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New Braunfels Herald Zeitung (Newspaper) - August 29, 2000, New Braunfels, Texas Hartwig lawyers claim she was battered, abused by husband By Heather Todd Staff Writer Years of physical abuse affected Adele Hartwig’s ability to answer questions about the 1999 fire that killed her husband, defense attorney Tom Garner said Monday. Garner gave brief opening statements Monday in 62-year old Adele Hartwig’s capital murder trial. Prosecutors rested their case against Hartwig Monday morning after a week of testimony in 22nd District Court. Adele Hartwig is accused of starting a house fire May 4, 1999, that caused 72-year old Harold Hartwig’s death. Prosecutors say Adele’s husband was preparing to divorce her and she wanted to collect insurance money. A six-man, six-woman jury will decide whether to convict her of capital murder, which would mean a mandatory life sentence. The Comal County District Attorney’s office is not seeking the death penalty Adele Hartwig initially told investigators someone else set the fire, assaulted her and hung her from a tree. She was found at the scene hanging from a tree with her feet touching a rock. She later changed her story and said she intentionally set the fire while her husband was sleeping. In a taped statement played See HARTWIG/5AInside Abby......................... .......7 A Classifieds.................. ...4-6B Comics....................... .......3B Crossword................. .......7 A Forum......................... .......6A Local/Metro................ .......4A Movies......................... .......7A Obituaries................... .......3A Sports........................ ....1-3B Today......................... .......2A Television...................... 3B www.herald-zeitung com Key Code 76 City, developer claim small victories By Jo Lee Ferguson Staff Writer The city of New Braunfels and Brookshire Homes won some and they lost some after a court hearing Monday regarding the troubled Meadow Creek subdivision. A district court judge granted Brookshire Homes a temporary injunction, allowing the company to continue building 12 homes under construction in the Meadow Creek subdivision on Pah-meyer Road. However, he did not a grant Brookshire Homes an injunction allowing the company to start building other homes in the subdivision. The decision, made by 22nd District Court Judge Charles Ramsay, came after more than four hours of testimony Monday from Brookshire and city officials and expert witnesses on both sides. Charles Frigerio, the attorney representing New Braunfels, said Ramsay’s ruling showed the homes Brookshire was building were below the average value and construction of other homes in the neighborhood. The judge prevented Brookshire from completing the type of homes it had planned for Meadow Creek, Frigerio said. “It’s a great victory for the citizens of New Braunfels, the upholding of up its ordinance,’’ Frigerio said. Earlier this year, the city granted four permits to Brookshire Homes to build in Meadow Creek. The city put the permits on hold four days later after area residents complained. The city said the homes violated ordinance because they were not the same average value, size, type and con-See CITY/5 A FELS Water Restrictions ■ New Braunfels Utilities customers with addresses ending in 0. 1 or 2 can water today after 7 p.m. Edwards Aquifer well users with addresses ending in 0 and 1 water from 3 a.m. to 8 a.m. and from 8 p.m. to 10 p.m. Herald-Zeitung Council delays alcohol ban vote City plans to pick committee, revisit issue in MarchVol. 149 No. 211    14    pages    in    2    sections    August    29,    2000    r    pT    Serving    Comal    County    since    1852    50    cents Tuesday Mayor Stoney Williams Juan Luis Martinez/Dist. 1 Larry Alexander/Dist. 2    Debbie    Flume/Dist.    3    Robert    Kendrick/Dist.    4    Lee    Rodriguez/Dist.    5 Also On The Agenda New Braunfels City Council had its hands full Monday night with a big agenda packed with many key issues. As of deadline Monday, council still had to consider: • A drainage ordinance establishing a watershed management utility fee, watershed development fee and watershed management fund. The utility fee would be paid yearly for improved lots, including single-family residential lots and all other improved lots. The watershed fee would be imposed on all new development. The fees would go to the management fund. That money would go toward building and maintaining drainage facilities. • Consider river task force committee. • Support for the Comal County Commissioners Court decision to temporarily suspend new development on lots smaller than 1 acre; and •A request for voluntary annexation from the Gardens of Hunters Creek subdivision. Other items on Monday’s agenda included: •A proposed ordinance limiting the purchase of Landa Park Golf Course 30-round passbook to Texas residents; and •A proposed ordinance to prohibit "transporting animals in an unsafe manner," and "leaving animals in motor vehicles under dangerous circumstances." For complete coverage on these issues, see Wednesday’s Herald-Zeitung. By Jo Lee Ferguson Staff Writer Efforts to enact an alcohol ban on local rivers stalled during Monday’s New Braunfels City Council meeting. Instead council voted to form a committee to explore collecting tube and shuttle taxes to increase law enforcement on the rivers. Council also decided to revisit the alcohol ban in March. Some criticized the idea of another committee early in the meeting, including Councilman Robert Kendrick. He proposed the alcohol ban at a previous meeting. The city formed river committees in 1991, 1995 and 1997, he said. “Basically nothing was done,” Kendrick said. Mayor Pro Tem Juan Luis Martinez headed the effort to delay the vote on the alcohol ban. Mayor Stoney Williams and Councilmen Larry Alexander and Lee Rodriguez joined him in voting to delay the issue. “He’s realized, as we all have, that there’s two sides to this issue,” Alexander said, supporting Martinez’s proposal. Kendrick and Councilwomen Debbie Flume and Juliet Watson voted against the delay. The vote marked an anticlimactic end to a debate that attracted hundreds to the council meeting Monday. Kendrick’s proposal came after many complaints about bad behavior, drinking and nudity on the two rivers. The ordinance council considered Monday would have established a “central river business district” on the Guadalupe River between the Greene Road and Faust Street bridges and on the Comal River from the Landa Park Drive bridge to the river’s confluence with the Guadalupe. The ordinance then would have banned consumption of alcohol or possession of open alcoholic beverage containers in the central river business district. Before the meeting, a group of residents picketed in front of the New Braunfels Municipal Building. The picketers live near the last public exit on the Comal River. They carried signs that read, “Ban Beer. Bring back families.” See ALCOHOL/8A K. JESSIE SLATEN/Herald-Zeitung Opponents to the proposed alcohol ban wore their feelings on their shirts at Monday’s council’s meetings. Juliet Watson/Dist. 6 K. JESSIE SLATEN/Herald-Zeitung Above: Jeff Henry, an owner of Schlitterbahn Waterpark and Resort, speaks against the proposed alcohol ban during Monday’s council meeting. Right: Bob Krueger, a former U.S. senator and ambassador, called on council to ban alcohol on the rivers. ;