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ORD 1998-15 - Amending Title 7 -Tow Trucks 08-14-1998ORDINANCE NO. 98 -15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, AMENDING TITLE 7, TOW TRUCKS, OF ITS CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS INCREASING FEES FOR SERVICES; PROVIDING FOR A FIND OF UP TO $500 FOR VIOLATIONS; PROVIDING FOR PUBLICATION; AND MAKING OTHER PROVISIONS AND FINDINGS RELATED THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS, that: Section 1: Title 7, Tow Trucks, of the Code of the City of Huntsville is hereby amended by changing section 7.01.07(h) and adding section 7.01.07(i) to read as follows: 7.01.07 Police rotation list. (h) The following maximum fees may be charged by permit holders under this section for the use of the tow truck designated and no additional charges may be made: *All police directed tows ............ ............................... $55.00 *Use of dollies ..................... ............................... 25.00 *Winching for a vehicle from a ditch for righting an overturned vehicle or for similar unusual circumstances .. ............................... 25.00 *Removal of waste debrisgenerated by the collision or waiting not including the first hour, per hour ..... ............................... 25.00 *Storage of towed vehicles, per day (No charge if vehicle stored for less than twelve (12) hours) .......... ............................... 10.00 *Notification (State regulated) (Owner and Lien Holder) ................ 25.00 *Preservation (State regulated) ....... ............................... 10.00 *All other labor, charges, storage .................... Usual and customary rates (i) Any person commits an offense if the person collects or charges any feegreater than the maximum fee established herein for towing a vehicle from a tow directed by a Huntsville Police Officer in the City. Section 2: Any person, firm or corporation violating any provision of this ordinance or failing to comply with any requirement of the ordinance will be guilty of a misdemeanor and subject to a fine of up to five hundred ($500.00) dollars upon conviction. Each day during or upon which said person shall violate or continue violation of any provision of this ordinance or non - compliance with any requirement of this ordinance shall constitute a distinct and separate offense. The violation of any provision of the ordinance or the failure to comply with any requirement of this ordinance shall each constitute a distinct and separate offense. Section 3: 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 4: 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 5: This ordinance shall take effect ten (10) days after its passage by the City Council. The City Secretary shall publish the caption of this ordinance in the official City newspaper at least twice within ten (10) days of its passage. PASSED AND APPROVED THIS 14TH DAY OF AUGUST, 1998. THE CI OF HUNTSVILLE /"-R K William B. Green, Mayor A EST: Danna Welter, City Secretary TO FORM: 3 City Attorney