A comment worth reading:
Anonymous has left a new comment on your post "How Do You Feel About Jefferson City's Mandatory G...":
Hello. I think the "mandatory" part of the new trash/recycle program is what's ridiculous. But I learned something new the other day when I called Allied over a billing issue. If you live in a three-plex or a 4-plex type of dwelling, it is NOT mandatory. I was told I'd be getting a refund for the two months already paid for. I wish I had gotten the lady's name who told me this, but I didn't. Might regret that, but we will see. She said they are finding several loopholes in the rules at Allied. Not holding my breath, but I hope other people will call and question this, too. Good luck in getting the "mandatory" part of the program overturned. Thanks for sharing the information in your blog.
Saturday, December 26, 2009
Tuesday, December 22, 2009
After the City Council Meeting
So who is going to pay for the garbage mess? Taxpayers because the city is planning to pick up part of th tab. Click here for the article.
Here are sections of the article that I find interesting:
"One month into the new single-stream recycling trash program, the City Council on Monday wrangled with how - and if - the city should collaborate with the Samaritan Center to help residents who are unable to afford the mandatory service.
"Many residents have complained the new trash service has reduced the pickup from twice a week to once, uses smaller 65-gallon containers and adversely affects those on fixed incomes."
I said this would be a problem--less service for more money.
"Under the proposal, the indigent trash program would help about 44 homeowners who meet specific Department of Housing and Urban Development guidelines; most of the homeowners would be elderly or disabled residents living on a small stipend.
"Under the plan, the city would present the Samaritan Center with an initial startup amount of $9,000 from proceeds from the city's contract with New World Recycling."
So taxpayers are paying the money. And what happens to New World Recycling?
"Fifth Ward Councilman Dan Kindt noted there are residents who are currently struggling to meet other utility bills, too.
“'As a governing body, we have to treat persons in similar situations the same,' Klindt said. 'We just can't help the trash situation because it is a topic for us right now. The next (thing) we will be doing is helping with water and sewer.'
"If the city creates such a program with the Samaritan Center, Klindt would like to see a fund for all utilities."
Yes, because sewer and water, electricity and heat are also mandated. If a property does not have these utilities in place, they are violating the Jeff City laws. Coming soon to Jeff City--the city pays all utility bills for those who cannot afford payment.
"City Attorney Nathan Nickolaus reminded the council the city does provide legal protection for all residents under the law, but the city does not have any obligation to provide benefits or assistance to anyone."
What protection is offered to those who cannot afford to pay for mandatory garbage pick-up? What protection is offered for those who cannot pay any utility bills? What protection is given to those who use their civil disobedience rights as citizens and do not pay Allied Waste?
None.
In the end the city finds itself in a big mess--but I like the idea of supporting mandates by assisting those who cannot afford the mandate. First waste collection. Then sewer and water. Soon electricity and heat. Can the cell phone be far behind.
By the way bold phrases are mine.
Here are sections of the article that I find interesting:
"One month into the new single-stream recycling trash program, the City Council on Monday wrangled with how - and if - the city should collaborate with the Samaritan Center to help residents who are unable to afford the mandatory service.
"Many residents have complained the new trash service has reduced the pickup from twice a week to once, uses smaller 65-gallon containers and adversely affects those on fixed incomes."
I said this would be a problem--less service for more money.
"Under the proposal, the indigent trash program would help about 44 homeowners who meet specific Department of Housing and Urban Development guidelines; most of the homeowners would be elderly or disabled residents living on a small stipend.
"Under the plan, the city would present the Samaritan Center with an initial startup amount of $9,000 from proceeds from the city's contract with New World Recycling."
So taxpayers are paying the money. And what happens to New World Recycling?
"Fifth Ward Councilman Dan Kindt noted there are residents who are currently struggling to meet other utility bills, too.
“'As a governing body, we have to treat persons in similar situations the same,' Klindt said. 'We just can't help the trash situation because it is a topic for us right now. The next (thing) we will be doing is helping with water and sewer.'
"If the city creates such a program with the Samaritan Center, Klindt would like to see a fund for all utilities."
Yes, because sewer and water, electricity and heat are also mandated. If a property does not have these utilities in place, they are violating the Jeff City laws. Coming soon to Jeff City--the city pays all utility bills for those who cannot afford payment.
"City Attorney Nathan Nickolaus reminded the council the city does provide legal protection for all residents under the law, but the city does not have any obligation to provide benefits or assistance to anyone."
What protection is offered to those who cannot afford to pay for mandatory garbage pick-up? What protection is offered for those who cannot pay any utility bills? What protection is given to those who use their civil disobedience rights as citizens and do not pay Allied Waste?
