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HomeMy WebLinkAboutMinutes - City Council - Regular - 3/13/1986REGULAR CITY COUNCIL MEETING MINUTES MARCH 13, 1986 The City Council Of the City of Lubbock, T2XD3 met in regular 525siUD on the 13th day of March, 1986 in the City Council Chambers, first floor, City Hall, 1625 13th Street, Lubbock, Texas at 9z00 a.m. Present: Mayor Alan Henry, Mayor Pro Te0 George Carpenter, COUOCi|0aD T. J. Patterson, Councilman E. Jack Brown, COunCilN80dD Joan Baker, Councilwoman Maggie Tr 'O, Councilman Bob Nash, City Manager Larry J. Cunningham, City Attorney John C. Ross, Jr", and City Secretary Ran8tt2 Boyd. Mayor Henry called the meeting to order at 9:00 a.m. 86-45-I19-I81 / l.\ The Invocation was given by Assistant City Manager Rita P. Harmon. / 2"\ The Pledge of Allegiance to the Flag was given in unison by those in the Council Chambers. 96-45-1I9-183 / 3~\ PROCLAMATIONS "ABC Rodeo Month" March, 1980 PRESENTATIONS AIRMAN OF THE QUARTER Airman First Class Donald C. Danford NON-COMMISSIONED OFFICER OF THE QUARTER Technical Sergeant Michael G. Burns ( 4~\ Motion was 0ddg by Mayor Pro Tem Carpenter , seconded by Councilman Patterson to approve the Minutes of the February 27, 1986 Regular City Council Meeting as written. Motion carried: 7 Yeas; O Nays 86-45-119-185 / 5~\ Ken Flagg will appear to request change to Ordinance governing fees for permits and licenses. The City Secretary received a letter, dated March 4, 1980, from Ken Flagg requesting that he be allowed to speak regarding some proposed changes to Section I-I0 of the City of Lubbock Code of Ordinances. Mr~ Flagg requested that Council establish a method by which interested Citizens may secure advance 1nfUr0dti0O regarding subjects to be presented to and acted on by the Planning and Zoning Commission and the City CUU0Cil~o His proposal would involve the following: l. Section l-lO of the Code of Ordinances requires that the Finance Director dOOUOl|y adjust the fees to keep them in line with the actual cost of providing the applicable services. The proposed revision would require d Public Hearing prior to raising fees for permits and licenses. The City would also be required to mail notices of the hearings to any party who registers with the City. Currently, all Public Hearings are advertised and posted in accor- dance with the Open Meetings Law UO7e5S State Or Federal laws require more effort on our part. 120 March 13, 1986 2. The City Manager would be required to establish a "subscription service" to provide interested citizens with copies of all agendas, minutes, staff comments and other pertinent information for City Council meetings as well as all City board and commission meetings. This information is requested to be sent to the subscribers of this service at least ten days prior to any Council, board or commission meeting. Bill D'Allessandro, representing the Hotel -Motel Association and the Lubbock Restaurant Association, and Ron Huckaby, representing the Lubbock Board of Realtors, indicated the support of the groups they represent. After discussion, motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Brown to receive the request and take it under advisement and get back with requestors at a subsequent meeting. Motion carried: 7 Yeas; 0 Nays. 86-45-120-186 ( 6.) ORDINANCE #8893--Zone Case #2554 (34th Street and Wausau Avenue) --Request of Harold P. Brown, Jr., for Southwest Prestressed Concrete, Inc. for a change of zoning from to M-2 on tract of land out of Section 29, Block A-K. ORDINANCE #8893 ORDINANCE NO. 8893 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2554; A CHANGE OF ZONING FROM T TO M-2 ZONING DISTRICT, LIMITED TO: 1) CONCRETE PRODUCTS MANUFACTURING AND 2) USES UNCONDITIONALLY PERMITTED IN THE M-1 ZONING DISTRICT, UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF AND OUT OF SECTION 39, BLOCK A-K, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 86-45-120-187 ( 7.) ORDINANCE #8898--Zone Case #2555 (106th & Quaker .Avenue) --Request of Cam Fannin for Southcrest Baptist Church for a change of zoning from T to A-2 on a tract of land out of Section 16, Block E-2. ORDINANCE #8898 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 7084 AND THE OFFICIAL MAP OF THE CITY OF LUBBOCK SO AS TO MAKE THE FOLLOWING CHANGES: ZONE CASE NO. 2555; A CHANGE OF ZONING FROM T TO A-2 ZONING DISTRICT, LIMITED TO A CHURCH AND CHURCH RELATED USES, UNDER PROVISIONS OF SECTION 29-29 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, ON A TRACT OF LAND OUT OF SECTION 16, BLOCK E-2, LUBBOCK COUNTY, TEXAS; SUBJECT TO CONDITIONS; PROVIDING FOR A PENALTY AS PROVIDED FOR IN SECTION 29-31(a) OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. 86-45-120-188 ( 8.) ORDINANCE #8894--Amending Chapter 29 of the Code of Ordinances by adding to Section 29-3(a) a definition for "Game -room, Pool Hall or Billiard Parlor by permitting five or less coin -operated machines as an incidental use inthethe "C-A and C-2A Zoning District. ORDINANCE #8894 AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES, CITY OF LUBBOCK, ENTITLED "ZONING," BY ADDING TO SECTION 29-3 A DEFINITION FOR "GAME ROOM, POOL HALL OR BILLIARD PARLOR;" BY PERMITTING FIVE OR LESS COIN -OPERATED MACHINES AS AN INCIDENTAL USE IN THE "CA" AND "C-2A" ZONING DISTRICT; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. March 13, 1986 121 86-45-121-189 / 9,\ ORDINANCE #8896--Abolishing thek of Police establishing second position of Assistant Police Chief. ORDINANCE ORDINANCE NO. 8896 --' AN ORDINANCE AMENDING ORDINANCE NO. 8803, AN ORDINANCE APPROVING AND ADOPTING A BUDGET FOR THE CITY OF LUBBOCK, TEXAS, FOR FISCAL YEAR 1985- 1986, BY ABOLISHING THE RANK AND CLASSIFICATION TITLE OF "POLICE MAJOR" IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, AND ESTABLISHING A SECOND POSITION IN THE RANK AND CLASSIFICATION TITLE OF "ASSISTANT POLICE CHIEF" IN THE POLICE DEPARTMENT OF THE CITY OF LUBBOCK, TEXAS, BY PROVIDING THAT THE RANK AND CLASSIFICATION TITLE OF "POLICE MAJOR" DE ABOLISHED AND PROVIDING THAT THE RANK AND CLASSIFICATION TITLE OF "ASSISTANT POLICE CHIEF" BE ESTABLISHED AND THEREBY INCREASE THE NUMBER OF SUCH FUNDED CLASSIFICATION TITLES FROM ONE POSITIONS; / /l\ POSITION TO TWO 2\ PROVIDING `' `' ` A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. Motion was 0ddp by Councilman Patterson,, seconded by Councilman Nash passing on second and final reading Ordinance #/S 8893, 8898^ 8894 and 8896 as recommended by the Planning and Zoning CV00is3i0O and City 8taff, Motion Carried: 7 Yeas; 0 Nays. 86-45-12I-190 /IO.\ Consider Resolution #2266 approving thedesign for the Brownfield Expressway Corridor in the Lubbock Urban Transportation Plan. RESOLUTION #2266 RESOLUTION WHEREAS, the Lubbock Urban Transportation Plan is the official document for guiding development of expressway and thoroughfare improvements in the City of Lubbock; and | �| WHEREAS, the Lubbock Urban Transportation Plan continues to - indicate the Deed for an expressway corridor along the Brownfield Highway from Southwest Loop 289 to 4th Street and along 4th Street to the intersection with Interstate Highway 27; and WHEREAS, recent consulting engineering studies reconfirmed the D28d for this expressway Corridor; and WHEREAS, cooperative studies between the State Department of Highways and Public Transportation, Texas Tech University, the City Of Lubbock, and consultant engineers have resulted in an acceptable general plan for this expressway corridor, NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Council endorses and approves the Brownfield Expressway Corridor Plan dated March 5, 1986, prepared by the firm Of H.D.R. Infrastructure Inc. Of Dallas, Texas, and further described as a four -lane expressway with grade separation from Southwest Loop 289 to 19th Street, and d four -lane depressed section from 19th Street to 4th Street and along 4th Street to a point east of University Avenue; and eastward along d 3rd Street/4th Street corridor to the inter- section with Interstate Highway 27, which Said plan is available in the office Of the Director of Transportation for the City Of Lubbock, Texas. PdSG8d by City Council this 13th day Of March, I986" /s/ Alan Henry 8LAN HENRY, MAYOR ATTEST: RdDette Boyd, City Secretary APPROVED AS TO CONTENT: Jim Bertram Jim Bertram, Assistant City Manager APPROVED AS TO FORM: |! /s/ Laura Monroe 122 March 13, 1986 This Plan has been developed by the firm Of HDR, in cooperation with the City Of Lubbock, State Department of Highways and Public Transportation, and Texas Tech University, and besides its presentation Council at this 0petiOg,it will be presented to representatives Of Texas Tech March 13, with action by the Regents expected for Friday, March 14, 1986° Upon approval by both the City Council and Tech Board of Regents, the Plan will be presented to the State Highways and Public Transportation CO00iSSiUD UD March 31, 1986° Staff recommended d change in wording in the proposed Resolution from "couplet" to "corridor", and with this change recommended that Council pass the Resolution authorizing the d25iyO concept for the Brownfield Expressway Corridor in the Lubbock Transportation Plan. Motion was made by Councilman Brown, seconded by CVUnCf|maO Nash authorizing Resolution #2266 as recommended by City Staff. Motion carried: 7 Yeas; 0 Mays. 85-45-182-I91 (11") Consider Resolution #2267 accepting pavingimprovements constructed by Kings Row Addition, Lots 1-46 and on 96th Cost Estimate and Cost Street from Orlando Avenue to Quaker Avenue. Distribution in Files RESOLUTION #2267 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in C0OfOr0dDce with the paving requirement provisions of City Ordinance I331, the subdivider Of Kings Row Addition, Lots l thrU 46 0dd8 arrangements with Kerr Construction Company for the construction of paving improvements on certain streets dedicated in said subdivision Under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the following streets: 85th Street from its intersection with the east lip line of Oxford Avenue to and including cul-de-sac east Of Oxford AV8OU8 and desig- nated as New Subdivision Sub -Unit Number 30 of Unit Number 2032. 85th Street from Quaker Avenue to its intersection with d line 815 feet east of Quaker AVe0U2 known and designated as New Subdivision Sub -Unit Number 31 of Unit Number 2032° 86th Street from Quaker 8YeDUe to its intersection with the center line Of Oxford Avenue known and designated as New Subdivision Sub -Unit Number 32 Of Unit Number 2032^ Orlando Avenue from 84th Street to 620 feet south Of 84th Street known and designated as New Subdivision Sub -Unit Number 33 of Unit Number 2032. Oxford Avenue from 84th Street to 880 feet south Of 84th Street known and designated as New Subdivision Sub -Unit Number 34 of Unit Number 2032. Oxford Avenue from 86th Street to alley north of 87th Street known and designated as New Subdivision Sub -Unit Number 35 of Unit Number 2032~ 96th Street from alley west Of Orlando Avenue to Quaker Avenue known and designated as New Subdivision Sub -Unit Number 36 of Unit Number 2032; and