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Show Yf f KLV FEftfX OAViS NEWS JOURNAL AUGUST ?l, 1583 NQftfH PAYS ITAOCR, AUGUST ?1. 1583 mMy Moracy P Fir MssostaiM I; Mfiia (.(iien tW 1 jn t ..f ft tag a) tmu tuj'- ! AK.retr tntul lrnol t i up toiy Mdrtut knr IN du i:ij rfH in crtt) A rtu iI lt for rte wl-re- h fod Imre bae 10 jurtify if Some areas of the city or even neighborhoods may be "turneJ on" io service sooner than others depending on ability to complete work, he says. That may depend on whether lines have to go above or below ground and ability to coordinate efforts with utilities includcoming telephone and power panies. By TOM Bl'SSEl.BEKG BOUNTIFUL ir you live in north Davis County and live happen to be fortunate to be could certain area, you in seeing cable television prog rams in your home within a couple of months. ON THE other hand, if you live in a city that hasn't been franchised, for instance, that possibility could still be about 18 months away, says county cable manager Kim Magncss, whose office is located in Bountiful. Much of Davis County has been "franchised" for cable since 1966. but little has been done until the past couple of fedyears, largely because of IN BOUNTIFUL, for instance, work is in an earlier stage but continuing at a fast pace. A lot of "preliminary work" has to be done before w ires can be strung or buried and the system activated, Mr. Magness points out. After a franchise is granted, a pole line agreement must be worked out with the telephone and power companies to utilize eral regulations restricting cable TV growth. Now, four crews are working in the couninstallaty preparing for cable three of them in the tion Clinton area. WORK WAS to have begun Monday on a trunk line to Clearfield with areas in Clinton and north Layton hopefully rehe ceiving cable by Oct. 1, it on in will turn "We says. mile segments and we e can build the trunk in e weeks and test it for weeks. 20-3- 0 two-thre- two-thre- Other areas will take a bit veterlonger says the cable TV started parent father whose an, Telcommunications, Inc., one of the nations largest cable We hope to have operators. most of Clearfield, Layton, Sunset and Clinton on by the end of the year. WEST POINT AND Syracuse in that area will not be included just yet because franchises have not been received those by Mr. Magness says will be sought shortly. - A $100,000 ex- two tortion scheme by from $700-$4,00- Then we have to go to the engineering phase. We can do 40 miles of engineering a he notes, but with month. 12,000 poles and 300 miles of cable to install in the county that takes some time although the rate can be increased with more crews, if necessary. work. An Davis, Davis, THE COUNCIL opened offers from Intermountain Refuse at $2.23 per month per household for a one year contract. For a three year bid, the company offered $2.69. The other bid, from Howard Robison Co., contracted $2.21 per home a month with an eight Fourth Circuit Judge Douglas L. Comaby of Layton. The defendant apparently turned himself in to police last less forced to ag gunpoint; that it was just a crazy scheme. Asked by the judge if he was forced at gunpoint to particithe defendant pate in the hoax, quietly replied, yes. AND FBI agents are continuing the investigaand tion and further arrests accordcharges are expected, Lewis. ing to Det. amount on a three year contract. After some discussion, Intermountain Refuse Spokesman Robert Strebel told the council his company is extremely interested in the Syracuse bid. The reason were coming lo this city, he said, is because were losing East Layton. The town has plans to merge with Layton city, he added, and Layton maintains their own garbage service. MR. STREBEL said his companys trucks are fully equipped with radios, an or north 479-065- 1. Syracuse percent increase oover that JAMES GETTINGS told I told my Judge Cornaby that brother (lloyd) not to do it, that it wasnt right and that it wouldn't work. I told him I wouldnt go along with it un- 298-352- . POINTING A finger at what he called a demand to prove himself in every meeting, the attorney gave the commissioners another document based on performance. The paper states that in the last four years of operation of the legal defense office, no complaint has been made to the county commission. It also states that during the same time period, only two groups have appealed to the Supreme Court, but of the two both were defeated later. This is a strong indication, says the document, "that the persons represented whether found guilty or not were satisfied that they had been adequately represented. has agreed lo a specific amount. , "My concent is a contractual one." he said, explaining that costs certainly change from year to year, but that there is only a certain fixed amount allowed for the public defenders office. IN YET another comparison, Any. Martin said some counties pay $75,000 for someone to handle all of the cases. "We have handled 97 percent of the cases here." he added, at a cost of $29,000. He also said that if the commission places the burden on someone to guess what will happen without some assistance, the county runs the risk . of more than their share of ' appeals and complaints. THERE MUST be some stability in this office, said Atty. Martin, not just an effort to hire different people in when the help is needed, in reference to past months where other attorneys have assisted on some of