Show The long standing controversial effort to close 29th be- tween Harrison and Tyler begins another journey through the legal process Thursday And a second decision by the City Council to close the street undoubtedly will have to pass at least two court tests before becoming final A new request by the Ogden Board of Education to close the street where it dissects the Ogden High School campus is scheduled to come before the City Council at its first meeting of the year Thursday at 6 pm The board filed the new request after Second District Judge John F Wahlquist refused to let the City Council amend an ordinance closing the street that twice was declared unconstitutional by the Utah preme Court Su- The Supreme Court rulings resulted from an appeal by property owners in the area of a District Court ruling upholding the legality of an ordinance adopted by the City Council on Jan 11 1974 closing that block of the street and deeding it to the school district Continued property owner re- sistance is anticipated against further efforts to close the street and could hand the City Council its first “hot issue” of the new year If the City Council follows its normal procedure next Thursday it will refer the request to two bodies which previously have recommended against closing the street— the Ogden Plan one member abstaining While recognizing the school board’s appeal to safety the Planning Commission said “advantages to the school district are not substantial enough to warrant closing an established improved and long used street” At its Jan 11 1974 meeting the council received a unanimous recommendation from its ning Commission and the city administrative officers of 29th Although through the Ogden High School campus has been discussed over a number of years the current effort was initiated in closure 1973 early Throughout most of 1973 the closure was studied aired and reviewed by the City Council and the Planning Commission Finally on Oct 26 1973 the City Council tossed the issue into the lap of the new council that was to be elected the following month At that time the council asked the planning commission for a definite recom- mendation to be presented after new council members were administrative staff against closing the street City Manager Richard Larsen e document presented a supporting the recommendation of himself and other administrative officers urging the street be left open Mr Larsen said he and the city staff were sympathetic to the request of the school board but “see no overriding reason two-pag- seated the planning commission voted four to one against closing the street with On Jan 1974 2 for closing of a street that is serving a useful purpose and does not have an accident picture which warrants its closure” He noted that 29th “hasn’t had any serious accident history” while 28th has “all of the hazard potentials and is more narrow than 29th” At the close of that meeting the City Council adopted an ordinance closing the street by a vote 5-- 2 In offering the motion to Councilthe ordinance adopt man Robert H DeBoer outlined three reasons primarily involving safety of students attending the school and who use its recreational facilities A group of property owners in the area immediately filed 3oard 3-- 3-- At next Thursday’s meeting the council can take two actions on the new request to close the street It can deny the request which would end the matter at that point or it can refer it to the Planning Commission for a study and recommendation It can’t be ascertained at this point whether the previous recommendation of the commission will have a bearing on the council’s action Thursday Three members of the council which adopted the ordinance a year ago are no longer on the council— including the two who voted against it Those two were the late Herbert J Corkey Jr and Alex P Hurtado Councilman Karl O Macfar-lan- e who voted for the closing went off the council last IE! For Walilquist Job Final plans for a multi suit to halt the closing contending the council exceeded its legal authority District Judge John F Wahlquist upheld the city’s action which then was appealed to the Utah Supreme Court The Supreme Court subsequently ruled in a 2 decision that the city doesn’t have authority to give away the street and ruled the ordinance unconstitutional The Supreme Court granted Ogden City a rehearing on the case and then upheld its earlier decision by the same 2 vote Ogden City then attempted to amend its ordinance to merely vacate the street and let the land be disposed of according to another state law which says it would go to abutting property owners Judge Wahlquist denied this request mil- lion dollar expansion and remodeling of Wahlquist Junior High School will be presented to the Weber Board of Education Wednesday Approval by the board and subsequently by state agencies would permit construction to