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"City of Choice"
ORDINANCE NO. 9 5 7
AN ORDINANCE OF THE CITY OF CIBOLO,TEXAS,AMENDING CHAPTER 26
(EMERGENCY MANAGEMENT) OF THE CODE OF ORDINANCES BY REQUIRING
A PERMIT FOR THE OPERATION OF AN ALARM SYSTEM,PROVIDING FOR THE
SUSPENSION OF PERMITS,PROVIDING FOR THE REGULATION OF REPORTING
AND OPERATION OF ALARM SYSTEMS,ESTABLISHING AND OFFENSE AND
PROVIDING FOR PENALTIES AND FEES.
WHEREAS,the Texas Local Government Code Chapter 214, Subchapter F authorizes a
municipality to adopt an ordinance requiring a permit for the operation of a burglar alarm
system; and
WHEREAS, the Texas Local Government Code, Section 214.194 authorizes a
municipality to establish an annual fee not to exceed$50 for a residential alarm permit; and
WHEREAS,the Texas Local Government Code Section 219.197 authorizes a
municipality to impose a penalty for false alarms; and
WHEREAS,the City Council desires to regulate and establish requirements for the
operation of burglar alarm systems within the corporate city limits of the City of Cibolo.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CIBOLO,TEXAS,THAT:
Section 1. That the Cibolo Code of Ordinances Section 26-66 through 26-99 is
hereby amended to read as follows:
Sec.26-66. -Definitions.
In this chapter the following terms and phrases shall have the following meanings:
Alarm administrator means a person or persons designated by the governing authority to
administer, control and review false alarm reduction efforts and administer the provisions of this
chapter.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Alarm installation company means a person in the business of selling,providing, maintaining,
servicing, repairing, altering, replacing, moving or installing an alarm system in an alarm site.
Alarm dispatch request means a notification to the city that an alarm has been activated at a
particular alarm site and that city emergency service is requested.
Alarm permit means authorization granted by the alarm administrator to an alarm user to operate
an alarm system.
Alarm permit application means the written application for and alarm permit filed by an alarm
user with the alarm administrator.
Alarm site means a single fixed premises or location served by an alarm system or systems. Each
unit, if served by a separate alarm system in a multi-unit building or complex, shall be
considered a separate alarm site, and is further defined by the following categories:
(a) Residential site means a single family residence and each residential unit of multi-unit
building or complex which is served by an alarm system.
(b) Commercial site means every premises or location where any business activity is
regularly conducted and which is served by an alarm system. Each unit of a business
premises or business location, if served by a separate alarm system in a multi-unit
building or complex, shall be considered a separate commercial alarm system site.
(c) Financial site means every premises or location of a financial institution which is
required to have an alarm system pursuant to the Bank Protection Act of 1968 (12 U.S.C.
§1882).
(d) Educational/government site means every premises or location of a public or private
schoolor school administrative office and every premises or location of any federal,
state, county or municipal governmental office.
Alarm system means a device or series of devices, including,but not limited to,hardwired
systems and systems interconnected with a radio frequency method such as cellular or private
radio signals, which emit or transmit a remote or local audible, visual or electronic signal
indicating an alarm condition and intended to summon a city emergency service response,
including local alarm systems. Alarm system does not include an alarm installed in a vehicle or
on someone's person unless the vehicle or the personal alarm is permanently located at a site.
Alarm user means any person who (which) owns or operates an alarm system at an alarm site.
Arming station means a device that allows control of an alarm system.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Automatic voice dialer means any electrical,electronic, mechanical, or other device capable of
being programmed to send a prerecorded voice message, when activated, over a telephone line,
radio or other communication system, to a city emergency service requesting dispatch.
Cancellation means the process where response is terminated when a monitoring company
(designated by the alarm user) for the alarm site notifies the responding city emergency service
that there is not an existing situation at the alarm site requiring a response after an alarm dispatch
request.
City means the City of Cibolo,Texas.
City emergency service means any emergency service provided by the city, including police,fire,
and emergency medical services.
City manager means the City Manager of the City of Cibolo, Texas, or the city manager's
designee.
Duress alarm means a silent alarm system signal generated by the entry of a designated code into
an arming station in order to signal that the alarm user is being forced to turn off the system and
requires law enforcement response.
False alarm means an alarm dispatch request, which has generated a city emergency service
response, which is canceled, or when no emergency condition is found at the alarm site.
Holdup alarm means a silent alarm signal generated by the manual activation of a device
intended to signal a robbery in progress.
Local alarm system means any alarm system, which is not monitored, that emits an audible alarm
only at the alarm site.
Monitoring means the process by which a monitoring company receives signals from an alarm
system and relays an alarm dispatch request to the municipality for the purpose of summoning
city emergency services to the alarm site.
Monitoring company means a person in the business of providing monitoring services.
Panic alarm means an audible alarm system signal generated by the manual activation of a
device intended to signal a life threatening or emergency situation requiring emergency response.
Person means an individual, corporation, partnership, association, organization or similar entity.
Responder means an individual capable of reaching the alarm site within thirty(30) minutes and
having access to the alarm site, the code to the alarm system and the authority to approve repairs
to the alarm system.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
SIA Control Panel Standard CP-01 means the ANSI—American National Standard Institute
approved Security Industry Association—SIA CP-01 Control Panel Standard, as may be
updated from time to time, that details recommended design features for security system control
panels and their associated arming and disarming devices to reduce the incidence of false alarms.
Control panels built and tested to this standard by Underwriters Laboratory (UL), or other
nationally recognized testing organizations,will be marked to state: "Design evaluated in
accordance with SIA CP-01 Control Panel Standard Features for False Alarm Reduction".
Transfer means the transaction or process by which an alarm user takes over control of an
existing alarm system, which was previously controlled by another alarm user.
Verify means an attempt by the monitoring company, or its representative, to contact the alarm
site and/or alarm user by telephone and/or other electronic means, whether or not actual contact
with a person is made,to determine whether an alarm signal is valid before requesting city
emergency service dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For
the purpose of this chapter, telephone verification shall require, as a minimum, that a second call
be made to a different number if the first attempt fails to reach an alarm user who can properly
identify themselves to determine whether an alarm signal is valid before requesting an
emergency response.
Zones mean division of devices into which an alarm system is divided to indicate the general
location from which an alarm system signal is transmitted.
Section 26-67. - Permit required; application: fee; transferability; false statements.
(a) No alarm user shall operate, or cause to be operated, an alarm system at its alarm site
without a valid alarm permit. A separate alarm permit is required for each alarm site.
•
(b) The fee for an alarm permit or an alarm permit renewal is set forth below and shall be
- paid by the alarm user. No refund of a permit or permit renewal fee will be made. The
initial alarm permit fee must be submitted to the alarm administrator within ten (10) days
after the alarm system installation or an alarm system transfer.
(1) Permit fees: (See appendix A, fines and fees).
(2) Renewal fees: (See appendix A, fines and fees).
(c) Upon receipt of a completed alarm permit application form and the alarm permit fee, the
alarm administrator shall register the applicant unless the applicant has:
(1) Failed to pay a fine assessed under section 26-72; or
(2) Had an alarm permit for the alarm site suspended and the violation causing the
suspension has not been corrected.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(d) Each alarm permit application must include the following information:
(1)The name,complete address (including apt/suite number), and telephone numbers of
the person who will be the permit holder and be responsible for the proper maintenance
and operation of the alarm system and payment of fees assessed under this article.
(2)The classification of the alarm site as either residential(includes apartment, condo,
mobile home, etc.)commercial, financial, or educational/government.
(3)For each alarm system located at the alarm site, the classification of the alarm system
(i.e. burglary, holdup, fire, emergency medical, duress,panic alarms or other) and for
each classification whether such alarm is audible or silent.
