Carrol Daily Times Herald from Carroll, Iowa on June 29, 1974 · Page 1
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June 29, 1974

Carrol Daily Times Herald from Carroll, Iowa · Page 1

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Carroll, Iowa
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Saturday, June 29, 1974
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towa Carroll Daily Times Herald Vol. 105 — No. 153 Return Postage Guaranteed Carroll, Iowa, Saturday, June 29, 1974 -Six Pages Delivered by Carrier Boy Each Evening for 60c Per Week 15c Single Copy Ownership, Maintenance Issues; $50,00 Asked County Sues Railway to Settle Span Fight A dispute between the Carroll County Board of Supervisors and the Chicago and North Western Transportation Company concerning responsibility for a bridge near Arcadia has erupted into a law suit. The Board of Supervisors has filed suit in District Court here to determine who is responsible for maintenance of the structure and who actually legally owns the bridge. The suit asks $50,000 damages from the railroad company, which ordered the bridge closed. The suit, filed in three parts, is the latest of several episodes in the controversy between the board and the railroad company since the bridge was closed by order of a Chicago and North Western bridge inspection crew in April of 1973. The inspection Quinn's to Become Burkett's The Carroll business district will see a change Monday, July 1. On that day Eddie Quinn Clothier officially becomes Burkett's, Inc. under the ownership of Kenneth Burkett and Jim Bowers. Burkett has moved to Carroll from LeMars to operate the store, while Bowers will remain in LeMars and continue to operate the Bowers' Clothing store. The Bowers store has been in LeMars for four generations and has been owned and operated by Jim Bowers for the last 25 years. Burkett has been associated with the Bowers store for 15 years, and has been manager and buyer for the store for six years. He will remain associated with the LeMars store. "We are aware of the important part Eddie Quinn's has played, in the community, and we plan to operate the store with top quality merchandise at fair prices for men and boys," Burkett said. Burkett said there will be no basic changes in either personnel or operation of the store. Harry Rose, manager of the Eddie Quinn store here for more than 12 years, and in the clothing business for nearly 50 years, will remain at the store, Burkett said. Eddie Quinn's has been in Carroll for 26 years. Both Bowers and Burkett said they were "most impressed" with Carroll and especially with the city's urban renewal project. "We are both happy to be a part of it, and see nothing but a great STORE, See Page 2 unit ordered the bridge closed because it deemed the structure unsafe. The supervisors contend in their petition that the railroad company owns the bridge over the railroad tracks about a half mile east of Arcadia, and claims the company has failed to properly maintain the bridge as required by law. The structure is an extension of County Road M-68 and in the past has been a popular short-cut for farmers hauling grain to the Farmers Co-op elevator in Arcadia. During the time the bridge was open, farmers were able to cross the tracks via the bridge and take a gravel road to the elevator rather than driving their machinery on U.S. 30. In lieu of properly maintaining or repairing the bridge, the petition claims, the railroad company closed the bridge. The board of supervisors contends that by closing the bridge the railroad company has in turn closed County Road M-68. The petition states the company has no legal power to close a road, and holds the only authority to close a road rests with the Board of Supervisors. The petition asks the court to compel the railroad company to fix, repair, reconstruct and maintain the bridge since it involves County Road M-68. According to the petition, the railroad company has denied it owns the bridge or that it has an obligation to maintain and repair it. The petition says the company claims the supervisors are obligated to maintain the structure. If neither party makes an effort to maintain or repair the bridge, the road will remain closed perpetually, constituting a harm to residents of Arcadia, farmers in the surrounding area, and all persons who use U.S. 30 hear Arcadia, the board claims. The second division of the suit asks the court for a judgment that the county is entitled to use the bridge and County Road M-68, and to find that the railroad company is legally obligated to maintain, repair and reconstruct and bridge so it is useable. Finally, the board is asking $50,000 damages from the company as a result of the company's "refusal and neglect to perform its duties and obligations," the suit states. The supervisors claim the Figures ii Store Change— -Staff Photo The Eddie Quinn Clothier store in Carroll will officially become Burkett's, Inc. Monday, July 1, under the ownership of Kenneth Burkett and Jim Bowers. Burkett has moved to Carroll to manage the store, while Bowers, owner and operator of the Bowers' Clothing store in LeMars, will continue to operate that store. Both men were in Carroll Friday to meet with Eddie Quinn, who has owned the store here for 26 years. In the clothier group (above), from left, are, Burkett, Harry Rose, former manager of the Eddie Quinn store here, Eddie Quinn of Spencer and Bowers. Summer School to Start July 8 Summer school for about 250 pre-school, kindergarten, first, second