HomeMy WebLinkAbout021901 RES - 03/22/1994RESOLUTION
ADOPTING POLICIES AND GENERAL RULES AND PROCEDURES OF
THE CITY COUNCIL:
WHEREAS, it is desirable to consolidate various individual City Council
policies, rules, and procedures into one format to enhance their usefulness.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CORPUS CHRISTI:
SECTION 1. That the following are hereby adopted as policies, rules, and
procedures of the City Council of the City of Corpus Christi, Texas:
1. MOBILE PHONES
Council Members may elect to use mobile phones provided by the City; the Council
Member shall pay all charges on each such phone; the Council Member may request
reimbursement for those itemized calls related to City business made by or to a Council
Member; reimbursement may be requested for City -related long distance or directory
assistance calls.
2. COUNCIL TRAVEL/BUSINESS EXPENSE
City Council travel/business expenses are for the purpose of training, exchange of new ideas,
accomplishment of a specific purpose, solution of a definite problem, or purchase of items
related to Council business. Each Council Member will carry out the purpose of his/her
trip in an effective and economical manner. The City will reimburse Council Members for
all reasonable expenses which are incurred while on City business up to the approved annual
budgeted amount for individual Council travel/business expense.
a. The City Council will approve a Mayor and Council travel/business related expense
budgets annually. The Council budget will be divided equally among the eight
members of the City Council. Newly elected Council Members, in April, will be
allocated one-third (1/3) of the annual allocation to each Council Member.
b. Expenses reimbursed to Council Members for Council travel and business related
charges will not exceed the amount allocated to each Council Member.
c. Each Council Member will in his/her reasonable discretion individually determine
the necessity for and benefits to be derived from travel or business related charges
to be incurred. However, reimbursement will be allowed only up to the amount
allocated for each Council Member as approved in the annual budget. Transferring
between individual Council Member budgets will not be allowed.
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d. Reimbursement will be on an actual basis as supported by a travel expense report
with supporting documentation.
e. Included as business related charges are such things as: luncheon/banquet or similar
type ticket charges where the Council Members will be representing the City,
subscriptions to periodicals/publications and individual membership dues to
associations, leagues, etc. that will benefit the member in the conduct of City
business, and other business related meeting expenses. Physical property purchased
by individual Council Members will remain property of the City after the Council
Member's term ends.
f. Council Member's spouse related expenses will not be reimbursed.
g. Except as noted above, general procedures and policies related to City employee
travel will be adhered to.
h. Where a Council Member's presence is needed by a specific department of the City
for attendance at a meeting, function, or event, that department requesting the
Council Member's attendance will bear the cost incurred and such requests shall be
approved by the City Manager.
3. AUTOMOBILE USE FOR COUNCIL BUSINESS
Each Council Member will be allocated $150.00 per month for use of personal automobiles
on in -town City Council related business. Reimbursement for automobile use will be at the
mileage rate approved by the Internal Revenue Service (IRS) when utilizing a personal
vehicle for travel. On an optional basis, Council Members may request a flat $150.00
monthly reimbursement based on a certification of having traveled at least the number of
miles which, multiplied by the IRS rate, would equal $ 150.00. Reimbursement for out of
town auto use shall also be based on the number of specified miles traveled multiplied by
the mileage rate approved by the Internal Revenue Service.
4. COUNCIL MEMBER REQUESTS FOR INVESTIGATIONS, INFORMATION, OR
REPORTS
Individual Council Member requests for information, reports, or investigations will be
provided by staff provided that an objection is not raised by another Council Member
regarding that request. In cases where an objection is raised, a majority vote of the Council
will be required in order for staff to proceed on the individual Council Member's request.
When possible, minor requests for investigations or information, i. e. high weeds, pot holes,
street lights and signage problems, etc., will be handled through Council request forms
provided by the City Manager rather than through Council reports during the Council
meeting.
