Ordinance No. 10,311ORDINANCE NO. 10;311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING FOR A 120 -DAY PERIOD A VARIANCE FROM
SECTIONS 102- 167(A) AND 102- 196(B)(6) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, REQUIRING TOW TRUCK
OPERATORS PERFORMING NONCONSENT TOWS TO MAINTAIN A
VEHICLE STORAGE FACILITY INSIDE THE CITY LIMITS AND TO TOW
THE VEHICLE TO A VEHICLE STORAGE FACILITY INSIDE THE CITY
LIMITS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, on February 9, 2006, the City Council of the City of Baytown, Texas
amended its tow truck regulations for nonconsent tows via Ordinance No. 10,257; and
WHEREAS, Section 102 -167 (a) of the Code of Ordinances, as amended, requires tow
truck operators performing nonconsent tows to tow a vehicle to a vehicle storage facility within
the corporate limits of the City, rather than within both the corporate limits of the City and the
area bounded by the San Jacinto River and bays on the west, the bays on the south, Cedar Bayou
Stream and State Highway 146 on the east, and Interstate Highway 10 on the north, or property
immediately contiguous to the said Highway 146 or Interstate 10 (the "Extended Area "); and
WHEREAS, Section 102 -196 (b)(6) of the Code of Ordinance, as amended, requires an
applicant for a tow truck permit must provide proof that the applicant has a vehicle storage
facility within the city limits, rather than within the Extended Area; and
WHEREAS, J.E.W., Inc., and Jimeez Towing & Recovery (the "Tow Truck Operators ")
have been permitted for four years to perform nonconsent tows; and
WHEREAS, because the Tow Truck Operators maintain a vehicle storage facility outside
the corporate limits of the City of Baytown, neither qualifies to receive a tow truck permit under
the provisions of Ordinance No. 10,257; and
WHEREAS, the City Council pursuant to the conditions hereinbelow expressed desires to
grant the Tow Truck Operators a variance to exempt them from maintaining a vehicle storage
facility inside the City limits and from towing vehicles to a vehicle storage facility inside the city
limits; provided the vehicle is towed to the vehicle storage facility located at 4422 Crosby Cedar
Bayou Road; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: The findings contained in the preamble hereof are declared to be true and
correct and are hereby adopted.
Section 2: The following variance to the Code of Ordinances, Baytown, Texas, is
hereby granted to J.E.W., Inc., and Jimeez Towing & Recovery for a 120 -day period
commencing on April 28, 2006; provided that the owners of the property located at 4422 Crosby
®
Cedar Bayou Road request and actively pursue annexation by the City:
Section 102 -167 (a)
When performing nonconsent tows, J.E.W., Inc., and Jimeez Towing & Recovery
shall be allowed to tow vehicles to a state - licensed vehicle storage facility within
the city limits or to its vehicle storage facility located at 4422 Crosby Cedar
Bayou Road provided such facility is licensed by the state for the protection of
stored vehicles and fenced as required by city ordinance.
2. Section 102 -196 (b)(6
J.E.W., Inc., and Jimeez Towing & Recovery shall be allowed to provide proof
that they have a storage facility located at 4422 Crosby Cedar Bayou Road,
instead of within the city limits, that is licensed by state law suitable for the
protection of stored vehicles and fenced as required by city ordinance.
Section 3: Nothing herein shall be construed as to authorize any other variance,
exception, or deviation from Chapter 102 of the Code of Ordinances, Baytown, Texas.
Section 4: 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 vote of the City Council of the
City of Baytown this the 27`h day of April, 2006.
APPROVED AS TO FORM:
NACIO RAMIREZ, SR , ity Attorney
CALVIN MUNDINGER, NbrA
isR:AKarenTiles\City Councill0rdinancesM061April 271OrdinanceGranlingAVariance4JEW Inc4TowTrucks.doc
2