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Friday, April 9, 2010

Nixa Voters Will Vote on Becoming a Home Rule City Tuesday - By Tara Muck Springfield News-Leader

Nixa -- On Tuesday, Nixa voters will get a chance to become the 41st
city in Missouri to adopt a home rule charter.

If approved, the city of Nixa will go from being a fourth-class city
to a home rule city -- creating a structured government that gives
more power to the residents.

The system has become an alternative to the more popular city
administrator plan, which Nixa and Ozark currently operate under.

Home rule gives citizens greater self-government -- allowing them to
make local decisions instead of relying on the state legislature, said
Gary Markenson, executive director of the Missouri Municipal League.

The state legislature establishes laws for specific class cities. But
home rule cities can decide not to follow specific laws -- instead,
creating and passing their own.

For example, home rule cities can make their own ordinances regarding
elected officials, such as their duties, the number of council members
and the length of their terms.

"The idea of a (home rule) charter is the people of the community can
devise their structure of government better to fit Nixa than the state
legislature can do to apply fourth-class cities all over the state,"
Markenson said.

It appeals to some Nixa residents.

"If that means the people have more choices on what's going on, I'm
for that," said Vivian Hughes.

Referendum

A home rule charter offers residents many opportunities to have a say
over what happens in their city.

One of those is the initiative, referendum and recall article, which
was drafted into Nixa's home rule charter.

It's one issue Loren Winter, chairman of Nixa's home rule charter
committee, said stands out to him.

"(It's) the most empowering piece, in my opinion, in the whole
document for the general citizens," he said.

Under home rule, the initiative authority allows citizens to propose
ordinances to the council, and if the council fails to consider or
adopt the ordinance, the residents can send the ordinance to voters.

The referendum authority allows residents to require the city council
to reconsider any adopted ordinance, and if the council fails to
repeal it, residents can ask voters to decide.

Residents dissatisfied with elected or appointed officials can ask
voters to remove them from office under recall authority. Elections
would cost the city each time, though Winter said he wasn't sure how
much.

But it's the article's ability to provide more power to the city
residents that concerns Nixa resident Lois Helderman.

"I have mixed emotions about it," she said. "It all depends on how the
people use that power.

"It gives us more say, and I appreciate that. That's a very good
thing. But I worry it will bring more trouble to the city," she said.

Winter said he's not concerned that it could be abused.

For an ordinance to be considered by voters, it would take the
signatures of 7 percent of the total number of qualified voters
registered to vote at the last regular municipal election. It would
take 10 percent to sign a petition to recall an ordinance or removing
an official.

"As citizens, people need to educate themselves on whether or not
those issues are important enough (to go to election) because there is
going to be a city cost," Winter said.

"Common sense, generally, is going to drive these issues, and most
people are not going to be able to obtain enough signatures to get
something on a citywide ballot that isn't going to have merit."

Markenson said many times he sees cities opt for home rule charters
because of the initiative and referendum powers.

But there are other cases when the current structure is no longer
suitable, mainly due to growth -- something Nixa has experienced in
the last decade.

"The structure that suited Nixa 20 years ago, is it still appropriate
today? I don't know. That's what the community has to determine,"
Markenson said. "If it is appropriate still, the only way to keep it
or not have it change (by state legislature) is to have it in the
charter."

Other proposed changes are:

- Allow voters to ask that certain ordinances be adopted, rejected or
reconsidered through a municipal election;

- Allow voters to remove an elected official through a municipal election;

- Allow city to determine local taxation;

- Change "aldermen" to "council members" and "wards" to "districts;" and

- Change mayor term length to three years and councilmen to staggered
three-year terms

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