Okla. Stat. tit. 11, § 11-49-106.2 — OK Code / Title 11 / Section 11-49-106.2
Limitations on benefits relating to Section 415 of
Status: repealed

Internal Revenue Code of 1986.

A. For limitation years prior to July 1, 2007, the limitations

of Section 415 of the Internal Revenue Code of 1986, as amended,

shall be computed in accordance with the applicable provisions of

the System in effect at that time and, to the extent applicable,

Revenue Ruling 98-1 and Revenue Ruling 2001-51, except as provided

below. Notwithstanding any other provision contained herein to the

contrary, the benefits payable to a member from the System provided

by employer contributions (including contributions picked up by the

employer under Section 414(h) of the Internal Revenue Code of 1986,

as amended) shall be subject to the limitations of Section 415 of

the Internal Revenue Code of 1986, as amended, in accordance with

the provisions of this section. The limitations of this section

shall apply in limitation years beginning on or after July 1, 2007,

except as otherwise provided below.

B. Except as provided below, effective for limitation years

ending after December 31, 2001, any accrued retirement benefit

payable to a member as an annual benefit as described below shall

not exceed One Hundred Sixty Thousand Dollars ($160,000.00),

automatically adjusted under Section 415(d) of the Internal Revenue

Code of 1986, as amended, for increases in the cost of living, as

prescribed by the Secretary of the Treasury or his or her delegate,

Oklahoma Statutes - Title 11. Cities and Towns Page 540

effective January 1 of each calendar year and applicable to the

limitation year ending with or within such calendar year. The

automatic annual adjustment of the dollar limitation in this

subsection under Section 415(d) of the Internal Revenue Code of

1986, as amended, shall apply to a member who has had a severance

from employment.

1. The member's annual benefit is a benefit that is payable

annually in the form of a straight life annuity. Except as provided

below, where a benefit is payable in a form other than a straight

life annuity, the benefit shall be adjusted to an actuarially

equivalent straight life annuity that begins at the same time as

such other form of benefit and is payable on the first day of each

month, before applying the limitations of this section. For a

member who has or will have distributions commencing at more than

one annuity starting date, the annual benefit shall be determined as

of each such annuity starting date (and shall satisfy the

limitations of this section as of each such date), actuarially

adjusting for past and future distributions of benefits commencing

at the other annuity starting dates. For this purpose, the

determination of whether a new starting date has occurred shall be

made without regard to Section 1.401(a)-20, Q&A 10(d), and with

regard to Section 1.415(b)-1(b)(1)(iii)(B) and (C) of the Income Tax

Regulations.

2. No actuarial adjustment to the benefit shall be made for:

a. survivor benefits payable to a surviving spouse under

a qualified joint and survivor annuity to the extent

such benefits would not be payable if the member's

benefit were paid in another form,

b. benefits that are not directly related to retirement

benefits such as a qualified disability benefit,

preretirement incidental death benefits, and

postretirement medical benefits, or

c. the inclusion in the form of benefit of an automatic

benefit increase feature, provided, the form of

benefit is not subject to Section 417(e)(3) of the

Internal Revenue Code of 1986, as amended, and would

otherwise satisfy the limitations of this section, and

the System provides that the amount payable under the

form of benefit in any limitation year shall not

exceed the limits of this section applicable at the

annuity starting date, as increased in subsequent

years pursuant to Section 415(d) of the Internal

Revenue Code of 1986, as amended. For this purpose,

an automatic benefit increase feature is included in a

form of benefit if the form of benefit provides for

automatic, periodic increases to the benefits paid in

that form.

Oklahoma Statutes - Title 11. Cities and Towns Page 541

3. The determination of the annual benefit shall take into

account Social Security supplements described in Section 411(a)(9)

of the Internal Revenue Code of 1986, as amended, and benefits

transferred from another defined benefit plan, other than transfers

of distributable benefits pursuant to Section 1.411(d)-4, Q&A-3(c),

of the Income Tax Regulations, but shall disregard benefits

attributable to employee contributions or rollover contributions.

4. Effective for distributions in plan years beginning after

December 31, 2003, the determination of actuarial equivalence of

forms of benefit other than a straight life annuity shall be made in

accordance with paragraph 5 or paragraph 6 of this subsection.

