New Braunfels Herald Zeitung (Newspaper) - June 18, 1993, New Braunfels, Texas
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New Braunfels16 Pages in one section ■ June 18,1993Herald -Zeitung593 Serving Comal County ■ Home of John Gonzales
Vol. 141, No. 151
The New Braunfels Herald-Zeitung sends birthday wishes to Dave DuVall, Charlene Seyferth, Lisa Golding, Hilmar Flugrath (Saturday), Juan Jose Alvarez (Saturday).
Traffic light repair continues
The City of New Braunfels is upgrading the traffic light controllers on the following intersections: San Antonio-Castell, Coll-Castell, Union-San Antonio, Union-Common.
Due to circumstances beyond the city's control, the repair work has been extended. Stop signs will control traffic at those intersections until work is complete on Monday, June 21.
Tennis Assoc, plans mixer
The New Braunfels Tennis Association will hold a member-only mixed doubles mixer Saturday, June 26 at John New-combe’s Tennis Ranch at I p.m.
This event will be A, B, and C divisions. Enter individually
Pairings will be made as part of the format. Pairings will rotate within each division. Entry deadline is Wednesday, June 23. To enter or for more information, call Suzanne at 629-3737, Cyndi at 6206646, * or Beverly at 629-4358.
Artistic Outreach planned for Saturday
An Artistic Outreach is planned for Saturday, June 19 from 9:30 am. to I pm. in the Aits Center, located at 646 Walnut Square.
The event is sponsored by the New Braunfels Art League and will include mini-workshops with pastels (Betty Clair), watercolor (Pat Deltz), and stained glass by Elaine Felder.
The outreach is open to all from ages 12 and up and is free of charge.
Participants may take home their creations.Rod Cross offers first ald classes at McKenna
The American Red Cross will have a standard first aid class June 21 and June 23 from 6 to IO p.m. at the McKenna Hospital Garza Street classroom.
The course teaches first aid and adult CPR. The cost is $27. For more information, call 620-1999.
(The New Braunfels Herald-Zeitung invites its readers to submit items to Stammtisch. According to the Sophienburg Archives and members cf the German community,
"Stammtisch" represents a sitting place for members cf a community to gather and share the day's happenings. We invite you to share with us.)
Judge says Goodbread is ‘’in’
By GARY P. CARROLL News Editor
Herat&Z&tung photo by JOHN HUSETH
New Braunfels amargancy paraonnai respond**! to an acckfent at Ut* confer of Casten and Business 35 yesterday at approximately 12:20 pjn. Emergency atafter Roger Brtnkkoeter (right) helps 29-year-okl Linda Lianas of New Braunfels from her vehicle. Lianas was taken lo McKenna Hospital where she was treated and released, a second person was injured, a 16-yesr old Kaw Braunfels woman, and was treated and relseaad sa well.
Mayor says its time to get back to business
By GABY P. CARROLL Nows Editor
Judge Bob Dehoney ruled Thursday that any legal attempt to prohibit Councilman James Goodbread from serving as a holdover candidate would have to be filed with the court as a quo warranto action through a state attorney.
Dahoney dismissed the case on that point of law which doesn't prevent Goodbread from serving as a holdover candidate; but does not guarantee him holdover status. The possibility still exists that an injunction could be obtained through an office of a state attorney.
“No one has approached my office regarding this issue,** said Comal County District Attorney Bill Refiner. “If 9ome one did come to my office seeking an injunction, I don't feel I could go along with sim
ply because I feel that Judge Dahoney has spoken, and the electorate has spoken quite clearly.
"The county attorney has gotten involved in it, but I'm staying out of it — it’s my job to prosecute criminals and that’s what I do,” Refiner said.
County Attorney Nathan Rheinlander said he would not personally argue a case on this issue, but said if such a case brought to him is backed up with good case law then he feels the courts should have a chance lo see it “It would still be my position that it is not my job to deny people access to the courts," Rheinlander said.
Attorney for Dan Bremer and Ambrosio "Butch” Benitez said that he would not pressure his clients to pursue any further legal action bul would represent them if they so desired Bremer said he could not say what his plans were until he reviewed his options.
“I was a little disappointed that we didn’t come out
on top, and I was really hoping the judge would put the issue to rest,” Bremer said. "I don’t really know where we go from.” Benitez could not be reached for comment.
Mayor Rudy Seidel and Councilman Chris Bowers said they were pleased with the outcome, and both expressed a desire to get hack to conducting city business.
"I’m very pleased,” Seidel said. “I don’t think the judge haft any other choice. Now it’s time to get huck to city business."
Councilwoman Jan Kennady said she, loo, was ready to return to conducing the business of New Braunfels.
“All I want to do is get on with city business, and I think we’re moving forward — we’re on our way,” Kennady said.
An attempt by New Braunfels City Councilmembers Ambrosio "Butch” Benitez and Dan Bremer to enjoin Councilman James Goodbread from serving as a holdover candidate failed.
Judge Bob Dahoney ruled in a Thursday hearing that the plaintiffs could not bring such action against Goodbread, and the temporary restraining order issued Monday was thereby dissolved.
Goodbread saki he was very pleased with the ruling and that he was ready to get on with business.
