by MOSES LEOS III
The battle over setting precedence or upholding the law will come full circle on April 30 for the Buda City Council. On that day, the council will decide whether to proceed with annexation of 36 acres along the northwest corner of IH-35 and Main Street, near Exit 221.
That annexation would put longtime business owner Chester Davis in the position of having an illegal business within the city limits.
Davis’ saga began with proposed annexation of land just north of Buda. That’s where one of his American Fireworks superstores, a permanent fixture on which he has a long-term lease, sits. He currently subleases the building with Big Tex Trailer World Inc.
According to Buda City Ordinance 14.03.002 and 14.03.003, it is illegal to sell and use fireworks within Buda. Should the city continue with annexation proceedings, Davis’ business will become an illegal operation.
That forced Davis, who owns the American Fireworks company, to file a seven-year variance to keep his superstore open at that location. He owns several similar businesses statewide. And he apparently has been in this position in the past.
“Typically, you are told that when your business is annexed into the city, that business is given a length of time – five to seven years – to move,” said Davis, who explained that the search process for either a new building or property outside of city limits to build a new brick-and-mortar structure is a lengthy one. “All I did was request something I have gotten from any other city,” said Davis.
However, the Buda City Council struck down his deal at its last meeting, on the basis of setting precedence for future businesses.
“I do not feel comfortable saddling a seven year agreement on the city council,” said Buda Mayor Todd Ruge. “It does not feel right.”
Yet Davis has not given up the fight to continue operating the store in Buda. Since council negated his request for a variance, Davis put forth instances of cities in Texas which have “grandfathered in” fireworks businesses.
Specifically, he submitted a 2006 ordinance from the City of Lufkin, where fireworks stores were allowed to operate after unilateral annexation, provided that the business is connected to a permanent slab, is not temporary and adheres to state law, allowing the sale of fireworks only 24 days out of the year.
In addition, Davis proposed that every fireworks sale at that stand would contain a notice of the Buda ordinance prohibiting the use of fireworks in the city limits. He also claimed that he provides local fundraising opportunities for school groups.
Council, unswayed by Davis’ argument, remains steadfast on upholding the current in-place laws.
“I don’t want to handcuff future staff and councils with a rule that could be good or bad for the city,” said Ruge. “It is also hard to let a business that breaks the law operate within city limits. It could set a precedent, which could give future business of any type an argument.”
Davis disagrees with the idea of his business setting future precedent. In his eyes, the requested variance is “industry specific,” arguing that no one resides in that area for a precedence to take place.
He also said no change in existing laws would occur; fireworks would still be outlawed in Buda. David did not feel his stance on the issue was hypocritical.
Buda city council offered two recommended options regarding Davis and his operation. Option one would grant Davis a variance of 90 days to move his fireworks business from the city limits.
“This option gives Davis a chance to sell fireworks for the Fourth of July,” Ruge said.
Option two – deemed the “Do Nothing” option – would enforce existing ordinances, effectively ending fireworks sales at Davis’ superstore. Two citizens spoke at council in favor of this option.
Davis maintains his fight to keep his business where it is. If anything, he wishes to ensure he does not lose the hundreds of thousands of dollars he has spent to improve the structure.
“I’m not asking my city, my people, to go out of their way. I just would like professional courtesy,” said Davis, who said he has the backing of the Buda Area Chamber of Commerce (BACC).
“We are aware of the situation. As far as the chamber is concerned, no official stance has been made at this point,” said BACC consultant J.R. Gonzalez. “Nothing has been brought before the board.”
In Davis’ eyes, the city’s expansion gives the impression that he has been the victim of circumstance. “(The city) is coming to get me, not me coming to get them,” said Davis, who never expected the city to grow as fast as it has. “I was legal when I first arrived here; now they are forcing me to be illegal.”
Davis hopes to continue selling his wares within the city he has resided in for over 30 years. “I’ve built my home here. I’ve raised my children here. I want to continue to sell fireworks in this area,” said Davis, who went on to explain what his intentions are after the council’s decision. “Whatever they decide, I will find another spot. It will take some time; it will not happen overnight.”
A special session of city council will convene on April 30 to finalize this and other annexation cases. The city hopes to have a decision on the Davis case by early May.
