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HomeMy WebLinkAbout09858 ORD - 07/29/1970JKH:7 -27 -70 i • 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) 19851 0 1 .. 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 n 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 -2- 0 0 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 -3- • 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: ` � I 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 j Y 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 ..... $ ...... Adv. Mgr. Subscribed and sworn to before me tlds_._.._7__ Louise Vick otary Public, Nueces County, _ Texas l-