5. Benefit Forms Not Subject to Section 417(e)(3) of the

Internal Revenue Code of 1986, as amended: The straight life

annuity that is actuarially equivalent to the member's form of

benefit shall be determined under this paragraph if the form of the

member's benefit is either:

a. a nondecreasing annuity (other than a straight life

annuity) payable for a period of not less than the

life of the member (or, in the case of a qualified

preretirement survivor annuity, the life of the

surviving spouse), or

b. an annuity that decreases during the life of the

member merely because of:

(1) the death of the survivor annuitant, but only if

the reduction is not below fifty percent (50%) of

the benefit payable before the death of the

survivor annuitant, or

(2) the cessation or reduction of Social Security

supplements or qualified disability payments as

defined in Section 411(a)(9) of the Internal

Revenue Code of 1986, as amended.

c. Limitation Years Beginning Before July 1, 2007. For

limitation years beginning before July 1, 2007, the

actuarially equivalent straight life annuity is equal

to the annual amount of the straight life annuity

commencing at the same annuity starting date that has

the same actuarial present value as the member's form

of benefit computed using whichever of the following

produces the greater annual amount:

(1) the interest rate and the mortality table or

other tabular factor, each as set forth in

subsection H of Section 49-100.9 of this title

for adjusting benefits in the same form, and

(2) a five percent (5%) interest rate assumption and

the applicable mortality table described in

Revenue Ruling 2001-62 (or its successor for

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these purposes, if applicable) for that annuity

starting date.

d. Limitation Year Beginning On January 1, 2008. For the

limitation year beginning on January 1, 2008, the

actuarially equivalent straight life annuity is equal

to the greater of:

(1) the annual amount of the straight life annuity,

if any, payable to the member under the System

commencing at the same annuity starting date as

the member's form of benefit, and

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

percent (5%) interest rate assumption and the

applicable mortality table described in Revenue

Ruling 2001-62 (or its successor for these

purposes, if applicable) for that annuity

starting date.

e. Limitation Years Beginning On or After July 1, 2008.

For limitation years beginning on or after July 1,

2008, the actuarially equivalent straight life annuity

is equal to the greater of:

(1) the annual amount of the straight life annuity,

if any, payable to the member under the System

commencing at the same annuity starting date as

the member's form of benefit, and

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

percent (5%) interest rate assumption and the

applicable mortality table within the meaning of

Section 417(e)(3)(B) of the Internal Revenue Code

of 1986, as amended, as described in Revenue

Ruling 2007-67 (and subsequent guidance) for that

annuity starting date.

6. Benefit Forms Subject to Section 417 (e)(3) of the Internal

Revenue Code of 1986, as amended: The straight life annuity that is

actuarially equivalent to the member's form of benefit shall be

determined under this paragraph if the form of the member's benefit

is other than a benefit form described in paragraph 5 of this

subsection. In this case, the actuarially equivalent straight life

annuity shall be determined as follows:

a. Annuity Starting Date on or after January 1, 2009. If

the annuity starting date of the member's form of

benefit is in the period beginning on January 1, 2009

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through June 30, 2009, or in a plan year beginning

after June 30, 2009, the actuarially equivalent

straight life annuity is equal to the greatest of

divisions (1), (2) and (3) of this subparagraph:

(1) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using the

interest rate and the mortality table or other

tabular factor as set forth in the most recent

actuarial valuation referenced in subsection H of

Section 49-100.9 of this title prior to September

1, 2011, and effective September 1, 2011, in

subsection L of this section for adjusting

benefits in the same form,

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate

assumption and the applicable mortality table

within the meaning of Section 417(e)(3)(B) of the

Internal Revenue Code of 1986, as amended, as

described in Revenue Ruling 2007-67 (and

subsequent guidance), and

(3) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using:

(a) i. in a plan year beginning after June 30,

2019, the applicable interest rate

under Section 417(e)(3) of the Internal

Revenue Code of 1986, as amended (and

subsequent guidance), for the fourth

calendar month preceding the plan year

in which falls the annuity starting

date for the distribution and the

stability period is the successive

period of one (1) plan year which

contains the annuity starting date for

the distribution and for which the

applicable interest rate remains

constant, and

ii. in a plan year beginning before July 1,

2019, the adjusted first, second, and

third segment rates under Section

417(e)(3)(C) and (D) of the Internal

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Revenue Code of 1986, as amended,

applied under rules similar to the

rules of Section 430(h)(2)(C) of the

Internal Revenue Code of 1986, as

amended, for the fourth calendar month

preceding the plan year in which falls

the annuity starting date for the

distribution and the stability period

is the successive period of one plan

year which contains the annuity

starting date for the distribution and

for which the applicable interest rate

remains constant, or as otherwise

provided in the applicable guidance if

the first day of the first plan year

beginning after December 31, 2007, does

not coincide with the first day of the

applicable stability period, and

(b) the applicable mortality table within the

meaning of Section 417(e)(3)(B) of the

Internal Revenue Code of 1986, as amended,

as described in Rev. Rul. 2007-67 (and

subsequent guidance),

divided by one and five one-hundredths (1.05).

b. Annuity Starting Date in the Period Beginning on July

1, 2008 through December 31, 2008. If the annuity

starting date of the member's form of benefit is in

the period beginning on July 1, 2008 through December

31, 2008, the actuarially equivalent straight life

annuity is equal to the greatest of divisions (1), (2)

and (3) of this subparagraph:

(1) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using the

interest rate and the mortality table or other

tabular factor each as set forth in subsection H

of Section 49-100.9 of this title for adjusting

benefits in the same form,

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate

assumption and the applicable mortality table

described in Revenue Ruling 2001-62 (or its

successor for these purposes, if applicable), and

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(3) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using:

(a) the adjusted first, second, and third

segment rates under Section 417(e)(3)(C) and

(D) of the Internal Revenue Code of 1986, as

amended, applied under rules similar to the

rules of Section 430(h)(2)(C) of the

Internal Revenue Code of 1986, as amended,

for the fourth calendar month preceding the

plan year in which falls the annuity

starting date for the distribution and the

stability period is the successive period of

one (1) plan year which contains the annuity

starting date for the distribution and for

which the applicable interest rate remains

constant, or as otherwise provided in the

applicable guidance if the first day of the

first plan year beginning after December 31,

2007, does not coincide with the first day

of the applicable stability period, and

(b) the applicable mortality table described in

Revenue Ruling 2001-62 (or its successor for

these purposes, if applicable),

divided by one and five one-hundredths (1.05).

c. Annuity Starting Date in Plan Years Beginning in 2006

or 2007. If the annuity starting date of the member's

form of benefit is in a plan year beginning in 2006 or

2007, the actuarially equivalent straight life annuity

is equal to the greatest of divisions (1), (2) and (3)

of this subparagraph:

(1) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using the

interest rate and the mortality table (or other

tabular factor) each as set forth in subsection H

of Section 49-100.9 of this title for adjusting

benefits in the same form,

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate

assumption and the applicable mortality table

Oklahoma Statutes - Title 11. Cities and Towns Page 546

described in Revenue Ruling 2001-62 (or its

successor for these purposes, if applicable), and

(3) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using:

(a) the rate of interest on thirty-year Treasury

securities as specified by the Commissioner

for the lookback month for the stability

period specified below. The lookback month

applicable to the stability period is the

fourth calendar month preceding the first

day of the stability period, as specified

below. The stability period is the

successive period of one (1) plan year which

contains the annuity starting date for the

distribution and for which the applicable

interest rate remains constant, and

(b) the applicable mortality table described in

Revenue Ruling 2001-62 (or its successor for

these purposes, if applicable),

divided by one and five one-hundredths (1.05).

d. Annuity Starting Date in Plan Years Beginning in 2004

or 2005.

(1) If the annuity starting date of the member's form

of benefit is in a plan year beginning in 2004 or

2005, the actuarially equivalent straight life

annuity is equal to the annual amount of the

straight life annuity commencing at the same

annuity starting date that has the same actuarial

present value as the member's form of benefit,

computed using whichever of the following

produces the greater annual amount:

(a) the interest rate and the mortality table or

other tabular factor, each as set forth in

subsection H of Section 49-100.9 of this

title for adjusting benefits in the same

form, and

(b) a five and one-half percent (5.5%) interest

rate assumption and the applicable mortality

table described in Revenue Ruling 2001-62

(or its successor for these purposes, if

applicable).

(2) If the annuity starting date of the member's

benefit is on or after the first day of the first

plan year beginning in 2004 and before December

31, 2004, the application of this subparagraph

Oklahoma Statutes - Title 11. Cities and Towns Page 547

shall not cause the amount payable under the

member's form of benefit to be less than the

benefit calculated under the System, taking into

account the limitations of this section, except

that the actuarially equivalent straight life

annuity is equal to the annual amount of the

straight life annuity commencing at the same

annuity starting date that has the same actuarial

present value as the member's form of benefit,

computed using whichever of the following

produces the greatest annual amount:

(a) the interest rate and mortality table or

other tabular factor, each as set forth in

subsection H of Section 49-100.9 of this

title for adjusting benefits in the same

form,

(b) i. the rate of interest on thirty-year

Treasury securities as specified by the

Commissioner for the lookback month for

the stability period specified below.

The lookback month applicable to the

stability period is the fourth calendar

month preceding the first day of the

stability period, as specified below.

The stability period is the successive

period of one (1) plan year which

contains the annuity starting date for

the distribution and for which the

applicable interest rate remains

constant, and

ii. the applicable mortality table

described in Revenue Ruling 2001-62 (or

its successor for these purposes, if

applicable), and

(c) i. the rate of interest on thirty-year

Treasury securities as specified by the

Commissioner for the lookback month for

the stability period specified below.

The lookback month applicable to the

stability period is the fourth calendar

month preceding the first day of the

stability period, as specified below.

The stability period is the successive

period of one plan year which contains

the annuity starting date for the

distribution and for which the

applicable interest rate remains

Oklahoma Statutes - Title 11. Cities and Towns Page 548

constant (as in effect on the last day

of the last plan year beginning before

January 1, 2004, under provisions of

the System then adopted and in effect),

and

ii. the applicable mortality table

described in Revenue Ruling 2001-62 (or

its successor for these purposes, if

applicable).

