HomeMy WebLinkAbout032867 ORD - 09/20/2022Ordinance amending sections 57-231, "Denial, suspension and
revocation of permit —procedure, appeal"; 57-233, "Promulgation of
wrecker regulations"; 57-243, "Responding to calls"; and 57-249,
"Maximum auto wrecker service and storage fees" of the City Code
and providing for severance, publication, and an effective date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS THAT:
SECTION 1. Section 57-231 of the Corpus Christi City Code is hereby amended by
adding language that is underlined (added) and deleting the language that is stricken
(deletcd) to the existing text as set forth below:
Sec. 57-231. Denial, suspension and revocation of permit —Procedure, appeal.
(a) The chief of police may deny an application, suspend, or revoke a permit if the
applicant, owner or wrecker company has:
(1) A criminal conviction, or has pleaded guilty or nolo contendere to an offense,
before the date of the application, for a felony or a misdemeanor punishable by
confinement in jail or by a fine in an amount that exceeds five hundred dollar
($500.00);
(2) Violated any provisions of V.T.C.A.,Texas Occupations Code el Chapter 2308,
rules or regulations promulgated by the Texas Department of Licensing and
Regulation, any provisions of the city ordinance, or rules or regulations
promulgated by the chief of police including an order for sanctions or
administrative penalties;
Knowingly submitted false or incomplete information on the application, or the
applicant failed in any material way to comply with this article;
The applicator owner ha ha'JHad a permit revoked under this chapter; or
The applicant nr owner is delinquent delinquency on outstanding fines or fees
Ulll VI VVYII
due to the Texas Department of Licensing and Regulation or the city.
(6) Demonstrated a pattern of violations of this article or regulations promulgated by
the Texas Department of Licensing and Regulation within the last 2 years.
(7) Demonstrated conduct which would violate the trust of the citizens at large of
the City within the last year.
(b) Notwithstanding any penal provisions contained in this Code, the chief of police shall
be authorized to deny, revoke or suspend any auto wrecker or rotation list permit for
a violation of the state law, city ordinance or any other rules or regulations governing
the operation of an auto wrecker, if committed by an auto wrecker owner, his agents
or employees. Such denial, suspension or revocation shall be made in accordance
with the following procedures:
(1) Upon complaint by any person or the chief of police or motion against any owner,
agent or employee of a wrecker company for violating any provision of the city
(3)
(4)
(5)
032 867
SCANNED
ordinance, the chief of police and Texas Department of Licensing and Regulation
rules or regulations governing auto wrecker, or state law, the chief of police e-r
his designee, after giving ten-(10) days' notice of the grounds of such complaint
to the wrecker company shall hold a hearing. The notice shall contain the specific
ordinance or state law violations alleged. After proper notice is given and the
owner fails to appear for the hearing, the chief of police or his designee may
proceed with the hearing by taking testimony or evidence from any person or
witnesses who are present. For good cause and at the chief of police's or his
designee's sole discretion, a hearing may be rescheduled one {1) time at the
owner's request provided that the chief of police or his dcsigncc receive the
written reschedule request at least two {2) working days before said hearing. At
the conclusion of said hearing, the chief of police or his designee may issue:
a. A warning to the owner;
b. Deny the permit; or
c. Permanently revoke or suspend the permit.
Previous warnings or suspensions within the preceding two {2) years may be
considered by the chief of police or his designee in making the decision.
(2) If the chief of police or his designee suspends the permit, the suspension shall
not be more than s(60) days. The chief's action shall be final.
All suspensions and revocations shall apply to the wrecker company and its
permitted affiliates.
(4) If the chief of police or his designee revokes a permit permanently, suspends, or
denydenies a permit, he shall notify the owner in writing. The notice shall be
deemed sufficient if deposited in the United States mail addressed to the owner's
business address as contained in the original or renewal application for a permit,
and by electronic mail or facsimile.
The owner shall have the right to appeal the chief of police's decision to revoke
a permit, suspend a permit, or deny a permit application, within ten-(10) days
from the date of the notice of revocation, suspension or denial, by sending a
letter addressed to the city manager stating that an appeal from the chief of
police's decision is desired. If an appeal is perfected, the chief of police's
decision shall be suspended pending a hearing by the city manager or his
designee. If no valid permit exists at the time of the hearing, the owner's
business shall remain unpermitted. The city manager or his designee shall
promptly, within thirty (30) days, hear such appeal and shall either sustain,
modify, or revoke the chief of police's decision. If no appeal is taken or if it is
untimely filed, or if thc city manager or his designee does not hear the appeal
within thirty (30) days from receiving the noticc of app I, thc chief of policc's
decision shall be final and the permit is denied revoked er su penned When a
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permit revocation is upheld, the owner shall remove, within five {5) working days,
the city permit number from the sides of all wreckers previously permitted and
the annual permit decal from the windshields.