(4)Mailing address, if different from the address of the alarm site.
(5)Any dangerous or special conditions present at the alarm site.
(6)Names and telephone numbers of at least two individuals who are able and have
agreed to: (a)receive notification of an alarm system activation at any time; (b)respond
to the alarm site within thirty(30) minutes at any time; and(c)upon request can grant
access to the alarm site and deactivate the alarm system if necessary.
(7) Type of business conducted at a commercial alarm site.
(8) Signed certification from the alarm user stating the following:
a. The date of installation or transfer of the alarm system, whichever is applicable.
b. The name, address, and telephone number of the alarm installation company or
companies performing the alarm system installation or transfer and of the alarm
installation company responsible for providing repair service to the alarm system.
c. The name, address, and telephone number of the monitoring company if
different from the alarm installation company.
d. That a set of written operating instructions for the alarm system, including
written guidelines on how to avoid false alarms, have been left with the applicant
by the alarm installation company.
e. An acknowledgment that the alarm installation company has trained the
applicant in proper use of the alarm system, including instructions on how to
avoid false alarms.
f. An acknowledgment that the alarm user understands and agrees that a city
emergency service response may be influenced by factors including,but not
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
limited to the availability of city emergency service units, priority of calls,
weather conditions, traffic conditions, emergency conditions, staffing levels, etc.
(e) Any false statement of a material fact made by an applicant for the purpose of obtaining an
alarm permit shall be sufficient cause for refusal to issue a permit or for suspension of an
existing permit.
(f) An alarm permit cannot be transferred to another person or alarm site. An alarm user shall
inform the alarm administrator of any change that alters any of the information listed on the
alarm permit application within ten (10)business days of such change.
(g) All fines and fees owed by an applicant must be paid before an alarm permit may be issued or
renewed.
Sec.26-68. -Alarm permit duration and renewal.
An alarm permit applicant will have the option of purchasing an annual or a triennial permit. The
annual permit shall expire twelve(12) months from the date of issuance, and must be renewed
annually by submitting an updated application and a permit renewal fee to the alarm
administrator. The triennial permit will expire thirty-six (36) months from the date of issuance
and must be renewed by submitting an updated application and a permit renewal fee to the alarm
administrator. It is the responsibility of the alarm user to submit an application prior to the
permit expiration date. Failure to renew will be classified as use of a non-permitted alarm system
and fines shall be assessed. A ten dollar($10.00) late fee may be assessed if the renewal is more
than thirty(30) days late.
Sec.26-69. -Duties of the alarm user.
(a) An alarm user shall:
(1)Maintain the alarm site and the alarm system in a manner that will minimize or
eliminate false alarms;
(2)Make every reasonable effort to have a responder arrive at the alarm system's location
within thirty (30) minutes when requested by a city emergency service in order to:
a. Deactivate an alarm system;
b. Provide access to the alarm site; and/or
c. Provide alternative security for the alarm site.
(3)Not activate an alarm system for any reason other than an occurrence of an event that
the alarm system was intended to report.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(b) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an
alarm signal audible on the exterior of an alarm site will sound for no longer than twenty(20)
minutes after being activated.
(c) An alarm user shall not use automatic voice dialers.
(d)An alarm user shall maintain at each alarm site, a set of written operating instructions for each
alarm system.
Sec.26-70. -Duties of alarm installation company and monitoring company.
(a) The alarm installation company shall provide written and oral instructions to each of its alarm
users in the proper use and operation of their alarm systems. Such instructions will specifically
include all instructions necessary to turn the alarm system on and off and to avoid false alarms.
(b) Upon the effective date of this chapter, alarm installation companies shall not install a device
to activate a holdup alarm which is a single action,non-recessed button.
(c) Alarm installation companies shall, on new installations,use only alarm control panels which
meet SIA Control Panel Standard CP-01.
(d) An alarm company shall not use automatic voice dialers.
(e) After completion of the installation of an alarm system, an alarm installation company
employee shall review with the alarm user the customer false alarm prevention checklist.
(f) A monitoring company shall:
(1)Report alarm signals by using telephone numbers designated by the alarm
administrator;
(2)Verify every alarm signal, except for duress or holdup alarm activation before
requesting a city emergency service response to an alarm system signal;
(3) Communicate alarm dispatch requests to the city in a manner and form determined by
the alarm administrator;
(4) Communicate cancellations to the city in a manner and form determined by the alarm
administrator;
(5)Ensure that all alarm users of alarm systems equipped with a duress, holdup or panic
alarm are given adequate training as to the proper use of the duress, holdup or panic
alarm;
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(6) Communicate any available information (north, south,front,back, floor, etc.) about
the location on all alarm signals related to the alarm dispatch request;
(7) Communicate type of alarm activation (silent or audible, interior or perimeter);
(8) Provide the address of the alarm site;
(9) After an alarm dispatch request,promptly advise the responding city emergency
service if the monitoring company knows that the alarm user or the responder has or has
not been contacted;
(10) Upon the effective date of this chapter,monitoring companies must maintain for a
period of at least one(1)year from the date of the alarm dispatch request, records relating
to alarm dispatch requests. Records must include the name, address and telephone
number of the alarm user, the alarm system zone(s) activated, the time of alarm dispatch
request and evidence of an attempt to verify. The alarm administrator may request copies
of such records for individually named alarm users. If the request is made within sixty
(60) days of an alarm dispatch request, the monitoring company shall furnish requested
records within ten (10)business days of receiving the request. If the records are requested
between sixty (60) days to one(1) year after an alarm dispatch request,the monitoring
company shall furnish the requested records within thirty(30) days of receiving the
request.
(h) An alarm installation company and/or monitoring company that purchases alarm system
accounts from another person shall notify the alarm administrator of such purchase and provide
details as may be reasonably requested by the alarm administrator.
Sec.26-71. -Duties and authority of the alarm administrator.
(a)The alarm administrator shall:
(1)Designate a manner, form and telephone numbers for the communication of alarm
dispatch requests; and
(2)Establish a procedure to accept cancellation of alarm dispatch requests.
(b) The alarm administrator shall establish a procedure to record such information on alarm
dispatch requests necessary to permit the alarm administrator to maintain records, including,but
not limited to, the information listed below:
(1) Identification of the permit number for the alarm site.
(2) Identification of the alarm site.
(3)Date and time alarm dispatch request was received.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-6584687
(4)Date and time of the city emergency service arrival at the alarm site.
(c)The alarm administrator shall establish a procedure for the notification to the alarm user of a
fineable false alarm.
(d)The alarm administrator may require a conference with an alarm user and the alarm
installation company and/or monitoring company responsible for the repair or monitoring of the
alarm system to review the circumstances of each false alarm.
(e)The alarm administrator may create and implement an alarm user awareness class. The alarm
administrator may request the assistance of associations, alarm companies and law enforcement
agencies in developing and implementing the class. The class shall inform alarm users of the
problems created by false alarms and teach alarm users how to avoid generating false alarms.
(f) The alarm administrator may require an alarm user to remove a holdup alarm that is a single
action, non-recessed button, if a false holdup alarm has occurred.
Sec.26-72. - Fines.
(a) An alarm user shall be subject to fines, depending on the number of false alarms within any
twelve-month period based upon the schedule set forth in appendix A, fines and fees.
(b) In addition, any person operating a non-permitted alarm system will be subject to a fine(see
appendix A, fines and fees) for each false alarm in addition to any other fines. The alarm
administrator may waive this additional fine for a non-permitted system if the alarm user submits
an application for alarm permit within ten (10) days after notification of such violation.