C. If a member has less than ten (10) years of participation in

the System and all predecessor municipal firefighter pension and

retirement systems, the dollar limitation otherwise applicable under

subsection B of this section shall be multiplied by a fraction, the

numerator of which is the number of the years of participation, or

part thereof, in the System of the member, but never less than one

(1), and the denominator of which is ten (10).

D. Adjustment of Dollar Limitation for Benefit Commencement

Before Sixty-two (62) Years of Age or After Sixty-five (65) Years of

Age: Effective for benefits commencing in limitation years ending

after December 31, 2001, the dollar limitation under subsection B of

this section shall be adjusted if the annuity starting date of the

member's benefit is before sixty-two (62) years of age or after

sixty-five (65) years of age. If the annuity starting date is

before sixty-two (62) years of age, the dollar limitation under

subsection B of this section shall be adjusted under paragraph 1 of

this subsection, as modified by paragraph 3 of this subsection, but

subject to paragraph 4 of this subsection. If the annuity starting

date is after sixty-five (65) years of age, the dollar limitation

under subsection B of this section shall be adjusted under paragraph

2 of this subsection, as modified by paragraph 3 of this subsection.

1. Adjustment of Defined Benefit Dollar Limitation for Benefit

Commencement Before Sixty-two (62) Years of Age:

a. Limitation Years Beginning Before July 1, 2007. If

the annuity starting date for the member's benefit is

prior to sixty-two (62) years of age and occurs in a

limitation year beginning before July 1, 2007, the

dollar limitation for the member's annuity starting

date is the annual amount of a benefit payable in the

form of a straight life annuity commencing at the

member's annuity starting date that is the actuarial

equivalent of the dollar limitation under subsection B

of this section (adjusted under subsection C of this

section for years of participation less than ten (10),

if required) with actuarial equivalence computed using

whichever of the following produces the smaller annual

amount:

Oklahoma Statutes - Title 11. Cities and Towns Page 549

(1) the interest rate and the mortality table or

other tabular factor, each as set forth in

subsection H of Section 49-100.9 of this title,

or

(2) a five percent (5%) interest rate assumption and

the applicable mortality table as described in

Revenue Ruling 2001-62 (or its successor for

these purposes, if applicable).

b. Limitation Years Beginning On or After July 1, 2007.

(1) System Does Not Have Immediately Commencing

Straight Life Annuity Payable at Both Sixty-two

(62) Years of Age and the Age of Benefit

Commencement.

(a) If the annuity starting date for the

member's benefit is prior to sixty-two (62)

years of age and occurs in the limitation

year beginning on January 1, 2008, and the

System does not have an immediately

commencing straight life annuity payable at

both sixty-two (62) years of age and the age

of benefit commencement, the dollar

limitation for the member's annuity starting

date is the annual amount of a benefit

payable in the form of a straight life

annuity commencing at the member's annuity

starting date that is the actuarial

equivalent of the dollar limitation under

subsection B of this section (adjusted under

subsection C of this section for years of

participation less than ten (10), if

required) with actuarial equivalence

computed using a five percent (5%) interest

rate assumption and the applicable mortality

table for the annuity starting date as

described in Revenue Ruling 2001-62 (or its

successor for these purposes, if applicable)

(and expressing the member's age based on

completed calendar months as of the annuity

starting date).

(b) If the annuity starting date for the

member's benefit is prior to sixty-two (62)

years of age and occurs in a limitation year

beginning on or after January 1, 2009, and

the System does not have an immediately

commencing straight life annuity payable at

both sixty-two (62) years of age and the age

of benefit commencement, the dollar

Oklahoma Statutes - Title 11. Cities and Towns Page 550

limitation for the member's annuity starting

date is the annual amount of a benefit

payable in the form of a straight life

annuity commencing at the member's annuity

starting date that is the actuarial

equivalent of the dollar limitation under

subsection B of this section (adjusted under

subsection C of this section for years of

participation less than ten (10), if

required) with actuarial equivalence

computed using a five percent (5%) interest

rate assumption and the applicable mortality

table within the meaning of Section

417(e)(3)(B) of the Internal Revenue Code of

1986, as amended, as described in Revenue

Ruling 2007-67 (and subsequent guidance)

(and expressing the member's age based on

completed calendar months as of the annuity

starting date).

(2) System Has Immediately Commencing Straight Life

Annuity Payable at Both Sixty-two (62) Years of

Age and the Age of Benefit Commencement. If the

annuity starting date for the member's benefit is

prior to sixty-two (62) years of age and occurs

in a limitation year beginning on or after July

1, 2007, and the System has an immediately

commencing straight life annuity payable at both

sixty-two (62) years of age and the age of

benefit commencement, the dollar limitation for

the member's annuity starting date is the lesser

of the limitation determined under division (1)

of this subparagraph and the dollar limitation

under subsection B of this section (adjusted

under subsection C of this section for years of

participation less than ten (10), if required)

multiplied by the ratio of the annual amount of

the immediately commencing straight life annuity

under the System at the member's annuity starting

date to the annual amount of the immediately

commencing straight life annuity under the System

at sixty-two (62) years of age, both determined

without applying the limitations of this section.

