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HomeMy WebLinkAboutO-1970-848 . e ORDINANCE NO. 848 . AN ORDINANCE PRESCRIBING A LOCAL REVIEW PROCEDURE WITH REGARD TO APPLICATIONS SUBMITTED TO THE TEXAS AIR CONTROL BOARD FOR THE ISSUANCE, AMENDMENT OR EXTENSION OF VARIANCES~ PROVIDING THAT COPIES OF SUCH APPLICATIONS BE FILED WITH THE CITY CLERK~ PROVIDING FOR PUBLIC HEARINGS WITH REGARD TO ALL SUCH APPLICA- TIONS; PROVIDING FOR THE PROCEDURE OF SUCH PUBLIC HEARINGS; PROVIDING THAT A REPORT OF SUCH HEARINGS AND RECOMMENDATIONS OF THE CITY COMMISSION BE FORWARDED TO THE TEXAS AIR CONTROL BOARD~ PROVIDING THAT THIS ORDINANCE SHALL NOT BE CONSTRUED AS BEING IN CONFLICT WITH ANY PROVISION OF THE TEXAS CLEAN AIR ACT~ PROVIDING A SAVINGS CLAUSE~ AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the Texas Legislature has adopted Article 4477-5, V.T.C.S., known as the Texas Clean Air Act~ and WHEREAS, the Texas Clean Air Act created the Texas Air . Control Board, and des~gnated such board as the principal authority in the State on matters relating to the quality of the air resources in and for the State~ and WHEREAS, local governments are granted certain powers in such Act, to include the authority to make recommendations to the Air Control Board concerning its granting or extension of variances~ and WHEREAS, the City Commission of the City of La Porte has determined that to protect and improve the quality of air in La Porte, the City must becom~ more involved in the enforce- ment of the Texas Clean Air Act and orders of the Texas Air . Control Board; and WHEREAS, the City Commission further finds and determines that it can better exercise its authority under the said act, cooperate with the Texas Air Control Board, and improve its capability of making recommendations to the Board by the institution of a local review procedure with regard to applica- tions submitted to the Board for the issuance, amendment or extension of variances~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE: Section l. Copies of variance applications to be submitted to the City Clerk. - That from and after the effective date of this ordinance, any individual, corporation, organization, business trust, partnership, association, or any other legal entity seeking a o . . 848 ,Page 2. Ordinance No. . variance from the Texas Air Control Board, or seeking to amend or extend an existing variance, concerning a source within the corporate limits of the City of La Porte or within one of the City's Industrial Districts, shall file a duplicate copy of its petition to the Board requesting such action with the City Clerk simultaneously with the submission of the petition to the Board. Section 2. Public hearings~notice of hearings. The City Commission shall cause a public hearing to be held concerning such a petition within twenty (20) days from the receipt of the copy of same. The City Clerk is directed . to post a notice of any such hearing on the City Hall bulletin board, and further to cause a notice of such hearing to be published in the official newspaper of the City of La Porte at least five (5) days prior to the hearing. Written notice of the hearing shall also be timely given by the City Clerk to the applicant. Section 3. Method of conducting hearings; procedures~ continuance of hearings~ report of hear~ngs and recommendations to be forwarded to the Texas Air Control Board. Such hearings shall be held before the City Commission. Any person may file with the City Commission, his comments or . recommendations concerning the application, or appear in person with r~gard to the same. The City Sanitarian and other interested officers and agencies may be called upon to participate in the hearing. Applicants are encouraged to produce testimony, papers and documents relating to the justi- fication of their applications. A hearing may be continued from time to time and from place to place without the neces- sity of publishing, serving, mailing or otherwise issuing a new notice. After having gathered all evidence presented at the hearing, the City Commission shall cause a summary report . of the hearing to be prepared, and such report, together with the recommendations of the City Commission, shall be forwarded to the Texas Air Control Board. . . Ordinance No. 848, Page 3. '. Section 4. No provision of this ordinance is intended nor shall be construed to be in conflict with any provision of the Texas Clean Air Act, nor is it intended that any provision of this ordinance usurp any power or authority exclusively dele- gated to the Texas Air Control Board. All actions by the City Commission shall be construed as being within its lawfully con- stituted authority under the said Act. Section 5. Saving Clause If any provision, ex.ception" section, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or set of circumstances, shall for any reason . be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end, all provisions of this ordi- nance are declared to be severable. Section 6. Effective Date This ordinance shall take effect immediately upon its pas- sage and approval. PASSED and APPROVED, this the 2nd day of March, 1970. ""l!~ '.:1 CITY OF LA PORTE . By ~ ATTEST :', ~~~/~ C~t erk ~;U~ C1ty Attorney ~ ,~.