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Show Utah High Court Voids Property Tax Rollback By Dave Jonsson K. Buchi said the issue seems a likely candidate for the upcoming Special Session, in which the Legislature could be asked to further Tribune Staff Writer The statutory rollback of residential and business property assessment levels to 1978 values, adopted by the 1981 Utah Legislature to help cut the spiraling property tax bite on homeowners, was declared unconstitutional Wednesday by the Utah Supreme Court. The decision means market valuations on which property taxes are based must jump 46 percent this the increase in market valuyear ations that otherwise would have occurred had the rollback not been in effect. Tax officials, stunned by the decision, said they were unable to fully analyze it in just a few hours. Tax Commission Chairman Mark reduce the residential tax bite through another means, in light of this latest development. Mr. Buchi said the impact to homeowners and owners of other locally assessed properties will be in the millions of dollars statewide. Lower Mill Levies The high court held unanimously .that the 1981 act created an unequal taxing burden between centrally assessed (formerly called properties, and locally asstate-assesse- sessed properties (commercial properties, homes). Centrally assessed properties include mines, utilities, gas companies, etc. The action means tax entities this summer will have to significantly lower their mill levies in order to come out somewhere near the revenues they otherwise would have received had things remained the same. Whether theyll lower their levies to extract precisely the same taxes as before, is problematical, spokesmen for the State Tax Commission said. This is where the Legislature would come in: to set a revenue increase limitation, said J. Mike Mon-soproperty tax director for the Tax Commission. The 46 percent increase in valuation means a house now valued at $68,000 will have to be revalued at $100,000, explained Mr. Monson. Taxes are not levied on a property's full market value, however. The mill levy ($1 in tax for each $1,000 in valuation) is calculated against the assessed valuation, which for homes is 15 percent of the market valuation, he explained. The high court decision was written by Justice I. Daniel Stewart on an appeal by six San Juan County companies that felt the 1978 valuation had unfairly shifted the tax burden to them, away from locally-assesseproperties. Plaintiffs were Rio Algom Corp.; Utah Power and Light Co.; Atlas Corp.; Energy Fuels Nuclear, Inc.; Consolidated Oil and Gas, Inc. and Northwest Pipeline Corp. The plaintiffs sought a refund of part of their 1981 taxes, claiming the rollback d had unlawfully increased their taxes valuimposed on when it rolled back those ations valuations for taxes set by counties. Justice Stewart said the court held that locking in a prior year's valuation into a tax formula was impermissible. Taxes based on market values should change with time, because market values inexorably change with time, the court held. Should Get Refunds The plaintiffs, and only those six, should get refunds, the decision said. Others not party to the lawsuit must share the benefits of the final decision only prospectively that is, from this time forward. Tp apply the rollback nullification retroactively, statewide, would be Column 1 See Page B-- m state-generate- d Halt fake : tribune Local News TV Today, Features Page D-- J 7 Thursday Morning, March 15, 1984 Section B Page 1 Pace Urges Reforms Of Utilities Wants Legislature To End Monopoly v A ' By Douglas L. Parker Tribune Political Editor A senior Republican lawmaker urged Wednesday that a special session of the Utah Legislature consider checking rising utility bills e through power company divestiture and new tax and rate regulations. Lake Rep. Lorin N. Pace, City, asked Gov. Scott M. Matheson to place the legislative package on the agenda of the special session already called to convene March 26. "No issue surpasses in importance the issue of finding inexpensive power, Rep. Pace said in a letter. Gubernatorial candidates should take note, he added in copies sent to legislators and political candidates. Gov. Matheson, who dictates the subject matter to be considered at special sessions, is in the Far East on an economic promotion tour. Prior to his departure, he designated several items and indicated he may add others upon his return shortly before the session. Rep. Pace said he has requested preparation of a bill requiring Utah Power and Light Co. and Mountain Fuel Supply Co. to divest their transmission lines and gas distribution pipelines, leading to independent companies regulated as common carriers. At the same time, a companion measure would