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New Braunfels Herald-Zeitung (Newspaper) - October 25, 1996, New Braunfels, Texas Cross Saturday 50 CENTS To contribute to the United Way call 6207760 UMHMW New Braunfels Herald 20332 M009 SOWEST MICROPUBLISHING E YANDELL DR EL PASO TX 79903 14 pages in two sections Friday October Serving Comal County and surrounding areas for more than 144 years Horne of FELICIA LOMBARDO Vol 144 No 249 Inside Stammtisch MffJictay wlMws from The New Braunfels Herald Zeituing extends birthday wishes to Lucy Resales Michael Brooks Donna Leifeste Rose Neria Jeri Brumbelow Julia Soef je David Giese Jimmy Guerrero David Guerrero Kalyn Callia Skylar Togliabue Lieu Collins Jeanie Good Felicia Lombardo 5 years Snndi Mathe son Brad Cooney 31 Viola Helen Stephenson Elizabeth Barboza 17 Louis Valdez III Ellen Simmons 90 Ruben Leal Jr 13 Virginia Villalobos Linda Raethke Kelly Greenlees 11 years belated and Jesse Mon tancz Anniversary wishes are extend ed to Becky and Carl Scheel Crystal and Richard Daily and Carol Ann Condley 3 Roberta and Steve Norris 21 years and Oscar and Norma Schneider Pollen Count MOW 490 trace trace Pollen measured in parts per cubic meter of air Information provided by Dr Frank Rjytr Information Comal River 171 cubic feet per sec ond Up 3 from Thursday Aquifer Panthar Canyon Wall Lake 57 cfr Canyon Lake level feet above sea level Below conservation NBU reports pumping million gal lons of surface water and no well water Was used Thursday Fallback Dont forget to set your clocks back one hour at 2 Sunday Enjoy that extra hour of sleep Community Chorale concert on Sunday The New Braunfels Commu nity Chorale will present a con cert of familiar songs of Gersh win Berlin Carmichael and others at 4 on Sunday at First Baptist Church Haunted house and planned A haunted house and game booths wijl be open from 6 to 10 Saturday and 6 to 9 Sunday at St Andrew Lutheran Church 7420 FM 2722 in Startzville per per son if with group of six or more Town Hall meeting next Tuesday Cathy Talcott District 5 council member will hold a Town Hall meeting at 7 on Tuesday at the Municipal Building 424 S Castell St Hew organization to meet Monday Save Our Schools is organizing to address the issues that are coming before the New 3raunfels Indepen dent School District An organizational meeting will be at 7 Monday at the Senior Citizen Center 655 Lan daSt Clothing drive now accepting donations New Braunfels Utilities along with other area businesses are sponsoring the Share the Warmth clothing drive this year Distribution is from 1 to 4 Saturday at United Methodist Churchs Wesley Hall mulls from Keller DZIUK Nftw Braunfels Independent School District Superintendent Charles Bradberry said it will be tfc end of next week before he decides whether of not to take another job offer A Bradberry interviewed for the superintendent position at Keller ISO near Fort Worth last Fri day aiid he was offered a job on Saturday v be making any kind of decision until Friday or Saturday of next Bradberry Bradberry said Keller ISD officials had plajined oncoming to New Braunfels for a visit 1 Jtavte hot talked to them so I dont know whai their specific plan Bradberry said 1 to get to talk to them today at Bradberry is in his 14th year with NBISD Ullrich trial might see verdict today By ABE LEVY Staff Writer SAN MARCOS Lawyers for Paul Scott Ullrich on trial for the murder of offduty Deputy Constable Ben Kiesling reopened their case Friday morning to hear testimony from a New Braunfels Police Department night super visor about an incident in June 1995 in which Ullrich claims Kiesling brandished a gun at him Following the testimony the jury was released until noon to hear the jury attor neys for both side have been working on for more than a week The jury also indicated it did not wish to work this weekend and may try to render a ver dict this afternoon If not they will work Mon day Ullrichs attorney moved for a mistrial Thurs day after a private investigator he hired admit ted under oath he thought Ullrich had stalked the victim and his family State District Judge Jack Robison denied the motion but said he would take it under advise ment If Ive done this I dont want this case to go defense attorney Wade Arledge told the judge Whats happened here is something Im responsible for and not my Ullrich 39 pleaded not guilty to the stab bing death of Kiesling on the morning of Jan 22 at a trailer park off of Highway 46 in east New Braunfels If convicted he faces a maximum penalty of life in prison and a fine Ullrich claims selfdefense in the slaying of Kiesling who married the defendants exwife only a month before his death Court testimony indicates Ullrich at about 7 Jan 22 drove to the trailer home of one of Kieslings friends whom the victim routinely gave a ride to work Ullrichs daughter who was then 8 years old was in Kieslings truck at the time the two met and engaged in a fist fight Ullrich testified Wednesday he stabbed Kies lings torso with a lockblade buck knife during the fight because he believed the victim was reaching for a gun The trial was moved from Comal County to Hays County after a ruling that pretrial public ity and Kieslings popularity made it impossible for Ullrich to obtain a fair trial At issue is a critical comment that private investigator Johnnie Rodriguez made on the stand about a visit with Kieslings former girl friend Lorraine Benjamin Unknown to Rodriguez who was working for the defense Benjamin tape recorded her con versation with him The recording which was played before the jury quotes Rodriguez as Turn to Ullrich Page 2A A NEW VISION FOR OF MICHAEL DARNALL Stecie Rtekel etendlng left Introduces hereelf to the women gathered Tnuredaytt Pinto Ranch Grill tor the organizational meeting H a new chamber of commerce for women er idea finds support ByDAVIDDEKUNDER Staff Writer f i Area businesswomen packed the Pinto prill Thursday to hear about efforts to form a chamber of commerce for women in New Braunfels a local promotions coordi nator events consultant said 60 women showed up for the meeting Phillips is the force behind the effort to form the Greater New Braunfels Chamber of Commerce for Women I expected 20 to 30 Phillips w wv said But word of mouth got around and who will be elected at the organizations they kept streaming in The