(3)
L5J
SECTION 2. Section 57-233 of the Corpus Christi City Code is hereby amended by
adding language that is underlined (added) and deleting the language that is stricken
(dcletcd) to the existing text as set forth below:
Sec. 57-233. Promulgation of regulationGAdministration.
The police chief shall administer and enforce this article. The city may enter into a
contract to delegate authority to administer all or part of this article to a third -party vendor,
other than:
1) any law enforcement authority related to Sec. 57-221; or
2) the right to choose which towing companies will perform towing services for police -
initiated tows.
Selection of a vendor shall be done in accordance with the laws of the State of Texas. If
the city enters into such a contract, the contract shall specify the authority and
responsibilities of the third -party vendor or towing companies. Any responsibilities
outlined in this article that are not delegated to the third -party vendor or the towing
companies through the contract are retained by the police chief.
The chief of police is authorized to issue rules and regulations relating to the operation
of auto wreckers consistent with the provisions of this article and designed to effectuate
the general purpose of this article. Violation of any provisions of the chief of police rules
and regulations may result in denial, suspension, or revocation of the auto wrecker permit
and/or denial or removal from rotation list. The appeal process described in section 57-
231 will apply to alleged violations of any such provisions.
SECTION 3. Section 57-243 of the Corpus Christi City Code is hereby amended by
adding language that is underlined (added) and deleting the language that is stricken
(deleted) to the existing text as set forth below:
Sec. 57-243. - Responding to calls.
(a) Each owner or wrecker company on the rotation list shall have sufficient personnel,
equipment, and auto wreckers to respond to all tow assignments given by the police
dispatcher. Response time shall not exceed thirty(30) minutes for Category A Wreckers
and 60 minutes for Category B wreckers after the police dispatcher's notification of the
assignment.
(b) The owner, his agent or employee shall not refuse an assignment except for safety
reasons or if all owner's auto wreckers are already performing other police tow work. If
the owner, his agent or employee refuses an assignment, he must notify the police
dispatcher of the reason. Documentation may be required if the reason is auto wrecker
equipment failure or prior tow work.
(c) If an owner or wrecker company fails to respond or refuses an assignment, the police
chief may revoke or suspend the wrecker company or owner's auto wrecker rotation list
permit.
(d) A revocation or suspension may be appealed in the manner set out in section 57-
231.
SECTION 4. Section 57-249 of the Corpus Christi City Code is hereby amended by
adding language that is underlined (added) and deleting the language that is stricken
(delcted) to the existing text as set forth below:
Sec. 57-249. Maximum auto wrecker service and storage fees.
The following towing fees shall be paid by the person reclaiming the towed vehicle:
(1) Fees associated with police -initiated nonconsent rotation list or incident
management tows will be paid to the city at the city vehicle impound lot.
(2) All other fees will be paid to the auto wrecker company according to that
company's policy.
(3) If a vehicle owner or operator pays a drop fee and the police officer at the
scene authorizes the release of a vehicle after an auto wrecker has arrived at
the scene and started physically attaching the vehicle to the auto wrecker but
before the vehicle has been towed from the location, then the auto wrecker
owner or driver shall release the vehicle.
(4) Maximum towing, storage and administrative fees.
a. Category A auto wrecker (Vehicle Weight of 10,000lbs or less):
1. Normal rotation list nonconsent tow (includcs doublc hook up and towing
+r and trailer (1 $150.00$180.00
2. Private property impound...$145.00$155.00
3. Drop fee... $50.00
4. Four wheel drive tow truck utility fee...$75.00
(remote beach/off-road tows only)
5. Additional allowable labor charge for unusual circumstances such as
winching for removal from a ditch or water, or righting an overturned
vehicle ...$30.00$50.00
6. Total maximum towing fee including the use of dollies and additional labor,
but excluding additional time at the scene and unusual distance:
(i) Rotation list tow...$255.00$305.00
(ii) Private property impound tow...$145.00$155.00
7. Additional fee for each half-hour or portion thereof at the scene in excess of
one-half hour not caused by delay on the part of the permit holder, per
thirty (30) minutes... $25.00$50.00
8. Unusual distance charge:
(i) Additional fee for a tow originating from US 77/IH 37 and from the area
within city limits west of US 77/IH 37...$25.00$50.00
(ii) Additional fee for a tow originating from the area within city limits east
of the JFK Causeway Bridge to Port Aransas city limits...$25.00$50.00
(iii) Additional fee for a tow originating from the area within the city limits
north of Burleson St. to Portland city limits...$50.00
(iv) Additional fee for a tow originating from outside city limits...$50.00
9. Cleanup only, no tow required...$60.00
(debris only, not including hazardous material clean ups)
b. Category B auto wreckers:
1. Normal rotation list nonconsent tow (includes double hookup and towing of
tractor and trailer as one (1) unit, removal of shaft or axle, application of
air to brake system, and/or caging brakes, to prepare for tow)... $475.00
(i) Medium Duty Tow - Vehicles weighing from 10,001 lbs. to 24,999
Ibs... $475.00
(ii) Heavy Duty Tow - Vehicles weighing 25,000 Ibs, or more...$400 per
hour with a two-hour minimum. After the first two hours, an additional
hourly charge will be applied every'/4 hr. at a rate of $100 per hr.
