ORD 1993-32 - CC Decision - Wrecker Appeals 10-19-1993ORDINANCE NO. 93 -32
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS, RENDERING A DECISION REGARDING
PERMITS TO VARIOUS INDIVIDUALS TO PERFORM CERTAIN NON -
CONSENT TOWS WITHIN THE CITY OF HUNTSVILLE; AND MAKING
OTHER FINDINGS RELATED THERETO.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS,
that:
SECTION 1. John D. "Buddy" Poole and Poole's Wrecker Service are found to have violated
Chapter 4A, Tow Trucks, of the Code of Ordinances of the City of Huntsville,
Texas, by collecting fees in excess of those set out in that ordinance, and by
violating such ordinance more than three times since January 1, 1993. After
considering the appeal of John D. "Buddy" Poole and Poole's Wrecker Service
from the decision of the City Manager dated July 26, 1993, City Council orders
that:
a) John D. "Buddy" Poole and Poole's Wrecker Service are suspended from
the City's rotation list for a period of six months from Wednesday,
October 20, 1993, through Tuesday, April 19, 1994.
b) John D. "Buddy" Poole and Poole's Wrecker Service storage facility are
suspended from use for permittees using the City's rotation list for a period
of two months from Wednesday, October 20, 1993, through Sunday,
December 19, 1993.
c) John D. "Buddy" Poole and Poole's Wrecker Service are ordered to
reimburse to persons whose vehicles were towed as a result of a police
directed tow off the rotation list after January 1, 1993, $649.35 in
overcharges; and the suspension ordered in paragraphs (a) and (b) above
shall continue until such reimbursements are made.
SECTION 2. Paul Morris and Paul's Wrecker Service are found to have used a storage facility
which violated Chapter 4A, Tow Trucks, of the Code of Ordinances of the City
of Huntsville, Texas, by collecting fees in excess of those set out in that
ordinance. After considering the appeal of Paul Morris from the decision of the
City Manager dated July 26, 1993, City Council orders that Paul Morris not use
the storage facility of John D. "Buddy" Poole or Poole's Wrecker Service for a
period of two months from Wednesday, October 20, 1993, through Sunday,
December 19, 1993.
SECTION 3. Bill Poole and Bill Poole's Wrecker Service are found to have withdrawn from the
City's rotation list and, therefore, City Council orders that the appeal of Bill Poole
from the decision of the City Manager dated July 26, 1993, is hereby dismissed
as moot.
SECTION 4. J. B. Rumley and J. B.'s Wrecker Service are found to have a) used a storage
facility which violated Chapter 4A, Tow Trucks, of the Code of Ordinances of the
City of Huntsville, Texas, by collection fees in excess of those set out in that
ordinance, and b) failed to keep record of all amounts received at the time the
vehicle was released, including the specific nature of each charge. After
considering the appeal of J. B. Rumley from the decision of the City Manager
dated July 26, 1993, City Council orders that:
a) J. B. Rumley and J. B.'s Wrecker Service not use the storage facility of
John D. "Buddy" Poole or Poole's Wrecker Service for a police directed
tow for a period of two months from Wednesday, October 20, 1993,
through Sunday, December 19, 1993.
b) J. B. Rumley and J. B.'s Wrecker Service are suspended from the City's
rotation list for a period of two weeks from Wednesday, October 20, 1993,
through Tuesday, November 2, 1993.
SECTION 5. Shirley Poole and Shirley Poole's Wrecker Service are found to have violated
Chapter 4A, Tow Trucks, of the Code of Ordinances of the City of Huntsville,
Texas, by collecting fees in excess of those set out in that ordinance and by using
a storage facility which collected fees in excess of those set out by the ordinance.
After considering the appeal of Shirley Poole from the decision of the City
Manager dated July 26, 1993, City Council orders that:
a) Shirley Poole and Shirley Poole's Wrecker Service may not use the storage
facility of John D. "Buddy" Poole or Poole's Wrecker Service for a police
directed tow for a period of two months from Wednesday, October 20,
1993, through Sunday, December 19, 1993.
b) Shirley Poole and Shirley Poole's Wrecker Service are suspended from the
City's rotation list for a period of one month from Wednesday, October 20,
1993, through Friday, November 19, 1993.
c) Shirley Poole and Shirley Poole's Wrecker Service are ordered to
reimburse to persons whose vehicles were towed as a result of a police
directed tow off the rotation list after January 1, 1993, $278.50 in towing
and storage overcharges. The suspension ordered in paragraph (b) above
shall continue until such reimbursements are made.
SECTION 6. Although Dennis Paden and A -1 Body and Wrecker Service did not file an appeal
from the decision of the City Manager dated July 26, 1993, in the interest of
fairness, the City Council orders that the City Manager's decision be amended to
permit Dennis Paden and A -1 Auto Body and Wrecker Service to use Poole's
impound yard for police directed tows after December 19, 1993. Except as
modified herein, the decision of the City Manager is ordered implemented
effective Wednesday, October 20, 1993.
SECTION 7. Martinez Garage and Wrecker is found to have violated Chapter 4A, Tow Trucks,
of the Code of Ordinances of the City of Huntsville, Texas, by collecting fees in
excess of those set out in that ordinance, and by violating the ordinance more than
three times since January 1, 1993. After considering the appeal of Martinez
Garage and Wrecker from the decision of the City Manager dated October 1,
1993, City Council orders that decision of the City Manager is affirmed.
SECTION 8. Pete Johnson Towing and Storage is found to have violated Chapter 4A, Tow
Trucks, of the Code of Ordinances of the City of Huntsville, Texas, by collecting
fees in excess of those set out in that ordinance, and by violating the ordinance
more than three times since January 1, 1993. After considering the appeal of Pete
Johnson Towing and Storage from the decision of the City Manager dated October
1, 1993, City Council orders that:
a) Pete Johnson Towing and Storage is suspended from the City's rotation list
for a period of six months from Wednesday, October 20, 1993, through
Tuesday, April 19, 1994.
b) Pete Johnson Towing and Storage is ordered to reimburse the persons
whose vehicles were towed as a result of a police directed tow off the
rotation list after January 1, 1993, $2,565.60 in overcharges. The
suspension ordered in paragraph (a) above shall continue until such
reimbursements are made.
c) Pete Johnson Towing and Storage's storage facility is suspended from use
for permittees using the City's rotation list for a period of two months
from Wednesday, October 20, 1993, through Sunday, December 19, 1993.
SECTION 9. Except as herein provided above, the decisions of the City Manager regarding the
appeals considered by City Council are affirmed. If the owner of a vehicle
involved in a collision designates as the tow truck service that the owner desires
to move the vehicles a service that has been suspended from the tow list, then the
designated tow truck service shall be permitted to tow the vehicle.
SECTION 10. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held invalid or unconstitutional, such portion shall be deemed
a separate, distinct and independent provision and such holding shall not affect
any of the remaining provisions of this ordinance.
SECTION 11. All ordinances and parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed; provided, however, that such repeal shall be only
to the extent of such inconsistency and in all other respects this ordinance shall
be cumulative of other ordinances regulating and governing the subject matter
covered by this ordinance.
SECTION 12. This ordinance shall take effect from and after its passage.
PASSED AND APPROVED this 19th day of October, 1993.
THE CITY OF HUNTSVILLE
ATTEST:
Danna Welter, City Secretary
AP ROVED:
Scott ounds, City Attorney