New Braunfels Herald Zeitung (Newspaper) - May 11, 1993, New Braunfels, Texas
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Serving Comal County • Home of Christine Douglas 50 Cents Daily, 75 Cents Sunday
Tuesday, May 11,1993
Vol. 141, NO. 124
Winning Ruder Anthony Savage of Austin rides a wave during the Schlittertoahn Flowrider Amateur Bodyboarding Championship, held Saturday and Sunday at the local water park. More than 20 professional sudors from as far away as Hawaii and Australia will pe at the water park for the Flowrider World Bodyboarding Championships on May 22 and 23. Photo by Karla Wenzel.Goodbread blocked by injunction
Lawsuit charges candidate’s fourth term violates city charter
By GARY P. CARROLL Herakj’Zaltung
New Braunfels City Councilman James Goodbread entered the council chambers Monday to a standing ovation from dozens of citizens voicing their support following an injunction prevented him from taking office for his fourth term.
Attorney John Chunn, representing Peter Lingamfelter of New Braunfels, requested Comal County Attorney Nathan Rhein-lander file a restraining order against Goodbread following the adoption by voters of a charter amendment on May I limiting to three the number of terms council members could serve.
Lingamfelter said the language of the amendment was clear, and the council had a duty to uphold the law.
“By allowing (Goodbread to serve a fourth term), they are not
fulfilling the will of the people — or someone isn’t, whoever they are,” Lingamfelter said.
Chunn said the amendment specifically includes all current and future council members.
However, City Attorney Barry Moore said the intent of the amendment as suggested to the council by the Charter Review Committee was not meant to include the current members.
“It would be, in effect, applying the amendment retroactively if it were to apply to council members who ran in that race” Moore said.
Moore said the charter amendment could not have an impact on candidates who ran in the same election, and felt the injunction approved by Judge Ralph Caton would be overturned during the scheduled May 18 hearing.
Since they were named in the lawsuit, Moore told council members a response needed to be filed.
An emergency meeting on the matter is scheduled for 6:30 p.m. Wednesday, May 18 to allow Moore to prepare sufficient information for the council to formulate a response.
Mayor Pro-tem Ambrosio “Butch” Benitez presided over the meeting following the tabling of the mayoral selection process pending the outcome of the May 18 hearing.
Attorney says case is ‘ arguable ’
By GARY P. CARROLL Herald-Zaitung
Comal County Attorney Nathan Rheinlander filed a “quo warranto” action against New Braunfels City Councilman James Goodbread, the New Braunfels City Council, and the city staff in the 22nd District Court Monday, prohibiting Goodbread from taking the oath of office for his fourth council term.
The restraining order, requested by attorney John Chunn at the request of New Braunfels resident Peter Lingamfelter, alleges Goodbread is ineligible to serve on the council under the newly approved term limitation amendment to the New Braunfels City Charter.
Acting on behalf of the State of Texas, Rheinlander approved Chunn’s request for the restraining action against the city council, city staff and Goodbread.
“On its face, it presents an arguable case,” Rheinlander said. “I’m sure what they want to try to do, for whatever reasons, is to keep the city council from swearing (Goodbread) in tonight.”
The suit alleges that by serving a fourth term, Goodbread would be violating a charter amendment passed by voters May I, prohibiting a person from serving more than three total terms on the council — two back-to-back.
Goodbread said no laws are usually retroactive and this was to be his last term.
“I spoke with the city attorney and discussed this with him before I filed,” Goodbread said. “Would I have filed had I known this would be the outcome? The answer is no.”
Retired State District Judge Ralph Caton approved the restraining order, and said the case had legal merit based on the fact that the newly approved amendment limiting council members’ terms was not grandfathered to exclude current council members from having to abide by the city code.
Lingamfelter said the language of the amendment was clear and the results should be observed.
The amendment number two that I voted for, I did so because of the way it was presented on the ballot,” Lingamfelter said. “It was clearly stated on the ballot, and it’s pretty open and closed.”
Amendment TVo’s wording on the May I ballot reads the city charter is to “be amended to provide that no current or future elected official shall serve more than two (2) consecutive three (3) year terms of office and no more than three (3), three (3) year terms during a lifetime.”
The amendment passed by a vote of 3,518 for and 597 against.
“I’m pretty confused that anyone would interpret that any other way than the way myself And 3,516 other voters interpreted it,” Lingamfelter said.Precincts, polls to be combined
Councilman to await outcome
Goodbread thanks council, citizens
By ROSE MARIE EASH . Harald-Zaltung
Commissioners approved the use of the same May I precinct consolidations and polling places for the upcoming special election for U.S. Senate.
