There is an Attorney Opinion saying that a privilege tax is legal.
Really now?
I beg to differ with you former Mayor.
You imposed this tax under your term.
Maybe you should have argued your case before the Courts first?
Because all this so called opinion our former Mayor keeps throwing around tells me, is that under the law it is unlawful and it needs to go before the courts to make a ruling.
And it is clear that a privedge tax is not legal under the law.
But I guess you need to understand that a distribution fee and a privledge tax are the same thing.
The only thing this City can do is go before the courts to see if they can take from the surplus earnings and that is it.
But a privledge tax the City cannot impose on itself.
Cody
18 comments:
Want to watch the City Attorney back away for lack of information?
Go to youtube
Search codysteelman1
Look for the June 14, 2010 video part 1 and 2 and see for yourselves.
Cody
If you wanna see something really scary, look at what the city paid for having legal council that would rubber stamp every scheme Seeger could come up with.
R-012609-1 (020909 council packet) is another example of the integrity of Lorang, Masters, Seeger and this attorney. Take a look at this resolution that directly violates the citizen referendum, it creates a new charge and then proceeds to increase the charge at the same time.
This is how Lorang, Masters and the like are going to get into your pockets, increase this tax without our approval. They have already done it once and are planning to do it again. It has come up twice in the last 2 months, once by Seeger and once by Webb.
Is this part of the right of way fee?
Or is another percentage of our utility earnings being stolen?
No, it's another one.
I remember someone saying that everyone should behave because we might scare Nestle off, now that person is involved in trying to recall the council and raise fees without controls. I'm sure this won't worry 'em a bit.
If you read the letter from the attorney that Cody has on this blog, the attorney is answering a question about the construction of the fire hall. Whether the city can have a franchise fee for the purpose of paying for the construction of the building. However they created the franchise fee and it never went to pay off the fire hall. How did Brad and Bernard manage a new fee/tax without a vote of the people? Make sure you vote in the special election to keep this city council (except for Lance) and not let the old administration back in!
Also keep in mind that the only loophole the attorney could thought he found was the use of surplus funds.
Surplus funds are unexpected funds earned after the rates are set annually in accordance to the law.
Now this is the law for setting those rates and I would like to know how the attorney expected to get around this, as well as the Federal Electricity Regulatory Commissions laws which these State laws have to follow, not to mention this City has never set the rates in accordance to the law to begin with?
ORS 225.230 Rates set in accordance with estimates of annual expenses. (1) The officer referred to in ORS 225.220 shall annually before January 1, make a written estimate of the probable expense of maintaining and conducting the electric light plant or distributing system during the next ensuing year, including the cost of any contemplated alterations, improvements, additions or extensions, together with the probable amount necessary for redemption of any unpaid warrants and the interest thereon, as well as the amount required for payment of interest and maturing principal on any outstanding bonds of the city issued for or in connection with any such electric light plant or distributing system.
(2) The officer shall thereupon ascertain and prescribe as near as can conveniently be done an electric current rate or rates for the ensuing year which will create a fund sufficient to meet all requirements in subsection (1) of this section.
(3) The officer may also include a further amount sufficient to create such fund, as in the judgment of the officer may be desirable or necessary to meet requirements of future contemplated additions, improvements or extensions to the plant or system.
My question is how you set the rates to give these kinds of surplus dollars, unless of course the intent is to use the utility funds for other municipal uses in violation of the law to begin with?
Because at that point it became a conspiracy to defraud the rate payers as I see it.
Could this be why they refuse to set the rates in accordance to this law?
After all if they set the rates in accordance to the law, the rates will go down and the fund will not have enough surplus funds left to steal, because the rates will be set for the cost of the specific electric utility and not for any other municipal purposes.
So Former Mayor Lorang, why am I reading an email you replied to in the past, thanking me for reminding you that the rates had to be set in accordance to this law, by January 1st of each year, yet you did not even make this an agenda item?
Since you knowingly and intentionally violated this law, I would believe the citizens are due a refund for the overpayments in our inflated rates for all other municipal purposes, all in violation of the law.
Does that constitute the crime, abuse of public office?
Cody
latest council meeting, is it up online?