and third grade students in the Carroll Community School District will begin JulyS. The program is designed to strengthen the individual's weaknesses and help make the student ready for the grade he or she will be entering this fall in either a public or a private school in the district. Gary Tessmer, asst. supt. in charge of business affairs of the Carroll Community School District, said students already in school are selected by recommendations from teachers. Pre-school children are selected by a test conducted at kindergarten round-up. On the basis of these recommendations and tests, Tessmer said the school district sends invitations to parents asking them to submit applications for their children. He said about 90 per cent of the pre-school children and about 80 per cent of the other grade levels invited actually attend the summer classes. Students are not required to enroll in the summer program, Tessmer said. Classroom procedures are "very fexible," Tessmer said. School, See Page 4 damages because they say they have been unable to provide the residents of Carroll County the access and use of M-68, to furnish the farmers of the Arcadia area with sufficient farm-to-market access to the town and elevator and to provide Arcadia residents and area farmers safely in approaching Arcadia. In February, the Iowa State Commerce Commission ruled there was not enough need for the bridge to require that it be replaced or repaired. The supervisors argued before the ICC that without the bridge as a cross "a dangerous buildup of traffic occurrs on Highway 30 near the intersection of the Chicago and North Western tracks and Highway 285 when train activity blocks the highway-railroad grade Special Audit at DMACC DES MOINES, Iowa (AP) — Iowa's area schools need to keep better track of equipment purchased with federal funds for use in manpower training programs, state Auditor Lloyd Smith said Saturday. He released a special audit which said thousands of dollars worth of equipment used in such programs has been stolen or mislaid. The audit said a cost valuation of equipment bought with Manpower Development and Training Act funds listed a total value of $944,151, plus federal excess property valued at $99,595, as of June 30,1973. But the auditors found the listing represents neither "the true cost value at time of purchase, nor ... a correct listing of the equipment inventory as of that date." The audit recommended several measures to tighten equipment inventory controls. Asst. Supt. Jack Asby of the Area XI Community College at Ankeny in a letter to the state auditor's office said the recommendations would be promptly carried out at the Des Moines Skill Center, which Area XI operates. The primary objective of the Manpower Development and Training Act is to provide education and training for the unemployed and underemployer. Funds provided under the act to Iowa totaled $1,327,753 in fiscal 1973. They are administered by the Department of Public Instruction. The Iowa Employment Security Commission initiates requests for training of individuals or groups. When a project receives federal approval, a given training facility is awarded a contract to carry it out. Audit, See Page 4 Area Forecast Partly cloudy and cooler Saturday night and Sunday. Lows Saturday night 55 to 60. Highs Sunday upper 70s. crossing." In its application for the hearing before the Commerce Commission, the board said without the bridge, combined with train traffic at the crossing on Highway 285, emergency service such as ambulance and fire protection is hindered from serving Arcadia and the surrounding area. Don Diers, owner of the Arcadia Oil Company, located across U.S. 30 from the bridge, said Friday that because of an uphill grade trains often block the Highway 285 crossing into Arcadia for up to a half an hour. He said that without the bridge persons on the south side of the railroad tracks could be without fire protection from the Arcadia fire department when trains are on the tracks. As an example, he said if a train were blocking the Highway 285 grade crossing and his service station were on fire, "the trucks could get as far as the bridge, and then sit there on the other side of the tracks and watch the station burn." The ICC said in its ruling there is room for "about three automobiles" between the grade crossing at Highway 285 and U.S. 30. The commission said that when a train is blocking the grade crossing, traffic "backs up and parks on both shoulders of Highway 30, neither of which are wide enough to allow a vehicle to be completely off the highway." But the commission also said that while the occupation of U.S. 30 with vehicles waiting at the grade crossing is "undesirable," it does not create a need for the bridge without showing the traffic is unable to adjust to the congestion. The ICC did not address itself to the question of whose responsibility it is to maintain and repair the bridge, since it ruled there was "no absolute need" for the bridge. At the commission hearing, both the railroad and Carroll County argued it was the other's responsibility to maintain and repair the structure. Both the supervisors and the railroad agree that if the bridge is to be used, repairs are needed. The cost of repairing the structure to safely handle an eight-ton load has been estimated at $10,069. The commission said in its ruling it was not ordering the bridge be removed — only that it was not required to be maintained and repaired. It further ruled that Carroll County could make the bridge operable at its own expense. ;BRIDGETLOSED >*- • * *''*.