ORD 35503 - Amend section 36-235 of municipal code re waiver of vehicle impount lot administrative fee •
O2AAHA,
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'�,��r Law Department
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Omaha/Douglas Civic Center
n��w 01 FEB -8 PI 2: 34 1819 Farnam Street,Suite 804
lll '= Omaha,Nebraska 68183-0804
-,,'s' `` "F (402)444-5115
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°'TED FEi30 CITY CLERK
Telefax(402)444-5125
City of Omaha OMAHA, NERRASKA. Paul D.Kratz
Hal Daub,Mayor City Attorney
Honorable President
and Members of the City Council,
•
The attached ordinance, requested by Councilmember Frank Brown, would
amend Omaha Municipal Code Section 36-235. The ordinance would provide for
the waiver of the City Vehicle Impound Lot administrative fee, and three days of
daily storage fees, for recovered stolen vehicles. This amendment will authorize
the Vehicle Impound Lot to implement the fee waivers incorporated into the 2001
Budget.
Respectfully submitted,
lv
Alan M. Thelen
Assistant City Attorney
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ORDINANCE NO.
1 AN ORDINANCE to amend Section 36-235 of the Omaha Municipal Code, by providing for the
2 waiver of the city vehicle impound lot administrative fee and three days of daily storage
3 fees, for recovered stolen vehicles; to repeal Section 36-235 as heretofore existing; and to
4 provide the effective date thereof.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
6 Section 1. That Section 36-235 of the Omaha Municipal Code is hereby amended to read
7 as follows:
8 Sec. 36-235. Payment of costs of removal and storage; proof of licensing and
9 registration.
10
11 A vehicle towed into a garage or lot under the provisions of this division
12 shall not be released therefrom except upon payment by the owner to the person
13 in charge of such garage or lot the cost of towing and daily storage, and any other
14 administrative costs incurred by the city. A receipt for such fee shall be issued to
15 the owner of such vehicle. To insure that the vehicle is released to the proper
16 owner, a vehicle towed into a garage or lot without current license plates and
17 current registration shall not be released therefrom except upon proof of proper
18 licensing and registration of the vehicle as required by state statute or city
19 ordinance.
20
21 In addition to any other remedy available at law, any person who believes
22 that an impounded vehicle should be released without proper licensing and
23 registration may petition the manager of the vehicle impound lot facility for a
24 hearing to determine if the vehicle would not require licensing and registration
25 under state statute or city ordinance. If it is determined that the vehicle would not
26 require licensing and registration, no costs or fees shall be required for any period
27 after such petition for hearing was filed.
28
29 With respect to a recovered stolen vehicle, the manager of the city vehicle
30 impound lot facility or his or her designee shall waive the required payment of the
31 impound lot administrative fee and the daily storage fees for the first three days
32 after notice is sent to the owner of the vehicle notifying the owner that the vehicle
33 is available to be reclaimed.
qJ i
ORDINANCE NO. c 3, 5? 3
PAGE 2
1 Section 2. Section 36-235 of the Omaha Municipal Code as heretofore existing is hereby
2 repealed.
3 Section 3. This Ordinance shall be in full force and take effect fifteen days from and
4 after the date of its passage.
INTRODUCED BY COUNCILMEMBER
APP O D BY:
.38/01
PASSED FEB 'Y Z� 1 Q AYOR OF THE CITY OF OMAHA DATE
ATTEST:
Y
T LERK 0 ,T E., ITY OF OMAHA D TE
APPROVED AS TO FORM:
- 4S S 7—CITY ATTORNEY DATE
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!\ . 9`yo: 0/,_:_ REQUEST TO LAW
\ ; :, ' ...,:-
LAW DEPARTMENT USE ONLY:
LOG BOOK# 34-01 = COUNCIL
TO: Paul D. Kratz, City Attorney DATE ASSIGNED 2/06/01�
ASSIGNED TO �--- ,("`'�i - —
DATE: February 6, 2001
ANSWERED/SENT OUT(- •U -D )
WITHDRAWN
REQUEST BEING MADE BY: on behalf of Councilmember Frank Brown
Sharon Arnold City Council 5519
(NAME) (DEPARTMENT) (PHONE)
TIME LINE: (Due Date) February 13, 2001 City Council Agenda
(12 WORKING DAYS FROM DATE RECEIVED BY LAW DEPARTMENT)
REQUEST FOR: Ordinance to Amend Section 36-235 - Payment of Costs of Removal and Storage
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached").
Councilmember Frank Brown requests an ordinance to amend Section 36-235, Payment
of Costs of Removal and Storage, be placed on the February 13, 2001 City Council
Agenda for first reading.
The ordinance would allow, for recovered stolen vehicles only, the waiver of the vehicle
impound lot administrative fee and the daily storage fee for three days after notification
that the vehicle is available for redemption.
This amendment will authorize the vehicle impound lot to implement the fee waiver
approved as part of the 2001 Budget.
