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Ordinance No. 12,275ORDINANCE NO. 12,275 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 1 "GENERALLY" OF THE CODE OF ORDINANCES, BAYTOV. N, TEXAS, TO ADD A NEW SECTION TO BE NUMBERED AND ENTITLED SECTION 102 -140 "TOW FEE STUDY" TO ALLOW FOR A MECHANISM BY WHICH A TOWING COMPANY MAY REQUEST A TOW FEE STUDY BE PERFORMED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. * * ** ** * * *** * ****** *** * *4. W * W******** ****** ************ ** * * * * * * * * * * * * *** * * **** * ** *** *• BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division I "Generally" of the Code of Ordinances, Baytown, Texas, is hereby amended to add a new section to be numbered and entitled Section 102 -140 "Tow fee study," which section shall read as follows: CHAPTER 102_ VEHICLES FOR HIRE ARTICLE III_ TOW TRUCKS DIVISION 1. GENERALLY Sec. 102 -140. Tow fee study. (a) A towing company may request a tow fee study if the towing company has a valid tow truck permit and had a valid tow truck permit throughout the twelve -month period preceding the request. The request must be made in writing to the city clerk. The request must identify the specific fees requested to be reviewed and indicate the towing company's willingness to provide any necessary financial documentation that the city may deem necessary to conduct the review. (b) A non - refundable fee of five hundred dollars ($500.00) in the form of a cashier's check payable to the city must be tendered to the city clerk at the time the tow fee study request is submitted. This fee is intended to defray the cost of the study. (c) The tow fee study shall be performed at the direction of the city clerk. The methodology used to conduct the study will be established by the director of finance. The director of finance shall determine what financial information is necessary to conduct the study, which shall include, but not be limited to, financial information requested from permitted towing companies in the city. All towing companies with a tow truck permit shall provide all requested financial information. (d) The findings of the tow fee study shall be presented to tow truck committee. The tow truck committee shall consider the study and shall prepare and deliver a recommendation to the city council to increase, decrease, or make no adjustment to the fees for nonconsent tows. (e) Upon receipt of the tow truck committee's recommendation, the city council shall consider the tow fee study and recommendation and may amend the applicable tow agreement_ (r) The city shall not be mquAd to conduct as low rate My if as rate m4y has been performed within the Preceding twenty-four (24) month pedod. (g) Nothing in this section shall preeWde the city Frorn Undertaking as tow fee study at its own discretion at any time. Scohn 2: All ordinances or parts of ordinances inconsistent with the terms of' this ordinance are hereby repeMcd; pravided, homvvcq that such repeal shall be only to die extent of such inconsistency and in all other respects this ordinance shall be cumWadve or other ordinances re, ubithig and goveniing the subject matter swemd by this odinance. Section 3: If any pmvisioin section, exception, subsection, paragrap h. sentence, clause or phrase of this ordinance or the apNication or same to any person or the set of c4curnsirancew shall For any reason tic field unconstitutional, ional. void or invalid. such invalklity shall not anct the Any or the remaining provisions of this ordhiance or their application to other persons or sets of circurnsumccs and R) this end all provisions of this ordinwizu am declared to bw severable. Section 4: Any person mTo FaHm to comply with any provision of this ordinance shall be gUilt)' of as In iSdC1DCaB01` and, upon conviction, shall be punished by a fine not exceeding h' AND NO/100 DOLLARS ($50OA01 Each act of violation and each day upoii which any such violation shall occur shall constitute it Separate offense. In addition to the penalty, prescribed above, the city, may pursue other remedics such as abatement of -nuisances, injunctive relief, adirtinistrake a(,Ijuidication, and revocation of licenses or pernihs. Section 5: This ordinance sharp take enut from and nlkr ten (10) days From its passage by the City Council. The City C"Ierk, is hereby direwed to E§ve notice hereof by cutting the cap6mi of this ore hmnm to be published in the oflicial newspaper of the City of BRjo%vn at least twice within Wn ( 10) days alter pamage of this ordhiance. INTROI. UCI'D, RF',AD, and PASSED by the allbWaLbe VOIC Baytown, this the 13"' day, of'June, 2013. AT IS T:, l.,F'TTWVRR)11)C`l APPR(_,,)VFJ) X70 FORM: . . . ....... Z-AMIREZ, SR., (" y \t1orney I irl Ji A 16 1 2 he City CmnwH of the CRy of' DONCARLOS, Mayor.