HomeMy WebLinkAboutReference Agenda City Council - 01/11/2005
11 :45 A.M. - Book Drive kick-off to collect books for the Half-Pint Library located in Driscoll
Children's Hospital
Recognition of City Employees' efforts during the December 24-25, 2004 snow event
"At Your Service Award", City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
CITY HALL. COUNCIL CHAMBERS
1201 LEOPARD
JANUARY 11, 2005
10:00 A.M. - to :0L/.-
PUBLIC NOTICE. THE USE OF CELLULAR PHONES AND SOUND ACT/VA TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end
of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name
and addre$s. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your
subject, please present it to the City Secretary.
Si Usted desea dirigirse al Concilio y cree que su ingles es Iimitado, habr8 un interprete ingles-espanol en todas las juntas
del Concilio para ayudarle.
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-880-3105) at least 48 hours in advance so that appropriate arrangements can be
made.
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A. ','1.ayor Samuel L. Neal, Jr. to call the meeting to order. e----
B. Invocation to be given by Pastor Buddy Murphrey, South crest Baptist Church. ----..--
C. Pledge of Allegiance to the Flag of the United States. - ~~-tt-
D. City Secretary Armando Chapa to call the roll of the required Charter Officers.
Mayor Samuel L. Neal, Jr.
Mayor Pro Tern Bill Kelly
Council Members:
Brent Chesney
Javier Colmenero
Melody Cooper
Henry Garrett
Rex Kinnison
Jesse Noyola
Mark Scott
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City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
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E. MINUTES:
1. Approval of Regular Meeting of December 21, 2004. (Attachment #1) ~
Agenda
Regular Council Meeting
January 11, 2005
Page 2
F. BOARDS & COMMITTEE APPOINTMENTS: (NONE)
G. EXPLANATION OF COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. If deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; or may modify the action specified.
A motion to reconsider may be made at this meeting of a vote at the
last regular, or a subsequent special meeting; such agendas are
incorporated herein for reconsideration and action on any reconsidered
item.
H.
REGULAR AGENDA
CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES:
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2.a. Motion to amend prior to Second Readin e Ordinance
amending Sec. 23-74, Smoking Prohi .. ns, by revising the
language in Sec. 23-74(b) by ins . g a reference to existing
subsection (2) of Sec. 23-74 ollowed by an ellipsis; inserting
a reference to existing section (4) of Sec. 23-74(b); deleting
the subsection he . g, entitled "Bowling lanes' from Sec. 23-
7 4(b)(4) and replacing it with the subsection heading "Billiard halls
and bOWling alleys;" and inserting the words "to billiard halls and"
blitwe'€'n "apply' and "to' in Sec. 23-74(b)(4). (Attachment #2)
2.b. Second Reading Ordinance - Amending the Code of Ordinances,
Section 23-74, Smoking Prohibitions, Subsection (b)(1)(e), by
revising the language; amending Subsection (b )(4) by revising the
language; and establishing an effective date. (First Reading
12/14/04) (Attachment #2)
3. Motion to amend the 2004-2005 City of Corpus Christi Legislative
Program by amending Section XII Efficient Administration by
adding a new Section h, under Actively Support to read as
follows: (Attachment #3)
H.
CONSOLIDATION OF LOCAL GOVERNMENTAL
FUNCTIONS AND ACTIVITIES: The City supports the
consolidation of local governmental functions -where
possible and the joint provision of local governmental
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
January 11, 2005
Page 3
services through the maximum use of interlocal contracts
for service provision where possible, both with the goal of
reducing governmental cost and providing governmental
services in the most efficient manner possible.
and renumber the following section accordingly.
4.a. Ordinance authorizing the City Manager or his designee to
execute a Short Term Lease Agreement with Amarillo Sports
Services, Inc. doing business as Game Time Food and Beverage
Services, Inc. for the operation of food and beverage concession
at the Corpus Christi International Airport in consideration of
payment of a minimum rental fee and percentage rent,
commencing upon the later of the date of award by the City
Council or February 1, 2005 for a period not to exceed one year.
