Ordinance No. 12,993ORDINANCE NO. 12, 993
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A LIMITED VARIANCE TO SECTION 94 -242 OF
THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO DEEP
SOUTH CRANE AND RIGGING IN ORDER TO UTILIZE BAYWAY DRIVE
BETWEEN DECKER DRIVE AND BAKER ROAD TO PERFORM SIXTEEN
HEAVY TRANSPORTS TO DELIVER CARGO TO AN EXXONMOBIL
LAYDOWN AREA OFF CARTER ROAD; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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WHEREAS, with limited exceptions, Section 94 -242 of the Code prohibits the use of a
commercial motor vehicle on a street, road, avenue or thoroughfare within the City limits that is
not designated as a truck route; and
WHEREAS, Deep South Crane and Rigging has requested a variance to Section 94 -242
of the Code of Ordinances, Baytown, Texas (the "Code ") to utilize Bayway Drive between
Decker Drive and Baker Road to perform sixteen (16) heavy transports to deliver cargo to an
ExxonMobil laydown area off Carter Road; and
WHEREAS, Bayway Drive is not designated as a truck route pursuant to Section 94 -241
of the Code; and
WHEREAS, Deep South Crane and Rigging's request is generated from its attempt to
minimize the public disruption associated with the remediation that would be required to be
addressed due to the height and width of the cargo; and
WHEREAS, Deep South Crane and Rigging has agreed to move all sixteen (16)
transports after 9:00 p.m. and complete the same before 5:00 a.m.; and
WHEREAS, the City Council finds that in this instance a limited variance is in the best
interest of the public and is appropriate based upon the conditions specified herein; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That all matters and facts set forth in the recitals hereinabove are found to
be true by the City Council of the City of Baytown, Texas.
Section 2: That the City Council of the City of Baytown hereby grants a limited
variance to Section 94 -242 of the Code of Ordinances, Baytown, Texas, to Deep South Crane
and Rigging to utilize Bayway Drive between Decker Drive and Baker Road to perform sixteen
(16) heavy transports to deliver cargo to an ExxonMobil laydown area off Carter Road
contingent upon the Deep South Crane and Rigging's:
performing the transports at night after 9:00 p.m.;
2. completing the transports prior to 5:00 a.m.; and
3. obtaining a super oversize /overweight single trip permit (the "Permit') from the
City, which requires a bond, insurance and restoration of damaged property.
4. complying with the terms and condition of the Permit and all other applicable
laws, rules and regulations.
Such variance shall be granted only for the limited period for which the transports will take place
as designated in the Permit. Should the Permit not be issued within one hundred twenty (120)
days from the effective date of this ordinance, this variance will automatically expire.
Section 3: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative) ote of the City Council of the
City of Baytown this the 8th day of October, 2015. i
ATTE : /
L TICIA BRYSCH, City - ;
(4, Tll,YT��.f�,
APPROVED AS TO FORM:NACIO RAMIREZ, SR., t ttorney O F 4�
+'+. COBFS0F,Legal',Karen.FileslCity Council .Ordinances\2015`•October 8 Truck RouteVariance.doc
Mayor