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HomeMy WebLinkAbout14226 ORD - 02/21/1978Jeu;31PD; 3-j`78 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY REPEALING ARTICLE V, CHAPTER 57, ENTITLED AUTO WRECKERS AND BY ADOPTING A NEW ARTICLE V; DEFINING TERMS; REQUIRING OPERATORS OF AUTO WRECKER SERVICES TO APPLY FOR AND POSSESS AN AUTO WRECKER PERMIT FROM THE CHIEF OF POLICE; PROVIDING FOR INSPECTION AND CERTIFICATION OF AUTO WRECKERS USED BY SAID AUTO WRECKER SERVICES; PROVIDING FOR FEES FOR APPLICATION, PERMIT AND RENEWAL OF PERMIT; PROVIDING FOR SUBSTITUTION OF WRECKERS BY PERMITTEE; PROVIDING FOR ADDITIONAL AUTO WRECKERS TO BE ADDED TO THE PERMIT OF A PERMITTEE; REQUIRING INSURANCE TO BE CARRIED BY THE PERMITTEE; REQUIRING PERMITTEE TO MAINTAIN AN ADEQUATE STORAGE AREA; MAKING PROVISIONS FOR TOWING OR MOVING OF VEHICLES; PROVIDING A SYSTEM FOR THE DISPATCHING OF WRECKERS TO THE SCENE OF DISABLED VEHICLES; REGULATING FEES AND CHARGES FOR WRECKER SERVICE; PROHIBITING THE SOLICITATION OF WRECKER BUSINESS ON PUBLIC STREETS; PROVIDING FOR REVOCATION OR SUSPENSION OF AUTO WRECKER PERMIT; PROVIDING THAT EACH AUTO WRECKER PERMIT SHALL BE NON- TRANSFERABLE: AMENDING SECTION 53-60(2) OF THE CODE; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Article V, Chapter 57, The Code of Ordinances, City of Corpus Christi, 1976 Revision, entitled "Auto Wreckers" is'hereby repealed. SECTION 2. That a new Article V, Chapter 57, entitled "Auto Wreckers ", is hereby adopted to read as follows: Sec. 57 -220. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Auto Wrecker: Any ,motor vehicle used or designed for the purpose of towing, carrying, pushing or otherwise transporting a disabled or impounded vehicle. Chief of Police: The Chief of the Police Department of the City of Corpus Christi or his designated representative. Disabled Vehicle: Any motor vehicle located on any public street, alley, or sidewalk area which is unable to be driven under its own power due to mechanical breakdown, collision, or for any other reason. MICROFILMED -JUL 0 7 1980 142,26 Impounded vehicle: Any vehicle which police officers are authorized to impound and remove under the provisions of any ordinance of the City of Corpus Christi or any law of the State of Texas. Sec. 57 -221. Permit Required. It shall be unlawful for any person, firm, corporation or partnership to drive or operate, or cause to be driven or operated, any auto wrecker for the purpose of transporting a disabled or impounded vehicle on the streets of the city in response to a request by the Police Department without first having obtained an auto wrecker permit issued under the provisions of this article. Sec. 57-222. Application- Contents, Fee. Any person, firm, corporation or partnership desiring to operate an auto wrecker or wreckers in the city shall apply in writing for an auto wrecker permit to the Chief of Police and shall in said application, state or provide the following: 1. The name and address of the owner. If the owner of the proposed auto wreckers is a partnership, the partnership's name and address shall be given, together with the names and addresses of all partners. If.the- applicant Is a corporation, the application shall state the corporate name and the office address of the corporation, together with the names and addresses of the president and secretary of the corporation. 2. For each auto wrecker which the owner desires to operate, he shall list the certification being applied for (Category A or Category B wrecker as hereinafter set forth in this article), the make, model, motor number and correct state license number. 3- All vehicles listed on the auto wrecker permit shall be owned by the permit holder. 3 4. A certificate from the City Tax Assessor - Collector that all City of Corpus Christi taxes on all property, real and personal, to be used in connection with the applicant's auto wrecker business are current. 5. The proposed location of the applicant's auto wrecker business and storage facility along with the zoning of the tracts of land on which the business and storage facility will be located. 6. A statement by the applicant that he will obey the provisions of this article and of all other ordinances and statutes applicable to motor vehicles and auto wrecker businesses. Said application shall be accompanied by an application fee of twenty -five dollars ($25.00). If the application is denied, the twenty -five dollar ($25.00) application fee shall be kept to cover the cost of reviewing the application. Sec. 57-223. Review of Application and Certification of Auto Wreckers Listed Thereon. Upon receipt of an application for an auto wrecker permit, the Chief of Police shall review said application for conformance with the provisions of this article and shall inspect and certify each auto wrecker on said application. Each auto wrecker listed on said application must meet the requirements of and be certified as either a Category A or Category B wrecker. A Category A wrecker shall meet the following requirements: 1. Be not less than 3/4 ton (minimum 7,500 lbs. gross vehicle weight) in capacity, as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be deter- mined by a testing procedure approved by the Chief of Police. 