New Braunfels Herald Zeitung (Newspaper) - January 4, 1983, New Braunfels, Texas
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'Surprise'fish may scuttle
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By DEBBIE DeLOACH Staff writer
What’s two inches long, shines like a rainbow, and may snag any dredging relief for Landa Lake channels?
The culprit is on the endangered species list with the Texas Parks and Wildlife Commission, and goes by the name “Fountain Darter” — Comal County’s own version of the ‘snail darter’ controversy which brewed over the Tellico Dam Project in Tennessee in the early 1970s.
“The city manager thought I was pulling his leg, when I told him about the little fish,” Parks Director Court Thieleman said. But
City Manager E.N. Delashmutt isn t laughing anymore. And neither is the Corps of Engineers in Fort Worth.
City officials first learned of the darter’s existence in a letter from the Corps, Thieleman told Parks Advisory Board members Monday night. “The letter said ‘forget it. There’s no way we’ll let you lower the lake.’ It was the total opposite of one we got from the Greater Blanco River Authority, saying ‘it’s a wonderful idea, go for it, the city should be commended for its efforts.’”
Thieleman added no response has come from three other agencies sent project descriptions of the proposed dredging efforts, coordinated with a New Braunfels Utilities
repair project Jan. IO. Those agencies include the Lower Colorado River Authority, the Texas Parks and Wildlife Department and the General Land Office.
Originally, the city had plans to begin dredging the main spring area of luanda I^ake (between the main part of Landa Park and the peninsula with the circular drive), and the springs area in the vicinity of the park gazebo, one or two days after Jan. IO. On that date, the Utilities had plans to begin lowering the water level of Landa Lake some 40-48 inches, to repair some intake grates at the upper millrace.
With the discovery of the fountain darter, those plans have gone upstream, so to speak.
at least for the next couple of days. “We're supposed to have a final decision from the Corps in the next day or two, based on the field investigation of two visitors Monday,” Thieleman said. “They were taken out into the middle of the lake, shown how much vegetation was there, and where we wanted to dredge in the channels.
“We’re hoping from the visit they will decide there is more water in the lake than they thought, or that there’s enough vegetation there for the darters to hide while the level’s down.”
At best, Thieleman said, “they could decide what we want to do isn’t a big deal, and let us do it. At worst, they could make us fund a
biological study of the lake before any dredging takes place.”
Where did the fountain darters come from? “The way I understand it, they were historically here ever since the springs have existed,” Thieleman explained. “They became extinct during the drought some 30 years ago, and were reintroduced to the lake by the aquatic biology department at Southwest Texas State University in 1975.”
The very existence of the fish in I .anda I .ake came as a complete surprise to city officials, Thieleman added. “There is no record anywhere of authorization from either the parks board or the cit. council to do what SWT did.”
New LU-L Braunfels
New Braunfels. Texas
Vol. 92 - No. 2
TUESDAY January 4, 1983 25 cents
Looking back on '82
Bush visit highlighted Chamber year
by JACQUELINE SMITH Staff writer
Among other things, 1982 will be known as the year George Bush, vice president of the United States, came to New Braunfels.
The organization most responsible for bringing him here was the New Braunfels Chamber of Commerce, which had a pretty good year in 1982.
Bush came to town to accept the "Texan of the Year Award” last March at the 16th annual legislative Conference, co-sponsored by the local and Texas State Chamber of Commerce.
I .ast year’s legislative Conference “broke all records” according to the Chamber, in terms of attendance and local, state and national media coverage.
Former attorney leon Jaworski, who died recently, was credited for much of the conference’s success since he played a major role in convincing Bush to attend. Jaworski had for many years
chaired the conference’s advisory committee.
Although probably the best publicized, Bush’s visit was but one of many achievements claimed by the Chamber during 1982.
In terms of the Chamber’s physical growth, Chamber officials saw a dream come true in 1982 — the completion of Honors Hall, an audio visual conference center.
Although in the planning stages for the last few years, groundbreaking ceremonies were not held until September, 1981 for the complex, which is located behind existing Chamber offices.
To pay for Honors Hall construction, Chamber directors solicited contributions from the community which came through for the project to the tune of $145,000. The Chamber itself picked up the remaining costs of approximately $50,000.
