HomeMy WebLinkAbout09858 ORD - 07/29/1970JKH:7 -27 -70
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AN ORDINANCE
AMENDING ORDINANCE 9797, CITY OF CORPUS CHRISTI,
PASSED BY THE CITY COUNCIL JUNE 17, 1970, BY ADDING
SUBSECTION (3)A IN SECTION 28A -2, DEFINITION OF TERMS;
AMENDING SECTION 28A -6, MINIMUM STANDARDS, SUBSECTIONS
(1), (2), (3), (6), AND (12); BY AMENDING SECTIONS
28A -8, ADMINISTRATIVE APPEAL; 28A -4, APPLICATION FOR
PERMIT, SUBSECTION (4) AND SUBSECTION (11); AND SECTION
28A -9, APPEAL TO THE CITY COUNCIL; PROVIDING FOR SEVER -
ABILITY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. THAT ORDINANCE 9797, HERETOFORE PASSED BY THE CITY
COUNCIL ON JUNE 17, 1970, BE AMENDED, AND THE SAME IS HEREBY AMENDED, BY
THE ADDITION THERETO OF SUBSECTION (3)A IN SECTION 28A -2, SAID SUBSECTION
TO READ AS FOLLOWS:
"(3)A 'SHOP COURSE' SHALL MEAN A COURSE OF INSTRUCTION IN ONE
OF THE MANUAL ARTS OR INDUSTRIAL ARTS, SOMETIMES CALLED A
fSKILL', INCLUDING BUT NOT LIMITED TO WELDING, METALWORKING,
WOODWORKING, AUTOMOTIVE MECHANICS, APPLIANCE SERVICING AND
REPAIR."
SECTION 2. THAT SAID ORDINANCE 9797 BE AMENDED, AND THE SAME IS
HEREBY AMENDED, BY THE AMENDMENT OF SECTION 28A -6, SUBSECTIONS (1), (2),
(3), (6), AND (12), TO READ AS FOLLOWS:
"(1) THAT THE SCHOOL APPLYING FOR A PERMIT IS IN SOLVENT CONDI-
TION;
(2) THAT THE SCHOOL HAS PRESENTLY AVAILABLE, OF QUALITY AND
KIND CUSTOMARY FOR THE TYPE OF SCHOOLING PROPOSED, SPACE,
EQUIPMENT AND INSTRUCTIONAL MATERIALS TO TRAIN THE NUMBER
OF STUDENTS PROPOSED TO BE ENROLLED IN THE COURSE THAT
ARE ADVERTISED AND SCHEDULED;
(3) (A) THAT, FOR EACH SHOP COURSE OFFERED BY A SCHOOL, THERE
SHALL BE NOT LESS THAN ONE QUALIFIED TEACHER OR INSTRUCTOR
FOR EACH CLASS OF TWENTY (20) STUDENTS, OR LESS; PROVIDED,
HOWEVER, THAT WHENEVER SUCH TEACHER OR INSTRUCTOR IS
ASSISTED BY AN ADULT AIDE, WORKING IN HIS PRESENCE IN THE
CLASS, SUCH CLASS MAY INCLUDE NOT MORE THAN THIRTY (30)
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STUDENTS. A NON —SHOP COURSE SHALL HAVE A RATIO OF NOT
LESS THAN ONE TEACHER TO THIRTY (30) STUDENTS.
(B) DURING THE CONDUCT OF A CLASS THE TEACHER OR IN-
STRUCTOR IN CHARGE SHALL HAVE FULL VISIBILITY OF THE
ENTIRE CLASSROOM AND THE CLASSROOM SHALL BE ARRANGED
TO AFFORD SUCH VISIBILITY.
(C) EVERY SCHOOL INSTRUCTOR SHALL POSSESS THE TRAINING,
BY EDUCATION AND /OR EXPERIENCE, CUSTOMARY FOR TEACHERS
OF THE COURSE HE PROFESSES AND FOR WHICH HE IS ASSIGNED
BY THE SCHOOL.
