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New Braunfels Herald Zeitung (Newspaper) - August 1, 1989, New Braunfels, Texas Hurricane weakens after hitting coast HIGH ISLAND, Texas (AP) — Hurricane Chamal blew ashore today, toppling power lines and ripping roofs off buildings along the Gulf Coast before it was downgraded to a tropical storm. See below Doctor vows appeal in patient dumping VICTORIA (AP) — Sick people throughout the country are in danger of receiving improper medical care following an administrative law judge’s decision to fine a doctor accused of “patient dumping,” the penalized physician said. See Page 4 New Braunfels VIV «Js!sb!esU Vol. 137, No. 187 410    MO0 9 I 0 /2?. •/99 so - VIE ST M T CP OFI1 BL I -HIL '• 2201 BFOOKHOLLOW FLE SUITE BOO APLINGTON, TX 7600* Mets pick up 1988 Cy Young winner Frank Viola became the First pitcher to be traded in the season after winning the Cy Young Award when Minnesota sent him home to New York on Monday — e midnight deadline. See Page 7 SF 707 Landa Stv New Braunfels, Texas 78130 (USPS 377-880) 512-625-9144 tuesday August 1, 1989 25 Cents One Section, 10 Pages Sheriff steps up drug fight By STEPHANIE DAVIS Staff Writer Undercover drug buys, intense investigations and anonymous tips are rungs in the Comal County sheriffs office stepladder in its aggressive fight against illegal drugs. Its recent victims remain in the Comal County jail today in lieu of $25,000 bonds. “We want to assure everyone that from this point on we’re going to be very heavy into the drug problem in Comal County, making a lot of efforts and a lot of different approaches,” said Sheriff Jack Bremer today. “I don’t go into anything that I don’t think I’ll be successful at.” See ARRESTS. Page 2 Board wants to fight for retirement plan CAD decides to stay with system Comal Appraisal District is staying with a retirement plan — the Texas attorney general said it couldn’t in a recent opinion — despite efforts Monday by a board member to bail out of the system. “We need to stay in there and fight until we are sure that this is what the attorney general wants to say,” board Chairman S.D. David Jr. said after the meeting “He may not have realized the ramifications of his opinion.” Board Secretary Neil Craigmile, who is also a Comal County commis sioner, made a motion to scrap the retirement system as Attorney General Jim Mattox said in his opinion. But the motion died for the lack of a second. Craigmile asked the Comal County attorney to request an opinion of the retirement system in October 1988. And in Mattox’s opinion July 6 he stated retirement system contracts between appraisal districts and private systems are not allowed. Mattox said the only acceptable plan was the one the County and District Retirement System offers. “I don’t really think that he meant lo say, what he said, the way he said it,” said Vice Chairman James L. Hendricks after the meeting. A citizens group at the meeting encouraged the board to also drop the system. The appraisal district employees wanted the plan, David said. “Why can’t we make our employees happy by putting them in the plan that they want to be in instead of trying to force them into something else that they Board OKs tax contract With barely two weeks before the tax consolidation election, Comal Independent School District trustees approved a contract with the county for collecting taxes. The Aug. 12 election will decide the issue of consolidating tax collection at the county level for all entities within Comal Appraisal District. The contract approved Monday night had been in the works for two years, said Comal County Tax Assessor/Collector Gloria Clennan. “By case law,” said trustee Leroy Goodson, “the contract with the county will supersede the outcome of the election. We’ve talked about this for years, but what concerns me is being forced to consolidate.” “If the election passes,” said board president Carter Casteel, “the taxpay er gets hung in one of two ways: if it costs more, then who will pick up the tab — the taxpayer; and if it winds up in court, then who pays for it — the taxpayer.” Abel Campos, CISD finance director, said the two-year contract includes “everything that everybody was concerned about.” He added that it had taken two years to get all the details worked out and to bring the school district on line with computerized records. The contract approved by CISD trustees now goes to Commissioners Court for approval Thursday. However, Clennan said, the deal hinges on if the county can get on line with the Sw CONTRACT, Page 2 Durbin jailed before murder