2. Additional fee allowed in subsection (4)b.1. above, for unusual
circumstances not utilizing a rotator such as includcs rigging up, winching
for removal from ditch or water, or righting an overturned vehicle., clean
up, or for similar unusual circumstances, per hour... $350.00$450.00
3. Private property impound (include double hookup and towing of tractor
and trailer as one (1) unit, removal of shaft or axle, application of air to
brake system, and additional labor such as cleanup, winching for removal
from ditch or water, righting an overturned vehicle, pulling an axle or for
similar unusual circumstances) ...$520.00
4. Additional costs for specialized equipment owned by the towing company
or one of its other entities, such as: a crane, backhoe, forklift, or air baq
recovery system, may charge actual cost (within industry standard); if the
towing company is leasing or renting equipment, a maximum of twenty-
five (25) per cent up charge may be added.
5. Rotators will be set at a rate of 850.00 per hour, with a two-hour minimum
charge. Once the third hour begins, an additional hourly charge will be
applied every'/4 hr. at a rate of $212.50 per 1/4 hr. Should the rotator be
utilized as a conventional Category B Heavy wrecker, the tow will be
charged within the guidelines of section 57-249(4)(b)(1) & (2).
c. Daily storage fees: The maximum amount authorized pursuant to Texas
Administrative Code Sec. 85.722, with the exception of recovered stolen
vehicles, which shall accrue at a rate of $5.00 Storage for all or part of the
first twenty four (24) hours, and for each subsequent twenty -four-hour
period or part thereof:
1. Recovered stolen vehicics...$5.00
2. T
Vehicles not longer than twentyfive(25) feet...$�20.00
.3 Vyhicton tes garcc Tan wecntyfi,�e (2iv5)-feet -5,7O
d. Impoundment fee: Impoundment fee for any action that is taken by or at
the direction of the owner or operator of the facility and is necessary to
preserve, protect, or service a vehicle stored or parked at the facility be
assessed in accordance with Texas Administrative Code Sec. 85.722.
...$20.00
e. Notification fees for: Vehicle registration research, certified letters,
newspaper advertisements and preparation necessary to inform the last
registered owner and lien holder(s). Can be charged only if actually
performed...$50.00
f. Administrative fee: per vehicle recovered by owner from city vehicle
impound lot (only payable to city)...$20.00
g. Third Party Tow Management Fee: Administrative cost per vehicle
recovered by owner at vehicle storage facility... contract price per
agreement approved by City Council.
{5) Multiple vehicles.
too large or too heavy to bc safely towed by a singlc wreckcr, anothcr
b. Whcn more than onc (1) vchicic is transported by one (1) auto wrcckcr,
c.g., motorcycles or parts of vehicles, only onc (1) towing fcc shall bc paid
to owner.
.(6) Invoices.
a. Each customer invoice shall include the owner's company name, business
address and phone number, permit number, name of the auto wrecker
who performed the specific assignment being invoiced, date and time of
assignment, date and time assignment completed (i.e., delivery of the
vehicle), hours when vehicles can be reclaimed, and an itemized
statement of charges. A fee schedule listing the maximum towing, storage,
etc., fees shall be attached to each tow invoice.
b. The city shall provide each owner with the basic fee schedule copies to
attach to the consent tow customer invoices. Failure to attach the fee
schedule shall be grounds for revocation or suspension of owner's permit,
unless the vehicle owner or agent consents to the omission.
c. Only service provided by an auto wrecker permitted under an auto wrecker
or rotation list permit number shall be invoiced to that permit; service
provided under any other permit number other than the permit number
under which it is billed is in violation of this article and shall be grounds for
revocation of the permit.
d. Owner shall invoice the police department for nonconsent (impound) or
incident management tows, which shall include an itemized statement of
charges and an explanation of all charges above the normal towing only
fee.
e. The chief of police will review each invoice and either approve, reject or
modify charges for services rendered.
