Okla. Stat. tit. 11, § 11-37-111 — OK Code / Title 11 / Section 11-37-111
Publication of rules and ordinances affecting water
Status: in_force

district - Service.

All rules promulgated by the Board of Environmental Quality and

adopted by, and all ordinances of, the governing body for the

protection of the water supply and establishment of the water

district shall be published in the same manner as ordinances. A

copy of the ordinances and adopted rules shall be served, as

provided by law in civil actions, on each person, firm, association

or corporation owning property in the water district, and upon the

head of each family residing in the water district. All ordinances

and adopted rules shall also be posted in conspicuous places in the

water district.
Okla. Stat. tit. 11, § 11-4-106 — OK Code / Title 11 / Section 11-4-106
Notice of election of city 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. Notice of the election of city

officers shall be in the manner provided by law for municipal

Oklahoma Statutes - Title 11. Cities and Towns Page 34

elections. All expenses for the election on the question of

incorporation and the election of officers shall be paid by the

county and reimbursed by the city when fully organized.
Okla. Stat. tit. 11, § 11-24-119 — OK Code / Title 11 / Section 11-24-119
Irrevocable Contracts
Status: in_force

Irrevocable Contract. While any of the bonds issued by the

Authority shall remain outstanding or while the Authority has any

undischarged duties or obligations under any contract or agreement,

including obligations to any joint owner of any project, the powers,

Oklahoma Statutes - Title 11. Cities and Towns Page 230

duties or existence of the Authority or of its officers, employees

or agents shall not be diminished, impaired or affected in any

manner which will affect adversely the interest and right of the

owners of such bonds or the persons to whom such duties or

obligations are owed under such contracts or agreements. The

provisions of this act shall be for the benefit of the state, the

Authority, every owner of the Authority's bonds and every other

person to whom the Authority owes a duty or is obligated by contract

or agreement and, upon and after the issuance of bonds under the

provisions of this act, shall constitute an irrevocable contract by

the state with the owners of such bonds and the other persons to

whom the Authority owes a duty or is obligated by such contracts or

agreements.
Okla. Stat. tit. 11, § 11-13-101 — OK Code / Title 11 / Section 11-13-101
Municipalities may adopt charter
Status: in_force

Any city or town containing a population of two thousand (2,000)

inhabitants or more, as shown by the latest federal census or other

census recognized by the laws of Oklahoma, may frame a charter for

its own government.

Oklahoma Statutes - Title 11. Cities and Towns Page 73
Okla. Stat. tit. 11, § 11-24-101 — OK Code / Title 11 / Section 11-24-101
Short Title
Status: in_force

Short Title. This act shall be known and may be cited as the

"Oklahoma Municipal Power Authority Act".
Okla. Stat. tit. 11, § 11-16-307 — OK Code / Title 11 / Section 11-16-307
Voting eligibility - Town meeting pollbook - Illegal
Status: reserved

voting - Penalty.

A. The presiding officer at a town meeting shall follow

reasonable and necessary procedures to ensure that persons who are

not registered voters of the town do not vote. Registered voters

shall be seated in a clearly marked area separate from persons not

registered to vote.

B. To be eligible to vote at a town meeting, a person must be

registered with the county election board at an address located

within the municipality. Before being seated in the section

reserved for registered voters, each voter shall sign his or her

name in a town meeting pollbook, said signature to constitute a

sworn affidavit on the part of the voter that he or she is eligible

to vote at the election. The pollbook shall be prepared by the

municipal clerk. For such purpose, the municipal clerk or designee

of the municipal clerk shall be authorized to administer the oath or

affirmation contained in the affidavit. The town meeting pollbook

shall be on file in the office of the municipal clerk and shall be

open to public inspection during reasonable office hours; provided,

however, that such town meeting pollbooks may be digitized or

electronically copied and stored by the municipal clerk at the end

of six (6) months from the date of the election wherein such town

meeting pollbook was used. Any person knowingly voting illegally or

found guilty of casting more than one vote for any office or on any

question considered at the meeting shall be punished by a fine of

not more than One Thousand Dollars ($1,000.00).
Okla. Stat. tit. 11, § 11-26-206 — OK Code / Title 11 / Section 11-26-206
Clerk to advise court on sufficiency of trustee's bond
Status: in_force

The court clerk, at the time of filing each receipt as provided

in Section 26-203 of this title, shall immediately advise the court

or judge as to the amount of the principal fund in the hands of the

trustee, the amount of bond filed, and whether or not the bond is

Oklahoma Statutes - Title 11. Cities and Towns Page 238

good and sufficient for the amount given. The court or judge may

require, if it seems best, a new and additional bond of the

perpetual care fund trustee.
Okla. Stat. tit. 11, § 11-16-113 — OK Code / Title 11 / Section 11-16-113
Special election ballot - Preparation and arrangement
Status: in_force

The ballot for a special election shall be prepared by the

secretary of the county election board and shall set forth the

proposition or propositions to be voted upon, and if more than one

proposition is submitted, they shall be arranged so that each

proposition may be voted upon separately.
Okla. Stat. tit. 11, § 11-49-105.1 — OK Code / Title 11 / Section 11-49-105.1
Responsibility of local board to review certain
Status: in_force

applications.

It shall be the responsibility of the local board to review

applications for retirement benefits and disability benefits. Each

local board shall recommend approval, disapproval or modification of

each application and the secretary shall forward such

recommendations to the State Board within ten (10) days following

the local board's decision. Consideration by the local board shall

be pursuant to this article and the rules and regulations of the

State Board. The State Board shall furnish all required forms.
Okla. Stat. tit. 11, § 11-38-112 — OK Code / Title 11 / Section 11-38-112
Exemption of property from judicial process and
Status: in_force

taxation.

A. All property of an Urban Renewal Authority, including funds,

owned or held by it for the purposes of this article shall be exempt

from levy and sale by virtue of an execution, and no execution or

other judicial process shall issue against the same nor shall

judgment against an Urban Renewal Authority be a charge or lien upon

such property; provided, however, that the provisions of this

section shall not apply to or limit the right of obligees to pursue

any remedies for the enforcement of any pledge or lien given

pursuant to this article by an Urban Renewal Authority on its rents,

fees, grants or revenues from urban renewal projects.

B. The exercise of powers granted by this article will be in

all respects for the benefit of the people of this state, and its

political subdivisions, and the municipalities of this state, for

the improvement of the public health, safety, morals and general

welfare of the people. The activities of an Urban Renewal Authority

pursuant to this article constitute an essential governmental

function and the property or funds of an Urban Renewal Authority,

acquired or held for the purposes of this article, are declared to

be public property used for essential public and governmental

purposes and such property shall be exempt from all taxes of the

Oklahoma Statutes - Title 11. Cities and Towns Page 414

state, the county, the municipality or any other political

subdivision thereof; provided, that such tax exemption shall

terminate when the Urban Renewal Authority sells such property in an

urban renewal area to a purchaser who is not a public body entitled

to tax exemption with respect to such property; or if such property

is leased by the Urban Renewal Authority, then the improvements

placed thereon shall not be entitled to such tax exemption.

Provided, further, that the Urban Renewal Authority is limited in

its authority to acquire property to the acquisition which is

necessary in the carrying out of an urban renewal plan.
Okla. Stat. tit. 11, § 11-28-114.1 — OK Code / Title 11 / Section 11-28-114.1
Arrest for misdemeanor traffic violation other than
Status: in_force

parking or standing - Bail.

If a resident or nonresident of a municipality served by a

municipal court is arrested by a law enforcement officer solely for

a misdemeanor violation of a traffic ordinance, other than an

ordinance pertaining to a parking or standing traffic violation, and

the arrested person is eligible to sign a written promise to appear

and be released upon personal recognizance as provided for in

Section 1115.1 of Title 22 of the Oklahoma Statutes, then the

procedures provided for in the State and Municipal Traffic Bail Bond

Procedure Act as applied to municipalities, shall govern. A

municipality, by ordinance, may prescribe a bail bond schedule for

this purpose and may provide for bail to be used as payment of the

fine and costs upon a plea of guilty or nolo contendere, as provided

for in Section 2 of this act. Absent such ordinance, the municipal

court may prescribe a bail bond schedule for traffic offenses. The

amount of bail shall not exceed the maximum fine and costs provided

by ordinance for each offense.
Okla. Stat. tit. 11, § 11-36-217 — OK Code / Title 11 / Section 11-36-217
Treatment of property owned by municipality, counties
Status: in_force

or schools.

Any property which is owned by the municipality, or county, or

any board of education or school district shall be treated and

considered the same as the property of other owners. The

municipality, county, school district, or board of education within

the district to be assessed may pay the total assessment against its

property without interest within thirty (30) days from the date of

the publication of the ordinance levying the assessment. In the

event the assessment is not paid in full without interest within the

thirty-day period, the municipality, county, school district or

Oklahoma Statutes - Title 11. Cities and Towns Page 335

board of education shall annually provide, by the levy of taxes in a

sufficient sum, for payment of the maturing installments of

assessments and interest thereon.
Okla. Stat. tit. 11, § 11-27-131 — OK Code / Title 11 / Section 11-27-131
Orders relative to procedures and practices by Supreme
Status: in_force

Court.

The Supreme Court is authorized to issue orders of statewide

application relative to procedures in and practices before the

municipal courts and appeals therefrom, subject to the provisions of

this article, and under its general superintending control of all

inferior courts, shall have the power and authority by and through

the Chief Justice of the Supreme Court, to call annual conferences

of the judges of the municipal courts of Oklahoma to consider

matters calculated to bring about a speedier and more efficient

administration of justice.
Okla. Stat. tit. 11, § 11-17-104 — OK Code / Title 11 / Section 11-17-104
Liability for voting unlawful claims
Status: in_force

Any governing body member who intentionally votes to appropriate

money or to allow any bill or claim which is not authorized by law

shall be personally liable to the municipality for the amount of

Oklahoma Statutes - Title 11. Cities and Towns Page 110

such money appropriated, or bills or claims allowed, with costs of

suit, in an action before any court of competent jurisdiction.
Okla. Stat. tit. 11, § 11-17-101 — OK Code / Title 11 / Section 11-17-101
Borrowing or appropriating monies - Investments -
Status: in_force

Deposit of monies.

A. Any act of a municipal governing body which provides for the

borrowing of monies or for appropriating monies shall not be valid

Oklahoma Statutes - Title 11. Cities and Towns Page 108

unless a majority of the governing body of the municipality votes in

favor of the action. The municipal governing body may not

appropriate or draw any order on the treasurer for monies unless the

same has been appropriated in the manner provided by law or ordered

in pursuance of some object provided for by law.

B. A municipality may invest its funds in any bond, note, or

other evidence of indebtedness issued by those agencies,

authorities, instrumentalities, or public entities whose governing

boards are appointed by the municipality or issued by any public

trust of which it is sole beneficiary, excluding obligations which

are industrial development bonds as defined in the provisions of

Section 103 of the Internal Revenue Code of 1953, as amended, and

regulations promulgated thereto.

C. If a municipality has established a system for the separate

accounting of monies by fund sources that has been certified by the

auditor of the municipality, the treasurer of such municipality

acting as an officer of the municipality or as agent of any

instrumentality or public trust of the municipality may deposit into

one or more accounts of an authorized depository all monies coming

into his custody. Unless otherwise provided for by law, interest

earnings shall be prorated according to fund source.
Okla. Stat. tit. 11, § 11-23-101 — OK Code / Title 11 / Section 11-23-101
Municipality to defend municipal employees in certain
Status: in_force

legal actions.

A. Unless otherwise provided for in the Governmental Tort

Claims Act, if an action is brought against a municipal employee in

any civil action or special proceeding in the courts of this state

or of the United States by reason of any act done or omitted in good

faith in the course of employment, the governing body of the

municipality shall direct the municipal attorney or other designated

legal counsel to appear and defend the action or proceeding on the

behalf of the employee in accordance with the provisions of Section

23-102 of this title. The municipal governing body shall not

designate an attorney to represent a municipal employee if that

employee did not perform a statutorily required duty and such duty

is a basis of the civil action or special proceeding.

B. The municipal governing body may direct its attorney to

intervene in any action or proceeding and to appear on behalf of the

municipality, or any of its officers or employees, if the governing

body deems the municipality to have an interest in the subject

matter of the litigation.

C. A municipality may indemnify its employees for actual

damages, fees and costs in accordance with the Governmental Tort

Claims Act.
Okla. Stat. tit. 11, § 11-50-115.2 — OK Code / Title 11 / Section 11-50-115.2
Death benefit
Status: in_force

Upon the death of an active or retired member, the Oklahoma

Police Pension and Retirement System shall pay to the beneficiary of

the member under paragraph 13 of Section 50-101 of this title or if

there is no such beneficiary or if such beneficiary predeceases the

member, to the member's estate or, if properly designated by the

member, to a trust, the sum of Four Thousand Dollars ($4,000.00) as

a death benefit for those active or retired members who died prior

to July 1, 1999. For those active or retired members who die on or

after July 1, 1999, the sum shall be Five Thousand Dollars

($5,000.00).
Okla. Stat. tit. 11, § 11-22-117.1 — OK Code / Title 11 / Section 11-22-117.1
Possession of security verification form may be
Status: in_force

required for certain vehicles.

Pursuant to Section 22-117 of this title, a municipality may by

ordinance require the operator of any motor vehicle registered in

this state to carry a current security verification form as defined

in Article VI, Chapter 7 of Title 47 of the Oklahoma Statutes or

equivalent form which has been issued by the Department.

Any person producing proof that a current security verification

form or equivalent form which has been issued by the Department was

in force for such person at the time of the alleged offense shall be

entitled to dismissal of such charge upon payment of court costs;

however, if proof of security verification is presented to the court

within forty-eight (48) hours after the violation, the charge shall

be dismissed without payment of court costs.

Upon conviction, bond forfeiture or deferral of sentence, the

court shall forward an abstract to the Department of Public Safety

within ten (10) days reflecting the action taken by the court.

Oklahoma Statutes - Title 11. Cities and Towns Page 181
Okla. Stat. tit. 11, § 11-36-504 — OK Code / Title 11 / Section 11-36-504
Permitting of small wireless providers – Permitting of
Status: in_force

utility poles.

A. The provisions of this section shall apply to the permitting

of small wireless facilities by a wireless provider in or outside

the right-of-way as specified in subsection C of this section and to

the permitting of the installation, modification and replacement of

utility poles by a wireless provider inside the right-of-way.

B. Except as provided in this act, an authority may not

prohibit, regulate or charge for the collocation of small wireless

facilities classified as permitted uses in subsection C of this

section.

C. Small wireless facilities shall be classified as permitted

uses and not subject to zoning review or approval if they comply

with the height requirements in subsection E of Section 3 of this

act and are collocated in the right-of-way in any zone or outside

the right-of-way in property not zoned exclusively for residential

single-family or duplex use. Utility poles installed to support

small wireless facilities shall be classified as permitted uses and

not subject to zoning review or approval if they comply with the

height requirements in subsection E of Section 3 of this act and are

collocated in the right-of-way in any zone.

D. An authority may require an applicant to obtain one or more

permits to collocate a small wireless facility or install a new,

modified or replacement utility pole associated with a small

wireless facility as provided in Section 3 of this act, provided

such permits are of general applicability for nongovernmental users

of the right-of-way and do not apply exclusively to wireless

facilities. An authority shall receive applications for, process

and issue such permits subject to the following requirements:

1. An authority may not directly or indirectly require an

applicant to perform services or provide goods unrelated to the

permit, such as in-kind contributions to the authority including

reserving fiber, conduit or pole space for the authority;

2. An applicant shall not be required to provide more

information to obtain a permit than communications service providers

that are not wireless providers, provided that an applicant may be

required to include construction and engineering drawings and

information demonstrating compliance with the criteria in paragraph

8 of this subsection and, for an application to collocate on an

authority pole, a wireless provider may be required to provide at

its expense engineering analysis demonstrating compliance with

applicable standards and codes, construction drawings stamped by a

professional engineer registered in Oklahoma and a description of

any recommended make-ready work, including any modification or

replacement of the authority pole;

Oklahoma Statutes - Title 11. Cities and Towns Page 359

3. An authority may not require the placement of small wireless

facilities on any specific utility pole or category of poles or

require multiple antenna systems on a single utility pole;

4. Subject to subparagraphs e and f of paragraph 8 of this

subsection, an authority may not limit the placement of small

wireless facilities by minimum separation distances;

5. The authority may require an applicant to include an

attestation that the small wireless facilities will be operational

for use by a wireless services provider within one (1) year after

the permit issuance date, unless the authority and the applicant

agree to extend this period or delay is caused by lack of commercial

power or communications transport facilities to the site;

6. Within twenty (20) days of receiving an application, an

authority must determine and notify the applicant in writing whether

the application is complete. If an application is incomplete, an

authority must specifically identify the missing information in

writing. The processing deadline in paragraph 7 of this subsection

is tolled from the time the authority sends the notice of

incompleteness to the time the applicant provides the missing

information. That processing deadline also may be tolled by

agreement of the applicant and the authority;

7. An application shall be processed on a nondiscriminatory

basis and deemed approved if the authority fails to approve or deny

the application within seventy-five (75) days of receipt of the

application;

8. An authority may deny a proposed collocation of a small

wireless facility or installation, modification or replacement of a

utility pole that meets the height requirements in subsection E of

Section 3 of this act only if the proposed application:

a. materially interferes with the safe operation of

traffic control equipment or emergency management

systems or devices,

b. materially interferes with sight lines or clear zones

for transportation or pedestrians,

c. materially interferes with compliance with the

Americans with Disabilities Act or similar federal or

state standards regarding pedestrian access or

movement,

d. materially interferes with Federal Aviation

Administration requirements or the operation of an

airport or air traffic,

e. fails to comply with reasonable and nondiscriminatory

spacing requirements of general application adopted by

ordinance that concern the location of new utility

poles. Such spacing requirements shall not prevent a

wireless provider from serving any location,

Oklahoma Statutes - Title 11. Cities and Towns Page 360

f. with respect to ground-mounted equipment, fails to

comply with reasonable and nondiscriminatory

requirements of general application adopted by

ordinance that concern spacing of the ground-mounted

equipment; interference with sight lines, clear zones

or pedestrian access or movement; unhindered use of

the right-of-way by other right-of-way occupants,

including the authority; or design or concealment

measures in a historic district required under

subsection I of Section 3 of this act,

g. fails to comply with applicable codes, including

without limitation the most recent version of the

National Electrical Safety Code,

h. fails to comply with subsections D, G, H and I of

Section 3 of this act,

i. causes the utility pole or wireless support structure

to become structurally unsound, unless the applicant

demonstrates that it will address the problem

adequately, such as by modifying or replacing the

structure, or

j. materially interferes with the intended use of an

authority pole;

9. The authority shall document the basis for a denial,

including the specific code provisions on which the denial was

based, and send the documentation to the applicant on or before the

day the authority denies an application. The applicant may cure the

deficiencies identified by the authority and resubmit the

application within thirty (30) days of the denial without paying an

additional application fee. The authority shall approve or deny the

revised application within thirty (30) days. Any subsequent review

shall be limited to the deficiencies cited in the denial;

10. An applicant seeking to collocate small wireless facilities

within the jurisdiction of a single authority shall be allowed at

the applicant's discretion to file a consolidated application for

the collocation of up to twenty-five small wireless facilities and

receive a single permit; provided, however, the denial of one or

more small wireless facilities in a consolidated application shall

not delay processing of any other small wireless facilities in the

same batch;

11. Installation or collocation for which a permit is granted

pursuant to this section shall be completed within one (1) year

after the permit issuance date, unless the authority and the

applicant agree to extend this period, or a delay is caused by the

lack of commercial power or communications facilities at the site.

