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HomeMy WebLinkAbout12148 ORD - 06/19/1974.TRR:hb:7 /2/74:2nd ' • AN ORDINANCE DECLARING THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO OBTAIN EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING UNLAWFUL EMPLOYMENT PRACTICES; PROVIDING CERTAIN EMIP- TIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FOR- BIDDING INTIMIDATION; CONTAINING A SEVERANCE CLAUSE: PROVIDING A PENALTY; .AND', PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section I. Declaration of Policy (A) It is hereby declared to be the policy of the City of Corpus Christi to bring about through fair, orderly and lawful procedures, the opportunity for each person to obtain employment without regard to race, color, religion, sex, or national origin. (B) It is further declared that this policy is grounded upon a recognition of the inalienable rights of each individual to work to earn wages and obtain a share of the wealth of this city through gainful employ- ment; and further that the denial of such rights through considerations based upon race, color, religion, sex, or national origin is detrimental to the health, safety and welfare of the inhabitants of the City of Corpus Christi and constitutes an unjust denial or deprivation of such inalienable rights which is within the power and the proper responsibility of government to prevent. Section 2. General Definitions (A) "Commission" means the City of Corpus Christi Human Relations Commission; (B) "Administrator" means the Administrator of the Human Relations Commission or his authorized assistant. (C) "Member" means a member of the Commission; (D) "Person" includes an individual, association, corporation, joint apprenticeship committee, joint -stock company, labor union, legal representative, mutual company, partnership, receiver, trust, trustee, unincorporated organization, or any other legal or commercial entity, including the City of Corpus Christi. 12148 Section 3. Discrimination in Employment: Definitions (A) For the purposes of this Ordinance 1. The term "employer" means a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Govern - went of the United States, an Indian tribe; or (2) a bona fide private membership club (other than a labor organization) which is exeot from taxation under section 501(c) of the Internal Revenue Code of 1954. 2. "Employment" shall not include the employment of indivi- duals in domestic service. 3. The term "employment agency" shall mean any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. 4. The term "labor organization" means a labor organization and any agent of such an organization, and includes any organization of any kind, any agency, or employee repre- sentation committee, group, association, or plan so engaged in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or System board, or joint council so engaged which is subordinate to a national or international labor organization. 5. The term "employee" means an individual employed by an employer! "employee' shall not include any person elected -2- to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policymaking level or an immediate advisor with respect to the exercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. (B) It shall be an unlawful employment practice, except where based upon applicable national security regulations established by the United States, by the State of Texas, or by any political subdivision of the State having jurisdiction in the City of Corpus Christi for an employer: (1) To fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin; or (2) To limit, segregate, or classify his employees or appli- cants for employment in any way whi&.. would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual's race, color, religion, sex, or national origin. (C) It shall be an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of his race, color, religion, sex, or national origin, or to classify or refer for employment any individual on the basis of his race, color, religion, sex, or national origin. (D) It shall be an unlawful employment practice for a labor organi- zation: (1) To exclude or to expel from its membership, or otherwise to discriminate against, any individual because of his -3- s • race, color, religion, sex, or national origin; (2) To limit, segregate, or classify its membership, or applicants for membership or to classify or fail or refuse to refer for employment any individual, in any way which would deprive or tend to deprive any individual of employ- ment opportunities, or would limit such employment oppor- tunities or otherwise adversely affect his status as an employee or as an applicant for employment, because of such individual's race, color, religion, sex, or national origin; or (3) To cause or attempt to cause an employer to discriminate against an individual in violation of this section. (E) It shall be an unlawful employment practice for any employer, labor organization, or joint labor - management committee controlling appren- ticeship or other training or retraining, including on -the -job training pro- gram to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training. (F) Notwithstanding any other provision of this ordinance, (1) It shall not be an unlawful employment practice for an employer to hire and employ employees, for an employment agency to classify, or refer for employment any indivi- dual, for a labor organization to classify its membership or to classify or refer for employment any individual, or for an employer, labor organization, or joint labor - management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin in those certain instances where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise, and -4- (2) It shall not be an unlawful employment practice for a school, college, university, or other educational institu- Lion or institution of learning to hire and employ employees of a particular religion if such school, college, univer- sity, or other educational institution or institution of learning is, in whole or in substantial part, owned, supported, controlled, or managed by a particular religion or by a particular