the cases. Martin said he is concerned that the low bidder will win in such a case. Atty. Page dis- agreed. I DONT think its a question of the lower bid, Atty. Page said, but the performance as well. The attorney said the commission should use the same process to look at an attorney bid as they do with , monetarily worth it. Take that into consideration, he told the council. - THE CURRENT Syracuse collector, known as Kimose, was criticized by the countil Thursday as being late several times in picking up the garbage. The tardiness in collection resulted in some angry calls from local residents who complained that their garbage was being strewn all over. Both Mayor Boyd Thurgood and Councilman Susan Martin complained that they had received numerous calls themselves. MAYOR THURGOOD did say that Kimose should not be blamed for all the problems. The company suffered two losses when one of their trucks caught fire and the other was in an accident. Rather than making any decision on the newer refuse bids, the council agreed to give the Kimose Company a probation period. In the written agreement, Mayor Thurgood states that if any serious problems develop in the collection process, the city may discontinue the contract and go with the new bids. y , KIMOSE HAS informed the council that he has two new trucks ordered which bear all the standard requirements for' collection. Councilman John Thayne cautioned the group that any hasty decisions during the probation might be disadvantageous to the city. , y Maybe we should stay with him (Kimose) and see what happens, the councilman said. But the mayor made it clear that any problems dur- ing the probation will force the city to look for other collectors. He also suggested choosing one of the other bids in case anything develops, but the council voted unanimously to y period first. IN AN unrelated matter, complete the rtf HE ALSO noted List week, relating to an actual 90-da- Councilman Ben Thurgood .lr- ney Barton. "Also, you shouldnt allow sleep or passing out as a defense against Dl l or there would be no end drivers faking to THE FACTS of the care, as prevented to Ihe judge, ind- icate that the motorist was charged with DU1 play-actin- sleep or unconsciousness avoid arrest or conviction. jo parked on the left (wrong) vide of a frontage road north of State Road 108. The motor of the car wa running and there was a bottle of alcohol, empty, lying on the ATTORNEY Echard took a different view. "The court cant engage in presumption. It must rule on facts, and facts along." he said. "How can a person be in control of a vehicle when he is unconscious?" . three-fourt- front seat. The man arrested was lo- cated behind the steering . wheel, but when found by officers he was unconscious either from being asleep or passed out. HE EMPH ASIZED that the State Statute states that the person must be under actuid (present) physical control of a vehicle, and that's impossible under the circumstances described. THE DOOR on the driver side was open. Did the person found in the car actually drive to the site and then pass out or go to sleep? U nder these conditions, was the occupant of the car "under actual physical control of the vehicle as is specified by the State Statute? CITY ATTORNEY Barton argued that you can presume the occupant was the driver,, that it was not logical to think that the man just happened by, climbed inside and drank the liquor (vodka) and then passed out. Judge Cornaby then ruled; THE OCCUPANT is guilty of having actual physical control of the vehicle based on the following facts: (I) the car motor was running; (2) he (occupant) was found behind the steering wheel; (3) the car was parked on the traveled portion of the road; and (4) it was warm time of the year and can be presumed that the motor was not running for heater use. - ' vious State Supreme Court rulings, thus my basis for ruling," the judge said. Comm. Approves More Money For Aerial Photos - FARMINGTON The trying to get the developers, in some of the areas to be photographed, to pay for the cost of the aerial service. He said most all of the money for the gravel pit and a North Salt Lake contour road will be handled by the developers. In the northern Davis canal area, though, the money is expected to take longer, but Burton believes it will eventually come back to the county. Davis County Commission has approved an extra $450 for a series of aerial photographs to be completed for future survey work in the county. of the additional cost required to photograph larger seections of the county gravel pit, and area Spokesman Joe Moore Company for street cleaning in the city. The request came after Thurgood priced serveral - said should be surveyed more in depth for the benefit of sweeping machines and found expansion in the area. the costs more than what the the comhandle. could city adequately pany doing the photographs One price he quoted neared the added $890 more to the original $25,000 figure. charge, but subtracted about for Thurgoods argument $450 from an earlier estimate do to service a company hiring for photographs of a north the work was that D&K charge Davis canal area. According to of a $65 hour, savings only per Mr. Moore, the photographs over dollars thousand several show land contours which the next couple of years. match exactly those o the area. THE COUNCILMAN added rethat the sweepers would PLANNER Barry Burton is quire about four hours each time to