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Show lib u( Marriott 1F,00 E RMbU'-F- . U '95 Volume 101, No 19 -A 11 '005 SEP. ORDER 'EFT Nice Place To Live! Single Copy Price Wednesday, May 21, 2003 www.nephitimesnews.com TNC :561 ijC-U- RALTLAbE CiTf Serving East Juab County 003 C WTCT3--KIT84- unm Memorial Day services planned for u; .. 'i ' l a li ' r 1 l.VT - I '- . I v4'- jl'- - -. 1 The American Legion Post 1 of Nephi will hold military activities at the Nephi City Cemetery at 9:30 a.m. on Monday, May 26. Services will also be held at Vine Bluff Cemetery at 10:00 a.m. There will be a short program honoring all of our veterans. A v. i.. JU . . jr. ' . , rf V . . . ' ti v f 'T la , - hj , ' ts - A ,t iOH".?. t x- V ?- - a-- " -- .ViA5! v n 'V ,? 'if j ry,Y'XvW, f r ' rifle squad will fire a salute followed by the playing of taps. The American Flag, which has been at half staff since sunrise, will raised to the top of the flag pole until sundown. The public is welcome to t a ( o Monday, May 26th 21-gu- 50N y r; 'if V, i s 7 S "'T ' V ttyr GETTING THE CEMETERY READY Crews from Nephi City spruce up Vine Bluff Cemetery in preparation for Memorial Day this weekend. Service at 9:30 a.m. at Nephi C ity Cemetery and 10 a.m. at Vine Bluff Cemetery. to honor the Veterans will be held Ongoing dispute heats up Levan council meeting By Rebecca Dopp Times-New- Correspondent s Who has the rights to Rosebush Spring? This question is still unanswered and still a very hot topic with Levan Town council and the Levan Irrigation Company. Golden Mangelson, president of the irrigation company, offered a stipulated judgement for the council to consider. He said that it would be an opportunity to settle the case out of court. The two entities are in dispute over a claim on water in Rosebush Spring. The town filed a diligence claim on the water after being told by the state that nobody owned it. The irrigation company says that they have the claim on the water and that the town filed on it illegally. He said the only way to fight the diligence claim was in a court of law. According to Mr. Mangelson, he feels the diligence claim is inaccurate and what it does is ask for more water than the town has. said the state engineer, on the last issue of water use by the town on Cobble Rock Spring, put a writer on that and said under no circumstances was the town to increase their water right above the current water right. He felt the town applied for an additional flow of water that did not belong to them, but belonged to the irrigation company. Mr. Mangelson stated that the judgement would have the court adjudicate the water rights of the town and the irrigation company. He said that this judgement explains that the town should have a right to Rosebush Spring, and should be able to take .78 of a He second foot from the spring, if they want to, as well as taking that amount from Tunnel Spring or the town well The other water right the town could use would he from Cobble Rock Spring which already belongs to Levan Irrigation Company. He also stated that if the town uses that water then it should be replaced at the head of the irrigation system. He feels that this stipulation agreement will correct the discrepancy and lay out the rights of the town and the irrigation company and adjudicates them so that the town has the opportunity to take the water out of those sources and the irrigation company holds the rest of the water in Chicken Creek. Rvan Aagard stated that according to the State of Utah, Levan, right now, holds the right to Rosebush Spring and doesn't need to have the permission of the irrigation company to use the water. According to Mr. Forebush (state engineer), the claim right now is legal and binding, Mr. Aagard said. Why in the world would Levan, who is sitting on a 1.25 water right want to go to court to get a .78 water right? Mr. Aagard said that he knew a water attorney in Salt Lake City who could look at the issue and make an informed opinion as to what the town should do. He said this attorney would give the town his advice on how to pursue this matter. He said that the attorney told him he would charge the town $1,500 for his services. Mr. Aagard felt this was money well spent if it cleared up the whole dispute. He also said that if the attorney came back and said that the town had no right to file on the claim then he would drop the whole issue. If the two parties fight this matter in court, then it will cost the residents of Levan a considerable amount of money. Most people present at the meeting agreed with Mr. Aagard in hiring an attorney to look over the claims. They felt that this issue needed to be taken care of as soon as possible. The original claim by the city was made in August of 2001. Thecrowd persuaded the Mayor and eouncilmen Raul Mangelson and Ralph Brooks to vote for the town to hire a water attorney, up to $2,000, to look into the matter. Councilman Rod Wankier did not vote due to a time conflict. Mona Mayor questions use and cost of city attorney By Myrna Trauntvein