religious corporation, association, or society, or if the curriculum of such school, college, university, or other educational institution or institu- tion of learning is directed toward the propagation of a particular religion. (G) It shall not be an unlawful employment practice for an employer to apply different standards of compensation, or different terms, conditions, or privileges of employment pursuant to a bona fide seniority or merit system, or a system which measures earnings by quantity or quality of production,-or, to employees who work in different locations, provided that such differences are not the result of an intention to discriminate because of race, color, religion, sex, or national origin, nor shall it be an unlawful employment prac- tice for an employer to differentiate upon the basis of sex or national origin. (H) It shall be an unlawful employment practice for an employer, labor organization, employment agency, or joint labor- management committee controlling apprenticeship or other training or retraining, including on- the -job training programs, to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employ- ment by such an employment agency, or relating to admission to, or employ- ment in, any program established to provide apprenticeship or other training by such a joint labor - management committee indicating any preference, limita- tion, specification, or discrimination,based on race, color, religion, sex, or national origin, except that such a notice or advertisement may indicate -5- • • a preference, limitation, specification, or discrimination based on religion, sex, or national origin when religion, sex, or national origin is a bona fide occupational qualification for employment. (I) It shall be an unlawful employment practice for an employer to discriminate against any of his employees or applicants for employment, for an employment agency, or joint labor - management committee controlling apprenticeship or other training or retraining, including on -the -job training programs, to discriminate against any individual, or for a labor organization to discriminate against any member thereof or applicant for membership, because he has opposed any practice made an unlawful employment practice by this ordinance, or because he has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this ordinance. (J) It shall be unlawful for any person, whether or not an employer', employment agency or labor organization, to aid, incite, compel, coerce, or participate in the doing of any act declared to be an unlawful employment practice by this ordinance, or to obstruct or prevent any person from enforcing or complying with the provisions of this ordinance or any rule, regulation or order of the Commission, or to attempt directly or indirectly to commit any act declared by this ordinance to be an unlawful employment prac- tice. I (K) Nothing contained in this ordinance shall be interpreted to require any employer, employment agency, labor organization, or joint labor- management: committee subject to this ordinance to grant preferential treatment to any individual or to any group because of the race, color, religion, sex, or national origin of such individual or group on account of an imbalance which may exist with respect to the total number or percentage of persons of any race, color, religion, sex, or national origin employed by any employer, referred, or classified for employment by any employment agency or labor organization, admitted to membership or classified by any labor organization, or admitted to, or employed in, any apprenticeship or other training program, in comparison with the total number or percentage of persons of such race, color, religion, sex, or -6- national origin within the City, or in the available work force within the City. However, it is not a discriminatory practice for a person subject to this ordinance to adopt and carry out an affirmative action plan to eliminate or reduce imbalance with respect to race, color, religion, sex or national origin, if the plan has been filed with the Commission or any other appropriate agency. Section 4. Procedure Investigation and Conciliation. A -1. Whenever a charge is filed by or on behalf of an aggrieved person alleging that an employer, employment agency, labor organization, or joint labor - management committee controlling apprenticeship or other training or retraining, including on- the -job training programs, has engaged in an unlawful employment practice, the Commission shall cause a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) to be served by a designated member or by the Administrator on such employer, employment agency, labor organization or joint labor- management committee (hereinafter referred to as the "respondent ") within 10 days. An investigation of the charge shall be made by a designated member, the Administrator, or both, as the Commission shall direct. The report of investigation results and recommendations shall be filed with the Commission by said designated investigator(s) at such time(s) as the Commission directs. A charge under this section must be filed within not more than 180 days after the alleged unlawful employ- ment practice occurred. The investigation shall, if possible, include "meet and confer" procedure. A -2. Said charges shall be in writing under oath or affirm- ation and shall contain such information and be in such form as the Commission requires. Charges shall not be made public by the Commission. A -3. If said designated investigator(s) determine after such investigation that there is not reasonable cause to believe that the charge is true, the Commission shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. Within 10 days from the receipt of such notice, the complainant, or his attorney, may file with the Commission a request for review and the Commission shall provide the complainant and his attorney an oppor- tunity to appear before the Commission, a designated member thereof, or the Administrator, for hearing. Upon final adjournment of such hearing the designated member or Administrator, as hearing officer, small promptly file a report of the