ccreg 04-20-1999
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REGULAR SESSION OF THE SCHERTZ CITY COUNCIL
APRIL 20, 1999
The Schertz City Council convened in Regular Session on Tuesday, April 20,
1999 at 7:00 p.m. in the Municipal Complex Council Chambers, 1400 Schertz
Parkway, Schertz, Texas. Those present were as follows: Mayor Hal Baldwin,
presiding; Councilmembers Pia Jarman; Joe Potempa; Timothy Swinney and
Ken Greenwald. Absent: Councilmember Norman W. Agee, Sr. Staff present
were City Manager Kerry Sweatt and City Secretary Norma Althouse.
Mayor Baldwin asked everyone to rise and join him in the Pledge of Allegiance to
the Flag. Following the Pledge, Reverend Eddie Cantu of Father's Fellowship, a
non-denominational church, offered the prayer during which he asked for several
minutes of silence for the victims of the shooting in Littleton, Colorado and for all
those involved in the situation in Kosovo.
Before moving ahead with agenda items, Mayor Baldwin introduced candidate for
City Council Place #4, Glyn Williams, former Mayor Jack Stomackin and former
Councilman Chuck Sharpe.
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#1 APPROVAL OF MINUTES: Special Workshop Session 02-10-99
Regular Session 02-16-99
Special Workshop Session 02-24-99
Mrs. Jarman pointed out a typing error in the minutes of 2-10-99, second
paragraph under ITEM #2, and said the first and in the sentence should be an
instead. Then in the minutes of 2-24-99, Mrs. Jarman asked that under ITEMS
BY COUNCIL, the last sentence of her comments be changed to read: The
Humane Society hopes to eventually aet more active in the adoption proaram of
Animal Control and to keep the public better informed
Mrs. Jarman moved to approve the minutes, as amended, for the Special
Workshop Session of 2-10-99 and the Special Workshop Session of 2-24-99 and
to approve the minutes, as written for the Regular Session of 2-16-99. Mr.
Swinney seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS: Those citizens wishing to speak on agenda
items (other than public hearing items) or items not on the agenda, will be heard
at this time.
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Mayor Baldwin observed that lots of people had signed up to speak on the
smoking issue, which is the next item on the agenda. He stated that anyone who
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had signed up for anything other than the smoking issue could speak at this time.
No one spoke.
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#3 SMOKING: Hear comments and recommendations regarding smoking in
buildings open to the public.
Mayor Baldwin stated they are asking for citizen input and comments regarding
discussion of the smoking/non-smoking issue and whether or not there should be
an ordinance. They feel it is time to get discussion of it out in the open.
Jerry Phillips, representing Denny's Restaurant, said when this issue came up in
the past in another community, only a couple of miles from a larger city, they lost
35% of their business. If the State goes non-smoking, then an ordinance is okay,
but until then they will experience a big loss to their business. Their restaurant in
Schertz has both a smoking and a non-smoking area. He, personally, thinks a
non-smoking ordinance would be great because he's not a smoker, but until the
whole surrounding community agrees to that, he has to give a negative opinion
on the ordinance.
Mr. Swinney asked him if there's any of the competition that allows smoking and
Mr. Phillips replied IHOP, Jim's and Shoney's - however, Shoney's is going out
of business and some of them are being bought out by Jim's.
Mr. Greenwald inquired if Denny's has smoke eaters or any type of ventilation for
the smoke. Mr. Phillips replied they have ventilation, the smoke eaters are not
that effective. Mr. Potempa verified they do have a system now that takes out
the smoke and Mr. Phillips answered yes, but it's not ideal.
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LeRoy Cinnamon of 1208 Spicewood spoke about smoking in general. He noted
that in public buildings it is always a sore point. Attorney generals and the
tobacco companies have an ongoing battle. Senate Bill 55 was passed, aiming
at minors and students. No one can smoke on school property, even at school
affairs, and this includes adults. However, young people can be in the company
of their parents and smoke as much as they want.
Mr. Cinnamon indicated he feels strongly about not smoking because the
medical community has convinced him it's bad for your health. It's wonderful that
the Municipal Complex is smoke free. This hearing is to determine what the
community wants, but he doesn't think there's enough of the community here to
decide.
Glen Harris, Commander VFW Post 8315 in Schertz, distributed some
information to Council. He stated the VFW is opposed to the proposal for a non-
smoking ordinance. They were established in 1946 and have drawn 626
members. Their Ladies Auxiliary has approximately 200 members.
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Mr. Harris related he has reviewed the programs they sponsor, specifically those
for youth. They are a community and youth organization. They were
encouraged by the government (military) to smoke. The non-smoking areas of
the VFW are used by less than 10% of their customers. They will lose 60% of
their business if they are required to go smoke free.
Mr. Harris urged defeat of the proposed non-smoking ordinance. Veterans
fought hard for freedom of choice. Consider what the City of Schertz will lose if
they go smoke free. What will be gained? What will be lost? Is such an
ordinance needed? It will have a devastating impact on the VFW Post. Do not
pass it.
Mr. Swinney mentioned that a majority of the Council are lifetime members of the
VFW. He has spoken with Mr. Bunker and understands the position of the VFW
and realizes they are a non-profit organization. A lot depends on how the
ordinance is written. There are several ways to look at it. An establishment
could be a bar with food as a side or a restaurant that happens to serve alcoholic
beverages.
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Frank Weatherly of the VFW commented he respects the views of anybody on
any subject. Commander Harris covered lots of points, but he would like to put it
on more of a human level. One little example is the money raised for recent
flood victims. The VFW has been here for 50 years. Hundreds and hundreds of
people come to their facility. They are not isolated, they are an integral part of
the community. They have a fine ventilation system. Council should consider
the gains and losses. Don't fix the wagon if it isn't broken.
Joyce Briscoe of 113 Will Rogers mentioned she had invited students to come,
but they didn't. However, they are in favor of a non-smoking ordinance,
especially in restaurants.
Ms. Briscoe stressed the issue is really public health and read some facts from
reports on smoking that she had with her. Seyeral of the highlights are that it has
been proven that second hand smoke causes lung cancer and heart disease. In
children it can cause bronchitis, pneumonia and asthma. Separation of areas in
a restaurant does not reduce the risk of second hand smoke.
Ms. Briscoe went on to say the City of Schertz would be in good company if it
issues a smoking ban. She realizes there are some economic issues involved,
but thinks there are enough facts to convince people not to smoke. She related
she has a friend in Austin whose business picked up when smoking was banned.
Ms. Briscoe once again stressed it is a public health issue. All rights of
individuals are relative to the rights of others.
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Gene Wright of 210 Winburn stated he had been listening to all the comments .
and the bottom line is you have a choice to go or not to go into an establishment
that either allows smoking or does not allow it. Are his rights as a smoker less
than those of a non-smoker?
Hal Marsh of 4209 Spanish Oak Drive remarked he is speaking on a purely
personal level. He briefly outlined his military history and then said tobacco is not
a banned substance. At one time he smoked up to three packs a day, but now
he is a non-smoker. His wife smokes, but that's her personal choice and her
right. We don't let dogs, cats or kids infringe on other people's rights. If you
start with banning smoking, then banning other things will follow.
Chuck Sharpe of 1200 Antler Drive expressed the opinion he thinks a non-
smoking ordinance is meddling in private business and he doesn't think the City
should be in the position of doing that. He's a non-smoker, but he respects other
people's choices. The City has the right to ban smoking in their own buildings,
but not in public businesses. Mr. Sharpe mentioned that if he had a business, he
would not be ready for the City to delegate to him that he couldn't allow smoking
in that business. It is not City Council's business to tell a private owner not to
allow smoking.
Tony Wilenchie of 1040 Ivory Creek commented when you are the 9th speaker
everyone else steels your thunder. He is a former smoker and his wife smokes,
and they have chosen not to frequent restaurants that ban smoking. That is their .
choice and smoking is not illegal. If it were, they wouldn't be having this
discussion.
Mr. Wilenchie then asked why the Council is looking at the VFW as a non-profit
organization. Should they be looked at differently than those that make a profit?
Why is it the government's responsibility for public health in businesses? It's
okay to ban smoking in their own buildings because they own them. Should we
legislate rights away? Maybe we should legislate a hiring practice of businesses
that allow smoking not hiring anyone under the age of 18 years.
Michael Espinola of 2530 Harvest in New Braunfels related he had just retired
from the Navy. He had been stationed in San Diego, California and they banned
smoking in bars and restaurants. As soon as the law passed, military clubs had
a booming business. It was also a wonderful law if you had a bar in Tijuana,
Mexico. If a person doesn't like smoking, then it's their choice not to patronize
the business that allows it.
Jack Stomackin, former Mayor, noted he had been hearing pros and cons. He's
here to speak about smoking in public places. He smoked until he became short
of breath and now has a touch of emphysema. Many of his friends who didn't
smoke have passed away. He liked smoking and enjoyed it, but you never get
your lungs back. Why give a disease to someone else? He is not against
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smoking in public clubs, but he does not allow smoking in his house. Smoking
is dangerous - second hand or otherwise. If you want to smoke, do it outside.
Kill yourself, not someone else. As a side note, Mr. Stomackin said he noticed
that the VFW membership has declined.
Mayor Baldwin then asked for comments from anyone who may not have signed
up.
Bill Carroll of 2401 Cedar Lane said he hasn't heard anything about enforcement.
If smoking is banned, the business owner suffers. He asked Council to
remember what brought people to Schertz.
Wanda Cinnamon of 1208 Spicewood commented she just wants to tell her side
of the story. She is anti-smoking. She has calcium in her lungs and cannot
tolerate second hand smoke. At Denney's, she and her family had a bad
experience of waiting a long time in line to be seated because the smoking area
is larger than the non-smoking area. The smoking is also bad at Abel's
Restaurant. She reiterated she is anti-smoking, but doesn't think Council should
pass an ordinance just for one person.
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Nathan Mazok (no address given) told Council that he has lived in Schertz
forever. If smoking is banned here, then you are dead. Mr. Swinney asked him
to elaborate on that statement and Mr. Mazok said there are other larger places
in the surrounding area where smokers can go.
Frank Weatherly of the VFW spoke again saying the VFW has good ventilation
and has reserved areas for non-smokers and they keep coming back.
Jerry Phillips of Denney's spoke again and said if smoking is banned in
restaurants and bars start serving more food, then the bars will be taking
business away from the restaurants.
Chuck Sharpe of 1200 Antler Drive also spoke again. Mr. Sharpe mentioned he
had spoken with his brother in New York who is 88 today and has smoked all his
life. The point he's trying to make to City Council is not to take away our choices.
Mayor Baldwin, at this time, closed the item on comments and recommendations
regarding smoking in buildings open to the public and thanked everyone for
coming.
#4 Consider and take action, if necessary, regarding smoking in buildings
open to the public.
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Mayor Baldwin related they do not have an ordinance drafted at this time. The
item was put on the agenda to see if there is any interest on the part of Council to
move forward with an ordinance.
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Mr. Swinney moved to direct the City Manager to further investigate smoking
ordinances from other cities and pursue the task of working up a draft of a non-
smoking ordinance so it can be brought back to City Council and presented to
them for future action. Mrs. Jarman seconded the motion, which carried with the
following votes:
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AYES: Councilmembers Jarman, Potempa and Swinney.
NAYS: Councilmember Greenwald.
Mayor Baldwin suggested the citizens contact their friends and neighbors and tell
them to contact a member of City Council to express their opinion.
Mr. Marsh said he noted how everyone voted. Mayor Baldwin acknowledged it's
an open vote.
Mr. Swinney commented he brought this issue up because he feels strongly
about it and thinks it's something the City needs to consider. He has respect for
everyone's position. A person can choose not to go to a restaurant because of
smoking, but he doesn't think that simplistic answer applies. For example, you
can't go to another Denny's in Schertz because there is not another one.
Regarding the subject of non-profit, Mr. Swinney said he sees the VFW as a
drinking establishment with food on the side. He thinks the ordinance should
exclude establishments primarily in the business of serving drinks.
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Mr. Swinney further stated the subject of enforcement came up. When you take
away ashtrays, that's enforcement. As a business, if you have 100 tables and
you can put anyone anywhere, that will help business. We're not talking about
that many businesses here in Schertz. Arby's and Wendy's are already smoke
free. Bill Miller's is willing to go smoke free. The biggest impact will be on
Denney's. There is a way to rationally look at this. He hopes it doesn't turn into
hysterical time. It's a public health issue more than anything. Once he's off the
Council, he hopes to help the community as a private citizen.
Mr. Marsh remarked that in regard to Denny's, a non-smoking ordinance would
infringe on smoker's rights and he objects to that. Mr. Swinney pointed out that
rights stop when other people's are affected. Mr. Marsh told Mr. Swinney that his
(Mr. Swinney's) rights are affected too.
Mr. Weatherly pointed out the VFW is not a bar or a restaurant. The needs of
veterans come first. The business portion comes after that.
Mayor Baldwin advised the citizens that the Council could pick out things they
like and dislike in the sample ordinances. This is a very serious issue and
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concerns a lot of people. He asked them to give Council some time to work on
this.