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5. RULES OF DECORUM
In order to orderly conduct the business of the City, and to properly discharge its duty, the
City Council must hear in many instances a variety of differing viewpoints. To obtain all
relevant information from differing viewpoints, rules of decorum are necessary. Thus, the
City Council adopts the following rules to assist in the orderly deliberation of matters
affecting the City and its citizens.
a. The City Secretary shall see that the flag of the United States and the flag of the City
of Corpus Christi are properly and prominently displayed at some convenient place
in the City Council Chamber.
b. Each day the City Council is in session, the City Secretary shall call the roll of the
City Council and required City Charter officers and announce the results of such roll
call. The City Secretary shall declare if a quorum is present and the necessary City
Charter officers present, subject to confirmation of the City Council.
c. The session shall begin with an invocation followed by the Pledge of the Allegiance
to the flag of the United States of America.
d. No Council Member, staff person, or members of the audience shall berate,
embarrass, accuse, or show any personal disrespect for any member of the staff,
Council Members, or the public at any Council meeting.
e. While the City Council is in session there shall be:
1. No smoking of cigarettes, pipes, or cigars;
2. No consumption of any kind by the audience;
3. No propping of feet on tables or chairs;
4. No loud noises, talking, shouting, etc;
5. No loud demonstrating for or against the Council or any speaker, issue, or
presentation;
6. No applause, booing, hissing, foot stomping, parading, singing, or other
disruptive inappropriate behavior.
f. Demonstrations shall not be permitted while the City Council is in session, including
marches, chanting, picketing, any other coercive, argumentative, political, and/or
disruptive behavior of any kind.
Political advertisements of any type, disruptive banners, placards, signs, or posters are
prohibited. This prohibition does not prohibit maps, photographs, drawings, plats,
architectural, or artist renditions, or conceptualization, charts, graphs, slides, motion
pictures, video displays, statistical displays, or other material useful and necessary to
a presentation. The City Council, by majority vote, shall make the final
determination on whether particular material is useful and necessary. This
determination shall be final.
g.
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h. In addressing the City Council, members of the audience shall rise, go to the podium,
and remain standing while addressing the Council. They shall remain at the podium
and speak into the microphone for the recording of the proceedings and begin by
giving their full name and address. Citizens shall not approach the City Council
table except with permission or request of the Mayor or the City Council.
Citizens, Council Members, and City staff shall be prompt in all sessions of the City
Council and in the dispatch of the City business. Time limitations imposed by the
Mayor or the Council on presentations shall be strictly enforced.
City Council, City staff, and all fellow citizens shall be courteous, polite, concise, and
respectful of one another, and shall respect the letter and spirit of these rules so that
the City Council may fairly hear all sides of an issue and by due deliberation act in
the best interest of all the citizens. Council Members and the Mayor shall be
referred to by title and/or title with surname.
J.
k. All remarks shall be addressed to the Mayor and City Council and not to the Council
Members as individuals.
1. Citizens are authorized and encouraged to present their views to the Council on
agenda action items, or during the petitions part on non -agenda City -related matters.
However, such should be done in a factual, precise presentation and questions of
Council or staff are inappropriate. Loud, boisterous, profane, or obscene language
or behavior is not allowed.
m. Persons in the immediate vicinity of the City Council while in session shall refrain
from any disturbing noise, demonstration, or other act disrupting to the City Council
business.
These rules are not meant to restrain a citizen's first amendment rights.
6. NAMING OF CITY PARKS AND RECREATIONAL FACILITIES
A formal policy for naming of parks and recreation facilities in the City of Corpus Christi
is hereby adopted, and the guidelines shall be as follows:
A. Donations. Upon donation of at least 51 percent of the value of a park or park
facility and upon recommendation of the Park and Recreation Advisory Committee,
the City Council may name the park or park facility as the donating party designates.
B. Subdivision Dedication. Park land received through dedication under the City's
Platting Ordinance shall be named by the Park and Recreation Advisory Committee.
No formal action needs to be taken by the City Council.
C. Name Change. The City of Corpus Christi discourages proposals whereby the name
of a park or park facility would be changed. However, under extreme circumstances
the Park and Recreation Advisory Committee will consider the request. The naming
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of an unnamed new park or park facility is preferred and is recommended. The
following definitive steps shall be taken regarding a proposed name change.
(1) Persons, groups, or organizations desiring the name change shall fill out a
request for name change and submit the proposal to the staff of the Park and
Recreation Department for review and consultation with the requesting entity.
