HomeMy WebLinkAboutNS-2255 Not adoptedtat: 5/25/9~
ORDTN~CE HO, NS- 2255
~ ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BANTAAI~A~I~ENDING THE B~IT~I~.MUNICIP*%L
CODE BY ~DDING ~ ~.RTZCLE ENTITLED VEHZCLH
TOWING ~ID RECOVERY BERVICBE TO CHAPTER 15
THE E~NT~i~I~ MUN~CIPi%L CODE.
The city Council of the city of Santa Ana
follows:
$~CTION 1: That the Santa Ana Code
amended by adding an Article to Chapter 15, be
IV, which said Article reads as follows:
ordain as
is hereby
Article
~RTICLE IV. VEHICLE
Seo. 15-400. Purpos~
It is hereby
vehicle towing and
the city is a publi~ service
the city. It is the
which would provide
requests for towing
public streets as well
for the removal of such
'ision of
~he of
overseen by
forth procedure
)licy of distributing
)r abandoned vehicles from
fficient policing operations
Beo. 15-401. bions.
For purposes
phrases,
have the meaning:
this article, the following words, terms,
and the derivatives of any thereof, shall
forth herein:
(a) shall mean any authorization granted pursuant
to article in terms of a franchise, privilege or
, to provide vehicle towing and recovery
,ices on request of the police department.
(b) shall mean the person or organization to whom or
which a franchise is granted by the city council pursuant
to this article, and the lawful successor or assignee
thereof.
(c) Police department shall mean the police department of the
City of Santa Ana.
531
Following the granting of one or more franchises
this article, no person shall be allowed to provide
towing or recovery services for or on behalf of
department unless a franchise therefor has first
pursuant to the provisions of this article,
franchise is in full force and effect.
L5-402. Activities vhich ere unlawful unless authorized
Beo. 15-403. Authority of oounoil to
Whenever it deems such to be for the
subject to the provisions of Article
city, may and is hereby empowered to gr~
person, whether operating under an ex]
nonexclusive franchise to provide
service at the request of the poli~
to
police
obtained
~SS such
franchises.
ood, the council,
of the
inance, to any
[se or not, a
lnd recovery
eeo. 15-404. Terms and
(a) Ail franchises
provision of this art
the number of
provision of this
the council from ref%
and whenever, it
franchise or franchise:
No
restricting
number and no
.bit or prevent
ise or franchises if,
the grant of any such
good.
(b)
specified in the
conditions
franchise the counc~
and conditions,
whether governme
judgment of the
Ail franchis, subject to terms and conditions
city of Santa Ana and to terms and
in .s article. Also, in granting any
may prescribe such other and additional terms
in conflict with said Charter or this article,
or contractual in character, as in the
are in the public interest.
Beo. 15-4
Applications for franohisss.
(a) No for a franchise under the provisions of
this articl4 be filed except during such time as the council
directs .icitation of competitive proposals from prospective
applicants in accordance with a written request for proposals
approved the council.
as a
requi:
The council may set a fee to be charged to each applicant
on to the filing of an application. In addition, it may
that a grantee or a franchise reimburse the city for costs
in the administration of the application process to the
they may exceed application fee revenues.
533
(c) Each application shall be filed at the place and in the
manner speoified in the request for proposals, shall contain all
information and documentation and the proposal description required
by the request for proposals, and shall be accompanied by
required application fee. The council, or such officer as it
designate, may, at any time, demand from any applicant
additional information as is reasonably necessary to de ~ine
whether the franchise should be granted to such
Seo. 15-406. Seleotion of proposed grantee.
(a) After the close of the period f~
the council, or such officer as it
review the applications to insure
proposals approved by the
adequacy of the response the
experience, reputation
applicant and any
public interest.
prepared for
a franchise ~osed
conditions, and
(b)
for hearing in
resolution required
of the terms and cot
shall state that the
available for public
council.
app _ications,
proceed to
the request for
include the
, the
Llity of the
the
cause to be
[nance granting
forth the terms,
.1 set the proposed ordinance
1303 of the Charter. The
;ion shall contain a brief summary
Df the proposed franchise grants and
text of the proposed ordinance is
in the office of the clerk of the
(c) If the fin
grant of a
council may soli~
appropriate.
decision of the council is to reject the
any or all of the proposed grantees, the
new proposals, as the council deems
(d) At
determine not
proceedings.
of the application process, the council may
grant any franchises and discontinue further
~eoo
Hearing on applioations.
At ~ hearing on the applications for franchises, the council
shall all persons desiring to be heard a reasonable
.ty to present evidence or to be otherwise heard in favor
of in opposition to the granting of franchises to the
ape :ants. At such hearing, the council may demand such additional
information as it may deem relevant and necessary. The hearing may
be continued or adjourned, from time to time, to a stated time and
place without the giving of further notice.
3
535
Bec. 15-408. Council's decision on &ppl~o&tions.
(a) Upon conclusion of the hearing on the applications for
franchises, or within a reasonable time thereafter, the council
shall render its decision thereon. If it deems such action to be
for the public good, it may refuse to grant any or all of
requested franchises, or it may, by ordinance, grant the
subject to such terms, conditions, rules, regulations,
and limitations, governmental or contractual in nature it may
deem advisable to protect the interests of the city people.
(b) In making its decision, the council sha
applicants' legal, financial, technical, and
and any other consideration that will sar
interest.
(c) The vehicle towing
granted by the council to the
or the same as that request~
different therefrom. For
thereby may be less
applicants.
(d) No
franchise shall
grantee.
consider the
[fications,
city's public
or
~es franchises
be identical to
may vary or be
[leges granted
requested by
by ordinance. No
until accepted by the
Bec. 15-409.
Within twenty
ordinance awarding
of time as the coun(
successful applicants
their written
attorney, or the
and to comply
applicable ~
article and prov~
agreement shall b
a notary public
and approved
mfter the effective date of the
ises, or within such extended period
n its discretion may authorize, the
grantees shall file with the city clerk
in form satisfactory to the city
stating its agreement to be bound by
and to do all things required of it by
of the city's Charter, provisions of this
of the franchise. Such acceptance and
owledgedbyeach successful applicant before
shall in form and content be satisfactory to
city attorney.
phrase or
invalid or
competent
of the
the
~ If any section, subsection, sentence, clause,
.on of this ordinance is for any reason held to be
~stitutional by the decision of any court of
.ction, such decision shall not affect the validity
portions of this ordinance. The city Council of
Santa Ana hereby declares that it would have adopted
this nance and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
4
537
~F~_T_I_Q_~L_/: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect
prosecution for violation of ordinances, which violations
committed prior to the effective date hereof, nor be as
affecting any of the provisions of such ordinance the
collection of any such license or penalty or the penal ~ion
applicable to any violation thereof, nor to affect the of
any bond or cash deposit in lieu thereof, required posted,
filed or deposited pursuant to any ordinance and rights and
obligations thereunder appertaining shall full force
and effect.
ADOPTED this
day of , 1995.
ATTEST:
Janice C. Guy
Clerk of the Council
COUNCILMEMBERS:
Pulido
Richardson
Espinoza
Lutz
McGuigan
Mills
Moreno
A. Pulido