Sept. 8, 2010
Huntington City Council Chairman Awaiting Litigation Challenge(s) to Occupation Tax
Enactment of User Fee Extension Beyond October 1 Planned
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Huntington City Councilman Jim Insco stood strong and steady in discussing the various litigation prospects regarding the occupation tax. One aspect about which he is adamant --- keep the welfare of the city on the radar.
“If there’s an injunction put in place [issued on collection of the occupation tax], I’m sure council will take it upon themselves to make sure the service fee stays in effect,” Insco said. “That’s been the intent all along.”
The latter came in response to an HNN hypothetical of a worst case scenario in which the intended automatic restoration of the user fee under injunctive relief against the occupation tax became a victim of procedural issues. The Cabell County Commission, for one, is one record as supporting a lawsuit which would challenge the constitutionality of the occupation tax (Home Rule Revision).
“By our last meeting in September , we will know a little bit more about what the County Commission and everyone else is doing. We will begin the process to continue the service [user] fee. If we have to have a ‘special call’ to keep it going, then, we will do so to move forward in a positive direction. For that to happen, the city has to have revenue. Council in its wisdom working with the administration will do whatever is possible.” Insco said.
He acknowledged that the County Commission, which challenged the implementation of the city user fee, “has every right” to challenge the home rule enactment. “We will defend it to the best of our abilities.”
Currently, the ordinance has the user fee expire October 1 and the occupation tax and business B & O reductions take effect October 1. If the tax is enjoined prior to Oct. 1, then the user fee is reinstated.
Insco asked that potential litigants --- County Commission included --- “The County Commission does what is in the best interests of the county, but I hope they realize that Huntington is a part of the county” and “make a wise decision” which does not make the city “suffer.”
The chairman refers to the prospect of deliberate over-lapping date filings which could , unless corrected, place the city in a fee limbo, unless council acts to cover the contingency.
Assuming that council approves the revised Home Rule Plan, the State Home Rule Board will be discussing it in late September. A timely up or down vote is anticipated based on previous discussions with the board.
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Huntington City Council Chairman Awaiting Litigation Challenge(s) to Occupation Tax
Enactment of User Fee Extension Beyond October 1 Planned
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Huntington City Councilman Jim Insco stood strong and steady in discussing the various litigation prospects regarding the occupation tax. One aspect about which he is adamant --- keep the welfare of the city on the radar.
“If there’s an injunction put in place [issued on collection of the occupation tax], I’m sure council will take it upon themselves to make sure the service fee stays in effect,” Insco said. “That’s been the intent all along.”
The latter came in response to an HNN hypothetical of a worst case scenario in which the intended automatic restoration of the user fee under injunctive relief against the occupation tax became a victim of procedural issues. The Cabell County Commission, for one, is one record as supporting a lawsuit which would challenge the constitutionality of the occupation tax (Home Rule Revision).
“By our last meeting in September , we will know a little bit more about what the County Commission and everyone else is doing. We will begin the process to continue the service [user] fee. If we have to have a ‘special call’ to keep it going, then, we will do so to move forward in a positive direction. For that to happen, the city has to have revenue. Council in its wisdom working with the administration will do whatever is possible.” Insco said.
He acknowledged that the County Commission, which challenged the implementation of the city user fee, “has every right” to challenge the home rule enactment. “We will defend it to the best of our abilities.”
Currently, the ordinance has the user fee expire October 1 and the occupation tax and business B & O reductions take effect October 1. If the tax is enjoined prior to Oct. 1, then the user fee is reinstated.
Insco asked that potential litigants --- County Commission included --- “The County Commission does what is in the best interests of the county, but I hope they realize that Huntington is a part of the county” and “make a wise decision” which does not make the city “suffer.”
The chairman refers to the prospect of deliberate over-lapping date filings which could , unless corrected, place the city in a fee limbo, unless council acts to cover the contingency.
Assuming that council approves the revised Home Rule Plan, the State Home Rule Board will be discussing it in late September. A timely up or down vote is anticipated based on previous discussions with the board.
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Make HNN Your Homepage (IE Users Only)
