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Some Early Settlers from Lehi to Plain City, Utah

A Personal Note

This document found its way into my family history files for good reason. Settler no. 68 — William Sharp (1825–1900) — is my ancestor. William was born 10 December 1825 in Misson, Nottinghamshire, England. He married Mary Ann Padley and the couple crossed the plains in the Moses Clawson Company, arriving in Salt Lake City on 15 September 1853. They went first to Lehi, but as the Plain City History records, “the land was not too good and there was no good grazing for their cattle.” They consecrated their Lehi property to the Church on 8 January 1857 — the same day as William Clark himself — before joining the group that would found Plain City.

The Daughters of Utah Pioneers history of Plain City describes William Sharp simply as “the first stone mason in Plain City.” That understates it considerably. He built the Episcopal Church in 1877, the old Singleton home, and Robert Maw’s adobe house — that last detail connecting two Lehi consecrators (nos. 68 and 47) in the work of building their new community. He played the cornet in Plain City’s first band alongside Abraham Maw. He made adobe bricks with Joseph Skeen, Joseph Robinson, and Jeppe G. Folkman — all men who appear on Clark’s consecration list. He worked with Thomas Singleton constructing many of Plain City’s early houses. His daughter Victorine Mary Sharp married Robert Edward Maw, connecting the two founding families by marriage as well as by community. His son Milo Riley Sharp played first base on Plain City’s founding baseball team, and Milo’s wife Lillie Stoker Sharp performed in Plain City’s second dramatic association. Milo served as school trustee beginning in 1897. Across generations, W. Albert Sharp served as a founding trustee of both the town board and the cemetery district when Plain City incorporated in 1944.

The Sharps were not alone in making that journey north from Lehi. The consecration list reads almost like a founding roster for Plain City — and the primary sources confirm it. Robert Maw (no. 47) left his own first-person account: “I Robert Maw, say that I was one of the first pioneers who came to Plain City on March 17, 1859. We left Lehi on the 10th of March.” The fall 1858 scouting party that selected the Plain City site included Daniel Collett (no. 14), Joseph Skeen (no. 69), William Wallace Raymond (no. 64), Joseph Robinson (no. 67), Joseph Folkman and Jeppe Folkman (no. 28), and Thomas Ashton — men who had consecrated their Lehi properties just months before. When Plain City Branch was organized in May 1859, William Wallace Raymond was appointed the first Presiding Elder, with Daniel Collett and Jeppe G. Folkman as counselors. Joseph Skeen — who built Plain City’s first log cabin and is credited with introducing adobe making to Utah — was appointed the first water master. His wife Alice Booth Robinson was recorded as the first white woman to set foot on Plain City soil.

Jeppe Jorgen Folkman (no. 28) managed Plain City’s cooperative ZCMI store from its founding in 1869 and operated one of the settlement’s first stores from his home. The Folkman family remained central to Plain City’s commercial and civic life for generations. Robert Maw (no. 47) founded the Maw family line in Plain City — his descendants produced three generations of ward bishops, a commercial dynasty in the Maw store and canning operations, and civic leaders serving on the town board and irrigation company board well into the twentieth century. William Van Dyke (no. 78) operated one of Plain City’s earliest merchant stores, confirmed as a living pioneer at the 1909 50th anniversary celebration. The Raymond family (nos. 63–64) provided the first Presiding Elder, first Relief Society president, and LDS Sunday School assistant superintendent.

The Lehi fort of the 1850s was, in a very real sense, the nursery of Plain City. Clark’s consecration list and the Plain City founding history are two windows into the same group of people, two years apart.

The following is a transcription of Clark’s paper, with the three original images and footnotes collected at the end.

Wayne E. Clark, a Lehi native and retired Auburn University professor of entomology, spent years examining the consecration deeds signed by early Lehi settlers, comparing them against Utah County property records, the 1860 Federal Census, Sanborn Fire Insurance Maps, and family history sources. His 2017 paper, part of the Wayne E. Clark Collection at the Lehi Historical Society and Archives (lehihistory.com), has been cited by the University of Utah’s Century of Black Mormons project and published in the Lehi Free Press. The underlying deeds are held in the Utah County Office of Land Records and at the BYU L. Tom Perry Special Collections.

Early Mormon Settlers in Lehi, Utah Territory, Consecrated Their Properties to Their Church

Wayne E. Clark
Lehi, Utah, 2017

The Lehi Pioneer Monument was erected in 1908 on the Northeast corner of First North and First West Streets in Lehi, Utah. A photographer pointing his lens toward the Southeast captured a portion of a small adobe home in an early photograph of the monument. That home stood on First North Street on the block on which the Lehi Memorial Building would come to stand in a few years. In pioneer times the block on which it stood was the northeastern-most of sixteen city blocks that were enclosed within a twelve-foot-high mud wall erected as protection against the fear of hostile Indians. The monument was constructed on the site of the last crumbling remnants of the old wall.

Things have changed in Lehi since the little adobe home stood across the street from the monument. The wall is gone and forgotten. The old Lehi High School/Junior High School athletic field that came to occupy the site on which the monument and the adobe house in the background is gone, if not entirely forgotten. Instead of the athletic field, chairs and umbrellas surround a small wading pool on a deck that extends south of the swimming pool that’s part of the large Lehi Legacy Center complex on the ground on which the monument stood, and a large parking lot covers the ground on which the house once stood. Today, if one stands on the spot where the photographer stood in 1908, or some time not long afterward, automobiles that carry people to and from the Lehi Legacy Center occupy a prominent portion of the scene. The Memorial Building can be seen along the photographer’s line of site in the background.

The owner of the home was my second great grandfather, English Mormon immigrant William Clark (1825–1910). He and at least 84 other heads of families in Lehi did what he did between 11 April 1856 and 30 January 1858. A little more than three years later he consecrated his little adobe house to the church.

Feramorz Young Fox provides an explanation of the “Consecration Movement” of the 1850s.2 He writes that the movement was church-wide. Hundreds of documents he calls “deeds of consecration” were generated in the Utah Territory between 1855 and 1862.3 The first public announcement of the Consecration Movement was given at general conference in April 1854, but the implementation was delayed until a proper form compliant with the laws of the Territory could be developed and printed. He writes that Brigham Young’s consecration deed4 is dated 11 April 1855, but notes the existence of an earlier deed recorded in Millard County on 1 January 1855.

Fox presents a table5 in which the numbers of deeds by county are listed, along with the population of each county between the years 1855 and 1857. The total for the fourteen counties in the table is given as 2,747. This must be the figure used by Leonard Arrington to calculate that about forty percent of the 7,000 heads of families in the Utah Territory deeded all their property to the church during the period in which the program was in effect.6 Fox gives the following numbers for Utah County: 69 (1855), 147 (1856), and 92 (1857) for a total of 922.

William Clark’s consecration deed is representative.

Be it known by these presents that I, William Clark, of Lehi City, in the county of Utah, and Territory of Utah, for and in consideration of the good will which I have for the Church of Jesus Christ of Latter Day Saints, give and convey unto Brigham Young, Trustee in Trust for said Church, his successors in office, and assigns, all my claim to and ownership of the following described property, to wit:

One lot in the City of Lehi with buildings thereon and improvements: Lot no. 6 in Block 16 containing 50/160 of an improvement.

Also Lot 9 in Block 7 of Plat B in the American Creek Survey of Farm Land containing 5 acres … $25.00
Also Lots 12 & 13 in Block 5 Containing 2 acres in the Lehi Garden Lot Survey … $20.00
Also Lot 15 in Block 10 Containing 10 acres in Plat B, American Creek Survey of Farm Land … $30.00
Also outstanding account in land … $200.00
1 yoke of oxen, 1 horse … $140.00
1 wagon, $45, 1 rifle, $10 … $55.00
2 cows @ $30.00 each, 1 two year old, $25 … $55.00
1 yearling heifer, $15, 1 hog, $17 … $32.00
Farming tools, $10. Mechanics tool, $2.50 … $12.50
Household furniture … $50.00
35 Bu. of Wheat @ $2 per Bushel … $70.00
10 Bu. of Corn @ $1.5 per Bushel … $15.00
30 Bu. of Oats @ $1 per Bushel … $30.00
30 Bu. of Potatoes @ $1 per Bushel … $30.00
Garden Vegetable $6, Hay $24 … $30.00
120 lbs of Pork at 20¢ per lb … $24.00

Total Amount of William Clark’s property … $1048.508

Together with all the rights privileges and appurtenances thereunto belonging or pertaining. I also covenant and agree that I am the lawful claimant and owner of said property and will warrant and forever defend the same unto the said Trustee in Trust, his successors in office and assigns, against the claims of our heirs and assigns, against the claims of any heirs, assigns, or any person whosoever.

[signed] William Clark his x mark

Witnesses:
Thomas Taylor
George A. Leslie
Thomas Ashton

Territory of Utah, County of Utah. I Lucius N. Scovill, Recorder of the aforesaid County, certify that the signer of the above transfer, personal known to me, appeared this 8th day of January AD 1857, and acknowledged that he of his own choice executed the foregoing transfer.

Lucius N. Scovill
Recorder of Utah Co. UT.

The property William Clark and his neighbors in Lehi consecrated to the church included title to land. This falls into three categories for Clark and for the others: farm land, garden plots and lots on city blocks. The farm land is defined in what the deeds refer to as the “American Creek Survey of Farm Land.” This survey has not been located.9 Likewise, the survey for the Garden Plots referred to on the consecration deeds has not been located.10 The third category of property in land recorded on the consecration deeds refers to a “Lehi Survey of Building Lots.” The survey was evidently done in 1853 by Bishop Evans, as described in the consecration deeds.

The sixteen blocks inside the fort were numbered beginning with the block on the Southeast corner as Block 1 and continuing east to west with Blocks 2 through 4, then switching to east on the second tier of blocks and so forth to Block 16 on the Northeast corner of the fort.

Although the blocks inside the fort had to be re-numbered, this numbering system is consistent with one in use today. The current system apparently dates from 1861. According to Gardner,13 on April 27, 1861, the council received a numerously signed petition asking that the city be enlarged. This unmistakable sign of growth occasioned much discussion. For one, Bishop Evans seriously objected to any such extension of the city, giving as his reason the lack of water in Dry Creek to supply any considerable addition to the population of Lehi. Finally, however, all objections were satisfactorily adjusted, and the City Council ordered that a tier of blocks be surveyed around the wall. These did not supply the unexpected demand for building lots, so a tier each on the North and South was subsequently surveyed and sold to home builders.

Gardner included a diagrammatic depiction of the fort, surrounded by the wall, in his history,14 with four gates for ingress and egress, four guard towers, and the locations and layouts of each of the blocks, as well as the layout of the building lots on the blocks, are depicted. The numbers of blocks 1–16 are shown, with the corresponding numbers of the same blocks in the later surveys and continuing to this date, in parentheses. The lot and block numbers are listed on 71 of the 85 1856/1858 Lehi consecration deeds.15 The building lots on the diagram as assigned to the individual settlers are identified by the following numbers. Some of the homes listed on the consecration deeds are still standing. The house nearest current addresses of these are listed. The apparent location of houses no longer standing are also given below.
The Settler Lists

Note: Seventy-two of the 85 examined consecration deeds list the block number and the lot number of property in the city. All of the blocks listed are inside the fort. A few deeds list portions of additional lots, and some list two or more complete building lots. Thirteen deeds list no city lots. Presumably those individuals did not own their own homes. Thirty-two deeds list an adobe house and one lists a “mud house.” These are valued from $150.00 to $1,100.00. Two individuals, Abram Hatch and John Riggs Murdock, specified that their adobe houses had four rooms and one cellar. Joseph Skeen listed a 6-room adobe house. Eight log houses (on 7 lots), with values ranging from $60.00 to $200.00, are listed on the deeds. Eighteen deeds list a lot number and a block number but specify only that the property was “with improvements,” without describing the type of house. Fourteen of the 85 deeds have no lot or block numbers or houses. Presumably these individuals did not own their own homes. Lehi settler’s consecrations ranged from $127.75 to $3,075.00, for a total of $93,128.70.

South, 400 West
1. Andrew Anderson (1833–1909). Lehi, Lot 4, Block 12, with adobe house, $400.00, $1,203.00 total consecration. 17 November 1856. BK C, 1855, p. 83. 37 South, 400 West

South, 200 West
2. Thomas Ashton (1813–1903). Lehi, Lot 8, Block 11, with log house, $200.00, $1,543.00 total consecration. 9 January 1857. BK F, p. 109. 36 South, 200 West

140 South, 200 West
3. Charles Barnes Jr. (1827–1911). Lehi, Lot 2, Block 7, with adobe house, $300.00, $1,008.00 total consecration. 10 January 1857. BK F, p. 129.

69 South, 300 West
4. Alfred Bell (1794–1874). Lehi, Lot 4, Block 11, with adobe house, $400.00, $1,201.00 total consecration. 10 January 1857. BK F, p. 123.

5. Jens Peter Ipsen Benson [Peter Benson] (1831–1898). Lehi, no city lot, $135.00 total consecration. 16 January 1857. BK F, p. 177.

6. Yeppa Benson [Jeppe Bendtsen] (1795–1872). Lehi, no city lot, $168.00 total consecration. 16 January 1857. BK F, p. 177.

West, 300 South
7. Samuel Briggs (1826–1898). Lehi, Lot 3, Block 4, with adobe house, $150.00, $997.00 total consecration. 10 January 1857. BK F, p. 131. 382

West Main Street
8. George Brough (1823–1914). Lehi, Lot 7, Block 16, with adobe home, $150.00, $421.00 total consecration. 16 January 1857. BK F, p. 180. 55 North Center Street

North Center Street
9. Abram Brown [Abraham Brown] (1808–1891). Lehi, Lot 9, Block 12, with adobe house, $250.00, $608.00 total consecration. 26 January 1857. BK F, p. 208. 333 West Main Street

West Main Street
10. John Brown (1820–1896). Lehi, Lot 7, Block 9, with improvements, $150.00, $3,083.00 total consecration. 8 January 1857. BK F, p. 81. 45 West Main Street

15 West, 100 South
11. Martin Bushman (1802–1870). Lehi, Lot 6, Block 8, with improvements, $300.00, $1,032.00 total consecration. 16 January 1857. BK F, p. 167.

284 West, 200 South
12. David Clark (1816–1889). Lehi, Lot 2, Block 6, with adobe house, $600.00, $1,520.00 total consecration. 5 February 1857. BK G, p. 71.

100 West, 100 North
13. William Clark (1825–1910). Lehi, Lot 6, Block 16, with adobe house, $200.00, $1,048.50 total consecration. 8 January 1857. BK F, p. 91. 45 West, 100 North

West Main Street
14. Daniel Collett (1807–1894). Lehi, Lot 4, Block 15, with improvements, $200.00, $1,313 total consecration. 10 January 1857. BK F, p. 126. 188 West Main Street

West Main Street
15. Sylvanus Collett (1835–1901). Lehi, Lot 6, Block 10, with adobe house, $150.00, $360.00 total consecration. 9 January 1857. BK F, p.

104, 115 West Main Street
16. Sarah Couzens [Sarah Jaque] (widow of Joseph Couzens [Joseph William Cousins (1809–1856)], deceased). Lehi, Lot 4, Block 13, with improvements, $150.00, $927.20 total consecration. 9 March 1857. BK H, p. 40.

206, 389 West, 100 South
17. Daniel William Cox (1801–1858). Lehi, Lot 5, Block 5, with adobe house, $450.00, $2,225.50 total consecration. 20 January 1857. BK F, p.

West Main Street
18. William Taylor Dennis (1810–1894). Lehi, no city lot, $4,115.50 total consecration. 9 January 1857. BK F, p. 111.

West Main Street
19. Joseph Dobson (1804–1872). Lehi, Lot 2, Block 15, with mud house, $200.00, $721.00 total consecration. 8 January 1857. BK F, p. 83. 130

86 North, 400 West
20. James Downs (1815–1882). Lehi, Lot 6 and W1/2 of Lot 7, Block 13, with adobe house, $250.00, $1,813.00 total consecration. 9 March 1857. BK H, p. 46.16

North, 100 West
21. Robert Dunn (1818–1885). Lehi, Lot 5, Block 16, with improvements, $250.00, $1,085 total consecration. 20 January 1857. BK F, p. 272.17 86 North, 100 West

North, 100 West
22. Shadrack Empy (1822–1892). Lehi, Lot 7, Block 14, with adobe house, $200.00, $820.00 total consecration. 10 January 1857. BK F, p. 130. 229

West, 100 North
23. Abel Evans (1812–1866). Lehi, Lot 5, Block 14, except NE Quarter of lot, with house, $150.00, $528.00 total consecration. 31 December 1856. BK F, p. 40.18 90 North, 300 West

Main Street
24. David Evans (1804–1883). Lehi, Lots 2 and 6, Block 14, $1,100.00, $3,075.00 total consecration. 10 May 1856. BK C, p. 39.19 288 West Main Street

Main Street
25. Henry Beck Evans (1830–1911). Lehi, no city lot, $180.00 total consecration. 28 January 1857. BK F, p. 284.

200 West
26. Joseph Field (1831–1911). Lehi, Lot 4, Block 10, with improvements, $200.00, $489.00 total consecration. 16 January 1857. BK F, p. 178. 49

200 West, South
27. John Folker (1814–1884). Lehi, Lot 8, Block 6, with adobe house, $200.00, $984.00 total consecration. 8 January 1857. BK F, p. 94. 166

South, 200 West
28. Jeppe George Folkmann [Jeppe Jorgen Folkman] (1824–1916).20 Lehi, Lot 6, Block 1, with improvements, $65.00, $394.00 total consecration. 28 January 1857. BK F, p. 285. 65 West, 200 South

200 West, South
29. William Fotheringham (1826–1913). Lehi, Lot 3, Block 1, with two log houses, $100.00, $1,845 total consecration. 4 November 1856. BK C, p.

73, 66 West, 300 South
30. Charles Wesley Gallup. Lehi, no city lot, $438.50 total consecration. 16 January 1857. BK F, p. 170.

31. John Henry Glines (1831–1897). Lehi, no city lot, $387.00 total consecration. 31 March 1857. BK H p. 90.

Block 6, Lot 6, 6 North
32. Abram Hatch [Abraham Chase Hatch] (1830–1911). Lehi, Lot 6, Block 4, with adobe house, $750.00, $2,891.00 total consecration. 10 January 1857. BK F, np. 132.21

100 South
33. Lorenzo Hill Hatch (1826–1910), and Sylvia S. Hatch. Lehi, Lot 2, Block 13, with buildings and improvements, $800.00, $1,608.00 total consecration. 11 April 1856. BK C 1855, p. 41.22 212 South, 300 West

125 West
34. John Joseph Hayes (1825–1899). Lehi, E1/2 Lot 7, Block 7, $100.00, $311.00 total consecration. 9 January 1857. BK F, p. 105. 125 West, 100 South

96 North, 200 West
35. William Brown Hill (1836–1883). Lehi, Lot 5, Block 15, with improvements, $150.00, $931.75 total consecration. 29 December 1856. BK F, p. 30. 96 North, 200 West

93 North, 100 West
36. William Hyde (1818–1874). Lehi, Lot 8, Block 15, $150.00, $1,040.00 total consecration. 23 December 1857. BK H, p. 106.

187 West Main Street
37. Ezekiel Hopkins (1801–1872), or his son, Ezekiel Hopkins (1839–1911). Lehi, Lot 5, Block 10, with log house, $200.00, $610.00 total consecration. 10 January 1857. BK F, p. 120.23 187 West Main Street

87 North, 300 West
38. Daniel James (1807–1880). Lehi, E1/2 Lot 7, and N1/2 Lot 8, Block 13, with adobe house, $200.00, $871.00 total consecration. 28 February 1857. BK H, p. 21. 87 North, 300 West

South, 300 West
39. Samuel James (1825–1893). Lehi, Lot 7, Block 12, with adobe house, $150.00, $490.00 total consecration. 28 January 1857. BK F, p. 278. 24

West Main Street
40. John Karren (1834–1905). Lehi, Lot 7, Block 11, with adobe house, $150.00, $441.00 total consecration. 28 January 1857. BK F, p. 181. 231

West Main Street
41. Thomas Karren (1810–1876). Lehi, Lot 2 & the E1/2 of Lot 3, in Block 12, with log house, $150.00, $1,766.00 total consecration. 8 January 1857. BK F, p. 92. 390 West, 100 South

217 South, 100 West
42. Henry Kearns (1778–1859). Lehi, Lot 5, Block 1, with improvements, $350.00, $1,049.00 total consecration. 10 January 1857. BK F, p. 128.

West Main Street
43. Suel Lamb (1833–1913). Lehi, Lot 5, Block 9, with adobe house, $150.00, $652.00 total consecration. 10 January 1857. BK F, p. 127. 95 West Main Street

261 South, 200 West
44. John Irvin Lawson [John Lawson] (1805–1884). Lehi, N1/2 Lot 3, Block 3, with improvements, $50.00, $145.00 total consecration. 10 January 1857. BK F, p. 117.

290 South, 200 West
45. Abraham Losee (1814–1887). Lehi, Lot 1, Block 3, with improvements, $150.00, $1,153.00 total consecration. 9 January 1857. BK F, p. 115.

290 South, 200 West
46. John Smiley Lott (1826–1894) and Permelia Darrow Lott (widow of Cornelius P. Lott, deceased) and Peter Lott (1805–1882). Lehi, Lot 1, Block 3, $150.00, $1,153.00 total consecration. 9 January 1857. BK F, p. 115.

[Peter] Lyman Lott (1842–1906). Lehi, Lots 6 and 7, Block 3, with improvements, $600.00, $2,226.00 total consecration. 8 January 1857. BK F, p. 100. 241 West, 200 South

47. Robert Maw (1834–1920). Lehi, no city lot, $285.00 total consecration. 19 January 1857. BK F, p. 182. PC

45 West, 100 North
48. James McGaw (1824–1872) & Elias Bassett.24 Lehi, Lot 6, Block 16, with adobe house, $400.00, $2,255.00 total consecration. 23 December 1857. BK H, p. 108.

100 North
49. Ephraim Mecham (1808–1891). Lehi, no city lot, $392.50 total consecration. 28 January 1857. BK F, p. 280.

50. John Miller (1846–1939). Lehi, no city lot, $127.75 total consecration. 28 January 1857. BK F, p. 280.

300 West
51. John Murdock (1792–1871). Lehi, Lot 5, Block 3, with house, $100.00, $295.00 total consecration. 31 December 1856. BK F, p. 38. 209 South

300 West
52. John Riggs Murdock (1826–1913). Lehi, Lot 4, Block 3, also 3/8 of Lot 3, Block 4, Lehi, with 4-room adobe house with cellar, $800.00, $5,097.00 total consecration. 9 January 1857. BK F, p. 114. 269 South, 300 West

238 West, 300 South
53. Orrice Clapp Murdock (1824–1915). Lehi, Lot 2 and 2 rods of the E side of Lot 3, Block 3, with house, $500.00, $1,665.50 total consecration. 8 January 1857. BK F, p. 95. 238 West, 300 South

South Center Street
54. Jens Nelson [Jens Nielsen] (1796–1875). Lehi, N1/2 of Lot 7, Block 8, $50.00, $306.00 total consecration. 16 January 1857. BK F, p. 171. 140

South Center Street
55. Henry Elliot Norton (1826–1913). Lehi, no city lot, $460.00 total consecration. 7 May 1856. BK C, p. 42.

74 West, 100 South
56. Peter Madsen Peel [Peder Madsen Pihl] (1820–1900). Lehi, Lot 3, Block 9, with log house, $100.00, $537.00 total consecration. 28 January 1857. BK F, p. 279. 74 West, 100 South

140 South Center Street
57. Hans Peterson [Hans Pederson] (1823–1881). Lehi, S1/2 of Lot 7, Block 8, with log house, $60.00, $537.00 total consecration. 28 January 1857. BK F, p. 286. 140 South Center Street

88 South, 300 West
58. Canute Peterson (1824–1902). Lehi, Lot 1, Block 12, with improvements, $150.00, $1,957.00 total consecration. 8 January 1857. BK F, p. 85.

