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Ord 708 Implement and Enforce the State Rule regarding Motor Vehicle Idling LimitationAN ORDINANCE OF THE TOWN OF WESTLAKE TO IMPLEMENT AND ENFORCE THE TEXAS STATE RULE ON LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS AND TO APPROVE ENTERING INTO A MEMORANDUM OF AGREEMENT WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TO ENFORCE THIS RULE LOCALLY. WHEREAS, the Dallas -Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and WHEREAS, the U.S. Environmental Protection Agency ("EPA") and the Texas Commission on Environmental Quality ("TCEQ") jointly have considered emission reductions to control air pollution from motor vehicles, and the Texas Legislature has created the Texas Clean Air Act ("Act"), which addresses that purpose; and WHEREAS, Section 382.113 of the Act provides authority for municipalities to enact and enforce local laws and ordinances for the control and abatement of air pollution; and WHEREAS, Locally Enforced Idling Restrictions is a Voluntary Mobile Source Emissions Reduction Program commitment in the Dallas -Fort Worth 8 -Hour Ozone Attainment Demonstration State Implementation Plan (SIP); and WHEREAS, the Town of Westlake desires to actively participate in improving the air quality of the region; and WHEREAS, the Town Council finds that the adoption of this ordinance serves a public purpose, and protects the health, safety, and welfare of the citizens of the Town of Westlake,_ by limiting the pollution created by motor vehicles unnecessarily idling within the town's jurisdiction; NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1: The Town Council endorses the TCEQ Idling Limitations Rule as published in the Texas Administration Code, Title 30, Part 1, Chapter 114, Subchapter J, Operational Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitation. SECTION 2: The Town Council approves the adoption and implementation of the TCEQ Idling Limitation Rule by reference. SECTION 3: The Town Council authorizes the Town Manager to execute a Memorandum of Agreement, attached hereto, with the TCEQ for the purposes of local enforcement of the Idling Limitation Rule in the Town of Westlake. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 708 Page 1 of 2 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance, since the same would have been enacted by the Town Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. ATTEST: Kelly'Edwar&, Town Secretary ,.. L rney Laura Wheat, Mayor ':74 Thomas E. Brym?r T wn Manager Ordinance 708 Page 2of2