Ti m Correspon dent es-Ne- Mona Mayor, Bryce Lynn, thinks the city uses the city attorney too often and that it is an expensive proposition. We should not contact Rhil Ixiwry, the attorney, on every issue that comes up. We can handle a lot of the issues ourselves. In fact, said Lynn, he objected to Ixwry being called the city attorney. However, an annul retainer is paid to I wry for that purpose and. therefore, the point is moot under terms of law. The question arose when Kverd Squire, treasurer, pointed out that the attorney had been working for the city a great deal in March and that there had been contacts between Rick Schnurr and Imry which the city had been charged for. Schnurr told the council that 99 percent of the bill for March was due to dealings with Dale Nelson who was objecting to the city allowing construction of subdivisions which would make property he owned landlocked because there would be no outside access to a roadway. For this reason, Nelson consulted his attorney and considered filing a suit against the city. Nelson had contacts with his attorney in this process and that attorney contacted Ixwry, the attorney of record for the city since he is listed as the attorney on retainer by Mona. In turn, after being contacted by Nelson's attorney, Iw rv had questions about facts, mentioned in old minutes, which Schnurr obtained, and, by so doing, saved the fees. It is true that 99 percent of the bill from Howard, Ixwis and Reterson had to Ambulance crew to work under own license in Levan Rebecca Dopp TinwsNcws Correspondent By The fate of Ivan s ambulance apjears to have been resolved. The Iwan Town council df idd to pursue its own license and work as a separate entity from the county. The ambulance had operating under the county's license. The tow n was doing their own billing and providing its own insurance: liability as well a coverage on the ehi le and all equipment on board. fx-e- n Bruee Row ley id that the county wanted to assume Levan s ambulance or have acquire its own liren-- e. lie said that it was up to the council to make the final decision, though. Ryan Aagard was concerned about having enough people to staff the anihuLnte. Mr. Rowley reported that there are currently five on staff with four more peoptle w illing to take the training in the fall. He stated that to get a license would co- -t about $500.00 for four years. Townsfxsiple felt that it would be a t raged v not to have an ambulance in town. They felt that the current KMTs w re doing a wonderful job and that it would be beneficial to the residents of tow n to have personnel who could respond quirklv to an emergency. do with Dale Nelson, said Schnurr. The $600 bill was caused by that situation, he said. Lynn said that he had noted that as well, that 99 percent of the bill was for issues concerning Nelson. Nevertheless, it was Lynns opinion that the attorney-shoulnot have been consulted and that the business could have been handled by the council or by himself. We should have handled the issues with Mr. Nelson ourselves and not got the attorney involved," said Lynn. I think we use him too much and that it is money down the drain." that this is Nelsons attorney contacting our attorney, Rhil Iiwry, and not us contacting Rhil Iiwry," You must realize, said Schnurr. That being the case, said Lynn, in his opinion the bill should be sent back to Lowry and he should be told to collect from Nelson. How was it that Iiwry was contacted on the issue in the first place? asked Lynn. Lynn thought that the city should have been allowed to handle the issue before the attorney was brought onto the scene. He is not our city attorney," said Lynn. Six County Association wants to start a self-hel- p housing project in area The main key players" would be USDA By Rebecca Dopp s Corresjxmden t Tl mes-Nc- Rural Development, the families. Six u Lynette Robinson, a representative of Six County Association of Governments, offered a self-helhousing project proposal to Levan council. The organization was contacted by USDA Rural Development to do a feasibility tody to see if they can support a project. is affordable housing Mutual self-helsweat equity". It would conM't through of nine families or individuals who would work together as a group under the guidance of a construction sujiervi-o- r to approximately 65n of the laUir on their homes. This lalxir not only acts as a downpayment, but can reduce the price of the home by as mui h as 20V p -- p er-for- County AOG and the communities. Rural Development would grant funds to run the program and pay staff, assist in recruiting and determining applicant eligibility, and provide mortgage loans for the families. Six County AOG would provide program management, recruiting eligible families, find amRor develop land and help families budget mortgage payments. The families would need to provide int to support a mortgage paycome and ment. but payments could lx subsidized up to the current rate of 6 and a low- as IV on the families incomes. This would d cri-di- - Sec Housing on page 2 J |