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CLOUDY Temp: 61 °F Wind: WNW at 5 mph Monday, September 29, 2003 SECTIONS Home Page Local News Sports Business Obituaries Life Opinion - Politics AP News Weather Classified Archives Site Map EXTRA HomeLife Magazine Joy Magazine Tempo A & E RogueValleyAutoFinder RogueValleyHomeFinder Real Estate Showcase Wellness Connection Newspaper in Education Prime Times Outdoor Journal Personals Movie Times TV Times E The People CLASSIFIEDS Find a Car Find a Home Find a Job Find Everything E SOUTHERN OREGON Automotive Communities Entertainment Publications Recreation Calendar ABOUT US FAQ What's New Advertise Home Delivery Classified Ad Employment Contact Us Media Kit Email Story to a Friend September 10, 2003 J’ville fights suit over safety surcharge By SANNE SPECHT Mail Tribune JACKSONVILLE — The city is defending itself in a lawsuit filed in Oregon Tax Court by property owners who claim the new $15 public safety surcharge is an unconstitutional tax. Revenues from the surcharge, about $230,000 a year, will purchase a fire truck and help modernize the fire station as well as provide operating funds to the police and fire departments. The 17 plaintiffs, represented by attorney Karen Williams of Lane Powell Spears Lubersky in Portland, say the 4-month-old surcharge is an unconstitutional tax proposed by a local government and therefore illegal under Measure 50, which consolidated all levies in 1997. Williams, the daughter of plaintiff Al Reiss, who owns developed residential property in the city’s surcharge area, says her clients are not willing to accept "new taxes without a vote." Advertisement Williams’ complaint alleges the surcharge was illegally omitted from the calculation of the Jacksonville tax rate. If included, she states, the tax rate would exceed the amount the city is authorized to impose under the Oregon Constitution and statutes governing taxes. Jacksonville held both an executive session and a special council meeting Monday to address the pending litigation. In the four-minute meeting, the council voted unanimously to allow City Attorney Kurt Knudsen to spend money defending the city. Members also voted to lay off two seasonal firefighters and discontinue three intern positions after their contracts end in the fall. Council members added they also would discontinue interviews for a new fire department operations chief until the issue is resolved. Finally, the council instructed staff to do some "housekeeping" to modify the ordinance’s language. "We want to make some minimal language changes which Kurt will be preparing," said City Administrator Paul Wyntergreen. The council unanimously voted in favor of the $15 monthly fee twice at its April 1 meeting. Members said the ordinance was approved in one meeting because of the urgent need to find a stable funding source after a $2.8 million fire levy was defeated in November. The surcharge, which began going out with residents’ monthly water bills in June, has been controversial since its inception. Several of the plaintiffs spoke in opposition at the April 1 meeting. Some, including Carol Knapp, questioned its legality. The surcharge was the third and most costly funding option proffered by Dick Ames of the Public Safety Committee. Ames had lobbied to defeat the fire levy, stating it was too expensive for the city. Ames and other levy opponents came before the council and offered to find alternative funding options. A restaurant tax was originally offered but strongly opposed by local business people. Reach reporter Sanne Specht at 776-4497 or e-mail [email protected] . Printer Friendly Version Email Story to a Friend Subscribe Archive: Click to Search Mail Tribune Home Local News | Sports | Business | Obituaries | Life Opinion - Politics | AP News | Archives | Site Map E Southern Oregon | Classified Copyright © 1997-2003 Mail Tribune. All rights reserved. Privacy Policy | Terms & Conditions Website Feedback A D V E R T I S E R S SPECIAL SECTIONS Rogue Valley Auto Finder Rogue Valley Job Finder --> Rogue Valley Home Finder Joy Magazine Homelife Magazine Tempo Real Estate Showcase Food for Thought Hike of the Week Wellness Connection Outdoor Journal Moving to Southern Oregon? Volunteer Openings Prime Times