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18. ORDINANCE NO. 2002- 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS AMENDING ARTICLE 4, WRECKERS, OF CHAPTER 90, VEmCLES FOR mRE, OF THE SAN MARCOS CITY CODE TO UPDATE, EXPAND AND CLARIFY CITY REGULATIONS FOR WRECKER SERVICES THAT PERFORM TOWS IN THE CITY; INCLUDING PROCEDURAL PROVISIONS AND DECLARING AN EFFECTIVE DATE. RECITALS: 1. The Downtown Parking Advisory Board has recommended that the City Council adopt revisions to the City's ordinances regulating wreckers to update regulations related to police-authorized tows, and to set limitations on fees charged for non-consent tows. 2. The City Council conducted a public hearing on this proposed ordinance on December 10,2001. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The current Article 4, Wreckers, of Chapter 90, Vehicles for Hire, of the San Marcos City Code is repealed, and the following is adopted in its place: ARTICLE 4. WRECKERS DIVISION 1. GENERALLY Sec. 90.221. Findings and purposes. (a) The city council makes the following findings: (1) The city council wishes to update and clarify the city's regulations pertaining to the rotation system for the performance of police-authorized tows. (2) Fees charged by wrecker services for non-consent tows do not have the benefit of market forces, arms-length negotiation, and competition, and therefore the city should limit the amounts of fees that can be charged for non-consent tows, and members of the public should be notified of the amounts of these fees and of city limitations on the fees. (b) The purposes of this article are as follows: (1) To update and clarifY regulations related to the city's rotation system for calling wreckers for police-authorized tows; and (2) To limit the amounts of fees charged for non-consent tows. C:\TEMP\ Wreckers 1-14-02.doc 1