(c)The alarm installation company shall be subject to a fine (see appendix A, fines and fees) if
the responding city emergency service determines that an on-site employee of the alarm
installation company directly caused the false alarm. In this situation, the false alarm will not be
counted against the alarm user.
(d)The monitoring company shall be subject to a fine(see appendix A, fines and fees) for each
failure to verify alarm system signals as specified in section 26-70 (f) (2).
(e)Notice of the right of appeal under this chapter will be included with any fines.
Sec.26-73. - Suspension.
(a) The alarm administrator may suspend any alarm permit upon the occurrence of any of the
following conditions:
(1) If the alarm user provides any false information in, or in connection with, an alarm permit
application;
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(2) If an alarm site has more than eight(8) false alarms in any twelve-month period; or
(3) If any fines assessed by the alarm administrator become one hundred eighty(180) days or
more past due.
(b) An alarm user may appeal the suspension of an alarm permit in accordance with the provision
for appeals set forth in this chapter.
(c)The alarm administrator will notify the alarm user in writing after the alarm permit has been
suspended and the reason for the suspension. The notice of suspension may also include the
amount of the fine for each false alarm, if applicable.
Sec.26-74. -Appeals.
(a) If the alarm administrator assesses a fine or denies the issuance, renewal or reinstatement of
an alarm permit,the alarm administrator shall send written notice of the action and a statement of
the right to an appeal to either the affected applicant or alarm user and the alarm installation
company and/or monitoring company.
(b)The alarm user, alarm installation company or monitoring company may appeal an
assessment of a fine or the suspension of an alarm permit to the alarm administrator by setting
forth in writing the reasons for the appeal within ten (10)business days after receipt of the fine or
notice of suspension and by submitting a certified check in the amount of twenty-five dollars
($25.00) payable to the city to cover the cost of processing the appeal. The payment for the cost
of the appeal will not be refunded.
(c) The alarm user, alarm installation company or monitoring company may appeal the decision
of the alarm administrator by requesting, within ten (10)business days from the date of the
decision, that the alarm administrator forward the appeal to the city manager. The alarm
administrator will, within five(5)business days of such a request, provide the city manager with
notice of the appeal. The city manager shall, within a period of thirty(30) days from receipt of
the notice of appeal from the alarm administrator, hear the appeal and the facts as presented by
the appellant and the alarm administrator, affording both parties a reasonable and equal amount
of time for the presentation of facts, evidence, and the questioning and cross-examination of
witnesses. Within ten (10) business days of the hearing, the city manager shall render a final,
written decision affirming or reversing the decision of the alarm administrator. Such written
decision shall be filed with the city secretary.
(d) Filing of a notice of appeal shall stay the action by the alarm administrator suspending an
alarm permit or requiring payment of a fine, until the city manager has rendered a decision. If a
request for an appeal to the city manager is not made within the required ten (10)business day
period, the action of the alarm administrator is final.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(e) The alarm administrator may adjust the count of false alarms based on:
(1)Evidence that a false alarm was caused by an Act of God;
(2)Evidence that a false alarm was caused by action of the telephone company;
(3)Evidence that a false alarm was caused by a power outage lasting longer than four(4)
hours;
(4)Evidence that the alarm dispatch request was not a false alarm; and/or
(5)Evidence that a city emergency service response was not completed in a timely
fashion.
(f) With respect to fines of an alarm installation company or monitoring company the alarm
administrator may take into consideration whether the alarm company or monitoring company
has engaged in a consistent pattern of violations.
Sec.26-75. - Reinstatement.
