No wrecker service shall engage in police pulls within the city unless the service shall first have obtained from the city a registration certificate pursuant to this article.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
The holder of a registration certificate to perform police pulls within the city will receive the right to receive police pull calls only. The issuance of such a certificate shall not be deemed to infer that the city will utilize the certificate holder for city vehicle towing and/or repair business. However, the city is not prohibited by this article from using a certificate holder for such purposes.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
In order for any person to be eligible for a certificate, a wrecker service must satisfy the following minimum requirements, both at the time of issuance of the certificate and at all times during the duration of the certificate:
(1) 
A valid license to operate a vehicle storage facility issued by the commissioner of licensing and regulation of the state.
(2) 
A valid certificate of registration as a tow truck owner issued by the commissioner of licensing and regulation of the state.
(3) 
A valid incident management towing permit issued by the commissioner of licensing and regulation of the state.
(4) 
No fewer than two (2) one-ton or larger trucks with at least a four (4) ton factory-rated wrecker mounted thereon, available for police pull operations at all times.
(5) 
In operation or otherwise at all times available for police pulls at least one (1) five-ton truck with at least a sixteen (16) ton factory-rated wrecker mounted thereon.
(6) 
A storage lot which is fenced and locked with a capacity for at least 50 police pull vehicles. These facilities, serving as a city pound, shall have a storage area constructed with a proper screening fence, so as to create a segregated fenced area used for city police pulls only.
(7) 
The police pound shall be reasonably convenient to both the police and the general public, and shall be located in the city or within one (1) mile of a boundary of the city.
(8) 
Sufficient personnel to operate the minimum equipment, dispatch the equipment, secure property stored in the storage lot, and release impounded vehicles on a full-time, 24-hours-per-day basis, every day of the year.
(9) 
Maintenance in force of insurance policies of public liability and property damage insurance on each tow truck to be issued by an insurance company authorized to do business in the state and in the standard form approved by the state board of insurance, in amounts not less than those required to maintain an incident management towing permit issued by the commissioner of licensing and regulation of the state. The policy shall contain an endorsement providing for thirty (30) days’ notice to the city in the event of any material change or cancellation of the policy, name the city as an additional insured, and contain a waiver of subrogation against the city.
(10) 
A minimum response time of twenty (20) minutes from the time of a police call for wrecker dispatch to arrival at the service location.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
Application for a registration certificate to perform police pulls within the city shall be in writing, signed and sworn to by the applicant, and shall be filed with the city secretary. The application shall contain at least the following information, but may contain such additional information as the applicant feels important to consideration of the application:
(1) 
The name, date of birth (if a natural person) and address of the applicant; if a partnership, the name, date of birth and address of each partner; if a corporation, the name, date of birth and address of each officer/director, the address of its principal place of business, and the name of its registered agent. A certified copy of its articles of incorporation and authority to conduct business in the state shall be attached to the application.
(2) 
The trade name under which the applicant does or proposes to do business, together with proof of assumed name registration, if any.
(3) 
The address of each place of business from which the applicant proposes to operate.
(4) 
As to each wrecker vehicle operated by the applicant, the model, size, year, make, vehicle identification number, state license registration number, a state tow truck certificate of registration information, and a state incident management towing permit number.
(5) 
As to each wrecker vehicle operated by the applicant, a statement that the vehicle is currently and will remain licensed, inspected and registered as a tow truck with an incident management towing permit with the state.
(6) 
A statement that the applicant has rendered for ad valorem taxation all of the property used by his wrecker business.
(7) 
A statement that all of the applicant’s wrecker vehicles are and will remain in compliance with state tow truck requirements, as specified in V.T.C.A., Occupations Code, ch. 2303, and the rules adopted pursuant thereto by the state commission of licensing and regulations.
(8) 
A statement that all of the requirements of section 4.06.063 will be met or exceeded at all times during the duration of the certificate.
(9) 
A statement indicating the fiscal year end used by the applicant for accounting purposes in his wrecker service operation.
(10) 
A statement that the applicant is currently and will remain in compliance with any regulations that permit the unlimited towing of all motor vehicles and trailers by the applicant’s wreckers, in accordance with this article, from any point within the city to any point within the state and vice versa.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
(a) 
Upon receipt of a complete application, the chief, or his designee shall review the application. The chief may refuse to approve the issuance of a registration certificate for one or more of the following reasons:
(1) 
Failure to comply with the eligibility requirements provided in section 4.06.063 of this article.
(2) 
The making by the applicant of any false statement or omission of information as to a material matter in an application for registration.
(3) 
Conviction of the applicant, or an employee of the applicant or registration holder for a violation of a provision of this article.
(4) 
Revocation of a registration certificate issued to the applicant or any owner, partner or corporate officer of the applicant within three years preceding the application pursuant to this section.
(5) 
Conviction of the applicant, or any owner, partner, corporate officer or employee of the applicant of a felony, assault, fraud, burglary, theft, DWI or other offense involving moral turpitude within five years preceding the application.
(6) 
Suspension of a state license for any reason.
(7) 
Failure to comply with any of the requirements of this article.
(b) 
If the chief denies an application for a registration certificate, written notice shall be mailed to the applicant, at the address shown on the application, by certified mail, return receipt requested. The notice shall state the reason for denial.
(c) 
A person who has received notice of the denial of his application for a registration certificate shall have the right to request a hearing before the city council for the purpose of appealing the denial.
(d) 
Notice of appeal of the denial and request for a hearing shall be in writing and delivered to the city secretary not later than five (5) days following the receipt of the denial.
(e) 
Upon receipt of the written notice of appeal, the city secretary shall schedule the hearing for a time not later than thirty (30) days following the date of receipt of said notice, and not earlier than ten (10) days, unless such time frames are extended or modified by agreement.
(f) 
The written notice of appeal shall state the reason for the appeal in language setting forth the certificate holder’s position and cause for appeal of the decision of the chief. The decision of the city council shall be final.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
No registration certificate issued hereunder shall be transferable without the consent of the chief. A purported transfer without such consent shall cause an immediate suspension of such certificate. The term “transfer” shall include a transfer of a majority interest of ownership in the wrecker service business.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
A registration certificate issued under this article shall remain in effect until:
(1) 
The chief determines that the registration certificate has become subject to suspension or revocation by authority of this article;
(2) 
The certificate holder decides to discontinue doing business under the authority of the certificate. Any certificate holder who wishes to cease doing business under the certificate must provide the city with written notice of such intent not less than ninety (90) days prior to the date the holder intends to cease doing business.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
The chief shall administratively review a registration certificate annually to ensure the certificate holder’s continued compliance with this article. A certificate holder shall provide all information reasonably requested by the chief in order to allow for a complete annual review. Failure of the certificate holder to maintain compliance with the requirements of this article, or to cooperate with the chief’s annual review shall be grounds for revocation of the registration certificate.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
(a) 
Municipal fee.
Each holder of a certificate shall pay to the city a municipal fee of forty-five dollars ($45.00) for each vehicle the certificate holder tows from police pulls, except for those vehicles that go to auction. The payments shall be due on or before the tenth day of each month, with the amount due being based upon number of police pulls for the preceding calendar month for vehicles that did not go to auction. The payments shall be made to the finance director of the city.
(b) 
Report required.
Each certificate holder shall also submit, with the above payment, a written report listing all vehicles towed as a result of a police pull. The list shall contain at least the following information: Date, invoice number and DPS incident number.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
Any registration certificate may either be suspended for up to six (6) months or permanently revoked by the chief as provided in this division.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
The chief may suspend or revoke the certificate for the following reasons:
(1) 
Breach of the terms or conditions of this article;
(2) 
Failure to respond to police pull calls in a timely manner;
(3) 
Failure to pay when due the flat fee per vehicle pulled owed to the city;
(4) 
Failure to maintain required records and provide access thereto;
(5) 
Failure to comply with any state requirements for the operation of wrecker service or storage facility;
(6) 
Failure to comply with any notice requirement of this article.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
(a) 
Every suspension or revocation order shall be in writing, dated and signed by the chief. The order shall set forth, in detail, the cause or causes of such suspension or revocation. The notice shall be sent to the certificate holder by certified mail or personal service.
(b) 
A certificate holder who has received a notice of suspension or revocation shall have the right to request a hearing before the city council for the purpose of appealing the suspension or revocation.
(c) 
Any appeal raised by a certificate holder shall stay the suspension or revocation until such time as the matter is heard in the manner herein provided.
(d) 
Notice of appeal of the suspension or revocation and request for a hearing shall be in writing and delivered to the city secretary not later than five (5) days following the receipt of the order of suspension or revocation.
(e) 
Upon receipt of the written notice of appeal, the city secretary shall schedule the hearing for a time not later than thirty (30) days following the date of receipt of said notice, and not earlier than ten (10) days, unless such time frames are extended or modified by agreement.
(f) 
The written notice of appeal shall state the reason for the appeal in language setting forth the certificate holder’s position and cause for appeal of the decision of the chief. The decision of the city council shall be final.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
Upon revocation of a certificate, the certificate holder shall be ineligible for a new certificate for a period of one (1) year.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)
After suspension of a certificate, a certificate holder may file with the chief a written request for reinstatement. This request must be made to the chief within one (1) day of the receipt of the notice of the action of the chief and the chief shall rule on the request within 48 hours after receipt of same. This procedure shall in no way affect the running of the time for filing a notice of appeal as provided in section 4.06.072 hereof.
(Ordinance 2019-04, sec. 3, adopted 3/21/19)