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Ord 053-2003 6/3/2003t, ORDINANCE NO. 53 -2003 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 26, BUSINESS REGULATIONS, AT ARTICLE VIII, WRECKER BUSINESSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the towing of vehicles on the city's streets is a necessary function, and one which requires certain guidelines and regulations; and, WHEREAS, recent changes in state statutes give rise to the need to amend the City's current regulations concerning wrecker business operations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 26 of the Wichita Falls Code of Ordinances is hereby amended at Article VIII, Wrecker Businesses, so that such article shall hereafter read as follows: "Article VIII. Wrecker Businesses Sec. 26 -756. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accident means any occurrence which renders a vehicle wrecked or disabled, as defined in this section. Chief of police means the chief of police for the city or the person designated by him to act in his stead for the purposes of this article. Contract means an agreement with the City of Wichita Falls authorizing a wrecker company to perform non - consent tows. Contract holder means a wrecker company contracted with the City of Wichita Falls to perform non - consent tows. Disabled means the status of any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including but not limited to mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a wrecker. s` Hazardous material means (1) any substance classified as a hazardous material under state or federal law or under a rule adopted pursuant to state or federal law; or, (2) a chemical petroleum product, gas or other substance that, if discharged or released, will or is likely to create an imminent danger to individuals, property or environment. Motor vehicle means any motor - driven or motor - propelled vehicle, including motorcycles, required to be registered under state laws. Non - consent tow means any tow conducted without the permission of, or not at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative, regardless of the vehicle's location or condition. Owner means any person who holds the legal title to a motor vehicle or who has the legal right of possession thereof. This does not include any person who has gained possession of a motor vehicle only as a result of wrecker services performed. Permit means authorization granted by the city under this article to tow wrecked or disabled vehicles from the public streets. Permit holder means any person possessing a current, valid permit to tow wrecked or disabled vehicles from the public streets. Police pull means the designation of the occasion when the police department has called a wrecker company from the wrecker rotation list to either remove a wrecked or disabled vehicle or to remove a vehicle in a safe driving condition, but the owner is not present, able or permitted to drive or to make authorizations. Rotation means the designation of the occasion when the owner of a wrecked or disabled vehicle fails to designate a specific repair place or wrecker operator to remove his vehicle and he has authorized the police department to call a wrecker from the wrecker rotation list. Storage facility means the site to which a permit holder tows and stores motor vehicles which meets the requirements of the Texas Vehicle Storage Facility Act, Occupation Code, Sec. 2303. Street means any street, alley, avenue, lane, public place, square or highway within the corporate city limits. Tow truck means a motor vehicle equipped with a mechanical device used to tow, winch, or otherwise move another vehicle and which is registered as a tow truck under V.T.C.A., Transportation Code Chapter 643, Subchapter B — Registrations. Vehicle means every device in or upon or by which any person or property is or J may be transported or drawn upon a public highway, including but not limited to motor vehicles, but not including devices moved only by human power or used exclusively on stationary rails or tracks. Wrecker means any motor vehicle used for the purpose of towing or removing vehicles. Wrecker business means the business of towing vehicles not belonging to the towing wrecker company on a public street within the incorporated city limits for compensation or with the expectation of compensation, including but not limited to compensation for towing, storage and repair. It does not include towing a vehicle to a point outside the city when the owner of the vehicle requests that it be towed to a point outside the city, except as otherwise provided in this article. Wrecker company means any person engaged in the wrecker business. Wrecker rotation list means a list, prepared in accordance with this article, of wrecker companies that have permits and have requested and qualified to appear on the list. Sec. 26 -757. Applicability. The prohibitions and requirements of this article shall apply to all vehicles abandoned or disabled on the public right -of -way and all accidents occurring on a street, regardless of whether or not the final resting place of a vehicle is upon a street immediately after the accident. This article shall also apply