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Changes Proposed That Will Affect the Citizen. DANGERS POINTED OUT. City Council Given Absolute Power to Have Streets Repaved—Change in Light Contracts. The prosperity of the citizen is to a considerable extent affected by the laws governing municipal affairs. The interest of the tax payer is involved, and when the taxpayer is burdened, harassed and hampered, the whole com munity suffers. The present general assembly is charged with the work of revising the statutes and a bill has been prepared making several important changes in the law governing cities of the third class, Hon. O. M. Barnett has furnish ed a copy of this bill to several of his constituents with the request that they give him their opinion on the proposed changes. Mr. W. F. Hansberger, who is perhaps as well qualified as any man in Sedalia to pass upon munic ipal matters, has gone over the bill carefully and noted several un wise and dangerous innovations and changes that are proposed to be made. These dangers he has pointed out in a letter to our representative which the Democrat is permitted to publish. It follows: MR. HANSBERGER’S LETTER. SEDALIA, Mo., March 14, 1899. Hon. O. M. Barnett, Jefferson City, Mo. Dear Sir .—According to prom ise I herewith submit to you my criticisms on senate bill No. 252, relating to the organization and government of cities of the third class. Page 6, section 15, says the city clerk shall be elected by the council. Page 3, section 23—City Clerk, Appointment, Term of Office— Says the mayor shall appoint the city clerk subject to the confirma tion of the council and his term of office shall be for two years. This is a contradiction. It is immaterial whether the city clerk be elected by the council or appointed by the mayor and confirmed by the council, Page 20, sec. 58, line 11, states that a discount of three per cent shall be allowed on all taxes paid prior to December 1st of the year for which they are due and pay able. We think that this should be stricken out, as our constitu tional limit is now sixty cents on the $100. We would prefer that all taxes be made due and payable the 1st of December, but it will answer the same purpose to strike out this part of section 58. Page 23, sec. 66, line 22, says the mayor and council shall have power by ordinance to issue bonds in renewal of other bonds which have been issued by authority of a vote of the people. There is no objection to this, but we would like to have authority, if it can done, to issue renewal bonds to take up any other bonds we may have by submitting the matter to a vote of the people. Page 39, section 92, requires the contract made with any company to furnish water to be ratified by a majority of the qualified voters. This is as it should be. But page 38, section g1, gives the council power to make con tracts for lighting the streets with out said contract being ratified by a majority of the qualified voters. Either one of two things should be done. The contract should be sub mitted to the people for their rati fication, or the council should be compelled to advertise for bids for lighting the streets and should be compelled to award said con tracts to the lowest and best bid der. The charter should also limit any lighting contract to five years, as electricity is getting much cheaper every year, hence cities at the end of five years are likely to get much cheaper bids. Page 40, section 93, grants the privilege to levy a ‘‘special public sewer tax.’’ Now, this does not benefit us, as the cities would be much better off to put the whole levy of sixty cents in the general expense fund, and then to appro priate it where it is most needed. Page 40, Sec. 94, states that the council shall have power to cause sewers to be constructed, etc., when a majority of the property holders petition therefor, or, when ever the council shall deem such sewer necessary for sanitary or other purposes This gives the council too much power. We think it should be changed and the coun cil should be compelled to publish a resolution, declaring such sewer necessary and give the property owners the same rights to remon strate as in the paving of streets, provided, however, when the board of health of any city shall come before its council and declare that such sewer is necessary, then, two thirds of the members elected to the council shall have power to or der such sewer, assess taxes, etc. When such important matters are left to five members of the council it is frequently the case that con tractors can cause sewers to be built that are not necessary, and are not wanted by the people. Page 51, section 108—Construc tion, Reconstruction, Repairs, etc. Declares that the council can, by resolution, published in the paper doing the city printing, declare it necessary to pave any street or alley, and unless a majority of the resident property holders remon strate, the council can advertise for bids, let such contract and assess the cost to the abutting property. This is just and fair. But sec tion 109, page 52, line 2, it seems to me, annuls it, by stating that if the council shall by ordinance find and de clare that the resolution, provided for in the proceeding section of this article has been published as therein required, and that a major ity of the resident property owners of the property liable to taxation therefore have not filed with the clerk a remonstrance against the doing of said work, such funding and declaration shall be conclusive for all purposes, and no special tax bill shall be held invalid or affect ed for the reason that such resolu tion was not published as therein required, or, that a remonstrance sufficiently signed was filed therein. Page 52, sec. 108, line 27, states that no formality shall be required to authorize the repairing of a street, or other paving, curbing, guttering, macadamizing or a part thereof, or reconstructing the same and making assessments therefor; but the proper officer or officers or committee on improvements may, with or without notice, as author ized by ordinance or resolution, cause such work to be done, keep an account of the cost thereof, and re porting the same to the council for assessment, and each lot or piece of ground abutting on such street, avenue or alley, or part thereof, shall be liable for its part of the cost. The power given city councils in sections 108 and 109 has evidently been suggested by paying con tractors, and is certainly in their interest. It is entirely too much power to leave in the hands of so few men. It will certainly be abused and in many instances property will be actually confis cated to satisfy the avarice of pay ing contractors. We are a firm be liever in the doctrine that all power is derived from the people, and leg islators can make no mistake in submitting such matters to a vote of the men who pay the tax. Sec. 109, from line 3 to 12 in clusive, gives the council power by simply declaring a falsehood to en able contractors to collect money for illegal paying. It is not wise for legislators to throw too much temptation in the way of city of ficials, for they are all human, and it is much better to keep them out of the way of temptation. Rather than allow these obnox ious sections to be passed, I would defeat the whole charter and take my chances with the present one. Very truly yours, W. F. HaNnspercer,
Newspaper Details
Sedalia Evening Democrat
Sedalia, Missouri, US
Tue, Mar 14, 1899
Page 9
Full Page
Clipped by
Charity W.
USA 27 Jun 2026
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