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Ordinance No. 11,350ORDINANCE NO. 1 1,350 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 102 "VEHICLES FOR HIRE," ARTICLE III "TOW TRUCKS," DIVISION 3 "PERMIT," SECTION 102 -198 "ISSUANCE," SUBSECTIONS (C) AND (D) OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, TO ALIGN THE TOW TRUCK PERMITS WITH THE CITY'S FISCAL YEAR; PROVIDING FOR A PENALTY NOT EXCEEDING FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. » �:****:*****:•****•*«*** �*********:*** ss*** s*** ss** �* * * * * *� : :. *s « * * *s *s * *. * * * * : * « *r* BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 102 "Vehicles for Hire," Article III "Tow Trucks," Division 3 "Permit," Section 102 -198 "Issuance," subsections (c) and (d) of the Code of Ordinances of the City of Baytown, Texas, is hereby amended to read as follows: CHAPTER 102. VEHICLES FOR HIRE ARTICLE III. TOW TRUCKS. DIVISION 3. PERMIT Sec. 102 -198. Issuance. (c) Tow truck permits shall expire on September 30 of each year. Following approval by annual inspection and the payment of the annual tow truck permit fee, the approved towing company shall be placed on the applicable rotation list for that year. If the tow truck is inspected after June 30 and successfully passes the same, such tow truck shall not be subject to the inspection requirement of this article for the issuance of a permit for the following year. (d) If a tow truck permit has been suspended during the permit year, issuance of a new permit will be reviewed by the tow truck committee during September of such year. The awarding of such permit shall be denied if the committee determines that the health, general public safety and welfare of the citizens of the city demand such a result. Section 2: Every person convicted of a violation of any provision of this ordinance herein shall be punished by a fine not exceeding FIVE HUNDRED AND NO/] 00 DOLLARS ($500.00). Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, administrative adjudication and revocation of licenses or permits. Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of' this ordinance or their application to other persons or sets ot'circunistances and to this end all provisions oFthis ordinance are declared to he severable. Section 5: This ordinance shall take effect from and after ten (10) days from its passage by (lie City, Council. The City Clerk is hereby directed to give notice hercot' by causing the caption of this ordinance to be published in the of,flicial newspaper of, the City of' Baytown at least twice within ten (10) days al"ter passage ol'this ordimance. Massage FD, READ, and PASSED by the afflumative vote of the Ci Baytown, this the 13"' day ()I' May, 20 1 O. A POP AP e, ES, N imp APPROW'D AS TO FORM: 4K I "NACIO 1� AMI RL"Z, SR Cit6- / (torlIcy R,\Karcn\FiIcs�Cay I 0'tNby 131d'o-w I'i tick hscah'eat. dou ncil of'the City of DONCARLOS, Page I of' I WOURFUT11 From,: Leticia.Garza Sent: Saturday, May 15, 2010 12:08 PM To Whorn It May Concern: Mease see the attached ordinances, which amend the City of Baytown Code of Ordinances arid '! make the updates to our Code as is our norm. The captions to the referenced ordinances are the following: ORDINANC' NO. 11,349 AN ORDINANCE OF1111" C]'FY OF I3AYTOWN,'FI.,'XAS, AMENI)ING CHAl"I'l,'R 6 "AIXOI1OIIC I11?VF"1RA(.J.',S," ARTIC1,11' 11 1,10 "NSF OR SFC'HON 6-33 "U'YY CI,HRK TO AU'HIORIZE 'ITIE, CII'Y C'I,FRK '1'0 CUAUIFY TO'HIE, STAIT," W11FAT-1EIR '11­11:° l,OCA'FION PROPOSED FOR'l'I­1F' SAI.J-'0FAI,,C(1*I0HC 13EVERAGES IS IN A WEII'AREA AND IS NO'F 01111"RWISt'i. PR(A-111,3111-11) 13Y 'D FOR O('CUPANCY HAS YEJ' TO BF, ISSUE C1,AUSE; CONTAINING A SAVINGS CI,AUSE; 4,111Rt."OF. ORDINANCE NO. 11,3 O 0RDINAN(..:F'. EWN IF A CEIRTIF[CME OF 'H'IF' 1,0CA]ION; PROVIDING A RE"PE"AUNG AND PR(')VIDING FOR DA'I'E AN ORDINANCE OF 'ITIF CITY OF BAYTOWN, TkXAS, A ME'NI)ING C1 IAPTEI 102 "W"I I 10"FIS 1-01� HIRF," ARTICLE III "TOW TRUCKS," DIVISION 3 "P1{'RN/1I'F," SECTION 102-198 "ISSUANCE," �x SUBSEC'FIONS (C) AND (D) OF'HIF" C�ODE 01" OR [ANANC' I"IS OFTIII.1'CFFY 01: BAY'1'0WN,'I1` AS, T(") A1,1(_1N THE TOW TRUCK PERMITS WIT TI THE' CITY'S FISCAL, YEAR; 1114)VIDING FOR A IIE'NA IAN N01' EXC1-.E',DIN(3 FIVI" H(JNDRED AND NO/100 D011,ARS ($500.00); PROVIDING A IZEPF1'AIJNG Ct,A(,.jSE; CONTAINING A SAVINGS (J,AUSI_`; AND PROVIDIN(Is FOR THE 13IJ 1111CA'HON AND I"IFFECTIVE" DA'FE''I'l 11,.IRF'101` Please let me know if you require any additional follow-up and or information from me, in order to accomplish this task, the clerk that normally handles these code changes is out on sick leave. Sincerely, Leticia Garza City Clerk 281-420-6588 5/15/2010 Page I of I Leticia.Garza From Leticia. Garza Sent: Saturday, May 15, 2010 11:46 AM To -. 'terri.berryman@baytowiiS,Lin.com' CC- Christine.San&n Subject: RE: City of Baytown Legal Publication - CAPTION for Ordinance 11,350 Terri Please publish the attached caption of City of Baytown Ordinance No. 11 350 in your publication on the following two dates: I . Wednesday, May 19, 20,10 and 2. Thursday, May 20, 2010. Please ensure that the City of Baytown logo as at the top of the cap ion and send me the proof at Your earliest convenience. Please let me know if I can be of any further assistance at 28'1 -420 -B a . Thanks, Lethe 5/15/2010