(3) Effective for limitation years commencing on or

after January 1, 2014, notwithstanding any other

provision of paragraph 1 of this subsection, the

age-adjusted dollar limit applicable to a member

Oklahoma Statutes - Title 11. Cities and Towns Page 551

shall not decrease on account of an increase in

age or the performance of additional services.

2. Adjustment of Defined Benefit Dollar Limitation for Benefit

Commencement After Sixty-five (65) Years of Age:

a. Limitation Years Beginning Before July 1, 2007. If

the annuity starting date for the member's benefit is

after sixty-five (65) years of age and occurs in a

limitation year beginning before July 1, 2007, the

dollar limitation for the member's annuity starting

date is the annual amount of a benefit payable in the

form of a straight life annuity commencing at the

member's annuity starting date that is the actuarial

equivalent of the dollar limitation under subsection B

of this section (adjusted under subsection C of this

section for years of participation less than ten (10),

if required) with actuarial equivalence computed using

whichever of the following produces the smaller annual

amount:

(1) the interest rate and the mortality table or

other tabular factor, each as set forth in

subsection H of Section 49-100.9 of this title,

or

(2) a five percent (5%) interest rate assumption and

the applicable mortality table as described in

Revenue Ruling 2001-62 (or its successor for

these purposes, if applicable).

b. Limitation Years Beginning On or After July 1, 2007.

(1) System Does Not Have Immediately Commencing

Straight Life Annuity Payable at Both Sixty-five

(65) Years of Age and the Age of Benefit

Commencement.

(a) If the annuity starting date for the

member's benefit is after sixty-five (65)

years of age and occurs in the limitation

year beginning on January 1, 2008, and the

System does not have an immediately

commencing straight life annuity payable at

both sixty-five (65) years of age and the

age of benefit commencement, the dollar

limitation at the member's annuity starting

date is the annual amount of a benefit

payable in the form of a straight life

annuity commencing at the member's annuity

starting date that is the actuarial

equivalent of the dollar limitation under

subsection B of this section (adjusted under

subsection C of this section for years of

Oklahoma Statutes - Title 11. Cities and Towns Page 552

participation less than ten (10), if

required) with actuarial equivalence

computed using a five percent (5%) interest

rate assumption and the applicable mortality

table for the annuity starting date as

described in Revenue Ruling 2001-62 (or its

successor for these purposes, if applicable)

(and expressing the member's age based on

completed calendar months as of the annuity

starting date).

(b) If the annuity starting date for the

member's benefit is after sixty-five (65)

years of age and occurs in a limitation year

beginning on or after January 1, 2009, and

the System does not have an immediately

commencing straight life annuity payable at

both sixty-five (65) years of age and the

age of benefit commencement, the dollar

limitation at the member's annuity starting

date is the annual amount of a benefit

payable in the form of a straight life

annuity commencing at the member's annuity

starting date that is the actuarial

equivalent of the dollar limitation under

subsection B of this section (adjusted under

subsection C of this section for years of

participation less than ten (10), if

required) with actuarial equivalence

computed using a five percent (5%) interest

rate assumption and the applicable mortality

table within the meaning of Section

417(e)(3)(B) of the Internal Revenue Code of

1986, as amended, as described in Revenue

Ruling 2007-67 (and subsequent guidance)

(and expressing the member's age based on

completed calendar months as of the annuity

starting date).

(2) System Has Immediately Commencing Straight Life

Annuity Payable at Both Sixty-five (65) Years of

Age and Age of Benefit Commencement. If the

annuity starting date for the member's benefit is

after sixty-five (65) years of age and occurs in

a limitation year beginning on or after July 1,

2007, and the System has an immediately

commencing straight life annuity payable at both

sixty-five (65) years of age and the age of

benefit commencement, the dollar limitation at

Oklahoma Statutes - Title 11. Cities and Towns Page 553

the member's annuity starting date is the lesser

of the limitation determined under division (1)

of this subparagraph and the dollar limitation

under subsection B of this section (adjusted

under subsection C of this section for years of

participation less than ten (10), if required)

multiplied by the ratio of the annual amount of

the adjusted immediately commencing straight life

annuity under the System at the member's annuity

starting date to the annual amount of the

adjusted immediately commencing straight life

annuity under the System at sixty-five (65) years

of age, both determined without applying the

limitations of this section. For this purpose,

the adjusted immediately commencing straight life

annuity under the System at the member's annuity

starting date is the annual amount of such

annuity payable to the member, computed

disregarding the member's accruals after sixty-

five (65) years of age but including actuarial

adjustments even if those actuarial adjustments

are used to offset accruals; and the adjusted

immediately commencing straight life annuity

under the System at sixty-five (65) years of age

is the annual amount of such annuity that would

be payable under the System to a hypothetical

member who is sixty-five (65) years of age and

has the same accrued benefit as the member.

