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New Braunfels Herald Zeitung (Newspaper) - September 28, 1982, New Braunfels, Texas Da I ] a.*;, Texa & #75 flic rep Lex, lac. "ct : hlt0h bomble i .0. oox 45*06Dan ps, r^xpc? 75245 Comp. Fair mishap Four injured in carnival ride accident Sunday By JACQUELINE SMITH Staff writer Something which everyone always hopes will never happen, did Sunday at the 89th Comal County Fair. A portion of the “Octopus,” one of the carnival’s 35 amusement rides, broke off while the ride was in session Sunday shortly before 6 p.m. Eight people were stranded on top of the ride when the “arm” of the ride broke off, a spokeswoman from the New Braunfels Fire Department said Tuesday. “The latter truck had to rescue them.” These eight, however, were not on the arm that broke off, she said. But four of the additional six people that were riding in the portion of the ride which did break off, were injured, she added. These four, which included two New Braunfels residents — Rachel and Reyes Villareal and Canyon I .ake resident Angela Appling, were taken to McKenna Memorial where they were treated and released Sunday for minor injuries, the spokeswoman said. Also Sunday around the same time, a wreck occured IH 35 approximately eight-tenths of a mile south of Solms Road. Thirty-four year old Sharon McElwreath of San Antonio was traveling south on the interstate when a tractor-trailer truck driven by Edward A. Edgerly of Minnesota collided with her car. McElwreath suffered minor injuries and was treated and released from McKenna Memorial Hospital, an EMS spokeswoman said. Acting chief Wilson named city fire chief Jack Wilson, acting chief of the New Braunfels Fire Department since August 20, is now chief for good. City manager E.N. Delashmutt made it official Monday, and announced his decision at the City Council meeting that night. Wilson has been with the department for two years, serving as fire marshal until the resignation of chief Darvin Wetz last month. “He brings 27 years of experience to this community,” Delashmutt said. In his new capacity as fire chief, Wilson accepted a proclamation declaring Oct. 3-10 Fire Prevention Week in New Braunfels. It will be the chief’s job to appoint a new fire marshal. Wilson said he’d “just started looking” and probably wouldn’t make a selection for two weeks at least. “To me, this is a real important job, and I want to make sure I get somebody that will do a good job,” he said. —DYANNEFRY JBk. New JJjLL Braunfels New Braunfels, Texas Vol. 91-No. 190 Zeltung 14 Pages TUESDAY September 28,1982 25 cents (USPS 377-880) Sparks fly over Boarnet resignation Staff photo by John Senter Holler blur Courtney Martinez and Tine! Villanueva aren't really zipping    Street.    It    just    looks    that    way,    thanks    to    a    little    photographic along at 50 miles an hour on their roller skates down Oasis    magic. ACORN suit to cost city $5,800 City Council authorized payment of $5,800 in damages and court fees Monday night, and hopes ifs seen the last of the Association of Community Organizations for Reform Now. The payment will resolve New Braunfels' court battle with the Austin-based group, better known as ACORN. The decision, handed down Sept. 7 by United States District Judge Fred Shannon, breaks down as follows: Two plaintiffs, ACORN and Judy Graves, were each awarded $100 in damages for civil rights violations. Fees for their attorneys make up the rest of the sum: $4,000 for Dale E. Muller and $1,000 for Steve Baekman. “We lost, but we won,” said councilman Donnie Seay, after City Attorney Irvin Boarnet read a letter from the consulting law firm Huson, Clark, Hooks, Stephenson & O’Connor of San Antonio. “I think you can definitely say that we won,” Boarnet said. The judge technically decided in favor of the plaintiffs, but he awarded them only a fraction of the $40,210 they asked in fees and damages. New Braunfels and ACORN have been at odds since April 1981, when the Austin group ran afoul of a city ordinance requiring door-to-door solicitors to purchase permits and register with full identification at City Hall. ACORN delegates claimed this ordinance was in violation of their civil rights, and therefore unconstitutional. Boarnet offered to waive provisions of the law for this particular group. ACORN took exception to its being on the books at all, and filed a lawsuit last Sept. ll. Answers and preliminary