The Boerne Star (Boerne, Tex.), Vol. 92, No. 5, Ed. 1 Wednesday, January 31, 1996 Page: 5 of 36
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Page 5 A
The Boerne Star
Wednesday, January 31, 1996
News Scene
Indian Artifact Show returns this weekend
IE SAYS
FINE BBQ FITS.
/ BOUGHT MYNE WHEN I wuz YOUNG.
Home Of Clean Livin’& Hard Dancin’!
SOUTHERN
$5.00 Admission
$5.00 Admission
• KIDS UNDER 12 ARE ALWAYS FREES ★
The church had additionally
LLeol S
A 8PDry
DANCEHALL
t"
E.
22029011 IT
LoGR a 000
Fair Oaks shares $635,366
in 1995 PEC franchise fees
6:30-8:30 PM
ONLY $1.00m
THE LEON SPRINGS
) DANADHAI 1 ) 1
•7 JANVALL 477 1
TRI COUNTY
MATERIALS
DANCE
LESSONS
$2.00 Admission
Dance Lessons
Exit Boerne
Stage Road
Off IH-10
31440 IH-10 West (Exit 543
(210) 981-4945
The Leon Springs Dancehall Is
Located Across The Street From
Rudy’s Country Store & Bar-B-Q,
9 Romano's Macaroni Grill, &
Nachomama’s Mexican-Mexican
Igeautifull
powntown
For More
Information Call
698-7072
Collectors will also demonstrate
“flint knapping”—a technique to
fashion flint stones into tools—
throughout the day.
alleged imperfect designation of the
historic district, citing technical
anomalies. Heath said he thought
this argument had been “set aside”
by Judge Bunton, and would not
even be considered. He said he
believed the church has misread the
requirements of the ordinance and
related provisions of law.
KC Republican Women to
host Meetae Candidates..
With all local candidatesrunning on the Republican ticket, the March
12 Republican Primary will bold more local significance than the gener-
alelectionin Kendall County.
The Kendall County Republican Women will give all local voters a
chance to become more informed in a “Meet the Candidate" night
Thursday, February 15, at 7 p.m. in the Boerne Middle School
Auditorium. .
In addition to candidates for local office, there will also be some can.
didates for area offices, or their appointed representatives. For more infor-
mation call 249-3911.
RICHARD SOUTHERN TIM
HAILEY STAR NICHOLS
Jody’s
Acut Above
is proud to welcome
CANDYASHER
who specializes in Hair, Nails
(Acrylic, Silk, Fiberglass) and
Reflexology.
116 E. JAMES (Behind Alte Stadt Mall)
BOERNE • 249-6080
A family gift
for all to enjoy
fora
LYFE TIME!
Woerne Clock
CCompanp
Antique Clocks & Estate Jewelry
10% Off
Sales • Service • Free Estimates
Over 100 Clocks to choose from!!
• HOUSE CALL BY APPOINTMENT •
Collectors of arrowheads,
weaponry, pottery and other tribal
artifacts will show off their finds
Saturday at the eighth annual
Kendall County Indian Artifact
Show.
Boerne City Council
‘...in other business’
• Cold weather has been good business for Boerne
Boerne City Manager Ron Bowman told the City Council last week that
home heating gas is expected to bring in revenues reflecting the recent
spells of cold weather He added that $100,000 less gas was sold in the
1994-95 winter than in the previous winter season, and that this is the third
“mild” winter the area has experienced.
Discussions with the council about the availability of gas during peak
cold periods revealed that some of Boerne’s main gas lines are inadequate
to handle occasional higher demands.
Councilman R.L. Bien said heat at the high school inadequate during a
recent cold snap, apparently due to lack of gas pressure. Bowman replied
that an adjustment of a couple of degrees on the thermostat of all the area
schools makes a large impact on the availability of gas to other users.
Councilman Ron Gourley said he dislikes the schools cutting their heat-
ing requirements.
“Grandpa doesn’t like to hear his grandchildren tell him they were cold
in school today,” Gourley said.
Mayor Heath said a major distribution line is needed in a “certain area of
town,” and that problem is expected to be addressed in the future.
• Boerne’s new city park moves closer to reality
City Manager Ron Bowman said $453,000 in matching funds from Texas
Parks and Wildlife has been approved for Boerne, and that “a lot” of this
money will be reimbursed to the city soon since the land has already been
purchased by the city for $4,000 per acre..
According to City Director of Planning Chris Turk, the park is 103 acres
at Johns Road and Highway 87 across from Ranger Creek and includes
plans for a sports complex as well as family picnic facilities. He expects
construction to being within six months and hopes the facilities can be built
with the assistance of various community civic groups.