#&$ty' : y*i& f-•''' - f". - V'^^'^i^Mr^*-^ Focus of Controversy— -Staff Photo Don Diers, owner of the Arcadia Oil Company, stands in front of bridge 816, a source of continuing controversy between the Carroll County Board of Supervisors and the Chicago and North Western Transportation Company. The bridge, located about a half mile east of Arcadia, has been closed for 14 months after it was declared unsafe. The board of supervisors has filed suit in District Court here seeking to compel the railroad to repair and maintain the bridge, and seeking $50,000 damages from the railraod for closing the bridge. , Nixon, Brezhnev Sign 10-Year Pact Facilitating Cooperation MOSCOW (AP) —President Nixon and Soviet leader Leonid I. Brezhnev today signed a 10-year agreement to facilitate economic, industrial and technical cooperation between the Soviet Union and the United States. It was the fourth agreement signed by Nixon and the Communist party general secretary since their summit talks began Thursday. Others concerned fields of health, housing and energy. Today's agreement includes sales of machinery and other equipment for modernizing production facilities and for annual exchange of economic information. The accord also deals with purchases and sales of raw materials, agricultural products, finished products, and consumer goods and services. Other provisions concern patent rights and training of technicians and specialists. The agreement was signed after Nixon and Brezhnev held a fourth round of talks in the Kremlin. They were to leave for the Crimea to continue their talks on such subjects as further limitation of missile defense systems. Trade between the two coun- tries last year totaled $1.4 billion, but the advances sought by the Nixon administration as an instrument of detente are threatened by congressional resistance to permit trade credits and to lower tariff barriers. A majority of both houses stands opposed to such advantages until the Soviet Union permits free emigration of Jews and other Soviet citizens. By the Soviet leader's own public account, the talks are "passing into an atmosphere of frankness" — an indication that hard bargaining has been done. At the top of the list is nuclear weapons. New Iowa Laws to Go into Effect Monday Traffic Counter— -Staff Photo With clear skies and temperatures in the mid-eighties, Kathy Kemper of Templeton didn't miss a ray of sunlight Friday. Perched on the hood of her car, she counted traffic on Highway 141 near Coon Rapids. She has been collecting traffic data for the Iowa State Highway Commission all summer. This information will be used to study road usage. By The Associated Press What's new in Iowa? Quite a bit thanks to the 1974 Iowa Legislature. And all lowans will start feeling the changes—and reaping a rare monetary benefit via a tax break—starting Monday. Most of the 283 laws passed by the last session of the Iowa General Assembly are effective July 1, and there will be some significant changes in Iowa life. For example: —The 3 per cent sales tax on food for use at home, prescription drugs and other specific items is lifted as part of a $40 million tax relief package. —Maximum annual interest rate on retail revolving charge accounts jumps from 9 to 18 per cent on balances up to $500. —If you own any kind of watercraft—be it a motorboat, sailboat, canoe, rowboat or even a Huck Finn's raft—registration with the county recorder is required. —Public employes on the state, county and municipal level have the right to join unions for the purpose of bargaining collectively. —You'll be able to make a right turn—or left into a one- way street—on a red light. —Property tax notices and records will be a bit easier to understand because taxes will be based on a simpler formula than millage rates and assessed and "actual" valuations. —F a r-reaching legislation will go into the books that places emphasis from punishment to rehabilitation in child abuse cases and alcoholism. —Iowa will have a state department of transportation (DOT). . The four-month long session that hammered out the wide range of legislation ended in the wee hours of May 5 with passage of the controversial consumer credit bill. The 114-page'consumer credit bill, appropriations totaling about $1 billion (including original appropriations made in the 1973 session), the tax break, establishment of DOT were long major items of the session, but some of the lesser debated— and known —measures also could make long-ranges changes on the lives of lowans. Starting Monday, judges will' be required to order a pre-sentence investigation of all convicted felons. This new statute is one passed by the 1973 session, but effective this July 1. Under the old law, whether to conduct such an investigation was an option of the sentencing judge. Habitual traffic offenders could have their license revoked for up to six years under one of the strongest habitual offender statutes in the nation. Promoters of wrestling and boxing events will have to be Iowa residents, cities are required to cut curbs or install ramps so people in wheelchairs can move about more freely and doctors will be able to treat any person—not just those over 15_for venereal disease. A state budget surplus listed between $100 and $180 made some kind of tax break possible, and the plan finally adopted will be one felt almost every day by lowans. The State Department of Laws, See Page 4

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