(Attachment #4)
4.b. First Reading Ordinance - Authorizing the City Manager or his
"'), designee to eXecute a Long-Term Lease Agreement with Amarillo
Sports Services, Inc. doing business as Game Time Food and
Beverage Services, Inc. for the operation of a food and beverage
concession at the Corpus Christi International Airport in
consideration of payment of a minimum rental fee and a
percentage rent for a term of ten years with a five year option to
renew upon agreed terms. (Attachment #4)
5.
Motion authorizing the City Manager or his designee to execute
a construction contract with Ramos Industries, Inc. of Pasadena,
Texas in the amount of $3,009,625 for the Lindale/Chenoweth
Subdivision Drainage Improvements, Phase 1 Part "N for the
Base Bid and Additive Alternate No.1. (Attachment #5)
I.
CONSENT AGENDA ~ G - '11
Notice to the Public
The following items are of a routine or administrative nature. The Council has
been fumished with background and support material on each item, and/or it
has been discussed at a previous meeting. All items will be acted upon by one
vote without being discussed separately unless requested by a Council
Member or a citizen, in which event the item or items will immediately be
withdrawn for individual consideration in its normal sequence after the items not
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
January 11, 2005
Page 4
CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Council will vote on all motions, resolutions and ordinances not
removed for individual consideration)
6. Motion approving the allocation of $70,500 from the Hotel
Occupancy Tax Fund and $22,000 from the General Fund to fund
grant contracts with 17 arts and cultural organizations. Funding
is authorized in the FY 2004-2005 budget. (Attachment #6)
7. Ordinance appropriating $316,400 (from a Local Transportation
Project Advanced Funding Agreement grant from the Texas
Department of Transportation) in the No. 1071 Community
Enrichment Fund to provide funding for the Bay Trail Phase 3
project; by increasing appropriations by $316,400. (Attachment
#7)~,
8. Motion authorizing the City Manager or his designee to execute
Amendment No.1 to the Contract for Professional Services with
Goldston Engineering, Inc., of Corpus Christi, Texas in the
amount of $227,831 for a total restated fee of $292,041 for the
Southmoreland Addition Area Street Improvements, Phases 3B
and 4B. (Attachment #8) N e~h ~ c'>. C I> r3' G-
9.a. Motion authorizing the City Manager or his designee to execute
an engineering services contract with Shiner, Moseley and
Associates, Inc., of Corpus Christi, Texas in an amount not to
exceed $160,000 for the J. C. Elliott Landfill Sector Final Cover
Phase 3 project. (Attachment #9)
9.b. Motion authorizing the City Manager or his designee to execute
a materials testing, laboratory services and liner construction
documentation contract with Trinity Engineering/Kleinfelder in an
amount not to exceed $90,773 for the J. C. Elliott Landfill Sector
Final Cover Phase 3 project. (Attachment #9)
10. Motion authorizing the City Manager or his designee to execute
Amendment No. 1 to an Engineering Services Contract with
IMDC, Inc., of Miami, Florida in an amount not to exceed $24,988
for a restated fee of $41,529 for the Corpus Christi International
Airport Runway 13-31 Lighting and Cable Replacement project.
(Attachment #10)
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
January 11, 2005
Page 5
11. Motion authorizing the City Manager or his designee to execute
Amendment No.1 to the Contract for Professional Services with
HDR Engineering, Inc., of Corpus Christi, Texas in the amount of
$433,234, for a total restated fee of $458,207 for the Concrete
Lined Channel Rehabilitation and Bridge Rehabilitation Project as
follows: (Attachment #11)
*
Concrete Lined Channel Rehabilitation: Van Galen, Phase 1
Concrete Lined Channel Rehabilitation: Carroll West
Concrete Lined Channel Rehabilitation: Airport, Phase 2
Concrete Lined Channel Rehabilitation: Flynn Shea
Bridge Rehabilitation: Kingsbury Drive
Bridge Rehabilitation: Lexington Road
Drainage Channel Excavation: Saratoga Boulevard Bridge
*
*
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*
12.
