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File #: ID#14-409    Version: 1 Name:
Type: Discussion Item Status: Passed
File created: 9/17/2014 In control: City Council
On agenda: 10/9/2014 Final action: 10/9/2014
Title: Actions pertaining to the establishment of a non-exclusive towing operation franchise for certain towing operators to participate in the Police Department's tow car rotation list 1. RESOLUTION - Of intention to establish non-exclusive towing operation franchise and setting a public hearing on the matter and a final vote on October 23, 2014 at 10:00 a.m. 2. ORDINANCE (For Introduction) - Granting to towing operators a non-exclusive franchise to participate in the Fresno Police Department's tow car rotation list in preparation for a public hearing on October 23, 2014 for a final vote to approve the non-exclusive towing operation franchise 3. ORDINANCE (For Introduction) - amending Article 17, Chapter 9 of the Fresno Municipal Code relating to tow trucks
Sponsors: Police Department
Attachments: 1. ROI -Non-Exclusive Towing Franchise 9-3-14 (2).pdf, 2. Ord- amending Article 17 Chapter 9 re Towing.pdf, 3. Tow Ordinance.pdf
Related files: ID#14-492
REPORT TO THE CITY COUNCIL



October 9, 2014


FROM: JERRY P. DYER, Chief of Police
Police Department

BY: ANDREW HALL, Captain
Police Department

SUBJECT

Title
Actions pertaining to the establishment of a non-exclusive towing operation franchise for certain towing operators to participate in the Police Department's tow car rotation list
1. RESOLUTION - Of intention to establish non-exclusive towing operation franchise and setting a public hearing on the matter and a final vote on October 23, 2014 at 10:00 a.m.
2. ORDINANCE (For Introduction) - Granting to towing operators a non-exclusive franchise to participate in the Fresno Police Department's tow car rotation list in preparation for a public hearing on October 23, 2014 for a final vote to approve the non-exclusive towing operation franchise
3. ORDINANCE (For Introduction) - amending Article 17, Chapter 9 of the Fresno Municipal Code relating to tow trucks
Body

RECOMMENDATIONS

It is recommended that Council authorize the Chief of Police to execute a three-year Non-Exclusive Franchise Tow Agreement (the "Agreement") with several local tow operators for the towing and storage of vehicles impounded by the Fresno Police Department. It is also recommended that the Council amend Article 17, Chapter 9 of the Fresno Municipal Code ("FMC") as it relates to tow trucks.

EXECUTIVE SUMMARY

This Agreement with the tow operators will replace the existing non-exclusive franchise tow agreement which expires on December 27, 2014. This Agreement contains subtle changes, including modification of the provision related to changes in ownership or control of the tow operators. Such change now enables transfer of ownership/control to "immediate family members" as defined in FMC section 3-101(e). The other substantial change to the Agreement modifies a tow operator's appeal rights for major violations of the Agreement.

To facilitate such changes to the Agreement, Article 17, Chapter 9 ...

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