begin this spring on the project that Supt G Leland Burning-hais “hopeful will come in at around $2 million” The project will be done in stages to lessen impact on current use of the facility with completion anticipated in the fall of 1977 Presentation of the working drawings on this project by architect Sterling Lyon tops the m B—SECTION IB JANUARY 6 1976 TUESDAY EVENING n S is being improved and expand-- 1 ed to provide for better com-- 1 munications with all areas of I the school and to reach some I parts not served by the present ! I facilities The board also will receive a plan for replacing some of the playground area to be eliminated by expansion of the South Ogden Junior High School This involves use of some land in the Laker subdivision adjacent to the junior high school which has caused some expression of concern by South Ogden councilmen The board also is expected to make a decision on a proposal discussed at its last board meeting to purchase 10 new buses this year instead of the five it agenda for the first 1976 meet- has been acquiring each year ing of the Weber Board of EduAt its final meeting in 1975 cation board members noted new fedOTHER ITEMS eral safety regulations going into effect this year will make commence will Hie meeting to buy it meetimpossible at 5:30 pm in the board buses after 1122 April 1 ger at room Washington ing In other major items the DEFER PAYMENT board also will receive bids for Board members asked the ad- improvement of the communi- ministration to prepare cations and security systems at to purchase 10 buses Bonneville High School this year with payment of five Supt Bumingham said im- to be deferred into the fiscal provements to the security sys- year and the budget for the tem involves Installation of a beginning July 1 surveillance capability in a year Other items on the agenda for move to decrease vandalism include: at the school in Wednesday’s meeting and break-in- s a of proposal! —Preparation Washington Terrace to acquire vehicles for the mainThe communications system tenance department to replace a number of vehicles with more than 100000 miles and up to 14 years old —Purchase of a lot for the sped-ficatio- UTAH OGDEN 76 je 4S O' A Democrat Succeeds Republican at County Helm i 4 The County Commission today seated Bruce Jenkins as chairman for the year In his first term as commissioner Mr Jenkins accepted the post expressing appreciation to Commissioners Boyd K Storey and Keith G Jensen for their service the past year The new chairman a Democrat was county assessor for 24 years before being elected commissioner for term that began in 1975 a two-yeCommissioner Storey a Republican who was nominated for the chairman’s post a year ago by Commissioner Jenkins seconded the motion of Mr Jensen a Democrat to seat the new chairman A year ago Commissioner Jenkins said the three commissioners should take turns holding the office of x k XX First-Ter- m I ' ar v ns WORKING PLANS for Wahlquist Junior High School expansion project are re- viewed before presentation to Weber Board of Education by (from left) Assist-an- t Supt Jay Rhees Supt G Leland Burningham and architect Sterling Lyon HIGHER PRICED POSTAGE Judge OK's camps La use kusii Weber High School home building program mail —Proposed membership of Increased postage rates have combined first class-ai- r the board in the American As- caused a minor rush on Ogden stamp category area post offices as local postal sociation of School customers seek to buy stamps But postal spokesmen say the at the new prices greatest demand has been on FIVE PROJECTS three-cestamps and report Local postal oificials say they The Wahlquist Junior High customers that have been many have doubled the number of School expansion is one of five rolls of and three-cebuying clerks on duty at post office construction projects scheduled stamps Second District Court Judge to under way this year in windows to handle long lines One postal clerk reported sellget of Ogden area residents that John F Wahlquist granted a the Weber School District three-cecontinuance Monday in the case Others included construction have resulted since the new ing a whopping 14000 stamps within an eight-hou- r of an Ogden woman charged of new elementary schools in rates went into effect on mid- shift with second degree murder the Uintah North Ogden and night Wednesday “At one point we ran out of Mrs Emma Jane Uribe 37 of Kanesville areas and an expansion-reFirst class postage is now three-cestamps and had to 36 Grant had been scheduled of South Ogden completely airmail and now make an extra trip to the disto stand trial Jan 19 in con- Junior costs 13 cents for the first ounce High School in office trict Lake City Salt nection with the Sept 3 shooting The construction program will plus 11 cents for each addi- to get more” said Jack Hazen death of Rojelio Joseph Uribe be financed by a $12 million tional ounce director of mail processing for 40 of 2736 Grant bond issue authorized by disNEW CATEGORY the Ogden Post Office Defense counsel John Caine trict voters in a special election Millions of new stamps “Apparently people are buyfor the asked delay explaining last May three-cehave new been for the ing stamps because printed to interview needed the he time to several witnesses expected testify about Mrs Uribe’s state of mind at the time of the shooting RESIST MOTION Mr Caine told the court he ( believed the testimony could A bail hearing for an Ogden cither “absolve” his client or man charged in connection with reduce the charge to man- a stabbing Thursday was continued until Wednesday by Judge slaughter Weber County Attorney Stanton M Taylor Robert L Ncwey resisted the Anthony Higareda 23 of 853 motion arguing that enough 26th appeared in City Court totime has been allowed to con- day for the hearing which had tact and interview witnesses been postponed on Monday Mr Newey argued that delays He is charged with aggravatin criminal cases tend to work ed burglary and aggravated bx to the disadvantage of the assault in connection with the incident which resulted in the prosecution S The new trial date was set at death of Gary Leon Osborn 33 of 536 27th number 6 and Feb 17 to: A companion case involving which wounded three others f ' H X Gilbert Wiese 19 of 911 30th is Bail was set last week by scheduled to begin following the Judge E F Ziegler at $11500 conclusion of the Uribe trial Judge Taylor continued the Wiese is also charged with hearing until he could study a second degree murder in con- report from the Adult Probation and Parole Department nection w ith the shooting both Mr Caine representing concerning Higareda’s conduct at the Utah State Prison and continuance defendants said the while in a halfway house Wiese would be accepted by X Jt Delay In Court Trial nt 10-ce- nt nt nt nt modeling 13-ce- nt nt Bail Hearing Delayed Day $ V V v Jv it kth Man Severely Injured When Truck Overturns r they feel the rates may go down soon since this is a temporary increase” he continued “However our experience with temporary increases is that they generally remain in effect for some time” explained the chairman on an annual basis and voted then for Commission- - lUGHTNING er Storey to succeed Mr Jen-- ! sen As head of the commission Chairman Jenkins will become chairman of the board of trustees of the Weber County Industrial Development Bureau and be seated on the Weber Area Council of Governments and Wasatch Front Regional Council Commissioner Storey remains as the commission’s representative on the directors’ board of Golden Spike Empire Inc and is chairman of the travel promotion agency for Davis Weber Morgan and Box Elder counties H y v v j1' V A 1 t x V ?s ' ‘'- - ' s " s X BRUCE JENKINS New Chairman STRIKES weather conditions trict manager for the power Monday brought 4 to 6 inches of company new snow to the Ogden area The National Weather Service along with a thunderstorm rain said thunderstorms are the exsleet and hail ception rather than the rule at However the heavy snowfall this time cf year “but they do postal supervisor expected Monday night failed BRIEF SPEECH FEW COMPLAINTS to materialize— in this area at happen” a forecaster said The thunderstorm developed In spite of long lines and In what County Attorney Rob- least— and the National WeathwTa:s called for er the Service said L ert some difficulties in converting clearing from mild temperatures ahead Newey and on later shortest to figuring the tonight with of a new front The fact that it acceptance speech today price Commissioner lower Jenkins came over in the afternoon— temperatures postal officials say that cus- record tomers have registered very expressed appreciation for havOgden picked up 4 inches of “the hottest part of the day”— few complaints about new ing the opportunity to serve with new snowr bringing the total on also helped trigger thunder and Mr Storey and Mr Jensen the the ground to 8 inches while lightning forecasters reported postal rates Pine View Reservoir recorded “People seem to be accept- past year PARTLY CLOUDY added The chairman “If my snowfall at 6 inches and Weber ing the rate hike as part of the They called for decreasing 5 inches inflationary spiral” said David prayers are answered I hope State College showers tonight with skies snow The thunderstorm which hit Clark customer service repre- to get through this year sucabout 5 pm triggered brief partly cloudy on Wednesday cessfully” sentative 5 with toHighs will be in Ogden Canyon “They seem to be satisfied He also said “We’ll have the rainshowers to uplow in middle the that the Postal Service’s deficit budget (for 1977) ready five brought reports of small hail night’s teens is so large that the increase days before the public hearing from the central section of the perSnow flurries are expected to to please that sober-face- d Jack city and fostered reports of is justified” he added be mostly along the mountains Characteristic of all postal Olson (executive vice president sleet from the western and Today Pine View Reservoir rate hikes there has been a of the Utah Taxpayers’ Assoc- southwestern parts of the had 1 1 Vs inches of snow cover county minor decrease in the volume of iation)” including 6 inches of new while DISRUPTED POWER letters mailed since the postJOINS IN PRAISE Pioneer Station recorded 4 A bolt of lightning that struck inches of new snow and the age increase went into effect The commission last month However local postal workers did not make the proposed 1976 near Five Points knocked out same amount of old— bringing predict this will soon level off budget public five days in ad- power briefly in that section of depths to 8 inches in the city as customers become more used vance of the meeting at which the city Monday and Monday night to the idea of paying more for expenditures wTere set Relays tripped and the power temperatures ranged from a 34 Mr Jenkins is an outspoken came back on seconds later high at Pine View and 33 at postage “It’s difficult to tell how commissioner according to E Lynn Foley dis- - Pioneer much the postal rate hike affected mailing because the recent trend over the past several GUBERNATORIAL PROSPECTS months has been a decrease in mail volume” said Mr Hazen “Decreases in mail volume traditionally accompany rate increases but the volume gradually builds up again” he A added veteran Republican Rampton has been a good Democrats to gain their support lawmaker said Monday Utah governor’ they should for tax increases Sen Bischoff RATE HIKE remember he’s been good as alleged Mr Hazen said the rate hike Atty Gen Vernon B Rcmney long as Republicans controlled Davis and Commissioner County the litPostal Service a caught the senator He expects the Legislature the tle short because of the rapidity Stanley M Smoot are definite said Legislature” will receive several sales tax with which the new rates took candidates for the party’s in one Mr bills one to reduce the tax and “But Rampton nominating race for governor effect taxes by $47 another to exclude from the year increased He indicated that the Postal Sen Douglas G Bischoff told million and last by $27 levy prescription drugs Service usually has a week be- the Weber County Republican million as well year as putting The senator doesn’t think Club that party fore rate hikes to sell stamps Women’s million bond a issue taking off the tax on $68 through leaders statewide are confident at the increased price to of which million the 'prescriptions will help the $35 goes But a court injunction against Democratic Gov Calvin L school” medical university’s elderly pensioner or ' the Postal Service stalled the Rampton will run for a fourth the senator said person very much scheduled increase three days— term Long-terin the Instead for the elderly he incumbency and then was dissolved which The Salt Lake City op- executive branch breeds advocates a “circuit breaker apathy left the service two days in tometrist has served in the he warned that can be order to put the new rates into Legislature for 12 years feur of He charged the last education jmechanism” when a person’s triggered which were Repub effect by Jan 1 was written by the 'come drops so that he or she It was the court nurin'Demorratir-rnntrolpd executive branch and that the' can file for a rebate on property l decision that has caused the “had nothing to do tax bills rush” saM Mr Hazen Ifh! senator’said 'with it” It’s the property tax that But people in line realize The measure was not sent to hurts the elderly the pensioner we ve had a problem and have TAX INCREASE committee but passed the or the family 4 with the governor 'senator said and they should be Very C0°Perative” he “When people say ‘why vote Senate added for someone else?’ and ‘Mr using the bill as a trade-of- f with permitted to get a refund 13-ce- Unsettled nt 30-3- Renubli ye low-inco- m j A Brigham City man was! Ogden police said the accident AtlaS Steel 75° severely injured Monday whenjWasat a truck overturned on him in was attempting to sn Ogden steel yard remove a fuel tank from a sal- Phillip J Riddell 22 was vaged truck when the truck listed in “critical” condition overturned pinning him under-thi- s morning at St Benedict’s 'neath it according to police A crane owned by the yard Hospital Officials said he suffered pos- - was used to lift the truck from the victim sible head and chest injuries in-jb- ill last-minu- NEW STAMPS — Postal clerk Frank Carruth discommemorative stamp that plays the new has been issued in conjunction with the postal rate increase A total of three new stamps are now on sale at local post offices 13-ce- nt 13-ce- nt te : low-inco- 15-1- fV |