2. Be equipped with a power- operated winch, winch line and boom, with a rated or tested lifting capacity of not less than 6,000 lbs. single line capacity. If the unit does not have an y established factory -rated lifting capacity, then such capacity shall be determined by a testing procedure approved by the Chief of Police. 3. Each auto wrecker and the equipment contained thereon shall be in good mechanical condition and shall comply with all applicable City ordinances and State laws. 4. Be equipped with a tow sling or equivalent protective device, a red revolving or amber light mounted on top of the cab or the highest point of the auto wrecker and a dolly. In addi- tion, each auto wrecker shall be equipped with flashing amber towing lights to be mounted above the cab line or on the rear of the vehicle being towed to be operated if the vehicle being towed does not have.any lights that work. 5. Be equipped with booster brakes, fire extinguisher, wrecker bar, broom, shovel, and a container for the removal of broken glass and other debris. 6. The name of the owner of each auto wrecker shall be permanently affixed in clearly legible letters on all doors of each wrecker. 7. Be equipped with a police receiving set capable of clearly receiving transmissions broadcast over the radio frequency assigned to the Corpus Christi Police Department. B.- The owner or operator of each auto wrecker shall comply with all other regulations governing auto Wreckers contained in this ordinance or any other applicable ordinance of the City of Corpus Christi or the State of Texas. A Category 0 wrecker shall meet the following requirements: 1. Be not less than 3 ton tandem axle (minimum 28,500 lbs. gross vehicle weight) in capacity as reflected on the manufacturer's certificate. If the unit does not have a manufacturer's certificate, then the gross vehicle weight shall be determined by a testing procedure approved by the Chief of Police. 2. It shall be equipped with a power - operated winch, winch line and boom, with a rated or a tested lifting capacity of not less than 50,000 pounds single or double line capacity. If the unit does not have an established factory -rated lifting capacity, then said capacity shall be determined by a testing procedure approved by the Chief of Police. 3. Each auto wrecker and the equipment contained theron be in good mechanical condition and shall comply with all applicable City ordinances and State laws. 4. Be equipped with a tow sling or equivalent protective device. If the wrecker is not so equipped, it cannot be used to tow passenger vehicles, vans and trucks with a manufacturer's rated capacity of less than one ton. 5. It shall be equipped with a revolving red or amber light mounted on top of the cab or the highest point of the auto wrecker, booster brakes, fire extinguisher, wrecker bar, broom, shovel, and a container for the removal of broken glass and other debris. In addition, it shall be equipped with flashing amber towing lights to be mounted above the cab line or on the rear of the vehicle being towed to be oper- ated if the vehicle being towed does not have any lights that work. 6. The name of the owner of each auto wrecker shall be permanently, affixed in clearly legible letters on all doors on the wrecker. 7. Be equipped with a police receiving set capable of clearly receiv- ing transmissions broadcast over the radio frequency assigned to the Corpus Christi Police Department. 8. The owner or operator of each auto wrecker shall comply with all other regulations governing auto wreckers contained in this ordinance or any other ordinance of the City of Corpus Christi. Sec. 57-224. Notice of Disapproval of Application; Correction of Defects. If any application does not meet all of the requirements set forth in this article, the Chief of Police shall give notice in writing to the applicant that his application shall not be approved; said notice shall state the reasons for the refusal to approve said application for an auto wrecker permit. The applicant shall have 30 days after said notice to remedy any failure to comply with the foregoing requirements. If said applicant does not remedy any defect within this 30 day period, the Chief of Police shall refuse said application for an auto wrecker permit. Sec.57 -225. Issuance. If the