As used herein the following words and phrases shall have the meanings indicated:
Ambulance.
Every motor vehicle used, designed or redesigned for the transportation of sick or injured persons.
Ambulance Drivers.
Any person who shall operate an ambulance on the streets of the City of Brownfield, Texas.
Ambulance Operator.
Any person, partnership, joint venture, or corporation or association of persons holding a permit from the City of Brownfield to operate an ambulance.
Driver's Permit.
A City of Brownfield ambulance driver's permit.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-1)
A person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction shall be fined in accordance with the general penalty provision set forth in Section 1.109 of this code. Each day's violation shall constitute a separate offense.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-2)
It shall be unlawful and contrary to the terms of this article for any person, partnership, joint venture, corporation or association of persons to engage in the furnishing of ambulance service within the city limits of the City of Brownfield, Texas, or on the public streets thereof without having first complied with all the terms and provisions of this article and having obtained a permit to operate such ambulance on the streets of the City of Brownfield, Texas.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-3)
(a) 
Application for an ambulance operator's permit shall be filed with the secretary of the City of Brownfield, Texas, and such application shall be in a form acceptable to the city secretary and shall contain proof of the following matters. Such application shall be sworn to before a notary public or other officer authorized to take oaths.
(1) 
The applicant or applicants have not been convicted of a felony or of a misdemeanor involving moral turpitude within ten (10) years from the date of filing such application.
(2) 
A certificate of insurance must be furnished to show that the applicant has obtained or will obtain liability insurance in accordance with the requirements hereinafter provided before commencing ambulance service in the event the city council determines an ambulance emergency operator's permit should be granted to such applicant. No ambulance operator's permit shall be issued until such insurance is in effect and until satisfactory proof of such fact is made to the city secretary.
(3) 
A statement that the applicant has been issued a permit by the state board of health pursuant to the terms and provisions of Article 4590b of the Texas Civil Statutes. No ambulance permit will be issued unless the applicant has obtained such a permit.
(b) 
Upon receipt of the application in due form and containing all information required by this article, the city secretary shall cause a notice to be published in the city's newspaper one time at least ten (10) days and not more than fifteen (15) days prior to the next regular meeting of the Brownfield City Council and such notice shall state that the application has been received by the city secretary. In addition to the public notice set forth above, the city secretary shall notify in writing each holder of a current ambulance operator's permit of the receipt of such application and such notice shall indicate that a public hearing will be had at the next regular council meeting, giving the date of such meeting. The applicant shall pay to the city secretary upon the filing of his application the cost of publication of such notice as is required by this article.
(c) 
Provided that any person operating an ambulance service within the City of Brownfield shall be issued a permit without notice and hearing upon such person making application within ten (10) days after the effective date of this article and upon such persons furnishing the certificate of insurance as herein provided.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-4)
(a) 
Hearing.
The city council of the City of Brownfield, Texas, shall hold a public hearing at the time and place specified in the published notice.
(b) 
City Council's Findings.
The applicant shall not be granted an ambulance operator's permit unless the city council finds and determines that the public convenience and necessity will be served by the issuance of such permit. The city council shall hear all of the relevant and material evidence presented by applicant and his witnesses and by persons who appear in opposition to the application. The council shall also have the right to call any other witnesses that it may deem necessary or appropriate. In all such hearings the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that the public convenience and necessity will be served by the granting of the ambulance operators permit.
(c) 
Public Convenience and Necessity Shall Mean That:
(1) 
the existing ambulance service within the City of Brownfield will not be adversely affected so as to lower the standards of existing services within the city;
(2) 
there is a need for additional ambulance service within the City of Brownfield, Texas;
(3) 
existing ambulance service is inadequate to serve the needs of the public, whether such inadequacy is caused by the lack of equipment, the lack of competent personnel, mismanagement, or any other cause whatsoever;
(4) 
the financial responsibility of the applicant to furnish the service for which he has made application.
(d) 
Granting or Denying Permit.
The city council shall make determinations as to the existence or non-existence of public convenience and necessity within fifteen (15) days of the date of the conclusion of such hearing and it shall notify the applicant and all other parties who appeared at such hearing as a party at interest of the decision of the city council. Unless such application is granted within fifteen (15) days of the conclusion of the public hearing, it will be deemed to have been denied.
