Duval County Picture (San Diego, Tex.), Vol. 9, No. 13, Ed. 1 Wednesday, March 30, 1994 Page: 1 of 30
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EmendedCocaC catting on 5attot\
Wednesday. Marc h 30. 1994
Mostly cloudy, loto's in
I the dO'm-high's in the 70's
Benavides, SD to vote on measure, Page 1 forecast for weekend
®uual
bounty
P trtu n
w "We tell it like it is!"
Vol. 9 No. 13
San Diego, Texas
Thirty Five Cents
Uresti files election contest, alleges fraud
Alleging that “fraud” was perpetrated in the recent Democratic
Primary, Duval County Judge Gilberto Uresti has filed a civil suit
contesting the results. He has asked the courts to declare him the winner
and if they are unable to do so. to call for another election.
‘During the election process.” reads Uresti’s suit, “contestant
herein found himself the victim of a massive scheme to defraud the
voters of Duval County. . .” He alleges the scheme involved an
“organized group.. .engaged in a conspiracy to produce illegal votes."
Among the activities complained about by Uresti include the
following:
• the use of applications for mail absentee ballots which were not
signed or authorized by the voters in whose name the application was
made;
• the practice of assisting a mail absentee voter by voting the ballot
not in accordance with ... the wishes of the voter;
• the practices of taking a mail-in ballot from a voter’s possession
and failing to immediately deposit or never depositing said ballot in the
mail;
• the practice of altering mail-in ballots to reflect a vole that was not
in the choice of the voter;
• the practice of exercising possession and control over the voted
mail-in ballots, opening the ballots and either voting or otherwise
altering the ballot or both;
• the practice of applying for mail-in absentee ballots for person who
did not qualify for such ballots;
• the practice of intimidating voters in both absentee and in person
voting to vote for candidates which were not the choice of the voter; and
• the practice of encouraging persons to register to vote who were
not eligible to vote and encouraging those persons to vote.
Uresti offers details only on the matter involving the altering of
votes. He said that he observed, during the recount, that over 75 ballots
indicated that his name had been “scratched off’ with a marker. The
marker covered the voter’s box indicating who they had voted for.
“Then the ballot was marked for my opponent," said Uresti.
“This is his last gasp,” said Uresti’s opponent E. B. Garcia who
defeated Uresti by 32 votes in the March 8 voting. A subsequent recount
left Garcia’s win intact with Uresti gaining only two voles.
“He will just have to accept the inevitable," said Garcia, “that I won
and he lost.”
The election code calls for “accelerated procedures" in such a
contest. Garcia is required to respond within five days and a prelimi nary
hearing must be scheduled within 10 days.
District Judge Ricardo H. Garcia, who presides over Duval County
cases, will be recused because the election code calls tor a special judge
to be appointed who does not reside in the county in which the contest
is filed.
Local leaders struggle with trash issue
SD officials meet
tomorrow to make
decision on garbage
Judge Uresti
challenges
Garcia plan
The election for county judge
is over, but one could hardl y tell by
listening to the Duval County Com-
missioners court proceedings on
Monday. March 28. County Judge
Gilberto Uresti placed on the
agenda an item calling for the dis-
cussion on E. B. Garcia’s “plan” to
keep the landfill open.
“I don’t know if I should be
honored, embarrassed or harassed."
Garcia told Uresti. who presided
over die meeting.
Garcia defeated Uresti in the
March 8 Democratic Primary.
Uresti, late Monday, filed a suit to
contest the election.
Central to Garcia’s campaign
was a pledge to keep the San Diego
landfill open. Uresti said that the
landfill was scheduled to close
April 9 and wanted to offer Garcia
and opportunity to forestall the
action.
“If there is way to keep them
open, we would like to know," said
Uresti. The judge added that the
court had been studying the issue
for “three and a half years.”
Uresti called on John Buckner,
executive director of the Coastal
Bend Council of Governments to
holster his claim that it was too
cosily to keep the landfill open.
Buckner affirmed that new Envi-
ronmental Protection Agency regu-
lations had forced all but five land-
fills in the region to close.
“People pay taxes.” said Gar-
cia. “and they should get some-
thing for tltem.”