application complies with the requirements of this article, the Chief of Police shall issue an auto wrecker permit upon the payment of a one hundred dollar ($100.00) permit fee for each auto wrecker which the applicant desires to operate under the permit. The application fee shall be applied to the permit fee. Sec. 57 -226. Notice of Denial; Appeal. If the Chief of Police denies an application, he shall notify the applicant in writing of said denial. Said notice shall be deemed sufficient if posted in the United States mail addressed to the business address contained in the application. The applicant shall have the right to, appeal to the City Council within 10 days of the date of the notice of denial. Said appeal shall be perfected by a letter addressed to the Mayor and City Council stating that an appeal from the ruling of the Chief of Police is desired. Upon receiving such appeal, the City Council shall, as soon as practical thereafter, and In no case more than 30 days, hear such appeal and shall sustain, modify or reverse the decision of the Clhief of Police. Pending the hearing of said appeal, the permit shall not be issued. Sec. 57 -227. Tenure of Permit. An Auto wrecker permit shall be valid for a period of one year with all permits expiring at midnight on December 31 of each year. If the January 31 expiration deadline results in a permit being for less than one year, the permit fee of one hundred dollars ($100.00) for each wrecker listed on the permit shall be prorated proportionate with the number of months remaining before December 3l. Each auto wrecker permit may be renewed by following the same procedure and paying the same fee as set forth above governing granting of the original permit. Sec. 57 -228. Permits Numbered; identifying on Vehicle. Each auto wrecker permit issued by the Chief of Police shall be numbered consecutively and each auto wrecker permit holder shall affix said auto wrecker permit number in clearly legible numerals, to all doors of the auto wreckers covered by said permit. Sec. 57-223. Substitution of Vehicles; Fee. if during the period of a permit, a permittee desires to substitute one wrecker, not covered by a permit, for a wrecker which is covered by the permit, he may do so by giving notice in writing of his inten- tion to substitute equipment. Said notice shall list the make, model, motor number and correct state license number of the auto wrecker to be substituted and whether the wrecker is to be certified as a Category A or Category B wrecker. The owner shall accompany said notice In writing by an inspection fee of five dollars ($5.00) for each substitute auto wrecker. If the equipment which the owner desires to substitute complies with the regulations contained in Section 57 -222 herein, his permit shall be amended to remove the auto wrecker he desires to remove from service and to include the substitute auto wrecker under the terms of his permit. Sec. 57 -230. Adding Vehicles; Fees. If the holder of an auto wrecker permit desires to add additional vehicles under the terms of his permit, he may do so by filing a supplemental application containing all of the information relating to auto wreckers as required by the original application and, If said proposed additional auto wreckers meet the requirements of this article, said additional auto wreckers shall be included as authorized equipment under the terms of the original permit. The fee for adding additional auto wreckers to a permit shall be ten dollars ($10.00) for each auto wrecker added for each calendar month or portion thereof remaining under the terms of the original permit. However, in no case shall a permit fee for additional auto wreckers be less than twenty -five dollars ($25.00). 80 Sec. 57-231. Insurance. Before any auto wrecker permit Is issued to a person, he shall file with the Chief of Police a certificate of insurance showing that the permittee carries public liability and property damage' insurance In the following minimum amounts: 1. For damages arising out of bodily injury to or death of any one person in any one collision -- $100,000. 2. For damages arising out of bodily injury to or death of two or more persons in any one collision -- $300,000. 