to vehicles seized by the police department pursuant to a criminal investigation. Sec. 26 -758. Emergency aid excluded. The prohibitions and requirements of this article shall not apply to any person who necessarily must act immediately to prevent death or bodily injury to any person involved in an accident. Sec. 26 -759. Towing by vehicle other than wrecker. A vehicle may be pushed or towed by another vehicle other than a permitted wrecker or tow truck only when it does not reasonably require removal by a wrecker or tow truck and only when such may be done in a safe and legal manner, and such removal is excluded from all coverage of this article except section 26 -773 concerning solicitation. Sec. 26 -760. Permit required; application. (a) A wrecker company that desires to tow vehicles for compensation or with the expectation of compensation, including but not limited to compensation for towing, storage and repair, shall obtain a permit from the city. This section applies only to those instances in which the originating location and the final destination of the tow is within the city limits of Wichita Falls. This section does not apply in those instances wherein the final destination is beyond the city limits of Wichita Falls. (b) An applicant for a permit shall submit, on a form provided by the city, a verified application containing or accompanied by the following: (1) The true name, the trade name, location and mailing address, and telephone number of the towing entity; (2) The name, date of birth and home address of the applicant if a sole proprietorship; (3) The name, date of birth and home address of each partner if the applicant is a partnership; (4) The name, date of birth and home address of each corporate officer, if the applicant is a corporation; (5) The name, address and driver's license number of every wrecker driver employed by the applicant; (6) The location of the applicant's storage facility and a photocopy of the state license for the facility; (7) A certificate from the city /county tax assessor - collector that all city taxes on all properties, real and personal, to be used in connection with the applicant's business are current; (8) A certificate of liability insurance issued by a company authorized to do business in the state which identifies coverage in the amounts required under section 26 -764; and (9) For each wrecker the applicant intends to utilize: a. Its make, model, size and model year; b. Its vehicle identification number; C. Its state license plate number; d. Its state tow truck license plate number; and e. A photocopy of its certificate of registration issued by the state department of transportation. (c) No permit shall be transferred or assigned from any person to another. When any change of ownership or change of controlling interest occurs, the prior permit shall be null and void. Sec. 26 -761. Contracted Police Pulls (a) All non - consent tows shall be undertaken pursuant to the terms and conditions of a contract, specifically executed between the city and the wrecker or towing company, so designated in that contract. All such related services and fees shall be established as a provision of the contract for services. (b) No person with any pecuniary interest shall have more than one towing company contracted with the city to provide rotational wrecker services. Pecuniary interest is defined to mean any money, property, or commercial interest, the primary significance of which is for economic gain. Any person who obtains or has pecuniary interest in two (2) or more towing companies under contract to provide rotational wrecker services for the city is in violation of this article. Sec. 26 -762. Equipment and storage facility required. (a) An applicant for a permit required under this article or an applicant for a permit renewal shall own or lease the following: (1) The types of wreckers and equipment required to safely conduct tows in accordance with the provisions of the V.T.C.A. Transportation Code. (2) Storage facility. The applicant must own or have exclusive use of a storage facility licensed under the Texas Vehicle Storage Facility Act, Occupation Code, Sec 2303 and be in full compliance with said statute. The facility shall be located within the corporate city limits and must be completely enclosed with adequate fencing, locks, and other security devices as necessary to maintain security of stored vehicles. (3) Each wrecker shall have the name, city and state of the permit holder, as shown on its permit, on each side of the wrecker. The name, city and state shall appear in letters at least three inches high, which are permanently affixed and legible and on a contrasting background. (b) An applicant for a rotation contract required under this article or an applicant for a rotation contract renewal shall own or lease the following: (1) Wreckers in accordance with the contract (standard and /or heavy duty) entered into with the city; and (2) Storage facility. The applicant must own or have exclusive use of a storage facility licensed under the Texas Vehicle Storage Facility Act, Occupation Code, Sec 2303 and be in full compliance with said statute. The facility shall be located within the corporate