hearing with the Commission. After thus reviewing the hearing report the Commission may reverse or modify the report find- ing, but if the hearing report determines that there is no basis for the allegation the dismissal of the complaint shall be affirmed and there shall be no further review by the Commission of such decision. A -4. If the aforesaid investigation determines that there is reasonable cause to believe that the charge is true, the Commission or the investigator(s) shall endeavor to eliminate any such alleged unlaw- ful employment practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or be used as evidence in a subsequent proceeding without the written consent of the persons concerned. All determinations shall be made on reasonable cause and as promptly as possible. B-1. Public Hearing. In any case of failure to eliminate the unlawful practice charged in the complaint by means of aforesaid informal proceedings, or in advance thereof, if, in the judgment of the Commission the facts so warrant, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed, or, without holding such a hearing, refer the case to the appropriate office of the Equal Employment opportunity Commission. B-2. Where a public hearing is ordered, the respondent shall have the right to file an answer to the statement of charges, to appear at the hearing in person or to be represented by an attorney, or, sub- ject to the approval of the hearing officer or panel, by any other person, and to examine and cross - examine witnesses. The complainant shall also have the right to be represented by an attorney, or subject to the approval of the hearing officer or panel, by any other person. -8- The Commission shall not be bound by the strict rules of evidence pre- vailing in a court of law or equity. The testimony, taken at the hearing, shall be under oath and shall be transcribed. Provided that no formal action by the Commission shall be taken in any matter pending before it except upon the affirmative vote of the majority of the members making up the whole Commission. B-3. Where a public hearing is ordered, any member of the Commission who had theretofore been designated to investigate the initial complaint shall not preside at the hearing or participate in a subsequent deliberation of the Commission in deciding the case. B -4. Where a public hearing is ordered, if upon all evidence presented, the Commission finds that the respondent has not engaged in any unlawful practice, it shall state its findings of fact in writing and dismiss the complaint. If upon all the evidence presented, the Commission finds that the respondent has engaged or is engaging in an unlawful practice, it shall state its findings of fact in writing and shall issue such order in writing as the facts warrant to effectuate the purpose of this ordinance. Section 5. Enforcement A -1. The powers exercised by the City, the Commission, its officers and employees, insofar as not deraigned from the laws of the State of Texas and the City Charter, are derived by virtue of contract with the Equal Employment Opportunity Commission. In connection with any investigation of a charge filed under this ordinance, the Commission or its designated representative shall at all reasonable times have access to, for the purposes of examination, and the right to copy any evidence of any person being investigated or pro- ceeded against that relates to unlawful employment practices covered by this ordinance and is relevant to the charge under investigation. A -2. Every employer, employment agency, and labor organization subject to this ordinance shall: (1) Make and keep such records relevant to the deter- minations of whether unlawful employment practices -9- .. r C 0 have been or are being committed; (2) Preserve such records for such periods; and, (3) Make such reports therefrom as the Commission shall prescribe by regulation or order, after public hearing, as reasonable, necessary, or appropriate for the enforcement of this ordinance or the regulations or orders thereunder. A -3. In prescribing requirements pursuant to subsection A -2 of this section, the Commission shall consult with other interested State and Federal agencies and shall endeavor to coordinate its requirements with those adopted by such agencies. B-1. In any case in which an employer, employment agency, or labor organization fails to comply with the Commission's request for in- spection of records during investigation, the Commission will refer the complaint to the appropriate office of the Equal Employment Opportunity Commission. B-2. In the event the respondent fails or refuses to comply with any order of the Commission or violates any of the provisions of this ordinance, the Commission shall certify the case and the entire record of its proceedings to the City Attorney who shall invoke the aid of an appropriate court to secure enforcement or compliance with the order or to impose the penalties set forth in Section 6 or both. Section 6. Penalties Any person who shall violate any provisions of this ordinance or any rule or regulation authorized thereunder and adopted by the Commission shall be subject to a fine of not more than Two Hundred ($200.00) Dollars for each violation. Section 7. Affirmative Action Plane No City contract, or portion thereof, with any employer, shall be denied, withheld, terminated, or suspended, by the City of Corpus Christi under any Equal Employment Opportunity Law or Order, where such employer has an Affirmative Action Plan which has been accepted by the City for the same facility within the past 12 months without first according such -10- employer full hearing and adjudication under the following provisions: (1) Provided that if such employer has deviated sub- stantially from such previously agreed to affirm- ative action plan, this section shall not apply. (2) Provided further, that for the purposes of this ordinance, an affirmative action plan shall be deemed to have been accepted by the City unless within 45 days after submission of such plan to the City the Human Relations Commission has disapproved such plan. Section 8. Severability