allow public sei vice f districts to be formed by contiguous ratepayers, such as a municipality, to purchase and distribute natural J gas and electric power at the cheap- est cost from any source, Rep. Pace explained. ' The pattern of regularly granted brobe rate increase requests would ken, he suggested. The process has ' led to utility bills exceeding mortgage payments, the consequence of laws that have created institutions guaranteed a perpetual profitable survival at ratepayer expense, he said. "Worse, our utilities seem incapable of internal change, Rep. Pace ,,, added. Without a solution, the gross state product or its equivalent value will increasingly flow like a swelling river into the black hole of utility costs. serUnder the divestiture-publi- c vice district operation. Rep. Pace maintained, the companies providing the power would have to be competitive to be successful. There would be no further guaranteed rate return on securities or bond interest. The free ride for investors would be over, he said. long-rang- v .. v .v pr.. . ?.?,, j- lt six-mi- of the highway is above water, the road remains open. Recent snowmelt has added to problem. the high amount of water seeping through dikes onto road. Although in some areas only one lane stretch Workmen are fighting to keep of northeast of Grantsville open, despite le 1-- Crews Work on Dikes, Operate 20 Pumps to Keep Jim Street, By George A. Sorensen Tribune Suburban Editor GRANTSVILLLE Some 120 workmen operating heavy equipment and manning 20 pumps are managing to stay ahead of rising waters in their battle to keep a dikes, six-mi- le The critical side is the flow from Grantsville rather than froni the lake, Mr. Street said. We were forced to install an additional pump Wednesday because of the additional waters - stretch of Interstate 80 open northeast of Grantsville, de- spite rains and melting snow. We are managing to stay ahead of the water although some water is seeping through the Touchy Times Catholic Bishops dent for W. superinten- Clyde Construction Co., which has the contract to construct dikes along both sides of the freeway. W. Traffic Continues ? By Mike Carter Tribune Staff Writer The defense rested its case in the trial for confessed child killer Ar- Free Enterprise thur Gary Bishop Wednesday, opening the door for testimony from rebuttal prosecution psychiatrists who said Mr. Bishop is not mentally ill and categorized him as a calculating and manipulative murderer who killed his victims only to prevent detection. A committee of American bishops character involving an analysis of how the precepts of Christianity fare under a capitalist economic system. That the panels examination of free enterprise is expected to stir controversy is underlined by the fact that the bishops have decided to delay publication of a pastoral letter on their findings until after the November presidential elections. Nor will they discuss the specifics of the analysis until November. Because of the sensitivity of the issue discussed and wishing to avoid false possible partisan implications in the letter, we believe it is best to avoid discussion of its contents during a presidential campaign, Archbishop Rembert G. Weakland, chairman of the committee, wrote during a progress report on the project. Bishop William K. Weigand of the Salt Lake Catholic Diocese denied a request for a personal interview on his involvement in the analysis. The study has drawn substantial media attention due largely to the fact that the last excursion by the bishops into the world of secular politics, which produced a strong denouncement of the nuclear arms race, raised eyebrows over the propriety of the Churchs spiritual five-memb- er Mills Junction, some miles away, Roger Sorensen, construction specialist for the Utah Department of Transporation said. UDOT is expected to let a contract in the near future to raise stretch of highway this by 5 to 8 feet, Mr. Sorensen said. six-mi- le Drive on Dikes Construction of this permanent improvement is expected to begin just about the time the con Open struction company completes its diking. Traffic will continue to use the present lanes both ways while the dikes are improved so that traffic can be diverted along the top of the dikes as workmen raise the present traffic lanes, Mr. Sorensen said. The UDOT representative said he is not sure just how much of the dike will be in use when normal traffic is restored. Psychiatrist Calls Bishop a Cold Killer Analyzing of the Roman Catholic Church, which includes the bishop of the Salt Lake City diocese, is completing a project of admittedly controversial from the rain and snowmelt, he added. Although some areas had less than one traffic lane above water, eastbound traffic was continuing Wednesday. It will