59. Peter Peterson (1821–1901). Lehi, no city lot, $307.50 total consecration. 28 January 1857. BK F, p. 283.

290 South, 100 West
60. Stephen Howard Pierce (1816–Deceased). Lehi, Lot 1, Block 2, with improvements, $466.00, $761.00 total consecration. 28 January 1857. BK F, p. 275.

290 South, 100 West
61. Charles Price (1800–1873). Lehi, no city lot, $680.00 total consecration. 27 November 1856. BK C, p. 104.

South Center Street
62. Tunis Rappley (1808–1883). Lehi, Lot 8, Block 1, with adobe house, $200.00, $772.00 total consecration. 28 January 1857. BK F, p. 282. 220 South Center Street

260 South, 100 West
63. Alonzo Pearls Raymond (1821–1904). Lehi, Lot 8,25 Block 2, with adobe house, $300.00, $2,305.00 total consecration. 9 January 1857. BK F, p. 108. 260 South, 100 West

215 South, 100 West
64. William Wallace Raymond (1824–1881). Lehi, Lot 5, Block 2, with log house, $200.00, $2,020.00 total consecration. 31 March 1857. BK H, p.

88 West, 215 South
65. William Reid (1805–1858). Lehi, Lot 5, Block 13, with improvements, $23.00, $450.50 total consecration. 16 January 1857. BK F, p. 179.

86 North, 400 West
66. Alonzo Donnell Rhodes (1824–1893). Lehi, E1/2 of Lot 1, Block 10, with house, $200.00, $1,164.00 total consecration. 9 January 1857. BK F, p. 102. 90 South, 100 West

125 West, 100 South
67. Joseph Robinson (1814–1891). Lehi, W1/2 Lot 7, Block 7, with improvements, $100.00, $521.00 total consecration. 28 January 1857.26 BK F, p. 281. 125 West, 100 South

100 South
68. William Sharp (1825–1900). Lehi, no city lot, $235.00 total consecration. 8 January 1857. BK F, p. 86.

86 West, 125 South
69. Joseph Skeen (1816–1882). Lehi, Lot 5, Block 4, with 6-room adobe house, $1,000.00, $2,764.00 total consecration. 8 January 1857. BK F, p. 99. 377 West, 200 South

205, 390 West Main Street
70. Joseph Johnson Smith (1821–1902). Lehi, Lot 3, Block 13, with adobe house, $500.00, $1,804.00 total consecration. 20 January 1857. BK F, p.

89, 267 South, 400 West
71. Samuel Thomas Smith (1823–1890). Lehi, Lot 4, Block 4, with adobe house, $150.00, $507.50 total consecration. 8 January 1857. BK F, p.

West Main Street
72. James Taylor [James Whitehead Taylor] (1819–1891) and Ann Taylor. Lehi, Lot 8, Block 7, $700.00, $1,300.00 total consecration. no date, no month,27 1856. BK C 1855, p. 40. 110 South, 100 West

382 West, 300 South
73. Thomas Taylor (1826–1900). Lehi, Lot 2, Block 2, with adobe house, $300.00, $932.00 total consecration. 9 January 1857. BK F, p. 106–107.

65 South, 100 West
74. William Taylor [William Whitehead Taylor] (1828–1907). Lehi, Lot 3, Block 10, adobe house, $200.00, total consecration $625.00. [no date]. BK C 1855, p. 81. April 1856. 65 South, 100 West

186 South, 300 West
75. Daniel Stillwell Thomas (1803–1878). Lehi, Lot 5, Block 12, with adobe house, $300.00, $842.50 total consecration. 26 February 1857. BK G, p. 204. 405 West Main Street

West Main Street
76. Preston Thomas (1814–1877). Lehi, Lot 5, Block 11, with log houses, $200.00, $2,207.00 total consecration. 8 January 1857. BK F, p. 97. 281 West Main Street

186 South, 300 West
77. John Titcomb (1800–1858). Lehi, Lot 1, Block 5, with adobe house, $300.00, $1,150.00 total consecration. 10 January 1857. BK F, p. 122.

37 West, 200 South
78. William Van Dyke (1830–1901). Lehi, Lot 7, Block 1, with adobe house, $200.00, $523.75 total consecration. 30 January 1858. Not found in Utah County book.28

11 West, 200 South
79. Andrew Vince [Moses Andrews Vince] (1809–1859). Lehi, Lot 8, Block 8, $450.00 total consecration. 8 January 1857. BK F, p. 88. 11 West Main Street

216 South, 200 West
80. William Sidney Smith Willes (1819–1871). Lehi, Lot 8, Block 3, with improvements, $700.00, $2,020.00 total consecration. 9 January 1857. BK F, p. 112–113.

168 West, 200 South
81. Thomas Griffin Winn (1829–1904). Lehi, Lot 3, Block 7, with adobe house, $200.00, $666.50 total consecration. 7 January 1857. BK F, p.

80 West, 168 South
82. William Henry Winn (1833–1884). Lehi, no lot or block, $148.00 total consecration. 9 April 1857. BK H, p. 84.

240 South, 100 West
83. Solomon Wixom (1809–1879).29 Lehi, Lot 7 and N1/2 of Lot 8, Block 2, with adobe house, $400.00, $1,308.50 total consecration. 28 January 1857. BK H, p.

36 West, 100 South
84. Georg Gottlieb Zimmermann (1781–1866). Lehi, Lot 2, Block 9, with improvements, $125.00, $443.00 total consecration. 16 January 1857. BK F, p. 169.

88 South, Center Street
85. John Zimmerman (1820–1908). Lehi, Lot 1, Block 9, $125.00, $1,873.00 total consecration. 16 January 1857. BK F, p. 176.
Fort Cabin Occupants

The cabins were arranged end-to-end to form a hollow square in the first of two phases of the fort. Van Wagoner says nearly three hundred settlers occupied sixty cabins, but he names only fifty-three individuals31 on the list corresponding to the numbers (1–85) of the diagram.

East Side (7)North Side (12)West Side (18)South Side (16)
William Goates2. Thomas AshtonJohn AndreasonOrrace Murdock
81. George Zimmerman4. Alfred Bell17. Daniel Cox51. John R. Murdock Sen.
John Zimmerman22. Abel EvansSamuel James50. John Murdock
John Spires23. David Evans38. Samuel James31. Abram Hatch
61. Tunis Rappley14. William Dobson75. Luke Titcomb45. Mrs. Pamelia Lott
Martin BushmanPhilip OlmsteadCharles Partridge45. John S. Lott
John BrownPrime Coleman7. Samuel BriggsIra J. Willes
William ColemanWilliam Goates77. W. S. S. Willes
George Coleman70. Samuel T. Smith44. Abraham Losee
William Burgess12. David ClarkMrs. Lydia Losee
Jehial McConnell57. Canute Peterson68. Joseph Skeens
Joel W. White9. Abraham Brown40. Thomas Skeens
Israel EvansJohn MercerAlonzo D. Rhodes
David Evans69. Joseph J. SmithThomas Karren
Riley Judd84. Daniel S. ThomasJohn Winn
David JuddSamuel HarwoodSilas P. Barnes
John W. NortonDaniel Cox61. Tunis Rappley
Henry NortonOley Ellingson
J. Wiley Norton
David Norton

Closing Notes

Some of the settlers remained in Lehi after their 1856/1857 consecrations were accepted and recorded. The locations of the homes of several of them in later years have been located in other studies.32 Some moved from Lehi. Some moved from the fort in Lehi to other property in Lehi. For example, William Clark moved from the Lot 6 property on Block 16(40) to a home on Lot 4 of the same block some time before he received title to both lots in 1871.

Some of the names absent from the cabins list are absent from the consecration deeds. This could reflect the fact that the individuals left Lehi before the consecration movement began, or that the individuals did not consecrate their property, or that their consecration deeds have not yet been located.

Sixty-eight of the 128 building lots on the sixteen blocks in the fort are represented on the consecration deeds. If 40% of the men in the Lehi settlement consecrated their property, as Arrington says was the estimated percentage of the participation of the men in the Territory, 51 lots should have been claimed on the deeds. It appears that participation in the consecration movement was higher in Lehi than in other parts of the Territory.
Notes

1 This, and similar documents by Wayne E. Clark, are posted at the Lehi Historical Society and Historical Archive Indexes, https://www.lehihistory.com. Thanks to John Knollin Haws Jr. and the other volunteers at the Lehi Historical Society and Archives for encouragement and support, and to Dan Olds for heartily pushing for the search for consecration deeds and for other important historical information. Corrections or additions welcome. wayneeldenclark@gmail.com.

2 Fox, Feramorz Y. (March 1944). The Consecration Movement of the Middle ‘Fifties,’ Improvement Era, 47 (2) February, March 1944: 80–81, 120–21, 124–25, 146–47, 185, 187–88.

3 He wrote that the recorded deeds were to have been sent to the office of the Trustee-in-Trust of the church in Great Salt Lake City. These must include the deeds now preserved in the LDS Church History Library, in Salt Lake City. Consecration Deeds, 1854–1867. One book, Consecration book, circa 1857–1858, Call Number CR 5 53, Identifier CR 5 53/b0001. No. 233, has a list of deeds from throughout the Territory. The original deeds on the printed forms of many are accessible from CR 5 53: Consecration Deeds 1854–1867. For example, the original consecration deed of John Brown is accessed from Deeds, B, #271–288. Fox mentions the existence of two deeds in possession of a man who found them in a rubbish pile.

4 Found in “Book A of Deeds” in the church historians office, and in “Pioneer Records, Salt Lake County Recorder’s Office, p. 249.”

5 p. 120

6 Leonard J. Arrington, Great Basin Kingdom: An Economic History of the Latter-day Saints, 1830–1900, p. 146–147. See also James Naylor Jones, The Utah Valley Home, https://familysearch.org/photos/artifacts/987726. Accessed 15 February, 2017, and Willing Hands: A Biography of Lorenzo Hill Hatch (1826–1910), http://www.b13family.com/html/journal-lorenzo_hatch.htm. Accessed 15 February, 2017.

7 Fox notes that this is an exact count, taken from records in office of the county recorder. He must have seen the copies of the deeds preserved in LDS Conveyance books in the Utah County Office of Land Records, 100 East Center Street, Suite 1300, Provo, Utah 84606. The contents of the books are indexed for electronic searching. Consecration deeds of early Lehi settlers are found in books labelled LDS Church Conveyances, BK C, BK F, and BK H.

8 His consecration was twenty cents below the average, $1,048.70.

9 Ownership and numbers of Lots and Blocks and acreage on various surveys throughout the county are contained in Webb Access to Utah County Land Records – Abstract Images — LDS Church Conveyance. Included are “American Creek Survey 1851,” “American Creek Survey of Farm Land,” 1853–1855, “Upper Dry Creek Survey of Farming Land,” 1853, and “Lake Farm Land.”

10 Presumably the garden plots in 1855/1856 were the same as the ones on later records. The earliest entry in the Utah County abstract book for garden plots for Lehi is for 1 December 1879.

11 Hamilton Gardner, 1913, History of Lehi, Including a Biographical Section, https://archive.org/stream/historyoflehiinc

12 Lehi: Portraits of a Utah Town, https://dcms.lds.org/delivery/DeliveryManagerServlet?dps_pid=IE1023732&from=fnd, accessed 17 November 2016.

13 Hamilton Gardner, 1913, History of Lehi, Including a Biographical Section, p. 158–159.

14 Hamilton Gardner, 1913, History of Lehi, Including a Biographical Section, https://archive.org/stream/historyoflehiinc.

15 Webb Access to Utah County Land Records – Abstract Images — LDS Church Conveyances BK C, BK F, and BK H.

16 Original in LDS Church History Library, CR 5 53, box 2, fd. 16

17 Original in CR 5 53, box 2, fd. 16

18 Original in LDS Church History Library, CR 5 53, box 3, fd. 1

19 Immediately follows the deed of David Evans, dated 10 May 1856, and of Henry C. Norton, dated 7 May [1856].

20 A brother, Jens Peter Folkman (1829–1911), has a son born in Lehi in 1858.

21 Original in LDS Church History Library CR 5 53 box 3, fd. 3

22 Original in LDS Church History Library, CR 5 53, box 3, fd. 3. See also Willing Hands: A Biography of Lorenzo Hill Hatch, 1826–1910, http://www.b13family.com/html/journal-lorenzo_hatch.htm

23 Original in LDS Church History Library, CR 5 53, box 3, fd. 3

24 James McGaw, age 34, was in Ogden, Utah, in the 1860 Census. His wife, Mary Matilda Bassett (1800–1878), age 56, was with him, as was Mary’s mother, Matilda Salter Bassett (1800–1878), age 56, (1837–1906), age 23, and Elias Bassett, age 40. Elias must have been James’s brother in law.

25 This may be listed in error for Lot 6. Lot 8 of Block 2 is also recorded as having been claimed by Solomon Wixom on 28 January 1857. Alternatively Raymond and Wixom could each have occupied 1/2 of Lot 6 in 1857.

26 Immediately follows the deed of David Evans, dated 10 May 1856, and precedes the deeds of Lorenzo Hill Hatch, dated 11 April 1856, and of Henry C. Norton, dated 7 May [1856].

27 See Mormon Pioneer Overland Travel, Joseph Robinson, https://history.lds.org/overlandtravel/pioneers/17621923085049108012/joseph-robinson. Accessed 1 March 2017.

28 See Biography of Joseph Morgan Wixom, https://familysearch.org/photos/artifacts/999379. Accessed 1 March 2017.

29 This figure includes $1000.00 listed by John Brown for his wife’s slave girl. See Consecration, Reformation, and “One African Servant Girl” in Lehi, Utah, https://drive.google.com/file/d/0B5wDxipAGQN2a0libjFK1d2VEME0/view?usp=sharing

31 Lehi: Portraits of a Utah Town, https://dcms.lds.org/delivery/DeliveryManagerServlet?dps_pid=IE1023732&from=fnd, accessed 17 November 2016, p. 4–5, citing Andrew Field, “Notes.” Courtesy Leona Noyes, Lehi Library/Archives. Tunis Rappley is listed on both the East and South sides of the fort.

32 A subsequent study of the consecration deeds combined with the 1860 Census and other sources of information resulted in a more complete picture of the Lehi City fort in the years following the issuance of the deeds. Mormon Pioneers in Lehi, Utah Territory, 1854–1871, https://drive.google.com/file/d/0B5wDxipAGQN2YzRBczAxMjlhsVFU/view?usp=sharing

33 The Old Fort Wall, a Herd of Cows, and a Near and Dear Neighbor in Lehi, Utah, https://drive.google.com/file/d/0B5wDxipAGQN2a0libjFK1d2VEME0/view?usp=sharing


~

For more on William Sharp and his descendants, and on the Plain City families whose Lehi roots are documented in Clark’s consecration list, see:

Sharp-Bailey Wedding — William and Mary Ann’s story
Sharp-Stoker Wedding — Milo Riley Sharp and his family
History of Plain City — a multi-part series on Plain City’s founding families and history
1895 Plain City Student Body — the children of Plain City’s founding generation, including Delwin Sharp and the Skeen, Maw, and Folkman families
Sharp Family History Outreach — the broader Sharp family history and connections

Wayne E. Clark, Lehi, Utah, 2017. Part of the Wayne E. Clark Collection at the Lehi Historical Society and Archives, https://www.lehihistory.com. Contact: wayneeldenclark@gmail.com. Corrections or additions welcome.

Settlers in Lehi, Utah, Consecrated their Properties to their ChurchDownload
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John and Elizabeth Quayle

John & Elizabeth Quayle

Above is a photograph of John Quayle and Elizabeth Sharp, presumably with one of their children.

Elizabeth Sharp was born on Christmas Day in 1834, in Misson, Nottinghamshire, England to Thomas Sharp and Elizabeth Cartwright Sharp. She is the sister of William Sharp (my ancestor), James Sharp, and Isabella Carlisle.

Elizabeth married John Quayle, a shoemaker born circa 1825–1828 on the Isle of Man, as consistently recorded in the 1860, 1870, and 1880 censuses. His specific parish of origin has not been confirmed. Elizabeth and her family arrived in St. Louis in late November 1850 aboard the ship James Pennell, which sailed from Liverpool on 2 October 1850 and arrived at New Orleans on 23 November 1850. The passengers continued up the Mississippi River to St. Louis, where they found employment and shelter. Elizabeth and John were married by 1852. Their eldest child Emily Emma was born in January 1853 in St. Louis. The 1860 Census has the family living in Meramec, St. Louis, Missouri. 1870 places them in Central, St. Louis, Missouri. 1880 places the family in St. Louis, where both of them died. By the 1880 Census, John had become a foreman in a pork house, probably the pork house of his brother-in-law James. The family seemed to have some difficulty accurately informing the census takers, their ages jump pretty wildly from the right year to up to nine years in difference.

Emily Emma Quayle was born January 1853 in St. Louis. She married Gustavus Crause on 16 March 1887 in St. Louis. He was born 1853 and died 1917. They had no children. Emily Emma died 1 February 1928 in St. Louis and was buried 3 February 1928 in New St. Marcus Cemetery, Affton.

John W Quayle was born 5 November 1855 in Illinois and died 12 May 1910 in St. Louis. He was buried on 15 May 1910 in New St. Marcus Cemetery, Affton. He married Laura Breitenstein on 19 June 1883 in St. Louis.

James H Quayle was born 15 February 1858 in St. Louis and died 6 September 1864 in St. Louis. He is buried in Bellefontaine Cemetery.

Isabella Quayle was born October 1861 in St. Louis and died 12 September 1864 in St. Louis, just six days after her brother James. She is also buried in Bellefontaine Cemetery.

Margaret Quayle was born July 1864 in St. Louis and died 25 April 1866 in St. Louis. She is buried in Bellefontaine Cemetery. Margaret was born the same summer James and Isabella died, and died before her second birthday. Elizabeth lost three children in less than two years.

Ida Quayle was born 29 June 1868 in St. Louis and died 13 November 1888 in St. Louis at age 20. She did not marry. She is buried in Bellefontaine Cemetery, Public Lot G, Grave 5.

Elizabeth Quayle, known as Lizzie, was born December 1870 in St. Louis and died 25 June 1903 in St. Louis at age 32. She married William Dugan in 1892 in St. Louis. They had two children: William Dugan (born 1894) and Isabella Dugan (born 1897, died 1900). Elizabeth is buried in Calvary Cemetery, St. Louis.

John Quayle died in St. Louis. The date has not been confirmed but he predeceased Elizabeth.

Elizabeth Sharp Quayle died on Thursday, 6 November 1908, at the family residence at 4825 Gravois Avenue, St. Louis. The death notice described her as the beloved mother of John Quayle, Mrs. Elizabeth Dugan, and Mrs. Krause, and the sister of James Sharp. Funeral services were held Friday, 7 November 1908, at 1:30 p.m. from the family residence. Elizabeth and James Sharp, according to records, did not join the LDS Church. They died within eight months of each other: James killed by a streetcar on 24 February 1908, Elizabeth passing on 6 November 1908. Elizabeth Sharp Quayle is buried in Bellefontaine Cemetery, Section Fischer, Block 292, Lot 3742.

Death notice of Elizabeth Sharp Quayle, St. Louis, November 1908.
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Title 5: PUBLIC HEALTH AND SAFETY AND PUBLIC AREAS

5-1: FIREWORKS:

5-1-1: DEFINITIONS:

FIREWORKS:  Includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, fire balloons (balloons of a type which have burning material of any kind attached thereto or which require fire underneath to propel them), firecrackers, torpedoes, skyrockets, rockets, Roman candles, fountain wheels, dago bombs, sparklers, and other fireworks of like construction and any fireworks containing any combustible or explosive substance for the purpose of producing a visible or audible effect by combustion, deflagration, explosion or detonation.

Exempted from this part are all toy pistols, toy cannons, toy canes and toy guns and similar devices such as party poppers or party favors in which paper caps containing not more than twenty five hundredths (0.25) grain of explosive compound per cap are used and such caps whether single, roll or tape type. Also exempted are signal devices or flares normally and commonly used by motor vehicles, railroads and law enforcement officers for current daily or emergency signaling purposes. (Ord. 2026-7, 2 June 2026)

5-1-2: DANGEROUS FIREWORKS:

“Dangerous fireworks” include any of the following:

A.  Firecrackers, cannon crackers, giant crackers, salutes, silver tube salutes, cherry bombs, mines, ground bombardment, grasshoppers and other explosive articles of similar nature;

B.  Blank cartridges;

C.  Skyrockets and rockets, including all similar devices employing any combustible or explosive material and which rise in the air during discharge;

D.  Roman candles, including all devices which discharge balls of fire into the air;

E.  Chasers and whistles, including all devices which dart or travel about the surface of the ground during discharge;

F.  Snakes and hats containing bichloride of mercury;

G.  Sparklers more than ten inches (10″) in length or one-quarter inch (1/4″) in diameter or made with other than iron wires;

H.  All articles for pyrotechnic display such as aerial shells, salutes, flash shells, sky battles, parachute shells, mines, dago bombs and similar devices;

I.  All torpedoes which explode by means of friction or which contain arsenic, and all other similar fireworks devices including cracker balls;

J.  Fire balloons or balloons of any type which have burning material of any kind attached thereto;

K.  All other fireworks, explosive devices or combustible material used for display or amusement which are not enumerated in section 5-1-3 of this chapter. (Ord. 2026-7, 2 June 2026)

5-1-3: SAFE AND SANE FIREWORKS:

“Safe and sane fireworks” include any of the following:

A.  Cone fountains with pyrotechnic composition not exceeding fifty grams (50 g) each;

B.  Cylindrical fountains, whether base, spike or handle, with pyrotechnic composition not exceeding seventy five grams (75 g) each and inside tube diameter not exceeding three-quarters inch (3/4″);

C.  Sparklers and “dipped stocks” not more than ten inches (10″) in length or one-quarter inch (1/4″) in diameter made of steel or iron wire and zuzuki and morning glories with pyrotechnic composition not exceeding four grams (4 g) each;

D.  Snakes which do not contain bichloride of mercury and pyrotechnic composition not exceeding two grams (2 g) each;

E.  Wheels with pyrotechnic composition not exceeding sixty (60) grains for each driver unit or two hundred forty (240) grains for each complete wheel. The inside tube diameter of driver unit shall not exceed one-half inch (1/2″);

F.  Whistles, without report and which do not dart or travel about the ground during discharge with pyrotechnic composition not exceeding six grams (6 g) and containing no picric or gallic acid. (Ord. 2026-7, 2 June 2026)

5-1-4: DANGEROUS FIREWORKS PERMIT:

It shall be unlawful for any person in the city to import, export, offer for sale, sell, possess, keep or store or permit the keeping or storing of any dangerous fireworks for any use or purpose, except that a person holding a dangerous fireworks permit issued pursuant to the terms and conditions of this chapter may use dangerous fireworks for a safely supervised and conducted public display of fireworks, and said fireworks may be stored for a period not exceeding four (4) days immediately preceding the date of said public display, provided the fireworks are to be used exclusively for the public display. (Ord. 2026-7, 2 June 2026)

5-1-5: SAFE AND SANE FIREWORKS PERMIT:

No person, without having a valid safe and sane fireworks permit issued pursuant to terms and conditions set forth in this chapter, shall import, export, possess for the purpose of sale, offer for sale or sell any safe and sane fireworks for any use or purpose. (Ord. 2026-7, 2 June 2026)

5-1-6: APPLICATION FOR SALE OF SAFE AND SANE FIREWORKS PERMIT:

Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to engage in the sale of safe and sane fireworks within the city shall first make written application to the clerk for a safe and sane fireworks permit. Each applicant shall pay to the clerk a fee as set by resolution of the city council at the time he files his application. In the event no safe and sane fireworks permit is issued by the city by June 15 in the year during which the application is made, the clerk shall refund the application fee. Application for the permit shall be made no later than June 1 of each year. (Ord. 2026-7, 2 June 2026)

5-1-7: APPLICATION FOR DANGEROUS FIREWORKS PERMIT:

Any reputable person in reasonable pursuit or furtherance of any legitimate personal, business or charitable purpose, desiring to make a public display of dangerous fireworks shall first make written application to the clerk for a dangerous fireworks permit. Each applicant shall pay to the clerk a fee as set by resolution of the city council at the time he files his application. In the event no dangerous fireworks permit is issued by the city within sixty (60) days after the application is made, the clerk shall refund the application fee. (Ord. 2026-7, 2 June 2026)

5-1-8: CONTENTS OF APPLICATION:

Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall file his application with the clerk. Each application shall show the following:

A.  Name and address of applicant;

B.  The purpose for which the applicant is primarily existing and for which it was organized.

C.  The names and addresses of the officers, trustees and/or directors, if any, of the applicant;

D.  The location where the applicant requests permission to sell safe and sane fireworks or display dangerous fireworks;

E.  When and where the applicant was organized and established, or, if a natural person, the applicant’s age;

F.  The location of the applicant’s principal and permanent meeting place or places, or principal place or places of business;

G.  The applicant’s state sales tax permit number;

H.  If the applicant is an entity other than a sole proprietorship, the name and a general description of the business activities of each parent or subsidiary company, business or entity, and a general description of the ownership organization of each parent or subsidiary, if any;

I.  Such other information as the clerk may require on a standard form submitted to all applicants and which is reasonably necessary to protect the public health, safety and morals. (Ord. 2026-7, 2 June 2026)

5-1-9: INVESTIGATION:

The clerk shall cause an investigation to be made of each application and applicant and shall submit a written report of his findings and recommendations for or against the issuance of the permit, together with his reasons therefor, to the council. (Ord. 2026-7, 2 June 2026)

5-1-10: COUNCIL POWERS:

The council shall have the power in its discretion to grant or deny any application, subject to such reasonable conditions, if any, as it shall prescribe so long as the denial of the application or any conditions imposed on the granting of the application are reasonably necessary for protection of the public health, safety and morals. The council may delegate the power to approve or disapprove applications. (Ord. 2026-7, 2 June 2026)

5-1-11: VALIDITY; TERM:

A safe and sane fireworks permit or a dangerous fireworks permit issued pursuant to this chapter shall be valid only within the calendar year in which issued. A permit shall be valid only for the specific premises or location designated in the permit. However, subject to reasonable conditions necessary for protection of the public health, safety and morals, an applicant may be granted permits for more than one site or location within the city. No permit shall be transferable or assignable. (Ord. 2026-7, 2 June 2026)

5-1-12: LIABILITY AND LIABILITY INSURANCE REQUIRED:

Each applicant for a safe and sane fireworks permit or a dangerous fireworks permit shall have filed with the clerk prior to the issuance and validity of any permit, a policy or a certified true copy thereof, or public liability and products insurance, including both accident and occurrence coverage. The insurance coverage limits shall be at least five hundred thousand dollars ($500,000.00) per person per occurrence bodily injury, five hundred thousand dollars ($500,000.00) per occurrence aggregate bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence aggregate property damage. Each policy shall name as insured parties the city, all officials of the city in performance of official functions, and licensee or licensor of the applicant, and all vendors of the fireworks. Said policy shall be so written that it cannot be canceled without at least ten (10) days’ prior written notice to the city. In any event, each permittee does irrevocably covenant to save and hold the city harmless from any claim, demand, damage, suit or action with respect to the licensee’s handling, sale or use of fireworks, whatsoever. (Ord. 2026-7, 2 June 2026)

5-1-13: SALE PERIOD RESTRICTED:

No safe and sane fireworks shall be sold or offered for sale except from twelve o’clock (12:00) noon on June 1 to twelve o’clock (12:00) midnight on July 15 of each year. (Ord. 2026-7, 2 June 2026)

5-1-14: TEMPORARY FIREWORKS STANDS:

Temporary fireworks stands from which safe and sane fireworks are to be sold shall be subject to the following provisions:

A.  The stand shall not be located within twenty five feet (25′) of any other building nor within one hundred feet (100′) of any gasoline station or flammable liquid dispensing device or installation.

B.  All such stands shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.

C.  The stand shall have exit doors at least thirty inches (30″) wide at both ends of the structure and one additional door for each twenty five feet (25′) of rear wall in excess of twenty five feet (25′). All doors shall open outward from the stand and all doorways shall be kept free and clear from all supplies and materials at all times.

D.  Each stand shall be provided with a minimum of two (2) approved fire extinguishers, in good working order and easily accessible for use in case of fire.

E.  There shall be at least one supervisor, twenty one (21) years of age or older, on duty at all times. No person under sixteen (16) years of age shall work at or about any stand where safe and sane fireworks are sold or offered for sale.

F.  No person employed as a watchman shall be permitted to remain inside of any stand when it is not open for business.

G.  “No smoking” signs shall be prominently displayed both inside and outside of stand. No smoking shall be permitted within the stand or within fifteen feet (15′) of the stand.

H.  No temporary stand shall be erected before June 1 of any year. The premises shall be cleared of all structures and debris not later than twelve o’clock (12:00) noon of July 26.

I.  No fireworks shall be discharged in or within twenty five feet (25′) of any fireworks stand.

J.  No person shall allow any rubbish to accumulate in or around any fireworks stand or permit a fire nuisance to exist.

K.  No stand shall have a floor area in excess of seven hundred fifty (750) square feet. (Ord. 2026-7, 2 June 2026)

5-1-15: SALE FROM PERMANENT STRUCTURES:

Permanent business structures from which safe and sane fireworks are to be sold shall be subject to the following provisions:

A.  All such buildings shall meet the structural stability requirements of the building regulations of the city and all lighting circuits and other electrical equipment shall meet the requirements of the electrical regulations of the city.

B.  The building shall have exit doors at least thirty inches (30″) wide at both ends of the structure. All doors shall open outward and all doorways shall be kept free and clear from all supplies and materials at all times.

C.  Each building shall be provided with not less than two (2) approved fire extinguishers, in good working order and easily accessible for use in case of fire, as approved by the Minidoka County Fire Protection District Chief.

D.  “NO SMOKING” signs shall be prominently displayed adjacent to the display area. Smoking shall not be permitted within fifteen feet (15′) of any fireworks.

E.  No person shall allow any rubbish to accumulate, or permit a fire nuisance to exist in or around the area where fireworks are sold.

F.  If fireworks are stored, they shall only be stored in such places as are approved for storage of fireworks by the Minidoka County Fire Protection District Chief.

G.  No building where alcoholic beverages are sold for consumption on the premises shall be used for the retail sale of safe and sane fireworks.

H.  The Minidoka County Fire Protection District Chief may establish other regulations for permanent structures where fireworks are to be sold so long as said regulations are reasonably necessary to protect the public health, safety and morals and apply uniformly to all applicants. (Ord. 2026-7, 2 June 2026)

5-1-16: RECORDS TO BE KEPT:

Each permittee shall be required to retain at the licensed premises while said premises are open, and at his principal place of business for a year thereafter, copies of all invoices, receipts and orders evidencing the source from which he acquired the fireworks which he handled. (Ord. 2026-7, 2 June 2026)

5-1-17: BOND:

In those cases where the applicant conducts the sale of fireworks from a temporary fireworks stand, he shall post with the clerk a cash bond or cash deposit in the amount set by resolution of the city council conditioned upon the prompt removal of the temporary fireworks stand and the cleaning up of debris from the site of the temporary stand. Said deposit or security shall be returned to the applicant only in the event he removes said temporary fireworks stand and cleans up all debris to the satisfaction of the Minidoka County Fire Protection District Chief, or such other official as the council may designate. In the event of the applicant’s failure to so remove the stand and debris by twelve o’clock (12:00) noon of July 26, said cash bond or cash deposit shall be forfeited to the city, and such failure shall be punishable as a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-1-18: SUPERVISION BY FIRE CHIEF:

The regulation of all permits granted hereunder shall be under the supervision and control of the Minidoka County Fire Protection District Chief or as may be otherwise designated by the council. The Fire Chief shall have the right to inspect and test by samples any and all items or class of items of fireworks displayed to be sold by a permittee. Upon notification of any permittee by the Fire Chief that any particular item or items of fireworks being displayed or sold shall be deemed unsafe, such item or items shall be forthwith removed from display and returned by the permittee to the wholesaler, jobber or manufacturer, or if not so returned shall be forthwith destroyed. The Fire Chief may, in the event of apparent immediate danger or hazard to persons or property, require the immediate closing of any fireworks stand or store, and/or removal of any fireworks from any location within the city. (Ord. 2026-7, 2 June 2026)

5-1-19: COMPLIANCE; VIOLATION:

It shall be the duty of every person issued a fireworks permit to comply with all the provisions of the Idaho state fireworks act and this chapter. The conviction or violation of the aforesaid Idaho state fireworks act or any of the provisions of this chapter by the permittee or by any of its agents, employees or officers shall constitute a cause in and of itself to deny any subsequent application for a permit. Violation of any portion of this chapter shall be a misdemeanor for each violation. (Ord. 2026-7, 2 June 2026)

5-2: OPEN BURNING:

5-2-1: PURPOSE:

The purpose and intent of this chapter is to eliminate all forms of open burning except such burning as may be permitted as set out herein. (Ord. 2026-7, 2 June 2026)

5-2-2: DEFINITION:

“Open burning” means the outdoor burning of materials where the products of combustion are not directed through a duct, passage, smokestack or chimney. (Ord. 2026-7, 2 June 2026)

5-2-3: GENERAL RESTRICTIONS:

Except as herein provided, no person shall allow, suffer, cause or permit the open burning of any materials. (Ord. 2026-7, 2 June 2026)

5-2-4: EXCEPTIONS:

A.  Fires used for the preparation of food, campfires and fires for recreational purposes under control of a responsible person.

B.  Fires used for control or alleviation of fire hazard or for weed control when no alternate control method exists.

C.  Fires used in the training of organized firefighting personnel.

D.  Properly operated industrial flares for combustion of flammable gases.

E.  Readily combustible rubbish produced by operation of a domestic household may be burned on the property from which the rubbish was generated, if no collection and disposal service is available and such is approved by the mayor and the council. This shall include tree leaves and gardening waste. “Rubbish” is defined as nonputrescible solid waste except abandoned vehicles and car bodies or car body parts, industrial solid waste and agricultural solid waste. However, a permit as referred to in section 5-2-5 of this chapter must be first obtained.

F.  Open burning of junked motor vehicles when permitted by the council shall be under the following additional conditions: (1) No burning will be allowed on Saturday or Sunday. (2) Burning hours shall be between ten o’clock (10:00) A.M. and four o’clock (4:00) P.M. (3) Number of units to be burned at any one location at one burn shall be limited to fifty (50) unless otherwise approved by the city council. (4) Tires and floormats shall be removed prior to burning. (5) Every reasonable effort shall be made to prepare the units in such a manner that rapid and efficient combustion will occur. Any burning of motor vehicles deemed necessary by the council shall be conducted at one or several centralized locations approved by the Idaho department of health and welfare, environmental protection division.

G.  Burning of plant life grown on the premises in the course of agricultural, forestry or land clearing operation.

H.  During the months of April and October the city council, after consultation with the Idaho department of health and welfare, environmental protection division, may establish “clean up weeks” during which property owners will be allowed, without special permit, to burn leaves, shrubbery, trimmings, grass and such other materials at such times and in such manner as may be designated in the public proclamation. (Ord. 2026-7, 2 June 2026)

5-2-5: STANDARDS FOR BURNING:

A.  Permit Required: No person shall conduct burning within the provision of section 5-2-4 of this chapter on or in any public street, alley, road or other public ground without a permit or other proper authorization.

B.  Approved Burning: With respect to subsection 5-2-4E of this chapter, it shall be unlawful for any person to burn or cause to be burned any trash, lumber, leaves, straw, papers or any other combustible material outside of any building districts of the City from the period of June 1 of each year to October 31 of each year, without first obtaining a permit from the Mayor stating when such burning shall be done and under such proper safeguards as the Mayor may direct.

C.  Attendance Of Open Fires: All open burning shall be constantly attended by a competent person until such fire is extinguished. This person shall have a garden hose connected to the water supply or other fire extinguishing equipment readily available for use.

D.  Mayor May Prohibit: The Mayor or his agent may prohibit any or all open burning when atmospheric and other conditions or local circumstances make such fires hazardous to health or property. (Ord. 2026-7, 2 June 2026)

5-2-6: VIOLATION; MISDEMEANOR:

Any person violating any of the provisions of this chapter or wilfully refusing to comply with any proper requirements of the designated officer shall be deemed guilty of a misdemeanor. Each day a violation of the provisions of this chapter continues shall constitute a separate offense. (Ord. 2026-7, 2 June 2026)

5-2-7: SAFETY PROVISIONS OF OTHER ORDINANCES:

Nothing in this chapter shall be construed as repealing or amending in any way any safety provisions of the Fire Prevention Code heretofore adopted by the City. All of the safety requirements therein prescribed for outdoor burning, bonfires or rubbish fires, shall be required of all persons holding permits under the provisions of this chapter. (Ord. 2026-7, 2 June 2026)

5-3: ABANDONED AND WRECKED VEHICLES OR PROPERTY:

5-3-1: DEFINITIONS:

ABANDONED:  The relinquishment or giving up with the intent of never again resuming or claiming an interest in the thing.

DAMAGED:  That which has been impaired, injured, hurt and harmed.

DILAPIDATED:  Caved, fallen into partial ruin, injured by bad usage or neglect.

DISMANTLED:  Taking to pieces of the thing.

HOUSEHOLD GOODS AND EQUIPMENT:  All articles usually referred to as household goods and articles used in housekeeping including, but not limited to, chairs, tables, davenports, beds, refrigerators, stoves, washers, dryers, furnaces and appliances.

JUNK:  Scrapped, wrecked, ruined or dismantled.

MACHINERY:  All articles used for farm or domestic purposes, machinery or equipment, and all metal or wooden machinery, motors, equipment, tools or property.

MISCELLANEOUS PROPERTY:  All other property including, but not limited to, rope, iron, brass, copper, tin, lead, rubber, rags, baggage, bottles, scrap, toys, bicycles, boats, containers and batteries.

MOTOR VEHICLE:  Any vehicle propelled or drawn by power other than muscular power designed to travel on the ground by wheels, treads, runners or slides and to transport persons or property or pull machinery including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies or wagons.

WRECKED:  Disordered or broken remains of anything that has been demolished or otherwise ruined and is in a state of ruin or dilapidation and as particularly applied to motor vehicles herein called a junk motor vehicle shall be further defined as an unsightly motor vehicle or part or parts therefrom which does not carry a current or valid state registration, cannot be safely operated under its own power, is not in a garage or other building and does not have any one of the following: foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirror, windshield wipers or adequate fenders.

The foregoing words in this section shall have such further meanings as may be defined in a generally accepted dictionary. (Ord. 2026-7, 2 June 2026)

5-3-2: ACCUMULATION PROHIBITED:

A.  No person shall place, allow, discard, maintain or store any dismantled, abandoned, junked, damaged or destroyed household goods or equipment, motor vehicles, machinery or miscellaneous property upon any public street, alley, sidewalk or upon private property within the city.

B.  No person, whether he be the owner, tenant, occupant, lessee or otherwise of any private property or premises shall place, allow, discard, maintain, park, store or permit to be stored, placed, allowed, discarded, maintained or parked upon property or premises, for a period of time exceeding forty eight (48) hours, any wrecked, dismantled, abandoned, junked, damaged or destroyed household goods, equipment, motor vehicles, machinery or miscellaneous property as in this chapter defined. (Ord. 2026-7, 2 June 2026)

5-3-3: NOTICE TO ABATE:

A.  Any code enforcement officer, the Mayor, the Minidoka County Building Official, or any City employee designated as code enforcement, may order any wrecked, dismantled, abandoned, junked, damaged or destroyed household goods and equipment, motor vehicles, machinery, or miscellaneous property or parts thereof removed within ten (10) days, except if the item shall constitute a traffic hazard it may be removed immediately to the impounding yard and notice subsequently be given as provided in subsection B of this section.

B.  Notice of such order shall be served upon any adult occupying the real estate upon which the item is located, if known. If no occupant of the real estate or owner of the item or part thereof can be found on the premises, a notice affixed in a conspicuous place to any building on the real estate shall constitute notice to the owner or occupant of the real estate and to the owner of the item or part thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate in a conspicuous place. Notice shall also be mailed to the owner of the real property parcel. (Ord. 2026-7, 2 June 2026)

5-3-4: FAILURE TO ABATE:

A.  If such item is not removed within the time so affixed, the city official ordering the removal thereof shall cause the item to be removed at the expense of the owner and placed in an impounding yard where the same shall be offered for sale to the highest and best bidder at public auction to be held not later than ten (10) days after one publication of notice of sale to be published in a newspaper of general circulation in the city. The proceeds of the sale shall be used to pay expenses of taking the item into possession and for the conduct of the sale and the publication of same. In the event the sale of the item fails to produce enough revenue to pay the charges, the balance will be due and payable immediately by the owner of the item.

B.  It shall be unlawful and a misdemeanor for any person to fail or refuse to remove any item or refuse to abate such nuisance when ordered so to do in accordance with provisions of this chapter.

C.  It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized city officer or employee to enter upon private or public property to enforce the provisions of this chapter. (Ord. 2026-7, 2 June 2026)

5-3-5: EXCEPTIONS:

This chapter shall not apply to any property or premises where items are enclosed in a building or to any property or premises lawfully operated as business where the same is a part of an enterprise necessary to the operation of said business; provided, however, in the case of businesses whose inventory consists of the materials otherwise herein defined as junk or normally considered junk, the property upon which such items are placed shall be enclosed by a fence at least six feet (6′) in height of such a material that such fence shall reasonably prevent persons outside the premises from seeing the materials stored on the premises through the fence. However, nothing herein contained condones conditions which are otherwise a public or private nuisance. (Ord. 2026-7, 2 June 2026)

5-3-6: NUISANCE DECLARED:

Any item or items as defined herein placed, allowed, discarded, maintained or stored shall constitute a public nuisance. (Ord. 2026-7, 2 June 2026)

5-4: WEEDS:

5-4-1: NUISANCE DECLARED:

Any commonly accepted weeds found growing in any lot or tract of land in the City are hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain in such places. The word “weeds” shall include all vegetable growth that is troublesome, useless or noxious and are generally accepted as having no ornamental use. (Ord. 2026-7, 2 June 2026)

5-4-2: HEIGHT LIMIT:

It shall be unlawful for anyone to permit any weeds, grass or other plants, other than trees, bushes, flowers, and other generally accepted ornamental plants, to grow to a height exceeding six inches (6″) or a diameter of six inches (6″) anywhere in the City. Any such plants or weeds exceeding such height or diameter are hereby declared to be a nuisance. (Ord. 2026-7, 2 June 2026)

5-4-3: NOTICE TO ABATE:

Any code enforcement officer, the Mayor, the Minidoka County Building Official, or any City employee designated as code enforcement, may serve a notice upon the owner or occupant of any such premises on which weeds or plants are permitted to grow in violation of the provisions of this chapter, and to demand the abatement of the nuisance within ten (10) days. (Ord. 2026-7, 2 June 2026)

5-4-4: FAILURE TO ABATE AND PENALTY:

If the person so notified does not abate the nuisance within ten (10) days after such notice, the Mayor may proceed to abate such nuisance, keeping an account of the expense thereof, and such expense shall be charged to and paid by the owner or occupant. Such failure to abate shall also constitute a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-4-5: REMOVAL OR DESTRUCTION BY CITY; CHARGES:

Every person owning or occupying any lots, lands or premises situated within the corporate limits of the City shall within the time fixed by section 5-4-4 of this chapter keep continuously destroyed, weeded out, cut down and obliterated all such deleterious, unsightly and injurious weeds and noxious weeds, grasses and growths in or on any and all such lots, lands or premises. In the event of noncompliance, the City shall cause through its duly authorized personnel such weeds and growths to be cut down, weeded out, removed and destroyed. The costs and expenses of such destruction shall in the event of nonpayment for thirty (30) days be assessed against such property as general taxes, and collectable as other general State, County and Municipal Taxes as provided by Idaho Code sections 50-317 and 50-1008.

Before the costs and expenses shall become a lien against the property, the Mayor shall notify in writing the owner of any such lot, place or area, or the agent of said owner, to cut, destroy and/or remove any such weeds, grasses or deleterious, unhealthful growth or other noxious matter. Such notice shall be by certified mail to the owner’s last known address and shall also be posted on the lot(s) for ten (10) days. Upon the failure, neglect or refusal of any owner or agent so notified within ten (10) days after the posting and receipt of written notice, the Mayor is hereby authorized and empowered to commence cutting, destroying or removing such growth or to order the removal by the City. The costs of such removal shall be a minimum charge of one hundred dollars ($100.00) for the first hour and fifty dollars ($50.00) for each hour thereafter. Such fees may be certified by the City Clerk to the County Treasurer under the provisions of Idaho Code sections 50-317 and 50-1008.

The foregoing is an additional and cumulative remedy of the City and does not preclude other enforcement as provided in section 5-4-4 of this chapter. (Ord. 2026-7, 2 June 2026)

5-4-6: AUTHORITY TO EMPLOY LABOR:

The Mayor and City Council are hereby given the power and authority to employ or contract for such labor as is necessary to carry out the provisions of this chapter. (Ord. 2026-7, 2 June 2026)

5-5: RESERVED:

5-6: EXCAVATIONS:

5-6-1: PERMIT REQUIRED:

It shall be unlawful for any person to make any excavation or opening in any public right-of-way within the City without first having a written permit therefor from the Mayor. (Ord. 2026-7, 2 June 2026)

5-6-2: APPLICATION; DEPOSIT AND INSPECTION FEE:

A.  Applications for permits shall be made in writing to the City and shall state thereon the location and size of the proposed opening, the material of which the surface to be opened is composed, and such other information as may be required. Before any permit shall be issued, the applicant shall make a deposit with the City Clerk, except in the case of authorized City employees and in the case of public utilities, in the form of cash or certified check, together with an inspection fee, based upon the following: Dirt, loose stone or similar material: $25.00 for 25 square feet or less, plus $1.00 per square foot over 25; Brick, asphaltic or similar material: $50.00 for 25 square feet or less, plus $2.00 per square foot over 25; Concrete: $100.00 for 25 square feet or less, plus $5.00 per square foot over 25; Fee for inspection: 10 percent of deposit but in no case less than $5.00; Public utilities shall pay a fee as determined by the Council.

B.  Any person making or causing to be made any excavation or opening for any purpose in any public right-of-way within the City shall cause the same to be repaired in the following manner: (1) The width of the trench shall be kept as narrow as the construction needs require. Proper bracing shall be maintained to prevent any collapse of adjoining ground; no tunnel shall exceed thirty six inches (36″) in diameter except with proper bracing or shoring as approved by the City. (2) All excavated material shall be removed from the location and the opening backfilled with sand or fine aggregate in lifts not to exceed sixteen inches (16″), each thoroughly compacted before the next lift is placed. (3) Topsoil shall be replaced at a minimum depth of six inches (6″) properly graded, compacted, seeded or sodded and approved by the City. (4) Gravel surfaces shall be repaired with thoroughly compacted crushed stone base equal to the thickness of the existing course, but not less than eight inches (8″). (5) Bituminous surfaces shall be repaired with a two inch (2″) compacted thickness “cold patch” surfacing material over a compacted, crushed stone base not less than six inches (6″). (6) Concrete and bituminous concrete surfaces shall be repaired with concrete and base equal to the existing slab and base thickness, with the surfacing removed one foot (1′) outside the perimeter of the trench opening.