(2) Name change requests shall be submitted to the Park and Recreation
Advisory Committee. No action may be taken by the Board for a minimum
of 60 days after receipt of the proposal.
During the 60 day waiting period, legal notice shall be published twice in a
newspaper of general circulation giving notice of the proposed name change.
(4) Written comments are to be submitted to the Park and Recreation Advisory
Committee and interested individuals are invited to come before the Board
to address the issue.
(3)
(5)
At the first meeting after the 60 day waiting period, the Park and Recreation
Advisory Committee will take one of the following actions:
(a) Approve the request and refer the recommendation to the City
Council;
(b) Reject the request; or
(c) Table the request for future action or additional information.
In the event the request is rejected by the Board, the requesting entity
may appeal the rejection to the City Council.
(6) The Council shall consider the request and either approve or reject the
request. The Council, at its option, can waive all provisions herein provided
in commemorating or memorializing an individual or act. If approved, the
Park and Recreation Department shall arrange suitable renaming ceremonies.
Costs associated with renaming ceremonies and the provision of markers,
plaques, or memorials shall be borne by the entity proposing the name
change.
D. Special Considerations. In choosing names after individuals, consideration may be
given to persons living or dead. Special consideration shall be given to the
contributions the person has made to the City, State, or Country. A facility or park
may not be named after an individual currently in public office or serving as a
employee of a local governmental jurisdiction. A one year waiting period after
termination from public office or municipal employment is considered adequate.
Names related to religious denominations will generally not be favorably considered
unless the rules of donation apply. Input from neighborhood organizations in the
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immediate vicinity of the park or facility will be sought in the case of a name change
request.
7. NAMING OF STREETS
The City Council hereby establishes a policy of declining to change the names of streets in
the City of Corpus Christi except under unusual, extenuating circumstances.
8. NAMING OF CITY FACILITIES
Final decisions regarding the naming of City facilities shall be the decision of the City
Council. The City Council may request recommendations from City Boards, Commissions,
Committees, or other advisory bodies.
9. COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Through the Community Development Block Grant Program, the City Council provides for
the development and preservation of a viable urban community, a suitable living
environment, decent housing and expanded economic opportunities, principally for persons
of low and moderate income, and aids in the prevention or elimination of slums and blight.
The City carries out its objectives by providing for appropriate streets and drainage, housing,
recreational opportunities, neighborhood preservation, and revitalization, and economic
development as needed. To insure that these objectives are achieved, the following
guidelines shall be as follows:
a. No Community Development Block Grant Funds shall be authorized to applicant
agencies for the support of operating expenses.
b. No capital grants shall be made without sufficient evidence of the financial capacity
of the applying agency to operate the program.
c. Priority shall be given to those applying agencies that make substantial new capital
contributions to the project for which they are seeking funds.
d. Housing shall be maintained as the top funding priority for the CDBG program as
well as placing greater emphasis on public infrastructure (City) in CDBG eligible
tracts.
e. No individually funded CDBG project shall be eligible for future CDBG funding for
a minimum of two years from the date of its last funding. (This excludes projects
which are specifically staged for several years of CDBG funding such as a street
project which has its engineering funded one year and its construction the next.)
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10. CITY COUNCIL COMMITTEES
Ad hoc committees of the City Council may be appointed as needed to assist the Council
in its business. All members to City Council ad hoc committees will be appointed by the
Mayor or a majority of the Council.
11. USE OF LOCAL BUSINESSES
A maximum effort will be made by the City Council and staff to utilize local businesses. To
insure that this effort is made, the following guidelines shall be followed unless prohibited
by State or Federal law:
a. Staff must review each Request for Proposal (RFP) before it goes out to determine
if local expertise is available. If they determine it is available, then only solicit from
local firms;
b. If the staff determines that insufficient local expertise exists, they are to document
the decision and obtain approval to solicit RFP's from non -local firms. The 75 -
percent rule would still be in effect; and,
c. If the 75 -percent rule cannot be met, the Council should be advised at an early stage
for discussion.
12. MINORITY/MINORITY BUSINESS ENTERPRISES PARTICIPATION
Maximum opportunity will be afforded minorities, women and minority business enterprises
to participate in the performance of contracts awarded by the City of Corpus Christi subject
to any State and Federal laws.
