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HomeMy WebLinkAboutResolution - 111568G - Cooperative Agreement - City Of Slaton - Air Polution - 11_15_1968RESOLUTION WHEREAS, the Lubbock City -County Health Department has received from Department of Health, Education and Welfare, an Air Pollution Control Grant, under provisions of Public Law 90-148, the Clean Air Act; and WHEREAS, it is necessary to establish an enforcement program to inspect and prevent air pollution; and WHEREAS, such enforcement program requires the cooperation of local rnmental units within Lubbock County, NOW THEREFORE: IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and lirected to execute for and on behalf of the City of Lubbock a Cooperative Agree- nent, to be entered into with the City of Slaton and the County of Lubbock, which s attached hereto and which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this tesolution as if fully copied herein in detail. assed by the City Council this ISth da__ _r TTEST: Lowe, City Secretary -Treasurer PPROVED: red O. Senter, Jr., City rney COOPERATIVE AGREEMENT THE STATE OF TEXAS I COUNTY OF LUBBOCK Y WHEREAS, under the provisions of Article 4477-5, Vernon's Civil Statutes of Texas, cities and counties of the State of Texas have the power to perform air pollution inspections and to enforce the state law and such other rules and regulations as may be adopted pursuant to law where the Federal Government or the State Government has not acted to abate air pollution; WHEREAS, under the provisions of Section 13 of said Article 4477-5, the Clean Air Act of Texas, 1967, concerning the making of agreements between local governments for the abatement of air pollution, local govern- ments (defined in Section 13 as cities or counties) have all the powers of the Texas Air Control Board; WHEREAS, under the provisions of Article 4447a, V. C. S. , counties and cities are permitted by law to create a city -county health district with the powers set out in such statutes. WHEREAS, by agreement dated November 8, 1951, a city -county health unit with the name and title of "Lubbock City -County Health Department" was created pursuant to agreement; and WHEREAS, said agreement authorized "Lubbock City -County Health Department" to do and perform all public health activities of the department within the boundaries of the City of Lubbock, City of Slaton, and the County of Lubbock and further provides for a full-time director and staff which will be in complete charge of all public health activities for the "Lubbock City - County Health Department; WITNESSETH: This contract and agreement by and between the City of Lubbock, Texas, and the City of Slaton, Texas, hereinafter referred to as "Cities", and the County of Lubbock, hereinafter referred to as "County", witnesseth: 1. Under the provisions of Article 4447a, Vernon's Civil Statutes of Texas, City and County have organized a city -county health unit, and such a program also includes air pollution inspections, investigations for the purpose of enforcement, and the gene duties of providing studies, data and a plan for air quality managment. This contract is made pursuant to authority contained in Section 13 (E), of the Clean Air Act of Texas, 1967, (Article 4477-5, V. C. S.) so as to assure a program calculated to prevent and control air pollution by assuring adequate enforcement procedures. 2. The City -County Health Unit shall transmit all results of its investiga- tions and copies of its data to both the City of Lubbock, the City of Slaton and the County of Lubbock under this agreement. 3. Either the cities or county may call upon the City -County Health Unit for additional investigations and shall have the right to inspect the records and obtain the data thus obtained as a result of this county -city health unit operation. 4. Where suits appear to be necessary, the City of Lubbock and the City of Slaton agrees to assume primary responsibility for initiating such suits as to violations within their corporate limits. Primary responsi- bility for initiating suits as to violations in Lubbock County outside the corporate limits of the City of Lubbock shall be with the County Attorney of Lubbock County, Texas. The designations of primary responsibility for suits in this agreement does not preclude suits by the county or cities wherever same appear to be necessary. This paragraph is designed to assure that enforcement procedures as a result of work done through the City -County Health Unit will receive prompt attention and rigid enforcement. 5. In cases where suit is brought under the Clean Air Act of Texas, 1967, a copy of the investigation reports, names of witnesses and other data will be forwarded to the Attorney General of Texas at the time suit is filed so that the Texas Air Control Board can have an opportunity to evaluate the - 2 - suit and determine its position as a necessary party under Section 13 (D) of the said Clean Air Act of Texas, 1967. Forwarding of this c report shall not delay the filing of suit. 6. All necessary applications shall be made by the City -County Health Unit to the appropriate Federal agencies under Public Law 90-148 (81 Stat 485), or other appropriate Federal laws, for proper funding of the said area air control agency. 7. The monies contributed by the signatory parties to this agreement (the cities and the county) shall be in the proportions set forth in the Federal Grant Application for Development, Continuation of Grant 69A-4703-RE which is incorporated herein and made a part of this contract. In the event of dissolution of the City -County Health Unit as a governmental district created under Article 4447a V. C. S, ", property shall be divided among the municipalities in accordance with such contributions hereto- fore made in the Federal Grant, as amended from time to time. 8. The City -County Health Unit shall be charged with enforcing the Texas Air Control Board rules and regulations. In those areas of air pollution wherein the State of Texas, through its Texas Air Control Board has not adopted rules, the parties hereto agree that the City of Lubbock and the City of Slaton shall consider such ordinances relating to air pollution as in the opinion of the Cities and Lubbock City -County Health District may be deemed appropriate. - 3 - EXECUTED THIS DAY OF 1968. ATTEST- _ L venia -Lowe, }ty Secretary APPROVED: red O. Senter, Jr., City t ey ATTEST: City Secretary CITY OF SLATON BY/ /.Ja�.� . . YOR COUNTY OF LUBBOCK Lubbock County Commissioners Court By _ Ia COUNTY JUDGE 4 -