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HomeMy WebLinkAboutORD 2004-026 ORDINANCE NO. 2004-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, EXTENDING A MORATORIUM ON THE ISSUANCE, ACCEPTANCE OR APPROVAL OF ANY PERMITS, OR APPLICATIONS FOR TOW TRUCK OPERATORS TO MAY 30, 2004, AT 11:59 P.M.; PROVIDING FOR A METHOD OF REPEAL OF THIS MORATORIUM; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY WHEREAS, the City Council of the City of Grapevine, Texas, as authorized by law, regulates the operation of tow truck and wrecker operations within the City through a permitting process as provided for in Chapter 26 of the Code of Ordinances; and WHEREAS, the current permitting process for tow trucks and wreckers is insufficient to allow for the proper examination and screening of permit applicants; and WHEREAS, the City Council does not wish to issue, accept or approve any permits or applications for tow truck/wrecker permits until such time as Chapter 26 of the Code of Ordinances is amended to provide for a more thorough review and . screening process for such applications; and WHEREAS, the moratorium placed on the issuance, acceptance or approval of permits for tow truck and wrecker services is a minimally intrusive method of maintaining the status quo until such review can be completed; and WHEREAS, the City Council previously adapted a moratorium through the passage of Ordinance No. 2004-06, and now wishes to extend said moratorium for a period of thirty days; and WHEREAS, the City Council deems the passage of this ordinance to be in the best interests of the public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all the above premises are found to be true and correct and are hereby incorporated into this ordinance as if copied in their entirety. Section 2. That the previous moratorium is extended until May 30, 2004, at 11:59 p.m., and during such moratorium the City of Grapevine shall not issue, accept or approve any permits for the operation of tow truck or wrecker services within the City. The purpose of this moratorium is to maintain the status quo within the City of Grapevine until such a time as proper regulations have been adopted. wt � Section 3. The term "permit" as used in the ordinance shall be as defined in Section 26-1 of the Code of Ordinances. Section 4. This moratorium shall remain in effect until such time as the City Council has had a reasonable opportunity to consider and act upon appropriate amendments to Chapter 26 of the Code of Ordinances. Upon final adoption of all necessary ordinances, or upon a final determination being made by the City Council that amendments are not necessary, this moratorium shall expire. This moratorium shall automatically expire May 30, 2004, at 11:59 p.m. unless it is specifically extended by additional City Council action. Section 5. Notwithstanding the provisions of this Ordinance, any person may seek a hearing before the City Council to present any information or evidence requesting that all or a portion of the moratorium related to a specific applicant for permit be lifted. The decision whether to lift all or a portion of the moratorium shall be at the discretion of the City Council and shall be final. Section 6. It is hereby declared to be the intention of the City Council of the City of Grapevine, Texas, that sections, paragraphs, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance since the same would have been enacted by the City Council of the City of Grapevine without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the public creates an emergency which requires that this ordinance become effective upon passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of April, 2004. APPROVED: �.�'��� William D. Tate Mayor ORD. NO. 2004-26 2 ATTEST: _ „_, Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2004-26 3