Resolution or Ordinance?
Fellow Attorneys:
Town has current contract for trash service. Contract provides for increase to customer for "circumstances beyond the control of the Contractor"With the rising price of fuel, and the increased price of the landfill, Town and Contractor feel that a raise to customer is in order.
Should this be done by Ordinance, or by Resolution?
Thanks,
Kay Wall
Either is effective, and a resolution is easier to do
Robert C. Thompson
Cheek & Falcone, PLLC
6301 Waterford Blvd., Suite 320
Oklahoma City, Okla. 73118
direct telephone:405-286-9560
direct fax: 405-286-9680
Firm telephone: 405-286-9191
rthompson@cheekfalcone.commailto:rthompson@cheekfalcone.com
CONFIDENTIALITY NOTE:
This e-mail and any attachments may contain confidential information that is protected by legal privilege. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of this e-mail or any attachment is prohibited. If you have received this e-mail in error, please notify us immediately by returning it to the sender and delete this copy from your system. Thank you for your cooperation.
Visit us at our website http://www.cheekfalcone.com/
From: Kay Robbins Wall lkrw@sbcglobal.net
Sent: Tuesday, July 12, 2022 2:36 PM
To: OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Resolution or Ordinance?
Fellow Attorneys:
Town has current contract for trash service. Contract provides for increase to customer for "circumstances beyond the control of the Contractor"
With the rising price of fuel, and the increased price of the landfill, Town and Contractor feel that a raise to customer is in order.
Should this be done by Ordinance, or by Resolution?
Thanks,
Kay Wall
If the current price is set by Ordinance you should do an Ordinance but it probably is not so you would do a Resolution.
Ray
From: Kay Robbins Wall
Sent: Tuesday, July 12, 2022 2:36 PM
To: OAMA Luistserv
Subject: [Oama] Resolution or Ordinance?
Fellow Attorneys:
Town has current contract for trash service. Contract provides for increase to customer for "circumstances beyond the control of the Contractor"
With the rising price of fuel, and the increased price of the landfill, Town and Contractor feel that a raise to customer is in order.
Should this be done by Ordinance, or by Resolution?
Thanks,
Kay Wall
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
I agree with Ray. If the current fee is set by ordinance, a resolution cannot change that fee. The change must be by ordinance.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, July 12, 2022 2:52 PM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: [Oama] Re: Resolution or Ordinance?
If the current price is set by Ordinance you should do an Ordinance but it probably is not so you would do a Resolution.
Ray
From: Kay Robbins Wall
Sent: Tuesday, July 12, 2022 2:36 PM
To: OAMA Luistserv
Subject: [Oama] Resolution or Ordinance?
Fellow Attorneys:
Town has current contract for trash service. Contract provides for increase to customer for "circumstances beyond the control of the Contractor"
With the rising price of fuel, and the increased price of the landfill, Town and Contractor feel that a raise to customer is in order.
Should this be done by Ordinance, or by Resolution?
Thanks,
Kay Wall
--
Oama mailing list -- oama@lists.imla.orgmailto:oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.orgmailto:oama-leave@lists.imla.org
I'll only follow up to add that there are often things in ordinances that
really aren't "laws" and which could probably be better done by resolution.
For example, when I started as City Attorney at Warr Acres, they had their
non-Union employee pay plan in the City Code (as well as some other
employment policy related matters). This gave me heartburn for
several reasons, not the least of which was - what happens if our Strong
Mayor decided to pay someone more than what was provided for in the pay
plan? Now you haven't just paid someone more than what was authorized, you
literally have violated the City Code. We removed it from the Code my first
full year there (when, of course, they wanted to adjust the pay plan and
asked me to prepare an ordinance!). We now make those adjustments by
resolution.
On Tue, Jul 12, 2022 at 4:06 PM Jon Miller JMiller@cityofmustang.org
wrote:
I agree with Ray. If the current fee is set by ordinance, a resolution
cannot change that fee. The change must be by ordinance.
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that
is privileged or confidential. If you received this email in error, please
notify the sender by reply email and delete the email and any attachments.
If you are a and officer, employee or agent of the City of Mustang, you
should not share this email with others. Sharing this email may result in
a loss of the attorney-client privilege.
From: rayvincent@coxinet.net rayvincent@coxinet.net
Sent: Tuesday, July 12, 2022 2:52 PM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv <
oama@lists.imla.org>
Subject: [Oama] Re: Resolution or Ordinance?
If the current price is set by Ordinance you should do an Ordinance but it
probably is not so you would do a Resolution.
Ray
From: Kay Robbins Wall
Sent: Tuesday, July 12, 2022 2:36 PM
To: OAMA Luistserv
Subject: [Oama] Resolution or Ordinance?
Fellow Attorneys:
Town has current contract for trash service. Contract provides for
increase to customer for "circumstances beyond the control of the
Contractor"
With the rising price of fuel, and the increased price of the landfill,
Town and Contractor feel that a raise to customer is in order.
Should this be done by Ordinance, or by Resolution?
Thanks,
Kay Wall
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org