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HomeMy WebLinkAboutORD 69-53ORDINANCE NO. ENTITLED AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF BEAUMONT TO EXECUTE ON BEHALF OF THE CITY OF.BEAUMONT, TEXAS AN AGREEMENT ESTABLISHING ENFORCEMENT PROCEDURES AND RESPONSIBILITIES IN CONNECTION WITH THE AIR POLLUTION CONTROL GRANT FROM THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE TO THE- JEFFERSON HEJEFFERSON COUNTY HEALTH DEPARTMENT. WHEREAS, the Jefferson County Health Department has applied to the Department of Health, Education and Welfare for an Air Pollution Control grant under the provisions of the clean air act.Public Law 90-148; and, WHEREAS, it is necessary to establish a co-ordinated enforcement procedure under applicable local, state and Federal laws to assure a program to prevent arr-0 control air pollution, and said procedure is set out in the attached agreement to be signed by the City of Beaumont and the County of Jefferson in the State of Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEA.UMONT: l.- That : That James D. McNicholas, Mayor of the City Qf Beaumont, Texas, is hereby authorized to sign on behalf of the City of Beaumont, the attached agreement, which is incorporated herein and made a part hereof as if set out in full at this point. 2. Executed copies of this agreement shall be forwarded to the appropriate state and Federal'agenc`ies'for their files in connection with the Air Pollution Grant to the Jefferson County Health Department. PASSED by the City Council and approved by the Mayor this 15th day of July, 1969. CITY OF BEAUMONT ATTEST: James D. 1 City Clerk APPROVED AS TO FORM: City Attorney ctio1as, Mayor M THE STATE OF TEXAS COUNTY OF JEFFERSON K 4 WHEREAS, under the provisions of Article 4477-5, Vernon's Civil Statutes of Texas, a copy of which is attached hereto, cities and counties of the State of Texas have the power to enforce the state law and such rules and regulations as may be adopted , pursuant to law where the Federal Government or the State Government has not acted to abate air pollution; WHEREAS, under the provisions of Section 13 of said Article 4477-5, the Clean Air Act of Texas, 1967, concerning the making of agreements between local governments for the abatement of air pollution, local governments (defined in Section 13 as cities or counties) have all the powers of the Texas Air Control Board: W I T N E S S E T H This contract and agreement by and between the cities of Jefferson County not heretofore referred to for other health department activities, but made a part of this contract, herein- after referred'to as "Cities", and the County of Jefferson, herein- after referred to as "County", witnesseth; i. Under the provisions of Article 4447a, Vernons Civil Statutes of Texas, the County has organized a county health department, and such a program includes air pollution inspections, investigations for the purpose of enforcement, and the general. duties of providing studies, data and a plan for air quality management. --_� This contract is made pursuant to authority contained in Section 13(E), of the Clean Air Act of Texas, 1967, (Article 4477-5, V.C.S.) so as to assure a program calculated to prevent and control air pollution by assuring adequate enforcement procedures. 2. The County Health Department shall transmit all H results of its .investigations and copies of its data to Cities in Jefferson County and the County of Jefferson under this agreement. k 3. Either of the cities or county -may call upon the County Health Unit for additional investigations and shall have the right to inspect the records and obtain the data thus obtained as a result of th..s County Health Unit operation. 4. Where suits appear to be necessary, the Cities of Jefferson County agree to assume primary responsibility for initiating such suits as to violations within their corporate limits. Primary responsibility�ifor__inzt?ating suits as to violations in Jefferson County outside the corporate limits of the Cities shall be with the County Attorney of Jefferson County, Texas. The designations of primary responsibility for suits in,this agreement does not preclude suits by the County or City wherever same appear to be necessary. This paragraph is designed to assure that enforcement procedures as a result of work done through the County Health Department will receive prompt attention and rigid enforcement. 5, In cases where suit is brought under the Clean Air Act of Texas, 1967., a copy of the investigation reports, names of witnesses and other data will be forwarded to the Attorney General of Texas at the time suit is filed so that the Texas Air Control Board can have an oppor- tunity to evaluate the suit and determine its position as a necessary party under Section 13(D)'of the said Clean Air Act of Texas, 1967. Forwarding of this report 21 stall not delay the filing of suit. 6. All necessary applications shall be made by the County Health Department to the appropriate Federal agencies under Public Law 90-148 (81 Stat 485), or other appro- priate Federal laws, for proper funding of the said area air control.agency. 7. The County Health Department shall be charged with enforcing the Texas Air Control Board rules and regu- lations. In those areas of air pollution wherein. the State of Texas, through its Texas Air Control Board has not adopted rules, the parties hereto agree that the dities in Jefferson County shall consider such ordinances relating to air pollution as in the opinion of the Jefferson County Health Department may be deemed appro- priate. EXECUTED THIS day of Jve- ATTEST: ATTEST: County Cierk, Jet erson County, Texas CITY OF iayor JEFFERSON COUNTY COMMISSIONERS' COURT County Judge G 3