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Ordinance No. 7724 ORDINANCE NO.__/ 1 _-� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOIJN, TEXAS, CREATING THE BAYTOWN AIR AND 144ATLR CONSERVATION BOARD; PROVIDING FOR ITS I'iEMBERSHIP, QUALIFICATIONS OF BOARD 1.1iE1.1BERS AND TLRI iS OF OFFICE,; PRESCRIBING THE AUTHORITY AND DUTI7:S OF SUCH BOARD; REPEALING ORDINANCES INCONSISTENT HERElITH, CONTAIN- ING A SAVINGS CLAUSE AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. JiE,REAS, the City of Baytown, Texas, has a number of streams and bodies of water in and near its corporate limits; and i'H EREAS, various industries are located in and near Bay- town; and P)HEREAS, it is essential for the general health and welfare of the citizens of this State and of this City that the atmos- phere and waters of this area remain as uncontaminated as possible; and HEREAS, the City Council and Baytown's Administration has expended much time and money to this end; and ikiEREAS, the City Council believes that an Advisory Board should be appointed to assist it and the Administration in the furtherance of this end; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU14CIL OF THL CITY OF BAYTOJN: Section 1: There is hereby created a nine - member Advisory Board which shall assist and advise the City Council in eliminat- ing and preventing further pollution of the atmosphere and public waters in and near the corporate limits of Baytown. Such Board shall be known as Baytown's Air and Jater Conservation Board and the Mayor and two City Councilmen shall be members of such Board. The remaining six members shall be appointed by the Mayor, subject to the approval of the City Council, and such members shall be qualified voters and residents of the City of Baytown. Of the original six members, three members shall be appointed for one year and three members shall be appointed for two years. There- after, three members shall be appointed during odd - numbered years % A and three members shall be appointed during even - numbered years. Such appointments to coincide with the terms served by the City Council members. If interim vacancies occur the Mayor shall ap- point a successor to serve the remainder of such term. Section 2: The Board may establish its own rules as to attendance of its members to its meetings and, in furtherance of such, the Board may, by a majority may, expel any member who, in the opinion of the Board, misses an unreasonable number of meet- ings. Section 3: The Board is hereby empowered to establish its own parliamentary procedure; provided that such shall not be in conflict with the City Charter or other provisions of law or the following: A quorum shall consist of a majority of the entire membership of the Board and any issue to be voted on shall be resolved by a majority of those present. The Chairman shall be entitled to vote upon any question, but shall have no veto power. Section 4: That said Board shall and is hereby charged with the responsibility and duty of making studies., compiling data and doing everything in its judgment that would be helpful to elimin- ate and prevent the further pollution of the atmosphere and public waters in and near the corporate limits of the City of Baytown. The Board is specifically empowered to investigate complaints and to investigate and study any discharge of pollutants into the pub- lic waters and /or atmosphere in or near the City of Baytown and to make recommendations to the City Council thereon. Section 5: All ordinances or parts of ordinances inconsis- tent with the terms of this ordinance are hereby repealed; pro- vided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the sub- ject matter covered by this ordinance. Section 6: if any provision, exception, section, subsection, paragraph, sentence, clause or phrase of this ordinance or the ap- plication of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalid- ity 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 ordinance are declared to be severable. Section 7: This ordinance shall take effect from and after its passage by the City Council. INTRODUCED, READ and P, "%SSED by the affirmative vote of the City Council of the City of Baytown, Texas, on this 27th day of January, 1966. Seaborn Cravey, t�ia or ATTEST: Edna Oliver, City Clerk APPROVED AS TO PORIS: 7 George,qhandler, City Attorney