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Ordinance 2005-4


ORDINANCE NO. 2005-4

AN ORDINANCE AMENDING BASTROP CODE OF ORDINANCES, APPENDIX A, ARTICLE 4.000, SECTION 4.500, MAXIMUM FEES TO BE CHARGED FOR NONCONSENT TOWING SERVICE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the wrecker services providers in the City of Bastrop has respectfully requested the City Council increase the current tow fees; and

WHEREAS, City Staff concurs with the wrecker services providers that the current tow fees should be increased; and

WHEREAS, in order to enact this increase, it is necessary to amend the Bastrop Code Of Ordinances, Appendix A; Article 4.000, Business Related Fees, Section 4.500 - Maximum Fees To Be Charged For Nonconsent Towing Service,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS:

PART 1: That the Bastrop City Code of Ordinances, Appendix A; Article 4.000, "Business Related Fees," are hereby amended to hereafter read as shown on the attached Appendix A to this Ordinance.

PART 2: That all ordinances, resolutions and orders heretofore passed, adopted and made, or any part of the same, affecting towing services fees, which are in conflict with this Ordinance, shall be, and the same are hereby, in all things repealed to the extent that the same conflict with this Ordinance, or with the laws of the State of Texas.

PART 3: That this Ordinance shall be in full force and effect upon passage in accordance with prevailing State statutory provisions.

READ AND ACKNOWLEDGED on FIRST READING on the 11th day of January 2005.
READ AND APPROVED on SECOND READING on the 25th day of January 2005.

APPROVED:
Mayor Tom Scott's signature.

Tom Scott, Mayor

ATTEST:

City Secretary's signature, Teresa Valdez.
Teresa Valdez, City Secretary


EXHIBIT "A"

MAXIMUM FEES TO BE CHARGED FOR NONCONSENT TOWING SERVICES


(A) Maximum Towing Fees:

(1) Regular towing charge (for vehicles not requiring the use of Heavy-Duty Wrecker) or Vehicles 10,000 pounds or less: $95.00

(2) If Heavy-Duty Wrecker used to tow vehicles in excess of 10,000 pounds: $125.00

(B) The following additional fees may be charged if verified by the peace officer in charge of the accident scene:

(1) Use of dollies: $25.00 No dolly fee will be allowed for flatbeds or rollbacks.

(2) Exceptional labor such as clearing debris: $25.00 per hour. Exceptional labor does not include normal hook-up procedure or routine cleanup not to exceed 30 minutes, and does not include the disposal of classified hazardous waste or vehicle cargo.

(3) Winching, one-hour minimum, only if normal hook-up is not possible because of conditions or location of vehicle: $25.00 per hour.

(4) Wait time: $25.00 per hour, if it exceeds 30 minutes from time of arrival at accident scene.

(5) Additional charge to pull axle prior to row: $15.00.

(6) Additional charge if wheel and tire must be changed: $10.00 per wheel and tire.

(7) Additional charge if drive line must be dropped: $15.00

(8) Flat fee of $100.00 per hour for use of Heavy-Duty Wrecker, if it exceeds 30 minutes from time of arrival.

(C) These fees shall be all inclusive, and there will be no additional charge to a vehicle owner. If there is a dispute regarding the appropriate fees, the Chief of Police shall make a determination of the correct charges for the services provided. These maximum fees apply only to nonconsent towing services. Consensual towing service fees are not regulated by the City of
Bastrop.

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