Motion authorizing the City Manager or his designee to execute
Change Order No. 11 with Moorhouse/Beecroft, Joint Venture,
LLC, of Corpus Christi, Texas for the Convention Center
Exp;:msion and- Rehabilitation in the amount of $388,749 for
various architectural, electrical, mechanical, structural and other
modifications. (Attachment #12)
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13. Motion authorizing the City Manager or his designee to execute
a Contract for Professional Services with Urban Engineering, of
Corpus Christi, Texas in the amount of $196,000 for construction
inspection services on the Downtown Drainage Improvements
Project as follows: (Attachment #13)
*
Phase 1 - Project "A" Water Street New Interceptors and Inlets
Phase 1 - Project "B" Kinney Street Pump Station
Phase 2 - Agnes Street Box Culvert and Diversion Lines
*
*
14. Motion authorizing the City Manager or his designee to execute
a construction phase engineering services contract for corrosion
protection with V & A Consulting Engineers, Inc., of Oakland,
California in an amount not to exceed $49,900 for the Southside
Water Transmission Main Phase 4 and 4A project. (Attachment
#14)
15. Motion authorizing the City Manager or his designee to execute
Change Order No. 14 (Entrance Roadway) with Bay, Ltd, of
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
January 11, 2005
Page 6
Corpus Christi, Texas in the amount of $130,000 for the Corpus
Christi International Airport Roadway and Parking Lot
Improvements, Phase 2. (Attachment #15)
16. Motion authorizing the City Manager or his designee to execute
Change Order No. 1 with the Construction Manager at Risk
Contract with Fulton/Coastcon and Hunt Construction Group,
Joint Venture of Corpus Christi, Texas and Indianapolis, Indiana
in the amount of $331,409 for installation of a 36-inch Storm
Water Main from Whataburger Field to the Corpus Christi Ship
Channel and increasing the Guaranteed Maximum Price to
$21,791,935 for construction for the Professional Minor League
Baseball Stadium. (Attachment #16)
, .17, Ordinance authorizing the resale of one property located at 1025
Green Bay which was foreclosed upon for failure to pay ad
valorem taxes, for $3,650. (Attachment #17)
J. PUBLIC HEARINGS:
ZONING CASES:
18. Case No. 1104-02. Citvof Corous Christi Landmark Commission.
Johann Collins: A change of zoning from a "B-5" Primary
Business District to a "B-5" with HC-IV Primary Business District
with Historical-Cultural Landmark Classification, resulting in a land
use change from primary business to primary business with
landmark preservation. The property is in the Beach Addition,
Block 44, Lot 6, located on the southwest comer of Chaparral
Street and Palo Alto Street. (Attachment #18)
Plannina Commission and Staffs Recommendation: Approval of
the "B-5" with HC-IV Primary Business District with Historical-
Cultural Landmark Classification.
ORDINANCE
Amending the Zoning Ordinance, upon application by the City of
Corpus Christi Landmark Commission and Johann Collins by
changing the zoning map in reference to Beach Addition, Block
44, Lot 6, from "B-5" Primary Business District to "B-5" with "HC"-
IV Primary Business District with Historical-Cultural Landmark
CITY COUNCIL
PRIORITY ISSUES
(Refer 10 legend althe end of the
agenda summary)
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January 11, 2005
Page 7
Preservation; amending the Comprehensive Plan to account for
any deviations from the existing Comprehensive Plan.
19. Case No. 1204-01. Sav Breeze Develooment Co.. L.P. : A
change of zoning from a "F-R" Farm-Rural District to a "R-1C"
One-family Dwelling District, resulting in a land use change from
agricultural to low density residential. The property is 60.15 acres
out of Flour Bluff and Encinal Farm and Garden Tracts, Section
27, Lots 6 through 8, located south of Holly Road and 3/4 mile
east of Rood Field Road. (Attachment #19)
Plannino Commission and Staff's Recommendation: Approval of
the "R-1C" One-family Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Bay Breeze
Development Company, L.P., by changing the zoning map in
reference to 60.15 acres out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 27, Lots 6 through 8, from "F-R" Farm
Rural District to "R-1 C" One-family Dwelling District; amending the
Comprehensive Plan to account for any deviations from the
existing Comprehensive Plan.
