Franchise Provisions.

Austin City Code tit. 10, ch. 10-2, art. 3, div. 2

in effect

Austin City Code § 10-2-60 REQUIRED.

§ 10-2-60 - REQUIRED. No person shall furnish, operate, conduct, maintain, advertise or otherwise be engaged in the operation of medical transfer services upon the public streets of the City without having first obtained a franchise in accordance with the terms and provisions of this chapter and the City Charter. Medical transfer services provided and operated by a medical facility with no separate charge for such transport are not precluded by this section. Such medical transfer services must comply with Section 10-2-82(A)(8) (Vehicles). Source: 1992 Code Section 6-3-60; Ord. 031023-11; Ord. 031211-11.

Austin City Code § 10-2-61 APPLICATION AND FEE.

§ 10-2-61 - APPLICATION AND FEE. (A) Except as provided in subsection (D), applications for a transfer vehicle franchise shall be filed with the chief on the form provided by the chief. The applicant shall furnish the following proof and information, which shall be subscribed and sworn to before a notary public: (1) That the applicant has not been convicted of a felony or of a misdemeanor involving moral turpitude within the last ten years. (2) A statement that the applicant has obtained or will obtain liability insurance in accordance with the requirements of this chapter. (3) The full name, date of birth, telephone number, permanent residence and mailing address of the applicant. If the person submitting the application represents a partnership, then such information shall be given on all partners and persons having an interest in the business. If a corporation, the name and location of its principal place of business, the name, date of birth, telephone number and address of all the officers, directors and all stock holders of the organization. If the applicant's business is a corporation or association, a copy of the documents establishing the business and the name, address, and citizenship of each person with a direct interest in the business. Corporate applicants must provide a certified copy of the corporate charter, articles of incorporation, and a statement from the Secretary of State certifying that the corporation is in good standing. (4) A certificate of assumed name, if such is required by state law to be filed. (5) Documentary evidence from the city and county tax assessor-collector that ad valorem taxes on the property to be used in connection with the operation of the proposed medical transfer service have been paid. (6) The number, make, model, and style of transfer vehicles, including wheelchair transfer vehicles, proposed to be utilized. (7) Description of any past business experience of the applicant, particularly in providing passenger transportation services; identification and description (of any revocation or suspension of) franchise or permit held by the applicant or business before the date of filing the application. (8) A sworn statement that the applicant is compliant with all state, federal, and local regulations, including the implementation of a compliance program as required by the Patient Protection and Affordable Care Act of 2010. (B) The applicant shall pay the costs for the publication of all notices required by the City Charter and this Chapter for a medical transfer services franchise regardless of whether council grants a franchise to the applicant. (C) The failure of an applicant to provide additional information requested in writing by the department within 60 days of the written request may result in rejection of the application for a medical transfer service franchise. The chief has discretion to reject an application under this subsection. Source: 1992 Code Section 6-3-61; Ord. 031023-11; Ord. 031211-11; Ord. No. 20180614-016, Pt. 6, 6-25-18; Ord. No. 20230309-002, Pt. 3, 3-20-23.

Austin City Code § 10-2-62 REVIEW OF APPLICATION; PUBLIC HEARING.

§ 10-2-62 - REVIEW OF APPLICATION; PUBLIC HEARING. (A) The chief shall forward each application for a medical transfer services franchise to the city manager for review and recommendation to the council. Upon receipt from the city manager of the city manager's recommendation, the department shall review the application for a transfer service franchise and make a recommendation to the council. The department must make its recommendation to council regarding whether to grant or deny a franchise not later than the 90 th day after receiving a recommendation from the city manager. (B) The council will hold a public hearing on the application for a transfer service franchise at a time and place as specified in a notice to be published in a newspaper of general circulation 15 days before the hearing. (C) The applicant shall not be granted a transfer franchise unless the council determines that the public convenience will be served by the issuance of the franchise. In all hearings, the burden of proof shall be upon the applicant to establish by clear, cogent and convincing evidence that the public convenience will be served by the granting of a transfer service franchise. (D) In determining public convenience, the council shall consider the following: (1) The distance from the permanent address at which the applicant proposes to operate the transfer service to hospitals and other medical facilities providing service to the public. (2) In the event the applicant has previously participated in or is currently participating as an ambulance or transfer service, evidence as to whether the applicant performed or is performing in a satisfactory manner. (3) The number of providers available to provide service in the area in which the applicant proposes to furnish service, and whether granting the franchise will adversely affect existing service so as to lower the standards of existing services and cause public inconvenience. Source: 1992 Code Section 6-3-62; Ord. 031023-11; Ord. 031211-11; Ord. No. 20180614-016, Pt. 7, 6-25-18; Ord. No. 20230309-002, Pt. 4, 3-20-23.

Austin City Code § 10-2-63 PREREQUISITES TO ISSUANCE.

§ 10-2-63 - PREREQUISITES TO ISSUANCE. No medical transfer service franchise will be granted unless the council determines that the proposed operation of the transfer service will be in compliance with the Code, and all applicable state and federal statutes and regulations. Source: 1992 Code Section 6-3-63; Ord. 031211-11.

Austin City Code § 10-2-64 ISSUANCE.

§ 10-2-64 - ISSUANCE. The council shall make a determination whether an applicant should be awarded a medical transfer service franchise. Source: 1992 Code Section 6-3-64; Ord. 031023-11; Ord. 031211-11.

Austin City Code § 10-2-65 FEE.

§ 10-2-65 - FEE. The City shall require, through the department, payment by a franchise holder for the actual cost which the City incurs in the administration of the franchise, including staff costs for inspection, periodic reports to the council for review of records, and audits, if necessary. Under no circumstances will payments by a franchise holder to the City for administration of the franchise exceed $10,000 in any one year. Source: 1992 Code Section 6-3-65; Ord. 031023-11; Ord. 031211-11; Ord. 20120524-017; Ord. No. 20230309-002, Pt. 5, 3-20-23.

Austin City Code § 10-2-66 TERM.

§ 10-2-66 - TERM. The initial length of a medical transfer service franchise agreement may, at the discretion of the council, extend for up to five years. However, the transfer service franchise holder will be subject to review and analysis on an annual basis with results being presented to the council. A franchise may be extended or renewed at the discretion of the council under such terms and conditions as may be necessary or desirable. Source: 1992 Code Section 6-3-66; Ord. 031023-11; Ord. 031211-11; Ord. No. 20230309-002, Pt. 6, 3-20-23.

Austin City Code § 10-2-67 CHANGE IN OWNERSHIP; APPROVAL REQUIRED.

§ 10-2-67 - CHANGE IN OWNERSHIP; APPROVAL REQUIRED. The control or ownership of a medical transfer service franchise shall not be transferable unless it is approved by the council in advance. Source: 1992 Code Section 6-3-67; Ord. 031023-11; Ord. 031211-11.

Austin City Code § 10-2-68 REVOCATION.

§ 10-2-68 - REVOCATION. A violation of any provision or standard of this chapter or of the City Charter or the franchise agreement or state or federal law by a franchise holder shall be grounds for revocation by the council after recommendation by the city manager and the department. Source: 1992 Code Section 6-3-68; Ord. 031023-11; Ord. 031211-11; Ord. No. 20230309-002, Pt. 7, 3-20-23.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT10PUHESESA_CH10-2EMMESE_ART3METRSE_DIV2FRPRFetched: 10/27/2026