If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. Section 9. Publication Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance, stating in substance the purpose of the ordinance. • • 1 :. , . • i 7 . That the foregoing ordinance was read for a first time anO passed to its second reading on this the ay of 19, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark That the foregoing ordin ce was read f �thhe c ond time an passed to its third reading on this theo3�`�ay of 19� by the following vote: Jason Luby� James T. Acuff Rev. Harold T. Branchc Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. J. Howard Stark That the forego ng ordinance was read for the third time and passed finally on this the day of 19, by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. • J. Howard Stark gg -� l/ PASSED AND APPROVED, this the JJ��— d of ATTEST: a 141, )S$% tY secrdtary MA THE CITY OF CORPUS CHRISTI, TEXAS APPROVED: t� DAY OF,7 i, 19°]/! : P�i� && City Attorney EXEC, ASST. 0RR:jkh:7 -2 -74; 1st / MOTION �A A,,d L made the motion and seconded the motion that the ordinance declaring the p icy of the City to be in furtherance of the right of each individual to obtain employment without regard to race, color, religion, sex or national origin, read on the first two of three readings on June 19, 1974 and June 26, 1974, be and the same is hereby amended prior to its third and final reading as follows: 1. Amend Section 3, Subsection (K), by amending the first two lines on the top of page 7 by adding the word "with" between the words "national origin" and "in the "; by changing the words "community, or other area," to the word "city" in the first line; by changing the words "in the community, or other area" in the second line to the words "within the city," the amended wording to hereafter read as follows: "national origin within the city, or in the available work force within the city." 2. Amend Section 4, Procedure, by adding the subheading as follows: "Investigation and Conciliation." Amending said Section 4 further by deleting the words "or a designated member or through the Administrator shall serve ", as the same appear in lines 5 and 6, and in lieu thereof, adding the words "shall cause ";adding.the words "to be served by a designated member or by the Administrator"following the parenthetical phrase in lines 6 and 7 thereof and before the words "on such employer, employment agency, "; deleting the words "and shall make an investigation thereof" in line 9, following the words "within 10 days." End the first sentence with the words "within 10 days" in line 9 and add the following sentences: "An investigation of the charge shall be made by a designated member, the Administrator, or boty, as the Commission shall direct. The report of investigation results and recommendations shall be filed with the Commission by said designated investigator(s) at such time(s) as the Commission directs." Add to the last sentence of said Subsection A -1 the word "must" in lieu of "shall" after the word "section" and before the words "be filed "; adding the words "not more than" following the word "within" and before the words "180 days ". Add a new sentence to the end of saud Subsection A -1 the following sentence: "The investigation shall, if possible, include 'meet and confer' procedure." The said Subsection A -1 to hereafter read as follows: "A -1. Whenever a charge is filed by or on behalf of an aggrieved person alleging that an employer, employment agency, labor organization, or joint labor - management committee controlling apprenticeship or other training or retraining, including on- the -job training programs, has engaged in an unlawful employment practice, the Commission shall cause a notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) to be served by a designated member or by the Administrator on such employer, employment agency, labor organization or joint labor - management committee (hereinafter referred to as the 'respondent') within 10 days. An investigation of the charge shall be made by a designated member, the Adminis- trator, or both, as the Commission shall direct. The report of investigation results and recommendations shall be filed with the Commission by said designated investigator(s) at such time(s) as the Commission directs. A.charge under this section must be filed within not more than 180 days after the alleged unlawful employment practice occurred. The investigation shall, if possible, include 'meet and confer' procedure. 3. Amend Subsection A -3 of Section 4, Procedure, as follows: In the first sentence, following the first word, "If ", delete the words "the Commission or a designated member or through the Administrator ", and in lieu thereof add the following words following the word "If ": "said designated investigator(s) determine "; -in the third line, delete the word "it" following the words "charge is true ", and before the words "shall dismiss "; in the eighth line, following the words "Commission, a" add the word "designated" before the words "member thereof, "; in the eighth line, following the word "or ", delete the words "a staff representative of the Commission." In lieu thereof, add the following words: "the Administrator, for hearing." Add another sentence at this point, before the sentence beginning on line 8 with the word "After ", said new sentence to read as follows: "Upon final adjournment of such hearing the designated member or Administrator, as hearing officer, shall promptly file a report of the hearing with the Commission." In line 9, delete the first three words, "such a review" and adding the words, "thus reviewing the hearing report; adding in line 9 following the words "Commission may reverse" the words "or modify the report finding but "; deleting from line 9 the words "its decision, or" following the words "may reverse" and before the words "if the "; deleting the last -2- two wards in line 9 reading "Commission or" and in lieu thereof adding the words "hearing report "; deleting the first two words in line 10, reading "its representative ". Said Subsection A -3 to hereafter read as follows: "A -3. If said designated investigator(s) determine after