WHEREAS, the construction of the above i0pr0Ve08OtS 00 the above - mentioned streets was performed under the supervision of the City Engineer, and Said improvements have been completed and have been inspected and found to have been constructed in accordance with City specifications and in accordance with the provisions of City Ordinance I331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION }^ THAT the i0pr0VBD8Ots on said portions of the above - mentioned streets he and the same are hereby accepted and the City Engineer be and he is hereby authorized to notify the Developer of acceptance by the Lubbock City C0UDCil° March 13, 1986 123 SECTION 2" THAT this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of March, 1986. MAYOR /s/ Alan Henry ALAN HENRY, ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: John C. Ross, Jr., City Attorney 86-45-123-192 /I2.\ Consider Resolution #2268 accepting pavingimprovements constructed by Kerr Construction Company in Axe -Henderson Consolidated Final Estimate 8OOltlOD L0r3 lU and 11. in Files RESOLUTION #2268 RESOLUTION RESOLUTION ACCEPTING IMPROVEMENTS ON PORTIONS OF STREETS AND AVENUES AS LISTED BELOW: WHEREAS, in conformance with the paving requirement provisions of City Ordinance 1331, the subdividers Of Axe -Henderson Addition, Lots 10 and Il made arrangements with Kerr Construction Company for the construction of paving improvements On certain streets dedicated in said subdivision under the provisions of said Ordinance prior to the recording of the subdivision plat of the above -mentioned addition including the the following streets: South I/2 Of 50th Street from its intersection with the west property line of Lot II to its intersection with the east property line of Lot lO known and designated as New Subdivision Sub -Unit Number 26 Of Unit Number 2032. North I/2 of 51st Street from its intersection with the west property line of [0t 11 to its intersection with the east property line of Lot \O known and designated as New Subdivision Sub -Unit Number 27 Of Unit Number 2032° South I/2 Of 50th Street from its intersection with the west property line of Lot 14 to its intersection with the east property line Of Lot 12 known and designated as New Subdivision Sub -Unit Number 92 of Unit Number 2031" North 1/2 Of 51St Street from its intersection with the west property line Of Lot 14 to its intersection with the east property line Of Lot 12 known and designated as New Subdivision Sub -Unit Number 93 of Unit Number 203I; and WHEREAS, the construction Of the above improvements on the above - mentioned Streets was performed Under the supervision Of the City Engineer, and said improvements have been completed and have been inspected and found to have been CODStrUCt2d in accordance with City Specifications and in accordance with the provisions of City Ordinance 1331; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION I~ THAT the improvements on said p0rt1003 of the above - mentioned streets be and the same are hereby accepted and the City Engineer be and he is hereby authorized to direct the payment Of the Citv/s portion Of the cost and to release escrow money in the amount of $2,083.83. 124 March 13, 1986 SECTION 2. THAT this resolution shall take effect and be in force from and after its passage. Passed by the City Council this 13th day of March, 1986. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Motion was made by Councilman Patterson, seconded by Councilwoman Trejo authorizing Resolution #'s 2267 and 2268 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. %8IMIS'MiUMMI (13.) Consider Ordinance #8899 to abandon and close a portion of a Utility Easement between Lot 1 and Lot 2, Quan Addition. ORDINANCE #8899 ORDINANCE NO. 8899 AN ORDINANCE ABANDONING AND CLOSING A PORTION OF A UTILITY EASEMENT LOCATED IN THE TED QUAN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This request was for the City of Lubbock to abandon and close a Utility Easement located at 19th Street and the Brownfield Highway. Mr. Ted Quan is selling the land to for the purpose of commercial development. The request is to close the north 150.20' of the North/South Utility Easement. It contains 2211.6 square feet (0.05 acres) and was dedicated by Mr. Quan, so there is no charge for the land. Motion was made by Councilman Brown, seconded by Mayor Pro Tem Carpenter passing on first reading Ordinance #8899 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-124-194 (14.) Consider Resolution #2269 accepting a Quit Claim from Santa Fe Land Improvement Company for interest in an Santa Fe Pacific Realty Corpi abandoned right-of-way between Avenue P and 4th Street on Letter w/ Acceptance in Files Avenue 0. RESOLUTION #2269 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the City of Lubbock accepts a quitclaim from Santa Fe Land Improvement Company of all its interest in Railway Track No. 108 crossing at Avenue 0 immediately north of 4th Street in the City of Lubbock, Lubbock County, Texas, as shown on map attached to letter of quitclaim from said company dated February 17, 1986, copy of which is annexed hereto and made a part of this Resolution. SECTION 2. THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute a letter of agreement dated January 30, 1986 to be � nnI nzen in favnr of Qnnta Fo 1 anal Tmnrn%inmant rmmnanv anti Tho atrhi cnn March 13, 1986 125 future, in connection with or resulting from Avenue 0 as aforesaid, a copy of said letter hereto and made a part of this Resolution. Passed this 13th day of March, 1986. ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ J. Worth Fullingim J. Worth Fullingim, Assistant City Attorney 86-45-125-195 (15.) said Tract 108 and crossing at of agreement being attached /s/ Alan Henry ALAN HENRY, MAYOR This Resolution authorizes acceptance of the aban- doned Santa Fe crossing of Avenue 0 as is with trackage in the street. The street crossing was made in past years during Urban Renewal development of that area without a railroad crossing permit. Santa Fe Land Development Company will donate to the City the land in the crossing and solve the problem. Motion was made by Councilwoman Trejo recommended by City Nays. Consider Ordinance of an east/west al and 40. Gatewood A Councilman Nash, seconded by authorizing Resolution #2269 as Staff. Motion carried: 7 Yeas; 0 900 to abandon and close a portion between Lots 21 and 22, and Lots 39 on. AN ORDINANCE ABANDONING AND CLOSING PORTIONS OF A 20-FOOT ALLEY IN THE GATEWOOD ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED IN THE BODY OF THIS ORDINANCE; DIRECTING THE CITY ENGINEER TO MARK THE OFFICIAL MAPS OF THE CITY OF LUBBOCK TO REFLECT SAID ABANDONMENT AND CLOSING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. This Ordinance allows the closure of an alley at 80th Street and University to allow the construction and expansion of a Kentucky Fried Chicken restaurant and parking lot. Utilities will be relocated into a new dedicated alley (the east 20' of Lot 38) which will open onto 80th Street. The closed alley will remain as a Drainage Easement and will be between the restaurant and its parking lot. It consists of 2,820'. They will dedicate the new alley to the south with the old alley as a Drainage Easement, leaving no cost to Ben and Shirley Edwards (owners of the restaurant) for the closure. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing Resolution #2269 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-125-196 (16.) Consider Resolution #2270 authorizing the Right -of -Way Department to make a formal offer for four tracts of land located in the southwest quarter of Section 18, Block A. RESOLUTION #2270 126 March 13, 1986 PPcnl IITT()N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a contract for the purchase of Drainage Easements by Lester 0. Moore, Martha Moore and Treva Rae Weaver to said City, a copy of which is attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Said City is to receive drainage easements as consideration therefor. Passed by the City Council this 13th day of March, 1986. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Tom Nivens Tom Nivens, Right -of -Way Agent NI...i _1 �i 1' /s/ Harold Willard Harold Willard, Assistant City Attorney This Resolution authorizes the Right -of -Way Department to make a formal offer to Lester 0. Moore and others for four tracts of land located on North Quaker between the Loop and Clovis Road. These tracts are needed for drainage easements draining North Quaker to the east. The four tracts consist of 1.8 acres - calculated: 1.80 acres x $6,000 x 90% = $9,720.00. The price of an Easement -is generally considered 90% of the fee value, and the City must now buy the easements and fund the building of an irrigation line ($3,692.25) because the drainage ditches will preclude the surface flow of the irrigation supply water. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing ResolutioN #2270 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-126-197 (17.) Consider Resolution #2271 authorizing the Mayor to sign a Release of a Vendor's Lien. Executed Deed in Files RESOLUTION #2271 DFCf)l IITTAN WHEREAS, the City of Lubbock by resolution and deed conveyed certain hereinafter described parcels or tracts of land to Lynnmark Investment Company, Buddy K. Hughes Company and Willojak Corporation on June 27, 1961; and WHEREAS, the City received from said grantees $28,650.85 in cash and retained in said deed one vendor's lien note in the amount of $85,952.55 as consideration for said conveyance; and WHEREAS, the principal amount due the City pursuant to said vendor's lien note, together with all applicable interest, has been paid in full to the City; and WHEREAS, it appears that said vendor's lien should be released and it would be in the best interests of the City of Lubbock to release the same; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a release of the vendor's lien recorded in Volume 846, Page 587 of the Deed Records of Lubbock Countv. Texas. insofar as it aDDlies to the parcels or tracts of }27 All that part of Survey No. Seventeen /I7\ in Block D-5, E.L. & R.R.R~R" Co. Surveys in Lubbock County, Texas, certificate No. 1244^ patented to Charles H. Kent assignee, Patent No. 2, Vol. 53, lying South of the Santa Fe Railroad Company right of way and containing 530"23 acres of land more or less; and excepting certain tracts described by metes and bounds in said deed. Passed by the City Council this 13th day of March, 1986. ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Nivens Tom Nivens, Right -of -Way Agent /s/ Alan Henry ALAN HENRY, MAYOR APPROVED AS TO FORM: Haroldi]l Harold Willard, Assistant City Attorney This Resolution allows the Mayor to execute a Release Of Lien UO the surface land of the Shdll0water Well Field. The present Vu08r of the land is asking for the Release presumably to sell the land. The surface was purchased by Lvnnmark Investment Company, Buddy K. Hughes Land Company and WillU'dk Corporation on June 27, I961~ The 530.23 acres were sold for $114,603.40, with $28,050.85 in CdSh and a Vendor's Lien for $85x952"55 as considera- tion. The Lien was paid in full on June 30, 1965° Motion was made by Mayor Pro Tem Carpenter, seconded by Councilman Patterson authorizing Resolution #227I as recommended 0, by �1tv Staff. MV��0O carried: 7 Y8�S^ -^ . 