R95-16 03-13-95 111 4110
RESOLUTION R95 -16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS RECOGNIZING THE FEDERAL AVIATION ADMINISTRATION
AUTHORIZATION ACT OF 1994 "ACT ACKNOWLEDGING THE
ACT'S PREEMPTION OF LOCAL REGULATION OF TOW TRUCKS;
ENFORCING THE CURRENT WRECKER ORDINANCE ONLY TO THE
EXTENT THAT IT DOES NOT CONFLICT WITH THE ACT; AND
COMMITTING TO A 60 -DAY REVIEW PERIOD IN WHICH TO CLARIFY
AND RESOLVE ISSUES RELATIVE TO WRECKER SERVICES WITHIN
THE CITY OF PEARLAND.
WHEREAS, the United States Congress adopted the Federal
Aviation Administration Authorization Act of 1994 "Act which
became effective on January 1, 1995; and
WHEREAS, certain provisions in the Act preempt local regula-
tion of tow trucks with respect to prices, routes, and services;
and
WHEREAS, under the Act cities continue to have authority to
regulate tow trucks with respect to motor vehicle safety and
financial responsibility; and
WHEREAS, it is the desire of City Council to uphold and
enforce the current wrecker ordinance only to the extent that it
does not conflict with the Act pursuant to the severability and
savings clauses in the current wrecker ordinance; and
WHEREAS, City Council realizes the need for clear and concise
direction with regard to wrecker services within the City and
related issues; now, therefore,
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS:
Section 1. That City Council recognizes the Federal Aviation
Administration Authorization Act of 1994 (also known as the Airport
and Airway Improvement Act) and its preemption of local regulation
of tow trucks with regard to prices, routes, and services.
Section 2. That City Council will enforce the current wrecker
ordinance only to the extent that it does not conflict with the Act
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RESOLUTION R95 -16
pursuant to the severability and savings clauses in the current
wrecker ordinance.
Section 3. That City Council makes a commitment to review,
clarify, and resolve issues relative to wrecker services within the
City of Pearland during the next 60 days in light of the Act and
proposed legislation relevant thereto.
PASSED, APPROVED and ADOPTED this the kg day of 0 tom.)
A. D., 1995.
e COpP NclinWID SMITH
MAYOR PRO -TEM
ATTEST:
40-7.7,/,,,..
,�a:0
TOMMIE JEAN VIA
INTERIM CITY SECRETARY
1
APPR• D AS TO FORM:
J� U 1 i 1'a
4R M4TE'• •UGH
C ATTIRNEY
2