None.
In the end the city finds itself in a big mess--but I like the idea of supporting mandates by assisting those who cannot afford the mandate. First waste collection. Then sewer and water. Soon electricity and heat. Can the cell phone be far behind.
By the way bold phrases are mine.
Sunday, December 20, 2009
Still More on the Attack of the Garbage Cans in Jefferson City
Monday's city council meeting will meet on a number of topics including the trash problem. Click here to see the News Tribune article.
Members of the Citizen Action Committee to revoke the mandatory garbage pick-up program will be at the city council meeting Monday evening, 6:00 PM at City Hall. Committee members sat in on the brown bag lunch where the city council develops and talks about the agenda issues Friday in a show of force.
The City of Jefferson has contracted with the Samaritan Center to assist those who cannot afford the mandatory pick-up--and guess what?--this will be an additional burden on both the city's taxpayers and the city itself.
Members of the Citizen Action Committee to revoke the mandatory garbage pick-up program will be at the city council meeting Monday evening, 6:00 PM at City Hall. Committee members sat in on the brown bag lunch where the city council develops and talks about the agenda issues Friday in a show of force.
The City of Jefferson has contracted with the Samaritan Center to assist those who cannot afford the mandatory pick-up--and guess what?--this will be an additional burden on both the city's taxpayers and the city itself.
Thursday, December 17, 2009
How Do You Feel About Jefferson City's Mandatory Garbage Pick-up?
How do you feel about Jefferson City's mandatory garbage pick-up?
Go to the comment section and leave a comment. All comments--pro or con--will be published.
Go to the comment section and leave a comment. All comments--pro or con--will be published.
Citizens Action Committee
On December 11th, the following news relese was issued:
"The Citizen's Action Committee to Amend City Ordinance #14487 was formed to promote fairness and honesty in trash/recyclables collection in Jefferson City. The committee met Friday, December 11, 2009 and formed a draft position that collection of trash/recyclables should be voluntary and that no city funds should be used to subsidize those efforts.
"Chairman Arthur Brown said the city recognizes the need for a clean city. Certain revisions to the existing ordinance are necessary. The committee will approach the City Council in good faith for the purpose of revising the ordinance by deleting the mandatory requirement. If the Council does not revise the mandatory ordinance as requested by the committee and provided by the City Charter, Article IX: Initiative, Referendum, and Recall, the committee is prepared to and will move forward to present the citizens of Jefferson City an opportunity to vote to amend certain mandatory portions of Ordinance # 14487.
"The committee consists of William R. Towson, Don Bowman, Edith G. Vogel, Charles Michael, and Ray Walker."
Click here for the link to the News Tribune's article about this news release.
Other media: click here.
And here.
And here.
"The Citizen's Action Committee to Amend City Ordinance #14487 was formed to promote fairness and honesty in trash/recyclables collection in Jefferson City. The committee met Friday, December 11, 2009 and formed a draft position that collection of trash/recyclables should be voluntary and that no city funds should be used to subsidize those efforts.
"Chairman Arthur Brown said the city recognizes the need for a clean city. Certain revisions to the existing ordinance are necessary. The committee will approach the City Council in good faith for the purpose of revising the ordinance by deleting the mandatory requirement. If the Council does not revise the mandatory ordinance as requested by the committee and provided by the City Charter, Article IX: Initiative, Referendum, and Recall, the committee is prepared to and will move forward to present the citizens of Jefferson City an opportunity to vote to amend certain mandatory portions of Ordinance # 14487.
"The committee consists of William R. Towson, Don Bowman, Edith G. Vogel, Charles Michael, and Ray Walker."
Click here for the link to the News Tribune's article about this news release.
Other media: click here.
And here.
And here.
Sunday, November 29, 2009
How the City Benefits from the Contract--In Case You Did Not See This The First Time
How does the contract with Allied Waste benefit the city?
1.) Allied Waste is responsible for all of the garbage the city creates--including the waste from the park district.
2.) Allied Waste had to give the city a quarter of a million dollars after the contract was signed as a bond payment.
3.) Allied Waste has to pay the city 200,000 dollars each year.
4.) Allied Waste has to pay the city $7.50 for each cubic ton it collects.
1.) Allied Waste is responsible for all of the garbage the city creates--including the waste from the park district.
2.) Allied Waste had to give the city a quarter of a million dollars after the contract was signed as a bond payment.
3.) Allied Waste has to pay the city 200,000 dollars each year.
4.) Allied Waste has to pay the city $7.50 for each cubic ton it collects.
