Burleson Star (Burleson, Tex.), Vol. 15, No. 43, Ed. 1 Monday, March 17, 1980 Page: 1 of 14
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City Gets Voting List After Court Action
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A breakdown in communication at
the Johnson County Courthouse is listed
as the prime reason why the City of
Burleson had to go to court late last
week to obtain a current voter registra-
tion list from the county. That list was
delivered to the city Thursday after-
noon and available Friday to the
Burleson Independent School District.
By law, the county is required to fur-
nish such a list without charge to all
government entities in the county by
the first day of the absentee voting
period. City and school board elections
in the county are slated for April 5 and
today (Monday) is the first day of
absentee balloting.
City Secretary Jean Phillips,
however, was told on Wednesday of last
week by the county tax assessor-
collector’s office that last year’s list
was the most current one that could be
provided.
After conferring with City Attorney
J.L. Phinney, an emergency session of
the city council was called late Wednes-
day afternoon to obtain authorization to
file a Writ of Mandamus in district
court to force the county to comply with
state law. Approval by the council of
the $75 filing fee was also needed.
‘‘I would not feel comfortable going
into the election without a current list,”
Mrs. Phillips told the council Supt. of
Schools Bill Stribling, who was present
at the meeting, agreed, noting that he
could foresee all kinds of problems.
PHINNEY SPELLED OUT the
specifics to the council, namely that the
door would be wide open for a lawsuit to
declare the election invalid.
“Everyone in the state has been re-
quired to re-register since the March,
1979 list was printed,” he said, which
meant that election officials would not
know with any certainty just who could
and who couldn’t vote.
Absentee voting could be begun under
such circumstances, he said, since
those votes are sealed in individual
envelopes until counted. By election
day, however, the election judge would
have to have access to a current voter
registration list.
Votes found later to be ineligible
could not be thrown out, he explained,
since voters no longer sign stubs and
there would be no way of determining
who cast what votes.
He added that he had been in contact
with Secretary of State Mark White’s
office where it was confirmed that the
city was entitled to the list and the only
choice open to the city at this late date
was the Writ.
“In my opinion, we cannot have a
valid election without this list,” Phin-
ney said in asking authorization to file it
in district court.
BY A 9-0 VOTE (Mike Arnold was ab-
sent), the council granted that
authorization and at 8:05 Thursday
morning, Phinney filed the Writ in
Judge C.C. “Kit” Cooke’s 249th District
Court.
Since this took priority over other
matters pending in the court, a hearing
was scheduled for 9 a.m. Friday morn-
ing.
Filing the Writ proved to be sufficient
to get appropriate action at the court-
house, though, and the court was not
required to take any action. At 4:10
Thursday afternoon a current voter
registration list was hand delivered
from Cleburne to the Burleson City
Secretary.
Council members had speculated that
the county could be having computer
problems again or that they lacked the
necessary manpower to put the raw
material on the computer. Had that
been the case, it “would have been their
problem, not ours,” Phinney said, and
the county would have been obligated to
hire the necessary part time help-or
whatever measures were necessary-to
comply with the law.
THE WRIT. WHICH was filed against
County Tax Assessor-Collector Dennis
McWilliams or his deputy, would have
been an order from the court for »
public official to take whatever steps
are needed in order to comply with
state statutes, Phinney explained.
The court does have enforcement
powers as well, he added.
Actually, however, the appropriate
information was in the county com-
puter all the time, said County Clerk
Joe Towns, who was instrumental in
settling the dispute. .1'
“All they had to do was push the right
button,” he said, “but there was some
kind of communication breakdown bet-
ween employees of the tax office and
the computer room.”
County taxman McWilliams, has
been in ill health and unable to keep
full-time office hours recently. He is not
seeking re-election.
S9
14 PACES IN 2 SECTIONS
MONDAY
EDITION
Newsstand Price
20c
BURLESON^STAR
For Mail Delivery Gall 295-5278
Monday, March 17, 1980 Burleson, Johnson County, Texas 76028
Vol. 15. No. 43
It s Inside!
SECTION A
Renfro-Clark Home..................2
Spelling Bee Champ..................2
Police Report........................3
Sports..............................4-5
Classified........................9-7-8
SECTION B
Dew Tell.............................1
Church News........................3
In Service............................4
Business Review.....................9
To Vote In Election
Current Card
Is Not Essential
If your name is one of the approx-
imately 6,000 that are on returned voter
registration cards in the Tax Assessor-
Collectors office in Cleburne, that
doesn’t automatically mean that you
will be ineligible to vote in the April 5 ci-
ty and school elections.
The pileup of voter registration cards
stems from the statewide re-
registration program conducted in
Texas this year. Many persons who had
moved or changed names did not
receive the new cards in the mail since
they could not be delivered as address-
ed and were not to be forwarded.
These names will not be on the voter
registration list received late last week
by the city and school district, but will
Business
Burglaries
Loss was set at some $600 in the
burglary of four businesses in Burleson
Plaza Shopping Center last week.