13. REVIEW OF CONCEPTUAL DESIGNS OF CERTAIN MAJOR BUILDING AND
OTHER MAJOR CAPITAL PROJECTS
It is the City Council's intent to review requests for proposals from consultants for projects
of special interest, and conceptual designs of major buildings and other major capital
projects, which involve decisions concerning aesthetics and other controversial factors which
ultimately require review by the City Council.
14. BOARDS, COMMISSIONS, AND COMMITTEE PROCEDURES
All individuals considered for appointment by the City Council to a Board, Commission, or
Committee must have a resume or biographical information sketch on file in the office of
the City Secretary. All vacancies must be listed on a City Council agenda in order for
appointments to be made. Any Council Member can nominate persons to fill vacancies,
except where the law requires nomination by the Mayor or City Manager. Each
appointment must receive a majority vote of the Council Members present and voting.
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The following rules and procedures will govern standing City Boards, Commissions, and
Committees:
a. City Council Members may be appointed as liaison contacts to the City's Boards,
Commissions, and Committees, as well as other Committees the Council makes
appointments to, in order to facilitate communications. Appointments will be by the
Mayor or a majority of the Council.
b. City Boards, Commissions, and Committees will provide annual reports of their
respective activities. Such annual reports will be for the calendar year and will be
due no later than January 15th of each year for the prior calendar period. Each City
Board, Commission, and Committee will be provided an opportunity, if requested,
to be placed on the City Council agenda for presentation of their annual report.
c. Board, commissions, or committees with rule making or quasi-judicial authority are
covered by the Texas Open Meetings Act and shall comply therewith. Other boards,
commissions, and committees are directed to follow the Open Meeting Act except
as inconsistent with these procedures or other ordinance or directive of the Council,
and failure to comply with the Act may be grounds for sanction by the Council, in
its discretion. No closed session may be held without receiving advice from the City
Attorney.
d. Orientation manuals will be prepared and provided to all new appointees to the
City's Boards, Commissions, and Committees. Orientation sessions by the
Chairpersons and/or staff liaison are encouraged.
e. Meetings will be held in meeting rooms nearest support staff whenever possible.
f. Agendas will follow a standard one-page format.
g.
All Boards, Commissions, and Committees shall keep minutes of all meetings
thereof. Minutes will be limited to a one-page summary when possible. The
presiding officer at such meeting shall designate an acting secretary in the absence
of the regular secretary of any of such bodies to discharge such duty. A copy of the
minutes of the proceedings of every such meeting shall be promptly forwarded to the
City Manager for his information. Minutes will be filed in the office of the City
Secretary for City Council and public review.
h. Regular times for meetings will be established, when possible, to avoid staff overtime.
i. Chairpersons will be advised of meeting costs involved and the need to reduce costs
and expedite meeting times when possible.
Ad hoc and subcommittees will meet without staff support when possible.
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k. No City board, commission, or committee shall appoint persons outside its
membership as advisors or to subcommittees, ad hoc committees or other accessory
entities, without prior approval of the City Council.
1. Recommendations for appointments will be solicited from the affected Boards,
Commissions, and Committees.
m. No person may serve as a voting member of a board, commission, or committee of
the City for a period longer than six (6) years consecutively unless such service is
required by virtue of the person's position or title as the result of employment or to
complete an unexpired term. No person shall be appointed by the Mayor or City
Council to serve on more than one board, commission, or committee of the City at
the same time unless required by charter, statute, or other ordinance or when such
service is required by virtue of the individual's position or title as the result of
employment.
The foregoing limitations do not apply to the appointment of advisory, nonvoting
members to a board, commission, or committee of the City. Any such advisory,
nonvoting member appointed to a board, commission, or committee of the City is
prohibited from serving as an elected or appointed officer of the board, commission,
or committee to which such person has been appointed.
n. Unexcused absences from more than twenty-five (25) percent of regularly scheduled
meetings during a term year on the part of any board, committee, or commission
member shall result in an automatic vacancy, which vacancy shall be promptly
reported to the City Council. An absence shall be deemed unexcused unless excused
by the board, committee, or commission for good cause no later than its next meeting
after the absence. Any member, otherwise eligible, shall not be precluded from
reappointment by reason of such automatic vacancy.
o. All members of City Boards, Commissions, and Committees must be residents of the
City.
