New Braunfels Herald Zeitung (Newspaper) - May 14, 1993, New Braunfels, Texas
Friday, May 14,1993
Serving Comal County • Home of Joann Lemmon
50 Cents Daily, 75 Cents Sunday
Vol. 141, No. 126
Council to respond to court order
By GARY P. CARROLL HerafcFZeltung
New Braunfels city officials Thursday evening authorized City Attorney Barry Moore to ask that a restraining order against the City Council be denied.
After two executive sessions, the council reconvened in regular session, and Council member Jan Kennady made a motion allowing Moore to file a formal response to the lawsuit prompting the order.
“I move that the city attorney file a response to the lawsuit, on behalf of the city expressing the legal position of the city, in his opinion, and to protect the interest of the city," Kennady said.
The motion passed unanimously.
The restraining order was Filed Monday against the council and Councilman James Goodbread, and prevents Good-bread from taking office for a fourth time due to the wording of a May I charter amendment approved by voters limiting the terms of council members.
The amendment included the phrase “no current or future official" shall serve more than a total of three terms.
Petitioner Peter Lingamfelter said the amendment should take effect immediately and Goodbread be denied his fourth term, even though Goodbread was re-elected.
According to Moore, the charter amendment is prospective in nature and does not apply to the sitting council.
“I will be expressing my viewpoints as city attorney as to what I feel the law is regarding this situation," Moore said. “My opinion is and my interpretation is that I feel the petition filed by Mr. Lingamfelter should be denied — and that is what my response will state."
Lingamfelter brought the suit to the attention of attorneys John Chunn and Troy Burch Jr.
They argue that since the voters approved term limitations as per the “clear and unambiguous wording" on the ballot, the limitations should be upheld immediately.
Chunn and Burch received approval from Comal County 'Attorney Nathan Rheinlander to go ahead with the petition, which goes before a judge on May 18.
Rheinlander, acting as an attorney for the state, approved Chunn’s request for the restraining order filed against Goodbread and the council.
“The approval of the local prosecutor for such action is required as a formality under the Civil Practices and Remedies Code," Rheinlander said.
“It is certainly not my intent in approving this action to take sides in this controversy," Rheinlander said, “but rather to allow the parties to present their case and have an appropriate court rule on the merits of their allegations."
4. KK *
A member of American Legion Post 35 instructs a Canyon Middle School student in the disposal of a retired American flag during a ceremony at the local school Thursday. Photo by Karla Wenzel.
Legion post retires 150 U.S. flags
By GARY P. CARROLL Herakl-Zeltung
What does it mean to be an American?
That was the question members of the New Braunfels American Legion Post 35 and its Ladies Auxiliary hoped the students at Canyon Middle School could answer following a Thursday morning flag retirement at the school.
Members of the CMS Honor Society presented the post with old, worn-out flags given to them by area residents, business owners and schools to be destroyed.
American Legion Post 35 Commander Leon Helmke hoped the ceremony would impress upon the students the symbolic importance of the American Flag as they were retired from service.
“Comrades ... these flags of our country have been inspected and condemned as unserviceable," Helmke said. “They have reached their present state in their proper service of tribute, memory and love. Let these faded flags of our country be retired and destroyed with respectful and honorable rights, and their places be taken by bright new flags of the same size and kind."
One by one, nearly 150 flags were laid upon the fire and burned as students, teachers, Legionnaires, and members of New Braunfels Veterans of Foreign Wars Post 11050 and the United States Daughters of 1812 looked on.
The American Legion is the only local group with a flag retirement program.
The last flag retirement performed by the post was nearly two years ago, and this year’s ceremony was the result of American legion Ladies Auxiliary Unit President Joan Helmke.
While driving by Canyon Middle School, Helmke said she noticed the school’s flag was tattered and tom. She proceeded to tell Principal Rusty Brockman it needed to be retired.
“I told him his flag needed to be retired and I thought, ‘Why don’t we do all the flags?’ so everybody can participate," Helmke said. “I think it turned out pretty good.”
Bob Erwin, commander of the American Legion District 14, said the students could see what the flag means to veterans and should mean to them.
Helmke said any residents with flags in poor condition can contact the American Legion Post and the flags would be accepted for future retirement.
By ROSE MARIE EASH Hsrsld-Zeltung
New Braunfels emergency response agencies participated in a state-mandated disaster drill Thursday, staging a train accident on Farm to Market Road 306 outside the city.
“Every year, the state dictates to us what kind of disaster scenario we can develop,” said Herb Syring, Emergency Management Coordinator for the City of New Braunfels.
“There are three types and they rotate every year. This year it was a technological or man-made disaster," Syring said.
Every five years, the state requires the city’s public, private and volunteer sectors run a full scale drill.
Syring said the drill began when a tractor-trailer truck driver was distracted on the roadway and collided with an oncoming train.
At 8:40 a.m., the New Braunfels Fire Department received a report from 911 officials that a train accident occurred at Farm to Market 306 behind Casco.
A large fire was reported at the site of the collision.
By 9 a.m., officials activated the Emergency Operations Command, having determined that an Amtrak train had hit a Midtex oil truck.
