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Ordinance No. 1,016l '1 ORDINANCE NO. 1016 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS, BY THE ADDITION OF A NEW CHAPTER, TO BE NUMBERED CHAPTER 24 1/2, AND TO BE ENTITLED "POLLUTION CONTROL ", PRESCRIBING A LOCAL REVIEW PROCEDURE WITH REGARD TO APPLICATIONS SUB- MITTED TO THE TEXAS AIR CONTROL BOARD FOR THE IS- SUANCE, AMENDMENT OR EXTENSION OF VARIANCES; PRO- VIDING THAT COPIES OF SUCH APPLICATIONS BE FILED WITH THE CITY CLERK; PROVIDING FOR PUBLIC HEARINGS WITH REGARD TO ALL SUCH APPLICATIONS; PROVIDING FOR THE PROCEDURE OF SUCH PUBLIC HEARINGS; PROVI- DING THAT A REPORT OF SUCH HEARINGS AND RECOMMEN- DATIONS OF THE CITY COUNCIL BE FORWARDED TO THE TEXAS AIR CONTROL BOARD; PROVIDING THAT THIS ORDI- NANCE 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 State 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 designated such board as the prin- cipal 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 recom- mendations to the Air Control Board concerning its granting or extension of variances; and WHEREAS, the City Council of the City of Baytown has determined that to protect and improve the quality of air in Baytown, the City must become more involved in the enforcement of the State Clean Air Act and orders of the Air Control Board; and WHEREAS, the City Council further finds and deter- mines that it can better exercise its authority under the said act, cooperate with the Air Control Board, and improve its capability of making recommendations to the Board by the institution of a local review procedure with regard to appli- cations submitted to the Board for the issuance, amendment or extension of variances; NOW THEREFORE, BAYTOWN: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1: That the Code of Ordinances of the City of Baytown, Texas, is hereby amended by adding a new chapter to be numbered Chapter 24 1/2, and to be entitled "Pollution Control ", and to contain sections which shall read as follows: Section 24 1/2 -1. Copies of variance applications to be submitted to the City Clerk. That from and after the effective date of this ordinance, any individual, corporation, or- ganization, business trust, partnership, asso- ciation, or any other legal entity seeking a variance from the Air Control Board, or seeking to amend or extend an existing variance, con- cerning a source within the corporate limits of the City of Baytown or within one of the City's Industrial Districts, shall file a du- plicate copy of its petition to the Board re- questing such action with the City Clerk simul- taneously with the submission of the petition to the Board. Section 24 1/2 -2. Public hearings; notice of hearings. The City Council 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 Baytown at least five (5) days prior to the hearing. Writ- ten notice of the hearing shall also be timely given by the City Clerk to the applicant. Section 24 1/2 -3. Method of conducting hearings; procedures; continuance of hear- ings; report of hearings and recommendations to be forwarded to the Air Control Board. Such hearings shall be held before the the City Council, or before a Council committee -2- . roll') and /or citizen's committee appointed and desig- nated by the City Council to hold such hearings. Any person may file with the City Council, or the Committee, as applicable, his comments or recom- mendations concerning the application, or appear in person with regard to the same. The City Sani- tarian and other interested agencies may be called upon to participate in the hearing. Applicants shall be encouraged to produce testimony, papers and /or documents relating to the justification of their applications. A hearing may be continued from time to time and from place to place without the necessity of publishing, serving, mailing or otherwise issuing a new notice. After having gathered all evidence presented at the hearing, the City Council, or the Committee, shall cause a summary report of the hearing to be prepared, and such report, together with the recommendations of the City Council, shall be forwarded to the Air Control Board. Section 2: No provision of this ordinance is in- tended 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 delegated to the Texas Air Control Board. All actions by the City Council shall be construed as being within its lawfully constituted authority under the said Act. Section 3: Savings Clause: If any provision, exception, 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 4: Effective Date: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown. -3- AMMY", 0 INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, on this 12th day of February, 1970. C. GLEN WALKER, 'Mayor ATTEST. .. ....... . .. E-NIA OLIVER, City Clerk APPROVED: WILLIAM R. LAUGHLIN, City At orne: