HomeMy WebLinkAbout028445 ORD - 12/15/2009As Amended on 1st Reading
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER
55 REGARDING PUBLIC ACCESS RULES AND PROCEDURES, TO RENUMBER
SUBSECTIONS; REVISING AND UPDATING SUBSECTION 1 RULES FOR
PARTICIPATION, SUBSECTION 2 TECHNICAL STANDARDS AND PRODUCTION
REQUIREMENTS, SUBSECTION 3 HOW PROGRAMS ARE SCHEDULED AND
CABLECAST, SUBSECTION 4 DEFINED TERMS, SUBSECTION 5 AMENDMENTS
TO RULES, SUBSECTION 6 VIOLATIONS OF RULES, PROVIDING FOR
SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE OF FEBRUARY 1, 2010.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The Rules and Procedures for Public Access Cablecasting found at Article
XVIII of Chapter 55 of the Corpus Christi Code of Ordinances, are amended to read as
follows:
"Section 55-443. RULES AND PROCEDURES FOR PUBLIC ACCESS
CABLECASTING.
Channel space on public access channels is available free of charge to any adult
resident of the City of Corpus Christi in accordance with the following rules and
procedures, as adopted by the City Council of the City of Corpus Christi.
Submitted programs on accepted media, as defined in cection /1 Section 55-447,
will be cablecast by all franchised cable operators as provided in their respective
franchises. Requests for live feeds may be made in accordance with rules
adopted by the Cable Communications Commission, with the consent of the
cable operators.
These rules may be amended by City Council following recommendation from
the Cable Communications Commission and franchised cable operators in the
City of Corpus Christi.
§ 1 Section 55-444. Rules for participation.
Producers must complete and sign an programming contract Application for
Public Access Cablecasting.- In By signing the = = - • •• •• • = : - application,
the producer warrants states and agrees that the following rules will be observed:
(a) = All programs must be produced by a producer as defined in section /1
Section 55-447.
i
. .. •• ..•• ••
shall be of a commercial nature as defined in Section 55-447.
844.5
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No program
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(c) = No program shall be transmitted that requests contributions unless the
solicitation is on behalf of an organization that has received tax exempt
status under 501(c)(3) of the Internal Revenue Code or non-profit status in
the state of Texas. Maximum time to request contributions in a program is
five minutes.
(d) _ No program shall be transmitted that contains copyrighted information for
which proper clearance or authorization has not been obtained. No
program shall be transmitted that contains copyrighted material for which
proper written clearance or authorization has not been obtained prior to
being submitted for broadcast.
(e)• No program shall be transmitted that portrays any criminal act as being
acceptable or condoned behavior.
(f) = No program shall be transmitted which contains obscene or indecent
material.
f.glg
All programs must include proper program identification as defined in
section -4. Section 55-447.
(h) = All programs must be locally produced. In order to be classified as a
locally produced program, the program must contain at least 25 per -cent
locally produced original content.
(i) Producer must maintain current home and mailing address with PAUG
and notify PAUG of change within ten (10) working days of move.
Except as otherwise permitted by applicable law, neither the access user group
PAUG nor the cable operators will restrict the content of any program.
§ 2 Section 55-445 Technical standards and production requirements.
(a) Programs submitted for cablecast must conform to the technical standards
and production requirements established for cablecast by the FCC and City of
Corpus Christi Public Access Rules. The programs shall not cause the cable
operator to be out of compliance with any applicable FCC Technical Standards.
(b) Quality: Programs must deliver, in good quality, clear audio and video
throughout the entire length of the program.
(c) Format:
'Ma. Producers must transfer all other formats to 1/2" VHS (SP speed)
tapes, Super VHS tapes, Consumer DV tape, video CD, or DVD for
programming to accepted media as defined by
Section 55-447(a).
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(2) b. All tapes must be rewound to beginning of tape.
(3)s. As new technology changes and formats become more
conventional common in the consumer markets, formats may be
changed to reflect current market use. The decision to add or
delete formats will be made by the Cable Communications
Commission based upon a request from an accccs user group
PAUG and/or the cable operator(s).
cfkLabeling: All producers must clearly label accepted their media as follows:
(1) On face of the accepted media:
a. Title of the program as it appears on the application.
b. Production date.
(2) On face of acceptcd media and sleeve, box or case or sleeve of accepted
media:
a. Name of individual producer as it appears on the application.
b. Producer's telephone number and/or e-mail address.
c. Length of program.
d. Title of the program as it appears on the producer's application.
(2) On the spine of the tape (only for grandfathered programs):
a. Title of the program as it appears on the producer's application.
