HomeMy WebLinkAbout11515 RES - 06/13/1973JRR /HG /Mc 5/15/73 1ST
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RESOLUTION
AUTHORIZING THE CITY ATTORNEY TO PURSUE THE REMEDIES
AVAILABLE TO THE CITY UNDER ARTICLE 4477 -5, V- .A.C.S.,
TEXAS CLEAN AIR ACT, FOR THE PREVENTION OF VIOLATIONS
OF SAID AIR CONTROL ACT, ALL IN ACCORDANCE WITH
ORDINANCE 140. 9635, PASSED AND APPROVED BY THE CITY
COUNCIL ON THE 4TH DAY OF FEBRUARY, 1970; DIRECTING
THE CITY SECRETARY TO FURNISH A COPY OF THIS RESOLU-
TION TO THE AIR CONTROL BOARD AND ATTORNEY GENERAL;
PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY.
WHEREAS, ARTICLE 4477 -5, V.A.C.S., CLEAN AIR ACT OF TEXAS,
AUTHORIZES LOCAL GOVERNMENTS TO INSTITUTE SUITS FOR INJUNTIVE RELIEF OR CIVIL
PENALTIES TO PREVENT A VIOLATION OR THREAT OF VIOLATION OF THE CLEAN AIR ACT
BY SUIT INSTITUTED BY THE LOCAL GOVERNMENTS OWN ATTORNEY UPON THE GOVERNING
BODY'S AUTHORIZATION OF THE EXERCISE OF SUCH POWER BY RESOLUTION; AND
WHEREAS, ORDINANCE NO. 9635, PASSED AND APPROVED BY THE CITY
COUNCIL ON FEBRUARY 4, 1970 ADOPTS THE RULES AND REGULATIONS OF THE
TEXAS AIR CONTROL BOARD AND AUTHORIZES THE AFOREMENTIONED INJUNCTIVE RELIEF
UPON PROPER RESOLUTION BY THE CITY COUNCIL; AND
WHEREAS, ORDINANCE NO. 1o445 ADOPTS THE COMPLETE RULES AND REGULA-
TIONS OF THE TEXAS AIR CONTROL BOARD AND THE CLEAN AIR ACT OF TEXAS, ARTICLE
41477 -5, V.A.C.S.; AND
WHEREAS, IN ORDER TO PROTECT THE QUALITY OF- THE AIR OF THE CITY,
IT IS NECESSARY FOR THE APPROPRIATE ENFORCEMENT ACTION TO BE TAKEN BY THE CITY:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI:
SECTION 1. THAT THE CITY ATTORNEY OF THE CITY OF CORPUS CHRISTI,
WITHOUT REGARD TO PROSECUTIONS IN MUNICIPAL COURT, BE AND IS HEREBY AUTHORIZED
TO SEEK INJUNCTIVE RELIEF TO PREVENT ANY VIOLATION OR THREAT OF VIOLATION OF
THE AFOREMENTIONED ARTICLE 4477 -5, V.A.C.S., OI TO SEEK CIVIL PENALTIES IN
THE AMOUNT OF NOT LESS THAN $50 NOR MORE THAN $1,000 PER DAY FOR EACH DAY SUCH
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VIOLATION CONTINUES, AS THE COURT MAY DEEM PROPER, 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 ATTORNCY GENERAL OF TEXAS OR SUCH OTHER LEGAL
STAFF AS TI1E TEXAS AIR CONTROL BOARD MAY DEEM APPROPRIATE. S't4
11515
JRR /HG /Mc 5/11/73 1ST
SECTION Z. THAT THE CITY SECRETARY IS HEREBY DIRECTED TO FURNISH
A COPY OF THIS ORDINANCE TO THE EXECUTIVE SECRETARY, TEXAS AIR CONTROL BOARD,
AUSTIN, TEXAS, AND TO THE ATTORNEY GENERAL OF THE STATE OF TEXAS.
SECTION 3. PUBLICATION SHALL BE MADE ONE TIME IN THE OFFICIAL
PUBLICATION OF THE CITY OF CORPUS CHRISTI WHICH PUBLICATION SHALL CONTAIN THE
CAPTION STATING THE PURPOSE OF THIS RESOLUTION.
SECTION 4. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVISION,
CLAUSE, PHRASES WORD, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID
IT SHALL NOT AFFECT ANY VALID PROVISION OF THIS OR ANY OTHER RESOLUTION OF
THE CITY OF CORPUS CHRIST12 TO WHICH THESE RULES AND REGULATIONS RELATE.
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TIIAT THE FOREGOING ORDINANCE WAS READ F{{{ppp�a FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS THE, DAY Of , 19.7 _, 13Y THE
FOLLOWING VOTE:
BONNIE SIZEMORE
CHARLES A. BONNIWELL
ROBERTO BOSoUEZ, M.D.
REV. HAROLD T. BRANCH
T11014AS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE SECOND TIME AI4D PASSED
TO ITS THIRD READING ON THIS THE 6-.tg,, DAY OF a,eeiv�s , j9 7, BY THE
FOLLOWING NOSE.
-RON N- HE�- ZEMORE
C- HAi?L- cS-- AZ— BOAlN1 -HEL -I
- RBeeRTo- Bosonez; M -D. �—UF --
. (U1
REV. HAROLD T. BRANCH
THOMAS V. GONZALES
GABE LOZANO, SR.
J. HOWARD STARK
THAT THE FOREGOING ORDINANCE WAS READ FOR THE THIRD TIME AND PASSED
FINALLY ON THIS THE DAY OF ` , 19 7 �-, BY THE FOLLOWING VOTE:
RONN°I-E-- &I- ZE MORE- LL.t7JL�
E+FAibL- ES- A•. --80N N -1 -WE LL
V� -^-�•� �4Y �0' RoBER- TO- BosaeEz-,—M:D-.
/J REV. HAROLD T. BRANCH
THOMAS V. GONZALES Q„CgfL�
U
GAGE LOZANO, SR.
J. HOWARD STARK
PASSED AND APPROVED, THIS THE /-q.f5C-DAY of
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THE CITY OF CORPUS CIIPSTI, TEXAS
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'PUBLISHER'S AFFIDAVIT.'''
STATE OF TEXAS, t
County of Nueces.
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Before me, the undersigned, a Notary Public, this day personally came ... ...............................
- Richard- _D. - - -F3 XSi .�X3 ......... ... ....... . . .... who being first duly sworn, according to law, says that he is the
_QIfAhA. ... �di!.... MBX:. ........ ... ..... ....................... 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
Ln;-ai.- - ... 4 ...PaamaF�e of- ..ar.c1inarice ... n 11�.7.� -------------------------------------------------
of which the annexed is a true copy, was published in .............................. TIAlU ...................................
.._._..._ -..
on the.1.9th day of ........... June .... ...............19.7.3.., aKC[1)93W= X31&......................... -, JaNICUUMAW ............................
C;51 8tlim .......................... ...............................
...... ....1 ....................Times.
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Richard D. Hardin Class, dv. Mrzr.
Subscribed and sworn to before me this . - -- ..21st... - -d y a- •• -- ••- •--- ••-- -....\ -...- 3.Louise Viek 1L cG�
otary Public, Nueces County, Texas