ccswks 11-15-1995
SPECIAL MEETING OF THE CITY COUNCIL
NOVEMBER 15, 1995
The Schertz City Council convened in Special Workshop Session
on Wednesday, November 15, 1995 at 7:00 p.m. in the
Conference Room of the Municipal Complex, 1400 Schertz
Parkway, Schertz, Texas. The following members were present:
Mayor Hal Baldwin, presiding; Councilmembers Charles
McDonald; Joe Potempa; Earl Sawyer; Timothy Swinney and Ken
Greenwald. Staff present were City Manager Kerry Sweatt and
Deputy City Secretary Dolores Butler.
#1 APPROVAL OF MINUTES: A. Regular Session 10-3-95
Mr. Sawyer moved to approve the minutes
Session 10-3-95. Mr. Swinney seconded
carried with the following votes:
for
the
the Regular
motion which
AYES:
Councilmembers McDonald, Potempa~ sawyer, Swinney and
Greenwald.
NAYS: None.
#2 HEARING OF RESIDENTS
There was none.
#3 Discuss appointment of Mayor Pro Tern.
Mr. Sweatt commented Council adopted a policy a couple of
years ago that rotated the duties of the Mayor Pro Tem by
council place. Councilmember Swinney has now served six (6)
months and the next position, by rotation arrangement, would
be that of Mr. Greenwald and this item has been placed on the
agenda for your discussion prior to formal action at the next
action meeting.
#4 Discuss final reading of an ordinance rezoning
(5) acres of land from Single-Family Dwelling District
to Public Use.
five
(R-l)
Mr. Sweatt stated that this is the zoning ordinance that
changes the zoning for the County Sub-Courthouse building
proposed on a tract of land facing on Elbel Road, across Elbel
and across the drainage area from the school administration
building. Proposal is to allow the construction of a County
Sub-Courthouse (sub-Office building). This ordinance passed
on first reading after the public hearing was held.
There was no further discussion.
#5 Discuss final reading of
Ordinances amending Traffic Code.
revision to Code
of
Mr. Sweatt stated this is basically a housekeeping activity.
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Mr. Greenwald asked if this also contains the speed limit on
1-35 and Mr. Sweatt replied, "yes". Mr. Greenwald said the
"Feds" are fixing to give up control of the speed and turn it
back to the cities.
Mr. Swinney said that if he read correctly, that section is
still supposed to stay 55 mph.
Mr. Sweatt said it will be authorized for the state and the
cities to make some change, either all the way up to 70 mph or
some point in between; recommendation from the Bexar County
line only and he is not sure when the final decision will be
made. The state will make a recommendation, much as they do
on state designated roads within city limits; generally we
accept the state traffic engineer's recommendations as to
speed setting, but this action Mr. Greenwald speaks of is a
release by the Federal Highway Administration back to the
states and local governments to set those speed limits at some
amount up to 70 mph. .
Mr. Greenwald commented
Herald-Zietun~ showed 70
Braunfels city limit; 55 mph
back all the way to 410.
the article in the New Braunfels
mph down to the northern New
through New Braunfels; and 70 mph
Mr. Sweatt stated the one he saw showed 70 mph from Bexar
County line north. Our normal course of action would be, if
it is the pleasure of the Council, acting with or without the
state's recommendations, to come back and pass an ordinance
amending a specific section of the ordinance setting speed
limi ts .
With no further discussion, Mayor Baldwin recommended placing
this on the agenda for Tuesday night for final reading.
#6 Discuss update report from Paragon Cable regarding
cable matters.
Mr. Sweatt introduced Gena Nivens,
Cable, to update the fiber optics,
process, and other cable activities.
representing Paragon
emergency notification
Ms. Nivens thanked the council for the time and the
city's business and continued support of Paragon. A few items
going on, as you know, the sale to Time-Warner went through
over the summer and Time-Warner is now the second largest
cable company in the world. There is also a pending deal for
Time-Warner to take over Turner Broadcasting and if that goes
through it would make Time-Warner the largest entertainment
company in the world. Some of you may be happy to know that
Time-Warner is dropping some of the rap artists, etc. that
were seen as real negative. The other (big) issue that
Paragon is working on right now is fiber optic upgrade, and of
course, Time-Warner is very insistent that we stay on
schedule. The city of Schertz should be up and running in
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1996. Work is in progress in the Universal City, Live
Oak, Windcrest area, finishing that and moving out here to
complete the project in 1996 so you'll be able to look forward
to better reception, better services, more channels. More
channels have been added to the fiber optic upgrade area and
additional channels will be added as well in the next several
months, one of which will most likely be the History channel.
Some of the other channels of note - Court TV, Faith and Value
channel, the Food Network, and others. We also have the first
Interactive channel on the Sega Channel for games. The
service is about $30.00 per month and it cost $50.00 to set up
and then 50 channels a month are available. Finally, the
Emergency Alert System has been tested several times and
everything is ready to go, waiting for paperwork from one of
the other cities so that it is official. San Antonio will be
running the Emergency Alert System. City Manager Sweatt is
one of the main proponents of the system, encouraging Paragon
to develop such a system and we will have to, as mandated by
the FCC, have one in place by July of 1997 but are about two
(2) years ahead of the power curve. This system allows access
to the system whenever any city with a franchise agreement
with paragon has an emergency. They will be able to use the
system with a crawl being placed over every channel in the
cable lineup notifying the viewer to tune in to Channel 21
(government access channel) for details of the emergency and
instructions. Once the emergency has ended, the cities will
be notified, another unique feature.
Mr. Sweatt asked about the new pay per view movie menu, if
that will be available.
Ms.
will
movie
Nivens said
eventually
at any time
that they are testing some new services that
allow choice of menu category and access the
as opposed to the current fixed schedule.
Mr. McDonald asked if the new fiber optics would require that
cable be changed to each house?
Ms. Nivens said yes, they will go where the old cable is and
install the new fiber optics. The main thing that has to
happen is that the boxes have to be switched out. Even for
cable ready TV's a new box will be required in order to
receive the services and there will be a charge.
Mr.
some
there
Sawyer
could
is no
wondered if everyone had to take
stay with the current service.
requirement to add new services.
the service or if
Ms. Nivens said
Mr. Swinney asked, with the Time-Warner deal and technology,
if Ms. Nivens could venture any guess on the price stability
on cable rates for the next few year?
Ms.
coming
down.
Nivens commented that if
in from phone companies,
It really just depends on
anything, with
the cable rates
the competitive
competition
might come
environment.
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Inflationary cost might increase rates a little and pass
through service cost, but otherwise, the future has to be very
competitive.
Mr. Sweatt stated that fiber optics is really the
state-of-the-art not only for the interactive communication
but two-way communication. Our arrangement with Paragon
provides certain benefits through the use of fiber optics for
future use for municipal activities and we are real fortunate
the company has been farseeing enough to agree with us for the
value of those kinds of things - operating traffic signals and
all sorts of things can come about as fiber optics move into
the cable system.
Ms. Nivens stated that Paragon is one of the first cable
companies to put in such an aggressive plan for rebuilding the
cable into fiber optics. Paragon does now have the capability
of putting in phone service. With the apartment complexes
they already have just over 1,100 customers.
Mr. Sawyer wondered, with Cablemax and the DSS systems coming
in, if the city collects any kind of franchise fee or tax from
the payments made to Cablemax and DSS?
Mr. Sweatt stated there is no franchise fee paid but if they
are subject to sales tax, the city does collect that.
There being no further questions or comments, Mayor Baldwin
thanked Ms. Nivens for attending the meeting and giving the
update information.
#7 Consider and take action rejecting bid on xeriscape
park sidewalk.
Mr. Sweatt stated this item has been placed as an action
item. By November 7, 1995 on a 10:00 a.m. closing of the
deadline for bids, only one (1) bid was received in the amount
of $l6,758 for specific sidewalk type work in the xeriscape
park on Borgfeld Road across from the Animal Shelter. With
specific requirements appropriate for the theme of the park,
the single bid was simply more than we have budgeted or funds
available for the project, so we recommend you reject the one
(1) bid received and we will look at some alternatives and
re-bid the project.
Joe Potempa asked
$10,000 (received
specifications.
if
after
KD
the
Construction Company's
deadline) would have
bid
met
of
our
Mr.
was
They
Sweatt said we think they could have but since
received late, we didn't go through the bid in
were aware of the specs and bid accordingly.
the bid
detail.
Mr.
not
the
Greenwald said, in
recommend going less
nature and intent of
looking at alternative specs, he did
than 6' width on the sidewalks due to
the demonstration type park.
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Mr. McDonald moved to reject the single bid for the
park sidewalk from Robinson Construction. Mr.
seconded the motion which carried with the following
xeriscape
Sawyer
votes:
AYES:
Councilmembers McDonald, Potempa, Sawyer, Swinney and
Greenwald.
NAYS: None
#8 Discuss street assessment policy
improvements in Live Oak Hills Subdivision.
for
street
Mr Sweatt, briefly setting the scene, reiterated that Live Oak
Hills Subdivision lies along either side of Schertz Parkway
between the municipal building and IH-35. The area was
platted and ownership sold beginning in the late 60's and
early 70's (Mr. Wood interjected the date was May 31, 1963).
A spine roadway was built around a rural section, more or
less; two course penetration type . surface, open ditch
drainage, no water or sewer lines were extended lots
averaging about 71' X 125', generally in that size lots were
platted in that area. People bought those lots and they have
set there since, undeveloped, basically due to the lack of
utilities and the ability to extend utilities and streets.
The property owners and the city have been approached by Ron
Wood and Dale Johnson to discuss the possibility of
establishing an assessment program for a portion of the
improvements that will be necessary to go into the
subdivision. Ron will describe the area he proposes to
develop, his ownership relationship and how he would like to
proceed with the city. The city has the authority under State
law and City Charter to assess abutting property owners on the
benefit principle- i.e., those abutting property owners who
benefit from the presence of the street and drainage
improvements can be assessed for their fair share of the cost
of providing it. The city and only the city is empowered to
do that. No one owner can commit the other owner to that
program, no one can make any kind of binding arrangements
outside of the city. Extension of utilities under our
subdivision regulations can be accomplished and agreements can
be entered into between the city and a developer for the
purpose of extending water and sewer lines and the developer
or person who pays the cost standing to recover at least a
portion of their extension cost when additional connections
are made, but no such arrangement exists for streets and
drainage improvements except in an assessment program. This
has been discussed on several occasions and I have discussed
and reviewed the matter with the city attorney and have asked
Ron to be here to discuss the possibility of doing an
assessment program.
Mr. Wood said the subdivision has been broken down into three
phases as the economical way to do the project. Phase I would
be from King Lane up Schertz parkway. This was put together
in June with as many of the property owners who would come
into the partnership to improve the property. Regarding those
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who chose not to join the partnership, we have bought lots and
are contracted to close on all remaining lots the original
developer had - probably 60 lots in the Schertz area and 50
lots in the Selma area. In looking at the Phase I area, there
are probably l50 net lots that can actually be used. With
transmission lines running through the property at an angle,
some of the lots aren't any good. The engineer discovered a
drainage problem so all the corner lots on the road on the
IH-35 side will have to go for a drainage channel to carry the
water from the north side of Schertz Parkway, ending up with
approximately 150 net lots. LCRA and GVEC have been dealt
with and they plan to put another transmission line adjacent
to the existing line so that will wipe out a bunch more lots,
so we are looking at 150 on either side.
The company's engineer and contractor at Ashley Place say it
is going to cost approximately $8,000 per lot with streets,
water and sewer and drainage to develop for market. Some
people do not want to sell their lots but we have l20 lots out
of the 150 net on one side. Of the other l50 lots, we have 80
lots on the other side; would like to end up with at least
l30 and that is why we ask that you would do this assessment
so that we can recapture no more, no less than what it costs
to develop those lots.
Mayor Baldwin asked if the assessment would just involve
20 or 30 lot owners that you don't have control over.
Wood said that is correct as the other lots have already
bought or the owners have entered into the partnership.
the
Mr.
been
Mr. Sweatt said likely the way it would have to happen is the
engineer would do the design and we solicit bids and the bids
are let; in the meantime, there are certain requisite
hearings in which all the property owners have an opportunity
to attend hearings and make their feelings known. The City
Council has the right to pass an ordinance that assesses all
of the property. Of course 120 of that assessment would be
paid by the money that Ron has put into the pot, the remainder
of that would be due and payable from the other owners.
Mr. Wood said if it runs $8,000 a lot to bring each lot in,
and there are 30 lots we don't have, that is a quarter of a
million dollars.
Mr. Johnson said that one of their concerns is that if they
don't get the city to approve this, they are going to have a
difficult time probably in the next two (2) phases. Once the
contract work is started, people figure they are going to get
their lots improved in Phase II and they probably won't come
into the partnership.
Mr. Swinney asked where they ultimately see this development
going in homes.
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Mr. Wood said basically, what the lots are going to sell for
is somewhere between what Rayco is doing and what is being
done in Greenshire. If you are marketing a lot for $20,000 or
$22,000 you can't do it in a very small house. The square
footage on the lots on the IH-35 side of Live Oak Boulevard
are 75' X l20' and on the Schertz side, 70' X 120'. They go
from 170' deep to a little over 200' deep. Most of the lots
were originally sold for anywhere from $500 to $1,000.
Mayor Baldwin asked what happens with those property owners
who just absolutely refuse to pay. Is there a lien placed on
the property for $8,OOO?
Mr. Sweatt said the normal process would be, under the
assessment program, once the front footage cost was determined
(say $70 a running foot), your looking at $6,000 per lot for
the street, curb and gutter and drainage portion.of the cost,
a lien would be filed against the property and the property
owner would have an opportunity to pay'it off with interest
during a five (5) year period. That constitutes a lien
against the property, second only to taxes. If the lien was
not paid off, it would set there as an obligation to the
property owner and as it changed ownership, it would be a bill
that must be paid before they take clear title. The payment
would be made to the city because the city entered into an
agreement with the developer to repay those directly to him,
both principal and interest collected.
Mr. Sawyer asked
properties owned
ourselves.
if we would have to put up any money on the
by the city. Mr. Sweatt said we assess
Mayor Baldwin asked Mr. Wood if he was the same Ron Wood that
was going to do the project across the street. Mr. Wood
replied yes, but the developer never did anything to get it
ready before the contract time to close came and went. For
the time being, until Ray Ellison sells out, it is a dead
issue.
Mayor Baldwin asked Mr. Wood, when he does this project at
Live Oak Hills, if he would be the developer and would he be
building homes and Mr. Wood replied some of them.
Mr. Sawyer recommended the Council instruct the City Manager
to press on with a cost estimate from the engineer and inform
property owners of scheduled public hearing(s) for the purpose
of intent to assess. Council agreed.
#9 Discuss ordinance establishing child safety fees for
specific Municipal Court charges.
Mr. Sweatt stated that in the packets is a draft of an
ordinance establishing specific child safety fees for specific
Municipal Court charges. Judge Cinnamon is here to help
answer questions. Judge Cinnamon, city Attorney Spain and
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Chief Agee and I have reviewed this recommended ordinance.
This is as a result of certain changes to the traffic code and
other state authorized fees and charges based on violations of
state and local ordinances. We propose that under this
ordinance, additional fees over and above any fines or other
charges, that an amount of $5.00 be charged for parking
violations in school zones; $20.00 for speeding in school
zones; $20.00 for overtaking and passing a school bus; and
$20.00 thwarting compulsory school attendance. All of these
are authorized under the recent amendments to state law.
These are established as a child safety fee and establishes
such a funding arrangement within the municipal government.
These are proposed to be used primarily to fund a school
crossing guard program as well as certain other kinds of
activity for child safety. We think these funds, over and
above the school crossing guard program, would go toward
certain other things like child safety literature, anti-gang
material, bicycle safety programs, etc" projects for which
there are limited or no funds to accomplish. We estimate in
this fiscal year we're looking at approximately $6,000. We've
discussed, depending upon this activity and how the remainder
of the first six (6) months of this fiscal year look, we may
also want to come back to you and talk about adding a school
crossing guard at Randolph and Aero due to additional
congestion. The two guards we have now have been in
essentially the same location for the last 13 years, maybe
longer. Judge Cinnamon is here to answer questions as to how
the ordinance was created.
Mr.
the
ago,
same
Swinney asked why the school district isn't in charge of
school crossing program. Mr. Sawyer said because years
they let the school get away with putting it on the City,
as they did in San Antonio.
Mr. Sweatt said in our case, the program is operated through
the police service but in some cities the school has operated
the program, some have been joint activities, and some have
been PTA programs. In any city there are plethoras of
operation.
Mr. Swinney asked if the city, through the police service,
was deemed to be the most effective, most efficient way to
approach the issue. Mr. Sweatt said, frankly, one of the
best programs was one in which students were involved on a
volunteer basis, run through a middle school activity, simply
because it involved youngsters and seemed to have a good
response.
Mr. Sawyer suggested perhaps since the schools are building up
a police force, they may want to take that over and control
the crossing guards themselves in the future.
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Mayor Baldwin said there are Mama Patrols in Universal City,
but they also work in the cafeteria; so if the school
district assumes the responsibility of school patrols in
Schertz, we'd have to take a look at Universal City as well.
Mayor Baldwin suggested if one wanted to make that
recommendation to the school board, we do that, but he would
suggest some research into the reality.
Mr. Sweatt reminded Council there is a very small amount of
funding from Bexar County from a license fee which accrues to
us for funding of crossing guards.
Mr. Swinney
operation is
up pulling an
remarked that the problem with our current
that if a crossing guard doesn't show up, we end
officer off patrol.
Mr. Potempa asked if these fees are mandated by, the state of
Texas. Mr. Sweatt stated the maximum amount is established,
and if it is the wish of the city to adopt them, they can.
There is no requirement, this ordinance is purely optional on
our part we felt it was an appropriate thing to do. We
could not pass these fees to a greater amount. The Court and
Judge sets the fine, but if we chose to set these fees they
would simply not be assessed.
In answer to Mr. McDonald's inquiry regarding overtaking a
school bus - Mr. Sweatt said it had moved up to a Class B
misdemeanor, a pretty serious offense. However, this last
session moved it back down to a Class C misdemeanor.
Judge Cinnamon said we can handle them here in Municipal
Court, $500 maximum, $200 minimum. It was all based on the
Attorney General's opinion that this fine only can incorporate
these rehabilitative actions that we take. We can't lock them
up, but we can make them commit some community service.
Mr. Swinney asked Judge Cinnamon to help him
legality, putting it in layman terms regarding
compulsory school attendance for minors; is that
thing as playing hooky and if so, how much is that
cost them?
with the
thwarting
the same
going to
Judge Cinnamon responded in the affirmative and the fine is up
to the judge. For the juvenile who hasn't reached the 17th
birthday it is $100.00 maximum; over that (17 years), I can
go higher. By the same token, I can't consider it enforceable
if they don't reach a l7th birthday during that school year;
however, if they reach a l7th birthday during that school
year, then they are punishable for that school year, not
beyond.
Mr. Swinney stated he has a real problem with this one
offense. Understanding the intent is for a worthwhile cause,
but the crime versus the penalty and its use is just so far
separated; that being a fine for speeding in a school zone and
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then getting nailed for $20.00 more to go for drug and alcohol
abuse and child abuse that has no relation to speeding in a
school zone doesn't make sense. This just comes across as the
government reaching out, oozing around for more fees any way
they can and it just doesn't have any ratio. On that basis,
the ordinance wording, in his opinion, should strike all but
"child safety".
Mr. Sweatt stated that it was concluded that the funds would
go primarily to the school crossing guard program, but any
funds available over and above are, in his opinion, programs
the police service could and should be operating that have
merit and it seems more appropriate to collect those funds
from those type of violators than it does from the general tax
payer. A program that has not been mentioned, but he believes
has significance, is furnishing child safety seats for persons
who can prove indigence. Mr. Sweatt st~ted it would be up to
the Council to approve or disapprove expenditures for certain
programs in the budget process.
Mr. Swinney said he thought the government was just going
berserk with fees. You pick up the Schertz Police Blotter in
the weekly paper and you see all this family violence. Why
don't we start charging them $25.00 and fund family and child
abuse? He said he could almost buy off on the ordinance if it
was used just for school crossing guards because it is
related, but our judicial system has always been punitive. We
are turning our judicial system into a social taxing authority
and it is wrong, it's dead wrong! He could relate the fine to
the school crossing guard because that has to do a little bit
with what the infraction was, but he has a problem voting for
an ordinance that is going to take $20.00 from someone in a
hurry one morning in front of Samuel Clemens to go buy a child
car seat for someone who is poor, or run a drug and alcohol
abuse prevention program for kids. That has nothing to do
with it.
