Sept. 8, 2010
CLARIFICATION: No Huntington City Council Vote on First Reading of Revised Home Rule Plan, But Public Comment at the Public Hearing
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A timetable for the Revised Home Rule Plan voting procedures inadvertently stated that a vote would occur on First Reading. The story related to the Cabell Commission and their plan to challenge the occupation tax.
However, reports incorrectly stated that following a Public Hearing, Monday, Sept. 13 at 6:30 p.m. that “during the regular city council meeting at 7:30 p.m. Sept. 13, the council would then vote on the first reading of the plan with comments.”
Brandi Jacobs-Jones re-confirmed to HNN early Wednesday morning that “public comment will be allowed at a public hearing at 6:30 p.m. on the 13th. The First reading then occurs at the 7:30 p.m. council meeting. “Council will NOT vote on First reading,” Jacobs-Jones stated. The second reading will be on September 23 “when the council votes.” This second reading will be a Special Call meeting of council that coincides with the work session.
If approved, the state municipal home rule board will meet Sept. 24 to consider the revised plan.
The tax changes would take effect October 1. However, with anticipated litigation, council chairman Jim Insco stated Tuesday evening to HNN that another “special call” might be necessary to specifically approve the resurrection of the user fee, if the occupation tax falls victim to a preliminary injunction, injunction or other impediment to collection of the fee until the court(s) determine its constitutionality.
Editor’s Note: It’s possible that a court could hear the case on constitutionality , yet decline to grant an injunction barring collection. Along the same line, more than one suit could be filed in various venues (or all, i.e. Cabell Circuit Court, Federal Court, WV Supreme Court). Each of these complaints likely would request a preliminary injunction to prevent collection. That request might not be ruled on until AFTER October 1.
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CLARIFICATION: No Huntington City Council Vote on First Reading of Revised Home Rule Plan, But Public Comment at the Public Hearing
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – A timetable for the Revised Home Rule Plan voting procedures inadvertently stated that a vote would occur on First Reading. The story related to the Cabell Commission and their plan to challenge the occupation tax.
However, reports incorrectly stated that following a Public Hearing, Monday, Sept. 13 at 6:30 p.m. that “during the regular city council meeting at 7:30 p.m. Sept. 13, the council would then vote on the first reading of the plan with comments.”
Brandi Jacobs-Jones re-confirmed to HNN early Wednesday morning that “public comment will be allowed at a public hearing at 6:30 p.m. on the 13th. The First reading then occurs at the 7:30 p.m. council meeting. “Council will NOT vote on First reading,” Jacobs-Jones stated. The second reading will be on September 23 “when the council votes.” This second reading will be a Special Call meeting of council that coincides with the work session.
If approved, the state municipal home rule board will meet Sept. 24 to consider the revised plan.
The tax changes would take effect October 1. However, with anticipated litigation, council chairman Jim Insco stated Tuesday evening to HNN that another “special call” might be necessary to specifically approve the resurrection of the user fee, if the occupation tax falls victim to a preliminary injunction, injunction or other impediment to collection of the fee until the court(s) determine its constitutionality.
Editor’s Note: It’s possible that a court could hear the case on constitutionality , yet decline to grant an injunction barring collection. Along the same line, more than one suit could be filed in various venues (or all, i.e. Cabell Circuit Court, Federal Court, WV Supreme Court). Each of these complaints likely would request a preliminary injunction to prevent collection. That request might not be ruled on until AFTER October 1.
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