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Item No. 18 <br />memorandum <br />TO: City Council <br />John Godwin, City Manager <br />FROM: Bob Hundley, Chief of Police <br />SUBJECT: AMENDMENT TO ORDINANCE SECTION 31 -128 <br />DATE: December 26, 2016 <br />BACKGROUND: In 2011, Code of Ordinances Chapter 31, Article VII Towing and Impound <br />was amended to allow for the impoundment of vehicles under certain circumstances when no <br />evidence of financial responsibility could be provided. Section 31 -138 specifically set out the <br />requirements for claiming an impounded vehicle which required proof of ownership of the <br />vehicle along with proof of financial responsibility for the vehicle. <br />STATUS OF ISSUE: The Texas Attorney General has issued an opinion stating that cities do <br />not have the authority to require proof of financial responsibility before releasing an impounded <br />vehicle. <br />BUDGET: There is no impact to the budget. <br />RECOMMENDATION: Amend Section 31 -138 to remove the language of requiring proof of <br />financial responsibility for reclaiming impounded vehicles. <br />