Saturday, November 28, 2009
Who Will Pay for The Individuals who Cannot Afford to Pay
There are 39,636 people living within the city limits of Jefferson City. If we just take the government figures for a family of three or less living below the poverty levels, 3.9% of the population is in this segment.
1546 individuals are living below the poverty level in Jefferson City in household of one to three members. (The number is really greater than this because larger families have not been included.) Who are going to pay for them to have garbage pick-up?
We are.
The mayor has stated that the city would help those who cannot pay to pay for the service. The number above can mean that approximately five hundred households will be subsidized by the city.
I guess there goes the money the city collects from the contract. Remember: Allied Waste pays the city a bond of $250,000, 200,000 annually for the duration of the contract, and 7.50 per ton of waste picked up.
1546 individuals are living below the poverty level in Jefferson City in household of one to three members. (The number is really greater than this because larger families have not been included.) Who are going to pay for them to have garbage pick-up?
We are.
The mayor has stated that the city would help those who cannot pay to pay for the service. The number above can mean that approximately five hundred households will be subsidized by the city.
I guess there goes the money the city collects from the contract. Remember: Allied Waste pays the city a bond of $250,000, 200,000 annually for the duration of the contract, and 7.50 per ton of waste picked up.
Who Voted for the Contract with Allied Waste
To authorize the mayor to sign the contract--only Harvey voted against it.
Substitute Bill 2008-139, Ordinance 14487: Scrivner, Klindt and Harvey voted against it.
The final bill--Bill 2008-138, Ordiance 14486: Harvey, Kindt, Penfold and Scrivner voted against it.
The city council at the time of thevote was made up of the following individuals: Carroll (Y, Y, Y), Ferguson (Y, Y, Y) , Harvey (N, N, N), Klindt N, Y, N), Koon Y, Y, Y), Layton (no longer a member), Medin Y, Y, Y), Penfold Y, Y, N), Randolph (no longer a member), and Scrivner (N, Y, N).
Pope and Struempf replaced Layton and Randolph--neither one voted in the garbage can issue.
The first Y is a vote for Substitute Bill No. 2008-139, Ordinace 14487
The second Y is a vote to authorize the mayor to sign the contract with Allied Waste
The third Y is a vote for the final Bill No. 2008-138, Ordinance 14486
If you like the new garbage can policy--you can see who voted for it. If you do not like the policy--the above chart tells you who voted against it. This is what Representativbe Democracy is all about--knowing who is looking out for the greater good of the community.
Substitute Bill 2008-139, Ordinance 14487: Scrivner, Klindt and Harvey voted against it.
The final bill--Bill 2008-138, Ordiance 14486: Harvey, Kindt, Penfold and Scrivner voted against it.
The city council at the time of thevote was made up of the following individuals: Carroll (Y, Y, Y), Ferguson (Y, Y, Y) , Harvey (N, N, N), Klindt N, Y, N), Koon Y, Y, Y), Layton (no longer a member), Medin Y, Y, Y), Penfold Y, Y, N), Randolph (no longer a member), and Scrivner (N, Y, N).
Pope and Struempf replaced Layton and Randolph--neither one voted in the garbage can issue.
The first Y is a vote for Substitute Bill No. 2008-139, Ordinace 14487
The second Y is a vote to authorize the mayor to sign the contract with Allied Waste
The third Y is a vote for the final Bill No. 2008-138, Ordinance 14486
If you like the new garbage can policy--you can see who voted for it. If you do not like the policy--the above chart tells you who voted against it. This is what Representativbe Democracy is all about--knowing who is looking out for the greater good of the community.
Thursday, November 19, 2009
How do you feel about mandatory garbage service?
If you have an opinion on mandatory garbage service in Jefferson City, please leave a comment.
All comments will be published.
All comments will be published.
Minutes to the Meeting
The steering committee decided to keep the minutes from last Saturday's organizational meeting private.
Monday, November 16, 2009
The Organizational Meeting Chaired by Arthur Brown...
The first organizational meeting chaired by Arthur Brown (contact: 353-3039), took place at the Central Motor Bank Saturday morning. A reporter from Columbia's public radio station was there as were a number of interested individuals, Donuts donated from Heavenly Donuts gave us energy.
My count: 27 concerned citizens. For a Saturday meeting beginning at 9:30 AM, this was a very nice turnout.
We read the ordinance, discussed aspects of the garbage can ordinance, and decided the path we should take to get the city to create modifications.
Two important steps were taken: We gave out group a name--Citizen Action Committee to Amend Ordinance # 14486--and we created a steering committee of seven members.
For a first meeting, everything ran smoothly, the group of concerned citizens arer more than willing to go the extra step, and I wil post the minutes from the meeting the second I receive them.