It is still going through copyright check at this time.
I have the youtube link to the video and if it is not finished by the early morning, I will just put the link up then.
Cody
Thanks I will just go to your youtube page and watch it there.
To all you "citizens" playing at politics and showing up to chastise and insult the City Council, meeting after meeting after meeting:
You're boring, you're repetitive, you're disrupting business that the rest of us want and city staff needs to have done.
The Council sits there politely and listens to you. They spend a lot of time listening to you. You keep telling them they are not listening to the citizens, forgetting that your hole-in-the-fence gang are not all the citizens.
They are listening to you as are the rest of us. They are just not paying attention to you.
Wait, wait, these are service personnel, brave firefighters that risk their lives? What a bunch of whiny little babies.
Waaah, I don't want to go out if the truck isn't checked by my special friend, Jeffie, Waaah, I don't want to respond if my special friend is not in charge, Waaah, I'm scared of the big mean Cody. 'Cause he doesn't like us doing things the wrong way. Waaah, we don't want Zerfing in charge because we don't like him trying to do what's right for the city instead of what's right for us. Waaah, we need three captains of course that leaves what? six people that the three are in charge of? Gonna divide them up so you each can boss around two others? Look, look, I'm important and I won a popularity contest. Jeesh, what a batch of retards. Maybe they can cry a fire out.
So Mrs. Storm, so timid and scared of us: where does this say it is Bruce, except in your dim, little, crowd-following brain?? Seems to be referring to Jeffie Rock-Star to me.
Anonymous said...
A firefighter died and went to hell where he finds a wall of clocks.
After seeing all these clocks on a wall, with his friends names under them, he asked the devil, what the clocks mean?
"That's easy, each time one of your friends mess up on earth, their clock speeds up one hour." says the devil.
"I don't see the Chiefs clock anywhere?" the fireman says.
The devil replied, "Oh him, we have his down in the basement, we're using it for a fan."
I believe Tina, Brad, Rob, etc. should make a recording & play it at a Council meeting. It is the same lies and garbage each time, so save your breath & our ears. You have done your best to corrupt and tear this town in half. You have disrupted the Council meetings & then complained because they are not getting anything done. Well, shut up & they will have more time to straighten out the mess you left. Shame on you all as you only have yourselves to blame for the hurt, discontent and the bad publicity for our town. Your lies and half truths are shameful.The present Council was dealt a bad hand in January and are still wading through all of the mess financially & otherwise. They don't get paid and serve to help the community. Then they have to put up with the disrespect from the corrupt past leaders. Support your Council and show the discontents that the town means more to you than they do.
While it may be a bit of a catharsis to point out the dishonesty of the New Faces clan, don't think for a minute they will ever be able to accept responsibility for their own actions, regardless of how clearly they were responsible.
"There were no problems when I was mayor", right.
Bernard didn't quit, he was forced out!
Morgan didn't quit, he was forced out!
Pricher didn't quit, he was forced out!
The volunteers didn't quit, they were just repeatedly collectively otherwise occupied.
The whole "bring the city to it's knees" routine of engineered resignations and non-response are justified because this town needs their superior intellect, regardless of their past performance, regardless of the cost. There are no limits, literally. Endanger life and property in the pursuit of "power", no problem, this town owes us authority.
Lie to the majority to protect a few from responsibility for their own actions? Absolutely! It's the right thing to do!
They are out for anything and everything they can get for themselves and their cohorts, the cost to the rest of society it completely irrelevant.
Don't believe there are people truly that egocentric? Just talk to any one of them, they'll tell you to your face. They hate anyone who doesn't recognize and respect their omnipotence and infallibility. Again, regardless of their past performance.
Just bloging.GH
This Council is about as much use as a Betamax video recorder. The four must have been born on a highway because that's where most accidents happen. In the words of Groucho Marx, "He may look like an idiot and talk like an idiot but don't let that fool you. He really is an idiot."
The amazing thing about Cody Steelman is that no city administrator ever took him seriuos. Cutting and pasting sections of the Oregon Revised Statutes only means you can operate a mouse without a brain.
How can anyone take you seriuos?
You can’t even spell serious.
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