Okla. Stat. tit. 11, § 11-35-107 — OK Code / Title 11 / Section 11-35-107
Utility deposit — Refund — Notice — Forfeiture — Waiver
Status: in_force

for domestic violence victims.

A. Money in the municipal treasury which has been acquired as a

utility deposit from a customer of a municipal utility shall be

refunded or credited to the customer upon termination of the utility

service and payment of all charges due and connected with the

service, or at an earlier date as may be allowed by the

municipality. Refunds to the customer shall be made in accordance

with the procedures set forth in this section.

B. If a utility deposit is to be refunded to the customer

instead of being credited to the account of the customer, a refund

check or warrant payable to the customer shall be issued by the

municipal utility within thirty (30) days following the termination

of the utility service.

C. Utility deposit refund checks or warrants of Five Dollars

($5.00) or less shall be cashed by the customer within one (1) year

of the termination of the utility service. Any such refund check or

warrant not cashed by the customer within one (1) year of

termination of the utility service shall be canceled and the amount

of the deposit shall be paid into the fund of the municipal utility

Oklahoma Statutes - Title 11. Cities and Towns Page 311

for which the deposit was collected, or into the general fund as may

be determined by the municipal governing body. No municipal utility

customer shall have the right to any claim or refund on the deposit

following the expiration of the one-year time period as set forth in

this subsection.

D. If a utility deposit refund check or warrant in excess of

Five Dollars ($5.00) has not been cashed by a customer within one

(1) year following termination of the utility service to the

customer, the municipality shall send written notice to the customer

at the last-known address of the customer stating that the refund

check or warrant shall be canceled and the deposit will be paid over

to the municipality unless it is cashed by the customer within

ninety (90) days of the date the notice is mailed by the

municipality. If the check or warrant is not cashed within the

ninety (90) days, the check or warrant shall be canceled and the

amount of the deposit shall be paid into the fund of the municipal

utility for which the deposit was collected, or into the general

fund as may be determined by the governing body. No municipal

utility customer shall have a right to any claim or refund on the

deposit after written notice and expiration of the ninety-day period

in accordance with this subsection.

E. Provided, notwithstanding other provisions of law, a

municipally owned public utility shall waive any initial credit and

deposit requirements for a customer or applicant that has been

determined to be a victim of domestic violence, stalking, or

harassment, as defined in Section 109 of Title 43 of the Oklahoma

Statutes or Section 644 of Title 21 of the Oklahoma Statutes, by

providing proof of any of the following:

1. An existing protective order;

2. Law enforcement personnel statement; or

3. A statement of a designated representative of a certified

domestic violence shelter or certified domestic violence program

pursuant to Section 18p-6 of Title 74 of the Oklahoma Statutes.

This determination shall be evidenced by submission of a

certification letter to the utility. The municipality may accept

the certification letter provided for in Section 1 of this act, or a

certification letter on a form created by the municipality so long

as the contents are substantially the same as the certification

letter, as provided for in Section 1 of this act. The certification

letter expires after ninety (90) days. The municipally owned public

utility shall deem the certification letter and the contents thereof

as confidential and exempt from disclosure, pursuant to subsection D

of Section 24A.10 of Title 51 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-43-107 — OK Code / Title 11 / Section 11-43-107
Injunction for violations of regulations
Status: in_force

If any building, structure or land is in violation of any

municipal ordinance or other regulation, the proper local

authorities of the municipality, or any other person affected

thereby, in addition to other remedies, may institute appropriate

action or proceedings to prevent any unlawful erection,

construction, reconstruction, alteration, repair, conversion,

maintenance or use; to restrain, correct or abate any violation; to

prevent the unlawful occupancy of the building, structure or land;

or to prevent any illegal act, conduct, business or use in or about

the premises.
Okla. Stat. tit. 11, § 11-28-124 — OK Code / Title 11 / Section 11-28-124
Imprisonment for nonpayment of fine and costs - Persons
Status: in_force

unable to pay.

Any person who shall be convicted in the municipal criminal

court of record of a violation of any ordinance of the city and

sentenced to pay a fine and costs, who is financially able but

refuses or neglects to pay such fine and costs, shall be imprisoned

in the jail, farm or workhouse of the city, in the discretion of the

court, for one (1) day for each Twenty-five Dollars ($25.00) of the

fine and cost assessed or one (1) day for each Fifty Dollars

($50.00) of the fine and cost assessed if the person performs useful

labor. If the defendant is without means to pay the fine or costs,

the municipal judge may direct the total amount due to be entered

upon the court minutes and to be certified to the district court in

the county where the situs of the municipal government is located

where it shall be entered upon the district court judgment docket

and shall have the full force and effect of a district court

judgment. Thereupon, the same remedies shall be available for the

enforcement of the judgment as are available to any other judgment

creditor. Further, if the defendant is without means to pay the

fine or costs, and no undue hardship would result, the municipal

judge may direct the defendant to perform community service at a

rate of not less than the current federal minimum wage.
Okla. Stat. tit. 11, § 11-14-111 — OK Code / Title 11 / Section 11-14-111
Enforcement and penalties for violation of municipal
Status: in_force

ordinances.

A. The governing body of a municipality may provide for

enforcement of its ordinances and establish fines, penalties, or

imprisonment, as authorized by subsections B through D of this

section, for any offense in violation of its ordinances, which shall

be recoverable together with costs of suit. The governing body may

provide that any person fined for violation of a municipal ordinance

who is financially able but refuses or neglects to pay the fine or

costs may be compelled to satisfy the amount owed by working on the

streets, alleys, avenues, areas, and public grounds of the

municipality, subject to the direction of the street commissioner or

other proper officer, at a rate per day as the governing body may

prescribe by ordinance, but not less than Fifty Dollars ($50.00) per

day for useful labor, until the fine or costs are satisfied.

B. 1. Except for municipal ordinances related to prostitution

and as otherwise provided in this section, cities having a municipal

criminal court of record may enact ordinances prescribing maximum

fines of One Thousand Two Hundred Dollars ($1,200.00) and costs or

imprisonment not exceeding six (6) months or both the fine and

imprisonment, but shall not have authority to enact any ordinance

making unlawful an act or omission declared by state statute to be

punishable as a felony. Cities having a municipal criminal court of

record may enact ordinances prescribing maximum fines of One

Thousand Dollars ($1,000.00) and costs or imprisonment not exceeding

six (6) months or both such fine and imprisonment for violations of

municipal ordinances regulating the pretreatment of wastewater and

regulating stormwater discharges. Cities having a municipal

criminal court of record may enact ordinances prescribing maximum

fines of One Thousand Two Hundred Fifty Dollars ($1,250.00) and

costs or imprisonment not exceeding six (6) months or both such fine

and imprisonment for alcohol-related or drug-related traffic

offenses. The court shall remit Fifty Dollars ($50.00) of each

alcohol fine or deferral fee to a fund of the municipality that

shall be used to defray costs for enforcement of laws relating to

juvenile access to alcohol, other laws relating to alcohol and other

intoxicating substances, and traffic-related offenses involving

alcohol or other intoxicating substances. The sum of Fifteen

Dollars ($15.00) shall be assessed in every case for violations of

municipal ordinances relating to the offense of driving under the

influence of alcohol or other intoxicating substance and shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 83

remitted to the credit of the Oklahoma Impaired Driver Database

Revolving Fund created pursuant to Section 8 of this act.

2. For violations of municipal ordinances relating to

prostitution, including but not limited to engaging in prostitution

or soliciting or procuring prostitution, a municipal criminal court

of record may enact ordinances prescribing an imprisonment not to

exceed six (6) months, and fines as follows: a fine not to exceed

Two Thousand Five Hundred Dollars ($2,500.00) upon the first

conviction for violation of any such ordinances, a fine of not more

than Five Thousand Dollars ($5,000.00) upon the second conviction

for violation of any of such ordinances, and a fine of not more than

Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or

subsequent convictions for violation of any of such ordinances, or

both such fine and imprisonment as well as a term of community

service of not less than forty (40) nor more than eighty (80) hours.

C. Municipalities having a municipal court not of record may

enact ordinances prescribing maximum fines pursuant to the

provisions of this subsection. A municipal ordinance may not impose

a penalty, including fine or deferral fee in lieu of a fine and

costs, which is greater than that established by statute for the

same offense. The maximum fine or deferral fee in lieu of a fine

for traffic-related offenses relating to speeding or parking shall

not exceed Two Hundred Dollars ($200.00). The maximum fine or

deferral fee in lieu of a fine for alcohol-related or drug-related

offenses shall not exceed Eight Hundred Dollars ($800.00). For all

other offenses, the maximum fine or deferral fee in lieu of a fine

shall not exceed Seven Hundred Fifty Dollars ($750.00). The court

shall remit Fifty Dollars ($50.00) of each alcohol fine or deferral

fee to a fund of the municipality that shall be used to defray costs

for enforcement of laws relating to juvenile access to alcohol,

other laws relating to alcohol and other intoxicating substances,

and traffic-related offenses involving alcohol or other intoxicating

substances. The ordinances may prescribe costs pursuant to the

provisions of Section 27-126 of this title or imprisonment not

exceeding sixty (60) days or both the fine and imprisonment;

provided, that municipalities having only a municipal court not of

record shall not have authority to enact any ordinance making

unlawful any act or omission declared by state statute to be

punishable as a felony; provided further, that municipalities having

a municipal court not of record may enact ordinances prescribing

maximum fines of One Thousand Dollars ($1,000.00) and costs or

imprisonment not exceeding ninety (90) days or both such fine and

imprisonment for violations of municipal ordinances regulating the

pretreatment of wastewater and regulating stormwater discharges. If

imprisonment is available for the offense, then that person charged

shall have a right to a jury trial.

Oklahoma Statutes - Title 11. Cities and Towns Page 84

D. Municipalities having both municipal criminal courts of

record and municipal courts not of record may enact ordinances,

within the authority of this section, for each court.

E. No municipality may levy a fine or deferral fee in lieu of a

fine of over Fifty Dollars ($50.00) until it has compiled and

published its penal ordinances as required in Sections 14-109 and

14-110 of this title.

F. No municipality may levy a fine of more than Ten Dollars

($10.00) nor court costs of more than Fifteen Dollars ($15.00) for

exceeding the posted speed limit by no more than ten (10) miles per

hour upon any portion of the National System of Interstate and

Defense Highways, federal-aid primary highways, and the state

highway system which are located on the outskirts of any

municipality as determined in Section 2-117 of Title 47 of the

Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-36-305 — OK Code / Title 11 / Section 11-36-305
Consent to use bonds as payment for assessments
Status: in_force

The registered holder of any outstanding bonds issued to pay for

a street improvement may file his consent in writing with the

municipal clerk to use the bonds to pay for an assessment, or

installment thereof, which has been levied by the governing body.

The written consent shall be binding upon any transferee or assignee

of the bonds, and upon all of the registered owners signing the

consent, as to all payments and discharges made for such assessment

until written notice be filed with the clerk by the registered

holder, transferee or assignee, of the bond terminating his consent

thereto. After the written consent is filed and until written

notice of termination is given, the owner of any property in the

street improvement district may present, with the written consent of

the registered holder or holders, to the clerk the bonds bearing the

lowest serial numbers of the bonds outstanding in the series as

payment for the assessment, or any installment thereof, upon the

Oklahoma Statutes - Title 11. Cities and Towns Page 342

owner's property, whether delinquent or unmatured, with all interest

and penalty thereon. The clerk shall endorse upon each bond the

amount of the installment, and interest and penalty thereon, for

which the bond is tendered as payment. The clerk shall then issue a

receipt to the owner of the property for the amount of the

installment, together with interest and penalty, for which credit

has been endorsed upon the bonds. Whenever the credits upon any

bond so endorsed equals the principal amount of the bond, together

with all matured interest, the bond, together with all matured

interest, whether due or to become due, shall be canceled by the

clerk.
Okla. Stat. tit. 11, § 11-44-101 — OK Code / Title 11 / Section 11-44-101
Board of adjustment - Appointment
Status: in_force

Where a municipality is exercising zoning powers, as conferred

by Sections 43-101 through 43-109 of this title, the governing body

of the municipality shall provide by ordinance for the appointment

of a Board of Adjustment. The board of adjustment shall consist of

five (5) members, each to be appointed for a term of three (3) years

and removable for cause by the governing body, upon written charges

and after public hearing. Vacancies shall be filled for the

unexpired term of any member whose term becomes vacant.
Okla. Stat. tit. 11, § 11-17-203 — OK Code / Title 11 / Section 11-17-203
Application of act
Status: in_force

This act shall apply to any incorporated city or town which, by

resolution of the governing body, opts to come under and comply with

all its provisions and requirements. Once a municipality has

selected the Municipal Budget Act to govern its budget procedures,

the provisions of this act shall take precedence over any other

state laws applicable to municipal budgets, except as may be

provided otherwise in this act, and supersede any conflicting laws.

Any action of a municipal governing body to implement, rescind or

repeal the application of the Municipal Budget Act shall be

effective as of the beginning or end of a budget year pursuant to

this act.
Okla. Stat. tit. 11, § 11-51-104b — OK Code / Title 11 / Section 11-51-104b
Unfair Labor practices - Prevention
Status: in_force

A. The Public Employees Relations Board is empowered, as

hereinafter provided, to prevent any person, including bargaining

agent and corporate authorities, from engaging in any unfair labor

practice as defined herein.

B. Whenever it is charged that any person has engaged in or is

engaging in any such unfair labor practice, the Board shall have the

power to issue and cause to be served upon such person a complaint

stating the charges in that respect, and containing a notice of

hearing before the Board, at a place therein fixed, not less than

five (5) days after the serving of said complaint. The person so

complained of shall have the right to file an answer and to appear

and give testimony at the time and place fixed in the complaint. In

the discretion of the Board, any other person may be allowed to

intervene in such proceeding.

C. If upon the preponderance of the testimony taken the Board

shall be of the opinion that the person named in the complaint has

engaged in or is engaging in any such unfair labor practice, then

the Board shall state its findings of fact and shall issue and cause

to be served on such person an order requiring such person to cease

and desist from such unfair labor practice. Such order may further

require such person to make reports from time to time showing the

extent to which it has complied with the order. If upon the

preponderance of the testimony taken the Board shall not be of the

opinion that the person served in the complaint has engaged in or is

engaging in any such unfair labor practice, then the Board shall

state its findings of fact and shall issue an order dismissing the

complaint.

D. The Board, or any interested party, shall have the power to

petition the district court, wherein the unfair labor practice in

question occurred, for the enforcement of such order and for

appropriate temporary relief of restraining order.

Oklahoma Statutes - Title 11. Cities and Towns Page 695
Okla. Stat. tit. 11, § 11-17-113 — OK Code / Title 11 / Section 11-17-113
Publication of city financial statements
Status: in_force

Any municipality subject to the annual audit requirements of

Section 17-105 of this title shall cause to be published, within

thirty (30) days of receipt of its annual audit report, a notice of

availability of the annual audited financial statements for public

inspection. All publications mentioned in this section shall be

made in a newspaper of general circulation in the municipality. The

provisions of this section shall not apply to any city governed by

charter where the charter provides for the manner or procedure for

publication of such financial information.

Oklahoma Statutes - Title 11. Cities and Towns Page 115
Okla. Stat. tit. 11, § 11-37-112 — OK Code / Title 11 / Section 11-37-112
Making and enforcement of regulations - Expenses
Status: in_force

The making, enforcement and penalties for the violation of any

rules and regulations for the protection of the water supply and

water district shall be governed in all respects by the provisions

of state law on public water supplies and standards. All expenses

incident to and connected with the establishment of any water

district, and the making and enforcement of any and all rules and

regulations for the protection thereof, shall be borne by the

municipality and paid as are other claims against the municipality

relating to its water supply.
Okla. Stat. tit. 11, § 11-47-104 — OK Code / Title 11 / Section 11-47-104
Organization and rules
Status: in_force

The commission shall elect a chairman and create and fill other

of its offices as it may determine. The term of chairman shall be

one (1) year, with eligibility for re-election. The commission

Oklahoma Statutes - Title 11. Cities and Towns Page 499

shall hold at least one regular meeting each month. It shall adopt

rules for transaction of business and shall keep a record of its

resolutions, transactions, findings and determinations, which record

shall be a public record.
Okla. Stat. tit. 11, § 11-29-111 — OK Code / Title 11 / Section 11-29-111
Ballot - Canvass of returns and resolution of governing
Status: in_force

body.

A. 1. The question submitted to the registered voters of the

municipality shall be substantially in the following form:

Shall the City of ___________ contract for fire protection services

with a private entity, organization, corporation or company?

( ) Yes

( ) No

2. If the question includes the transfer of capital assets used

in fire protection services, a second question shall be submitted to

the registered voters of the municipality and shall be substantially

in the following form:

Oklahoma Statutes - Title 11. Cities and Towns Page 271

Shall the City of ___________ transfer ownership of capital assets

used in fire protection services to a public trust for use by the

private entity, organization, corporation or company in providing

such services?

( ) Yes

( ) No

B. 1. The secretary of the county election board shall, within

five (5) days after the canvass of returns, certify the results of

the election on the question to the governing body.

2. If a majority of the votes cast are in favor of contracting

for fire protection services with a private entity, organization,

corporation or company, the governing body shall, within twenty (20)

days after receiving the certification, adopt a resolution stating

that the city or town will contract for fire protection services

with a private entity, organization, corporation or company pursuant

to a solicitation of proposals on a competitive bid basis pursuant

to the provisions of the Oklahoma Central Purchasing Act.

3. If a majority of the votes cast are in favor of transferring

ownership of capital assets used in fire protection services to a

public trust for use by the private entity, organization,

corporation or company in providing such services, the governing

body shall, within twenty (20) days after receiving the

certification, adopt a resolution stating that the city or town will

create a public trust for such purpose and transfer ownership of the

assets to the public trust.
Okla. Stat. tit. 11, § 11-22-163 — OK Code / Title 11 / Section 11-22-163
Racing event permit
Status: in_force

A. A municipality or public trust may provide for the issuance

of a permit to conduct a racing event on or within a racing event

area located within the limits of the municipality. No person may

conduct a racing event on or within a racing event area located in a

municipality unless a permit has been issued which runs for the same

time period as any contract for conducting the race.

B. Prior to the issuance of a permit under this act, the

municipality shall determine that:

1. The applicant has adequate insurance to pay any damages

incurred because of loss of or injury to any person or property;

2. The applicant has demonstrated experience in conducting a

racing event on a highway or street or in a park;

3. Adequate security and necessary facilities will be provided

during the racing event, and

Oklahoma Statutes - Title 11. Cities and Towns Page 205

4. The applicant has demonstrated the ability to protect the

health, safety, and welfare of the citizens of the municipality and

those persons attending the racing event.

C. A municipality may charge a reasonable fee for the issuance

of a permit pursuant to this act.