(6) THAT THE PREMISES AND CONDITIONS UNDER WHICH THE
STUDENTS WORK OR STUDY SHALL BE SANITARY, HEALTHFUL AND
SAFE ACCORDING TO THE STANDARDS REQUIRED BY THE HEALTH
DEPARTMENT OF THE CITY OF CORPUS CHRISTI AND OF THE
STATE OF TEXAS AND BY THE FIRE PREVENTION CODE OF THE
CITY OF CORPUS CHRISTI;
(12) SUCH OTHER REASONABLE STANDARDS AS THE CITY
SECRETARY MAY PROMULGATE AND PUBLISH, AND WHICH ARE
ADOPTED BY ORDINANCE OF THE CITY COUNCIL, AFTER NOTICE
TO THE AFFECTED SCHOOLS AND A REASONABLE TIME ALLOWED
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FOR COMPLIANCE.
SECTION 3. THAT SAID ORDINANCE 9797 BE AMENDED, AND THE SAME
IS HEREBY AMENDED, BY THE AMENDMENT OF SECTION 28A -8 THEREOF TO READ AS
FOLLOWS:
"SECTION 28A-8. ADMINISTRATIVE APPEAL:
SHOULD THE APPLICANT BE DISSATISFIED WITH THE DENIAL OF
THE PERMIT BY THE CITY SECRETARY, APPLICANT SHALL WITHIN
SEVEN (7) DAYS AFTER RECEIPT OF NOTICE, FILE WITH THE CITY
SECRETARY OF THE CITY OF CORPUS CHRISTI, A REQUEST FOR AN
ADMINISTRATIVE HEARING BEFORE THE CITY SECRETARY ON SAID
DENIAL, WHICH OFFICER SHALL, WITHIN FIVE (Jr) DAYS AFTER
THE RECEIPT OF SAID NOTICE, SET A TIME AND PLACE FOR SAID
ADMINISTRATIVE HEARING ON THE DENIAL. SAID HEARING SHALL
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BE HELD WITHIN TWENTY -ONE (21) DAYS FROM THE RECEIPT
OF THE REQUEST FOR A HEARING. AT SAID ADMINISTRATIVE
HEARINGS THE APPLICANT MAY APPEAR IN PERSON OR BY COUNSEL
AND PRESENT EVIDENCE TO THE CITY SECRETARY IN SUPPORT OF
THE GRANTING OF THE PERMIT SPECIFIED HEREIN. THE CITY
SECRETARY, UPON HIS REQUESTS SHALL BE FURNISHED COUNSEL BY
THE CITY LEGAL DEPARTMENT. ALL INTERESTED PERSONS MAY
ALSO APPEAR AND PRESENT ORAL AND DOCUMENTARY EVIDENCE TO
THE CITY SECRETARY CONCERNING THE ISSUANCE OF A PERMIT TO
THE APPLICANTS AND ALL PARTIES SHALL HAVE THE RIGHT TO
CROSS- EXAMINE. THE CITY SECRETARY SHALL WITHIN SEVEN (7)
DAYS ISSUE AN ORDER GRANTING OR DENYING A PERMIT FOR THE
OPERATION OF A PROPRIETARY SCHOOL IN THE CITY OF CORPUS
CHRISTI AND STATING THE REASONS THEREFOR."
SECTION 4. THAT SAID ORDINANCE 9797 BE AMENDED AND THE SAME
IS HEREBY AMENDED BY THE AMENDMENT OF SECTION 28A -4 (4) TO READ AS
FOLLOWS: 1,
°(4) A CURRENT BALANCE SHEET OF THE SCHOOLS CERTIFIED BY
A CERTIFIED PUBLIC ACCOUNTANT ;".
SECTION 5. THAT ORDINANCE 9797 BE AMENDED, AND THE SAME IS
HEREBY AMENDED BY AMENDING 28A -4 (11), THE LAST PARAGRAPH THEREOF, TO
READ AS FOLLOWS:
"IN THE CASE OF OFFICE AND CLERICAL PERSONNEL, THE OWNER
MAY SUBMIT AN AFFIDAVIT SETTING FORTH THE ABOVE INFORMATION CONCERNING
ALL CLERICAL AND OFFICE PERSONNEL, WHICH INFORMATION SHALL BE BASED UPON
THE OWNERS INVESTIGATION AND KNOWLEDGE. INFORMATION SUBMITTED TO THE
CITY SECRETARY PURSUANT TO SECTION 28AA (11) SHALL NOT BE OPEN TO
PUBLIC INSPECTION."
SECTION 6. THAT SAID ORDINANCE 9797 BE AMENDED, AND THE SAME
IS HEREBY AMENDED BY THE AMENDMENT OF SECTION 28A -9 TO READ AS FOLLOWS:
"SECTION 28A -9. APPEAL TO THE CITY COUNCIL:
IF THE APPLICANT FOR A PERMIT UNDER THIS ARTICLE IS DIS-
SATISFIED WITH THE ORDER OF FINDING OF THE CITY SECRETARY
AFTER AN ADMINISTRATIVE HEARING BEFORE THE CITY SECRETARYp
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HE SHALL HAVE THE RIGHT TO APPEAL TO THE CITY COUNCIL BY
FILING A WRITTEN NOTICE OF SUCH APPEAL WITH THE CITY SECRE-
TARY WITHIN TEN (10) DAYS AFTER RECEIPT OF THE NOTICE THAT
HIS PERMIT HAS BEEN DENIED OR REVOKED. UPON THE FILING OF
SUCH NOTICE OF APPEAL, THE APPLICATION FOR SAID PERMIT AND ALL
PAPERS POSSESSED BY THE CITY SECRETARY IN CONNECTION WITH
SUCH APPLICATION AND SUCH PERMIT SHALL BE DELIVERED TO THE
CITY COUNCIL AND SUCH MATTERS AS MAY BE IN CONTROVERSY SHALL
BE HEARD BY THE COUNCIL WITHIN FOURTEEN (14) DAYS AFTER RECEIPT
OF NOTICE OF APPEAL AND THE COUNCIL SHALL, WITHIN TEN DAYS
THEREAFTER, AFFIRM, REVERSE OR MODIFY THE ORDER OF THE CITY
SECRETARY. THE PARTIES MAY APPEAR IN PERSON OR BY ATTORNEY,
PRESENT EVIDENCE, AND HAVE THE RIGHT OF CROSS - EXAMINATION."
SECTION 7. IF FOR ANY REASON ANY SECTION, PARAGRAPH, SUBDIVI-
SION, CLAUSE, PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID,
IT SHALL NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF
THE CITY OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 8. THE NECESSITY TO IMMEDIATELY AMEND ORDINANCE 9797
AS HEREINABOVE PROVIDED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE
PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO
ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRO-
DUCTION AND THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE
SEVERAL MEETINGS OF THE CITY COUNCIL, AND THE MAYOR HAVING DECLARED THAT
SUCH EMERGENCY AND NECESSITY EXIST, AND HAVING REQUESTED THE SUSPENSION
OF THE CHARTER RULE, AND THAT THIS ORDINANCE BE PASSED FINALLY ON THE
DATE OF ITS INTRODUCTION AND TAKE EFFECT AND BE IN FULL FORCE AND EFFECT
FROM LAND AFTER ITS PASSAGE, IT IS ACCORDIN3LY SO ORDAINED, THIS THE
DAY OF JULY, 1970.
ATTEST:
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CVrY SECR TA
THE CITY OF CORPUS CHRISTI, TEXAS
APPROVED:
DAY OF JULY, 1970:
A ING CITY ATTOR
Corpus Christi, Texas
Ju day of , 1976
TO THE NEIMERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing
ordinance, a public emergency and imperative necessity exist for the suspen-
sion of the Charter rule or requirement that no ordinance or resolution shall
be passed finally on the date it is introduced, and that such ordinance or
resolution shall be read at three meetings of the City Council; I, therefore,
request that you suspend said Charter rule or requirement and pass this ordi-
nance finally on the date it is introduced, or at the present meeting of the
City Council.
Respectfully,
R
THE CITY OF CORPUS CHRISTI, TEXAS
The Charter rule was suspended by the following vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. "Dick"Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. "Wrangler" Roberts
Ronnie Sizemore
The above ordinance was passed by the followi vote:
Jack R. Blackmon
Gabe Lozano, Sr.
V. A. 'Dick" Bradley, Jr.
Eduardo E. de Ases
Ken McDaniel
W. J. ''Wrangler" Roberts�i�v
Ronnie Sizemore
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PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueces. Iss
Before me, the undersigned, a Notary Public, this day personally came........_.
_J!Wand who being first duly sworn, according to law, says that he is the
—Z1sAz3 i3 of the Corpus Christi Caller and The Corpus Christi Times,
Daffy Newspapers published at Corpus Christi, Texas, in said County and State, and that the publication of
Lee OF PASSAGE OF PRPI
. _NAME No 2$ _.
of which the annexed is a true copy, was published in
on the.—...6 day of .....
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Adv. Mgr.
Subscribed and sworn to before me tlds_._.._7__
Louise Vick otary Public, Nueces County, _
Texas
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