Chapter 5.55
ROTATIONAL TOW LIST
Sections:
5.55.020 Establishment of city rotational tow list.
5.55.040 Rotational tow list application process.
5.55.050 Placement on rotational tow list.
5.55.060 Application processing fee.
5.55.070 Removal from the city rotational tow list.
5.55.010 Definitions.
“City” means the city of Junction City.
“City-initiated tow” means any tow requested by the city.
“City tow standards” means the standards promulgated by the city administrator or designee and approved by city council resolution for qualified tow contractor placement on the city rotational tow list.
“Qualified tow contractor” means a tow company, including its agents, employees, principal parties, officers, directors, shareholders, and managers, which holds a current and valid towing business certificate from the state of Oregon as required by ORS 822.205, and has signed a qualified tow contractor agreement with the city.
“Tow” means to mechanically draw, pull or haul a vehicle by use of a tow truck.
“Urgent circumstances” means any circumstance which, in city personnel’s discretion, necessitates calling a qualified tow contractor out of the rotational tow list order, including but not limited to failure of a qualified tow contractor to respond to a tow request and failure of a qualified tow contractor to meet city tow standards. [Ord. 1183 § 1, 2008.]
5.55.020 Establishment of city rotational tow list.
A city rotational tow list is hereby established by the city as provided in this chapter. The city shall maintain a rotational tow list of qualified tow contractors and shall use this list to secure towing services for city-initiated tows. City personnel using the rotational tow list shall notify the qualified tow contractors on the rotational tow list on a rotational basis; however, the city reserves the right to secure services of qualified tow contractors on the rotational tow list out of the rotational order should urgent circumstances exist. [Ord. 1183 § 2, 2008.]
5.55.030 City tow standards.
A. The city administrator or designee shall promulgate written city tow standards for qualified tow contractors’ placement on the city’s rotational tow list. The city council shall, by resolution, approve or deny the city tow standards.
B. All qualified tow contractors placed on the rotational tow list must sign a contract with the city to provide towing services. The city tow standards shall be incorporated into any contract with a qualified tow contractor to provide towing services for city-initiated tows. [Ord. 1183 § 3, 2008.]
5.55.040 Rotational tow list application process.
Qualified tow contractors may apply for placement on the city rotational tow list by filling out an application for placement on city rotational tow list, which shall be made available at City Hall. An application processing fee, as provided in JCMC 5.55.060, will be charged to each applicant. The city administrator or designee shall, using the city tow standards, review the application for consideration of approval or denial.
In addition to the above, the city administrator or designee shall consider the following when reviewing an application. Whether the applicant:
A. Has supplied any false or misleading information in the application process or has omitted any requested information from the application;
B. Has pleaded no contest or has been convicted of any felony within five years;
C. Maintains a valid driver’s license or towing license;
D. Has, within two years, been convicted or is currently on probation for any misdemeanor involving improper use of a motor vehicle, fraud, or property crimes;
E. Has been convicted within the last 10 years of a felony person offense. [Ord. 1183 § 4, 2008.]
5.55.050 Placement on rotational tow list.
Upon receipt of the completed application and payment of the application processing fee, the city, at its discretion, may place the applicant on the city rotational tow list. All applicants placed on the city rotational tow list shall sign a contract to provide towing services for city-initiated tows as provided for in JCMC 5.55.030(B).
All approved applicants for placement on the city rotational tow list shall be placed on the list for two years. Qualified tow contractors must reapply for placement on the city rotational list after the expiration of their placement term. A cost-based reapplication fee may be charged to qualified tow contractors reapplying for placement on the city rotational tow list. [Ord. 1183 § 5, 2008.]
5.55.060 Application processing fee.
There is established an application processing fee charged to applicants for processing their application for placement on the city rotational tow list. The purpose of the application fee is to cover the costs of criminal background checks and processing the application. The amount of the fee shall be established by resolution of the city council. [Ord. 1183 § 6, 2008.]
5.55.070 Removal from the city rotational tow list.
The city administrator or designee shall remove any applicant from the city rotational tow list if, in the city administrator or designee’s sole discretion, the qualified tow contractor has failed to meet any of the city tow standards, has failed to meet any of the provisions of JCMC 5.55.040, or is in violation of any other city, state, or federal law, or the applicant has failed to meet his or her contractual duties. The city administrator or designee shall notify the qualified tow contractor in writing of its removal from the city rotational tow list. Such notice shall state the date and reasons for the removal.
Qualified tow contractors removed from the city rotational tow list may not reapply for placement on the city rotational tow list until after the expiration of 90 working days. [Ord. 1183 § 7, 2008.]
5.55.080 Appeal process.
Applicants who are denied placement onto the city rotational tow list or removed from the city rotational tow list shall receive written notice of the denial or removal. Such notice shall state the reasons for the denial or removal and that the applicant may appeal the decision in writing to the city administrator or designee within 30 working days. Upon receipt of an appeal, the city administrator or designee shall place an appeal hearing on the next city council agenda. The city council shall hear the appeal. On appeal, the burden shall be on the appellant to show that he or she has met all requirements for placement on the city rotational tow list. The applicant shall have an opportunity to be heard at this meeting. The city council shall confirm or reverse the city administrator or designee’s denial or removal no later than the next subsequent meeting of the city council. [Ord. 1183 § 8, 2008.]