Denton Record-Chronicle (Denton, Tex.), Vol. 76, No. 293, Ed. 1 Tuesday, July 10, 1979 Page: 2 of 16
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Page 2A .DENTON RECORD-CHRONICLE Tuesday, July 10. 1979
NTSU
By JANIE LEIGH FRANK jury Monday morning, but Robert
Staff Writer Martin Jr . the attorney for Encon.
North Texas State University-has -said the court admonished them to
agreed to pay Encon Corp $110,000 attempt a settlement one more time
and half the court costs in an out-of The settlement was not agreed upon
court settlement reached just -as until Monday afternoon, after NTSU’s
Encon’s lawsuit against NTSU was to attorneys were able to contact A M
go to jury trial Monday morning. Willis Jr., chairman of the board of
Encon Corp, is the engineering firm regents, and several other regents to
hired by NTSU in 1975 to work on approve the settlement
plans and specifications for Willis, reached at his office in
redesigning the university's utility Washington, D.C., said he was
system. The contract was terminated .satisfied with the settlement,
by the NTSU Board of Regents in 1977. "* wine hattar than navine *
Encon filed suit two months afterward
pay Encon $110,000 in settlement
white, former first assistant at-
torney general under the late
Crawford Martin, and Samuel
McDaniel. Regent EE Stuessy’s
personal attorney, were hired?
served, f’m always satisfied when the
university improves its position
financially," he said.
Regent Hugh Wolfe said he thought -
the settlement was "a good deal ”
When asked why, he said NTSU could
have lost more money if certain
testimony had come out in court
concerned So I think they were wise
to settle it,” Wolfe said.
Encon also got its own appraisal of
its work for NTSU, Wolfe said, and
that appraisal was also satisfactory
“When that hit the courtroom that
would have been very damaging to
NTSU,” Wolfe said.
Nola White, one of the two .private
attorneys NTSU hired for the case,
said the original lawsuit had other
* costs in it, which the judge removed
later, that could have meant a $553,000
loss if NTSU had lost the suit.
for breach of contract and ap-
proximately $250,000
Both sides were prepared to select a
"(Encon’s work) - was not
satisfactory to (Regent E.E.) Stuessy
Whether it’s good or whether it’s, bad
_________._________. . is a matter of judgment. Stuessy had
“It was better than paying what we
would have paid before," he said
“I’m very pleased with it. ~
"I'm very satisfied that the best
interests of the university have been
an expert engineering company ap
praise the work and they came back
i— and said it was satisfactory. That in
the courtroom would have been the
killer as far as North Texas was
e
Frank Wright, president of Encon,
said he was relieved the ordeal.was
over, but he was not sure he was
happy with the settlement However,
he quoted the district judge assigned
to the case who said, "A good set-
tlement is where both sides are
unhappy.”
White “did not think that NTSU’s
"Anytime you take $553,000 and • having topay Encon meant NTSU had
settle for *110.000, everything else breached Encon’s contract. "It was
being equal, you don’t have a bad one of those (lawsuits) that could go
. settlement,” White said.
NTSU obtained permission in
January this year from new Texas
Attorney General Mark White to hire
private counsel, rather than going
through the usual route of having the
attorney general’s office handle the
case. * 3
• either way. This was too great a
chance for our clients to take, he
said. •
"Purely from a legal point of view,
it was our recommendation that this
was an equitable solution to a very
difficult problem." White said.
Tax issue
2 commissioners resign
from Hickory Creek
DP&L says lignite coal
lowers bills $40 million
By BONNIE BRADSHAW
Staff Writer
HICKORY CREEK — Two of the
three town commissioners here
months of controversy concerning the
creation of local property taxes in
Hickory Creek
The mayor had proposed a 60-67
cents per $100 assessed value property
resigned Monday night during a
heated commission meeting con- - tax. The assessed value would be 60
cerning taxes and the town budget. percent of the property’s market
After three hours of emotional value, according to Ezell’s plan.
exchanges, Mayor Gene Ezell said, Ezell presented a tentative budget
“Well, I’ll just make it easy for you, to the community last month showing
I'll resign.''
Then he gathered his papers and
walked out the door saying, "I’ve had
all of this crap I want. Let them worry
about it themselves."
Commissioner James Swan sub-
mitted his written resignation early in
the meeting, saying he plans to move
outside the city limits soon
"I feel strongly that the people
making the decisions should be the
ones who will be directly affected."
Swan said.
The commission accepted Swan’s
resignation, effective immediately,
and appointed Dan Savage, former
chairman of the planning and zoning
*30,541 in revenues for 1979-80.
Total expenditures for the same
period will be $54,960, Ezell said
“You can't run a town on an empty
bank account,” he said earlier.