hearings dragged out over the next six months, with the final hearing before Shannon held on April 14. That same week, the City Council amended the solicitation ordinance, deleting provisions that ACORN found objectionable. Boarnet believes that may have had a bearing on the light “sentence" handed down by Shannon. “Frankly, I was well pleased,” said the city attorney. After researching precedents, he had been convinced New Braunfels didn’t have a chance of winning the case. Other cities involved in similar suits, he said, have had to pay a lot more. In his letter, consulting attorney William E. Hooks Jr. said that New Braunfels had “put its best foot forward in a bad situation” and that Shannon had given the plaintiffs “the short end of the stick." “lf Judge Shannon had awarded any less damages than he did, I would feel concerned that we would be in danger of having his Order reversed at an Appellate level under a ruling that he abused the Trial Court’s discretion ... I sincerely hope that ACORN, in the future, will see fit to conduct their activities outside of New Braunfels and Judge Shannon’s jurisdiction generally,” Hooks wrote. See ACORN, Page 14 By DYANNE FRY Staff writer New Braunfels City Attorney Irvin Boarnet still plans to resign Oct. 31, in the interests of promoting harmony in city government. His hope may be futile. The very issue of his resignation has created a strong discord on the City Council. Boarnet announced his intentions at the Sept. 13 meeting. The council made no public comment. The attorney told the Herald Zeitung the following morning that he had been under no pressure to resign; that after IO years, the job was taking too much time away from his private practice. Councilman Max Winkler told a different story Monday night, when the time came for official acceptance of Boarnet’s letter. “On Thursday, Sept. 9, Mr Boarnet received a call from (Councilman Donniei Seay," Winkler said. Seay, representing Mayor O.A. Stratemann Jr., told the attorney that a majority of the council wanted him to resign his post, and would vote to fire him if he didn’t. The resignation was requested right away. Boarnet objected to that because of two pending legal cases, and offered to leave at the end of October. “Mr. Seay, I suppose, was not authorized to make a decision on this,” Winkler said. He added that Seay rang off, presumably to check with Stratemann and other council members, and called back two hours later agreeing to Boarnet’s terms. Winkler claimed that he and Councilwoman Barbara Tieken were never contacted, and said it was “gutless” of Stratemann to pass on his dirty work to another council member. He also called attention to a newspaper article in which Stratemann stated he was surprised at Boarnet’s announcement. “If the quotation in the newspaper is correct, it must be a lie,” Wii.kler concluded. “It was a surprise from the standpoint that I didn’t know he was going to do it Monday night,” Stratemann replied. In a telephone interview after the meeting, the mayor agreed the facts of Winkler’s story were correct. He added that the other four council members (Seay, Gerald Schaefer, Joe Rogers and Iaverne Eberhardl had asked him several months ago to look into a different city attorney. “I deliberated for some months,” he said. “We anticipated that a couple of council members would be opposed.” Stratemann’s reasons for taking action he did. as stated in meeting Monday, was that “we wanted to handle this matter in a way that would keep Mr. Boarnet in the high esteem of the community. “If there’s anything wrong with trying to keep a man’s dignity, rather than cause a floor fight, as some would apparently like to do ..." he said, indicating Tieken and Winkler. Three assenting council members (Mayor Pro Tem Schaefer was absent I indicated they had great respect for Boarnet, and that he had done a good job for New Braunfels. But they agreed with Stratemann that another attorney mighi serve the city better. See BO ARN FT, Page 14 Services scheduled for Dr.Tschatschula Inside Todays's Weather It should be windy and warm this afternoon, turning partly cloudy and warm today and Wednesday. Winds will be from the southeast at 15-20 mph today with occasional gusts, decreasing to 10-15 mph tonight. Sunset will be at 7:20 p.m., and sunrise Wednesday will be at 7:23 Services for Dr. Marvin E. Tschatschula will be at 2:30 p.m. Wednesday at Cross Lutheran Church, where he ministered