P. Members of City Boards, Commissions, or Committees may file as a candidate for
nomination or election to any non -city public office, but such person shall forfeit his
or her position if elected or appointed to such office.
15. CITY PREPARED INFORMATION
It shall be the policy of the Council that City prepared information in print, type, or
magnetic form that is subject to the open records law shall be made available to the public
at request and at a reasonable cost as determined by the City Manager. No Council
Member shall use his position or influence to circumvent charges for any City prepared
information.
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16. CONDUCT OF MEETINGS; RULES OF PROCEDURE
a. Time and Place of Meetings
1. The City Council shall meet in regular session at 2:00 p.m. each Tuesday,
except that, in order to maximize efficiency and use of resources, it shall not
meet the first Tuesday each month unless requested by the Mayor, five
Council Members, or the City Manager. The time for a regular meeting may
be changed as deemed advisable by Council.
2. Regular meetings shall be held at City Hall or another governmentally owned
place within the City.
3. Special and workshop sessions may be held in any public place.
4. Special and workshop sessions may be called by the Mayor, a majority of the
Council, or the City Manager.
b. Workshop Meetings
A workshop session is a meeting for the sole purpose of gathering information or
discussing public business without taking action. In the event a workshop session is
scheduled on the same day as and prior to a regular or special session, no discussion
shall be held at the workshop of items previously scheduled for such regular or
special session.
c. Open Meetings
The Council shall conduct all meetings in accordance with the Texas Open Meetings
Act.
d. Agenda
The City Council agenda will be prepared and assembled jointly by the City Manager
and the City Secretary in a format consistent with the Open Meetings Act, subject
to modification by Council directive. Items may be placed on the agenda by the
Mayor, City Manager, or at least five members of the City Council who shall confirm
their request with the office of the City Secretary. A member wishing to place an
item on the agenda shall notify the City Secretary who shall inquire of the other
members whether they wish to join the request. The City Secretary may place
presentations, items of a ceremonial nature, Board, Commission and Committee
appointments, and items affecting his office on the agenda. The subject matter of
agenda items shall be subject to Council action, unless the item is limited to
discussion.
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e. Presiding Officer
The Mayor, Mayor Pro Tem, or other presiding officer shall have the power and
duties usually incumbent on a presiding officer. All questions of order shall be
decided by the presiding officer, subject to appeal to the Council.
f. Recess of Meeting
g.
Any meeting may be recessed (continued) one or more times to a time and place
specified by the presiding officer prior to recess. No regular session may continue
in recess to a time after the convening of the next regular meeting of the Council.
Order of Business
The order of business shall be that set forth in the agenda unless modified by the
Mayor or a majority of Council present and voting. On any item for which the
Council permits public comment, time limitations may be set on an equitable basis.
h. Recognition of Council Members
Council Members will not interrupt one another, and will speak only when
recognized by the presiding officer. The presiding officer will recognize Council
Members to speak in the order of their electronic request.
i. Seconding Motions
Motions shall require a second, except if the wording of the motion appears on the
agenda.
General Duties of City Secretary
The City Secretary shall act as clerk of the Council, shall accurately keep the minutes
and all other records required by law to be kept of Council proceedings, and shall
make all publications and notices required by law.
k. Record Vote
The ayes and nays shall be taken upon the passage of all ordinances or resolutions
and entered in the minutes. Any member may request that the ayes and nays be
taken on a motion and same shall be recorded. The order in which Council
Members vote will rotate from meeting to meeting.
1. Quorum
A majority of the Council Members holding office constitutes a quorum.
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m. Vote Required for Passage
Except as otherwise required by law for a particular matter, final passage of an
ordinance or resolution shall require the affirmative vote of a majority of all Council
Members holding office, and other matters shall require a majority of Council
Members present and voting.
n. Motion to Reconsider
Any member of the Council who voted with the prevailing side on any question may
move its reconsideration no later than the next regular meeting; reconsideration shall
require a two-thirds vote of the Council. The fact that a failed action is subject to
such motion being made at the next regular meeting does not prevent it from being
brought up as new business at or before the next regular meeting.
o. Motion to Table
P.
q.