don’t want to be in.” The opinion affects approximately 140 appraisal districts in Texas and other governmental entities that contract with private retirement systems. “To say that there’s liability of these board members — whose going to sue us?” David asked about not following Mattox’s opinion immediately. “Is the county going to sue? Are the citizens going to file suit against us? Is the attorney general going to See SYSTEM, Page 2 By STEPHANIE DAVIS Staff Writer Hours before a Comal County man was killed Saturday morning he had been released from the Comal County jail on family violence charges, authorities say. Jerry R. Durbin, 48, Lot 2, Mountain Oaks Subdivision, was arrested Friday after his wife filed a family violence report against him Thursday A warrant for Durbin’s arrest was issued Thursday. “He was arrested at the Circle K in Startzville,” said Comal County sheriff’s office detective Richard Alvarez. “The disturbance had taken place there and that’s where he was arrested.” Authorities said after Durbin was released from jail after posting a SITXX) bond early Saturday morning he called his wife’s family. The family filed a report of telephone harassment against Durbin Saturday at 3 a.m. after he started calling them at 2:30 a.m., said Detective Sgt. Dennis Koepp. Once at his father-in-law’s house in the Canyon Hills Subdivision, Durbin sustained two bullet wounds — one in the chest and one in his right side. He was pronounced dead at the scene at approximately 8 a.m. Saturday by Precinct 4 Justice of the Peace Howard Smith. S«e MURDER, Page 2 Uncontrolled burn Volunteer firefighters from the Lake Dunlap Volunteer Fire Department spent about an hour Monday night putting out a grass fire on West Zipp Road, approximately 3/4 of a mile from FM 725. The fire started about 7:15 p.m. after workmen had been in the area. Three units from the Lake Dunlap VFD, 11 firefighters, were called to the scene. (Photo by Carol Avery) Hurricane weakens after hitting coast HIGH ISLAND, Texas (AP) — Hurricane Chamal blew ashore today, toppling power lines and ripping roofs off buildings along the Gulf Coast before it was downgraded to a tropical storm. The threat of heavy rains and tornadoes continued in eastern Texas and parts of Louisiana, which were under a tornado watch until 5 p.m. CDT. Hundreds of people sought high ground as rising waters closed coastal roads, and the Coast Guard searched the Gulf of Mexico for boaters reported in trouble off Galveston. As of ll a.m., the National Weather Service lifted hurricane warnings from Freeport, Texas to Morgan City, La. The area remained under a tropical storm warning. Chamal was centered about 25 miles northeast of Houston, moving northwest at about 12 mph. The weather service al 9 a.m. reported a possible tornado over Galveston Bay, moving east toward the Bolivar Peninsula near Crystal Beach at mid-morning. The National Severe Storms Forecast Center in Kansas City issued a tornado watch for central and southeast Texas and southwest and west central Louisiana and adjacent coastal waters from 11 a.m. until 5 p.m. The watch area covers 70 miles on cither side of a line from 60 See HURRICANE, Page 2 NE trustees to eye lawsuit settlement The board of trustees for the New Braunfels Independent School District will meet at 7:30 p.m. in the Education Center to discuss a possible settlement of litigation between the school district and a contractor. According to Lonnie Curtis, NBISD assistant superintendent for finance, the problem began in 1979 when the school district hired the contractor to put unit ventilators in one of the district’s schools. The ventilators were to be used for air conditioning and heating. However, years later, the district found the ventilators could notCouncil approves change in NEU deposit charges By MARGARET EDMONSON Staff Writer New Braunfels Utilities soon may be able to charge two months’ deposit for electric and water service hookups after City Council approved the first reading of a proposed ordinance during Monday night’s regular meeting. The amended ordinance will have to pass two more readings before it becomes a city ordinance. NBU requested it be allowed to require two months’ deposit for the hook-up of electric and water service with one month's deposit due upon application. The rest of the deposit will be paid out over four months’ billing. NBU General Manager Robert Sohn also recommended the utility company be allowed to hold the deposit for two years at which time it will be returned to the customer if that customer has only one late payment. Sohn also said NBU will pay simple interest on the deposit al a rate established by the Public Utility Commission. This year, the PUC established an interest rate of 7.25 percent. According to Sohn, NBU would have saved almost $50,(XX) in the past three quarters if they had the two-month deposit policy. “The ratepayers have to make up die difference," he said. Mayor Doug Miller agreed, saying, “The good customers are having to carry the load.” NBU trustees are also looking to change the formula used to determine sewer rates. They recommended Council approve a formula which looks at the previous 11 months of billing and taking the lowest three months water usage. A minimum residential charge of $7.50 will be assessed for individual users with $7.50 plus $2.50 for each additional user being assessed for multiple users (like apartments and condominiums). These block rates will be added to a rate of $1.40 for every I,(XX) gallons See RATES, Page 2Extremists threaten to kill hostages unless cleric freed be used for both and decided to sue the contractor for deceptive trade practices. A jury heard testimony in district court last week, but Curtis said a settlement has been discussed. NBISD Superintendent Charles Bradberry will present the proposed settlement before the board for its approval tonight. The district will also consider personnel appointments and resignations and hear the results of a survey of parents of primary school students. BEIRUT, Lebanon (AP) — Pro-Irani an extremists said they would follow the purported hanging of Lt. Col. William R. Higgins with the “execution” today of another U.S. hostage unless Israel frees a Shiite Moslem cleric it abducted. Meanwhile, a caller claiming to represent the group that kidnapped Higgins said a British hostage would be killed today unless the cleric was freed. The deadline for ai coiner telephoned threat against him passed this afternoon with no immediate word from the kidnappers. Israeli fighter jets swooped over strongholds of the Shiite fundamentalists in Lebanon at daybreak, drawing gunfire from Hezbollah militiamen in the aldern town of Baalbek, police said. A police spokesman said no hits were scored and the planes did not attempt to bomb cast Lebanon’s Bckaa valley, where more than 4,000 Iranian Revolutionary Guards attached to Hezbollah ae based. “But the flights heightened feas of a large-scale military opera ion that Israel might mount to avenge the reported haiging of American hostage William Higgins," the spokesman said. On Monday, the pro-Iranian Shiite group that abducted Higgins released a videotape of a man they said was Higgins dangling from a gallows. Higgins commanded a group of U.N. truce observers in south Lebanon when he was seized Feb. 17,1988. A second group of kidnappers later said American hostage Joseph James Cicippio would be killed if the Moslem cleric, Sheik Abdul Karim Obeid, was not freed by 6 p.m. today (10 a.m. CDT). Israel has refused to release Obeid but has said it would swap him and other Shiite Moslem prisoners for three Israeli soldiers and other foreigners held hostage in Lebanon.Good day Rain entuts the forecast once again with a 30 percent chance of showers or thunderstorms for today and a 40 percent chance for tonight and Wednesday. Mostly cloudy skies arc predicted for the area with the high temperatures ranging from the low to mid 90s and lows in Ute mid 70s. Inside: CLASSIFIED.............................8-10 COMICS.........................................6 CROSSWORD...............................3 DEAR ABBY.................................4 HOROSCOPE................................4 SPORTS......................................7-8 TV LISTINGS.................................4 WEATHER.....................................2Stammtisch Thursday is the deadline to sigil up for the fall 1989 semester of the St. Philip’s College Nursing Program, which is offered in affiliation with McKenna Memorial Hospital. The vocational nursing program is under the supervision of Gary Stogsdill and classes are held at McKenna. For additional information, call the hospital at 625-9111, extension 244.... Canyon High School Marching Band begins summer rehearsals this week at the band hall. Freshmen and new band members met this morning and will meet through Thursday from 8 a.m. to noon. The full band will meet Thursday at 6 p.m. and Friday from 8 a.m. to noon. Aug. 7 and IO are rehearsals for the full band from 8 a.m. to noon and 6 p.m.; Aug. ll, full band from 8 am. to noon; Aug. 14 through 18,* rehearse daily from 8 a.m. to noon, with a 6 p.m. rehearsal S«« STAMMTISCH, P«g« 2 ;