New Braunfels Herald Zeitung (Newspaper) - June 2, 1987, New Braunfels, Texas
Rainfall totals, Page 2 / Lakers don't take Bostor.
New Braunfels, Texas
June 2, 1987 25 Cents
One Section, 12 Pages
Vol. 134, No. 107
Because of the rain, Boy Scout Troop 747 had to cancel the first annual rummage sale and reschedule if for June 5 and 6 The Scouts had such a great response they have had to schedule th** sale on two days at JBO s. Santa Clara
Proceeds from the sale will help >end the boys to scout summer camp and purchase needed equipment Scouts will continue to accept donations this week ('all Mrs. Hyden at 825 0335 or Mrs Ham at >525 H» in to have donations picked up
Me rn tiers of tie ops and Robbers Benefit Softball Tournament the a1' or d annual have finally decided to wait until th** monsoon season s over to reschedule their game The tournament aas been postponed 'uh •• aire aly be< awe of the rain and is now set for Aug. 29.
Says Department of Public Safety ! looper Jim Shea “The members of the Cops and Robbers Benefit Softball Tournament would like to thank ill the people for their supine and a big thanks to the local businesses who donated large and small As you know we had our benefit ' tined out not once but twice However, we the officers and volunteers of the Cops and Robbers benefit, think the Emergency ( hildren’s shelter is of such a necessity for the community, we will once again try to have the tour nan tent it the end ot the summer. Aug. 29.
All Blue and White tickets will be good. so hang on to those tickets. A special thanks to Herald^Zettung and KC,NM for your recognitition of mr lienefit . “
SA attorney claims no knowledge about illegal subdivisions
By JIM WE BR P Staff Writer
San Antonio attorney Pat vlaloney says he “had no idea’ a man to whom he loaned money used the funds to develop an illegal ubdivi-sion in ( oma! County
A story in Sunday’s Hernld/eftung quoted a resident of Lazy Diamond Ranchettes subdivision is saying Texa^ Attorney General's offi e told him a judgment against Malone) might be possible but such a udge ment would do nothing about -cad repairs he and other residents say they were promised by developer Jim Ashley
Maloney says his relationship with Ashley began several years igo when he represented Ashley in a civil suit that resulted in the first Si million damage award in San antonio negation historv
Ominous water-filled Hill Country clouds are continuing to greet area residents as flash flood warnings remain in effect prompting law
enforcement officials to erect barricades are
various low-lving areas (Photo ny I eslie Kriewaldti.
Spring rains breaking records
Hie) are going to do it but they till need your help New Braunfels Jaycees are raising money for a Fourth of July fireworks show in I.anda Park because funding from tho city has dried up Xeeording to fund drive chairman Tarn Corbin. “New Braunfels will have i Fourth of July fireworks celebration tor 1987 We have made arrangements with a new fireworks company that will do a minimum show tor $5,000 Unfortunately. most ol tile Sa IMM) will go for insurance aud labor We still need the citizens ii New Braunfels and comal County to support our fund drive if we can receive any more money over . one it will be spent on improving the show md New Braunfels will have the Fourth of Juy celebration it deserves.
Once again, we will have a fireworks show, but the size of the slMM depends on the people of our area
Thanks for the tremendous sup port from the Herald and Hie 62 poisons and companies that have already contributed to the Save the Fireworkds fund drive....”
New Braunfels Noon Lions Club last month adopted a resolution in support ol the New Braunteis Police Department’s Crime Control Plan. The resolution calls for the “citizens of this community to seek out ways to promote and assist in prevention of ail crimes.“
Says the resolution, in part. “Whereas, a local crime control plan has been introduced by the Chief ut Police which will create a safe city commission by uniting individual citizens from the Ministerial Alliance, the Medical Society, governmental units, schools, businesses, and civic organizations in a concentrated effort to curtail crime the mission of the safe city commission is to provide a safer city by identifying specific criminal activity and seek viable solutions or city wide goals and programs to reduce crime in cooperation with neighborhood com mittees . the New Braunfels Noon Lions Club desire to support such a crime control plan ...”
