§  117.03  PRIVATE NON-EMERGENCY AMBULANCE SERVICE REGULATION.
   (A)   License required.  It shall be unlawful for any person to furnish, operate, advertise or otherwise engage or profess to be engaged in the operation of an ambulance service within the territorial limits of the City of Harker Heights without first having obtained a license as provided herein. This section shall not apply to:
      (1)   Those persons or entities authorized to provide emergency ambulance service by § 117.02(A);
      (2)   Those agencies assisting Harker Heights in “mutual aid” occurrence when Harker Heights has requested assistance; or
      (3)   The transportation of a person or persons through Harker Heights in transit to a medical facility on a call originating outside the Harker Heights’ primary response area as listed with the Texas Department of Health.
   (B)   Application.   The application for an ambulance service license shall be filed with the Director of Emergency Services on a form promulgated for such purpose by the Director of Emergency Services. The application shall include a description of the equipment to be used in the service, the qualifications of the personnel applicant intends to employ in providing such service, the specific services applicant expects to offer the public, the identity of the applicant, a binder to provide insurance as required herein, and an affidavit stating applicant’s sworn compliance with all regulations which may be applicable to the operation of the ambulance service.
   (C)   Review.  After review by the Director of Emergency Services, the application shall be forwarded to the City Manager, who shall approve or disapprove the application.
   (D)   Determination of public convenience or necessity; grant of license.  After review of the application for a license, the City Manger shall determine whether or not a public convenience or a public necessity exists for the granting of an ambulance service license. If such public convenience or necessity is not found, the application shall be denied. If such public convenience or necessity is found to exist, the license shall be granted for a period of one year, conditioned upon the licensee paying the license fee and furnishing proof of insurance as required by this section.
   (E)   License fee and insurance required.  The fee for an ambulance service license shall be established by ordinance. It shall be paid to the City of Harker Heights, Texas prior to the issuance of the ambulance service license or any renewal thereof. During the term of the license, the licensee must maintain liability insurance coverage in force in an amount of not less than $500,000 per occurrence, and $1,000,000 in the aggregate, and shall provide proof of such coverage upon request by the Director of Emergency Services.
   (F)   Transferability.  A license issued under this section is non-transferable and any attempted or purported transfer shall immediately void the license.
   (G)   Renewal.  If a licensee desires renewal of its license, then not less than 30 days prior to the expiration of the then-current license, the licensee shall submit an application for renewal to the office of the Director of Emergency Services for review and recommendation of the City Manager. The City Manager may renew such license if the renewal of the license will serve the public convenience or necessity.
   (H)   Revocation. 
      (1)   Any license issued hereunder may be revoked by the City Manager upon a determination that the licensee:
         (a)   Supplied false or misleading information in its application under this section;
         (b)   Has failed to comply with the requirements of division (E) of this section; or
         (c)   Has violated § 117.02 of this code.
      (2)   The City Manager shall give written notice of the revocation to the license holder. The revocation shall be effective on the date stated in the notice and may not be appealed.
   (I)   Liability disclaimer.  Neither the city nor any officer or agent thereof shall be held liable in any pecuniary responsibility or insolvency of any person or insurer or in any manner become liable for any sum or action on account of any claim or act or omission relating to any private ambulance service or the licensing thereof.
(Ord. 2004-25, passed 7-27-04)  Penalty, see § 117.99