80-45-127-I98 /18°\ Consider Ordinance 8901 amending to Chapter 12 of the Code of Ordinances pertaining to Food Processing Permit ORDINANCE NO. 8901 AN ORDINANCE AMENDING CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO PERMIT FEE AMOUNTS FOR FOOD PROCESSING ESTABLISHMENTS SUBJECT TO DAILY FEDERAL OR STATE INSPECTION; PROVIDING A PENALTY^, PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. , Historically, the City Of Lubbock has treated all Food Pr0Ce380r3 alike, and currently inspects each of the 79 R}0d Pr0Ce3S0r5 four times annually. Approximately 8 of those processors are also inspected on a daily basis by Federal or State inspectors. A representative Of these O processors met with the City Staff and the Board of Health requesting an adjustment in their fees due to the fact that the frequency of State and Federal inspections minimizes the need for quarterly City inspections. In reviewing the inspection reports of establishments inspected daily by other agencies, it was found that the City Health Department had Very few problems with those establishments. Staff recommended keeping those estab- lishments Under the permit system and reducing the inspections from 4 per year to l per year and further reducing the permit fee, because of the daily inspection completed by federal or state agencies. The Board of Health unanimously voted to lower the fee of any processing establishment inspected on d daily basis by another governmental agency to one -quarter of the assessed fees. The new fees for processing establish- ments inspected daily by another governmental agency would be as follows: 128 March 13, 1986 Establishment Size by Square Footage 0 to 1,000 1,001 to 3,000 3,001 to 5,000 5,001 to 10,000 Over 10,000 Fee for Establishments Fee Inspected Daily $255.00 $ 64.00 $340.00 $ 85.00 $425.00 $106.00 $515.00 $129.00 $595.00 $149.00 The revenues received from these eight facilities is $2,720 per year. With the reduced schedule, the City would receive $620 per year. This Ordinance reflects the current "base" fees as established by Council on September 30, 1984. These "base" fees are used by the Director of Finance in calculating the current "assessed" fee. The Amendment would change the method of calculating the fee for food processors inspected daily and allow these to be charged one -quarter of the current assessed fee. It was recom- mended that the method for calculating fees for food pro- cessors inspected daily be approved. Motion was made by Mayor Pro Tem Carpenter, seconded by COuncilman Patterson passing on first reading Ordinance #8901 as recommended by the Board of Health and City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-128-199 (19.) Consider Resolution #2272 authorizing the Mayor to execute Interlocal Governmental Agreements for Mutual Aid Agreement for Mutual Aid between the City of Lubbock Fire Department and Reese Air in Files Force Base. RESOLUTION #2272 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock any and all Interlocal Cooperation Agreements For Mutual Aid by and between the City of Lubbock and any and all other political subdivisions of the State of Texas or the federal government for the purpose of assisting each other in the prevention and suppression of fires, and to otherwise aid other fire departments, and to provide necessary assistance and mutual aid to protect health, life, and property, and to offer fire department services as allowed pursuant to such Agreements, and to increase the ability to preserve the safety and welfare of the areas enforced pursuant to such Agreements, and to secure the benefits of Interlocal cooperation for mutual aid, a copy of such Agreement attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of the Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of March, 1986. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Horace Anglin Horace Anglin, Acting Fire Chief APPROVED AS TO FORM: /s/ Ken Johnson Ken Johnson, Assistant City Attorney The current Mutual Aid Agreement that the City of Lubbock has with Reese Air Force Base was signed in 1984. Although the Agreement does not have an expiration date, it has been the practice of Reese Air Force Base to request a renewal with the change of Wing Commander, which is about every two years. The provisions of the 129 ror I. Upon request from the Lubbock Fire Department, fire fighter equipment and personnel Of Reese Air Force Base would be dispatched to any area served by the Lubbock Fire Department. 2" Upon request from the Reese Air Force Base Fire Department, the Lubbock Fire Department would be dispatched to any area within the jurisdic- tion Of Reese Air Force Base. 3. All requests for did would include 8 statement requesting the d00UDt and type Of equipment, the number of personnel, and the location needed, 4. The requesting organization shall be in command of the fire fighting 3ceO8^ In the event Of a crash of a military aircraft or aircraft of d foreign nation, Reese Air Force 8ds8 would assume full CO00dnd upon arrival. 