D. A person who is issued a permit pursuant to this act may do

all of the following for the purposes of a racing event conducted

pursuant to this act:

1. Limit access to the racing event area, including, without

limitation, any racing event area from which the racing event may be

viewed;

2. Provide for viewing areas and pit areas or any other area on

or within the racing event area necessary to the conduction of the

racing event;

3. Charge admission fees to persons viewing the race or

entering the racing event area; and

4. Take any other action reasonably necessary for the purposes

of a racing event pursuant to this section.

E. A person who is issued a permit pursuant to this act shall:

1. Reasonably protect private property rights;

2. Not prevent access to governmental facilities; and

3. Provide for the restoration of the racing event area,

including all public highways, streets, alleys, sidewalks, parking

areas, parking lots, garages, public buildings and public parks to a

substantially similar condition as existed before the racing event

so that the racing event areas are suitable for normal use. The

restoration of any asphalt or paving shall occur after the

expiration of the permit or, if a race does not occur, within

twenty-four (24) months of the running of the previous race.

F. With respect to any racing event held pursuant to this act,

a municipality may:

1. Provide for the temporary closing or obstructing of the

racing event areas located within the municipality;

2. Reroute pedestrian and vehicular traffic; and

3. Waive ordinances and traffic regulations, including

ordinances and regulations providing for speed limits and traffic

control devices.

G. A municipality that issues a permit pursuant to this act

shall not be liable for any damages that may result from the racing

event because of loss of or injury to any person or property. After

a permit is issued, the state or county shall not be liable for any

damages that may result from the racing event because of loss of or

injury to any person or property. If a municipality, a county, or

the state is insured against liability for damages for any negligent

or wrongful act, omission, or occurrence resulting from a racing

event, the provisions of this subsection do not apply to the extent

of such coverage provided by the insurance policy.

Oklahoma Statutes - Title 11. Cities and Towns Page 206

H. A racing event held pursuant to this act and the actions of

the municipality or the permit holder taken pursuant to this act

shall not be considered or found to be a public or private nuisance.

I. A racing event held pursuant to this act and any action

taken by a municipality or a permit holder pursuant to this section

shall be considered as being for public purposes, including the

promotion of commerce and tourism, and for the benefit of the

citizens of the municipality and the state.

J. A permit issued pursuant to this act shall not be construed

in any way to restrict the use of private property.
Okla. Stat. tit. 11, § 11-36-111 — OK Code / Title 11 / Section 11-36-111
Change of grade - Compensation to abutting owners
Status: in_force

No change of any grade previously established by a municipality

shall be made without making due compensation to the owners of

abutting property for any damage thereby caused to permanent

improvements erected on the abutting property with reference to the

grade previously established. However, the failure to make such

compensation shall not invalidate any assessments on the property

chargeable with costs of a grade change as provided by law on street

improvements.
Okla. Stat. tit. 11, § 11-16-108 — OK Code / Title 11 / Section 11-16-108
Conduct of primary elections
Status: in_force

The general laws relating to primary elections shall govern

partisan municipal primaries except as otherwise provided. Party

candidates for municipal office, including those from wards as well

as at large, shall be nominated at large by the registered voters of

the respective parties of the entire municipality.
Okla. Stat. tit. 11, § 11-22-105.1 — OK Code / Title 11 / Section 11-22-105.1
Displacing private company providing solid waste collection service - Notice and
Status: in_force

hearing - Acquisition by purchase, donation, or condemnation - Judicial review of report ofcollection service - Notice and hearing - Acquisition by purchase,

Oklahoma Statutes - Title 11. Cities and Towns Page 150

donation, or condemnation - Judicial review of report of

commissioners.

A. Pursuant to Section 2-10-102 of Title 27A of the Oklahoma

Statutes, it is the policy of this state to regulate the management

of solid waste in order to protect the public health, safety and

welfare. For this purpose and for purposes of this section, the

management of solid waste shall be a matter of statewide interest.

B. No municipality shall displace or pass an ordinance to

displace a private company providing solid waste service without

first:

1. Holding at least one public hearing seeking comment on the

advisability of the municipality providing such service;

2. Providing at least forty-five (45) days written notice of

the hearing, delivered by first-class mail to all private solid

waste companies which provide service in the municipality; and

3. Providing public notice of the hearing.

Following the final public hearing held pursuant to this section,

but in no event longer than one (1) year after the date of the

hearing, if the municipality elects to provide such solid waste

services and displace the private solid waste services company, the

municipality shall purchase by condemnation the private solid waste

services as set forth in this section.

C. A municipality shall have the authority to acquire by

purchase, donation, or condemnation such interests in any private

company providing solid waste services operating within the limits

of the municipality. The municipality shall give the owner of the

displaced private solid waste company the opportunity to sell the

displaced private solid waste services to the municipality at an

agreed upon or negotiated price or the municipality may acquire the

business by condemnation as provided in this section.

D. If the municipality seeks to condemn the displaced private

solid waste services, the district judge of the county in which the

displaced services are located, upon petition of either party, shall

direct the sheriff of the county to summon three disinterested

freeholders, to be selected by the judge as commissioners, and who

shall not have a conflict of interest. The commissioners shall be

sworn to perform their duties impartially and justly. The

commissioners shall inspect the company and the displaced services

and consider the injury which the owner may sustain by reason of the

condemnation, and they shall assess the just compensation to which

the owner is entitled. The commissioners shall make a report in

writing to the clerk of the court, setting forth the quantity,

boundaries, and just compensation for the property or services

taken, and amount of injury done to the business, either directly or

indirectly, which they assess to the owner. The report shall be

filed and recorded by the clerk.

Oklahoma Statutes - Title 11. Cities and Towns Page 151

E. Immediately upon payment to the clerk of the court of the

sum assessed by the commissioners, the municipality shall be

authorized to provide solid waste services in the area serviced by

the owner of the business. If the owner refuses to cease providing

the solid waste services pursuant to this section, the court shall

issue an order, upon proof, enjoining the owner from providing the

solid waste services in the areas subject to such condemnation.

F. The report of the commissioners may be reviewed by the

district court, on written exceptions filed by either party in the

clerk's office within thirty (30) days after the filing of the

report. The court, after a hearing, shall make such order as right

and justice may require, either by confirmation, rejection, or by

ordering a new appraisement on good cause shown. In the event a new

appraisement is ordered, the municipality shall have the continuing

right of possession obtained under the first appraisal, unless and

until its right to condemn has finally been determined otherwise.

Either party may, within sixty (60) days after the filing of such

report, file with the clerk a written demand for a trial by jury, in

which case the amount of damages shall be assessed by a jury, and

the trial shall be conducted and judgment entered in the same manner

as civil actions in the district court. If the party demanding the

trial does not recover a verdict more favorable to such party than

the assessment of the commissioners, all costs in the district court

shall be taxed against such party. If, after the filing of

exceptions to the report of commissioners as provided in this

section, the municipality shall fail to establish its right to

condemn such business, the owner shall be restored to possession of

the business, or part thereof, and the municipality shall pay the

owner for any damages sustained through the occupation by the

municipality. If such damages cannot be determined by amicable

settlement, the damages shall be determined by jury trial in the

same proceedings.

G. Either party aggrieved may appeal to the Supreme Court from

the decision of the district court on exceptions to the report of

commissioners, or jury trial. The review or appeal shall not delay

the work of the municipality in question if the award of

commissioners, or jury, as the case may be, has been deposited with

the clerk for such owner. In no case shall the municipality be

liable for the costs on the review or appeal unless the owner of the

business shall be adjudged entitled, upon either review or appeal,

to a greater amount of damages than was awarded by the

commissioners. The municipality shall in all cases pay the cost of

the commissioners' fees and expenses, for their services, as

determined and ordered paid by the judge of the district court in

which such case is pending. However, poundage fees and condemnation

fees shall only be paid by the municipality in the event of appeal

resulting in a jury verdict in excess of the commissioners' award.

Oklahoma Statutes - Title 11. Cities and Towns Page 152

Under no circumstances shall any poundage fees or condemnation fees

be assessed against the recipient of the award. In case of review

or appeal, a certified copy of the final order or judgment shall be

transmitted by the clerk of the court to the county clerk and be

filed.

H. As used in this section:

1. "Displace" or "displacement" means a municipality's

provision of a service which prohibits a private company from

providing the same service and which the company is providing at the

time the decision to displace is made. Displace or displacement

does not mean:

a. competition between the municipality and private

companies for individual contracts,

b. situations where a municipality, at the end of a

contract with a private company, does not renew the

contract and either awards the contract to another

private company, or, decides to provide for such

services itself,

c. situations where action is taken against the private

company because the company has acted in a manner

threatening to the public health, safety and welfare

of the citizens of the municipality or resulting in a

substantial public nuisance,

d. situations where action is taken against the private

company because the company has materially breached

its contract with the municipality, or

e. entering into a contract with a private company to

provide solid waste collection so long as the contract

is not entered into pursuant to an ordinance which

displaces or authorizes the displacement of another

private company providing solid waste collection;

2. "Just compensation" means the value of the business taken,

and in addition, any injury to any part of the business not taken.

Any special and direct benefits to the part of the business not

taken may be offset only against any injury to the business not

taken. If only a part of the business is taken, just compensation

shall be ascertained by determining the difference between the fair

market value of the whole business immediately before the taking and

the fair market value of that portion left remaining immediately

after the taking; and

3. "Solid waste" means all putrescible and nonputrescible

refuse in solid, semisolid, or liquid form including, but not

limited to, garbage, rubbish, ashes or incinerator residue, street

refuse, dead animals, demolition wastes, construction wastes,

roofing material, solid or semisolid commercial and industrial

wastes including explosives, biomedical wastes, chemical wastes,

herbicide and pesticide wastes, organics, scrap materials, and

Oklahoma Statutes - Title 11. Cities and Towns Page 153

materials that are destined for recycling, reuse, conversion, or

processing, whether source separated or not.
Okla. Stat. tit. 11, § 11-30-107 — OK Code / Title 11 / Section 11-30-107
Donations
Status: in_force

Any person desiring to make donations of money, personal or real

property for the benefit of the municipal hospital, or for the

establishment, maintenance or endowment of the hospital, shall have

the right to vest the title to such money or property in the

municipality, to be held and controlled by the municipality, when

accepted, according to the terms of the donation. The municipality

shall be held and considered to be a special trustee as to such

money or property donated.
Okla. Stat. tit. 11, § 11-10-116 — OK Code / Title 11 / Section 11-10-116
Purchases and sales by city manager - Competitive bidding - Transfer of manager's
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 2bidding - Transfer of manager's powers.

A. The city manager shall contract for, purchase, or issue

purchase authorizations for all supplies, materials, and equipment

for offices, departments, and agencies of the city government,

subject to any regulations which the council may prescribe. Every

contract or purchase exceeding an amount to be established by the

council shall require the prior approval of the council. The city

manager may also sell or transfer to or between offices,

departments, and agencies surplus or obsolete supplies, materials,

and equipment, subject to regulations the council may prescribe.

B. The council may prescribe requirements and procedures for

competitive bidding. Notice and opportunity for competitive bidding

Oklahoma Statutes - Title 11. Cities and Towns Page 57

shall be given before a purchase or contract for supplies,

materials, or equipment is made, and before a sale of any surplus or

obsolete supplies, materials, or equipment is made, in accordance

with regulations the council may prescribe. The council shall not

exempt a particular contract, purchase, or sale from the requirement

of competitive bidding.

C. The council may transfer some or all of the power granted to

the city manager pursuant to the provisions of this section to an

employee appointed by and subordinate to the city manager.
Okla. Stat. tit. 11, § 11-43-102 — OK Code / Title 11 / Section 11-43-102
Establishing districts within municipality - Erection,
Status: in_force

etc. of buildings - Uniformity of regulations - Sale for consumption

of low-point beer.

A. The municipal governing body may divide the municipality

into districts of such number, shape and area as it deems suitable

in carrying out its powers as to buildings, land and structures.

Within the districts it may regulate and restrict the erection,

construction, reconstruction, alteration, repair or use of

buildings, structures or land. All such regulations shall be

uniform for each class or kind of buildings throughout each

district, but the regulations in one district may differ from those

in other districts.

B. The municipal governing body may enact nondiscriminatory

zoning ordinances regulating the location for the sale for

consumption on the premises of low-point beer, as defined in Section

163.2 of Title 37 of the Oklahoma Statutes, commonly called 3.2

beer; provided, however, that no special or separate classification

shall be created only for businesses selling said product.

C. Nothing in this section shall be construed to apply to

telephone exchange buildings.Oklahoma Statutes - Title 11. Cities and Towns Page 18
Okla. Stat. tit. 11, § 11-31-101 — OK Code / Title 11 / Section 11-31-101
Establishment of municipal libraries - Financial
Status: in_force

statement and estimate.

A municipal governing body may establish and maintain a public

library for the use and benefit of the citizens of the municipality.

The governing body may establish branch libraries in different parts

of the municipality to accommodate the citizens of the municipality.

After the establishment of a municipal public library, the municipal

governing body shall include an item in its municipal financial

Oklahoma Statutes - Title 11. Cities and Towns Page 283

statement and estimate of needs for the following fiscal year to

maintain the public library.
Okla. Stat. tit. 11, § 11-36-210 — OK Code / Title 11 / Section 11-36-210
Award of contract - Aggregate cost
Status: in_force

At the time and place named in the notice for proposals to

contractors, the municipal governing body shall examine all bids

received. Without unnecessary delay, the governing body shall award

the contract to the lowest and best bidder, who will perform the

work and furnish the materials which have been selected, and perform

all the conditions imposed by the governing body, as prescribed in

the resolution ordering the improvement and notice for proposals.

The aggregate amount of the contract shall not exceed the aggregate

estimate of cost submitted by the engineer for the improvement, and

in the event of any excess in cost over the engineer's estimate, the

excess shall be void and no assessments for such excess may be

levied. The governing body shall have the right to award a contract

for all or a portion of the improvement or to reject any or all

bids, and to readvertise for other bids when any bids are not, in

its judgment, satisfactory. The letting of the contract shall not

be complete until the contract is duly executed and the bonds

approved.
Okla. Stat. tit. 11, § 11-39-105 — OK Code / Title 11 / Section 11-39-105
Assessments against property wholly within, partly
Status: in_force

within or wholly without or partly without boundary of city levying

assessment - Contracts for improvements.

A. Whenever the boundary of a city is upon or along any street

which at that point lies wholly within, partly within or partly

without or wholly outside of its boundary, but contiguous to the

boundary of the city, the governing body of such city may include

the street in the district, improve that portion of such street and

assess a part of the cost thereof against the abutting property

lying on both sides of such street. Provided, however, if such

street is wholly or partly within the boundary of another city, the

governing body of such other city shall, by resolution, consent to

the improvement and give its consent to assessment of the benefited

property.

B. If, within thirty (30) days after the adoption of the

ordinance levying the assessment by the city creating the district,

the governing body of the city in which the property is situated

does not, by resolution, consent or ratify the assessments, the

governing body of the city creating the district may:

1. Modify the boundary of the district to exclude the property

from the district;

2. Assume the cost of the improvement assessed against the

property lying beyond the boundary of the city; or

3. Nullify the proceedings, including any contract, relating to

the district. Any failure on the part of the governing body of the

other city to ratify the assessments levied by the city creating the

improvement district shall not affect the validity of the

assessments which have been levied against any property lying within

the limits of the city creating the improvement district.

C. The owner, or his designated agent, of any property lying

outside the boundary of the city creating the district and in the

district, including the county and any affected subdivision outside

the city, shall have the same rights granted to owners of property

lying within the boundary of the city creating the district.

D. Whenever a part of the boundary of two or more cities is

upon or along any street or is along the edge of any street and the

governing bodies of the cities determine the necessity for making an

improvement upon any portion of the street, the governing bodies of

the cities may contract, upon such terms as are to them mutually

agreeable, to make the improvement. The contract shall:

1. Authorize one of the cities to create the district pursuant

to the Improvement District Act; and

2. Prescribe the apportionment of the costs, if any, among the

cities and the manner and payment of such cost. The payment of such

costs by the cities party to the contract is lawful whether the

improvement is wholly within, partly within and partly without or

wholly outside its limits.

Oklahoma Statutes - Title 11. Cities and Towns Page 434
Okla. Stat. tit. 11, § 11-28-111 — OK Code / Title 11 / Section 11-28-111
Qualifications of public defender - Appointment and
Status: in_force

tenure - Salary - Legal aid.

A. The office of public defender shall be assumed by an

attorney or attorneys authorized to practice law in Oklahoma. Said

attorneys shall be appointed by the judges of the municipal criminal

court of record and serve at the pleasure of the judges or shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 259

appointed and removed as provided by the city charter. The salary

of the municipal public defender shall be set by the city governing

body.

B. The city governing body and/or the presiding or chief judge

of the municipal criminal court of record may make suitable

arrangements with a legal aid society for representation of

indigents in lieu of appointing a municipal public defender.
Okla. Stat. tit. 11, § 11-30-102 — OK Code / Title 11 / Section 11-30-102
Hospital board of control
Status: in_force

The municipal governing body may, in its discretion and by

ordinance, place the exclusive management and control of the

municipal hospital under a board of control of five (5) members,

chosen by the governing body from the citizens of any school

district which is part of the municipality with reference to their

fitness for such office. The members of the board of control shall

hold office for a term of five (5) years from the first day of May

following their appointment, and their terms shall be staggered. At

the first regular meeting of the board, the members shall cast lots

for respective terms of one year, two years, three years, four

years, and five years; thereafter the terms of all members shall be

five (5) years. Vacancies in the board of control shall be filled

in the same manner as original appointments.
Okla. Stat. tit. 11, § 11-8-115 — OK Code / Title 11 / Section 11-8-115
Professional services - Independent contractor
Status: in_force

presumption.

A. It is the intention of the Legislature to encourage

attorneys, engineers and members of other professions to perform

their professional services for local and state governments.

B. An attorney, engineer or member of other profession who

performs duties required or permitted by statute as attorney,

prosecutor, judge, engineer or other professional for a local or

state government in Oklahoma pursuant to a retainer or contract for

professional services shall be presumed to be an independent

contractor and not an employee for all purposes if the terms of the

contract are consistent with established common law pertaining to

independent contractors as reflected in 26 C.F.R., Section

31.312(d)-2.