city limits and must be completely enclosed with adequate fencing, locks, and other security devices as necessary to maintain security of stored vehicles. (3) Each wrecker shall have the name, city and state of the permit holder, as shown on its permit, on each side of the wrecker. The name, city and state shall appear in letters at least three inches high, which are permanently affixed and legible and on a contrasting background. Sec. 26 -763. Sworn application and permit fee required. Every application for a permit and /or contract required under this article or renewal of the permit and /or contract shall be sworn to by the applicant, permit holder, or contractor holder, and shall be accompanied by payment of a fee of: (a) $100.00 per permit or permit renewal (b) $750.00 per contract or contract renewal. The fee for a permit issued for a period of time shorter than one year shall be prorated. Sec. 26-764. Insurance. Every wrecker company having a permit shall carry general liability coverage and workers' compensation or accident insurance in the amounts required by V.T.C.A., Transportation Code Chapter 643, Subsection C — Insurance. Sec. 26 -765. Issuance and expiration of permits and contracts. (a) The city shall issue a permit and /or contract to every applicant complying with this article unless legal grounds exist for denying such a permit. (b) The permit shall be prominently displayed on the left side of the front windshield. (c) Operating, or allowing another to operate, a wrecker without a permit as required by section 26 -760 shall be unlawful. A violation of this section shall be punishable by a fine of up to $500.00. (d) Each permit and contract shall expire at 12:00 midnight on September 30th and will be renewable only upon compliance with this article and any other applicable laws, ordinances or regulations in effect at the time of the renewal application. Any person seeking a renewal of a permit and /or contract for the next calendar year may apply for renewal between August 15 and September 15. Renewed permits and contracts shall become effective October 1. Sec. 26 -766. Inspection of wrecker equipment. Any holder of a permit and /or contract issued under this article or the applicant for a permit required under this article, by virtue of making application, agrees to allow during normal working hours the inspection of wreckers, wrecker equipment and storage facilities. This authority shall be cumulative of any other authority held by the chief of police, other law enforcement officials, or other legally authorized public officials. The inspection permit shall be prominently displayed on the left side of the front windshield. Sec. 26 -767. Towing fees. A person holding a permit performing consent tows may collect fees that are deemed reasonable in accordance with the provisions set forth in 43 Texas Administrative Code, chapter 18, subchapter G, Sec 18.93 and Texas Vehicle Storage Facility Act, Occupation Code, Sec 2303. A person holding a permit and /or contract and performing non - consent tows may collect the following fees: (a) Light -duty wreckers. A charge not to exceed $75.00 for towing such vehicle from one point on a street to another location within the corporate city limits. (b) Extra work. An additional $20.00 per hour may be charged if the vehicle to be towed is located in some unusual condition, such as but not limited to a river or a creek bed or a ditch of greater depth than an ordinary bar ditch. The extra charge shall begin one hour from the time of arrival. For fee calculation, fractions of an hour may not be considered a full hour; one - quarter of an hour shall be the smallest fraction permitted for such calculation. (c) Heavy -duty wreckers. A charge for the use of a heavy -duty 34,000 GVW, equipped with a 12,000 pound wheel lift under reach, minimum of two 20,000 pound winches, and a boom rated at not less than 25 ton lift capacity wrecker shall not exceed $120.00 per hour for towing such vehicle from one point on a street to another location within the corporate city limits. (d) Extra equipment or labor. If the permit holder is required to rent or lease a piece of equipment, which is not required in the normal operation of a wrecker business, the actual cost for lease or rental of such equipment/labor may be passed on to the vehicle owner. (e) No other charges. Permit holders and /or contract holders shall charge no fees for the towing of vehicles except as authorized by this section or by applicable statutes. Sec. 26 -768. Wrecker rotation list operations. (a) The police department shall establish and maintain in alphabetical order a list of wrecker contract holders, which shall be known as the wrecker rotation list. (b) When the police officer investigating a collision determines that any vehicle involved in a collision is unable to safely proceed under its own power or when the police officer determines that the driver of any vehicle involved in a collision is physically unable to safely move the vehicle to a location where it will not create a traffic hazard, such officer shall request the driver to designate a permit holder of the driver's choice to remove the vehicle. (1) When the designation