HomeMy WebLinkAbout09635 ORD - 02/04/1970AN ORDINANCE
ADOPTING RULES AND REGULATIONS FOR THE CONTROL OF
AIR POLLUTION; PROVIDING A PENALTY FOR VIOLATION;
PROVIDING A MEANS OF ENFORCEMENT; PROVIDING SEVERANCE
CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN
EMERGENCY.
WHEREAS, THE CLEAN AIR ACT OF TEXAS, ADOPTED BY THE TEXAS
LEGISLATURE IN 1967, AND APPEARING IN VERNON'S TEXAS CIVIL STATUTES AS
ARTICLE 4477 -5, AUTHORIZES A LOCAL GOVERNMENT, INCLUDING HOME RULE
CITIES, TO ADOPT REGULATIONS FOR THE CONTROL OF AIR POLLUTION NOT
INCONSISTENT WITH THE PROVISIONS OF THE ACT OR THE RULES, REGULATIONS '
OR ORDERS OF THE TEXAS AIR CONTROL BOARD; AND
WHEREAS, THE TEXAS AIR CONTROL BOARD HAS ADOPTED REGULATIONS
EFFECTIVE AS OF JANUARY 1, 19701 AND IT IS WITHIN THE POWER OF THE CITY
COUNCIL TO MAKE SUCH REGULATIONS ENFORCEABLE BY THE CITY OF CORPUS
CHRISTI WITHIN ITS CORPORATE LIMITS:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. THAT THE RULES AND REGULATIONS OF THE TEXAS AIR CONTROL
BOARD, AS PROMULGATED BY BOARD ORDER NO. 68-1, AND EFFECTIVE AS OF JANUARY
1, 1970, PURSUANT TO THE CLEAN AIR ACT OF TEXAS, 1967 (ARTICLE 4477 -5,
V.T.C.S. ), ARE HEREBY ADOPTED AS RULES AND REGULATIONS FOR THE CONTROL
OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI, A COPY OF SAID
REGULATIONS, IDENTIFIED BY THE SIGNATURE OF THE CITY SECRETARY, BEING
ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART OF THIS
ORDINANCE.
SECTION 2. THAT THE VIOLATION OF ANY OF SAID RULES AND REGULA-
TIONS 15 HEREBY DECLARED TO BE UNLAWFUL AND PUNISHABLE BY A FINE IN THE
MUNICIPAL COURT, UPON CONVICTION, OF A FINE OF NOT MORE THAN TWO HUNDRED
DOLLARS($200.00) FOR EACH OFFENSE THEREOF. ,
SECTION 3. THE CITY SECRETARY IS HEREBY DIRECTED TO FURNISH A
COPY OF THIS ORDINANCE,WITHOUT THE NECESSITY OF HAVING A COPY OF SAID
REGULATIONS ATTACHED THERETO, TO THE EXECUTIVE SECRETARY, TEXAS AIR CONTROL
BOARD, IN AUSTIN, TEXAS.
60; . v
SECTION 4. THAT THE LEGAL STAFF OF THE CITY OF CORPUS CHRISTI,
UPON RESOLUTION BY THE CITY COUNCIL, WITHOUT REGARD TO PROSECUTIONS IN
THE MUNICIPAL COURT, BE, AND IS HEREBYjAUTHORIZED TO SEEK INJUNCTIVE RELIEF
TO PREVENT ANY FURTHER VIOLATION OR SEEK COURT ORDER FOR THE ASSESSMENT OF
PENALTY OF NOT LESS THAN FIFTY DOLLARS ($50.00) NOR MORE THAN ONE THOUSAND
DOLLARS ($1,000) PER DAY FOR EACH DAY SUCH VIOLATION CONTINUES, AS THE
COURT MAY DEEM PROPERy OR FOR "BOTH INJUNCTIVE RELIEF AND PENALTY. THE
LEGAL STAFF OF THE CITY OF CORPUS CHRISTI SHALL SEEK TO PROSECUTE AND
ENJOIN VIOLATIONS IN A COURT OF APPROPRIATE JURISDICTION BY WORKING WITH
AND THROUGH THE ATTORNEY GENERAL OF TEXAS OR SUCH OTHER LEGAL STAFF OF THE
TEXAS AIR CONTROL BOARD AS MAY REQUEST SUCH ACTION.
SECTION 5. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASE OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT
SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF
THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 6. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTI, WHICH PUBLICATION SHALL CONTAIN
THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE.
SECTION 7. THE FACT THAT THE CITY OF CORPUS CHRISTI IS
EMPOWERED TO CARRY OUT AN AIR CONTROL PROGRAM FOR THE AREA AND TO ENTER
INTO COOPERATIVE AGREEMENTS FOR THE ENACTMENT AND ENFORCEMENT OF REGULA-
TIONS TO CONTROL AIR POLLUTION AND THE FURTHER FACT THAT THE CITY OF
CORPUS CHRISTI IS DESIROUS OF PARTICIPATING IN THE AFORESAID PROGRAM
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 THAT SUCH PUBLIC EMERGENCY AND NECESSITY
EXIST, AND HAVING REQUESTED THAT SUCH CHARTER RULE BE SUSPENDED 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
-2-
/J0 PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE 44k DAY of
� t97
ATTEST:
Cl ECR TARY qq
APPROVED:
—4— DAY OF BAR* ,- 1970.
i
CITY ATTORNEY
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
Corpus Christi, Texas
&day of , 197,0
TO THE tlETMERS 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 suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend gai.d Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
I YOR
TIE 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. s
Eduardo E. de Ases
Ken McDaniel
W. J. Wrangler" Roberts
Ronnie Sizemore -
is
r�
U
PUBLISHER'S AFFIDAVIT
•
t
STATE OF TEXAS, )ss:
County of Nueces. f
Before me, the undersigned, a Notary Public, this day Personally came ._._
_.. l+e] atad -.. «. 8a� ise s•••. -. - --
who _111M first duly sworn. acxording to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Times,
Daily Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
a al _lJe�.ice- .-= �Io'l'7CF of PaSS_arr .n_F.�nrnratl�F Nn a6��,g.._,....
of which the annexed is a true copy, was published in �ha• -�i s�OB �-- --- -- °-
x k
on the. ..1g day of._.. Feb 19.70, ems....._.
Eelan /G:eZ n es, Gl. Adv
Subscribed and sworn to before me this_.._.. _ d y of _ .... ...�. 19..
` Louise Vick otary Public, Nuecea Comity. Texas n
r,