Burleson Star (Burleson, Tex.), Vol. 11, No. 21, Ed. 1 Thursday, March 18, 1976 Page: 1 of 18
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1
BURLE
TAR
1975
Vol. 11 No. 21
Thursday, March 18, 1976
Bethesda Co-Op
On Rural Fires
Annual Meeting Held
» 11118
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Drowning
Victim’s
City Personnel Policy
Rites Held
\ /
Wright. He said he objected
safety
City Hires Legal
route stamp verification of
Counsel In Su t
Folks
BY THE STAR STAFF
Pete Giuliani, A Burleson
J"
Traffic Law Section Held Valid
4P
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de fact
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1
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L J AWARD WINNER
I ____
BURI ESO I88ueResolved
Delayed; Park Bids Set
various i
and the final draft and had
artners
former
18 PAGES
IN THIS EDITION
Johnson County Court Judge C.C. (Kit) Cooke has upheld
the constitutionality of a negligent collision section of the
City of Burleson’s 1962 traffic ordinance.
His ruling came Monday in a case which had been
appealed to county court following a fine levied against
George Eugene Cole in Burleson Municipal Court.
Cole’s attorney, Robert Wilson of Burleson, gave notice of
further appeal to the Court of Criminal Appeals in Austin.
Judge Cooke authorized the City of Burleson and City
Attorney J.L. Phinney to submit a brief as a “friend of the
court” in the matter.
Wilson argued that the negligent collision section of city
__ 2 —____- 1 — X J L_xL X 1 m_____ T*___1 /"I _ J _ 1 11 m
Code of Criminal Procedures.
Want to meet the candidat-
es face to face?
You’ll have that chance on
March 26. All city and school
candidates in Burleson elec-
tions April 3 are invited to
TEXAS PRESS
ASSOCIATION
Funeral services were
held here Sunday for Charles
E. “Chuck” Walters, one of
two Burleson residents to
drown in a boating accident
at Benbrook Lake on Feb.
29.
II
“In all acts and conduct herein complained of, 2 id at all
material times:
“Defendant Norwood was acting as a private per on. Also
he was, and was acting as, the duly installed an de fact
Mayor of The City of Burleson.
See Counsel Page 15
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COMPLAINT
To Said Honorable Court:
I.
“This is a civil action for damages under 42 U.S.C §§ 1983
and 1985 (3), of which, under 28 U.S.C. § 1343, sub ivisions
(1), (3), and (4), this Court has jurisdiction without i sgard to
diverse citizenship or to amount or value in con ‘oversy.
Also this action arises under the Constitution and la rs of the
United States, and the matter in controversy hereir exceeds
the sum of $10,000, exclusive of interest and costs, t is Court
hence having jurisdiction herein, also, under 28 J.S.C §
1331, subdivision (a).
I
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$320(sgnnually.
jie <
^rei&e because |>f rising
His request thai
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Original proposals on per-
sonnel guidelines had been
then used by the March changed several times at
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“Frank Proctor Jr., plaintiff, versus Frank larwood,
individually and as former Mayor of the City of lurleson,
Texas, Joe Gude, Roy Gandy, Robert Brown, Roi Gieser,
Harvey Kincade, and Jimmy Schuncher (si; I, each
individually and as a member or former member of he City
Council of said city, Farmers & Merchants State Bai c, Jones
& Teagarten, a partnership of certified public accuntants
composed of Rabel Jones and one Teagarten as
therein, and Larry Fergason, individually and ai
Assistant City Manager and Director of Finance of lid city,
defendants,
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but all other monies received
would be divided according
to the number of rural fire
calls answered. Approxi-
mately $25,000 is anticipated
from local taxes this year
See Fire Page 1 5
Merchants State Bank. Both
the oldest walker and the
accident on Feb. 12, has had youngest walker to complete
several setbacks recently the 20 mile trek will receive
that have extended his hos- $7.50 donated by the Educa-
pital stay and may result in tional Employees Credit
another operation. Union and employees of the
Tax recenue would con-
tinue to be divided equally
among the 10 departments
Beard Growing Contest
Starts April Fools Day
Trophies will be awarded in four categories of an old
fashioned beard growing contest as part of the
Bicentennial observance.
