ORDINANCE NO. CC 2021-_____

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MIAMI,
OKLAHOMA AMENDING SECTION 38 (NO STATEMENT FEE AND METER RE-
READ) OF DIVISION 1 (GENERALLY) OF ARTICLE II (RATES AND CHARGES) OF
CHAPTER 24 (UTILITIES) OF THE CODE OF ORDINANCES; PROVIDING
SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; AND
ESTABLISHING AN EFFECTIVE DATE.

      WHEREAS, Article 2, Section 6, subparagraph 2 of the City Charter provides that the
Council may enact municipal legislation subject to limitations as may now or hereafter be
imposed by the Oklahoma Constitution and law; and

        WHEREAS, Oklahoma municipalities have the right to engage in any business or
enterprise which may be engaged in by virtue of a franchise pursuant to Oklahoma Constitution
Article 18, Section 6; and

       WHEREAS, Oklahoma municipalities have the Constitutional authority to own and
operate public utilities pursuant to Oklahoma Constitution Article 10, Section 27, 27A and 27B;
and

      WHEREAS, Oklahoma municipal utility operations are not regulated by the Oklahoma
Corporation Commission pursuant to Oklahoma Constitution Article 9, Section 18; and

        WHEREAS, Oklahoma municipalities may not delegate or surrender their power to
regulate rates pursuant to the Oklahoma Supreme Court ruling in the case of Meder v. City of
Oklahoma City, 1960 OK 87, 350 P.2d 916 (Okla. 1960) and Oklahoma Constitution Article 18,
Section 7, which provides in pertinent part:

              "Nor shall the power to regulate the charges for public services be surrendered;
…" and

        WHEREAS, the fixing of rates of municipally owned utilities is a legislative function
and in the absence of a clear showing that the rates are unjust, unreasonable, or discriminatory,
the courts may not interfere, see Oklahoma City Hotel & Motor Hotel Association Inc., v.
Oklahoma City, 1974 OK 94, 531 P.2d 316 (Okla. 1974); and

        WHEREAS, the Article II, Section 6 of the City Charter authorizes the City Council to
"raise revenue, make appropriations, regulate salaries and wages, and all other fiscal affairs of
the City, subject to such limitations as may now or hereafter be imposed by the Oklahoma
Constitution and law"; and

      WHEREAS, it is proper for the City to amend those provisions of municipal
Ordinance(s) which pertain to efficient billing practices for its utility services; and

       WHEREAS, Section 24-38 was last modified on April 18, 2017 by Ordinance 17-06; and

     WHEREAS, City staff and administration recommend an amendment of Section 24-38
(NO STATEMENT FEE-METER RE-READ) of Division 1 (GENERALLY) of Article 2
(RATES AND CHARGES) of Chapter 24 (UTILITIES).


        WHEREAS, Title 11, Oklahoma Statutes, Section 10-106 authorizes a municipality to
raise revenue, make appropriations, and regulate all other fiscal affairs of the city, ; and

        WHEREAS, Title 11, Oklahoma Statutes, Sections 35-101 et seq. and Sections 37-101
et seq. authorizes a municipality to operate public utility systems; and

       WHEREAS, in 2010, the City Council created, through Ordinance 1561, Section 24-38 ;
and




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       WHEREAS, in 2013, the City Council, deemed it advisable to amend a fund for an
operating reserve for the purpose of providing a fund or reserve out of which to meet unbudgeted
budget emergencies, emergency repairs, and qualified emergency expenditures. Through
Ordinance 1608, the Council amended Section 27-3 (Stabilization Fund) within Chapter 27
(Budget and Finance) of the Code of Ordinances; and established a Rainy Day Fund; and

       WHEREAS, in 2016, with the enactment of Ordinance 1660, the City Council again
amended Section 27-3 (Stabilization Fund) within Chapter 27 (Budget and Finance) of the Code
of Ordinances to further define the use and purpose of the Rainy Day Fund.

        WHEREAS, having dealt with customer issues relating to the wording of the Ordinance,
staff recommends further clarification as set out herein.

    NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MIAMI, OKLAHOMA:


Section 1 - Amendment

Section 24-38 of the Code of Ordinances is amended to read as follows:

Sec. 24-38. - No statement fee and meter re-read.


(a) A utility customer shall submit the billing statement, electronically or printed, or their
account number with tender of payment. If the utility customer fails to comply with this
requirement when paying on two (2) or more accounts, except as otherwise provided herein, a
$5.00 administrative fee shall be assessed per account. The $5.00 administrative fee will not be
applied in the following situations: if the payment is received through the drop box; the mail;
from a utility assistance provider; or from an exempt State entity. If payment is received without
statements or account numbers, or with inaccurate or incomplete information, then the MSUA
will apply the payment at its discretion using its best judgment; the MSUA will not be held
responsible if the payment is applied in a manner other than which the customer may have
intended and the customer will be responsible for all applicable fees and penalties.


(b) A utility customer may request a meter re-read. If the meter re-read shows less usage than
printed on the billing statement, then the account will be adjusted accordingly and no dispatch
fee shall be assessed for the re-read. If the meter re-read is consistent with indicates equivalent or
greater usage than indicated on the billing statement, then the dispatch fee shall be assessed.


Section 2 - Severability


       If any provision, paragraph, word, section or article of this Ordinance is invalidated by
any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and
chapters shall not be affected and shall continue in full force and effect.



Section 3 - Conflicting Provisions




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       If any provision, paragraph, word, section or article of this Ordinance conflicts with the
provisions of any other Ordinance, then the provisions of this Ordinance shall be deemed to have
superseded all conflicting provisions previously entered into effect.



Section 4 - Effective Date


[Choose One (1)]


__________ Pursuant to 11 O.S. §14-103, this Ordinance shall take effect thirty (30) days from
its final passage unless the City Council specifies a later date:


______________________________________________________________________________


       [OR]


__________ EMERGENCY CLAUSE. For the immediate preservation of the public peace,
health and safety, an emergency is hereby declared to exist whereby this Ordinance shall take
effect immediately upon passage and publication as required by law. The question of emergency
must be ruled upon separately and approved by the affirmative vote of at least ¾ of ALL the
members of the City Council (4 affirmative votes required). As required by 11 O.S. §14-103, an
emergency measure must state in a separate section why it is necessary that the measure become
effective immediately; the reason for the emergency measure is as follows:


______________________________________________________________________________


______________________________________________________________________________


It is in the public economic interest to enact this Ordinance immediately.


PASSED AND APPROVED this _______ day of ________________, 2020.



                                                       ___________________________________
                                                       Bless Parker, Mayor


ATTEST:                                                APPROVED:



_______________________________                        ___________________________________
Melissa Moore, City Clerk                              Ben Loring, City Attorney




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