My count: 27 concerned citizens. For a Saturday meeting beginning at 9:30 AM, this was a very nice turnout.
We read the ordinance, discussed aspects of the garbage can ordinance, and decided the path we should take to get the city to create modifications.
Two important steps were taken: We gave out group a name--Citizen Action Committee to Amend Ordinance # 14486--and we created a steering committee of seven members.
For a first meeting, everything ran smoothly, the group of concerned citizens arer more than willing to go the extra step, and I wil post the minutes from the meeting the second I receive them.
Sunday, November 15, 2009
From A Reading of the Contract with Allied Waste
Allied Waste signed a contract with the City of Jefferson--and the contract is flawed:
1.) Allied Waste has to have an office in town with easy access to its customers. Their present address is far east off the highway--and if you don't drive or have a car, you will not have easy access. Taking a taxicab out into the country east of the new Walmart is not easy access. Does a bus go that far east?
2.) The option for individuals with little to no garbage is about a dollar fifty cents less and all you get is two 35 gallon containers.
3.) Allied Waste is responsible for litter. How can they deal with this when the wind picks up and takes the garbage into the air? Because of the contract, they are responsible for the litter they create.
4.) Allied Waste can raise prices on its anniversary date and /or if gas prices change, the cost of living index rises, etc.
5.) They have made the city enforcers of the contract. If you do not pay, Jefferson City has the right to fine you for nonpayment. Jefferson City has now become a collection agency.
6/) Because the service is mandatory, we now have a new tax even though it is not a tax.
How does the contract benefit the city?
1.) Allied Waste is responsible for all of the garbage the city creates--including the waste from the park district.
2.) Allied Waste had to give the city a quarter of a million dollars after the contract was signed as a bond payment.
3.) Allied Waste has to pay the city 200,000 dollars each year.
4.) Allied Waste has to pay the city $7.50 for each cubic ton it collects.
How can we get out of the contract?
Part 34 in the contract entitled Modifications states that the contract can be "...modified, altered, changed, assigned, or amended...in writing and signed by the parties hereto."
Section 36 gives the city "...the right to reject or apply reasonable fees for treatment or hauling..."
Section 37.10 states that the court can modify the contract if any part is deemed "invalid or unenforceable."
1.) Allied Waste has to have an office in town with easy access to its customers. Their present address is far east off the highway--and if you don't drive or have a car, you will not have easy access. Taking a taxicab out into the country east of the new Walmart is not easy access. Does a bus go that far east?
2.) The option for individuals with little to no garbage is about a dollar fifty cents less and all you get is two 35 gallon containers.
3.) Allied Waste is responsible for litter. How can they deal with this when the wind picks up and takes the garbage into the air? Because of the contract, they are responsible for the litter they create.
4.) Allied Waste can raise prices on its anniversary date and /or if gas prices change, the cost of living index rises, etc.
5.) They have made the city enforcers of the contract. If you do not pay, Jefferson City has the right to fine you for nonpayment. Jefferson City has now become a collection agency.
6/) Because the service is mandatory, we now have a new tax even though it is not a tax.
How does the contract benefit the city?
1.) Allied Waste is responsible for all of the garbage the city creates--including the waste from the park district.
2.) Allied Waste had to give the city a quarter of a million dollars after the contract was signed as a bond payment.
3.) Allied Waste has to pay the city 200,000 dollars each year.
4.) Allied Waste has to pay the city $7.50 for each cubic ton it collects.
How can we get out of the contract?
Part 34 in the contract entitled Modifications states that the contract can be "...modified, altered, changed, assigned, or amended...in writing and signed by the parties hereto."
Section 36 gives the city "...the right to reject or apply reasonable fees for treatment or hauling..."
Section 37.10 states that the court can modify the contract if any part is deemed "invalid or unenforceable."
Sunshine Laws
To find out how concerned citizens can get information on anything--including everything that occurred in the creation of the Allied Waste/Jefferson City mandatory trash pick-up service, click here.
Does Every Mid-Missouri Community Mandate Garbage Pick-Up?
To get the answer, click here.
For those who attended the City Hall meeting and were told only two cities did not have mandatory trash pick-up, I do not believe 86% as reported above (when you click here) is the same as almost a hundred percent. Obviously a lot of communities do not have mandatory service.
For those who attended the City Hall meeting and were told only two cities did not have mandatory trash pick-up, I do not believe 86% as reported above (when you click here) is the same as almost a hundred percent. Obviously a lot of communities do not have mandatory service.
