By Rebecca Dopp
Times-News Correspondent
The Levan Town Council was met with opposition to
adopting an ordinance that would limit the weight trucks
could haul on 100 South and 100 East to 10-tons with
exceptions for agriculture vehicles and delivery trucks
coming into the town to make deliveries. Violation of this
ordinance would be a Class C misdemeanor, including a fine
of $182 for the first offense, and $282 for subsequent
offenses. The ordinance was prepared by Denton Hatch, town
attorney.
The council felt that in the best interest of the town
and its citizens the weight limit was needed. Council
members felt that by limiting trucks to 10 tons each would
save the road from being heavily damaged and would reduce
the potential danger for citizens who live along the route
through town. It states in the ordinance that Levan,
pursuant to Section 10-8-11 of the Utah Code Annotated, has
the authority to regulate the use of streets within the
town.
Bob Steele, who has an interest in the mine, was very
vocal about the way the council was issuing this ordinance.
He asked several questions about whether or not a public
meeting had been held about adopting this ordinance, if a
study of road damage had been made on the road, and how much
it had cost in maintenance to repair any damages. He wanted
to know how the town could justify an ordinance on the
road.
Mayor Bob Shepherd said that he didn't think a study had
to be done on the road damage, and that the town had already
repaired the previous damage made as well as making an
alternate route. He said the town didn't need to have a
public meeting on this ordinance.
Shepherd said that the town had repaired the road through
town several times and felt that the town didn't need to
spend $10,000 for a study to say what they already knew.
"We've got the justification of ourselves to make that
determination," Shepherd firmly said. "We're going to do it
[put up weight limit signs] for the safety of our
citizens. That's our main consideration right now."
Steele said that the alternate route that the town of
Levan and Juab County had made was not safe for his drivers
and that his trucks could not make the turn.
Shepherd said that he had personally gone to the turn in
question with Mr. Steele and the county commissioners to see
if the trucks could make the turn safely. He said he was
under the impression that most of the trucks could make the
turn and that everyone had agreed to that fact. Steele said
that no such agreement had been made.
Shepherd said that the alternate route is built and
should be used. He said that all but one of the trucking
companies were now using the alternate route.
Kay Christopherson, a representative of H.E. Davis, said
that some of his trucks were too long and could not make the
turn. He also said that he did not want to put his drivers
in danger in bad weather.
He said that he did not want to lose his rights to use
the road through town by being made to abide by this
ordinance. He felt it would be a loss to his business. He
also felt that an ordinance should not be imposed until the
alternate route was deemed safe by the people who would be
made to use it.
He did say that he commended the county for all the work
that they had done on the alternate route and did not fault
them for the road not being done. He felt that the town of
Levan had dropped the ball when they could not acquire a
piece of land from Frank Peterson that would make the turn
straighter and more safe, in his opinion.
Shepherd said that he had donated part of his own
property for the turn and the county would only have to
condemn 1/10, or less, of the Peterson property to take the
corner off the turn. He said that Peterson wanted to
exchange for property where the other road already exists,
but the county did not want to condemn the property and said
that it was good enough when the trucks made the turn where
it is now.
"What more could we do?", the Mayor asked Christopherson.
"We've gone as far as we can go."
Shepherd said that according to Bob Garrett, road
superintendent for the county, Peterson would sell the
right-of-way for $10,000. The town said they had never
agreed to purchase the strip of property from Peterson.
Shepherd said their part of the agreement was to arrange for
the right-of-way exchange.
Christopherson said that everyone else had done their
part except Levan in acquiring the property.
Shepherd said the town of Levan does not have the
authority to condemn property in the county and that the
county did not want to condemn the property and now they are
at an impasse. He said it all sits with Peterson.
"We tried to get it done and it fell through," Shepherd
said. "Ralph [Brooks] met with the guy, and Peterson
said that 'if I lose this can I get this then we're okay',
and the county didn't get it done. When they said they could
make the turn, we thought it [the road] was
okay."
Shepherd said that there was no more need for discussion
and called for a vote on the ordinance. The Levan Town
Council decided to pass the ordinance by a unanimous roll
call vote. Mr. Steele asked to have a copy of the
minutes.
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