Revision Of Levy Rates

9.1. Each levying body in the county has the power in special session within forty (40) days after the levying body fixed the rates of levy on each class of property on the third Tuesday in April to rescind its levy order because of a material change of fact under the following conditions:

9.1.1. The levying body had based its levy rates for the current tax year on the assessed valuation totals for each class of property which the assessor had furnished to them as required by law; and

9.1.2. An order of the Tax Commissioner, made pursuant to W. Va. Code §18-9A-11(g), required the increase of assessed valuation totals for one or more classes of property located within the jurisdiction of the levying body.

9.2. If a reduction in a levy rate is deemed appropriate, the levying body shall fix its regular or special levy rates, or both, at lesser rates. The lesser rates shall generate the same amount of revenue, within practicable limits, as was originally estimated when it fixed its levy rates on the third Tuesday in April.

9.3. The revised levy rates shall be in the same proportion as the maximums authorized by law under W. Va. Code §§11-8-10a, 11-8-12a and 11-8-14a.

9.4. At least five (5) days prior to any such special session, the levying body shall give notice by a Class I-0 legal advertisement in compliance with the provisions of W. Va. Code §59-3-1 et seq. and the publication area shall be the county.

9.5. Once the levy rates are so revised, the levying bodies shall proceed to amend all documents that the law required be made and filed once the levy rates were fixed on the third Tuesday in April.