20. Case No. 1204-02. Mav Develooment. L.P.: A change of zoning
from an"A-1" Apartment House District to a "B-4" General
Business District, resulting in a land use change from medium
density residential to general business. The property is located
east of Lexington Road and 400 feet south of South Padre Island
Drive. (Attachment #20)
Plan nino Commission and Staff's Recommendation: Approval of
the "S-4" General Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by May
Development, L.P., by changing the zoning map in reference to
1.51 acres out of Flour Bluff and Encinal Farm and Garden
Tracts, Section 28, Lot 12, from "A-1" Apartment House District
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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January 11, 2005
Page 8
to "8-4" General Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
21. Case No. 1204-03. Colson & Colson Construction Comoanv: A
change of zoning from a "R-1 B" One-family Dwelling District to a
"R-2" Multiple Dwelling District, resulting in a land use change
from low density residential to medium density residential. The
property is located north of Lipes Boulevard and 400 feet west of
South Staples Street. (Attachment #21)
Plannina Commission and Staffs Recommendation: Approval of
the "R-2" Multiple Dwelling District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Colson and
Colson Construction Company, by changing the zoning map in
reference to 15.71 acres out of Flour Bluff and Encinal Farm and
Garden Tracts, Section 5, Lots 25 and 26, from "R-1B" One-
family Dwelling District to "R-2" Multiple Dwelling District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
22. Case No. 1204-04. Aman Ullah: A change of zoning from an "'-2"
Light Industrial District to a "B-4" General Business District,
resulting in a land use change from light industrial use to general
business uses. The property is located along the northeast
section of Crosstown Expressway and South Padre Island Drive.
(Attachment #22)
Plannina Commission and Staffs Recommendation: Approval of
the "B-4" General Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by Aman
Ullah, by changing the zoning map in reference to Behmann
Subdivision, Block 2, Lot 4A, from "1-2" Light Industrial District to
"B-4" General Business District; amending the Comprehensive
Plan to account for any deviations from the existing
Comprehensive Plan.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at lI1e end of lI1e
agenda summary)
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Page 9
23. Case No. 1204-05. City of Corpus Christi: A change of zoning
from a "B-2" Bayfront Business District to a "B-5" Primary
Business District, resulting in a land use change from bayfront
business to primary business. The property is in the Beach
Addition, in the north half of Blocks 72, 81 and 91, located west
of Shoreline Boulevard and north of Resaca Street.
(Attachment #23)
Plannina Commission and Staffs Recommendation: Approval
ofthe "B-5" Primary Business District.
ORDINANCE
Amending the Zoning Ordinance, upon application by the City of
Corpus Christi, by changing the zoning map in reference to Beach
Addition, being the north half of Blocks 72, 81, and 91, from "B-2"
Bayfront Business District to "B-5" Primary Business District;
amending the Comprehensive Plan to account for any deviations
from the existing Comprehensive Plan.
K. PRESENTATIONS: (NONE)
Public comment will not be solicited on Presentation items.
(RECESS REGULAR COUNCIL MEETING)
L.
MEETING OF CITY CORPORATION: (Attachment #24)
24. CORPUS CHRISTI COMMUNITY IMPROVEMENT
CORPORATION:
AGENDA
CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION
SPECIAL MEETING
DATE:
Tuesday, January 11, 2005
TIME:
During the meeting of the City Council beginning at
10:00 a.m.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
January 11, 2005
Page 10
PLACE:
City Council Chambers
1201 Leopard St.
Corpus Christi, TX 78401
1. President Rex Kinnison calls meeting to order.
2. Secretary Armando Chapa calls roll.
Board of Directors
Rex A. Klnnison. President
Javier Colmenero. Vice President
Brent Chesney
Melody Cooper
Henry Garrett
Bill Kelly
Mark Scott
Jesse Noyola
Samuel L. Neal, Jr.
Officers
George K. Noe, General Manager
Armando Chapa, Secretary
Mary Juarez, Ass!. Secretary
Cindy O'Brien, Treasurer
Constance P. Sanchez, Ass!. Treasurer
3. Approval of minutes from the September 21, 2004
meeting.
4. Financial Report.
5. Amend current contract with the Community Development
Corporation (COG) to incorporate FY 2003 and FY 2004
HOME Program funding.