not get so bad that we cant get the traffic through, Mr. Street said. The construction company has hauled more than 600,000 tons of dirt for construction of the dikes. The contract calls for the hauling of 750,000 tons from a spot near ZVz 1-- 80 , Under questioning by Deputy Salt Lake County Attorney Creighton Horton II, University of Utah psychiatrist Dr. Lincoln D. Clark said he felt, based on reviewing Mr. Bishops statements to police, that the man killed the five young boys to cover his tracks. Dr. Clark was one of two rebuttal psychiatrists to be called by the prosecution in response to defense claims that Mr. Bishop was suffering from an extreme mental or emotional disturbance for which there is a reasonable explanation or excuse, and thus is guilty of manslaughter murder. and not first-degrSince 3rd District Judge Jay E. Banks ruled that the rebuttal mony could not include any information gleened in interviews with the defendant last weekend, one of the states witnesses challenged the methods used by the defenses key witness, and the other commented on his experiences with sociopathic personalities and applied this to Mr. Bishops case based on his knowledge of the homicides. five-ma- n The jury viewed a videotape of a deposition of U. of U. psychologist Dr. Victor the last defense witness Cline taken two weeks ago before he left the country. Dr. Cline, who acknowledged he had no personal knowledge of the Bishop case, drew parallels between an addiction to pornography and bow that might escalate to violence. The day was capped off by an emotional statement by lead defense counsel Jo Carol Nesset-Salwho accused Judge Banks of siding with the prosecution throughout the trial and said she was personally offended by statements made by the judge to her in chambers Tuesday afternoon. Dr. Clark, in his testimony, was asked seven-woma- by the prosecutor point-blan- k if, in his opinion, there is any indication that the defendant commit- ted these homicides while under the influence of extreme mental or emotional disturbance. No, the doctor replied. Then what, in your opinion, influenced him to kill these children? Mr. Horton asked. Sexual desire and a desire to pre-Se- e Page B-- Column 1 4, e, Center Agrees on Rent S. L. Art The Salt Lake Art Center will pay a year plus 25 percent of anything it earns from subleases and contracts to rent the county-owne- d building at 20 S. West Temple. $26,500 Teamsters Still Picketing IML Terminals IML Freight, Inc., has declared it is out of business, but the Teamsters Union apparently doesnt believe it. Union members were still picketing IML terminals Wednesday and claimed they plan to continue picketing 24 hours a day. The picket lines are stopping Teamster drivers from another company from delivering freight that was stranded in transit by the companys closure. Federal Bankruptcy Judge Glen Clark Tuesday approved a restraining order that is supposed to prevent the union from picketing IML terminals from 8 a.m. to 6 p.m. The order is in effect until March 19. However, Teamsters members said they plan to violate the order. We the union have got pickets scheduled 24 hours a day, seven days a week, said one picketer asked not to be identified. Federal marshals made several stops at IML terminals Wednesday to serve papers ordering picketers to appear before Judge Clark Thursday morning to explain why they are violating the restraining order. who ager of Labor Relations. Salaried IML personnel are driving trucks to deliver some of the estimated $2.5 million worth of stranded freight while the picket lines stop the Garrett drivers. Much of the freight is time-sensiti- They IML aint closed down. Theres freight still coming in the gate and going out the gate. Theyre still in business, as far as were concerned, the picketer said. However, IML officials claim they are merely trying to complete unfinished deliveries. or perishable and must be delivered in a timely manner. It is also important to the shippers who have been so loyal to IML that we assure the freight is delivered to its destination, stated IML Freight Trustee Allan D. Musgrove in a prepared release. We dont know that. We arent in those trucks, another picketer said. IML has arranged for another union company, Garrett Freightlines Inc., to complete the IML de- - Mr. Musgrove estimates the damage to the companys estate and its creditors will exceed $100,000 per day because of the delay in delivery, the release stated. . Five-yea- contracts signed r Wednesday end months of negotiations and allow the county to cash a $25,000 check that pays last years rent and makes a $5,000 down payment on the groups 1984 bill. The art centers rent was raised from $20,000 to $30,000 last year, but county officials neglected to get a new