Oklahoma Statutes - Title 11. Cities and Towns Page 47
Okla. Stat. tit. 11, § 11-29-158 — OK Code / Title 11 / Section 11-29-158
Collection of tax - Delinquency
Status: in_force

The county assessor shall compute and enter in respective

columns of the tax rolls the respective sums in dollars and cents to

be paid on each piece of property therein enumerated. The county

clerk shall certify to the county treasurer in the county where the

district or any part thereof is located the amount of assessment in

each fund levied upon each tract. The county treasurer shall enter

the amount of each in separate columns of the tax list of the

county. The assessments shall be collected by the county treasurer

at the same time and in the same manner as all other taxes are

collected in this state. Costs associated with the collection of

the assessments incurred by the county treasurer shall be paid from

Oklahoma Statutes - Title 11. Cities and Towns Page 275

the proceeds of the district. If any assessment becomes delinquent,

it shall draw interest as a penalty after delinquency at the rate of

eighteen percent (18%) per annum. All assessments and penalties

collected or received by the county treasurer pursuant to this act

shall be paid to the municipal treasurers for the benefit of the

public safety protection district.
Okla. Stat. tit. 11, § 11-16-312 — OK Code / Title 11 / Section 11-16-312
Petition alleging irregularities other than fraud -
Status: in_force

Sufficiency of allegations - Hearing.

When a petition alleging irregularities other than fraud is

filed, the petition must allege a sufficient number of

irregularities and of such nature as to:

1. Prove that the contestant is lawfully entitled to be

announced the winner; or

2. Prove that it is impossible to determine with mathematical

certainty which nominee is entitled to be announced the winner.

Proof of failure of the presiding officer to take the vote by a

paper ballot shall be sufficient proof of this requirement.

If such allegations are not made, the petition shall be deemed

frivolous by the presiding judge and shall be dismissed. Said

petition must set forth specific allegations of irregularities. If

said petition is filed in the manner herein provided, the district

judge of the county or such other judge as may be assigned by the

Supreme Court shall hear and determine said issue in the same manner

as provided for a petition alleging fraud.
Okla. Stat. tit. 11, § 11-38-103 — OK Code / Title 11 / Section 11-38-103
Workable program for utilization of private and public
Status: in_force

resources.

A municipality for the purpose of this article shall formulate

for its area of operation a workable program for utilizing

appropriate private and public resources to eliminate and prevent

the development or spread of blight, to encourage needed

rehabilitation, to provide for the redevelopment of blighted areas,

or to undertake any of these activities or other feasible public

activities as may be suitably employed to achieve the objectives of

the workable program. The workable program may include, without

limitation, provision for: the prevention of the spread of blight

into areas of the municipality which are free from blight through

diligent enforcement of housing, zoning and occupancy controls and

standards; the rehabilitation or conservation of blighted areas or

portions thereof by replanning, removing congestion, providing

parks, playgrounds and other public improvements, by encouraging

voluntary rehabilitation and by compelling the repair and

rehabilitation of deteriorated or deteriorating structures; and the

clearance and redevelopment of blighted areas or portions thereof.

Oklahoma Statutes - Title 11. Cities and Towns Page 401
Okla. Stat. tit. 11, § 11-43-114 — OK Code / Title 11 / Section 11-43-114
Decision-making regulations and standards - Conditions
Status: in_force

of approval.

A. If a municipal zoning ordinance authorizes the consideration

and approval of a specific use permit pursuant to the provisions of

Oklahoma Statutes - Title 11. Cities and Towns Page 484

this act, the regulations and standards upon which those decisions

are made shall be specified in the ordinance. The standards shall

be consistent with, and promote the intent and purpose of the

comprehensive plan and/or ordinances, and promote the land use or

activity so as to be compatible with adjacent uses of land, the

natural environment, and the planned capacities of public services

and facilities affected by the land use. The standards shall also

ensure that the land use or activity is consistent with the public

health, safety, and welfare of the municipality.

B. Reasonable conditions may be required in conjunction with

the approval of a specific use permit. Conditions imposed shall

meet the following requirements:

1. Be designed to take into consideration natural environment,

the health, safety, and welfare of the residents and landowners

immediately adjacent to the proposed land use or activity, and the

community as a whole;

2. Be related to the valid exercise of the police power, and to

the proposed use or activity;

3. Be necessary to meet the intent and purpose of the zoning

requirements;

4. Be related to the standards established in the ordinance for

the land use or activity under consideration; and

5. Be necessary to ensure compliance with those standards.

C. The conditions imposed with respect to the approval of a

specific use permit shall be stated in the record of the approval

actions, and shall not be changed or amended except as authorized by

the zoning ordinance with notice as specified thereby. The

approving body shall maintain a record of conditions which are

changed.
Okla. Stat. tit. 11, § 11-27-128 — OK Code / Title 11 / Section 11-27-128
Writs of mandamus, prohibition and certiorari
Status: in_force

The district court in each county wherein a municipal court is

established shall have the same jurisdiction to issue to the

municipal court writs of mandamus, prohibition and certiorari as the

Supreme Court now has to issue such writs to courts of record.
Okla. Stat. tit. 11, § 11-41-113 — OK Code / Title 11 / Section 11-41-113
Parties to suit in correcting plat errors
Status: in_force

A. If the object of the petition is to correct one (1) block of

the plat, or any portion thereof, the petition shall name as parties

defendant the record owners, as of the time of commencing the suit,

of all the lots within the block sought to be corrected. The

municipality within which the plat is located shall be made a party

Oklahoma Statutes - Title 11. Cities and Towns Page 458

to the suit if the streets and alleys of the municipality will be

affected by the correction.

B. If the object of the petition is to correct a greater

portion than one (1) block of the plat, then the petition shall name

as parties defendant:

1. The record owners, as of the time of commencing the suit, of

the lots within the area sought to be corrected; and

2. The municipality within which the plat is located.
Okla. Stat. tit. 11, § 11-27-109 — OK Code / Title 11 / Section 11-27-109
Clerk of court - Duties
Status: in_force

The municipal clerk of any municipality where a municipal court

is established, or a designated deputy shall be the clerk of the

municipal court unless the governing body establishes or authorizes

a position of chief municipal court officer to serve as court clerk.

The court clerk shall have authority to carry out the duties of

the position as required by law; provided, that the person who

serves as court clerk may separately perform other duties for the

municipality. The clerk of the court shall:

1. Assist the judge in recording the proceedings of the court,

preparation of writs, processes, or other papers;

2. Administer oaths required in judicial or other proceedings

before the court;

3. Be responsible for the entry of all pleadings, processes,

and proceedings in the dockets of the court;

4. Perform such other clerical duties in relation to the

proceedings of the court as the judge shall direct; and

5. Receive and give receipt for and disburse or deliver to the

municipal treasurer all fines, forfeitures, fees, deposits, and sums

of money properly payable to the municipal court. Such funds and

sums of money while in the custody of the clerk shall be deposited

and disbursed upon vouchers as directed by the municipal governing

body.
Okla. Stat. tit. 11, § 11-50-103.1 — OK Code / Title 11 / Section 11-50-103.1
Police Pension and Retirement Board - Composition -
Status: in_force

Areas of representation - Terms - Vacancies - Selection criteria -

Officers.

A. There shall be an Oklahoma Police Pension and Retirement

Board which shall be composed of thirteen (13) members as follows:

1. Seven members shall be elected as follows:

Oklahoma Statutes - Title 11. Cities and Towns Page 615

a. One member shall be elected to represent State Board

District 1. State Board District 1 shall include that

area of the state, except for any area comprising

Oklahoma City, that is north of Interstate Highway 40

and west of Interstate Highway 35;

b. One member shall be elected to represent State Board

District 2. State Board District 2 shall include that

area of the state, except for any area comprising

Oklahoma City, that is south of Interstate Highway 40

and west of Interstate Highway 35;

c. One member shall be elected to represent State Board

District 3. State Board District 3 shall include that

area of the state, except for any area comprising

Oklahoma City or Tulsa, that is north of Interstate

Highway 40 and east of Interstate Highway 35;

d. One member shall be elected to represent State Board

District 4. State Board District 4 shall include that

area of the state, except for any area comprising

Oklahoma City, that is south of Interstate Highway 40

and east of Interstate Highway 35;

e. One member shall be elected to represent State Board

District 5. State Board District 5 shall include that

area of the state comprising the City of Tulsa;

f. One member shall be elected to represent State Board

District 6. State Board District 6 shall include that

area of the state comprising the City of Oklahoma

City; and

g. One member shall be elected to represent State Board

District 7. State Board District 7 shall include the

entire area of the state.

The members elected to represent State Board Districts 1 through 6

shall be active members of the System and work for a participating

municipality whose police department is physically located within

the State Board District. The member elected to represent State

Board District 7 shall be a retired member of the System. Elections

for the State Board Districts shall be held within six (6) months of

the date of the expiration of the term of office of a member or of

the date a vacancy occurs on such dates that are set by the State

Board. The initial term of office for State Board Districts 2, 5

and 7 shall begin on July 1, 1989. The initial term of office for

State Board Districts 3 and 6 shall begin on July 1, 1990. The

initial term of office for State Board Districts 1 and 4 shall begin

on July 1, 1991. The term of office of the elected members shall be

three (3) years. Only members of the System working for a

participating municipality whose police department is physically

located within the respective State Board Districts may participate

in the election process for State Board Districts 1 through 6. Only

Oklahoma Statutes - Title 11. Cities and Towns Page 616

retired members of the System may participate in the election

process for State Board District 7.

2. One member shall be appointed by the Speaker of the House of

Representatives;

3. One member shall be appointed by the President Pro Tempore

of the Senate;

4. One member shall be appointed by the Governor;

5. One member shall be appointed by the President of the

Oklahoma Municipal League;

6. One member shall be the State Insurance Commissioner or the

Commissioner's designee; and

7. One member shall be the Director of the Office of Management

and Enterprise Services or the Director's designee.

B. 1. The term of office of the member appointed to the State

Board by the Speaker of the House of Representatives and the term of

office of the member appointed to the State Board by the President

Pro Tempore of the Senate who are members of the State Board on the

operative date of this act, shall expire on January 3, 1989. The

members thereafter appointed by the Speaker of the House of

Representatives and by the President Pro Tempore of the Senate shall

serve terms of office of four (4) years.

2. The term of office of the member appointed by the Governor

who is a member of the State Board on the operative date of this act

shall expire on January 14, 1991. The members thereafter appointed

by the Governor shall serve a term of office of four (4) years which

is coterminous with the term of office of the office of the

appointing authority.

3. The initial term of office of the member appointed by the

President of the Oklahoma Municipal League shall expire on July 1,

1990. The members thereafter appointed by the President of the

Oklahoma Municipal League shall serve terms of office of four (4)

years.

4. Any vacancy that occurs shall be filled for the unexpired

term in the same manner as the office was previously filled.

C. The members appointed to the State Board by the Speaker of

the House of Representatives, the President Pro Tempore of the

Senate, the Governor and the President of the Oklahoma Municipal

League or who are designees of an ex officio member of the State

Board shall:

1. Have demonstrated professional experience in investment or

funds management, public funds management, public or private pension

fund management or retirement system management;

2. Have demonstrated experience in the banking profession and

have demonstrated professional experience in investment or funds

management;

3. Be licensed to practice law in this state and have

demonstrated professional experience in commercial matters; or

Oklahoma Statutes - Title 11. Cities and Towns Page 617

4. Be licensed by the Oklahoma Accountancy Board to practice in

this state as a public accountant or a certified public accountant.

The appointing authorities, in making appointments that conform

to the requirements of this subsection, shall give due consideration

to balancing the appointments among the criteria specified in

paragraphs 1 through 4 of this subsection.

D. No member of the State Board shall be a lobbyist registered

in this state as provided by law.

E. Notwithstanding any of the provisions of this section to the

contrary, any person serving as an appointed member of the State

Board on the operative date of this act shall be eligible for

reappointment when the term of office of the member expires.

F. The State Board shall elect one of its members as Chairman

at its annual meeting. The Chairman shall preside over meetings of

the State Board and perform such other duties as may be required by

the State Board. The State Board shall also elect another member to

serve as Vice Chairman, and the Vice Chairman shall perform duties

of Chairman in the absence of the latter or upon the Chairman's

inability or refusal to act.
Okla. Stat. tit. 11, § 11-47-112 — OK Code / Title 11 / Section 11-47-112
Transfer of zoning powers and duties to planning
Status: in_force

commission.

In order to avoid a multiplicity of boards and commissions and

to avoid a duplication of functions, the council may transfer to the

city planning commission all of the powers and duties of any zoning

commission or planning commission now existing and may authorize the

city planning commission to exercise the powers and to perform the

duties relative to the formulation of zoning regulations which are

now authorized by law. The provisions of this article shall not be

construed as a general grant of power to municipalities to create

districts and regulate buildings and land uses therein, but that

power shall continue as may be authorized by law.
Okla. Stat. tit. 11, § 11-49-123 — OK Code / Title 11 / Section 11-49-123
Moneys to be paid over to State Board
Status: in_force

All moneys provided for the System by this article shall be paid

over to and received by the State Board for the use and benefit of

the System.
Okla. Stat. tit. 11, § 11-52-102 — OK Code / Title 11 / Section 11-52-102
Definitions
Status: in_force

As used in Sections 52-101 through 52-107 of this title:

1. "Clerk", "treasurer" and "finance officer" mean any person

who is at any time responsible for the clerical or financial

records, or the keeping or making of any of them, of any city or

town government coming within the provisions of this article;

2. "Committee" means the Advisory Committee to the municipal

clerks and treasurers training division of the Oklahoma Department

of Career and Technology Education; and

3. "Division" means the municipal clerks and treasurers

training division of the Oklahoma Department of Career and

Technology Education.
Okla. Stat. tit. 11, § 11-17-105.1 — OK Code / Title 11 / Section 11-17-105.1
Filing of audit or agreed-upon-procedures report -
Status: in_force

Form.

An auditor shall file with the State Auditor and Inspector, at

the same time a certified copy of an audit or agreed-upon-procedures

report is filed as required in Section 17-105 of this title, two

copies of a prescribed form setting forth for the fiscal year

audited the funds available to the municipality and the use of those

funds. The form shall also include information relating to the duly

constituted authorities of the municipality and shall be on a form

approved by the State Auditor and Inspector. Copies of said audit

and the form shall be made available for public inspection by the

municipality and the State Auditor and Inspector. The State Auditor

and Inspector may contract for the preparation and reporting of the

information submitted on the form.
Okla. Stat. tit. 11, § 11-7-103 — OK Code / Title 11 / Section 11-7-103
Disposition of property - Payment of debts and
Status: in_force

liabilities - Contract rights.

The property belonging to the dissolved municipality shall be

used first to pay its debts and liabilities, and then disposed of in

the manner as a majority of the registered voters of the

municipality shall direct in a special election on the question of

disposition of property. No dissolution of an incorporated

municipality shall impair the rights of any person in any contract

or agreement to which the municipality is a party.
Okla. Stat. tit. 11, § 11-49-143.7 — OK Code / Title 11 / Section 11-49-143.7
Increase in benefits – July 1, 2020 - Offset
Status: repealed

A. Except as provided in subsection B of this section and

except for persons receiving benefits pursuant to Section 49-101 of

Title 11 of the Oklahoma Statutes, effective July 1, 2020, any

person receiving benefits from the Oklahoma Firefighters Pension and

Retirement System as of June 30, 2019, who continues to receive

benefits on or after July 1, 2020, shall receive an increase in

benefits as follows:

1. Zero percent (0%) if the person has been retired for less

than two (2) years as of July 1, 2020;

2. Two percent (2%) if the person has been retired for at least

two (2) years but less than five (5) years as of July 1, 2020; and

3. Four percent (4%) if the person has been retired for five

(5) years or more as of July 1, 2020.

B. Any increase in benefits a person is eligible to receive

pursuant to repealed Section 49-136 of Title 11 of the Oklahoma

Statutes after June 30, 2008, shall be used to offset the increase

in benefits provided in subsection A of this section.

C. Effective July 1, 2020, any person receiving benefits

pursuant to Section 49-101 of Title 11 of the Oklahoma Statutes

shall each receive:

Oklahoma Statutes - Title 11. Cities and Towns Page 606

1. No increase from the amount listed in subsection C of

Section 49-143.6 of Title 11 of the Oklahoma Statutes, which is

Seven Dollars and fifty-three cents ($7.53) per year of credited

service, not to exceed thirty (30) years of service, if the person

has been retired for less than two (2) years as of July 1, 2020;

2. An increase in benefits of two percent (2%) to Seven Dollars

and sixty-eight cents ($7.68) per year of credited service, not to

exceed thirty (30) years of service, if the person has been retired

for at least two (2) years but less than five (5) years as of July

1, 2020; and

3. An increase in benefits of four percent (4%) to Seven

Dollars and eighty-three cents ($7.83) per year of credited service,

not to exceed thirty (30) years of service, if the person has been

retired for five (5) years or more as of July 1, 2020.
Okla. Stat. tit. 11, § 11-47-102 — OK Code / Title 11 / Section 11-47-102
Grant of power to municipality
Status: in_force

Any municipality may make, adopt, amend, extend, add to, or

carry out a municipal plan as provided in this article and create by

ordinance a planning commission with the powers and duties herein

set forth. The planning commission shall be designated as the city

planning commission.
Okla. Stat. tit. 11, § 11-3-106 — OK Code / Title 11 / Section 11-3-106
Notice of election of town officers - Fees and expenses
Status: in_force

The order of the board of county commissioners shall be

submitted to the secretary of the county election board for the

purpose of conducting the election of town officers. If the town is

eligible to come within the provisions of the Oklahoma Town Meeting

Act and a majority of the petitioners desire to comply with the

provisions of the Oklahoma Town Meeting Act, the petitioners shall

call the election in accordance with the provisions of the Oklahoma

Town Meeting Act. Notice of any election of town officers shall be

in the manner provided by law for municipal elections. All expenses

for any election on the question of incorporation and the election

of officers shall be paid by the county and reimbursed by the town

when fully organized.
Okla. Stat. tit. 11, § 11-40-108.1 — OK Code / Title 11 / Section 11-40-108.1
Bonds or notes - Pledge of revenues
Status: in_force

A redevelopment trust operating pursuant to a duly adopted

redevelopment plan may issue tax apportionment bonds or notes in

accordance with the provisions of the Local Development Act, Section

850 et seq. of Title 62 of the Oklahoma Statutes, as amended, and

may receive and pledge revenues derived from the apportionment of ad

valorem taxes as provided in Sections 861 and 862 of Title 62 of the

Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-50-128 — OK Code / Title 11 / Section 11-50-128
Credit for military service
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 677

A. Any member who has heretofore left the Police Department

qualifying under this article to enter the military service of the

United States during World War II and who returned to said

department on or before July 1, 1947, or the Korean conflict and who

returned to said department on or before January 1, 1956, shall

receive credit for such time in military service without having made

contribution to the System; and any member who has heretofore left,

or hereafter may leave said department because of involuntary

conscription into the military services of the United States at any

time and who returns to said department within ninety (90) days

after the member's release from such involuntary service shall

receive credit for such time in said military service on the Police

Department without having made contribution to the System only for

that period that is involuntary; voluntary enlistments and voluntary

extensions of military service being herewith specifically excluded

for retirement credit.