(e) Identification:
a . e e e
a(1) . Programs must include the program identification as defined in section /I
Section 55-447.
ff Length:
a(1). All one-hour programs must be 60 minutes in length, including the
program identification.
b (2). All half-hour programs must be 30 minutes in length, including the
program identification.
s.(3) Occasional programming beyond 60 minutes (such as high school
sporting events) may be included pursuant to rules established by
the Cable Communications Commission with consent of the cable
operators.
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(4). Only one program may be recorded on each media submitted.
(q) Deadline: Programs on accepted media must be delivered to and picked up
from the cable operators before 11:30 a.m. on the Wednesdays prior to the
cablecast scheduled cablecast that begins the following Sunday. Holidays may
require deadline adjustments.
(h) A weekly log of the schedule list that indicates delivery of media by the
producers will be provided to the cable operator each week when the media is
delivered to the Cable Operator.
§ 3 Section 55-446 How programs are scheduled and cablecast.
(a) Franchised cable operators provide playback of public access programming
according to the schedule provided by the PAUG.
(b) The PAUG receives and schedules programming submitted by series and
occasional producers. and The PAUG must provides schedules to cable
operators and to the Cable Communications Commmission whenever changes
are made.
(c) Public access for series producers.
The PAUG for each channel conducts a biannual public access time slot lottery
for each public access channel according to the rules and procedures, and uses
those results to develop a public access schedule for each that channel.
Schedules may be modified as necessary. . PAUGS will provide schedules to
lotteries as they are modified.
(d) Time slots: Series programs are given a regular weekly or monthly time slot.
Time slots are awarded during the semi-annual time slot lottery. Conflicts on
Commission for arbitration.
(e) Each producer may have only one series, not to exceed one hour per week,
3, Lotteries and Schedules.
(f) Only programs created by a producers, as defined in cection 1 section 55-447,
are eligible to participate in the semi-annual lotteries and are --eligible to be
transmitted as a public access program.
(g) Application: No later than the night time of the bi-annual time slot lottery each
producer must submit a completed public access cablecasting application form
approved by the Cable Communications Commission to their respective access
users group PAUG bBoard of dDirectors.
If either home or mailing address should change for any reason, producer shall
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update within ten (10) working days of change in address, with the correct home
and mailing address. Failure to comply can be grounds for removal from the
Public Access Channels by the Cable Communications Commission for the
remainder of the lottery period.
(h) The PAUG Board of Directors will provide copies of applications to the Cable
Operators and to the Cable Communications Commission no later than two
weeks after the time slot lottery is conducted.
(1) Access channel (10 or 18) (Note: An individual producer must select one
channel for cablecasting of both first -run and repeat showings. Programs cannot
be run on both channels.)
jiLLotteries and schedules: There are two lottery periods. The spring lottery
period begins the first Sunday in June through the day preceding the first Sunday
in December. The fall lottery period begins the first Sunday in December through
the day preceding the first Sunday in June.
(k) Producers will attend the time slot lottery as noted in a: (1) and la, (2) below.
Two Cable Communications Commissioners who are not producers for the
PAUG conducting the lottery will attend each lottery. _Lotteries will be conducted
as follows:
a.(1) The spring lottery is conducted in the last seven days of April with the new
time slots actually beginning on the first Sunday in June. The PAUG Board
of Directors shall determine the day and time of the lottery.
b7(2) The fall lottery is conducted in the last seven days of October with the new
time slots actually beginning on the first Sunday in December, The PAUG
Board of Directors shall determine the day and time of the lottery.
(3) The public access time schedule will be broken into 30 -minute intervals.
(4) Each producer w i4l draw a selection n'rtumber randomly, with the lowest
issued. Each producer will randomly draw a lottery number.
(5) The selection numbers will be determined by random selection. The lowest
number will have the first choice of time slots and continuing until all
numbers drawn have picked their first time slot.
time slot.
(6) After all producers have selected time slots for their first -run shows,
producers of weekly programs requesting a repeat showing will then select their
time slots for one repeat cablecast in same or reverse order as the initial time
slots were selected, not to exceed one repeat per show. Only one repeat is
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permitted. A program may be cablecast as an original and repeated twice once
in the same lottery period in the producer's allotted time slot, but not in
consecutive weeks or months (back-to-back). A program may be cablecast as an
original and be repeated once in subsequent lottery periods.
(8) (7) Producers of monthly programs will have one original cablecast and three
repeats to be repeated each week in the same allotted time slot for the remainder
of the month. c\lch month.
(9) (8) One lottery will be executed for Channel 10 by the Channel 10 access
user group PAUG and one lottery executed for Channel 18 by the Channel 18
PAUG.
Public access for occasional producers.
Single time slots of lengths as noted above in section 2, 55-445 Length, will be
available for occasional producers on a first-come, first-served basis. Occasional
producers must complete a public access cablecasting application no later than
two -weeks prior to the desired cablecasting date and comply with all rules set
forth herein.
(m) First-come, first-served is determined upon receipt of completed application
by the PAUG secretary member of PAUG Board of Directors.
(n) No programs will be scheduled during holidays, unless automated
programming allows as determined by cable operator.
4-4 Section 55-447 Defined terms.
(a) Accepted Media -- A recorded program on accepted media produced by a
public access producer and submitted for cablecasting on public access
channels. The term "accepted media" refers to 1/2" VHS (SP Speed), Super
.(1) Audio video CD MPEG-2 (with playback standard screen
size 720 x 480 and 60 fields per second, audio level 3). (2) DVD + R MPEG-2
(with playback standard screen size 720 x 480 and 60 fields per second, audio
level 3). Producers grandfathered by the Cable Communications Commission
via Resolution approved July 21, 2008 are exempt from this provision, and may
continue to submit programs in same formats they were using as of July 1, 2008.
Any grandfathered producer that ceases to submit programming for minimum of
ninety (90) days loses grandfather status.
(b) Cable Communications Commission -- The Cable Communications
Commission consists of five residents of the city appointed by the City Council.
The Cable Communications Commission administers the process for complaints
regarding the Rules and Procedures for Public Access Cablecasting. The Cable
Communications Commission mediates any disputes brought to it by the PAUG.
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(c) Commercial programming —
(1) Any programming which is cablecast for remuneration of any kind, whether
directly or indirectly, or programming which includes, in whole or in part, content
whether audio, video or text intended, directly or indirectly to promote any
commercial business service; or product is prohibited; or
(2) Any programming which includes commercial advertising of any kind; or that
contains lottery or sweepstakes information.
The Cable Communications Commission has established approved a memo that
establishes guidelines concerning the advertisement of commercial products or
services in ars public access program.
(d) Complaints -- Communication to the Cable Communications Commission
regarding violation of Rules and Procedures for Public Access Cablecasting.
Office or through an online form at www.cctcxas.com/ccc/complaint.
(e) Holidays -- Martin Luther King, Jr. Day, Memorial Day, Fourth of July, Labor
Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New
Year's Day.
(f) Locally produced programming -- means
Christi region by producers as defined in this section programming created in the
Corpus Christi region, or pertaining to locally specific issues, or pertaining to local
residents..
(g) Producer -- Any resident of Corpus Christi, 18 years of age or older, who has
proof of residency which must include a local street residence address, a local
contact telephone number and valid identification (such as a driver's license). A
producer must pay any fees required by the access user group PAUG and must
execute an approved program contract application form. A producer, by way of
definition, is an individual who meets the above stated requirements and
participates in or is responsible for the creation of a local, non commercial
program for the public access channels. If the local, non commercial program is
created by a local organization, such as a church, one person who meets the
above requirements must be designated as the producer and will represent the
organization with the access user group PAUG. For identification purposes, this
person's name will appear on program identification, either video or audio, and
printed on labels.
(h) Program identification -- The tag at the beginning of the program must bear
the producer name, and title of program as it appears on the producer application
and the production date. The tag must appear for at least ten seconds, in the
audio or video at the beginning of each program, or within the first 30 seconds. A
tag at the end of the program is optional.
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(i) Public access channel (sometimes herein "channel") -- This is the cable
television channel or channels on which public access programs are cablecastT
currently Channels 10 and 18.
(j) Public access time allocated schedule -- The block of time slots allocated to
each public access channel that are available and ace allocated by lottery during
the semi-annual time slot renewal period. The block of time will be determined by
each PAUG by calculating the number of producers and programming hours for
all shows including repeats. The intent is to develop a block of time slots that
provide for consecutive programming, without gaps in the programming
schedule.
(k) Public Access User Group (PAUG) -- As set forth in the City Code of
Ordinances, section 2-183, membership of the access user group PAUG may be
composed of any individuals who ace is a residents of the city as well as
representatives of community, public interest, or neighborhood groups.;
Nnotwithstanding any other provision, representatives of the cable operator may
be members of the access user group PAUG. Access user groups PAUGs are
organized separately and independently from the city and are not boards,
commissions, committees or any other subdivision of the city. Each public access
channel must establish an access user group a PAUG. All user groups, PAUGs
by application to the Cable Communications Commission and the City Secretary,
must be certified by the Cable Communications Commission. Producers organize
themselves according to by-laws by-laws, electing among themselves officers and
a bBoard of directors. Each producer present is entitled to vote on all matters
pertaining to establishment of asscvs user group PAUG by-laws and election of
officers.