Uresti pressed Garcia for de-
tails of his plan. Garcia told him
lhai he was “studying” the issue
but would “open them (the land-
fills)” when be took office.
“If I had been in office 14
years. I sure as heck would have a
plan.” Garcia told Uresti. “I was
just elected two weeks ago.”
Uresti pointed out that two
engineering consulting firms had
studied the issue on a regional level.
The county had hired a third con-
sulting firm to develop plans for
Duval County. All three, said
Uresti, had concluded that it would
he loo costly to maintain the land-
fills undci new regulations.
We have been studying the
issue.” said Uresti, “it has not just
been wishful drinking.”
The judge added that it would
cost an additional $552,000 annu-
ally to operate the landfill. “Unless
your willing lo tax more, this can’t
be done.” said Uresti.
“You said the county would
See COUNTY Page 2
’■ •i- ; ' ■
l
' B a ; . %, 2
“ Cl
by Manny Longoria
Correspondent
San Diego City Council members review garbage collection options. Left to right are councilman
George Martinez, Mayor Alfredo E. Cardenas. Mayor Pro Tern (>r ando Martinez and Council-
woman Zenaida Montemayor.
County attorney files charge against
Raul Martinez for illegal dumping
Duval County Attorney Jose
Ramon Falcon has filed misde-
meanor charges against Alice resi-
dent Raul Martinez for allegedly
allowing illegal dumping on prop-
erty he owned west of San Diego.
The charges were filed on Mon-
day, March 28.
II convicted Martinez could
lace up one year in jail and a fine of
$3,000. Martinez has already been
assessed a $9.2(H) fine by the Texas
Natural Resources Conservation
Commission over the same inci-
dent.
Martinez reportedly owned I he
site located at the western edge of
town. According to Falcon. Mar-
tinez “knowingly and willingly
permitted dumping” ai the site.
The situation came lo public
light in October of Iasi year when a
lire erupted at the location and
threatened homes in the nearby
Cadena Subdivision.
ATNRCC investigator was on
the scene shortly after the fire and
filed a report. In January the stale
agency assessed Martinez’ the
$9,200 line.
Martinez supposedly sold or
deeded the property lo Alice Attor-
ney Homero Canales. Canales tried
to deed the properly to the City of
San Diego but the city refused lo
lake ownership fearing it would
then be liable for a costly clean up.
TNRCC officials zeroed in on
Canales after Martinez proved too
elusive to contact. Canales, mean-
while, deeded the property back to
Martinez claiming he hadonly been
holding il in trust for a past debt.
Falcon said that thecasc should
be heard in April.
Extended local calling ballots
coming soon to Benavides, SD
The Public Utility Commis-
sion of Texts has ordered South-
western Bell TelephoneComptny
to begin the balloting process to
determine if subscribers in Bena-
vides and San Diego want ex-
tended local calling.
Benavides seeks to include
San Diego. Alice, HebbionviUe.
and Freer in their local calling
area, while San Diego wants to
Include Alice. Benavides and
Freer. Under new PUC rales, any
city within 22 miles of another
may request for an election to
determine if telephone subscrib-
ers want to extend their local call-
ing capabilities
The petitions seeking ex-
telephone customers in Benavides
and San Diego have been certified
by the PUC as sufficient, and the
Commission said all other require-
ments of PUC rules were met.
Southwestern Bell must dis-
tribute ballots to all telephone sub-
scribers In the Benavides exchange
by March 31. and they have 15
days to vote. Ballots in San Diego
will not be distributed until May 4.
Ballots must be returned to the
PUC in Austin, where they will be
tabulated. If 70 percent of the
customers vote yes, the PUC would
consider the request.
The Commission would then
notify the telephone company that
the ballot had passed and the com-
pany stmuldisubmit within todays
a cost study indicating the costs to
provide the expansion of toll-live
local calling, the proposed initial
fees for the service, and the imple-
mentation schedule for the new
service.