Mrs. Jarman observed this has a lot to do with choices and democracy. Many of
those in the audience are citizens by birth, but she chose to live here. She will
defend their right to smoke and will defend their right not to smoke. What about
people who work in places where there are smokers? What about pregnant
waitresses and what about teenagers? Her wish is that all of us, who are
responsible people, would think seriously about this issue.
At this time, Council took a short break.
#5 ORDINANCE: Consider and take action on final reading of Ordinance
regarding Tax Abatement and Tax Abatement Agreement with Alamo Holly.
Mayor Baldwin introduced an ordinance and read the caption as follows:
ORDINANCE NO. 99- T-8
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, APPROVING A
TAX ABATEMENT AGREEMENT BY THE CITY COUNCIL FOR AND WITH
ALAMO HOLLY SALES AND SERVICE INC., A PROPERTY OWNER IN THE
CITY OF SCHERTZ.
Mr. Greenwald moved to approve the final reading of an Ordinance authorizing a
Tax Abatement and Tax Abatement Agreement with Alamo Holly. Mrs. Jarman
seconded the motion.
Before the vote, Mr. Greenwald pointed out this is a local business almost
doubling in size. Mr. Sweatt stated, once again, this is the highest form of
Economic Development.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#6 ORDINANCE: Consider and take action on final reading of Ordinance
regarding Tax Abatement and Tax Abatement Agreement with Mark F. Keatts
and Lori L. Keatts Living Trust.
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Mayor Baldwin introduced an ordinance and read the caption as follows:
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ORDINANCE NO. 99- T-9
BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, REPEALING
ORDINANCE 98-T-35, AND APPROVING A TAX ABATEMENT AND A TAX
ABATEMENT AGREEMENT FOR AND WITH MARK F. KEATTS AND LORI L.
KEATTS LIVING TRUST, A PROPERTY OWNER IN THE CITY OF SCHERTZ.
Mr. Sweatt commented this is merely a name change from Keaco, Inc.
Everything else is the same and Council approved it previously.
Mrs. Jarman moved to approve the final reading of an Ordinance authorizing a
Tax Abatement and Tax Abatement Agreement with Mark F, Keatts and Lori L.
Keatts Living Trust. Mr. Greenwald seconded the motion, which carried with the
following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#7 BID AWARD: Consider and take action awarding bid for Information
Systems Equipment.
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Mr. Sweatt reminded Council they had reviewed the bidding sheets along with
the report from Brady Le Blanc at the last workshop. They have a memo from
him in their packets with attached tabulation sheets which reflect expenditures
proposed to implement Y2K and Phase 1, and the recommendation of two
additional servers for a grand total recommended award of $186,537. 34. The
Brice Systems portion of the award is $137,884, the State DIR software is
$41,762, and the network wiring to PNC is $6,891.34. As discussed, the wiring
prices per unit may vary and the budget of $10,000 is still shown as a possibility.
Mr. Greenwald moved to award the bid for Information Systems Equipment as
follows:
$137,884.00
$ 41,762.00
$ 6,194.34
Brice Systems for hardware
DIR software through State of Texas
PNC for wiring
$186,537.34 Total
Mr. Greenwald asked if this includes the two items in Phase 2 and Mr. Sweatt
answered yes it does. At this time Mr. Swinney seconded the motion.
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Before the vote Mr. Potempa asked if the consultant is getting the bid on the
hardware and Mr. Sweatt replied yes, Brice Systems is his company.
At this time the vote was taken and the motion carried as follows:
AYES: Councilmembers Jarman, Swinney and Greenwald.
NAYS: Councilmember Potempa.
#8 APPOINTMENT: Consider and take action appointing a member to Library
Board.
Mr. Sweatt stated the Library Board is recommending the appointment of Jake
Valadez to fill the term of Barbara Quates which will expire in December of 1999.
Mrs. Jarman moved to appoint Jake Valadez to the Library Board to fill the
unexpired term of Barbara Quates. Mr. Potempa seconded the motion, which
carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
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#9 APPOINTMENTS: Consider and take action regarding appointments to
Schertz Economic Development Commission.
Mr. Greenwald moved to appoint Henry Guiterrez, Ben Davis, Jeff Zunker, Byron
Williams and Bob Vallance, Sr. to the Economic Development Commission. Mr.
Potempa seconded the motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#10 PUBLIC HEARING DATE: Consider and take action setting a public
hearing date for a Specific Use Permit request from Stanley and Susan Stehle.