C.  The application required shall also show that the applicant has contacted all operators of gas, electric, telephone, water, sewer or any other public utility services in the area, to receive from them the information as to the existence and location of any underground facilities. (Ord. 2026-7, 2 June 2026)

5-6-3: DISPOSITION OF DEPOSIT:

The deposit shall be held by the City Clerk for a period of one year after the notice of restoration, and if after one year, and after inspection by the City the restoration of the excavation or opening is in a condition acceptable to the City, the deposit shall be returned to the depositor. If the City deems that further work is necessary to restore the public right-of-way and upon refusal or failure of the depositor to make the required corrections, the City may do the necessary work with the costs thereof being deducted from the deposit. The balance of the deposit, if any, shall be returned to the depositor or, if the costs of proper restoration exceed the deposit, then the depositor shall pay to the City the amount of the excess. (Ord. 2026-7, 2 June 2026)

5-6-4: LIABILITY OF PERMITTEE:

A.  All persons permitted hereunder to make any excavation or opening in any public right-of-way within the City shall maintain all such excavations or openings in a safe condition and shall be liable and responsible for any and all accidents or damages of any nature occasioned by any such excavation or opening until same is repaired and approval of the City is obtained.

B.  All such repairs shall be of such character that the excavation repair will be and remain in good repair and condition for a period of one year from and after the completion thereof. In case any disintegration appears or any defects or depressions occur within such period, except such as are without the fault of the permittee or his agents, such permittee shall be liable for and responsible to repair such defects and to put the repair in a smooth, satisfactory and good condition. (Ord. 2026-7, 2 June 2026)

5-6-5: BLOCKING STREETS:

No excavation shall block more than one-half (1/2) of any street driving surface, except as approved by the City. The City may require adequately trained persons available to direct traffic at such times and locations as the City shall direct. Such persons shall be employees of the permittee and shall obey all orders of duly authorized law enforcement personnel, Mayor, and City, as such orders relate to traffic and traffic safety. (Ord. 2026-7, 2 June 2026)

5-6-6: BARRICADES AND LIGHTS:

Any person making or maintaining any excavation in any public right-of-way shall maintain the same adequately guarded by barricades and lights to protect persons and property. (Ord. 2026-7, 2 June 2026)

5-6-7: SUPERVISION:

The excavating, tunneling or other work being done to any public right-of-way shall be under and subject to the supervision of the City. Notice shall be given to the City at least twenty four (24) hours before the work of backfilling any excavation commences. (Ord. 2026-7, 2 June 2026)

5-6-8: PENALTY:

Violation of any provision herein shall constitute a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-7: PUBLIC PARKS:

5-7-1: PARK SUPERVISION:

All parks and recreational areas owned, operated and maintained by the City shall be under the supervision of the Mayor and Council or their duly designated agents. The Mayor and Council shall from time to time by resolution or ordinance, promulgate rules and regulations for the operation and maintenance of such areas and shall have the authority to establish schedules of fees to be charged for the use of the same. (Ord. 2026-7, 2 June 2026)

5-7-2: TRAFFIC AND USE OF MOTOR VEHICLES IN PARKS:

A.  All persons operating motor vehicles within a City park shall comply with all applicable provisions of Idaho State Traffic Code or the City’s ordinances relating to the operation of motor vehicles as contained in this and other chapters.

B.  All persons within a City park shall obey all law enforcement officers and park employees, who are authorized and instructed to direct traffic whenever and wherever needed in the parks.

C.  All persons operating motor vehicles within a City park shall observe all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control of traffic and to safeguard life and property.

D.  All persons operating motor vehicles within a City park shall not exceed a rate of speed exceeding five (5) miles an hour, except upon such roads designated, by posted signs, for speedier travel.

E.  All persons operating motor vehicles within a City park shall drive only on the paved park roads or parking areas, or such other areas as may on occasion be specifically designated as temporary parking areas.

F.  All persons operating motor vehicles within a City park shall not park vehicles on the grassy areas of the park and shall operate and park vehicles only in established or designated parking areas. Motor vehicles may not be left in a park after closing hours of the park. No vehicle may be double parked on any road or parkway unless directed by a law enforcement officer or a park attendant. (Ord. 2026-7, 2 June 2026)

5-7-3: PARK USE RULES:

A.  Purpose And Compliance: It is the City’s intention to secure the maximum, comfortable and convenient use of the City’s parks by all and to provide for protection of persons and property. Persons using the City’s parks must comply with directions given by law enforcement officers and any other authorized City representatives.

B.  Use: Use of all park facilities is on a “first come, first served” basis, unless appropriate reservations for exclusive use are made as provided in this chapter.

C.  Length Of Use: Unless otherwise provided, exclusive use of any portion of the parks or picnic areas or of any of the buildings or structures in the City’s parks is not permitted nor shall any person use such areas of the park or park facilities for an unreasonable length of time, unless prior reservation for exclusive use is made as provided in this chapter.

D.  Park Facilities: Tables, benches and other facilities of the city parks may not be moved without the consent of an authorized representative of the city.

E.  Picnicking: All fires shall be in designated firepits or fire stands. Persons using the park picnic areas shall not leave their picnic area before any fire they have used has been completely extinguished. All persons using the park shall not leave any trash they have generated in the park except in approved trash receptacles.

F.  Camping: Other than use of designated camping areas in the city’s recreational vehicle park, any form of camping is prohibited, including any form of overnight sleeping, setting up of and use of recreational vehicles, tents, shacks, or any other temporary shelter for the purpose of camping, except by special permission of the city.

G.  Dangerous Games: No person shall take part in or abet the playing of any games involving thrown or otherwise propelled dangerous objects, including, but not limited to, paint balls, throwing stones, arrows or javelins, except in areas set apart for such forms of recreation.

H.  Animals: Horseback riding is not permitted in any city park. No person may bring a dog or other domestic animal into a park except on a leash or carried by the person owning or having the care, custody and control of such dog or domestic animal. Owners of animals must immediately remove fecal matter left in the park by the animal.

I.  Skating And Using Skateboards: Use of skates or skateboards, except in places expressly designated for such use is prohibited.

J.  Distribution Of Advertising Materials, Solicitation, Etc.: No person may distribute, leave or throw any advertising material, such as handbills, circulars or give away or otherwise distribute for advertising purposes any services, goods or wares except as authorized by the city. No person may solicit or accost other persons for the purpose of begging or soliciting alms or otherwise soliciting funds except for charitable fundraising events approved in advance by the city.

K.  Erection Of Structures: No person shall construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the city.

L.  Trees, Shrubbery And Lawns; Injury And Removal: No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.

M.  Alcohol And Drugs: No person may consume or possess any alcoholic beverage in any city park. No person may be under the influence of intoxicating liquor, narcotics or drugs. No person may engage in conduct that may endanger the health and/or safety of himself or of other persons or property, or unreasonably annoy and disturb persons in his vicinity.

N.  Sound: No person may operate or aid in the operation of private radios, stereophonic or sound amplification devices at a greater operating level than sixty two (62) decibels measured at a distance of twenty feet (20′) from such radios or devices.

O.  Glass Containers: No person may bring any glass containers into any park or make use of any glass container in a park. (Ord. 2026-7, 2 June 2026)

5-7-4: GROUP USE OF PARKS:

Use of a city park by a group intending to or actually making joint use of a park as a “group” (as defined herein), whether for exclusive or nonexclusive use, shall be subject to the following provisions. Such groups shall apply for and obtain a permit to use a city park in order to use the same as a group. Otherwise, such a group shall be presumed to be an unlawful assembly.

A.  Definitions: CHARITABLE USE: Use by an organization which has obtained recognition as a charitable institution under section 501(c)(3) of the internal revenue code. COMMERCIAL ACTIVITY: Any display, enterprise, promotion, arts and crafts display, exhibit, food or drink concession, yard sale or any activity at which goods or services are sold, or an admission fee or use fee is required. COMMUNITY USE: Use by a group or organization which is a not for profit organization and the use of the park is a not for profit event. GROUP: Any commercial activity; a reservation for exclusive use of a park by any number of people; any fundraising or sales; any political use; or any event where fifty (50) or more people intend to make joint use of a park. POLITICAL USE: Any political rally, public demonstrations or other protest events or expressions of freedom of speech as sanctioned by law. Political use is limited to four (4) continuous hours in a single day, and may not commence before nine o’clock (9:00) A.M. and must conclude no later than ten o’clock (10:00) P.M. PUBLIC USE OR A PUBLIC ORGANIZATION USE: Use by public entities such as cities, counties, schools and other similar public or political subdivisions of the state of Idaho.

B.  Commercial Activity In Public Parks Prohibited: City parks are not intended for commercial activities. No commercial activity shall be carried on or conducted in public parks of the city except as authorized by the city council, in its sole discretion.

C.  Time Limit: The use which requires a permit as herein provided may not, in any event, exceed three (3) consecutive days.

D.  Applications For Group Activities In Public Parks: Any person or entity seeking to conduct a group activity in a public park in the city must complete a written application form provided by the city clerk. Each application must be accompanied by a nonrefundable application fee in the amount set by resolution of the city. Applications for group use shall be considered by the city council at its next regular meeting following submission of the completed application to the city clerk. Prior to the issuance of a permit, the applicant shall provide proof of public liability insurance in an amount of at least one million dollars ($1,000,000.00) naming the city as an additional insured. The applicant shall agree in writing to hold harmless and indemnify the city from all liability arising from the permitted activity.

E.  Fee Exemption: The city council may, in its discretion, waive the requirement of paying a permit fee to any bona fide, charitable or public organization proposing to conduct a charitable or nonprofit activity.

F.  Preference: Charitable, public activities or community uses or events, in that order, shall be given preference over other uses.

G.  Immediate Termination Of Event: The city’s mayor or their designated representatives may order the immediate termination of the event and dispersal of all persons at the site if the event has become too noisy, unruly, out of control, poses danger to persons or property, or the event and participants are otherwise a private or public nuisance. (Ord. 2026-7, 2 June 2026)

5-7-5: PARK OPERATING POLICY:

A.  Hours: Except for unusual and unforeseen emergencies, parks shall be open to the public every day of the year from six o’clock (6:00) A.M. to ten o’clock (10:00) P.M. Thereafter, visitors and vehicles shall be excluded during the hours of closure.

B.  Closed Areas: Any section or part of any park may be declared closed to the public by the City Council or duly authorized representative at any time and for any interval of time, either temporarily or at regularly and stated intervals and either entirely or merely to certain uses, as the City Council or a duly authorized representative shall find reasonably necessary.

C.  Effect Of A Permit: The permittee shall be bound by all park rules and regulations and all applicable ordinances as fully as though the same were inserted in said permit. The City Council, or a duly authorized representative, shall have the authority to revoke a permit upon a finding of violation of any rule or ordinance, or upon good cause.

D.  Reservations: Special prior reservations for exclusive use of an entire City park or a certain portion of any City park may be made with the City Clerk in writing on the form provided. The Mayor has sole discretion as to whether such reservation shall be granted. At the time the application is made, the applicant must tender a deposit fee in the amount set by resolution of the City Council. The applicant is personally responsible for all use of the reserved facilities and any littering or damage to the City facilities during the time of exclusive use.

E.  Exclusive Use Of Some Park Facilities: The City may grant temporary permission for exclusive use of City parks for organized community athletic events. The City reserves the right to alter or withdraw such temporary grant of exclusive use, with or without prior notice, and on such terms as it considers appropriate in its sole discretion. (Ord. 2026-7, 2 June 2026)

5-7-6: ENFORCEMENT AND PENALTIES:

Law enforcement officers and duly authorized representatives of the City shall enforce the provisions of this chapter. A law enforcement officer or duly authorized representative of the City shall have the authority to eject from the park any person acting in violation of this chapter. Any person found to be violating any provision of this chapter shall be guilty of a misdemeanor. (Ord. 2026-7, 2 June 2026)

5-8: NOISE:

5-8-1: PURPOSE:

The purpose of this chapter is the protection of the health, safety, and welfare of the citizens of Minidoka. It is determined that sound can and does constitute a hazard to the health, safety, welfare, and quality of life of residents of the city. The mayor and council, by way of Idaho Code section 50-308, are empowered to impose reasonable limitations and regulations upon the production of sound to reduce the harmful effects thereof. It is hereafter the policy of this city to prevent and regulate sound generated by loud amplification devices wherever it is deemed to be harmful to the health, safety, welfare, or quality of life of the citizens of the city, and this chapter shall be liberally construed to effectuate that purpose. (Ord. 2026-7, 2 June 2026)

5-8-2: DEFINITIONS:

For the purposes of this chapter, the following definitions shall apply:

CITY:  Minidoka city, Idaho, or the area within the city limits of Minidoka city, Idaho.

COMMON AREA(S):  The area(s) of a facility, complex, apartment unit, hotel, motel or the like that are open either to the general public or persons with the permission of the owner or agent of the owner of the area. This definition would include, but not be limited to, the following: swimming pools, restaurants, patios, hot tubs, saunas, laundry rooms, meeting rooms, lobbies, lounges, bars and other areas within the facility that are either constructed or designed for use in this manner.

EMERGENCY:  Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

EMERGENCY VEHICLE:  A motor vehicle belonging to a fire department, firefighting association, or fire district, an ambulance, or a motor vehicle belonging to a federal, state, county, or municipal law enforcement agency.

LOUD AMPLIFICATION DEVICE:  Any equipment designed or used for sound production, reproduction, or amplification, including, but not limited to, any radio, television, phonograph, musical instrument, stereo, tape player, compact disc player, loudspeaker, public address (PA) system, sound amplifier, or comparable sound broadcasting device.

PERSON:  Any individual, association, organization, or entity having a legally recognized existence, whether public or private.

PLACE OF RESIDENCE:  Any building or portion thereof adapted or used and intended for the overnight accommodation of persons. In the event the building is used for multiple individual units each individual unit shall be considered a separate residence for the purpose of this chapter.

PLAINLY AUDIBLE:  Sound for which the information content is clearly communicated to the listener, including, but not limited to, understandable spoken speech, comprehension of whether a voice is raised or normal, comprehensible musical rhythms, melody, or instrumentation, and the source of which is identifiable to the listener. (Ord. 2026-7, 2 June 2026)

5-8-3: NOISE PROHIBITIONS:

It shall be unlawful for any person to operate or permit the operation of any loud amplification device in such a manner that the sound therefrom:

A.  Is plainly audible within any place of residence not the source of the sound; or

B.  Is plainly audible upon a public right of way or street at a distance of one hundred feet (100′) or more from the source of such sound; or

C.  Is plainly audible from upon or within a motor vehicle upon a public right of way or street at a distance of fifty feet (50′) or more from the source of such sound.

5-8-4: ENFORCEMENT:

A.  Peace Officer Citation: Any law enforcement officer or person empowered to enforce this provision of this code is authorized to issue a uniform citation upon his own observation of a violation without the necessity of a citizen complainant’s signature on said citation.

B.  Citizen Citation: A uniform citation may also be signed by any citizen or person in whose presence an alleged violation of this chapter occurred, and be witnessed by a law enforcement officer or person empowered to enforce this provision of this code whose name shall be endorsed on the citation. (Ord. 2026-7, 2 June 2026)

5-8-5: ORDINANCE ADDITIONAL TO OTHER LAW:

The provisions of this chapter shall be cumulative and nonexclusive and shall not affect any other claim, cause of action, or remedy; nor, unless specifically provided, shall it be deemed to repeal, amend, or modify any law, ordinance, or regulation relating to noise or sound, but shall be deemed additional to existing legislation and common law on such subject.

5-8-6: EXEMPTIONS:

The following sounds are exempted from the provisions of this chapter:

A.  Sounds caused by any emergency vehicle or personnel when responding to an emergency call or acting in time of emergency.

B.  Sounds caused by activities upon any outdoor municipal, school, religious or publicly owned property or facility, provided that such activities have been authorized by the owner of such property or facility or its agent.

C.  Sounds caused by parades, firework displays, or any other event for which a permit for that type of activity is required and has been obtained from the authorized governmental entity within such hours as may be imposed as a condition for the issuance of said permit.

D.  Sounds caused by locomotives or other railroad equipment.

E.  Sounds caused by burglar alarms that are not in violation of this code.

F.  Sounds caused by safety warning devices required by law.

G.  Sounds caused by devices approved for use within the confines of the particular zoning designation that the device is located or pursuant to a conditional use permit.

H.  Sounds emanating from devices used within the common areas of a multiunit facility whose use has been approved by the owners or management of the facility, in compliance with any regulations imposed by the owners or management.

5-8-7: PENALTY:

A.  Fine: Any person who shall violate any of the terms or provisions of this chapter shall be guilty of an infraction and shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees.

B.  Suspension Of License: If a defendant fails to pay a traffic infraction penalty within the time allowed, unless the court makes a finding that the defendant has shown complete and continuing financial inability to pay the penalty, the court shall sign a notice of nonpayment of penalty and send it to the Idaho department of transportation for suspension of defendant’s driver’s license as provided by law.

5-8-8: SEVERABILITY:

If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect.

5-9: PUBLIC ASSEMBLIES:

5-9-1: PURPOSE:

It is the purpose of this chapter to regulate the assemblage of large numbers of people, in excess of those normally needing the health, sanitary, fire, police, transportation and utility services regularly provided in the city, in order that the health, safety and welfare of all persons in the city, residents and visitors alike, may be protected.

5-9-2: LICENSE REQUIRED, CONDITIONS:

A.  No person shall permit, maintain, promote, conduct, advertise, act as entrepreneur, undertake, organize, manage or sell or give tickets to an actual or reasonably anticipated assembly of one hundred fifty (150) or more people, whether on public or private property, unless a license to hold the assembly has first been issued by the council, application for which must be made at least forty five (45) days in advance of the assembly.

B.  As used in this chapter: ASSEMBLY means a company of persons gathered together at any location at any single time for any purpose. PERSON means any individual, partnership, corporation, firm, company, association, society or group.

C.  A separate license shall be required for each day and each location in which one hundred fifty (150) or more people assemble or can reasonably be anticipated to assemble; the fee for each license shall be one hundred dollars ($100.00).

D.  A license shall permit the assembly of only the maximum number of people stated in the license. The licensee shall not sell tickets to nor permit to assemble at the licensed location more than the maximum permissible number of people.

E.  The licensee shall not permit the sound of the assembly to carry unreasonably beyond the enclosed boundaries of the location of the assembly.

F.  This chapter shall not apply to government sponsored fairs held on regularly established fairgrounds nor to assemblies required to be licensed by other laws and regulations of this state.

G.  This chapter shall not apply to any regular established, permanent place of worship, stadium, athletic field, arena, auditorium, coliseum, school or other similar permanently established place of assembly which does not exceed the maximum seating capacity of the facility where the assembly is held.

5-9-3: REQUIREMENTS FOR ISSUANCE OF LICENSE:

Before he may be issued a license the applicant shall first provide proof that he will furnish at his own expense before the assembly commences:

A.  A fence completely enclosing the proposed location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four (4) gates.

B.  Potable water sufficient to provide drinking water at the rate of at least one gallon per person per day and water for bathing at the rate of at least ten (10) gallons per person per day.

C.  Enclosed toilets sufficient to provide at least one toilet for every two hundred (200) persons together with an efficient, sanitary means of disposing of waste matter deposited.

D.  A sanitary method of disposing of solid waste sufficient to dispose of at least two and five-tenths (2.5) pounds of solid waste per person per day.

E.  A free parking area sufficient to provide at least one parking space for every four (4) persons.

F.  If the assembly is to continue overnight, camping facilities sufficient to accommodate the maximum number of people to be assembled.

G.  Fire protection, including alarms, extinguishing devices, and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly.

H.  All reasonably necessary precautions to ensure that the sound of the assembly will not carry unreasonably beyond the enclosed boundaries of the location of the assembly.

I.  An insurance certificate, filed with the city, underwritten by an insurance company licensed to do business in Idaho in an amount not less than one million dollars ($1,000,000.00), naming the city of Minidoka as an additional insured primary and noncontributory party.

5-9-4: CONDITIONS OF APPLICATION:

A.  Application for a license shall be made in writing to the council of the city at least forty five (45) days in advance of such assembly.

B.  The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant.

C.  The application shall contain and disclose: the name, age, residence and mailing address of all persons required to sign; the address and legal description of all property upon which the assembly is to be held; proof of ownership or permission to use the property; the nature or purpose of the assembly; the total number of days and/or hours during which the assembly is to last; the maximum number of persons; and plans for fencing, potable water, toilet facilities, solid waste disposal, illumination, parking, camping facilities, security, fire protection, sound control, and food concessions.

D.  The application shall include the bond required by this chapter and the license fee.

5-9-5: PROCESSING APPLICATION:

The application for a license shall be processed within twenty (20) days of receipt and shall be issued if all conditions are complied with.

5-9-6: REVOCATION OF LICENSE:

The license may be revoked by the council of the city at any time if any of the conditions necessary for the issuing of or contained in the license are not in compliance, or if any condition previously met ceases to be in compliance.

5-9-7: ENFORCEMENT:

A.  The provisions of this chapter may be enforced by injunction in any court of competent jurisdiction.

B.  The holding of an assembly in violation of any provision or condition contained in this chapter shall be deemed a public nuisance and may be abated as such.

C.  Any person who does not obtain the required license or who violates any condition upon which he is granted a license is guilty of a misdemeanor. Each day of violation shall be considered a separate offense.

5-10: RESERVED:

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In re Lugo

Decision: In re Jason Josue Lugo, Case No. 15-40121-JDP (Bankr. D. Idaho, 25 Jun. 2015)
Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge
Counsel for Debtor: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho
Chapter 13 Trustee: Kathleen A. McCallister, Meridian, Idaho
Trustee’s Counsel: Holly Roark, Office of Kathleen A. McCallister, Meridian, Idaho

Background

Jason Josue Lugo and his wife Lori married in 1996. In December 2003, Lugo acquired real property in Declo, Idaho, and in March 2004 conveyed it to himself and Lori by quitclaim deed. The couple built a home on the property that year and moved in with their family, establishing an automatic homestead exemption by virtue of their occupancy as a principal residence under Idaho Code § 55-1004(1).

In July 2012, Lugo moved out of the marital home due to irreconcilable differences. His family remained in the home. He did not record a declaration of non-abandonment. Under Idaho Code § 55-1006, six months of continuous vacancy creates a presumption of abandonment — meaning Lugo’s automatic homestead was presumed abandoned by January 2013. On 12 September 2013, a stipulated divorce decree was entered awarding Lori sole possession of the property, subject to the two existing mortgages and a $40,000 obligation to Lugo’s father. Under the decree, Lori was to refinance the mortgages within seven months and pay Lugo’s father in installments; if she could not refinance, the property was to be sold and the proceeds used to satisfy the parties’ debts. The decree did not expressly grant Lugo any continuing interest in the property. Pending refinance or sale, Lori was responsible for the first mortgage payments and Lugo for the second.

On 17 February 2015, before filing his bankruptcy petition later that same day, Lugo recorded a Declaration of Homestead on the Declo property with Cassia County. He then filed a Chapter 13 bankruptcy petition claiming the property exempt as his homestead in the amount of $49,401.93 — the estimated equity — under Idaho Code §§ 55-1001, 55-1002, and 55-1003. His Chapter 13 plan proposed to sell the property and pay the secured creditors, with any nonexempt proceeds distributed to unsecured creditors. Lugo acknowledged he could not afford to continue making the second mortgage payments.

