§ 13-108. Rotation list qualifications.
(1)
A tow company may participate on the rotation list if the tow company meets the following requirements:
(a)
It has registered and received a certificate of registration and inspection sticker for each tow truck it owns or will use while on the rotation list under this Article 4.07;
(b)
It owns, leases, or otherwise lawfully possesses and operates a storage facility located within the full or limited purposes annexation areas of the city where all motor vehicles towed on behalf of the city shall be stored at all times and which:
(i)
Are enclosed by a permanent eight-foot privacy fence that is constructed according to city building regulations as now enacted or as hereafter amended; and
(ii)
Has a gate which is locked, when there is no attendant on duty or after normal business hours;
(c)
It maintains at least one (1) tow truck;
(d)
It maintains twenty-four-hour tow service and a local telephone number which is answered twenty-four (24) hours a day;
(e)
It is able to respond to any location in the city within thirty (30) minutes of being notified by telephone. Tow trucks two and one-half (2½) tons or more in size must be able to respond within forty-five (45) minutes after notification.
(f)
It has someone available twenty-four (24) hours a day to release any vehicle impounded within thirty (30) minutes of a request by the owner or the police department.
(g)
It or the owner of the leased storage facility holds a license issued by the Texas Department of Transportation, pursuant to the vehicle storage facilities, V.T.C.A. Occupations Code Ch. 2303, Texas Occupations Code, as now enacted or as hereafter amended.
(h)
It submits an application for placement on the rotation list.
(2)
A tow 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 the following:
(a)
A copy of a vehicle storage facility license issued by the Texas Department of Transportation for a storage facility within the city.
(b)
A list of all drivers and drivers driving records, obtained from the Texas Department of Public Safety, said list shall be updated as new drivers are added or when a drivers' license is suspended or revoked.
(c)
A city certificate of insurance form indicating general liability in the amount of one million dollars ($1,000,000.00), in addition to the insurance requirements under section 13-104(2)(d).
(d)
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 towing company are current. The certificate shall list the name of the towing company, its subsidiaries or assumed names.
(3)
The following maximum fees may be charged by tow companies under this article for the use of tow trucks on the rotation list for nonconsent and incident management tows:
(a)
One hundred dollars ($100.00) regular or flat bed tow;
(b)
Sixty dollars ($60.00) additional labor;
(c)
Five hundred sixty dollars ($560.00) heavy duty tow (over twenty-six thousand (26,000) pounds);
(d)
Fifty-five dollars ($55.00) standby (after first hour); and
(e)
Thirty-five dollars ($35.00) winching;
or such other amounts as may be from time to time hereafter established by amendment to the schedule of fees ordinance maintained on file by the city secretary.
(4)
A tow company will automatically be removed from the rotation list on the expiration date of its certificate of registration, as provided in section 13-105 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.
(5)
Each tow 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, or expiration of storage facility license, shall be grounds for suspension or removal from the rotation list.
(Ord. No. 10-04-07, 4-8-10)