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Home My WebLink About024970 ORD - 07/23/2002 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 57, VEHICLES FOR HIRE, ARTICLE IV, AMBULANCE SERVICE, TO CHANGE THE DESIGNATION OF THE PERMIT OFFICER AND THE RESPONSIBLE DEPARTMENT, UPDATE A STATUTORY REFERENCE, ADJUST FEES, ESTABLISH STREET USE AND REINSPECTION FEES, CLARIFY IN- SURANCE REQUIREMENTS AND APPLICATION INFORMATION, AND REPEAL PROVISIONS REGARDING DELIVERY OF A BODY; PROVID- ING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Code of Ordinances, Chapter 57, Vehicles For Hire, Article IV, Ambulance Service, Section 57-170, Definitions, subsection (g), is amended to change the designation of the permit officer and to read as follows: . . . . . "Sec. 57-170. Definitions. . . . . . "(g) Permit officer means the dircctor chief of the Corpus Christi NUCCC3 COUFlt"f DCllartfRcFlt of rublic Ilcalt'" fire department or his designated representa- tive;" . . . . . SECTION 2. The City Code of Ordinances, Chapter 57, Vehicles For Hire, Article IV, Ambulance Service, Section 57-173, Same-Application; fee, subsection (a)(4), to up- date the statutory reference as follows: . . . . . "Sec. 57-173. Same-Application; fee. . . . . . "(a).. . "(1) . . . . . . . . H \I.I'G-DlR"'e1;zahethII'LIZ,\BETIEHordOI IOOIEHord IISamcndcd wpd 0249'10 INDEXED .' __~._._.._._ ..<_._____n_..__. ._q_~.,_._._~__.__. ."_~_' _ '._..., ~ "(4) That the applicant has been issued a permit by the Texas Department of Health, pursuant to AFlielc 4447(6), Texa3 Civil Statl:ltc3, Chapter 773 of the Texas Health and Safety Code. for each ambulance which the applicant proposes to operate." . . . . . SECTION 3. The City Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Ambulance Service, Section 57-173, Same-Application; fee, subsection (b), is amended to increase the permit fee and ambulance fee, and to read as follows: . . . . . "Sec. 57-173. Same-Application; fee. . . . . . "(b) Operators that do not desire, bv written declaration, to be listed on the City's emerQencv call list Tile applicatioFl shall submit an application be accompanied by a permit fee of one hundred dollars ($100.00) plus twenty-five-dollars ($25.00) for each ambulance requested to be BIlIlf6','cd permitted. Permit fees and am- bulance fees are not refundable. "(c) Operators that desire, bv written declaration. to be listed on the City's emer- Qencv call list shall submit an application accompanied bv a permit fee of two hundred dollars ($200.00) plus one hundred dollars ($100.00) for each ambu- lance reQuested to be permitted. Permit fees and ambulance fees are not re- fundable." SECTION 4. The City Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Ambulance Service, is amended to include the following new subsection, 57-173.1, en- titled Street Use Fee, to establish such fee, and shall read as follows: . . . . . "Sec. 57-173.1 Street Use Fee. "(a) Operators that do not desire, bv written declaration. to be listed on the City's emerQencv call list shall not be charQed a street use fee. "(b) Operators that desire. bv written declaration. to be listed on the City's emer- Qencv call list and have been issued an ambulance operater permit to operate an ambulance upon the streets within the city shall pay the city each three (3) month period. as an ambulance street use fee. an amount eQual to one hundred dollars ($100.00) times the number of vehicles authorized bv a current and valid permit; however. the maximum street use fee shall not exceed five hundred dollars ($500.00) each three (3) month period. II \LEG-DIR\clizabeth\ELlZABET\EHordOI lOU\EHord 118amendcd2wpd "(b) The number of vehicles in service bv a permit holder shall not exceed the maximum number of vehicles authorized to be operated under such a permit. "(c) The annual street use fee shall be paid in four (4) payments as follows: on or after Januarv 1 and before Januarv 10: on or after April 1 and before April 1 0: on or after Julv 1 and before Julv 10; on or after October 1 and before October 10. "(d) Street use fees are not refundable." SECTION 5. The City Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Am- bulance Service, Section 57-175, Same-Issuance; denial, is amended by changing the title of the section, subsection (b) is amended to increase the additional ambulance fee, new subsection (c) is created to allow for reinspection following removal and to establish such reinspection fee, and shall read as follows: . . . . . "Sec. 57-175. Same-Issuance; denialo: reinspection. "(a). .. "(b) If a permit is issued, the permit officer shall note on the permit the motor num- ber of each ambulance which has been approved under section 57-174 and which will be allowed to be operated in the permittee's ambulance service business. The permittee may have additional ambulances approved and noted on the permit at any time by complying with the provisions of section 57-174 and paying a fee of tI.'