M&C Review


COUNCIL ACTION:  Approved on 5/15/2018 - Ordinance No. 23222-05-2018

DATE: 5/15/2018 REFERENCE NO.: G-19285 LOG NAME: 35TOW TRUCKS ORDINANCE
CODE: G TYPE: NON-CONSENT PUBLIC HEARING: NO
SUBJECT:   Adopt Ordinance Repealing and Restating Chapter 34, Article V, "Wreckers" of the Code of the City of Fort Worth to Rename the Article as "Tow Trucks," Update the Ordinance to Conform to State Law and Provide Flexibility to Account for Advances and Changes in the Provision of Towing Services (ALL COUNCIL DISTRICTS)

RECOMMENDATION:

It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 34, Article V, "Wreckers" of the Code of the City of Fort Worth to rename the article as "Tow Trucks," to update the ordinance to conform to changes in state law, and provide flexibility to account for advances and changes in the provision of towing services.

 
DISCUSSION:

The Fort Worth Police Department (FWPD) is seeking approval of this M&C so that it can modernize its current towing policies, procedures, and methods  in order better ensure public safety, maximize efficiencies in the City, and enhance customer service.

The current wrecker ordinance has been largely unchanged since 1997 (M&C G-11823; Ordinance 12924), although minor changes have been made as recently as 2005 (M&C G-14972; Ordinance 16664-10-2005). Towing and related services are regulated by several state and federal statutes, including Chapters 2303 and 2308 of the Texas Occupations Code. There have been many changes to applicable state laws since 1997 which are not reflected in the current ordinance.  The current ordinance also reflects the best practices at the time it was written, many of which have changed in recent decades. FWPD became aware of many advancements in tow management that would provide for better customer service, increase efficiency within the department, and make the provision of police-initiated towing services safer in the City; however, the City's wrecker ordinance, as it is currently written, does not allow for the flexibility to encompass many of the advances and changes in the towing industry. Accordingly, FWPD has worked to revise the ordinance to allow for maximum flexibility so that the City can ensure the public's safety while improving customer service and efficiency. Meetings have been held  to review the proposed ordinance with the current contracted wrecker companies, FWPD staff, and the City Law Department for more than two months.

FWPD is in the last renewal year of its wrecker contracts, which expire on September 30, 2018, with no further options to renew. Continued police-initiated towing services will require a Request for Proposals (RFP). The RFP will follow a timeline that will meet the City's needs and ideally allow for implementation of the selected proposal(s) beginning on October 1, 2018. The scope will include the City's goals for introducing a more efficient system utilizing modern technology to better serve citizens and increase efficiencies. In order to achieve these goals and promote competition to ensure the lowest cost with the best service, staff is recommending these changes to the current wrecker ordinance so that the City may consider a wide variety of service models.


  

Staff proposes to repeal and restate Chapter 34, Article V, "Wreckers" of the City Code to, among other things:  

  • Update City policies and procedures to promote public safety, efficiency, and increase customer service
  • Make changes to conform to state law;
  • Rename the Article as "Tow Trucks";  
  • Define necessary terms;  and
  • Provide flexibility to account for advances and changes in the provision of towing services.
This M&C does not request approval of a contract with a business entity.
 
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
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Submitted for City Manager's Office by:
Jay Chapa (5804)
Originating Department Head:
Joel Fitzgerald (4231)
Additional Information Contact:
Kristina Ashton (4224)

 
 
ATTACHMENTS
  5-4 Ordinance for Tow MC.docx