New Braunfels Herald Zeitung (Newspaper) - April 12, 1983, New Braunfels, Texas
City legal staff gets raise; strip annexation eyed
ByDYANNE FRY Staff writer
New Braunfels’ three legal retainers all got raises Monday night. But Municipal Judge David Perkins will get his right away, whereas increases for the City Attorney and City Prosecutor won’t become effective until July.
The original plan was for all three salaries to go up on July I, the beginning of the 1983-84 fiscal year. But City Councilmember Max Winkler said Perkins had served the city for four years without a raise, and deserved his now.
‘When you consider one of these men has only been on board for five months ...” Winkler said. City Prosecutor Bruce Boyer was appointed in November to fill the vacancy left by John Chunn, who was promoted to City Attorney in October.
As of April, Perkins’ monthly fee has gone from $750 to $1,000.
In July, Chunn’s retainer will increase from $875 to $1,100 per month. Boyer will be making $650, rather than $575.
One of the top items on the City Attorney’s agenda right now is putting the city’s new district voting plan (approved by public referendum on April 2) before the U.S. Department of Justice. On Monday, council passed an enabling ordinance outlining the plan.
“This puts us on a very tight timetable,” said Chunn. “We have an election coming up in August for seats I and 2 — districts I and 2.” Election notices have to be published at least 30 days in advance. and he hopes to know by that time whether the plan has been approved or not. If ifs approved, elections will be changed to the first Saturday in April after this year.
Once the city’s request is filed, the justice department will have 60 days to respond. It may also ask for an extension of that deadline, but Chunn plans to plead a strong case for the city’s own deadlines.
He can’t reasonably expect a quick rubber-stainp job, because the Mexican American I^gal Defense and Education Fund has already promised to file a
complaint against the plan.
Monday’s ordinance sets up a new polling place at Lone Star School, which will fall in District I. Existing voting boxes will serve districts 2,3, and 4.
The possibility of trouble at the justice department is one reason behind the Planning and Zoning Commission’s desire to postpone annexation of any major areas at this time. Moving the city limits might upset the population balance of the four voting districts as drawn.
But commission chairman David Hartmann didn’t mention that in his report to council Monday. He simply outlined his board’s idea of what the priorities should be, putting revision of subdivision codes at the top of the list.
“We’ve already had three workshop meetings with our consultant,” Hartmann said. The fourth is scheduled for 7 p.m. on April 19. “(The ordinance) is a 107-page document, and we’re only on page 20. We’re trying to do a very fine job for the city, but ifs a long and arduous process.”
City Manager E.N. Delashmutt noted that this revision was given a high priority last year, when some holes were discovered in the existing ordinance.
Second on planning and zoning’s list is an update of the city’s master plan, which was last reviewed in the mid-1970s. That study was done by a broad-based citizens’ committee, and Councilmember Barbara Tieken wondered if such a committee would be needed again.
“I would certainly recommend it,” Delashmutt said.
“Do you see us starting annexation proceedings in
late 1983 or early 1984?” asked member Donnie Seay.
“I certainly do think so,” Hartmann replied.
The city has already started proceedings to annex two unpopulated strips off Krueger Lane and FM 1863, but Delashmutt has run into a snag.
State law requires that a public hearing be held on the land to be annexed. Leonie Dischinger, who owns the 1863 strip, has refused permission to hold it on her land.
Delashmutt said he’d have to get some legal advice from Chunn on what to do next.
A residents’ plea for traffic controls in the Oakwood subdivision got big — and fast — results. Two weeks after hearing the complaint, council made the intersection of Oakwood and Tanglewood a four-way stop and put yield signs at five neighboring intersections.
Members were surprised to learn that six “Slow. Children at play” signs had already been put up. Those don’t require council action.
Now that Oakwood is taken care of, council may have to deal with other neighborhoods. Mr. and Mrs. Thomas Watson of Lands Estates have asked to be on the agenda for April 25, when they will make a plea for traffic controls on Klingemann Street.