3. Notwithstanding the other requirements of this subsection,

in adjusting the dollar limitation for the member's annuity starting

date under subparagraph a of paragraph 1 of this subsection,

division (1) of subparagraph b of paragraph 1 of this subsection,

subparagraph a of paragraph 2 of this subsection, or division (1) of

subparagraph b of paragraph 2 of this subsection, no adjustment

shall be made to reflect the probability of a member's death between

the annuity starting date and sixty-two (62) years of age, or

between sixty-five (65) years of age and the annuity starting date,

as applicable, if benefits are not forfeited upon the death of the

member prior to the annuity starting date. To the extent benefits

are forfeited upon death before the annuity starting date, such an

adjustment shall be made. For this purpose, no forfeiture shall be

treated as occurring upon the member's death if the System does not

charge members for providing a qualified preretirement survivor

annuity, as defined in Section 417(c) of the Internal Revenue Code

of 1986, as amended, upon the member's death.

4. Notwithstanding any other provision to the contrary, for

limitation years beginning on or after January 1, 1997, if payment

Oklahoma Statutes - Title 11. Cities and Towns Page 554

begins before the member reaches sixty-two (62) years of age, the

reductions in the limitations in this subsection shall not apply to

a member who is a "qualified participant" as defined in Section

415(b)(2)(H) of the Internal Revenue Code of 1986, as amended.

E. Minimum Benefit Permitted: Notwithstanding anything else in

this section to the contrary, the benefit otherwise accrued or

payable to a member under this System shall be deemed not to exceed

the maximum permissible benefit if:

1. The retirement benefits payable for a limitation year under

any form of benefit with respect to such member under this System

and under all other defined benefit plans (without regard to whether

a plan has been terminated) ever maintained by a participating

municipality do not exceed Ten Thousand Dollars ($10,000.00)

multiplied by a fraction:

a. the numerator of which is the member's number of

credited years (or part thereof, but not less than one

(1) year) of service (not to exceed ten (10) years)

with the participating municipality, and

b. the denominator of which is ten (10); and

2. The participating municipality (or a predecessor employer)

has not at any time maintained a defined contribution plan in which

the member participated (for this purpose, mandatory employee

contributions under a defined benefit plan, individual medical

accounts under Section 401(h) of the Internal Revenue Code of 1986,

as amended, and accounts for postretirement medical benefits

established under Section 419A(d)(1) of the Internal Revenue Code of

1986, as amended, are not considered a separate defined contribution

plan).

F. In no event shall the maximum annual accrued retirement

benefit of a member allowable under this section be less than the

annual amount of such accrued retirement benefit, including early

pension and qualified joint and survivor annuity amounts, duly

accrued by the member as of the last day of the limitation year

beginning in 1982, or as of the last day of the limitation year

beginning in 1986, whichever is greater, disregarding any plan

changes or cost-of-living adjustments occurring after July 1, 1982,

as to the 1982 accrued amount, and May 5, 1986, as to the 1986

accrued amount.

G. For limitation years beginning on or after January 1, 1995,

subsection C of this section, paragraph 1 of subsection D of this

section, and the proration provided under subparagraphs a and b of

paragraph 1 of subsection E of this section, shall not apply to a

benefit paid under the System as a result of the member becoming

disabled by reason of personal injuries or sickness, or amounts

received by the beneficiaries, survivors or estate of the member as

a result of the death of the member.

Oklahoma Statutes - Title 11. Cities and Towns Page 555

H. If a member purchases service credit under the System, which

qualifies as "permissive service credit" pursuant to Section 415(n)

of the Internal Revenue Code of 1986, as amended, the limitations of

Section 415 of the Internal Revenue Code of 1986, as amended, may be

met by either:

1. Treating the accrued benefit derived from such contributions

as an annual benefit under subsection B of this section; or

2. Treating all such contributions as annual additions for

purposes of Section 415(c) of the Internal Revenue Code of 1986, as

amended.

I. If a member repays to the System any amounts refunded from

the System because of the member's prior termination or any other

amount which qualifies as a repayment under Section 415(k)(3) of the

Internal Revenue Code of 1986, such repayment shall not be taken

into account for purposes of Section 415 of the Internal Revenue

Code of 1986, as amended, pursuant to Section 415(k)(3) of the

Internal Revenue Code of 1986, as amended.

J. For distributions made in limitation years beginning on or

after January 1, 2000, the combined limit of repealed Section 415(e)

of the Internal Revenue Code of 1986, as amended, shall not apply.

K. The State Board is hereby authorized to revoke the special

election previously made on June 21, 1991, under Section 415(b)(10)

of the Internal Revenue Code of 1986, as amended.

L. Effective September 1, 2011, the interest rate and mortality

assumptions for the System used to determine the actuarial

equivalence of a member's form of benefit shall be set by the State

Board in a manner that precludes employer discretion, shall be based

upon recommendations from independent professional advisors and

shall be published annually in the actuarial valuation.

M. All benefits payable from the Oklahoma Firefighters Pension

and Retirement System including payments from the deferred option

plan under Section 49-106.1 of this title shall be paid from the

general assets of the Oklahoma Firefighters Pension and Retirement

Fund pursuant to subsection B of Section 49-100.11 of this title.
Okla. Stat. tit. 11, § 11-49-103 — OK Code / Title 11 / Section 11-49-103
Local firefighter pension and retirement boards
Status: in_force

A. The mayor, the clerk and the treasurer of every incorporated

municipality are, in addition to the duties now required of them,

hereby created and constituted, together with three members from the

fire department of such municipality, a local firefighters pension

and retirement board of each such municipality, which board shall be

known as the Local Firefighters Pension and Retirement Board. The

fire department of each such municipality shall elect, by ballot,

three members of such fire department, one of whom shall serve for

the term of one (1) year, and one for the term of two (2) years, and

one for the term of three (3) years, and thereafter such fire

department shall, every year, elect by ballot one of its members to

serve for the term of three (3) years upon the local board;

provided, the provisions of this article shall not apply to any

municipality where no regularly organized fire department is

maintained, nor to any municipality where the fire department has

firefighting apparatus of less than One Thousand Dollars ($1,000.00)

value.

B. Local firefighter pension and retirement boards of

participating employers of the System shall be terminated on

December 31, 2016, and all powers, duties and functions shall be

assumed by the Executive Director unless a majority of the active

firefighters of an affected fire department elect to continue their

local firefighter pension and retirement board before the

termination date prescribed by this subsection, provided that an

election shall be held within twenty (20) days of the date a

petition is presented to the fire chief of a fire department signed

by at least ten percent (10%) of the active firefighters on the

rolls as of the petition date requesting an election to continue the

local firefighter pension and retirement board.
Okla. Stat. tit. 11, § 11-33-104 — OK Code / Title 11 / Section 11-33-104
Joint establishment and conduct of system of
Status: in_force

recreation.

Oklahoma Statutes - Title 11. Cities and Towns Page 293

Any two or more governmental units may jointly establish and

conduct such a system of recreation, including recreation centers,

parks, swimming pools, playgrounds and any and all other

recreational facilities and activities, and may exercise all the

powers given by Sections 33-101 through 33-115 of this title. The

respective governing bodies operating such a joint program or

programs may provide by agreement among themselves for all matters

connected with the program and determine what items of cost and

expense shall be paid by each. All such facilities and activities

shall be governmental in nature, and no liability for negligence

shall accrue against any participating governmental unit.
Okla. Stat. tit. 11, § 11-41-101 — OK Code / Title 11 / Section 11-41-101
Survey and plat for subdivisions or proposed
Status: in_force

municipality.

A person intending to lay out a municipality or an addition or

subdivision shall cause a survey and plat to be made of the land

which is to be laid out. The plat shall particularly describe and

set forth all streets, alleys, easements, commons or public grounds,

all lots and blocks, and fractional lots within or adjoining the

land, and give their names, width, courses, boundaries, and extent.
Okla. Stat. tit. 11, § 11-43-103 — OK Code / Title 11 / Section 11-43-103
Purpose of regulations - Comprehensive plan
Status: in_force

Municipal regulations as to buildings, structures and land shall

be made in accordance with a comprehensive plan and be designed to

accomplish any of the following objectives:

1. To lessen congestion in the streets;

2. To secure safety from fire, panic and other dangers;

3. To promote health and the general welfare, including the

peace and quality of life of the district;

4. To provide adequate light and air;

5. To prevent the overcrowding of land;

Oklahoma Statutes - Title 11. Cities and Towns Page 473

6. To promote historical preservation;

7. To avoid undue concentration of population; or

8. To facilitate the adequate provision of transportation,

water, sewerage, schools, parks and other public requirements.

The regulations shall be made with reasonable consideration, among

other things, as to the character of the district and its peculiar

suitability for particular uses, and with a view to conserving the

value of buildings and encouraging the most appropriate use of land

throughout the municipality. The governing body shall provide the

manner in which regulations, restrictions and district boundaries

shall be determined, established and enforced, and amended,

supplemented or changed.
Okla. Stat. tit. 11, § 11-50-111.4 — OK Code / Title 11 / Section 11-50-111.4
Transferred credited service - Computation of
Status: in_force

purchase price.

A. The Oklahoma Police Pension and Retirement Board shall adopt

rules for computation of the purchase price for transferred credited

service. These rules shall base the purchase price for each year

purchased on the actuarial cost of the incremental projected

benefits to be purchased. The purchase price shall represent the

present value of the incremental projected benefits discounted

according to the member's age at the time of purchase. Incremental

projected benefits shall be the difference between the projected

benefit the member would receive without purchasing the transferred

credited service and the projected benefit after purchase of the

transferred credited service computed as of the earliest age at

which the member would be able to retire. The computation shall

assume an unreduced benefit and be computed using interest and

mortality assumptions consistent with the actuarial assumptions

adopted by the Board of Trustees for purposes of preparing the

annual actuarial evaluation.

