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Show w joD. Bountiful, Vol. 4 No. Contarvill, Cloarflold, Clinton, Farmington, Fruit Hoighrt, Kayivillo, Layton, Roy, South Wobor, Sunwt, Syracuto, Woit Point, Wet Bountiful, Woodi Crott Serving 44,026 Families From Roy Through Bountiful 1 Wednesday, January 5, 1 983 ?GS0(ofeflfc 5 IFeair fitinuraeimtimin j? Trmfo Phimti Bitie insisted the reasons for annexing the land were to give the city CLEARFIELD Notices an- control over its water storage nounced it as a public hearing to tanks and to avoid paying the discuss the annexation of 10.5 county property taxes on the acres designed to bring Clear- land in 1983. Because of the passage of field Citys water tanks into the Proposition One last November, citys boundaries. a government entity which But the meeting and its repercussions exceeded prior billing owns property in another entwhen residents concerned itys boundaries can be assessed that a county garbage-burnin- g property taxes on the land. Starks took the blame for the plant may be destined to be and said' he coincidence built on the land voiced their objections. After the meeting, thought the city had annexed some residents said they will the land in 1975, but recently file a lawsuit to stop the $33 discovered the land still belongmillion refuse plant if Clearfield ed to Davis County. Its a coincidence that it is combined with gives its approval for construcscuttlebutt going around with tion. The annexation is just a foot the plant, he said. But Floyd Erickson of Clearin the door, said Shirley Reed of Clearfield. Mrs. Reed added field said he had heard from that, a group of residents will sources in the county that it meet sometime this week with planned to build a refuse burn Robert Campbell, attorney for a plant at the UDOT location. I group of Layton residents which would hate to live in a city callalso threatened a lawsuit to stop ed the garbage dump of the the plant from being built in Wasatch Front, said Erickson, By KENT SOMERS Roviow Staff i - and thats what the city would Layton. We are putting together the be if the plant was built there. Councilman H. Kay Chandler facts and our position and what recourses we have, said Mrs. questioned Ericksons sources and said the possibility of a Reed. The 10.5 'acres includes land plant is still being studied. To owned by the Utah Department say its on the board and ready of Transportation land that to go hes kidding you. Betty Erickson said a plant in was recently chosen by a site selection committee of the Clearfield would be a black eye for the city and asked the Davis Solid Waste Management site Board the as mayor and councilmen how prime Project they felt about building a for the proposed garbage-to-- . e-burning plant. energy plant. said he didnt feel Hamblin, Hamblin E. Neldon Mayor but said it or another one way and councilmen denied the prowas his every ciunderstanding first was the annexation posed must in Davis agree County step in building the plant at the ty site. City Manager Gayle Starks to dump its garbage at the . , garbag- fey yi? tf Ajpipeeol Dedsin By SHELLEY KANCITIS Review Correspondent deter-minatio- n, ROY Roy Citys decision to appeal the overruling of its de- cency r, '!) ordinance may have re- . al . i By SHELLEY KANCITIS Review Correspondent percussions for the city and its residents. an indecent program to the The most obvious potential consequences of peoples be- impact is financial. Before an havior or as a result of watching insurance company was selectthe program. ed by Roy City this year, variis anti-soci- v re-zo- fl Amid a background of flaring tempers and quiet a the Roy City Council Implicit in the question voted to appeal U.S. District basic assumption made by the Judge Bruce Jenkins ruling council when formulating the the linking of expothat Roy Citys decency ordi- ordinance nance is unconstitutional. sure to indecent material behavior. Despite Jenkins ruling, the with . council remains convinced they ' In a lengthy preface to his motion for appeal, Councilman have a valid and significant legal case which is supported by an Lynn Taylor reiterated this conoverwhelming mandate from cept when he said, We continuRoy citizens. The case will now ally ask for cures for the disbe appealed to the 10th Circuit eases of our society. Must we not strike at the root cause of Court of Appeals in Denver. If the city had not voted to the disease? Taylors remarks appeal the ruling, Roy City at- were loudly applauded. Following the motion, Ralph torney Roger Dutson said it would be an admission the city McCleary, a Roy resident who is a plaintiff in the ACLU suit had overstepped its bounds. He also believes Roys decision against Roys ordinance, asked to appeal will strengthen the whether the council eventually state legislatures position if it intended