§ 8-152. Application.

(a)

Each person who desires authorization to operate a private storage lot shall file an application with the police department on a form provided by the city. On the application, the applicant shall set forth:

(1)

The name and address of the applicant; if the applicant is an individual, the application shall so state. If the applicant is a partnership, the name and address for each partner shall be set out. If the applicant is a corporation, the applicant shall set forth:

a.

The name and address of the corporation;

b.

The names and addresses of the three principal officers;

c.

The name and address of each person owning a controlling interest in the corporation. If no single person owns a controlling interest in the corporation, the applicant shall list the names of each person who owns 20 percent or more of the interest in the corporation. If the controlling interest is held by an entity or entities, and not by one or more individuals, the applicant shall list each individual who owns 20 percent or more of the interest in any such entity or entities.

(2)

The street address and the full property description of the storage lot, the traffic management area in which it is located, and the number of vehicle storage or parking spaces thereon that will be used for the storage of motor vehicles.

(3)

The number of the telephone located at the storage lot.

(4)

The name under which business is conducted at the storage lot.

(5)

The number of the license issued by the city to operate as a storage lot under article II of this chapter.

(6)

The date of birth, place of birth, sex, race, and each address where the person has resided in the five years preceding the application for each person listed under paragraph (a)(1) above.

(7)

Whether any person listed under paragraph (a)(1) above has been convicted of any criminal offense in this state or any other state or country within five years immediately preceding his application or has spent any time in jail or prison within five years due to a conviction; provided, however, convictions for any traffic offenses that are classified as no greater than a Class C misdemeanor under the laws of Texas are not required to be listed on the application. If any such person has been convicted of any offense required to be listed on the application, or been in jail or prison due to a conviction, the applicant shall set out the offense convicted of, the date of the conviction, and the place, court and case number of the case. A signed authorization for the police department to investigate as to whether the person has committed any criminal offense shall be submitted by each person listed in paragraph (a)(1) above.

(8)

Each person listed in the application shall submit himself to be fingerprinted at the police department, or to the police department of any other city or town if such department will forward the fingerprints to the police department.

An application under this section shall be signed by the applicant. If a partnership, it shall be signed by each partner. If a corporation, it shall be signed by the president and attested by the secretary. In all cases, the person signing shall execute an affidavit, on the application form, that the statements contained in such application are true and correct.

(b)

The applicant shall sign an agreement on a form provided by the police department in which the applicant shall be informed that it is the intention of the city council to fully comply with all requirements of due process as provided in the United States and Texas Constitutions. The applicant shall also be informed in the agreement that it is the intention of city council to fully abide by the decisions that have been rendered and that may be rendered by the courts of the United States and of the state defining the rights of due process of those persons whose vehicles are towed without the vehicle owner's consent.

The applicant shall agree in the agreement that the storage lot will comply with all amendments or additions to the ordinances regulating storage lots as may be adopted by city council, and any requirements regarding the storage, handling or release of vehicles that have been towed without the vehicle owner's consent that may be imposed by any court of competent jurisdiction. If any future requirements set by a court of competent jurisdiction impose a greater burden on the applicant's business, the applicant may surrender his authorization to operate as a private storage lot to the city and the city will refund a proportionate amount of the fee that was paid for such authorization. The amount of refund shall be determined by multiplying one-twelfth of the annual fee paid by the storage lot by the number of months remaining after the date the storage lot surrenders its authorization to the next April 15. The applicant shall further agree that if he surrenders his authorization to operate as a private storage lot for any reason, he will abide by section 8-219.

(Ord. No. 01-1079, § 5, 12-5-01)