Approval of an application authorizes the applicant to:

a. undertake the installation or collocation, and

Oklahoma Statutes - Title 11. Cities and Towns Page 361

b. subject to applicable relocation requirements and the

applicant's right to terminate at any time, operate

and maintain the small wireless facilities and any

associated utility pole covered by the permit for a

period of not less than ten (10) years, which must be

renewed for equivalent durations so long as they are

in compliance with the criteria set forth in paragraph

8 of this subsection;

12. Wireless providers shall comply with relocation

requirements that apply to similarly situated occupants of the

right-of-way; and

13. An authority may not institute, either expressly or de

facto, a moratorium on:

a. filing, receiving or processing applications, or

b. issuing permits or other approvals, if any, for the

collocation of small wireless facilities or the

installation, modification or replacement of utility

poles to support small wireless facilities.

E. An authority shall not require an application for the

following:

1. Routine maintenance;

2. The replacement of small wireless facilities with small

wireless facilities that are substantially similar or the same size

or smaller; or

3. For the installation, placement, maintenance, operation or

replacement of micro wireless facilities that are strung on cables

between existing utility poles, in compliance with the National

Electrical Safety Code.

An authority may, however, require a permit to work within the

right-of-way for such activities, if applicable. Any such permits

shall not be subject to the requirements provided in subsections C

and D of this section.
Okla. Stat. tit. 11, § 11-48-101 — OK Code / Title 11 / Section 11-48-101
Authorization to provide retirement fund and system
Status: in_force

The governing body of any municipality may provide by ordinance

for a retirement fund and system for any or all of its employees and

the employees of a duly constituted authority of the municipality

which are not otherwise provided for by a pension or retirement

system. The governing body may establish said retirement system as

delayed compensation in order to encourage continuous and

meritorious service on the part of employees and thereby promote

public efficiency, and may provide retirement allowances and other

benefits for said employees, their surviving spouses, and surviving

children. The retirement fund and system may include all municipal

employees whether they are engaged in a governmental or

nongovernmental function of the municipality or the municipal

authority. The retirement fund shall be supported wholly by the

municipality or municipal authority or by joint contributions by the

municipality or authority and the employee to be benefited.
Okla. Stat. tit. 11, § 11-56-107 — OK Code / Title 11 / Section 11-56-107
Organization statements and contribution and
Status: in_force

expenditure reports - Public records.

Oklahoma Statutes - Title 11. Cities and Towns Page 707

Statements of organization and reports of contributions and

expenditures required to be filed with the Ethics Commission under

the Municipal Campaign Finance and Financial Disclosure Act shall be

public records. The Ethics Commission shall maintain statements of

organization and reports of contributions and expenditures for four

(4) years after the date on which they are filed, at which time the

documents may be destroyed or retained subject to the discretion of

the Ethics Commission. The Ethics Commission may post copies of

statements of organization and reports of contributions and

expenditures.
Okla. Stat. tit. 11, § 11-51-104 — OK Code / Title 11 / Section 11-51-104
Public Employees Relations Board
Status: in_force

A. There is hereby re-created, to continue until July 1, 2016,

in accordance with the provisions of the Oklahoma Sunset Law, the

Public Employees Relations Board, which shall be composed of five

(5) members to be appointed or selected as follows:

1. One appointed by the Governor shall be an impartial

appointment and designated as Chairman;

2. Two appointed by the President Pro Tempore of the State

Senate, one of whom shall be an impartial appointment and one of

whom shall be a representative from the labor industry chosen from a

list of four nominees to be submitted jointly by an Oklahoma

organization the primary purpose of which is to provide services to

members who are municipal police officers, which shall provide two

nominees, and by an Oklahoma organization the primary purpose of

which is to provide services to members who are municipal

firefighters, which shall provide two nominees; and

3. Two appointed by the Speaker of the Oklahoma House of

Representatives, one of whom shall be an impartial appointment and

one of whom shall be a representative of a municipality to be

selected from a list of four nominees submitted by a statewide

organization the membership of which consists primarily of

incorporated cities and towns within Oklahoma.

B. The Chairman shall be appointed for a term of five (5)

years, commencing from July 1, 1972. The other members shall be

appointed for terms of one (1) and three (3) years, respectively,

from July 1, 1972, but their successors shall be appointed for terms

of three (3) years. No member shall serve on the Board for more

than two terms. No impartial member appointed by either the

President Pro Tempore of the Oklahoma State Senate or by the Speaker

of the Oklahoma House of Representatives shall, within two (2) years

of being appointed to the Board or while serving on the Board, have

served or worked in a capacity as an advocate, be a member or

receive compensation from a labor union group association or its

subordinate affiliates or have served or worked in a capacity as an

advocate, appointed or elected official of or received compensation

from a municipality or municipalities.

Oklahoma Statutes - Title 11. Cities and Towns Page 693

C. Three members of the Board shall constitute a quorum. Any

individual chosen to fill a vacancy on the Board shall be appointed

only for the unexpired term. The Chairman and members of the Board

shall not receive a salary but shall receive compensation in lieu of

expenses in the amount of Fifty Dollars ($50.00) per day for any

meeting or the conduct of official duties, whether acting singly or

collectively.

D. To accomplish the objectives and to perform the duties

prescribed by this article, the Board may subpoena witnesses, issue

subpoenas to require the production of books, papers, records, and

documents which may be needed as evidence of any matter under

inquiry, and administer oaths and affirmations. In cases of neglect

or refusal to obey a subpoena issued to any person, the district

court of the county in which the investigations or the public

hearings are taking place, upon application by the Board, may issue

an order requiring such person to appear before the Board and

produce evidence about the matter under investigation. A failure to

obey such order may be punished by the court as a contempt.

E. Any subpoena, notice of hearing, or other process or notice

of the Board issued under the provisions of this article may be

served personally, by registered mail, or by leaving a copy at the

principal office of the person required to be served. A return made

and verified by the individual making such service and setting forth

the manner of such service is proof of service, and a returned post

office receipt, when registered or certified mail is used, is proof

of service.

F. The Board shall adopt, promulgate, amend, or rescind such

rules as it deems necessary to carry out the provisions of this

article. Public hearings shall be held by the Board on any proposed

rule of general applicability designed to implement, interpret, or

prescribe policy, procedure or practice requirements under the

provisions of this article and on any proposed change to such

existing rule. Reasonable notice shall be given prior to such

hearings, which shall include the time, place, and nature of such

hearing and the terms or substance of the proposed rule or the

changes to such rule.
Okla. Stat. tit. 11, § 11-43-101.2 — OK Code / Title 11 / Section 11-43-101.2
Potential state taxes list issued to building permit
Status: in_force

applicants.

A. After the effective date of this act, the clerk of any

municipality or any other designated employee or official authorized

to issue building permits shall provide to an applicant for a

building permit a list, which shall be developed and provided to

municipalities of this state by the Oklahoma Tax Commission, of

state taxes which may potentially be assessed against any Oklahoma

taxpayer or out-of-state taxpayer who applies for a building permit

in this state. Such list shall include a paragraph in bold,

conspicuous type indicating the requirement for certain building

permit applicants to register with the Oklahoma Business

Registration System of the Tax Commission.

B. Upon the request for issuance of an occupancy permit, the

clerk or other designated employee or official shall request proof

of registration with the Tax Commission under their Oklahoma

Business Registration System. If the applicant does not provide

Oklahoma Statutes - Title 11. Cities and Towns Page 472

proof of registration, the clerk shall immediately issue the

occupancy permit and shall advise the Tax Commission that the entity

may not be registered under the Oklahoma Business Registration

System.

C. The Tax Commission may maintain, as part of its online

Business Registration System, the capability for an applicant to

obtain a document electronically which will serve as proof of

registration under the system.

D. This section shall not apply to building permits for new

construction or remodel projects less than Fifty Thousand Dollars

($50,000.00) in value.
Okla. Stat. tit. 11, § 11-17-207 — OK Code / Title 11 / Section 11-17-207
Monies received and expended must be accounted for by
Status: in_force

fund or account.

Any monies received or expended by a municipality must be

accounted for by fund and account. Each municipality shall adopt an

appropriation for the general fund and for all other funds

established by the governing body pursuant to the provisions of

Section 17-212 of this title. The municipal governing body shall

determine the needs of the municipality for sinking fund purposes,

pursuant to the provisions of Section 431 of Title 62 of the

Oklahoma Statutes, Section 3017 of Title 68 of the Oklahoma

Statutes, and Section 28 of Article 10 of the Oklahoma Constitution,

and include these requirements in the debt service fund budget for

the budget year.

Oklahoma Statutes - Title 11. Cities and Towns Page 122
Okla. Stat. tit. 11, § 11-22-112.5 — OK Code / Title 11 / Section 11-22-112.5
Termination of water service when sewer or waste
Status: in_force

water service is provided by a separate public entity

A. Where water service is provided to real property by one

public entity but that property receives sewer or waste water

service from another public entity, and where the sewer or waste

water account for the property has been found to be delinquent as

determined by the policies adopted by the public entity regarding

nonpayment, the governing body of the public entity providing sewer

or waste water service to that property may request that the public

entity providing water service terminate water service. Until the

delinquency has been resolved, the governing body of the public

entity providing sewer or waste water service requesting the

termination of water service shall provide a proposed date for

termination and notice to the public entity providing water service,

and to the account holder and property owner of the subject property

Oklahoma Statutes - Title 11. Cities and Towns Page 177

at least thirty (30) days prior to the proposed date for

termination. The public entity providing water service may

terminate water service at the subject property on the proposed date

for termination or within thirty (30) days thereafter. Should the

sewer or waste water delinquency be resolved during the pendency of

the termination of water service, or sometime thereafter, the public

entity which requested termination of water service shall provide

the public entity providing water service notice of the resolution

of delinquency no later than the first business day following

resolution. The public entity providing water service shall renew

water service no later than the first business day following the

notice. Should the sewer or waste water delinquency be resolved

during the pendency of the termination of water service, or sometime

thereafter, the public entity which requested termination of water

service shall provide the account holder and the property owner

notice of the resolution of the delinquency, upon request.

B. Each public entity desiring to utilize the termination

provision authorized in subsection A of this section shall enact, in

accordance to law and as required by this act, notice and hearing

procedures to ensure account holders and property owners receive

adequate notice and opportunity for hearing prior to commencement of

the procedures authorized in subsection A of this section.
Okla. Stat. tit. 11, § 11-29-112 — OK Code / Title 11 / Section 11-29-112
Recording and filing of resolutions
Status: in_force

The resolutions required pursuant to Section 3 of this act shall

be recorded in the office of the county clerk and filed in the

office of the Secretary of State and in the archives of the city.
Okla. Stat. tit. 11, § 11-37-501 — OK Code / Title 11 / Section 11-37-501
Municipal Road Drilling Activity Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Department of Transportation to be designated the

"Municipal Road Drilling Activity Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the Oklahoma Department of

Transportation from the apportionment of sales tax prescribed by

subsection E of Section 1353 of Title 68 of the Oklahoma Statutes.

All monies accruing to the credit of said fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Department of Transportation for the purposes prescribed by and

according to the requirements of Section 3 of this act.

Expenditures from said fund shall be made upon warrants issued by

the State Treasurer against claims filed as prescribed by law with

the Director of the Office of Management and Enterprise Services for

approval and payment.
Okla. Stat. tit. 11, § 11-31-103 — OK Code / Title 11 / Section 11-31-103
Organization of library board
Status: in_force

The library board, immediately after the appointment and

qualification of its directors, shall meet and organize by electing

one director as president, one director as secretary, and by

electing such other officers as the board may deem necessary.
Okla. Stat. tit. 11, § 11-22-153 — OK Code / Title 11 / Section 11-22-153
Authority to issue certain revenue bonds and
Status: in_force

obligations - Limitations.

Oklahoma Statutes - Title 11. Cities and Towns Page 200

Any municipality may issue its obligations in the manner set out

in the Oklahoma Municipal Utility Revenue Bond Act in order to

finance, or to refinance, all or a part of the cost of the

acquisition, purchase or construction of, or the making of

improvements to any public utility owned or to be owned exclusively

by said municipality, and said obligations shall be payable from and

secured by the revenues resulting from the operation of the

municipality's revenue-producing public utilities or any part

thereof. Provided, nothing herein shall authorize or be construed

to authorize a municipality to create a lien or mortgage on, or a

security interest in or with respect to such public utility or

utilities to secure said obligations. The obligations, when issued

and delivered, shall state on the face thereof that the revenue

indebtedness or contractual obligations created thereby are limited

obligations of the municipality payable from and secured by a lien

and charge on the revenues of funds pledged for their payment by the

governing body of the municipality and shall not constitute a

general indebtedness of the municipality, nor shall it invoke or

require the imposition of the general taxing power of such

municipality.
Okla. Stat. tit. 11, § 11-4-107 — OK Code / Title 11 / Section 11-4-107
Officers to be elected
Status: in_force

The officers to be elected shall be those provided by the laws

governing the statutory form of city government which has been

adopted. These officers shall hold office until the next odd-

numbered year, at which time the first regular municipal election

shall be held in accordance with the form of government adopted, and

until their successors are elected and qualified.
Okla. Stat. tit. 11, § 11-37-210 — OK Code / Title 11 / Section 11-37-210
Special attorneys, auditors or consulting engineers
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 383

The municipal body may contract for the services of special

attorneys, auditors or consulting engineers to make the necessary

surveys, and prepare plans, plats, profiles, estimates and all other

details for the work of improvements and to supervise the work. Any

such consulting engineer shall be a person, firm or corporation,

resident in the State of Oklahoma, and duly registered as an

engineer in the State of Oklahoma. A consulting engineer may be

employed also to furnish the necessary advertising, printing,

transcripts, legal fees, preparation of assessment rolls, and such

other expense as may be necessary. The municipality shall provide

for the payment of such services and expenses from the assessments

to be levied as part of the cost of such improvments, except as

otherwise provided.
Okla. Stat. tit. 11, § 11-37-224 — OK Code / Title 11 / Section 11-37-224
Assessment record
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 390

As soon as the assessing ordinance is adopted, the municipal

clerk shall prepare a book which shall be known as the Assessment

Record, in which he shall enter:

1. The names of each person owning the land to be assessed, as

ascertained from the records of the county; or in case the name of

the owner is not known, a statement to that effect;

2. A description of the lot, tract or subdivision;

3. A blank space for entering the amount of the assessment; and

4. A suitable column for entering the payments which may be

made from time to time on account of the assessment.
Okla. Stat. tit. 11, § 11-32-107 — OK Code / Title 11 / Section 11-32-107
Public hearing on improvement - Notice
Status: in_force

Before any contract is let or work is ordered or authorized for

parking station improvements, except the survey and investigation

authorized in Section 32-106 of this title, the governing body shall

conduct a public hearing on the advisability of the improvement, as

set forth in the resolution establishing the improvement district.

Notice of the hearing shall be given by:

1. Publishing a notice in not less than two (2) issues of a

newspaper of general circulation in the municipality. The two (2)

publications shall be seven (7) days apart, and the last publication

shall be at least three (3) days before the hearing; and

2. Mailing a postal card, or a copy of the newspaper

publication, to each listed owner of property within the district,

as shown by the current year's tax rolls in the county treasurer's

office, which mailing shall be not less than ten (10) days before

the hearing on the improvement.

The notice by mail and by publication shall contain:

1. The time and place of the hearing;

2. The general nature of the proposed improvements;

3. The estimated or probable cost of the proposed improvements;

4. The extent of the proposed improvement district to be

assessed;

5. The proposed method of assessment; and

6. The proposed apportionment of cost between the improvement

district and the muncipality.
Okla. Stat. tit. 11, § 11-41-115 — OK Code / Title 11 / Section 11-41-115
Correction of errors and defects in recorded plats -
Status: in_force

Procedure.

A. Municipal plats or plats of additions and subdivisions which

have been erroneously described on any record in the chain of title

to said plats, or are otherwise defective on their face, may be

corrected pursuant to the provisions of this section or pursuant to

the provisions of Sections 41-112 through 41-114 of this title.

B. If a municipal plat or plat of an addition or subdivision

which is executed and filed in the office of the county clerk of the

county in which said plat is located fails to identify or correctly

describe the land to be platted, the registered land surveyor who

prepared said plat may execute a certificate stating the nature of

the error and cure said defect. The surveyor shall refer to said

plat by correct page number and book in which said plat is recorded

by the county clerk. Said certificate shall be dated and signed by

said registered land surveyor.

Oklahoma Statutes - Title 11. Cities and Towns Page 459

C. If the registered land surveyor who originally certified

said plat pursuant to the provisions of Section 41-104 of this title

is not available, or if said plat was not prepared by a registered

land surveyor, a certificate as provided for in subsection B of this

section may be executed by any registered land surveyor, provided

said certificate states the reasons why the registered land surveyor

who prepared the plat was not available or that said plat was not

originally prepared by a registered land surveyor.

D. Prior to recording the correction certificate in the office

of the county clerk of the county in which said plat is located, the

certificate shall be approved by the planning commission or other

governmental body having jurisdiction, provided that such

certificate shall be approved by the municipal governing body if the

correction alters or otherwise affects a right-of-way or easement of

the municipality.

E. The certificate authorized by the provisions of this section

shall be retained by the county clerk of the county in which said

plat is located and shall be recorded as a correction in the county

plat book.

F. A certificate filed pursuant to the provisions of this

section shall be prima facie evidence of the statements contained in

said certificate and shall be received into evidence for that

purpose. No such certificate shall have the effect of destroying or

changing any vested rights which were acquired based upon an

existing plat despite the errors or defects contained in said plat.

The provisions of this section shall not prohibit any interested

party from commencing an action in the district court of the county

in which the plat is located pursuant to the provisions of Sections

41-112 through 41-114 of this title.
Okla. Stat. tit. 11, § 11-32-114 — OK Code / Title 11 / Section 11-32-114
Levy and collection of costs - Installments - Issuance
Status: in_force

of bonds.

Oklahoma Statutes - Title 11. Cities and Towns Page 290

The levy and assessment shall be payable in not more than ten

equal annual installments. Interest on the whole amount remaining

due and unpaid each year shall be at a rate not exceeding eight

percent (8%) per annum. Delinquent installments, and the unpaid

interest thereon, shall draw interest at the rate of twelve percent

(12%) per annum from maturity until paid. Any owner of land within

the improvement district may, within thirty (30) days after the

assessing ordinance is passed, pay the entire amount assessed

against such land. The assessing ordinance may provide that if the

entire amount of all assessments shall not have been paid within

thirty (30) days after passage of the assessing ordinance, special

assessment bonds may be issued, sold, collected and enforced as to

unpaid installments of assessments in the same manner as bonds for

municipal street improvements are issued, sold, collected and

enforced.
Okla. Stat. tit. 11, § 11-28-128 — OK Code / Title 11 / Section 11-28-128
Appeals
Status: in_force

Appeals may be taken from a judgment or order of a municipal

criminal court of record to the Court of Criminal Appeals in the

same manner and to the same extent that appeals are now taken from

the district courts to the Court of Criminal Appeals in criminal

matters, and no appeals other than those herein provided shall be

allowed.
Okla. Stat. tit. 11, § 11-47-108 — OK Code / Title 11 / Section 11-47-108
Procedure of commission in adopting the plan
Status: in_force

The commission may adopt the plan as a whole by a single

resolution or may by successive resolutions adopt successive parts

of the plan, the parts corresponding with major geographical

sections or divisions of the municipality or with functional

subdivisions of the subject matter of the plan, and may adopt any

amendment or extension thereof or addition thereto. Before the

adoption of the plan or any such part, amendment, extension, or

addition the commission shall hold at least one public hearing

thereon, notice of the time and place of which shall be given by one

publication in a newspaper of general circulation in the

municipality and in the official gazette, if any, of the

municipality. The adoption of the plan or of any part or amendment

or extension or addition shall be by resolution of the commission

carried by the affirmative votes of a majority of the commission.

The resolution shall refer expressly to the maps and descriptive and

other matter intended by the commission to form the whole or part of

the plan, and the action taken shall be recorded on the map and plan

and descriptive matter by the identifying signature of the chairman

or secretary of the commission. An attested copy of the plan or

part thereof shall be certified to the council.
Okla. Stat. tit. 11, § 11-32-102 — OK Code / Title 11 / Section 11-32-102
General powers of municipality
Status: in_force

A municipal governing body may:

1. acquire or construct parking stations within the limits of

the municipality;

2. own, maintain, and operate parking stations;

3. own and lease parking stations to or cause parking stations

to be maintained and operated by a financially responsible person,

firm, or corporation; or

4. own and lease to a responsible person, firm, or corporation

who shall construct, finance, and operate one or more parking

stations.

The right of the municipality to own, lease, maintain, operate, and

cause to be operated parking facilities and to fix and collect fees

and tolls for the use of said facilities is hereby declared to be a

public right and use. Said right and facilities shall constitute a

public benefit. The municipal governing body may do all things

necessary and proper in its discretion pursuant to the authority

granted to it by the Constitution and laws of this state to further

the ability of the municipality to provide parking facilities and

services.
Okla. Stat. tit. 11, § 11-23-103 — OK Code / Title 11 / Section 11-23-103
Cost of litigation when municipality defends municipal
Status: in_force

employee.

The cost of litigation in any case for which representation is

provided pursuant to Sections 23-101 and 23-102 of this title shall

be paid by the municipality. Cost of litigation shall include, but

is not limited to, court cost, deposition expenses, travel and

lodging, witness fees and other similar costs; except that this

section shall not be construed as authorizing the payment by the

municipality of any judgment making an award of monetary damages.
Okla. Stat. tit. 11, § 11-24-115 — OK Code / Title 11 / Section 11-24-115
Financial statements - Filing
Status: in_force

Within ninety (90) days following the closing of each fiscal

year, the Authority shall cause to be prepared certified financial

statements which shall be filed with the State Auditor and Inspector

and with the Director of the Office of Management and Enterprise

Services in accordance with the requirements for financial statement

audits in Section 212A of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-8-110 — OK Code / Title 11 / Section 11-8-110
Candidacy of municipal officer for county or state
Status: in_force

office - Resignation.

Any member of a municipal governing body, the city or town

clerk, and the city marshal shall be eligible to become a candidate

for a county or state office without resigning from the office held

by the officer.
Okla. Stat. tit. 11, § 11-15-106 — OK Code / Title 11 / Section 11-15-106
Appeal on question of ballot title - Procedure
Status: in_force

A qualified elector who is dissatisfied with the wording of a

ballot title may appeal, within ten (10) days after the ballot title

is filed with the clerk, to the district court in the county in

which the situs of the municipality is located. The petition for

appeal shall offer a substitute ballot title for the one from which

the appeal is taken. Written notice of the appeal shall be served

upon the clerk and upon the parties who filed the ballot title at

least five (5) days before such appeal is heard by the court. The

municipal attorney shall, and any interested citizen may, defend the

ballot title from which the appeal is taken. After the hearing of

the appeal, the district court may correct or amend the ballot

title, or accept the substitute suggested, or may draft a new one

which will conform with the law.
Okla. Stat. tit. 11, § 11-49-105.2 — OK Code / Title 11 / Section 11-49-105.2
Joining system - Application for affiliation -
Status: in_force

Consolidation of systems.

A. An eligible employer may join the System on the first day of

any month. Application for affiliation shall be in the form of a

resolution approved by the governing body of the eligible employer

or by any other body or officer authorized by law or recognized by

the State Board to approve such resolution or action. Upon the

filing of a certified copy of such resolution with the State Board,

such election shall be irrevocable and the eligible employer shall

become a participating municipality on the first day of the month

immediately following the filing of such election with the State

Board.

B. Any municipality that has a municipal firefighters pension

and retirement system prior to January 1, 1981, shall consolidate

its system with the state System and become aparticipating

municipality on the first entry date as provided in this article.
Okla. Stat. tit. 11, § 11-28-121 — OK Code / Title 11 / Section 11-28-121
Process - Searches, seizures and confiscation - Service
Status: in_force

of arrest warrant.

The municipal criminal court of record, by and through its clerk

or judge, shall have power to issue subpoenas, writs of attachment,

and summonses, to administer oaths, to verify complaints and other

Oklahoma Statutes - Title 11. Cities and Towns Page 264

processes and writs issuable by the district judge in criminal

proceedings, and to direct the same to the chief of police or other

law enforcement officers. The municipal criminal court of record

shall have power to compel obedience to its writs and orders in the

same manner and to the same extent as the district court. The

municipal criminal court of record shall also have power to issue

arrest warrants and search and seizure warrants and to hear and

determine proceedings for the confiscation of property used in

violation of the ordinances of the municipality. A law enforcement

officer of the municipality or a county sheriff may serve an arrest

warrant issued by the municipal court any place within this state.

If the warrant is served by a county sheriff, the municipality shall

pay the Sheriff's Service Fee Account a fee of Twenty Dollars

($20.00).
Okla. Stat. tit. 11, § 11-50-104.2 — OK Code / Title 11 / Section 11-50-104.2
Office facilities - Record of proceedings - Financial
Status: in_force

statement - Audits.

A. The principal office of the System shall be in Oklahoma

City, Oklahoma. Notwithstanding any statute or rule to the

contrary, the State Board, in accordance with its fiduciary duty, is

hereby authorized to own and occupy necessary office space in

suitable quarters as the State Board deems appropriate.

B. The State Board shall keep a record of all of its

proceedings, which shall be open for inspection at all reasonable

hours. A report including such information as the operation of the

System for the past fiscal year, including income, disbursements,

and the financial condition of the fund at the end of each fiscal

year and showing the valuation of its assets, investments, and

liabilities, shall be delivered to the Governor after the end of

each fiscal year but prior to October 1 of the next fiscal year and

made available to the members and participating municipalities.

C. The State Auditor and Inspector shall make an annual audit

of the accounts of the System. The audit shall be filed as soon

after the close of the fiscal year as practicable, in accordance

with the requirements for financial statement audits in Section 212A

of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-27-107 — OK Code / Title 11 / Section 11-27-107
Vacancies in office of judge
Status: in_force

Vacancies in the office of the judge of any municipal court

shall be filled in the same manner as provided for the appointment

of the judge in the first instance.
Okla. Stat. tit. 11, § 11-6-103 — OK Code / Title 11 / Section 11-6-103
Record of consolidation
Status: in_force

The order of each municipality declaring consolidation as a

municipal corporation shall be recorded in the office of the county

clerk in the county in which the situs of the consolidated municipal

corporation is located and filed in the office of the Secretary of

State and in the archives of the municipal corporation.

Oklahoma Statutes - Title 11. Cities and Towns Page 37
Okla. Stat. tit. 11, § 11-36-413 — OK Code / Title 11 / Section 11-36-413
Dedication of public property for street purposes
Status: in_force

Any board of county commissioners, board of education or school

district shall have full power and authority at all times to offer

to the public for public use and for street purposes any lands owned

or held by it in any municipality, whether such lands be held in a

governmental or private or proprietary capacity. To effect a

dedication to the public, it shall only be necessary for the

municipal governing body to adopt a resolution declaring the land

described dedicated to public use as a public street or avenue.
Okla. Stat. tit. 11, § 11-36-113 — OK Code / Title 11 / Section 11-36-113
Construction, improvement, repair or maintenance of
Status: in_force

municipal streets.

A. The Department of Transportation may, or the board of county

commissioners of any county or federally recognized tribal

government shall, by agreement with the governing body of a

municipality having a population less than five thousand (5,000)

persons, construct, improve, repair or maintain any of the streets

of the municipality.

Oklahoma Statutes - Title 11. Cities and Towns Page 321

B. The board of county commissioners may construct, improve,

repair, or maintain any of the streets of a municipality having a

population of less than five thousand (5,000) persons subject to

agreement between the governing bodies of the county and the

municipality without regard to whether the municipality has passed a

sales tax with proceeds earmarked to construct, improve, repair or

maintain any of the streets or roadways of such municipality.

C. The board of county commissioners may construct, improve,

repair or maintain any of the streets of a municipality having a

population of greater than five thousand (5,000) persons but less

than fifteen thousand (15,000) persons if the municipality has

passed a sales tax or fee with the proceeds earmarked to construct,

improve, repair or maintain any of the streets or roadways of such

municipality; provided, that the county has a population of less

than one hundred fifty thousand (150,000) persons.

D. Notwithstanding any provision of this section, the board of

county commissioners may construct, improve, repair, or maintain any

of the streets of a municipality if the county has a population in

excess of one hundred fifty thousand (150,000) persons according to

the most recent Federal Decennial Census. The agreements entered

into pursuant to the provisions of this subsection may be performed

without regard to whether the municipality has passed a sales tax

with proceeds earmarked to construct, improve, repair or maintain

any of the streets or roadways of such municipality.
Okla. Stat. tit. 11, § 11-36-112 — OK Code / Title 11 / Section 11-36-112
Intersections and crossings - Participation by counties
Status: in_force

and state highway commission in street improvements.

A. The municipal governing body, in its discretion, may provide

for the payment of the cost for improving street intersections and

alley crossings out of the general revenues.

B. The State Highway Commission is authorized in its sole

discretion to enter into agreements with the governing body of any

municipality for participation with State Highway Construction and

Maintenance Funds in the cost of any improvements on streets which

are a part of the State Highway System. Such agreements may provide

for the award and supervision of the contract by the municipality.

The state's share of the cost is to be due and payable upon

completion of the project.

C. Any board of county commissioners, in its discretion, may

enter into agreements with the governing body of any municipality

for participation with County Highway Funds in the cost of any

improvements on streets which are in the limits of the municipality

and are part of the County Highway System. Such agreements may

provide for the award and supervision of the contract by the

municipality. The county's share of the cost is to be due and

payable upon completion of the project.Oklahoma Statutes - Title 11. Cities and Towns Page 13
Okla. Stat. tit. 11, § 11-8-102 — OK Code / Title 11 / Section 11-8-102
Term of office
Status: in_force

Unless otherwise provided for by law, the term of office of an

elected municipal official shall be four (4) years. The term of

office of an elected official shall begin at 12:00 noon on the

second Monday following the general municipal election, and such

official shall serve until his successor is elected and qualified.

If a newly elected official does not qualify within thirty (30) days

Oklahoma Statutes - Title 11. Cities and Towns Page 40

after his term of office begins, the office shall become vacant and

shall be filled in the manner provided by law. In order to complete

the unexpired term, the office of an official who is holding over

shall be filled at the next general election in compliance with the

provisions of Sections 16-101 through 16-213 of this title.
Okla. Stat. tit. 11, § 11-26-203 — OK Code / Title 11 / Section 11-26-203
Perpetual care fund receipts - Cemetery records
Status: in_force

Every trustee of a perpetual care fund shall execute and deliver

to the donor a receipt showing the amount of money received, and the

use to be made of the net proceeds from the money. The receipts

shall be attested by the clerk of the court granting letters of

trusteeship and a copy thereof shall be signed by the trustees of

the cemetery board. The receipts so attested shall then be filed

with and recorded by the court clerk in a book to be known as the

"Cemetery Records," in which shall be recorded all reports and other

papers, including orders made by the court or judge relative to

cemetery matters.
Okla. Stat. tit. 11, § 11-42-112 — OK Code / Title 11 / Section 11-42-112
Notice of court action by owners to foreclose or
Status: in_force

reopen.

Notice of the verified petition by a property owner to foreclose

the right to reopen the public way or to reopen the public way shall

be given by:

1. Service of summons to the municipality as provided in civil

action;

Oklahoma Statutes - Title 11. Cities and Towns Page 468

2. Service of summons to public service corporations,

transmission and utility companies or franchise holders having

rights in the public way or easement; and

3. a. Mailing by first class mail at least thirty (30) days

before the hearing a copy of the petition and a copy

of the notice to be published as provided in

subparagraph b of this paragraph to all owners of

record, as shown by the current year's tax rolls in

the office of the county treasurer, of property

abutting that portion of the public way or easement

sought to be vacated, and such other owners of record

whose property abuts said public way or easement

within three hundred (300) feet from that portion of

said public way or easement sought to be vacated; and

to any person, firm or corporation, not otherwise

required to be notified, that is known by the

petitioner to claim an interest or rights in the

public way or easement. An affidavit verifying the

mailing of the petition and notice as provided for in

this subparagraph shall be filed in the action.

b. Notice to the public shall be given by one (1)

publication in a newspaper of general circulation

published in the county where the property is located,

which publication shall be at least thirty (30) days

prior to the hearing. The summons or publication

notice shall provide for an answer date not less than

twenty (20) days after issuance of the summons or

first publication notice.
Okla. Stat. tit. 11, § 11-32-113 — OK Code / Title 11 / Section 11-32-113
Apportionment of costs - Assessing ordinance -
Status: in_force

Limitation on suits.

The portion of the cost of any improvement to be assessed

against the property in the improvement district shall be

apportioned against the property in accordance with the special

benefits accruing thereto by reason of the improvement. The cost

may be assessed equally per front foot or per square foot against

all lots and pieces of land within the improvement district or the

cost may be determined and fixed on the basis of any other

reasonable assessment plan which will result in imposing

substantially equal burdens or shares of the cost upon property

similary benefited. The governing body shall determine the final

apportionment of costs of the improvement and shall levy, by

ordinance, assessments in accordance with the apportionment against

the property liable therefor. No suit shall be maintained in any

court to enjoin or in any way contest the validity of any special

assessment for the cost of acquiring or improving parking stations

unless the same be instituted and summons served within thirty (30)

days after the date of the publication of the ordinance levying the

assessment.
Okla. Stat. tit. 11, § 11-8-106 — OK Code / Title 11 / Section 11-8-106
Nepotism - Dual office holding
Status: in_force

No elected or appointed official or other authority of the

municipal government shall appoint or elect any person related by

affinity or consanguinity within the third degree to any governing

body member or to himself or, in the case of a plural authority, to

any one of its members to any office or position of profit in the

municipal government. The provisions of this section shall not

prohibit an officer or employee already in the service of the

municipality from continuing in such service or from promotion

therein. A person may hold more than one office or position in a

municipal government as the governing body may ordain. A member of

Oklahoma Statutes - Title 11. Cities and Towns Page 41

the governing body shall not receive compensation for service in any

municipal office or position other than his elected office.
Okla. Stat. tit. 11, § 11-32-112 — OK Code / Title 11 / Section 11-32-112
Limitation on suits contesting establishment of the
Status: in_force

district.

No suit shall be maintained in any court to enjoin or in any way

contest the establishment of parking stations or the establishment

of an improvement district unless the suit be instituted and summons

served within thirty (30) days after the date of the filing of a

petition for the improvement with the municipal clerk, or within

thirty (30) days after the date of the public hearing on the

advisability of the improvement.
Okla. Stat. tit. 11, § 11-11-120 — OK Code / Title 11 / Section 11-11-120
Personnel board - Officers and meetings
Status: in_force

At the time prescribed for the beginning of the term of a newly

elected member or as soon thereafter as practicable, the members of

the personnel board shall elect a chairman, a vice-chairman and a

secretary. The secretary need not be a member of the board. The

board shall determine the time and place of its regular meetings,

and the chairman or two members may call special meetings of the

board.
Okla. Stat. tit. 11, § 11-16-315 — OK Code / Title 11 / Section 11-16-315
Elections to be conducted by county election board -
Status: in_force

Option to be conducted at town meeting.

Whenever in Title 11 of the Oklahoma Statutes provisions are

made for election of officers or consideration of questions at

elections conducted by the county election board pursuant to Section

16-101 et seq. of Title 11 of the Oklahoma Statutes, such elections

may be held or questions considered at biennial or special town

meetings, if the municipality is subject to the provisions of this

act.
Okla. Stat. tit. 11, § 11-37-127 — OK Code / Title 11 / Section 11-37-127
Municipalities outside Oklahoma - Purchase of lands for
Status: in_force

water in Oklahoma.

An incorporated municipality of a state adjoining the State of

Oklahoma is hereby granted permission, if authorized or empowered by

the laws of such adjoining state to do so, to acquire by purchase

from a private corporation which may be furnishing water to water

users in the municipality, or which may be furnishing water to the

Oklahoma Statutes - Title 11. Cities and Towns Page 377

municipality for resale to water users therein, the title to, or

lesser interest in, lands that the private corporation owns in the

State of Oklahoma. The municipality may also acquire any easements

or rights-of-way then owned by such corporation over and across

other lands within the State of Oklahoma necessary for pipelines to

convey water from a reservoir to a point or points outside the State

of Oklahoma. Such lands, easements and rights-of-way acquired by

the municipality may be used in connection with, but only used in

connection with, the establishment, betterment or expansion of a

municipally-owned water supply or system; the necessary protection

of the water supply from pollution; or the maintenance and operation

of the municipally-owned water supply or system. The municipality

may continue to hold lands, easements and rights-of-way so acquired

as long as the same are so used. In order to transfer or convey any

of its interests in Oklahoma lands, the private corporation shall

have owned the title to, or any lesser interest in, lands within the

State of Oklahoma as of April 25, 1957, upon which is located, in

whole or in part, a reservoir from which such water or portion

thereof is obtained, which reservoir has been in existence on the

lands for more than one (1) year prior to April 25, 1957, and which

land, or interest therein, has been owned by the corporation for

more than fifteen (15) years prior to April 25, 1957.
Okla. Stat. tit. 11, § 11-21-105 — OK Code / Title 11 / Section 11-21-105
Annexation by petition - Notice - Cost - Governing body
Status: in_force

ordinance.

At least three-fourths of the registered voters and the owners

of at least three-fourths (in value) of the property in any

territory adjacent or contiguous to the municipality may request

annexation by signing and filing a petition with the governing body

of the municipality. The petitioners must give notice of the

presentation of the petition by publication at least once each week

for two (2) successive weeks in a newspaper of general circulation

in the municipality where the petition has been presented. The

municipality may pay the cost of the annexation proceedings. After

the notice of the petition has been given, the governing body by

ordinance may annex the territory to the municipality.
Okla. Stat. tit. 11, § 11-11-112 — OK Code / Title 11 / Section 11-11-112
Compensation of elective officers
Status: in_force

The compensation of all elective city officers shall be fixed by

ordinance.
Okla. Stat. tit. 11, § 11-43-115 — OK Code / Title 11 / Section 11-43-115
Site plans - Submission and approval
Status: in_force

A. As used in this section, “site plan” means the documents and

plans specified in the zoning ordinance which are needed to ensure

that a proposed land use or activity is in compliance with the

ordinances and applicable state and federal regulations, if any.

