During its regular meeting last week the Cordell City Council readdressed the new ordinance to implement an automatic annual three percent utility rate hike. The council voted to pass the ordinance, which will take effect March 1, 2020, with successive increases taking effect every Feb. 1 thereafter.
According to city administrator J.C. Moser, the ordinance failed to pass during the Dec. 16, 2019, meeting of the council, despite it being announced as passed at the meeting and in the approved meeting minutes. The final vote in December was 4-2 in favor, with council members Kelly Maddox-Tilley and Cheryl Wedel absent.
Oklahoma law, however, requires all ordinances to pass by a majority of the entire council - not just a majority of those present. As Maddox-Tilley’s resignation wasn’t effective until Dec. 19, 2019, she was still legally considered a member of the council, which means five votes were required for passage.
During last week’s meeting, the council voted 5-1 in favor of the automatic rate increases, with only councilwoman Earlene Smith dissenting. Council members Steve McLaughlin, Vona Hicks, Cheryl Wedel, Zetta Penner, and Vicky Dunlap voted in favor. Councilman James Newman was absent. Councilwoman Penner voted against the ordinance during the Dec. 16 meeting.
The council also reconsidered enacting the emergency clause, which would make the ordinance effective immediately. Oklahoma law requires a 30-day waiting period between the passage and effective date of ordinances, unless the emergency clause is enacted to preserve the immediate peace, health, or safety of the community. The law also requires a separate statement regarding the nature of the emergency, which was neither discussed in council nor listed on the meeting’s agenda.
The vote to implement the emergency clause, which requires a threefourths vote of the full council, failed on a 5-1 vote, with voting identical to that of the ordinance itself.
The council also voted to accept the resignation of Kelly Maddox-Tilley from the council and declare the Ward 3 seat open. Under Oklahoma law, the council has 60 days to appoint a replacement or they are required to call for a special election. The seat legally became vacant upon the effective date of her resignation, which was Dec. 19, 2019.