3. For damage to or destruction of property in any one collision- - $50,000. The policy shall contain a clause naming the City as an additional insured and providing for 30 days notice to the Chief of Police in the event of any material change or cancellation of the policy. Sec. 57 -232. Suspension and Revocation- Procedure,,Appeals. ; Notwithstanding any penal provision contained in thls.Code, the Chief of Police shall be authorized to revoke or suspend any auto wrecker permit for a violation of the State law, City ordinance or any other regulations governing the operation of an auto wrecker if said violation is committed by any auto wrecker permit holder, his agents or employees. Such suspension or revocation shall be made in accordance with the following procedures: 1. Upon complaint against any permittee by any person, or upon his own motion, charging a violation of any provision of any City_ ordinance, the regulations governing auto wrecker permits, or any State law, the Chief of Police, after giving five (5) days notice of the grounds of such complaint to the permittee against whom the complaint is made, shall hold a hearing at which all persons with relevant information regarding the complaint shall be heard. At the conclusion of said hearing, the Chief of Police may issue a warning to the permittee or he may permanently revoke or suspend the permit. Previous warnings or suspgnsions within the preceding two (2) years . may be considered. by the Chief in making his decision. 2. If the Chief of Police suspends the permit, said suspension shall be for a period of not more than sixty.(60) days and the Chief's action shall be final. 3• If the Chief of Police revokes a permit permanently, he shall notify the permittee In writing of the reasons therefor. Said notice shall be deemed sufficient if posted in the United States mall addressed to the business address of the pernittee as contained in the original application for a permit or the latest application for a renewal thereof. The permlttee shall have the right to appeal to the City Council within ten (10) days from the date of the notice of revocation. Said appeal shall be perfected by letter addressed to the Mayor and City.Councll, stating that an appeal from the ruling of the Chief of Police is desired to the City Council. If an appeal from the decision of the Chief of Police is perfected, as herein provided, the decision of the Chief of Police shall be suspended pending a hearing by the City Council. Upon receiving such appeal, the City Council shall, as soon as practical thereafter, and in no case more than thirty (30) days, hear such appeal and shall either sustain, modify or reverse the decision of the Chief of Police. If no appeal is taken from the ruling of the Chief of Police in the time provided in this section, or if the City Council does not hear the appeal within thirty (30) days from receiving notice of appeal, the ruling of the Chief of Police shall be final and the permit revoked. Sec. 57 -233• Same - Waiting Permit After Revocation. No person, firm, partnership or corporation whose auto wrecker permit has been revoked shall be eligible to apply for a new auto wrecker • • -lo permit for a period of at least one year from the date of such revocation. Sec. 57 -234. Promulgation of Regulations. The Chief of Police is authorized to issue regulations relating to the operation of auto wreckers by holders of any auto wrecker permit consistent with the provisions of this article and designed to effectuate the general purpose of this article. Sec. 57-235. Maintenance of Place of Business and Equipment. It shall be unlawful for any wrecker permit holder to operate an auto wrecker under said permit unless he maintains his place of business, his storage facility and all of his equipment in a manner that they continuously comply with the provisions of this article and the zoning, fire prevention and other ordinances of the City of Corpus Christi. Sec. 57 -236. 24 -Hour Service. Each permit holder shall provide 24 -hour wrecker service,and have at least one telephone number which is answered 24 hours a day, 7 days a week. Sec. 57-231. Vehicle Storage Place; Attendant at Business Address and Storage Area. The holder of an auto wrecker permit shall maintain a suitable place of storage for automobiles located at the business address of said permit holder. Said storage area shall be located in a zoning district allowing auto wrecker business and shall be fenced by a wire or wooden fence at least six feet in height or as required by the zoning ordinance, whichever requirements are greater. The fence shall be equipped with reasonably secure locked gates and the storage area be lighted at night. Each holder of an auto wrecker permit shall have a responsible person present at the business address and storage area of the permittee during normal business hours. Prior to the issuance of an auto wrecker permit, ll the Chief of Police shall inspect such storage area to determine that it meets the provisions of this section and is reasonably secured to protect stored vehicles against theft and vandalism. He shall also check with the Department of Planning and Urban Development to ascertain whether the storage area is located in a zoning district which allows auto wrecker businesses. Sec. 57-23$. Prerequisite to Towing