Residents speaking at Monday
night's meeting demanded that the
commission cut expenditures instead
of enacting taxes :
“These people want to live 30 years
ago," Ezell said
Sid Randolph, a citizen appearing
before the commission, insisted that
commissioners should wait until
election time to enact taxes
"It seems like to me we could
probably make it through next year
without taxes and if we waited until
the election, then they could run on
commission, to take Swan’s place on
. the town commission.---
City attorney Raymond Noah said
-after Ezell submits a written
resignation it will be up to Com-
whether or not they would vote for
taxes Then if the majority wanted
missioners Doris Sasse and Savage to ’ taxes, we would have taxes,” Ran-
appoint a mayor dolph said
The commission was scheduled to
consider approving a contract with
the Lake Dallas Independent School
District for tax assessing and
collecting services.
However, after Ezell left, Mrs.
Sasse recommended tabling the
remaining items on the agenda in-
cluding the LDISD contract.
The commission’s next regular
meeting is scheduled for Aug. 6, but a
special called meeting will probably
be held before then, Mrs. Sasse said.
Ezell’s resignation came after
“But the majority doesn’t want
taxes. We told you that in the opinion
poll," he added.
The town commissioners held a non-
binding election June 23 which
resulted in a. 161 to 42 vote against
taxes. ,
However' the commission legally is
not required to put the issue to a vote
or obey the results of the opinion poll
“According to the Texas Con-
stitution, we have the authority to levy
taxes by ordinance rather than by
vote of the people." Ezell said
area
deotfir
the Texas League of
Nursing Memorial
Scholarship Fund.
News Briefs
Nicaragua’s Somoza rumored to resign
MANAGUA, Nicaragua (AP) =
President Anastasio Somoza’s
resignation was again rumored to be
imminent today as a knowledgeable
military source said the national
guard’s situation was “hopeless."
Managua residents, who depend
mostly on government broadcasts
and publications and rebel radio
stations for their news, flagged down
foreign correspondents’ cars Mon- '
day to ask: "Is he gone?"
"He's leaving at midnight," a boy
were there only for routine
briefings. ,
However, other Nicaraguan-
AUSTIN - A Dallas Power & Light
vice president told a Public Utility
Commission hearings examiner
Monday that DP&L customers"
electric bills were *40 million lower in
1978 because of electricity generated
by lignite coal.
DP&L has filed a *57 million electric
rate increase request with four
regulatory bodies that would raise
rates an average of 14.7 percent in
Collin, Dallas, Denton, Kaufman and
Rockwall counties
DP&Lofficials cite the conversion
from oil and. natural gas to lignite and
nuclear fuels as a contributing factor
to the need for a rate increase _
According to a DP&L press release,
"under the proposed new rates, a
residential electric bill of *20 would
increase by $3.81, and an electric bill
of *50 would go up $9.09."
Harold Evans
Funeral services for
Harold Evans, 40, of El
Paso, were to be held at
2 p.m. Tuesday at the
Kaufman Church of
Christ, with burial to
follow at Kaufman
Cemetery
Mr Evans died
with
thanks
Monday at his home in
El Paso.
He was director of the
division of nurses at the
University of Texas at
El Paso. He received his
doctorate of nursing ,
degree from Texas
Woman's University in
August 1978,
He is survived by his
wife, Jane, and a.
daughter, Christina
Marie Evans, both’of El
Paso; his parents, Mr.
and Mrs Caggie Evans
August W. Dietz
SANGER — Funeral
services for August
William Dietz Jr., 66,
are pending with the
Coker Funeral Home in
Sanger.
Mr. Dietz died
Mondav at a Dallas
hospital.
He was born Oct. 16,
1912. in Gainesville,
where he married Cora
The One to See
Our heartfelt thanks to Dr.
‘Wyss and Dr. Kurrus and
the nurses at Flow hospital,”
and the many wonderful
friends for their prayers,
the food and flowers in the
. loss of our loved one, our
beloved husband and
father.
Lola Wright and Family
of Kaufman;
brothers and
sisters.
two
two
CsIl:
LARRY
HARBERSON
1515 N. ELM .
387-4512
In lieu of flowers, the
family requests
memorials be made to
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Rates for most drivers are
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Have You Shopped
BUDDIES
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THE POOL SHOP 502N. LOCUST
of 12 volunteered. "Everybody is
saying it. He's going to Miami."
Others passed similar information
but beyond "everyone is saying,"
nobody seemed to know where the
reports came from.
Somoza's aides continued to insist
that the dictator had no plans to
leave the country They said high-
level visitors streaming to his
bunkered military-headquarters
" sources said Somoza has agreed to
. leave when the U.S. government .
tells him to. But they said the’Carter
administration was still trying to ar-
range for a new government in
which conservatives and centrists
would outweigh the leftists of the
Sandinista National Liberation
Front.