B. A member who began participation in the System prior to July

1, 2003, and who retires on or after July 1, 1998, shall be entitled

to prior service credit, not to exceed five (5) years, for those

periods of military service on active duty prior to membership in

the Oklahoma Police Pension and Retirement System. All members who

initially begin participation with the System after June 30, 2003,

may acquire prior military service credit for a maximum of five (5)

years of such service credit upon payment of the actuarial cost of

such service in the manner prescribed by and subject to all of the

requirements of Section 50-111.4 of this title. For members of the

System hired or rehired on or after July 1, 2003, if the military

service credit authorized by this subsection is used to compute the

retirement benefit of the member and the member retires from the

System, such military service credit shall not be used to compute

the retirement benefit in any other retirement system created

pursuant to the Oklahoma Statutes and the member may receive credit

for such service only in the retirement system from which the member

first retires.

For purposes of this subsection, "military service" means

service in the Armed Forces of the United States by honorably

discharged persons during the following time periods, as reflected

on such person's Defense Department Form 214, as follows:

1. During the following periods, including the beginning and

ending dates, and only for the periods served, from:

a. April 6, 1917, to November 11, 1918, commonly referred

to as World War I,

b. September 16, 1940, to December 7, 1941, as a member

of the 45th Division,

c. December 7, 1941, to December 31, 1946, commonly

referred to as World War II,

Oklahoma Statutes - Title 11. Cities and Towns Page 678

d. June 27, 1950, to January 31, 1955, commonly referred

to as the Korean Conflict or the Korean War,

e. February 28, 1961, to May 7, 1975, commonly referred

to as the Vietnam era, except that:

(1) for the period from February 28, 1961, to August

4, 1964, military service shall only include

service in the Republic of Vietnam during that

period, and

(2) for purposes of determining eligibility for

education and training benefits, such period

shall end on December 31, 1976, or

f. August 1, 1990, to December 31, 1991, commonly

referred to as the Gulf War, the Persian Gulf War, or

Operation Desert Storm, but excluding any person who

served on active duty for training only, unless

discharged from such active duty for a service-

connected disability;

2. During a period of war or combat military operation other

than a conflict, war or era listed in paragraph 1 of this

subsection, beginning on the date of Congressional authorization,

Congressional resolution, or Executive Order of the President of the

United States, for the use of the Armed Forces of the United States

in a war or combat military operation, if such war or combat

military operation lasted for a period of ninety (90) days or more,

for a person who served, and only for the period served, in the area

of responsibility of the war or combat military operation, but

excluding a person who served on active duty for training only,

unless discharged from such active duty for a service-connected

disability, and provided that the burden of proof of military

service during this period shall be with the member, who must

present appropriate documentation establishing such service.

C. An eligible member pursuant to subsection B of this section

shall include only those persons who shall have served during the

times or in the areas prescribed thereunder and only if such person

provides appropriate documentation in such time and manner as

required by the System to establish such military service prescribed

in this section, or for service pursuant to division (1) of

subparagraph e of paragraph 1 of subsection B of this section, those

persons who were awarded service medals, as authorized by the United

States Department of Defense as reflected in the veteran's Defense

Department Form 214, related to the Vietnam Conflict for service

prior to August 5, 1964. The provisions of subsection B of this

section shall include military retirees, whose retirement was based

only on active service, that have been rated as having twenty

percent (20%) or greater service-connected disability by the

Veterans Administration or the Armed Forces of the United States.

Oklahoma Statutes - Title 11. Cities and Towns Page 679

D. Effective December 12, 1994, a leave of absence on account

of a period of "qualified military service" in the uniformed

services of the United States (within the meaning of Section

414(u)(5) of the Internal Revenue Code of 1986), followed by a

return to the service of the participating municipality within

ninety (90) days after the completion of the period of service,

shall constitute credited service. Notwithstanding any provision

herein to the contrary:

1. Contributions, benefits and service credit with respect to

qualified military service shall be provided in accordance with

Section 414(u) of the Internal Revenue Code of 1986, as amended,

which is in accordance with the Uniformed Services Employment and

Reemployment Rights Act of 1994, as amended (USERRA). The

municipality's contributions to the System for a member covered by

USERRA are due when such a member makes up his or her contributions

that were missed due to his or her qualified military service; and

2. Effective January 1, 2007, if any member dies while

performing qualified military service (as defined in Section 414(u)

of the Internal Revenue Code of 1986, as amended), the survivors of

the member are entitled to any additional benefits other than

benefit accruals relating to the period of qualified military

service provided under the System had the member resumed and then

terminated employment on account of death.

E. Any member who served in any branch of the United States

Armed Forces or any component thereof, who was honorably discharged,

and who began participation in the System on or after November 1,

2022, shall be entitled to prior service credit, not to exceed five

(5) years, upon payment of the actuarial cost of such service in the

manner prescribed by and subject to all of the requirements of

Section 50-111.4 of this title. For purposes of this subsection,

"military service" means service in the Armed Forces of the United

States by honorably discharged persons.
Okla. Stat. tit. 11, § 11-8-112 — OK Code / Title 11 / Section 11-8-112
Resignation of municipal officer
Status: in_force

A municipal officer may resign by submitting his written

resignation to the governing body of the municipality, to the

remaining members of the municipal governing body if some positions

are vacant, to the interim mayor or, if all positions of the

governing body will become vacant upon the resignation, to the board

of county commissioners of the county in which the municipality is

located. Delivery of the written resignation to the governing body

during a public meeting of such body or to the municipal clerk by

mail or personal delivery during regular office hours shall

constitute submission of the resignation to the municipal governing

body. Delivery of the written resignation to the board of county

commissioners during a public meeting of the commissioners or to the

county clerk by mail or hand delivery during regular office hours

shall constitute submission of the resignation to the board of

county commissioners. A resignation submitted by a municipal

officer may be withdrawn in writing at any time prior to the

effective date stated in the resignation. If no effective date is

stated, the resignation shall be effective immediately. Acceptance

by the governing body shall not be required for the resignation to

be effective.
Okla. Stat. tit. 11, § 11-16-314 — OK Code / Title 11 / Section 11-16-314
Omission of or noncompliance with notice requirements -
Status: in_force

Correction - Rectification of other errors and omissions -

Validation of business of original action.

When any of the requirements of this act as to notice of a

biennial or special town meeting have been omitted or not complied

with, the omission or noncompliance, if the meeting and the business

transacted at it is otherwise legal and within the scope of the

municipal powers, may be corrected and legalized by a majority vote

of the registered voters present at a regular town meeting or

special town meeting of the municipality called for that purpose,

with notice as required by Section 4 of this act. The question to

be voted upon shall substantially be, "Shall the action taken at the

meeting of this town held on (state date) in spite of the fact that

(state error or omission), and any act or action of the municipal

officers or agents pursuant thereto be readopted, ratified and

confirmed?". Errors or omissions in the conduct of an original

meeting which are not the result of an unlawful notice or

noncompliance within the scope of the notice, may be rectified by a

resolution of the governing body of the municipality passed by a

majority of the members of the governing body at a regular meeting

or a special meeting called for that purpose, stating that the

defect was the result of oversight, inadvertence or mistake. When

an error or omission of this nature has been thus corrected by

resolution, all business within the terms of the action of the

qualified voters shall be as valid as if the requirements had been

initially complied with, on condition, however, that the original

action thereby corrected by the governing body was in compliance

with the legal exercise of its governing powers.
Okla. Stat. tit. 11, § 11-43-109 — OK Code / Title 11 / Section 11-43-109
Appointment of zoning commission
Status: in_force

In order to avail itself of the powers conferred by this

article, the municipal governing body shall appoint a commission to

be known as the zoning commission to recommend the boundaries of the

various original districts and to recommend appropriate regulations

to be enforced therein. The commission shall make a preliminary

report and hold public hearings thereon before submitting its final

report. The governing body shall not hold its public hearings or

take action until it has received the final report of the

commission. Where a municipal planning commission already exists,

it shall be appointed as the zoning commission.municipal governing body – Timing.

Any suit to challenge any action, decision, ruling or order of

the municipal governing body under the provisions of this article

shall be filed with the district court within thirty (30) business

days from the action, decision, ruling or order.
Okla. Stat. tit. 11, § 11-51-102 — OK Code / Title 11 / Section 11-51-102
Definitions
Status: in_force

As used in this article, unless the context requires a different

interpretation:

1. "Fire fighters and police officers" shall mean the permanent

paid members of any fire department or police department in any

municipality within the State of Oklahoma but shall not include the

chief of police and an administrative assistant and the chief of the

fire department and an administrative assistant. The administrative

assistant shall be that person so designated by the chief of the

police department. "Police officers" as used herein shall be those

persons as defined in Section 50-101 of this title.

2. "Corporate authorities" means the proper officials, singly

or collectively, within any municipality whose duty or duties it is

to establish the wages, salaries, rates of pay, hours, working

conditions and other terms and conditions of employment of fire

fighters or police officers, whether they be the mayor, city

manager, town manager, town administrator, city council, town

council, director of personnel, personnel board or commission, or by

whatever other name the same may be designated, or any combination

thereof. It is not the intent of this paragraph that the above-

named officials shall in any way be exclusive or limiting.

3. "Strike" shall mean the concerted failure to report for

duty, the willful absence from one's position, unauthorized

holidays, sickness unsubstantiated by a physician's statement, the

stoppage of work, or the abstinence in whole or in part from the

full, faithful and proper performance of the duties of employment,

for the purpose of inducing, influencing or coercing a change in the

conditions, compensation, rights, privileges or obligations of

employment. Nothing contained in this article shall be construed to

limit, impair or affect the right of any public employee to the

expression or communication of a view, grievance, complaint or

opinion on any matter related to the conditions or compensation of

public employment or their betterment, so long as the same does not

interfere with the full, faithful and proper performance of the

duties of employment.

4. "Bargaining agent" shall mean any lawful association,

fraternal organization, labor organization, federation or council

having as one of its purposes the improvement of wages, hours and

other conditions of employment among employees of fire and police

departments.

Oklahoma Statutes - Title 11. Cities and Towns Page 690

5. "Collective bargaining" shall mean the performance of the

mutual obligation of the municipal employer or his designated

representatives and the representative of the employees to meet at

reasonable times, including meetings appropriately related to the

budget-making process; to confer in good faith with respect to

wages, hours and other conditions of employment, or the negotiation

of an agreement, or any question arising thereunder; and to execute

a written contract incorporating any agreement reached if requested

by either party. Such obligation shall not, however, compel either

party to agree to a proposal or require the making of a concession.

6. "Unfair labor practices" for the purpose of this article

shall be deemed to include but not be limited to the following acts

and conduct:

6a. Action by corporate authorities:

(1) interfering with, restraining, intimidating or

coercing employees in the exercise of the rights

guaranteed them by this article;

(2) dominating or interfering with the formation,

existence or administration of any employee

organization or bargaining agent;

(3) interfering in any manner whatsoever with the

process of selection by fire fighters or police

officers of their respective bargaining agents or

attempting to influence, coerce or intimidate

individuals in such selection;

(4) discharging or otherwise disciplining or

discriminating against a police officer or fire

fighter because he has signed or filed any

affidavit, petition or complaint or has given any

information or testimony under this article or

because of his election to be represented by the

bargaining agent;

(5) refusing to bargain collectively or discuss

grievances in good faith with the designated

bargaining agent with respect to any issue coming

within the purview of this article; or

(6) instituting or attempting to institute a lockout.

6b. Action by bargaining agent:

(1) interfering with, restraining, intimidating or

coercing employees in the exercise of the rights

guaranteed them by this article;

(2) interfering with or attempting to coerce the

corporate authorities in the selection of their

representatives for the purposes of collective

bargaining or the adjustment of grievances; or

(3) refusing to bargain collectively or discuss

grievances in good faith with the proper

Oklahoma Statutes - Title 11. Cities and Towns Page 691

corporate authorities with respect to any issue

coming within the purview of this article.

7. "Board" shall mean the Public Employees Relations Board.
Okla. Stat. tit. 11, § 11-39-117 — OK Code / Title 11 / Section 11-39-117
Delinquent assessment or installment - Rights and
Status: in_force

remedies for collection of assessment.

A. If the governing body fails or refuses to foreclose and sell

a tract or parcel of land for the delinquent assessment or

installment of the assessment as required in Section 39-116 of this

title, any holder of a bond secured by the assessment may foreclose

the assessment lien on such delinquent property in the manner

provided by law for the foreclosure of mortgages on real estate.

B. Whenever a governing body, board of county commissioners or

local board of education is delinquent in the payment of an

assessment, the holder of any bonds issued against the tract or

parcel of land of the city, county or school district has the rights

and remedies for the collection of the assessment as are given by

law for the collection of judgments against cities, counties and

school districts.Oklahoma Statutes - Title 11. Cities and Towns Page 17
Okla. Stat. tit. 11, § 11-36-109 — OK Code / Title 11 / Section 11-36-109
Ordinances and rules for making assessments for
Status: in_force

improvements - Expense of connections.

When a petition for improvement is presented, or when the

municipal governing body shall have determined to pave or otherwise

improve any street, avenue, lane, alley or other public place, and

shall have passed the required resolution, the governing body shall

then have the power to:

1. Enact all ordinances, and to establish all rules and

regulations as may be necessary to require the owners of all

property subject to assessment to pay the cost of such improvement;

or

2. Cause to be put in and constructed all utility lines and

connections in and underneath the streets, avenues, lanes and

alleys, and other public places where the improvements are made.

All cost and expense for making utility connections which are not

paid for by the property owner may be contracted for by the

municipality and shall be taxed as a direct charge against the

property, and shall be included in and made a part of the assessment

to cover the cost of the improvement.
Okla. Stat. tit. 11, § 11-51-108 — OK Code / Title 11 / Section 11-51-108
Hearing procedures - Special municipal elections -
Status: in_force

Effective date of agreements.

A. 1. The arbitration board acting through its chair shall

call a hearing to be held within ten (10) days after the date of the

appointment of the chair and shall, acting through its chair, give

at least seven (7) days’ notice in writing to each of the other two

arbitrators, the bargaining agent and the corporate authorities of

the time and place of such hearing.

2. At least seven (7) days before the date of the hearing the

corporate authorities and the bargaining agent shall submit to each

other and to the arbitration board members a written arbitration

statement listing all contract terms which the parties have resolved

and all contract issues which are unresolved. Each arbitration

statement shall also include a final offer on each unresolved issue.

The terms and offers contained in the arbitration statements shall

be known collectively as each party’s last best offer.

3. The hearing shall be informal and the rules of evidence

prevailing in judicial proceedings shall not be binding. Any and

all documentary evidence and other data deemed relevant by the

arbitrators may be received in evidence. The arbitrators shall have

the power to administer oaths and to require by subpoena the

attendance and testimony of witnesses, the production of books,

records, and other evidence relative or pertinent to the issues

presented to them for determination. A hearing shall be concluded

within twenty (20) days from the time of commencement.

4. Within seven (7) days after the conclusion of the hearing, a

majority of the arbitration board members shall select one of the

two last best offers as the contract of the parties. The criteria

to be used by the board in determining which offer to select shall

be limited to paragraphs 1 through 5 of Section 51-109 of this

title. The arbitration board may not modify, add to or delete from

the last best offer of either party. Written notice of the

selection decision shall be mailed or delivered to the bargaining

agent and the corporate authorities.

B. If the city’s last best offer is not selected by the

arbitration board, that party may submit the offers which the

parties submitted to the arbitration board to the voters of the

municipality for their selection by requesting a special election

for that purpose. The request for an election must be filed with

Oklahoma Statutes - Title 11. Cities and Towns Page 697

the clerk of the municipality within ten (10) days of the date of

the written decision of the arbitration board. Written notice of

the filing of the request shall be given to the bargaining agent.

If a request for an election is not filed in a timely manner, the

board’s selection decision shall be final, and the last best offer

it selected shall constitute the agreement of the parties.

C. Upon receiving a request for an election pursuant to the

provisions of this section, the clerk shall notify the mayor and

governing body of the request. Within ten (10) days of such

notification the municipal authorities shall call for a special

election. The election shall be governed by the state laws on

special municipal elections. Only residents of the municipality

shall be eligible to vote in said election. The ballot shall inform

the voters that they must choose either the last best offer of the

bargaining agent or the last best offer of the corporate

authorities. Within twenty (20) days of the date of the decision to

call for the election, the municipal authorities and the bargaining

agent shall agree on a ballot. If no agreement is reached within

that time, each party shall present a proposed ballot to the

arbitration board. The parties shall present their ballot to the

board no later than seven (7) days after the aforementioned twenty-

day period. The board shall consider the proposed ballots and shall

select one or the other within seven (7) days of the date of receipt

of the parties’ proposed ballots. The last best offer receiving a

majority of the votes shall become the agreement of the parties.

D. Concerning issues relating to money, such ballot shall

clearly state the total dollar amount of the offer from the

corporate authority and the total dollar amount of the offer from

the bargaining agent. Such ballot shall also disclose the

percentage of increase or decrease both offers have over or under

the last contract of the two parties.

E. Agreements which are reached as a result of selection by the

arbitration board or by election shall be effective on the first day

of the fiscal year involved regardless of the date of the final

selection.
Okla. Stat. tit. 11, § 12-103.1 — OK Code / Title 11 / Section 12-103.1
Nomination and election of at large trustees - Ordinance - Petition
Status: in_force

A. The board of trustees may, by ordinance, provide for the nomination and election at large of the trustees of a statutory town board of trustees form of government; provided, however, that such ordinance shall not become effective until sixty (60) days following the date of its publication. After the ordinance becomes effective, the requirement that trustees of a town be residents of and nominated from wards shall not apply.

B. Within such sixty-day period, the registered voters of such town may petition for an election on the question of nominating and electing the trustees at large. The petition shall be signed by a number of such registered voters that is not less than twenty percent (20%) of the votes cast at the most recent election for the town office receiving the greatest number of votes. The petition shall be filed with the town clerk. The ordinance providing for the nomination and election of trustees at large shall be suspended pending the determination of the sufficiency of the number of signatures on the petition or the determination of the results of the election.

C. Each petition filed with the town clerk shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the town. The clerk shall make a physical count of the number of signatures appearing on the petitions and shall verify with the county election board the number of votes cast at the most recent town election for the office receiving the greatest number of votes. The clerk shall then publish a notice of the filing and the apparent sufficiency or insufficiency of the petition. The notice shall also state that any qualified elector of the town may file a protest to the petition or an objection to the count made by the clerk. A protest to the petition or the count of signatures shall be filed in the district court in the county in which the situs of the town is located within ten (10) days after the publication. Written notice of the protest shall be served upon the clerk and the parties who filed the petition. In the case of the filing of an objection to the count, notice shall also be served upon any party filing a protest. The district court shall fix a day, not less than ten (10) days after the filing of a protest, to hear testimony and arguments for and against the sufficiency of the petition. A protest filed by anyone, if abandoned by the party filing it, may be revived within five (5) days by any other qualified elector. After the hearing, the district court shall decide whether such petition is in form required by law. If the number of signatures on the petition is insufficient, the ordinance shall become effective.

