---------- Forwarded message ---------- From: Date: Sun, Jan 24, 2010 at 10:01 AM Subject: CU
Negotiations with CU's legal staff occurred today and it appears they are wanting to settle this matter: As a typical legal action whether a case has any legal merit or not a settlement is offered as opposed to the expense of process. Properly presented there is no question several infractures of law have been violated. CU's Board is currently working on drafting a new resolution for presentation to council, for passage VERY, VERY SOON: *Article VI LOCAL GOVERNMENT Section 19(a) **August 28, 2009* *Power of charter cities, how limited. * Section 19(a). Any city which adopts or has adopted a charter for its own government, shall have all powers which the general assembly of the state of Missouri has authority to confer upon any city, provided such powers are consistent with the constitution of this state and are not limited or denied either by the charter so adopted or by statute. Such a city shall, in addition to its home rule powers, have all powers conferred by law. (Adopted October 5, 1971) (1976) Held, Kansas City, being a charter city, "has authority to grant city funds to school districts, or portions of school districts, lying within its corporate limits." Enright v. Kansas City (Mo. Banc), 536 S.W.2d 17. (2000) Proposed city charter amendments, requiring two-thirds voter approval on every tax increment financing measure and abrogating city power of eminent domain incident to any tax increment financing redevelop Missouri Constitution *Article VI LOCAL GOVERNMENT Section 20 **August 28, 2009* *Amendment to city charters--procedure to submit and adopt. * Section 20. Amendments of any city charter adopted under the foregoing provisions may be submitted to the electors by a commission as provided for a complete charter. Amendments may also be proposed by the legislative body of the city or by petition of not less than ten percent of the registered qualified electors of the city, filed with the body or official having charge of the city elections, setting forth the proposed amendment. The legislative body shall at once provide, by ordinance, that any amendment so proposed shall be submitted to the electors at the next election held in the city not less than sixty days after its passage, or at a special election held as provided for a charter. Any amendment approved by a majority of the qualified electors voting thereon, shall become a part of the charter at the time and under the conditions fixed in the amendment; and sections or articles may be submitted separately or in the alternative and determined as provided for a complete charter. Missouri Constitution *Article X TAXATION Section 18(e) **August 28, 2009* *Voter approval required for** taxes or fees, when, exceptions --compliance procedure. * Section 18(e). 1. In addition to the revenue limit imposed by section 18 of this article, the general assembly in any fiscal year shall not increasetaxes or fees without voter approval that in total produce new annual revenues greater than either fifty million dollars adjusted annually by the percentage change in the personal income of Missouri for the second previous fiscal year, or one percent of total state revenues for the second fiscal year prior to the general assembly's action, whichever is less*. In the event that an individual or series of tax or fee increases exceed the ceiling established in this subsection, the taxes or fees shall be submitted by the general assembly to a public vote starting with the largest increase in the given year, and including all increases in descending order, until the aggregate of the remaining increases and decreases is less than the ceiling provided in this subsection. * 2. The term "new annual revenues" means the net increase in annual revenues produced by the total of all tax or fee increases enacted by the general assembly in a fiscal year, less applicable refunds and less all contemporaneously occurring tax or fee reductions in that same fiscal year, and shall not include interest earnings on the proceeds of the tax or fee increase. For purposes of this calculation, "enacted by the general assembly" shall include any and all bills that are truly agreed to and finally passed within that fiscal year, except bills vetoed by the governor and not overridden by the general assembly. Each individual tax or fee increase shall be measured by the estimated new annual revenues collected during the first fiscal year that it is fully effective. The term "increase taxes or fees" means any law or laws passed by the general assembly after May 2, 1996, that increase the rate of an existing tax or fee, impose a new tax or fee, or broaden the scope of a tax or fee to include additional class of property, activity, or income, but shall not include the extension of an existing tax or fee which was set to expire. 3. In the event of an emergency, the general assembly may increase taxes, licenses or fees for one year beyond the limit in this subsection under the same procedure specified in section 19 of this article. 4. Compliance with the limit in this section shall be measured by calculating the aggregate actual new annual revenues produced in the first fiscal year that each individual tax or fee change is fully effective. 5. Any taxpayer or statewide elected official may bring an action under the provisions of section 23 of this article to enforce compliance with the provisions of this section. *The Missouri supreme court shall have original jurisdiction to hear any challenge* brought by any statewide elected official to enforce this section. *In such enforcement actions, the court shall invalidate the* taxes and *fees which should have received a public vote as defined in subsection 1 of this section. The court shall order remedies of the amount of revenue collected in excess of the limit in this subsection as the court finds appropriate in order to allow such excess amounts to be refunded or to reduce taxes and/or fees in the future to offset the excess monies collected. * -- "no cause is lost if there is but one fool to fight for it" ~Will Turner~ ~Pirate's of the Caribbean @ World's End~ "None are more hopelessly enslaved than those who falsely believe they are free." ~Goethe www.moliberty.org http://417-political-pundit.blogspot.com The power to tax involves the power to destroy. ~Justice John Marshall~ Just because you do not take an interest in politics doesn't mean politics won't take an interest in you! -Pericles (430 B.C.) A legislative act contrary to the Constitution is not law. ~Justice John Marshall~ -- This is a Free Speech forum. The owner of this list assumes no responsibility for the intellectual or emotional maturity of its members. 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