Announcement of the contest rules was made this
week by chairman Ron Gieser.
The contest runs from April 1 a very appropriate
date, some ladies remarked, to July 4th at which time
judges will make their decision as to winners in four
divisions: longest, shaggiest, reddest, best peach fuzz.
An entry fee of 50 cents will be charged for each
contestant to pay for trophies. Men not growing a
beard will be fined $1.00 and all fine money will be
donated to the Burleson Volunteer Fire Department.
All entrants must be clean shaven to begin the
contest. Entries may be filed at City Hall on April 1
and 2, and at the Fire Station on April 3.
All volunteer firemen will be deputized to fine any
non-beard grower and only one fine will be levied
against a person, said Gieser.
“All you men that have wanted an excuse to grow a
beard, now is your chance,” he said with a mischievous
twinkle in his eye.
few
Burleson, Johnson County, Texas
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Saturday
Shoe repairmen will prob-
ably be the first to profit
from the annual Walkathon
to be held here Saturday,
but the eventual beneficiar-
ies will be the children and
adults benefited by the
March of Dimes.
It’s still not too late to
enter this year’s March of
Dimes Walkathon, say Bur-
leson High School teachers
Glenda Ply and Wallace
Smith, Burleson Walk chair-
men. Plenty of sponsor
sheets are itill available
from office.^at the high
school, they Wd.
Participants in the 20 mile
walk obtain ®p?edges” &fom oft 4 decision 0jie>-person--—
persons or businesses that nel policies until a later
sponsor them. When their meeting, but they authorized
number of miles has been
verified by the March of
Dimes, they then collect
SIGNIFICANT SYMBOL-The official na- ments to be an o fical national Bicentenn-
tional Bicentennial emblem was affixed to nial community. At left is Sheila Whites, a
Burleson city limits signs this week by the member of the Bicentennial Con mission.
Texas Department of Highways and Fred Morris of Cleburne, an employee of
Public Transportation. The,emblems tell the highway department, instaled the
visitors that Burleson has met require- sign. -Star Staffoto
I-35W '
limits, continuing a system
that will stretch to Loop 820
in Fort Worth.
Objecting on energy con-
servation and environement-
worshop meetings al grounds was Phillip less electricity than he older
uu'bii uexews. emu me miai uxaxb axxu xxaJ Wright. He said he objected mercury vapor i lits and _ . i «/"
The walkers will gather at reached council members the to the yellow cast the sodium that lighting of the ighways JVlarCll 2!o
T~* "W-« • 1 t W .A — _CX_______- P X 1- ____ X M AM 1 ’ A*l« X A A..1 J MM A 4 A A 4- ' — A A A _ — - J a — a J A A X A 4" WV
Since they had not had
sufficient time to review the
final report, action was de-
points scattered along the layed.
route stamp verification of One new item came up for
the number of miles walked clarification in connection
and also offer soft drinks, with outside work by uni-
cookies and a moment’s rest f°rmecL policemen._
to the tired pedestrians,
r
will be the BHS Student be extended to policemen 24
Council and the Future
Homemakers Club.
Everyone completing the
walk gets a certificate and a
half price ticket to Six Flags,
but if you’re old or young or
fast or raise the most money
there’s additional prizes to
be won.
First finisher will receive
High School sophomore who $10 donated by Farmers_and
received a serious back ” '
injury in an automobile
of the 42 year
old man was recovered
from the lake on March 12
after a two week search. The
other drowning victim, 13
year old Hoby Bird, was
found on March 8.
Two other persons with
them in the boat were
rescued by a fisherman after
what started out as a father-
son
edy. Pulled safely from the
rough waters of the lake
were Walter’s son, Donald
Walters, 11, and C.R. Bird,
the father of the drowned
youth.
Walters, of Rt. 1, Burle-
son, had been a resident of
Burleson for the .past four
years and formerely lived in
See Walters Page 1 5
61O Years of Growth’
... I.
WIND DAMAGE-What was believed to be a small
tornado roared through Burleson last Thursday night and
wind damage was reported in almost all sections of the
city. Several portable buildings were damaged, swing
sets overturned and antennas blown down or bent.
