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1998-11-09 CITY COUNCIL MEETING AGENDAAGENDA - REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, TO BE HELD ON NOVEMBER 9, 1998, AT 7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS IV. V. VI. VII. VIII. IX. CALL TO ORDER INVOCATION AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES: Minutesof the October 19, 1998, Public Hearing held at 6:30 p.m. Minutes of the October 19, 1998, Special Meeting held at 6:45 p.m. Minutes of the October 26, 1998, Regular Council Meting held at 7:30 p.m. MAYOR'S ACTIVITY REPORT COUNCIL ACTIVITY REPORTS CITY MANAGER'S REPORT CITIZENS DOCKETED PUBLIC HEARINGS: NONE CONSENT AGENDA ALL ITEMS LISTED UNDER THE "CONSENT CONSIDERED TO BE ROUTINE, AND REQUIRE DELIBERATION BY THE CITY COUNCIL. THESE AGENDA" ARE LITTLE OR NO ITEMS WILL BE ENACTED/APPROVED BY ONE MOTION UNLESS A COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED BY SEPARATE ACTION (X. MATTERS REMOVED FROM CONSENTAGENDA). APPROVAL OF THE CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION. Page 1 of 11 - 11/09 CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-236 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON BEING A 4 ACRE PARCEL OUT OF LOT 8, THE SE 1/4 OF THE NE 1/4, H.T. & B.R.R. CO. SURVEY A-509, PLAT RECORDS OF BRAZORIA CO., TX AND BEING A 2 ACRE PARCEL OUT OF LOT 8, KNOWN AS TRACT 1, THE SE 1/4 OF THE NE 1/4, H.T.&B.R.R. CO. SURVEY, A-509, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 282) FROM THE CLASSIFICATION OF SUBURBAN DEVELOPMENT DISTRICT (SD) TO COMMERCIAL (C) AT THE REQUEST OF H. WAYNE WHITT, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-245 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING A 117.6207 AC. PARCEL BEING ALL OF LOTS 23 THROUGH 28, AND A PORTION OF LOTS 21, & 31 THROUGH 36, SUBURBAN GARDENS SUBDIVISION, SECT. 85, HT & B RR CO. SURVEY, A-304, AS RECORDED IN VOL. 2, PG. 107-108, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 363) (CORNER OF CR 93 & CR 403) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF JOHN N. TAYLOR, AGENT, THE RITSON MORRIS CORPORATION, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS Page 2 of 11 - 11/09 CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-246 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING LOTS 1 & 2, BLK. 1, WAGON WHEEL ADDITION, HT & B RR CO. SURVEY, SECT. 14, A-509, ACCORDING TO THE MAP RECORDED IN VOL. 8, PG. 79, PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 378) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-2) AT THE REQUEST OF FRANK J. MILLER, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - SECOND AND FINAL READING OF ORDINANCE NO. 509-247 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 344, 365, 366) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. X. MATTERS REMOVED FROM CONSENT AGENDA Page 3 of 11 - 11/09 XI. NEW BUSINESS: CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 883 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, REPEALING IN ITS ENTIRETY, CITY OF PEARLAND ORDINANCE NO. 861, WHICH GRANTED CONSENT TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18, AS IT MAY HAVE BEEN, FROM TIME TO TIME AMENDED. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 884 - AN ORDINANCE GRANTING THE CONSENT OF THE CITY OF PEARLAND, TEXAS, TO THE CREATION OF BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 18 WITHIN THE · CITY'S CORPORATE BOUNDARIES. CONSIDERATION AND POSSIBLE ACTION - REGARDING AN APPLICATION FROM SHADYCREST BAPTIST CHURCH TO MOVE IN A TEMPORARY OFFICE FACILITY TO BE LOCATED AT 3214 HAMM ROAD. CONSIDERATION AND POSSIBLE ACTION - MOTION TO REMOVE FROM TABLE ORDINANCE NO. 509-244. 