has been properly made, the police officer shall communicate the name of the designated permit holder to the police communications center or its authorized agent. (2) The police communications center or its authorized agent shall cause the designated permit holder to be called and directed to the scene. (c) If the owner of a vehicle is unable to designate a permit holder to remove the vehicle or he fails or refuses to designate one or has no preference, the police officer shall communicate that fact immediately to the police communications center or its authorized agent. The police communications center or its authorized agent shall then call the contract holder next in line on the wrecker rotation list and request the contract holder to tow the vehicle from the scene. After the last contract holder on the list has been called, the next such call shall go to the first contract holder on the list. (d) If the contract holder after arrival at the scene determines, in conjunction with the police officer in charge, that assistance is needed, the contract holder on site shall dispatch immediately another wrecker of his choice. Sec. 26 -769. Storage fees and charges. (a) Permit holders. Under this article a permit holder may charge the owner of the vehicle a storage fee and other charges as permitted by 43 Texas Administrative Code, chapter 18, subchapter G, § 18.93. (b) City Impound. The city may charge the owner of the vehicle a storage fee of $15.00 per day computed on a basis of 24 hours, commencing with the time the vehicle is placed in the impound facility operated by the city. In addition to the storage fees, the city may charge a preservation fee of $10.00 to cover the costs of preservation and evidentiary processing of stored vehicles. Vehicles held as evidentiary material pertinent to an on -going criminal investigation are not subject to the $15.00 - per -day storage fee requirement. The owner of the vehicle held for evidentiary material will be responsible for storage fees upon completion of the investigation and release of the vehicle, beginning with the first day of notice of release and every day thereafter. All fees shall be paid prior to the vehicle being released. If the owner and all lien holders of record do not reclaim the motor vehicle within the time period prescribed by law, the vehicle shall be deemed abandoned and used or sold in accordance with the requirements of V.T.C.A., Transportation Code ch. 683. Notice as used in this paragraph means the mailing of a notice by Certified Mail Return Receipt Requested. Sec. 26 -770. Records. (a) The holder of a permit and /or contract issued pursuant to this article shall maintain complete and accurate records of the towing, receipt, storage, release, and disposal of all vehicles for a period of three years. (b) The contract holder shall furnish the city a monthly invoice for charges for towing vehicles to the city impound facility, and the invoice shall be paid within 30 days of its receipt. The forms used by the contract holder must be approved by the police department. Sec. 26 -771. Dispatch of rotation wreckers. The city police communications center may dispatch the wrecker companies listed on the wrecker rotation list for all police- initiated, non - consent tows. The wrecker company shall be available for dispatch 24 hours a day, seven days a week, and shall have direct communications with the responding wrecker at all times. Two -way radio communications with the Police Communications Center is authorized. Sec. 26 -772. Influence over selection of wrecker service. A police officer investigating or present at the scene of any wreck or collision shall not directly or indirectly recommend to any person the name of any wrecker company engaged in the wrecker business, nor shall any such police officer influence or attempt to influence in any manner the decision of any person on choosing or selecting a wrecker company. Sec. 26 -773. Driving wreckers to scene of collision. No person shall drive or cause to be driven a wrecker or tow truck to or near the scene of a collision on a street in this city unless such person has been called to the scene by the police communications center or its authorized agent or by a party involved in the collision. However, in an emergency when it appears necessary to prevent death or bodily injury to any person involved in a collision, the prohibition of this section shall be inapplicable. Sec. 26 -774. Duties of permit holders. (a) It shall be the obligation of all permit and contract holders under this article to operate wrecker businesses so as to provide safe and prompt removal of wrecked, disabled or police pull vehicles when properly called upon to do so in accordance with this article. (b) The duty to provide safe and prompt wrecker service upon call includes but is not limited to the following specific duties: (1) Upon receiving a call from the police communications center or its authorized agent, the permit holder shall dispatch the requested wrecker to the desired location. The permit holder shall provide motor vehicle towing service within 30 minutes for a light -duty wrecker and one hour for a heavy -duty wrecker from the initial request for