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Post by swervinmervin on Jul 30, 2012 10:15:05 GMT -5
Per tweet from Lisa Halverstadt, court hearing is at 10 local time (pacific), 1 ET and 12 noon Winnipeg time.
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Post by swervinmervin on Jul 31, 2012 17:21:37 GMT -5
Judge rejects petitions for Glendale sales-tax initiative 41 commentsby Lisa Halverstadt and Allie Seligman - Jul. 30, 2012 05:20 PM The Republic | azcentral.com . Glendale voters won't get to weigh in on a city sales-tax hike, a Maricopa County Superior Court judge ruled Monday. Judge Robert Oberbillig ruled that a description of a proposed initiative backed by a group of business leaders was misleading and that the Glendale City Clerk had the right to reject the petitions. Read the ruling The decision follows morning arguments by attorneys for Glendale and the anti-sales tax group, Save Glendale Now. Earlier this month, the city rejected the group's 4,138 petition signatures on the grounds that the description was misleading, the petitions were untimely and the group did not include a required serial number. Oberbillig rejected the latter arguments in his Monday ruling. The ruling could bolster the city's deal with a likely Phoenix Coyotes buyer. The city's 0.7 percent sales-tax increase, which will go into effect Wednesday, is expected to bring in about $20 million this year. City officials who supported the increase said it was essential to avoid severe budget cuts. Interim City Manager Horatio Skeete had said the city might have to consider whether it could afford a planned $17 million arena management fee to Coyotes suitor Greg Jamison if the sales tax increase did not take effect. Check azcentral.com for updates. Read more: www.azcentral.com/community/glendale/articles/2012/07/30/20120730glendale-sales-tax-initiative-rejected.html#ixzz22F3jfYwy
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Post by swervinmervin on Jul 31, 2012 17:29:51 GMT -5
I had a very brief look at the 3 arguments that the CoG put forward as the reasons that the petition is disqualified. The first argument, I have no information or ideas on. It is a question of fact. If the petitions didn't have this "seal" or whatever, maybe that is an issue. For the second argument or reason, it looks to me like the petition itself was very badly worded. Instead of a direct statement challenging the tax, it went into a rambling, hard-to-understand statement with double negatives. For something as simple as opposing a tax increase, it has to set a new standard for poor writing. For the third argument, **IF** the legal reference is correct, the petitioners are dead in the water. The third argument is that the relevant law says that you can't have a petition that is less than 4 months away from a city election. Unfortunately for the petitioners, that election is less than 4 months away - on August 31, 2012! The third argument is the killer - again, if the legal reference is correct (I haven't checked it, and I'm not a lawyer anyway). And, unlike some people, I really do understand the point behind this rule, if it exists. From a public policy perspective, why have a petition when you can just express your views directly through your general election vote? Otherwise, you could have open season where every issue is subject to a petition, instead of resolving issues the normal way in an election campaign. My guess at this point is that the petitioners might not have done their legal homework. I guess we'll find out soon. As an aside, I didn't realize that the election was in August. For some reason I thought it was later in 2012. If it is August, how stinky is it that this deal gets rammed through in a lame duck administration, less than 3 months away from an election, with the elected mayor not even running for re-election, and almost every new election candidate expressing their opposition to the deal? Stinky. Maybe the 4 month rule explains why they waited till the last possible minute to do this, and after the SC playoffs were over. Anyway, next up on our show is a hockey executive who want to be the owner of the Arizona Coyotes! Please give it up for GRRRRREEEGGGGG JAAAAAAAAAMISOOOOOOOONNNNNN! (Wild studio audience cheering on cue). HOST: Sooooo, Greg, do you have the money lined up to buy the Coyotes next week, now that these pesky petitions have been swept under the rug?" GJ: Well, Mr. Host, as you know, we have been working very hard to complete our financing, and we anticipate bringing this forward in the near future, although I don't want to start the game of putting dates on things............. Sooooooo, the court found that (a) the city clerk had the authority to reject the petition; (b)(1) argument #1 (see above)was not a problem for the petitioners - the serial number was getting a bit too picky for this judge; (b)(2) argument #2 was the one that killed the petition. Basically, the petition was badly worded to the point that it was "misleading" according to the judge; (b)(3) argument #3 was not valid per the judge. So, basically, the petition failed because it was misleading. This appears to be based on the rambling preamble to the petition, in which it said that the city of Glendale had "reversed" something. Like I said a while ago in my previous post, this petition has to set some kind of a standard in poor business writing. It really just had to say that the petitioner's opposed to the proposed sales tax increase. By rambling, it opened itself up to the argument that it was "misleading" - which the judge agreed with. I guess we'll have to wait and see if it will be appealed. But I think that this court case loss must really take the steam out of the attempts to oppose the tax increase! And.......it's back to our regularly scheduled programming, with GREGGGGG JAAAAMIIIISONNNNN!
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Post by swervinmervin on Jul 31, 2012 17:33:46 GMT -5
www.theglobeandmail.com/sports/hockey/globe-on-hockey/nhl-to-renew-phoenix-arena-deal-for-another-month/article4451459/DAVID SHOALTS The Globe and Mail Published Tuesday, Jul. 31 2012, 10:23 AM EDT Last updated Tuesday, Jul. 31 2012, 10:23 AM EDT Glendale city council will be told Tuesday at an in-camera meeting that the NHL will renew its operating agreement for the Phoenix Coyotes arena for another 31 days as part of its effort to unload the financially crippled team. The agreement, which was already extended after its original expiration date of July 1, ends at midnight Tuesday. John Shannon of Sportsnet reported the deal will be renewed for another 31 days. This is the latest move to keep in motion the halting efforts of Greg Jamison to put together a group to buy the Coyotes. The former president of the San Jose Sharks has been trying for months to raise the $170-million (all currency U.S.) the NHL wants for the Coyotes. The Phoenix Business Journal recently reported Jamison is still $20-million short of the purchase price.Two legal hurdles were cleared recently when petitions that could have seen the $324-million, 20-year lease for Jobing.com Arena overturned were rejected. Jamison needs the money from the management fees in the lease to attract enough lenders and investors to complete the sale. Glendale city council, which is on its summer hiatus, was summoned to an in-camera meeting Tuesday to deal with the matter, according to city spokeswoman Julie Frisoni. The councillors will receive an update on the sale and the NHL`s intentions from the city manager and a city lawyer as well as advice about what to do next. But if the NHL is stuck with the Coyotes for another year it is unlikely to receive $25-million from the city for “arena-management fees” this season. The city simply does not have the money and both candidates for mayor as well as many candidates for council seats are opposed to further payments for the team.
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Post by swervinmervin on Jul 31, 2012 17:42:10 GMT -5
www.bizjournals.com/phoenix/news/2012/07/31/glendale-meeting-with-nhl-to-extend.htmlGlendale meeting with NHL to extend Phoenix Coyotes deadline Phoenix Business Journal by Mike Sunnucks, Senior Reporter Date: Tuesday, July 31, 2012, 11:05am MST Mike Sunnucks Senior Reporter- Phoenix Business Journal Email | Twitter | Facebook The Glendale City Council will hold private meetings this afternoon with the National Hockey League asking the NHL to extend the city’s operating deal for the Phoenix Coyotes and Jobing.com Arena. The city is asking for an extension of one month. “We have extensions from the NHL and will be discussing today with council in executive session,” said city spokeswoman Julie Frisoni. Frisoniwouldn’t get into more details about the extension. The NHL has owned and operated the Coyotes since 2009. Glendale is slated to pay the NHL $50 million for the league having operated the arena the past two seasons. The NHL extension Glendale is considering today could be a move to give prospective Coyotes buyer Greg Jamison more time to close his purchase of the team. Jamison has been trying to secure investors and the money necessary to buy the team from the NHL and keep it in the Phoenix market. This move could be a precursor to the NHL running the team one more season while a sale is being finalized. There are indications that even if Jamison’s bid falters or remains in limbo that the NHL could operate the Coyotes next season in Glendale. The NHL season starts in October and it’s likely too late for the team to be relocated to a new market. The city has allocated $17 million in its next budget for arena operations.
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Post by swervinmervin on Jul 31, 2012 17:43:10 GMT -5
Mike Sunnucks þ@mikesunx #NHL asking COG for 1-month extension to run Coyotes/arena. More time for Jamison or leading up to another league-run season in PHX?