do the job. If the IM NOT sure well get all of this back from the developers, Mr. Moore said, explaining that he expects at least a 90 percent return on the countys fur-tu- re Aero-Graphic- machines stay beyond the eight-hou- r limit, D&K pay for the trip back to Salt Lake City, the companys residence. Councilman Thurgood said it seems foolish to pay $25,000, plus worry about the machines maintenance and the interest cost involved in securing a loan. THE COUNCILMAN also said the Salt Lake sweepers could come to the city on request within four or five days. In a unanimous decision, the council approved the D&K bid. "te- - i I know it is a borderline pre- case, but it does parallel The occupant when tested for alcohol content measured .38, indicating a high content of alcohol, more than suffi asked for the increase because asked the group to approve a contract from D&J Sweeper that although the man was not presently doing any harm, the tact that the car wax patked on the traveled ponton of the road w uh the motor running should, alone, determine cause. "He pulled over onto the wrong side of the road, knowing that he shouldn't be dn ing yet not knowing whal was the nght thing to do." void Attor- TWO represehtatives in favor of the project last week - ' - care that is pending. ATTY. RODNEY Page refrained from any talk about whal the commission shoulJ decide in the case, but explained that "when you cnlcr into a contract, it is assumed that il is for ihe full year." He also added (hat Atty. Marlin X trucks are also available in the ' ' case of an emergency. Intermountain the Though bid was more than the Robison offer, Mr. Strebel urged the council to accept his contract, saying the equipment and people involved are reliable and until cient to nwke any person legally intoxicated. Attorney Barton argued. La) tun City Attorney Bruce Barton and private attorney Robert tchard argued the care before Fourth Circuit Judge Douglav L. Cornaby of Layton thing about ihe caseload increase. Aliy. Martin wild he is lo the point w here (he careload j more than can be handled by one man. Bid Accepts advantage with allows com- -' munication between the collectors. He added backup, R. BLODGETT THE STATE Statute speciihe accured in ATTY. MARTINS argument that the number of appeals is low was emphasized Community TV in south A problem SYRACUSE with tardy garbage collection bolstered the Syracuse City Council Thursday into accepting bids from two other refuse collectors. as , FURTHER information is available by calling Wasatch agreement was reached with Hill AFB late last week, as well, to provide service there. I hope its not much more than l1: years (to activate the By MARK D. MICKELSEN "ransom. POLICE make ready ' . 1 volved a kidnapping hoax and an attempt to get $100,000 their mother along the cub after they're franchise is held yet in West Bountiful. diiiun Urttnti I inel 1 Irerf-tt- J turn from taulittfl. What conMi-lure- s LAYTON driving while under the influence uf aleuhul? cSvfcntkd. Asked b) Comm Glen flint whal would happen if (he decided ihI Io do any- appearance be- lawyer said, urging the commission to realize that there has to be a limit, that there has to be a time when the legal defense office says stop. He said the legal defender s office has been working with less money than many other counties, comparing Davis to another precinct which allows $80,000 for the same services. Atty. Martin revealed the fact that he makes only $29,000. t $f GARY complaint from people belie mg ihcy werent propcily i CANNOT keep all of the cases coming through," the ruary. Bountiful but he says now things are moving and the city should be turned on to sevice well within a year. IN FARMINGTON, all of the engineering has been completed and the walkout done and Mr. Magness says hes waiting for the make-read- y stage and in Kaysville a contractor has been hired to do the tings. GETTINGS told the judge that he was aware of an alleged extortion attempt with his brother, Lloyd, which in A TEMPORARY suspension had delayed completion in done. Marketing, where potential customers are told about the service, begins once cable is under construction. Service is explained, prices quoted and brochures distributed. Actual installation begins three-fou- r weeks after cable is installed. JAMES THOMAS Gettings, Salt Lake 29, of 425 S. 1000 E., in Davis held is being City, bona. on $25,000 Jail County He is charged in the complaint Police Designed by Layton continued. pleased w ith them. (Their) engineering plans look to be very efficient. North Salt Lake, while no theft by extortion. Other week and appeared before Judge Cornaby Wednesday was morning. Arraignment been very THE WALKOUT where representatives of all three an groups actually go through area to determine if there if adequate space on the polls for cable could take a few months. "Sometimes we have to recost place a pole and that could Mr. Magness be says, noting lines must strung at a certain distance from other wires to neet national safety standards. Det. Lewis said that appapaid rently only $4,000 was recoand that this money was vered after the arrest of Get- tective Kent Lewis before Ive In Woods Cross, activity is past the preliminaary mapping and engineering and into the make ready stages with Utah Power and Light and Mountain Bell as well as in from charges are pending. moving months and includes a detailed accounting of each pole in an