Saturday, November 14, 2009
Mayor John Landwehr Meets the Garbage Cans
Because of all of the garbage cans on my street--and a few are in front of vacant property so there is no one to move them--and one individual is handicapped and lives by herself and the city refuses to designate the space in front of her house for handicapped parking (but that's another subject altogether), I find it very interesting that the very man who signed the contract to let Allied Waste mandate that everyone has garbage cans moved four garbage cans off the street when he came to visit Prisons Brews.
Keep in mind Prison Brews has designated parking--but obviously not enough. If you can't enforce a parking space ordinance required of businesses, how are you going to enforce other ordinances? How is the city going to pay to enforce the mandate that everyone pays for garbage service? Whose tax dollars will go to pay for these additional employees?
Mayor Landwehr, yes, the garbage cans are an eyesore and there are a lot of them--eight in front of vacant homes, two in front of the home of a handicapped women who actually uses her cans to reserve her parking space and two in front of my house.
A litter of garbage cans.
Isn't this what you wanted?
Keep in mind Prison Brews has designated parking--but obviously not enough. If you can't enforce a parking space ordinance required of businesses, how are you going to enforce other ordinances? How is the city going to pay to enforce the mandate that everyone pays for garbage service? Whose tax dollars will go to pay for these additional employees?
Mayor Landwehr, yes, the garbage cans are an eyesore and there are a lot of them--eight in front of vacant homes, two in front of the home of a handicapped women who actually uses her cans to reserve her parking space and two in front of my house.
A litter of garbage cans.
Isn't this what you wanted?
Thursday, November 12, 2009
Saturday's Meeting
Here's the information as promised:
Saturday, November 4th, at 9:30 AM concerned citizens against the garbage can contract between Jefferson City and Allied waste will hold their first organizational meeting at Central Motor Bank, 500 Madison in their upstairs meeting room.
Please park on the street. The bank's parking lot is dedicated to its customers.
Refreshments will be donated by Donut Heaven, 706B Missouri Blvd.
For more information, please contact this blog at http://attackofthegarbagecans.blogspot.com/ or contact Arthur Brown at 353-3039.
Michael H. Brownstein
Saturday, November 4th, at 9:30 AM concerned citizens against the garbage can contract between Jefferson City and Allied waste will hold their first organizational meeting at Central Motor Bank, 500 Madison in their upstairs meeting room.
Please park on the street. The bank's parking lot is dedicated to its customers.
Refreshments will be donated by Donut Heaven, 706B Missouri Blvd.
For more information, please contact this blog at http://attackofthegarbagecans.blogspot.com/ or contact Arthur Brown at 353-3039.
Michael H. Brownstein
Meeting for Those Concerned About the Attack of the Garbage Cans
This Saturday, November 14th, at 9:30, concerned individuals will meet at Central Bank.
This is a strategy meeting.
If you care at all about the garbage can crisis, be there.
More particulars and information as it is received.
This is a strategy meeting.
If you care at all about the garbage can crisis, be there.
More particulars and information as it is received.
Wednesday, November 11, 2009
RAY SENDS AN INTERESTING LINK
Ray has left a new comment on your post "ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL":
"I think you will be VERY pleased to learn how FEW signatures this initiative will require! I was going to try blocking this so that the ordinance allowing the mayor to sign would be blocked, but there was just not enough time! Was significantly delayed by the city attorney who obfuscated until the deadline of a certain number of days ran out! And if you look at
www.jeffcitymo.org/law/intiative.html
You can understand!"
I thought this comment was very interesting--and so I went to the link given above, but the page was not found.
Ray, can you let me know how I can copy and paste the initiative you list into this blog?
I would like to know the number of voters who have to sign this petition and I would like to know more about:
www.jeffcitymo.org/law/intiative.html
"I think you will be VERY pleased to learn how FEW signatures this initiative will require! I was going to try blocking this so that the ordinance allowing the mayor to sign would be blocked, but there was just not enough time! Was significantly delayed by the city attorney who obfuscated until the deadline of a certain number of days ran out! And if you look at
www.jeffcitymo.org/law/intiative.html
You can understand!"
I thought this comment was very interesting--and so I went to the link given above, but the page was not found.
Ray, can you let me know how I can copy and paste the initiative you list into this blog?
I would like to know the number of voters who have to sign this petition and I would like to know more about:
www.jeffcitymo.org/law/intiative.html
Tuesday, November 10, 2009
ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL
ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL
Section 9.1. General Authority.
(a) Initiative. The qualified voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to any ordinance relating to appropriation of money, levy of taxes, or zoning. No proposed initiative ordinance shall contain more than one subject which shall be clearly expressed in its title.
(b) Referendum. The qualified voters of the city shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance designed as such by the council at the time of adoption, any ordinance levying a special assessment or providing for the issuance of special tax bills, or any ordinance relating to zoning, appropriation of money, or levy of taxes.