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Post by swervinmervin on Jul 31, 2012 17:44:44 GMT -5
L.A. Lariviere þ@L_A_theRiver I can confirm that Doan had a conversation with Jamison on Saturday concerning #Coyotes future. Jamison asked for more time and less "noise"
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Post by swervinmervin on Jul 31, 2012 20:19:56 GMT -5
David Shoalts @dshoalts Was going to finish off night by posting link to my latest Phoenix Coyotes story. But to hell with it. No sale yet is all you need to know.
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Post by swervinmervin on Aug 2, 2012 18:37:45 GMT -5
Opponents of Glendale sales-tax increase aim for appeal in judge's ruling 19 comments by Lisa Halverstadt - Aug. 2, 2012 12:30 PM The Republic | azcentral.com A business group behind a proposed ballot measure that aims to reverse a Glendale sales-tax hike is seeking an appeal days after a judge ruled their initiative would not appear on the November ballot. The group, known as Save Glendale Now, said in a Thursday release said it had filed a notice of appeal with the Arizona State Supreme Court in hopes of reversing Maricopa County Superior Court Judge Robert Oberbillig's ruling. Earlier this week, Oberbillig agreed with Glendale's position that the description the group submitted with its 4,138 petitions was misleading. While the group aimed to overturn the 0.7 percent sales-tax increase that took effect Wednesday, Oberbillig said the initiative would only have the ability to work prospectively and could not undo a city action. Oberbillig did side with the group on two points that Glendale had challenged: Save Glendale Now's petition was turned in with sufficient time before the November election, and the group "substantially complied" with state statute in filling out petition documents, he said. Sanderson Ford president Dave Kimmerle, one of the leaders behind the initiative, criticized Oberbillig's decision in a Thursday statement. "I do not believe that the Legislature ever contemplated that an unelected official like the city clerk could disenfranchise citizens from exercising their constitutional rights by knocking them off the ballot based on her interpretation of the Initiative summary, which will not appear on the ballot," the longtime Glendale businessman said. "We are unaware that any initiative in Arizona has ever been thrown out because of the petition summary and look forward to a review by the Supreme Court." Reporter Allie Seligman contributed to this article. Read more: www.azcentral.com/community/glendale/articles/2012/08/02/20120802glendale-opponents-sales-tax-increase-want-appeal.html#ixzz22R2JRMaR
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Post by swervinmervin on Aug 2, 2012 18:39:11 GMT -5
Coyotes Insider @coyotesinsider1 From what I hear, Greg Jamison is missing much more than $20M to buy team and money to operate as reported yesterday. #Coyotes #Jamison
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Post by swervinmervin on Aug 3, 2012 0:09:07 GMT -5
TwitLonger
Lisa Halverstadt (@lisahalverstadt) Posted Friday 3rd August 2012 from Twitlonger
#Glendale statement on sales-tax group's attempt to appeal decision to boot initiative from the ballot: “The plaintiff has the right to seek a review of the court’s decision in this matter. It is, however, the duty of the city of Glendale to protect the integrity of citizens’ initiative rights by assuring compliance with the Arizona Constitution and state statutes. As a result, we will address the appeal appropriately.”
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Post by swervinmervin on Aug 3, 2012 0:11:19 GMT -5
Lisa Halverstadt @lisahalverstadt Save #Glendale Now’s press release says the group has asked the Supreme Court to reverse the Monday ruling by a county judge.
5h Lisa Halverstadt @lisahalverstadt Rules call for expedited election appeals from cities, towns or counties to be be filed in the court of appeals.
5h Lisa Halverstadt @lisahalverstadt Procedural update: Court spokeswoman says the #Glendale sales-tax group filed the request for appeal with the #AZ Appeals Court.
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Post by swervinmervin on Aug 3, 2012 15:28:11 GMT -5
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Post by swervinmervin on Aug 3, 2012 15:28:42 GMT -5
Lisa Halverstadt þ@LisaHalverstadt .@lucmenard360 @7407413a Physical hearings are often unnecessary in appeals cases but we'll likely know if court will take this one up soon.
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Post by swervinmervin on Aug 3, 2012 15:35:56 GMT -5
some discussion on the Zone Nordiques board - chatter, not posts - about a specific old agreement between the NHL and the City of Glendale, which allegedly has been tying the NHL's hands. The chatter on Zone Nordiques refers to Sam Katz's comments from last year. This alleged agreement supposedly ties the NHL's hands, but one by one, the impediments are being eliminated. All of this is per the chatter on the ZoneNordiques board this afternoon. Not posted, and no source documents were referenced. Just chatter.