“All I really want lo do is serve in the capacity of councilman-at-large and represent the people that elected mc,** Goodbread said. "That’s all I’ve ever asked for and that’s all I expect.”
During the hearing. Ken Brazle, attorney for Benitez and Bremer, told the court that the facts were indisputable and only one question need be answered by the court
“They (Benne/, and Bremer) simply must know if James Goodbread is qualified to serve as a councilman ber in a holdover capacity,” BrazJe said.
Brazle argued that the May I voter approval of a chatter amendment limiting the terms of cowcilmcmbers precluded any legal hold Goodbread had on his recent re-election to a fourth term on council. Continuing, he said that Benitez and Bremer sought the injunction in the interest of their official capacity as councilmembers in order to prohibit Goodbread bom pm taking in council action that could be nullified in the future due to his unqualified status.
Brazle argued a Tennessee case tim* required a holdover candidate must represent an identifiable arca. Since Goodbread was an at-large councilman, Brazle said there was no way to determine which at-large seat Goodbread occupied, thus it would be impossible to identify which at-large candidate should serve as the holdover.
Currently, Texas has no specific laws dealing with holdover candidates.
Atanacio Campos, attorney for Goodbread, argued that Benitez and Bremer filed the action because it was the only way to re address the issue of Goodbread serving on council prior to the Aug. 3 mal set to determine if Goodbread can take the oath of office for his fourth term.
"The holdover issue is now a way to circumvent the quo warranto appeal,” Campos said. ‘This is totally contrary to what Texas law is all about.. . and I have yet to see this as a properly filed action."
Judge Dahoney concurred and said thai injunctive relief, such as was tieing sought by Benitez and Bremer, mast be filed as a quo warranto acuon by counsel for the State of Texas.
GBRA to consider ending 20-year tenure of manager
By BOB THAXTON Spacial to th* Harakl-Zattung
Guadalupe-Bianco River Authority director! have scheduled a special
meeting at IO am. Tuesday. June 22. during which the board will consider the dismissal of General Manager
John H. Specht who has been the authority's chief executive for almost 20 years.
Directors reviewed a proposed draft of the agenda for Tuesday's spe
cial meeting shortly before adjourn
ing their regular monthly meeting which lasted for almost five hours
Thursday at GBRA headquarters in Seguin.
The board had planned to discuss
Open Meetings Act
Assistant Attorney General Diane W. Morris told the board that her office initially was contacted by a newly appointed GBRA board member, Olga Lira of New Braunfels. "She reported that the has received phone calls at night threatening her," Moms said.
Lara said her family also had been the target of threats. “Their question to me was: Did I know where my son wu?" She said police were contacted about the calls, and the telephone company had placed a trap on her phone in an effort to determine where the calls were coming from
and possibly take action regarding Specht's employment status on
Thursday, but the discussion was postponed after lawyers from the state attorney general'! office advised that some items in GBRA's
“She doesn't even know who she's irritated," Morris said, adding that the callers seemed to be misinformed about Lara's having requested that an item be placed on Thursday's agenda regarding a discussion about the dudes of
dudes of the general manager. “I understood her inquiry to be simply what does an agency employee do," Morris said.
WORD board requests opinion from Attorney General on taxing boat club
By ROBERT STEWART Special to the Hera Id-Zeltung
SATTLER—The board of the Water Oriented Recreation District (WORD) voted Thursday to request an Attorney General's opinion on whether Nautical Toys Boat Club. Inc. is required to pay WORD taxes.
Nautical Toys is a chih in which members pay a membership fee and then a monthly fee for use of various bouts and water recreation equipment on Canyon Lake.
Guy Anderson, WORD board president, said thai WORD taxes will be collected from the business and placed in escrow until a the AG legal opinion is received, lf die opinion says that WORD should get the taxes it will be transferred to the district’s general fund Otherwise, the money will be returned to Nautical Toys for refund to their members.
Anderson said the escrow arrangement is to avoid a situation sun liar to one with marinas where a bourd in the past wrongly said the marinas were not subject to WORD taxation but the Attorney General said they were. Litigation is still pending in those matters.
The board also granted a new revenue permit to the owners of Lake view Lodge. A new permit was required because of a change in own-endup due lo inheritance. Batara Jarrell, one of the six current partners, said that they have tried to comply with WORD'S requirements lo obtain a new permit but had been confronted with bad communication and telephone harassment as well as threats to shut down the lodging business in Canyon Lake Hills. WORD Manager Jim Inman acknowledged that Lakeview Lodge had maintained quarterly payments of WORD fees
throughout the application process.
"This verbal abuse that we’re receiving by telephone has got to stop,” Jarrell said “All correspondence must be in writing to our attorney from now on.”
In other business the board:
■ Voted to extend a 30-day temporary permit to Kim bo’s outfitters, whoue revenue permit had been suspended because of non-payment of back-taxcs, if a promised payment was received by 5 pm. Friday. Inman said the board had accepted a payment schedule for back taxes last month as proposed by Kim bo’s but that no payments had been mad* as proposed If a payment is not received Friday, 7-day permits will be granted each week pending payment to WORD each Monday.
■ Elected new board member Paul Rich as vice president of the WORD board Dimire Hisler is secretary.For news, subscription or advertising information, call 625-91