(e) 
Duration of Permit.
An ambulance operator's permit issued pursuant to this article shall remain valid so long as all terms and provisions of this article are complied with and so long as ambulance service is provided by the holder of such permit. Should he cease furnishing adequate ambulance service, should he permit or suffer his liability insurance to lapse, such permit shall be automatically forfeited and cancelled and may be reinstated only upon submission of a new application.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-5)
(a) 
Before an ambulance operator's permit is granted to an applicant, or before any renewal thereof, the applicant or the operator seeking renewal shall provide evidence to the city secretary that he has in full force and effect a public liability and property damage insurance policy on each ambulance, such insurance policy to be issued by an insurance company licensed to do business in the State of Texas. Such insurance policy or policies shall provide liability insurance in the amount of not less than $300,000.00 for any one accident and not less than $100,000.00 for injury to any one person and not less than $25,000.00 for property damage. Such insurance policy shall not contain a passenger liability exclusion.
(b) 
Evidence of such insurance shall be in the form of a certificate of insurance stating fully the nature and extent of coverage provided, and such certificate shall contain a provision to the effect written notice will be given to the city secretary at least ten (10) days prior to the effective date of any cancellation of such insurance policy or policies.
(c) 
Failure of operator to maintain at all times a currently effective certificate of insurance shall be grounds for the cancellation of his permit.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-6)
(a) 
All persons, firms or corporations holding an ambulance operator's permit shall keep a record of all ambulance calls made, the type service rendered, date, time, place picked up and where taken.
(b) 
The books and records of the holder of any ambulance operator's permit shall be open for inspection by the city manager of the City of Brownfield or personnel under his direction.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-7)
The city manager may from time to time with the advice of the city health officer make a list of supplies to be carried at all times in any ambulance, and notification shall be given to the operators of all such vehicles as to such requirements. The failure of any permit holder to comply with the requirements so established after adequate notification given in writing of such requirements shall be grounds for the suspension or revocation of this permit.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-8)
It shall be unlawful for an ambulance operator to refuse to carry or transport any sick or injured person at the place of an emergency on account of the apparent indigence of such person or the inability of such person to pay for emergency ambulance service. The operator shall not be required to furnish ambulance service of a non-emergency nature unless the recipient of such service shall make satisfactory financial arrangements with such operator. The contractor will provide prompt and efficient twenty-four (24) hour ambulance and transfer service to the citizens of Brownfield and Terry, County, Texas.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-9)
All changes in the organization or ownership of any partnership or corporation shall be promptly reported to the city secretary within ten (10) days after such change occurs, and any individual becoming connected with the operation of such ambulance shall file his individual application with the city secretary certifying to the qualifications set forth in Section 4.104.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-10)
The city council of the City of Brownfield shall upon the passage of this article set up a rate of charges to be made by the ambulance operators for various services rendered. The city council may from time to time make changes in the rates as in their opinion should be made.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-11)
(a) 
It shall be unlawful for any person to drive or operate an ambulance unless such person has obtained from the City of Brownfield an ambulance driver's permit. In order to be eligible for such permit, such person must make application to the chief of police of the City of Brownfield which such application shall contain the following information:
(1) 
That the applicant is twenty-one ( 21) years of age or older.
(2) 
That the applicant has not been convicted of a felony or of a misdemeanor involving moral turpitude within the last ten (10) years.
(3) 
The applicant is a holder of a Texas Chauffeur's License.
(4) 
That such application be sworn to before a notary public.
(b) 
Upon the receipt of such application, the chief of police shall cause an investigation to be made of the driving record of such applicant, and if such driving record appears satisfactory, and if all other provisions of this article have been complied with, the chief of police may issue such ambulance driver's permit. The chief of police may refuse to issue such permit for good cause.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-12)
The city may, after notice and hearing, suspend or revoke permit issued to any driver under this article if such driver has violated the terms of this article or any other ordinance or law regulating traffic in the City of Brownfield, Texas. All ambulances operating in the City of Brownfield shall be operated according to the ordinances regulating traffic. Ambulance drivers shall obey traffic regulations and the posted speed limits at all times.
(1965 Code of Ordinances, Chapter 2 1/2, Section 2 1/2-13)