5. The Lubbock Fire Department may request re- imbursement for direct expenses and l0SSeS which are additional COStS above the normal operating 9Xp2OS85 incurred. U. Each party would waive all claims against every other party for Cmnp8n5dt1On for any loss, damage, or personal injury Or death incurred as a C0OSeqU8Oce of the performance Of the agree- ment. This last prVYiS1OD protects the City of Lubbock against claims, but also exposes the City in some respects. Reese Air Force Base would be prohibited from filing claims against the City while the City is r2Sp0Od1Og to their request for services; however, the City of Lubbock could not file suit against Reese while Reese is providing services for the City of Lubbock. 88CaUs8 Of the number of personnel and dmOUDt of equipment OSs1yM8d to Reese, it is unlikely that Reese Air Force Base would request services of the City Of Lubbock. The last request of services from Reese Air Force Base to the City of Lubbock was 8-I0 years ago. This Resolution authorizes the Mayor to sign this Agree- ment and routine extensions of this Agreement as long as the provisions remain basically the same. Staff recom- mended approval. Motion was made by Councilwoman Tre'0, seconded by C0U0Cilw00dn Baker authorizing Resolution #2272 as recommended by City Staff. Motion carried: 7 Yeas; O Nays. /20~\ Consider Ordinance 8902 amending Chapters l and 23 of the Code of Ordinances regarding surcharges for hauling Fe-f-u-s-e-7-n- uncovered vehicles. ORDINANCE #8902 ORDINANCE NO. 8902 AN ORDINANCE AMENDING CHAPTERS I AND 23 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, WITH REGARD TO THE SURCHARGE AMOUNT FOR HAULING GARBAGE AND REFUSE IN AN UNCOVERED VEHICLE AND MAKING THE OWNER OR OPERATOR OF SUCH UNCOVERED VEHICLE RESPONSIBLE FOR SUCH SURCHARGE AMOUNT; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. In an effort to reduce the litter occurring UO the approaches to the Landfill by uncovered trash haulers, the City has reviewed its enforcement measures and activities. Currently, a $5 fee is assessed by Landfill personnel to operators Of a vehicle that is not covered in d manner to prevent spillage during transit. In addition, the Police Department can stop d 0VViOg vehicle not properly covered and issue O citation. Experience has shown that many times haulers would rather pay the $5 fee than take the time and trouble to cover their load. Staff recommended that the Ordinance be amended to 130 March 13, 1986 85-45-I30-201 (2l°) Water Rights Purchase Agreement in Files l~ The $5 fee currently OSSe5sBd be increased to d $15 surcharge. 2" Adding d new provision that holds the regi- stered owner Of the vehicle responsible for the 0dDOer in which the vehicle is operated. A vehicle that i5 used to haul waste materials in an uncovered condition shall be prima facie proof of a violation and the registered Owner would be held responsible for the Vehicle not having the load covered to prevent the loss and discharge of waste material. This last provision allows Sanitation personnel to file a complaint in Municipal Court for 08V1Og violations and uncovered vehicles that arrive at the Landfill. Staff indicated that 0UCh of the problem exists during the spring and summer months with people cleaning out their garages and cleaning up yards. TO inform the public, a card outlining these requirements will be printed and distributed to anyone seeking construction permits. A brief explanation will be included on "City Hall Update", a radio public service OnMOVOC20eDt" It was recommended that this Amendment be approved. Motion was made by Councilman Patterson, seconded by Mayor Pro Tem Carpenter passing on first reading Ordinance #8902° Motion carried: 7 Yeas; U Nays. Consider Resolution #2273 authorizing the execute a Sales Contract for purchase of water rights. .RESOLUTION #2273 FIMTHEIRIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City Of Lubbock BE and is hereby authorized and directed to execute for and VO behalf of the City of Lubbock d Water Rights Purchase Agreement by and between the City of Lubbock and J. D. Cage and wife, Julie Alexander Cage of Bailey County, Texas, attached herewith, which Shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be d part of this Resolu- tion OS fully copied herein in detail. Passed by the City Council this 13th day of March, 1986. MAYOR /s/ Alan Henry ALAN HENRY, ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Samuel W. Wahl Sam Wahl, Director of Water Utilities APPROVED AS TO FORM: Donaldi Donald G. Vandiver, First Assistant City Attorney This tract of land is located in Bailey County and is the one for which the City has been negotiating with Travelers Insurance Company. Mr. J.D. Cage and Travelers have reached an Agreement for him to purchase the surface and the water rights C0DtiOUeOC upon selling the water rights on the property to the City. This is the tract that was previously owned by Crow Cattle Company and was foreclosed on by Travelers January l, 1985. The property consists of I,454^1 acres and the price is $300 per acre~ Staff recommended the purchase Of this property inasmuch as one portion is within our existing water rights and .L- L-`---- 4- -A'----� — _­ March 13, 1986 13} in the Bailey County area and will use the remainder of funds allocated for that project. Staff recommended that this Resolution be approved. Motion was made by CVUDCf{0an Brown, seconded by CUUnci|#VmdO Tr '8 authorizing Resolution #2273 as recommended hv City Staff. Motion carried: 7 Y�d�` O _^ . , 86-45-13I-202 /22°\ Consider Ordinance iOrdinance modifying the provisions of the Committee for Women. ORDINANCE #8903 ORDINANCE NO. 8903 AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, ENTITLED "ADMINISTRATION," BY RENEWING THE CREATION OF THE COMMITTEE FOR WOMEN AS A COMMITTEE INDEPENDENT OF THE COMMUNITY SERVICES COMMISSION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLI- CATION. The