to regulate areas such as material sold in videotape enacts similar legislation. Dutson plans to base the appestores. Councilman Wayne al on previous arguments with lumber responded the council an additional response to Jenk- would wait to see the outcome of ins contention that cable is not ' its appeal. If we can, then a broadcasting medium. As maybe we will, he added. stated previously, Dutson beIn the meetings most heated lieves cable has many characMcCleary probed the teristics of braodcasting media, exchange, council about differences betparticularily in reference to its ween daytime soap operas and pervasiveness or widespread indecent material on cable usage. ; television. After several mibeDutson told the council he nutes of discussion, Councilman lieves the central issue of the Richard Tubbs said McCleary case has not been adequately was asking irrelevant quescoma of extent addressed, the for a vote. and called tions munitys right to control soft When said he was a core pornography on cable tele- citizen McCleary to ask quesentitled and vision. The real argument is : Tubbs emphatically said, tions, Can you make sex a spectator I dont have to answer. sport and then argue under the McCleary suggested he leaves First Amendment that a cable while he addressed the other company can profit from discouncilmen. tributing it in Roy City? When Mayor Jack Pierce anCouncilman Lavar Smith ask-e- d whether the perv-ex- nounced the motion had passes, the crowded courtroom errupt-e- d asiveness issue could be with applause. tended btyond initially viewing ROY plant, or it wont be built. But, said Hamblin, if a plant is proposed and the city is asked to the area, Clearfield would have more control over what property is used for the plant than it would if the 10.5 acres remain in unincorporated Davis County or are annexed by another city. Only two of the dozen residents at the meeting disagreed with the annexation. I think it is better to have the ous companies were questioned about the extent of their civil rights coverage if a city was involved in a lawsuit. , After receiving written responses, Olympus Insurance land annexed and deal with the more about the plant than they people that represent us, said disclosed in the meeting. The Donald Cramer of Clearfield, mayor and other councilmen but added that he is opposed to were sadly misinformed, the plant. It will greatly in- said Reed. Some of them crease dumping traffic because didnt know that was the prime of the garbage hauled into the site. But city officials insisted at site. It will reduce property values and create a degree of the hearing that the plant was not the issue, but rather, if nuisance, he said. Kenneth Reed said Council-ma- n Clearfield City should not annex John A- Beutler, a member the land and pay Davis County taxes on the water tanks and if of the North Area Refuse the tanks should be within the know and Starks Board, 1C The council voted unanimously for the annexation declaration policy. After the declaration is filed with the county, any entity has five days to protest the declaration. If no protests are lodged, the city council will vote on the annexation at its Jan. 11 meeting. Mrs. Reed said a lawsuit will definitely be filed if the city clears plans for the plant to be built. - Dis-pos- al Agency in Salt Lake City was selected. A letter written by David Child, an agent for the firm, states he believes Roy is fully covered regarding fees incurred by a lawsuit, but there has been no formal response as to the exact extent of coverage. When questioned about the amount of Roys coverage, Child said, We dont want any publicity; no comments at all. One source said the firms attorney advised Olympus not to talk to the media about Roys policy. Child would not reveal the name of North Ogden, which is not covered by insurance in its decency suit, expects to pay $100,000 to $150,000 if the city loses. The money would primarily be used to pay lawyers fees for Community Television of Utah, the cable firm which brought lawsuits against North Ogden and Roy. In Roys case, Judge Bruce Jenkins, who ruled against the citys ordinance, has not made a decision about awarding legal fees. Roger Dutson, Roy City attorney, said he does not know when the decision will occur. the firms attorney. If Roys insurance does not cover all legal expenses, which currently are minimal and involve the cost of duplicating leg- al documents, Roy City will have tofund the remaining amount. There are seyeral methods of generating needed revenue. Currently appropriated funds could be transferred to meet legal costs. An example would be if money were designated to buy a new city vehicle. Instead of buying a vehicle, the council could decide to use the money for legal fees. . A second method of generating funds would be for the council to open the general