A Letter Was Received from Attorney Leon M. Frazier Representing a Mr. and Mrs. Haskell

May 8, 1950

Minutes of a regular meeting of the Orem City Council held May 8, 1950 at 8:00 P.M. in the Orem City Hall. Present were Mayor Gillman, Councilmen Edwards, Simmons, Loveless, Jacob, Knight, and Clerk Pyne. City Attorney H. V. Wentz was also present. Mayor Gillman was in charge of the meeting

A letter was received from Attorney Leon M. Frazier representing a Mr. and Mrs. Haskell Bates who fell in a ditch in front of the McEwan residence near the Auction Center on State Street. Mr. Frazier informed the city that his clients have filed a complaint against the city claiming damages amounting to $5,757.50. It was moved by Councilman Philo T. Edwards, seconded by Councilman E. J. Simmons and passed that the Attorney be authorized to answer to the complaint of Mr. Frazier and to notify him of action of the Council in that the claim was refused.

A. I. MacDonald was present to ask the Council to consider the setting up of two Mobile Portable X-Ray Units in the City in June for the purpose of checking Tuberculosis. It was moved by Councilman Ralph Knight, seconded by Councilman Ray Loveless and passed that the city advance the necessary $120 to set up the x-ray units.

Councilman Loveless reported on contact with member of the Alta Ditch Company concerning the Orem City-Alta case. The Alta Ditch Company is desirous of a settlement and will be willing to compromise. It was suggested by Christenson and Christenson that a compromise on the basis of four turns a week and a continuous flow over 5" second feet point or five turns a week and no continuous flow be made. With a continuous flow over 5 second feet for a period of only six weeks a season it may be practical to take the five turns each week. Attorney Wentz presented his views on the case, favoring a compromise over a continued law suit. Mayor Gillman explained to the Council what had happened previously between the city and Alta Ditch Company. He stated that he had been in favor of compromise and settling out of court from the very beginning. It was moved by Councilman Ray E. Loveless that the Council will meet with the Alta Board on Tuesday, May 9, 1950 at 5:30 p.m. and attempt to reach a compromise on the case. The attorneys on both sides are to be present. Motion was seconded by Councilman Ralph Knight, and passed.

It was recommended by the Mayor that the statement for power on Lighting District #1 against the Alpine School District be given to the Attorney for processing. The statement was returned with a letter of refusal to pay the light bill. It was moved by Councilman Ray Loveless, seconded by Councilman Ralph Knight and passed that the attorney be authorized to contact the Alpine School District on the above matter and attempt to collect the amount due on lights.

The Mayor reported that he had received applications to purchase lots on the hill near the tank. It was moved by Councilman Ray Loveless, seconded by Councilman Thomas Jacob and passed that the Council go on record as establishing a policy of refusing to sell any city-owned property.

Garbage collections were discussed. The second truck has been put into service hauling from business houses. Three men are hired at present to operate these trucks.

It was moved by Councilman Ralph Knight, seconded by Councilman E. J. Simmons and passed that the monthly report of the building inspector be accepted and approved.

It was moved by Councilman Philo T. Edwards, seconded by Councilman E. J. Simmons and passed that the gas line extension be approved on Bertha Street in Orem City, North of 8th North.

It was reported by Mayor Gillman that Wood and Decker Company has used Orem City Equipment and men in cleaning up 8th East Street. It was decided that $218.32 is to be deducted from the balance owed them as rental. The final estimates to be completed for next meeting.

Councilman Jacob reported that the Ford had arrived for the Police Department and that it included an overdrive which cost $97 and that a heater costing $67 was needed as well as new spot lights. It was moved by Councilman Ralph Knight, seconded by Councilman Philo T. Edwards and passed that the extras needed amounting to approximately $192.80 be approved and included in the cost of the car.

It was moved by Councilman Ray Loveless, seconded by Thomas A. Jacob that the payment of $433 to Lee Sand and Gravel he approved.

Engineer Beckman reported on the progress of constructing power line to the diversion unit and stated that the cost of the line and equipment will be somewhat less than estimated.

Mayor Gillman reported that he was unable to obtain the services of a city physician, but the City Board of Health is ready to be organized. It was suggested that the State Board of Health in Salt Lake City be contacted relative to the appointment of a City Physician.

It was move by Councilman Ray Loveless, seconded by Councilman Philo T. Edwards and passed that the minutes of meetings held Aril 24th, 26th, and May 1st, be corrected and approved.

Councilman Jacob reported that Patrolman Peters asked to be allowed to take his vacation. The matter was left to Councilman Jacob to use his best Judgment on the matter. It was suggested, however, that Mr. Peters wait until the job at the steam plant is terminated before taking his vacation.

Meeting adjourned.