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Show in nrnTtitfii tn rjii'npui wnmriiri-gir- EMERY COUNTY PROGRESS LEADER THURSDAY JANWARY 17, 1973 PAGE 2 notices Legal in writing by the Planning Codll, prepare regulations govermmission. ning the subdivision of land wiB. Tbe subdivision is not trthin the city. A public hearing thereon shall be held by the City aversed by the mapped lines of a proposed street as shown on Council, after which the City the official map or maps of the may adop said regulations for the city. After the adomunicipality and does not require the dedication of any land ption of the regulations governfor streets or other public puing the subdjt Is ion of land within the city, no plat of a subdrposes. C. If the subdivision 1s locivision of iand lying within the city shall be filed or recorded ated in a zoned area, each lot in the meets the in the County Recorders office until it shall have been submittfrontage width and area requirements of thezonlngordlnance ed to and approved by said plaor has been granted a variance nning Commission and CityCofrom such requirements by the uncil; and such approval entered in writing on the plat by the Board of Adjustments created secretary of the PlanningCom-mlssio- n under the provisions of the zonand city Council; and ing ordinance. The city may ensuch approval entered in writing join such transfer or sale by on the plat by the secretary of action for injunction or may rethe Planning Commission and cover the said penalty by civil action. clerk of the city Council or other designated members or em8. DEFINITIONS. ployees. No county Recorder SECTION The term subdivision shall file or record a plat of a means the division of a tractor subdivision without such approval and any County Recorder parcel of land into three or more so doing shall be deemed guilty parts where the purpose, whether immediate or future, is that of a misdeameanor. The filing of sale or of building developor recording of a plat of a subment. division without such approval shall be void. SECTION 9. MAJOR STREET D. The Planning CommissiOFFICIAL MAP on, through its own initiative y, PLAN or by order of the city counFrom and after the time whcil shall make, adopt and certen the Planning Commission shify to the city council a zoning all have adopted a major street plan including both the full text of the zoning ordinance and maplan, the City Council may establish an official map ofthe whps, representing the recommeole or any part of the city thendation of the Planning Commission for zoning of the city. Be- retofore existing and established by law as public streets. fore enacting the zoning ordinance, however, the City Council Such official map may also show the location of lines of streets shall hold a public hearing thereon. At least fifteen (15) days, on plats of subdivisions which notice of the time and place of shall have been approved by the such hearing shall be posted at Planning Commission. The City Council may make, from time to least three (3) public places within the city. No materal chantime, other additions to or of theofficial map by ge in or departure from the text or maps as certified by the placing thereon the lines of proposed new streets or street exPlanning Commission shall be made after such public hearing, tensions, widening, narrowing, or vacation, which have been cuunless such change or departure first be to the rrently surveyed and definitely Planning Commission for its located, provided however, that before taking any such action, consideration and recommendthe City Council shall hold a puations. blic hearing thereon; and proviThe zoning ordinance, inclded further that such proposed uding the maps, may be amendaddition to or modification of ed from time to time by the Cithe official map shall be submty council after fifteen ( 15) daitted to the Planning Commissys notice and public hearing; ion for its approval. Placing of but all proposed amendments any street or street lines upon si all be submitted first to the the official map shall not in and Hanning commission lor its which shall of itself constituteorbedeemed be returned to the City Council to constitute the opening or est- for its consideration within thon ointed for four (4) years and two (2) shall be appointed for six (6) years. Thereafter, the ter ms of office for each appointive member shall be six (6) years. Vacancies occuring otherwise than through the expiration of term shall be filled by appointment by the Mayor, with the consent of the City Council. Members may be removed after public hearmg, by a majority vote of the CityCouncil. NO. 34 ORDINANCE AN ORDINANCE CREATING A PLANNING COMMISSION: SETTING FORTH THE DUT- IES AND POWERS OF SAID PROVIDING COMMISSION: FOR THE 1 REPARATION OF DEFINING REGULATIONS: THE TERM SUBDIVISION" PROVIDING FOR THE PREPARATION OF A ZONING PROVIDING F-THE ADOPTION OF AN OFFICIAL MAP; REQUIRING CONFORMITY TO THE MASTER PLAN: AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF. SECTION 3. ORGANIZATION-MEETING- S. The planning commission shall elect its members a Chairman and and shall adopt rules forits own organization and for the transaction of business not in conflict with ordinances or laws. It shall also keep a public record of its proceedings. BE IT ORDAINED BY THE COUNCIL OF CASTLE DALE, UTAH: CITY SECTION 1. CREATION OF PLANNING COMMISSION. 4. EMPLOYEES EXPENDITURES SECTION There Is hereby created a Planning Cmmission within and for Castle Dale City to be known as the Castle Dale City Planning Commission, said Commission shall consist of seven (7) members; one (1) to be designated from among its own members by the City Council and six (6) to be appointed by the Mayor with the consent of the: City Council from among qualified electors of the City. Members shall be selected without respect to political affiliations and shall serve without compensation, except for reasonable expenses. SECTION 2. TERMS OF OFFICE. The planning Commission may appoint employees and may contract with City Planners and other consultants providing its expenditures, exclusive of gifts, shall be within the amounts appropriated for the purpose by the City Council. SECTION 5. DUTIES AND POWERS OF THE PLANNING COMMISSION. mod-ificat- A. It shall be the function and duty of the Planning commission to make, adopt, and certify to the City Council a master plan for the physical development, of the city, includlngar-ea- s outside of its boundaries in the planning Commissions judgement bears relation to the planning of Castle Dale City. Where the plan involves territory outside of thebounda-rie- s of the city, action shall be taken with the concurrance of the County of other legislative body concerned. The master plan with the accompanying maps, plans, charts and descriptive explanatory matter, shall show the planning commission's recommendations for the physical development of the city and may include, among other things, plans with respect to the pattern and intensity of land use, plans of the general location, character, layout and extent of neighborhoods and the extent and layout of the of blighted areas. The Planning Commission may, from time to time, amend, extend, or add to the plan or carry any part or subject matter into greater detail. m preparing the master plan, the Planning Commission shall make careful and comprehensive surveys and studies of the existing conditions and future growth of Castle Dale City and its environs. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted and harmonious development of the city in accordance with existing and future needs. B. The planning Commission may make reports and recommendations relating to the plan and development of the city to public officials and agencies, civic, educational, professional, and other organizations and citizens, m general, the planning Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planting. C. From and after the time when the Planning Commission shall have adopted a major street plan and shall have certified the same to the City Council, the Planning Commission, through its own initiative may, or by order of the City Council sh- ich The term of office for the city Councilman shall correspond to his tenure of office. The terms of office for the appointive members of such commission shall be two (2), four (4) and six ( 6) years, two (2) shall be appointed for two (2) years; two (2) shall be app- - a-- nd EMERY COUNTY PROGRESS-LEADE- R A weekly newspaper established in 1899 publis- hed every Thursday and enter el as Second class matter at the Post Office in Castle Dale, Utah 84513 under theact of Congress March 3, 1879. Publishers; Pete Jones Kimble Larsen Editor; Elizabeth Hanson, 687-29- 82 Associate Editors; Anne Larsen, Kathryn Jones SUBSCRIPTION RATES Emery county $4.00 year; 2 years, $7.50; Outside Emery County, $4-year. All subscriptions are payable in ad- 50 vance. DEADLINES: Advertising, Monday 5;00 p.m.; School News, Friday at 5;00 p.m.; Social News, Monday 9;00 a.m. All other news & classified ads, Monday 5;00 p.m. Pictures, Monday 5:00 p.m. All deadlines advanced one day when a holiday falls during the week. PLEASE BE ON TIME' if "UfCf tfSS january clearance JAN. 14 THRU 19 25 off Drapery Reminants 10 off Decorative Trims 30 off Lamps 6' round area rugs, Reg. $50. $30.00 Brown Pres. Eucalptus, reg. $90.00 $165.00 0. Bamboo Bird $30.00 Pres. Brown Floral Arrg.Reg.- $45.00 $25.00 Wall Hangings 15off cage--R4e0- Kirsh apery & Graber Decorative Dr- Rods Discontinued off 10 carpet samples- ea. 49 All of our present display dows will be sold at cost. win- These are actual sized window treatments bring your measurements and save! i i i i ! All wallpaper ordered during this week long c- learance sale will be di- s counted 10! i j i j X2 irty days. regulations included ( 30) All the zoning ordinance and maps shall be made in accordance with a comprehansive plan designed to lessen congestion in the streets, secure safety from fire and other dangers, promote health and general welfare, provide adequate light and air, prevent the of land, avoid undue concentration of populations, and facilitate adequate provision for transportations, water, sewage, schools, parks, and other public requirements. such regulations shall be made with reasonable consideration, among other things, to the character of the zone and its peculiar suitability for particular uses, and with a veiw to conserving the value of buildings and encouraging the most appropriate use of land throughout the city. SECTION 6. CONFORMITY TO MASTER PLAN REQUIRED-EFFE- CT OF DISAPPROVAL-SUBMISSI- ON over-crowdi- ng NOTICE TO CREDITORS OF MARY LOUISA ESTATE JOHNSON, DECEASED: Creditors will present claims with vouchers to the undersigned Administrator at the office of Mack V, Bunderson, his attorney, 12 Courthouse, Castle Dale, Utah on or before the 28 th day of March, 1974. Claims must be presented in accordant ce with the provisions of Utah Code Annotated, 1953 and with proper verification as being the owner nd located in a subdivision within any area for which a major street plan lias been adopted by the Planning Commission and City Council except for land located in a recording subdivision, transfers or sells such land without first preparing a subdivision plat and having such plat approved by said planning Commission and City Council, and recorded in the office of tiie county Recorder, shall be guilty of a misdemeanor for each lot so transferred or sold; and the description by metes and bounds in the Instrument of transfer or the document used in tiie process of selling or transferring shall not exempt the transaction from such penalties except that in subdivisions of less than ten ( 10) lots land may be sold by metes and bounds without tiie necessity of recording a plat if all the following conditions are met; A. Tiie subdivision layout shall have been first approved For the purpose of preserving the intregrity of the official map, the City Council may provide by general ordinance that no permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street as shown on theofficial p. Any such ordinances shall provide that the Board of Adjustment created under the provisions of the zoning ordinance shall have the power upon an appeal filed with ,t by the owner of any such land, to authorize the grant of a part for a building or a structure or part thereof within any mapped street location in any case in which the Board of Adjustment, upon the evidence, finds; A. That the property of the appellant of which such mapped street location forms a part will not yield a reasonable return to the owner unless such permit be granted, or B. That balancingthe interest of the municipality in preserving the intregrity oftheoffi-c- al map and the interest of the owner in the use and benefits of the property, a grant of such permit is required by consideration of justice and equity. Before taking any such action, the Board of Adjustment shall hold a public hearing thereon. In the event that the Board of Adjustment decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height and other details and conditions of t lent and character, and also the duration of the building, structure, or part thereof to be permitted. m-a- fast game of tag streaks the ice skaters about the canal. Nearby a fire serves as defroA sters. A thermos of hot choco- - building activity within the City of Castle Dale, and in veiw of the impending development which will likely occur, it is the opinion of the City Council that an emergency exists and that the SECTION 11. SEPARABILITY peace, health, safety and general welfare of Castle Dale city If any section, subsection, and its inhabitants require the adoption of this urr.nnce imsentence, clause or phrase of ordinance is for any reason mediately. held to be unconstitutional, such Therefore, this Ord, nance decision shall not affect the valshall take effect upon its passidity of the remaining portion of ive and posting in threa public the ordinance. .s within the City. SECTION 12. CONFLICTING ORDINANCES. Any ordinance or parts of in conflict herewith are hereby repealed. PASSED BY THE CITY COUNCIL OF CASTLE DALE, THIS 5 DAY OF NOVEMBER, 1973. WM. F. JORGENSEN MAYOR SECTION 13. PENALTY Violation of any of the provisions of this Ordinances shall, upon copviction , be punishable YTTEST: MARGARET RECORDER MAGNUSON as a misdemeanor. Published in the Emery County SECTION 14. EFFECTIVE DATE. m veiw of the increase in Progress-Lead- January er 1974. 17, s Clyde U. Johnson Administrator Published in the Emery County Progress Leader December 27, 1973 and January 3, 10 and 17, 1974. N, membership. R. MERRILL ALLRED SECRETARY published in th Emery County Progress Leader January 17th and 24th , 1974. LETTER TO THE BYU in preserving of ancient Indian culture before its destruction by quote exploration for new sources of gas and oil. ( Per Salt Lake Tribune Jan. 10,1974) There has been for sometime, pressure from the BLM to restrict private citizens from doing this very thing! Most, if not all of the artifacts and rock collectors, do not just store their treasures In the musty basements of colleges but proudly display their treasures and make them available for study to everyone interested, colleges are well known to hoard collections, stacked in crates and cardboard boxes in comers for use of some dim future posteritj. It would seem Inconsistent that the citizens to whom the BLM lands technically belong, should not have the rights to preserve and pursue their innocent past time, while some oil company can drill, blast, bulldoze, and dispose of drilling wastes, wrecking forever the land. However, joe Blow the common citizen must not tread the land, or if he does, not, bend over and pick up a thing! The Lapidary Journal , blble to rockhounds and collectors, has in the last two years had several excellant articles, appealing for unity of purpose between universities, the public and the BLM. The Universities claim the people are wrecking everything and it all belongs to them for scientific research. The Bureau of Lands Management claims everyone is wrecking everything and it all belongs to them to lease to cattle s. and sheep men or mining The private collector claims he has a right to every -thing and the universities and the BLM is snatching his public lands and fencing him out. It is, however, a well known fact that some of our great archeological and geological discoveries have been made by private collectors who have turned them over to universities for exploitation. inter-erest- EDITOR Examples are, locally, Mr. Carlyle Jones, castle Dale, discovery of dinosaur egg fragments and Mr. Ed Jones, Delta, Colo, discovery of portions ofthe largest dinosaur ever found on earth. If one wonders just how great these discoveries, a recent TV coverage was shown on the Delta. Colo, discovery and it was a feature article in Readers Digest. It was the find , first of a rock collector, not a university. The February 1974 issue of National Geographic features an excellant article The Glittering World of Rockhounds , giving rockhoun-din- g a noble name and cause instead of th usual deprecatory inferences used by some hirockhound going ghly educated under the name palentologist or mineralogist or geologist. Some of the finest gem , mineral and artifact collections in the world are owned by private individuals , some who have built museums and privately maintain them for public enjoyment. Usually in due time these collections are donated to states or colleges. So, lets give some credit to the collector. It is impossible for one man at one college to "scout the country. Usually his information has been donated by some public spirited LUE-LL- 75-9-- Florence Ruth Administratrix s published progress 24, 31 Poulos in the Emery count) Leader January 17, and February 7, 1974. by Lucy Nielsen A welcome visitor sat. evening was George Magnuson of Dale. His friendly voice and handshake are enjoyed by all of us. Thanks George and corn-' agau. s now , were set ahead 'ay morning, so eads are coming . ' rs. Norman Flll- luora ana children of Lawrence visited his mother Emma, sun-day and Sharon and Reve Fillmore brought two dozen lively gold fish to swim in our newly installed display. Thanks ladies, you are so kind to us. Visitors from Emery Sunday were Mr. and Mrs. Arthur Anderson and mr. and Mrs. wif Thanks for your visit folks, Come again. Mr. and Mrs. Newell Koffo rd of castle Dale came to see his mother Sydonia on Sunday. Mr. and Mrs. Clyde Funk of er Ferron visited his mother arm a few days ago. It wasnt broken. Flossie enjoyed the visit of her daughter and children Mrs. Melva Simonson, Sunday. Mr. Ross Anderson visited his mother Armenta Monday evening. A joyful afternoon Monday, when Arlene, Opal, and Alice came to visit everyone. They played bingo. On account of the storm the RSVP Ladies could not get here. We missed them. Thank you dear ladies, your visits shorten these afternoons for us. up by industries who placate by show of interest to the BLM and universities. For each one a thousand more discovery will disappear in the grinders. Whole Indian Villages have been bulldozed in Nevada by a r-- eal estate developers. One wonders what these interests use to placate the BLM. Could it be the same thng they use near Escalante where private interests truck out hugh petrified trees to be cut up for store fronts in California. And even so, perhaps more people will see a store front in Calif, than will ever see a petrified tree available only by 4 wheel drives or donkey in the washes of southern Utah! Virginia Talbot PRECISION-BIL- T BY INTERMOUNTAIN italization. Mrs. Emma Barton of Fer- ron came to visit us and tell Fl- ossie about her winter holiday in Calif, where he enjoyed the sunshine and picked oranges. She brought some to Flossie. Wed. Faye and Billie came from Price with films, Shopping in Japan; and Bees for Hire; We saw the beauty of Japanese handiwork and th coutesy of salespeople. And how alfalfa growers in Calif improve their seed crop by hirelng colonies of honeybees scattered through the Until the airplanes, insect dusters came, Emery County was famed for its honey. They ruined honey crops. Mervin enjoyed his visit wi- th his son Dixon Peacock of Orangeville Wed. afternoon Isabelle Guymon returned to the Home after a weeks visit with her daughter Bertha in Orangeville. Mae welcomed friends Rachel Nielson , Evelyn Anderson and Eloise Christensen from P rice Friday. We welcome Connie back to our staff thats basically for the birds is that an albatross hovering above a ship would bring on bad weather! A belief & Wedding Dresses . HARRIS STYLE SHOP 48 South 3 East Price tor EXCELLENCE PRECISION-BILTillES- HOMES m Quality and Experience are two words in describing Precision-Bil- t sold by Mel Coon rod Phone 653-261- 7 AAel can guarantee delivery in 4 to 6 weeks. Display Home in Elmo can seen by phoning for ap- be pointment. and plans or yours. ot building 40 acres available. 