May s rainfall in Comal County didn't set any records for the wettest on record, but then again it sure didn’t set any records for the driest month either According to meteorological gathering .sources in New Braunfels May’s rainfall amount here totaled •USS inches. More than two inches fell on both May 16 and May 31
The record rainfall in May is more than 15 inches and that lei! sot:
New Braunfels Utilities engineer Bill Tope said be didn t think It st May s rainfall amount of a 81 inehe would be broken so soon But here we are.” he said adding that June appears to be. taking up where Jav left off . ’
Showers today falling on .dread)
saturated >oiis forced the closings this morning of several streets m low l> mg areas including Live Oak Street and Wald Road. Tile forecast for the New Braunfels area was coling for a fietler-than ♦*ven chance of showers *o « tnfinue hi*, dfernoon md tonight
see RAIN, Page 2
Maloney said he loaned money to Ashley money be says wa^ used n the development of tile subdivision county officials say was Teated without adherence to existing count) subdivision r egulations County Attorney Bill Reimer now is rehashing complaints against several developers of such subdivision' some of which Reimer ays are not actionable because of grandfathering’ provisions lh* says he will not prosecute some others because these developer have acted in good faith or out of 'im pie ignorance of the law Reimer equated his feelings on Mime illegal subdivisions as 'a ques lion of whether it is morally rigid ’o go after ’hem -mce ’hey thought !he\ had complied based on contact with
county officials who n*> longer hold
reation of a subdivision without proper plat tilings and legal descriptor,. m ("Tie cases has left people holding deeds to property that cannot be old or hav«* meant the purchasers if such property have no legal deed at ill Among subdivisions considered illegal according to county provisions are ary Diamond Ranchettes Ashley Ranch Guadalupe Hills Tom i reek Acres Bulverde Ranches Buckhorn Ranch Devil's RacktKine and Parkland Estates Charles Bernier and Margaret Maynard say they were promised road improvements by Ashley, Improvements that were never forthcoming They say the property was presented to them as legally subdivided lots Maynard bought her proper* % in 1978 and when she moved there in 1984 no road improvement was evident “I’m looking into the road situation I want those people to have road' J the\ are supposed to," Malone;* >airi adding Ashley's enterprises to date have cost him more than $2 million For Comal County’s road department to be able to repair roads such rural subdivision roads are required to be built according to count) Man thirds pertaining to width urface condition drayage amenities and other design specifications County Engineer Mat McCoy >aid if developer' or residents .vin bring uch ubdivision trails and roads up to standards the count) will main lain them A shies has gone oankrupt and
See ILLEGAL Page 3
Ag-exemption denial leads to CAD lawsuit
Denial by Comal County Central Appraisal District and its Appraisal Review Board to give an agricultural exemption to slightly more than 89 acres of undeveloped land in southern Comal County has spurred a lawsuit in state district court here Southwestern Realty Management and Government Employees Credit I mon, both otticed in San Antonio filed the suit May 28 against the appraisal district and its review board seeking a court ruling on the exemption request.
The suit asks that the court rule favorably on tile request, fix and determine its appraised value and seeks court costs, attorney tees, the removal or reduction of tax liens placed on the property and what the petition calls 'equitable re!lei ’'
The suit has been filed based on taxes owed for tin* 1986 calendar year
The 89 48 acres in question, up praised by Hie district at $1,693 million, are near Interstate is and Solins Road close to the Snake Farm The acreage qualifies as “Qualified )pen Land Space” as determined by the appraisal district.
We denied them an agricultural exemption last year,” said Chief Ap praiser Richard Rhodes “You will probably begin to see a lot of these because we have denied about eight or nine ot these type of requests.’’ Rhodes said the property in question is undeveloped.
"We denied them an aqricultural exemption last year. You will probably beqm to see a lot of these because we have denied about mqht or nine of these type ot re quests."
CAD Chief Appraiser Richard Rhodes
According to Rhodes, who aid sax liens have been placed on the proper ty. Southwestern Realty Manage ment originally owned the iroperty but had it foreclosed on by (i Et ’I He said the former owners claimed the land was used to cut and bail bai on, but they were unable to produce prooi ot the ir cl aim.