Impounded or Disabled Vehicles No auto wrecker shall be permitted to tow or otherwise transfer or transport any impounded vehicle unless said auto wrecker shall be covered by a permit as required herein. Sec. 57 -239. Transfer of Disabled Vehicles by Wrecker not under Permit. No disabled vehicle shall be moved by any auto wrecker not covered by a required permit unless the owner or driver of said disabled vehicle personally calls an auto wrecker of his own preference prior to.the time that the.auto wrecker "on call" has been sent by the police dispatcher. Sec. 57 -240. Dispatching_ in Rotation. The Chief of Police shall maintain a list of permit holders and shall establish a fair and equitable system whereby each permit holder is dispatched to the scene of an impounded or disabled vehicle in rotation. No police officer shall'cause any auto wrecker to go to the scene of a disabled vehicle except in compliance with the rotation system established by the Chief of Police; provided, however, auto wreckers covered by auto wrecker permits may be dis- patched to the scene of a disabled vehicle without regard to the rotation system if (a) an extreme emergency exists wherein a human life is at stake, or (b) if the owner or driver of a disabled vehicle requires the police dispatcher to send a specific auto wrecker covered by an auto wrecker permit prior to the time that the auto wrecker "on call" has been sent to the location of a.disabled vehicle. No police officer, acting in the scope of his authority, shall send, or cause to be sent, to the scene of a disabled vehicle, any auto wrecker not operated by the holder of an auto wrecker permit. No police officer shall suggest or recommend that the owner or driver of a disabled vehicle call any auto wrecker other than the one "on call" in accordance with this section. Sec. 57-241. Soliciting Wrecker Business on City Streets Prohibited Presence at Scene of Collision as Prima Facie Evidence of Violation. No permit holder or his employee shall solicit in any manner, directly or indirectly, on the streets of the city, wrecker business involving any vehicle which is disabled or wrecked on a public street. This prohibition applies regardless whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, selling or purchasing such vehicle. Proof of the presence of any - person engaged in the wrecker business or the presence of any wrecker, whether or not certified or identified under the provisions of this article, except a wrecker called pursuant to the provisions of this article, at or near the scene or site of a wreck or collision on any public street in the city after the happen- ing of a wreck or prior to the removal of all disabled or damaged vehicles shall be prima facie evidence of solicitation in violation of this section. Sec. 57 -242. Responding to Calls, Each auto wrecker permit holder who desires to be on the rotation list maintained by the Chief of Police shall respond to all assign- ments given by the dispatcher during any hour of the day or night for the period that said permit holder is scheduled to receive calls from the police dispatcher in accordance with said rotation system. The permit holder shall arrive at the accident within a reasonable a .• time after notified to do so by the Police Department; such response time not to exceed 30 minutes. Sec. 57 -243. Removal of Wreckage and Debris, Etc. at the Scene of an Accident. The permit holder shall completely remove from the site of an. accident all resulting wreckage and debris, including all broken glass and metal fragments but excluding the vehicle cargoes before leaving the site. This debris shall be disposed of in a manner which will keep it out of the gutters, storm sewers, streams, public right - of-way and property not belonging to the wrecker company, without the consent of the property owner. "Sec. 57 -244. Notice of Location of Storage Facility. The permit holder shall, upon arriving at the scene of a dis- abled vehicle, and prior to towing said vehicle away from the scene, if the owner or operator of the vehicle is at the scene and able to receive information, give to the owner or operator of said vehicle a card which notifies the owner or operator that his vehicle will be towed to the permit holder's storage facility unless the owner or operator requests that the vehicle be towed elsewhere. Said card shall state the location of the permit holder's storage facility and his business telephone number." Sec. 57-245'. Prohibitin Driving of an Auto Wrecker by a Person Cited for Certain Traffic Violations. A permit holder shall not allow a permitted wrecker to be driven by anyone that has received citations for three moving traffic violations while driving a wrecker within any 12 -month period. not arising out of the same incident. The Police Department shall notify the permit holder of any such citation issued to a wrecker driver or a permit holder. The permit holders shall supply the Police Department with a list of drivers semi - annually. Sec. 57-246`: Reassembly of Parts. Whenever it becomes necessary to disassemble parts to a vehicle in order to tow said vehicle, the permit holder shall reassemble such parts upon reaching his storage facility if requested by the owner or if the vehicle is to be reclaimed by the owner at the permit holder's storage facility. 