2,3 Ware-ha- m ofattend-ent- s. Visiting Agnes, Friday were Mr. and Mrs. Dordene .Jewkes of Green river, Utah. Formal Wear the schools to remember, more flies are gathered with oney than vinegar. This subject . nould be of particular interest to Utahns as our land has been extensively land staked by oil and mineral interests. Almost all these interests are contained on BLM lands that contain archeological and geological Interests. Nice thatthe oil maggots want to help us save these priceless artifacts before they bulldoze up a whole canyon and digest it on the conveyor belt of an oil shale The time Ls close when the only rocks left will be those preserved by private collectors. As more national crisis demands the exploitation of more and more land, more will be gobbled preliminary work is being done on the installation of an interior sprinkling system for prevention within this home building. We were glad for the visit of Tess Caldwell of Ferron on Wed. Dr. Hooker and LPN Del Hamman paid us their regular weekly visit Wed. They paid attention to Armenta, who had the misfortune of falling and breaking her wrist. She improved so much in health and mobility from her recent hospire awak In this vein, it might belioo-- e research project. om small private ponds to the of Desert Lake. Too soon the winter wanes and the ice departs. Try the Waltz while you can. Nursing Home collectors. NOTICE TO CREDITORS ESTATES OF BENJAMIN MERRILL TUCKER, also known as A MERRILL TUCKER, and BLACK TUCKER, also known as LUELLA TUCKER, husband and wife, both deceased; Creditors will present claims with vouchers to the undersigned Administratrix at the offices of Mack V. Bunderson, her attorney, 12 Courthouse, Castle rale, Utah, on or before the 18th day of April, 1974, Claims must be presented in accordance with the provisions of 5, Utah code Annotated, 1953, and with proper verification as required threln. Ice skating late and bag of marshmallows would mesh well. Emery youngsters are finding theaccesslble ice rinks. 1 r- - An-h- With gratification it is noit-th- at one of our great oil companies is doing Its thing By-la- Whoever 10. BUILDING PER- required therein. 5, or agent of the owner of any la- SECTION MITS. 75-9- -5, NOTICE TO CREDITORS ESTATE OF CARL E. NEIL-SETO PLANNING DECEASED: Creditors will present claims with vouchers to the undersigWhenever the City Council ned administrator at the office shall have adopted a master of Therald N. Jensen and James plan or any oart thereof, then T. Jensen, his attorneys, 190 and thenceforth no street, park, North Carbon Avenue, Price, or otherpublic way, ground plUtah, on or before the 28th day ace or space, no public buildings of March 1974. Claims must be or structure and no public util- presented in accordance with Utah ity. whether public or privately the provisions of owned, shall be constructed or Code Annotated 1953, and with authorized until and unless the proper verification as required location and extent thereof shatherein. ll conform to said plan or shall have been submitted to and appIvan K. Nielsen, Administrroved by the planning Commisator. sion, provided that in case of diPublished in the Emery County sapproval, the Commission shall communicate its reasons to Progress Leader December 27, the City Council, and such body, 1973, and January 3, 10, and 17, 1974. by a vote of not less than a majority of its entire membership, shall have the power to overrule LEGAL NOTICE the Planning Commission, Upon such overruling, the CityCounYou are hereby notified of cil shall have the power to prothe Annual Meeting of the Meceed. The acceptances, widenmbers of the Emery county Faing, removal, extension, relocrmers Union Telephone Assocabation, narrowing, vocation, iation to be held at the Emery andonment. change of use, ac- Church House, Emery, Utah on quisition of land for or sale or Monday, January 28, 1974, at the lease of any street or otherpuhour of 7;30 p.m.. This meeting blic way, ground, place, prophas been called by the Board of erty or structure shall be subDirectors pursuant to Article to simlliar submission and ject 111, section 1. of the a and to failure apprapproval of the Association for the purove may be similarly overrulof conducting the regular ed, The failure of the Planning pose whCommission to act within thirty business of the Association ich includes the election of 3 (30) days from and afterthe date of official submission to it members to the Board of Directors; one Director to be elecshall be deemed approval unted from District No. 5, one a less longer period be granted to be elected from Diby the City Council. strict No. 6, and one Director at Large to be elected from the SECTION 7. TRANSFER OR SALE OF LAND WITHOUT APPROVAL AND RECORDING OF SUBDIVISION PLAT A MISDEMEANOR. abllshment of any street or the taking or acceptance of any land for street purposes. Upjn the adoption ofthe ordinance creating an official map, the City Council shall direct that said ordinance be recorded in the office of the county Recorder. our lots |