Officials said two Amtrak passenger cars had derailed and there were numerous injuries among the train’s passengers.
Throughout the rest of the morning until 11:30 a.m., the City of New Braunfels played out its reaction to the simulated disaster.
“There is a problem with communications, but every year we get a little bit better," said Syring. “The Emergency Operations Center functioned as it should — local government in emergency action. That’s civil defense and emergency management.”
In addition to the emergency
‘There is a problem with communications, but every year we get a little bit better. The Emergency Operations Center functioned as it should — local government in emergency action. That’s civil defense and emergency management.”
Herb Syring, EM coordinator
personnel in the field, Debbie Ixipez, Emergency Management Secretary, said the drill included the mayor, the city manager, assistant city manager, representatives from various utilities, and other officials who would be involved in an actual emergency situation.
The drills are performed every year, but they’re not usually at the scale of the one performed Thursday, according to officials.
A complete critique was done immediately after the drill to identify problem areas, Syring said.
The drills serve to justify better equipment.
Each year, the different groups involved improve their abilities to communicate through technology and better planning.
Syring said citizens should rely on the radio and newspaper for most of their information in emergency situations.
Media agencies are part of the emergency management team and will be given necessary information to communicate to the public.
Citizens can get more specific information from emergency management personnel in a crisis situation by calling 608-2192.
For emergency assistance, citizens should still call 911, Syring said.
Germania Farmer Verein to hold annual Anhalt Maifest
By ROSE MARIE EASH Harald-Zettung
The 118th Anhalt Maifest will be celebrated Sunday, May 16, in Anhalt.
The Germania Farmer Verein, a German farmer association hosting the event, was organized in 1875 as a mutual aid society to protect their stock from cattle rustlers.
They begin to gather together to celebrate their harvests in the spring and fall
— a tradition that has been followed for 118 years.
Dancing, the main event, starts in the early afternoon and continues until IO p.m.
— stopping early enough for everyone to get safely home in time to rest up for work on Monday.
It’s good deal, according to verein members.
“You can buy a dance ticket at I p.m. and dance ’til IO p.m. if you’ve got the energy to do it," said A. R Syamken, vice president of the verein. “And then if you get hungry, you can pay $6 and eat all you want family style. For $5 for two bands, you’re able to dance all that time."
The celebration is a combination fair, dance and family-style meal. They start serving at noon and usually run out of food by about 5 p m, so residents can enjoy the traditional pot roast, German potato salad, sauerkraut, and peaches.
The music will be provided by two bands. The first band this year will be “The New Edition," which will play traditional songs for that old time German dancing. The
band will play from I p.m. to 5 p.m.
The second band, Chris Pfeiffer and the Salty Dogs Band will play country and western music from 6 p.m. tolO p.m.
There will be an auction of donated items like an automatic deer feeder, livestock and a pipe-barbecue pit between bands and arts and crafts exhibits and old time skills demonstrations.
Anhalt was built specifically for the harvest celebrations and until recently was only used by the verein for those purposes. Rising maintenance expenses have made it necessary to do more fund-raising and the association now solicits other events, Syamken said.
“Years ago, it really wasn’t done to make money,” Syamken said. That wasn’t one of our primary goals. It was to come and
break even on the fest and make a few dollars for maintenance. But the high cost of everything has made us look at making more money and advertising.
“We didn’t use to advertise, everybody knew it was always on the third Sunday in the month of May and the third Sunday in the month of October," said Syamken “People at that time didn’t have all these extra things to do like they do now, so Anhalt was a big deal.
Today we have to compete, so we have to get our message out," said Syamken.
Anhalt, which is located off Highway 46 four and a half miles west of U.S. Highway 281 on Anhalt Road, consists of about four and a half acres of picturesque hill country with the charming Anhalt Hall with its wooden dance floor as its centerpiece.
The New Braunfels Herald /Altun# invitee Uh re aile re to nub nut items to Stammtisch. According to the Sophienburg Archives and members of the German communUy, "Stammtisch" represents a sitting place reserved for members of a community to gather and share the day’s happenings. We invite you to share with us.Best Wishes
The New Braunfels Herald-Zeitung sends Birthday wishes to Stephen Schultz. Saturday Birthday wishes go to Bradley Brandenburg and Beau Blevins.Brass Ensemble
The Southwest Brasworks, Southwest Texas University's acclaimed
brass ensemble, will perform a special concert at 10:45 a m. today at Canyon Middle School to honor the CMS Band. Members of the CMS Band recently donated $1,000 of their fundraising drive money to help purchase instruments for two Russian music students visiting SWT. The music performed for the band has never been performed outside of Russia.
The New Braunfels Tennis Association and Aggie Scramble will be held from 1:30-5:30 p.m. Sunday, May 16, at the T Bar M Tennis Ranch. Ladies and men’s doubles will be held. Residents will play against players at their same skill level. Call Ben Tucker at 629-4358 or Ray Smith at 625-8680 for details.
ReligionWho am I?
Dennis Gallaher shares the need of Christians to find a sense of identity with the Lord — and says validation of their lives is there for the asking.
See Religion, page 5.