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<br />..4a <br /> <br />-~ <br /> <br />_r. <br /> <br />e- <br /> <br />.". <br /> <br />. <br /> <br />. <br /> <br />ORDINANCE NO. <br /> <br />823 <br /> <br />AN ORDINANCE F~NDING THE PRESENCE OF PHOSGENE GAS, AN AIR <br />CONTAMINANT, PRESENT IN THE ATMOSPHERE OF THE CITY OF LA PORTE <br />ON SEVERAL OCCASIONS; AUTHORIZING THE CITY ATTORNEY OF THE CITY <br />OF LA PORTE TO JOIN THE CITY,OF LA PORTE AS A PARTY PLAINTIFF <br />IN AN INJUNCTION AND PENALTY SUIT TO BE INSTITUTED BY THE <br />ATTORNEY GENERAL OF THE STATE OF TEXAS FOR THE TEXAS AIR CONTROL <br />BOARD, AGAINST CHEMETRON CHEMICALS DIVISION OF CHEMETRON CORPORA- <br />TION; AUTHORIZING THE CITY OF LA PORTE'S PARTICIPATION AS A PARTY <br />PLAINTIFF IN SA~D SUIT; PETITIONING THE TEXAS AIR CONTROL BOARD <br />TO REQUEST THE TEXAS ATTORNEY GENERAL TO INSTITUTE SAID SUIT; <br />AND PROVIDING AN EFFECTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, <br />TEXAS, THAT: <br /> <br />Section 1. ,The City Commission of the City of La Porte <br /> <br />finds, determines and declares that on June 5, 1969; again on <br /> <br />June 9" 1969; and again on June 18, 1969, there was present in <br /> <br />the atmosphere of the City of La Porte, phosgene gas, an air <br /> <br />contaminant, in such concentration and of such duration as to <br /> <br />be injurious to and adversely affect humans, animal life, <br /> <br />vegetation and property,.. and to interfere with the normal use <br /> <br />and enjoyment of animal life, vegetation, and property. On <br /> <br />June 5, 1969, several residents of the City of La Porte were so <br /> <br />serious~y injured as to require medical treatment and hospitali- <br /> <br />zation from said undesirable level of air contaminants. <br /> <br />Section 4. That the Texas Air Control'Board and the <br /> <br />Stream and Air Pollution Control Section of the Harris County <br /> <br />Health Department, at the request of the City Commission of the <br /> <br />City of La Porte, have conducted a full investigation of the <br /> <br />source of the undesirable levels of air contaminants on the <br /> <br />above dates. As a result of said investigation, it is contem- <br /> <br />plated that the Texas Air Control Board will request the Attorney <br /> <br />Genera+ of the State of Texas to institute a civil action against <br /> <br />Chemetron Chemicals Division of Chemetron Corporation, in the <br /> <br />District Court of Harris County, Texas, for injunctive relief <br /> <br />to preVent any further violation of the "Clean Air Act of Texas, <br /> <br />1967," ,or for the assessment of a penalty of not less than Fifty <br />