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As Budget Vote Nears, Ministers Claim Fee Is Unconstitutional

POSTED: Tuesday, September 25, 2007
UPDATED: 10:11 pm EDT September 25, 2007

As the City Council prepares to finalize a budget containing cuts and new fees at its meeting Tuesday night, those opposed to the parts of the plan continue to speak out, with the latest argument claiming that charging churches for storm-water runoff would be unconstitutional.

"(We are) against the taxation of churches, and we want this community to know that we strongly stand against this decision that the mayor and the City Council has made," the Rev. C. Edward Preston said at a Tuesday morning news conference.

Some area churches and nonprofit organizations say that as tax-exempt organizations, the fees will be a burden on them. Church members picketed outside City Hall Monday night, and more are expected Tuesday evening.

"If you allow them to put one foot in there, then they suddenly put two, so we are very suspect of this particular tax," the Rev. R.L. Gundy said.

In reaction to the 11th-hour opposition by the churches, Mayor John Peyton has offered a plan under which churches would only have to pay 50 percent of the fee.

At Monday night's meeting, City Council hoped to approve the individual pieces of the budget. While the members approved the controversial $3 per month household garbage-collection fee -- down from the $5 monthly fee Mayor John Peyton proposed -- other tough choices remain, including the storm-water fee and a surcharge on utility bills.

One councilwoman said her proposal to cut funding to the Jacksonville Children's Commission brought a threat on her life.

Councilwoman Glorious Johnson said she may ask the state attorney's office to investigate treats she received after suggesting that cutting the Children's Commission might allow the council to avoid adding fees.

Johnson's proposal did not pass.

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