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HomeMy WebLinkAbout10461 RES - 09/15/1971JRR:JKH :8 -30-71 • • A RESOLUTION ADOPTING THE POWERS AND AUTHORITIES AFFORDED THE CITY OF CORPUS CH 'I Tl, T AS TO ENFORCE AND IMPLE- MENT WITHIN THE ,e "t*.." OF THE CITY OF f - i • 7/ CORPUS CHRISTI THE PROVISIONS OF ARTICLE 7621D -1, V.A.C.S., TEXAS (62ND LEGISLATURE, REGULAR SESSION, CHAPTER 58, SEC. 21.254), AND PARTICULARLY BUT NOT LIMITED TO SUBCHAPTER D, PROHIBITION AGAINST POLLU- TION: ENFORCEMENT, AND SUBCHAPTER E, AUTHORITY OF LOCAL GOVERNMENTS, IN THE MANNER AND METHODS THEREIN PROVIDED; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY. WHEREAS, IT IS THE FINDING OF THE COUNCIL, THE GOVERNING BODY, OF THE CITY OF CORPUS CHRISTI, TEXAS THAT UNLAWFUL DISCHARGE OF EFFLUENTS IN AND POLLUTION OF PUBLIC WATERS HAS OCCURRED, DOES, AND SHALL CONTINUE TO OCCUR, WITHIN THE JURISDICTION OF THE CITY; AND WHEREAS, IT IS THE FINDING OF THE SAID COUNCIL THAT IT 15 IMPERA- TIVE FOR THE PROTECTION OF THE PUBLIC HEALTH, SAFETY AND WELFARE THAT SUCH UNLAWFUL DISCHARGE AND POLLUTION BE CURTAILED AND BE PREVENTED AND THAT CIVIL PENALTIES FOR SUCH UNLAWFUL DISCHARGES AND POLLUTION BE LEVIED AGAINST OFFENDING PERSONS AND/OR RESTRAINT, INTERLOCUTORY, TEMPORARY AND/OR PERMA- NENT, BE OBTAINED AND ENFORCED FOR THE BENEFIT OF THE INHABITANTS OF THIS CITY AND FOR THE PUBLIC INTEREST; AND WHEREAS, IT IS THE FINDING OF THE SAID COUNCIL THAT THE ADOPTION OF THIS RESOLUTION OF THE ENFORCEMENT AND OTHER POWERS CONFIDED TO LOCAL GOVERNMENTS BY ART. 7621D -1, V.A.C.S., TEXAS (62ND LEGISLATURE, REGULAR SESSION, CHAPTER 58, SEC. 21.254), INCLUDING BUT NOT LIMITED TO SUBCHAPTERS D AND E THEREOF, ESPECIALLY SEC. 4.03( A) (SEC. 21.254(A) 62ND LEGISLATURE, REGULAR SESSION, CHAPTER 58), OF SUBCHAPTER D, WILL EFFECT AND IMPLEMENT CORRECTION AS HERETOFORE STATED OF THE UNLAWFUL DISCHARGES AND POLLUTION IN PUBLIC WATERS WITHIN THE CITY'S JURISDICTION: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. ALL POWERS AND AUTHORITIES EXERCISABLE BY THE CITY OF CORPUS CHRISTI, TEXAS,A LOCAL GOVERNMENT, UNDER ARTICLE 7621D -1, V.A.C.S., TEXAS (62ND LEGISLATURE, REGULAR SESSION, CHAPTER 58, SEC. 21.254), INCLUD- ING BUT NOT LIMITED TO SUBCHAPTER D, PROHIBITION AGAINST POLLUTION; ENFORCEMENT, AND ESPECIALLY, BUT WITHOUT LIMITATION, ENFORCEMENT BY OTHERS, 10461 • SEC. 4.03(A) THEREOF, AND SEC. 4.04(A), (B), (c), (B), AM (F), ARE HEREBY ADOPTED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE CITY. SECTION 2. ALL POWERS AND AUTHORITIES EXERCISABLE BY THE CITY OF CORPUS CHRISTI, TEXAS, A LOCAL GOVERNMENT, UNDER ARTICLE 7621D -1, V.A.C.S., TEXAS, INCLUDING BUT NOT LIMITED TO SUBCHAPTER E, AUTHORITY OF LOCAL GOVERNMENTS, AND ESPECIALLY, BUT WITHOUT LIMITATION, SECTIONS 5.01, 5.02, 5.03, 5.04, AND 5.05 THEREOF, ARE HEREBY ADOPTED BY THE CITY COUNCIL, THE GOVERNING BODY OF THE CITY. SECTION 3. THIS RESOLUTION SHALL BE PUBLISHED AS REQUIRED BY THE APPLICABLE ORDINANCES AND CHARTER OF THE CITY. SECTION 4. 