(1) Repeat program -- A program which was previously aired on any public
access channel during the same lottery period.
Semi annual time slot renewal period A period beginning April and October of
months must submit an application.
(m) Series -- A locally produced public access show from a single producer. A
series can be either weekly or monthly.
§ 5 Section 55-448 Amendments to rules and procedures for public access
cablecasting.
These rules may be amended by City Council following recommendation from
the Cable Communications Commission or City franchised cable operators in the
city. The city shall give any City franchised cable operator 60 days' written notice
of any proposed amendment to the rules and procedures for public access
cablecasting. In the event that a cable operator objects in writing, the city and the
cable operator shall thereafter meet and negotiate an amendment reasonably
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acceptable to all parties. In no event shall any amendment imposing greater
obligations or restricting the rights of any cable operator become effective without
the written consent of that cable operator.
4-6 Section 55-449 Violation of rules.
(a) Producers must follow all Rules and Procedures for Public Access
Cablecasting.
(1) If a producer and series has been removed for violations, that producer and
series may not air as an occasional user during the removal period.
(2) A producer may appeal decisions of the Cable Communications Commission
to the City Council by submitting a sworn written notice of appeal to the
City Secretary within 30 days of the rendition of the Commission decision.
a,(b) Violations of Section 1 Section 55-444.
(1) No program will be permitted to air over the public access channels if a
producer or program violates has violated one or more of the rules identified in
section 1 section 55-444.
(2) It shall be the responsibility of the PAUG Board of Directors to periodically
monitor the programs that are aired on Public Access Television and to report
any and all section 55-444 violations that are observed, to the Cable
Communications Commission, using the appropriate form and procedures set
forth herein.
(3) Complaints about violations of Section 1 Section 55-444 rules must be
submitted to the Cable Communications Commission. Complaints must be
submitted to the Commission in writing to the City Secretary's Office or through
an online form at www.cctexas.com/ccc/complaint.
informed of the Cable Communications Commission meeting schedule.
(4) Producers atse-will receive written notice of the complaint, dates of the next
two Commission meetings, and a statement that failure to attend, or send a
representative, or provide a written statement of explanation will result in
forfeiture of their time slots and the use of the public access channels use for 60
days.
(5) AlsoT pProducers will be informed in writing that three section 1 section 55-444
violations within a six-month period will result in forfeiture of their time slots and
the use of the public access channels public access channel use for 60 days.
(6) If a section 1 section 55-444 violation is evident, that program media will be
removed from airing and from repeat showing, and the media will be turned over
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to the Cable Communications Commission by the PAUG Board of Directors or
cable operator for review and discussion with the producer at one of the next two
scheduled Commission meetings. Producers must take corrective action on any
programs with rule violations before they can be submitted as a second original
or repeat. Upon notification of a complaint, the producer, or a representative,
Commission meetings to discuss the violation.
for three section 1 violations during a six month period.
Lcib-
Forfeit of Use of Public Access Channels
(1) Lottery periods begin the first Sunday in June and in December. At the
lottery, PAUGs will establish a designated location for producers to deliver
weekly and monthly media.
(A) Media for the first program in a lottery period must be delivered
to the designated location before 10:00 a.m. on the Wednesday
before the first Sunday in the new lottery period.
(B) Following the first media delivery of the lottery period, cut-off
time for delivery of media for weekly programs is 10:00 a.m. on
Wednesdays each week.
(C) Cut-off time for delivery of media for monthly programs is 10:00
a.m. on the Wednesday before the first Sunday of each month.
(2) PAUGs will maintain a schedule list that indicates delivery of medias
by producers. A monthly log of these this schedules will be submitted to
the Cable Communications Commission by noon on the second Monday
within the first seven days of each month. Included with the list will be a
cover letter that lists the producers of weekly programs that failed to
supply media for airing for four (4) consecutive weeks and producers of
monthly programs that failed to supply media for airing for two (2)
consecutive months. City staff will then send written notification to the
producers who forfeit the use of the public access channels for failure to
submit media. This notification will include the date of the next scheduled
Cable Communications Commission meeting, at which time the producer
may appeal the Commission's decision. The producer or a designated
representative must appear at the next Commission meeting or provide a
written statement of explanation for their appeal to be reviewed. The
Cable Communications Commission will review the monthly delivery logs
at each Cable Communications Commission meeting and decide whether
or not to remove producers who failed to submit media as required..
