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New Braunfels Herald Zeitung (Newspaper) - December 3, 1985, New Braunfels, Texas -J    I (J I i'- J-- /    ^    'Y(T/ft' . AMI RU AN NU HOF TLM AIT:    PETE    SINCLAIRP.O. BOX 45436 [IAI-1 AC- TF T:>24':. 2t!Hospice Tree of Lights entertainment scheduleSee Page 2A City Cornal River......... 345    cfs    (down 5) Water Canyon inflow    662    cfs    (down 266) Canyon outflow....... 542    cfs (same) Watch Edward . Aquifer  626.66 (down .04)Canyon Lake level 910.07 (up .07) Austin said to be Texas fastest growing city See Page 3A New Braunfels Herald-Zeitun New Braunfels. Texas Vol. 94-No. 234 Tuesday December 3,1985 25 Cents 16 Pages 2 Sections No pass rule in limbo HOUSTON (AR) A judge will wait IO days before deciding whether to appoint a .special master to collect statistics from school districts for an attorney challenging Texas’ no pass. no play rule State District Judge Marsha Anthony on Monday granted attorney Anthony Sheppard the extension to review figures from about 400 districts provided by the state last week. Anthony had planned to appoint a special master to collect information from the state's 1.100 school districts to examine the effects of the no pass. no-play rule on students The no pass, no play rule, part of an educational reform package adopted by the state legislature last year, prohibits students who fail a course from taking part in sports or other extracurricular activities Sheppard wants the district figures to prove his arguments that the rule discriminates against minority and handicapped students. Anthony halted the class action lawsuit trial Nov 25 in order to appoint a master after Sheppard argued the state was withholding district figures. Sheppard had gathered information from only 20 school districts But Assistant Attorney General Kevin O’Hanlon, who is defending the law. said the state was not required to keep such statistics Sheppard said Monday that if the state supplied information was insufficient. no special master will be needed So far. he has reviewed data from about 70 districts, he said "I feel we probably don’t need a master.” Sheppard said ”1 want to avoid the expense if it’s not necessary.” Sheppard said statistics from the 70 school districts he has reviewed show minority and handicapped children are failing at a higher rate than whites. Among black students, who comprise 9.57 percent of the population, 32 percent failed at least one class, he said Hispanic students, making up 23 I percent of the population, failed at a rate of 33.7 percent The 6.5 per cent student imputation of disabled students failed at a rate of 20 47 per cent Anglo students, however, failed at a rate of 19.7 percent and make up 00 3 percent of the student popuia tion, Sheppard said Holiday lights Change of venue denied in abuse trial •f BC MIC OaLOACM Staff writer State District Judge Robert Rfeuf fer has denied a change of venue motion in the child sexual assault case against a Canyon Lake man which ended in a mistrial last week David Charles Perry, also known as Jeff Owens Perry, was found gull ty of sexually assaulting a four year old girl this year by a Comal County jury on Nov 22 Seven hours of deliberation went into the jury’s decision, but Pfeuf fer’s mistrial ruling on Nov 25 meant a new trial for Perry Testimony was set to begin at 9 this morning Once the mistrial was delared last week. Perry’s attorneys, Norman Dean and former County Court at Law Judge D H Buchanan filed a change of venue motion, asking th* new trial tm moved to another coun ty A hearing was held on that motion along with a motion for continuance Monday morning Af the hearing. Dean said the defense had been made aware of a brand new witness District Attorney Bill Schroeder intended to call to testify this go round We're surprised by this We don * even know his name,” Dean said “All we know is he was a possible cell mate or near our client in the jailhouse “We think this is quite revelant to our case ” Dean added saying he needed more time to check into the See VENUE. Page ioa CISD awards $1.38 million in bids The city's annual Christmas tree lighting ceremony was held at the Main Plaza Monday evening. Pictured, Jason and Stepehen Villarreal gaze at the newly lighted Christmas LE SLIf KWEWALDT HERALD ZEH UNG tree, prior to visiting with Santa The event was marked with a good sized crowd, singing of Christmas songs and a visit from Santa. See picture page 2A By BC MIC BtLBMN Staff writer Comal ISI) trustees awarded a SI 38 million contract to renovate three campuses Monday night but decided to call another special meeting to award the contract for renovations at Canyon High School Trustee Bill Hays, who serves on the district’s building committee said the contractor in question on the CHS project is “out-of town and has no previous track record in this area.” Those two factors, he said explain ed why the board and the building committee wanted to do more in vestigation on the Conroe contractor who submitted the low bid for the Ca nyon project We want to talk to two more references ” Hays said We \ e done some investigating but we want to do more to make sure ” Superintendent Bill Brown in dicated the board would call a special meeting to award the CHS contract after the additional references had been contacted Improvements included in that bid package will be additional labs an improved air-conditioning system ceiling insulation new carpet im proved athletic facilities curbing at the bus stop an outside paint job and restroom renovations The contractor who was hired Mon See BIDS. Page JOA Marion businessmen push for parking Inside I CLASSIFIED 79A COMICS 5-6 B CROSSWORD 10A DEAR ABBY 6B DEATHS 2A HOROSCOPE 10A OPINIONS_ AA SPORTS_ 56A WEATHER 2A By SAMB BURE Staff writer MARION - The Marion city coun cli decided Monday to pursue a lease agreement with Southern Pacific Railroad for the railroad’s right of way through downtown. Local business owners addressed the council requesting that they con sider the need for the land now being used as a parking lot for downtown merchants. ‘ There is any number of us who re ly on the parking in that stretch of land.” said Roger Sheffel, owner of Helping Hands Hardware Sheffel is also Marion’s fire chief and former mayor He added that if the property was leased to someone else, all of the downtown businesses would be affected The city would receive less money in sales tax if business dropped because of lack of parking space, he said. The question of leasing the railroad property was raised during the Nov. 18 council meeting The council voted not to lease the property because it was feared that the coat of liability insurance for the city would be increased Mayor Clarence Jackson said that the issue was brought up originally because the railroad officials have expressed concern about people lit tering and loitering on the property “The railroad has threatened to put a fence around the whole area because of some of the reports they’ve gotten.” Jackson said He ad ded that there have been reports of children throwing bottles at passing trains. Chick Looff, owner of the Overlander Restaraunt, told the council that she wants a guarantee that her customers can park on the property. Councilman Charles Schulz said that he had looked in to the insurance matter since the last council meeting and found that leasing the property would not increase the city’s insurance expenses “Our liability will cover it and it won t go up.” Schulz said He added that although he had voted originally against leasing the property, he had reconsider and thought leasing the property would be best for the community. The council voted unanimously to pursue a lease agreements In other business, the council discussed the possibility of holding a bond election to pay for street and drainage repair “The Farm and Home Administra tion gave me a tentative agreement that they would finance a bond issue of $300,000,” Jackson said He said the money could be used for repair ing all of the city's streets Repayment of the bonds would take 20 years at about IO percent interest, he said Jackson said the earliest possible time for a bond election would be April lf bonds were issued for Cheer Fund $300,000, city taxes would be increas ed by about 21 cents per HOO valua tion. he added The Marion tax rate is currently 74 34 cents per HOO valuation. See PARKING, Page 10A State fifes new nuke disposal suit to the office call 625-9144 to arrange to have the donation picked up Today's weather It will be mostly cloudy and cold today with a high in the upper 40s and light winds Skies will be mostly cloudy tonight and Wednesday, with tonight s low near 40 and Wednev day s high in the upper 50a Winds will be light Yesterday's high was and this morning s low was 35 Sunset tonight will be at 5 32 pm and sunrise Wednesday will be at 7 IO a rn Get those stocking stuffers' AUSTIN (AP) — Attorney General Jim Mattox has filed suit against the US Environmental Protection Agency, alleging that EPA standards for storing high level nuclear wastes would not protect groundwater in Deaf Smith County. The suit was filed Monday in the 5th U S Circuit Court of Appeals in New Orleans, the same day the U S Supreme Court refused to hear Texas' previous legal challenge of the selection of a Deaf Smith County site The justices, without comment, left standing a 5th Circuit Court ruling that the earlier challenge was premature A spokeswoman for Gov Mark Whites office said Monday that W hite, who was out of town, was extremely disappointed in the high court’s refusal to hear the case but hoped there would be a different decision in other appeals There also is pending in the 9th Circuit Court of See SUIT, Page 10A The Christmas Cheer Fund will try to feed 200 families this year As of Tuesday morning, the balance stood at $662 56. up $40 from Friday The $40 was donated by J L and Jean Cooney of 7 Royal Crest — $30 and H M and Blanche Sander of 2415 Weisch Drive — $10 All Cheer Fund donations are tax deductible and may be brought to the Herald-Zeitung of fices at 186 S Casten Contributions may be in the form on money or nonperishable food items Those who want to donate, but who cannot come 22 shopping days to Christmas Tech hires McWilliams David McWilliams defensiv ordinalor at the University of T was named the head football co« the Texas Tech Red Raiders Page 5A. ;

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