Ord. 0374-2 10-12-92ORDINANCE NO. 374-2
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF CITY OF
PEARLAND, CHAPTER 31, WRECKER SERVICE, SEC. 31-6 (d) FOR
THE PURPOSE OF PROVIDING AN EXCEPTION TO THE RULES
PROHIBITING TRANSFERABILITY OF EMERGENCY WRECKER TAGS IN
THE CASE OF AN ASSIGNMENT OF THE PERMIT IN CONNECTION
WITH AND AS PART OF THE SALE OF A GOING BUSINESS;
PROVIDING FOR AN EFFECTIVE DATE; AND CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AND CODIFICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF PEARLAND, TEXAS:
Section 1. That Sec. 31-6(d) of the Code of Ordinances, City
of Pearland, Texas, is hereby amended to read as follows:
"Sec. 31-6. Issuance of permit.
(d) Permit personal to owner; nontransferable; supplemental
permit for additional or replacement vehicle. A permit issued
under this section for an emergency auto wrecker shall be a
nontransferable personal permit to the owner and shall not
entitle any other person or corporation to operate such an
emergency auto wrecker. Provided, however, this prohibition
against transferability shall not apply to an owner who
desires to assign an emergency auto wrecker permit in
connection with and as part of the sale of a going business,
whether sole proprietorship, partnership, corporation, or
other entity."
Section 2. All rights and remedies which have accrued on be-
half of the City are hereby preserved.
Section 3. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions thereof.
Section 4. It is the intent of the City Council of the City
of Pearland, Texas, that this Ordinance shall be codified in the
City's official Code of Ordinances as provided hereinabove.
Section 5. This Ordinance shall be effective immediately upon
its adoption by the Council. p
PASSED and APPROVED on First Reading this the 24 day of
A.D., 1992.
ATTEST:
PAT JONES, ¢STY SECRETARY
st
C - ,-MA'ICi�-
Randy Weber, Mayor Pro-Tem
PASSED and APPROVED on Second and Final Reading this the /
day of ��, A.D., 1992.
C. V. COPP
MAYOR
ATTEST:
PAT JONES
CITY SECRE
APPROVED .AS TO FORM:
LESTER G. RORICK
CITY ATTORNEY