New Braunfels Herald Zeitung (Newspaper) - December 7, 2011, New Braunfels, Texas mm HOLIDAY SEASON MEANS ITS HOMEMADE TAMALE TIME AT HOME 50o New Braunfels ,6 WEDNESDAY DECEMBER 7,2011 herald"Ze it un g.com SERVING NEW BRAUNFELS SINCE 1852 Recall petition comes up short Only 668 of 1,117 submitted signatures validated, nullifying effort to recall Mayor Pospisi By QrtgBowvn The Herald-Zeitung A m»iyoral re( all pc'tition seeking an eltK tion on renrioving New Braunfels Mayor Gale Pospisi I from offici’ has l)een reje( led l)y City Hall because it contains too few valid signatures. The petitii)n carried 1,117 original signaturis. Of those, 7 i 'S had to be di^emed as signed by qual-ifit'd (ity voters for tne [X'tition to be ruled valid. But the verification process (oriducted by City Secretary Patrick Aten and his statt con- th(' re(|Uisit(‘ number ot signa- firmed only (juaiitied signa* tur<‘s tor t ailing a iai tion tures. in May 2011," (ity oltic lals said That was 67 too few, "Ther('iore, the petition lac ks See RECALL. Page 5 ► CAN BAN SUIT TABCC gets Feb. 2 court date By Greg Bowen 1 he Herald-Zeitung A court hearing has been scheduled regarding the lawsuit filed by the Tourist Associated Businesses of (omal C.ouhty and others seeking to overturn the municif)al ordinance that would prohibit beer cans and other disposable containers on the Comal and Ciuadalupe rivers beginning Ian. 1, The hearing is scheduled tor 9 a.m. Fti). 2, 2012 in District Court at the Comal ( ounty ( ourthouse Annex in New Brauntels, District ludge ( harles Ramsay will preside. The "plea to the jurisdic tion" h(*aring was recjuc'sted by the c ity's legal counsel, William McKamie of the McKamie Krueger law firm ot San Antonio. McKamie and the city are contesting the trial court's )urisdiction to hear the c ase and are also questioning whether those who filed the suit have the legal standing to do so. "Standing" is dc'fined as a party's legal right to challenge the conduct of another [jarty in a Ic'gal proceeding, according to Webster's New World 1 aw Dictionary. I he suit was tilt'd Sept. 28 in District Ct)urt in New Braunfels by attt)rney |im Fvvbank of the Austin law tirm Ewliank & Harris. Fvvbank filed an amendtd suit t)n ()t t. 14 that drop[x*d lexas Tubes from the list of plaintiffs found in the original suit. Texas Tubes owner (olie Reno has said his (omal River tube-rental businc'ss was mistakenly list-t‘d on the suit and that he asked tt) have the coni()a-ny's name removed from tourt dcx uments. See SUIT, Page 3 SANTA HELPS FLICK THE SWITCH Photos by LAli^ McKENZIE 1 Ttin Herald Zeilufig Santa joins Leslie Ferguson, Hope Hospice’s director of communications and development, as they count down to the switching on of fhe tree at New Braunfels Marketplace on Tuesday evening during the Hope Hospice Tree of Lights evenf. The antiuaf event, wtiich inc>u(^e1 Christmas caroling, t)arbecue dinner and visits with Santa, was a way for the community to honor lost loved ones during the holidays. TREE OF HOPE Hope Hospice’s event opportunity to honor ost loved ones Lights form the shape of a tree at New Braunfels (^Marketplace on Tuesday during the Hope Hospice Tree of Lights evenf. Another tree will be lit at a similar event on Thursday at Canyon Lake Community Resource and Recreation Center, 125 Mabel Jones Drive. TCEQ backs off creating GCD for Trinity Aquifer By Greg Bowen The Herald-Zeitung With county officials looking into forming a groundwater conservâtion district (GCD) to protect C omal's Trinity At|uifer, state officials are ready to back off their efforts to ft>rce the c reation of a CjCI^ Itxally. (Officials frt>m the Texas Commission on Environmental Quality (TCEQ) have filed a motion with the State Office of Administrative Hearings (SOAK) seeking