meeting started late because there was no room for one and they had to bring more Phillips said women from all walks of life doctors lawyers teachers and business professionals came to the meeting to show their support for the fledgling organs zation It was Phillips said They are eager to get going Everyone wants to get Phillips said a nominating committee will be set up to recommend officers and candi dates for the chambers board of directors next meeting in three weeks The role of the womens chamber will be to promote womens businesses help to get new businesses operated by women started and mentoring younger women who want to get started in business Phillips said Phillips is hoping for widespread support for the new chamber from the New Braun business community We had 10 women from the Greater His panic Chamber of Commerce who gave us their total Phillips said We are hoping for the support from the Greater New Braunfels Chamber of Commerce and we are hoping to work with both School transition tricky By DENISE DZIUK Staff Writer As construction nears completion on three new intermediate schools in the Comal Inde pendent School District the administration is looking ahead at how to achieve a smooth transition into the schools The closer the movein gets the firmer our plans C1SD Superintendent Jerry Major said Major said the three new schools were orig inally slated to be completed and opened at the same time But delays have staggered the completions over a period of a month to six weeks In response to the new completion dates Major said the startup dates also will be stag gered which could be a benefit to the dis trict We think by staggering these moves we can concentrate on getting one up and running then another and then Major said Mountain Valley Intermediate School will be the first to open with classes beginning at the new school on Dec 16 Students are scheduled to begin classes at Arlon Seay Intermediate School on Jan 7 Canyon Intermediate School will be the last to open on Jan The thirdgrade stu dents from Rahe Primary School also will begin classes at Bulverde Elementary School on Jan 21 Trustee John Clay raised some concerns about the two weeks students will spend in class between the end of winter break and the opening of the new school He said he would like to see the completion and startup date moved up I sure hope they get going and get that move up to Jan Clay said I know those parents of kids in Comal wont be very happy I wont be very Major said he understands the concerns and the movein date will be moved up if con struction concludes at an earlier date The new intermediate schools which were funded by a million bond issue in 1994 will house students in the fifth and sixth grades Officials look at S VMS opening By DENISE DZIUK Staff Writer After discussing when students will begin classes in the new intermediate school the Comal Independent School District Board of Trustees began plans for enrollment in the upcoming Spring Branch Middle School CISD Superintendent Jerry Major said the school is slated to open in January 1998 and the administration is already looking at how the grade levels will be split between SBMS Smithson Valley Middle School and Smithson Valley High School The bad news is we still wont have a school by next Major said The other news is we still have the kiddos to put some The following are current options in order of the djslricts preference Fall 1997 SVHSgrades 9 through 12 SVMSgrades seven and eight Turn to Options Page 2A Drinking hours ruling upheld By DEMISE DZIUK Staff Writer A visiting district judge upheld Thursday the 1995 Comal County Commissioners Court action rescind ing late night drinking hours in the unincorporated areas of the county Senior District Judge Hume Cofer of Austin ruled the commissioners action in 1979 to extend late night drinking hours was unauthorized a point neither side argued in Thursdays hearing In February of 1995 the commissioners rescinded the 1979 order Bar owners filed a suit against the county and the commissioners saying the court acted beyond its authority in rescinding the previous order extending the hours The commissioners maintained they were autho rized to take the action and requested a summary judgment Madison Jechow who represented the commis sioners argued the 1979 order was a legislative action and the commissioners have the authority to rescind a legislative action as long its vested rights are not com promised He said the latenight liquor license is a privilege and not a right Katz said the 1979 order was a judicial act based on He said judicial acts cannot be later changed by a new court so the Commissioners Court acted outside of its authority in rescinding that order What is at question is this case and we this act in adopting the extended hours a judicial act or is it as the county argues a legislative Katz said But Katz went on to tell the court that if it is a leg islative act the commissioners still acted outside of their authority because the code granting the power to extend the hours does not say anything about rescind ing those hours He said the only action the county could have taken would have to be a furtherance of the previous order and the 1995 action was in no way a further But Cofer had a question about whether the Texas Alcoholic Beverage Code actually gave the couhty the authority to extend the drinking hours Cofer held a recess to give both attorneys an oppor tunity to prepare answers to the question Following the recess both attorneys said they believed the code did grant counties that authority to extend hours Cofer did not agree In his conclusion he said the 1995 order rectified a previous error and upheld the commissioners action I conclude that the commissioners court was autho rized by law to rescind the 1979 decision because I conclude that the 1979 decision was void because it was not authorized by Cofer said Cofer went on to say that if he has made an error in interpreting the law his judgment would remain the same Because I conclude that the 1979 decision and the 1995 decision were legislative decisions and that if the statute granted the authority it granted only the author ity to enact an and it carried with it a del egation of authority to repeal the Cofer said Turn to Bars Page 2A
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