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Show THURSDAY OCTOBER 17 1974 PLEASANT GROVE REVIEW, PLEASANT GROVE, UTAH THURSDAY, OCTOBER 17, 1974 Del mar Reay Speaks Out Against Land Use Act by Delmar Reay In response to an article re-leased to the newspapers of Utah by the "Protect Land in Utah Sensibly" (PLUS) Com-mittee, I am taking this op-portunity to speak out against the Land Use Act (S.B. No. 23) The 1974 Budget Session of the Utah Legislature passed this act, not as represenatives of the people, who did not want it, but to satisfy the re-quest of Governor Rampton. There were many people in the Gallery of the State Legisla-ture, opposing the bill, as it was passed with minimum de-bate in the House of Represen-tatives. Many pages of petit-ions against the act were pre-sented and totally ignored. The act was passed 55 to 19 in the House and 18 to 10 in the Senate. The action requesting that this act be placed on the ballot was voted down by both hous-es of the legislature. An act of this nature and magnitude should have been submitted to the people of the State of Ut-ah for approval. The very fact that a matter of such vital im-portance was not put on the ballot is proof enough for this writer that the legislature was not representing the people, but acting on their own at the request of the Governor. The very fact that it viola-ted the Utah State Constitu-tion was of no conquence. In fact, this writer does not be-lieve that the members of eith-er House investigated enough to find out whether or not it was consitutional. If I am right in this assumption then every member of both Houses who voted for the act violated his sacred oath of office to pro-tect and defend the constitu-tion of the United States and the State of Utah. The major violation of the Utah State Constitution is in Article V, Section 28, whcih states: "Special Privileges Forbidden: The legislature shall not dele-gate to any special commission private corporation or associa-tion, any power to make, sup-ervise, or interfere with any municipal improvement, mon-ey, property or effects, wheth-er held in trust or otherwise, to levy taxes, to select a cap-it- ol site or to perform any municipal functions." If this act had been written in the State of Utah, by Utah legislators, checked and ap-proved by Utah attorneys, I feel sure it would have been worded differently. It was writ-ten by a group of lawyers, who call themselves the American Law Institute. This group writ-es most of land use planning bills (both federal and state)." (Utah Independent, Feb. 21, 1974.) As soon as S.B. 23, the Utah Land Use Act was passed, a group of concerned citizens made application for appoint-ment as notary publics. They secured sufficient signatures to plan the Land Use Act on the ballot by referendum. There is enough controversy about this act that it should cause some doubt in the minds of every property owner. He or she 9hould obtain a copy of the Act and study it out for their own information. They can then vote intelligently on the ballot on Nov. 5. For instance, "Land" as de-fined in the act "means the earth, water and air, above, be-low or on the surface and in-cludes any improvements or structures customarily regard-ed as such. "Land" in Websters Diction-ary is defined as "a solid part of the surface of the earth. Any part of the surface of the earth. As a country or estate, etc." This alone should cause us some concern. As it is de-fined in the act, ''Land" includ-es all water, mineral, oil or improvements such as homes, schools, churches, parks, etc. How could any right thinking person accept such an definition of Land as it is used in the act with-out being aware that it can be used to control much more than land. Another point to consider is Section 2, paragraph 2, "The legislature also finds that pri-vate property rights are of fun-damental interest to the people of this state and that such land use policy must be structured with the protection accorded those property rights under the constitution of the State of Utah and the United States. It is also recognized that inher-ent in the enjoyment of private property rights is the respon-sibility of the property owner to acknowledge the good of the State of which is property is a part." I have deliberately put in State" instead of ''Commun-ity" as it appears in the act. The reason for this is that the act is a state law, not a com-munity ordinance. There are many statements in the act that defy finite interpretation. They imply many things and could be interpreted several ways. The possibilities are so numerous