4A. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-244 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING LOT 28, 9.924 ACRES OUT OF THE ALLISON RICHEY GULF COAST HOME CO. SUBDIVISION, SECT. 9, HT & B RR CO. SURVEY, A-234, PLAT RECORDS OF BRAZORIA CO., VOL. 2, PGS. 23 & 24 BRAZORIA CO., TX (14435 MAX ROAD)(APPLICATION NO. 390) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF CHARLES Page 4 of 11 - 11/09 EASON, AGENT, CHEROTECH INC., OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 880 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (BRAZORIA COUNTY WEST OF STATE HIGHWAY 288); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. CONSIDERATION AND POSSIBLE ACTION ' FIRST READING OF ORDINANCE NO. 881 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (CULLEN BOULEVARD AREA); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY CLAUSE. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 882 - AN ORDINANCE EXTENDING THE CITY LIMITS OF THE CITY OF PEARLAND, TEXAS, TO INCLUDE ALL LAND AREA WITHIN CERTAIN LIMITS AND BOUNDARIES AND ANNEXING TO THE CITY OF PEARLAND ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES (FORT BEND AND HARRIS COUNTIES EAST OF FM 521 ); APPROVING A SERVICE PLAN FOR ALL OF THE AREA WITHIN SUCH LIMITS AND BOUNDARIES; CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT; AND PROVIDING A SAVINGS AND SEVERABILITY Page 5 of 11 - 11/09 10. 11. 12. CLAUSE. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 872 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, WAIVING THE ENCROACHMENT OF THE EXISTING SIGN, FENCE, AND. PARKING LOT LOCATED WITHIN A CERTAIN TRACT OF LAND, WHICH INCLUDES A 0.430 ACRE TRACT DESCRIBED IN THE H. T. & B. R. R. COMPANY SURVEY, ABSTRACT NO. 239 IN BRAZORIA COUNTY, TEXAS. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH BRAZORIA DRAINAGE DISTRICT NO. 4 TO COOPERATE IN THE REPAIR OF THE MCLEAN ROAD BRIDGE AT MARY'S CREEK WITHIN THE CORPORATE CITY LIMITS OF PEARLAND. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B98-064 FOR THE OFFICIAL NEWSPAPER FOR THE CITY OF PEARLAND. CONSIDERATION AND POSSIBLE ACTION - AWARD OF BID NO. B98-063 FOR THE RE-PLASTERING OF THE SWIMMING POOL. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE INTRODUCTION, SUPPORT AND PASSAGE OF A BILL WHICH WILL AMEND THE TRANSPORTATION CODE, TITLE 7, VEHICLES AND TRAFFIC, SUBTITLE A, CERTIFICATES OF TITLE AND REGISTRA T/ON OF VEHICLES, CHAPTER 502, REGISTRATION OF VEHICLES, SUBCHAPTER A, GENERAL PROVISIONS, TO PROVIDE FOR THE AUTHORITY OF LOCAL RABIES CONTROL AUTHORITIES OR THEIR DESIGNEES TO OBTAIN OWNER INFORMATION, SUCH ACTION BEING NECESSARY TO ENHANCE RABIES CONTROL AND ANIMAL CRUELTY PREVENTION EFFORTS. Page 6 of 11 - 11/09 13. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION NO. R98-64 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, URGING THE TEXAS MUNICIPAL LEAGUE TO SEEK INTRODUCTION AND PASSAGE OF A BILL WHICH WILL AMEND THE HEALTH AND SAFETY CODE, TITLE 1 O, HEAL TH AND SAFETY OFANIMAI-S, CHAPTER 826, RABIES, TO PROVIDE FOR THE AUTHORITY OF LOCAL RABIES CONTROL AUTHORITIES OR THEIR DESIGNEES TO RABIES VACCINATE ANIMALS UNDER THEIR CONTROL, SUCH ACTION BEING NECESSARY TO ENHANCE RABIES CONTROL AND PREVENTION EFFORTS IN COOPERATION WITH TEXAS DEPARTMENT OF HEALTH ZOONOSIS CONTROL PROGRAMS. 