§ 17-210. Rotation list qualifications.

(a)

A wrecker company may be included on the rotation list if the wrecker company meets all of the following requirements:

(1)

It has registered for and received a certificate of registration, under section 17-203, and a certificate of inspection, under section 17-206, for each tow truck it owns or will use while on the rotation list under this article;

(2)

It owns, leases, or otherwise lawfully possesses and operates a storage facility, located within the incorporated limits of the city, where all motor vehicles it tows on behalf of the city shall be stored at all times and which:

a.

Is enclosed by a permanent six foot solid wood or steel chain link fence, and

b.

Has a gate which is locked when there is no attendant on duty or after normal business hours;

(3)

It maintains at least one wrecker;

(4)

It maintains 24-hour wrecker service;

(5)

Its principal place of business is located within the city limits, with a local telephone number that is answered 24 hours a day, or, if the wrecker company's principal place of business is not located within the city limits, it submits an operating fee as described in subsection (c).

(6)

It is able to respond to any location in the city within 30 minutes of being notified by telephone or within 45 minutes of notification for tow trucks two and one-half tons or more in size;

(7)

It has someone available 24 hours a day to release any vehicle impounded within one hour of a request by the owner or the police department;

(8)

It or the owner of the leased storage facility holds a license issued by the state department of transportation, pursuant to the Vehicle Storage Facility Act, V.T.C.A., Occupations Code ch. 2303, as now enacted or as hereafter amended; and

(9)

It submits an application for placement on the rotation list.

(b)

A wrecker company shall submit a verified application for placement on the rotation list, on a form provided by the chief of police, containing or accompanied by all of the following:

(1)

A copy of the vehicle storage facility license issued by the state department of transportation for a storage facility within the city.

(2)

A list of all drivers' names, dates of birth, and Texas Driver's License numbers. Said list shall be updated as new drivers are added or when a driver's license is suspended or revoked.

(3)

A certificate of insurance indicating general liability coverage in the amount of $1,000,000.00, in addition to the insurance requirements under section 17-203.

(4)

A certificate from the appropriate tax assessor-collector agency that certifies that all city taxes on all properties, real and personal, to be used in connection with the applicant's wrecker business are current. The certificate shall list the name of the wrecker business, its subsidiaries or assumed names.

(5)

A written acknowledgement that the wrecker company has received a copy of the city's fee schedule and understands that the fee schedule contains the maximum fees that may be charged under this article.

(c)

If a wrecker company with its principal place of business outside of city limits wishes to be included on the rotation list, it must submit an operating fee equal to the amount of taxes that would be assessed by the city against the company if its principal place of business was inside the city. The appraised value of the company's principal place of business shall be determined by the most recent appraisal by the county appraisal district.

(d)

A wrecker company will automatically be removed from the rotation list on the expiration date of its certificate of registration, as provided in section 17-204, and will be placed back on the list only upon compliance with the provisions of this article and any other applicable laws, ordinances, or regulations which shall be in effect at the time of the renewal request application.

(e)

Each wrecker company having a place on the rotation list shall be responsible for updating the information provided in the application by submitting supplemental information on forms provided by the chief of police. Failure to provide updated information, such as, but not limited to, replacement or additions of tow trucks, drivers' license suspensions or revocations, change in insurance company, change in storage facility, change in fees, or expiration of storage facility license, shall be grounds for suspension or removal from the rotation list.

(Ord. No. 16-813, § I, 5-16-16)