HomeMy WebLinkAboutItem 05 - Tow Trucks and Towing ServiceITEM # ..�,
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
//
MEETING DATE: APRIL 20, 2004
SUBJECT: CONTINUATION OF MORATORIUM ORDINANCE ON
GRAPEVINE CODE OF ORDINANCES, CHAPTER 26 TOW
TRUCKS AND TOWING SERVICE
RECOMMENDATION:
City Council to consider an ordinance extending a moratorium on the issuance,
acceptance or approval of any permits or applications for tow truck operators through
May 30, 2004.
FUNDING SOURCE:
Not Applicable.
BACKGROUND:
The Grapevine Police Department recently conducted a review of the City of Grapevine
Code of Ordinances Chapter 26 addressing tow truck service. In that review, it was
determined that some deficiencies existed and some sections were not in compliance
with State law. City Legal staff drafted an ordinance issuing a moratorium on the
issuance, acceptance or approval of any permits or applications for tow truck operators
that expires on April 30, 2004 at 11:59pm. The purpose of the moratorium was to
maintain the status quo within the City of Grapevine until such time as appropriate
regulations could be reviewed, revised and adopted.
The City Attorney is currently reviewing the proposed ordinance revision. To allow for
continued review of the proposed ordinance, the City Attorney drafted the attached
ordinance extending the moratorium on the issuance, acceptance or approval of any
permits or applications for tow truck operators until May 30, 2004 at 11:59pm.
Staff recommends approval.
RDW/kmm
April 15, 2004 (1:53PM)
0 ORDINANCE NO.
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 adopted 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.
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.
011290-IM"D
ORD. NO. 2
0 ATTEST:
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