To "table" shall mean to postpone until a later Council meeting. If the motion to
table or postpone specifies a particular time, the matter shall be placed on the
Council agenda for that date unless the Mayor or Council subsequently directs
differently. If the motion does not specify a particular time, the matter shall be
placed on the Council agenda when requested in accordance with general procedures
for agenda items. The pendency of a tabled motion shall not prevent the Council
from considering the same matter as new business.
Applicability of Robert's Rules of Order
The most current edition of Robert's Rules of Order shall govern Council
proceedings, unless in conflict with these rules or other law. Provided, however,
Council's failure to comply with Robert's Rules of Order shall not invalidate any
Council action.
Suspension of Rules
Any of the rules prescribed in this Section 16 may be suspended by a majority vote
of all Council Members qualified to vote.
r. Disorderly Conduct
For a City Council Member's violation of the Rules of Decorum which it finds to
seriously disrupt a meeting, or for a City Council Member's violation which occurs
after repeated warnings from the presiding officer, the Council may assess a civil
penalty for violation not to exceed $25, as authorized by Article II, Section 10 of the
City Charter. The City Manager shall cause the amount penalized to be deducted
from the Council Member's next paycheck.
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17. GUIDELINES FOR PUBLIC USE OF CITY HALL FACILITIES
The locations of the City Council Chamber, adjacent committee room, staff conference
room, and the sixth floor conference room are conducive to providing space for public
meetings for nonprofit purposes with minimal distraction from daily City operations.
Priority for the use of these facilities shall be given to City related Boards, Commissions,
Committees, and other City related activities, and secondarily to other government entities.
Accordingly, individuals and organizations who wish to conduct public meetings may request
the utilization of these areas. Use of the committee and conference rooms, rather than the
Council Chamber, is preferred because of the sensitivity of the audio visual equipment. If
use of the committee and conference rooms is not feasible due to the number of people
attending, the Council Chambers will be used as approved by the City Secretary. Public use
of these facilities will be limited to the hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday due to security reasons. (Evening and weekend use will be limited to official City
and other governmental business. Coordination with Building Maintenance, in addition to
the City Secretary's office, will be required to secure the building before and after use.)
Guidelines for usage by nonprofit organizations are identified below:
1) City events shall receive priority in the event of a conflict.
2) Applications for use are supplied from and approved by the City Secretary's office.
3) Organizations using the facilities will be responsible for securing all equipment and
facilities after use.
4) The meeting rooms are provided at no charge. Room set-up is the responsibility of
the organization using the facilities.
5) The facilities will not he used for receptions or functions where catering is required
except as approved by the City Manager, City Secretary, or City Council.
6) No soliciting or fund-raising is allowed.
7) In the event of damage, the sponsoring organization will reimburse the City for cost
of repairs.
8) The meeting shall be open to the public, which will be permitted to comment and
ask questions prior to close of the meetings.
All other areas and conference room space in City Hall is limited to conducting official City
business. Many other municipal facilities are available for public use including the Corpus
Christi Public Library, the Convention Center, and community recreation centers.
Coordination for the use of those facilities will he through those departments.
SECTION 2. That all prior policies, rules, or procedures by the Council on
the subjects addresed herein are repealed.
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SECTION 3. If for any reason any section, paragraph, subdivision, clause,
phrase, word or provision of this resolution 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 resolution 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.
A 1 I'EST:
City Secretary
•YOR
D
M
APPROVED: __ -AY OF /3 /( 1 , 19 (7
JAMES R. BRAY, JR., CITY ATTORNEY
By
City A�tprney
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OF CORPUS CHRISTI
Corpus Christi, Texas
QJ, day of RnXCV \
The above resolution
Mary Rhodes
Dr. Jack Best
Melody Cooper
Cezar Galindo
Betty Jean Longoria
Edward A. Martin
Dr. David McNichols
David Noyola
Clif Moss
\ forms \066
, 19 l`(
was passed by the following vote:
utidatA
akY
021901