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Home My WebLink About10445 ORD - 09/01/1971HG:BIw:9 /1/71 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9635, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 4, 1970, BY ADOPTING ADDITIONAL RULES AND REGULATIONS OF THE TEXAS AIR CONTROL BOARD AS ATTACHED HERETO FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI; ADOPT- ING THE CLEAN AIR ACT OF TEXAS; PROVIDING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO THE TEXAS AIR CONTROL BOARD; AND DECLARING AN EMERGENCY. • WHEREAS, THE CITY OF CORPUS CHRISTI, BY ORDINANCE No. 9635, ADOPTED RULES AND REGULATIONS FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI, AS SAID RULES AND REGULATIONS WERE ADOPTED BY THE TEXAS AIR CONTROL BOARD, PROMULGATED BY BOARD ORDER No. 68 -1 EFFECTIVE AS OF JANUARY 1, 1971, PURSUANT TO THE CLEAN AIR ACT OF TEXAS, 1967 (ARTICLE 4477 -5, V.T.C.S.); AND WHEREAS, RECENT REVISIONS HAVE BEEN ADOPTED BY THE TEXAS AIR CONTROL BOARD; AND WHEREAS, IT IS IMPERATIVE THAT THE LOCAL RULES AND REGULATIONS FOR CONTROL OF AIR POLLUTION BE IN ACCORD WITH THE FEDERAL AND STATE AIR CONTROL REGULATIONS, AS AMENDED FROM TIME TO TIME NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT SECTION 1 OF ORDINANCE No. 9635, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 4, 1970, BE AND THE SAME IS HERE- BY AMENDED TO READ AS FOLLOWS: "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, 1971; THE AMENDMENTS TO REGULATION 1, EFFECTIVE APRIL 29, 1971, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF THE SAME AS IF COPIED HERE- IN; AND REGULATION VI, EFFECTIVE APRIL 29, 1971, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF THE SAME AS IF COPIED HEREIN, 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. THE CLEAN AIR ACT OF TEXAS, 10445 • • 1967, (ARTICLE 4477 -5, V.T.C.S.) AS IT READS AS OF THE DATE OF PASSAGE OF THIS ORDINANCE IS HEREBY ADOPTED FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI." SECTION 2. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID BY FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION, 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 3. THAT THE VIOLATION OF ANY OF SAID RULES AND REGULA- TIONS IS HEREBY DECLARED TO BE A NUISANCE AND UNLAWFUL AND PUNISHABLE BY A FINE IN THE MUNICIPAL COURT, UPON CONVICTIONS OF A FINE OF NOT LESS THAN Two DOLLARS ($2.00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE THEREOF. NOTHING IN THIS SECTION SHALL DEPRIVE THE CITY OF CORPUS CHRISTI OF ANY OF THE REMEDIES AVAILABLE UNDER THE CLEAN AIR ACT OF TEXAS, 1967, AS ADOPTED BY THIS ORDINANCE AND ANY REMEDIES IN THIS ORDINANCE ARE CUMULATIVE OF ALL OTHERS AVAILABLE TO THE CITY. SECTION 4. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL PUBLICATION OF THE CITY OF CORPUS CHRISTI, BY PUBLISHING THE CAPTION OF THIS ORDINANCE, STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE. SECTION 5. THE CITY SECRETARY IS HEREBY DIRECTED TO FURNISH A COPY OF THIS ORDINANCE, WITHOUT THE NECESSITY OF HAVING A COPY OF AND REGU- LATIONS ATTACHED THERETO, TO THE EXECUTIVE SECRETARY, TEXAS AIR CONTROL BOARD, AUSTIN, TEXAS. SECTION 6. THE NECESSITY TO MAKE THE AFORESAID AMENDMENT TO THE RULES AND REGULATIONS FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI HERETOFORE ADOPTED, IN ORDER FOR THE SAME TO BE IN ACCORD- ANCE WITH THE FEDERAL AND STATE AIR CONTROL REGULATIONS, CREATES A PUBLIC EMERGENCY AND 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 BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXISTS AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THIS ORDINANCE BE PASSED FINALLY ON THE -2- • • DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSA , AND PUBLICATION, IT IS ACCORDINGLY SO ORDAINED, THIS THE /{{.I DAY OF 4 ATTEST: 1971. CITY SECRET APPROVED: /S- DAY 0 MAYOR THE CITY OF CORP CHRISTI, TEXAS • CORPUS CHRISTI, TEXAS • TO THE MEMBERS 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; 1, THEREFORE REQUEST THAT YOU SUSPEND SAID 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. MA CT-FULLY, THE CITY OF CORP ,'• HRISTI, TEXAS THE CHARTER RULE WAS SUSPENDED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THE ABOVE ORDINANCE WAS PASSED BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTB BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK 7STATE OF TEXAS, County of Nueces. PUBLISHER'S AFFIDAVIT Before me, the undersigned, a Notary Public, this day personally came Leland G. Barnes , who being first duly sworn, according to law, says that he is the AlamitiesUlanuer 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 Legal - Notice of passa e of ordinance_mo 0445:7-r-araanding sart.ion 1,maclopting addrfliiiI iiires and regu1ati6is of Texas air control board of which the annexed is a true copy, was published in Alla—Times- ea the 4th day of September i21, eg .8 a ae. ea k thereaftes- for. $ 6 • 60 read& G. Barnes, dr: Subscribed and sworn to before me this slth- ,day of— —September.— Louise Vick Notary Public, Nueces County, Texas NC ON RR R"C A. 1977. By ADOPTING ADDITIOfI- A, RULES AND REGULATIONS OF THE TEXAS AIR CONTROL BTO AO 0HS E ATOATCHD HERE- POLLUTION WITHIN TL HO F CITY R OF C00005 CHRISTI; ADOPT- ING THE CLEAN AIR ACT OF TEXAS; PROVIDING A SEVER- ANCE CLAUSE; PROVIDING A • PENALTY; PROVIDING FOR PUBLICATION 010000/00 THE C'TY SECRETARY TO FOR- WARD A COPY OF THIS ORDI- NANCE TO THE TEXAS AIR CONTROL 90000; AND DE- CLARING AN EMERGENCY. WAS PASSED AND APPROVED by the Cily Council al the CI ly of Cornus Christi, during the Regular Council q held 5eolember 1, 1971, al 2:00 p. 2:00 p.m., and provides 1091 it shall alge effect from and oiler Its pas. sage ford and be rine en o( nol exceeding Two Hundred (£0500) Dollars. ISSUED UNDER MY HAND AND SEAL el the City of Corpus CI,1st', Texas, this 2nd day of September, 1971, (5)Citty Secretary (SEAL) Clly. of Corpus Christi, Texas •