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
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results of its .investigations and copies of its data
to Cities in Jefferson County and the County of
Jefferson under this agreement.
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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
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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
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