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Post by swervinmervin on Aug 3, 2012 19:37:05 GMT -5
Coyotes Insider @coyotesinsider1 NHL doesn’t have any choice, 18 teams have lost money last season.
3h Coyotes Insider @coyotesinsider1 46 new jobs and much more money for NHL, but players will need to reduce their revenues from 57 to 50%. 2/2
3h Coyotes Insider @coyotesinsider1 Something like: ok NHLPA, we will move Coyotes to Seattle or Quebec, and add 2 expansion teams within 2-3 years. 1/2
3h Coyotes Insider @coyotesinsider1 Personally, I strongly believe #Coyotes will be part of negotiations with players.
3h Coyotes Insider @coyotesinsider1 One thing for sure, being sued by #Glendale isn’t an option anymore, that’s why they gave Greg #Jamison all possible time.
3h Coyotes Insider @coyotesinsider1 They don’t always make popular decisions, it’s all about money. But they aren’t stupid; they totally know what they’re doing.
3h Coyotes Insider @coyotesinsider1 In New York offices, ONLY #Bettman and #Daly know what their exact plan is for now.
3h Coyotes Insider @coyotesinsider1 Will Coyotes be moved before NHL starts its season, probably in late December? Expand Reply Retweet Favorite 3h Coyotes Insider @coyotesinsider1 Without any help, there’s a big hole of $80M a year. What else to say?
3h Coyotes Insider @coyotesinsider1 Only for the 2011 fiscal year, Yotes have lost $24.4M even with $25M from #Glendale and $30M from sharing revenues.
3h Coyotes Insider @coyotesinsider1 Don’t forget that #Doan is working with #NHLPA for new #CBA, he knows how much #Coyotes have lost in recent seasons.
3h Coyotes Insider @coyotesinsider1 Again, I’ve been told that next week will be the week for Shane #Doan. With kids and school beginning shortly, he needs to make a decision.
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Post by swervinmervin on Aug 3, 2012 19:42:51 GMT -5
blogues.journaldemontreal.com/focuslnh/general/et-ca-continue-a-glendale/translation by google FOCUS NHL And it goes to Glendale YVON PEDNEAULT - August 3, 2012 Well, well. It continues in Glendale. Here Joyce Clark, who criticizes the Quebecers for their chauvinism, a member of City Council of Glendale, one that supports the contract offered to Greg Jamison, just realized in turn that the record of the Coyotes, it is not the cake. In an interview with a newspaper in Phoenix, she admits that Greg Jamison has no money to buy the Coyotes and the city of Glendale should now look elsewhere and find another management company to handle the amphitheater. Currently, the National League is acting as operations manager Jobing.Com Arena and she does it for free in the hope that the matter carried by Jamison to lead a happy ending. However, it does not work as intended. Thursday was the group SaveGlendaleNow who decided to appeal the decision of the judge who ruled in favor of the City of Glendale, recognizing illegal the petition signed by over 4200 residents of Glendale. This petition was to prevent the city to add 0.7% sales tax, increase effective from 1 August, an increase of sales tax to the city of Glendale to pay between $ 14 and 17 million per year for 20 years to manage the arena. Yesterday, Ms. Clark that could withstand a harsh defeat in November when the city of Glendale will hold municipal elections had previously blasted on Canadians and Quebecers who rose up against the city authorities. Yet Friday, without making a U-turn, he recognizes that the situation is no longer the same and that the rules have changed. In fact, how to approve a management contract to a businessman unable to buy the team and obviously unable to find funding for daily operations of the team? All the while, Gary Bettman and his group still rely Jamison, however, also should know that it does not work and that the promises of Jamison, until now, are not realized. It will be interesting to see how decision makers will behave in the National League in a situation as worrying for the concession of the Phoenix Coyotes. Unless the NHL decides to fund the team for another year, which would contradict the observations made by Bill Daly, Bettman's right arm, three months ago when he said he was no longer for the National League to fund the Phoenix Coyotes, the team is going nowhere. A few days ago, when the judge approved the request of Glendale, it was believed that the way was clear for Jamison, it seems that the situation took another direction and certainly no one wanted the National League and Greg Jamison. If they have a buyer, the League will he dissolve the lease or will there be a plan "b" while wish that a work stoppage delays the start of next season?