such investigation that there is not reasonable cause to believe that the charge is true, the Commission shall dismiss the charge and promptly notify the person claiming to be aggrieved and the respondent of its action. Within 10 days from the receipt of such notice, the complainant, or his attorney, may file with the Commission a request for review and the Commission shall provide the complainant and his attorney an opportunity to appear before the Commission, a designated member thereof, or the Administrator, for hearing. Upon final adjournment of such hearing the designated member or Administrator, as hearing officer, shall promptly file a report of the Baring with the Commission. After thus reviewing the hearing report the Commission may reverse or modify the report finding, but if the hearing report determines that there is no basis--For the allegation-the dismissal of the complaint shall•be affirmed and there shall be no further review by the Commission of such decision." 4. Amend Subsection A-4 by deleting the first line, at the top of page 8,-extending onto line 2 through the words "after such" before the word "investigation "; adding the word "determines" following the word "investigation" and before the words "that there is "; deleting thei words commencing at the end of line three and extending into line four, reading' as follows: "a designated member or through the Administrator" and in lieu thereof adding the words following the words "the Commission or" aid before the words "shall endeavor ": "the investigator(s) "; deleting from line 9, commencing with the sentence beginning with "The Commission" through the words "shall make its" in line 10; adding the words "shall be made" following the word "determinations" and before "on reasonable cause" and adding the word "and" following "reasonable cause" and before "as promptly as possible." Said Subsection A -4 to hereafter read as follows: "A -4. If the aforesaid investigation determines that there is reasonable cause to believe that the charge is true, the Commission or the investigator(s) shall endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and -3- persuasion. Nothing said or done during and as a part of such informal endeavors may be made public by the Commission, its officers or employees, or be used as evidence in a subsequent proceeding without the written consent of the persons concerned. All determinations shall be made on reasonable cause and as promptly as possible." 5. Adding the words "Public Hearing as heading following the numbering of.Subsection B -1. Add to line 2, following the words "by means of" and before the words "informal proceedings" the word "aforesaid; deleting the clause beginning on line 3 and following onto line 4 reading as follows: ", a designated member or through the Administrator, ". Said Subsection B -1 to hereafter read as follows: "B -1. Public Hearing. "In any case of failure to eliminate the unlawful practice charged in'the complaint by means of aforesaid informal proceedings, or in advance thereof, if, in the judgment of the Commission the facts so warrant, the Commission may hold a public hearing to determine whether or not an unlawful practice has been committed, or, without holding such a hearing, eertif* refer the case to the appropriate office of the Equal Employment Opportunity Commission." 6. Adding the words ".officer -or" following the words "of the hearing "-and before the word "panel" in line 4; adding-the words "officer or" following the word "hearing" and before the word "panel" in line 6. 7. Adding to Section 5, Enforcement, a new paragraph preceding the present paragraph commencing with the heading. "A -1." Said new paragraph to read as follows: "The powers exercised by the City, the Commission, its officers and employees, insofar as not deraigned from the laws of the State of Texas and the City Charter, are derived by virtue of contract with the Equal Employment Opportunity Commission." 8. In Subsection B -2, the fourth line, delete the wording "Legal Department of the City" and in lieu thereof adding the following: "City Attorney ". 9. In Section 6,Penalties, deleting from the second line the words "pertaining thereto" and in lieu thereof adding the words "authorized thereunder and "; adding to the end of said Section 6 the following: "for each violation." Said Section 6 to hereafter read as follows: =I "Section 6. Penalties Any person who shall violate any provisions of this ordinance or any rule or regulation authorized thereunder and adopted by the Commission shall be subject to a fine of not more than Two Hundred ($200.00) Dollars for each violation." 10. In Section 7, Affirmative Action Plans, Subsection (2), deleting the word "thereafter" following the words "within 45 days" and before the words "the Human Relations Commission ", said Subsection (2) to hereafter read as follows: "(2) Provided further, that for the purposes of this ordinance, an affirmative action plan shall be deemed to have been accepted by the City unless within 45 days after submission of such plan to the City the Human Relations Commission has disapproved such plan." 11. Adding Section 9, Publication, to read as follows: "Section 9. Publication Publication shall be made one time in the official publication of the City of Corpus Christi, by publishing the caption of this ordinance, stating in substance the purpose of the ordinance." 12. Deleting from the caption the words "PROVIDING AN EFFECTIVE DATE.° PUBLISHER'S AFFIDAVIT STATE OF TEXAS, County of Nueces. Before me, the undersigned, a Notary Public, this day personally came ..........___....._..__.._... .-RA ... 13.1&02 ........................................ - who being first duly sworn, according to law, says that he is the -91AMa Ad.r ... of the Corpus Christi Caller and The Corpus Christi Times, Daily Newspapers published at Corpus ChristL Texas, in said County and State, and that the publication of of which the annexed is a true copy, was published in . . .. . ........ on the-q--.— day of ........ July 19.14, ....... I .. . . . ...... —.Times. R. Baker, Claea. Ad. 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