(6)(7) An auto wrecker company and owner shall charge no fees for servicing a
police initiated nonconsent or incident management tow in excess of the fees
authorized under city ordinance for vehicles towed. Further, the auto wrecker
owner shall not obligate the vehicle owner in a nonconsent or incident
management tow to pay any fees in excess of those authorized for a vehicle
delivered to a state licensed vehicle storage facility without the consent of the
vehicle owner. The chief of police may require the auto wrecker owner or
wrecker company to reimburse the vehicle owner or operator for any
overcharges or unauthorized charges. Any overcharges or unauthorized
charges shall be reimbursed to vehicle owner within five (-6)-business days,
and the chief of police may suspend the auto wrecker company permit if it fails
to comply.
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 of
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 be given full force and effect for its purpose.
SECTION 6. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 7. This ordinance shall go into effect October 1, 2022.
That the foregoing ordinance was read for the first time and passed to its second reading on this
the C"' day of rrr\, 2022, by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this the 0.1)
day of 2022, by the following vote:
Paulette Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy 1 arma
John Martinez
Ben Molina
Mike Pusley
Greg Smith
PASSED AND APPROVED on this the 2°ay of'f , 2022.
ATTEST:
Rebecca Huerta
City Secretary
•
•
EFFECTIVE DAM i
io-t -
•_.*r .rn .a. •O w - •e .p,.0 •..
aulette Guajardo
Mayor
032 867 ,I
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized
representative), hereby certify to the City Council and other appropriate officers that the money required
for the current fiscal year's portion of the contract, agreement, obligation or expenditure described
below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has
not been appropriated for any other purpose. Future payments are subject to annual appropriation
by the City Council.
City Council Action Date: September 13, 2022 Legistar Number: 22-1236
Agenda Item:
Ordinance amending sections 57-231, "Denial, suspension and revocation of permit —
procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding
to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code
and providing for severance, publication, and an effective date of October 1, 2022.
Amount Required: (Amount to be Certified) $ 200,000.00
Fund Name
Accounting Unit
Account No.
Activity No.
Amount
FY23 General Fund
Vehicle Impound
11770 ® expenditures
530000
$200,000.00
FY23 General Fund
Vehicle Impound
11770 - revenue
308700
$200,000.00
Total
$200,000.0.0 .
Certification Not Required
Director Financial Services i
Date: I [.-a
Caller Times
PART OF THE USA TODAY NETWORK
Certificate of
Publication
NOTICE OF PASSAGE OF
ORDINANCE(S)
CITY OF CORPUS CHRIS TI -SECRETARY NO. 032867, Ordinance
amending sections 57-231,
PO BOX 9277 "Denial, suspension and
revocation
of permit-procedure, ap-
CORPUS CHRISTI, TX 78401 peal"; 57-233, "Promulga-
tion of wrecker regulation-
s"; 57-243, "Responding to
calls"; and 57-249, "Maxi-
mum auto wrecker service
STATE OF WISCONSIN) and storage fees" of the
)) City Code and providing for
severance, publication, and
COUNTY OF BROWN) effective date of October 1,
2022. This ordinance was
passed and approved on
I,being first duly sworn,upon oath depose and say that I second reading by the
am a legal clerk and employee of the publisher,namely, the Corpus Christi City Council ri
on September 20,2022. o
Corpus Christi Caller-Times,a daily newspaper published /s/Rebecca Huerta e.a
at Corpus Christi in said City and State, generally circulated City Secretary C
in Aransas, Bee, Brooks, Duval, Jim Hogg,Jim Wells, C can
Kleberg, Live Oak, Nueces, Refugio, and San Patricio, — f„
Counties, and that the publication of which the annexed is a
true copy,was inserted in the Corpus Christi Caller-Times
in the following issue(s)dated:
O �
_ rvt
09/26/2022
On this September 26, 2022, I certify that the attached
document is a true and exact copy made by the publisher:
JA )
V41a4
Legal Notice Clerk
Notary Ii , State of Wisconsin,County of Brown
Notary Expires
SARAH BERTELSEN
Notary Public
Publication Cost:$116.55
Ad No: 0005423838 State of Wisconsin
Customer No: 1490432
PO#: Code Ord 032867
#of Affidavits)
This is not an invoice