HomeMy WebLinkAboutOrdinance - 9376-1990 - Amending Chapter 27 Of The Code Of Ordinancs Of The City Of Lubbock - 09/23/19901 DGV:js
Fi rs t Re adi n g .
August 23. 1990
Item #29
Second. Reading
September 27, 1990
Item #10 1
ORDINANCE NO. 9376
AN ORDINANCE AMENDING CHAPTER 27 OF THE CODE OF ORDINANCES OF THE CITY
OF LUBBOCK, TEXAS, WITH REGARD TO THE DEFINITION OF TOWS AND TOW TRUCKS;
MAXIMUM FEES TO BE CHARGED; AND POLICE ROTATION LISTS; PROVIDING A PENALTY;
PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION.
WHEREAS, the City Council of the City of Lubbock has determined that
it would be in the best interest of the health, safety and welfare of the
citizens of the City of Lubbock to amend certain portions of the Code of
Ordinances pertaining to the operation of tow trucks and tow truck busi-
nesses within the City of Lubbock; NOW THEREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
SECTION 1. THAT Section 27-181 of the Code of Ordinances of the City
of Lubbock, Texas, be amended by deleting therefrom the present definitions
of "tow" and "tow truck" and inserting therein in alphabetical order the
following new definitions:
Class I tow: Any tow requiring a Class I tow truck.
Class I tow truck: A tow truck with a gross vehicle weight of
at least 7,500 pounds and less than 26,000 pounds.
Class II tow: Any tow requiring a Class II tow truck.
Class II tow truck: A tow truck with a gross weight of at least
26,000 pounds, which shall be used exclusively to tow vehicles with a
gross weight of more than 10,000 pounds.
SECTION 2. THAT Section 27-185 of the Code of Ordinances of the City
of Lubbock be amended to read as follows:
Sec. 27-185. Maximum fees.
(a) The maximum fee which may be charged for the removal and
impoundment of a vehicle requiring a class I tow truck from a private
parking lot or a public right-of-way (non-collision) is $40.00 for all
services performed in connection with such removal and impoundment,
which sum includes all notification fees and preservation fees, and
five dollars ($5.00) per day storage unless a greater or lesser amount
is required by State law.
(b) The maximum fee which may be charged by a permit holder
for all services performed in connection with a collision tow requir-
ing a class I tow truck is sixty dollars ($60.00), which sum includes
all notification fees and preservation fees, and five dollars ($5.00)
per day storage unless a greater or lesser amount is required by State
1~.
(c) The maximum fee which may be charged by a permit holder
for removal/and or impoundment of a vehicle from a parking lot or a
public right-of-way, both collision and non-collision, requiring a
class II tow truck shall be the amount specified by the latest
published rates of the Texas Railroad Commission's "Motor Freight
Commodity Tariff." Storage charges of up to seven dollars and fifty
cents ($7.50) per unit per day may be charged for vehicles of more
than 10,000 pounds gross vehicle weight unless a greater or lesser
amount is required by State law.
SECTION 3. THAT Section 27-190 of the Code of Ordinances of the City
of Lubbock, Texas, be amended to read as follows:
(a) The Lubbock Police Department may establish and maintain
Class I and Class II tow truck rotation lists. Tow truck businesses
whose names are included on such lists shall be rotated upon the basis
of one week of service at a time.
(b) The Lubbock Police Department is authorized to establish
rules and regulations for implementation, operation and maintenance of
the rotation lists established pursuant to Subsection (a) above. A
copy of the rules and regulations shall be signed by the Chief of
Police, approved by the City Manager and filed with the City Secre-
tary.
SECTION 4. THAT violation of any provision of this Ordinance shall be
deemed a misdemeanor punishable by a fine not to exceed Two Hundred and
No/100 Dollars ($200.00) as provided by Section 1-4 of the Code of Ordi-
nances.
SECTION 5. THAT should any paragraph, sentence, clause, phrase or
word of this Ordinance be declared unconstitutional or invalid for any
reason, the remainder of this Ordinance shall not be affected thereby.
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SECTION 6. THAT the City Secretary is hereby authorized and directed
to cause publication of the descriptive caption of this Ordinance as an al-
ternative method of publication provided by law.
AND IT IS SO ORDERED.
Passed by City Council on first reading this 23rd day of August
1990.
Passed by City Council on second reading this 27th day of September
1990.
ATTEST:
APPROVED AS TO CONTENT: . .-. ~~· /:-=
Tre~\iii,;;~ tothe CH Manager
APPROVED AS TO FORM:
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THE STATE OF TEXAS
COUNTY OF LUBBOCK R-591
Before me Frances Hernandez · a Notary Public in and for Lubbock Countv. Texas on this day
personally appeared T,.J, Aufil I, Account ManaE!er of the S~ulhwestern Newsp~-
pers Corporation. publishers of the Lubbock Avalanche-Journal Morning. Evening and Sunday. who
being by me duly sworn did depose and say that said newspaper has been published continuously for more
than fifty-two weeks prior to the first insertion of this Le l!a I Notice
______________ No.797897 at Lubbock County. Texas and the attached print-
ed copy of the Lee a I Notice is a true copy of the original and was (!ri ted in the Lubbock
Avalanche-Journal on the following dates: t. 29, 0 ct• 6, 1990
297 words@ 1.00 = $ 9.
LUBBOCK t\VALANCHE-JOURNAL .,,. ·
South western Newspii°pe.rs-Corporation
FORM58-10
NOTARY PUBLIC in and for the State of TJXas My Commission Expires 7-6-9
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FRl>.NCES HERNANDEZ
r,ki.i:ry f"u!1lrc St\i~e r.f Tt11-,;as
My CJrnrrnss1on Expire, 7 ·6·9 l