14. CONSIDERATION AND POSSIBLE ACTION - FIRST AND ONLY READING OF ORDINANCE NO. 879 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, ESTABLISHING STOP SIGNS WITHIN THE CORPORATE LIMITS OF THE CITY OF PEARLAND, UPON PINE CREST DRIVE IN A NORTHWESTERLY DIRECTION AT ITS INTERSECTION WITH DIXIE FARM ROAD, UPON PINE CHASE DRIVE IN A SOUTHERLY DIRECTION AT ITS INTERSECTION WITH PINE CREST DRIVE, UPON PINE CHASE DRIVE IN A NORTHERLY DIRECTION AT ITS INTERSECTION WITH PINE CREST DRIVE, UPON PINE BARK COURT IN A NORTHEASTERLY DIRECTION AT ITS INTERSECTION WITH PINE CREST DRIVE, UPON REISER COURT IN A SOUTHEASTERLY DIRECTION AT ITS INTERSECTION WITH PINE BRANCH DRIVE (PINEHOI..I. OWESTATES); A PENALTY FOR VIOLATION; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE AND A REPEALER CLAUSE; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND FOR CODIFICATION; AND DECLARING AN EMERGENCY BECAUSE THE NEED TO ESTABLISH STOP SIGNS AT INTERSECTIONS INURES TO THE BENEFIT OF THE TRAVELLING PUBLIC AND, THEREFORE, BEARS DIRECTLY UPON THE HEALTH, SAFETY AND WELFARE OF THE CITIZENRY. Page 7 of 11 - 11/09 15. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-248- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING 66.69 ACRES OF LAND, BEING A PART OF LOTS 16, 17, 18, & 25, OF THE L.W. MURDOCK SUBDIVISION, ACH & B SURVEY, SECT. 2, A-507, BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 29, PG. 174, DEED RECORDS OF BRAZORIA COUNTY, TEXAS, AND ALSO BEING A PART OF THE H. STEVENS SURVEY, A-594, BRAZORIA COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN 207.179 AC. TRACT DESCRIBED IN A DEED FROM JOHN ALEXANDER AND A. GUY CROUCH AS INDEPENDENT EXECUTORS AND TRUSTEES OF THE ESTATE OF HELEN F. ,ALEXANDER TO ELIZABETH ALEXANDER NISBET DATED JUNE 4, 1981, AND RECORDED IN VOL. 1597, PG. 315, DEED RECORDS OF BRAZORIA COUNTY, TEXAS (APPLICATION NO. 571) FROM CLASSIFICATION SINGLE FAMILY DWELLING DISTRICT (R-2) TO SINGLE FAMILY DWELLING DISTRICT (R-4 PUD) AT THE REQUEST OF R. WEST DEVELOPMENT, AGENT, ELIZABETH ALEXANDER NISBET, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 16. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-249 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 358, 359, 440, & 482) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO Page 8 of 11 - 11/09 LIGHT INDUSTRIAL DISTRICT (M-l) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 17. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-250 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE CITY LIMITS OF THE CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (APPLICATION NOS. 362 & 451) FROM CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL BUSINESS DISTRICT (GB) AT THE REQUEST OF THE OWNERS OF SUCH REAL PROPERTY, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. 18. CONSIDERATION AND POSSIBLE ACTION - FIRST READING OF ORDINANCE NO. 509-251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL PROPERTY BEING APPROXIMATELY 40.00 AC. OUT OF THE F.D. DRAKE SURVEY, A-508, KNOWN AS LOTS 15A & 15B, ACCORDING TO THE PLAT RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 455) FROM CLASSIFICATION SUBURBAN DEVELOPMENT (SD) TO SINGLE FAMILY DWELLING DISTRICT (R-3) AT THE REQUEST OF READ PARTNERS L.P. AND KITTY L. READ, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT. Page 9 of 11 - 11/09 XI. OTHER BUSINESS: EXECUTNE SESSION UNDER TEXAS GOVERNMENT CODE SECTION 55t .07t - CONSULTATION WITH THE CITY ATTORNEY REGARDING THE POTENTIAL SETTLEMENT IN THE PAUL GROHMAN LAWSUIT AGAINST THE CITY OF PEARLAND. XII. NEW BUSINESS: 21. CONSIDERATION AND POSSIBLE ACTION - REGARDING THE POTENTIAL SETTLEMENT OF THE PAUL GROHMAN LAWSUIT AGAINST THE CITY OF PEARLAND. OTHER BUSINESS: XIII. ADJOURNMENT For special assistance, please call YOUNG LORFING at 281-485-241 l/Ext. 341 prior to the meeting so that appropriate arrangements can be made. Page 11 of 11 - 11/09