Committee for Women was created in June 1984 to serve as an advisory body to the City Council concerning the needs, problems, and contributions of women in the community. Through its work, the Committee Seeks to improve the quality Of life for the entire Lubbock Ordinance #86I0 created the Committee for Women as a Subcommittee Of the Community Services Commission since initially it was felt that the Committee for Women and the Community Services Commission would be working on similar Or related problems. The Ordinance specified that the membership for the Committee for W0O8D be CmOp0Sed of ll members appointed by the Council for two years; that Council designate three members of the Community Services Commission to serve as ex-OfficiO members; and that City Council appoint the chairperson for the first year. The Ordinance required the Committee to develop a two-year Work Plan to be reviewed and approved by the [0UOCil, with a review of the Plan at the end of the two-year period for the purpose of determining if the need still existed for the Committee. At its second meeting in February Council heard a report from Committee Chairperson Marjorie Kast0dD and determined the Committee should be continued. tee'S work. In response to requests presented on behalf Of the Committee by MG. KaStman, Council directed that Ordinance #8610 be amended to modify the prOYiSiOD3 for the Commit- tee for WO08O as follows: I" That the Committee be established as a separate committee rather than 8 subcommittee under the Community Services Commission. 2. That all members of the Committee be appointed by the City Council and eliminate designated members from the Community Services Commission serving as ex-offiCi0 members. 3° That the Size Of the Committee be increased from the present 14 members to 17 members, with provisions for staggered terms. The Committee for Women reviewed these provisions and recommended the adoption of the Amendments. Motion was made by CVUOCil0DD Nash, seconded by Mayor Pro Tem Carpenter passing OD first reading Ordinance #8903, On recommendation of the Committee for Women. Motion carried: 7 Yeas; 0 Nays. 80-45-I32-203 /23.\ Consider Resolution #2274 authorizing thei Contract for Architectural Services for the renovit'ion Agreement in Files and construction of a Centralized Communication Facility in the Municipal Square Build7g, 916 Texas Avenue. 132 March 13, 1986 PFq0|UTTON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor Of the City Of Lubbock be and is hereby authorized and directed to execute for and on behalf of the City of Lubbock d contract between the City of Lubbock and MCLarty^ Smith, Meyer Architects AIA for the construction of d CV00UOiCdtiO0 center in the Municipal Square Build- ing, 915 Texas Avenue, attached herewith which shall be spread upon the minutes of the Council and as spread upon the minutes Of this C0U0Ci} Shall constitute and be d part of this resolution as if fully C0p18d herein in detail" Passed by the City Council this 13th day of March, 1986. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: Bill Payne, Assistant City Manager APPROVED AS TO FORM: Donalddi Don Vandiver, First Assistant City Attorney In work session on February 27, City Council reviewed recommendations for architectural service for the r8n0VdtiOD and construction of d Centralized C000UO1catiOD Facility. C0UOCi\ authorized Staff to negotiate d Contract with McLdrtv, Smith, and Meyer Architects. A total of $200,000 in Revenue Sharing Funds is allocated for this project. The estimated COSt of the demolition and construction phase of the work is estimated to be $70,000, and the balance of funds will be Used for furniture and equipment. Therefore, the archi- tectural fee is based OD estimated construction cost and is not to exceed $5,200 using hourly rates. Staff recommended approval of this Contract and fee. MVt1OD was made by Councilman Nash, seconded by Councilman Patterson authorizing Resolution #2274 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-I32-204 /24.\ Consider OrdinanceO O4 amending Ordinance 7809 concerning the City of Lubbock's Deferred Compensation ORDINANCE #8904 ORDINANCE NO. 8904 AN ORDINANCE AMENDING ORDINANCE NO. 7804 OF THE CITY OF LUBBOCK, WHICH ORDINANCE PROVIDED THE PARTICULARS OF A DEFERRED COMPENSATION PLAN FOR CITY EMPLOYEES, MODIFYING AND CHANGING SAID ORDINANCE TO CONFORM TO CHANGES IN IRS REGULATIONS. UO July I, 1978, the City Of Lubbock adopted d Deferred Compensation Plan for the employees Of the City of Lubbock. This Plan was later amended in February, 1474 to comply with the temporary rules issued by the Internal Revenue Service applicable to Public Deferred Compen- sation Plans. Since the City's Ordinance was originally adopted, the Internal Revenue Service has adopted final rules applicable to Public Sector Deferred Compensation Plans. There are no substantive changes in the Amendments, as 133 payment benefits UpU0 death of the participant, and the addition Of a S8CtiOD prohibiting benefits from being assigned, transferred, Or garnished. The A020d02Dts to Ordinance #7809 will bring the City Of Lubbock's Deferred Compensation Plan into CWnp|idOCe with the Internal R8YSDUe Service's codes and reqUir8neDt8. Motion was made by Councilwoman Tr 'o` seconded by CoUnC1l0OD Patterson passing On first reading Ordinance |� #8904 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 85-45-133-205 /25.