service by the city. The permit and contract holder shall be available on seven days a week, 24 hours a day. (2) Upon arrival at the scene of a collision within the incorporated city limits, wrecker company personnel shall take directions from the police officer investigating that collision. (3) Wrecker company personnel of a permit and /or contract holder who hauls any vehicle from the scene of a collision within the incorporated city limits shall remove the debris of the collision from the public streets. This duty specifically includes removal of broken glass and metal fragments from the street and the removal of any load of any vehicle from the traveled portion of the street so as to eliminate any hazard to vehicular traffic. This does not include responsibility to unload cargo from the wrecked vehicle in order to permit hauling. Debris should be disposed of in a manner which will keep it out of gutters, storm sewers, streams, public rights -of -way and property not belonging to the wrecker company, without the consent of the property owner. The officer on the scene of an accident may provide assistance in locating a place for disposal of such debris. (4) Any contract holder on the wrecker rotation list must tow to a place designated by the owner unless the owner /operator of the vehicle is disabled by physical injury and is therefore unable to designate a location for the vehicle to be towed, the operator is arrested, or the vehicle is needed for evidentiary purposes. The contract holder shall then store the vehicle in the impound facility operated by the city or a licensed vehicle storage facility. In all cases, the officer on the scene shall have the authority to require the vehicle to be towed to the city impound facility. (5) No permit and /or contract holder shall store any vehicles or wreckers on the public streets or rights -of -way. The permit holder shall use reasonable care in the storage of property not belonging to the permit holder so as to minimize the risk of theft or damage. (6) All permit holders shall comply with all applicable sections of this Code and city ordinances, including but not limited to the fire prevention code, the traffic ordinances, the criminal ordinances, etc. Failure to do so will subject a permit holder to administrative penalties as set out in this article, in addition to other civil remedies or penal provisions of the statutes or ordinances in question. (7) All permit holders shall at all times comply with all rules pertaining to minimum safety standards for the operation of tow trucks adopted by the state department of transportation pursuant to V.T.C.A., Transportation Code § 643.001 et seq. (8) No permit holder shall employ a driver who has been convicted of any felony within the preceding five years. Sec. 26 -775 Towing vehicles containing hazardous materials, and notification. (a) No wrecker or towing company seeking to tow a vehicle which contains, or is reasonably believed to contain, hazardous materials may accomplish the tow unless, pursuant to 49 U.S.C. §§ 1801, 5107 - -5109, 5125; 49 C.F.R. 387; Tex. Trans. Code §§ 522.003(19), 522.041 -- 522.043, and all other applicable federal and state law, (1) The wrecker is registered to transport hazardous materials; and, (2) The wrecker has been issued pertinent permits to transport same; and, (3) The driver of the wrecker is licensed to transport hazardous materials. (a) In the event a wrecker or towing company seeks to tow a motor vehicle or trailer containing, or reasonably believed to contain, hazardous materials, and the materials have leaked or appear to be leaking, the wrecker or towing company shall immediately advise the Wichita Falls Fire Department of the leakage. The motor vehicle or trailer will not be moved until inspected by the fire department. The fire department will be the sole authority in determining the appropriate precautions to be taken prior to authorizing the motor vehicle or trailer to be moved by the wrecker company. Sec. 26 -776 Removal of Unauthorized Vehicles from Parking Facilities (a) A parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause the vehicle and any property on or in the vehicle to be removed and stored at a vehicle storage facility at the vehicle owner's or operator's expense, if all conditions of Transportation Code, Chapter 684 are complied with. (b) A towing company is authorized to remove and store unauthorized vehicles from parking facilities if all conditions of Transportation Code, Chapter 684 are complied with. (c) A towing company removing an unauthorized vehicle from a parking facility shall within one (1) hour after receiving the vehicle report (by telephone, in person, or by facsimile) to the police department of the municipality in which the parking facility is located: (1) general description of the vehicle (2) state /number of the vehicle's license plate (3) VIN of the vehicle (4) Location from which the vehicle was towed (5) Name and location of the vehicle storage facility where the vehicle is being stored Sec. 26 -777. Administrative disposition of violations. In lieu of or in addition to any criminal prosecution or civil remedy for the violation of any section of this article, the