The third reading of the proposed earnings tax has been rescheduled to January 11, 2007. The scheduling change appeared Friday, January 5 on the City of Beavercreek’s website.


Prior to this change the third reading had been scheduled for one day following the second reading giving Council only a day to consider public input gathered at the second reading and public hearing. With this change Council members will now have three days to consider public comments if the proposal passes the second reading and moves on to a third.


The votes by Council on the second and third readings will determine whether a proposed city income tax is placed on the May 2007 ballot for general vote by the citizens of Beavercreek. The vote does not pass the measure into law.

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In Beavercreek the second reading of an ordinance is also a public hearing where all persons present are given an opportunity to be heard on the proposed ordinance, subject to the rules of the Council. The third reading is often when the final vote takes place. During the third reading the public does not offer input.


Click here to view the proposed Beavercreek Earnings Tax available at the City of Beavercreek’s website.


(Update: On January 8, 2007 the proposal failed to pass on it’s second reading before City Council eliminating the need for a scheduled third reading altogether.)

More Information on Public Hearings on Ordinances

For the benefit of our readers the section of the Beavercreek City Charter dealing with public hearings held during passing ordinances is reprinted below. Highlighted in red are the areas that deal with public hearings.

SECTION 5.03. INTRODUCTION AND ADOPTION OF ORDINANCES.

A proposed ordinance may be introduced by any Council member at any regular or special meeting of the Council. Every proposed ordinance shall be introduced in written or printed form after review by the City Attorney. It shall be in the form required by the Council for final adoption. No ordinance shall contain more than one subject, which shall be clearly expressed in its title. The enacting clause shall be, The City of Beavercreek hereby ordains… A written summary shall also accompany each proposed ordinance at the time of introduction. The fact that the summary contains errors or is incomplete shall not affect the validity of any ordinance.


(A) First Reading. Upon introduction of any proposed ordinance, a copy shall be distributed to each Council member and to the City Manager, and the summary of the proposed ordinance shall be read.


After the first reading and upon approval for additional readings by the Council, the Clerk shall: file copies of the proposed ordinance in office of the Clerk of Council; post the proposed ordinance in full in the city offices; and publish one time the summary of the proposed ordinance or the ordinance in full in one or more newspapers or other printed publication regularly distributed and of general circulation in the City or public media forums as required by law. The publication of the ordinance shall also include the date, time and place for a public hearing, and for the third reading and final consideration on the proposed ordinance. The public hearing on the proposed ordinance shall follow the publication by at least seven (7) days. The public hearing shall be held in connection with a regular or special Council meeting, and may adjourn from time to time.


(B) Second Reading and Public Hearing. At the date, time and place of the Council meeting so advertised, the summary of the proposed ordinance shall be read for the second time, unless a member of the Council present requests a reading of the ordinance in full. All persons present shall be given an opportunity to be heard on the proposed ordinance subject to the rules of the Council. Following this hearing, the Council may cause the proposed ordinance to be returned to the first reading, or proceed to the third reading.


(C) Third Reading and Adoption. At the next meeting of the Council following the public meeting, the summary of the proposed ordinance shall be read for the third time. After such reading, the Council may adopt such ordinance by an affirmative vote of the majority of the members of Council, except that if an amendment changes it as to any matter of substance. In such case, the Council shall not adopt the ordinance until it shall have caused a summary of the amended ordinance to be published at least once, together with a notice of the date, time and place where such amended ordinance will further be considered. A public hearing on the amended ordinance shall be held. After such hearing, the Council may adopt such amended ordinance or again amend it subject to the same conditions.