The burglaries were discovered
Wednesday morning as the stores in the
new shopping center opened. Police
believe the incident happened between
about 10:30 p m. Tuesday and daybreak
Wednesday.
Hardest hit was the Guys and Dolls
Shop which reported the loss of a
microwave oven valued at about $450
and some $45 in cash.
See Burglaries, Page 2A
be included on a “strike list” accompa-
nying the voter registration list, said
County Clerk Joe Towns.
Persons on the strike list will be
allowed to vote by the election judge
after they have filled out a new voter
registration form with the corrected in-
formation on their name, address or
precinct number, Towns said.
Even those who do not have a current
registration form (they’re yellow in-
stead of white like the old ones) and are
not on the strike list can vote if they
sign a sworn affidavit stating that they
are a registered voter and should be
allowed to vote.
Of course, falsely signing such an af-
fidavit could result in prosecution, he
added.
Although voter registration is cur-
rently handled through the tax
assessor-collector’s office, Towns may
inherit it before the year is out.
A recent state law permits the
transfer of that authority from the tax
assessor to the county clerk and that
switch seems a strong possibility for
Johnson County.
“Of course, it won’t happen between
now and the May 3 primary,” Towns
said, but added that he did feel it pro-
bably would occur after that election.
Before he would be interested in
assuming that added responsibility,
however, Towns said he would want ad-
ditional staffing, the county’s computer
problems straightened out and a com-
puter manager.
His office currently types up the voter
registration list before it is fed into the
computer, he said.
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A Long Wny Down
It’s a long way down—or up. depending on your perspective—from the top of the
slide in Warren Park but more and more area children have been enjoying sun-
shiny skies and moderate temperatures here recently by going to the park, fly-
ing kites and other activites. About to embark on the long trip down the slide is
Johsua Starkey, son of Mr. and Mrs. Tim Starkey of Rt. 5.
—Star Staffoto by Donnie Tucker
Cable TV Proposals Are Sought
A franchise for cable television in
Burleson may be granted by the city
council in mid-May.
At its meeting Thursday night, the
council officially approved the “request
for proposal” worked on at last week’s
workshop session and authorized the ci-
ty staff to call for bids. The bid, or pro-
posal, opening date has been set for
May 8. A franchise probably won’t be
awarded on that date, however, as City
Manager Mark Sowa has asked the
council to allow a consultant to study all
folks
by Star Staff
The new Burleson Public Library has
been doing peak season business, says
Librarian Sandy Babb, since opening in
its new facilities at 216 SW Johnson
near Warren Park.
To celebrate the new building and
hopefully to get back some overdue
books, there will be no fines until March
24, she said. Anyone bringing in over-
due books or putting them in the outside
bookdrop will not be charged.
The library also has new hours and a
new telephone number, she reminded
area residents.
Monday-Wednesday hours are 10
a.m. to 8 p.m.; on Friday, the library is
open from 10-5; and Saturday hours are
10-2. The library is closed on Thursdays
and Sundays.
The new telephone number is
295-6131.
the proposals and make a recommen-
dation to the city.
Cost of such a service would not be
paid for by the city, he said, but rather
from funds provided by the cable com-
panies. A $1,000 non-refundable deposit
is required in order to bid on the
Burleson franchise and an additional
amount of up to $5,000 can be assessed
the winning bidder to pay all costs of
awarding the franchise*
After the system is in operation here-
a year to a year and a half after the
awarding of the franchise--the city
will receive a three percent franchise
fee. That figure can be renegotiated
twice during the 15 year franchise
period if higher rates are permitted by
the state.
MINIMUM REQUIREMENTS of the
city include one public access channel,
one local government channel, one
local education channel, video produc-
tion equipment available for access
programming purposes, all broadcast
signals now required or permitted by
the FCC and a “PG key” which would
allow parents the choice of fixing their
television set so it would show only
G-rated movies.
The PG key was added to the list of
requirements at Thursday’s meetings
but would probably have been available.
anyway. Council members were told by
Andy Laurence of Storer Cable TV Co.
that he knew of no company that didn’t
already offer viewers that option. The
one time cost of securing the key would
be approximately $15 , he said.
Not a part of the minimum re-
quirements but something the council
would like to know each company’s in-
tentions on religious programming
(both national and local), X-rated
movies and service outside the city
limits.
Other services applicants might con-
sider include movie channels, play
cable (video games), origination/ac-
cess studios and mobile equipment,
weather service, sports channels, stock
market information, national and inter-
national news services, other access
channels, children’s programming and
origination capability from the library,
high school and city hall.
Most, if not all, the other services
listed will probably be included in most
proposals.
The city also decided, on a 4-3 vote, to
require the franchise winner to put up
a $200,000 performance bond while the
Burleson system is under construction.
IN OTHER ACTION Thursday
night, the council
-Authorized the staff to proceed with
specifications for a 16 inch water line on
the east side of IH 35W from the old
pump station in Tarrant County at least
to the fire hydrant at the point where
Tabb St. intersects the west side of the
freeway. If the cost is not prohibitive,
the city may continue farther south
with the water line in order to cross
Renfro St. before it is extended on the
east side of the highway.