Crime Stoppers seeking
burglars of motel theft
Kendall County Crime Stoppers They also took a large brown soft-
and the Boerne Police Department side suitcase, a medium Samsonite
are looking for information about a hard-side suit case, a Navy duffel
vehicle burglary that occurred at the bag and a navy-blue suit garment
Texas Country Inn - Best Western at bag. All the luggage held men’s
I-10 and School Street in Boerne clothing and shoes.
early Friday morning, January 26. Anyone who has information no
The burglars broke into a 1990 about this case is asked to call vo
red Nissan Pathfinder parked nextto Crime Stoppers at 1-800-348-
the building on the east side of the LEAD. KCCS will pay up to $1,000
motel parking lot. They took a reward for information leading to
Taylor-brand acoustic guitar that arrest and grand jury indictment in
had yellow wood on a green surface J the case. Callers do not have to give
with dark brown back, a black their name.
Peavey amplifier 18” X 15” X 8”.
About 100 collectors and Native Admission is $3, and parking is
American history buffs from around free.
the country are expected to set up Todd Chism, the show’s coordina-
booths for the exhibition, which tor, said the public is encouraged to
runs from 9 a.m. to 5 p.m. at the bring their own artifacts to show to
Kendall County Fairgrounds, collectors and get appraisals.
★ SPECIAL ★
$2500 Acrylic Tip Overlay
311 Blanco St. • Boerne • 249-8469
Pedernales Electric Cooperative, as rights-of-way through city and
Inc. announced this week that 27 private property.
incorporated cities, including Fair Fuelberg said such agreements
Oaks Ranch, with Cooperative fran- provide the Cooperative and partic-
chise agreements shared $635,366 ipating municipalities with more
in PEC franchise fees in 1995. stable working relationships, which
The fee received by each city rep- benefit the cities, the Cooperative
resents two percent of the total and affected members.
billed revenue within that city, Franchise agreements are one of
according to PEC General manager several ways PEC works to main-
Bennie Fuelberg. Due to increased tain and improve quality of life for
growth, fees disbursed for 1995 are communities within the
13 percent higher than the $560,500 Cooperative’s service area,
the municipalities shared in 1994. Fuelberg added. Others include
Participating cities receive these financial donations to service orga-
fees in return for a service franchise nizations, economic development
agreement with the Cooperative support and assistance with com-
which includes such considerations munity projects using PEC equip-
Twice Weekly —---
(Continued from Page 1A) lines for each issue will be pub-
“And two issues each week will lished in the coming weeks.
enable us to offer more timely The Boerne Star was founded in
news,” said Managing Editor Trav 1906 and marked 90 years of pub-
Priddy. “Sports, government meet- lishing in Kendall County January
ings, breaking news — it will all be 6. The Star is currently owned by
fresher and more up to date with Hill Country Newspapers, Inc. and
editions on Tuesday and Friday is a part of the Dixie Newspaper
every week.” group that publishes 14 community
Plans are already being laid for newspapers in Texas, primarily sur-
enhanced news coverage including rounding Austin and San Antonio,
both pre-game and after-game sto- including the neighboring Bandera
ries during football season. Bulletin.
New news and advertising dead-
Lawsuit-------
(Continued from Page 1A) there was little doubt that Congress by Judge Bunton. tures, according to Father Tony
defenses to the lawsuit by alleging intended to enforce the free exercise The case has gained national Cummings, parish priest..
the RFRA was unconstitutionally clause of the First Amendment, attention, especially among consti- Heath said the city council “react-
created by Congress. which provides that government tutional scholars and church offi- ed to the mass of the new structure.”
Judge Bunton previously ruled shall not interfere with the free exer- cials, who generally view the city’s The church’s plans show a field-
that Congress had overstepped its cise of religion. denial of a building permit as an stone building of Spanish or south-
legislative authority by creating the Heath said Thursday that the encroachment on the constitutional west architectural design which is
Act, designed to reverse the effects city’s legal defense bill in this law- prohibition of interference by gov- about two to three times the size of
of an earlier U.S. Supreme Court suit has exceeded $150,000, and the ernment with the free exercise of the present sanctuary. The architec-
ruling, Employment Division v. expense was not budgeted for the religion. tural style and exterior materials
Smith. Judge Bunton certified the 1995 budget, during which time The Fifth Circuit’s decision was appear to be similar to the “mission”
issue in an appeal to the Fifth much of the cost was incurred. met with relief and approval by a style presently in place.
4 Circuit Court of Appeals in New He said taxes and other typical number of religious organizations, Heath said he thought new build-
. Orleans in an effort to expedite the sources of city revenue would be many of which have filed briefs in ings placed within the historic dis-
* case’s progress through the lower used to pay the legal bill. the issue of whether the RFRA was trict have met the criteria estab-
court. According to representatives of unconstitutional. Also supporting lished by the city for alterations
Heath said Thursday that the St. Peter’s church, the church will the church’s position with respect to within the historic zone.
city’s position regarding only part of seek an award of attorneys fees the constitutionality of the RFRA Heath emphasized repeatedly that
the building lying within the historic against the city if the church pre- was the United States Attorney the reason the city’s position has
zone is that an inclusion of part of vails in the lawsuit. Church’s offi- General, which appeared as an been adamant is that they believe it
the structure in a historic zone cials said their legal fees have intervenor in the lawsuit. is the right of a city government to
would implicate all of the structure, exceeded $50,000. Mayor Heath emphasized that establish and generally enforce ordi-
The Archbishop of San Antonio, Mayor Heath said Thursday that despite the ruling, there has yet to be nances which are designed to bene-
Patrick Flores, on behalf of St. he had read only portions of the a trial of the central issue, and that fit the whole community.