<'CFlty fi'v'e dollars ($25.00) one hundred dollars ($100.00\ without proration, per additional ambulance requested to be approved. Whenever the permittee no longer intends to use an approved ambulance as an ambulance, or ownership of the ambulance is transferred, or the ambulance becomes inoperable as an ambu- lance for any reason, except for a repair period not to exceed ten (10) days, the permittee shall notify the permit officer within five (5) days after such event and the permit officer shall remove the number of that ambulance from the approved list on the permit. "(c) A permittee that causes the removal, durinQ the permit term, of any ambulance from the approved ambulance list on the permit. pursuant to section 57-175(b), may reQuest the permit officer to reinspect the ambulance and return said ambu- lance to active service. The reinspection reQuest must be in writinQ and shall be accompanied bv a twenty-five dollar ($25.00) reinspection fee. The permit officer shall reinspect the ambulance within ten (10) days of receipt of such reQuest and payment. An ambulance that meets the reQuirements of section 57-174 upon re- inspection shall be added to the approved ambulance list on the permit." li\LEG-DlR\e1izabeth\EUZABET\EHordO I I OOIFHord. 118amcndcd2 wpd SECTION 6. The City Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Am- bulance Service, Section 57-177, Insurance, is amended to clarify the duties regarding ambulance insurance coverage and shall read as follows: . . . . . "Sec,57-177. Insurance. "No ambulance operator permit shall be issued, nor shall any such permit be valid after issuance, unless the applicant or the holder of the permit is at all tifRes in sured by autofRobile liability insuranec, eoverin~ the operation of eaeh afRbulance, in the fRiniF19ufR afRount of five hundred thousaF1d dollars ($500,000.00) per person fer bodily injury or deatl'i, one F19illion dollars ($1,000,000.00) for bodily injury or elcatl'i per occurr-cncc anel fifty thousand ($50,000.00) for Ilrepcrty daF19age, and b'y BfRbl:llaflcc profcssionalliability iF1suraF1cc, coveriF1g tlge care and 19andling of tl9c patients by attcndants, efRcrgcnc)" F19cdical tecl9F1icians and paraF1gedics in tlge fRini- F19UF19 aF1geUF1ts of one fRillion dollars ($1,000,000.00) pcr persoF1 aF1d OF1e fRillioF1 dollars ($1,000,000.00) Iler occurreF1ce. provides satisfactorv proof to the Director of Safety and Risk ManaQement that the apolicant has adeQuate liability insurance available to protect the interests of the City and its residents, as reQuired bv Sec- tion 17-15 of the Code of Ordinances. The city shall be named as a certificate holder in all insurance policies required by this article~ BF1d the llerfRi( helder shall fRaintain 019 file ".-ith tlge perfRit officer a certificate of insurance or other Ilroof ac- ccptablc to thc IlcrF19it officer tl9at tl'ie required policies are in effcel. Each insur- ance policy shall require notice from the insured or insurer to the llerfRit officcr Director of Safety and Risk ManaQement at least thirty (30) days prior to material chanQe, non-renewal. cancellation or termination by the insured or insurer." SECTION 7. The City Code of Ordinances, Chapter 57, Vehicles For Hire, Article IV, Am- bulance Service, Section 57-179, Same-Ambulance driver permit application; fee; issu- ance; term, subsections (a)(4) and (5) are amended for clarification of information ob- tained in the application process, subsection (b) is amended to increase the ambulance driver permit fee, and shall read as follows: . . . . . "Sec. 57-179. Same-Ambulance driver permit application; fee; issuance; term. . . . . . "(a). .. "(1) . . . . . . . . "(4) Whether he has previously been licensed as an ambulance driver or at- tendant, and if so, when and where, and whether said license has ever been Il\I,Hj-DlR\e1;zabeth\ELlZABET\FHordO 1.1 OO\EHord 118amendedl wpd revoked or suspended in any jurisdiction for any causeo, and if so, when and for what cause. "(5) That he has a valid Texas chauffeur's license, the number of the chauf- feur's license and whether it has ever been revoked or suspended, and if so, when and for what cause. . . . . . "(b) The application shall be accompanied by a nonrefundable permit fee of fiftccn dollars ($15.00) twenty-five dollars ($25.00)." . . . . . SECTION 8. The City Code of Ordinances, Chapter 57, Vehicles For Hire, Article IV, Am- bulance Service, Section 57-180, Same-Ambulance attendant permit application; fee; is- suance; term; qualifying time, subsection (b), is amended to increase the ambulance at- tendant permit fee and shall read as follows: . . . . . "Sec. 57-180. Same-Ambulance attendant permit application; fee; issuance; term; qualifying time. . . . . . "(a).. . "(b) The application shall be accompanied by a nonrefundable permit fee of fiftccn dollars ($15.00) twenty-five dollars ($25.00)." . . . . . SECTION 9. The City Code of Ordinances, Chapter 57, Vehicles For Hire, Article IV, Am- bulance Service, Section 57-185, Suspension or revocation of permit; administrative hear- ings, is amended to add the designation of the responsible department to read as follows: . . . . . "Sec. 57-185. Suspension or revocation of permit; administrative hearings. . . . . . "(a).. . . . . . . "(e).. . "(1) . . . H\LEG-DIR\c1izabelh\EUZABET\U JordO 1.IOO\EHord.] 