Construction was completed shortly before Thanksgiving when the building, named after the
See CHAMBER, Rage 12
Court cases offered bizarre twists
Second of two parts
In June of 1982, then-County Court-at-I.aw Judge D.H. Buchanan was back in the news over a seemingly ordinary driving while intoxicated case. But complications set in over the judge’s firm refusal to hear the case.
And Buchanan’s reason for transferring the case to district court was just as deceivingly simple: “I’m not going to hear this one because of all the flak I received in the first case.” County Attorney Bill Reinter then took the opportunity to publicly state, “refusing to hear a case because of possible controversy is not one of many good reasons why a judge can disqualify himself, according to the Texas Code of Criminal Procedure.”
The defendant in both cases was Ronald E. Waxier. His initial appearance in Buchanan’s court was based on a 1979 driving while intoxicated case, involving an auto-motorcycle collision which killed Gregory Dean Fox, 15, and injured John McEachern, 13. Waxier was charged with in
New Bulverde towns face defeat at polls
By DYANNEFRY Staff writer
The incorporation of Bulverde may be a dead issue.
Certainly, there were more people against than for it at Monday's town meeting. Even the group that launched the idea has weakened its stance, thinking it might be best to do some more homework before setting up a municipal government.
The election is still on for Jan. 15. The committee that set it up can’t find any legal way to call it off.
“We recommend that you go to the polls and vote no,'” l.arry I^auren-dme told a standing-room only crowd at the community center Monday night.
Residents of two proposed villages, Bulverde and North Bulverde, will be asked to vote on Jan. 15. Maps have been posted ai various place* in the community. People who live on the “Bulverde” map will vote at Peace Justice Fred Stewart’s office. “North Bulverde” residents will vote at Jahnsen’s Party House across from the Bulverde Baptist Church.
As Iaurendine understands the law, if the issue gets voted down. it can't come up again for a year. That should give the townspeople tune to gather solid information on incorporation and decide whether this is really the best way to handle the rural com
Iaurendine thinks incorporation is an issue they’ll have to face sooner or later, but he's apparently in the minority. The bulk of Monday’s crowd would probably agree with Jarratt Monahan, who said, “I think they ought to forget it.”
“There’s no legitimate reason to do it.” said Monahan, lingering behind the departing crowd. “There s a lack of education here. We need to get the people educated.”
The people advocating incorporation admitted their ignorance. Iaurendine and three committee members, in trying to untangle the rules governing genera 1-law cities, have received conflicting data from different sources. Attorney Erie Moerbe tried to moderate the discussion and answer questions, after warning everyone that inuntiipal law was not his f ield.
The most knowledgeable persons at the meeting spoke last, or not at all.
After everyone else had said his piece, rancher Ferd Wirth introduced San Antonio Planning Director Roland Lozano. If Bulverde were in danger of being annexed by San Antonio, that might bt* a reason to incorporate. But Lozano didn’t think residents needed to worry about that. “I don’t really see it in my
See BULVERDE. Page 12
IMobile home plans generated talks
Talks of setting up a city government in Bulverde were sparked by rumors of a mobile home subdivision going in just north of the spraw ling rural community.
Accounts indicated that a tract of land would be divided into 800 half-acre lots. A group of citizens, concerned about what this development might do to the water supply, met at Jahnsen’s Party-House to consider w hat could be done.
The first meeting was held the week before Thanksgiving, said I.arry l^urendme. The idea of incorporation as a possible solution didn t come up until later.
The original committee included at least IO people, but Iaurendine said it had “dwindled down’ by Monday night He named four people: himself, Randy Walt-on, Charlie Kuhn and George Severance. Jarratt Monahan, who was in on the first meeting but strongly opposed incorporation, said only three people were involved in drawing up the maps for the proposed villages of Bulverde and North Bulverde.
The committee decided on two villages because Texas municipal law limits the size of a newly-incorporated city to two square miles. The maps were drawn to take in most of Bulverde Estates, Bulverde Hills and Bulverde Oaks. The plan was to annex the area in between and consolidate the governments at some future time.
See ORIGIN. Page 12Inside
voluntary manslaughter and driving while intoxicated, but only the DWI charge stuck.
On April 24, 1980, Buchanan fined Waxier $500, sentenced him to 60 days in jail, and reportedly placed him on straight probation for two years in open court. However, county court records and probation office files read “deferred adjudication probation,” and on Oct. 14, 1981, Buchanan ordered Waxler’s probation terminated.