Please contact Sharon Arnold(ext. 5519) or Lou Andersen(ext. 5518) if you have
questions concerning this request.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
c: Councilmembers, Pat McPherson, Barb Oetter, Bill Protexter, City Clerk, Council
Staff A�
sja REVISED: 10/96
CITY OF OMAHA V-4/c-c.
LEGISLATIVE CHAMBER
Omaha, Nebr
September 12, 2000
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Section 5.06 of the Home Rule Charter of the City of Omaha. 1956, as
amended, provides that after a public hearing on the Budget, the City Council may revise revenue
estimates if such revision is concurred in by five of its members; and,
WHEREAS. Section 5.06 of the Home Rule Charter of the City of Omaha, 1956, as
amended, provides that after a public hearing on the Budget, the City Council may revise the
appropriations of the Budget by increasing, decreasing, inserting or deleting appropriated items, except
that it shall not reduce appropriations for debt service; and,
WHEREAS, it is the intent of the City Council to make revisions to revenue estimates
and appropriations in the Recommended 2001 Budget of the City of Omaha, Nebraska, by increasing,
decreasing, inserting or deleting items in certain budgetary accounts which are funded by various City
funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT; the appropriations in the Recommended 2001 Budget be revised by increasing
and decreasing revenue estimates as indicated in the schedule below:
Account Increase
Budtierary Accounts Number (Decrease)
General Fund:
Revenue Estimates:
Vehicle Impound Lot 4251 (5183,750)
(waive S30 administration fee and
three S 15 daily fees for approx.
2,450 stolen vehicles)
Motor Vehicle Taxes 1150 S183.750
(Increase Revenue Estimate)
Total General Fund Revenue Adjustments S -0-
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NOTICE TO PUBLIC" THE DAILY�R�ECORD
The followingnci one has been 20r,• OF OMAHA
City Council hearing on February 20,
2001,at 2:00 o'clock p.m., in the Legislative
Chambers, Omaha/Douglas avic Center, RONALD A. HENNINGSEN,Publisher
erg Farnam at which hearing all
PROOF OF PUBLICATION
persons interestedted,,may beeheard. 1
AN ORDINANCE to amend Section 36-235 r
of the Omaha Municipal Code,by-providing UNITED STATES OF AMERICA,the waiver of the city vehicle impound lot
administrative fee and three days;of daily 'be State of Nebraska,
storage fees, for recovered stolen-behicles; DIsMCtofNebraska,
�, ss,
to repeal Section 36-235 as heretofore County Douglas,
existing; and to provide the:effective date City of Omaha,
thereof.
BUSTER BROWN,
City Clerk JOHN P. EGLSAER
2-16-01
- --— - being duly sworn,deposes and says that he is
ADVERTISING MANAGER
of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
February 16 , 2001
That said Newspaper during that time was regularly published and
in general circulation in the County of Douglas, and State of
Nebra- .•
tACEN74, �,I. 70
RAt,;..,cam.. ..
111Joples �,'.. 6 Abed in my P oe and sworn to
.ra
-...1:ir.0-A sN l " 'S before me this 16 `h day of
u `= e February 01
20
i. O f �, � Notary Publictatte of Nebraska's `''
-NOTICE TO PUBLIC- - = THE DAILY7 OMAHA
ORDINANCE NO. Sects OF OMAHA
503
AN ORDINANCE to amend Section 36-235
of the Omaha Municipal by providingounlot
RONALD A. HENNINGSEN, Publisher
for the waiver of the city vehicle impound l
administrative fee and three days of daily PROOF OF PUBLICATION
storage fees, for recovered stolen vehicles;.
to repeal Section 36-235 as heretofore
existing; and to provide-the effective date UNITED STATES OF AMERICA,
thereof.
SUMMARY: The State of Nebraska,
AN ORDINANCE to amend Section 36-235 District of Nebraska, ss,
of the Omaha Municipal Code,by providing County of Douglas,
for the waiver of the city vehicle impound lot City of Omaha,
administrative fee and three days of daily
storage fees, for recovered stolen vehicles;
to repeal Section 36-235 as heretofore JOHN P. EGLSAER
existing; and to provide the effective date
thereof. being duly sworn.deposes and says that he is
PASSED: February 27,2001, 7-0
APPROVED BY:
HAL DAUB 3/8/01 ADVERTISING MANAGER
MAYOR OF THE
CITY OF OMAHA of THE DAILY RECORD,of Omaha, legal newspaper,BUSTER BROWN, a ga p per,printed and
City Clerk published daily in the English language, having a bona fide paid
3-14-01 _ .__ circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
March 14, 2001
That said Newspaper during that time was regularly published and
in general circWation in the County of Douglas, and State of
Nebraska::
$blisher's Fee $'�<9• 0 11,
*iddiMal 00014341 ....L. '* bed In my presence swe to
= EXPikc i 1 th
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9. ,.1 before arc ...day of
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4`,� Note C in and O Cam
State of Nebraska