Section 9.2. Commencement of Proceedings; Petitioners' Committee; Affidavit.
Any five qualified voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee, are responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Persons other than committee members may circulate the petition.
Section 9.3. Filling and Approval of Petitions.
Prior to circulation, petitions must be submitted for approval as to form by both the clerk and city counselor. They shall approve or disapprove any petition within ten days following its submission. If approved the clerk is responsible for preparing ballot language which must be in question form and approved by the counselor. If disapproved the clerk and counselor shall provide an itemized list of needed corrections at the time of issuance of the disapproval.
Section 9.4. Petitions.
(a) Number of Signatures. Initiative petitions shall be signed by qualified voters of the city equal in number to at least twenty percent of the total number of votes cast for mayor in the last municipal general election at which a mayor was elected or by not less than four hundred qualified voters of the city, whichever is the larger number. Referendum petitions shall be signed by qualified voters of the city equal in number to at least twenty-five percent of the total number of votes cast for mayor in the last municipal general election at which a mayor was elected or by not less than five hundred qualified voters of the city, whichever is the larger number.
(b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
(d) Time for Filing Referendum Petitions. Referendum petitions must be filed with the city clerk prior to an expiration of forty-five days after adoption by the council of the ordinance sought to be reconsidered.
Section 9.5. Procedure after Filing.
(a) Certificate of Clerk; Amendment. Within twenty days after the petition is filed, the clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective. The clerk shall promptly send a copy of the certificate to the petitioners' committee by registered mail. If petitioners do not file an amended petition as herein authorized and do not request council review under subsection (b) of this section within the time allowed, the clerk shall promptly present his certificate to the council. Such certificate shall be a final determination as to the sufficiency of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the
petitioners' committee files a notice of intent to amend with the clerk within two days after receiving the copy of the clerk's certificate. Such amended petition shall comply with the requirements of subsections (b) and (c) of section 9.4 and shall be filed within ten days after the committee receives the copy of the clerk's certificate. Within five days after the amended petition is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy thereof to the petitioners' committee by registered mail. If petitioners' committee does not request council review under subsection (b) of this section
within the time allowed, the clerk shall promptly present his certificate to the council. Such certificate shall be a final determination as to the sufficiency of the petition as amended.
(b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intent to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition.
(c) Court Review; New Petition. A final determination as to the sufficiency of the petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
Section 9.6. Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition sufficient on its face is timely filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition, or The petitioners' committee withdraws the petition, or The council repeals the ordinance, or
2. The results of the election on the referred ordinance is certified by the election authority.
Section 9.7. Action on Petitions.
(a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article 111 or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition is finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified
voters of the city.
(b) Submission to Voters. The election on a proposed or referred ordinance shall be held not less than thirty days and not later than one year after the expiration of the time limited by subsection (a) of this section for the adoption or repeal of ordinance, as the case may be.
(c) An initiative or referendum petition may be withdrawn by filing with the city clerk at any time prior to the thirtieth day next preceding the day scheduled for the election on the proposed or referred ordinance a written request that the petition be withdrawn signed by at least four members of the original committee. Upon the filing of the request, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. The signatures on the request to withdraw shall be notarized.
Section 9.8. Results of Election.
(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall become effective on certification of the election results and shall be treated in all other respects in the same manner as ordinances adopted by the council and approved by the mayor. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of the conflict.
(b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
Section 9.9. Resubmission of Initiative Petitions.
Initiative petitions proposing the adoption of an ordinance having the same general subject and purpose of a measure once defeated by the voters under the provisions of this article, shall not again be filed until after the expiration of one year from the date of the election at which the measure was defeated.
Section 9.1. General Authority.
(a) Initiative. The qualified voters of the city shall have power to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to any ordinance relating to appropriation of money, levy of taxes, or zoning. No proposed initiative ordinance shall contain more than one subject which shall be clearly expressed in its title.
(b) Referendum. The qualified voters of the city shall have power to require reconsideration by the council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget or capital program, any emergency ordinance designed as such by the council at the time of adoption, any ordinance levying a special assessment or providing for the issuance of special tax bills, or any ordinance relating to zoning, appropriation of money, or levy of taxes.
Section 9.2. Commencement of Proceedings; Petitioners' Committee; Affidavit.
Any five qualified voters of the city may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee, are responsible for circulating the petition and filing it in proper form, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Persons other than committee members may circulate the petition.
Section 9.3. Filling and Approval of Petitions.