Peter’s Church, filed suit against the opinion in the press conference, the city, at this point, may not be “We see no undue burden being
City of Boerne, alleging that the Heath said he would bemeeting with willing to concede ultimate defeat. placed on St. Peter’s to comply with
denial of the building permit vio- the city’s lawyers Friday about the Church attorney Drought dis- our ordinance,” Heath said.
lates the Religious Freedom decision and its effects on the city’s agreed with Heath’s assessment of “We are not keeping those people
Restoration Act, private property consideration of whether to issue a the respective positions of the par- from worshipping in that church,”
rights and certain provisions of the building permit. ties’ legal positions. Heath said, adding that he saw no
Texas and United States Should the city elect to appeal the “Our legal positions are as they difference between enforcement
Constitutions protecting the free Fifth Circuit’s decision, the U.S. were before the city raised the issue against a church and enforcement
‘exercise of religion. Supreme Court can refuse to hear of the constitutionality of the against any other type of property
In last week’s decision, the court the matter. The appeals court RFRA,” Drought said Friday. “Now owner.
of appeals held that the Religious remanded the matter back to the dis- that legal challenge has been fore- “Besides this, our impression is
Freedom Restoration Act constitu- trict court for “further proceedings closed by the Fifth Circuit’s deci- that our constituents generally have
tionally requires the government to not inconsistent with this decision.” sion, and cannot be raised on appeal lauded the stand we have taken,”
demonstrate a compelling public Some proponents of the church’s if the city loses at trial,” Drought Heath said.
interest before interfering in matters decision view this language as sug- said. The trial judge will not even Some St. Peter’s parishioners who
of a religious nature. gestive that the city’s legal position consider the constitutionality of live within the city said Wednesday
Mayor Heath said Thursday at the in general is “specious,” defined as RFRA as an issue any longer. the success or failure of the city’s
press conference that the city’s “apparently good or right, but with- Heath said he would not hazard a defense and ultimate expense to the
attorneys had warned the City out real merit.” guess as to what action the city city taxpayers may invoke a mea-
Council when the suit was filed Heath said inasmuch as St. Peter’s council will take in view of the sure of the city’s voters’ attitude
against the city that its defenses Church is the plaintiff, “the next court’s decision. When asked about toward the permit denial through
would be “comparatively weak in move is theirs (the church).” He said why the city had taken such a hard adverse election results to incum-
’ the face of law supporting the that the remand of the case “puts us position initially, he said he felt that bent council members.
church’s position.” He said notwith- (the city) back to the point at which if St. Peter’s had not enough other Asked whether the council would
standing this warning, the council the suit was filed.” land on which to build its new sanc- abide by advice of the city’s attor-
unanimously decided to continue to St. Peter’s attorney, Tom Drought, tuary without tearing down part of neys to throw in the towel and grant
deny a permit and defend the law- said the city has the ability to end the existing sanctuary, his own deci- a permit, should such advice be
suit. the lawsuit by simply granting the sion would have been different. forthcoming, Heath said he couldn’t
The Fifth Circuit disregarded the building permit. He added that a The mayor said, in his opinion, say whether such advice would be
city’s assertions that the Religious motion for summary judgment filed the church had sufficient property \ followed.
Freedom Restoration Act, signed on behalf of the church, which upon which to build another sanctu-
into law by President Bill Clinton in asserts that the church is entitled to ary without destruction to the exist-
1993, violated the principle of sepa- judgment in its favor as a matter of ing building, and the denial of the
ration of church and state and man- law, is pending in the trial court, permit was reasonable.
dates religious accommodations The case is on the trial docket St. Peter’s church owns approxi-
that violate the establishment clause awaiting a trial date, said Drought, mately six acres of land on
of the Bill of Rights of the constitu- Heath said he thought the church’s Kronkosky Street. There is not suf-
tion of the United States. motion for summary judgment had ficient vacant land upon which to
I The appeals court, opposing the been denied, but Drought said the place the proposed new sanctuary
city’s legal propositions, ruled that motion had not yet been ruled upon without tearing down other struc-
Wed, Jan 31 Thu, Feb 1 Fri, Feb 2 Sat, Feb 3
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Aldridge, Leon & Priddy, Travis. The Boerne Star (Boerne, Tex.), Vol. 92, No. 5, Ed. 1 Wednesday, January 31, 1996, newspaper, January 31, 1996; Boerne, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1620058/m1/5/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Patrick Heath Public Library.