A quick reminder: Carroll County Quorum Court will be meeting on Monday, April 16, 2018 at 5:00 p.m. at 210 W. Church Street in Berryville, Arkansas 72616. Here is their meeting agenda. Be sure that you attend this meeting!
They will be discussing the burdensome NABORS Landfill trash tax/”service fee” about which you’ve been reading (especially if you’ve been receiving our email alerts!) AND for which YOU will be paying unjustly, if nothing changes! The county court needs to pass the “RESOLUTION EXPRESSING DISAPPROVAL AND NON-PARTICIPATION CONCERNING THE SOLID WASTE ASSESSMENT ON CARROLL COUNTY PROPERTY OWNERS“.
The bottom line is that this $18 trash tax/”service fee” is not only unjust, but it is also unconstitutional because of lack of jurisdiction!
The local meetings that have been held throughout the affected counties recently have yielded up nothing!
Many of the same County Judges and Mayors supporting the illegal $18 trash tax fee are also board members of the Ozark Mountain Solid Waste District AND the Northwest Arkansas Economic Development District!
The JP’s are in control to vote the wishes of the people, represent their districts, and STOP this trash tax/”service fee” which was added to the property tax statements of the people in the affected areas. THAT MAY BE YOU!
The Justices of the Peace (JP’s) in each of the affected counties can put a stop to this illegitimate trash tax/”service fee” once and for all, by passing the constitutional resolution hyperlinked below. Reminder: they have exclusive jurisdiction! It can be effectively settled for your county and the property owners if a JP will sponsor the resolution and the county court will pass the constitutional resolution. Newton County already passed the proper constitutional resolution this month!
Regarding Exclusive Original Jurisdiction, the following is a quote from the Carroll County Judge’s Office:
The county court, in fact, is the county judge sitting in a judicial role. The county court of each county has exclusive original jurisdiction in all matters relating to
- County Taxes: Including real and personal ad valorem taxes collected by county government. The county court’s authority in this area includes jurisdiction over the assessment of property, equalization of assessments on appeal, tax levies, tax collections, and the distribution of tax proceeds.
- Paupers: The court’s jurisdiction includes all county administrative actions affecting the conduct of human services programs serving indigent residents of the county where such services are financed in total or in part by county funds.
- Jurisdiction in each other case that may be necessary to the internal improvement and local concerns of the respective counties including county financial activities and works of general public utility or advantage designed to promote intercommunication, trade and commerce, transportation of persons and property, or the development of natural resources, which are not otherwise transferred to the county judges to be administered in an executive capacity.
The following County Court definition comes from the Glossary of Terms on page 120 of the Arkansas County Judge’s Procedures Manual:
COUNTY COURT – The County Court shall be a court of record and shall keep just and faithful records of its proceedings. County Court has exclusive original jurisdictionin all matters relating to county taxes, paupers, apprenticeship of minors, and jurisdiction in each other case that may be necessary to the internal improvement and local concern of the county. The county court, in fact, is the county judge sitting in a judicial role. (A.C.A. § 14-14- 1001)
[Red font, Secure Arkansas’]
Concerning Pulaski County Circuit Judge Tim Fox’s court ruling, the circuit court ERRED and chose to ignore this part of the code of Arkansas Code Ann. § 8-6-714(d):
for which the board makes solid waste collection or disposal services available.
This is the complete Arkansas Code Ann. § 8-6-714(d):
d) The board may levy a service fee on each residence or business for which the board makes solid waste collection or disposal services available.
(Secure Arkansas Note: For the Board to be able to assess the $18 fee, they MUST make solid waste collection or disposal services available. The COURT did NOT provide any services for this $18 fee, thus the charge should be Null and Void and removed from taxpayers’ tax statements immediately!)
JP’s, don’t let attorney Geoffrey Treece (the Receiver), John Verkamp (the attorney for Ozark Mountain Solid Waste Management District), or David Ethredge (prosecuting attorney for the 14th Judicial District) intimidate you! And don’t listen to their rhetoric. The legislators will need you, the JP’s, to pass this strongly-worded, constitutional resolution in your county courts so they may work on legislation at the Capitol to disapprove of and not participate in this trash tax/”service fee”!
Carroll County Judge Sam Barr: 870-423-2967
(Howerton will be sponsoring the resolution.)
In closing, Secure Arkansas wants to let you know that Extortion in Arkansas, Part 8 will be coming soon.
Stay aware, stay involved, and stay vigilant… and remember to stay tuned!
And, as always, FOLLOW THE MONEY!
Remember: eternal vigilance is the price of liberty.
As always, you can find our email articles posted on our website: SecureArkansas.com. The Search box is a handy tool. For more information about a topic (such as FLUORIDE), just type it into the Search box on our website, and click Enter!
Securing the blessings of liberty,