“We’ve had three accidents out there in the past two weeks,” Mrs. Watson said. “Each one gets a little worse. Somebody's going to be killed out there.”
Council also approved a resolution allotting funds to repair communications at the city Disater Operation Control Center and to keep the Landa Recreation Center open until the summer program
The resolution takes $3,000 from the contingency fund for the radio equipment approved last month. The $6,000 tentatively allotted to the Landa Recreation Association became $8,000 after Delashmutt talked to the association's treasurer. The volunteer association has agreed to help keep the center going while the city gets its new recreation division organized, and to run the summer recreation program, for which council had already budgeted an additional $7,000.
Flugrath wants city help on drainage problem
Two citizen complaints on Monday
night’s agenda left City Council somewhat at a loss. In both cases, the alleged infraction of
rights took place
several years ago.
It was last month that council first heard from Walter Flugrath of
Wood Road He claimed that the builder of Ralph Curtis Warehouses, which adjoins his
property to the rear, had violated the city’s minimum rear-yard setback of 20 feet, and that city officials refused to do anything about it.
City Manager E N. Delashmutt has checked out Flugrath's complaint, and it seems there was a slipup on the city’s part. The warehouses, built in 1978, extend right up to the rear property line. And although Curtis applied for a variance on the front and side-yard setbacks, there is no record of his ever having received a rear-yard variance.
“It shouldn’t have happened," Delashmutt said. But he refuses to believe Flugrath’s additional claims that the over-long building has caused a drainage problem and extensive damage to his land And he’s not sure council can intervene in the landowner’s two-year legal fight with the builders. Which seems to be what Flugrath wants.
“(He wants) the city to give him some leverage in negotiating a settlement,’’ said City Attorney John Chunn. “That’s not a remedy that’s available."
Chunn offered to talk to Flugrath’s attorney to see what could be done.
“In fact, I don’t have an attorney,” the citizen
said in a disgusted tone. “I fired him."
Chunn said he'd also be willing to talk to Flugrath himself.
The landowner said professional estimates indicate it would take in the neighborhood of $30,000 to fix his fence (which he claims was damaged in the construction) and the adjoining field. Curtis’ insurance company has offered him a $12,000 settlement “of which my lawyer would get $4,000,” Flugrath said.
Since the building stands in violation of a city ordinance, he thought he might get some help from that quarter.
"I don’t necessarily want them to tear it down, unless I have to. I just want a hold put on them, until they make me a satisfactory offer,” the landowner said.
Ifs one of those cases where no one seems to be directly responsible. Ralph Curtis can’t be held responsible, Chunn
said, because the city “at least implicitly” granted a variance in letting the building go up.
City Council wondered how that happened, and Delashmutt said the blame couldn't be pinned to one person.
The original building-permit application, he said, set forth the minimum setback. The plat on file doesn’t show it. Yet the plat was approved, and the permit issued.
Curtis’ later application for a front-yard variance was heard by the Building Board of Adjustment, and denied.
“I recall there was quite a flap over the front-yard setback,” said Councilmember Donnie Seay. “I don’t understand, if there was that much excitement over the front yard setback, why there wasn’t excitement over the backyard setback.”
C.W. Talley, who died last Friday, was born Nov. 18,1891 not Get. 25,1915 as was reported in the Herald Zeitung. Oct. 25, 1981, was however, an important date in Talley's life as that's when he married Daisy Elizabeth Bamburg in Seguin. The Herald Zeitung regrets the error and any inconvience it may have caused.
Services will be held Wednesday at IO a m. at Doeppenschmidt Funeral Home for Tome Borgfeld. who died Sunday, April IO at Nesbit Nursing Home. Borgfeld, formerly of 811 N. Cherry in Seguin, was 74. She will be cremated at Sunset Memorial Park in San Antonio. Rev. J. Unwood Kennedy of New Braunfels will officiate at the services. Born Oct. 27,1908 in Kyle to Alfred and Erna (nee Neuse) Simon, Borgfeld married Bennie Borgfeld on June 18, 1950 in New Braunfels. He died on July 6,1979. The former housewife and Lutheran
Church member had lived rn New Braunfels for three years.