fund and apprdve an increase in revenue. Housing Budgeis Reprieved By KENT SOMMERS Rtvitw Staff Not only diJ a recent conFARMINGTON tinuing resolution passed by Congress give the federal government money to operate on, it may save the Davis County Housing Authority from cutting budgets on two construction projects. Congress mandated in the fall that 15 percent of construction budgets should be sliced off all public housing projects that had not gone to bid. The housing authority was faced with trimming $45,000 from a low and moderate income project and $99,000 from an elderly housing project. But thanks to a clause tacked on the resolution, the 15 percent cut may never take place, according to Rosemary Davis, executive director of the Davis County Housing Authority. The language is rather vague, explained Davis. It is constructed to direct HUD (the department of Housing and Urban Development) that every reasonably viable new construction project should go to construction as soon as possible. Ms. Davis said HUD could interpret that to mean a 15 percent cut in Davis County projects budgets would be detrimental to the projects future. She said she expects an interpretation from HUD later this week. The Housing Authority received good news last week when Stacey Construction gave notice it would , stick by its bid for the unit project although the bid contained an $89,700 error. Stacey Construction was awarded a $1.3 million Business Classified ID 3D This action requires a formal request by the city council. If the council voted a revenue increase, they would have to find funding sources. Possibilities include an increase in property taxes or general fees such as for permits and business licenses. contract last month, $300,000 under the projects estimate, leaving the authority with only $45,000 to trim because of the 15 percent cut. Both projects were placed in jeopardy when Stacey Construction notified the housing authority of its mistake because the next bid was $89,900 over the Stacey bid and would have forced the authority to come up with an additional $188,000. Kent Palmer Construction of Salt Lake City submitted a low bid of $799,000 for the elderly housing project, $99,000 over the construc24-un- Mayor Jack Pierce said it appears Roys court costs will be covered. When asked what he thought the council would do if Roys expenses are not fully covered, he said, Well have to wait and see. it tion budget. If HUD rules the cut must be made, the housing authority will take the $45,000 for the family Aside from financial implica-tionbousing unit out of contingency line items, said a lengthy lawsuit also administrative assistant for the Jane Wilson, a large amount of monopolizes housing authority. The $99,000 for the elderly the time. In attorneys city come will of a from $59,000 transfer project money from a community development block Roys case, Dutson is the citys grant and $40,000 from contingency items. only lawyer. Although he is employed on a full time basis, Dus-to- n subtwo for been the have Contracts projects admits he has been forced to mitted to HUD, said Ms. Davis, and no problems many legal issues on the put in the are anticipated getting agencys approval. backburner while he works . The 15 percent cut would chop $346,000 from the family project and $64,000 from the elderly pro- on the cable lawsuit. ject, based on construction estimates. It boils down to priorities, said Dutson who noted other ciof the Twenty-eigh- t family housing proofficials have had to assist ject will be located at 2144 South Orchard Drive ty and the remaining 16 units will be at 425 West him in areas he usually handles. In addition to normal legal Center Street in Bountiful. The elderly project will be built at 313 E. 1450 N. needs, Roy is involved in an in Bountiful, adjacent to the Meadows, an elderly extensive redevelopment project requiring legal action. and handicapped project completed last March. s, 44-un- Homeliving . . . SchoolChurch Sports it A Hot Team index Bountiful got its first loss of the preseason when the Provo Bulldogs came into town citys jurisdiction. Davis County Projects Dcs Cite Craves looking for a win. Many of those concerned residents live in condominiums (left, background), along 700 South. The site is just west of 1200 West and east of interchange. ; yrt Coireyitf Department of Transportation shops (right, background). ANNEXATION of Clearfield miter tanks (foreground) into the city limits has caused concern among city residents because the property to be annexed also includes area designated as prime site for proposed county refuseburning plant. That property is now occupied by Utah 6C, 7C . . 78-4- 1C, 8 2C It isnt a good idea for a husband and wife to to- enjoy fighting gether but a couple in Roy look forward to it, as long as its a fire theyre fighting. . 4A r Hh . |