D. If the number of signatures of the registered voters on the petition is sufficient, an election on the question shall be conducted as provided in the applicable sections of Article 16 of this title. The question on the ballot shall read substantially as follows:

For the nomination and election of

trustees at large ( )

Against the nomination and election

of trustees at large ( )

E. If a majority of the votes cast on the question favor the nomination and election of trustees at large, the ordinance shall become effective. If a majority of the votes cast on the question are against the nomination and election of the trustees at large, the ordinance shall not become effective.
Okla. Stat. tit. 11, § 11-14-106 — OK Code / Title 11 / Section 11-14-106
Publication of ordinances
Status: in_force

No ordinance having any subject other than the appropriation of

monies shall be in force unless published or posted within fifteen

(15) days after its passage. Every municipal ordinance shall be

published at least once in full, except as provided for in Section

14-107 of this title. When publishing the ordinance, the publisher

or managing officer of the newspaper shall prefix to the ordinance a

line in brackets stating the date of publication as "Published

_______", giving the month, day, and year of publication.
Okla. Stat. tit. 11, § 11-22-108 — OK Code / Title 11 / Section 11-22-108
Power to suppress gaming and gambling
Status: in_force

The municipal governing body may enact ordinances to restrain,

prohibit, and suppress games and gambling houses, bowling alleys,

pool and billiard tables, and other gambling tables. The powers

granted to municipalities in this section shall not be construed to

repeal any gambling law now on the statute books, but shall be

cumulative only.
Okla. Stat. tit. 11, § 11-26-106 — OK Code / Title 11 / Section 11-26-106
Board of cemetery trustees - Appointment and creation
Status: in_force

Where a cemetery is owned by a municipality, the governing body

may provide by ordinance for the creation and appointment of a board

of cemetery trustees. The board of cemetery trustees shall consist

of three (3) members. The term of each member shall be six (6)

years, except that when the board is first appointed, one member

shall serve a term of two (2) years, one member shall serve a term

of four (4) years, and one member shall serve a term of six (6)

years.
Okla. Stat. tit. 11, § 11-37-121 — OK Code / Title 11 / Section 11-37-121
Contract or lease for purchase, sale and distribution
Status: in_force

of water - Extensions.

The municipal governing body may enter into a contract or lease

program as a governmental function for the purpose of buying,

selling, or distributing water with any nonprofit organization,

person, or water development or distribution corporation inside or

outside of the municipal limits in areas that the municipality is

not supplying or servicing with a source of water at the time that

the contract and lease arrangement is made. The annual contracts

for sale and purchase of water may be extended from year to year at

the option of the contracting parties. All said facilities,

contracts, leases, activities, programs, and performance thereof, on

behalf of the municipality, shall be governmental in nature.
Okla. Stat. tit. 11, § 11-46-104 — OK Code / Title 11 / Section 11-46-104
Public improvements and plats of land - Regional
Status: reserved

planning commission review - Rural land not served by municipal

water and sewer facilities - Punishment for violation.

A. Before final action shall be taken by any municipal or

county government or department thereof on the location and design

of any public buildings, statue, memorial, park, parkway, boulevard,

playground, public grounds, or bridge, within such regional

Oklahoma Statutes - Title 11. Cities and Towns Page 496

district, the question shall be submitted to the regional planning

commission for investigation and report.

B. All plans, plats, or replats of land laid out in lots or

blocks, and the streets, alleys, or other portions of the same

intended to be dedicated to public or private use, within such

regional district, shall first be submitted to the regional planning

commission and approved by it before it shall be entitled to record

in the office of the county clerk. It shall be unlawful to receive

or record any such plat, plan or replat in any public office unless

the same shall bear thereon, by endorsement or otherwise, the

approval of the regional planning commission. The disapproval of

any such plan, plat or replat by the regional planning commission

shall be deemed a refusal of the proposed dedication shown thereon.

C. In any regional district which contains large areas of rural

land not served by water and sewer facilities by any governmental

entity, the use of private roadways in either platted or unplatted

areas shall be recognized and authorized and building permits to

property owners abutting upon the private roadways shall be issued

without complying with standards as provided for dedicated streets

under the following conditions:

1. The private roadway easement shall be at least fifty (50)

feet in width;

2. The property abutting the private roadway shall contain not

less than two (2) acres;

3. The property shall be more than one-fourth (1/4) mile from

sewer and water facilities furnished by the governmental entity;

4. The private roadway shall not be dedicated to the public but

reserved for future dedication and, until such future dedication, be

the private roadway of the abutting property owners;

5. The private roadway shall be maintained by the owners of the

property within the subdivision;

6. No municipality or county shall have responsibility for the

maintenance and repair of the private roadway;

7. If the property is platted, there shall be emblemized on the

face of the plat, clearly conspicuous, a notice that the streets and

drives have not been dedicated to the public, and that the streets

shall be maintained by the private property owners within the

subdivision, but that the streets shall always be open to police,

fire, and other official vehicles of all state, federal, county and

municipal agencies;

8. Every deed shall clearly acknowledge that the roadway is

private and not maintained by any municipality or county;

9. Prior to the sale of any parcel in the subdivision, a

conspicuous sign shall be posted at the entrance to the subdivision:

"Private roadway not maintained by __________ (the municipality or

county)." At any time after use of such private roadway is

recognized and authorized pursuant to law, a petition of at least

Oklahoma Statutes - Title 11. Cities and Towns Page 497

sixty percent (60%) of the owners, in area, to improve and dedicate

the street shall bind all of the owners thereby to permanently

improve the street or roadway in compliance with the applicable

requirements of the municipality or county. All other ordinances

and planning commission regulations pursuant to the provisions of

this article relating to subdivisions not in conflict herewith shall

be applicable in such cases. The provisions of any ordinance,

planning commission regulation or statute relating to subdivisions

which are in conflict with this section are hereby superseded; and

10. The planning commission may require the developer of such

property to reserve appropriate utility easements for water, sewer

and any other utility installations as may be required for present

and future development.

D. Any person, partnership or corporation violating any of the

provisions of Sections 46-101 through 46-104 of this title, upon

conviction thereof, shall be fined not less than Two Hundred Dollars

($200.00) nor more than One Thousand Dollars ($1,000.00), or

imprisoned in the county jail for a term not less than thirty (30)

days, nor more than six (6) months, or may be subjected to both such

fine and imprisonment.
Okla. Stat. tit. 11, § 11-6-101 — OK Code / Title 11 / Section 11-6-101
Proposal for consolidation - Terms and conditions -
Status: in_force

Approval by governing bodies.

Any two or more municipalities lying adjacent to each other may

consolidate and become one municipal corporation. A proposal for

consolidation shall be prepared by the governing body of a

municipality when:

1. A resolution of the governing body so directs; or

2. A petition signed by at least twenty-five percent (25%) of

the registered voters of the municipality, as shown by the preceding

general election, is filed with the governing body.

The proposal shall then be submitted to the governing body of an

adjacent municipality for its approval. When the proposal is

approved, the governing bodies of the municipalities to be

consolidated, or their representatives, shall prepare the terms and

conditions of the consolidation. The terms and conditions of

consolidation shall provide for the transition of officers and

employees of each municipality which is to be consolidated. If each

governing body approves the terms of consolidation, it shall adopt a

resolution declaring its approval and shall provide for an election

on the question of consolidation.
Okla. Stat. tit. 11, § 11-29-106 — OK Code / Title 11 / Section 11-29-106
Contracts respecting fire protection
Status: in_force

Any contract for fire protection entered into by the governing

bodies of municipalities shall expressly stipulate the terms and

conditions upon and in compliance with which each party thereof is

to cooperate in furnishing, maintaining, and operating fire

equipment for outside aid or mutual aid or making payment for such

service. Governing bodies may contract to supply fire protection to

owners of any individual properties.
Okla. Stat. tit. 11, § 11-45-101 — OK Code / Title 11 / Section 11-45-101
Municipal planning commissions - Appointment authorized
Status: in_force

- Ordinances.

A municipal governing body may appoint a municipal planning

commission whenever it is deemed expedient and may pass suitable

ordinances for carrying out the provisions of this article.
Okla. Stat. tit. 11, § 11-16-202 — OK Code / Title 11 / Section 11-16-202
First election held in aldermanic cities with one
Status: in_force

councilmember per ward.

At the first general municipal election held in the odd-numbered

year following adoption of the aldermanic form of government with

one (1) councilmember per ward, the officers to be elected and their

terms are as follows:

1. Four-year terms: Councilmembers from odd-numbered wards;

the mayor; the clerk; the marshal; and the street commissioner.

2. Two-year terms: Councilmembers from even-numbered wards;

and the treasurer.

At general municipal elections held thereafter, the successors of

the officers whose terms are expiring shall be elected for four-year

terms.
Okla. Stat. tit. 11, § 11-17-211 — OK Code / Title 11 / Section 11-17-211
Expenditure of funds - Balances to be carried forward -
Status: in_force

Unlawful acts and liability therefor.

A. No expenditure may be incurred or made by any officer or

employee which exceeds the fund balance for any fund. Any fund

balance remaining in a fund at the end of the fiscal year shall be

carried forward to the credit of the fund for the next fiscal year.

No expenditure may be authorized or made by any officer or employee

which exceeds the appropriation of any fund.

B. It shall be unlawful for any officer or employee of the

municipality in any budget year:

1. To create or authorize creation of a deficit in any fund; or

2. To authorize, make or incur expenditures in excess of ninety

percent (90%) of the appropriation for any fund of the budget as

Oklahoma Statutes - Title 11. Cities and Towns Page 124

adopted or amended until revenues received, including the prior

fiscal year's fund balance carried forward, totals an amount equal

to at least ninety percent (90%) of the appropriation for the fund.

Expenditures may then be made and authorized so long as any

expenditure does not exceed any fund balance.

C. Any obligation that is contracted or authorized by any

officer or employee in violation of this act shall become the

obligation of the officer or employee himself and shall not be valid

or enforceable against the municipality. Any officer or employee

who violates this act shall forfeit his office or position and shall

be subject to such civil and criminal punishments as are provided by

law. Any obligation, authorization for expenditure or expenditure

made in violation of this act shall be illegal and void.
Okla. Stat. tit. 11, § 11-38-121 — OK Code / Title 11 / Section 11-38-121
Costs of urban renewal or redevelopment projects and
Status: in_force

repayment of interest and principal interest on bonds.

Notwithstanding any other statutory provision, it is hereby

stated that the costs of undertaking and carrying out urban renewal

or urban redevelopment projects and the repayment of interest and

principal on bonds issued under this act are valid and lawful

objects to which any revenue derived from ad valorem taxes levied

under subsection (a) of Section 9 of Article X of the Oklahoma

Constitution and not apportioned for the use of school districts

under subsection (a) of Section 9 of Article X of the Oklahoma

Constitution or Section 2495 of Title 68 of the Oklahoma Statutes,

may be applied.
Okla. Stat. tit. 11, § 11-17-204 — OK Code / Title 11 / Section 11-17-204
Definitions
Status: in_force

As used in this act, except as provided in Section 4 of this

act:

1. "Account" means an entity for recording specific revenues or

expenditures, or for grouping related or similar classes of revenues

and expenditures and recording them within a fund or department;

2. “Appropriated fund balance” means any fund balance

appropriated for a fund for the budget year;

3. "Appropriation" means an authorization to expend or encumber

revenues and fund balance of a fund;

4. "Budget" means a plan of financial operations for a fiscal

year, including an estimate of proposed expenditures for given

purposes and the proposed means for financing them;

5. "Budget summary" means a tabular listing of revenues by

source and expenditures by fund and by department within each fund

for the budget year;

6. "Budget year" means the fiscal year for which a budget is

prepared or being prepared;

7. "Chief executive officer" means the mayor of an aldermanic

city or a strong-mayor-council city, the mayor of a town, or the

city manager or chief administrative officer as it may be defined by

applicable law, charter or ordinance;

8. "Current year" means the year in which the budget is

prepared and adopted, or the fiscal year immediately preceding the

budget year;

9. "Deficit" means the excess of a fund's current liabilities

and encumbrances over its current financial assets as reflected by

its books of account;

10. "Department" means a functional unit within a fund which

carries on a specific activity, such as a fire department or a

police department within a general fund;

11. "Estimated revenue" means the amount of revenues estimated

to be received during the budget year in each fund for which a

budget is prepared;

12. "Fiscal year" means the annual period for reporting fiscal

operations which begins and ends on dates as the Legislature

provides or as provided by law;

13. "Fund" means an independent fiscal and accounting entity

with a self-balancing set of accounts to record cash and other

financial resources, together with all liabilities, which are

segregated for the purpose of carrying on specific activities or

attaining certain objectives;

Oklahoma Statutes - Title 11. Cities and Towns Page 120

14. "Fund balance" means the excess of a fund's current

financial assets over its current liabilities and encumbrances, as

reflected by its books of account;

15. "Governing body" means the city council of a city, the

board of trustees of a town, or the legislative body of a

municipality as it may be defined by applicable law or charter

provision;

16. "Immediate prior fiscal year" means the year preceding the

current year;

17. "Levy" means to impose ad valorem taxes or the total amount

of ad valorem taxes for a purpose or entity;

18. "Operating reserve" means that portion of the fund balance

which has not been appropriated in a budget year; and

19. "Municipality" means any incorporated city or town.
Okla. Stat. tit. 11, § 11-17-112 — OK Code / Title 11 / Section 11-17-112
Manufacturing establishments and public utilities -
Status: in_force

Exemption from municipal taxation.

Any municipality may, by a majority vote of the registered

voters of the municipality voting on the question, exempt from

municipal taxation for a period not to exceed five (5) years new

manufacturing establishments and public utilities locating in the

municipality.
Okla. Stat. tit. 11, § 11-49-143.1 — OK Code / Title 11 / Section 11-49-143.1
Increase in benefits - Amount - Offset
Status: repealed

A. Except as provided in subsection B of this section and

except for persons receiving benefits pursuant to Section 49-101 of

this title, effective July 1, 2002, any person receiving benefits

from the Oklahoma Firefighters Pension and Retirement System as of

June 30, 2001, who continues to receive benefits on or after July 1,

Oklahoma Statutes - Title 11. Cities and Towns Page 602

2002, shall receive a five percent (5%) increase in said benefits on

July 1, 2002.

B. Any increase in benefits a person is eligible to receive

pursuant to repealed Section 49-136 of this title after June 30,

2000, shall be used to offset the increase in benefits provided in

subsection A of this section.

C. Effective July 1, 2002, any persons receiving benefits

pursuant to Section 49-101 of this title shall each receive a

benefit equal to Six Dollars and sixty-nine cents ($6.69) for each

year of credited service not to exceed thirty (30) years of service.
Okla. Stat. tit. 11, § 11-24-102 — OK Code / Title 11 / Section 11-24-102
Legislative Findings and Declaration of Necessity
Status: in_force

Legislative Findings and Declaration of Necessity. It is

declared that the provision of adequate, reliable and economic

sources of electrical energy is in the public interest; that there

is a need to establish a means by which municipalities and public

trusts operating municipal electric systems may jointly plan,

finance, own and operate facilities relating to electrical energy

and acquire fuel and other supplies for the generation of electrical

energy through the creation of a power authority in order to achieve

economies and efficiencies not possible for municipalities and

public trusts acting alone; that the joint planning, financing,

ownership and operation of facilities relating to electrical energy,

the acquisition of fuel and other supplies for the generation of

electrical energy and the issuance of revenue bonds as provided

herein is for a public use and serves a valid public purpose; and

that the Legislature finds it necessary and proper to provide a

method for municipalities and public trusts operating municipal

electric systems to jointly plan, finance, develop, own or operate,

Oklahoma Statutes - Title 11. Cities and Towns Page 212

either by themselves or with other public agencies, utilities or

persons, facilities appropriate to the present and projected needs

of such municipalities and public trusts for electrical energy. It

is further declared that the intent of this act is to consider all

methods for the generation of electrical energy and to provide such

energy in the most economical manner available.
Okla. Stat. tit. 11, § 11-26-112 — OK Code / Title 11 / Section 11-26-112
Removal of remains to other gravesites - Unmarked
Status: in_force

graves.

When the bodily remains of an unknown person are discovered in

an unidentified and unmarked grave of a municipally owned and

operated cemetery, the remains may be removed to some other

gravesite within the cemetery, at the expense of the municipality,

if no record exists as to a sale or conveyance of the lot and the

municipality is without knowledge that a body had been buried in the

gravesite, in the event the lot is sold to another person. An

application for approval of the disinterment and removal of the

bodily remains shall be first filed with, and approval obtained

from, the State Health Department.
Okla. Stat. tit. 11, § 11-49-122.1 — OK Code / Title 11 / Section 11-49-122.1
Firefighters Pension and Retirement Fund -
Status: in_force

Establishment - Deposit and investment of contributions.

There is hereby established a fund to be designated as the

Oklahoma Firefighters Pension and Retirement Fund. All employee and

employer contributions shall be deposited in the Fund and may be

invested as provided in this article.
Okla. Stat. tit. 11, § 11-13-112 — OK Code / Title 11 / Section 11-13-112
Revocation or abolishment of charter - Adopting
Status: in_force

statutory form - Procedure.

A proposal to revoke or abolish the charter of a municipality

shall be made in the same manner provided for charter amendments and

shall include the proposed statutory form of municipal government to

be adopted when the charter is revoked, unless the proposal includes

the adoption of a new charter in lieu of the existing charter. The

question to be submitted to the registered voters of the

municipality shall be substantially in the following form:

Shall the (City or Town) of _______revoke the charter under

which it is now operating, and adopt and be governed under the

statutory ______ (name of proposed statutory form) form of municipal

government as provided by the laws of Oklahoma?

( ) Yes.

( ) No.
Okla. Stat. tit. 11, § 11-50-134.1 — OK Code / Title 11 / Section 11-50-134.1
Confidentiality of records
Status: in_force

All information, documents and copies thereof contained in a

member's retirement file shall be given confidential treatment and

shall not be made public by the Oklahoma Police Pension and

Retirement System without the prior written consent of the member to

which it pertains, but shall be subject to court order.
Okla. Stat. tit. 11, § 11-12-105 — OK Code / Title 11 / Section 11-12-105
Duties of the mayor - Acting mayor
Status: in_force

The mayor shall preside at meetings of the board and shall

certify to the correct enrollment of all ordinances and resolutions

Oklahoma Statutes - Title 11. Cities and Towns Page 70

passed by it. He shall be recognized as head of the town government

for all ceremonial purposes and shall have such other powers, duties

and functions as may be prescribed by law or ordinance. The mayor

shall have all the powers, rights, privileges, duties and

responsibilities of a trustee, including the right to vote on

questions. During the absence, disability or suspension of the

mayor, the board shall elect from among its members an acting mayor.

When a vacancy occurs in the office of mayor, the board shall elect

another mayor from among its members to serve for the duration of

the unexpired term.
Okla. Stat. tit. 11, § 11-7-102 — OK Code / Title 11 / Section 11-7-102
Conduct of election - Results
Status: in_force

Registered voters of the municipality shall vote by ballot "yes"

or "no" on the question of dissolution of the municipality. The

election shall be conducted in accordance with applicable election

laws. If a majority of the votes are in favor of dissolution, and

the votes have been cast by at least two-fifths of the registered

voters of the municipality (as shown by the preceding general

election), a statement of the vote signed by the mayor, and attested

by the clerk, shall be filed in the office of the county clerk in

the county in which the situs of the municipality is located and in

the office of the Secretary of State. At the expiration of six (6)

Oklahoma Statutes - Title 11. Cities and Towns Page 38

months from the date of the election on the question, the

municipality shall cease to be a corporation.
Okla. Stat. tit. 11, § 11-49-117.1 — OK Code / Title 11 / Section 11-49-117.1
Termination of service before normal retirement date
Status: in_force

- Refunds - Vested benefits - Retirement annuity - Rejoining System.

Oklahoma Statutes - Title 11. Cities and Towns Page 576

A. A member who terminates service before normal retirement

date, other than by death or disability shall, upon application

filed with the State Board, be refunded from the Fund an amount

equal to the sum of:

1. Accumulated contributions the member has made to the Fund;

2. Payments made to repurchase credited service pursuant to

this section;

3. Payments made to transfer credited service from another

retirement system pursuant to subsection A of Section 49-117.2 or

Section 49-117.3 of this title; and

4. Payments made to purchase prior military service credit

pursuant to subsection E of Section 49-138 of this title.

A refund made pursuant to this paragraph shall exclude interest

earned or paid with respect to any contribution or payment described

in subparagraphs 1 through 4 of this subsection, and any amount

contributed by the municipality or state, and interest earned with

respect to such contributed amount.

B. If a member has completed ten (10) years of credited service

at the date of termination, the member may elect a vested benefit in

lieu of receiving the refund described in subsection A of this

section.

C. If the member who has completed ten (10) or more years of

credited service as prescribed by subsection B of this section

elects the vested benefit, the member shall be entitled to a monthly

retirement annuity commencing on the date the member reaches fifty

(50) years of age or the date the member would have had twenty (20)

years of credited service had the member's employment continued

uninterrupted, whichever is later. The annual amount of such

retirement annuity shall be equal to two and one-half percent (2

1/2%) of the annualized final average salary multiplied by the

number of years of credited service not to exceed thirty (30) years.

The death benefits provided for in Section 49-113.2 of this title

shall not apply to any member retiring under the provisions of this

section.

D. If a member who terminated employment and elected, or was

eligible to elect, a vested benefit dies prior to being eligible to

receive benefits, the member's beneficiary, as defined in paragraph

16 of Section 49-100.1 of this title, shall be entitled to the

member's normal monthly retirement benefit on the date the deceased

member would have been eligible to receive the benefit.

E. If a member terminates employment and withdraws the member's

accumulated contributions and then subsequently rejoins the System,

he may pay to the System the sum of the accumulated contributions he

has withdrawn plus ten percent (10%) annual interest from the date

of withdrawal to the date of repayment and shall receive the same

benefits as if he had never withdrawn his contributions.

Oklahoma Statutes - Title 11. Cities and Towns Page 577

F. Members may make the repayment described in subsection E of

this section in cash by a trustee-to-trustee transfer or direct

rollover of non-Roth funds from a Code Section 403(b) annuity or

custodial account, an eligible deferred compensation plan described

in Code Section 457(b) which is maintained by an eligible employer

described in Code Section 457(e)(1)(A), a Code Section 401(a)

qualified plan, or a combination thereof, provided that after-tax

funds in retirement plans shall not be used to make a repayment.

G. In the event the member does not pay the purchase price in

whole or part pursuant to subsection F of this section, the State

Board may permit the member to pay the remaining purchase price in

cash by certified check, to amortize the remaining purchase price

over a period not to exceed sixty (60) months, or other method

approved by the State Board. Any amortized payments under this

subsection shall be made by payroll deductions on an after-tax basis

and shall not be picked up by the member's employer. The amortized

payments shall include interest at a rate not to exceed the

actuarially assumed interest rate adopted by the State Board for

investment earnings each year. Any member who ceases to make

payment, terminates, retires, or dies before completing the payments

provided for in this subsection shall receive prorated service

credit for only those payments made, not including interest, unless

the unpaid balance, including interest, is paid by the member, the

member's surviving spouse, the member's beneficiary, or the member's

estate or successor in interest within ninety (90) days after the

first to occur of said member's termination, retirement, or death;

provided that no retirement benefits shall be payable until the

earliest of the date the unpaid balance is paid in full or ninety

(90) days after the first to occur of the member's termination,

retirement, or death.

H. A firefighter shall not be permitted to withdraw from the

System while employed as a firefighter in a participating

municipality.

I. The State Board shall promulgate such rules or procedures as

are necessary to implement the provisions of this section.
Okla. Stat. tit. 11, § 11-31-108 — OK Code / Title 11 / Section 11-31-108
Annual report of board
Status: in_force

The library board shall make, on or before the thirty-first day

of July in each year, an annual report to the municipal governing

body stating:

1. The condition of its trust on the thirtieth day of June of

that year;

2. The various sums of money and property received from the

library fund and other sources, and how such moneys have been

expended and for what purposes;

3. The budget for the library for the next fiscal year;

4. Statistics on the general character and number of books and

periodicals which:

a. are on hand;

b. are lost or missing;

c. have been added by purchase, gift or otherwise

during the year; and

d. have been loaned out during the year;

5. The number of persons making use of the library during the

year; and

6. Such other information, statistics and suggestions as it

may deem of general interest.
Okla. Stat. tit. 11, § 11-21-109 — OK Code / Title 11 / Section 11-21-109
Taxation of annexed territory
Status: in_force

A. Tracts of land in excess of forty (40) acres which are

annexed to a municipality and used for industrial or commercial

purposes shall not be subject to ad valorem taxes at the municipal

rate. Tracts of annexed land in excess of five (5) acres which are

used by persons engaged in farming or ranching, and all farm animals

and livestock, and all agricultural implements and machinery and

household goods located on the land, shall not be subject to

municipal taxes unless the municipality furnishes services to these

tracts as are ordinarily furnished to municipal residents. Tracts

of land with an area of width no greater than three hundred twenty-

six (326) feet at the widest point which are annexed to a

municipality shall not be subject to municipal taxes, unless such

tracts are annexed pursuant to paragraph 2 of subsection A of

Section 21-103 of this title. No land which is used for

agricultural purposes may be taken within the limits of a town and

taxed at a greater rate than land which is adjacent to but outside

the town limits.

B. The revenue and taxation ordinances of any municipality and

the licensing and regulatory authority of any municipality shall not

apply or extend to any military installation located on federal

property which has been annexed in part or in whole by a

municipality on or after July 1, 1998, except to the following

extent. The sales, use and occupancy tax ordinances of a

municipality shall be applicable and extend to the part or whole of

the military installation on federal property annexed on or after

July 1, 1998, but the applicability of such ordinances shall be

limited to activities on the military installation engaged in by the

private sector involving the sale of goods and services taxable

under the Oklahoma Sales Tax Code, the storage, use or other

Oklahoma Statutes - Title 11. Cities and Towns Page 140

consumption of tangible property taxable under the Oklahoma Use Tax

Code, and the occupancy of hotel/motel rooms for rent whether

received in money or otherwise.
Okla. Stat. tit. 11, § 11-12-111 — OK Code / Title 11 / Section 11-12-111
Chief of police - Creation and duties
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 72

The board of trustees may appoint a chief of police, who shall

enforce municipal ordinances and have such other powers, duties and

functions as may be prescribed by law or ordinance. The chief of

police may appoint police officers as he deems necessary, subject to

the approval and confirmation of the board of trustees. All

references in Oklahoma Statutes to the town marshal shall mean the

town chief of police.
Okla. Stat. tit. 11, § 11-28-119 — OK Code / Title 11 / Section 11-28-119
Special panel
Status: in_force

In the event of the exhaustion of the regular jury panel, a

special panel may be prepared and summoned upon the order of the

judge directed to the chief of police of the city or sheriff of the

county in the same manner as is provided by law for summoning a

special panel in the district court.
Okla. Stat. tit. 11, § 11-32-104 — OK Code / Title 11 / Section 11-32-104
Rights of common carriers and utilities
Status: in_force

If the exercise of powers granted by Sections 32-103, and 32-105

through 32-117 of this title by the municipality makes necessary the

relocation, raising, rerouting or changing the grade of or altering

the construction of any railroad, common carrier, or public utility

property or facility, then all such relocation, raising, rerouting,

changing of grade or alteration of construction shall be

accomplished at the expense of the parking station improvement

district. The municipality shall not disturb the possession or

operation of any railroad, common carrier, or public utility in or

to the appropriated property or facility until the relocated

Oklahoma Statutes - Title 11. Cities and Towns Page 286

property or facilities are available for use and until marketable

title thereto has been transferred to the railroad, common carrier

or public utility.
Okla. Stat. tit. 11, § 11-49-120 — OK Code / Title 11 / Section 11-49-120
Account of tax paid by insurance companies - Warrants
Status: in_force

The Insurance Commissioner shall keep a separate account of the

amount of tax paid by all insurance companies and other entities

subject to the premium tax levied pursuant to Section 624 of Title

36 of the Oklahoma Statutes, as provided by Sections 312.1 and 624

through 626 of Title 36 of the Oklahoma Statutes, and in his report

to the State Auditor and Inspector and the State Treasurer he shall

certify the exact amount. The State Treasurer shall issue a warrant

to the State Board, for the benefit of the System, for the amount of

which the Fund shall be entitled and shall deliver the warrant to

the State Board.
Okla. Stat. tit. 11, § 11-22-112.3 — OK Code / Title 11 / Section 11-22-112.3
Certification of employees enforcing condemnation
Status: in_force

provisions.

Employees of a municipality assigned to enforce provisions of

Sections 22-112 and 22-112.1 of Title 11 of the Oklahoma Statutes

shall complete certification training specifically applicable to

such section as adopted and administered by the Oklahoma Code

Enforcement Association, an internationally recognized model code

Oklahoma Statutes - Title 11. Cities and Towns Page 173

organization, career technical education program, or an institution

of higher education. The certification training shall be completed

within one (1) year of employment or assignment for such

enforcement.
Okla. Stat. tit. 11, § 11-50-117 — OK Code / Title 11 / Section 11-50-117
Payment of pension to beneficiary of member - Amount -
Status: in_force

Eligibility - Limitations - Commencement and cessation of benefits.

Oklahoma Statutes - Title 11. Cities and Towns Page 671

A. The State Board is authorized to pay a pension to the

beneficiary of any member where requirements for eligibility for

such pension are met as provided in this subsection. The pension

shall be in an amount as the State Board shall provide not exceeding

the accrued retirement benefit or normal disability benefit. Before

any beneficiary of a member shall be entitled to any pension the

member must have complied with any agreement as to contributions by

the member and other members to the System where said agreement has

been made as provided by this article, and the State Board must find

that:

1. The member lost his or her life while in, and in consequence

of, the performance of the member’s duty and through no negligence

on the member’s part; and

2. The member left a beneficiary.

B. The State Board is authorized to pay a pension to the

beneficiary of any member where requirements for eligibility for

such pension are met as provided in this subsection. The member’s

beneficiary shall receive the member’s accrued retirement benefit.

Before any beneficiary of a member shall be entitled to any pension

the member must have complied with any agreement as to contributions

by the member and other members to the System where said agreement

has been made as provided by this article, and the State Board must

find that:

1. The member completed ten (10) years of credited service and

died from any cause; and

2. The member left a beneficiary.

C. If such finding is made, a pension shall be allowed, limited

as provided in this article. The pension shall commence to the

beneficiary of the member within one (1) year of the death of the

member and, except as otherwise provided in this section, shall be

payable over the life of the beneficiary. If the beneficiary is a

child of the member, the pension payments shall cease automatically

when the child reaches eighteen (18) years of age or twenty-two (22)

years of age if the child is enrolled full time and regularly

attending a public or private school or any institution of higher

education.

If the beneficiary is a surviving spouse of a member who

remarried prior to June 7, 1993, and was a surviving spouse of a

member who died while in, or as a consequence of, the performance of

the member’s duty for the employer, the surviving spouse shall be

eligible to receive the pension benefits provided for in this

section. To receive the pension benefits provided for in this

section the surviving spouse falling within this section shall

submit a written request for such benefits to the Oklahoma Police

Pension and Retirement System. The Oklahoma Police Pension and

Retirement System shall approve requests by surviving spouses

meeting the requirements of this section. Upon approval by the

Oklahoma Statutes - Title 11. Cities and Towns Page 672

Oklahoma Police Pension and Retirement System, the surviving spouse

shall be entitled to the pension benefits provided for in this

section beginning from the date of approval forward. Pension

benefits provided to surviving spouses falling within this section

shall not apply to alter any amount of pension benefits paid or due

prior to the Oklahoma Police Pension and Retirement System’s

approval of the remarried surviving spouse’s written request for

benefits.

No surviving spouse shall receive benefits from this section,

Section 49-113 of this title, or Section 2-306 of Title 47 as the

surviving spouse of more than one member of the Oklahoma

Firefighters Pension and Retirement System, the Oklahoma Police

Pension and Retirement System, or the Oklahoma Law Enforcement

Retirement System. The surviving spouse of more than one member

shall elect which member’s benefits he or she will receive.Oklahoma Statutes - Title 11. Cities and Towns Page 22
Okla. Stat. tit. 11, § 11-40-115 — OK Code / Title 11 / Section 11-40-115
Eminent domain - Lien foreclosure
Status: in_force

A. A redevelopment trust shall have the right to acquire by the

exercise of the power of eminent domain any real property in fee

simple or other estate which is necessary to accomplish the purposes

of this act, when so approved by the governing body.

Oklahoma Statutes - Title 11. Cities and Towns Page 453

B. A redevelopment trust may exercise the power of eminent

domain in the manner provided in Sections 9 through 14 of Title 27

of the Oklahoma Statutes; or it may exercise the power of eminent

domain in the manner provided by any other applicable statutory

provision for the exercise of the power of eminent domain. Property

already devoted to a public use may be acquired in like manner,

provided that no real property belonging to any city, county, public

trust or the state or any political subdivision thereof may be

acquired without its consent.

C. In the event of the sale or other disposition of real

property of any redevelopment trust by reason of the foreclosure of

any mortgage or other lien, through insolvency or bankruptcy

proceedings, by order of any court of competent jurisdiction, by

voluntary transfer or otherwise, the purchaser of such real property

of such redevelopment trust shall continue to use, operate and

maintain such real property in accordance with the provisions of any

project plan.
Okla. Stat. tit. 11, § 11-28-107 — OK Code / Title 11 / Section 11-28-107
Marshal of court
Status: in_force

The administrative head of the municipality, upon recommendation

of the judge of the municipal court, may designate any appropriate

person to serve as marshal, and in the absence of such a

designation, the chief of police or corresponding officer of the

municipality shall be ex officio marshal of the court. The marshal

shall execute all writs and other processes directed to him, except

as otherwise provided, and such duty may be performed by any deputy

marshal or by any member of the police force of the municipality, as

the case may be.
Okla. Stat. tit. 11, § 11-49-138 — OK Code / Title 11 / Section 11-49-138
Military service credit
Status: in_force

A. Any member of a regularly constituted fire department of any

municipality who is now serving or may hereafter serve in the Armed

Forces of the United States whether such service is voluntary or

involuntary, who shall have been a member of such fire department at

the time of entering such service, shall be entitled to have the

whole of the time of such service applied under the provisions of

Section 49-106 of this title, so far as the same applies to a

service pension; provided further, that the municipality shall

continue its payment into said pension fund, to the same force and

effect as though the member were in the actual service of such fire

department; provided, that any person who is eligible for such

Oklahoma Statutes - Title 11. Cities and Towns Page 594

service but who shall have volunteered for military or naval service

for a period not to exceed five (5) years shall likewise be entitled

to all of the benefits of Sections 49-138 through 49-142 of this

title for the full period of such service or enlistment; provided

further, that only one such period of voluntary service shall be

considered hereunder. If such person shall reenlist, unless

required to do so by law, such person shall not thereafter be

entitled to the provisions of this subsection. The provisions of

this subsection shall not apply where any such person dies during

the period of said service or enlistment, and shall not entitle the

surviving spouse or children to any benefits, and shall not apply to

any member who shall have served on active duty (including initial

active duty) for training purposes only and/or inactive duty

training.

B. Effective February 1, 1997, credited service received

pursuant to this section or credited service for wartime military

service received as otherwise provided by law shall be used in

determining the member's retirement benefit but shall not be used in

determining years of service for retirement, vesting purposes or

eligibility for participation in the Oklahoma Firefighters Deferred

Option Plan. For a member of the System hired on or after July 1,

2003, if the military service credit authorized by this section is

used to compute the retirement benefit of the member and the member

retires from the System, such military service credit shall not be

used to compute the retirement benefit in any other retirement

system created pursuant to the Oklahoma Statutes and the member may

receive credit for such service only in the retirement system from

which the member first retires.

C. A member who retires or elects to participate in the

Oklahoma Firefighters Deferred Option Plan on or after July 1, 1998,

shall be entitled to prior service credit, not to exceed five (5)

years, for those periods of military service on active duty prior to

membership in the Oklahoma Firefighters Pension and Retirement

System.

For purposes of this subsection, "military service" means

service in the Armed Forces of the United States by honorably

discharged persons during the following time periods, as reflected

on such person's Defense Department Form 214, as follows:

1. During the following periods, including the beginning and

ending dates, and only for the periods served, from:

a. April 6, 1917, to November 11, 1918, commonly referred

to as World War I,

b. September 16, 1940, to December 7, 1941, for members

of the 45th Division,

c. December 7, 1941, to December 31, 1946, commonly

referred to as World War II,

Oklahoma Statutes - Title 11. Cities and Towns Page 595

d. June 27, 1950, to January 31, 1955, commonly referred

to as the Korean Conflict or the Korean War,

e. February 28, 1961, to May 7, 1975, commonly referred

to as the Vietnam era, except that:

(1) for the period from February 28, 1961, to August

4, 1964, military service shall only include

service in the Republic of Vietnam during that

period, and

(2) for purposes of determining eligibility for

education and training benefits, such period

shall end on December 31, 1976, or

f. August 1, 1990, to December 31, 1991, commonly

referred to as the Gulf War, the Persian Gulf War, or

Operation Desert Storm, but excluding any person who

served on active duty for training only, unless

discharged from such active duty for a service-

connected disability;

2. During a period of war or combat military operation other

than a conflict, war or era listed in paragraph 1 of this

subsection, beginning on the date of Congressional authorization,

Congressional resolution, or Executive Order of the President of the

United States, for the use of the Armed Forces of the United States

in a war or combat military operation, if such war or combat

military operation lasted for a period of ninety (90) days or more,

for a person who served, and only for the period served, in the area

of responsibility of the war or combat military operation, but

excluding a person who served on active duty for training only,

unless discharged from such active duty for a service-connected

disability, and provided that the burden of proof of military

service during this period shall be with the member, who must

present appropriate documentation establishing such service.

D. An eligible member pursuant to subsection C of this section

shall include only those persons who shall have served during the

times or in the areas prescribed in subsection C of this section,

and only if such person provides appropriate documentation in such

time and manner as required by the System to establish such military

service prescribed in this section, or for service pursuant to

division (1) of subparagraph e of paragraph 1 of subsection C of

this section, those persons who were awarded service medals, as

authorized by the United States Department of Defense as reflected

in the veteran's Defense Department Form 214, related to the Vietnam

Conflict for service prior to August 5, 1964. The provisions of

subsection C of this section shall include military retirees, whose

retirement was based only on active service, that have been rated as

having twenty percent (20%) or greater service-connected disability

by the Veterans Administration or the Armed Forces of the United

States. The provisions of subsection C of this section shall not

Oklahoma Statutes - Title 11. Cities and Towns Page 596

apply to any person who shall have served on active duty for

training purposes only unless discharged from active duty for a

service-connected disability.

E. A member of the System who served in the Armed Forces of the

United States, or any component thereof, who was honorably

discharged from full-time active military service prior to becoming

a member of the System and whose full-time active duty military

service does not otherwise meet the qualifications for prior service

credit pursuant to subsections B through D of this section may

purchase up to five (5) years of full-time active duty military

prior service credit at the actuarial cost of service credit as

determined by the Oklahoma Firefighters Pension and Retirement

System Board, pursuant to Section 7 of this act.

The service credit provided by this subsection shall be

administered pursuant to subsections B through D of this section,

including, but not limited to, only full-time active duty military

service not for training-only purposes, unless discharged from

active duty for a service-connected disability, as reflected on the

member's Defense Department Form 214, shall be considered for prior

service credit, and such prior service credit shall only be used in

determining the member's retirement benefit but shall not be used in

determining years of service for retirement, vesting purposes, or

eligibility for participation in the Oklahoma Firefighters Deferred

Option Plan.

F. Notwithstanding any provision herein to the contrary:

1. Contributions, benefits and service credit with respect to

qualified military service shall be provided in accordance with

Section 414(u) of the Internal Revenue Code of 1986, as amended,

which is in accordance with the Uniformed Services Employment and

Reemployment Rights Act of 1994, as amended (USERRA); and

2. Effective January 1, 2007, if any member dies while

performing qualified military service (as defined in Section 414(u)

of the Internal Revenue Code of 1986, as amended), the survivors of

the member are entitled to any additional benefits (other than

benefits accruals relating to the period of qualified military

service) provided under the System had the member resumed and then

terminated employment on account of death.

G. Members or beneficiaries shall make application to the

System for credited service related to wartime military service.

Interest on additional benefits related to wartime military service

owed by the System to a retired member or beneficiary as provided by

law shall cease accruing one (1) year after the effective date the

additional benefits are payable by the System or July 1, 2000,

whichever is later, if the member has not applied to the System for

credited service related to such wartime military service.

Oklahoma Statutes - Title 11. Cities and Towns Page 597

H. The purchase of prior military service credit pursuant to

subsections B, C, D, and G shall not, in the aggregate, exceed five

(5) years of service credit.
Okla. Stat. tit. 11, § 11-24-116 — OK Code / Title 11 / Section 11-24-116
Meetings and Records
Status: in_force

Meetings and Records. All meetings of the Authority shall be

subject to the provisions of the Oklahoma Open Meeting Act, as

provided by Section 301 et seq. of Title 25 of the Oklahoma

Statutes. All records of the Authority shall be subject to the

provisions of the Oklahoma Open Records Act, as provided by Section

24A.1 et seq. of Title 51 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-28-106 — OK Code / Title 11 / Section 11-28-106
Duties of clerk - Certificate as prima facie proof
Status: in_force

The clerk of the municipal criminal court of record shall keep

and preserve the records of all proceedings had in the court, shall

keep a docket, and shall collect and receive or cause to be

collected and received all fines, costs, bond forfeitures and other

monies properly receivable by the clerk and shall account for the

same to the city governing body. The governing body may authorize

the appropriate finance official of the city by ordinance to collect

and receive all fines, costs, bond forfeitures and other monies

properly received by the clerk. When the clerk collects and

receives such monies, the clerk shall pay or cause to be paid all

such sums of money to the appropriate finance official of the city

as the governing body may prescribe. It shall be the duty of the

clerk to certify and authenticate all transcripts, cases and other

records of the court and the certificate of the clerk shall be prima

facie proof of the correctness of the copy of the document or record

authenticated.
Okla. Stat. tit. 11, § 11-30-105 — OK Code / Title 11 / Section 11-30-105
Meetings - Examinations - Pecuniary interest
Status: in_force

The board of control shall hold meetings at least once each

month and keep a complete record of all its proceedings. Three

members of the board shall constitute a quorum thereof. One of its

members shall visit and examine the hospital at least twice each

month. No member of the board shall have a pecuniary interest,

either directly or indirectly, in any purchase for the hospital,

except when such a purchase is made upon a competitive bid basis.
Okla. Stat. tit. 11, § 11-39-118 — OK Code / Title 11 / Section 11-39-118
Duties of trustees in foreclosure actions
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 445

In any action seeking the foreclosure of a lien against any

tract or parcel of land assessed by a city for the construction of

any improvement after bonds have been issued, the trustee of the

fund from which the bonds are to be paid may:

1. Purchase the tract or parcel of land sold at the foreclosure

sale; or

2. Bid, in lieu of cash, the full amount of the assessment and

interest found by the court to be due and payable under the

ordinance creating the lien and any cost taxed by the court in the

foreclosure proceedings against the property ordered sold.
Okla. Stat. tit. 11, § 11-39-116 — OK Code / Title 11 / Section 11-39-116
Duty of city relative to assessments and bonds -
Status: in_force

Personal liability.

A. Whenever a district has been created and bonds have been

issued to finance the improvement, a city shall either itself, or

acting through a third party administrator:

1. Collect the assessments annually or semiannually;

2. Act as trustee for the benefit of the holders of the bonds;

provided that, the city may contract with a bank with trust powers

to act as trustees;

3. Annually prepare a statement which shall:

a. be available for inspection in the office of the city

treasurer,

b. reflect the financial condition of the district,

c. list all the delinquencies existing at that time, and

Oklahoma Statutes - Title 11. Cities and Towns Page 444

d. institute proceedings to foreclose the assessment lien

against any tract or parcel of land which is

delinquent in the payment of the assessment or

installment of an assessment for a period of more than

one (1) year. In lieu of the foreclosure of a lien

against any tract or parcel of land which is

delinquent in the payment of an assessment or

installment of an assessment for a period of more than

one (1) year, a city may accept a deed to the property

subject to the lien if the owner of the property

tenders the deed to the municipality.

B. If more than one district is created, the money from

assessments in each district shall be kept in a separate fund and

used for the payment of principal and interest of the bonds

outstanding against that district. Nothing herein shall prevent the

appointment and compensation by the district of a registrar,

transfer, authenticating, paying or other agents to effect the

transfer of ownership, change of payee of any bond issued by the

district and to maintain books and records relating thereto.

C. Neither any member of the governing body of a city creating

a district nor any person acting on behalf of the city or district,

while acting within the scope of his or her authority, shall be

subject to any personal liability for any action taken or omitted

within that scope of authority.
Okla. Stat. tit. 11, § 11-9-114 — OK Code / Title 11 / Section 11-9-114
Marshal and street commissioner
Status: in_force

There shall be one marshal and one street commissioner, who

shall be officers of the city. The marshal may be the chief of

police. The marshal shall have such powers, duties, and functions

as may be prescribed by law or by ordinance. The street

commissioner may be the head of the street department. The street

commissioner shall have such powers, duties, and functions as may be

prescribed by law or by ordinance.
Okla. Stat. tit. 11, § 11-50-133 — OK Code / Title 11 / Section 11-50-133
Costs and expenses of operation, administration and
Status: in_force

management of system fund - Equipment and supplies.

All costs and expenses incurred in the operation, administration

and management of the System shall be paid by the State Board from

the monies of the fund, including but not limited to commissions or

other costs resulting from the purchase, sale or other transfer of

assets.

The State Board is authorized to purchase such equipment and

supplies as it deems necessary for the efficient operation,

administration and management of the System. Payment for such

equipment and supplies shall be made from the operating account of

the System. Such payments shall be considered an expense of the

System and the equipment and supplies so purchased shall be an asset

of the System.Oklahoma Statutes - Title 11. Cities and Towns Page 23
Okla. Stat. tit. 11, § 11-16-111 — OK Code / Title 11 / Section 11-16-111
Unopposed candidates in primary election
Status: in_force

Any candidate who is unopposed for an office in a partisan

primary election shall be deemed nominated and so certified; and his

or her name shall not appear on the primary election ballot. If

there are unopposed candidates for each of the offices which are up

for election, no primary election shall be held.
Okla. Stat. tit. 11, § 11-44-102 — OK Code / Title 11 / Section 11-44-102
Meetings and rules
Status: in_force

The board of adjustment shall adopt rules in accordance with the

provisions of the ordinance adopted by the municipal governing body.

Meetings of the board of adjustment shall be held at the call of the

chairman and at such other times as the board of adjustment may

determine. The chairman, or in his absence the acting chairman, may

administer oaths and compel the attendance of witnesses. The board

of adjustment shall be subject to the open meeting laws of the state

and all meetings, deliberations and voting of the board shall be

open to the public. The board of adjustment shall keep minutes of

its proceedings, showing the vote of each member upon each question,

or, if absent or failing to vote, indicating such fact, and shall

keep records of all official actions, all of which shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 486

immediately filed in the office of the board of adjustment and shall

be public record.
Okla. Stat. tit. 11, § 11-1-110 — OK Code / Title 11 / Section 11-1-110
Municipal employees - Forfeiture of retirement benefits
Status: in_force

A. Any municipal officer or employee upon final conviction of,

or pleading guilty or nolo contendere to, a felony for bribery,

corruption, forgery or perjury or any other crime related to the

duties of his or her office or employment in a state or federal

court of competent jurisdiction shall forfeit retirement benefits

provided by law. The forfeiture of retirement benefits shall not

occur if any such officer or employee received a deferred sentence,

Oklahoma Statutes - Title 11. Cities and Towns Page 26

but retirement benefits shall not commence prior to completion of

the deferred sentence. The forfeiture of retirement benefits

required by this section shall not include the officer's or

employee's contributions to the retirement system or retirement

benefits that are vested on the effective date of this act.

B. The forfeiture of retirement benefits as provided by

subsection A of this section shall also apply to any such officer or

employee who, after leaving the office or employment, is convicted

of, or pleads guilty or nolo contendere to, in a state or federal

court of competent jurisdiction, a felony committed while in such

office or employment, where the felony is for bribery, corruption,

forgery or perjury or any other crime related to the duties of his

or her office or employment.

C. The forfeiture shall continue until such time as the

conviction or guilty plea is reversed by the highest appellate court

to which the officer or employee may appeal.

D. The attorney responsible for prosecuting the municipal

officer or employee shall notify the retirement system in which the

officer or employee is enrolled of the forfeiture of the officer's

or employee's retirement benefits. Upon receipt of the notice of

forfeiture, the retirement system shall immediately suspend all

benefits of the officer or employee, and shall notify the officer or

employee of his or her right to a hearing to review whether the

conviction or plea qualifies for forfeiture of benefits under this

section. If the conviction or plea occurs in federal court or the

notice of forfeiture is not forthcoming from the state prosecutor,

the retirement system may investigate and gather court documents and

contact prosecutors to determine whether the conviction or plea

qualifies under this section. Upon obtaining sufficient

documentation of the conviction or plea, the retirement system shall

immediately suspend all benefits of the officer or employee, and

notify the officer or employee of his or her right to a hearing to

review whether the conviction or plea qualifies for forfeiture of

benefits under this section.

E. The provisions of this section shall apply to a municipal

officer or employee who is a member of a retirement system

authorized in Sections 48-101 through 48-106 of this title, the

Oklahoma Firefighters Pension and Retirement System, the Oklahoma

Police Pension and Retirement System or the Oklahoma Public

Employees Retirement System.
Okla. Stat. tit. 11, § 11-49-106 — OK Code / Title 11 / Section 11-49-106
Retirement benefits - Waiver of benefits - Direct
Status: in_force

payment to insurer.

A. Any firefighter who reaches the firefighter's normal

retirement date shall be entitled, upon written request, to retire

from such service and be paid from the Oklahoma Firefighters Pension

and Retirement System a monthly pension equal to the member's

accrued retirement benefit; provided, that the pension shall cease

during any period of time the member may thereafter serve for

compensation in any municipal fire department in the state. If such

a member is reemployed by a participating municipality in a position

which is not covered by the System, retirement shall also include

receipt by such member of in-service distributions from the System.

B. With respect to distributions under the System made for

calendar years beginning on or after January 1, 2005, the System

shall apply the minimum distribution incidental benefit

requirements, incidental benefit requirements, and minimum

distribution requirements of Section 401(a)(9) of the Internal

Revenue Code of 1986, as amended, in accordance with the final

regulations under Section 401(a)(9) of the Internal Revenue Code of

1986, as amended, including Treasury Regulations Sections

1.401(a)(9)-1 through 1.401(a)(9)-9; provided, however, that for

distributions required to be made after December 31, 2019, for

individuals who attain seventy and one-half (70 1/2) years of age

after December 31, 2019, but before January 1, 2023, such

distributions shall take into account that age 70 1/2 was stricken

and age 72 was inserted in Section 401(a)(9)(B)(iv)(I), Section

401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal

Revenue Code of 1986, as amended, and, provided further, that for

individuals who attain seventy-two (72) years of age after December

31, 2022, such distributions shall take into account that "age 72"

was stricken and "the applicable age", as defined in Section

401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as amended,

was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal Revenue

Code of 1986, as amended (applicable to calendar year 2023), Section

Oklahoma Statutes - Title 11. Cities and Towns Page 532

401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the Internal

Revenue Code of 1986, as amended, and that the further revision of

Section 401(a)(9)(B)(iv) of the Internal Revenue Code of 1986, as

amended, effective for calendar years after 2023 with respect to

certain distributions shall be taken into account, in all cases

notwithstanding any provision of the System to the contrary. With

respect to distributions under the System made for calendar years

beginning on or after January 1, 2001, through December 31, 2004,

the System shall apply the minimum distribution requirements and

incidental benefit requirements of Section 401(a)(9) of the Internal

Revenue Code of 1986, as amended, in accordance with the regulations

under Section 401(a)(9) of the Internal Revenue Code of 1986, as

amended, which were proposed in January 2001, notwithstanding any

provision of the System to the contrary. Effective July 1, 1989,

notwithstanding any other provision contained herein to the

contrary, in no event shall commencement of distribution of the

accrued retirement benefit of a member be delayed beyond April 1 of

the calendar year following the later of:

1. The calendar year in which the member reaches seventy and

one-half (70 1/2) years of age for a member who attains age seventy

and one-half (70 1/2) before January 1, 2020, or effective for

distributions required to be made after December 31, 2019, but

before January 1, 2023, the calendar year in which the member

reaches seventy-two (72) years of age for an individual who attains

age seventy and one-half (70 1/2) after December 31, 2019, or

effective for distributions required to be made after December 31,

2022, the calendar year in which the member reaches seventy-three

(73) years of age for an individual who attains age seventy-two (72)

after December 31, 2022, or "the applicable age", as defined in

Section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as

amended, if later; or

2. The actual retirement date of the member.

Effective September 8, 2009, notwithstanding anything to the

contrary of the System, the System, which is a governmental plan

(within the meaning of Section 414(d) of the Internal Revenue Code

of 1986, as amended) is treated as having complied with Section

401(a)(9) of the Internal Revenue Code of 1986, as amended, for all

years to which Section 401(a)(9) of the Internal Revenue Code of

1986, as amended, applies to the System if the System complies with

a reasonable and good-faith interpretation of Section 401(a)(9) of

the Internal Revenue Code of 1986, as amended.

C. Any member or beneficiary eligible to receive a monthly

benefit from the System may make an election to waive all or a

portion of monthly benefits.

D. If the requirements of Section 49-106.5 of this title are

satisfied, a member who, by reason of attainment of normal

retirement date or age, is separated from service as a public safety

Oklahoma Statutes - Title 11. Cities and Towns Page 533

officer with the member's participating municipality, may elect to

have payment made directly to the provider for qualified health

insurance premiums by deduction from his or her monthly pension

payment, after December 31, 2006, in accordance with Section 402(l)

of the Internal Revenue Code of 1986, as amended. For distributions

made after December 29, 2022, the election provided for under

Section 402(l) of the Internal Revenue Code of 1986, as amended, may

be made whether payment of the premiums is made directly to the

provider of the accident or health plan or qualified long-term care

insurance contract by deduction from a distribution from the System

or is made to the member.
Okla. Stat. tit. 11, § 11-29-160 — OK Code / Title 11 / Section 11-29-160
Public safety protection defined
Status: in_force

As used in this act, "public safety protection" means any of, or

combinations of, the following operations:

1. Law enforcement;

2. Fire public safety protections; or

3. Emergency medical services provided by the municipality.
Okla. Stat. tit. 11, § 11-35-205 — OK Code / Title 11 / Section 11-35-205
Conveyance
Status: in_force

If the sale or lease is authorized at the election on the

question, and the franchise is granted, then the governing body of

the municipality shall convey the utility to the purchaser by proper

legal instruments.
Okla. Stat. tit. 11, § 11-22-137 — OK Code / Title 11 / Section 11-22-137
Denial of excess leave due to extraordinary
Status: in_force

circumstances - Compensation.

If a municipal employee whose job duties include providing fire

protection services or law enforcement services is unable to use

excess leave in the time frame allowed by the municipality because

the employee’s request for leave is denied by the municipality and

the denial of leave is due to extraordinary circumstances such that

Oklahoma Statutes - Title 11. Cities and Towns Page 191

taking leave could pose a threat to public safety, health or

welfare, the employee shall receive compensation at the employee’s

regular rate of pay for the amount of excess leave the employee is

unable to use. Such compensation shall be paid at the end of the

time period during which the excess leave was required to have been

used.
Okla. Stat. tit. 11, § 11-29-159 — OK Code / Title 11 / Section 11-29-159
Dissolution
Status: in_force

A public safety protection district may be dissolved by a

majority vote of the registered voters at an election called for

that purpose by the governing body of the municipality.
Okla. Stat. tit. 11, § 11-10-115 — OK Code / Title 11 / Section 11-10-115
Suspension or removal of city manager
Status: in_force

The council may suspend or remove the city manager or acting

city manager at any time by a vote of a majority of all its members.
Okla. Stat. tit. 11, § 11-29-103.1 — OK Code / Title 11 / Section 11-29-103.1
Firefighters – Criminal history records check -
Status: in_force

Fingerprints.

Oklahoma Statutes - Title 11. Cities and Towns Page 268

A. Prior to appointing a paid member of a municipal fire

department, each department may conduct a national criminal history

records check, as defined by Section 150.9 of Title 74 of the

Oklahoma Statutes.

B. Each applicant, upon request, shall furnish the department

with two completed fingerprint cards and a money order or a

cashier’s check made payable to the Oklahoma State Bureau of

Investigation for the fee for a national fingerprint criminal

history records check. The Bureau shall retain one set of

fingerprints in the Automated Fingerprint Identification System

(AFIS) and submit the other set to the Federal Bureau of

Investigation (FBI) for a national criminal history records check.
Okla. Stat. tit. 11, § 11-11-114 — OK Code / Title 11 / Section 11-11-114
Appointment of temporary clerk of council
Status: in_force

The council may appoint a temporary clerk of the council to

serve during the absence from a meeting of the city clerk and acting

city clerk, if any, or when it deems that the city clerk or acting

city clerk is not properly performing his duties as clerical officer

of the council. The temporary clerk of the council shall keep the

journal of its proceedings, certify documents of the council, and

perform all other duties and functions as clerical officer of the

council, under the direction of the council and its presiding

officer.
Okla. Stat. tit. 11, § 11-11-124 — OK Code / Title 11 / Section 11-11-124
City officials and employees - Suspension or removal -
Status: in_force

Successors.

An officer or employee may be suspended, demoted, laid off or

removed in the manner provided by law by the mayor or other

authority which has the power to appoint or elect the officer or

employee. The mayor or other authority which has the power to

appoint or elect the successor of an officer or employee may appoint

or elect a person to act during the temporary absence, disability or

suspension of such officer or employee, or, in the case of a

vacancy, until a successor is appointed or elected and qualified.

The council may ordain that a particular superior or subordinate or

deputy of such officer or employee shall act in such cases.
Okla. Stat. tit. 11, § 11-16-204 — OK Code / Title 11 / Section 11-16-204
First election held in aldermanic cities with two
Status: in_force

councilmembers per ward – Terms of office.

A. At the first general municipal election held in the odd-

numbered year following adoption of the aldermanic form of

government with two councilmembers per ward, the officers to be

elected and their terms are as follows:

1. Four-year terms: One councilmember from each ward of the

city; the mayor; the clerk; the marshal; and the street

commissioner.

2. Two-year terms: One councilmember from each ward of the

city; and the treasurer.

At general municipal elections held thereafter, the successors of

the officers whose terms are expiring shall be elected for four-year

terms.

B. The governing body of a municipality with an aldermanic form

of government shall provide that the office of the clerk, at the

next election after the effective date of this act, be elected to

one six-year term followed by four-year terms thereafter, if the

clerk and the mayor are currently on the same election cycle.Oklahoma Statutes - Title 11. Cities and Towns Page 4
Okla. Stat. tit. 11, § 11-36-306 — OK Code / Title 11 / Section 11-36-306
Payment of delinquent assessments by endorsement on
Status: in_force

bonds.

If an assessment or installment thereof which is paid by

endorsement upon a bond is delinquent and in the hands of the county

treasurer for collection, then the receipt issued by the clerk may

be presented by the registered holder of the bond to the county

treasurer. The county treasurer shall thereupon endorse upon his

records the satisfaction and discharge of the delinquent

installments upon the property described in the receipt. Thereafter

the property shall be free and discharged from all further lien for

such installments of assessment.
Okla. Stat. tit. 11, § 11-36-225 — OK Code / Title 11 / Section 11-36-225
Replacement bonds - Repairs
Status: in_force

Upon acceptance of the improvements and before the final payment

of the contract price, the governing body shall require the

contractor performing the work to make and execute a good and

sufficient surety bond, or deposit sufficient securities or

obligations of the United State of America or of the State of

Oklahoma or some municipal subdivision thereof, to be approved by

the governing body in the sum as determined by the governing body,

but in no case to be less than ten percent (10%) of the contract

price. The bond shall be conditioned for the immediate

reimbursement to the municipality by the contractor for the

maintenance of the improvements against any failure due to defective

workmanship or materials for a period of three (3) years from the

time of its completion and acceptance. Whenever any repairs of the

improvements due to defective workmanship or materials are deemed

necessary by the governing body, they shall order the same to be

made under the supervision of the municipal engineer and the costs

thereof certified to by the engineer. When such repairs have been

approved by the governing body, the contractor and his bondsmen

shall be notified of the amount expended and shall immediately

become liable therefor.
Okla. Stat. tit. 11, § 11-15-104 — OK Code / Title 11 / Section 11-15-104
Publication announcing the filing of petition -
Status: in_force

Protests.

A. When signed copies of a petition are timely filed with the

clerk, the clerk shall make a physical count of the number of

Oklahoma Statutes - Title 11. Cities and Towns Page 88

signatures appearing on the petitions. He shall then publish, in at

least one (1) newspaper of general circulation in the municipality,

a notice of the filing and the apparent sufficiency or insufficiency

of the petition. The notice shall also state that any qualified

elector of the municipality may file a protest to the petition or an

objection to the count made by the clerk.

B. A protest to the petition or the count of signatures shall

be filed in the district court in the county in which the situs of

the municipality is located within ten (10) days after the

publication. Written notice of the protest shall be served upon the

clerk and the parties who filed the petition. In the case of the

filing of an objection to the count, notice shall also be served

upon any party filing a protest. The district court shall fix a

day, not less than ten (10) days after the filing of a protest, to

hear testimony and arguments for and against the sufficiency of the

petition. A protest filed by anyone, if abandoned by the party

filing it, may be revived within five (5) days by any other

qualified elector. After the hearing, the district court shall

decide whether such petition is in form required by law.
Okla. Stat. tit. 11, § 11-49-106.3 — OK Code / Title 11 / Section 11-49-106.3
Payment of distribution to retirement plan
Status: in_force

A. For distributions made on or after January 1, 2002, and

notwithstanding any provision of the System to the contrary that

would otherwise limit a Distributee's election hereunder, a

Oklahoma Statutes - Title 11. Cities and Towns Page 556

Distributee, including a nonspouse designated beneficiary, to the

extent permitted under paragraph 3 of subsection B of this section,

may elect, at the time and in the manner prescribed by the State

Board, to have any portion of an Eligible Rollover Distribution paid

directly to an Eligible Retirement Plan specified by the Distributee

in a Direct Rollover.

B. For purposes of this section, the following definitions

shall apply:

1. "Eligible Rollover Distribution" means any distribution of

all or any portion of the balance to the credit of the Distributee,

except that an Eligible Rollover Distribution does not include any

distribution that is one of a series of substantially equal periodic

payments (not less frequently than annually) made for the life (or

life expectancy) of the Distributee or the joint lives (or life

expectancies) of the Distributee and the Distributee's designated

beneficiary, or for a specified period of ten (10) years or more;

any distribution to the extent such distribution is required under

Section 401(a)(9) of the Internal Revenue Code of 1986, as amended;

and the portion of any distribution that is not includable in gross

income. A portion of a distribution shall not fail to be an

Eligible Rollover Distribution merely because the portion consists

of after-tax member contributions or any other distribution which is

not includable in gross income. However, such portion may be

transferred only:

(a) from January 1, 2002, through December 31, 2006:

(1) to an individual retirement account or annuity

described in Section 408(a) or (b) of the

Internal Revenue Code of 1986, as amended, or

(2) in a direct trustee-to-trustee transfer, to a

qualified trust which is a part of a defined

contribution plan that agrees to separately

account for amounts so transferred, including

separately accounting for the portion of such

distribution which is includable in gross income

and the portion of such distribution which is not

so includable, and

(b) on or after January 1, 2007:

(1) to an individual retirement account or annuity

described in Section 408(a) or (b) of the

Internal Revenue Code of 1986, as amended, or

(2) in a direct trustee-to-trustee transfer, to a

qualified trust or an annuity contract described

in Section 403(b) of the Internal Revenue Code of

1986, as amended, and such trust or contract

provides for separate accounting for amounts so

transferred (and earnings thereon), including

separately accounting for the portion of such

Oklahoma Statutes - Title 11. Cities and Towns Page 557

distribution which is includable in gross income

and the portion of such distribution which is not

so includable.

Effective for distributions after December 31, 2007, such after-

tax portion may also be directly transferred to a Roth individual

retirement account or annuity described in Section 408A of the

Internal Revenue Code of 1986, as amended, (Roth IRA), subject to

any limitations described in Section 408A(c) of the Internal Revenue

Code of 1986, as amended;

2. "Eligible Retirement Plan" means an individual retirement

account described in Section 408(a) of the Internal Revenue Code of

1986, as amended, an individual retirement annuity described in

Section 408(b) of the Internal Revenue Code of 1986, as amended, an

annuity plan described in Section 403(a) of the Internal Revenue

Code of 1986, as amended, or a qualified trust described in Section

401(a) of the Internal Revenue Code of 1986, as amended, that

accepts the Distributee's Eligible Rollover Distribution. Effective

January 1, 2002, an Eligible Retirement Plan shall also mean an

annuity contract described in Section 403(b) of the Internal Revenue

Code of 1986, as amended, and an eligible plan under Section 457(b)

of the Internal Revenue Code of 1986, as amended, which is

maintained by a state, political subdivision of a state, or any

agency or instrumentality of a state or political subdivision of a

state and which agrees to separately account for amounts transferred

into such plan from the System. Effective for distributions after

December 31, 2007, an Eligible Retirement Plan includes a Roth IRA,

subject to any limitations described in Section 408A(c) of the

Internal Revenue Code of 1986, as amended. Effective for

distributions after December 18, 2015, an Eligible Retirement Plan

includes a SIMPLE IRA in accordance with Section 408(p)(1)(B) of the

Internal Revenue Code of 1986, as amended, for purposes of a

rollover contribution to such SIMPLE IRA, but only if such rollover

contribution is made after December 18, 2015, and only if such

rollover contribution occurs after the two-year period described in

Section 72(t)(6) of the Internal Revenue Code of 1986, as amended;

3. "Distributee" means a member whether or not the member is an

active firefighter. In addition, the member's surviving spouse and

the member's spouse or former spouse who is an alternate payee under

a qualified domestic order, as provided in subsection B of Section

49-126 of this title, are Distributees with regard to the interest

of the spouse or former spouse. A Distributee also includes the

member's nonspouse designated beneficiary, and certain trusts

described in Section 402(c)(11)(B) of the Internal Revenue Code of

1986, as amended, pursuant to Section 401(a)(9)(E) of the Internal

Revenue Code of 1986, as amended, who may elect any portion of a

payment to be made in a Direct Rollover only to an individual

retirement account or annuity (other than an endowment contract)

Oklahoma Statutes - Title 11. Cities and Towns Page 558

described in Section 408(a) or (b) of the Internal Revenue Code of

1986, as amended (IRA) (including, effective for distributions after

December 18, 2015, a SIMPLE IRA but only if such contribution occurs

after the two-year period described in Code Section 72(t)(6) and is

made in accordance with the Protecting Americans from Tax Hikes Act

of 2015), or, effective for distributions after December 31, 2007,

to a Roth IRA, that is established on behalf of such nonspouse

designated beneficiary for the purpose of receiving the distribution

and that will be treated as an inherited IRA pursuant to the

provisions of Section 402(c)(11) of the Internal Revenue Code of

1986, as amended. Also, in this case, the determination of any

required minimum distribution under Section 401(a)(9) of the

Internal Revenue Code of 1986, as amended, that is ineligible for

rollover shall be made in accordance with Notice 2007-7, Q&A 17 and

18, 2007-5 Internal Revenue Bulletin 395. The required minimum

distribution rules of Section 401(a)(9)(B)(other than clause iv

thereof) of the Internal Revenue Code of 1986, as amended, apply to

the transferee IRA;

4. "Direct Rollover" means a payment by the System to the

Eligible Retirement Plan specified by the Distributee or, in the

case of an automatic rollover, the individual retirement plan that

the State Board designates; and

5. "Mandatory Distribution" means a distribution that is an

Eligible Rollover Distribution subject to Section 401(a)(31) of the

Internal Revenue Code of 1986, as amended, and is made without the

member's consent to a member before the member attains the later of

age sixty-two (62) or the member's normal retirement date. A

distribution to a surviving spouse, alternate payee, or a

distribution made upon a member's death is not a Mandatory

Distribution for purposes of the automatic rollover requirements of

Section 401(a)(31)(B) of the Internal Revenue Code of 1986, as

amended.

C. At least thirty (30) days before and, effective for years

beginning after December 31, 2006, not more than one hundred eighty

(180) days before the date of distribution, the Distributee (other

than a nonspouse designated beneficiary prior to July 1, 2010) must

be provided with a notice of rights which satisfies Section 402(f)

of the Internal Revenue Code of 1986, as amended, as to rollover

options and tax effects. Such distribution may commence less than

thirty (30) days after the notice is given, provided that:

1. The State Board clearly informs the Distributee that the

Distributee has a right to a period of at least thirty (30) days

after receiving the notice to consider the decision of whether or

not to elect a distribution; and

2. The Distributee, after receiving the notice, affirmatively

elects a distribution.

Oklahoma Statutes - Title 11. Cities and Towns Page 559

D. For distributions made after December 31, 2006, but prior to

July 1, 2010, a distribution with respect to a nonspouse designated

beneficiary shall be made in accordance with Notice 2007-7, Q&A 15,

2007-5 Internal Revenue Bulletin 395. Effective for plan years

beginning after December 31, 2009, a distribution with respect to a

nonspouse designated beneficiary shall be subject to Sections

401(a)(31), 402(f) and 3405(c) of the Internal Revenue Code of 1986,

as amended.

E. Effective for distributions after December 31, 2014, the

guidance under IRS Notice 2014-54 shall be followed for purposes of

determining the portion of a disbursement of benefits from the

System to a Distributee that is not includable in gross income under

Section 72 of the Internal Revenue Code of 1986, as amended.

F. In the event of a Mandatory Distribution greater than One

Thousand Dollars ($1,000.00) made on or after June 28, 2018, if the

member does not elect to have such distribution paid directly to an

Eligible Retirement Plan specified by the member in a Direct

Rollover or to receive the distribution directly, then the State

Board shall pay the distribution in a Direct Rollover to an

individual retirement plan designated by the State Board. For

purposes of determining whether a Mandatory Distribution is greater

than One Thousand Dollars ($1,000.00), the portion of the member's

distribution attributable to any rollover contribution is included.
Okla. Stat. tit. 11, § 11-11-123 — OK Code / Title 11 / Section 11-11-123
Political activity prohibited for officers and
Status: in_force

employees in classified service - Removal for violations.

A. No officer or employee in the classified service of a

statutory strong-mayor-council city may actively influence, or

actively attempt to influence, or work actively for, the nomination,

election or defeat of any candidate for mayor or councilmember; but

this shall not prohibit the ordinary exercise of one's right as a

citizen to express his opinions and to vote. An officer or employee

who violates this section shall be removed from office or position

either by the authority normally having power to remove him, or,

after adequate opportunity for a public hearing, by the personnel

board. An officer or employee who violates this section shall not

Oklahoma Statutes - Title 11. Cities and Towns Page 66

hold any office or position in the city government for a period of

four (4) years thereafter.

B. A qualified elector of the city may bring an alleged

violation of this section before the personnel board for

consideration and determination. Alleged violations shall be made

in the form of a sworn complaint charging an officer or employee

with such violation. The complaint shall be filed with the

secretary or chairman of the personnel board and shall be

accompanied by a deposit of Twenty Dollars ($20.00) for payment of

costs. If the personnel board finds to its satisfaction that the

officer or employee has violated this section prohibiting political

activity, it shall remove him from office or position, and the money

deposit shall be returned to the complainant.
Okla. Stat. tit. 11, § 11-11-103 — OK Code / Title 11 / Section 11-11-103
Qualifications of governing body members
Status: in_force

The governing body members shall be residents and registered

voters of the city. The councilmembers from wards shall be actual

residents of their respective wards at the time of their candidacy

and election; but removal of a councilmember from one ward to

another within the city after his election, or a change in ward

boundaries, shall not disqualify him from completing the term for

which he was elected.
Okla. Stat. tit. 11, § 11-28-102b — OK Code / Title 11 / Section 11-28-102b
Alcohol and drug abuse evaluation and assessment
Status: in_force

program.

In cases where a person has been convicted of violating a

municipal ordinance relating to driving a motor vehicle under the

influence of alcohol or other intoxicating substance, the person

shall be ordered to participate in, prior to sentencing, an alcohol

and drug substance abuse evaluation and assessment program offered

by a certified assessment agency or certified assessor for the

purpose of evaluating and assessing the receptivity to treatment and

prognosis of the person. The municipal court shall order the person

to reimburse the agency or assessor for the evaluation and

assessment. The fee for an evaluation and assessment shall be the

Oklahoma Statutes - Title 11. Cities and Towns Page 256

amount provided in subsection C of Section 3-460 of Title 43A of the

Oklahoma Statutes. The evaluation and assessment shall be conducted

at a certified assessment agency, the office of a certified assessor

or at another location as ordered by the municipal court. The

agency or assessor shall, within seventy-two (72) hours from the

time the person is evaluated and assessed, submit a written report

to the municipal court for the purpose of assisting the municipal

court in its final sentencing determination. If such report

indicates that the evaluation and assessment shows that the

defendant would benefit from a ten-hour or twenty-four-hour alcohol

and drug substance abuse course or a treatment program or both, the

municipal court shall, as a condition of any sentence imposed

require the person to follow all recommendations identified by the

evaluation and assessment and ordered by the municipal court. Any

evaluation and assessment report submitted to the municipal court

pursuant to the provisions of this subsection shall be handled in a

manner which will keep such report confidential from review by the

general public. Nothing contained in this section shall be

construed to prohibit the municipal court from ordering judgment and

sentence in the event the defendant fails or refuses to comply with

an order of the municipal court to obtain the evaluation and

assessment required by this section. If the defendant fails or

refuses to comply with an order of the municipal court to obtain the

evaluation and assessment, the Department of Public Safety shall not

reinstate driving privileges until the defendant has complied in

full with such order.
Okla. Stat. tit. 11, § 11-36-408 — OK Code / Title 11 / Section 11-36-408
Excess of cost over benefits
Status: in_force

Whenever the governing body determines that any lot or tract of

land abutting upon the improvement is to be assessed and the cost of

the improvement exceeds the benefits accruing to the lot or tract of

land, the municipality shall bear the excess and shall pay for the

excess out of the general revenues of the municipality in such

manner as the governing body determines.