Prior to circulation, petitions must be submitted for approval as to form by both the clerk and city counselor. They shall approve or disapprove any petition within ten days following its submission. If approved the clerk is responsible for preparing ballot language which must be in question form and approved by the counselor. If disapproved the clerk and counselor shall provide an itemized list of needed corrections at the time of issuance of the disapproval.
Section 9.4. Petitions.
(a) Number of Signatures. Initiative petitions shall be signed by qualified voters of the city equal in number to at least twenty percent of the total number of votes cast for mayor in the last municipal general election at which a mayor was elected or by not less than four hundred qualified voters of the city, whichever is the larger number. Referendum petitions shall be signed by qualified voters of the city equal in number to at least twenty-five percent of the total number of votes cast for mayor in the last municipal general election at which a mayor was elected or by not less than five hundred qualified voters of the city, whichever is the larger number.
(b) Form and Content. All pages of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered.
(c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his presence, that he believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered.
(d) Time for Filing Referendum Petitions. Referendum petitions must be filed with the city clerk prior to an expiration of forty-five days after adoption by the council of the ordinance sought to be reconsidered.
Section 9.5. Procedure after Filing.
(a) Certificate of Clerk; Amendment. Within twenty days after the petition is filed, the clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective. The clerk shall promptly send a copy of the certificate to the petitioners' committee by registered mail. If petitioners do not file an amended petition as herein authorized and do not request council review under subsection (b) of this section within the time allowed, the clerk shall promptly present his certificate to the council. Such certificate shall be a final determination as to the sufficiency of the petition. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the
petitioners' committee files a notice of intent to amend with the clerk within two days after receiving the copy of the clerk's certificate. Such amended petition shall comply with the requirements of subsections (b) and (c) of section 9.4 and shall be filed within ten days after the committee receives the copy of the clerk's certificate. Within five days after the amended petition is filed the clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy thereof to the petitioners' committee by registered mail. If petitioners' committee does not request council review under subsection (b) of this section
within the time allowed, the clerk shall promptly present his certificate to the council. Such certificate shall be a final determination as to the sufficiency of the petition as amended.
(b) Council Review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intent to amend it or if an amended petition has been certified insufficient, the committee may, within two days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of the request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition.
(c) Court Review; New Petition. A final determination as to the sufficiency of the petition shall be subject to court review. A final determination of insufficiency, even if sustained upon court review, shall not prejudice the filing of a new petition for the same purpose.
Section 9.6. Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition sufficient on its face is timely filed with the city clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
1. There is a final determination of insufficiency of the petition, or The petitioners' committee withdraws the petition, or The council repeals the ordinance, or
2. The results of the election on the referred ordinance is certified by the election authority.
Section 9.7. Action on Petitions.
(a) Action by Council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article 111 or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty days or fails to repeal the referred ordinance within thirty days after the date the petition is finally determined sufficient, it shall submit the proposed or referred ordinance to the qualified
voters of the city.
(b) Submission to Voters. The election on a proposed or referred ordinance shall be held not less than thirty days and not later than one year after the expiration of the time limited by subsection (a) of this section for the adoption or repeal of ordinance, as the case may be.
(c) An initiative or referendum petition may be withdrawn by filing with the city clerk at any time prior to the thirtieth day next preceding the day scheduled for the election on the proposed or referred ordinance a written request that the petition be withdrawn signed by at least four members of the original committee. Upon the filing of the request, the petition shall have no further force or effect, and all proceedings thereon shall be terminated. The signatures on the request to withdraw shall be notarized.
Section 9.8. Results of Election.
(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall become effective on certification of the election results and shall be treated in all other respects in the same manner as ordinances adopted by the council and approved by the mayor. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of the conflict.
(b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results.
Section 9.9. Resubmission of Initiative Petitions.
Initiative petitions proposing the adoption of an ordinance having the same general subject and purpose of a measure once defeated by the voters under the provisions of this article, shall not again be filed until after the expiration of one year from the date of the election at which the measure was defeated.
Sunday, November 8, 2009
AND IF YOU DO NOT AGREE--HERE ARE THE CONSEQUENCES
"Betty Beeman, 79, of Lee Street said she has been recycling since 1973, but believes her councilman who voted for the service has betrayed her.
“What are you going to do? Put an old gal in jail?” she asked members of the council."
The above is from the News Tribune. Click here to read the entire article.
And this may actually be the reality. Allied Waste has a contract with Jefferson City and Jefferson City has to enforce it. Don't pay the mandatory fee--or new tax--for garbage service and the city is forced to fine you fifty dollars. Don't pay the fine, the city will ask the court to enforce the rule--and if you don't pay, the court can find you in contempt. Found guilty of contempt--you can go to jail.