-Agreed to the concept of turning the
old Renfro-Clark House into a Senior
Citizen Center (see separate story).
-Approved zoning changes on first
reading for two separate requests. One
is on S. Clark St. near the boys club
(single family to commercial) and the
other is for changes in 11 lots in a
triangular shaped area between the Old
Alvarado Highway, Baird Rd. and
Hurst Dr. All that property is presently
zoned single family and the owner has
requested a change to commercial and
multi-family.
A third request for zoning change was
withdrawn by the owner.
-Passed on first reading an or-
dinance setting the rates for electrical
permits and inspections.
See City Council, Page 2A
/
Woman Reports
Abduction Here
A Burleson woman in Tier 30’s was
assaulted Wednesday morning after be-
ing abducted at gunpoint when she
entered her car to go to work.
The incident started at about 5:30
a.m. Wednesday when the woman was
grabbed by the throat as she entered a
car parked in her driveway and was
told to start driving.
The victim told police she drove
toward Fort Worth on Highway 174
when the man told her to turn around.
She said the man told her to drive to a
location on a dirt road in the south part
of the city where he forcefully attemp-
ted to undress the woman and struck
her with a soft drink bottle.
The..wpp|n, who waajreated and
Double Murder
released after medical treatment, told
police the man wore a ski mask and
gloves. She described the gun as a
small caliber blue pistol.
She said the man ran toward
Highway 174 on foot and she drove
home where police were called and
medical attention sought.
Police say the man was described as
about 35 to 4dand about 5-foot-8. He was
wearing a black ski mask.
The victim said she was in the habit
of locking her car and believes she
unlocked it Wednesday morning.
Police said the victim told them the
man was laughing during the assault.
They said no rape or robbery was in-
volved in the abduction
Jury Selection
To Begin Today
CLEBURNE-Jury Selection in the
double murder trial of David Wayne In-
gram gets underway here this morning,
(Monday) at 9:00 in the courtroom of
249th District Judge C.C. “Kit” Cooke.
conviction would be 99 years or life in
the penitentiary.
A capital felony-one that can carry
with it the death penalty-is the murder
of a law enforcement officer or fireman
Ingram has been charged with two ~or ® mm"der committed in the act of
counts of murder in the deaths of his robbery or rape.
wife and five month old son on Jan. 23,
1980. The state will charge that the
unemployed Cleburne man strangled
his wife Joyce and suffocated the cou-
ple’s small son, David Wayne Ingram
II. Both bodies were recovered Jan. 24
in the Nolan River.
Defense attorneys are expected to
enter a plea of insanity.
District Attorney John McLean and
County Attorney Dan Boulware will
prosecute the case while Mike Rogers is
the lead attorney for the defense and
will be assisted by Curtis Pritchird.
Some 400 prospective jurors have
been summoned and Judge Cooke said
the court would remain in session until
late tonight if necessary to select the 12
persons who will hear the case.
It’s the first murder trial in the 249th
Court since Judge Cooke has been on
the bench, but it’s not a capital felony,
he said. The maximum penalty upon
The case has received widespread
publicity and security in the courtroom
will be tight, said Judge Cooke. Women
will be asked not to take their purses in-
to the courtroom and all persons enter-
ing the room will be screened by metal
detectors.
A missing persons report was issued
on the two victims on Jan. 24 after the
woman’s 14 year old son by a previous
marriage was unable to locate his
mother and brother. The unclothed
body of Mrs. Ingram was found shortly
after noon on that date by a dairy
farmer from Rio Vista.
The baby’s body was found late that
night about three-quarters of a mile
downstream. He was wrapped in a
black plastic bag.
Ingram was picked up by officers at
the family residence about 6:30 on Jan.
24 and placed under arrest later that
night by the Johnson County Sheriff’s
Department.
A.8.L.E.S.
Rural Ambulance Service
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ship Application AnilaMs Hn
Membership
Drive Set
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Another big membership push Is planned by ABLES on March 22-23. Tablet will
be set up In front of Burleson business establishments on Saturday, March 22,
by the group which is raising funds to insure prompt emergency ambulance ser-;
vice to the rural areas. Then on Sunday, residential areas will be contacted by
phone and personal visits to increase the membership. Also, posters such as
this one are being put up all over town. Membership forms are available on the
poster. Putting up a poster here are (1-r) Sharon Oates, Maryane Baker and
Suzan LaVoy, membership committee vice-president.
-Star Staffoto
; ■. -TTS ’
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Hutson, Wayne & Moody, James. Burleson Star (Burleson, Tex.), Vol. 15, No. 43, Ed. 1 Monday, March 17, 1980, newspaper, March 17, 1980; Burleson, Texas. (https://texashistory.unt.edu/ark:/67531/metapth761213/m1/1/?rotate=90: accessed June 28, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting Burleson Public Library.