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Post by swervinmervin on Aug 3, 2012 20:07:00 GMT -5
Lisa Halverstadt @lisahalverstadt A court spokeswoman tells me a schedule hasn’t been set for the #Glendale case, though election cases normally get high priority. 9m Lisa Halverstadt @lisahalverstadt The denial means the #AZ Court of Appeals must hear the Save #Glendale Now Case. 9m Lisa Halverstadt @lisahalverstadt #AZ Supreme Court says it won't hear #Glendale sales-tax initiative case. [PDF] bit.ly/QAwqiA www.azcentral.com/ic/community/pdf/save-glendale-now-order-0803.pdf
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Post by swervinmervin on Aug 4, 2012 8:40:06 GMT -5
www.journaldequebec.com/2012/08/03/ce-cirque-qui-ne-veut-quittergoogle translation, with quite a few corrections by myself "The Circus that Doesn't Want to Leave"by MARIO ROYJOURNAL OF QUEBEC, ISSUED: Friday, August 3, 2012, 8:01 p.m. | UPDATE: Friday, August 3, 2012, 8:02 p.m. Decidedly, Greg Jamison is not at the end of his troubles to get hold of the Phoenix Coyotes. The Phoenix Business Journal reporter Mike Sunnucks received information this week, according to which Jamison is still far from his goal. Sunnucks reported that Mr. Jamison is still seeking $ 20 million for the purchase of the Coyotes. Not only would he not have the funds to purchase the franchise, but there would be no funds to cover the costs of operation thereof. These costs are estimated at nearly 100 million per season! Nothing is really surprising in this, as far as I am concerned. I have known for the last few weeks from a good source that the businessman is seeking an estimated $ 70 million for the purchase, on top of the amount allocated to operating costs. Another thorn in the back of the Coyotes, the group of businessmen ("Save Glendale Now") has launched a court appeal to challenge the rejection of the petition against the City's sales tax increase. Having been dismissed last Monday in Superior Court, the group will address the Court of Appeals of Arizona. This will be another pause for consideration for Jamison's group, and it won't do anything to convince investors to join his group, or to invest the money that they are short. Doan will not wait longLast Saturday, Jamison asked Shane Doan for more time - and asked him not make too much noise in public in connection with his future with the team ... Now, do you think this is good news for Doan, and that these delays and the financial uncertainty of the potential owner will ensure that he will agree to sign and stay in Phoenix? "Over My Dead Body!" The captain and player of 36 years must be fixed on his future by the end of the week, based on what I learned. I see very little here that would make him want to stay, in this long tumult. Moreover, I find that Jamison's appeal is desperate. As if the presence of a player of that age could influence the decision of investors who would commit to 20 years ... Radio SilenceFor its part, the NHL is very silent on this issue. Aside from the fact that it has extended - by a month - the management agreement for Jobing.com Arena, for the second time at no cost! I remember a statement from Bill Daly airing on FAN590 Toronto while responding to a question from Bob McCown, in March, and that question was: - "What will happen if the Coyotes can not find a buyer after the season? "(McCown) - "Clearly, this is the last season that the league will operate this franchise, and we will look for an alternative or a plan B. "(Daly) There are certainly one or two reasons why the League is so anxious to stay in this desert of endless improvisation, and I intend to uncover the truth. What professional sports league would allow this type of behavior? This question is still unanswered. I'm afraid it leaps out in multiple instances covering the news of the NHL and, frankly, this is incredibly sad.
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Post by swervinmervin on Aug 5, 2012 20:02:55 GMT -5
Coyotes Insider @coyotesinsider1 With only 8000 to 10000 tickets sold each game last season, #AHL will be a perfect fit for #Glendale
1h Coyotes Insider @coyotesinsider1 Hope #Glendale gets an #AHL team for season 2013-14.
1h Coyotes Insider @coyotesinsider1 In 26 days, no extension from NHL to manage Jobing arena, RIP Coyotes.
1h Coyotes Insider @coyotesinsider1 Less than 26 days before Greg #Jamison withdraws on #Coyotes.
1h Coyotes Insider @coyotesinsider1 Less than 7 days before Shane #Doan signs a 4 years/26M deal with #Canucks #Doaner
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Post by NHLJets2point0 on Aug 14, 2012 1:46:54 GMT -5
The Coyotes are a disastrous business. You can't give away tickets. "But they used to support the team when it was well managed!" We all KNOW that those figures were grossly exaggerated. Not to mention low ticket prices and direct to stub hub discount sales, etc. We know very little about how many were given away and how many were discounted. In Phoenix we know it is done a lot and sellouts stopped years ago. Even at the critical times this year in the playoffs Phoenix wasn't selling out. (It doesn't count if the team is giving away tickets) It is clear that there is nothing to save in Phoenix. There was never a profit, and they have been losing $50M/Year lately.
At a family gathering the men recounted the facts of this saga and attempted to rationalize some kind of explanation how this team could exist one more year and we couldn't. The idea that it could survive and turn into a profitable organization in Phoenix is impossible to comprehend!
SO WHY IS THE NHL STILL PRETENDING THEY ARE SAVING THE COYOTES?
Even if it is true that abandoning Jobing would threaten the development of other cities' arena projects (Due to losing faith in the NHL business model) it is INSANE to flush $50M down the sewer every year to prop up the lie. We can all see how bad it is in Phoenix, does the NHL expect us to believe that they will save us if we foolishly build an expensive arena in a crapty market and it becomes a white elephant? Glendale has already said publicly they must repay the debt so they will now charge negative $20M rent!!!
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Post by NHLJets2point0 on Aug 14, 2012 22:22:34 GMT -5
I am also fed up with the excuses we see from Coyotes "fans" 1. Our old arena sucked 2. It's too far to drive to the new arena 3. If we had solid management and a winning team I would support them, but we never have had this. 1. Anyone who says they wont commit to tickets for their team because the arena sucks isn't much of a fan. 2. People who say that it's too far to drive to Jobing.com arena are lying. It's 30 minutes from America West and no more than 45 minutes from 95% of anyone in Phoenix. 3. If people don't support the team when it is suffering through a losing season, then they aren't fans. It would be supremely arrogant to expect your team to make the playoffs every year. 47% miss the playoffs. Is that an excuse for this? And this is a top 10 NHL team!
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Post by swervinmervin on Aug 15, 2012 14:07:53 GMT -5
More West Valley news: Glendale | NW Valley | Peoria | SW Valley | Surprise Glendale Arizona Secretary of State Ken Bennett backs group on Glendale sales-tax initiative by Lisa Halverstadt - Aug. 14, 2012 09:57 PM The Republic | azcentral.com Arizona Secretary of State Ken Bennett is backing a group that aims to reverse Glendale's sales-tax hike. The issue is closely watched because proceeds from the tax will help Glendale pay for a 20-year, $324million lease agreement that could keep the Coyotes in Glendale. In a brief filed this week, the secretary of state asked the Arizona Court of Appeals to overturn a Maricopa County Superior Court judge's ruling, which said that the Glendale city clerk had grounds to boot the proposed measure from the November ballot. The brief was filed jointly by the Secretary of State's Office and the Arizona Attorney General's Office. In court papers, Glendale has argued that a summary statement for the measure mislead voters who signed the petition. The initiative doesn't have the legal power to halt the 0.7percentage-point sales-tax increase that went into effect on Aug.1, the city has argued. The business group that supported the sales-tax initiative appealed, Judge Robert Oberbillig's ruling and both sides are scheduled to argue before a three-judge appellate panel on Aug.23. Without the tax, Glendale leaders have said the city could face severe budget cuts. It is expected to generate about $20million this fiscal year. In the Monday filing, a lawyer for the Attorney General's Office and two attorneys for Secretary of State's Office said the city overstepped when it rejected the group's signatures. "The city's subjective rejection of the initiative because the language might mislead voters disregards the objective protections put in place to guard the integrity of the electoral process," the brief said. "The city's actions, if affirmed by this court, have the potential to morph the election filing officer's role in the eye of the public from an impartial guardian of the process to a partisan gatekeeper," the attorneys argued in court papers. A Glendale spokeswoman defended the city's decision to reject the petitions. Officials are focused on protecting the integrity of the