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repealed.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.
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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
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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).
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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
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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,
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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.
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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.
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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.
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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.