chief of police shall have, as to the holder of any permit or as to any applicant therefore, the duty and authority to enforce this article by administrative action in accordance with the following principles and procedures: (a) The proper and safe functioning of the wrecker business has critical impact on the health, safety and welfare of the public and involves use of the public streets in the city, often in circumstances necessitating prompt removal of dangerous obstructions to traffic on such streets; therefore, the privilege of any person to be a permit holder operating a wrecker company in the city shall be subjected to strict regulation in order to protect the public. (b) For purposes of invoking any administrative remedy against a permit and /or contract holder, the acts or omissions of any agent or employee of the permit and /or contract holder shall be considered to be the acts or omissions of the permit holder. (c) Grounds for suspension or revocation of a permit and /or contract include the following: 1. Any three of the following offenses without justifiable cause during the permitted and /or contracted year: a. Late or pass on rotation. Failure to respond within the time allotted by this article or refusal to respond; b. Failure to properly clean up debris at the accident scene; or C. Failure to comply with record keeping requirements of this article. 2. Any of the following offenses are cause for automatic permit and /or contract revocation at the discretion of the chief of police: a. Failure to respond. Failure to respond after notification and confirmation of such notification; b. Failure to maintain a fleet of wreckers in compliance with this article; C. Driving any wrecker to or from the scene of a collision in a manner which endangers the life or safety of any person; d. Failure to maintain in effect any insurance required by this article; e. Failure to maintain a licensed storage facility as required by this article; f. The knowing employment and use of any driver who has been convicted of any felony within the preceding five years; or g. Charging a fee in excess of the amounts authorized by this article. Sec. 26 -778. Procedures for administrative disposition of violations; appeals. (a) Suspension or revocation of the permit issued under this article may be accomplished by the chief of police after a hearing before the chief of police. Notice of the hearing, the administrative action which may be taken, and the ground therefor shall be given to the permit holder ten days prior to the hearing. Mailing of the notice to the last known business address of the permit holder shall constitute sufficient notice. Suspension or revocation of the permit shall be accomplished by notice in writing to the permit holder which states that the suspension or revocation of the permit has occurred. Such notice shall be given within ten days of such suspension or revocation. Appeals from an adverse ruling by the chief of police shall be made in writing to the city manager within 20 days of such suspension or revocation and not thereafter, and such appeals shall be determined by the city manager after a hearing before the city manager, of which the permit holder has had reasonable notice. Written notice of the ruling by the city manager shall be mailed or given to the permit holder within 30 days of the date the written appeal is received by the city manager. The city manager shall have authority upon hearing of the appeal to reverse, vacate, sustain or modify the order of suspension or revocation. (b) Such revocation of a license or permit shall terminate all authority and permission theretofore granted. Any person whose license or permit has been revoked shall not be eligible to again apply for a license or permit for a period up to one year from the date of a revocation. Secs. 26-779--26-800. Reserved." SECTION 2. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the V day of June, 2003. MAYOR ATTEST: City Clerk Affidavit ' of Publication THE STATE OF TEXAS #1693222 ORDINANCEN0.53-2003 COUNTY OF WICHITA ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER On this 16th day of June, 2003 A D... 26,BUSINESS REGULA- TIONS,AT ARTICLE VI- personally appeared before me, the undersigned authority II , WRECKER BUSINESSES. KathySalan, Sales Assistant for the Times Publishing ORDINANCE NO.54-2003ORD NANCE OF THE CITY ICOUNCIL OF THE Company of Wichita Falls, publishers of the Wichita Falls CITY OF WICHITA FMENDING THE CODE Times/Record News, a newspaper published at Wichita Falls in OF ORDINANCES,AP- Wichita County, Texas, and upon beingdulysworn byme, on PENDIX B,ZONING OR- Y p sINANCE,AT SECTION 20 SUBSECTION 5,RE- oath states that the attached advertisement is a true and GARDING TEMPO- RARY SALES OF correct copy of advertising published in One (1) issues thereof ALCOHOLIC BEVERAG- ES,AND AT SECTION on the followingdates: 5430 REGARDING AL- COHOLIC BEVERAGE SALES NEAR CHURCH- ES, HOSPITALS AND SCHOOLS. June 15, 2003 Sales Assistant for Times PublishYng Company of Wichita Falls P Y Subscribed and sworn to before me this the day and year first above written: 014— [/Q 3o), DAL,/ O.�PRY AjjeG.. �1 • N� co �FNP FES4 : • 1' /8-2Ooa '....1.•.