that they cannot be detailed in a discussion such as this. I plead with each citizen of the State of Utah to obtain a copy of the Act and study it very carefully. A copy of the Utah Land Use Act can be obtained by con-tacting me, Delmar H. Reay, 459 East 200 Norh, Pleasant Grove. Telephone 785-336- It's a New Picture . . . Modern Army Has Changed "In many ways it's yist like everything in life. You get out of it what you put into it." Provo, Utah The Army pic-ture has changed quite a bit in the past few years and things are still changing according to local Army representative Sgt. Fred Hicks. "Everything is more sophi-sticated," he explained, "The training, uniforms, living acco-modations have all been up-graded. "In some aspects, working in the Army is no different than working at a civilian job. Most Army jobs now have regular business hours with free time off in the evenings and on week ends for individual interests. Restrictions on leaving the post have also been relaxed consid-erably in the past few years." Sgt. Hicks said an Armywide moderinzation program is cur-rently underway with an in creased emphasis on providing more individual comfort and privacy. "The Army is also giving greater attention to its training programs," he said. It is en-couraging its peop le to develop a secondary skill in addition to their primary skill thus better-ing their chances for promotion with the Army and obtaining later on in civilian life. "Most young people aren't aware of the many changes taking place in the Army. Many of them still have negative about military service. "Were not able to change all their minds but most of those we talk to listen to what we have to say and in many cases ask for rrore informa-tion. "We're not out to see the Army as a 'bed of roses.' It's not. It requires ambition, dili-gence and the ability to work as a part of a team. Re-ele- ct Harrison Conover REPUBLICAN s V - ' ; ! I County Assessor Awarded "Utah Property tax administrator of the year 1974" Utah Certified Appraiser Believes in equalized property assessment state wide Native of Utah County Successful businessman and newspaper publisher Active in local affairs and organizations Has always fought for the rights of the citizen HARRISON CONOVER NOV. 5 Pd. Pol. Adv. Sego Lily Hills 3 View Lots Approximately Vi Acre 7,200 Phone 785-370- 0 ON THESE FINE HUNTING BUYS. Special 74 BLAZER M895 350 V8, four wheel drive, automatic-trans.- , power steerino & brakes, air cond., Cheyenne package 71 CHEV $2695 2A ton Cheyenne, 400 V8, power steering. 70 FORD $1795 Ranchero, 351 V8, automatic-trans- . '69 CHEV $1995 Vi ton, four wheel dirve, V8, ONLY 7-7- CHEV CARS LEFT HURRY IN FOR A GOOD BUY Gene Harvey CHEVROLET SALES AND SERVICE 251 So. 5th E. - AMERICAN FORK Provo Toll Free Line American Fork 756-354- 6 Present and Proposed Changes (cont.) value of such property shall remain only for the purpose of debt limitations as set forth in Article XIV of this Constitution. The proceeds from such a tax or fee shall not be subject to Section 13 of this Article and shall be distributed to the taxing districts in which the exempted prop-erty is located in the same proportion as the revenue collected from real prop-erty tax is distributed to such districts. Section 2. Submission to electors. The Secretary of State is directed to submit this proposed amendment to the electors of the State of Utah at the next gener-al election in the manner provided by law. Section 3. Effective date. If adopted by the electors of this state, this amend-ment shall take effect De-cember 31, 1974. Proposed Amendment fire protection services or any combination of these services and may author-ize the county, city, or town: (1) to levy taxes upon the taxable property in only such districts for the purpose of acquiring, constructing, equipping, operating, and maintaining facilities required for any or all of these services, and (2) to issue bonds of these districts for the pur-pose of acquiring, con-structing, and equipping any-o- these facilities with-out regard to the limita-tions of Section 3 and 4 of this Article XIV but subject to such limitation on the aggregate amount of these bonds which may be outstanding at any one time as may be provided by law; but the authority to levy taxes upon the tax-able property in these dis-tricts and to issue bonds of these districts payable from taxes levied on the taxable property in them shall be conditioned upon the assent of a majority of the qualified electors of the district voting in an elec-tion for this purpose to be held as provided by law. Any