Mr. McDonald said he thought the council would have to
approve that in our line item budget.
Judge Cinnamon stated the violation of a minor in possession
has been changed during the recent legislation. Manditorily
now, he must send them to a drug rehabilitation center for
counseling. So far, he has only had two (2) and he's had
someone pick up the cost so the City wouldn't have to pay.
The law says that he must send them to one if it is available.
Mr. Sawyer asked if the City has to pay for it. Judge
Cinnamon said the City does not have to pay for it; however,
the point is, that is part of child safety, and if these
centers who are State certified and can charge for their
services demand that we pay for this, he still has to send
them and will have to come back to the City Manager to cough
up some money.
-54-
Mr. Greenwald said no, we go back to the State that wrote the
law that says you've got to do it and they're going to pay.
Mayor Baldwin reiterated that Mr. Swinney stated he does not
think we should use the money for drug programs; for specific
things like car seats. If we take some of the verbiage out of
that - pay for Mama Patrols (crossing guards) is the right way
to use the money - $6,000 would buy us some more Mama Patrols.
Mr. Greenwald said he agreed with Mr. Swinney, he would
to have specific language removed, using the monies to
school crossing guards, and anything over that be used
child safety, period.
like
fund
for
Mayor Baldwin asked about using the excess money to paint the
zebra crossing at the school crossing locations and/or
providing equipment such as the orange c?nes used.
Mr. Swinney reiterated that he thought the monies should be
used solely for the school crossing program and that could
include enhancements to that, but not for such fluff as an
expensive video, anti-drug literature or car seats, it has no
relation in his mind.
It was agreed to strike specific verbiage in Section IV, third
paragraph, last sentence to read, " If the City does not
operate a school crossing guard program, or to the extent that
the funds so collected exceed the amount necessary to fund the
school crossing guard program, the City Manager may either
deposit the additional money in an interest-bearing account or
expend it for programs designed to enhance child safety".
#lO CITY MANAGER'S REPORT: A.
changing employee health insurance
Pacificare and the item be placed on
Recommended discussion of
coverage from Humana to
the next agenda.
B. Recommended placing a discussion item on the next agenda
regarding bids on the sewer line project.
C. Suggested, at the pleasure of the City Council, to
re-schedule the December 27, 1995 workshop meeting to
accommodate holiday plans unless an emergency should arise.
The next regular session being January 2, 1996 and the
workshop session on January 10, 1996.
D. Reminded Council of the City Christmas party and awards
dinner at the Community Center on December 15, 1995, 6:30 p.m.
III ITEMS BY CITY COUNCIL: A. Mr. Swinnev commented on
the San Antonio councilmembers walking off from citizens
during meetings.
B. Noted that if the flat tax is enacted in Congress it will
wipe out municipal bonds.
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Mr. Potemoa: A. Reported the street light at Irola and Well,
which was supposed to have been repaired, is off-and-on and
asked Mr. Sweatt to call CPS to find out the status.
B. Commended S.A.F.E.S. for responding to an accident in the
City, representing the City well.
~r. Sawver: Mentioned the Lion's Club bake sale in front of
Wuest next Wednesday for Thanksgiving.
Mr. McDonald:
collections.
Commended Judge
Cinnamon for the Court
~r. Greenwald: A. Reported
vice-chairman Monday night
Authority Board.
B. Reported the Planning & Zoning Commission is looking at
amending the gated community regulations.
Fritz
to the
Schlather was elected as
Canyon Regional Water
C. Reported that from September, 1993 to September, 1995
there have been 821 lots platted and homes built.
D. Reminded of the VFW breakfast and garage sale.
E. Mentioned the MPO meeting at Live Oak Thursday night,
11/16.
#12 ITEMS BY MAYOR: A. Reminder of the Senior Citizen's
Craft Show at the Community Center, Saturday, November lB.
B. Suggested communications be forwarded to push Clinton to
insure inspections of the coming rash of Mexican vehicles.
113 ADJOURNMENT:
by Mr. Swinney and
adjourned at 9:32 p.m.
and seconded
meeting was
~
Texas
ATTEST:
1J () j} .LJJr .Pa.-J i5 /..1 '7/!o./ -'
Deputy City Secretary, City of Schertz
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