Ordinance 2001-21
ORDINANCE NO. J,CIJ I - f) I
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS REPEALING
WYLIE ORDINANCE NOS. 82-23, 93-17 AND 95-26; ESTABLISHING
REGULA nONS FOR THE PROVISION OF WRECKER SERVICES TO
THE CITY OF WYLIE, TEXAS; PROVIDING FOR A PENALTY FOR
THE VIOLA nON OF TillS ORDINANCE; PROVIDING FOR
REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the
City of Wylie, Texas ("Wylie") to repeal Wylie Ordinance Nos. 82-23,93-17 and 95-26; and
WHEREAS, the City Council has further investigated and determined that it would be
advantageous and beneficial to the citizens of Wylie to establish regulations for the provision of
wrecker services to Wylie as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Ordinances Repealed. Wylie Ordinance Nos. 82-23,93-17 and 95-26 are
hereby repealed.
SECTION 3: Wrecker Services.
A. Wrecker Service Contract. No person or business entity shall provide wrecker
service to Wylie without first executing a contract therefor with Wylie.
Wylie shall have the power and authority to prepare wrecker service specifications for
bidding by wrecker operators in accordance with state law. Wrecker operators will be required to
pay Wylie an amount determined by the bidding process in return for being granted the contract to
tow for Wylie. Upon approval by the City Council, the City Manager, or his designee, shall
execute a contract with the successful bidder. Bids will be awarded for a period of one (1) year.
The contract may be renewed for two additional one year terms upon the written agreement of
Wylie and the wrecker operator.
WRECKER SERVICE ORDINANCE - Page 1
Wrecker Service Ordinance-2
The contract wrecker shall respond, upon the request of Wylie, to the scene or site of any
wreck, motor vehicle accident or collision, occurring within the corporate limits of Wylie, or to
any other scene or site at which the services of a wrecker are required by Wylie.
B. Rates. Maximum rates for wrecker service provided to Wylie shall be specified in
the contract.
C. Inspection. Wylie's Police Department shall have the authority to inspect all
wreckers belonging to the contract operators to ensure the wreckers meet the following
requirements: 1) be not less than one (1) ton and be equipped with booster brakes and dual rear
wheels; 2) be equipped with a power winch, winch line and boom with a sling-type lift; 3) carry as
standard equipment tow arms, safety chains, fire extinguisher, wrecking bars, booms and a towing
dolly; and 4) any other requirement set forth by Wylie.
Wylie's Police Department shall also ensure that the wrecker contractor and all operators
and/or drivers associated therewith are properly insured.
D. Dispatch by Police. It shall be unlawful for any wrecker operator and/or driver to
proceed to the scene or site of a wreck, motor vehicle accident or collision, or follow an
ambulance or police car which is traveling in response to a report of a wreck, motor vehicle
accident or collision, unless such wrecker has been duly and legally dispatched by Wylie's Police
Department to the scene or site or has been requested to come to the scene by a party involved in
the wreck, motor vehicle accident or collision.
E. Promulgation of Additional Requirements. Wylie's Chief of Police shall have
authority to promulgate any other reasonable rules, regulations and requirements as may become
necessary to ensure that the contract wrecker protects each vehicle and its contents.
SECTION 4: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie
retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with
this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not
abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
WRECKER SERVICE ORDINANCE - Page 2
Wrecker Service Ordinance-2
SECTION 6: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7: Effective Date. This Ordinance shall become effective upon its adoption
and publication as required by Wylie's City Charter and by law.
DULY PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
WYLIE. TEXAS on this to day of ~ . 2001.
ayor
"f>,
.';'P'<' .
E> ~~
t::::.... -4 ;"1
~.. c, ,~.
!c~.)'t!~0~::.~.>j...
ATTEST:
Dates of Publication:
m,
\ V /200\
c.
, in the ~ Ut;c .11E\.cY.?
WRECKER SERVICE ORDINANCE - Page 3
Wrecker Service Ordinance