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<br />. <br /> <br />e <br /> <br />ORDINANCE NO. <br /> <br />848 <br /> <br />. <br /> <br />AN ORDINANCE PRESCRIBING A LOCAL REVIEW PROCEDURE WITH REGARD <br />TO APPLICATIONS SUBMITTED TO THE TEXAS AIR CONTROL BOARD FOR <br />THE ISSUANCE, AMENDMENT OR EXTENSION OF VARIANCES~ PROVIDING <br />THAT COPIES OF SUCH APPLICATIONS BE FILED WITH THE CITY CLERK~ <br />PROVIDING FOR PUBLIC HEARINGS WITH REGARD TO ALL SUCH APPLICA- <br />TIONS; PROVIDING FOR THE PROCEDURE OF SUCH PUBLIC HEARINGS; <br />PROVIDING THAT A REPORT OF SUCH HEARINGS AND RECOMMENDATIONS <br />OF THE CITY COMMISSION BE FORWARDED TO THE TEXAS AIR CONTROL <br />BOARD~ PROVIDING THAT THIS ORDINANCE SHALL NOT BE CONSTRUED <br />AS BEING IN CONFLICT WITH ANY PROVISION OF THE TEXAS CLEAN AIR <br />ACT~ PROVIDING A SAVINGS CLAUSE~ AND PROVIDING FOR THE <br />EFFECTIVE DATE HEREOF. <br /> <br />WHEREAS, the Texas Legislature has adopted Article 4477-5, <br /> <br />V.T.C.S., known as the Texas Clean Air Act~ and <br /> <br />WHEREAS, the Texas Clean Air Act created the Texas Air <br /> <br />. <br /> <br />Control Board, and des~gnated such board as the principal <br />authority in the State on matters relating to the quality of <br /> <br />the air resources in and for the State~ and <br /> <br />WHEREAS, local governments are granted certain powers in <br /> <br />such Act, to include the authority to make recommendations to <br /> <br />the Air Control Board concerning its granting or extension of <br /> <br />variances~ and <br /> <br />WHEREAS, the City Commission of the City of La Porte has <br />determined that to protect and improve the quality of air in <br /> <br />La Porte, the City must becom~ more involved in the enforce- <br /> <br />ment of the Texas Clean Air Act and orders of the Texas Air <br /> <br />. <br /> <br />Control Board; and <br />WHEREAS, the City Commission further finds and determines <br /> <br />that it can better exercise its authority under the said act, <br /> <br />cooperate with the Texas Air Control Board, and improve its <br /> <br />capability of making recommendations to the Board by the <br /> <br />institution of a local review procedure with regard to applica- <br /> <br />tions submitted to the Board for the issuance, amendment or <br /> <br />extension of variances~ NOW, THEREFORE, <br /> <br />BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: <br /> <br />Section l. Copies of variance applications to be <br />submitted to the City Clerk. <br /> <br />- <br /> <br />That from and after the effective date of this ordinance, <br /> <br />any individual, corporation, organization, business trust, <br />partnership, association, or any other legal entity seeking a <br /> <br />o <br />