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(3) If a series producer fails to supply media on time for a weekly or
monthly program, that program and series will not be aired that week or
month. _No late media will be accepted. Individual producers shall not
deliver media to the cable operator.
(4) If a weekly series producer fails to supply media by the established
time for four consecutive weeks, that producer and series will forfeit the
use of his/her time slots and the use of the public access channels
access channels for the remainder of that lottery period sixty days or until
the end of lottery period whichever is longer. If a monthly series producer
fails to supply media on time for two consecutive months, that producer
and series will forfeit the use of his/her time slots and the use of the public
access channels public access channels for the remainder of that lottery
peried six months.
of -the -next scheduled Commission meeting, at which time the producer may
appeal the Commission decision. Producers or a designated representative must
•
to be reviewed.
e; (d) Violations of Section 2 55-445 Violations
Franchised cable operators may submit complaints for violations of Section 2 55-
445 violations to the Cable Communications Commission to be placed on the
Commission meeting agenda for discussion.
d(e) . Violations of Section 3 55-446 Violations
Complaints for violations of Section 3 55-446 violations may be submitted to the
Cable Communications Commission. The Commission will notify the appropriate
PAUG of any complaints and schedule a discussion with the PAUG president
and the complaining party at the next scheduled Commission meeting._
et0_ Complaints about Cable Operators
If a producer or the PAUG Board of Directors has a complaint regarding a Cable
Operator, that complaint shall be submitted in writing, within five (5) working
days, from a producer to the PAUG Board of Directors and then from the PAUG
Board of Directors to the Cable Operator, with a copy to the Cable
Communications Commission, within five (5) working days. The Cable Operator
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12
shall respond in writing to the PAUG Board of Directors, with a copy to the Cable
Communications Commission, within five (5) working days. If a complaint is not
resolved, the producer or the PAUG Board of Directors shall submit the
complaint in writing to the Cable Communications Commission, and the item
shall be placed on the agenda for discussion at the next scheduled Cable
Communications Commission meeting."
SECTION 2. 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 of this ordinance be given full force and effect for its purpose.
SECTION 3. Publication shall be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 4. This ordinance takes effect on February 1, 2010.
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That the foregoing ordinapce was re
reading on this the day of
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
for the first time and passed to its second
, 2009, by the following vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
That the.regoing ordin nce was read for the second time and passed finally on this
the jbTh_ day of - � ..(�,t , 2009, by the following vote:
Joe Adame
Chris N. Adler
Brent Chesney
Larry Elizondo, Sr.
Kevin Kieschnick
_���
PASSED AND APPROVED, this the /�4-1" day of , C' , 2009.
ATTES
Priscilla G. Leal
John E. Marez
Nelda Martinez
Mark Scott
Armando Chapa
City Secretary
APPROVED as to form: December 2, 2009
By: o�..�/Y`r
Lisa Aguilar, Interim Attorney
Joe Adame
Mayor
28445
EFFECTIVE DATE
kWkt f)o10
13
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State of Texas
County of Nueces
}
}
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 5927269
PO#
Before me, the undersigned, a Notary Public, this day personally came
JENNIFER HOBBS, who being first duly sworn, according to law, says that she
is LEGAL SALES REPRESENTITIVE AND EMPLOYEE OF THE PUBLISHER,
namely, the Corpus Christi Caller -Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. 02844 which the
annexed is a true copy, was inserted in the Corpus Christi Caller -Times on the
12/21/2009,12/21/2009.
$ 122.94
1Time(s)
LE S R PRESENTIVE
On thisNW `day of I certify that the attached document
is a true and an exact copy made by publisher.
GWENN J. MEDINA
MY COMMISSION EXPIRES
Aupuet 2 2017
otary Public, State of Texas
4E li December 21, 2009 * CALLER TIMES;
NOTICE OF
PASSAGE OF
ORDINANCE
NO. 028445
Amending the Code
of Ordinances, City of
Corpus Christi, Chap-
ter 55 Regarding
Public Access Rules
and Procedures, to
renumber subsec-
tions; revisingand
updating Subsection
1 Rules for Participa-'
tion, Subsection 2
Technical Standards
and Production Re-
quirements,
Subsection 3 Itow
Programs are Sched-
uled and Cablecast,
Subsection 4 Defined
Terms, Subsections
Amendments to
Rules, Subsection 6 j
Violations of Rules,;'.
providing for publica-
tion; and providing an
effective date of Feb-
ruary 1, 2010.
is/Armando Chap
City Secretar_
City of Corpus Christ