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New Braunfels Herald Zeitung (Newspaper) - February 6, 1997, New Braunfels, Texas 2 n Herald-Zeitung g Thursday, February 6, 1997 Contractor hit with $22,440 in damages By DENISE DZIUK Staff Writer A construction company that renovated a school in the New Braunfels Independent School District will have to reimburse the district more than initially projected for missing the targeted completion date. The board of trustees unanimously voted Tuesday to charge R.H. Miller, the construction company renovating Lone Star Primary, $22,400 for missing the projected completion date. That number increased from the original amount, based on what was actually the substantial completion date. Lonnie Curtis, assistant superintendent of finance, said the project was supposed to be finished by Sept. 12, 1996. He said the construction company said Dec. 5 was the actual completion date, but the district felt like it was even later. “The actual date of Dec. 5 changed to Dec. 12,” said Curtis. “(The board) felt like there were too many things left undone.” According to the contract, if the project was not completed by Sept. 12, 1996, the district could assess $300 in liquidated damages for each additional consecutive calendar day. Curtis said the delays were caused by subcontractors and a delay in material. The board agreed, and assessed the construction company with more than $22,000 in damages. “Basically, it is the contractor’s job to control all that,” said Curtis. “He didn’t monitor it close enough.” Curtis said the project, which will cost the district roughly $530,500, was part of a bond package. He said the money from the damages will go to other construction projects in that bond package. In other business, the board approved the budget for the renovations at New Braunfels Middle School. The central kitchen improvements were taken out of the proposal, and the money earmarked for that part of the project will go to the middle school renovations. In addition to the $3.2 million already designated for the project, Curtis said the board approved an additional $965,000 above that amount to compensate for changes in regulations and needs. Curtis said roughly $1.1 million will have to come from reserves to help fund the project. The renovations include visual and audio fire alarms, remodeling, library wiring and wiring in each classroom for four computers and a printer. Curtis said the wiring will be done during this project to avoid higher costs down the road. Garden Ridge ends fiscal year in black By DAVID DEKUNDER Staff Writer GARDEN RIDGE — Higher than projected revenues and less expenditures amounted to a good fiscal year for the city of Garden Ridge in 19%, an auditor said at the (iarden Ridge Council meeting Wednesday night. “The city is in excellent financial shape because of the conservative spending in the departments,” auditor Nelson Harborth said. “The revenue streams increased a little bit. The biggest difference was in expenditures.” Harborth was hired by the city to do its f iscal Year 1996 audit report, which covered Garden Ridge’s finances from Oct. I, 1995 to Sept. 30, 1996 The figures from the audit report show the city raising $474,559 in revenues and having expenditures of $320,768 This left (iarden Ridge with an excess of $ 153,791. Through the city’s water company sales, $364, $17 in revenues was raised. The water company spent $;289,229 giving the company $75,288 in net income. !When the interest and sinking fund, asset forfeiture fund and the capital improvements ftind are added in, the city collected a total of $962,933 in revenues and had expenditures of $727,677. This left the city with a net revenue of $235,256. Harborth said the city should approve a new accounting system for its computers because the current one does not do a good job in adding up figures. “The city should go over to a better accounting system,” Harborth said. Mayor Jay P. Minikin agreed with that assessment. “It is apparent that the system we bought three years ago is not working,” Minikin said. The council tabled an agenda item during the meeting for a new system until all the systems can be looked over by the council. Minikin was pleased with the audit report. “The city’s financial health is in excellent shape,” he said. In other business: ■ The council approved the job description for the city administrator’s position. ■ Approved a conceptual plan for a proposed 164 acre subdivision on FM 3009 across and between the intersection of Teakwood Drive and Gloxinia. The plan has to go before the city’s planning and zoning commission before the council approves the final plan. ■ Approved a request for water service at a proposed subdivision on 32.5 acres located at Bindseil Lane at Bat Cave Road. ■ Reviewed requests for qualifications for the position of city engineer from two engineering firms and decided to interview the candidates before taking any action at a future meeting. ■ Adopted a city resolution ordering the city’s general election on May 3. ■ Reviewed applications for the city secretary's position and decided to still advertise for the position. So far the city has nine applications for the job. ■ Approved impoundment fees for animals at city hall holding kennels. Fch- a licensed pet the fee will be $50 and for an unlicensed pet, $75. For a second impoundment, the fee will be $100 for licensed pets and $150 for unlicensed pets. Senate panel OKs parental notification abortion bill By CHIP BROWN Associated Press AUSTIN (AP) Anti-abortion activists who hail the approval of a “parental notification" bill by a Senate committee hope its early consideration in the legislative session would give it momentum to the full Senate. “It gives us a huge boost,” Bill Price, president of Texans United for Life, said Wednesday. “The pro-life movement in this state has not been successful in passing pro-life legislation. We’ve never gotten a hearing on a bill like this so early in the legislative session.” Doctors who perform abortions would be required to notify a parent or guardian of a minor seeking an abortion, under the bill sponsored by Sen Florence Shapiro, R-Plano. The measure was approved 8-3 by the Senate Health and Human Services Committee. I lie same bill tailed to win Senate itppioval in 1995, but with a new Republican majority in the chamber it’s expected to succeed this time. But the measure is expected to have a tougher road in the House, where Rep Kenny Marchant, R-Carrollton, is the sponsor. There was emotional testimony on both sides of the abortion issue prior to the vote. Dr. Dave Kittrell, an obstetncian from San Antonio who performs abortions, said the bill is aimed at intimidating abortion doctors. The bill places the responsibility of notification on the doctor, who’s required to reach a parent personally, by phone or by certified mail within a 48-hour period of the minor’s request for an abortion A doctor who fails to do so and performs the abortion would be in violation of a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine. The bill doesn’t require doctors to get parental consent. A separate “parental consent” bill also is pending before lawmakers. Lotto Texas 18,19, 21,29, 48,50 jEst $?5 milton • jackpot .-TEX as-LOTTERY "Texas Independence Day" Mini-Bonds An opportunity to invest in the Lower Colorado River Authority, one of the best-run public entities in Texas. On March 2, Texas Independence Day, die LORA will offer tax-free, affordable revenue bonds for sale lo all Texans The LORA provides electricity, water/hydroelectric, land resource, environmental protection and community development services lo all or portions of 58 counties in Central Texas LORA'S “mini’’ bonds will be available for purchase In denominations ss small as $500 between Jan 20 and Feb 12,1997 There will be a limit of $10,000 per owner. This is the fourth year Texans will have the opportunity lo purchase LORA Mini bonds More than 3,200 Teians have already taken advantage of this unique investment opportunity Call I 800 290 LORA (5272), or in Austin 473 4087, or visit our web site, http/Avwwlcraorg,before Feb ll, 1997, to request an information packet and order form HW <«nataHa* dial int ctmhMt — «H» » ttl m Sn nhiWWx d—sfhr tslsy Sn MW iWt, Mi (MI riuii Is My tall rf MW le<Wi attal Mwy rf As PNMrf CAN T KEEP UP? WE CAN HELP' Child Support • Medical Bills • Past Due Auto Loans • Back House Payments • Back Taxes • Credit Card Debts All Can Be Included! BILL CONSOLIDATION Also known as Debt Consolidation or Wage Earner Plan (Chapter 13 Bankruptcy) STOP CREDITOR HARASSMENT! RO CREDIT REEDED1 Call 1-800-342-3871 • (Local) 341-6303^p_pp ..... 124-HOUR RECORDED INFORMATION I LFREE CAIL! 'REE VISIT!Clarkson & Volkman, Attorneys Obituaries Guadalupe H. Perez Mrs. Guadalupe H. Perez, age 67, of New Braunfels, died Wednesday, Feb. 5, 1997, at the Northeast Methodist Hospital. A rosary will be held at 7 p.m. Friday at the Zoeller Funeral Home Chapel. Funeral mass is scheduled for IO a.m. Saturday, Feb. 8, at the Holy Family Catholic Church with Rev. James Wasser, M.S.F., celebrant. Burial will follow in the Sts. Peter and Paul Catholic Cemetery. Visitation begins after noon Thursday and continues until 9:30 a m. Saturday when the procession departs the funeral home. 7&!k ta, S'FUNi 'en. 'FUNERAL HOME Robert C. Oft Robert C. Ott of New Braunfels, formerly of San Antonio, entered into rest Monday, Feb. 3, 1997, at the age of ll years. He was preceded in death by his grandson, David Shawn Ott. Survived by: children Carol Jean (Tookie) Friesenhahn and Gerald, Robert Charles (Bobby) Ott Jr. and wife Dolores, Jeanette Rosalie Hubertus and husband Leroy, Dennis Anton Ott and wife Sherry, Allen Charles Ott and wife Shirley; sister and brother-in-law Sarah Anne and Bcnard Majeski; sisters-in-law Mary Ott, Josephine Ott and Elvira Ott; IO grandchildren. Visitation was held from 11 a.m. till 5 p.m. Wednesday in the Dellcrest Chapel. Rosary was recited at I p.m. Wednesday, Jan. 5, at Sts. Peter and Paul Catholic Church. Funeral mass celebrated IO a m. Thursday, Feb. 6, in Sts. Peter and Paul Catholic Church with Msgr. Edward Bily celebrant. Burial following in Our Lady of Perpetual Help Catholic Cemetery No. I in Selma, Texas. Dellcrest Funeral Home, San Antonio Laura Bursch Funeral arrangements are pending at Zoeller Funeral Home for Laura Barsch of New Braunfels. She died Wednesday at McKenna Memorial Hospital at the age of 79 years. 7&lli ta SfUNl en- FUN ERAL HOME Marjorie Parker Wall Marjorie Parker Wall of Cibolo died Tuesday, Feb. 4, 1997, in San Antonio at the age of 74 years. She was bom June IO, 1922, in Healdton, Okla., to Lenton and Ruby (Hartwell) Parker. Marjorie was united in marriage to Irvin Peter Wall on Nov. 4, 1951. She worked in the aerospace industry for many years with involvement in the Saturn Space Program from its early test program until the end of the program, including meeting most of the astronauts who landed on the moon. Matjorie loved music, singing with the Sweet Adolines, in church choirs at various locations, and enjoyed playing the organ. She also enjoyed bowling, camping and going on cruises. She will be remembered by her husband Pete Wall; daughter and son-in-law Beverly and Bill Flick; grandchildren Janie Flick and Billy Flick; a great-granddaughter Shelby Flick; her twin sister Margarette Tost, brother and sister-in-law Jim and Diannah Parker, sister Thadene Argeanas and many other relatives and friends. Funeral services will be at 2 p.m. Friday, Feb. 7, 1997, at Zoeller Funeral Home with burial to follow in Guadalupe Valley Memorial Park. Visitation will be at Zoeller Funeral Home from 9 a.m. Thursday, Feb. 6, until service time with the family present from 5 until 8 p.m. Thursday. The family has requested that memorials be given to the American Cancer Society. FUNERAL HOME O J. trail moves to punitive damages phase By MICHAEL FLEEMAN Associated Press SANTA MONICA, Calif. (AP) — The O.J. Simpson civil trial shifts today to the punitive damages phase, when the jury decides whether to heap more money on top of the $8.5 million it already awarded. The plaintiffs intend to argue for millions more to punish Simpson for the 1994 slashing deaths of ex-wife Nicole Brown Simpson and her friend Ronald Goldman. The defense was expected to plead for monetary mercy. This part of the trial will combine soaring rhetoric about justice with dry testimony about assets and liabilities. At least four lawyers and two financial witnesses will speak to jurors; testimony was expected to last up to three days. Among the most important issues is how touch mohey Simpson actually'Has left afliw 1/2 costly years of litigation and a precipitous (hop in his earning power. Under California law, any punitive award is supposed to bear some resemblance to his financial state: It’s supposed to hurt him but not destroy him. Lawyers probably will argue about accountants’ interpretations of Simpson's financial statements, and the differences are expected to be profound. Before the trial started, Simpson told plaintiffs he was worth $8 million, but then, 45 days later, he claimed to be worth just $500,000, plaintiff lawyer Peter Gelblum said Wednesday in court. And the defense said in court that Simpson earned about $100,000 in the past six months. The best estimates are that Simpson is now worth no more than $6 million — and probably much less — with nearly all of his worth in the form of his estate, which has been mortgaged to pay legal bills. Simpson lawyer Robert Baker, who must face a jury that has unanimously rejected everything he has said, will probably plead fiscal money, arguing his client has nothing left to give. “He's going to tell the jury that they’ve already sent a message, that his client heard the message, that his client is broke, that he has no way to pay that $8.5 million verdict, let alone respond in punitive damages,” civil lawyer Larry Feldman predicted. Simpson also can take any number of court actions, from filing for bankruptcy protection to appealing the verdict and seeking to get the damage award reduced. That means more legal papers, more hearings, more Simpson legal battles. A key witness for the plaintiffs will be a forensic accountant who has been poring over what they have complained is the scant financial data Simpson submitted. The plaintiffs also intend to call an expert in licensing and marketing of famous names and faces to discuss how the football great, who once ran through airports for Hertz, can still make a few more bucks. Under California law, creditors can garnish up to 25 percent of future wages. The defense may call its own accountant and perhaps even Simpson’? business lawyer tp ofter a contrasting opinion-    1 The punitive damages phase comes two days after the jury found Simpson liable for the killings and awarded Goldman’s parents $8.5 million in compensatory damages. The award represents the value of their son’s funeral and the loss of his companionship. Gatekeeper PROGRAM Community support for the elderly Senior citizens compose the fastest growing age group in Texas. That’s why PEC is participating in the Gatekeeper Program, a nationally recognized supix>rt program for the elderly. Gatekeeper is designed to assist vulnerable older people who are unable to obtain help for themselves. PEC and the Texas Department on Aging are working together by alerting the appropriate state health or social service agency when such help is needed. Through Gatekeeper, PEC is opening the gates between older Hill Country residents and the agencies that can assist them. MiPedernotes (kW Electric Cooperative, Inc. San Antonio, Toxaa r J • * Cert I.. ,1 fix i ■, Min! * I .-(J. ;