6. Public Comment
7. Adjournment.
(RECONVENE REGULAR COUNCIL MEETING)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS
NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR AT THE END OF THE
COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE
LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN
TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD,
PLEASE SIGN THE FORM A T THE REAR OF THE COUNCIL
CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A
recording is made oftha meeting; therefore, please speak into the microphone
located at the podium and state your name and address. If you have a petition
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Agenda
Regular Council Meeting
January 11 , 2005
Page 11
or other information perlaining to your subject, please present it to the City
Secretary.)
Si usted se dirige a la junta y cree que su ingles es Iimitado, habra un interprete
ingles-espanol en la reuni6n de la junta para ayudarle.
PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF
PERSON, OR MEMBERS OF THE AUDIENCE SHALL
BERA TE, EMBARRASS, ACCUSE, OR SHOW ANY
PERSONAL DISRESPECT FOR ANY MEMBER OF THE
STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY
COUNCIL MEETING. THIS POLICY IS NOT MEANT TO
RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss
any matters listed on the agenda, when authorized by the provisions of
the Open Meeting Act, Chapter 551 of the Texas Government Code,
and that the City Council specifically expects to go into executive
session on the following matters. In the event the Council elects to go
into executive session regarding an agenda item, the section or
sections of the Open Meetings Act authorizing the executive session
will be publicly announced by the presiding office.
25. Executive session under Texas Government Code Section
551.071 regarding Cause No. C-04-11 0, Bobby Wayne Ballard
vs. City of Corpus Christi, et ai, in the United States District Court
for the Southern District of Texas, Corpus Christi Division, with
possible discussion and action related thereto in open session.
26. Executive session under Texas Gover Code Section
551.071 regarding Cause No. -A, City of Corpus Christi,
Texas vs. Air Liqui nca, L.P., et ai, in the District Court of
Nueces , Texas, 28 th Judicial District, with possible
sion and action related thereto in open session.
27. Executive session under Texas Government Code Section
551.074 for deliberations regarding the duties of Municipal Court
Judges and the appointment of full time and/or part time
municipal court judges with possible discussion action related
thereto in open session.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
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Regular Council Meeting
January 11, 2005
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O. REPORTS:
The following reports include questions by Council to Staff regarding
City policies or activities; request by Council for information or reports
from staff; reports of activities of individual Council members and staff;
constituent concems; current topics raised by media; follow-up on Staff
assignments; scheduling offuture Council meetings and activities; and
other brief discussions regarding city-related matters.
28. CITY MANAGER'S REPORT
*
Upcoming Items
29. MAYOR'S UPDATE
30. COUNCIL AND OTHER REPORTS
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ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the front entrance
to \ City Hall, 1201 Leopard Street, at -I: 00 p.m.,
_ .1nlAd.r\.1 7 , 2005.
I (1 /LYVIaf'do ~ ~
Armando Chapa M.----
City Secretary
NOTE:
The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action Item that Implement
council priority Issues.
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
2.a.
MOTION NO.
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Motion to amend prior to second reading the ordinance amending Sec. 23-74, Smoking
Prohibitions, by revising the language in Sec. 23-74(b)(4) by deleting the subsection
heading entitled "Billiard halls and bowling alleys"; inserting the subsection heading
entitled "Billiard halls, bingo halls, and bowling alleys"; and deleting the subsection text
"to billiard halls and" and replacing the text with "to billiard halls, bingo halls, and".
25.
MOTION NO. 20 (15 015 L{~l ~ nJ-l...f
Motion authorizing the City Manager to settle Cause Number C-04- 110; Bobby Wayne
Ballard vs. City of Corpus Christi et ai, in the United States District Court for the
Southern District of Texas, for the sum of $ 100,000.00, subject to the certification of
funds.
27.
MOTION NO.
2005
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Motion appointing Hector DePeiia, Melissa Madrigal, and Jerry Batek as Part-Time
Judges of the Municipal Court of Corpus Christi, Texas effective January 17,2005 and
setting their salaries at an hourly rate equal to that of the other Municipal Court Judges to
work hours as determined by the Presiding Judge to terms co-terminous with those of the
City Council.
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