14 Sec. 57-247. Storing Wreckers on Public Streets or Rights -of -Way Prohibited. No permit holder shall store any vehicle or wreckers on the public streets or rights -of -way. Sec. 57 -248. Dispatching of Category A and Category B Wreckers. if a rotation wrecker is dispatched to the scene of .a disabled vehicle, the Police Department will tell the permit holder how many wreckers to dispatch, and whether the wreckers to be dis- patched are Category A or Category B wreckers. Permit holders shall dispatch only the number and type of wreckers requested by the Police Department. Sec. 57 -249. Officer at the Scene. A police officer shall stay at the scene of an accident until the scene is completely cleared whenever practical. Sec. 57 -2.50. Emergency Dispatches. No auto wrecker shall be dispatched to the scene of an impounded or disabled vehicle under a Signal 17 (emergency run) without a police escort. Sec. 57 -251. Maximum Wrecker Service and Storage Fees. The maximum fees to be charged for a wrecker dispatched under the rotation system provided for in this article for the towing and storage of disabled vehicles are as follows: Category A Wreckers Collision haul or normal tow $2S<.00 Use of dollies 10.00 Winching for removal of a vehicle from a ditch, 10.00 each righting an overturned vehicle or for similar unusual circumstances. Total maximum towing fee including a collision haul or normal tow and additional labor as itemized above 45.00 Additional fee for each hour or portion thereof at the scene in excess of one hour 10.00 150 Category B Wreckers Collision haul or normal tow for first hour at the $50.00 scene Each additional hour or portion thereof at the scene 25.00 not caused by delay on part of the Permittee Storage Fees Vehicles with rated capacity of one ton or less $ 2.00 per day according to manufacturer's rating (including but not necessarily limited to passenger cars and pickup trucks up to and including one ton) Vehicles with rated capacity in excess of one ton $ 5.00 per day according to manufacturer's rating The permittee shall attach to a copy of each customer Invoice for, services rendered under the rotating system established by this article, a form showing the maximum fees allowed to be charged for such services under the provisions of this article. The forms to be attached to the customer invoices shall be provided by the City. Failure to attach said forms to said invoices shall be cause for revocation of an auto wrecker permit. The maximum fees to be charged for the towing and storage of an Impounded vehicle are those established by Section 13- 49(1), Section 13- 49(2), Section 53-60(2), and Section 53-60(3) of the Code of Ordinances, City of Corpus Christi. SECTION 3. That Section 53-60(2) of the Code of Ordinances, City of Corpus Christi, 1976 Revision, Is hereby amended to read as follows: Upon a payment of a towing fee of ten dollars ($10.00). However, if additional items of labor must be performed not included in a normal tow such as, but not limited to, use of a dolly, disengaging of a driveshaft, and removal from a ditch, the fee shall be fifteen dollars ($15.00). If more than one of the above items of labor must be performed, the fee shall be twenty dollars ($20.00). in no event shall the total towing fee exceed twenty dollars ($20.00). SECTION 4. Auto wreckers holding a currently valid auto wrecker permit shall have sixty (60) days from final passage of this ordinance to comply with the provisions hereof. 16 i SECTION 5.. if for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment in a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof shall be given full force and effect for its purpose. SECTION 6. Publication shall be made one time in the official publication of the City of Corpus Christi, which publication shall contain the caption stating in substance the purpose of this ordinance. i That the foregoing ordinance was read for the first time and passed to its second reading on this the," day of �G v 19 � � , by the following vote: Gabe Lozano, Sr.� Bob Gulley David Diaz Ruth Gill Joe Holty Tony Juarez, Jr. Edward L. Sample That the foregoing ordinanc was read f e second time and p sed to its third reading on this the_) of . 