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Home My WebLink About09458 ORD - 08/06/1969IMS:JKH:8 -6 -69 `z i AN ORDINANCE AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COUNTY OF NUECES CONCERNING AN AIR POLLUTION GRANT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS, THE CORPUS CHRISTI-NUECES COUNTY HEALTH AND WELFARE DEPARTMENT HAS RECEIVED FROM THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE, AN AIR POLLUTION CONTROL GRANT N0. 16 / , UNDER THE PROVISIONS OF THE CLEAN AIR ACT, PUBLIC LAW 9D -148; AND WHEREAS, IT IS NECESSARY TO ESTABLISH A COORDINATED ENFORCEMENT PROCEDURE UNDER APPLICABLE LOCAL, STATE AND FEDERAL LAWS TO ASSURE A PROGRAM TO PREVENT AND CONTROL AIR POLLUTION, AND SAID PROCEDURE IS SET OUT IN THE ATTACHED AGREEMENT TO BE SIGNED BY THE CITY OF CORPUS CHRISTI AND THE COUNTY OF NUECES, IN THE STATE OF TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER OR DIRECTOR OF THE CITY - COUNTY HEALTH AND WELFARE DEPARTMENT, OF THE CITY OF CORPUS CHRISTI, BE AUTHORIZED TO SIGN ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE ATTACHED AGREEMENT WHICH IS INCORPORATED HEREIN AND MADE A PART OF THIS ORDINANCE, AND MAKE SUCH CHANGES THEREIN AS MAY BE REQUIRED BY THE FEDERAL AGENCY MAKING SUCH GRANT TO THE LOCAL GOVERNMENTAL BODIES, AND TO TAKE SUCH STEPS AS ARE NECESSARY ON THE PART OF THE CITY OF CORPUS CHRISTI TO IMPLEMENT SAID AGREEMENT. SECTION 2. EXECUTED COPIES OF THIS AGREEMENT SHALL BE FOR- WARDED TO THE APPROPRIATE STATE AND FEDERAL AGENCIES FOR THEIR FILES IN CONNECTION WITH THE AIR POLLUTION GRANT TO THE CORPUS CHRISTI - NUECES COUNTY HEALTH AND WELFARE DEPARTMENT. SECTION 3. THE NECESSITY TO IMMEDIATELY ENTER INTO THE AFORE- SAID AGREEMENT CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMER- GENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF AUGUST, 1969. ATTEST: CITY S CR T Y", APPROVED: DAY OF AUGUST, 1969: c CITY ATTORNEY THE CITY OF CORPUS CHRISTI,•TEXAS I WOM This contract and agreement by and between the City of Corpus Christi, not heretofore referred to for other health department activities. but made a part of this contract, hereinafter referred_ to as "City - and the County of Nueces, hereinafter referred W as „County ",° witnesseth: D. Under the provisions of article 4447a, Vemon's Civil Statutes of ; Texas, Cities and County have organized a City _County Health, Department, and such a program also include s'air poliaut ton f„ inspections, investigations for the purpose of enforcement, and - the general duties of providing studies, dats and'a plan for air quality ' ' management:. This contract is made Pursuiant to authority contained in Section 18 (L), of the Clean;Air Act of Texas. 3467. (Ariicle :_. 4477-5, V. C. S. l so as to assure a program calculated to, prevent e ,-k and control air ' polite Lion by. "Suring adequate enforcement procedures. 2. The Corpus Christi-Nueces County health and Welfare - Department shall tranamit all results of its investigations and copies of its data ' both the City of Corpus Christi, and County of Nueces under Wes agreem=L, 3. Tither the' City or County may -Cal! upon, the Cur- County Health • Unit for additional investigations and shall have the right to inspect the xecords'and obtain the data thus obtained as a result of this Countr-City Health Upit operation: -' '4. Where suits appear to be necessary, the City of Corpus Christi, M a, agiee to assume primary responsibility and discretion for initiating ' such suite as to violations within their- corporate limits: Prhnary responsibility for initiating suits as to violations -iii Ndeces County, outside the Corporate limits of tits City of Co _ epos Christi shall be_ _ _ _ with the County Attorney of Nneces County, Tens.: The deaigaatimts Of PrIMU7, responsibility for suits In this agreement does not ke- elude suits by the county or city•wherever sdme appear to be necessary. _ This paragraph 18 'designed to assure- that enforcement procedures, as a result of work done thrau h tits Cow Christi- Nueces County -° Health and 'Welfare Departmenk' V4 receive frompt sttention'snci ' rigid enforcemem. ' _ -5. - In cases where silt is brought under the Clean Air Act of Texas, '1967, -a copy of the invesdgation'reparts, names of Witnessea and other data will be forwarded to the Attorney Genera] of Testa at tb9. time suit is filed so' that.tbe Tevao Air Control bard ran have as - - -- opportumitr o o evaluate the suit and determine its as a ueceesagy - position party under Section 18 (6) o6he 94ld Clean 'Air Act -of Texas: 1947. Forwarding of this report shall not delay the filing of suit. 6: All n@Cee9arlt epplicatione' 8ha11. be •InBde fry the Cofipus Christi -. `• Nuet:es County Health and Welfare DepaZtment to the appropriate Federal 8gencies under Pablle I.eai'�D -148 (815tat 485,) or other - appropriate Federal, Laws, for proper funding of the sold area air control agency. : y; The maates contributed by the signatory parties to this agreement' ` (the City and the County) shall be in the proportions set foro in " the Federal [cram Application which ls, incorporated berein each made a part of -this contract, In the event of dissolution of tbe' , Corpus Citri®ti= Nueces County fie$Ith and Welfare Department as a'goveramental district created under Article 4447aj V.C. S.'i Pr ehall'be divided sarong tits municipalities 1U acrArdwwe - :.with such contributioins'beretofore, made in,tbe Federal Grant, as _ ` - amended from ,time to time. -. . 8. The'Corpus,CpriBti Nuacea'Connty Health'and Welfare Department shall be charged with wfovciug�th@ Te=as Air Control Board rules and regulations. - - In those areas of air pollution wherein the State of Texas, through its Texas Air Control Board has nob adopted rules, the parties hereto agree that the City of Corpus Christi, sba11 con- sider such ordinances relating to air pollution as in the opinion of the Corpus Chried- Nueces County Health and Welfare Department may be deemed appropriate. EXECUTED THIS DAY OF 19 ATTEST., City Secretary APPROVED' DAY OF , 1969: CITY OF CORPUS CHRISTI BY CITY MANAGER - 6 W yT J)( accToo 101= C' Ty — CUA)Ty CITY ATTORNEY ITL,4LTt k0b rZLE J� � COUNTY OF NUECES NUECES COUNTY COMMISSIONERS COURT BY County judge Corpus Christi, s . 9L day of 19� To THE VEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the shall - sion of the Charter rule or requirement that no ordinance or resolution sall therefore, he me be passed finally on the date it is introduced, and that such ordinance o you suspend said Charter rule or requirement and pass. request that y this ordi- resolution shall be read at three of the City Council; , Hance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MA OR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jack R. Blackmon (^ Gabe Lozano, Sr. V. A. "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. "Wrangler" Roberts Ronnie Sizemore The above ordinance was passed by the following vote: Jack R. Blackmon Gabe Lozano, Sr. V. A, "Dick" Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. !'Wrangler" Roberts Ronnie Sizemore