The Trustee’s Objection

The Trustee objected to the homestead exemption claim on two grounds: Lugo did not reside at the property — his petition listed his residence in Rupert, Idaho — and his Chapter 13 plan proposed to sell it, which the Trustee argued evidenced a lack of any intent to reside there. The Trustee contended that Lugo therefore did not qualify for the homestead exemption under either Idaho’s automatic or declared homestead provisions, and that the claim should be disallowed in its entirety.

The Debtor’s Response

Debtor’s counsel filed a response arguing that the homestead exemption was valid and that the Trustee had not met the burden of proof required to overcome it.

Counsel acknowledged that Lugo had vacated the property in 2012 and had not filed a declaration of non-abandonment, which created a rebuttable presumption of abandonment of the automatic homestead under Idaho Code § 55-1006. Counsel argued, however, that Lugo had done precisely what Idaho law provides as an alternative: he recorded a Declaration of Homestead with Cassia County, invoking the second track of homestead protection under Idaho Code § 55-1004. That provision permits an owner who is not currently occupying a property as a principal residence to establish a homestead by recorded declaration, provided the declaration states an intent to reside there. Lugo’s declaration did so, and the technical requirements of the statute were met.

On the plan-to-sell issue, counsel argued that the Trustee’s position ignored Idaho Code § 55-1008, which exempts proceeds from the voluntary sale of a homestead for up to one year when the debtor intends to acquire a new homestead. Lugo wished to preserve the equity in the property for use in acquiring a new home, and the homestead exemption should follow the proceeds accordingly.

The Court’s Ruling

Judge Pappas sustained the Trustee’s objection and disallowed the homestead exemption.

The Court began by tracing the two tracks through which Idaho law permits a homestead to be established. The first — the automatic or “springing” homestead — arises by operation of law from the moment a debtor occupies property as a principal residence, without any filing or formality. Idaho Code § 55-1004(1). The second — the declared homestead — permits an owner who is not presently occupying property as a residence to establish a homestead by recording a declaration stating an intent to reside there. Idaho Code § 55-1004(2). Both tracks were relevant here.

Lugo had unquestionably established an automatic homestead when he moved into the Declo property in 2004. But he vacated in July 2012 without filing a declaration of non-abandonment, and under Idaho Code § 55-1006 that homestead was presumed abandoned by January 2013. No automatic homestead survived. Lugo therefore could not rely on the first track and turned to the second.

The recorded Declaration of Homestead was facially sufficient. It satisfied each technical requirement of Idaho Code § 55-1004(3): it stated an intent to reside on the property, included a legal description, and provided an estimated cash value, and it had been properly recorded before the bankruptcy petition was filed. Under normal circumstances, that would be enough. The declared homestead is a recognized and legitimate mechanism, and the Court acknowledged that recording a declaration before filing is a conventional and proper way to establish a homestead exemption.

But the Court held that satisfying the statutory checklist does not end the inquiry when the exemption is contested. When an objecting party challenges the declaration, the Court must look behind its face and assess the quality and genuineness of the proof supporting it — in particular, whether the stated intent to reside is real. Here, because the parties proceeded on stipulated facts alone, with no live testimony from Lugo, the record was fixed. And that record told a story that was flatly inconsistent with any genuine intent to reside at the Declo property.

The divorce decree, entered more than a year before the bankruptcy filing, awarded Lori sole possession of the property and contemplated only two outcomes: refinancing or sale. No scenario in the decree provided for Lugo’s return. His bankruptcy plan reinforced the same conclusion — it proposed to sell the property, and if the sale failed, to surrender it. Lugo acknowledged he could not afford the mortgage. Nothing in the record suggested any realistic pathway by which he could or would live at the Declo property again. The declaration’s statement of intent to reside, the Court concluded, was not supported by the facts.

The Court also rejected the § 55-1008 sale-proceeds argument. That provision exempts proceeds from the voluntary sale of a homestead for the purpose of acquiring a new homestead — but it presupposes a valid homestead exemption in the first place. Because no valid homestead had been established, there was nothing to carry forward into the proceeds. Moreover, the record contained no evidence that Lugo intended to use any sale proceeds to purchase a replacement homestead. The Court found his true aim was to preserve equity against distribution to unsecured creditors — an understandable goal, but not one the homestead statutes were designed to serve.

Why This Matters

  1. Idaho’s two-track homestead system offers a genuine alternative to the automatic exemption. When an owner vacates a property and loses the automatic homestead through presumed abandonment, Idaho Code § 55-1004 provides a second path: recording a declaration of intent to reside. That mechanism is legitimate and used, and a properly recorded declaration ordinarily establishes the exemption. This case illustrates, however, that the declared homestead is not a rubber stamp. When the exemption is contested, the Court will look beyond the four corners of the declaration and assess whether the stated intent is genuine.

  2. The divorce decree can be the most important document in the file. A stipulated divorce decree that awards possession of the property to the other spouse and contemplates only refinancing or sale effectively closes the door on any claimed intent to return. Where no scenario in the decree provides for the debtor’s residency, that decree will be powerful — perhaps decisive — evidence against the homestead claim. Counsel evaluating a client’s homestead position after a divorce should read the decree carefully before advising that a recorded declaration will succeed.

  3. Failing to file a declaration of non-abandonment has lasting consequences. Idaho Code § 55-1006 gives a debtor who plans a long absence without intent to abandon the homestead a clear tool: record a declaration of non-abandonment. Lugo did not do so when he left in 2012, and by the time he filed for bankruptcy in 2015 the automatic homestead had been presumed abandoned for over two years. Practitioners advising clients who are leaving a marital home during separation or divorce proceedings should consider this step immediately.

  4. Live testimony on intent may be essential. The Court explicitly noted that because the parties stipulated to the facts and no live testimony was offered, Lugo had no opportunity to address his subjective intent to return to the property. Stipulated facts are efficient but inflexible — they cannot be supplemented after the fact. Where a homestead exemption contest turns on intent, practitioners should consider whether proceeding by stipulation forecloses testimony that might have been outcome-determinative.

  5. Idaho Code § 55-1008 requires both a valid underlying homestead and a genuine intent to acquire a replacement. The sale-proceeds exemption does not operate independently. It presupposes that the property being sold was validly exempt as a homestead. A debtor who cannot establish the underlying exemption cannot use § 55-1008 to protect sale proceeds. And even where the underlying exemption is valid, the proceeds exemption requires evidence of intent to use them to acquire a new homestead — a plan to sell, pay creditors, and retain equity does not qualify.

Full Decision: Available on PACER, Case No. 15-40121-JDP, Doc. 32 (Bankr. D. Idaho 25 Jun. 2015)

Homestead DecisionDownload
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James Sharp

James Sharp

James Sharp was born 7 January 1840 in Misson, Nottinghamshire, England to Thomas Sharp and Elizabeth Cartwright Sharp. His birth is confirmed by a certified copy of his birth certificate from the General Register Office (BXCC548222). It records his birth on 7 January 1840 in Misson, Sub-district of Bawtry, Doncaster. His father is listed as Thomas Sharp, Labourer, and his mother as Elizabeth Sharp, formerly Cartwright — who was herself the informant, registering the birth on 22 January 1840. I wrote about James’ parents, the family’s conversion to the LDS faith, and the trip to America in his brother William’s biography, Sharp-Bailey Wedding.

Birth certificate of James Sharp, GRO certified copy, BXCC548222, Misson, 7 January 1840.

The Sharp family emigrated to America aboard the ship James Pennell, which sailed from Liverpool on 2 October 1850 under the direction of Christopher Layton and William L. Cutler, carrying 291 Latter-day Saint passengers. After a difficult voyage that included a severe storm near the mouth of the Mississippi that disabled the ship and nearly exhausted the provisions on board, the James Pennell arrived at New Orleans on 23 November 1850. The passengers continued up the Mississippi River to St. Louis, where they found employment and shelter. The passenger manifest lists James Sharp, age 10, traveling with his mother Elizabeth Cartwright Sharp (age 45), brother William (age 24), and sisters Isabella (age 19) and Elizabeth (age 26). Their mother died in St. Louis on 17 February 1851, just months after their arrival. The account of the voyage is preserved at Saints by Sea.

Siblings William and Isabella eventually continued west with the Moses Clawson Company in May 1853, while James stayed behind with his sister Elizabeth in St. Louis. (Read more about Elizabeth here.) James and Elizabeth did not join the LDS faith with their mother (Elizabeth), William, and Isabella.

James married Eudora Elvira Mann 3 March 1863 in Nashville, Davidson, Tennessee. Eudora “Dora” was born 1 May 1845 in Nashville. We do not know much of the life story, so how he met Dora and married her in Nashville we may never know. The two made their home in St. Louis though. James worked as a pork packer and initially started out in business with Patrick Muldoon around 1870. Here is the run down of the St. Louis directories.

1869 [FHL #980635] James Sharp with Muldoon and Sharp at 1612 Biddle.
1870 [Gould’s p. 797] shows the same.
1871 [Gould’s p. 601] the same, but also lists Sharp, James pork packer r[esident?] at 1119 N 17th. {FHL #980,636]
1872 shows Muldoon and Sharp at 1015 N 17th [N 17th goes from 1701 Market North to Angelica.]
1875 [p. 1171] Muldoon and Sharp, Pork Packers and Provision Dealers, 904 B’way.
1885 Sharp, James, Muldoon and Sharp 904 to 912 S 2d, r 2715 Mills. [There are now 7 pork packers listed, only 1 in 1875.]
1887, James C. Sharp is listed as a clerk at Muldoon and Sharp.
1888 is Sharp, James and Co., same address, te no. 2208.
1890 James Sharp and Co. now includes Sharp, James C. as cashier and Sharp, George as Clerk. All 3 at 3641 Finney Ave.
1895 Shows both James Sharp and James C. Sharp as packers, George W. Sharp as Manager and William M. Sharp as Clerk at James Sharp and Co., 904 S 2d. James C. now resides at 4354 Morgan, the other 3 still at 3641 Finney.
1896 and 1897 now show William M. as manager and George W. as supt.; James and James C. simply identified as with Co. 1898 directory is missing.
1899 Company not listed. James C. (same address) is broker; George W. is just listed, at 1811 Laflin; William M. and James are just listed, still living at 3641 Finney.
1900 James C. at Sharp and Westcott; George W., clerk at Manewal Lange Bakery, 3204 Morgan; William M. litho., at home.
1901 James Sharp now resident at 4573 Page boul; James C. com. mer. 736 Bayard av; George W. still clerk at Manewal-Lange Bakery, resident at 3009 Easton. [William M. not listed]
1902 James C. mngr. Sharp Mnfg Co., 411 Fullerton bldg., r. 736 Bayard av; George W. and William M. are both clerks, residing at 3156 Easton av.
1903 James still at 4573 Page boulevard; James C., ins., 721 Olive, r. 3732 Washington Boul.

Death notice of James Sharp, St. Louis Globe-Democrat, 24 February 1908.

As you can probably tell from the information above, James put his children to work and included them in the business. James retired at 55 and turned the business over to his boys. By 1898 they had run the business in the ground, supposedly because of their like for being horsey (horse-racing).

James and Dora had 5 children.

Eudora Mann Sharp born 13 January 1864 and died 11 January 1938, both in St. Louis. She married Alexander A Bryden, who worked in the coal business.

Ida Lee Sharp born 8 October 1866 and died 23 December 1946, both in St. Louis. She was unmarried. She worked as a school teacher.

James Carlisle Sharp born 26 December 1868 in St. Louis and died 4 November 1952 in Valley Park, St. Louis, Missouri. He married Emma Manewal (and divorced) and Madeline C Grimm. He had a department store. Emma was the daughter of August Manewal, one of the confederation of bakers who formed the National Biscuit Company (NABISCO).

George W Sharp born 10 March 1871 in St. Louis and died in 1964 in Sand Springs, Tulsa, Oklahoma. Apparently he married a lady named Effie Olive, but we know nothing more about his life or her. He was badly disfigured after being kicked in the head by a horse at 3 years old.

William Muldoon Sharp born 4 October 1874 and died 24 March 1915, both in St. Louis. He also remained unmarried.

Eudora died 3 March 1894 of cerebral meningitis. She was listed as living at 3641 Finney Avenue. She was buried in the Bellefontaine Cemetery 5 March 1894.

James died suddenly on Monday morning, 24 February 1908, at the residence of his son-in-law Alexander A. Bryden at 4573 Page Boulevard, St. Louis, at the age of 68. The St. Louis Post-Dispatch reported that he was a retired pork packer who was killed by a street car on Saturday night, 22 February 1908, at Page Boulevard and West End Avenue. He died two days later from his injuries. The funeral was held Wednesday afternoon from his late residence at 4582 Page Boulevard, conducted by Rev. Dr. William Elmer of St. Philip’s Episcopal Church — a further confirmation, alongside Annie Thompson’s account, that James never joined the LDS Church. He was interred at Bellefontaine Cemetery on 26 February 1908. The death notice in the same paper, published 24 February, gave his age as 68 years, consistent with his 1840 birth year confirmed by the birth certificate.

James was a founder of St. George’s Society and served as treasurer for several years. He was also a member of the Merchants’ Exchange and a veteran member of the St. Louis Lodge No. 5, I.O.O.F.

Funeral notice of James Sharp, St. Louis Post-Dispatch, February 1908.

For more on the Sharp family, see:

Elizabeth Cartwright Sharp — James’s mother, written by Annie Thompson
Sharp-Bailey Wedding — James’s brother William and Mary Ann Bailey
John and Elizabeth Quayle — James’s sister Elizabeth who also remained in St. Louis
Sons of Joseph and Isabella Carlisle — James’s sister Isabella who went on to Utah

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Sons of Joseph and Isabella Carlisle

Standing (l-r): Frank Carlisle, Harve Carlisle. Sitting: Fred Carlisle, Joe Carlisle, Jim Carlisle.

I thought I would share this photo because I have it and do not know how many others do. This is the five sons of Isabella Sharp and Joseph Carlisle. Isabella is the sister to my William Sharp, who I have written about previously at this link: Sharp-Bailey Wedding. Here are some of the details of the family, but I do not really know much more. They have a pretty large family with plenty of family historians so I will let them write the Carlisle history (which I know they have probably already done).

Joseph Carlisle was born 21 July 1826 in Sherwood on the Hill, Nottinghamshire, England and died 17 March 1912 in Millcreek, Salt Lake, Utah.

Isabella Sharp was born in December 1831 in Misson, Nottinghamshire, England and died 29 March 1904 in Millcreek, Salt Lake, Utah. Her christening record, dated January 1832, establishes 1831 as her birth year. Both her Deseret News obituary and the In Memoriam published at the time of her death recorded her birth date as 21 December 1832 — the year is contradicted by the christening record, and whether the day was the 21st or 22nd remains to be confirmed by further research. Her parents were Thomas Sharp and Elizabeth Cartwright Sharp. If you search her brother, mentioned above, you can read more about her parents and family.

Misson is a small village and civil parish in Nottinghamshire, England, situated on the River Idle approximately one and a half miles from the Yorkshire boundary and three miles east-northeast of Bawtry. The village’s ancient name appears in historical records as “Mysen” or “Misne,” both of Danish origin, suggesting the area was first settled by Danes who came up the Trent valley to Gainsborough and then followed the River Idle inland. Until 1886 the parish straddled the Nottinghamshire-Lincolnshire boundary, when it was ordered placed entirely within the Bassetlaw division of Nottinghamshire. It was in this quiet fenland village, near the meeting point of three counties, that Isabella Sharp was born.

The Sharp family emigrated to America aboard the ship James Pennell, which sailed from Liverpool on 2 October 1850 under the direction of Christopher Layton and William L. Cutler, carrying 291 Latter-day Saint passengers. After a difficult voyage that included a severe storm near the mouth of the Mississippi that disabled the ship and nearly exhausted the provisions on board, the James Pennell arrived at New Orleans on 23 November 1850. The passengers then continued up the Mississippi River to St. Louis, where they found employment and shelter for the winter. The passenger manifest confirms Elizabeth Cartwright Sharp (age 45), William Sharp (age 24), Isabella Sharp (age 19), Elizabeth Sharp (age 26), and James Sharp (age 10) all traveled together on this voyage. The account of the voyage is preserved at Saints by Sea.

Isabella’s mother, Elizabeth Cartwright Sharp, died in St. Louis on 17 February 1851, just months after their arrival. Isabella remained in St. Louis, was baptized into the Church of Jesus Christ of Latter-day Saints, and married Joseph Carlisle there on 18 May 1853. That same month her brother William departed St. Louis with the Moses Clawson Company, arriving in Salt Lake Valley in September 1853. Joseph and Isabella followed, also traveling with the Moses Clawson Company, and settled first in Millcreek, Salt Lake County.

The Deseret News of 31 March 1904 reported her passing under the headline “Early Settler Dead: Mrs. Isabella S. Carlisle Goes the Way of All the Just.” The notice recorded that she was born in Misson, England, 21 December 1832, emigrated to Utah in 1851 [she arrived in America in November 1850 but did not reach Utah until September 1853], and passed away at her home in Mill Creek on Tuesday last after a well-spent life of nearly 72 years. She became a member of the Church of Jesus Christ of Latter-day Saints in 1850 and endured with patience and fortitude all the hardships incident to the settlement of these valleys. The funeral was held from the Mill Creek Ward house on Friday at 12 o’clock noon.

An In Memoriam published at the same time recorded that Sister Carlisle was one of the first to join the Relief Society when it was organized in the ward in 1863, and was a great support to it financially. She served as presiding teacher in the third district for twenty-one years, and as first counselor in the Primary Association, third district. She was honorably released by Bishop James C. Hamilton. The funeral was held at the Mill Creek Ward house, where a large concourse of friends met to pay their last respects, Bishop Hamilton presiding. She was interred in the Mill Creek Cemetery.

In December 1933, three of Isabella’s sons — Joseph R. Carlisle, James S. Carlisle, and Harvey C. Carlisle — wrote to LDS Church President Heber J. Grant requesting reinstatement by proxy of their Uncle William Sharp and his wife Mary Ann Sharp, who had been excommunicated from the Church on 31 January 1879. President Grant consented by letter dated 16 December 1933, authorizing proxy baptism and, if applicable, restoration of endowments and sealing through Elder George F. Richards, President of the Salt Lake Temple. The letter was addressed care of Mrs. James S. Thompson — confirming that Annie Thompson, whose 1957 history of Elizabeth Cartwright Sharp appears elsewhere on Sagacity, was the daughter of James S. Carlisle.

Joseph and Isabella were married 18 May 1853 in St. Louis, St. Louis, Missouri.

Joseph Richard Carlisle was born 19 December 1854 in Millcreek and died 2 April 1935 in Salt Lake City. He married Lily Naomi Titcomb 29 November 1883 in Salt Lake City in the Endowment House.

Isabella Jane Carlisle was born 12 April 1857 in Salt Lake City and died 1 April 1928 in Salt Lake City. She married Joseph William Walters 3 January 1875 in the Endowment House.

Thomas Matthew Carlisle was born 12 April 1857 in Salt Lake City and died 10 March 1869 in Millcreek.

James Sharp Carlisle was born 4 September 1859 in Millcreek and died 2 December 1938 in Millcreek. He married Keturah White 11 February 1885 in Logan, Cache, Utah in the Logan Temple.

Ezra Taylor Carlisle was born 14 August 1861 in Millcreek and died 12 February 1862 in Millcreek.

Elizabeth Ann Carlisle was born 24 November 1862 in Millcreek and died 6 November 1881 in Millcreek. She was engaged to marry John Calder Mackay and obviously died before that marriage could take place. On 21 December 1881 in St. George, Washington, Utah Isabella performed Elizabeth’s eternal ordinances in the St. George Temple. Isabella also stood in as proxy as Elizabeth was sealed to John Mackay, who accompanied Isabella to St. George.

William Frederick Carlisle was born 14 November 1864 in Millcreek and died 5 January 1922 in Millcreek. He married Sarah Ann Rogers 23 December 1897 in the Salt Lake Temple.

Harvey Cartwright Carlisle was born 22 September 1866 in Millcreek and died 3 July 1935 in Holladay, Salt Lake, Utah. He married Lucy Carline Cahoon 21 January 1891 in the Logan Temple. After her death he married Amelia Annie Towler 16 January 1901 in the Salt Lake Temple. After her death he married Emily Steven McDonald 19 July 1923 in the Salt Lake Temple.

Herbert Towle Carlisle was born 23 August 1868 in Millcreek and died 25 October 1870 in Millcreek.

Orman Carlisle was born 8 May 1871 in Millcreek and died 9 May 1871 in Millcreek.

Carrie Brown Carlisle was born 18 November 1872 in Millcreek and died 15 July 1873 in Millcreek.

Ether Franklin Carlisle was born 11 September 1873 in Millcreek and died 4 May 1915 in Salt Lake City. He married Maude Miller Harman 10 November 1897 in the Salt Lake Temple.

Rosamond Pearl Carlisle was born 29 July 1875 in Millcreek and died 13 June 1921 in Murray, Salt Lake, Utah. She married Uriah George Miller 19 February 1902 in the Salt Lake Temple.

The family certainly lost quite a few children. But all those who lived to marry did so in an LDS temple, or its equivalent at the time.

For more on the Sharp family and Plain City’s founding generation, see:

Sharp-Bailey Wedding — William Sharp and Mary Ann Bailey
Elizabeth Cartwright Sharp — Isabella’s mother, written by Annie Thompson
James Sharp — Isabella’s brother who remained in St. Louis
Early Settlers in Lehi, Utah, before Plain City, Utah — Wayne E. Clark’s research including William Sharp (no. 68)
History of Plain City — Plain City’s founding families

by

The England Fire of 1974

Plain City, Weber County, Utah is not a place that conjures images of billion-dollar industries. Its name suggests modesty, and its streets deliver on that promise — quiet fields, small farms, and houses set back from roads that run straight and flat through Weber County. There is substantial residential development in the past two decades. Even then, this small town produced a remarkable concentration of American transportation entrepreneurial energy. At the center of it stands one man: Chester Rodney England.

When a fire consumed Chester’s lumber yard on the evening of 6 April 1974, his neighbors rose to defend him to allow him to rebuild. Among those neighbors were my grandparents, Milo and Gladys Ross. What they did in the weeks that followed is documented below — eight pages of signatures collected on lumber yard estimate forms, a newspaper clipping, and a typed petition text. This post tells the story behind those pages.

Chester and Maude

Chester Rodney England was born 12 November 1896 in Plain City to William and Ismelda Thueson England. He grew up there, attended Weber Academy, and in 1916 married Maude Vivian Knight — a Plain City girl herself, born in August 1897. One month after their marriage, Chester received a mission call to the Southern States. He was set apart on 5 December 1916 by Apostle Anthony W. Ivins and left his new bride on 6 December 1916, serving for two years. He returned to find Utah in the grip of the 1918 influenza epidemic, his wife under quarantine, and her sister Elizabeth Knight Ericson dead. His mother was also ill, and he spent a week with his aunt Laura England before he could be with his family.

Chester wrote his own history late in life, and his voice is direct. After the mission he worked at the Amalgamated Sugar factory, farmed through the winters, bought a small Ford truck, and began hauling produce to the stores up through Cache Valley. “I found I could make more money doing this than farming,” he wrote, “so I turned the farm back to my father.” On 24 October 1919, his first son, Eugene Knight England, was born in Ogden. On 6 March 1923, his second son, William Knight England, followed. Two daughters, Rosemary and Carol, completed the family.

Milo James Ross
Milo James Ross (1921–2014)

In 1924 the Weber Central Dairy Association organized and asked for bids to truck milk from the dairymen into the dairy on 19 Washington Boulevard in Ogden. Chester submitted his bid, was accepted, and trucked the first load. He delivered milk in the morning and hauled potatoes up through Cache Valley in the afternoon. Gene and Bill grew up in the business. During summers Chester took them along on the long hauls, building a shelf of boxes out from the cab seat so they could nap on the road. He made sure they always had a bottle of pop at each stop.

