Michael Horgan brings this update regarding the question of whether or not the City will choose to appeal the judge's denial of the bond issuance:
Ames Barnett made a motion to not file an appeal, Pam Eaton seconded it. This would have put an end to JUST the plan for the City to float 8.2 million in guaranteed revenue bonds to build the hotel. Then the conversation got off track as to “keeping our options open”, including the possibility of private investors building a hotel. That’s apples and oranges. Pam recognized this but could not get the discussion back on track. Marion Tutt made a motion to table Ames’ motion until the December City Council meeting. Under parliamentary procedure, the motion to table must be voted on first. The vote was 3-3, with the Mayor breaking the tie to table Ames’ motion to not pursue an appeal to next month.
Ames Barnett made a motion to not file an appeal, Pam Eaton seconded it. This would have put an end to JUST the plan for the City to float 8.2 million in guaranteed revenue bonds to build the hotel. Then the conversation got off track as to “keeping our options open”, including the possibility of private investors building a hotel. That’s apples and oranges. Pam recognized this but could not get the discussion back on track. Marion Tutt made a motion to table Ames’ motion until the December City Council meeting. Under parliamentary procedure, the motion to table must be voted on first. The vote was 3-3, with the Mayor breaking the tie to table Ames’ motion to not pursue an appeal to next month.
A judge’s order can be appealed by filing a simple Notice of Appeal within 30 days of the date Judge Hinesley’s order was filed. Obviously, this time deadline will occur before the December meeting. The filing of a Notice of Appeal is just the first step in the appellate process. The whole record must be assembled, including the lengthy transcript of the court hearing. That takes time and certainly cannot be done by the December meeting, unless the City orders a very expensive expedited transcript ( a regular transcript of this 12 hour hearing is expensive in itself, much less an expedited one). Just because a Notice of Appeal is filed does not mean the City will go forward with the rest of the process. At any time they can dismiss it. Ames Barnett’s point was why spend any more taxpayer money going down this road part way.
So this hotel bond issue is not done yet. I was hoping we could put it to bed last night once and for all. CPOW needs to have a meeting before the December City Council meeting, probably on a November Tuesday or Thursday night. Due to Veteran’s Day and Thanksgiving, the only Thursday date is 11/18.
Stay vigilant,
Michael
Michael
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