Not everything has to be written for someone to proclaim it exist. The most telling portion of the statement can be found in the following words "basic rule of municipal law" which makes it appear that this is granted and understood by any governmental branch.
tom On Fri, Nov 14, 2008 at 9:46 PM, James Hornaday Jr. <[EMAIL PROTECTED]>wrote: > > Well GOOD! I always thought CA law was nutty. > > Get Wichmer to show you the specific law passages he is using for his > 'never bind any future council" opinion. If he can't quote it, (and show it > to you and demonstrate it's the real thing) - - - he's bluffing. > > Jim > > > --- On Fri, 11/14/08, Tom Martz <[EMAIL PROTECTED]> wrote: > > > From: Tom Martz <[EMAIL PROTECTED]> > > Subject: Re: LOOK at what I found > > To: missourilibertycoalition@googlegroups.com > > Date: Friday, November 14, 2008, 9:39 PM > > Actually Jim I disagree, what I have posted came from CA law > > however it is > > the ONLY place I can find ANY definition for "binding > > future city > > councils". In regards to the wording of what I found > > I believe I'm correct > > in my understanding that Greg Burris and our current city > > council can pass > > an ordinance which states 29.88% must be annually deposited > > into the police > > and fire pension system. > > > > A *basic rule* of municipal law is one *city* council > > *cannot forever tie > > the hands of **future* *city** council with respect to > > legislative > > enactments*;* no ordinance passed by one city council may > > remain beyond the > > repeal or amendment of a future city council.* > > > > Passing an ordinance by NO means ties the hands of future > > city councils > > because the future city council can place the ordinance > > back on the docket > > and defeat it with a vote of council. > > > > If my reading of this is correct "binding a future > > city council" has become > > a red herring in Wichmer's argument trying to prevent > > this action of city > > council. > > > > tom > > > > On Fri, Nov 14, 2008 at 9:30 PM, James Hornaday Jr. > > <[EMAIL PROTECTED]>wrote: > > > > > > > > What or whose law or statute is under consideration? > > Is this language > > > taken from Missouri law, City Charter law, or (gasp) > > California law? Let's > > > identify what we're looking at. > > > > > > If this is binding Missouri or Springfield charter > > stuff, Burris legally > > > CAN'T write any definitive "The City will do > > this and not that" promises on > > > the tax proposal. Weaseling wins! This cuts our > > arguments against the tax > > > increase off at the knees. > > > > > > So, what's going on? and where are we? > > > > > > > > > > > > --- On Fri, 11/14/08, Jerry Blevins > > <[EMAIL PROTECTED]> wrote: > > > > > > > From: Jerry Blevins <[EMAIL PROTECTED]> > > > > Subject: RE: LOOK at what I found > > > > To: missourilibertycoalition@googlegroups.com > > > > Date: Friday, November 14, 2008, 9:09 PM > > > > How does it line up with Missouri Statutes??? > > > > -----Original Message----- > > > > From: missourilibertycoalition@googlegroups.com > > > > > > [mailto:[EMAIL PROTECTED] Behalf > > > > Of Tom Martz > > > > Sent: Friday, November 14, 2008 8:21 PM > > > > To: missourilibertycoalition@googlegroups.com > > > > Subject: LOOK at what I found > > > > > > > > > > > > The Power and Limitations of a City > > > > > > > > Binding Future Councils. A basic rule of > > municipal law is > > > > one city council > > > > cannot forever tie the hands of future city > > council with > > > > respect to > > > > legislative enactments; no ordinance passed by > > one city > > > > council may remain > > > > beyond the repeal or amendment of a future city > > council. > > > > Each council is > > > > elected by the people to serve the needs and > > desires of the > > > > people at that > > > > time, and cannot be restricted, from a > > legislative > > > > standpoint, by prior > > > > council action. A council may, however, enter > > into certain > > > > long-term > > > > contracts such as leases, cable television > > franchises, or > > > > rubbish contracts, > > > > provided there are not antitrust > > (anticompetitiveness) > > > > problems. > > > > > > > > I wonder how Dan Wichmer is going to explain > > this to his > > > > new boss, and I > > > > wonder if the new boss Mr. Burris is going to > > grab this > > > > issue and run with > > > > it. > > > > > > > > -- > > > > http://votetom4council.webs.com/ > > > > > > > > http://417-political-pundit.blogspot.com/ > > > > > > > > www.moliberty.org > > > > > > > > "lite a fire for a man he'll be warm > > for a day, > > > > lite the man on fire and > > > > he'll be warm the rest of his life". > > > > > > > > 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.) > > > > > > > > "You don't pay taxes - they take > > taxes." > > > > ~ Chris Rock~ > > > > > > > > "no cause is lost if there is but one fool > > to fight > > > > for it" > > > > ~Will Turner~ > > > > ~Pirate's of the Caribbean @ World's > > End~ > > > > > > > > Save your property rights > > > > www.mo-cpr.org > > > > > > > > http://www.radiofreeliberty.com > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > -- > > http://votetom4council.webs.com/ > > > > http://417-political-pundit.blogspot.com/ > > > > www.moliberty.org > > > > "lite a fire for a man he'll be warm for a day, > > lite the man on fire and > > he'll be warm the rest of his life". > > > > 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.) > > > > "You don't pay taxes - they take taxes." > > ~ Chris Rock~ > > > > "no cause is lost if there is but one fool to fight > > for it" > > ~Will Turner~ > > ~Pirate's of the Caribbean @ World's End~ > > > > Save your property rights > > www.mo-cpr.org > > > > http://www.radiofreeliberty.com > > > > > > > > -- http://votetom4council.webs.com/ http://417-political-pundit.blogspot.com/ www.moliberty.org "lite a fire for a man he'll be warm for a day, lite the man on fire and he'll be warm the rest of his life". 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.) "You don't pay taxes - they take taxes." ~ Chris Rock~ "no cause is lost if there is but one fool to fight for it" ~Will Turner~ ~Pirate's of the Caribbean @ World's End~ Save your property rights www.mo-cpr.org http://www.radiofreeliberty.com --~--~---------~--~----~------------~-------~--~----~ This is a Free Speech forum. The owner of this list assumes no responsibility for the intellectual or emotional maturity of its members. If you do not like what is being said here, filter it to trash, ignore it or leave. If you leave, learn how to do this for yourself. If you do not, you will be here forever. -~----------~----~----~----~------~----~------~--~---