During World War II, while Gene and Bill served in the military, Chester hauled Mexican bananas coming into the country at El Paso, Texas, distributing them throughout Utah. Gene served in the 77th Infantry Division at Okinawa, earning the Bronze Star for crawling under fire to drag a wounded soldier to safety — 129 men went up to the escarpment, 27 came back after 72 hours. Bill served in the Air Force in the Philippine Islands from 1943 to 1946. The two brothers found each other on Cebu using a coded letter — Gene had written his middle initial as “B” to signal his location — and Bill arrived with a mattress, making Gene the only man in his division sleeping on something other than a canvas cot. A letter written from the Hotel Keystone in San Diego in May 1946 — Chester on the road at age 49 — gives a picture of those years on the home front. He writes to his wife about a load of bananas, his plans to buy a semi-trailer, and his satisfaction that Gene and Bill are doing well.

Shortly after their return from service, Gene and Bill joined Chester hauling produce. Their first postwar hauls included lumber from Oregon back to Utah, and it was that trade that gave the family firsthand knowledge of the lumber market. The first diesel truck — a used 1940 Kenworth conventional — was purchased during this period. As the business grew, the company also ran two packing sheds and a storage facility for Idaho potatoes at its peak. Around 1957, an unforeseen change in the potato hauling market prompted Gene and Bill to file applications for ICC licenses to haul all kinds of freight, opening an entirely new range of products and geographic lanes. That same year, C.R. England offered 72-hour coast-to-coast service, the first such offering available to American shippers. The first trip east was made by driver Robert Gould in a new 1959 Kenworth, tractor number 17, hauling produce from California to Philadelphia.

In the 1950s Chester stepped back from trucking, leaving Gene and Bill to run what had become C.R. England & Sons. He returned his attention to Plain City. As he wrote: “Our sons retired me from C.R. England & Sons so I started building homes on our property in Plain City. I soon decided I needed a lumber yard if I was going to continue to build. In 1960 I built a lumber yard on the property just west of the home we had sold.” The family’s years hauling lumber from Oregon had given Chester intimate knowledge of the lumber trade, and that knowledge informed the decision. He built three homes on adjacent property and sold them to Keith Lund, Ray Cottle, and Blaine Gibson. He built 25 homes in Plain City and many others throughout Weber County. He built a 12-unit apartment complex in Roy. He took second mortgages from young couples who could not otherwise buy. “It was a great satisfaction to have young couples come and tell me they would never have bought their homes without my help,” he wrote.

Maude was with him through all of it. Born in Plain City in August 1897, she never really left. She served as president of the Plain City Primary, held positions in the Relief Society throughout her life, and attended the Ogden Temple with Chester twice a week when they could manage it. She died in Plain City on 12 February 1982, having lived there her entire 84 years. Chester moved to Salt Lake City after her death and died there on 5 January 1989. He is buried beside her in Plain City Cemetery.

The Sugar Factory

The sugar factory was woven into both families long before the fire. The Amalgamated Sugar Company plant at Wilson Lane, just south of Plain City, was one of the economic anchors of Weber County from the early twentieth century onward. Plain City farmers hauled beets to the rail dumps each fall for decades; the railroad that came to Plain City in 1909 arrived largely to move beet cars to that factory. Chester England worked at the sugar factory himself after returning from his mission in late 1918, spending two winters there before he turned to farming and then trucking.

Milo’s father, John “Jack” Ross, worked for Amalgamated Sugar much of his adult life, following the company between its Ogden, Burley, and Paul, Idaho plants as work demanded. That movement accounts for the geography of the Ross children: Milo was born in Plain City in 1921, his brother Paul born in the town of Paul, Idaho in 1922, and Harold born in Burley in 1924. Amalgamated Sugar built its Paul factory in 1917, and families from the Plain City area followed the work north. The factory experienced difficult early years — a postwar agricultural depression after World War I, and then the beet leafhopper blight that devastated crops through the 1920s and into the 1930s — but it survived to become, in time, the largest sugarbeet processing facility in the world. Chester England and Jack Ross were contemporaries who had worked for the same company in the same corner of northern Utah before either of them had settled into the lives their families would remember them by. For more on the sugar factory’s role in Plain City’s history, see History of Plain City Pt. 1.

The Cradle of American Trucking

Chester England’s 1920 Model T purchase was the seed of something considerably larger than one family’s business. Four major American trucking companies trace their origins directly to Plain City, and all four connect back to Chester. The Standard-Examiner and C.R. England’s own history have documented this story in detail.

C.R. England & Sons grew steadily through the postwar decades into one of the largest refrigerated carriers in the United States, eventually operating a fleet approaching 4,000 trucks and headquartered in Salt Lake City. Gene England served as president of the company well into his later years, still coming into the office daily at age 88. He died on 13 November 2024 at the age of 105. Bill England, who married Fern Hadley — a Plain City Hadley, the same family that signed the petition — died on 28 March 2018 at age 95. He spent his last ten years without sight but maintained, as his family recorded, an extraordinary optimism throughout. He entitled his life history “It Is As Good As It Gets.”

Carl Moyes had driven trucks for C.R. England in his younger years. In the late 1950s, Carl and his wife Betty started B&C Truck Leasing in Plain City. In 1966, when their son Jerry graduated from Weber State College, the family moved to Phoenix, Arizona and formed the company that would eventually become Swift Transportation — for many years the largest truckload carrier in the United States. Jerry Moyes later observed that he liked to say there was “diesel in the water” in Plain City, and that the people there were conceived in sleeper cabs.

In 1990, brothers Kevin and Keith Knight and their cousins Randy and Gary Knight left Swift to found Knight Transportation. All four had grown up in Plain City and gotten their start working for the Moyes family’s Swift Transportation. The Knights were also related to Maude Knight, who had married Chester England in 1916, making them family to the man who started the Plain City trucking tradition. Knight Transportation started with five trucks; four years after going public the company had between 250 and 300. Knight and Swift announced a merger in April 2017, creating Knight-Swift Transportation, valued at an estimated $5 billion with approximately 23,000 tractors and 77,000 trailers.

In 1976, Jeff England — Gene’s oldest son and Chester’s grandson — bought his first truck while still working at C.R. England as an owner-operator, initially under the name “Pride of England Enterprises.” In 1979, with three trucks and a haul contract moving produce from California to New York, he left the family firm to go fully independent. His wife Pat was his partner from the beginning. In the early 1980s he assembled a group of investors, purchased ten more trucks, and rebranded as Pride Transport Inc. By 2017 the company operated a fleet of 500 trucks. In 2012 Jeff passed ownership to his son Jay England. Jeff England said of his decision to leave: “I felt that I needed to do my own thing.” He was 76 at the time of that interview and still driving a truck a couple of times a month.

The fuel infrastructure serving these fleets also has roots in this region. O. Jay Call, who came to Willard, Utah in the mid-1960s, founded Flying J in 1968, naming it for his love of flying, and built it into the largest retailer of diesel fuel in North America. His uncle, Reuel Call, had founded Maverik convenience stores in 1928 in Afton, Wyoming. FJ Management acquired Maverik in 2012. The Call family’s fuel network and the England-Moyes-Knight trucking empire developed in the same northern Utah environment across the same decades.

In September 2022, representatives of all four trucking firms gathered at Peery’s Egyptian Theater in Ogden for the premiere of a documentary about their shared origins. Gene England, then 102 years old, was present on stage alongside Jeff and Dan England, Jerry Moyes, and Kevin Knight.

The Fire

On the evening of 6 April 1974, Chester England went over to open up the lumber yard. He was 77 years old.

He described what followed in his own autobiography:

As I opened the office door, the place exploded and was engulfed with flames. It had been smoldering during the night. We do not know what caused it but it burned everything. I ran in to get the invoices but the ceiling began falling and burned holes in my jacket so I could have lost my life. This was a terrible experience watching everything you have worked hard for go up in flames. I was down in bed for 10 days from shock. We had insurance on it but I had been buying so much merchandise that the insurance didn’t begin to pay for the loss. I appreciated the fire department and the ward members who worked so hard to help. It took many weeks after to clean up. My family thought I should retire and not build it up again. However, I knew I wouldn’t be happy without something to do so I started rebuilding as soon as I could.

The 1977 History of Plain City records the fire at “England Builder’s Lumber Company” and gives the date as April 6, 1975. That date appears to be a transcription error in the town history; Chester’s own autobiography gives 6 April 1974, and that account is the primary source. The fire also destroyed the adjacent Leigh Archery Company, operated by LeGrande Leigh and Robert Jones. The insurance fell short. Chester was 77 and his family urged him to retire. He refused.

Plain City Will Consider Future of the Lumberyard

A newspaper clipping, attached to the first petition page, reported what happened next:

PLAIN CITY — The City Council here will hold a special session May 9 at 8 p.m. to make a decision on requests to rebuild a lumberyard and business destroyed by fire.

Requests that the city permit reconstruction of the lumberyard and Leigh Archery Co. came from Chester England and LeGrande Leigh and Robert Jones.

The council reported, however, that there have been some objections from citizens who do not want to see the lumber operation reestablished.

It also was reported there have been some questions as to the nature of the archery business being conducted. It has not been determined whether it is a commercial business or a manufacturing operation.

The requests to rebuild have been referred to the city planning commission for its recommendation. The recommendation is expected to be received prior to the May 9 meeting. All interested citizens are invited to attend the meeting which will be held in the City Hall.

The council also will consider various projects the city can carry out under the Utah Extension Service Program. Ronald Bouk of the service outlined various programs cities such as Plain City can conduct that may bring it awards and other benefits. The city must make application for such projects by May 31.

Some citizens did not want Chester to rebuild. And so his neighbors organized.

Milo and Gladys Ross

Milo and Gladys Ross
Milo and Gladys Ross, 30 May 1942

Milo James Ross (1921–2014) was born 4 February 1921 in a log cabin just north of Plain City. His mother, Ethel Sharp Ross, died of puerperal septicemia in August 1925 when Milo was four years old, leaving three surviving boys. Milo went to live with his Uncle Ed Sharp, Harold with Uncle Dale Sharp. They were raised in separate homes within a few blocks of one another in Plain City, the extended Sharp family absorbing the loss. For more on the Sharp family’s tragedies, see Sharp Tragedies.

Milo grew up working Ed Sharp’s farm — tending onions, hauling salt from the flats at Promontory, doing whatever needed doing. He played baseball with the Plain City Farm Bureau team and attended Weber High School.

Plain City baseball team
Plain City baseball team. Back (l-r): William Freestone (manager), Norman Carver, Glen Charlton, Fred Singleton, Elmer Singleton (1918–1996). Middle: Clair Folkman, Dick Skeen, Albert Sharp, Abe Maw, Milo Ross. Front: F. Skeen, Walt Moyes, Arnold Taylor, Lynn Stewart, Theron Rhead. See also: Plain City Hurler.
1937 Plain City Baseball Champions
1937 Plain City Baseball Champions. Back (l-r): Ben Van Shaar, Ervin Heslop, Ellis Stewart, Kenneth Taylor, Don Gibson, John Reese. Middle: Frank Hadley, Howard Wayment, Wayne Rose, Ray Charlton. Front: Keith Hodson, Howard Hunt, Wayne Carver, Lyle Thompson, Milo Ross.

In 1940 Milo met Gladys Maxine Donaldson (1921–2004) at a Plain City celebration. They married on 4 April 1942. Six months later Milo enlisted in the Army. He served in the 33rd Infantry Division, 130th Regiment, Company C, trained in weapons and earned expert ranking. He arrived in Hawaii on 4 July 1943 — the same day his son, Milo Paul, was born in Utah, a son he would not meet for three years. He fought through the jungles of New Guinea and the Philippines and was present at the Japanese surrender at Luzon in June 1945. He received two Purple Hearts and the Silver Star. His company received a Presidential Citation for outstanding performance during the seizure of Hill X in the Bilbil Mountain Province. For more on Milo’s military service, see Milo James Ross Military Medals and his 1997 oral history interview.

Milo Ross in uniform
Milo Ross in uniform at Fort Lewis, Washington

He came home and went to work as a contractor and builder, eventually building and remodeling hundreds of homes throughout Utah, mostly in Weber County. That work is why, when the time came to gather signatures for Chester England, he had a pad of lumber yard estimate forms at hand. They were his working tools. He pressed them into service as petition pages.

Milo knew Chester England personally. A childhood photograph survives showing Milo alongside Harold Ross, Howard Hunt, Josephine Sharp, and Janelle England on horseback — the England and Ross and Sharp children together in the neighborhood as naturally as their parents moved among one another. In his 1997 oral history interview, Milo recalled Chester among the Plain City men who had struggled during the Depression years, when banks failed and farms were lost. Chester was woven into Milo’s memory of Plain City going back to his earliest years.

On Horse l-r: Harold Ross, Howard Hunt, Milo Ross, Josephine Sharp (arm only), Janelle England, Eddie Sharp. In front l-r: Ruby Sharp, Lucille Maw, and Milo Riley Sharp.

The Petition

The typed text at the center of the petition read:

We the citizens of Plain City feel that Chester England should be allowed to rebuild his lumber yard. Since when do you kick a man when he is down/ Lets stand together and help Chester England when he needs a friend.

The headers on the petition pages identify the organizers: “By Gladys and Milo Ross — To Help Mr. England — Rebuild Back Up.” The forms were passed through the community in the weeks leading up to the May 9 city council meeting. One page was circulated by Joan Jenkins.

My father, Milo Paul Ross, had worked for Chester England as a teenager. He and his first wife, Victoria “Vicki” Feldtman (1945–2018) — married 5 March 1963 — both signed the petition. For more on Vicki, see Vicki’s Class Pictures. My grandfather Harold Ross also signed. The Sharp cousins — W.A. Sharp and Florence Sharp, children of the family that had raised Milo and Harold — signed as well. Maude K. England and Chester R. England signed the petition themselves.

Among the more than 340 signers, the connections to Plain City’s history run deep. The Moyes family signed in force — the same family whose son Carl had driven trucks for Chester England and whose grandson Jerry would found Swift Transportation. The Knights signed — relatives of Maude Knight England and future founders of Knight Transportation. Elmer Singleton (1918–1996), the Plain City baseball legend who pitched in the major leagues for five teams over fifteen years, signed with his wife Elsie. Cherrill Palmer Knight (1931–2021), who had served as Plain City City Recorder and was the daughter of Vern and Viola Palmer — also signers — added her name alongside her husband Thayne (1931–2018). Roxey R. Heslop, who contributed the school and cemetery histories to the 1977 Plain City history book, also signed. Hildor England (1896–1983), born Johnson, who married into the England family, signed as well. Gordon C. Orton (1924–2008), a Plain City general contractor and World War II veteran who served in the Philippines, New Guinea, and Okinawa, signed with his wife Leone. Vernal Moyes, who had served as a Plain City councilman, signed alongside his family.

The 1977 History of Plain City records the outcome: “Builders Bargain Center, formerly England’s Builders. This business was started and run by Chester England for many years.” Chester rebuilt. The community’s voice prevailed. For more on Plain City’s history, see the Plain City series on Sagacity.

Circle A Construction

Milo Paul Ross and Larry Aslett
Milo Paul Ross and Larry Aslett

My father’s career at Circle A Construction was built substantially on the same industry that had shaped the England and Ross families in Plain City. Circle A, founded in 1952 in Jerome, Idaho by Marvin Aslett, hauled sugar beets for Amalgamated Sugar for most of its operating history. For roughly 34 years, from around 1971 until Circle A transferred the Paul operations to AgExpress in 2004, my father supervised beet hauls across the Magic Valley, from the fields to the Amalgamated dumps at Paul and elsewhere across southern Idaho — the same plants Jack Ross had worked in a generation before.

Marvin Aslett and Milo Paul Ross
Marvin Aslett and Milo Paul Ross at Milo’s 20-year service recognition, 1990. See: Circle A Construction Honors.
Circle A truck in Paul parade
Circle A Construction truck in the Paul, Idaho parade, about 1985. See: Circle A Construction Trucks.

Marvin’s sons Larry and Steve Aslett ran the company alongside my father for decades. We called Larry “Uncle Larry” growing up. The Asletts took us to roundups in Mackay, to ranch country above White Knob. I worked for Circle A myself from 1993 through 1998. My first job in 1994 was washing and waxing trucks at the old Hynes beet dump in Paul after harvest. Jack Ross had worked for Amalgamated Sugar in Paul in the 1920s. My father hauled beets to Amalgamated in Paul for three decades. Circle A’s beet hauls fed the same company in the same town across three generations of this family’s working life.

Circle A trucks in front of Idaho Capitol
Circle A Construction trucks in front of the Idaho State Capitol, 2000

The Petition Pages

Below are all eight pages of the petition as collected by Milo and Gladys Ross in the spring of 1974.

Complete List of Signers

Names marked with an asterisk (*) represent uncertain readings of the cursive originals. Dates are given where confirmed through research. This list was transcribed from handwritten signatures; corrections and additions are welcome.

Adams, Alice
Adams, Allene C.
Adams, Calvin Rex
Allen, Jeanine
Alsup, Marguerete W.*
Alsup, Phil S.
Amussen, Doris Maw
Amussen, Richard W.
Ashdown, Rex R.
Ashdown, Virginia
Bacon, R.A.
Baker, Dean A.
Baker, Penny
Baker, Tom D.
Baker, Vivian
Beeler, Diana
Beeler, Jack
Beutler, Kandis C.
Beutler, Lloyd J.
Bingham, Dee
Bingham, Evelyn
Bingham, Farrell J.
Bingham, Junior D.
Bingham, Lorene
Bingham, Zona F.
Brown, Donna
Brown, Robert
Bullock, Duane
Bullock, Joyce W.
Bunn, Carol
Bunn, John H.
Burr, Adle R.
Burr, Arnold K.
Burr, Kenna F.
Burr, Lester
Burr, Roy D.
Butler, Donnette R.
Butler, Kenneth L.
Butterfield, Judy*
Calvert, Elaine
Calvert, Kent W.
Carver, Brent
Carver, Harold C.
Carver, Jane
Carver, Liland
Carver, Theone
Chase, Dannell
Chase, Ladd
Chase, LaRene G.
Chase, Norma P.
Child, Melvin E.
Chournas, Beverly*
Chournas, Chris*
Christensen, Barbara
Christensen, Darrell
Christensen, Ivan
Christensen, Ken
Christensen, Margaret
Christensen, Ted
Cliften, Elaine
Cliften, Robert
Close, Tom*
Cook, Dee
Cook, George
Cook, Harvey
Cook, Jennie
Cook, LaRae
Cook, Lyman H.
Corey, Dean
Corey, Fae
Costley, Elsie
Costley, Paul
Cowell, Florence
Crook, Carlene
Crook, Lane
Daley, Kenneth*
Daley, Thora
Dall, Kathie*
Davidson, Donna
Davidson, Kathy
Davidson, Marland L.
DeVries, Norm
Donaldson, Betty M.
Donaldson, David
East, Ava M.
East, Donald
East, Jimmy K.
Eddy, Beverly
Eddy, Max
Ellis, Carole
Ellis, Diana
Ellis, Donald B.
Ellis, Glen
Ellis, Janet
Ellis, Lynn
Ellis, Ray
England, Boyce
England, Chester R. (1896–1989)
England, Hildor (1896–1983)
England, Marvel S.
England, Maude K. (1897–1982)
England, Merlin
England, Mona
England, Orel W.
Eskelson, David Lon
Etherington, John E.
Etherington, Nelda
Fisher, Dorothy K.
Fisher, Robert W.
Folkman, Andrea
Folkman, Carl
Folkman, Clair
Folkman, Clara
Folkman, Cliff
Folkman, Jim
Folkman, LeRoy
Folkman, Norma
Folkman, Robert L.
Folkman, Viola
Foremaster, Bonne*
Foremaster, Pete
Fuller, Mary Lynn
Fuller, Rex
Fuhriman, Viola
Gallegos, Edith
Gee, Vilate
Giles, Lewis
Giles, Lucille
Grieve, Claramae
Grieve, Paul
Haas, Julie
Hadley, Barbara
Hadley, Connie
Hadley, Devaine
Hadley, Doug
Hadley, Gordon
Hadley, Howard
Hadley, Janet
Hadley, Karma W.*
Hadley, LaVirra*
Hadley, Lenora
Hadley, Mary Fee*
Hamp, Beth
Hansen, Gaylen G.
Hansen, Loren M.
Hansen, Nancy
Havseler/Tesseder, Christine*
Haws, Arlene
Haws, Darwin C.
Haws, Varnell
Heslop, Roxey R.
Higley, Shirley
Higley, Willard J.
Hill, Gary
Hill, Kae
Hipwell, Elmer
Hipwell, Joanne
Hipwell, Rosetta
Hobson, Connie
Hobson, Jack
Hodson, Delbert
Hodson, Lyle M.
Hodson, Mr. Ivan
Hodson, Ms. Ivan
Holmes, Doug
Holmes, Joanne
Hori, Nancy
Hori, Sam
Howard, Virgie
Howell, Kent*
Howell, Peggy J.
Hunt, Jan
Hurst, Vick*
Imlay, Nancy
Imlay, Terrence
Jackson, David W.
Jackson, George
Jackson, Mrs. George
Jackson, Mrs. Keith
Jackson, Keith
Jenkins, Ellen W.
Jenkins, Genevieve
Jenkins, Joan
Jenkins, JoAnn
Jenkins, Joyce
Jenkins, Quentin M.
Jenkins, Ronald
Jensen, Blaine R.
Jensen, Joyce
Jensen, June B.*
Jensen, Kit O.
Johansen, Barry L.
Johansen, Carol
Johnson, Judy B.
Johnson, Randy
Johnson, Rex L.
Jolly, Grace
Jolly, L.M.*
Jones, Kathy
Jones, Robert
Kapp, Clara Jean
Kapp, Leon
Kawa, Grant D.
Kelley, Bertha
Kelley, Gail
Kelley, Jesse R.
Kelley, Leona
Kennedy, Hazel
Kishimoto, Lorn
Knight, Argus*
Knight, Arson*
Knight, Cherrill (1931–2021)
Knight, Thayne E. (1931–2018)
Lakey, Dixie
Lakey, Tom
Large, Fred*
Large, Kay*
Larkin, Wade R.
Laub, William R.
Lord, Clarendon “Gene” (1929–2015)
Lord, Cline
Lund, Elizabeth
Lund, Eugene
Lund, Keith
Lund, Pearl
Mace, Rieths*
Mahoney, Kathryn
Mahnke, Eugene
Mahnke, Laura
Maw, Abram E.
Maw, Floy A.
Maw, Karen
Maw, Monna B.
Maw, Norma Jean
Maw, R. John
McFarland, Fenton
McMillan, Nola L.*
McMillan, Thomas A.*
Merrill, Paul O.*
Mikkelsen, Leo
Mikkelsen, Renee
Miller, Clarence
Miller, Ranae
Miller, Thomas A.
Miller, Veda L.
Moyes, Beverly
Moyes, Dale L.
Moyes, Edna
Moyes, Elaine
Moyes, Elbert
Moyes, Fentis*
Moyes, Ivan
Moyes, Juanita
Moyes, Kay H.
Moyes, LuJean
Moyes, Lynn V.
Moyes, Mable
Moyes, Orin
Moyes, Vernal
Nash, Augusta R.
Neff, Mr. Wayne
Neff, Ms. Wayne
North, Janet
North, Rick
Olofson, Mary L.
Olofson, Robert L.
Olsen, Ian*
Olsen, Mary
Olsen, Ron
Olsen, Yvonne
Orton, Gordon C. (1924–2008)
Orton, Leone
Overman, Curt
Painter, Cleo
Painter, Lee
Palmer, Douglas
Palmer, Lawrence
Palmer, Susanne
Palmer, Thelma H.
Palmer, Vern
Palmer, Viola (1908–2009)
Post, Bessie
Post, Judy O.
Poulsen, Bernard
Poulsen, Nora
Rasmussen, Don J.
Rasmussen, MaryLynn
Reese, J.D.
Rhead, Bonnie
Rhead, Steve
Rhead, Theron
Rhead, Vivian
Ritz, Mark
Robins, Jay*
Robins, Mildred
Robson, Amy
Roddomy, Ronald*
Rogers, Dennis O.
Rogers, Shareen
Roper, Mr. Rodney
Roper, Mrs. Rodney
Ross, Gladys (1921–2004) — organizer
Ross, Harold
Ross, Milo James (1921–2014) — organizer
Ross, Paul M.
Ross, Vicki (1945–2018)
Russell, Joe
Russell, Shirley
Sargent, Evona
Sargent, Kent
Saunders, Carl R.
Searcy, Hazel
Searcy, Kenneth J.
Seegmiller, Dale
Seegmiller, Marie F.
Sharp, Florence
Sharp, Laurel
Sharp, W.A.
Shaw, Jerrell B.
Shaw, Phyllis
Simpson, Archie W.*
Simpson, Florence
Singleton, Elmer (1918–1996)
Singleton, Elsie (–1988)
Singleton, VaCona
Skeen, Archie
Skeen, Charles
Skeen, Dick
Skeen, Lorraine
Skeen, Luella
Skeen, Wayne
Smith, LaWanna R.
Smith, Vernon J.
Sneddon, Dennis
Sorensen, Gordon A.
Sorensen, Karma
Sparks, Mildred
Stagge, Floyd
Stagge, Myrle
Statler, Lynda
Statler, Richard
Stevens, Debra
Stevens, Gwen C.
Stevens, John W.
Tafoya, Arthur
Tafoya, Via
Taylor, Alice
Taylor, Annette
Taylor, Call
Taylor, Clare
Taylor, Edna
Taylor, Elma
Taylor, Elvin L. (1920–2004)
Taylor, Elizabeth
Taylor, Fern
Taylor, Frances
Taylor, Gerald J.*
Taylor, Grant
Taylor, Idona Maw
Taylor, Jr.*
Taylor, Kathlene
Taylor, Kathy
Taylor, Ralph A.
Taylor, Rodney
Taylor, Rolla H.
Taylor, Ross M.
Taylor, Sheri
Taylor, Val
Taylor, Valoy (1932–2024)
Tesseder, Doug*
Thomas, Duane F.
Thompson, Gordon
Thompson, Lavina
Thompson, Margaret
Thompson, Marvel
Thompson, Merrvin*
Tippetts, Larry*
Truscott, L.C.
Truscott, LaVona
Valdez, Evelyn
Valdez, Raymond J.
Van Meeteren, Beth
Van Meeteren, Frank
Van Meeteren, Jean
Van Meeteren, Ron
Van Workom, Joyce*
Vaughn, Bert
Vaughn, Renee
Wakefield, Marilyn
Walton, Neale
Walton, Rhea
Weatherstone, Lorraine
West, George C.
West, Lillian
Westbrook, Herman
Weston, Becky
Weston, Brent
Weston, Eldon
Weston, Fae
Weston, Jae H.
Williams, Arnold A.
Williams, Charlotte
Williams, Delbert
Williams, F. LeRoy
Williams, Karen A.
Williams, Nadiene
Winder, Jane
Winder, Wayne
Wright, Norma