Paper ballots will be used since there is only question on the ballot.
Temporary satellite voting offices will be available for early voting in Bulverde, Canyon Lake and Garden Ridge.
In New Braunfels the courthouse will remain open after five for two weekdays and one Saturday for early voting.
Commissioners also heard a presentation on Earned Income Credits which was presented as a way for county employees who earn up to $6 an hour to afford premiums for dependent health insurance coverage.
The County Treasurer Bart Bartholomew was asked to conduct a survey of department heads and county employees to determine the merit of the proposal.
In other business, the commissioners:
• Adopted the budget schedule for the 1994 budget.
• Approved a resolution proclaiming May 9-15 as Small Business Week.
• Approved work on the Cypress Creek Bridge on Old Spring Branch Road.
• Approved ar amendment to the Animal Control Office budget to provide for specialized training expenses which will be 50 percent funded from the hot check fund.
By GARY P. CARROLL Herald-Zattung
New Braunfels City Councilman James Goodbread temporarily stepped down from the New Braunfels City Council Monday night and said he will await the outcome of a legal hearing to review the applicability of a term-limiting amendment to the City Charter before returning to the council.
Goodbread thanked the council and the citizens of New Braunfels before stepping down and said he had enjoyed serving New Braunfels.
“I’ve appreciated you, I’ve enjoyed your support, I thank you so much for supporting me in the last election in which I was apparently re-elected,” Goodbread said. “I am going to step down temporarily until the restraining order comes up on the 18th.
“Do not take that as I am stepping down (permanently), because I’m not backing down to anybody.”
Goodbread, who was emotionally moved, said the pain of being sued was soothed only by the kind words of his supporters, and said he was singled out by special interest groups as being a troublemaker because he called for accountability; a request he feels is not unreasonable.
The power structure of these special interest groups realized that a vote for me was a vote for change,” Goodbread said. This comes from the fact that I demanded accountability. I know why this is happening.”
Numerous citizens called the lawsuit against the council and
“The power structure of these special interest groups realized that a vote for me was a vote for change. This comes from the fact that I demanded accountability. I know why this is happening.”
James Goodbread city councilman
Goodbread “ridiculous,” and called for a return to mature politics and urged the city council to be more representative of the citizens and not special interests.
Other citizens voiced their concerns over questionable campaign activities, such as allegations of sign vandalization and dirty politics, and said New Braunfels’ reputation as a small, respectable community was hurt by such behavior in the recent election.
“We’re having to fight a very immature and unreasonable element out there,” said New Braunfels citizen Ted Alexander. “I think it’s a very small element,... but I think that we should all... work at diminishing this very small element that gives us all a bad name.”
Goodbread observed the proceedings from the front row of the audience while newly-elected Councilman Chris Bowers occupied Goodbread’s seat behind the council bench.
“I felt a little different,” Goodbread said.
The New Braunfels Herald Zedung invites its readers to submit items to Stammtisch. According to the Sophienburg Archives and members of the German community, “Stammtisch* represents a sitting place reserved for members of a community to gather and share the day’s happenings. See more Stammtisch on page 5.Best Wishes
The New Braunfels Herald-Zeitung sends Birthday wishes to Becky Intrau, Tracy Preiss and Hariinelore Brotze. Belated Birthday wishes go to Ronald Scheel and Michael Young. Belated anniversary wishes to go Mr. and Mrs. Sohn W. Evans Jr.
Celebrate Texas Music
The final performance of the “Celebrate Texas Music" concert series on the Main Plaza will take place at 7 p.m. Thursday, May 13. The concert will feature the festive sound of Mariachi Cardenas Ecos de Mexico. An earlier concert by the group was cancelled due to inclement weather.Guada-Coma final meeting
The last meeting of the Guada-Coma Garden Club will be at ll am. May ll in the Lands Park Arboretum. Members will meet at the covered Pavillion across the water from the parks office. Members are asked to bring a covered dish and plant for the plant exchange.
Blood driveBluntzer benefit
A blood drive to benefit New Braunfels attorney Tom Bluntzer in his fight to overcome cancer is set for Monday, May 17.
Bluntzer, who is the process of a bone marrow transplant, is at M D. Anderson Hospital in Houston, according to Debbie Williams of the Reagan, Burros, Dierksen, Lamon & Bluntzer law firm in which Bluntzer is a partner.
Thedrive will be from 2-4 p.m. in the parking lot of the law firm, 205 N. Seguin. Call 625-8026 to schedule blood donations