It didn’t take long for Waxier to run into DWI trouble again. On March 27,1982, he was involved in a two-ear accident on FM 1102, in which a San Marcos man, liis wife and five-year-old daughter escaped serious injury.
Because the deferred probation wiped Waxler’s record clean, he couldn’t be charged with felony DWI, subsequent offense, in the 1982 accident. Buchanan refused to judge Waxier a second time, and on Sept. 20, Waxler’s case made it to district court. There, presiding judge Charles Ramsay
See COURTS, Page 12Today's Weather
Comal County forecast calls for partly cloudy and cool today, turning colder tonight, and a little warmer Wednesday. Winds w ill be northerly at 5-10 mph today, and easterly at 5-10 mph tonight. Sunset will be at 5:45 p.m., and sunrise Wednesday will be at 7:27 a.m.Cowboys crash
When the other team has to win and the Dallas Cowboys don’t, the outcome is predictable. Monday the Minnesota Vikings rallied to beat Dallas, 31-27, and win a home-field advantage in the first round of the NFC “Super Bowl tournament.” See Sports. Page 6Girls' Hoop
District play began in earnest Monday night, and a pair of local girls’ basketball teams went one up and one down The New Braunfels Unicorns outplayed Gonzales for a win at home, while the Canyon Cougarettes took a tough road loss in overtime. See Page 5Unfinished Business
The 98th United States Congress convened Monday, and the first order of business was to decide what would be the first order of business. There were many things left undone from last session, but Congressional leaders agree that the economy and unemployment is priority No. I. See Page 7.
DEAR ABBY.................. 3
Gramm to go GOP, Dallas paper reports
WASHINGTON <AP) - Rep. Phil Gramm, who was dropped from the House Budget Committee by Democratic leaders, is planning to resign his seat and run as a Republican in a special election, according to a published report.
The Dallas Times Herald, in today’s editions, quoted several sources close to Gramm as saying that the College Station congressman has been considering the option for several weeks and has laid plans for informing key supporters of his intentions.
The newspaper reported that one source said that Gramm justified the move by saying: “My old mammy said if you’re elected as a Democrat, you should serve as a Democrat I don’t want to be a Democrat, so 1 11 go
back and run as a Republican."
Gramm refused to discuss his plans further, the newspaper reported. say ing. “I have looked at many options, but I have not made a final decision.”
The Steering and Policy Committee voted 26-4 on Monday against giving Gramm another term on the Budget Committee. Gramm said lie would return to his district and that he expected to announce by Wednesday his decision on w hether to sw itch parties.
Earlier in the day, Gramm, a slender former professor of economics, sipped coffee behind a desk adorned with the American and Texas flags and acknowledged that
See GRAMM, Page 12
Cause of Canyon Lake fire still a mystery to officials
The cause of a fire which destroy ed a three-bedroom Canyon I .ake house New Year’s Eve has not, and probably will not be determined Canyon l.ake Fire Department Chief J.T. Greenfield said Monday. “We couldn’t determine any thing that night. We have no idea what caused it There was nothing left to investigate when we got there.”
The house, off Cranes Mill Road across from the 7-11 Ranch, was “a total loss” when firefighters arrived, a department spokesman said. The distress call came in around 11:30 p.m. Friday.
Ow ner Tillie Cates, a Canyon I .ake resident since the early 1970s, and her granddaughter Cathy Parsons were celebrating at a New Year’s party at
the lake w hen the tire occurred.
The people at the lake have been so nice to us,” Parsons said Monday. “The man at the Maricopa Lodge in Sattler let us stay there free Friday night, and we stayed at a weekend house my parents have near ^Vernia Saturday night.
“My grandmother said we were going to be gypsies for awhile,” Parsons said, with a chuckle.
When asked about the fire’s cause, Parsons said, “The fire department people asked me several times about the fireplace, but there weren’t even any coals in there. And we’ve got some of those glass doors in front of it, and tile in front of that.
See FIRE, Page 12GI Joes
With all the electronic toys which appeared under the Christmas tree this year; it's refreshing to see that some things haven't changed much. Jason Lopez, 8, and nine
Stuff photo by Cmdv Richardson
year old colleague Eusebio Perez play with non computerized soldiers in a pile of dirt. Both confided that they prefer cowboys and Indians, though.