Cemetery surcharge
Small municipality wants to add a surcharge to the water bills of its
citizens to help fund cemetery maintenance. I emphasize this is a very
small municipality, and people are not purchasing lots at a rate to provide
adequate funding of maintenance through the cemetery care fund. I am unsure
of the exact status of any investments, if any, involving the care fund
principal and/or interest at this exact moment, but I am told the funds for
the cemetery are not sufficient.
Can the municipality add a surcharge to the water bill for this purpose by
ordinance? Or is this something that can be accomplished by a sales
tax/special election?
I know of no limitation on the ability of a municipality to set the price for water. Other than the obvious political issues, I think you can call it a price increase or surcharge or about anything else. A sales tax must be approved by the people, so there is an obvious risk. It has the benefit of providing the most transparency and accountability, but the least flexibility (e.g., what if collections are too high or too low?).
Good luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama oama-bounces@lists.imla.org On Behalf Of Phillip Morton
Sent: Monday, October 5, 2020 3:26 PM
To: oama@lists.imla.org
Subject: [Oama] Cemetery surcharge
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Small municipality wants to add a surcharge to the water bills of its citizens to help fund cemetery maintenance. I emphasize this is a very small municipality, and people are not purchasing lots at a rate to provide adequate funding of maintenance through the cemetery care fund. I am unsure of the exact status of any investments, if any, involving the care fund principal and/or interest at this exact moment, but I am told the funds for the cemetery are not sufficient.
Can the municipality add a surcharge to the water bill for this purpose by ordinance? Or is this something that can be accomplished by a sales tax/special election?
Yes, I agree with Mark. A couple of cities, Norman for one, has a charter provision that prevents increasing utility rates without a vote of the people, but absent local limiting charter provisions or ordinances, under state law utility rates can be adjusted by local ordinance.
Jeff Bryant
OMAG’s COVID-19 Info Page: https://www.omag.org/covid19-faq
Jeff H Bryant
Director of Legal Services
Associate General Counsel
jbryant@omag.orgmailto:jbryant@omag.org
[OMAG Small Logo Smooth]
3650 S. Boulevard
Edmond, Oklahoma 73013
Phone: 405-657-1419
Fax: 405-657-1401
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From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Ramsey
Sent: Monday, October 5, 2020 5:19 PM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Cemetery surcharge
I know of no limitation on the ability of a municipality to set the price for water. Other than the obvious political issues, I think you can call it a price increase or surcharge or about anything else. A sales tax must be approved by the people, so there is an obvious risk. It has the benefit of providing the most transparency and accountability, but the least flexibility (e.g., what if collections are too high or too low?).
Good luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Phillip Morton
Sent: Monday, October 5, 2020 3:26 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Cemetery surcharge
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Small municipality wants to add a surcharge to the water bills of its citizens to help fund cemetery maintenance. I emphasize this is a very small municipality, and people are not purchasing lots at a rate to provide adequate funding of maintenance through the cemetery care fund. I am unsure of the exact status of any investments, if any, involving the care fund principal and/or interest at this exact moment, but I am told the funds for the cemetery are not sufficient.
Can the municipality add a surcharge to the water bill for this purpose by ordinance? Or is this something that can be accomplished by a sales tax/special election?
Mr. Ramsey
These articles and cases may provide insight.
Hope they help.
From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Ramsey
Sent: Monday, October 5, 2020 5:19 PM
To: Phillip Morton mortonlawoffice@gmail.com; oama@lists.imla.org
Subject: Re: [Oama] Cemetery surcharge
I know of no limitation on the ability of a municipality to set the price for water. Other than the obvious political issues, I think you can call it a price increase or surcharge or about anything else. A sales tax must be approved by the people, so there is an obvious risk. It has the benefit of providing the most transparency and accountability, but the least flexibility (e.g., what if collections are too high or too low?).
Good luck!
Mark H. Ramsey
For the Firm
Taylor, Foster, Mallett,
Downs, Ramsey & Russell, P.C.
P.O. Box 309
Claremore, OK 74018
918-343-4100
918-343-4900 fax
mramsey@soonerlaw.commailto:apixley@soonerlaw.com
The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s), and may be confidential and/or legally privileged. If you are not an intended recipient, or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing or disclosing any of the information contained in it. In that event, please contact us immediately by telephone (918) 343-4100 or by electronic mail at postmaster@soonerlaw.commailto:postmaster@soonerlaw.com and delete the original and all copies of this transmission (including any attachments) without reading or saving in any manner. Thank you.
From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Phillip Morton
Sent: Monday, October 5, 2020 3:26 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Cemetery surcharge
Notice: This email is from an external source. Do not open attachments or click on links from unknown senders or unexpected e-mail.
Small municipality wants to add a surcharge to the water bills of its citizens to help fund cemetery maintenance. I emphasize this is a very small municipality, and people are not purchasing lots at a rate to provide adequate funding of maintenance through the cemetery care fund. I am unsure of the exact status of any investments, if any, involving the care fund principal and/or interest at this exact moment, but I am told the funds for the cemetery are not sufficient.
Can the municipality add a surcharge to the water bill for this purpose by ordinance? Or is this something that can be accomplished by a sales tax/special election?
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