“What are you going to do? Put an old gal in jail?” she asked members of the council."
The above is from the News Tribune. Click here to read the entire article.
And this may actually be the reality. Allied Waste has a contract with Jefferson City and Jefferson City has to enforce it. Don't pay the mandatory fee--or new tax--for garbage service and the city is forced to fine you fifty dollars. Don't pay the fine, the city will ask the court to enforce the rule--and if you don't pay, the court can find you in contempt. Found guilty of contempt--you can go to jail.
Friday, November 6, 2009
Fairness of Garbage Cans for Everyone
This is why I disagree with the mandatory garbage can issue.
And I don't really care that there were meetings about it over time.
There are many people who do not have a lot of money--and this mandatory garbage ploy will strike them hard. They are mandated now to participate in an activity that will only drain from them some of the resources they already have.
Other individuals never opted for the garbage pick-up service to begin with because they have little to no garbage. Oh, overtime they may collect enough for a bag or two--but once a week mandatory pick-up will not happen for them. They just do not accumulate enough garbage. Nonetheless, they have to pay into the program no matter what. This is the law the Jefferson City council laid down on us.
Did you know Jefferson City has to enforce payment of the contract. If you decide not to pay the bill to Allied Waste, the city council gets to fine you fifty dollars. If you do not pay that, a judge can dem you guilty of contempt of court. Contempt of court can include a jail sentence.
And let's not forget we used to have larger containers picked up twice a week. Our bil is now higher and we have less volume for our garbage.
And I don't really care that there were meetings about it over time.
There are many people who do not have a lot of money--and this mandatory garbage ploy will strike them hard. They are mandated now to participate in an activity that will only drain from them some of the resources they already have.
Other individuals never opted for the garbage pick-up service to begin with because they have little to no garbage. Oh, overtime they may collect enough for a bag or two--but once a week mandatory pick-up will not happen for them. They just do not accumulate enough garbage. Nonetheless, they have to pay into the program no matter what. This is the law the Jefferson City council laid down on us.
Did you know Jefferson City has to enforce payment of the contract. If you decide not to pay the bill to Allied Waste, the city council gets to fine you fifty dollars. If you do not pay that, a judge can dem you guilty of contempt of court. Contempt of court can include a jail sentence.
And let's not forget we used to have larger containers picked up twice a week. Our bil is now higher and we have less volume for our garbage.
Jefferson City and the Attack of the Garbage Cans
I decided to start this blog four days after the city council meeting (November 2nd). So let me begin with a brief summary: The Jefferson City Council signed a contract with Allied Waste to pick up the garbage. Before the contract, residents had a choice in their garbage delivery: they could opt out, use a bag system, or subscribe to the service. The service included twice a week pickup with two ninety-five gallon garbage cans. The new contracted service no longer allows any resident to opt out, delivery is now only once a week, the cans are sixty-five gallons (so we lose fifty gallons of volume) and one of the cans is designated for recycling only--but no glass. The new service is also more expensive,
I come to this controversy late in the game because even though I have maintained a presence in Jefferson City, I did not live here until I moved down two months ago. Nonetheless, I do not like the new system. Mandatory does not go well with me, the way the garbage cans are stacked up and down the streets does not go well with me, the way some cans are already overflowing because of the once a week delivery schedule does not go well with me, the hardship for many residents who cannot afford a mandatory pickup (and I need to let you know every unit in every apartment and every home has to have a garbage can for the residents living there--you are not allowed to share garbage cans) does not go well with me.
I've asked around and I understand that even though this process has been ongoing for the last two years, few residents even knew anything about it.
I understand why. At the council meeting I spoke twice--once about the garbage can problem and again about a moratorium on new sidewalk construction. I would never have known about the sidewalk issue--what town does not want sidewalks?-- if I hadn't attended the meeting. Obviously the word did not get out.
I come to this controversy late in the game because even though I have maintained a presence in Jefferson City, I did not live here until I moved down two months ago. Nonetheless, I do not like the new system. Mandatory does not go well with me, the way the garbage cans are stacked up and down the streets does not go well with me, the way some cans are already overflowing because of the once a week delivery schedule does not go well with me, the hardship for many residents who cannot afford a mandatory pickup (and I need to let you know every unit in every apartment and every home has to have a garbage can for the residents living there--you are not allowed to share garbage cans) does not go well with me.
I've asked around and I understand that even though this process has been ongoing for the last two years, few residents even knew anything about it.
I understand why. At the council meeting I spoke twice--once about the garbage can problem and again about a moratorium on new sidewalk construction. I would never have known about the sidewalk issue--what town does not want sidewalks?-- if I hadn't attended the meeting. Obviously the word did not get out.
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