(a) A person whose alarm permit has been suspended may, at the discretion of the alarm
administrator, have the alarm permit reinstated by the alarm administrator if the person:
(1) Submits a new application and pays a reinstatement fee (see appendix C, fines and
fees);
(2)Pays, or otherwise resolves, all outstanding citations and fines; and
(3) Submits a certification from an alarm installation company, stating that the alarm
system has been inspected and repaired (if necessary)by the alarm installation company;
(b) In addition,the alarm administrator may require one or more of the following as a condition
to reinstatement:
(1) Proof that an employee of the alarm installation company or monitoring company
caused the false alarm;
(2)A certificate showing that the alarm user has successfully completed the alarm user
awareness class as provided under section 26-71(e);
(3)Upgrade the alarm control panel to meet SIA Control Panel Standard CP-01;
(4)A written statement from an independent inspector that the alarm system has been
inspected and is in good working order;
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
(5) Confirmation that all motion detectors are "dual technology" type;
(6) Confirmation that the alarm system requires two independent zones to trigger before
transmitting an alarm signal to the monitoring company;
(7) Confirmation that the alarm system requires two (2)independent detectors to trigger
before transmitting an alarm signal to the monitoring company;
(8) Certification that the monitoring company will not make an alarm dispatch request
unless the need for a city emergency service is confirmed by a listen-in device;
(9) Certification that the monitoring company will not request an alarm dispatch unless
the need for a city emergency service response is confirmed by a camera device; or
(10) Certification that the monitoring company will not make an alarm dispatch request
unless the need for a city emergency service response is confirmed by a person at the
alarm site.
Sec.26.76. - Confidentiality.
In the interest of public safety, all information contained in and gathered through the alarm
permit applications and applications for appeals shall be held in confidence by all employees or
representatives of the city and by any third-party administrator or employees of a third-party
administrator with access to such information.
Sec.26.77. - Governmental immunity.
An alarm permit is not intended to,nor will it, create a contract, duty or obligation, either
expressed or implied, for a city emergency response. Any and all liability and consequential
damage resulting from the city's failure or inability to respond to a notification is hereby
disclaimed and governmental immunity as provided by law is retained. By applying for an alarm
permit,the alarm user acknowledges that a city emergency response may be influenced by
factors such as: The availability of city emergency service units,priority of calls, weather
conditions, traffic conditions, emergency conditions, staffing levels and prior response history.
Sections 26.78—26.115—Reserved.
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone' 210-658-9900 Fax: 210-658-1687
Section 2. It is hereby declared to be the intention of the City Council that if any of the
sections, paragraphs, sentences, clauses and phrases of this Ordinance shall be declared
unconstitutional or otherwise illegal by the valid judgment or decree of any court of competent
jurisdiction, such event shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this Ordinance, since the same would have been enacted by the City
Council without the incorporation in this Ordinance of any such unconstitutional or illegal
phrase, clause, sentence, paragraph or section..
Section 3. This Ordinance shall be in full force and effect from and after final passage
and approval of the city council of the City of Cibolo, and publication twice in a newspaper of
general circulation as provided by law.
PASSED AND APPROVED THIS 14th DAY OF DECEMBER 2010.
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Jennifer Hartman,Mayor
ATIEST:
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Peggy Cimics, City Secretary
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Approved as to Form:
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City Attorneys Office
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200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687
Appendix A:
FINES AND FEES
Permit fee and permit renewal fee
Residential site:
Initial Application to include 1 year permit- $25.00
Annual Permit Renewal- $15.00
Triennial Permit Renewal- $30.00
Commercial site$50.00
Financial site$100.00
Educational/government site No fee
Late fee$10.00
Alarm permit reinstatement fee$25.00
False alarm fines, per alarm
4-5 within any 12-month period$50.00
6-7 within any 12-month period$75.00
8 or more within any 12-month period$100.00
Monitoring company failure to verify, per incident$100.00
Appeal fee, per appeal$25.00
Use of a non-permitted alarm system,per incident$100.00
Use of alarm system during alarm permit suspension, per alarm$200.00
Failure to comply with or violation of section 26-70, per incident$200.00
200 South Main Street,P.O.Box 826,Cibolo,Texas 78108 Phone: 210-658-9900 Fax: 210-658-1687