contract and the hike was nulli- liveries, said Don Hales, IML man- fied. Robert Bullirice, assistant director of the countys administrative services department, said percentages should boost the art centers payment to $30,000 a year. If compensation falls below that, rents can be renegotiated, he told commissioners. County subsidies for the Art y Hall are expected to total $720,000 to $800,000 this year. Theater-Symphon- y' He acknowledged that implementing such legislation would take some time, and urged other measures with more immediate impact, one dealing with the conflict over the Public Service Commission ordering a moratorium on utility disconnection in winter months for those unable to pay bills. He sug- gested an assistance fund generated by sales taxes. In 1976, the lawmaker pointed out. the state sales tax on utilities was reduced from 4 to 1.5 percent. He urged backing for legislation he introduced to increase the utility sales tax by 0.50 percent, allocating the revenue to a special fund to avoid utility shutoffs of indigent people. UTech Council Wont Pay Presidents Fee to Join Discriminatory Club By Peter Scarlet Tribune Staff Writer If O D. Carnahan, president of Utah Technical College at Salt Lake, wants to join the 'Granger Rotary Club, he will probably end up paying his own membership fees. The matter of President Carnahans membership in the club was brought up routinely enough Wednesday by John Klas, chairman of the college's institutional council, but council member Ingrid Sanz expressed opposition to the use of college funds to pay for the president's membership in a club which discriminates against women. The institutional council, after first approving Dr. Carnahan's membership in the club, ended up reversing Itself and finally decided that membership costs would be paid with college funds on condition that the club didnt prohibit women as members. Contacted later Wednesday, David Osborne, president of the Granger Rotary Club, said women are not allowed membership in the Granger or other Rotary clubs. He said rules of Rotary International prohibit women from membership In the service club. Mr. Klas Initially suggested the council approve Dr. Carnahans membership in the Granger club, pointing out the president's acquaintance with community business and industry leaders in this and other Rotary clubs in the Salt Lake Valley could be beneficial for the college. Ms. Sanz said she opposed using college funds for his membership in the club because Rotary Internationals prohibition against women membership. "I wasnt aware of this discrimination and would urge the president to use his influence to support equality, said Mr. Klas, Council members thereupon approved Dr. Carnahans membership. However, the matter was later resurrected by council member Louise Henson, who offered a motion allowing the council to reconsider its earlier vote on the matter. Her motion was unanimously approved. mencement exercise and parking I can support no group which discriminates in any way, she said. If President Carnahan joins on his own and works on behalf of the college and to end discrimination, its fine." Ms. Sanz reiterated her opposition to using college funds to pay for the presidents membership and Jerrald Conder, vice chairman of the council, expressed similar sentiments. Mr. Conder then offered a substitute motion in which Dr. Carnahans membership dues would be paid by the college only if he finds that the club doesnt discriminate against women. His motion won unanimous approval. In other action, council members discussed this year's com fees. Glenn Riddle, a council member and president of Utah Tech's student body, said a number of college students have expressed displeasure that this year's June 7 graduation ceremony is scheduled to take place in the auditorium of Cottonwood High School. He said some students feel the location is suggestive of a high school graduation and suggested the possibility of an outdoor ceremony at the college. Dr. Carnahan, however, said the weather is often uncoopera-tiv- e and pointed out Cottonwood High is the tentative site because the college can rent the auditorium for $1,000 while it cost $6,000 1 just to rent chairs when the mencement was once held doors. Ms. Henson suggested that the use of Eisenhower Junior High School could be considered, adding that perhaps the junior high schools use would avoid any stigmas for students. Dr. Carnahan said the college will examine alternative sites for the 1984 commencement, but said it may be too late to book one now. On parking, the president said the possibility of raising the fees from the current $5 a year is being explored as a means of obtaining more money to finance the costs of additional parking. i v i i comout- T -- . - ' |
