(A) At least 90 calendar days prior to the date an existing Official Police Tow Service franchise is due to expire, or whenever the Chief Executive Officer or his or her designee determines that the city has an established need for a new or additional tow truck operator to provide Official Police Tow Services to the city, the Chief Executive Officer or his or her designee shall request that the Department of Finance send out a notice of request for qualifications for a tow truck operator except where the performance of an existing Official Police Tow Service has been exemplary in which case the franchise shall be renewed by the City Council. The City Council by majority vote must make the determination of whether “the performance of an existing Official Police Tow Service has been exemplary.” The City Council’s decision regarding “exemplary” services is final and cannot be appealed. The request for qualifications shall be prepared by the Department of Finance and shall be approved by the Chief Executive Officer or his or her designee. Any proposals shall be reviewed by the Chief Executive Officer or his or her designee. The Chief Executive Officer or his or her designee shall select the most qualified proposal(s), if any, and the Police Department shall conduct a background investigation on the operator and his/her employees, and Chief Executive Officer shall verify all information included in the proposal submitted to the city.
(B) Upon successful completion of the background investigation, the Chief Executive Officer or his or her designee shall recommend, in writing, to the City Council the award of a franchise based on the bidder’s compliance with the objective criteria established by this chapter. In preparing requests for and evaluating proposals received by the city, the Department of Finance and the Chief Executive Officer or his or her designee shall comply with the procedures and criteria adopted by this chapter.
(C) The City Council has the discretion to grant a franchise to a tow truck provider that does not meet each of the requirements set forth in this chapter, but only where it is determined that full and complete compliance shall be achieved within six months of the date the franchise is awarded.
(D) For the purposes of this section, the city has an established need for a new or additional Official Police Tow Service if any of the following occurs:
(1) An existing Official Police Tow Service's franchise is revoked in accordance with the provisions of § 100.245 of this chapter; or
(2) The response times of all of the existing Official Police Tow Services fail to meet the average response time required by § 100.220 because of a demonstrable increase in the volume of official tows; or
(3) The city annexes additional area and the Chief Executive Officer or his or her designee, in his/her sole discretion, determines that the increased area and population warrant additional Official Police Tow Services to adequately protect the public health, safety and welfare.
(E) To be eligible for a franchise under this chapter, a tow truck operator or company shall have a minimum of five years of verifiable experience performing law enforcement towing and storage and shall have paid all applicable city fees and business licenses during said period where said business was maintained in the city prior to the issuance of a franchise.
(Ord. 1161, passed 7-12-00; Am. Ord. 1177, passed 5-2-01; Am. Ord. 1407, passed 3-7-18)