by

Ross Leslie Andra

Ross Andra as a small boy – 1940s

Ross Leslie Andra, my great-uncle, died on 20 June 2024 in Salt Lake City, Utah. He was 87 years old. He was one of the younger brothers of my Grandma, Colleen Mary Andra. Some family figures cast long shadows, Ross was one of those characters.

On 29 June 2024, the Cannon Ninth Ward meetinghouse on West 1400 South in Salt Lake City filled with people who had been touched by him. Some had worked alongside. Some had received a knock at the door late in the evening. Some simply remembered the jokes. Before Bishop Ted Maxwell called the meeting to order, it was clear that a certain kind of man had died — the kind the eulogists kept calling, with unfeigned sincerity, bigger than life.

I have shared many posts regarding the Andra family. Many of those that reference Ross are listed below, but many more deal with the broader Andra family. This post attempts to bring some of that documentation together as a tribute.

The Family

William and Golden in back, Sergene, Millie, Colleen, June standing, Donald, Larry, Bill, Dale, Mary, and Ross sitting.

The world Ross was born into had been built across two continents and three generations. His grandfather Friedrich Theodor Andra had been born in Rosswein, Saxony in 1867 and died in Meissen in 1902, when Ross’s father Bill was just four years old. Bill’s mother, Christiana Wilhelmina Knauke, brought the family to America. Bill arrived alone in May 1909 — at eleven years old you paid reduced passage; at twelve, full price — and went first to Fairview, Utah, then to Preston, Idaho, where a former missionary named George Wanner had helped convert the family in Germany. Bill worked the Wanner farm for seven years, at $18 a month rising to $30, milking twenty-four cows, doing any work he could get. He married George’s daughter, Mary Louise Wanner, in the Salt Lake Temple on 10 March 1920. Christiana Knauke Andra — Ross’s grandmother — lived until Christmas Day 1957 in Salt Lake City. She was still alive when Ross stepped onto the plane for missionary service in Brazil.

Mary Louise was equally remarkable. She had nursed flu victims during the 1918 epidemic, nearly became a professional jockey at the Logan County Fair, outran all the girls and most of the boys at school in Preston. She and Bill built their life in Depression-era conditions — $1,000 principal and $500 interest on the farm, with Bill digging basements and hauling gravel and taking sugar beets to the factory at $4 a ton to make the payments. Mary’s autobiography, written in November 1961, records it without complaint: “With the Lord’s help and a good wife and children, we paid for the farm.” Her garden in Preston was massive — flowers surrounding it, vegetables in rows — and beautiful enough that even a nine-year-old boy visiting with his grandmother noticed and remembered. Ross spent the rest of his life planting tomatoes wherever he could find a plot of dirt. He was his mother’s son.

Twelve children were born to Bill and Mary between 1920 and 1943. Two died young — Robert Lee on his first day in 1934, Dennis Willard in January 1945, four days after his third birthday, of an earache in the night. The ten who survived grew up in close quarters on the Preston farm, with the pranks you would expect from six boys and four sisters sharing a household. Ross and his brothers once tied a cow to their math teacher’s front door.

Don, Ross, Bill, Dale, and Larry Andra, Preston, Idaho – 1950s

23 January 1957

Ross Andra, Preston High T-shirt, backyard

Ross graduated from Preston High School in 1955. He spent two years at Utah State Agriculture College, then headed east with his brothers Donald and Golden to work construction on the St. Lawrence Seaway project in Massena, New York. Golden was a general foreman on the Eisenhower Lock — photographed in the project’s official records, named in the local newspaper. Donald met and married a woman in Hogansburg, New York. Ross told me stories about New York, though I cannot remember enough of them to share now. What I know is that the three brothers were there together, Idaho farm boys pouring concrete on one of the great infrastructure projects of the Eisenhower era, on the St. Lawrence River in the far north of New York State.

Then Ross came home and left again — this time for Brazil.

Ross Andra Missionary Farewell Program – 30 December 1956.

The missionary farewell program for Elder Ross Leslie Andra is dated Sunday, 30 December 1956, Preston First Ward Chapel, 7:30 p.m. The opening hymn was “I’ll Go Where You Want Me to Go.” His brother William Jr. — who had himself served in Mexico from 1941 to 1943, the first of the Andra brothers to go — spoke at the service. His brother Donald gave the benediction. Ross made his own remarks. Bishop W. Dean Palmer closed. The program reads: Elder Ross Leslie Andra leaves for Brazilian Mission, January 23, 1957.

I remember Ross telling a story. He had just returned home from his mission in Brazil and was sitting on the stand at Stake Conference with other returned missionaries. Apostle Joseph Fielding Smith was speaking at the pulpit. Elder Smith was speaking about being strictly honest with your fellow man. Elder Smith related a story that told of a guy who admitted to Elder Smith that he was not as honest as he should be. The irony of a man honestly confessing his inability to be honest struck a nerve with Ross. He got the giggles. Apparently he looked at someone else who also found the irony humorous and the laughter broke out and spread. Apparently Elder Smith turned around to look at them with a very unfavorable look. It only added to the giggles. Ross admitted it might have been his Brazilian sense of humor. He laughed even as he told me about the story.

Four years later — on 9 October 1960 — Ross stood at that same Preston First Ward pulpit as his farewell and spoke at the farewell for his younger brother Dale, who was leaving for the Western States Mission. The brothers sent each other off, one by one, into the world.

Ross served in Brazil from 1957 to 1959. He came home, enrolled at Brigham Young University, studied political science, speech education, and Portuguese, graduated with a Bachelor of Arts in 1964. But the most important thing that happened in Brazil was Adelaide.

Feliz Natal

Angela and Blas Gonzalez, Adelaide’s parents
Adelaide Gonzalez Carrenho, Brazil

Adelaide Gonzalez Carrenho — the daughter of Angela and Blas Gonzalez of Brazil — was a young woman of dark eyes and composed beauty when Ross encountered her. I seem to recall that he said they met on a trip back to Brazil after his mission. After he returned to BYU; they kept in contact across the distance. On 14 June 1963, in the Logan Utah Temple they were joined in the holy bonds of matrimony for time and for all eternity. The witnesses on the marriage certificate are William F. Andra Sr. and Dale Andra — Bill and Dale, father and brother, standing at the altar the day Ross married his Brazilian bride. A missionary friend named Phyllis Merrill, who had served in Brazil and become one of Adelaide’s closest friends, spent the wedding day interpreting for Adelaide as she went through the Logan Temple for the first time. (The wedding photograph, with full identification of those present, is available here. The marriage certificate is here.)

Ross & Adelaide Andra 1965 Christmas Card

That Christmas, Ross and Adelaide sent their wedding photograph to friends in Brazil as a holiday card.

His daughter Brenda captured it simply at the funeral: Ross had “a deep love for Brazil, its people and culture, and especially for his little Brazilian bride.” That love never left him. In his later years, when health prevented the overseas return mission he and Adelaide had always wanted, they served as local service missionaries to the Portuguese- and Spanish-speaking wards of the Salt Lake Valley, driving all around visiting families, making sure they had what they needed.

Ross and Adelaide Andra, SLC home, October 2022

The Working Life

Ross, Adelaide, Brenda Andra – August 1967

The career of Ross Andra resists a single title. High school teacher. Coach. Candyman. Small business owner. Appliance installer. Furniture mover. UPS driver. Medical courier. He was, as his friend Frederick Johnson insisted at the funeral, an entrepreneur — a man who believed in the American dream and in hard work and gumption as its instruments.

As the Candyman, he kept the vending machines stocked in his eldest daughter’s school teachers’ lounge, and he would sometimes appear at recess to distribute candy on the playground, which made Brenda quite popular with her classmates. As a business owner, he often took his son Carlos along to deliver and install appliances and move furniture, with the result that Carlos learned to load a truck with the systematic precision of a Tetris puzzle. He gave his youngest daughter Denise a tutorial in personal finance when she was struggling with debt; she paid everything off.

UPS company newsletter Big Idea, April 1976, Ross Andra is named as one of the drivers who helped get to 1,000 safe driving days
Ross Andra makes comments during breakfast held for drivers at Sambos

The April 1976 edition of the UPS company newsletter Big Idea photographed the Park City, Utah center — first in Utah to reach 1,000 safe driving days — and named Ross Andra in the front row. A separate photograph from the same period shows him standing at a drivers’ breakfast, mid-comment, captioned: “Driver Ross Andra makes comments during breakfast held for drivers at Sambos.” He drove a fully loaded truck the way most people drive a compact car, weaving through traffic with an ease that still astonished Frederick Johnson decades later. Before GPS, he had the entire I-15 corridor memorized. He was the GPS. In his later years, until age 84, he delivered blood and vital organs to medical facilities across Utah, Idaho, and Wyoming. He made people laugh the whole way.

Ross and Adelaide Andra

Ross the Boss

Judy, Dale, Mary, Bill, and Ross Andra, September 1962

Frederick Johnson — known as Freddy, or Frederico — spoke at the funeral. His father Ranley had worked weekends with Ross for years delivering and installing appliances, and when Frederico turned sixteen the interview for joining the operation was brief. “Frederico, you’re sixteen, right?” “Yeah, I’ll be sixteen at the end of —” “Frederico, you’re sixteen.” “Yes.” That was the interview.

Working with Ross, Johnson said, was better than television, even when it was miserable hard labor. His father would come home Saturdays with tears rolling down his face from laughing. The phone would ring — Ross, calling to debrief, mostly to replay the jokes that were played during the day.

Ross was a virtuoso practical joker. He favored ice dropped down the back of your shirt on hot summer deliveries. He perfected the screwdriver dropped at precisely the moment a man was bent double lifting something heavy. For years he carried a novelty ID with Elvis Presley’s photograph and produced it whenever anyone asked for identification — cashier, security guard, TSA agent. “That’s what drugs will do to you.” He once deployed it at a Salt Lake airport checkpoint around September 11th while escorting Johnson to his gate. Johnson nearly missed his plane.

But the parrot story is the finest. Ross’s family had long laughed about his famous account of being called back to the farmhouse by his mother — or so he thought — only to find a chicken calling his name. That story about a chicken that was loud enough and gave a distinct “Rawwwsss” more than once was confused for his mother calling for him. One afternoon, Johnson’s father came home from a delivery unable to speak from laughter. They had delivered a washer and dryer to an elderly woman’s home. Ross was in the basement doing the hookup. There was a parrot. Ross called up the stairs: “Is there a drain down here? We need to drain a little water.” The parrot said: What? Ross tried again. What? Is there a hole where the water goes? What? Ranley, upstairs, was quietly disintegrating and trying to hold in the laughter. Ross, red-faced and fully irritated, eventually came upstairs. When he saw Ranley’s face, he understood he had been duped by a parrot. Ranley laughed about it the whole rest of the day. The story became one of lore.

“It was rare,” Johnson said, “to get one on Ross. He always had the drop on you.” The parrot did it magnificently.

For all his irreverence — and Johnson named it plainly — there was something untouched by it. Ross never swore. He had code words and nicknames. But when it came to his faith and his testimony, Ross was always reverent. Bishop Maxwell put it simply at the close: Ross loved the scriptures. He loved the word of God. He loved Jesus Christ. And he brought that light into everything he did.

The Mission Couple

Ross and Adelaide Andra

Clay Celestino, who served as bishop of the Mountain Shadows Ward, offered a different angle. The Brazilian immigrant wards of Salt Lake City in the early 2010s were large and underserved — hundreds of families struggling with injury, poverty, paperwork, language. The Andras came as service missionaries between 2009 and 2015, and Celestino said plainly they were indispensable.

He remembered a specific night: 22 January 2013, 12:19 a.m. He sent an email. Eight minutes later, Ross replied: “Hi, Bishop. That’s no abuse at all to ask for the things you’re asking. That is the reason why we are serving a mission. We want to help our brothers and sisters the best way we can. Tomorrow I will make a few phone calls and I will provide you with the information you need.”

The list of those they helped, Celestino said, went on and on. And then, at nine in the evening, talking to Ross, you would find out he still had deliveries to make for his other job.

When the Andras were transferred unexpectedly in September 2013, Celestino read at the funeral the farewell letter he had written them at the time. He had copied the entire ward leadership. He thanked Ross for allowing him, as bishop, to concentrate on other responsibilities. “For that I will be eternally grateful to you and to Heavenly Father.” He asked them not to forget the ward. “We will not forget you.”

The Brothers

Bill, Ross, Mary, Dale, Larry Andra – late 1950s

Larry Andra — the last of the twelve, the youngest surviving child of Bill and Mary — gave the family prayer before the service and spoke as one of the main eulogists. He described the family with the dry affection of a man who has lived long enough to be the last one telling the stories.

William Jr. went first among the siblings, in 1992. Then June and Colleen in 1999, Golden in 2004, Sergene in 2013, Donald in 2016, Dale in 2021. At Dale’s funeral in August 2021 — three years before Ross’ — Ross was listed among the honorary pallbearers. By the time Ross died in June 2024, of the twelve children of Bill and Mary Andra, only Larry remained.

Dale’s funeral was held during the week of the annual Andra reunion. Larry noted that was Ross’s last reunion here on Earth. The reunions had been going since the children were young — Preston Fairgrounds, Logan Park, Lava Hot Springs, Wolcott Park by the Minidoka Dam, Richmond City Park, Riverdale, then wherever families could gather. I remember Bill Andra at those reunions. I remember the sly look that sometimes crossed Bill Andra’s face when he was about to tease someone. Ross had inherited that look too. You knew when a tease, joke, or prank was coming by the look on his face.

2010 Reunion: Ross, Donald, Larry, Sergene, Neil Anderson – 2010 Andra Reunion

The Close

I snapped this picture of Ross the last time I visited him, 23 December 2023 at his home.

Bishop Ted Maxwell had only known Ross since the COVID years. What he had seen was enough. In the final months, when Ross could no longer come to church, he called the bishop after every sacrament meeting to report on how it had gone and offer observations. The calls grew shorter, then stopped. Maxwell told himself at first that Ross must be doing better. He knew eventually that wasn’t it.

What Maxwell said at the close was simple and accurate: everyone in that congregation had either been served by Ross or served with him, because that was what his life was. Service. Whether bringing joy or bringing the gospel — it was the same motion, from the same source.

In December 2023, six months before he died, I visited Ross at home. He was lying in bed, largely unable to rise. At one point he reached up and lifted a framed composite portrait — all twelve Andra children, the photograph that had defined the family across seven decades of reunions — and held it up toward the light, pointing at the faces one by one. He knew every one of them.

April 2024, rehabilitation with granddaughter Onyx, after fighting infection – still Ross!

In April 2024, in a rehabilitation facility after fighting an infection, Ross raised both arms in a victory pose for Onyx beside him doing the same. Frederick Johnson had sworn he had only seen Ross lying down twice — that April and on his deathbed. Ross never stopped moving. He never stopped working. He never stopped bringing the light out.

On 20 June 2024, Ross Leslie Andra died peacefully in his Salt Lake City home with his wife Adelaide, his daughter Brenda, and his son Carlos at his side.

The funeral closed with “How Great Thou Art,” sung by Sister Annie Löwenthal. Then the pallbearers — Carlos Andra, Paul Ross, Larry Andra, Frederick Johnson, Tim Andra, Felipe Johnson, and Aron Hsiao — came to the front. The congregation rose. Ross Leslie Andra was carried out into the June light toward Valley View Memorial Park in West Valley City, Utah.

Frederick Johnson, who had lost his own father just two months before, had a last message. “Ross the Boss,” he said, “your life mattered a great deal to us and to me. You will not be forgotten. We’ll keep telling the jokes and passing them on.” Then, more quietly: “Say hi to Dad for me, Ross. Tell him we miss him too.”

Pallbearers at Valley View Memorial Park, West Valley City, Utah 29 June 2024. Brandon Porter, Paul Ross, Tim Andra, Carlos Andra, Felipe Johnson, Fredrick Johnson, Aron Hsiao

Ross is survived by his wife, Adelaide; his daughter Brenda (Layton) Wagner; his son Carlos (Melanie) Andra; his daughter Denise Andra; his grandson Brandon (Danika) Porter; his granddaughter Onyx Andra; his great-grandchildren Tilia, Zeke, and Sevi Porter; and his brother Larry (Barbara) Andra.

The full funeral service for Ross Leslie Andra, held 29 June 2024 at the Cannon Ninth Ward in Salt Lake City, was livestreamed and remains available to view at https://www.youtube.com/watch?v=y1qDOIbls5Q.

Sagacity posts referenced in this article: Ross & Adelaide Andra Wedding · Andra Marriage Certificate · William Fredrick Andra Autobiography · Mary Louise Wanner Andra Autobiography · Donald Wanner Andra · William Fredrick Andra Jr · Sergene Andra Sorenson Jensen · Robert Lee and Dennis Willard Andra · Memories of Great Grandpa and Grandma Andra · 1976 Andra Reunion · Eisenhower Lock · Dapper Dan · Andra Family Photos

Funeral Service Transcript

Ross Leslie Andra

2 December 1936 – 20 June 2024

29 June 2024, 11:00 AM MDT

LDS Church, Cannon 9th Ward (Glendale Ward)

1250 W 1400 S, Salt Lake City, Utah 84104

Note: This transcript was generated from auto-captions and has been edited for readability. Musical interludes, unintelligible passages, and pre-service ambient audio have been omitted or noted. Speaker attributions are based on self-introduction within the service.

Opening of Service

Conducting — Bishop Ted Maxwell

You may be seated. Welcome, everyone, this morning to the funeral for Ross Andra. My name is Ted Maxwell; I’m the bishop of the Cannon Ninth Ward, where the Andras have been living. I’ll be conducting today. On the stand we have President Ingersol from our stake, who is presiding. We’re so grateful to have you all here on this fine, wonderful morning to celebrate the life of Ross Leslie Andra.

We will begin by singing ‘I Believe in Christ,’ Hymn Number 134. Our pianist will be Arlene Lenthal, and the chorister will be Anda, an in-law. After which we will have an invocation by Carlos Andra, Ross’s son.

[Congregation sings “I Believe in Christ,” Hymn No. 134]

Invocation

Carlos Andra (son of Ross Andra)

Let’s bow our heads.

Our Father in Heaven, this morning we open the service with your words: “And the Lord God formed man from the dust of the ground and breathed into his nostrils the breath of life; man became a living being.”

You formed a man, and his name was Ross Leslie Andra. We thank you, Father, that we can all be here gathered together. We invite your Holy Spirit into this place in which we reflect and honor the life of my earthly father, Ross.

I ask you, Holy Spirit, to stir in the hearts of each person taking time out of the breath of their lives to come reflect and remember the impact that was made by you through this husband, father, brother, uncle, cousin, and friend.

Yea, though we walk through the valley of the shadow of death, we will fear no evil, for you are with us; your rod and your staff, they comfort us. You are Holy God; you are so loving. We love you and we thank you for your presence. We dedicate this time to let your Holy Spirit direct our time together to honor your servant, Ross Leslie Andra. In Jesus’ name, amen.

Amen.

Order of Service — Announced by Bishop Maxwell

We will begin the service with a musical number titled “My Testimony,” which will be performed by Sister Bastos and Arlene Lenthal. After which we will hear from — oh, I skipped something. I’m sorry, let’s back up. We’ll start by hearing the obituary read by Brenda Wagner, who is Ross’s daughter. After which we’ll hear from Larry Andra, who was Ross’s brother. Then we will have a musical number, “My Testimony,” performed by Sister Bastos and Arlene Lenthal, and after that we’ll hear from Frederick Johnson, who is a family friend. Closing for us will be President Clay Celestino from the Mountain Shadows Stake.

Obituary

Read by Brenda Wagner (daughter of Ross Andra)

Oh gosh — thank you so much for being here for my father and my family, my mom, everyone.

So — Ross. Now, if my eyes start watering it’s because it’s sweaty and hot outside, so that’s why.

Ross Leslie Andra, my father. At age 87, he returned to his Father in Heaven, which was on 20 June 2024. He passed with dignity and peacefully in his Salt Lake City home, with his wife Adeli, daughter Brenda, and son Carlos at his side.

Ross was born on 2 December 1936 in Preston, Idaho, to German immigrant William Frederick Andra and Mary Louise Wer— [you never know how to say that]. He grew up on a large family farm with four sisters and seven brothers.

Ross graduated from Preston High School in 1955 and then went on to attend Utah State Agriculture College — now Utah State University — for two years. Ross worked in construction with a couple of his brothers on the St. Lawrence Seaway project in Messina, New York, between February and December 1957.