The Sandinistas, whose guerrillas
have won control of nearly every
major town and city population
center in the past six weeks, have
shown no sign of being willing to
take a back seat in the future
government.
A knowledgeable military source
estimated that the national guard,
Somoza’s combined army and
national police force, could run out
of ammunition in three weeks.
Begin. Sadat join for 3-day summit
ALEXANDRIA, Egypt (AP) -
Prime Minister Menachem Begin
arrived in Egypt today for a three-
day summit with President Anwar
Sadat at this Mediterranean coastal
resort, but both sides said they
expect no major advance toward
.agreement on Palestinian au-
tonomy. — -.
“I leave with an open heart and
will do my utmost to strengthen our
friendship so that talks between our
countries will be fruitful,” Begin
said in a pre-departure interview
with the Israeli newspaper Maariv.
One Israeli official said the latest
summit was primarily a con-
tinuation of the dialogue that began
in earnest after the two men signed
their peace treaty in Washington on
March 26. Others said the two
leaders would discuss general
subjects including the normalization
of relations and the planned transfer
to Egypt of the oil wells Israel
developed in the Sinai.
Begin's plane landed in Cairo
where he was greeted by Vice
President Hosni Mubarak and a
Mari drowns in stock tank
An 18-year-old man apparently
drowned Sunday in a stock tank where
Jie and another man had gone to
bathe.
According to the sheriff’s office
report, Anastacio Guerrero of
Matamoros, Mexico, and the other
man were bathing in the tank, located
on a farm near Sanger, when
Guerrero was pulled under Ihe water.
The other man, who does not speak
English, told deputies through an
interpreter that he attempted to
rescue Guerrero but stopped when he,
too, was almost pulled under the
water
The man said he left the tank and
tried to tell a neighbor what had hap-
pened. but. was unable to com-
municate with the neighbor.
Woman reports rape at park
Denton police are investigating the
reported rape of a 17-year-old woman
Monday night at McKenna Park.
According to the report, the woman
was sitting on a park bench around
9:45 p.m. when a man approached her
from behind, placed his hand over her
mouth, pulled her to the ground and
raped her
After the incident, the man fled and
the woman-drove to her home and
called police.
The woman described the man as 6
feet tall, with a dark complexion,
coarse dark hair and wearing a dark
T-shirt and blue jeans.
Suicide suspected in death
An autopsy has been ordered to
determine the exact cause of death of
a 54-year-old man who was found dead
Monday morning in his Jagoe Street
apartment, the victim of an apparent
suicide.
delegation of Egyptian leaders.
Later, he travels to Alexandria, 120 According to the police report,
miles north to Cairo, and will pray at Edward E Burchell was found dead
the synagogue here before meeting around 9 a.m. by a co-worker who
Sadat went to the man’s apartment after he
failed to report to work.
Burchell was found lying on his bed
with a gunshot wound in the right side
of his head, the report said, and a .380
automatic handgun was found in the
man's right hand.
Peace Justice James Erwin was
called to the scene, and ordered the
autopsy
W
lif
SU
SC
—Salmon in October 1942.
He was a member of
St. John’s Catholic__
Church in Valley View,
was a World War II
veteran and was a
retired * construction
employee
He is survived by
three sons, Robert A.
and Jerry Dietz, both of
NOW
OPEN
Gainesville, and Teddy
Dietz of Sanger; two
brothers, Casper and
Francis Dietz, both of
Gainesville; one sister,
Mrs. Otto Hinzman of
Gainesville; and five
grandchildren.
Anastacio Guerrero
Funeral services for
Anastacio Guerrero. 18,
of Mexico, are pending
with the Coker Funeral
Home in Sanger
The youth drowned
while swimming in a
stock tank near Sanger
Monday.
Edward E. Burchell
Funeral services for
Edward E. Burchell, 54,
who died at his home,
416 Jagoe, Monday
morning, are pending
with the Schmitz-Floyd-
Hamlett Funeral Home
Services held
ROBERT L. PRICE.
63, funeral services
were held Monday af-
ternoon at the Cindy
Nichols Chapel of the
Mr. Burchell was an First Baptist Church,
employee of the Texas The Rev. L L. Arm-
Employment Comm- strong conducted the
ission
services and burial was
at IOOF Cemetery.
LAVERNE DEAN
BYNUM, funeral ser-
vices were held Monday
morning at the Schmitz-
Floyd-Hamlett Funeral
Home. Chapel, con-
ducted by the Rev.
Grover Miller.' Burial
was at Old Oddfellow
Cemetery in Hamilton.
P
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Denton Record-Chronicle (Denton, Tex.), Vol. 76, No. 293, Ed. 1 Tuesday, July 10, 1979, newspaper, July 10, 1979; Denton, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1703647/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Denton Public Library.