Opinion sought from attorney general in tax dispute

The legal question of whether Cape Girardeau County owes the city of Jackson road and bridge tax revenue has been sent to the state's attorney general for a ruling.

The Jackson Board of Aldermen received a copy of the attorney general opinion request Monday night after having already approved the measure at an earlier meeting. The city of Jackson, Cape Girardeau County and Cole County have submitted the opinion as a joint effort.

The issue stems from a September memorandum sent by Gary Markenson, the director of the Missouri Municipal League. Markenson's memo said that some city officials may not have been aware of a state statute that says that first class counties without a charter form of government must spend at least 25 percent of the county road and bridge tax raised from property within the city limits for the repair and improvement of existing city streets and bridges.

The city of Jackson has taken that position.

The county's position is that there are two types of road and bridge taxes in the Missouri Constitution as it pertains to this issue. The constitution authorizes the county to levy a tax to be collected and turned into the county treasurer to be used for road and bridge purposes. The second provides for an additional levy to be collected for the roads and bridges of an authorized district, a levy that has to be approved by voters and can only be levied for one to four years.

The county says the 25 percent figure only applies to the additional, temporary levy.

No ill feelings

Jackson Mayor Paul Sander said the city owes its residents to see whether they are entitled to such tax dollars -- estimated at $75,000 to $80,000 per year -- but added there are no ill feelings toward the county over the matter.

"This is not adversarial," Sander said. "We've got a great rapport with the county, but the county disagrees so we've agreed to ask the opinion of the attorney general."

Sander said the city would not challenge the attorney general's opinion.

In other business:

The Crawford Bunte and Brammeier Traffic and Transportation Engineers submitted their final version of its traffic study Monday night. The study addresses Jackson's short-term and long-term traffic needs, costs, funding mechanisms and planning and engineering guidelines. The study took 14 months to complete. The board will likely adopt the plan in the next few months as part of its overall street plan.

The board of aldermen also approved motions accepting the resignations of Allen Hill and Gerald Stoverink from the Zoning Board of Adjustment and approved the mayor's appointment of Bill Engel to the same board.

The board accepted the dedication of temporary construction easements from Kenneth Evans, John King III and Sheila King; and the dedication of street right-of-way to John King III and Sheila King as part of the South Shawnee Boulevard improvement project.

The board held a closed executive session for litigation, personnel and property purchase.

bmiller@semissourian.com

243-6635