area and determination made of the best way to route it, he explains. brothers to get money their mother through a kidnapand one ping hoax has failed with suspect has been charged Bountiful Power has been beautiful and it really has been UiMnm, M.rri Swarf ptotirtred that Hre group mH Intoxicated eiienvc." lavk of decnlmg how to handle all ihe care and possibly face ber of felonious charge, many of which require more lime from Atty. Martins office. at the Bountiful office. Some $1.5 million has already been spent and some $6 million has been budgeted to finsih the county, Mr. Magness says. Programming will be sent to homes after it is received from satellite transmissions by an earth station in Farmington at 700 N. 100 E. That facility has been operational since Feb- RESPONSE FROM residents to work done by crews in the area has been good, he reports, with the crew brought in with experience under their belt in constructing a system in Salem, Payson and Spanish Fork in Utah County. In laying underground cable about the only proof of their work is what looks like an edging job their poles for cable placement. Cable route mapping could take upwards of five Extortion Scheme Of $100,000 By Brothers Fail LAYTON quickly, be say. "In Bountiful were approximately 50 percent done with the pole inspection and some of the engineering is done. my THE 01 HUE ha saved The paper was used to emphasize Ally. Martin need for assistance, and also w numgive an indication of the SOME 25 percent of the electrical materials are on hand and 50 percent of the cable needed for the county is aiMWi nMMher tt1') j! dt ItfmJct idlne, lit Ui rt) llui'JE." Ire wul, Ihe count) money, Ihe fies that it mean have "actual physical lawyer void. anJ ycl Any.. must of the vehicle." But control the he vud Marlin i aligned What doc this mean? fore the county commission. Martin presented them Ay. w ith sesera) charts and w niten statement about bis performance as ihe legal defender. One document, a case load comparison of legal defense cases through IWt. showed a total of 2M) case, 85 percent of which were felonies. entire county). 1 think it will go faster than that. So much of the preliminary work is done, i'll gear up to do 60 miles a month (if necessary). ACTUAL "MAKE ready construction" where untiiy companies do actual preparation of the pole can lake as much a six month. The actual public relations alerting potential customers, marketing and installation can be don 1 Driving While Martin program. Ay. and-a-hal- - ppfHiMiton from the county attorney' ollwe wte ihe beginning of the legal ddcne The county attorney said he Martin realize ibt if warn io nuke vpecul arptiea ton lu (he commission for help, itii i fine. But Any. Page es phoned (hot this "is the wrong Irene" ip laic action w approve any measure whu.li would guarantee problems in budgeting, CABLE TV IS COMING H ghoul more money pornl, Ally- $!artinnwced Ally. Martin taiJ. toiling some citiwum user ihe fail lhai hi oliue ha received caret) K averting Id Any. Page, that the contra I ) wlw agreement d ies iM foe the extra help. Any. ray or tU Conwy commiw the Todd Hilton, hack, and Kirk Jolley lay underground fable in Clinton for what official hope will jbnng cable TV amice to that ana in about a month. Othrr area of the county 'will have la wait a bit longer but plana call for, 'turning on" the whole county within a year wjithreirr make an) lM 1 lake tare td more Dun hi Me 4 sftibgf ni (am, felony leUred or ffuiden'eanor, Tsery lime 1 tome in I miufe on mki i allowed drily lh attorney need help. IN HIS third I K)VT know totyctit IO ff uprMediy- year, in 4 k" Ct e At!). fftl, Jr !. I Tim ltM H Ally. pun lohflp Mr, M artei. Fared (hai the pa I h - ertitiad dn rka Itul N d4" imm io N reruniMe I tttiH a I- U tMrevr tf i la loonier adding another thl-ildt- Wu.iCsIljI On Hre Atty, Maf ittai he fund M otter an to be gresfl a quote de (M WttMV NtJie IdMr ft (tiuit IN d g pcfvrti to in jail, g IMtiiirutKy ktMtnt k to N d wii!.n fen days, I la prey thX. the uMrtftfy Ukl, W a M a la wtyn the puttie defender s ortwe wa set up, planned W quOJ M iJ tac it - duU), tfitMfdAlly. th er partly by alwf l.a r ewed hi U'f ,tJi iuBit fU. White fAHMSSGIllN uny rtlrer M, lM reaming im only ihe ! ciKttc H,i lire (ttwbitay a well. I Hunk any w U "Bill Piu 4 into entered MwUdAjiy , iMit," Any. Martin iggcA W help, ty iWdrteasrat and mrealay MXklvD, MICKIIMN Kaysville News money, barring of course any unforseen deductions. Mr. Moore said the High- -' way Department is set to design a new access road near North Salt Lake, but wont start until the survey photo- graphs have been taken. , Comm. Glen Flint asked that the NSL mayor be contacted on the issue, with the hope that the city would be involved with the project. MR. MOORE said he though North Salt Lake would be interested and suggested a Houseguest of Mrs. Diane Flint and family are her sister meeting. and her family. Mr. and Mrs.j - With regard to the project Gene Norman from Sacramenitself, the planners expect the to, Calif. They will also visit in photographs to be taken within Layton with Mr. and Mrs. the week. Mr. Moore told the council that if surveyors were Donlad Adams. to do the job, it would take an Robert France of Cleveland, entire summer. He applauded Ohio is in Utah visiting with his the commission's decision to Mr. daughter and and Mrs. Bob Sanders of have the work done from the air. mdm Farmington. . |