from 1964 to 1981. Dr. Carl Heckman of Austin will officiate, and burial will be in Guadalupe Valley Memorial Park, all under the direction of Zoo I lei' Funeral Home. Dr. Tschatschula’s retirement from the ministry was forced by illness. In November of 1979, he underwent surgery for a hereditary kidney disease, and began dialysis at that time. He died Monday, Sept. 27, at San Antonio Community Hospital at the age of 52. Born on Dec. 30, 19*29, in Giddings, Tex., he was the son of Paul G. and Bertha (nee Boetcher) Tschatschula. He married Reita (nee Efird) Tschatschula in Lenoir, N.C., on Jan. ll, 1959. Under Dr. Tschatschula, Cross Lutheran Church enjoyed tremendous growth. The church went from a budget of $21,877 in 1964 to $128,541 in 1981. Cross Lutheran Church also grew to be number one in mission giving in the Tri-San Antonio Circuits, which includes 25 churches iii Southwest Texas. The pastor held a doctorate of divinity degree in Biblical Interpretation, and in theology. His past civic involvement in New Braunfels included the Lions Club, treasurer of the Mental Health-Mental Retardation board of directors, one of the first board members of the Community Service Center, a chairman of the Parks and Recreation Advisory Board, and a member of the Chamber of Commerce, the Committee on Tourism, the Bicentennial Commission and the Industrial Committee. He also gave “Got a Minute” devotions on the local radio station for 14 years. He is survived by his wife, Mrs. Reita Tschatschula; a daughter, Elizabeth Anne Tschatschula; and a son, Mark Allen Tschatschula. Pallbearers for the Wednesday service will be Carl Feltner, Kenneth Wunderlich, George Erben, Kenneth Johnson, Henry Fischer, Howard Eiekenhorst, George Waltisperger, and James McDowell. Memorials may be given to Cross Lutheran Church, the Texas District Church Extension Fund, or the Kidney Foundation. Cardinals clinch The St. Louis Cardinals became the first team to clinch its division Monday by beating the Montreal Expos while the second place Philadelphia Phillies were losing to Chicago. California may be next, as the Angels need only one victory to eliminate the Kansas City Royals. See Page 6. CLASSIFIED............9-11 COMICS..............12-13 CROSSWORD............13 DEAR ABBY..............13 DEATHS..................3 HOROSCOPE.............13 OPINIONS.................4 SPORTS................6-7 STOCKS.................14 TV LISTINGS.............13 WEATHER................3 Glenn Buicks Brucks—county tax roll due by November 1 Instead of playing “Name That Tune,” Comal Commissioners and Glenn Brucks played a little game of “Name That Date” Monday. The magic date in question turned out to be Nov. I which is w hen Brucks, chief appraiser of the Comal County Appraisal District, has promised to turn over a finalized tax roll to the county. Commissioners have become anxious in recent weeks as to when they could get the final list of county property valuations, since without it they can’t plan for next year’s budget, which goes into effect Jan. 1. In previous years, the court by this time has already held a series of budget workshops and tax hearings and has adopted a new budget by mid-September. The Appraisial District, however, has run into numerous problems in getting that tax roll ready, as Brucks pointed out Monday. “This is the first time we’ve taken three seperate tax rolls and tried to combine them into one,” he said referring to the county, city and Comal Independent School District tax rolls. “Throughout the years, they’ve all developed their own ways (of doing the tax rolls” and “the three did not overlap,” Brucks added. Within the next two weeks, however, Brucks expects the appraisal district’s board of review to have completed its business. “We’ve had a little over 200 appointments made to meet with the board,” he said. “And over half of them have been completed.” After the board of review has completed its task, Brucks said it will take another week “to complete the paperwork” resulting from the board’s findings. That adds up to a November I completion date, he said. County Judge Max Wommack anticipated that the county could probably start working on its 1983 budget a week or two before the tax roll was completed. “That means we could get the (final taxi bills out sometime in December,” said Comm. Monroe Wetz. “So we’re really not in that bad a shape.” Getting the tax bills out at that See APPRAISAL, Page 14 ;