ORDINANCE NO. 13-02
“AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION ACCEPTANCE, PROCESSING, AND APPROVAL OF ANY APPLICATION FOR A CITY OF KERMIT JUNK YARD PERMIT OR LICENSE RELATED TO THE OPERATION OF A BUSINESS THAT PROCESSES JUNK PURSUANT TO THE AUTHORITY GRANTED BY KERMIT CITY ORDINANCE 399; DIRECTING THE PROMPT INVESTIGATION OF THE CITY'S ADMINISTRATION OVER SUCH BUSINESSES; DECLARING THE INTENTION OF THE CITY COUNCIL TO CONSIDER THE ADOPTION OF APPROPRIATE CITY REGULATIONS WITH RESPECT TO SUCH BUSINESSES IF PERMITTED BY LAW”.
WHEREAS, the City Council has been made aware that staff has received inquiries from persons that are interested in opening, permitting and operating junkyard businesses; and
WHEREAS, the City has no current land use or business regulation governing the operation of businesses or cooperatives that offer junk for sale, recycling or processing; and
WHEREAS, the imposition of a one hundred and twenty (120) day moratorium on the submission, acceptance, processing, and approval of all applications for City permits and licenses relating to the operation of Junk Yards will allow the City staff and the City Council to investigate the City's ability to regulate such businesses, and to develop and implement any appropriate regulations; and
WHEREAS, a one hundred and twenty (120) day moratorium is a reasonable length of time and no longer than necessary for the City to properly investigate, develop, and, if appropriate, adopt and implement any regulations with respect to the Junk Yard Ordinance 399; and
WHEREAS, proprietors of Junk Yards will not be unduly prejudiced by the imposition of such moratorium.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Kermit, Texas, that a one hundred and twenty (120) day moratorium be placed in effect on Junk Yard Ordinance 399:
Section 1. Findings and Intent.
The above and foregoing recitals are incorporated herein by reference and adopted as findings and determinations of the City Council of the City of Kermit.
Section 2. Imposition of Temporary Moratorium on Applications For Permits and Licenses Related to Junk Yard Businesses.
Upon the adoption of this Ordinance a moratorium is imposed upon the submission, acceptance, processing, and approval of all applications for permits and licenses by the City of Kermit related to Junk Yards, Ordinance 399. The City staff and the City of Kermit are directed to refuse to accept for filing, and not to process or review, any such new applications for such businesses during the moratorium period.
Section 3. Staff To Investigate and Prepare Proposed Regulations.
Before the expiration of the moratorium imposed by this Ordinance the City staff, working with the City Attorney, shall prepare appropriate regulations for Junk Yards for consideration by the City Council
Section 4. Police Power Finding.
The City Council hereby finds, determines, and declares that this Ordinance is necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the order, comfort and convenience of the City of Kermit and the inhabitants thereof.
Section 5. Authority.
The City Council hereby finds, determines and declares that it has the power to adopt this Ordinance pursuant to the powers contained in the Kermit (Texas) City Charter.
Section 6. Emergency declared; Effective date; Expiration.
Pursuant to the Kermit City Charter, the Council finds, determines and declares that passage of this Ordinance is necessary for the immediate preservation of the public peace, health and safety in order to prevent a person from filing an application for a City permit or license relating to the operation of a Junk Yard until the City has had a reasonable opportunity to determine:
(i) the extent of the City's regulatory authority over such businesses; and
(ii) what regulations, if any, should be imposed by the City upon such businesses. Failure to immediately impose the moratorium provided for in this Ordinance will potentially allow acquisition of certain rights with respect to J u n k Y a r d b u s i n e s s e s before the City has had the reasonable opportunity to consider appropriate regulations thereof. The City Council further determines that the adoption of this Ordinance is in the best interest of the citizens of the City of Kermit. This Ordinance shall be effective upon adoption. The moratorium imposed by this Ordinance shall commence as of the date of the adoption of this Ordinance, and shall expire o n e hundred and twenty (120) days thereafter, unless repealed prior to that date.
PASSED AND APPROVED ON FIRST READING THIS THE 20TH DAY OF JUNE, 2013.
PASSED AND APPROVED ON SECOND AND FINAL READING THIS THE 23RD DAY OF JULY, 2013.
ATTESTED TO: CITY OF KERMIT, TEXAS
City Secretary, Gloria Saenz Mayor, Ken Mays