§ 5-46. Application.

(a)

Any owner desiring to operate an emergency auto wrecker or emergency auto wreckers in the City of South Houston shall make application to the chief of police of the City of South Houston for an emergency auto wrecker permit. Such application shall be submitted upon forms to be furnished by the chief of police and the applicant shall furnish the following proof and information with his application, which shall be sworn to before a notary public:

(1)

That the owner making application for an emergency auto wrecker permit shall be a citizen of the United States, more than twenty-one (21) years of age, and able to read and write the English language.

(2)

An agreement that the applicant will participate in the wrecker rotation list and parking rotation.

(3)

The name and address of the vehicle owner, and if the emergency auto wrecker is to be operated under the name of some other company than the name of the owner, the name of the company. Accompanying the application shall be signed copy of the agreement and contract between the vehicle owner and the company in whose name the emergency auto wrecker is to operate. The emergency auto wrecker permit shall be issued and no transfer from one company to another company by the vehicle owner shall be permitted until the chief of police has been notified in writing and a signed copy of the new contract and agreement has been submitted to him for approval. If an individual, the application shall so state. If a partnership, the partnership name and address shall be given together with the names and addresses of all partners. If a corporation, the corporate name and office address shall be given, together with the names and addresses of the president and secretary. All of the provisions and requirements applicable to persons in this article shall apply to and be required of each partner and of each of the three (3) principal officers and the failure of any of them to meet such requirements shall be grounds to deny the application of the corporation or partnership. All changes of such officers or partners shall be reported to the chief of police within ten (10) days after the change and said new officers or partners shall individually file applications certifying to their individual qualifications within such time and the failure to certify within said time or to possess the said qualifications required of such persons under this article, shall be cause for the suspension of all permits held by said corporation, or partnership.

(4)

The number of vehicles an emergency wrecker permit owner desires to operate and have licensed, although only two (2) emergency auto wreckers per owner shall be placed on the rotation system; and the make, model, vehicle identification number and correct state license number of each vehicle to be licensed as an emergency auto wrecker.

(5)

Each person making application shall submit three (3) passport-size photographs of himself to the chief of police and submit himself to be fingerprinted at the Police Department of South Houston.

(b)

Upon filing of an initial application for an emergency wrecker permit, the chief of police shall promptly notify the mayor of the filing of the application and the mayor shall notify the city secretary to include an agenda item on the posted agenda at the regularly scheduled city council meeting for council's approval or denial of the application. A fee of fifteen dollars ($15.00) for processing an initial application must be submitted with the application. The city secretary will post the agenda for the regularly held city council meeting to provide notice of the public agenda item to the applicant and all emergency auto wrecker licenses. In addition to the requirements of subsection (a) of this section, an initial applicant shall:

(1)

Show proof of insurability in compliance with section 5-51 of this article; and

(2)

Provide at least one emergency auto wrecker which meets the requirements of this article.

(c)

An application under this section must be filed from January 1st and January 31st of each year, unless otherwise deemed necessary by the chief of police. If said application is approved, the permit issued shall become effective on April 15th of that year.

(Ord. No. 659, § 3, 11-6-79; Ord. No. 706, 8-16-83; Ord. No. 2012-14, § 2, 8-28-12)