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. • • THAT THE FOREGOING ORDINANCE WAS READ FO / T FI' T TIME AND PASSED TO ITS SECOND READING ON THIS THE ,Lt OF .�4;i ,' /� 19 7` BY THE FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK THAT THE FOREGOING ORDIN NC WAS READ TO ITS THIRD READING ON THIS THE OF FOLLOWING VOTE: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK COND TIME AND PASSED 197/ , BY THE THAT THE FOREGOING ORDINA ,%E WS RED FOR THE THIRD TIME AND PASSED 197/ BY THE FOLLOWING VOTE: FINALLY ON THIS THE DAY OF ATTEST: RONNIE SIZEMORE CHARLES A. BONNIWELL ROBERTO BOSQUEZ REV. HAROLD T. BRANCH THOMAS V. GONZALES GABE LOZANO, SR. J. HOWARD STARK PASSED AND APPROVED, THIS THE AIIILDAY OF ITY SE APPROVED: R'- DAY CITJI ATTORNEY MAYOR THE CITY OF CORPUS 19 7/ . ISTI, TEXAS PUBLISHER'S AFFIDAVIT STATE OF TEXAS, Lis: County of Nueces. J 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 _C..3. 1fild.. Aagsr 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. - NQtice of passage of ree_glutinn.No, 104.4.1 opting the powers & authorities afforded city to enforce and implement -- against pollution--- - of which the annexed is a true copy, was published in iha.. T mes_ on the.2.l.$tc day of g.OBttI -bar 1973 andbnee eaeln therestfter far -__ _ - -. —_. ° oommeutime. • -��-- ^___Times �.... 6.60 - - -- Leland • Subscribed and sworn to before me this 21st day of Louise Vick 19_..1.._ tary Public, Nueces County, exas !EIMeLUTION NO. 10461 ING THE POWERS M/0 AU HORITIES AFFORDED THE CITY kt—OrI9X33-A-ff F CORPUS CHRISTI TEXAS Td NFORCE AND IMPLEMENT' ITHIN THE JURISDICTION 0 HE CITY OF CORPUS CHRISTI THE PROVISIONS OF ARTICL 7621E1.1, V. A. C. S., TEXAS (62ND LEGISLATURE, REGULAR SES SION, CHAPTER 52, SEC. 21.254) AND PARTICULARLY .BUT NO LIMITED TO SUBCHAPTER O PROHIBITION AGAINST POLLU TION; ENFORCEMENT, AND SUB CHAPTER E, AUTHORITY OF LO- CAL GOVERNMENTS; IN THE MANNER AND METHODS THERE- IN PROVIDED; PROVIDING FOR PUBLICATION; PROVIDING SW. ERASILITY. WAS PASSED AND APPROVED by the Clty Council of the Clty of Corpus Christi, during the Regular Council Meeting held September 15, 1971, 01 2100 P.m., and provides that It shall lake effect from and Mier Its pas. sage and publIcallon, and Thal a pen. ally for vialolion shall be a fine of not exceeding Two Hundred (5200.001 ISSU. ISSUED UNDER MC HAND AND EAL of the C11y 01 Carpus Dylan, exas. }his 161-11 day at September, 911, T. RAY KRING, CIIy Secretor CITY of Carpus CnNHI, Tex• {