HomeMy WebLinkAboutO-1969-823
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ORDINANCE NO.
823
AN ORDINANCE F~NDING THE PRESENCE OF PHOSGENE GAS, AN AIR
CONTAMINANT, PRESENT IN THE ATMOSPHERE OF THE CITY OF LA PORTE
ON SEVERAL OCCASIONS; AUTHORIZING THE CITY ATTORNEY OF THE CITY
OF LA PORTE TO JOIN THE CITY,OF LA PORTE AS A PARTY PLAINTIFF
IN AN INJUNCTION AND PENALTY SUIT TO BE INSTITUTED BY THE
ATTORNEY GENERAL OF THE STATE OF TEXAS FOR THE TEXAS AIR CONTROL
BOARD, AGAINST CHEMETRON CHEMICALS DIVISION OF CHEMETRON CORPORA-
TION; AUTHORIZING THE CITY OF LA PORTE'S PARTICIPATION AS A PARTY
PLAINTIFF IN SA~D SUIT; PETITIONING THE TEXAS AIR CONTROL BOARD
TO REQUEST THE TEXAS ATTORNEY GENERAL TO INSTITUTE SAID SUIT;
AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE,
TEXAS, THAT:
Section 1. ,The City Commission of the City of La Porte
finds, determines and declares that on June 5, 1969; again on
June 9" 1969; and again on June 18, 1969, there was present in
the atmosphere of the City of La Porte, phosgene gas, an air
contaminant, in such concentration and of such duration as to
be injurious to and adversely affect humans, animal life,
vegetation and property,.. and to interfere with the normal use
and enjoyment of animal life, vegetation, and property. On
June 5, 1969, several residents of the City of La Porte were so
serious~y injured as to require medical treatment and hospitali-
zation from said undesirable level of air contaminants.
Section 4. That the Texas Air Control'Board and the
Stream and Air Pollution Control Section of the Harris County
Health Department, at the request of the City Commission of the
City of La Porte, have conducted a full investigation of the
source of the undesirable levels of air contaminants on the
above dates. As a result of said investigation, it is contem-
plated that the Texas Air Control Board will request the Attorney
Genera+ of the State of Texas to institute a civil action against
Chemetron Chemicals Division of Chemetron Corporation, in the
District Court of Harris County, Texas, for injunctive relief
to preVent any further violation of the "Clean Air Act of Texas,
1967," ,or for the assessment of a penalty of not less than Fifty
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Ordinance No.
823
, Page 2.
Dollars ($50.00), nor more than One Thousand Dollars ($1,000.00)
per day for each day, such violation continues,.. as the said Harris
County District Court may deem proper, or for both injunctive
relief and penalty.
Section 3. Pursuant to the provisions of Section l3(D)
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of the "Clean Air Act of Texas, 1967" (Article 4477-5, Vernon's
Texas Civil Statutes), the City Commission of the City of
La Porte hereby authorizes the City Attorney of the City of
La Porte to join the City of La Porte as a party plaintiff in
any civil action instituted by .the Attorney General of the
State of Texas, on behalf of the Texas Air Control Board,
against the Chemetron Chemicals Division of Chemetron Corporation,
hereby granting;to' the City Attorney of the City of La Porte all
necessary authority to effect the City of La Porte's participation
as a party plaintiff in said suit, to sign any necessary pleadings
on behalf of the City of La Porte, and to do any and all acts
necessary to represent the City of La Porte's interest in said
suit, and to fully aid, assist, and cooperate with the Attorney
General of the State of Texas, the Texas Air Control Board, and
the Stream and Air Pollution Control Section of the Harris County
Health Department, and the County Attorney of Harris County, in
the prosecution of said civil action.
Section 4. Because of the clear and present danger to
the residents of La Porte and surrounding areas of further
discharge of phosgene gas into its atmosphere, the City Commission
of the City of La Porte urgently requests and petitions the
Honorable Texas Air Control Board to instruct the Attorney
General of Texas to institute immediate suit for injunctive
relief against the said Chemetron Chemicals Division of Chemetron
Corporation. The City of La Porte agrees to join in such suit
as a party plaintiff, and to give its full support and coopera-
tion in the conduct of said suit.
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Ordinance No.
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823
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PASSED AND APPROVED, this the 18th day of June, 1969.
ATTEST:
CITY
By:
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CJ.ty Cle~k
AP~ It! ~
City Attorney