permission to back oft' until next summer while Comal County officials move forward with the formation of a stakeholder group that will consider creating a CiCD for Ct)mal's Trinity. A GCD resulting from "Itx'al efforts ¿md consensus would ... be preferable to a commission-ordered district," said Mark Vickery, TCEQ executive direx tor, in a news release on the motion filed v^ith SOAFI. The TCEQ motion references efforts by Comal County Precinct 2 Commissioner Scott Haag, who See WATER, Page 5 Guadalupe Co. lifts bum ban By BobThaxton Seguin Ga/ette SEGUIN The ban has been lifted on outdoor burning in unincorporated areas of Guadaluf)o County. County judge Mike Wiggins on Monday nx)rning signet! an order removing the burn ban. Until Mt)nday, the most ret ently adopted version t)f the burn ban had allowed burning on Saturdays and Suntivys while l>rt)hibiting it on tither flays ot the week. "That was l)ased on the recommendation of our county fire marshal, Kelly Kistner," Wiggins said regarding Monday's order The judge's order removing the ban said it was done "due to the considerable amount of rainfall in all or part of the unincorporated area of thc^ ct)unty" and because "the Texas Forest Service has determined that drought conditions have significantly retluced." Wiggi ban also was lifted in resptinse to the numlx?r t)f phone calls that county officials have receivt^d from people saying they had brush that needed to be burned. "Even though th(> ban has been rtniiovt'd, there is still state law," W'iggins said. State law allows burning only during daylight hours, and it is prohil)ited on ciays whi'n vvintls are forecast tt) exceeci 2 i miles per hour anti those designated as "red flag days" by the National WeathtT Service. The only materials that can be burnetl are brush and household garbage. Otht'r items, sue h as materia Is salvaged from the demolitityn t)f structures, See BAN, Page s JINGLE BELL 5K Benefit run Saturday in Gruene By Betty Taytor iheHwaid Zeilunq Thf‘ l‘»th annual jingle Bell ')K Run benefiting St. lude's R.inth tor Childrc'ii starts ,it 0 a.m. Saturda\ in Iron! ot (irueiK' Hall As ()l Monila\' evening, 700 runners \\('re registered lor tht> ' ra(( Ka( e 1 (11 r t'( tor S t o I t i W o o d I)r( '(lilts ; 1 , 0 0 ; til I I g h t ' shi )\\ U[) ■ thi‘ > \e.ir. ( omp.irt'tl to the n (* a f 1 V CNLINfE Scan this QR code for information about the race or visit athietegiiild com 1,200 v\ ho shi ivvc'd up lor last year's rate "We have onliix* registration through midnight Spp run. Page 3 Pearl Harbor tribute today t rom statt ieports VTW Post "I 10 Will have ,i Pearl Harbor tribute' <it 1 I :40 a.m. todav at tin VFW Hall at ()()() I’e.tte Ave., New BraunteK Iunior R()T( M.irine ( orps t adc'ts ironi N(>\\ Braunlt'Is Higli School will present thetolors. Tht' Pcvirl Harbor ships list and iium berot Anxxit ans killed will be rt'ad. Lotal Pearl Harbor survivor Robert Morris, who was on the USS St. Louis, will s[)t'ak about his e\[)eri-ence on that day. Ftx inttx-matitHi, contiKt Marvin Bri-etzke at (8.Ì0) ()20-90<m. VVEATHER, 12 CADE VALERIO MEMORIAL ELEMENTARV Sunny and cold High: 53 Low: 28 __________________ Classifieds . Comics Crosswords _________ Efiyrum ____ QJjitUcLrjftS__ ___ Planner___ _ ^rts ; . TV Vol. 159 I No' 23 I section 12 pages Jll JQ 9 . J J I II Low rates mean it s high time to refinance. O LOAN DCPT (630) 626-8627 WWW.FíRSTSTATÍ*TEXAS.COM 56825 00001 50 cents mmc For breaking news, sports scores, weather, traffic and mid-day updates, follow us on Twitter ONewBraunfelsHZ Learn what's in tomorrow's paper, offer hews tips, receive alerts. Become a New Braunfels Herald-Zeitung Facebook fan. Receive the Herald-Zeitung e-newsletter in your e-mail box each morning: herald-zeltung.com. Click Herald-Zeitung Mailing List'