By Myrna Trauntvein
Times-News Correspondent
It has been a bit of a controversial issue with
some of the older residents, but a street right-of-way
has been abandoned.
The street in question runs north to south on the
city/county complex block and would align, if it were
ever built, with existing streets going north and south
one block east of Main Street.
On Tuesday evening, Nephi City Council voted to
abandon the 99-foot wide street right-of-way on 100 East
street between 100 North and 200 North.
"We have consulted with the operators of
underground facilities and utilities," said McKnight.
An agreement between Qwest, the local telephone
service provider, and the city has been worked out to the
satisfaction of both.
"Abandoning the street makes way for the new
ambulance building to be constructed on the property east
of the fire station," said Chad Brough, mayor.
Some months ago, J. Barris Jenkins told the council
that, when he was mayor, the former Juab High School
property, which had belonged to the school district, was
turned over to the city and county. At that time, the
city council determined to designate a right-of-way as a
dedicated street.
Jenkins told council members when he addressed them
that he thought protecting the right-of-way as a
dedicated street was a good idea.
Nevertheless, the city council has now determined
that there is a good cause for abandonment of the street
and that, since the city council has the authority to
vacate the street, it would be in the best public
interest to do so.
"We have held the public hearing and have complied
with legal requirements set by the state," McKnight
said.
The telephone company and the city had completed
the word-smithing and officials of the underground
utility, which travels along the right-of-way of the
vacated street, were satisfied that the utility was
protected. The city attorney was also satisfied with the
final agreement.
"The city will keep the property in its name," said
Randy McKnight, city administrator. "We are abandoning
the designation as a street."
Nephi city Council agreed to vacate and abandon the
street so that an ambulance building could be constructed
on the property.
"Whereas, Nephi City Council finds that vacating
the street will not be detrimental to the public
interest, but will be in the public interest by providing
better opportunity for the Juab County Fire District to
provide fire protection and emergency medical services,"
reads part of the ordinance which was adopted for
purposes of the abandonment.
The ordinance was adopted and became effective
immediately last Tuesday evening.
While an the abandonment of the city street was
necessary to make way for the new ambulance building to
be built, the process required took some time.
"The owners of existing underground utilities had
to be advised and consulted," said McKnight.
As part of his duties as city attorney, Denton
Hatch did the contacting.
"Qwest requested an easement for the existing
underground telephone facilities in that area," said
McKnight.
Officials of Qwest drafted an easement for the
council to consider. The document was reviewed by Hatch
and the county attorney, Jared Eldridge, who will
represented Juab County's interests.
The council then returned the document, via Hatch,
with recommendations the city had for inclusion in the
easement.
Plans are to locate the new ambulance facility next
to the city fire station on 100 North.
McKnight said that the telephone cable is
underground in conduit and a concrete cap is over that.
According to Qwest officials, there is no problem in
having the building over the line as long as an easement
is allowed.