18amended2.wpd . . . . . "(3) If, in the opinion of the director of public health or the chief of the fire de- partment, immediate action is necessary to protect the public health, safety or welfare from imminent danger; such necessity shall be certified to the city manager prior to the imposition of any order." SECTION 10. The City Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Am- bulance Service, Section 57-192, Refusal to render aid or transport patient; delivery of body of deceased patient, subsection (b) is repealed in its entirety as follows: . . . . . "Sec. 57-192. Refusal to render aid or transport patient; delivcry of body of dc cea3cd paticflt. . . . . . "fa} It shall be unlawful for any ambulance attendant or driver, after arrival at the scene with clearance from the central dispatcher for the public ambulance service, to fail or refuse to render aid and assistance to a person who is sick, injured, or in- capacitated at the location of an emergency. It shall be unlawful for any ambulance operator, his agent, or employee to refuse to carry or transport a patient at the scene of an emergency after having been dispatched thereto or cleared thereto by the central dispatcher for the public ambulance service; provided, however, there shall be no violation of this section if the sick, injured, or incapacitated person or a relative at the scene affirmatively refuses to receive any aid or assistance or re- fuses to be transported to a place of treatment; provided, further, this section shall not apply when circumstances indicate beyond reasonable doubt that the person desiring transportation is not in need of immediate first aid or medical treatment. "(b) 119 casc of dcatl'i in tl'ic aF19bulaF1cc, iF1 thc abscncc of contrary instructioF1s givCF1 by tl'ie ncxt of kin or otllcr respoRsible Ilcrson3 rclatcd to tllc dcccascd or b'y a fRcdical doctor, tllc body shall bc dcli',;ered to tl'ie MCF190rial Mcdical Ccnter." SECTION 11. This ordinance shall take effect August 1, 2002. SECTION 12, If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judg- ment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provi- sion hereof shall be given full force and effect for its purpose. H\LEG-DlR\elizabcln\ELIZABETIEHordO I IO()\EHord I 18amended2wpd That the foregoi{l;rdinance was read fW the first time and passed to its second read- ing on this the day of ~ ~J ' 2002, by the following vote: Samuel L. Neal, Jr. CUy) l Rex A. Kinnison (Ill) Henry Garrett rttl ) John Longoria dJ.. j. j Brent Chesney N C Jesse Noyola NO Javier D. Colmenero Lf.l1_} Mark Scott r41- I Bill Kelly NO That the foregoing ordinance was read for the second time and passed finally on this the a~ day of' ~l fl'1 ,2002, by the following vote: Samuel L. Neal, Jr. (l~ tv-+- Rex A. Kinnison Javier D. Colmenero Mark Scott (ivy: , ru. '1 j ~LO {L"i ' Henry Garrett al,~ : _.- !I U " OJ.L,\Q I\..t [{LiC! (tl't-, , John Longoria Brent Chesney Jesse Noyola Bill Kelly PASSED AND APPROVED on this the ,~ day of (~~C 1 ,2002. CITY OF CORPUS CHRISTI I \ Armando Chapa, City Secretary Samuel L. APPROVED AS TO LEGAL FORM th;, :Jf# ~ d" of % , 2002, By: H\LE(j-DIR\eliz~l:>elh\EI.lZABET\EHordOI IllOlI.flord t 18arncndedwpd 0249'10 State of Texas County of Nueces .:~Jf.~l(': r,'~f.'~~""~..'~~'" " '''''''''''-- ,. "d,I'>C'PUBLISHER'SAFFIDAVIT 02 JUL 31 M110: 2 [, CITY OF CORPUS CHRISTI Ad # 4264274 PO # ss: Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 29TH day(s) of JULY, 2002. DrilL. No. 0 J.. tf q 1 () $86.17 bLClfla- (fj Uu~S~ Credit Manager TWO (2) Time(s) Subscribed and sworn to me on the date of JULY 30, 2002, 6?C1M ~ ~ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05, lAonday, July 29, 2002 NOTICE OF PASSAGE OF ORDINANCE NO. 024970 Ordinance amending the Code of Ordinances, Chapter 57, Vehicles for Hire, Article IV, Ambulance Service, to change the designation of the permit officer and the responsible department. update a statutory reference, adjust fees, establish street use and reinspection fees, clarify insurance requirements and application information, and repeal provisions regarding delivery of a body; providing for an effective date. This ordinance was passed and approved by the City Council of the City of Corpus Christi on July 23, 2Oll2. IslArmondo ~ Oily s.a.tary stl