B. The procedures and requirements for the submission and

approval of site plans shall be specified in the zoning ordinance.

Site plan submission review and approval shall be required for

specific use permits. Decisions denying, approving, or

conditionally approving a site plan shall be based upon the approved

specific use permit conditions and standards, and requirements

contained in the zoning ordinance.

C. Changes to the approved site plan may be authorized by the

zoning ordinance with notice as specified thereby.

D. The ordinance providing for specific use permits may provide

that the permit shall become void if the use ceases for a specified

Oklahoma Statutes - Title 11. Cities and Towns Page 485

period of time or if the use does not commence within a specified

time after the granting of the specific use permit.

E. Nothing set out in this section or Sections 1 and 2 of this

act shall invalidate a specific use permit approved by a

municipality prior to the effective date of these sections whether

named a specific use permit or conditional use permit or other term

but having as its purpose the same or similar purpose herein

provided and which provided notice and an opportunity for hearing

prior to approval.
Okla. Stat. tit. 11, § 11-50-130 — OK Code / Title 11 / Section 11-50-130
Police Pension and Retirement Fund
Status: in_force

There is hereby established a fund to be designated as the

Oklahoma Police 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, § 11-5-102 — OK Code / Title 11 / Section 11-5-102
Order calling for election on question - Notice
Status: in_force

Within thirty (30) days after filing the petition for a city

incorporating as a town, the board of county commissioners shall

call for an election for the purpose of submitting to the registered

voters of the city the question of whether or not such city shall

become an incorporated town. The order calling for the election

shall name the date for the election and shall be submitted to the

secretary of the county election board for the purpose of conducting

the election. The order shall be published in a newspaper of

Oklahoma Statutes - Title 11. Cities and Towns Page 35

general circulation in the city for a period of at least twenty (20)

days prior to the election.
Okla. Stat. tit. 11, § 11-7-101 — OK Code / Title 11 / Section 11-7-101
Dissolution of municipality - Application - Notice of
Status: in_force

election on question.

An application for dissolution of a municipality shall be filed

with the governing body of the municipality. The application shall:

1. Be in writing;

2. Set forth the reasons for the request; and

3. Be signed by not less than one-third of the registered

voters residing in the municipality as shown by the preceding

general election.

If the governing body of the municipality determines that the

reasons for dissolution are good, it shall call for an election for

the purpose of submitting to the registered voters of the

municipality the question of whether or not the municipality should

be dissolved. Notice of the election shall be given by the

governing body in the manner provided by law for municipal

elections.
Okla. Stat. tit. 11, § 11-33-112 — OK Code / Title 11 / Section 11-33-112
Limitation of indebtedness - Approval of bonds and
Status: in_force

proceedings by Attorney General.

Any indebtedness created or bonds issued under authority of

Sections 33-101 through 33-115 of this title shall be within the

limitations and provisions of Sections 26 or 27, Article X of the

Oklahoma Constitution. Any bonds or proceedings incident to the

issuance shall be submitted to and approved by the Attorney General

of Oklahoma, in the manner and with the effect provided in Sections

11, 13 and 14 of Title 62 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-33-111 — OK Code / Title 11 / Section 11-33-111
Petition for recreation programs - Submission of
Status: in_force

question to voters.

Whenever a petition is signed by at least five percent (5%) of

the registered voters of a governmental unit requesting its

governing body to provide, establish, maintain, conduct, either

singly or jointly with one or more of the other governmental units

specified herein, a recreation system and an appropriate amount of

funds necessary for the establishment thereof, it shall be the duty

of the governing body of the governmental unit to cause the question

of establishment, maintenance and conduct of the recreational system

or facilities to be submitted to the registered voters of the

governmental unit, and the proposition of the issuance of bonds

therefor to be voted on in a special or general election. Upon the

adoption of the proposition, the governing body of the governmental

unit shall by appropriate resolution or ordinance provide for the

establishment, maintenance and conduct of such recreation center or

other recreational purposes or facilities.
Okla. Stat. tit. 11, § 11-36-119 — OK Code / Title 11 / Section 11-36-119
Waiver of penalties on delinquent assessments
Status: in_force

Whenever the municipal governing body deems it to be in the best

interest of the municipality to waive or cancel any part or portion

of the penalty or penalties belonging to the municipality from

delinquent special assessments, the governing body by resolution may

waive or cancel such part or portion of the penalty or penalties;

except that any penalties which have been set aside by law for the

purpose of paying bonds issued in the respective districts, together

with the interest thereon which has accrued upon any delinquent

special assessment or installment thereof, or for the purpose of

securing bonds or warrants for street improvement purposes or

sewers, may not be waived or cancelled by the governing body.
Okla. Stat. tit. 11, § 11-10-110 — OK Code / Title 11 / Section 11-10-110
Vacancy in the office of mayor or vice-mayor
Status: in_force

When a vacancy occurs in the office of mayor, the vice-mayor

shall become the mayor for the duration of the unexpired term. When

a vacancy occurs in the office of vice-mayor, the council shall

elect another vice-mayor from among its members for the duration of

the unexpired term.

Oklahoma Statutes - Title 11. Cities and Towns Page 55
Okla. Stat. tit. 11, § 11-28-115 — OK Code / Title 11 / Section 11-28-115
Composition of jury - Selection, empanelling and
Status: in_force

qualification.

A jury for the trial of cases in the municipal criminal court of

record shall consist of six (6) persons who shall be selected,

empanelled and qualified in the same manner that jurors are

selected, empanelled and qualified in the district court.
Okla. Stat. tit. 11, § 11-13-114 — OK Code / Title 11 / Section 11-13-114
Special charter provisions relating to abandonment of
Status: in_force

municipal charters.

Oklahoma Statutes - Title 11. Cities and Towns Page 77

Where a municipality has adopted a charter containing a special

provision to the effect that at the expiration of a specified period

after the adoption of the charter the governing body may submit to

the registered voters of the municipality the question of whether or

not the charter shall be abandoned and the municipality governed

under a statutory form of government, and the specified time has

expired and the governing body has failed to submit the question,

then the question shall be submitted to the registered voters at the

next election which may be held in the municipality. The secretary

of the county election board shall submit the question substantially

in the language of the charter provision. If a majority of the

votes cast, as certified by the secretary of the county election

board, are in favor of abandoning the charter and adopting a

statutory form, the results of the election shall be certified to

the Governor in the manner provided for revocation of charters.
Okla. Stat. tit. 11, § 11-14-110 — OK Code / Title 11 / Section 11-14-110
Notice and filing of penal ordinance compilation -
Status: in_force

Judicial notice.

When a municipality has compiled and published its permanent

volume or biennial supplement of penal ordinances, the governing

body of the municipality shall adopt a resolution notifying the

public of the publication. A copy of the resolution shall be filed

in the office of the county clerk in each county in which the

municipality is located. The county clerk shall assign the filed

resolution a book and page number. At least one copy of the

permanent volume and each biennial supplement shall be deposited

free of cost by the municipality in the county law library of each

county wherein the municipality is located, and receipt of same

shall be duly noted in writing by the county law librarian. A copy

of the receipt may be filed with the county clerk who shall then

assign a book and page number. The permanent volume or biennial

supplement of compiled penal ordinances shall be available for

purchase by the public at a reasonable price. Ordinances which have

been compiled and filed in accordance with this section shall be

judicially noticed in all court proceedings. Provided, a court may

consider a book and page reference of the county clerk's filings as

Oklahoma Statutes - Title 11. Cities and Towns Page 82

satisfactory proof of compliance so that judicial notice may be

taken of an ordinance.
Okla. Stat. tit. 11, § 11-37-103 — OK Code / Title 11 / Section 11-37-103
Appropriation of land and water rights
Status: in_force

A. The municipal governing body may dam any river or stream

which is not navigable, and condemn, appropriate and divert the

water from such river or stream, or so much thereof, as may be

deemed necessary; and may condemn and appropriate in the name of and

for the use of the municipality any land located in or outside of

the corporate limits of the municipality as may be necessary for the

construction and operation of waterworks. The appropriation of land

or of water rights by any municipality shall be governed by the

procedure prescribed for the condemnation of land for railway

purposes. The water and the right to divert the water may be

described, at the option of the municipality, in capacity by a given

number of gallons daily, or as a quantity sufficient for the

purposes. Upon the payment made or deposit of the award of the

commissioners to the clerk of the district court, the municipality

shall be vested with the perpetual right to use the land so

condemned and the right to divert the water so condemned for the

purposes mentioned herein. The exercise of this power shall be a

continuing right and not exhausted by one or more exercises thereof.

B. The provisions of this section and Sections 37-104 and 37-105 of

this title shall be construed as cumulative to the rights and powers

already possessed by municipalities to purchase, take and condemn

land for public uses.
Okla. Stat. tit. 11, § 11-38-109 — OK Code / Title 11 / Section 11-38-109
Powers of municipalities or other public bodies
Status: in_force

A. For the purpose of aiding in the planning, undertaking or

carrying out of an urban renewal project, a municipality or any

other public body may:

1. Cause public buildings and public facilities to be

furnished, including parks, playgrounds, recreational, community,

educational, water, sewer, or drainage facilities, or any other

works which it is otherwise empowered to undertake; furnish,

dedicate, close, vacate, pave, install, grade, regrade, plan or

replan streets, roads, sidewalks, ways or other places; or make

exceptions from building regulations; and cause administrative and

other services to be furnished;

2. Accept by gift or otherwise acquire, with or without

consideration, title to real property in an urban renewal project

area, hold such real property and enter into lease-purchase or other

agreements respecting the operation, use, or disposal of such land,

Oklahoma Statutes - Title 11. Cities and Towns Page 410

with a duly organized urban redevelopment corporation or Urban

Renewal Authority. Such lease-purchase or other agreements shall

contain such terms and conditions as may be deemed necessary and

convenient to the execution of an urban renewal plan; or

3. Appropriate funds for urban renewal purposes.

B. If at any time title to or possession of any real property

in an urban renewal project is held by any municipality or public

body or governmental agency which is authorized by law to engage in

the undertakings, carrying out, or administration of urban renewal

projects (including any agency or instrumentality of the United

States of America), the provisions of the agreements referred to in

this section shall inure to the benefit thereof and may be enforced

by such public body or governmental agency.

C. Any sale, conveyance, lease or lease-purchase agreement or

agreement provided pursuant to this section may be made by a public

body to any other public body without appraisal, public notice,

advertisement or public bidding.

D. For the purpose of aiding in the planning, undertaking or

carrying out of an urban renewal project hereunder, a municipality

or an Urban Renewal Authority or any other public agency, board or

body may (in addition to its other powers and upon such terms, with

or without consideration, as it may determine) do and perform any or

all of the actions or things which such public agencies or public

bodies are authorized to do or perform, including the furnishing of

financial and other assistance.

E. For the purposes of this section, or for the purposes of

aiding in the planning, undertaking or carrying out of an urban

renewal project, such municipality may issue and sell its general

obligation bonds. Any bonds issued by a municipality pursuant to

this section shall be issued in the manner and within the

limitations prescribed by laws of this state for the issuance and

authorization of bonds by such municipality for public purposes

generally.
Okla. Stat. tit. 11, § 11-35-204 — OK Code / Title 11 / Section 11-35-204
Sale to be for cash - Bids - Payment
Status: in_force

The sale of any public utility, when authorized by the

registered voters, shall be for cash to the highest and best

responsible bidder. Each bid shall be accompanied with a certified

check payable to the clerk of the municipality for ten percent (10%)

of the amount bid. The check shall be cashed by the treasurer of

the municipality if the bid to which the check is attached is

accepted, and the proceeds thereof shall be held to secure the

municipality in damages it might sustain upon the failure of the

bidder to pay the amount bid for the utility. The balance of the

purchase price shall be payable in cash by the successful bidder

upon the execution and delivery of proper legal conveyances and of

the property thereby conveyed. The public utility shall not be

delivered, nor shall the right to participate in any portion of the

income derived therefrom accrue to the purchaser until full payment

in cash of the amount of the bid for such utility is made.

Securities in which municipal treasurers are authorized by law to

invest sinking funds may be accepted in lieu of cash.
Okla. Stat. tit. 11, § 11-38-108 — OK Code / Title 11 / Section 11-38-108
Enumerated Authority powers - Powers and duties
Status: in_force

excluded.

Oklahoma Statutes - Title 11. Cities and Towns Page 407

A. Every Urban Renewal Authority within the provisions of this

article shall have all the powers necessary or convenient to carry

out and effectuate the purposes and provisions of this article,

including the following powers in addition to others herein granted:

1. To undertake and carry out the urban renewal projects within its

area of operation and in accordance with any urban renewal plan

adopted by the municipality; and to make and execute contracts and

other instruments necessary or convenient to the exercise of its

powers under this article; and to disseminate blight and urban

renewal information;

2. To provide or to arrange or contract for the furnishing by

any person or agency, public or private, of services, privileges,

works, streets, roads, public utilities, or other facilities for or

in connection with an urban renewal project; to install, construct,

and reconstruct streets, off-street parking facilities, utilities,

parks, playgrounds, and other public improvements; and to agree to

any conditions that it may deem reasonable and appropriate attached

to Federal financial assistance and imposed pursuant to Federal law

relating to the determination of prevailing salaries or wages or

compliance with labor standards, in the undertaking or carrying out

of an urban renewal project, and to include in any contract let in

connection with such a report, provisions to fulfill such of said

conditions as it may deem reasonable and appropriate;

3. With the permission of the owner or occupant, to enter into

any building or property in any urban renewal area within its area

of operation in order to make inspections, surveys, appraisals,

soundings or test borings; provided if permission be denied, to so

enter for such purpose, upon reasonable notice and at reasonable

times, with the least possible inconvenience to the persons in

possession, and to obtain an order for this purpose from a court of

competent jurisdiction in the event entry is denied or resisted; to

acquire by purchase, lease, option, gift, grant, bequest, devise,

eminent domain or otherwise, any real property, or personal property

for its purposes, together with any improvements thereon; to hold,

improve, clear or prepare for redevelopment any such property; to

mortgage, pledge, hypothecate or otherwise encumber or dispose of

any real property; to insure or provide for the insurance of any

real or personal property or operations of the Authority or the

municipality against any risk or hazards, including the power to pay

premiums on any such insurance; and to enter into any contracts

necessary to effectuate the purposes of this article; provided,

however, that no statutory provisions with respect to the

acquisition, clearance or disposition of property by public bodies

shall restrict the Authority or municipality or other public body

exercising powers hereunder, in the exercise of such functions with

respect to an urban renewal project, unless the Legislature shall

specifically so state;

Oklahoma Statutes - Title 11. Cities and Towns Page 408

4. To invest any urban renewal project funds held in reserves

or sinking funds or any such funds not required for immediate

disbursement, in property or securities in which savings banks,

building and loan associations or savings and loan associations may

legally invest funds; to redeem such notes as have been issued

pursuant to Section 38-115 of this title at the redemption price

established therein or to purchase such notes at less than

redemption price, all such notes so redeemed or purchased to be

cancelled;

5. To borrow money and to apply for and accept advances, loans,

grants, contributions and any other form of financial assistance

from the federal government, the state, county or other public body,

or from any sources, public or private, for the purposes of this

article, and to give such security as may be required and to enter

into and carry out contracts in connection therewith. An Authority

may include in any contract for financial assistance with the

federal government for an urban renewal project such conditions

imposed pursuant to federal laws as the Authority may deem

reasonable and appropriate and which are not inconsistent with the

purposes of this article;

6. To make or have made, within its area of operation, surveys

and plans necessary to the carrying out of urban renewal plans or

projects, and to contract with any person, public or private, in

making and carrying out such plans. Such plans may include: (a)

urban renewal plans; (b) preliminary plans outlining urban renewal

activities for neighborhoods to embrace two or more urban renewal

areas; (c) plans for carrying out a program of voluntary or

compulsory repair and rehabilitation of buildings and improvements;

(d) plans for the enforcement of state and local laws, codes and

regulations relating to the use and occupancy of buildings and

improvements and to the compulsory repair, rehabilitation,

demolition, or removal of buildings and improvements; or (e)

appraisals, title searches, surveys, studies, and other plans and

work necessary to prepare for the undertaking of urban renewal

projects;

7. To develop, test, and report methods and techniques, and

carry out demonstrations and other activities, for the prevention

and the elimination of blight and to apply for, accept and utilize

grants of funds from the Federal Government or any other source for

such purposes;

8. To prepare plans for the relocation of persons, families,

business concerns and others displaced by an urban renewal project,

and to make relocation payments to or with respect to such persons

for moving expenses and losses of property for which reimbursement

or compensation is not otherwise made, including the making of such

payment financed by the Federal Government but not limited thereby;

Oklahoma Statutes - Title 11. Cities and Towns Page 409

9. To make such expenditures as may be necessary to carry out

the purposes of this article;

10. To organize, coordinate and direct the administration of

the provisions of this article as they apply to the municipality in

order that the objective of remedying blighted areas and preventing

the causes thereof within its area of operation may be most

effectively promoted and achieved, and to establish such office or

offices necessary to carry out such purposes most effectively; or

11. To exercise all or any part or combination of powers herein

granted, provided that the records covering all transactions shall

be open to public scrutiny and may be inspected by any person

affected thereby during regular office hours and upon reasonable

notice.

B. The duties, powers or authority of the Urban Renewal

Authority shall not include:

1. The power to determine an area to be a blighted area and to

designate such area as appropriate for an urban renewal project;

2. The power to prepare, establish, or amend a general plan for

the locality as a whole;

3. The power to formulate a workable program;

4. The power to make the determinations and findings provided

for in Section 38-105 and subsection E of Section 38-106 of this

title;

5. The power to issue general obligation bonds;

6. The power to appropriate funds of the municipality, to levy

taxes and assessments;

7. The power to zone or rezone; or

8. The power to make exceptions to zoning ordinances or

building regulations of the municipality.
Okla. Stat. tit. 11, § 11-23-105 — OK Code / Title 11 / Section 11-23-105
Ambulance service - Liability insurance - Employee
Status: in_force

benefits.

A. The governing body of any municipality or county may

contract for ambulance service with the state or any of its agencies

or any other municipality, county, person, firm, or corporation or

combination thereof subject to such terms and conditions as may be

agreed upon between the parties or in accordance with the

requirements of the Interlocal Cooperation Act. Such contracts, if

with a person, firm, or corporation, shall provide for the carrying

of liability insurance in a sum of not less than the risk of

liability of the municipality pursuant to the provisions of Section

154 of Title 51 of the Oklahoma Statutes.

B. Any employee of a municipality, county, or public trust,

engaging in ambulance or emergency service provided by the employer

shall be entitled to all benefits of any pension fund or insurance

benefits to which such employee might otherwise be entitled. If the

employee of any city, town, county, or public trust performs

ambulance or emergency service in his off-duty hours in addition to

such employee's principal employment, the time spent in such

additional duty shall not be counted toward the person's pension and

the compensation received shall not be used to calculate the pension

that person may receive at some future time.
Okla. Stat. tit. 11, § 11-50-136.3 — OK Code / Title 11 / Section 11-50-136.3
Benefit adjustment - Restoration of Initial COLA
Status: repealed

Benefit.

A. For purposes of this section the following definitions shall

apply:

1. "Initial COLA Benefit Date" means the later of the member's

date of benefit commencement or January 1, 1981. This date is used

in the definition of Initial COLA Benefit and Target COLA Benefit;

2. "Initial COLA Benefit" means the accrued retirement benefit

which will be used as the base benefit for determining the Target

COLA Benefit. The Initial COLA Benefit equals the benefit in

payment status as of the Initial COLA Benefit Date. Furthermore,

this benefit will reflect adjustment for military service credits,

if any, granted after the Initial COLA Benefit Date;

3. "CPI-U" means the Consumer Price Index for all urban

consumers for all goods and services, as published by the Bureau of

Labor Statistics, U.S. Department of Labor. This is used as a

measure of price inflation for the development of the Target COLA

Benefit defined below; and

4. "Target COLA Benefit" is the Initial COLA Benefit adjusted

to reflect price inflation as measured by CPI-U. The Target COLA

Benefit is calculated for each eligible member to equal the member's

Initial COLA Benefit multiplied by a ratio of (A) divided by (B) as

follows:

(A) is the CPI-U as of July 1, 1997.

(B) is the CPI-U as of July 1 of the calendar year of the

Initial COLA Benefit Date.

B. The Board shall, effective July 1, 1998, implement a benefit

adjustment, to increase, if necessary, the retirement benefit for

any person receiving benefits from the System as of June 30, 1997.

This benefit adjustment is intended to restore one hundred percent

(100%) of the loss of the Initial COLA Benefit, if any, due to price

inflation, as measured by CPI-U. The benefit adjustment shall be

one hundred percent (100%) of the amount by which the Target COLA

Benefit is in excess, if any, of the June 1998 retirement benefit.

Persons who retired after December 31, 1996 and before July 1, 1997,

shall receive a benefit increase based on one-half (1/2) of the CPI-

U change for the period beginning January 1, 1997 and before July 1,

1997.

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

pursuant to repealed Section 50-120 of Title 11 of the Oklahoma

Statutes, after June 30, 1998, shall be offset by the increase in

benefits, if any, provided by this section.

Oklahoma Statutes - Title 11. Cities and Towns Page 686
Okla. Stat. tit. 11, § 11-50-132 — OK Code / Title 11 / Section 11-50-132
Assets of Fund - Contents - Right to assets -
Status: in_force

Valuation.

The assets of the Fund shall consist of such assets and the

income therefrom, including such contributions as shall from time to

time be made to the State Board by each municipality, or property

for which any of the same shall be exchanged or into which any of

the same shall be converted, together with any other assets held

from time to time hereunder by the State Board. All legal right,

title and interest in and to the assets of the Fund shall at all

times be held in trust and vested exclusively in the State Board or

its nominee and no municipality shall be deemed to have severable

ownership of any asset of the Fund or any right of partition or

possession.

Oklahoma Statutes - Title 11. Cities and Towns Page 681

The State Board shall appraise and place valuation upon the

assets of the Fund held by it as of the last business day of each

month. Any assets not held by the State Board shall be appraised

and valued by the Executive Director on said date.

The valuation of all assets of the Fund shall be both at cost

and at the fair market value thereof, as determined by reference to

the best available source or sources, in the opinion of the

Executive Director and the State Board and both the Executive

Director and State Board may rely on figures, or statements

appearing in any reputable publication purporting to state sales

prices, market quotations, values, bid and asking prices or any

facts affecting values and upon the opinion of one or more persons

familiar with the reasonable market value of any assets to be valued

and shall incur no liability for error in any such valuation made in

good faith. The reasonable and equitable decision of the Executive

Director and State Board regarding the method used in determining

values shall be conclusive and binding upon all persons, natural or

legal, having interest, direct or indirect, in the Fund's assets.

Upon termination or partial termination of the System, or a

permanent discontinuance of contributions, the benefits accrued up

to the date of termination by the affected members and their

beneficiaries, respectively, shall be nonforfeitable.
Okla. Stat. tit. 11, § 11-21-110 — OK Code / Title 11 / Section 11-21-110
See the following versions:
Status: in_force

OS 11-21-110v1 (SB 694, Laws 2025, c. 354, 1)

OS 11-21-110v2 (HB 1166, Laws 2025, c. 481, § 2)
Okla. Stat. tit. 11, § 11-51-105 — OK Code / Title 11 / Section 11-51-105
Meet and confer - Agreements
Status: in_force

It shall be the obligation of the municipality, acting through

its corporate authorities, to meet at reasonable times and confer in

good faith with the representatives of the fire fighters or police

officers within ten (10) days after receipt of written notice from

said bargaining agent requesting a meeting for collective bargaining

purposes. The obligation shall include the duty to cause any

collective bargaining agreement resulting from negotiations to be

reduced to a written agreement, the term of which shall not exceed

one (1) year; provided, any such agreement shall continue from year

to year and be automatically extended for one-year terms unless

written notice of request for bargaining is given by either the

municipal authorities or the bargaining agent of the fire fighters

or police officers at least thirty (30) days before the anniversary

date of such negotiated agreement. Within ten (10) days of receipt

of such notice by the other party, a conference shall be scheduled

for the purposes of collective bargaining, and until a new agreement

is reached, the currently existing written agreement shall not

expire and shall continue in full force and effect.
Okla. Stat. tit. 11, § 11-8-113 — OK Code / Title 11 / Section 11-8-113
Prohibited business activities with municipality -
Status: in_force

Exceptions - Definitions - Violations - Employees of financial

institutions.

A. Except as otherwise provided by this section, no municipal

officer or employee, or any business in which the officer, employee,

or spouse of the officer or employee has a proprietary interest,

shall engage in:

1. Selling, buying, or leasing property, real or personal, to

or from the municipality;

2. Contracting with the municipality; or

3. Buying or bartering for or otherwise engaging in any manner

in the acquisition of any bonds, warrants, or other evidence of

indebtedness of the municipality.

B. The provisions of this section shall not apply to any

officer or employee of any municipality of this state with a

population of not more than five thousand (5,000) according to the

latest Federal Decennial Census, who has a proprietary interest in a

business which is the only business of that type within five (5)

miles of the corporate limits of the municipality. However, any

activities permitted by this subsection shall not exceed Two

Thousand Five Hundred Dollars ($2,500.00) for any single activity

and shall not exceed Fifteen Thousand Dollars ($15,000.00) for all

activities in any calendar year. Provided, however, such activity

may exceed Fifteen Thousand Dollars ($15,000.00) per year if the

municipality purchases items therefrom that are regularly sold to

the general public in the normal course of business and the price

charged to the municipality by the business does not exceed the

price charged to the general public.

C. Provisions of this section shall not apply where competitive

bids were obtained consistent with municipal ordinance or state law

and two or more bids were submitted for the materials, supplies, or

services to be procured by the municipality regardless of the

population restrictions of subsection B of this section, provided

the notice of bids was made public and open to all potential

bidders.

D. All bids, both successful and unsuccessful, and all

contracts and required bonds shall be placed on file and maintained

in the main office of the awarding municipality for a period of five

(5) years from the date of opening of bids or for a period of three

(3) years from the date of completion of the contract, whichever is

longer, shall be open to public inspection and shall be matters of

public record.

E. For purposes of this section, “employee” means any person

who is employed by a municipality more than ten (10) hours in a week

for more than thirteen (13) consecutive weeks and who enters into,

recommends or participates in the decision to enter into any

transaction described in subsection A of this section. Any person

Oklahoma Statutes - Title 11. Cities and Towns Page 45

who receives wages, reimbursement for expenses, or emoluments of any

kind from a municipality, any spouse of the person, or any business

in which the person or spouse has a proprietary interest shall not

buy or otherwise become interested in the transfer of any surplus

property of a municipality or a public trust of which the

municipality is beneficiary unless the surplus property is offered

for sale to the public after notice of the sale is published.

F. For purposes of this section, “proprietary interest” means

ownership of more than twenty-five percent (25%) of the business or

of the stock therein or any percentage which constitutes a

controlling interest but shall not include any interest held by a

blind trust.

G. Any person convicted of violating the provisions of this

section shall be guilty of a misdemeanor. Any transaction entered

into in violation of the provisions of this section is void. Any

member of a governing body who approves any transaction in violation

of the provisions of this section shall be held personally liable

for the amount of the transaction.

H. Notwithstanding the provisions of this section, any officer,

director or employee of a financial institution may serve on a board

of a public body. Provided, the member shall abstain from voting on

any matter relating to a transaction between or involving the

financial institution in which they are associated and the public

body in which they serve.
Okla. Stat. tit. 11, § 11-22-120 — OK Code / Title 11 / Section 11-22-120
Public health, hospitals, quarantine, and environmental
Status: in_force

hazards.

A. The municipal governing body may enact and enforce such

ordinances, rules and regulations as it deems necessary for the

protection of the public health, not inconsistent with state law;

and may establish and regulate hospitals, and provide for their

operation and support. The governing body may make regulations to

prevent the introduction of contagious diseases into the

municipality and may enforce quarantine laws within five (5) miles

of the municipal limits.

B. If the Department of Environmental Quality notifies a

municipality in writing that certain vacant property presents an

extraordinary environmental hazard to public health and safety, the

municipal governing body is authorized to enact special ordinances

restricting occupancy and use of the vacant buildings, vacant

structures or land as necessary to protect against the extraordinary

environmental hazard. This includes, but is not limited to, the

authority to restrict occupancy or use by classes of persons who may

be especially vulnerable to the environmental hazard. The municipal

governing body is further authorized to restrict occupancy or use,

by children or other especially vulnerable classes of persons, of

property in areas or at locations with contamination by lead or

other hazardous substances to such a degree that normal health and

welfare of members of the class are at significant risk.
Okla. Stat. tit. 11, § 11-49-106.5 — OK Code / Title 11 / Section 11-49-106.5
Written election for direct payments - Definitions -
Status: in_force

Rules.

A. A member who is an eligible retired public safety officer

and who wishes to have direct payments made toward the member’s

qualified health insurance premiums from the member’s monthly

disability benefit or monthly pension payment must make a written

election in accordance with Section 402(l) of the Internal Revenue

Code of 1986, as amended, on the form provided by the Oklahoma

Firefighters Pension and Retirement System, as follows:

1. The election must be made after the member separates from

service as a public safety officer with the member’s participating

municipality;

2. The election shall only apply to distributions from the

System after December 31, 2006, and to amounts not yet distributed

to the eligible retired public safety officer;

3. Payments from the system for an eligible retired public

safety officer’s qualified health insurance premiums made directly

Oklahoma Statutes - Title 11. Cities and Towns Page 561

to the provider of such coverage can only be made from the member’s

monthly disability benefit or monthly pension payment from the

System and cannot be made from the Deferred Option Plan; and

4. The aggregate amount of the exclusion from an eligible

retired public safety officer’s gross income is Three Thousand

Dollars ($3,000.00) per calendar year.

B. As used in this section:

1. “Public safety officer” means a member serving a public

agency in an official capacity, with or without compensation, as a

law enforcement officer, firefighter, chaplain, or as a member of a

rescue squad or ambulance crew;

2. “Eligible retired public safety officer” means a member who,

by reason of disability or attainment of normal retirement date or

age, is separated from service as a public safety officer with the

member’s participating municipality; and

3. “Qualified health insurance premiums” are premiums for

coverage for the eligible retired public safety officer, the

eligible retired public safety officer’s spouse, and dependents, as

defined in Section 152 of the Internal Revenue Code of 1986, as

amended, by an accident or health plan or a qualified long-term care

insurance contract, as defined in Section 7702B(b) of the Internal

Revenue Code of 1986, as amended. The health plan does not have to

be sponsored by the eligible retired public safety officer’s former

participating municipality.

C. The Oklahoma Firefighters Pension and Retirement Board may

promulgate such rules or procedures as are necessary to implement

the provisions of this section or to facilitate a member’s election

under Section 402(l) of the Internal Revenue Code of 1986, as

amended.
Okla. Stat. tit. 11, § 11-27-103 — OK Code / Title 11 / Section 11-27-103
Jurisdiction
Status: in_force

The municipal court shall have original jurisdiction to hear and

determine all prosecutions wherein a violation of any ordinance of

the municipality where the court is established is charged.
Okla. Stat. tit. 11, § 11-17-203.1 — OK Code / Title 11 / Section 11-17-203.1
Budget format
Status: in_force

A municipality that opts to prepare its budget pursuant to the

Municipal Budget Act may select a budget format based on funds and

departments or, in the alternative, it may select a format based on

purpose. A purpose-based budget shall be subject to all other

Oklahoma Statutes - Title 11. Cities and Towns Page 119

requirements of the Municipal Budget Act, except those requirements

specifically related to budgeting by fund or as provided in Sections

4 and 5 of this act.
Okla. Stat. tit. 11, § 11-15-102 — OK Code / Title 11 / Section 11-15-102
Procedure for initiative and referendum in
Status: in_force

municipalities.

The procedure in municipalities which do not provide by

ordinance or charter for the manner of exercising the initiative and

referendum powers shall be governed by the Oklahoma Constitution and

general state law, except as otherwise provided in Sections 15-101

through 15-110 of this title. The duties required of the Governor

by state law shall be performed by the mayor; the duties of the

Secretary of State shall be performed by the municipal clerk; and

Oklahoma Statutes - Title 11. Cities and Towns Page 87

the duties of the Attorney General shall be performed by the

attorney for the municipality. The procedure for initiative and

referendum as to municipal legislation shall be as nearly as

practicable the same as those for measures relating to the people of

the state at large.
Okla. Stat. tit. 11, § 11-36-310 — OK Code / Title 11 / Section 11-36-310
Limitation of bondholder actions on street improvement
Status: in_force

bonds.

The right of any holder to enforce the lien of any street

improvement bond or street improvement refunding bond by

foreclosure, mandamus, refunding, or otherwise, shall be barred upon

the expiration of three (3) years after the maturity date named on

the face of such bond, unless the bondholder, prior to the

expiration of the three-year period, shall have:

1. Commenced suit to foreclose his lien by filing an action for

that purpose and procuring service of summons therein; or

2. Evidenced his willingness to accept street improvement

refunding bonds, issued under the provisions of Sections 36-309

through 36-312 of this title, in exchange for the bond.

The running of the three-year period of limitation shall be an

absolute bar to any action or proceeding brought thereafter, whether

the same is plead as a defense or not, and the property against

which the bonds represented a lien shall thereafter be, by operation

of law, absolved of any lien or liability on account of the bonds.
Okla. Stat. tit. 11, § 11-27-118 — OK Code / Title 11 / Section 11-27-118
Failure to appear according to terms of bond -
Status: in_force

Forfeiture.

A. If, without sufficient excuse, a defendant fails to appear

according to the terms or conditions of a bond, given by a bail

bondsman as defined in Section 1301 of Title 59 of the Oklahoma

Statutes, either for hearing, arraignment, trial, or judgment, or

upon any other occasion when the presence of the defendant in court

or before the judge may be lawfully required:

1. The court shall perform the procedures set forth in Section

1332 of Title 59 of the Oklahoma Statutes whereby the municipal

court clerk shall issue the required notices; or

2. a. The municipal judge shall issue an order declaring the

bond to be forfeited on the day the defendant failed

to appear and stating the reasons therefor, and

b. Within five (5) days of the order of forfeiture, the

municipal court clerk shall file a certified copy of

the order with the district court in the county where

the municipal government is located. The district

court clerk shall treat the certified order of

forfeiture as a foreign judgment and proceed in

accordance with the provisions of Section 1332 of

Title 59 of the Oklahoma Statutes. A surety shall

have all remedies available under the provisions of

Section 1108 of Title 22 and Sections 1301 through

1340 of Title 59 of the Oklahoma Statutes.

B. Court costs shall be collectible from the proceeds of a

forfeited bond.
Okla. Stat. tit. 11, § 11-43-109.3 — OK Code / Title 11 / Section 11-43-109.3
Limits on municipal regulations for single-family
Status: in_force

residential building design elements – Rights of private parties.

A. Beginning on and after the effective date of this act, a

municipality, city or town shall not adopt or impose new single-

family residential building design elements or implement new

policies that have the effect of creating new single-family

residential building design element regulations, unless:

1. The residential building structure is:

a. located in an area formally designated and declared as

a state or local historic district under applicable

law,

b. designated as a local, state or national historic

landmark,

c. located on a property that is governed by a regulation

created by any valid negotiated zoning ordinance which

serves to indicate mutual consent between property

owners and a municipality, city or town, which

includes but is not limited to a Planned Unit

Development,

d. located on a property that is governed by the

application of a municipal, city, or town policy,

regulation or ordinance affecting the public safety of

residential building design elements and such policy,

Oklahoma Statutes - Title 11. Cities and Towns Page 478

regulation or ordinance was duly and properly adopted

by the applicable governing body in accordance with

applicable law,

e. located on a property that is governed by a policy or

regulation as set forth within a duly adopted tax

increment finance district or a business improvement

district,

f. located on a property that is governed by a policy or

regulation of an overlay or a special purpose zoning

district that is adopted pursuant to applicable law,

or

g. located in an existing neighborhood designated as a

blighted area or redevelopment district; or

2. The regulations are:

a. directly and substantially related to life safety or

building safety, or

b. applied to manufactured housing in a manner consistent

with applicable state or federal law, or

c. adopted as a condition for participation in the

National Flood Insurance Program.

B. As used in this section:

1. "Residential building design elements" means:

a. type or style of exterior cladding or finish

materials,

b. style or materials of roof structures, roof pitches or

porches,

c. exterior nonstructural architectural ornamentation,

d. location, design, placement or architectural styling

of windows and doors including garage doors and garage

structures,

e. the number and types of rooms,

f. the interior layout of rooms, and

g. the minimum square footage of a structure; and

2. "Residential building design elements" does not include:

a. the height, bulk, orientation or location of a

structure on a lot, or

b. buffering or screening elements located at the

perimeter of the property that are used to:

(1) minimize visual impacts,

(2) mitigate the impacts of light and noise, or

(3) protect the privacy of neighbors.

C. This section does not prohibit or diminish the rights of

private parties to enact regulations as created by valid private

covenants or other contractual agreements among property owners

relating to residential building design elements including

restrictive covenants and declarations such as those maintained by

owners' associations in real estate developments as created under

Oklahoma Statutes - Title 11. Cities and Towns Page 479

Section 851 et seq. of Title 60 of the Oklahoma Statutes or under

Section 501 et seq. of Title 60 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-39-106 — OK Code / Title 11 / Section 11-39-106
Petitions - Preliminary plans and estimates of cost -
Status: in_force

Resolutions.

A. For area within the boundary of a city, a petition shall be

filed with the city clerk. The petition shall state in bold,

capitalized letters at the top of the page that the cost of the

proposed improvements shall be assessed against the property

benefited by the improvements. In addition, the petition shall be

in a format which:

1. Sets forth:

a. the general nature of the improvements to be made,

b. the estimated or probable cost of the proposal,

c. the area of the proposed district to be assessed,

d. the proposed method of assessment, and

e. the proposed apportionment of cost, if any, between

the district and the city at large; and

2. Is signed by:

a. a majority of the resident owners of record of

property liable for assessment under the proposal, or

b. the resident owners of record of more than one-half

(1/2) of the area liable for assessment under the

proposal, or

c. the owners of record of more than one-half (1/2) of

the area liable to be assessed under the proposal.

B. For area outside the boundary of a city, a petition shall be

filed with the city clerk which:

1. Sets forth:

a. the general nature of the improvements to be made,

b. the estimated or probable cost of the proposal,

c. the area of the proposed district to be assessed,

d. the proposed method of assessment,

e. the proposed apportionment of cost, if any, between

the district and the city at large; and

2. Is signed by:

a. a majority of the resident owners of record of

property liable for assessment under the proposal, and

b. the owners of record of more than one-half (1/2) of

the area liable for assessment under the proposal; and

3. States the area is contiguous to, but not within, the

boundary of the city.

C. Whenever the governing body, either upon its own initiative

or in response to a petition, determines that the creation of the

district is necessary, it may by resolution direct the engineer to

prepare preliminary plans and an estimate of cost for the proposed

district. The resolution shall:

Oklahoma Statutes - Title 11. Cities and Towns Page 435

1. Describe in general terms the property to be included in the

district;

2. Require the engineer to prepare:

a. an assessment plat showing the area to be included in

the improvement district, and

b. an addendum to the assessment plat showing the amount

of maximum benefit estimated to be assessed against

each tract or parcel in the district on a front-foot,

zone, area or other equitable basis, which basis shall

be set forth in the resolution; and

3. Require the engineer to prepare preliminary plans for one or

more types of improvement showing:

a. for each type of curb, gutter, sidewalk and street, a

typical section of the contemplated improvement, the

type of material to be used and the approximate

thickness and width of the material,

b. for each type of storm sewer or drain, sanitary sewer

or water line, the type of material and approximate

diameter or diameters of any trunk lines, mains,

laterals or house connections, or

c. for each other type of improvement or other major

component of the foregoing types of improvements, a

general description.

D. The engineer shall include in the total cost estimate for

the district all expenses including but not limited to advertising,

legal, appraising, engineering and printing expenses which the

engineer deems necessary to pay the complete cost of the

improvement.

E. The engineer shall submit to the city clerk the:

1. Assessment plat;

2. Preliminary plans of the type of construction; and

3. Estimate of costs for the improvement.

F. After the governing body examines the assessment plat,

preliminary plans and estimates of cost for the district, the

governing body may adopt a resolution which:

1. Proposes that the district be created and the improvement be

constructed; and

2. Instructs the city clerk or engineer to give notice of a

hearing on the proposed district.
Okla. Stat. tit. 11, § 11-6-104 — OK Code / Title 11 / Section 11-6-104
Property and obligations after consolidation
Status: in_force

All real and personal property belonging to each municipality so

consolidated, and all its notes, bonds, obligations, accounts,

demands, evidences of debt, rights and franchises, books, records,

maps and plats shall become the property of the consolidated

municipal corporation. Each municipality as it existed before

consolidation shall remain liable for all its obligations and

outstanding indebtedness which are due or become due on the day of

the election on consolidation, and the property within such

municipality shall be assessed to pay the obligations and

indebtedness in the same manner as if a consolidation had not taken

place. In no event shall the consolidated municipal corporation be

liable for obligations existing before consolidation unless

expressly provided for by the terms and conditions of consolidation.
Okla. Stat. tit. 11, § 11-50-105.4 — OK Code / Title 11 / Section 11-50-105.4
Duties of Board - Investments - Liability insurance -
Status: in_force

Investment managers - Custodial services - Reports.

A. The Oklahoma Police Pension and Retirement Board shall

discharge their duties with respect to the System solely in the

interest of the participants and beneficiaries and:

1. For the exclusive purpose of:

a. providing benefits to participants and their

beneficiaries, and

Oklahoma Statutes - Title 11. Cities and Towns Page 621

b. defraying reasonable expenses of administering the

System;

2. With the care, skill, prudence, and diligence under the

circumstances then prevailing that a prudent person acting in a like

capacity and familiar with such matters would use in the conduct of

an enterprise of a like character and with like aims;

3. By diversifying the investments of the System so as to

minimize the risk of large losses, unless under the circumstances it

is clearly prudent not to do so; and

4. In accordance with the laws, documents and instruments

governing the System.

B. The State Board may procure insurance indemnifying the

members of the State Board from personal loss or accountability from

liability resulting from a member’s action or inaction as a member

of the State Board.

C. The State Board may establish an investment committee. The

investment committee shall be composed of not more than five (5)

members of the State Board appointed by the chairman of the State

Board. The committee shall make recommendations to the full State

Board on all matters related to the choice of custodians and

managers of the assets of the System, on the establishment of

investment and fund management guidelines, and in planning future

investment policy. The committee shall have no authority to act on

behalf of the State Board in any circumstances whatsoever. No

recommendation of the committee shall have effect as an action of

the State Board nor take effect without the approval of the State

Board as provided by law.

D. The State Board shall retain qualified investment managers

to provide for the investment of the monies of the System. The

investment managers shall be chosen by a solicitation of proposals

on a competitive bid basis pursuant to standards set by the State

Board unless the State Board deems it necessary and prudent to do

otherwise to fulfill its fiduciary responsibility. Subject to the

overall investment guidelines set by the State Board, the investment

managers shall have full discretion in the management of those

monies of the System allocated to the investment managers. The

State Board shall manage those monies not specifically allocated to

the investment managers. The monies of the System allocated to the

investment managers shall be actively managed by the investment

managers, which may include selling investments and realizing losses

if such action is considered advantageous to longer term return

maximization. Because of the total return objective, no distinction

shall be made for management and performance evaluation purposes

between realized and unrealized capital gains and losses.

E. Funds and revenues for investment by the investment managers

or the State Board shall be placed with a custodian selected by the

State Board. The custodian shall be a bank or trust company

Oklahoma Statutes - Title 11. Cities and Towns Page 622

offering pension fund master trustee and master custodial services

and any related custodial agreement or trust agreement is

incorporated herein by reference. The custodian shall be chosen by

a solicitation of proposals on a competitive basis pursuant to

standards set by the State Board. In compliance with the investment

policy guidelines of the State Board, the custodian bank or trust

company shall be contractually responsible for ensuring that all

monies of the System are invested in income-producing investment

vehicles at all times. If a custodian bank or trust company has not

received direction from the investment managers of the System as to

the investment of the monies of the System in specific investment

vehicles, the custodian bank or trust company shall be contractually

responsible to the State Board for investing the monies in

appropriately collateralized short-term interest-bearing investment

vehicles. Any assets of the System may be invested in a collective

investment fund or in a group trust that satisfies the requirements

of Rev. Rul. 81-100, as further amended by Rev. Rul. 2004-67, Rev.

Rul. 2008-40, and Rev. Rul. 2011-1, and as subsequently amended by

future guidance. Each such collective investment fund or group

trust is adopted, with respect to any monies invested therein, as

part of the System, its trust, and custodial account and each such

declaration of trust or trust agreement and related adoption,

participation, investment management, subtrust or other agreements,

as amended from time to time, with respect to any monies invested

therein, are incorporated by reference into the System, its trust

agreement(s) or custodial agreement(s), upon approval by the State

Board.

F. By November 1, 1988, and prior to August 1 of each year

thereafter, the State Board shall develop a written investment plan

for the System.

G. After July 1 and before November 1 of each year, the State

Board shall publish widely an annual report presented in simple and

easily understood language pursuant to uniform reporting standards

prescribed by the Oklahoma State Pension Commission for all state

retirement systems. The report shall be submitted to the Governor,

the Speaker of the House of Representatives, the President Pro

Tempore of the Senate, the Oklahoma State Pension Commission and the

members of the System. The annual report shall cover the operation

of the System during the past fiscal year, including income,

disbursements, and the financial condition of the System at the end

of the fiscal year. The annual report shall also contain a summary

of the results of the most recent actuarial valuation to include

total assets, total liabilities, unfunded liability or over funded

status, contributions and any other information deemed relevant by

the State Board. The annual report shall be written in such a

manner as to permit a readily understandable means for analyzing the

Oklahoma Statutes - Title 11. Cities and Towns Page 623

financial condition and performances of the System for the fiscal

year.

H. The State Board shall adopt a cost of living adjustment

actuarial assumption in its annual actuarial valuation report.
Okla. Stat. tit. 11, § 11-44-106 — OK Code / Title 11 / Section 11-44-106
Special exceptions
Status: in_force

The municipal governing body may authorize the board of

adjustment to make special exceptions to specific uses allowed

within each zoning category according to the zoning ordinance in

appropriate cases and subject to appropriate conditions and

safeguards in harmony with its general purpose and intent and only

in accordance with general or specific provisions contained in the

zoning ordinance.
Okla. Stat. tit. 11, § 11-42-103 — OK Code / Title 11 / Section 11-42-103
Notice of application to court for vacation - Right to
Status: in_force

resist.

A. In addition to any other requirements for notice provided by

this section, notice of hearing shall be given to the public by one

publication in some newspaper of general circulation in the

municipality where the land is located. If there is no newspaper

published in such municipality where the land is located, the

publication may be in some newspaper of general circulation in the

county where the land is located. Such notice shall be published at

Oklahoma Statutes - Title 11. Cities and Towns Page 461

least thirty (30) days prior to the time when the application has

been set for hearing by the court.

B. The court shall set a date for hearing on an application for

vacation, not less than thirty-five (35) days nor more than sixty

(60) days after the filing of the application. Notice of the

hearing, with a copy of the application attached thereto, shall be

served at least thirty (30) days prior to the date set for said

hearing in the same manner as is provided for service of process in

civil actions on:

1. The governing body of the municipality if the tract, street,

alley, easement or portion thereof is inside the municipal limits;

2. The board of county commissioners; and

3. Any holder of a franchise and others having a special right

or privilege granted by ordinance or legislative enactment to use

the platted tract or portion thereof or street, alley, easement or

portion thereof sought to be vacated.

C. Notice of the hearing shall be mailed by first class mail at

least thirty (30) days prior to the date set for said hearing to:

1. All owners of land, as shown by the current year's tax rolls in

the office of the county treasurer, within three hundred (300) feet

of the tract, street, alley, easement or portion thereof sought to

be vacated; and

2. All persons, firms or corporations, not otherwise required

to be notified, that are known by the applicant to claim an interest

or right in the tract, street, alley, easement or portion thereof

sought to be vacated.

Attached to any application shall be the certificate of a bonded

abstractor listing the names and mailing addresses, as reflected by

the current year's tax rolls in the office of the county treasurer,

of all persons required to be notified herein.

D. The municipality, county, and any holder of a franchise or

other special right or privilege, or any owner of any land required

by this section to be notified, may appear and oppose and resist the

application if such party has filed, at least five (5) days prior to

the date set for said hearing, a verified answer showing the grounds

therefor. A copy of the answer shall be mailed to the applicant or

applicants the date the answer is filed.
Okla. Stat. tit. 11, § 11-36-102 — OK Code / Title 11 / Section 11-36-102
Resurfacing streets - Procedures and payment of cost
Status: in_force

Regardless of the type or character of the existing surface, the

municipal governing body may resurface, with such material or

materials as the governing body deems proper, any street, avenue,

boulevard, lane, or alley, or any part or parts thereof, within the

municipality, which has heretofore been paved, macadamized, black-

topped, chatted, graveled, or otherwise improved. The municipality

Oklahoma Statutes - Title 11. Cities and Towns Page 316

may pay, or provide for payment of, the cost of the resurfacing in

any manner or by any procedure provided by statute for the paving,

macadamizing, black-topping, chatting, graveling, or otherwise

permanently improving streets, avenues, lanes, and alleys in

municipalities. The governing body, in its discretion, may also

provide for the payment of any portion of the cost of the

resurfacing from the street and alley fund of the municipality; from

revenue from parking meters; or from any funds derived from leasing

or other uses of streets and alleys, or other funds available for

the maintenance and repair of such streets, avenues, boulevards,

lanes or alleys. In addition to using any of the above-mentioned

funds, the municipal governing body may also provide for the

apportionment and assessment of the balance of the cost of

resurfacing against the real property benefited thereby, in the

manner provided by statute for the apportionment and assessment of

the cost of permanent street improvements against property benefited

thereby.
Okla. Stat. tit. 11, § 11-11-106 — OK Code / Title 11 / Section 11-11-106
Mayor - Duties as chief executive officer
Status: in_force

The mayor shall be chief executive officer and head of the

administrative branch of the city government. He shall execute the

laws and ordinances, and administer the government of the city. He

shall be recognized as the head of the city government for all

Oklahoma Statutes - Title 11. Cities and Towns Page 60

ceremonial purposes and by the Governor for purposes of military

law. He shall:

1. Appoint, and when necessary for the good of the service,

remove, demote, lay off, or suspend all heads or directors of

administrative departments and all other administrative officers and

employees of the city in the manner provided by law. The mayor or

the council by ordinance may authorize the head of a department,

office or agency to appoint and remove subordinates in such

department, office or agency;

2. Supervise and control, directly or indirectly, all

administrative departments, agencies, officers and employees;

3. Prepare a budget annually and submit it to the council and

be responsible for the administration of the budget after it goes

into effect; and recommend to the council any changes in the budget

which he deems desirable;

4. Submit to the council a report after the end of the fiscal

year on the finances and administrative activities of the city for

the preceding year;

5. Keep the council advised of the financial condition and

future needs of the city, and make such recommendations as he deems

desirable;

6. Grant pardons for violations of city ordinances, including

the remission of fines and costs, upon the recommendation of the

municipal judge; and

7. Have such other powers, duties and functions as may be

prescribed by law or by ordinance.
Okla. Stat. tit. 11, § 11-41-110 — OK Code / Title 11 / Section 11-41-110
Lands already laid out under prior law
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 457

When a municipality, addition or subdivision has been laid out

and lots sold, and a plat or map of the land has not been

acknowledged and recorded in conformity with laws heretofore in

force, then the county commissioners or a majority of them in the

county where the land is situated, or the owner who has laid out the

land, or his legal representatives, shall prepare the plat or map

and have it acknowledged and recorded in the proper county, in the

form and manner required by Sections 41-104 through 41-108 of this

title. The plat or map shall particularly describe the donation of

lands or otherwise to individual societies, bodies politic, or for

common or public purposes. The plat or map shall conform with the

requirements of current law, except that if the lots have been

numbered differently and sales made, and they cannot be easily

renumbered to conform with the law, then the lots shall be returned

as originally stated.
Okla. Stat. tit. 11, § 11-22-151 — OK Code / Title 11 / Section 11-22-151
Purpose and construction of act
Status: in_force

The Oklahoma Municipal Utility Revenue Bond Act shall serve to

implement and execute Section 27B of Article X of the Oklahoma

Constitution, and nothing in the Oklahoma Municipal Utility Revenue

Bond Act shall be construed in a manner contrary to or inconsistent

with the provisions of said constitutional provision.
Okla. Stat. tit. 11, § 11-26-207 — OK Code / Title 11 / Section 11-26-207
Payment of trustee's expenses
Status: in_force

The trustee of a perpetual care fund shall not be entitled to

receive any compensation for services rendered, but may, out of the

income received, pay all proper items of expense incurred in the

performance of his duties, including cost of bond, if any.
Okla. Stat. tit. 11, § 11-36-107 — OK Code / Title 11 / Section 11-36-107
Encroachments and obstructions in streets
Status: in_force

The governing body may prohibit and prevent all encroachments

into and upon the sidewalks, streets, avenues, alleys and other

property of the municipality, and may provide for the removal of all

obstructions from the sidewalks, curbstones, gutters and crosswalks,

at the expense of the owner or occupier of the grounds fronting

thereon, or at the expense of the person placing the encroachment

there. The governing body may also regulate the planting and

protection of shade trees in streets, the building of bulkheads,

cellar and basement ways, stairways, railways, windows and doorways,

awnings, lamp posts, awning posts, and all other structures

projecting upon or over and adjoining, and all other excavations

through and under the sidewalks, or along any streets of the

municipality.
Okla. Stat. tit. 11, § 11-16-207 — OK Code / Title 11 / Section 11-16-207
Aldermanic cities and towns - Appointment of certain
Status: in_force

officials after submission to vote.

A. The city council of any city may provide by ordinance for

the submission to a vote of the registered voters of the city the

question of providing for the appointment by the mayor, with the

approval of the council, of the city marshal, the street

commissioner, the city clerk, the city treasurer, or the city clerk-

treasurer.

B. The board of trustees of any town may provide by ordinance

for the submission to a vote of the registered voters of the town

the question of providing for the appointment by the board of

trustees of the town clerk, the town treasurer or the town clerk-

treasurer.

C. The question of appointing each official shall be submitted

separately on the ballot. The question providing for the

appointment of the clerk or the treasurer may be consolidated into

one question provided the two offices are to be consolidated into

the office of clerk-treasurer. The question providing for the

appointment of any official shall read substantially as follows:

Shall the (Marshal, Street Commissioner, Clerk, Treasurer,

Clerk-Treasurer) be appointed by the (mayor, with the approval of

the council, board of trustees)?

( ) Yes.

( ) No.

If a majority of the votes cast are in favor of appointment to the

office, the appointive position shall take effect at the end of the

current term of the office. In cities, the appointive officer shall

be appointed and may be removed by the mayor, with the approval of

the council. In towns, the appointment and removal shall be by a

majority vote of all the members of the board of trustees.
Okla. Stat. tit. 11, § 11-29-107 — OK Code / Title 11 / Section 11-29-107
Firefighters working outside limits - Compensation -
Status: in_force

Pension fund.

All municipal firefighters, full paid or volunteer, attending

and serving at fires or doing fire prevention work or rescue,

resuscitation, first aid, inspection or any other official work

outside the corporate limits of a municipality as provided in

Sections 29-105 through 29-108 of this title shall be considered as

serving in their regular line of duty as full as if they were

serving within the corporate limits of their own municipality; but

fuel paid firefighters shall receive no additional compensation, and

volunteer firefighters shall receive only such compensation as may

be provided for by ordinance or resolution for such cases. All such

firefighters shall be entitled to all the benefits of any pension

fund, firemen's relief and pension fund in the same manner as if the

fire fighting or fire prevention work or rescue, resuscitation,

first aid, inspection or any other official work has been within the

corporate limits of the municipality.
Okla. Stat. tit. 11, § 11-32-105 — OK Code / Title 11 / Section 11-32-105
Establishing parking station improvement district -
Status: in_force

Restrictions on cost.

A municipal governing body may make or cause to be made

municipal parking facilities or improvements thereon which confer a

special benefit upon property within a definable area of the

municipality and may levy and collect special assessments upon

property in the area deemed by the governing body to be benefited by

the improvement. The improvement district shall be established by

the adoption of a resolution of the governing body. In the

resolution, the governing body shall:

1. Fix the percentage of cost of acquiring and improving lands

for parking stations which is to be assessed against the improvement

district; and

2. Direct and order a public hearing on the advisability of the

improvement, as provided in Section 32-107 of this title.

The municipality may pay such portion of the cost of the improvement

as the governing body may determine, but not more than fifty percent

(50%) of the total cost thereof.
Okla. Stat. tit. 11, § 11-37-114 — OK Code / Title 11 / Section 11-37-114
Punishment for injuries to reservoir fences
Status: in_force

It shall be unlawful for any person to cut, damage or otherwise

interfere with any fence enclosing any reservoir or other site which

supplies any municipality with water. Such unlawful injuries to

reservoir fences shall constitute a misdemeanor, and any person

found violating the provisions of this section, upon conviction

thereof, shall be punished by a fine of not less than Fifty Dollars

($50.00) or by imprisonment in the county jail for not less than

thirty (30) days, or by both such fine and imprisonment.
Okla. Stat. tit. 11, § 11-31-102 — OK Code / Title 11 / Section 11-31-102
Library board of directors
Status: in_force

The municipal governing body may, in its discretion and by

ordinance, place the management and control of the public library

under a library board of directors. The library board shall consist

of at least five but not more than nine directors, chosen by the

municipal governing body with reference to their fitness for such

office. No director shall receive compensation as such. Directors

appointed to the library board shall hold office for a term of three

(3) years from the first day of May following their appointment, and

their terms shall be staggered. The municipal governing body may

remove any director for misconduct or neglect of duty. Vacancies in

the library board of directors shall be filled in the same manner as

original appointments.
Okla. Stat. tit. 11, § 11-38-113 — OK Code / Title 11 / Section 11-38-113
Acquisition of property other than by means of eminent
Status: in_force

domain - Payment of taxes - Excess property.

Whenever the municipal governing body shall have determined by

resolution that an area within the municipality is appropriate for

an urban renewal project, then, regardless of whether or not an

urban renewal plan for such area has been approved under the

provisions of this article, the municipality or the Urban Renewal

Authority within the municipality may acquire real property at any

time within such area by means other than the exercise of the power

of eminent domain. In order to qualify for financial assistance

from the Federal Government in making such acquisition, and

regardless of any other provisions of the laws of the State of

Oklahoma, the municipal governing body may assume the responsibility

to the Federal Government to bear any loss that may arise as a

result of such acquisition in the event the property so acquired is

not used for urban renewal purposes because an urban renewal plan

for the project area is not approved, or is amended to omit any of

the acquired property, or is abandoned for any reason. It is

further provided that in the event of an advance acquisition of any

improved property as herein provided the Urban Renewal Authority or

governing body, as the case may be, acquiring the property shall be

responsible for and pay any accruing ad valorem taxes becoming due

or owing until such time as the property is incorporated in an

approved urban renewal plan or converted to another public use. Any

property so acquired shall be subject to all other provisions of

this article the same as property otherwise acquired, except that in

the event the property so acquired is not used for urban renewal

purposes because an urban renewal plan for the project area is not

approved, or is amended to omit any of the acquired property, or is

abandoned for any reason, the property may be disposed of under such

reasonable competitive bidding procedures as the municipal governing

body shall prescribe, or such property may be converted to any other

public use.
Okla. Stat. tit. 11, § 11-49-100.2 — OK Code / Title 11 / Section 11-49-100.2
Firefighters Pension and Retirement System - Creation
Status: in_force

- Powers and duties.

There is created the Oklahoma Firefighters Pension and

Retirement System which shall be a body corporate and an

instrumentality of this state. The System shall be vested with the

powers and duties specified in this article and such other powers as

may be necessary to enable it and its officers and employees to

carry out fully and effectively the purposes and intent of this

article. All assets of the System shall be held in trust for the

exclusive purpose of providing benefits for the members and

beneficiaries of the System or defraying reasonable expenses of

administering the System, and shall not be encumbered for or

diverted to any other purpose or purposes. This System shall be the

responsibility of the state and not that of the participating

municipalities. The System is a qualified governmental retirement

plan under Sections 401(a) and 414(d) of the Internal Revenue Code

of 1986, as amended (26 U.S.C.A. §§ 401, 414) and Section 3(32) of

the Employee Retirement Income Security Act of 1974 (29 U.S.C.A.

§1002(32)). The Board shall administer the System in order to

comply with the applicable provisions of the Internal Revenue Code

of 1986, as amended.
Okla. Stat. tit. 11, § 11-22-110.1 — OK Code / Title 11 / Section 11-22-110.1
Registration of real property prohibited
Status: in_force

A. For purposes of promoting commerce and the equitable

treatment of the citizens of this state, the registration of any

real property by any municipality is declared to be a statewide

concern and shall be prohibited pursuant to subsection B of this

section.

B. No municipality shall enact or attempt to enforce through

fees, civil fines or criminal penalties any ordinance, rule or

regulation to require the registration of real property. Any

ordinance, rule or regulation contrary to the provisions of this

section, whether enacted prior to or after August 22, 2014, is

declared null and void and unenforceable against every owner,

purchaser, assignee, lessee, mortgagee or beneficiary of any

interest in the real property.

C. Nothing in this section shall prohibit a municipality from

creating a list of the property owners or the designees of property

owners of residential, commercial or leased real property to ensure

the public safety and welfare of its citizens.

Additionally, for the purpose of addressing public nuisances,

dilapidated properties or other unlawful conduct in accordance with

their general police powers, municipal governments may require:

1. Contact information of persons or entities responsible for

emergency contracts and property maintenance for property outlined

in this subsection; or

2. The name of a person or entity authorized to receive notice

and service of process for property outlined in this subsection,

along with their contact information.

Municipal governments shall not collect a fee to administer the

collection of information authorized in this section.

D. Nothing in this section shall prohibit a municipality from

enacting and enforcing rules and regulations to require real

Oklahoma Statutes - Title 11. Cities and Towns Page 159

property owners to comply with the provisions of this section and

established occupancy standards as set forth by ordinance and state

law.

E. Nothing in this section shall prohibit a municipality from

requiring the owner of property that is the subject of any abatement

process provided in this title to provide the name, physical address

and telephone number of an individual to receive and respond to

communications concerning the property subject to the abatement

process. No future action taken by the municipality shall be

rendered ineffective due to the failure of the property owner to

provide the information pursuant to this subsection. The

municipality shall not assess any additional charge when requiring

the information.

F. Information obtained by the municipal government under this

section shall be confidential and not subject to disclosure under

the Open Records Act.
Okla. Stat. tit. 11, § 11-22-121 — OK Code / Title 11 / Section 11-22-121
Nuisances
Status: in_force

The municipal governing body may declare what shall constitute a

nuisance, and provide for the prevention, removal and abatement of

nuisances.
Okla. Stat. tit. 11, § 11-29-153 — OK Code / Title 11 / Section 11-29-153
Included territory – Management and budgetary
Status: in_force

authority.

A. A public safety protection district shall include all

territory located within the municipality.

B. Management of the public safety protection district, as well

as management of any employee hired from district funds, shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 273

vested within the existing administration of the municipal

government that created the district.

C. Budgetary oversight shall be vested within the existing

legislative body of the municipal government that created the

district.
Okla. Stat. tit. 11, § 11-4-105 — OK Code / Title 11 / Section 11-4-105
Canvassing returns - Certification of results - Order of
Status: in_force

incorporation.

The county election board shall canvass the returns of the

election. Within five (5) days after the canvass of the returns of

the election, the secretary of the county election board shall

certify to the board of county commissioners the results of the

election. If a majority of the votes cast are in favor of

incororation as a city under the designated statutory form, the

board of commissioners shall, within twenty (20) days after

receiving the results of the vote, issue an order declaring that the

city has been incorporated under the designated statutory form of

city government and naming the date for the election of city

officers. The city shall, from the date of the commissioners'

order, be deemed a body corporate and an incorporated city.
Okla. Stat. tit. 11, § 11-36-208 — OK Code / Title 11 / Section 11-36-208
Resolution ordering improvement - Detailed plans, etc
Status: in_force

- Contractor's bonds.

A. After the expiration of the time for filing protests against

the proposed improvement, or if insufficient protests have been

filed, the municipal governing body shall adopt a resolution

declaring that no protests have been filed, or if protests have been

filed, that the protests were insufficient, and expressing the

determination of the governing body to proceed with the improvement.

The resolution shall require the engineer to forthwith submit and

file detailed plans, profiles, specifications and estimates of

probable cost.

B. After the engineer has filed the detailed plans and

estimates, the governing body shall examine them and, if found

satisfactory, shall adopt and approve them by resolution, and order

the improvement. The resolution ordering the improvement shall be

adopted not later than one (1) year after the adoption of the

resolution of necessity or after the filing of a petition by

property owners for street improvements. The resolution shall:

1. State that the improvement will be constructed in accordance

with the final detailed plans, specifications and profiles of the

engineer;

2. Set forth the material to be used;

Oklahoma Statutes - Title 11. Cities and Towns Page 329

3. Set forth any reasonable terms and conditions that the

governing body shall deem proper to impose with reference to the

letting of the contract and the provisions thereof;

4. Require the contractor to execute to the municipality a good

and sufficient bond, in the amount stated in the resolution,

conditioned for the full and faithful execution of the work and the

performance of the contract for the protection of the municipality

and all property owners interested, against any loss or damage by

reason of the negligence of the contractor, or improper execution of

the work, or for the use of inferior material;

5. Require the contractor to execute a bond, in the amount

stated in the resolution, for the maintenance of the improvements

against any failure due to defective workmanship or materials for a

period of not less than three (3) years from the time of its

completion and acceptance. Such maintenance bond shall not be

required where the street improvements consist in chatting or

graveling;

6. Require the execution of a good and sufficient bond for

payment of labor and material in accordance with applicable state

law; and

7. Direct the municipal clerk, after the filing of the final

plans, profiles, specifications and estimates, to advertise for

sealed proposals for furnishing the materials and performing the

work necessary in making the improvement.
Okla. Stat. tit. 11, § 11-13-103 — OK Code / Title 11 / Section 11-13-103
Election on question and board of freeholders
Status: in_force

The election on the question and board of freeholders shall be

held at a general or special election to be held in the municipality

within thirty (30) days after the order calling for the election.

Notice of the election shall be given in the manner required for

municipal elections. The question submitted to the registered

voters of the municipality shall be substantially in the following

form:

Shall the _____ (City or Town) of _______ frame a charter for

its own government?

( ) Yes.

( ) No.

The board of freeholders, which is to be voted on in the same

election, shall consist of two qualified electors from each ward in

the municipality. The freeholders shall be elected by the

registered voters of the respective wards. The two candidates

receiving the highest number of votes in each ward shall be elected

as members of the board of freeholders. The ballot shall be

substantially in the following form:

For Freeholder from Ward One

(Vote for Two)

________Name of candidate for freeholder

_________Name of candidate for freeholder.
Okla. Stat. tit. 11, § 11-50-105.5 — OK Code / Title 11 / Section 11-50-105.5
Duties of fiduciaries
Status: in_force

A. A fiduciary with respect to the Oklahoma Police Pension and

Retirement System shall not cause the System to engage in a

transaction if the fiduciary knows or should know that such

transaction constitutes a direct or indirect:

1. sale or exchange, or leasing of any property from the System

to a party in interest for less than adequate consideration or from

a party in interest to the System for more than adequate

consideration;

2. lending of money or other extension of credit from the

System to a party in interest without the receipt of adequate

security and a reasonable rate of interest, or from a party in

interest to the System with provision of excessive security or an

unreasonably high rate of interest;

3. furnishing of goods, services or facilities from the System

to a party in interest for less than adequate consideration, or from

a party in interest to the System for more than adequate

consideration; or

4. transfer to, or use by or for the benefit of, a party in

interest of any assets of the System for less than adequate

consideration.

B. A fiduciary with respect to the Oklahoma Police Pension and

Retirement System shall not:

1. deal with the assets of the System in the fiduciary's own

interest or for the fiduciary's own account;

2. in the fiduciary's individual or any other capacity act in

any transaction involving the System on behalf of a party whose

interests are adverse to the interests of the System or the

interests of its participants or beneficiaries; or

3. receive any consideration for the fiduciary's own personal

account from any party dealing with the System in connection with a

transaction involving the assets of the System.

C. A fiduciary with respect to the Oklahoma Police Pension and

Retirement System may:

1. invest all or part of the assets of the System in deposits

which bear a reasonable interest rate in a bank or similar financial

Oklahoma Statutes - Title 11. Cities and Towns Page 624

institution supervised by the United States or a state, if such bank

or other institution is a fiduciary of such plan; or

2. provide any ancillary service by a bank or similar financial

institution supervised by the United States or a state, if such bank

or other institution is a fiduciary of such plan.

D. A person or a financial institution is a fiduciary with

respect to the Oklahoma Police Pension and Retirement System to the

extent that the person or the financial institution:

1. exercises any discretionary authority or discretionary

control respecting management of the Oklahoma Police Pension and

Retirement System or exercises any authority or control respecting

management or disposition of the assets of the System;

2. renders investment advice for a fee or other compensation,

direct or indirect, with respect to any monies or other property of

the System, or has any authority or responsibility to do so; or

3. has any discretionary authority or discretionary

responsibility in the administration of the System.
Okla. Stat. tit. 11, § 11-17-110 — OK Code / Title 11 / Section 11-17-110
Capital improvements - Definitions
Status: in_force

For the purpose of creating a capital improvement fund and

expending money therefrom, capital improvement shall mean all items

and articles, either new or replacements, not consumed with use but

only diminished in value with prolonged use, including but not

limited to roads and streets, drainage improvements, water and

sewerage improvements, machinery, equipment, furniture and fixtures,

all real property, all construction or reconstruction of buildings,

appurtenances and improvements to real property, the cost and

expenses related thereto of rights-of-way or other real property,

engineering, architectural or legal fees, and payment for

improvements for which subsequent reimbursement is made to the

capital improvement fund.
Okla. Stat. tit. 11, § 11-25-101 — OK Code / Title 11 / Section 11-25-101
Oklahoma Municipal Energy Independence Act
Status: in_force

This act shall be known and may be cited as the “Oklahoma

Municipal Energy Independence Act”.
Okla. Stat. tit. 11, § 11-34-105 — OK Code / Title 11 / Section 11-34-105
Management and operation of jail facilities by
Status: in_force

Department of Corrections or private prison contractor.

A. The governing body of any city or town is authorized to

enter into professional services contracts with the State Department

of Corrections for the housing of state prisoners in any facility

approved by the State Department of Corrections or private

contractors for the management and operation of any jail owned by

the city or town or for the incarceration of inmates in facilities

owned and operated by the city or town. Such services shall meet any

standards prescribed and established for jails in this state,

including but not limited to standards concerning internal and

perimeter security, discipline of inmates, employment of inmates,

and proper food, clothing, housing, and medical care. Contracting

procedures shall be pursuant to municipal ordinances. Said

contracts shall be entered into for a period not to exceed fifty

(50) years, subject to annual appropriation by the governing body of

the city or town. Said contracts shall be valid for a fiscal year

only if the governing body of the city or town provides an

appropriation for the contract for the fiscal year.

B. Any contract between a city or town and private prison

contractor, whereby the contractor provides for the housing, care,

and control of inmates in a facility owned and operated by the

contractor, shall contain provisions granting the city or town the

option at the beginning of each fiscal year to purchase, at a

predetermined price any such facility.

C. No contract authorized by the provisions of this section

shall be awarded until the private contractor demonstrates to the

satisfaction of the governing body:

1. that the contractor has the necessary qualifications and

experience to provide the services specified in thecontract;

2. that the contractor has the necessary qualified personnel to

implement the terms of the contract;

3. that the financial condition of the contractor is such that

the terms of the contract can be fulfilled;

Oklahoma Statutes - Title 11. Cities and Towns Page 307

4. that the ability of the contractor to obtain insurance or

provide self-insurance to:

a. indemnify the city or town against possible

lawsuits arising from the operation of jail facilities by the

contractor, and

b. compensate the city or town for any property

damage or expenses incurred due to the operation of jail facilities;

and

5. that the contractor has the ability to comply with

applicable court orders and jail standards.

D. A person designated by the governing body of the city or

town shall monitor implementation of the contract.

E. A private contractor, in implementing a contract pursuant

to the provisions of this section, shall not be bound by state laws

or other legislative enactments which govern the appointment,

qualifications, duties, salaries or benefits of jailers or other

employees of the jail facilities, except that any personnel

authorized to carry and use firearms shall comply with the

certification standards required by the provisions of Section 3311

of Title 70 of the Oklahoma Statutes and be authorized to use

firearms only to prevent the commission of a felony, to prevent

escape from custody, or to prevent an act which would cause death or

serious bodily injury to the personnel or to another person.

F. Except as otherwise provided, any state law or municipal

ordinance governing municipal jails shall apply to jail facilities

operated by a private contractor.

G. Any offense which would be a crime if committed within a

municipal jail also shall be a crime if committed in a jail facility

operated by a private contractor.
Okla. Stat. tit. 11, § 11-9-113 — OK Code / Title 11 / Section 11-9-113
City treasurer - Creation and duties - Compensation
Status: in_force

The city treasurer shall be an officer of the city. Subject to

such regulations as the council may prescribe, the city treasurer

shall deposit daily funds received for the city in depositories as

the council may designate. The city treasurer shall have such other

powers, duties, and functions related to his statutory duties as may

be prescribed by law or by ordinance. The person who serves as city

treasurer may be employed by the city to perform duties not related

to his position as city treasurer. The salary, if any, for said

duties shall be provided for separately by ordinance.
Okla. Stat. tit. 11, § 11-36-101 — OK Code / Title 11 / Section 11-36-101
Powers of municipalities
Status: in_force

The title to streets, roads and public ways within the limits of

a municipality which have been dedicated and accepted by the

municipal governing body is held by the municipality in trust for

public use and enjoyment.

A municipal governing body may, in the manner provided by law:

1. Regulate and control the use of streets, roads and other

public ways within the limits of the municipality;

2. Authorize the execution of any and all contracts, easements

and permits for the use of roads, streets, and other public ways as

the governing body deems to be in the public interest;

3. Establish and change the grade of any street, avenue, lane,

alley or other place;

4. Open, straighten, widen, extend or improve any street,

avenue, lane, alley or other place by grading, paving, constructing,

macadamizing, chatting or graveling, curbing, guttering, draining or

otherwise improving the same;

5. Install necessary manholes, catch basins, culverts, inlets

and drainage pipes, sewers with necessary connections thereto for

the purpose of providing for the adequate disposition of surface

water falling on such improvements or carried thereon;

6. Construct, reconstruct, raise, lower, widen or repair

sidewalks;

Oklahoma Statutes - Title 11. Cities and Towns Page 315

7. Authorize and regulate tunnels, walkways and other

structures for public travel under and above public streets and

roads; or

8. Make all necessary utility connections whenever the public

necessity may require such improvements.
Okla. Stat. tit. 11, § 11-3-105 — OK Code / Title 11 / Section 11-3-105
Canvassing returns - Statement of result - Order of
Status: in_force

incorporation.

The county election board shall canvass the returns of the

election. Within five (5) days after the canvass of the returns of

the election, the secretary of the county election board shall

certify the results of the election to the board of county

commissioners. If a majority of the votes cast are in favor of

incorporation as a town, the board of commissioners shall, within

twenty (20) days after receiving the result of the vote, issue an

order declaring that the town has been incorporated and naming the

date for the election of town officers. The territory shall, from

the date of the commissioners' order, be deemed a body corporate and

an incorporated town.
Okla. Stat. tit. 11, § 11-6-102 — OK Code / Title 11 / Section 11-6-102
Ballots - Election on question
Status: in_force

The question submitted to the registered voters of each

municipality shall be substantially in the following form:

Shall the municipalities of ______ and ______ (name of all

municipalities to be consolidated) consolidate as the ______ (city

or town) of ________ and be operated under the _____________ form of

government?

( ) Yes.

( ) No.

If a majority of the votes cast in each municipality are in favor of

consolidation, the governing body in each municipality shall

declare, by ordinance, that the consolidation has been approved and

shall proceed to consolidate under the terms of consolidation. The

consolidation and formation of the municipal corporation shall take

effect on the date named in the terms and conditions. Upon the

effective date, the municipal corporation shall be governed by laws

applicable to the form of government which has been adopted.
Okla. Stat. tit. 11, § 11-12-107 — OK Code / Title 11 / Section 11-12-107
Board of trustees - Meetings
Status: in_force

The board of trustees shall meet regularly at least monthly at

such times as it may prescribe by ordinance or otherwise.

Special meetings may be called by the mayor or:

1. Any two trustees where the board has three members; or

2. Any three trustees where the board has five members.
Okla. Stat. tit. 11, § 11-37-117 — OK Code / Title 11 / Section 11-37-117
Acquiring lands and water for future needs - Sale
Status: in_force

outside corporate limits no defense.

Oklahoma Statutes - Title 11. Cities and Towns Page 373

Any municipality owning and operating or proposing to own and

operate a system of waterworks to supply the municipality, and the

inhabitants thereof with water may provide for its contemplated

future water and waterworks requirements, in advance of its

immediate needs. For that purpose the governing body may acquire

lands and water both within and without the corporate limits of the

municipality and within the State of Oklahoma. Such municipalities

are vested with the power of eminent domain for that purpose, such

power to be exercised in the manner provided by law for the

condemnation of lands by municipalities for waterworks purposes. It

shall be no defense against the exercise of such power or eminent

domain that the municipality is selling and furnishing water to

other municipalities or to persons, firms or corporations without

the corporate limits of the municipality.
Okla. Stat. tit. 11, § 11-33-201 — OK Code / Title 11 / Section 11-33-201
Municipality may lease or grant fishing and hunting
Status: in_force

privileges or licenses.

The governing body of any municipality owning or controlling

lakes, ponds, streams or reservoirs for the purpose of furnishing

water to the municipality may let, lease or rent, or issue

privileges or licenses upon the water courses, lakes, ponds or

reservoirs for the purpose of hunting, fishing and propagating fish,

subject to rules and regulations as may be provided by the municipal

governing body.
Okla. Stat. tit. 11, § 11-22-118 — OK Code / Title 11 / Section 11-22-118
Regulation of taxicabs - Specific requirements
Status: in_force

The municipal governing body is vested with full police powers,

for the purpose of preserving public health, safety and welfare,

over the operation, regulation and control of taxicabs within the

limits of the municipality. The municipal governing body may

prescribe regulations for the operation of taxicabs, which

regulations may include, and shall be limited to the following

specific powers and subjects:

1. Requirement of minimum insurance, bond or other indemnity

for public liability upon each taxicab; and if other than standard

insurance be permitted, requirement and specifications of terms and

conditions under which such other indemnity shall be accumulated,

held, maintained, managed, and disposed of to secure persons in

whose favor any liability shall arise out of the operation of

taxicabs;

2. Requirement of minimum standards of mechanical condition and

efficiency of any vehicle used as a taxicab, together with the power

to require inspections to insure compliance therewith;

3. Restriction of the loading of taxicabs to specified zones or

localities; including the power to prohibit and punish "cruising"

and the making of such other rules governing the manner of operation

of taxicabs as the public safety may require;

4. Determination, establishing, and enforcement of maximum

and/or minimum rates and charges to be made by taxicabs for the

transportation of passengers; including, but not requiring, the

establishment of zones as the basis of such rates, or the

requirement of taximeters as the basis of calculating such charges;

5. Requirement of municipal license for the operation of each

taxicab; together with the right to levy and exact an annual fee

therefor, and the right to revoke, cancel and thereafter refuse to

reissue such license for failure to comply with or for infractions

of regulations promulgated pursuant to this section. The granting

of any license may be made dependent upon the holding of a

certificate of convenience and necessity issued by the municipality,

if such certificates are provided as authorized by paragraph 6 of

this section; and

6. Requirement for the holding of a certificate of convenience

and necessity as a condition precedent to the issuance and holding

of a municipal license for the operation of a taxicab; including the

power to issue, deny, suspend and revoke such certificates.
Okla. Stat. tit. 11, § 11-44-104 — OK Code / Title 11 / Section 11-44-104
Powers
Status: in_force

The board of adjustment shall have the power to:

1. hear and decide appeals if it is alleged there is error in

any order, requirement, decision, or determination made by an

administrative official in the enforcement of any zoning ordinance;

2. hear and decide special exceptions to the zoning ordinance

to allow a use, or a specifically designated element associated with

a use, which is not permitted by right in a particular district

because of potential adverse effect, but which if controlled in the

particular instance as to its relationship to the neighborhood and

to the general welfare, may be permitted by the board of adjustment,

where specifically authorized by the zoning ordinance, and in

accordance with the substantive and procedural standards of the

zoning ordinance;

3. authorize in specific cases a variance from the terms,

standards and criteria that pertain to an allowed use category

within a zoning district as authorized by the zoning ordinance when

such cases are shown not to be contrary to the public interest if,

owing to special conditions, a literal enforcement of the provisions

of the ordinance will result in unnecessary hardship and so that the

spirit of the ordinance shall be observed and substantial justice

done; provided, however, the board shall have no power to authorize

variances as to use except as provided by paragraph 4 of this

section;

4. hear and decide oil and/or gas applications or appeals

unless prohibited throughout a municipality by municipal ordinance.

The board of adjustment shall be required to make the findings

prescribed by Section 44-107 of this title in order to grant a

variance as to use with respect to any such application or appeal.

Exceptions and/or variances may be allowed by the board of

adjustment only after notice and hearing as provided in Section 44-

Oklahoma Statutes - Title 11. Cities and Towns Page 487

108 of this title. The record of the meeting at which the variance

or special exception was granted shall show that each element of a

variance or special exception was established at the public hearing

on the question, otherwise said variance or special exception shall

be voidable on appeal to the district court.
Okla. Stat. tit. 11, § 11-26-208 — OK Code / Title 11 / Section 11-26-208
Trustee reports
Status: in_force

Every perpetual care fund trustee shall make a full report to

the district court of his doings in the matter of his trusteeship in

the months of January and July following his appointment, and in

January and July of each successive year. In each of the reports he

shall apportion the net proceeds received from the sum total of the

permanent fund and make proper credit to each of the separate funds

assigned to him in trust.
Okla. Stat. tit. 11, § 11-36-403 — OK Code / Title 11 / Section 11-36-403
Resolution of necessity - Assessment of cost - Notice
Status: in_force

of hearing.

The proposed assessment roll shall be submitted by the engineer

to the governing body, which shall examine the same and correct any

errors which may appear therein. The governing body shall adopt a

resolution approving the assessment roll and declaring the work of

improvement necessary to be done. The resolution shall: 1. State

that the assessment roll, as approved, is on file in the municipal

clerk's office;

2. Set forth the time and place that the governing body will

hold a hearing on any complaints or objections that may be made

concerning the apportionment and assessment of costs for the

improvement. The date of the hearing shall be not less than five

(5) nor more than fifteen (15) days after the date of the last

publication; and

3. Direct that notice be given by publication of the resolution

for not less than five (5) nor more than ten (10) days in a daily

newspaper of general circulation in the municipality, or by

publication for four (4) consecutive weeks in a weekly newspaper of

general circulation in the municipality.

A copy of the notice of the nature and amount of the assessment

shall also be mailed by restricted delivery mail to the owners of

land liable to assessment for the cost of the improvement, directed

to the address of such owner as shown on the assessment roll, which

mailing shall be not less than ten (10) days before the first

hearing. The notice by restricted delivery mail shall be considered

cumulative of the notice by publication.
Okla. Stat. tit. 11, § 11-23-108 — OK Code / Title 11 / Section 11-23-108
Hospital, health, life and accident insurance for
Status: in_force

municipal employees and retirees.

A. A municipality may provide hospital and medical benefits,

accident, health, and life insurance, or any of the aforesaid,

through any company authorized to do business in Oklahoma, for any

or all of its officers or employees and their dependents, whether

the officers or employees are engaged in a governmental or

nongovernmental function of the municipality. A municipality may

also provide such benefits when an officer or employee is ordered by

proper authority to active duty in the National Guard or Reserve

Corps of the Armed Forces of the United States. The municipality

may pay a portion or all of the premiums from any municipal general

funds, and may deduct from the wages or salary of any such officer

or employee, upon written authority signed by the officer or

employee, amounts for the payment of all or any portion of the

monthly premium for same.

B. 1. For the purposes of and as used in this subsection:

a. "affected municipality" means a municipality that

provides hospital and medical benefits, accident and

Oklahoma Statutes - Title 11. Cities and Towns Page 209

health insurance, or any of the aforesaid, for any or

all of its officers or employees and their dependents

pursuant to the provisions of subsection A of this

section,

b. "health insurance plan" means the hospital and medical

benefits, accident and health insurance, or any of the

aforesaid, provided by an affected municipality to its

officers or employees pursuant to the provisions of

subsection A of this section,

c. "retired employee" means any officer or employee of an

affected municipality who receives a continuing

benefit pursuant to the provisions of the Oklahoma

Public Employees Retirement System, a municipal

retirement system authorized pursuant to the

provisions of Section 48-101 et seq. of this title,

the Oklahoma Firefighters Pension and Retirement

System, or the Oklahoma Police Pension and Retirement

System, and who began receiving the benefits

immediately after termination of employment, taking

into consideration any administrative delays in

establishing said continuing benefits, with an

affected municipality, provided that the phrase

"retired employee" shall include elected officers that

have served eight (8) or more years with an affected

municipality and the survivor of the elected officer

or officer or employee, and

d. "survivor" means a survivor of a retired employee who

would have been eligible to make the election

authorized by this subsection and shall be determined

in accordance with the applicable rules of the

retirement system from which said retired employee

qualified to receive benefits. Provided, "survivor"

shall also mean the surviving spouse or the surviving

minor child or children of a person who was an

employee or elected official of an affected

municipality on or after July 1, 1992, and who

continuously participated in the hospital and medical

benefits insurance plan of the affected municipality

at the time of the death of the employee.

2. Notwithstanding any other state or federal law, a retired

employee may continue to elect coverage under any health insurance

plan offered by the affected municipality that last employed the

retired employee, including any health plans targeted for retirees

and Medicare eligible retirees.

3. To participate in the health insurance plan offered by a

retired employee's affected municipality, the retired employee shall

elect to participate in the health insurance plan within thirty (30)

Oklahoma Statutes - Title 11. Cities and Towns Page 210

days from the date of termination of employment with the affected

municipality.

4. The retired employee who participates in the health

insurance plan pursuant to this subsection shall pay up to the full

cost of the health insurance plan at the rates and pursuant to the

terms and conditions established by the affected

municipality,provided the amount of the retired employee's premiums

and dependent premiums for said health insurance plan paid by said

retired employee who is under sixty-five (65) years of age shall be

no greater than one hundred twenty-five percent (125%) of the amount

of the officer or employee premiums and dependent premiums for the

health insurance plan paid by or on behalf of an officer or employee

who is currently employed by the affected municipality.

5. An affected municipality that offers a health insurance plan

in accordance with this section to its officers or employees and

dependents shall offer a health insurance plan to those retired

employees and their dependents who elect to participate in the

health insurance plan in accordance with this subsection unless the

retired employee or dependent is sixty-five (65) years of age or

older and/or qualifies for Medicare.

6. An affected municipality that provides a health insurance

plan to retired employees pursuant to this subsection may offer one

or more, or a combination of one or more of the following health

care options or plans in supplement or as an alternate to

traditional Medicare coverage: a coordination of benefits plan, a

Medicare supplement (Medigap) plan, a Medicare Advantage plan (with

or without an optional Medicare Part D prescription drug plan), a

Medicare Part D prescription drug plan, or other similar health care

options or plans approved by the federal government's Centers for

Medicare and Medicaid Services, to those retired employees and their

dependents who are sixty-five (65) years of age or older and/or

qualify for Medicare.

7. An affected municipality which participates in the plan or

plans offered by the State and Education Employees Group Insurance

Board shall not be subject to the provisions of this subsection so

long as the participation continues.

8. If a retired employee who retires from an affected

municipality that participates in a municipal retirement system

authorized pursuant to the provisions of Section 48-101 et seq. of

this title does not receive a continuing benefit from the municipal

retirement system because of a lump sum distribution from the

retirement system to the retired employee or because the municipal

retirement system is discontinued, the retired employee shall be

entitled to make the election authorized pursuant to this subsection

if the retired employee was employed by the affected municipality

for at least eight (8) years or was disabled due to a line-of-duty

Oklahoma Statutes - Title 11. Cities and Towns Page 211

injury while employed by and unable to continue similar employment

with the affected municipality.

C. Public and private educational institutions of the state not

supported by any state appropriated funds may purchase annuity

contracts for any of their full-time officers and employees from any

insurance company organized and operated without profit to any

private shareholder or individual exclusively for the purpose of

aiding and strengthening educational institutions, whether or not

such company be authorized to do business in Oklahoma.
Okla. Stat. tit. 11, § 11-36-511 — OK Code / Title 11 / Section 11-36-511
Jurisdiction for disputes – Rates pending resolution
Status: in_force

A court of competent jurisdiction shall have jurisdiction to

determine all disputes arising under this act. Pending resolution

of a dispute concerning rates for collocation of small wireless

facilities on authority poles and nonauthority poles, the person

owning or controlling the pole shall allow the collocating person to

collocate on its poles at annual rates of no more than Twenty

Dollars ($20.00) with rates to be trued up upon final resolution of

the dispute.
Okla. Stat. tit. 11, § 11-22-112.2 — OK Code / Title 11 / Section 11-22-112.2
Removal of graffiti by municipalities
Status: in_force

A. A municipal governing body may cause graffiti to be removed

from property within the municipal limits in accordance with the

following procedures:

1. The property owner and the tenant, if any, may give their

written consent to the municipality authorizing removal of the

graffiti. By giving such written consent, the owner and the tenant

each waives the right to notice and a hearing by the municipality as

otherwise required by this section;

2. If the consent of the property owner and the tenant, if any,

to remove graffiti from the property cannot be obtained, the

municipality may remove the graffiti without such consent pursuant

to the procedures set forth in this section;

3. To remove graffiti from property without the consent of the

property owner and the tenant, if any, at least ten (10) days'

notice shall be given by mail directed to the address shown by the

current year's tax rolls in the county treasurer's office. Notice

to the tenant, if any, shall be given by mail directed to the

property address. The notice shall order the property owner and the

tenant, if any, to remove graffiti from the property and shall

further state that unless such work is performed within twenty (20)

days of the date of the notice the work shall be done by the

municipality. At the time of mailing of notice to the property

owner and the tenant, if any, the municipality shall obtain a

receipt of mailing from the postal service, which receipt shall

indicate the date of mailing and the name and address of the

mailee(s). In addition, notice shall be given by posting a copy of

the notice on the property at least one time not less than ten (10)

Oklahoma Statutes - Title 11. Cities and Towns Page 171

days prior to any hearing or action by the municipality. If a

municipal governing body anticipates summary abatement of graffiti

in accordance with the provisions of subsection B of this section,

the notice shall state that any accumulations of graffiti on the

property occurring within one (1) year from and after the date of

the notice may be summarily abated by the municipality without a

hearing and further prior notice to the property owner or the

tenant, if any, except by posting of notice at least one time on the

property once not less than two (2) business days prior to such

summary abatement;

4. A hearing may be held by the municipal governing body to

determine whether the accumulation of graffiti on the property has

caused the property to become detrimental or a hazard to the health,

safety, or general welfare of the public and the community;

5. Upon finding that the condition of the property constitutes

a detriment or hazard, and that the property, the public, and the

community would be benefited by removal of such conditions, the

agents of the municipality are granted the right of entry onto the

property for the removal of the graffiti thereon and for performance

of the necessary duties as a governmental function of the

municipality; and

6. The municipality may designate by ordinance an

administrative officer or administrative body to perform the

functions set forth in this section. The property owner and the

tenant, if any, shall have a right of appeal to the municipal

governing body from any order of the administrative officer or

administrative body. Such appeal shall be taken by filing written

notice of appeal with the municipal clerk within ten (10) business

days after the administrative order is rendered.

B. If a notice is given by a municipal governing body to a

property owner and tenant, if any, ordering graffiti to be removed

from property within the municipal limits in accordance with the

procedures provided for in subsection A of this section, any

subsequent accumulations of graffiti on the property occurring

within a one (1) year period may be summarily abated without further

prior notice to the property owner or the tenant, if any. However,

prior to the summary abatement by the municipality, notice thereof

shall be posted at least one time on the property not less than two

(2) business days prior to such summary abatement. This subsection

shall not apply if the records of the county clerk show that the

ownership and/or tenancy of the property was transferred after

notice was given pursuant to subsection A of this section.

C. Removal of graffiti by a municipality pursuant to the

provisions of this section shall be performed at the sole expense of

the municipality. In removing the graffiti, the municipality shall

restore the property as nearly as possible to the condition as it

Oklahoma Statutes - Title 11. Cities and Towns Page 172

existed immediately prior to the graffiti being placed on the

property.

D. Nothing in the provisions of this section shall prevent the

municipality from abating graffiti as a nuisance or otherwise

exercising its police power to protect the health, safety, or

general welfare of the public.

E. The municipality and its officers, employees or agents shall

not be liable for any damages or loss of property due to the removal

of graffiti performed pursuant to the provisions of this section.

F. Nothing in this section shall prohibit the municipal

governing body from enacting ordinances concerning the removal of

graffiti that are more strict than this section.

G. For the purposes of this section:

1. "Advertising" means any letter, word, name, number, symbol,

slogan, message, drawing, picture, writing, or other mark of any

kind lawfully placed on property by an owner or tenant of the

property, or an agent of such owner or tenant, for the purpose of

promoting products or services or conveying information to the

public;

2. "Graffiti" means, without limitation, any letter, word,

name, number, symbol, slogan, message, drawing, picture, writing, or

other mark of any kind visible to the public that is drawn, painted,

chiseled, scratched or etched on a rock, tree, wall, bridge, fence,

gate, building or other structure; provided, this definition shall

not include advertising or any other letter, word, name, number,

symbol, slogan, message, drawing, picture, writing, or other mark of

any kind lawfully placed on property by an owner of the property, a

tenant of the property, or by an authorized agent for such owner or

tenant;

3. "Owner" means the owner of record as shown by the most

current tax rolls of the county treasurer;

4. "Removal", "remove", or "removed", when used in relation to

the eradication of graffiti means the act of taking graffiti off of,

or masking the presence of graffiti on, a rock, tree, wall, bridge,

fence, gate, building or other structure; and

5. "Tenant" means any person shown by the records of the county

clerk's office as a lessee of property, or any person lawfully in

actual physical possession of property.
Okla. Stat. tit. 11, § 11-21-112 — OK Code / Title 11 / Section 11-21-112
Record regarding territory annexed or detached
Status: in_force

When any territory is annexed to or detached from a

municipality, whether by ordinance or court order, the mayor shall

file and record a duly certified copy of the ordinance or court

order, together with an accurate map or plat of the territory, in

the office of the county clerk of the county in which the territory,

or the greater portion of it, is located and with the Ad Valorem

Division of the Oklahoma Tax Commission. The record in the office

of the county clerk shall be conclusive evidence of such annexation

or detachment.