\ BID #8850--Automobiles (Garage). Fenner TVbbs--/20\ intermediate 4-door sedans; /2\ full-size /4\ door sedans; /32\ marked police units; (7) unmarked police units. Motion was made by Mayor Pro T80 Carpenter, seconded by Councilwoman Tr 'O authorizing low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 85-45-133-206 /20~\ BID #8851--Light trucks (Garage). SC0ggiO-Dickey Buick C0"--/l\ 4x4 Police UOit;/l\ 1/2 ton pickup; /I\ 3/4 ton pickup w/Sp0tl1 ht; (l) 3/4 ton crew; l 1/2 ton 4X4 long wheel base; /l\ 3/4 ton cargo Van; /l\ l-ton passenger van; /l\ 3UbUrbdD, Gene Messer Ford --/I\ 3/4 ton 44;/4\ economy pickups; (2) 3/4 ton 44° Motion was made by Mayor Pro T8m Carpenter, seconded by CVUOCilNO0dn Tr 'O authorizing low bid meeting specifications. Motion carried: 7 Yeas; O Nays. 86-45-I33-207 /27,\ lradios A ` ' --- ^~ , G.E. Mobile Radio--5 VHF portable radios; 2 VHF portable radios w/Y8hiCUldr/deSk chargers; 27 VHF mobile radios; 26 UHF portable radios; l UHF portable radio w/ desk Charger; 5 desk chargers; 9 UHF portable radios; Motorola Communications & Electronics--4 UHF motorcycle radios. M0t1VO was made by Mayor Pro T8m Carpenter, seconded by Councilwoman Tr '0 authorizing low bid meeting specifications. Motion Carried: 7 Yeas; 0 Nays. 86-45-I33-208 /28.\ 8 986 Street Maintenance Program, and authorize Contract in Files same ngineering Department) - RESOLUTION #2275 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City Of Lubbock BE and is hereby authorized and directed to execute for and on behalf Of the City of Lubbock d Contract between the City Of Lubbock and Capr0Ck Highway Construction Company, for the 1986 Maintenance Program in the City of Lubbock, Lubbock County, Texas, attached herewith, which shall be spread Up0D the minutes of the Council and as spread UpVO the minutes of this Council shall constitute and be a part Of this Resolution as fully copied herein in detail. Passed by the City Council this 13th day of March, 1986. Alan Henry ALAN HENRY, MAYOR ATTEST: Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, City Engineer APPROVED AS TO FORM: Fullingim J. Worth FulliDgi0, Assistant City Attorney COpr0ck Highway Construction --Seal Coating Project of patching on existing paved streets ahead of two -course construction. Motion was made by Mayor Pro Tem Carpenter, seconded by C0U0cjlN80dO Tr 'O authorizing Resolution #2275 as recommended by City Staff. Motion Carried: 7 Yeas; 0 Nays. 86-45-I34-209 /2g~\ BID #8875--Packer bodies (Garage). EMCO Manufacturing--(3) 30-C.y. side -loading packer bodies PAK-M0R Manufacturing--(I)3I-C,y. front -loading packer bodies Motion was made by Mayor Pro Tem Carpenter, seconded by CUUnCilw00dD Tr 'o authorizing low bid meeting specifications. Motion carried: 7 Yeas; 0 Nays. 86-45-134-210 (3O.) Bid #8876--Truck Cab and Chassis (Garage). West T8XdS Truck Center --I motor truck cab and chassis to accommodate 31-c.y. front -loading packer body. South Plains International Trucks, Inc.--5 motortruck Cab & chassis to accommodate 30-c°y° side -loading packer bodies. Motion was 0dd8 by Mayor P[0 T80 Carpenter, seconded by C0UDcilwO0dO Tr 'O authorizing low bid meeting specifications. Motion Carried: 7 Yeas; 0 Nays. 85-45-I34-21I /3l,\ BID #8882--Waste gas burner (Water Reclamation 8r0th Equipment Corporation--1 waste gas burner equipment Motion was 0dd8 by Mayor Pro T8m Carpenter, seconded by Councilwoman Tr '0 authorizing low bid meeting specifications. Motion carried: 7 Yeas; U Nays. 80-45-134-212 March 13, 1986 135 Contract in Files RESOLUTION #2276 9KTITKRE Me, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract between the City of Lubbock and Williams and Peters Construction Co., Inc., for the paving improvements to be constructed on 82nd Street from Univer- sity Avenue to Avenue "U" (G.W.O. 9063) in the City of Lubbock, Lubbock County, Texas, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as fully copied herein in detail. Passed by the City Council this 13th day of March, 1986. /s/ Alan Henry ALAN HENRY, MAYOR ATTEST: /s/ Ranette Boyd Ranette Boyd, City Secretary APPROVED AS TO CONTENT: /s/ Larry V. Hoffman Larry V. Hoffman, Director of Transportation APPROVED AS TO FORM: /s/ John C. Ross, Jr. John C. Ross, Jr., City Attorney Williams & Peters Construction Company--82nd Street Paving Improvements from University to Avenue U. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo authorizing Resolution #2276 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays. 86-45-135-213 (33.) RFP #8916--Microcomputer Hardware and Software Pricing Agreement (Information Services). Computer Connections --central processing units; lap -top computers; monitors; printers; plotters; other peri- pheral equipment; mainframe connection equipment; data communications equipment; accessories. Ranking based on compatability of existing systems, price discounts and service capabilities. Motion was made by Mayor Pro Tem Carpenter, seconded by Councilwoman Trejo authorizing Resolution #2277 as recommended by City Staff. Motion carried: 7 Yeas; 0 Nays 86-45-135-214 (34.) Consider one appointment to the Housing Standards Commission. Alfonso Castaneda has resigned. Motion was made by Councilwoman Trejo, seconded by Councilwoman Baker appointing Ben Ybanez to fill the unexpired term of Alfonzo Casteneda on the Housing Standards Commission. Motion carried: 7 Yeas; 0 Nays 136 March 13, 1986 There being OO further business to C00e before the City Council, Mayor Henry dd'0UrO2d the meeting at 2:00 p.0. /ZZ 94 L ATTEST: Ranette�-Boyd, City Secretary READ AND APPROVED THIS 27TH DAY OF MARCH, 1986. /1/�Zw ALWHENRY, MAY -OR ATTEST: -�—anette Boyd, City Secretary—