19L, by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample AU That the foregoing ordi nanoeWas read or the third time and passed finally on this the_L.1— day of . 19 by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample PASSED AND APPROVED, this the IS day of . 197V ATTEST: "ty Secretary NAYOR THE CITY OF RP ISTI, TEXAS APPROVED: J / DAY 0 19 V ; J. BRUCE AYCOCK, CITaTTORNEY By. Assista y Attorney 14�,c� NOTICE OF i+ASSA­GE OF ORDINANCE NO 147/6 AMENDING THE CODE OFI (ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REV" SION, BY REPEALING AR- TKLE V, CHAPTER 57, EN- ITLED AUTO WRECKERS NO BY ADOPTING A NEW RTICLE V; DEFINING ERMS; REQUIRING OPER• TORS OF AUTO WRECKER SERVICES TO APPLY FOR NO POSSESS AN AUTO WRECKER PERMIT FRO HE CHEIF OF POLICE; PROVIDING FOR IN SPERION AND CERTIFICA ION OF AUTO WRECKER USEDBY SAID AUTO WRE- CKER1SERVICES; PROVID- ING FOR FEES FOR APPLiw CATION, PERMIT ANDS RENEWAL OF PERMIT;; _PROVIDING FOR_S_UB STITUTION OF WRE'CKERSI IBY PERMITTEE; PROVI6 ! ING FOR ADDITIONAL AUTO WRECKERS TO BE ADDED TO THE PERMIT OF APEtiMITTEE; REQUIRING 'INSURANCE TO BE ; RIED BY HE PE EQUIG— MTTEEI RRERMI.7TEE; ' TO MAINTAIN AN ADE -, IQUATE STORAGE AREA; ,MAKING PROVISIONS FO ITOW ING OR MOVING OF VE- HICLES; PROVIDING A SYS- TEM FOR THE DIS PATCHING OF. WRECKER ITO THE SCENE OF DI LAB VEHICLES; REGU (EATING FEES AN i CHARGES FOR WRECKER SERVICE; PROHIBIT, THE SOLICITATION O WRECKER 'BUSINESS O PUBLIC STREETS; PROM ING FOR REVOCATION OR SUSPENSION OF AUT WRECKERS PERMIT; PRO• VIDING THAT EACH AUT� ,WRECKER PERMIT SHALL ,BE NON - TRANSFERABLE; I AMEND ING SERION 5& 160(7) OF THE CODE; PRO VIDING FOR PUBLICATION; AND PROVIDING ASAVINGS CLAUSE. WAS PASSED AND APPROV. ED by Ore Uty Council of th j City of Carpus Christi, Texas during the Regular CouncI Meeting, held on March 15, t :17:00 p.m. and provides that !shall ba In full force arltl effect Ir'm and after "spas a ! publlcalbn one tl.,, the dal 1x16171,1 n of the qty oB Corpus Christi, Texas. ISSUED UNDER MY HAN AND SEAL of the City of Cor Pus Christi, Texas, this 16th de of March, 1978. -s-Bill G. Read City Secretary __ __ ­Corpus Christy Texas A — PUBLISHER'S AFFIDAVIT STATE OP- TEXAS, PICM County of Nueces. TEAF O Before me, the undersigned, a Notary Public, this day personally came ....... C, Div ina Pulido who being first duly sworn, according to law, says that he is the . ....... . ............... . of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus Christi. Texas, in said County and State, and that the publication of _aq& S . ItFOTI CE OF PASSAGE OF ORDNANCE NO. 14226 amending THE CODE OF ORDINANCES... of which the annexed is a true copy, was published in __LALLER_TLES.__._ on the 20 day of ------ _._.Times. I 5 v�ria Ming 0.40 Subscribed and sworn to before me this_...... Z� ..... . . day or, . ......... Mar ... .............. 19 8 Eugenia S. Cortez 140- Pubile- Nueces County, Texe jkh:3 -2 -78; 1st MOTION David Diaz moved and Edward L. Sample seconded the motion that the ordinance read on the first of three readings on February 22, 1978, relating to amending the Code of Ordinances by adopting new provisions under Article V, Chapter 57, entitled "Auto Wreckers ", be amended prior to its second reading by amending Sec. 57 -248. Maximum Wrecker Service and Storage Fees, Category A Wreckers, the first item thereunder reading, "Collision haul or normal tow, $20.00 ",to instead provide for a fee of $25.00. Motion passed unanimously March 1, 1978. r jkh:3 -15 -78 DD MOTION av moved and ��Q ,� ��rr✓(Q �- SECONDED THE MOTION THAT qHE ORDINANCE READ ON THE FIRST TWO OF THREE READINGS, ON FEBRUARY 22, 1978, AND MARCH 8, 1978, RESPECTIVELY, CON- CERNING AMENDING THE CODE OF ORDINANCES BY ADOPTING NEW PROVISIONS UNDER ARTICLE V, CHAPTER 57, ENTITLED "AUTO WRECKERS ", BE AMENDED PRIOR TO ITS THIRD AND FINAL READING AS FOLLOWS: 1. Insert a new Section 57 -244, to be entitled, "Notice of Location of Storage Facility," and reading as follows: "Sec. 57 -244. Notice of Location of Storage Facility. The permit holder shall, upon arriving at the scene of a dis- abled vehicle, and prior to towing said vehicle away from the scene, if the owner or operator of the vehicle is at the scene and able to receive information, give to the owner or operator of said vehicle a card which notifies the owner or operator that his vehicle will be towed to the permit holder's storage facility unless the owner or operator requests that the vehicle be towed elsewhere. Said card shall state the location of the permit holder's storage facility and his business telephone number." 2. That the present Section 57 -244 be renumbered to Section 57 -245, and each succeeding section be upnumbered accordingly. Motion passed unanimously, this thefL_-E� day of 1978.