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• ORDINANCE NO. 2008-47 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS <br />AMENDING ARTICLE 4, WRECKERS, OF CHAPTER 90, VEHICLES FOR HIRE, OF <br />THE SAN MARCOS CITY CODE TO UPDATE, EXPAND AND CLARIFY CITY <br />REGULATIONS FOR WRECKER SERVICES THAT PERFORM TOWS IN THE CITY; <br />INCLUDING PROCEDURAL PROVISIONS AND DECLARING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: <br />SECTION 1. The current Article 4, Wreckers, of Chapter 90, Vehicles for Hire, of the San Marcos City Code <br />is amended to read as follows: <br />ARTICLE 4. WRECKERS <br />DIVISION 1. GENERALLY <br />Sec. 90.221. Findings and purposes. <br />(a) The city council makes the following findings: <br />(1) The city council wishes to update and clarify the city's regulations pertaining to the rotation <br />system for the performance of police-authorized tows. <br />(2) Fees charged by wrecker services for non-consent tows do not have the benefit of market <br />forces, arms-length negotiation, and competition, and therefore the city should limit the amounts of fees <br />that can <br />be charged for non-consent tows, and members of the public should be notified of the amounts of these <br />fees and of city limitations on the fees. <br />(b) The purposes of this article are as follows: <br />(1) To update and clarify regulations related to the city's rotation system for calling wreckers for <br />police-authorized tows; and <br />(2) To limit the amounts of fees charged for non-consent tows. <br />Sec. 90.222. Scope. <br />(a) The limitations on rates in division 3 of this article apply only to non-consent tows that originate in <br />the city. They do not apply to consent tows, and they do not apply to consent tows or non-consent tows <br />that originate outside the city. <br />(b) The regulations pertaining to the police department rotation system in division 4 of this article apply <br />to wreckers that perform police-authorized tows in the city.