Newell bookkeeper for the Times Publishing Company of Wichita Falls, publishers of the Wichita Falls Times /Record News, a newspaper published at Wichita Falls in Wichita County, Texas, and upon being duly sworn by me, on oath states that the attached advertisement is a true and correct copy of advertising published in one ( 1 ) issues thereof on the following dates: January 22, 1995 Bookkeeper for Tip, es Publishing Company of Wichita Falls �5g,A Subscribed and sworn to before me this the day and year first above written: