New Braunfels Herald Zeitung (Newspaper) - February 24, 1995, New Braunfels, Texas
FRIDAY!First United Methodist
New Braunfels Sesquicentennial March 21, 1845
410 HOI6 10/22/99
8 0 - W E SI HIC F< 0 P U B LIS HIN G 2627 E YANDELL DR
EL PASO, TX 79903-
16 pages in two sections ■ Friday, Feb. 24, 1995
Serving Comal County for more than 143 years ■ Home of ANITA HANZ
I Vol. 143, No. 75
Birthday wishes from tho Herald-Zeitung!
The New Braunfels Herald-Zeitung extends the following birthday wishes to; Anita Hanz, Edgar Dieted (96 years!), Jennifer Dolle (13 years!), Dahlia Guerrero (21 years!), Ron Sodders (belated), Dennis W. Kraft, William Ulbricht.
Happy Anniversary to Car & Martha Lavin (58 years!).
Lake Dunlap yard sale scheduled for Saturday, Fob. 25
The Lake Dunlap Property Owners' Association will hold a yard sale on Saturday, Feb. 25 from 8:30 a.m. to 4 p.m. at the Southbank Club House.
Funds raised from the sale will used to treat the hydrilla in the lake in the spring.
Users of the lake and i*nperty owners art; asked to**" ■"I ’ items for the sale. Thtit ta Items can be dropped rgs at the Southbank Club House on Thursday. Feb. 23 from 4 p.m. to 8 p.m. and on Fnday, Feb. 24 from 9 a m. to 4 p.m.
Anyone having large items to donate can call Jack Burkcn at 829-3237 to arrange for a pickup
The Southbank Club House is located off FM 725 in the Southbank subdivision on Southbank Boulevard.
Historical Masquerade Dance set for Feb. 24
The German-Amencan Society will sponsor a dance at the Knights of Columbus Hall on Feb. 24 starting at 8 p.m.
The Seven Dutchmen will play and Prince Solms, knights, princesses, the court jester and settlers dressed in beautiful regional costumes from the Old World invite everyone to come join the festivities.
Tickets are $6 and can be bought at Centex Office Center, chamber of commerce, Henne Hardware, Old Town Inn and Lepp Juwelier.
Tickets at the door will be $7.50.
No winners in Wednesday’s Lotto Texas
No tickets correctly matched all six numbers drawn Wednesday night for the twice-weekly Lotto Texas game, state lottery officials said. The jackpot was worth $4 million.
The numbers drawn Wednesday night from a field of 50 were: ll, 33, 35, 38,40,43.
In addition, there were IOO tickets sold with five of the six numbers, with each ticket worth $1,831
There were 5,279 tickets with four of six numbers, with each winning $124 And there were 106,680 tickets sold with three of six numbers, with each worth an automatic $3.
Lottery officials estimate the jackpot for Saturday night’s game will be $11 million.
This newspaper is printed on recycled newsprint
Fraser defeats Kahlig again
By SUSAN FLYNT ENGLAND
Mayor Paul Fraser emerged victorious yesterday in the trial to settle the lawsuit Gary Kahlig brought against him. The suit alleged the May 1994 election had been invalid due to election irregularities. Kahlig ran against Fraser in that election for the Dist. 4 city council seat.
Fraser’s attorney Ed Nolan requested that the judge impose sanctions on Kahlig’s attorneys for pursuing a frivolous lawsuit.
District Judge Joe Dibrell deliberated only five minutes before handing down his ruling. “There was no clear and convincing evidence that the election was not properly conducted,” said Dibrell.
The judge said he had already ruled on the invalid vote of Juan R. Rodriguez. Barring that vote, evidence supported only one matter to view - the distance of the markers at the Frazier Elementary polling place, he said. “The contestant (Kahlig) must prove that voters were prevented from exercising their rights, said Dibrell. “There was no clear and convincing evidence.”
Nolan called only two witnesses in Fraser’s defense, two election officials from the Texas Secretary of State’s office. Director of Election Administration Melinda Nicholas was present at the recount of the May 7 votes. “In my opinion the recount was one of the most properly conducted that I have observed,” she said.
Kahlig tried unsuccessfully in his cross examination to make Nicholas admit that City Secretary Veronica Sarkozi had overstepped her author-
‘We’ve got a very clean election process and it's because of Veronica Sarkozi.’
- Ed Nolan Attorney for Paul Fraser
That’s the problem with the court system today. It is controlled by attorneys.’ ,
- Gary Kahlig
ity in carrying out her duties during the election. “I can’t for the life of me find anywhere in this book that gives authority to the city secretary,” he said, pointing to the Texas Election Code.
Nolan called Election Examiner James Nino to the stand. Nino had observed and written reports on the May 7 election at Districts I, 2 and 4. Nino testified that the distance markers at Frazier Elementary “met the requirements.”
“There didn’t appear to be anything abnormal,” Nino said.
Kahlig said in his closing argument that “electioneering is clearly a political activity and is guarded by Amendment 9 of the Constitution.” He said that his family’s constitutional rights had been violated by the misplacement of the distance marker at Frazier Elementary. Kahlig asked that the judge grant a new election.
Kahlig attempted to discredit Sarkozi’s role in the May 7 election, “lf the court adopted your position on this,” said Dibrell, “then every elec
tion in Texas is invalid.”
“I don’t think there’s any doubt that he has not met his burden of proof,” Nolan said in his closing. He acknowledged that the miscast vote of Rodriguez had been the one mistake in conducting the election. “It certainly wouldn’t have affected the outcome of this election, he said.
Nolan asked Dibrell “that there be a finding that this case was filed without merit.” He put forth a motion for a hearing under Rule 13 for sanctions on Kahlig’s attorneys.
Rule 13 states that an attorney and possibly his client can be held liable if they file a lawsuit the judge holds to be groundless or frivolous.
Dibrell agreed to set a heanng at a later date. “That’s not of great moment," he said, “because it doesn’t bear on the election.”
“I think this is a classic case for Rule 13,” said Nolan after the trial. He said Dibrcll’s ruling showed that the May 7 election was clean. “I think we’ve go to puf a stop to the thought that the
court plays a part in the election process in this city,” he said.
“We’ve got a very clean election process and it's because of Veronica Sarkozi,” said Nolan.
Nolan said Daniel Benitez had been used by the Kahlig campaign when he was asked to fill out affidavits and serve as a notary public with no training. “You can see the guy can’t tell a lie ” said Nolan, “and he wouldn’t intentionally do anything wrong.”
Nolan commended Atanacio Campos for his help in Fraser’s defense. “He donated himself unselfishly,” he said.
“I think you did well in representing yourself," said Dibrell to Kahlig, “ but I warned you that iP was a mistake not to retain counsel.”
Kahlig said that he would make die same decisions if he had it to do over again. “Because I believe that I was right,” he said.
Something is wrong with the legal system if it is so complex that a person cannot effectively act in court on his own behalf, said Kahlig. “That’s the problem with the court system today,” he said, “It is controlled by attorneys.”
Fraser said he was most pleased that the verdict exonerated the city employees and their conduct in the election and regretted that the quality of their work had ever been challenged.
“I just want the world to know what great moi Ed Nolan and Nacho Campos are,” said Fraser. The two attorneys took Fraser’s defense at no cost.
“They went to bat for something they believed
in,” he said.
Youth Althea! on tan Saturday
First annual event to feature talents of local youth artists
By SUSAN FLYNT ENGLAND
Youthful exuberance and creativity replaces cars tomorrow on downtown New Braunfels streets, as Youth Art-beat ‘95 explodes.
The “Kids As Art” Parade kicks off the event at 11 a.m. The Canyon Middle School Band leads a caravan of antique cars. It's not too late for kids to join in the costume parade — they should meet at the Fire Station across from the Brauntex Theater at 10:45.
The “Heart of the City” will overflow with jugglers, mimes, theatre, music, dancing, poetry and song writing.
“Texas Artist” Dal Windberg will greet the public at the Hummel Museum. Local artists will demonstrate at the Art League while child artists line the streets with easels, chalk murals and sidewalk paintings.
Fun food will be on sale from over 22 restaurants.
“Count the Elvis Contest” players can turn in entries until I p.m. at the T-shirt booth in front of Vollbrecht’s Pharmacy. Rachel Shipley’s award-winning logo T-shirts will be on sale as well.
The Awards Presentation for submitted art begins at 3 p.m. with the “Count the Elvis” winners.
If it looks like it might rani Saturday, call KGNB in the morning to find out about a possible rain delay.
Play count tha Elvis Sightings!
Correctly count all the number of times Elvis appears rn the Herald-Zeitung this week and win prizes' Today is the final day for the Count The Elvis Sightings Contest Come by the Herald office by 5 p m and fill out a form or go to the T-shirt booth rn front of Vollbrecht's Pharmacy tomorrow by 1 p m to register your entry
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New Braunfels Jr. Miss contestants took a moment to pose with Elvis yesterday to promote the Jr. Miss contest which begins tonight and the Youth ArtBeat which takes place Saturday. The contestants will be in the parade Hi Saturday morning (parade a route shown above) at 11 a.m.
Dunlap residents eye more hydrilla problems
$20,000 must be raised
By CRAIG HAMMETT
Property owners around Lake Dunlap are once again trying to raise funds to fight the hydrilla plant problem at the lake.
As much as $20,000 will have to be raised to match other funds so the Texas Parks and Wildlife Department can treat the lake with a chemical, Aquathol K, like they did last year.
The funds must be raised by the end of February, said the president of the Lake Dunlap Property Owners’ Association, Mike White.
“We’ve come at it a hundred different ways, but they tell us the chemical is the best way to do it,” White said.
The treatment was first applied last year to kill the top layer of the dense plant, a process the TP&W declared successful
The problem is that the chemical does not loll the entire plant, which grows back.
“It’s going to grow back cveiy year,” said White
Concerns rose over the use of chemicals as some residents feared adverse affects.
The lake level had to be lowered and the water could not be used for a penod of a little more than a week.
Options included introducing a type of carp into the lake, which feeds on the plant. But wildlife officials fear the carp will escape downstream and wipe out native plants.
Although hydnlla sometimes provides a nice fishing habitat, especially for bass, many residents say the boating dangers caused by the thick growth outweigh that White said the plant becomes so thick it traps debris sent downstream from New Braunfels.
The property owners are asking for four levels of donations, $50 for bronze level, $100 for silver, $250 for gold, and $350 for platinum.
White said he believes the organization will be able to raise the needed $20,000.
A yard sale is scheduled for Saturday between 8:30 a.m. and 4 p.m. at the Southbank Club House off FM 725 on Southbank Boulevard.Call 625-9144 for subscription, news or advertising information