election process, she said. The state officials' filing was rare but not unprecedented, election-law attorneys said. The secretary of state has been known to weigh in when a legal case could affect other Arizona election cases, said Joe Kanefield, a Phoenix attorney. On Tuesday, Bennett's office lost a case that involved a similar issue. Bennett rejected a ballot measure that called for a statewide sales tax to assist schools, because the paperwork filed with his office didn't match what was circulated to voters, he said. The Arizona Supreme Court ruled that the proposed 1-cent-per-dollar sales tax should appear on the November ballot. Another attorney, Andy Gordon, questioned if politics was a factor in the Secretary of State Office's decision to file a brief in the Glendale case. "Quite frankly, the Secretary of State's Office makes decisions all the time about what should or shouldn't happen, which to the outside world, look absolutely subjective," he said. In other news, the Glendale sales-tax group on Monday filed a second special action against the city in Maricopa County Superior Court. The court action is to make sure the city doesn't invalidate the group's signatures, if the Appeals Court allows the sales-tax initiative to go on the November ballot, said Steve Tully, an attorney for the group. Read more: www.azcentral.com/community/glendale/articles/20120815arizona-secretary-state-backs-group-glendale-sales-tax-initiative.html#ixzz23dysnHVP
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Post by NHLJets2point0 on Aug 15, 2012 16:09:28 GMT -5
Certainly if the appeal is upheld then this becomes a major threat to the coyotes deal. Steps that would precede an abandoned deal: 1. Appeal is upheld 2. Voters reject sales tax hike. 3. City council redrafts budget to remove $20M from this year, possibly including arena lease payments 4. Lease deal falls apart (note: it hasn't been signed by the lessee so it is not yet a binding legal document. 5. Jamison group/NHL must decide if they wish to extend current lease or attempt to create a new deal 6. Team owner must contribute additional cash to cover reduction in lease funds.
At any point in that process, the NHL could pull the plug and leave town.
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Post by swervinmervin on Aug 16, 2012 3:27:07 GMT -5
Maricopa county attorney backs effort to get Glendale sales-tax initiative on ballot by Lisa Halverstadt - Aug. 15, 2012 04:26 PM The Republic | azcentral.com Maricopa County Attorney Bill Montgomery is the latest to suggest a ballot measure to overturn Glendale's sales-tax hike should go forward. The issue is closely watched because proceeds from the tax will help Glendale pay for a 20-year, $324million lease agreement that could keep the Coyotes in Glendale. The anti-sales tax group, known as Save Glendale Now, aims to put the city's 0.7 percent sales-increase, and future hikes, on the November ballot. Read Save Glendale Now's summary Montgomery's office on Wednesday filed a brief supportive of a group's effort to get back on the ballot after Glendale rejected the measure. A Maricopa County Superior Court judge last month sided with Glendale and ruled that the description of the proposed measure was misleading. The city says the initiative doesn't have the legal power to halt the sales-tax hike, which went into effect on Aug. 1. Save Glendale Now appealed the judge's ruling and will take it to the Arizona Court of Appeals on Aug. 23. Montgomery's filing said the Glendale city clerk did not have the authority to boot the proposed measure off the ballot on the basis that it might mislead voters. "(The appeals) court should reverse the trial court's judgment and make clear that a filing officer does not have the discretion to make judgments about the accuracy of the 100-word description of an initiative measure," two deputy county attorneys wrote in the court document. Montgomery's filing comes on the heels of a similar argument earlier this week by attorneys for Arizona Secretary of State Ken Bennett and Arizona Attorney General Tom Horne. The state officials' filing was rare but not unprecedented, election-law attorneys said. The secretary of state has been known to weigh in when a legal case could affect other Arizona election cases, said Joe Kanefield, a Phoenix attorney. Another attorney, Andy Gordon, questioned if politics was a factor in the Secretary of State Office's decision to file a brief in the Glendale case. "Quite frankly, the Secretary of State's Office makes decisions all the time about what should or shouldn't happen, which to the outside world, look absolutely subjective," he said. A city spokeswoman has said the city is focused on protecting the integrity of the election process. Read more: www.azcentral.com/community/glendale/articles/2012/08/15/20120815maricopa-county-attorney-back-glendale-sales-tax-initiative-ballot.html#ixzz23hCLIh8v
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