15-WRECKER SERVICE ROTATION CALL LIST FOR POLICE DEPT.

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 03/26/2011 Council Date: Police Chief Hundley 15. 04/ 11 /2011 RECOMMENDED MOTION: Motion to approve as presented. POLICY ISSUE(S): Wrecker Ordinance BACKGROUND: For many years, "on-call" wrecker service has been administered by the police department. The attached 2 page document of 15 rules has been in place since at least the early 90's. This list of rules is not dated, has no signatures of either the department representative or of wrecker service operator's. This has been a gentlemen's agreement in which the only regulatory action was the removal of a wrecker service from the rotation list by the Chief of Police. The action of removal of a wrecker service from the on call list creates problems for the entire county as the Sheriff's office and DPS use the same on call rotation list the city uses. We have received complaints from insurance adjusters regarding what local wrecker companies charge when vehicles are towed after being involved in a traffic collision. We receive complaints regarding wrecker service operations from other wrecker services in the city regarding what they do and don't do on calls. This ordinance will regulate the wrecker services and the accompanying storage facilities in Paris and especially those who participate in the rotation call list for the police department. The ordinance follows state licensing statutes already in place for the wrecker industry. There is a set fee list for non-consent tows allowable by ordinance. Wrecker services are required to conform to regulations regarding the equipment they operate, the people who own the services, and the employees the services use. The ordinance does provide remedies to correct problems with wrecker services besides the arbitrary ruling by any sitting Chief of Police. The ordinance provides for free tow service for City emergency vehicles as a form of a franchise fee. The ordinance also provides for a yearly $50.00 registration fee to cover time and paperwork required of the department to assure compliance with TDLR rules. A hold harmless agreement that has never been in place is included in the ordinance. This ordinance was tabled some time back to allow for a rate fee study. That study has been completed and is attached for your review. BOARD/ COMMISSION RECOMMENDATION: EXHIBITS: Draft of ordinance, Wrecker Rules (2 pages), Fee Study ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation Z Ordinance yTD Actual $ ❑ Public Hearing ❑ Other Acct. Name Acct. Number City of Paris Revised 2/04/08 . . 57