Included in the damage was a tree [above] which was
uprooted on S.H. 174 and a mobile home [below] which
was toppled over at a local industry. Only .03 inch of rain
was officially recorded by Russell Lace, National
Weather Service observer. That brings the total for the
month to .78 inch, almost as much as recorded during the
entire month of February. -Star Staffotos
sponsored by the Chamber
of Commerce.
The meeting will begin at
7:30 p.m. in the Hughes i~'
Middles School auditorium.
Each candidate will be allow-
ed about three minutes to
speak, said chamber manag-
er Dennis Key, and the
Burleson Bicentennial Choir
will provide entertainment.
Sixteen men are running
for seven local offices.
One city council candidate,
Richard Livingston, with-
drew this week leaving two
men in the Place 4 race, Loy
Norris and Mike Arnold.
Only one local race is
uncontested, that of mayor.
Dr. Robert Ables is the only
candidate.
vation now” drew
from the council.
City Manager ' on Har-
mon explained, 1 twever, ,
that sodium vapor ^hts use KOlltlCHi Ixillly
mercury vapor 1 lits and
CITY LIMI
EST. ? >R
................
participate in a “town hall”
Bicentennial political rally
BSSL——
vapor lights would project was considered
and to the cost of operation, measure in the prei mtion of
estimated by the city at see Traffic page 15
’ x . Chief Homer Barns re-
Manning the checkpoints commended that full benefits
. __— — A.T - 1 1111 1* z-x
hours since they were con-
sidered on 24-hour call. One
question was whether bene-
fits such as sick leave should
be given if, for example, a
uniformed police officer was
injured while doing security
work for a company or
organization not directly
connected with the city.
Barns said he was in favor of
such benefits. Councilman
Scott Burler was not.
The matter probably will
be resolved at the council’s
next meeting when the full
personnel policy will be
considered for approval.
DECISIONS to advertise
for bids on the new baseball
fields was on the recommen-
dation of the park board.
About $25,000 has been
earmarked for improve-
ments at the park, including
the lighting and fencing as
well as paved walkways, etc.
Whether all the work can be
done as planned will depend
largely on the amounts con-
tractors demand.
In other action the council:
-Accepted the bid of Bur-
leson Floor Co. in the
amount of $1,216.25 for new
carpet for the Burleson
Library. Bid of an out-of
town company was slightly
lower at $1160 but Library
Board president Nancy
Jones recommended the
Burleson Floor bid primarily
because it is located in
Burleson, and could more
easily service the libaray if
needed.
-Voted a deadline for the
city engineer to issue a
written statement on his
findings in regard to differ-
ence with a private engineer
working on a new section of
the Summercrest Addition.
Developers expressed
their objections and said the
ordinance violated both the Texas Penal Code and the Texas city had unnecessarily delay-
Code of Criminal Procedures. ed their plans. The city
Burleson City Council put engineer said .he had not
off decision ^ne>w-person^^-b^rr--^v«||^Higijfie»Mafoita
nel policies until a later mation. ■
i_.xxxi.__—xu__.__x| -HEARD A statement of
bids for fencing and lighting objection to plans to light,
of two new baseball fields at I-35W 'through the city “start frugality an 1
Bartlett Park in action *x- —x:_...-__ .i ^_._x—? _w
from the sponsors according Thursday night,
to how much each one
pledged per mile. Proceeds
are 1'
of Dimes in the battle
outing turned into trag- against birth defects.
the BHS Field House at 8 afternoon of the meeting,
a.m. Saturday morning and
everyone walking must be
started by 10 a.m. Check
OggS®;
Walkers must turn in the
money collected by April 2 to
All candidates in the city
and school elections have
“Help Pete” donation jars been issued a special invita-
have been distributed tion to walk in this 5th
around town and bank ac- Annual Burleson Walkathon.
counts opened at both Burle- In case of inclement wea-
son banks. Some high school ther, a new date for the
students had a bake sale Walkathon will be announc-
recently and another is being ed or miles will be figured by
See Folks Page 15 a pro-rated basis.
another operation. Union and employees of the
To help the family meet Burleson branch of Cleburne
the high cost of medical Savings and Loan. The per-
expenses, a number of pro- son who raises the most
jects are being planned by money will receive a car
various organizations, radio donated by Bob Cosby
Church donations from three Chevrolet.
masses at St. Ann’s Catholic
Church totaled $122 and the . . .
Men’s Club of the church and be eligible for prizes.
the Daughters of St. Ann’s
have given another $100.
Annual membership meet- seven the number of wells in
ing of the Bethesda Water service.
Cooperative was held Tues- Pumping capacity is 3,110,
day night under a theme of 400 gallons per day.
"10 Years of Growth”. Organized in 1965, the
Three directors whose coop became fully operation-
terms had expired were al in 1966 with 560 members
reelected for three-year using water distributed
terms, Ben Ash, Gene Harris through 125 miles of line
and Richard Smith. from two wells.
Other officers and direct- By the end of 1975,
ors are Loy Bransom, presi- membership had increased
dent; Horace Butler, vice to nearly 2500 and lines had
president; D.F. Anderson, stretched 250 miles,
secretary-treasurer, and Water usage in 1966 was
Maurice Shepherd, Chris about 60 million gallons. The
Baccus and Russell Lace. figure had grown to more
About 65 persons attend- than 250 million gallons in
ed the meeting and heard 1975.
annual reports on one of the
state’s largest water co-ops. -re-r if f
Wi‘1,‘"ew"eUnowbeii>« w alkathon
completed, the co-op will
have three million gallons of e
water storage at eight pump nr I Bl YT1 AGl
stations. The new well, for X
which a pump motor is still
being awaited, will bring to
Burleson City Council voted unanimously Thum iy night
to hire an attorney to represent the council mem ers and
former members in a $2 million damage suit file< against
them in Federal District Court in Fort Worth I Frank
Proctor Jr. 4
The former city manager resigned in 1974 uring a
controversy over an auditor’s refusal to certify 1 e city’s
financial balance sheets. |
Also named in the suit were the city’s depositc y bank,
the city’s auditors prior to 1974, and Proctor’s ass stant at
the timer Larry Fergason. He was the city finance lirector.
Fergason-after having been previously susper led-also
resigned on the same night Proctor read his stat ment of
resignation.
Proctor alleged in his complaint that each council nember
at the time “was acting as a private person” and “< nspired
together” to deprive him unconstitutionally of hi job.
Following is the text of the complaint as deta ed in a
summons delivered to council members and others < 1 March
3.
All the fire departments in of money among the depart-
Johnson County are again ments and the division of the
responding to rural fires county into fire districts,
following the acceptance by
Cleburne last week of a new
contract which was offered
by the Rural Fire Commis-
sion.
The contract was largely
the result of a $20,000
“one-shot” appropriation
made to the fire district by
county commissioners. The
increase was substantially
less than the $100,000 asked
for in a revised contract
presented by Keene and
Cleburne, but Fire Commis-
sion Chairman Tom Little
told commissioners that it
might be enough to bring
county wide agreement until
fire district tax revenue
could be increased.
An increase in the county
assessment ratio has been
proposed to booster fire
district tax revenue, but this
would not make additional
funds available until Jan. 1,
1978.
The Cleburne Fire Depart-
ment had not fought a rural
fire since Oct. 31, 1975, and
had not agreed to a contract
with the fire commission
since 1973. Keene had also
not signed a 1976 contract
with the commission but was
still going to fires outside
their city limits.
All the other eight depart-
ments in the county-includ-
ing Burleson-had previously
signed a contract for this v
year. Burleson Fire Chief
Chuck Newby has signed the
contract and told the,
~^^er’^
departments including, the
Keene, had also indicated to
him that they would sign.
Main provisions of the new
contract concern the division
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if electricity.
[the city
1 conser-
10 action
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Hutson, Wayne & Moody, James. Burleson Star (Burleson, Tex.), Vol. 11, No. 21, Ed. 1 Thursday, March 18, 1976, newspaper, March 18, 1976; Burleson, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1283383/m1/1/: accessed June 22, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Burleson Public Library.