He served a mission to Brazil for the Church of Jesus Christ of Latter-day Saints between 1957 and 1959, where he met his sweetheart, Adeli Gonzalez Cararu. They married in the Logan Temple on 14 June 1963. Ross had a deep love for Brazil, its people and culture, and especially for his little Brazilian bride.

After his mission to Brazil, Ross attended Brigham Young University in Provo, Utah, where he studied political science, speech education, and Portuguese. He graduated with a Bachelor of Arts from BYU in 1964 and remained one of their biggest fans right up to the end, watching games and sporting a BYU ball cap everywhere he went.

Ross instilled a strong work ethic into his children. As a servant leader, Ross served his family by example and by teaching his kids how to help Mom with household tasks. He modeled Ephesians 5:25 very well: “Husbands, love your wives, just as Christ also loved the church and gave himself for her.” Ross always made sure everyone was comfortable and that they had what they needed.

Ross loved to make people laugh, and he had a keen gift for engaging strangers with quick-witted quips. He spread many smiles and laughter across this planet.

Ross was a hard worker, and his career life spanned over various areas: from high school teacher, coach, Candyman, small business owner, appliance installer, and furniture mover to a medical career. He held unique skills and talents and applied them well throughout his life and service to others. He maintained a missionary mindset throughout his whole career.

As Candyman, Ross would fill the vending machines in the teachers’ lounge at his eldest daughter’s elementary school — me — and often he would show up during recess and pass out candy on the playground, which made his daughter Brenda — me — quite popular with her friends.

As a business owner, Ross would often take his son Carlos to work with him to deliver and install appliances and move furniture. As a result, Carlos learned to efficiently pack a moving truck like a Tetris puzzle.

Ross loved tomatoes. He would plant them anywhere he could find a plot of dirt — it could be this big, that big. His youngest daughter Denise worked hard to clear space in the backyard for a family garden so Ross could have his tomatoes.

At another point in life, when Denise found herself facing some debt, Ross sat down with her and taught her some financial principles, which she applied and was able to persevere in paying off all her debts in no time at all.

Ross was a faithful servant. With Adeli as his companion, Ross served locally as a service missionary with the Portuguese- and Spanish-speaking wards between 2009 and 2015. Together they drove all around the Salt Lake Valley visiting with families and making sure they had the resources that they needed.

Ross and Adeli had a deep desire to return to an overseas mission in Brazil, but due to health concerns they could not go. Instead they fulfilled that desire by serving the Brazilian people locally.

In his latter years, until age 84, Ross delivered blood and vital organs to various medical locations spanning Utah, Idaho, and Wyoming — and as always, he made people laugh along the way.

We kids heard many stories from Dad about growing up on the family farm — like the time he was called back to the house by his mom only to discover that it was a chicken calling out “Ross,” or the time when Ross and his brothers tied a cow to their math teacher’s front door. With multiple brothers, you can imagine the pranks that were played on and with each other.

Dad, we miss your John Wayne toughness, your Popeye strength, and your cheesy dad jokes. You were a missionary for Christ until the end. “Well done, thou good and faithful servant; thou hast been faithful over a few things, I will make thee ruler over many things; enter thou into the joy of the Lord” (Matthew 25:21). Ross has now entered the joy of his Lord.

We love you, Daddy.

Remarks

Larry Andra (brother of Ross Andra)

My name is Larry Andra. I’m the last of twelve. Ross would say, “I’m the last of the Mohicans.”

Ross was always saying to each person he had a nickname — like “teddy bear.” His kids called him Tom the Piper’s Son. And one nephew — it probably best they called him ‘Funkle’ — the funny uncle.

He lacked no jokes. He was likeable and really witty. Others said he loved to joke around with people. I always called him the numbers jokester. And I really didn’t understand when he talked to me — he knew Brazil too much; he forgot that I couldn’t understand the jokes.

Ross never did anything outside the church standards. My parents never had to worry about Ross. He had a little brother to do that.

Our father came from Germany, as mentioned before. Within a couple of months after being baptized, he came alone because he was eleven years old — at twelve you pay full price; at eleven you pay a high price. He got lost, so they came looking for him, and that’s where the twelve came in. He ended up with the missionary that baptized him going to his farm and marrying his daughter, and they had twelve children.

This week is the Andra reunion, which we’ve had — I think this is Ross’s last one here on Earth.

Death is just as important in the welfare of man as is birth. There is no greater blessing that can come than the blessing of birth. One-third of the host of heaven, because of rebellion, were denied that privilege and hence had no bodies of flesh and bone — which is the gift of God. But who would like to live forever in this world filled with pain, decay, sorrow, and tribulation — grow old and infirm and yet remain? I think all of us, if the proposition were placed before them, would not want life of that nature. We would reject it.

But death is just as important in the Plan of Salvation as birth is. We have to die. It is essential. Death comes into the world and fulfills the merciful plan of our great Creator.

Let’s talk a minute about what happens when one passes on. However painful the moment of death is physically, it is spiritually one of the most exciting and joyful moments of eternity. It’s like opening the door of a dark room — one who dies emerges into the light of the spirit world, where there will be friends and family waiting to greet him. There is no special period known to man in which they experience so much joy as when they pass through the portals of death and enter into a glorious change in the spirit world.

Death is not extinguishing the light; it is putting out the lamp — and then dawn comes.

When someone dies, it is like a beautiful lagoon. On a clear day a fine sailing ship spreads its mast and its canvas in a fresh morning breeze on the deep blue, and gradually we see her grow smaller and smaller as she nears the horizon and someone says, “There she goes — gone.” But you can be sure that on the other shore someone says, “There she comes!”

While we’re mourning the loss of Ross, others are rejoicing to meet him behind the veil. Ross has joined Mother, Dad, June, William, Colleen, Millie, Golden, Serene, Donald, Dale, Robert, Dennis, and others.

Steve Jobs was a billionaire worth $7 billion at age 56. Lying on his deathbed sick with pancreatic cancer, he said: “All my life I have recognized wealth, but all that I had was meaningless in the face of human death. You can find someone to drive a car for you, but you cannot hire someone to carry the disease for you.”

As we get older we grow smarter and slowly realize: a watch worth $30 and a watch worth $300 both show the same time. Whether we drive a car worth $150,000 or $2,000, the road and the distance are the same; we reach the same destination. If we drink a bottle of wine worth $300 or wine worth $10, we’re still drunk.

There are five undeniable facets: Do not educate your children to be rich; educate them to be happy, so when they grow up they will know the value of things, not the price. Eat your food as medicine; otherwise you eat your medicine as food. Whoever loves you and never leaves you, even if he or she has a hundred reasons to give up, will always find one reason to hold on. There is a big difference in being human. If you want to go fast, go alone — but if you want to go far, go together.

I really believe that Ross embodied what Steve Jobs was saying here — they went together.

Albert Einstein said: “Do you realize how important you truly are? Look around — who are you influencing, motivating, teaching, or inspiring? Some of the greatest souls who have ever lived will never appear in the chronicles of history. They are the great ones who spend every day of their lives serving and doing good.” Albert Einstein also said: “Try not to become a person of success, but a person of value.”

Thank you for the service you are willing to give to your families, your friends, neighbors, and community. Every great dream begins with a dreamer; always remember you have within you the strength, the patience, and the passion to reach for the stars and change the world. You are the difference — make it happen.

[Larry then shared a story about a woman whose car was stuck in the snow in a foreign country. A man came with a mule and attempted to pull her out. Before having the mule try again, the man yelled, “Let’s go, Bob! Tom! John! Lance!” — and the mule pulled the car out. When the woman asked why he called the mule different names, the man said, “Madam, my mule is blind. I wanted him to think he wasn’t pulling the car out alone.”]

People in this congregation — Adelaide needs you next to her, pulling and pushing for her. Adelaide’s happiness will return, her former capabilities will be restored, light will replace darkness, despair will give way to hope and life and will regain its meaning — but only through service. Neighbors, friends, relatives, family, and those who are in attendance here: Bishop and Friends, Adelaide does not need to be preached to, but she needs a void filled. Bless her and be of service to her, as the Savior asks of us, and I promise you that you will be blessed. I say this in the name of Jesus Christ. Amen.

Amen.

[Musical number: “My Testimony,” performed by Sister Bastos and Arlene Lenthal]

Remarks

Frederick Johnson (family friend)

My name is Frederick Johnson — Todd Elijah. I’m known as Freddy; the full version is Frederico.

Like many, the summer I turned 16 I got my first job, and it was delivering household appliances with “the Boss.” The interview went something like this: “Frederico, you’re 16, right?” And I said, “Oh yeah, I’ll be 16 at the end of —” “Frederico, you’re 16.” “Yes.” And that was my interview. But admittedly it was essentially nepotism.

As long as I could remember, my dad — Ranley Johnson — had been moonlighting on weekends with Ross. As far as I’m concerned, they were the first and only two men in a truck there ever were.

Ross, like my father, had served a mission in Brazil and married a Brazilian. In the ‘80s, all these mixed families — nowadays the church and the Brazilian community in the Salt Lake Valley has become tremendous. But when I was a little child, and when Carlos and Brenda and their little sister Denise were young, we all kind of knew each other more or less. At conference time we went to reunions together. The connection goes back even further than that — about a decade before my mother first came to the United States. My mother, Louisa Coa Johnson, came to the US in the 1970s. Adeli had served in the tiny branch of Beloni, Brazil, where my mother, my aunt, and grandmother were new converts to the church. So as I say, it was basically nepotism.

I swear, Ross the Boss Andra was the strongest man I ever knew. Thirty years my senior, he had more stamina and strength in his late fifties than I could muster at his side as a six-foot-one man in my prime. He was compact and he looked powerful to me. He not only looked and sounded like Popeye — he even talked like Popeye. Except instead of eating spinach, I think where he got his strength was from eating tomatoes.

Ross’s strength was legendary. In fact, Ross wasn’t only strong — he was an irresistible force. My dad told stories of seeing Ross pick up a Ford Pinto by its bumper to make room for the truck to pass. And I don’t doubt it.

Now, Ross, when I knew him, could sometimes come across as a little unsophisticated. But anyone who knew Ross at all knew that to dismiss Ross the Boss as a blue-collar East Idaho farm-boy country bumpkin was making a grave mistake. Ross was intelligent, well-traveled, and educated, and he did not suffer fools or foolishness.

When I was still a teenager, we were working, delivering appliances. There was another man who worked with Ross who was actually a bit more unsophisticated — I wonder if Carlos remembers Joe Yanger. The way I remember the guy: he was big and coarse, had bad Marine Corps tattoos on his arms, and talked kind of low. I couldn’t understand a word he said except swear words. He was strong as an ox and probably about as sophisticated as one, if you take my meaning.

Anyway, one day Ross tells me: “Joe Yanger got hurt.” “What happened, Ross?” “I dropped a piano on his head.” They were moving a piano, and Joe was at one end coming down the ramp. Ross said, “Joe, are you ready?” Well, Ross didn’t know if he was ready or not — so he let go of the piano. Joe Yanger ended up with some stitches in the back of his head. I don’t think it made any difference to how Joe Yanger spoke or how well Ross could understand him.

Also, I want to emphasize — and if you get a chance, read again the beautiful obituary that Ross’s family put together — Ross was not a blue-collar guy with a truck, and he certainly did not see himself that way. Ross Andra was an entrepreneur. He firmly believed in the American dream, in hard work and gumption as the way to get ahead, and that’s what he did — whether it was filling candy machines, moving vending machines, delivering appliances, or contracting his truck out as a mover. Ross believed he was an entrepreneur, and he was.

In a world where hard work and gumption were enough, Ross would have been a financially wealthy man many times over, because I also don’t know anyone who worked as hard as Ross. That’s why most of my memories are from working with him — or working with my dad and Ross the Boss — because he was always working. In fact, I swear I’ve only seen Ross lying down twice: the first time was in April, when he was in rehab after fighting an infection, and the second time was on his deathbed. Ross never stopped moving and never stopped working, and he had lots of gumption.

Now, the work that we did with Ross was, as you can imagine, physical — hard work. But Dad would come home laughing. There was always this interesting other thing about working with Ross the Boss: there would be some kind of debriefing. He’d wait long enough for you to get home, the phone would ring, and he would call — mostly I think to go over the jokes he had played on you and laugh about them again.

My memory of even Dad working with Ross is Dad coming home, the phone ringing, and then Dad laughing. Or Dad coming home — I even remember him opening the door with tears rolling down his eyes, just couldn’t stop laughing. When I worked with both of them, it was better than television, because my dad was a wise guy in his own way and the two of them together could be very entertaining.

My mom even thought: “This isn’t fair — I’m home with the kids every Saturday and you’re off having fun with Ross.” But it was hard work, and with anyone else it would have been miserable. We enjoyed working with Ross, and we all worked with Ross. My brother Felipe worked with Ross; my friend Giorgino Brown, another one of these families that’s half American, half Brazilian here in Utah; my cousin visiting one summer from New York worked with Ross one day — and Ross made an impression on everybody. It was fun, even though it was miserable hard work.

A lot of this is because Ross was a virtuoso practical joker. One of his favorite things — if we were working in the summertime — was to drop ice down your shirt. Even worse than that: when we did deliveries we had shirts that said “DPEC” on them — short for Delivery Specialist, which made it sound kind of exciting and sexy. They always seemed like they were a size too small or too short, so Ross had a knack — one of his favorite things was to take advantage of you when you were bending down picking up something really heavy and that shirt rode up. Without saying a word, Ross would just drop a screwdriver down there right when you were really going. He would just chuckle. And of course at the end of the day he’d call and say, “Hey, do you remember when I dropped that? That was good.”

For years he had a novelty ID with Elvis Presley’s picture on it, and anytime someone asked him for his ID he’d show that — it didn’t matter who they were. They’d look at it and go, “Huh?” And he’d say, “That’s what drugs will do to you.”

One time, around September 11th — I was living in New York, but every time I’d come back to town Ross would say, “Frederico, do you want to go to work?” I’d work with them even for just one day. This time he offered to take me to the airport, because Ross was always on the road — always driving a truck, delivering furniture, delivering appliances, or delivering medical equipment. So he was happy to go. We go up, and I was the one who needed to show my ID. Ross comes up, already ready, and this TSA agent — some people go, “Huh? What? You already — what drugs will do to you.” And here I am thinking, ‘Oh no. I’m not going to make my flight. They’re going to take me to the back and interrogate me.’ That was one time where the person didn’t even blink. Ross would say something like, “I’m better looking now, aren’t I?”

It was rare to get one up on Ross — he always had the drop on you. But here’s one of the most famous stories: the parrot story.

[Freddy describes the chicken story from the obituary — the time on the farm when Ross thought his mom was calling him, only to find a chicken mimicking her voice. One day, while delivering a washer and dryer to a customer’s home, Ross was working in the basement and noticed a parrot. Ross called up the stairs, “Is there a drain down here? We need to drain a little water.” The parrot replied, “What?” Ross, thinking it was the elderly owner upstairs, kept asking. Each time — “Is there a hole in the ground where the water drains?” — the parrot answered, “What?” Freddy’s father, upstairs, realized what was happening and nearly collapsed laughing. When Ross finally came up and figured it out, Freddy’s dad laughed about it the whole rest of the day. Freddy’s father had been waiting for years to get something on Ross, and the parrot delivered it.]

Ross could move a fully loaded truck like it was a subcompact car — weaving in and out of traffic. Before GPS existed, he knew the entire I-15 corridor in Utah. He was the GPS.

Ross could sometimes seem a bit irreverent — he had code words, let’s say. Ross never swore, but he might include swear words in code names and nicknames he gave to things. But when it came to his faith, his belief, and his testimony of the church, Ross was always reverent. He wasn’t serious all the time — he was still joking — but Ross was reverent, and I always knew that.

I can say honestly that Ross was a big part of my entire life. Even when I’ve lived out of state for most of the last thirty years, he would call me every once in a while to check on me. I began to worry about a year ago when the phone calls started getting shorter — because normally I’d set aside 45 minutes or an hour, because we’d have to retell all the stories about every time he dropped a screwdriver down — anyway. He’d say, “Remember when I did that, and then your dad did this.”

I just want to finish by saying — and if I do get a little emotional, it’s not because it’s hot; it’s because I’m kind of that way — Ross, to me, always was and will be bigger than life. Ross the Boss, I want to say to you that your life mattered a great deal to us and to me. I love you and your family, and how close our families have been. Your life mattered, and you will not be forgotten. You will be with us and within us, and we’ll keep telling the jokes and passing them on. We love you and we bid you farewell — but only until we meet again.

My own dad preceded Ross to the great beyond just a couple of months ago. So I personally have to say: say hi to Dad for me, Ross. Tell him we miss him too, and that we love him. Thank you.

Remarks

President Clay Celestino (former Bishop, Mountain Shadows Ward)

Brothers and sisters, my name is Clay Celestino. I served as a bishop in the Mountain Shadows Ward at the time the Andras — that’s how we pronounce their name in Portuguese, and that’s how I’m going to refer to them — were serving in our ward. On behalf of all the Brazilians — mostly Brazilians — who were part of the Winter Ward branch and the Mountain Shadows Ward, I wanted to express our deepest gratitude to this couple.

The first thing anyone would see when they met them was that big smile, and sometimes a joke. It was not hard to love them. Truly, their lives represented the love of our Savior Jesus Christ to us. With hundreds of immigrants from Brazil, the Andras represented arms of salvation, of service — hearts that were willing to bring consolation in times of distress. They were deeply engaged in serving their neighbors because of their love for our Heavenly Father and their genuine love towards anyone around them.

As bishops, we had hundreds of active members coming to our meetings every Sunday, and there was a great need for members who could assist us in lightening the burdens of those Brazilian immigrants. At any time that I needed help, the Andras were there.

I remember one day — I even have the date here — it was 22 January 2013. I sent a quick email to the Andras at 12:19 a.m., past midnight. Eight minutes later, I got a response. I didn’t want to abuse their goodwill and their desire to help others, but this is the response I got:

“Hi, Bishop. That’s no abuse at all to ask for the things you’re asking. That is the reason why we are serving a mission. We want to help our brothers and sisters the best way we can. Tomorrow I will make a few phone calls and I will provide you with the information you need.”

There were people who were unable to work because they were injured and needed help to find a doctor. There were young men who needed their dental and medical paperwork taken care of so they could submit their papers to go on a mission. There were people who needed resources from the community because they were unable to provide for themselves — people transitioning from another culture and trying to get established in this country — and they were assisted by the Andras. The list goes on and on.

And then at 9:00 p.m., talking to Ross, you would find out that he would still have to run some errands, make some deliveries, because of his other side job.

We don’t have much time, but I just wanted to express our deepest gratitude to Brother Andra. When we got the news that they were going to be transferred from our ward — initially we thought they were concluding their mission in November of 2013 — and then in September, two months prior to that date, we were surprised with the news that they were being transferred to the Winter Ward, where they actually stayed. They didn’t finish their mission there; they actually stayed for quite some time.

When I found out, I wrote this email to them, and I think it’s very fitting that I can share it now to conclude these brief words:

“Dear Sister Andra and Brother Andra — in this email I copied the entire leadership of the ward: I am saddened by the news of your sudden departure, as we are today, mainly in our community when we found out that Ross had passed on. I believe our ward leaders and members will feel as surprised and astonished as I do. While your transfer will truly bless and benefit our brothers and sisters in the Winter 17th Branch, I know our ward will deeply miss you. On behalf of all ward members and leaders, I would like to thank you for your dedication, love, and service. I have been a witness of how you have touched the lives of our members in many different ways and how your service has helped me, and allowed me in particular to concentrate on other areas of my responsibilities as a bishop — and for that I will be eternally grateful to you and to Heavenly Father. Thank you for your love for Heavenly Father, for responding to the call to serve, and for showing your love to and for our members. Hopefully as your mission ends, you will return to visit us. Please do not forget us — we will not forget you. We will announce your transfer in sacrament meeting tomorrow. Sincerely, Bishop Clay.”

Brothers and sisters, there are many tragedies around us as we hear about tragedies happening worldwide. Many of us, if not all of us, have somehow faced tragedies in our own lives. In fact, in this congregation right now there may be some who are needing a helping hand — some who may be struggling with illness, financial problems, family issues, health, and all sorts of challenges, mental illness. Sister Andra will need some support — I know that — and I’m very grateful for the support you have already extended to her during this time.

But may we honor the life of our dear Brother Andra by trying to emulate the works of Christ: being a little bit kinder, helping one another, finding time to serve, and extending that love that comes from our Heavenly Father which he has for each one of us. We are his arms; we are his hands. Ross Andra represented that very well.

I know that we will meet again, and that is the beauty of this gospel — death is not the end. We will meet again. May the love of our Heavenly Father be with each one of you as you strive to follow in the footsteps of his Son, our dear Savior Jesus Christ. In the name of Jesus Christ. Amen.

Amen.

Closing Remarks

Bishop Ted Maxwell

You know, right before I close I just want to say a word or two. In the last few months Ross had not been able to come to church because he’s been stuck at home. But initially I know he really wanted to be there, because he called me after church every Sunday and let me know how church went and gave me advice for the future. It was always really great to hear from him. As his calls dropped off I knew things were — at first I thought we were just doing better, but then I realized maybe that wasn’t the truth.

I think that’s the one thing I loved about Ross: everyone in this audience has either been served by him or served with him, because that’s what his life was — it was service. Whether it was just bringing joy or bringing the gospel, that has always been one of my great joys, getting to know him these last few years, although I’ve only known him since COVID, so I missed out on some of the really fun stuff, it sounds like.

I know the one thing Ross loved was the scriptures. He loved the word of God, and he loved Jesus Christ, and he brought that light out in everything he did.

When I think about the joy that Jesus shared with his apostles right before he died on the cross, he said: “Let not your hearts be troubled; believe in God, believe also in me. In my Father’s house are many rooms, and I go to prepare a place for you. I will come again and will take you to myself, so that where I am, ye may be also — and you know the way to where I’m going.”

It is my testimony that Ross knew the way to where Christ is — that we will see him again — and it will be in the mansions of our Heavenly Father, in that place that Christ prepared for us through his sacrifice. It is my testimony that we will see each other again, and that through the grace of Jesus Christ we may all be relieved of all those burdens that we suffer from daily — and that in those burdens we might have joy, the way that we saw our brother Andra in his life. I say that in the name of Jesus Christ. Amen.

Amen.

Closing Announcements — Bishop Maxwell

Let’s close our meeting now. We will — no, we won’t sing — we will listen to a musical number by Sister Annie Lenthal, “How Great Thou Art,” after which Paul Ross, who is Ross’s nephew, will give us the benediction. After that we’d ask the pallbearers to come up, and we’ll escort the body to the graveside, where we will reconvene.

[Musical number: “How Great Thou Art,” performed by Sister Annie Lenthal]

Benediction

Paul Ross (nephew of Ross Andra)

Our Father in Heaven, we thank thee. We thank thee for thy Son, Jesus Christ. We thank thee for this world and that we have the privilege of coming here and gaining our bodies, of learning faith and love, and of thy Savior, thy Son, and all that he has given for us, and thy love.

We thank thee for Ross Andra — his example, his good parents, and his family. We thank thee for his wit, his grit, his stature, his faithfulness, and his example. He had thy Son’s countenance with him in work and in sadness and in joy. We are grateful for him. We’re grateful for Adeli and their sweet family.

We ask thee this day that thy Spirit will continue with us. Help us to continue to feel the joy and the balm of thy Spirit, even in our sadness. We thank thee for the Atonement of Jesus Christ and the knowledge of the eternal realms that come for all of us, and what still lies in store for us. But until then, that we can have peace and serve in thy name.

And that of thy Son, dismiss us this day with safety to the cemetery and love and adoration for one another and for thee. We pray in the name of Jesus Christ. Amen.

Amen.

[Pallbearers assemble; congregation rises; body is escorted to Valley View Memorial Park, West Valley City, Utah for interment]

End of service transcript.