Under law. Southwestern Bell
would impose a monthly charge
of up to $3.50 per line for residen-
tial telephone customers and $7
per line for business customers to
be collected from all custotnerxin
the petitioning exchange. The
petitioning cities can challenge
Southwestern BcH'spntposed rale
before the PUC ir city officials
believe the proposed charges can
not he justified The monthly
charges would only he in effect
See EXTENDED Page (
The San Diego City Council
continued to discuss tfieir garbage
collection options at a workshop
Monday. March 28, and expect to
make a final decision tomorrow
night at a special meeting to be
held at city hall.
With the April 8 closing of the
Duval County landfill looming in
the background. San Diego Mayor
Alfredo E. Cardenas spoke with a
sense of urgency as he addressed
the issue. “This is a community
problem. It is also a county
problem.”said the mayor.
City officials invited county,
water district and Alice city offi-
cials to participate in the discus-
sion. Also invited were Freer and
Benavides officials who face simi-
lar problems.
San Diego basically has five
options. One is to continue as is.
with Garbage Gobbler providing
the same service. However, rates
would have to increase dramati-
cally because less than 60 percent
of the residences in San Diego are
currently paying for the service.
In a letter sent to Cardenas.
Rick Sarem. Garbage Gobbler’s
Municipal Service Manager, wrote,
“the rate for this service will be
very high and unfairly burdens the
customers who are doing the right
thing by disposing of their solid
waste properly.”
A second option calls for man-
datory participation with the City
or Water District billing custom-
ers. Garbage Gobbler would con-
tinue providing the service, but at
an increased rate of $14 per house
per month.
Two other options offered by
Garbage Gobbler would implement
citizens’ collection stations and
eliminate residential collections.
In one plan, the City could
operate the collection station and
lease the trash compactor and open
top boxes from Garbage Gobbler.
Users would haul their own trash
to the collection station and would
„ be charged according to a set sched-
Y ule.
In the other plan. Garbage
Gobbler would operate the citi-
zens’ collection station for a fiat
rate of $3,000 per month. Users
would still have to haul their trash
to the collection site and pay a
disposal fee according to a set
schedule.
The proposed fee schedule
would charge: 60c for trash hags;
88<t for 30 gallon cans; and $1.48
for 55 gallon drums. There would
be no charge for tires.
“These are all unacceptable lo
me. They are all too high.” Carde-
nas said. “The collection centers
would not only present an incon-
venience they would he a hardship
for the elderly and homehound.”
The mayor proposed that the
City buy a truck and do the job
itself. “Hopefully, with the partici-
pationof the water district, for bill-
ing purposes, and a county subsidy
of say $3,000 per month, we could
make it work.” said Cardenas. “I’ in
hoping we get participation from
everyone. Il will be a lot easier for
everybody if we do it this way.”
County Judge Gilberto Uresti
said, “everyone is willing to help.”
“The county is willing to work
withthecitiesanytime.” said Uresti.
“but the expenditures must be jus-
tified.”
County Commissioner Alejo
Garcia agreed with Cardenas that
it was a community problem and a
“county problem.” He assured the
council he was prepared to help
with securing a subsidy from (Ik*
county.
Water district board president
Marie Allie Barrera and manager
Rodolfo Bazan also expressed the
view that the matter could be
worked out ami that the water dis-
trict was prepared to help. Legal
and bookkeeping details would
have to be worked out. said Bazan.
Alice Mayor Scrapio Serna and
City Manager Roel Valdez said
that they would be willing to ac-
cept San Diego’s garbage. How
soon is a matter to be decided next
week when they meet with state
officials to request for a waiver lo
landfill regulations. In any case,
said Valadez, they would be pre-
pared to accept the garbage within
six months.
“Clearly the decision is ours.”
said Cardenas “We will have to do
it whether or not we get the coop-
eration from everyone here, but it
will be easier tor everyone if we
solved this community problem as
a community.
“We do not have the luxury of
lime. We need to make a decision
soon.” added Cardenas
The City Council decided to
meet Thursday. March 31. at 7
p.m. to make a final decision. The
meeting is open to the public.
<C0C CO O t— O) O) rt
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Cardenas, Alfredo E. Duval County Picture (San Diego, Tex.), Vol. 9, No. 13, Ed. 1 Wednesday, March 30, 1994, newspaper, March 30, 1994; San Diego, Texas. (https://texashistory.unt.edu/ark:/67531/metapth988710/m1/1/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .