Show Standard Examiner -- Creative financing Willard flood grant Flax seed Ogden Utah By DANIEL GOLD Standard-Examin- Staff er While a cable television company is preparing to take North Ogden to court over a decency ordinance it considers patently unconstitutional supporters of the measure can take heart that some legal authorities feel the issue is by no means an case And proponents of the disputed ordinance say the company’s warning that the impeding legal battle will prove costly for North Ogden taxpayers may not hold true open-and-sh- ut either Attorneys for Community TV of Utah the city’s cable licensee have argued that the ordinance prohibiting “indecent” programming from cable transmissions in North Ogden denies basic First Amendment right of the firm and its paying subscribers Company attorney Bryan McDougal told North Ogden officials at a public hearing Tuesday that they were “buying a lawsuit” that they couldn’t win McDougal cited a federal court ruling last January striking down a similar state and thus unconstitutional That law drafted by Republican Sen William Jones of Alpine read in part that “no person including a franchise shall knowingly distribute by wire or cable any pornographic or indecent material to its law passed in 1981 and said the case should have proven to North Ogden city councilmen that their cause was lost “I don’t know how they think they can get their ordinance approved in court” McDougal said today He added that the company’s fundamental legal argument would be the First Amendment right of free expression But other attorneys feel McDougal’s confidence might be misplaced The victory in federal court they note focused on overly broad drafting of the state law a problem they say the North Ogden ordinance doesn’t share US District Judge Bruce Jenkins ruled Jan 13 that the law hastily approved by the Legislature at the end of its 1981 general session was “impermissibly broad” subscribers” State Legislative Analyst Roger Tew said Wednesday that the Jones bill was a “poorly drafted piece of legislation (that) didn’t have a detailed description of inde- cency” Robert Wallace the attorney wno argued the case over the 1981 law for the Utah Attorney General’s office agreed today with Tew’s assessment “Most of the people familiar with this issue” he said “realize that to some extent this is uncharted waters The North Ogden ordinance provides for misdecriminal liability — a Class-— of for transmission meanor programindecent deemed ming B “Indecent material” is defined as “a representation or verbal description of (1) a human sexual or excretory organ or function (2) nudity (3) ultimate sexual acts normal or perverted actual or simulated or (4) masturbation which under contemporary North Ogden city community standards for television is patently offensive” Following the public meeting this week at which an overwhelming majority of the nearly 600 residents in attendance stood up in support of the ordinance the council refused to rescind it as the cable company had demanded under a threat of shutting off its service to North Ogden McDougal said today that preliminary drafts of the lawsuit have been completed and that the suit by Community TV — and perhaps joined by the American Civil Liberties Union — would be filed before the ordinance goes into effect in early October Paramedics s en Thursday 3B 4B 6B August 19 1982 Attorney Wallace said that threats by the company of costly lawsuits were greatly exaggerated He said that his defense of the state law cost “about $4000” since he did most of the work himself “Anyone who indicates that the costs will be $50000 or $60000 is either guessing or lying or trying to mislead or just misunderstanding” he said state did not However the appeal Jenkins ruling whereas North Ogden has vowed to fight the case “to the (US) Supreme Court” North Ogden City Attorney David Glad-wel- l said that “obviously there will be costs associated with (the lawsuit)” Gladwell noted the cable company and its backers might bring in several “high-priceconsultants” to “run their costs Should the city lose the case it could up” be directed to pay the company’s legal costs Gladwell said d oweredl f ir By DON VETTER Standard-Examin- Staff er Differences between Weber Fire District paramedics and the Utah Paramedics Association over fund raising techniques have been quelled according to officials from both organizations The dispute arose over the state association’s campaign in Weber County to sell tickets for a benefit entertainment revue to be staged next month Weber Fire District Paramedic Captain Bill McBride said there is no longer a problem of solicitors misrepresenting the fire district in their ticket-sale- s pitch “I now feel they are being honest in their representation” McBride said Solicitors had been saying that proceeds to the show benefited the local district paramedics “We appreciated the affirmative vote from the people in March and we’re not asking for any money now” McBride said Ronald Gale Palmer president of the Utah Paramedics Association said soliciting agents have been told the appropriate sales pitch as outlined by the group Phone sales are being conducted by B & L Productions of Salt Lake By NOLAN CRABB Standard-Examin- leted by the the contractor says City Manager Richard Kirkwood Speaking to the Roy Adult Seniors Association Wednesday Kirkwood said the building’s cost been brought in line with the city budget Construction on the facility which will include a fire station building and senior citi- center will begin Monday Ground-breakin- g ceremonies are scheduled for noon Saturday dur-ing the Roy Days celebration Kirkwood said the total cost of construction is $1835332 com- pared to an original bid of $1948000 Kirkwood said the price includes the $75000 cost the city must pay its own crews and equipment to do much of the site work for the new facility The city will save $21460 by in- stalling a cheaper heatingcooling than originally planned Other changes include the elimi- nation of one vault door in the records office and less bullet-proo- f glass in the police station resulting a savings of $8650 The city will trim $1300 off the original price by using narrower “What the problem boiled down to” Palmer said “is that they (fire district paramedics) didn’t know how to deal with any complaints they were receiving about the phone calls” He said the confusion stemmed from an implication that revenue would directly benefit the Weber pro- sociation it is composed of individual members yet is a mouthpiece and lobbying agent for all V 1 Xr Daniel PriceStandard-Examine- r Have you heard this one? a funny world for comedian Bill Higley who does his best to bring a few laughs to children at It's the Weber County Library's Wednesday after Totals 1043 mills says group function” Kirkwood assured the senior citi-ha- s zens that their center will be built along with the rest of the building “All of the work for your 6900 square feet of center will be ” he said “All of the electric-zen- s al work will be roughed-i- n so that you can easily have the project rough-municip- By DON VETTER er would be $63368 based on a typical residential assessment of $8000 and an average 1982 levy rate of 7921 mills according to associa- Staff Weber County taxpayers received the largest average mill increase in the state tion estimates this year according to the Utah Taxpayers The property tax average is figured by Association the total budgeted tax and dividing it Property tax notices sent this month re- taking by the total assessed value in the county flected an average increase of 1043 mills Howard Stephenson research analyst for Figures don’t reflect a specific taxpayer’s the Utah Taxpayers Association said the burden Stephenson said Weber County taxpayers will pay $418 average tax rate in Weber County is 7921 mills while Davis County jumped 122 mills million in total property taxes this year to 7606 and Salt Lake County climbed 207 to 8219 The millage increase means 1982 al ed-in- finished when you have the money” Brooks Western Builders Inc the contractors estimated that the senior citizens center would cost $330000 if it were constructed sepa- rately The contractor has agreed to finish the project for $98000 if the money can be raised by Oct 24 “It’s not going to be easy for you to raise that much money in so little time” cautioned Evelyn Hoogland nutritionist for the Web-syste- m er County Department of Aging “We worked for 18 or noon story hour Among the group soaking up the jokes was Gregory Spanos right and his sister Stephanie 6 week raided two marijuana-growin- g operations A cache of more than 600 marijuana plants was seized Tuesday in a South Ogden canyon and officers picked another 25 plants at an Ogden Canyon residence late Wednesday afternoon Deputy Mike Wells was in charge of the raid Wednesday at 528 Canyon Road where deputies seized plants of various sizes growing in the back of the house Arrests are anticipated in the case deputies said although the residence was empty when the raid occurred Wells and Deputy Paul Giles hiked more than four miles Tuesday into Strong’s Canyon above The officers uprooted the plants and transported them back to the sheriff’s office where they were stored as evidence No arrests were made in connection with the seizure although Wells said the investigation is continuing The plants ranged in height from two to three feet Had the crop matured to harvest Fisher said Wednesday it would have been worth about $30000 Fisher estimated the current value at $3000 Marijuana cultivation on public lands has become a serious problem for law enforcement officials according to figures released by the federal Drug Enforcement Agency The DEA reported 25 percent of all marijuana grown in the United States is grown in national parks or in national forests Last year about this time Fisher G recalled deputies made a sizeable seizure of plants near the Snowbasin ski resort “It’s the beginning of the mariare the UTA figures “usually reliable” ty’s average was caused by the 1544 mill juana harvest” Fisher said “We though he has not asked for a report on total increase in the unincorporated areas Not all keep hearing there’s more stuff taxes paid this year and can’t confirm the taxpayers were hit with such a jump growing up there but getting this a real good load association’s figure “In the process” Storey said “we’re try- - start”(Tuesday) was Last year Barney said county taxpayers "VT- u?“°ity to toe taxeS 50 “'Any help from the public in j"?(tbring included which million out $371 shelled fair share pay ing marijuana crops Fisher some special water district taxes addwould be greatly appreciated said District Establishing the Weber Fire Commissioner 7 Persons seeing people “carrying Weber County mills for unincorporated areas and Boyd Storey ed said everyone isn’t receiving the millages Weber School District has a 4 mill increase water or traveling back and forth stated by the association Storey said dealing with a $21 million with some consistency in areas not on an mill 8466 deficit and setting the levy two years after a normally traveled” he said Ogden City taxpayers pay in the unincorporated revaluation of property countywide (state should notify the sheriff’s office levy while taxpayers area are charged 6732 mills the UTA said law limits levy increases following revalua- - All information would be kept Storey said the large increase in the coun- - tions) contributed to the tax jump strictly confidential he said ox srieireease Standard-Examin- al Battling what Weber County 4700 West to the patch of herbs Sheriff George Fisher called “the growing in a grove well up the side start of the harvest” deputies this of the hill on national forest land As- paramedics Palmer admitted there are few Utah Paramedic Association members in the Weber Fire District “We’re in a period of breaking the ice here but we have to go through that with every agency” he said Despite few individual members at the district the association is obligated to represent all praramedics in the state Palmer said political turmoil from the creation of the fire district and disparity in pay between Weber paramedics and those throughout the state has probably kept association memberships down in the Weber district Kirk-option- Canyon marijuana harvest under way with the Utah paramedics Medical Board Simi- lar to the American Medical Other nonessential features were scrapped Kirkwood said to bring the city’s total savings to $150000 “That’s the advantage to the flexible bidding situation” wood said “We can work with the contractor and bring the price in line with what we can spend but we don’t destroy the building’s months to come up with enough money to build the new kitchen” But Mrs Hoogland had some en-i- n couraging news for the seniors “Kenneth Bradshaw who is over the department of aging in the con-doan additinal ty has come up with $5000 towards frames and $3600 will be saved by eliminating your project” she said “So that’s a lightning protection system not a bad start” mote all paramedics” Gale said “(And to show) there is an agency outside of the providers that protects the public” The Utah Paramedics Association also represents the state’s Emergency Staff ROY — The final price of the new Roy municipal building is less than the original construction bid due to features that will be de- - City Fire District Paramedics “Our efforts are to try and er taxes s according to the association This is pared to $354 million paid last year Weber County Auditor Lloyd Barney said corn-mill- - te |