Murder indictment quashed because of mistake in name
Bv DAVID MAY Stall Vt ter
A Can von Lake .oman accused of hooting her iioyfi tend during a 1985 domestic argument will have to be re indicted later this month. The original indict ment was quashed in district court Monday Judge Robert T ''fueller had little choice in granting the motion to uuash the ndictinent of Jannione Childre Rust because it gave he victim’s name incorrect! >
Tile motion was made by detense attorney Ronald Zipp and was heard in the 207th state
District Court Tho ease had (teen before the court to Im* gin -.election uf a jury Rust 47 is charged with se cond degree murder in the Sept 20 1485 -hooting death of George Gaylord Gray. 45 Gray was shot once in the abdomen by a ut caliber 'nub nose revolver at a Canyon Lake residence The indictment rendered in October that year. lists the \ icbm as Gary Gaylord Dis!)let Attorney assistant Nancy I'liken - said today a ie-indietment will tit* sought when tile grand jury convenes June to Gray. who had a high blood alcohol level at the time of his
death according *o un , utop<\ seport by Travi' County medical examiners, was shot in the lower abdomen lit was dead at *he scene
Rust was 'rea?**d at the scene of ’he shooting by EMS personnel for what one of the investigating officer^ called, blue marks ane, brin -es al) over her body X previous request to I educt the i harge to voluntary manslaughter and waive jury trial was rejected last year by District Attorney William Schroeder
The woman who v as arrested the day following the shooting, remains tree or a $50."OO tv md
Blanco man's death ruled drowning
The suit seeks a revised apparaisal under Chapter 23 Subsection 1) of the tax code and Mates Therefore the District’s and ARB’s \alue exceed* the properties lawful appraised value by an unconscionable amount and is therefore excessive and unlawful. ’
Also claimed in the petition is ’hat the plaintiffs have exhausted ail administrative remedies „nd have met ail jurisdictional prerequisites to this appeal.”
A Blanco man drowned in the Guadalupe River Saturday just south of Spring Branch alter his pickup truck left a highway, rolled down an embankment and ejected him into the i iver.
Joseph Karl Johnson 19 a United States Navy enlistee, was pronounced dead shortly after ii a m. by Precinct 4 Justice ot the Peace Howard Smith atter the accident had been discovered by a C amal County sheriff’s deputy Smith requested an autopsy by Travis Countv medical examine! -. who have i ated the death a drowning According to the report of a Texas Department of Public Safety Trooper, Johnson’s 1978 Ford truck was northbound on U s, 281 about I 5 miles south of Spring
Brainnch when it struck a guardrail over the Guadalupe River, became airborne and bu the right side ot the grassy river embankment
The truck then rolled into the I iver. electing Johnson lr the process. The truck landed uprigtd in the I iver
The exact time of the accident is unknown, but it •* believed to have occurred between 2:30 . rn and IO: u a m . the times in which the man w as last seen
The DPS report stated that it may have t een raining ut the time of the accident and said the man may have faller asleep at the wheel or was possibly under the influence* of alcohol
Board to review proposed budget
New Braunteis ISD’s trustees will get a glimpse today at a dratt of the school district’s proposed budget for 1987 88, But NBISD’s finance director said that budget is far from com plete
New Braunfels ISD
J The Menu
I DEAR ABBY
“I’ve got the first draft. Whatever (the trustees) want changed. I’m go ing to go back and change.” said leonine Curtis, finance director
creases and titl ing new teacher? to meet state mandates laid down by House Bill 72.
The proposed budget, set at $15.52 million, represents a 3.19 percent increase over the 1986-87 budget. The bulk of the $479,UUU increase, Curtis said, will go for teacher salary in
fill 72 set a 22 to I Mudent lo leadier ratio for low grades Two new kindergarten teachers and a new second grade teacher will tie hired for the coming year to help the
district stay within stat* guidelines, Curtis said Tuesday’s meeting is a study aes sion, meaning Hie board will not take action on discussions The meeting begins at 7:30 p in at The Education Center at 430 W. Mill st Budget review is the only item to be considered.
Autopsy ordered on body found in Guadalupe River
An autopsy has been ordered to determine the cause of death of a 25-year old woman pulled from the Guadalupe River Monday night.
The woman’s identity has been confireind as Sherri Baker her address was not included in the Comal County sheriff s press release of the incident Sheriff’s investigator Detective Danny Koepp was not available for fur
ther details this morning.
Authorities recovered the woman s body at the fourth river crossing on River Road at approximately 8p m She w-as pronounced dead at McKenna Memorial Hospital snortiy atterw ard by doc tors and Precinct I Justice of the Peace Harold Krueger
Krueger has requested Travis County medical examiners per form the autopsy on the woman