Mr. Sweatt advised that the Planning and Zoning Commission sent this forward
to Council with a recommendation for a public hearing. Stanley and Susan
Stehle wish to locate a manufactured home on their property adjacent to an
existing residence. The mother would live in the manufactured home. Upon
being asked, the City Secretary stated the earliest possible date for a public
hearing would be May 18th.
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Mr. Potempa moved to set May 18, 1999 as the public hearing date for a Specific .
Use Permit request from Stanley and Susan Stehle. Mrs. Jarman seconded the
motion, which carried with the following votes:
AYES: Councilmembers Jarman, Potempa, Swinney and Greenwald.
NAYS: None.
#11 CITY MANAGER'S REPORT
· Reminded Council once again of the Employee Picnic scheduled for this
Saturday, April 24th. It starts at 2:00 p.m. and the meal will be served at 6:00
p.m., followed by the Employee Awards Ceremony.
#12 ITEMS BY COUNCIL
Mrs. Jarman:
· Told everyone they are invited to the Pet Fair and Photo Contest sponsored
by the Humane Society. It will be held on May 15, 1999 from 1 :00 p.m. until
3:00 p.m. at the Animal Control facility. Lackland military working dogs are
scheduled for a demonstration at 2:00 p.m. The categories are (1) Funniest
Dog, (2) Cutest Dog, (3) Owner/Pet Lookalike, (4) Longest Tongue (pets .
only), (5) Best Child/Pet Costume, and (6) Little Dog/Large Dog Combo. She
will get a copy of information about the Pet Fair for the Newsletter. Speaking
of dogs, said dog obedience classes have started.
Mr. Potempa:
· Questioned how many trucks Animal Control has and Mr. Sweatt answered
they have two. He then asked why an employee was using a personal
vehicle to take an animal to the veterinarian. Do we reimburse the
employee? Mrs. Sweatt answered yes if a reimbursement slip is turned in.
Mr. Swinney:
· Stated he represented the City last week at the Fiesta reception with General
Newton. General Newton thanked all the cities for their support of the military
community.
· Reported his dad had cancer surgery recently and after he came home, he
was in the backyard and fell. SAFES was called and responded very quickly.
He wants to thank them for all their help.
· Commented he is looking forward to the dinner tomorrow night.
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· Related he has military duty on Saturday, so he will be late to the picnic. His
. wife and daughter will probably be there earlier.
Mr. Greenwald:
· Asked if everyone wants copies of the Local Government Corporation
minutes. They all agreed they wanted copies. Mayor Baldwin mentioned
there was an article in the paper today about the Carrizo and asked Mr.
Greenwald if he had seen it. Since Mr. Greenwald replied no, the Mayor
passed it down to him to read. Mr. Greenwald went on to say one of the
owners the Local Government Corporation is dealing with wants conservation
and protection of the aquifer. They have gotten information back from several
local cities expressing an interest in the need for water. Mr. Sweatt added
both Schertz and Seguin are supportive of the underground water district.
· Reported signs are going up on telephone poles again. There are some by
Samuel Clemens and some on FM 78. Mr. Potempa advised there are some
on Schertz Parkway too.
#13 ITEMS BY MAYOR
· Noted there's a meeting this Thursday at 6:30 p.m. in the conference room
with some property owners along the Cibolo Creek.
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· Announced that on Thursday, April 29th, Camino Real MH/MR is holding a
meeting at the library at 6:30 p.m. for people impacted by the flood. They are
sponsored by FEMA. Everyone is invited to attend.
· Related that on Wednesday, June 30th, CPS will hold its annual meeting at
the Doubletree Hotel in San Antonio and their meetings are usually pretty
i nteresti ng.
· Commented Chuck McCullough has an article in the Express-News about the
effort to get a college district in the northeast area.
Before Council moved to the Executive Session, Jack Stomackin told Council he
has never heard so many compliments as he has lately about the Police
Department. He also mentioned SAFES and said you can't beat them for
service.
#14 EXECUTIVE SESSION: Called under Chapter 551, Texas Government
Code, Sub-Section 551.072, Deliberation Regarding Real Property.
An Executive Session was held from 9:20 p.m. until 9:35 p.m.
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#15 Consider and take action, if any required, on above Executive .
Session.
No action was required.
#16 ADJOURNMENT
There being no further business to discuss, Mayor Baldwin adjourned the
meeting at 9:38 p.m.
t"
Mayor, City of Schertz, Texas
ATTEST:
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City Secretary, City of Schertz
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