such district created by a county may contain all or part of any incorp-orated municipality or municipalities but only with the consent of the governing authorities thereof. Laws in effect at the time of the adoption of this section and districts established pursuant to these laws shall not be af-fected by the adoption of this section. Section 2. The Secretary of State is directed to sub-mit this proposed amend-ment to the electors of the State of Utah at the next general election in the manner provided by law. Section 3. If adopted by the electors of this state, this amendment shall take effect on January 1, 1975. Present Provision law, the Governor, Attor-ney General and Superin-tendent of Public Instruc-tion shall consistitute a Board of Reform School Commissioners. Said Board shall have such supervision of all matters connected with the State Reform School as may be provided by law. Section 16. Duties of Secretary of State. The Secretary of State shall keep a record of the of-ficial acts of the Legisla-ture and Executive De-partment of the State, 'and, when required, shall lay the same and all matters relative thereto before either branch of the Legis-lature, and shall perform such other duties as may be provided by law. Section 17. Duties of Auditor and Treasurer. The Auditor shall be Auditor of Public Accounts, and the Treasurer shall be the cus-todian of public moneys, and each shall perform such other duties as may be provided by law. Section 18. Duties of Attorney General. The At-torney General shall be the legal adviser of the State officers, and shall perform such other duties as may be provided by law. Section 19. Superin-tendent of Pubilc Instruc-tion. The Superintendent of Public Instruction shall perform such duties as may be provided by law. Section 20. Compensa-tion of state officers. The Governor, Secretary of State, Auditor, treasurer, Attorney General and such other State and District of-ficers as may be provided for by law, shall receive for their services monthly, a compensation as fixed by law. Section 21. Grants and commissions. All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and counter-signed by the Secretary of State. Section 22. The great seal. There shall be a seal of the State, which shall be kept by the Secretary of State, and used by him of-ficially. Said seal shall be called "The Great Seal of the State of Utah." The present seal of the Terri-tory of Utah shall be the seal of the State until otherwise provided by law. Section 23. : United States officials ineligible Governor not eligible for senate. No person, while holding any office under the United States' govern-ment, shall hold any office under the State govern-ment of Utah, and the Gov-ernor shall not be eligible for election to the Senate of the United States dur-ing the term for which he shall have been elected Governor. Proposed Amendment proposition no. 2 lending of public credit shall section 29 of satratitcelecovnistiotfutitohne be amended to per-mit the state to lteond its credit only aid in the estab-lishment or expan-sion of private in-sdtuastetr. y (twheithpirnestehnet law and the. pro-paoresedon caamrednsdments in the polling place and BOOTH.) Be is resolved by the Leg-islature of the Stelle of Utah, two-third- s of all members elected to each of the two houses voting in favor there-of- : Present Provision Section 29. Lending public credit forbidden. The Legislature shall not authorize the State, or any county, city, town, town-ship, district or other po-litical subdivision of the State to lend its credit or subscribe to stock or bonds in aid of any railroad, telegraph or other private individual or corporate en-terprise or undertaking. Proposed Amendment PROPOSITION NO. 3 TANGIBLE PERSONAL PROPERTY TAX EXEMPTIONS SHALL ARTICLE XIII OF THE STATE CONSTITU-TION BE AMENDED BY ADDING A NEW SEC-TION TO PERMIT THE LEGISLATURE TO EX-EMPT AIRCRAFT. WAT-ERCRAF- T OR TANG-IBLE PERSONAL PROP-ERTY (PRINCIPALLY MOTOR VEHICLES) WHICH IS REGISTERED FOR USE UPON PUBLIC HIGHWAYS OR PUBLIC LANDS, FROM TAXA-TION AS PROPERTY AND TO PROVIDE IN LIEU THEREOF A STATEWIDE UNIFORM FEE. ASSESSMENT OR IEVY; PROVIDED THE VALUE OF SUCH PROP-ERTY SHALL REMAIN ONLY FOR THE PUR-POSE OF ESTABLISH-ING DEBT LIMITA-TIONS. (THE PRESENT LAW AND THE PRO-POSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by the Leg-islature of the Stale of Utah, two-third- of all members elected to each of the two houses voting in favor there-of: Section 1. Proposal to amend a section. It is pro-posed to amend Article iXIII of the Constitution of Utah by adding a new sec-tion to read: Section 14. Exemption of aircraft and watercraft or tangible property from tangible property statewide uniform fee. The Legisla-ture may exempt aircraft or watercraft or tangible personal property which is required by law to be reg-istered for use upon public highways or public lands not exempt under the laws of the United States, or under this Constitution, from taxation as property, and in lieu thereof, if such exemption is granted, shall provide a statewide uni-form fee or a statewide uniform rate of assessment or levy in such manner and at such rates as may be provided by law; pro-vided, that if any such property is exempted from taxation as property, the PROPOSITION NO. 4 SPECIAL SERVICE DISTRICTS SHALL ARTICLE XIV OF THE STATE CONSTITU-TION BE AMENDED BY ADDING A NEW SEC-TION TO PERMIT THE LEGISLATURE TO AUTHORIZE ANY COUNTY, CITY, OR TOWN TO ESTABLISH SPECIAL DISTRICTS TO PROVIDE WATER. SEW-FERLAOGOE, DDRAINAGE, CONTROL, GARBAGE, HOSPITAL, TRANSP O R T A T I O N, RECREATION, ANDFIRE PROTECTION SERV-ICES. AND TO LEVY TAXES AND ISSUE BONDS FOR ACQUIR-ING, CONSTRUCTING. AND EQUIPPING ANY OF THESE FACILITIES. CONDITIONED UPON THE ASSENT OF A MA-JORITY OF THE QUALI-FIED VOTERS OF THE DISTRICT. (THE PRES-ENT LAW AND THE PROPOSED AMEND-MENTS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be it resolved by the Leg-islature of the Stale of Utah, two-third- s of all members elected to each of the two houses voting in favor there-of: I, CLYDE L. MILLER, Sec-retary of State of the State of Utah, DO HEREBY CERTIFY that the forego-ing is a full, true and cor-rect copy of the constitu-tional amendments pro-posed by the budget session and the Budget Session of the Second Special Session of the Fortieth Legislature, 1974. IN WITNESS WHERE-OF, I have hereunto set my hand, and affixed the Great Seal of the State of Utah, at Salt Lake City, this 1st day of September, 1974. S&g&A CLYDE L. h(nii!o MILLER Secretary The compensation for said officers as provided in all laws enacted pur-suant to this Constitution, shall be in full for all serv-ices rendered by said of-ficers, respectively, in any official capacity or employ-ment during their respec-tive terms of office. No such officer shall receive for the performance of any official duty any fee for his own use, but all fees fixed by law for the per-formance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while travel-ing in the State in the per-formance of official duty. (As amended November 5, 1946, effective January 1, 1947; November 7, 1950, effective November 7, 1950.) Section 1. Section It is proposed that Article VI, Section 29 of the Constitution of the State of Utah be amended to read: Section 29. Lending of public credit. The Legis-lature shall not authorize the State, or any political subdivision of the State to lend its credit except to aid in the establishment or expansion of private in-dustry within the state. Section 2. Submission to the electorate. The Secre-tary of State is directed to submit this proposed to the electors of the State of Utah at the next general election in the manner provided by law. Section 3. Effective date. If adopted by the electors of this state, this amend-ment shall take effect on January 1, 1975. Section 1. It is proposed to amend Article XIV of the Constitution of the State of Utah by the addi-tion of Section 8 to read: Section 8. The legisla-ture by general law may authorize any county, city, or town to establish spec-ial districts within all or any part of the county, city, or town to be gov-erned by the governing authority of the county, city, or town with power to provide water, sewage, drainage, flood control, garbage, hospital, trans-portation, recreation, and Cub Scouts Visit Museum, Log Cabin Last Week The Pleasant Grove Cub Scouts were able to experience October's theme of "Olden Times" first hand when they visited the Pioneer Museum, which is the first school house of Pleasant Grove, and the Log Cabin to see how their ances-tors lived and worked each day. The boys were entertained by Harold and Lucille Walker as they told stories of the first settlers of Pleasant. Grove. The boys were able to com-plete an achievement in scout-ing also as it is required to visit a hisotrical spot in the area. 135 iboys participated in the two days, Oct. 8 and Oct. 10 under the direction of Cub leaders Barbara Larson, Carma Jones, Cathy Harrison, Joan Merrill, Bonnie Wishmeyer, Maurine Johnson, Donna Wall, Melba Hoffer, Leone Shum-wa- y, Lenna Watkins, Anita Phillips, Thais DeGrey, Billie Woods, Linda Bullough and Carol Larson. |