She is survived by a sister, Alice Bauerschlag of Seguin; a brother, Erwin Simon of Fredericksberg; and numerous nieces and nephews.
Services were set for 2 p.m. Tuesday at Doeppenschmidt Funeral Home for Donald Bacon, formerly of 4704 White Elm Court in Austin Bacon, 46, will be buried in Cranes Mill Cemetery at Canyon l-ake with Monsignor Athony Drozd officiating. Bacon, who had lived in New Braunfels for four years, died Sunday, April IO at his home. He was born August, 25, 1936 in Madison, Wis. The former manager of a Radio Shack was affiliated with the Catholic Church.
He is survived by his wife, Heidi Peithner of Austin; his parents; Mr. and Mrs. Ixiuis Bacon of Canyon (.ake; a daughter, I^iura D. Bacon of River Fails, Wis.; and a son, Shawn Alan Bacon of San Antonio.
Carpet, Drapery & Upholstery Cleaning by the
Taylor Communications Inc (USPS 377 880 It you have not received your paper by 5 30 pm Tuesday through Friday or by 7 30 a rn Sunday, call 625 9144 or 658 1900 by 7 p m and Ham, respectively
Published Sunday morning and Tuesday, Wednesday, Thursday and Friday afternoon by New Braunfels Herald Publishing Co., 186 S Casten Ave , New Braunfels, TX 78130 Second class postage paid at New Braunfels Herald Publishing Co, 186 S Casted Ave , New
Braunfels, TX 78130
Dave Kramer Claude Scruggs Elnora Kraft Robert Johnson Pete Lewis Cheryl McCampbell Don Avery Carol Avery Gus Elbe!
Roland Kraft Wanda Lasater Kart Mitchell Scott Haring
General Manager Publisher Office Manager Editor
Retail Advertising Manager Classified Manager
Photocomp Foreman Press Foreman Print Shop Foreman Kaleidoscope Editor Sports Editor Wire Editor
Subscription Rates In Comal, Guadalupe, Hays, Blanco and Kendall Counties 3 months, $8 55; 6 months, $15, one year, $27 In Texas 6 months, $24, one year, $45 Out of state 6 months, $30, one year, $50 Senior Citizens Discount In Comal, Guadalupe, Hays, Bexar, Blanco and Kendall Counties, 6 months, $12; one year, $22 Postmaster Send address changes to P O Drawer 361, New Braunfels, TX 78130
High today will be in the mid 80s, low tonight in the mid 60s, and a high Wednesday near 80. This morning’s low was 64, and yesterday’s high was
Canyon Lake stood at 905.93 this morning, compared to yesterday’s level of 905.99.
Skies were cloudy to partly cloudy across Texas today as moisture-laden southerly winds brought mild temperatures to the state.
Very heavy thundershowers developed in Northwest Texas late Monday, but broke up before dawn.
Temperatures were in the 60s and 70s, except in West Texas, where readings in the 40s and 50s were reported.
a Control Data Company
Winds were mostly from the south at toto 15mph.
As swollen rivers receded in the min-ravaged South and Northeast, a new storm responsible for at least one death was brewing in the Rockies and Northern Plains today, spreading snow and cold across Colorado and Wyoming.
Disaster relief specialists headed for Louisiana today, where flooding killed at least five people and caused an estimated $625 million in damage during the past week.
Winter storm warnings were posted today in Wyoming, with heavy snow headed for the Rockies and the Black Hills of the Dakotas, said forecaster Hugh Crowther at the National Weather Service’s severe storms office in Kansas City.
The new storm claimed one life Monday in Colorado where a man was struck by lightning in Grand Junction, authorities said.
Bond election program set for Carl Schurz
With the election now three weeks away, the New Braunfels In
dependent School District is stepping up its efforts to push for its bond package.
Absentee voting for the $8 85 million package will begin Wednesday and continue through April 29. The election is
scheduled for May 3. Any registered NBISI) voter may cast an absentee ballot at the
administration's central office. 430 W. Mill Street, during business hours.
The committee, assigned with the task of pushing for the bond package's passage, plans to meet tonight with the Carl Schurz Parents Teacher Association.
The meeting, which will start at 7:30 p in. in the school’s cafeteria.
NEW BRAUNFELS • Lamia Plaza Center
351 Landa Street
• 625 6216
will include a slide show presentation prepared by the committee. The district’s needs will be presented as proposed in the bond issue scheduled for May 3. said Katie Gordon, head of the committee.
Any interested person
— in addition to Carl Schurz PT A members
— is invited and encouraged to attend tonight's meeting, Gordon noted.
Gordon’s committee was organized following the defeat of the district's first bond package election on Feb. 12. That bond issue had basically the same provisions as this second bond issue.
The first bond issue, which amounted to $9 3 million, was presented to voters on a single propositon ballot. .After that bond issue was defeated on Feb. 12, the
NBISD school board reduced the original proposition to $8.85 and divided it into three propositions.
These three issues concern the construction of a new elementary school, other construction and the renovation of current facilities ($6 5 million); the airconditioning of all schools i $2 million I; and the construction of a new administrative office I $350,0001.
[i * * « Ti IT* *"*1
* READINGS CONFIDENT UU *
* ^ Contact
J * SISTER
* ★ DIVINE *
» 62S- UU
k Come anc see why you A aff so unhappy Hetp n * p love business hea th set A all family affairs et
» 7 AM TO IO PM DAUT rn rn 241 loop 337-Hwv 40 »
— 5*rro*s h»n CVMor MldOX J
r ' MOW (JO BAI * k\TBXS I »(}**
A vx'i pxp* s A
m (OO* ION INOIX* MAXIN SIGN | 1
Ii t « It
HAN MAXIN SIGN * • •••••
BANKING ON TEXAS
By Pat wad Jack Maguire
SOME BANKS SELL AUTOMOBILE LICENSE PLATES as a service lo customers, but it wasn't always so. Licenses weren’t even required for cars until 1907.
Until that year, each county charged aulu owners an annual fee of 50 cents. I hey were expected to choose their own number and make their own plates.
A A A A A A
la 1932, Elater Doolia liked a piece of fried aieea served in a San Antonio cafe so well that he paid the Mexican chef $ IOO for the recipe.
He set up produc tion in his mother’s kitchen, modified the recipe and cooked at night. The “Fritos” were delivered the next day to grocery stores but buyers insisted on sampling the corn chips before stocking them.
Today Fritos are the largest selling corn chip in the world, but only because of a bank. In 1933, in the depth of the Depression, Doolin tried unsuccessfully to borrow money until a Dallas banker saw the prospects for the product. The Frito Company is now part of the $6 billion PepsiCo conglomerate.
a a a a a a
Taxes on income surfed August 5. 1862. To raise money needed in the Civil War, Congress began taking 3% of all personal Income in excess of $800 annually. That law was ruled unconstitutional in 1881. Americans paid no income tax until 1913 when the 16th Amendment to the Constitution gave the government the right to share in your income.
A A A A A A
Medicine ie the second large Bt bumineee in Texas’ biggest dtp Houston’* Texas Medical Center is one oj the largest such operations in the world. Its 29 hospitals, clinics and out patient Jacuities, located on 353 acres near downtown, treat 75,000 sick on an average dap. in J 981, Texas Medical poured more than $1.5 billion into Houston's economy, second only to oil.
A A A A A A
Trading stamps Lave been around since 1896. In that year, Thomas Sperry and Shelby Hutchinson introduced them in Jackson, Michigan. Each $1 in purchases was worth an S&H Green Stamp which later could be exchanged for other mer-chandise.
GUARANTY STATE BANK
On the Square and on the Level.
Membrr 11)11 NEW MOTOR BANK AT 153 I ANDA
Mrmbrr ot MrrnntiW In*. I orpor*lion .rut IDIX
(Copyright. I9N3. by Psl-Jtk E.nterprizs». AU right* nwrwd.t