B. In the event that the member is unable to pay the purchase

price provided for in this section by the due date, the Oklahoma

Police Pension and Retirement Board shall permit the members to

amortize the purchase price over a period not to exceed sixty (60)

months. Payments shall be made by payroll deductions unless the

Oklahoma Statutes - Title 11. Cities and Towns Page 637

Oklahoma Police Pension and Retirement Board permits an alternate

payment source. The amortization shall include interest in an

amount not to exceed the actuarially assumed interest rate adopted

by the Oklahoma Police Pension and Retirement Board for investment

earnings each year. Any member who ceases to make payment,

terminates, retires or dies before completing the payments provided

for in this section shall receive prorated service credit for only

those payments made, unless the unpaid balance is paid by the

member, his or her estate or successor in interest within six (6)

months after the member's death, termination of employment or

retirement, provided no retirement benefits shall be payable until

the unpaid balance is paid, unless the member or beneficiary

affirmatively waives the additional six-month period in which to pay

the unpaid balance. Notwithstanding anything herein to the

contrary, lump-sum payments for a transferred credited service

purchase may be made by a trustee-to-trustee transfer of non-Roth

funds from a Code Section 403(b) annuity or custodial account, an

eligible deferred compensation plan described in Code Section 457(b)

which is maintained by an eligible employer described in Code

Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan;

or a direct rollover of tax-deferred funds from a Code Section

403(b) annuity or custodial account, an eligible deferred

compensation plan described in Code Section 457(b) which is

maintained by an eligible employer described in Code Section

457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code

Section 408(a) or 408(b) traditional or conduit Individual

Retirement Account or Annuity (IRA). The Oklahoma Police Pension

and Retirement Board shall develop such procedures and may require

such information from the distributing plan as it deems necessary to

reasonably conclude that a potential rollover contribution is a

valid rollover contribution under Section 1.401(a)(31)-1, Q&A-

14(b)(2), of the Income Tax Regulations. Roth accounts and

Coverdell Education Savings Accounts shall not be used to purchase

transferred credited service. A member making installment payments

shall have the option of making a cash lump-sum payment for the

balance of the actuarial purchase price with interest due through

the date of payment by a trustee-to-trustee transfer of non-Roth

funds from a Code Section 403(b) annuity or custodial account, an

eligible deferred compensation plan described in Code Section 457(b)

which is maintained by an eligible employer described in Code

Section 457(e)(1)(A), and/or a Code Section 401(a) qualified plan;

or a direct rollover of tax-deferred funds from a Code Section

403(b) annuity or custodial account, an eligible deferred

compensation plan described in Code Section 457(b) which is

maintained by an eligible employer described in Code Section

457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code

Section 408(a) or 408(b) traditional or conduit Individual

Oklahoma Statutes - Title 11. Cities and Towns Page 638

Retirement Account or Annuity (IRA). Roth accounts and Coverdell

Education Savings Accounts shall not be used to purchase transferred

credited service. The State Board shall promulgate such rules as

are necessary to implement the provisions of this subsection.
Okla. Stat. tit. 11, § 11-36-414 — OK Code / Title 11 / Section 11-36-414
Authority and control over property taken
Status: in_force

When public land has been appropriated for street purposes, as

provided in Sections 36-410 through 36-413 of this title, such land

shall not again be subject to the control or authority of the state,

county, school district or board of education until and unless the

land so taken shall be no longer used by the public for street

purposes.
Okla. Stat. tit. 11, § 11-49-105.3 — OK Code / Title 11 / Section 11-49-105.3
Municipalities contracting with private entities to
Status: in_force

provide fire protection.

Any participating municipality that contracts with private

organizations, corporations or companies to provide fire protection

in this state shall meet the requirements of the Oklahoma

Firefighters Pension and Retirement System and the fire fighters of

the participating municipality shall be members of the system.
Okla. Stat. tit. 11, § 11-37-226 — OK Code / Title 11 / Section 11-37-226
Collection of payments - Bond of clerk - Special fund
Status: in_force

The municipal clerk shall be required to execute a good and

sufficient bond, with sureties, and in an amount to be approved by

the governing body, payable to the municipality, conditioned for the

faithful performance of the duties conferred upon him as collector

of the assessments. The municipal clerk shall keep an accurate

account of all assessment collections made by him, and shall pay to

the municipal treasurer daily the amounts of the assessments

collected by him. The amounts so collected and paid to the

municipal treasurer shall constitute a separate, special fund to be

used and applied to the payment of bonds and the interest coupons

which are issued against the assessments. After the payment of all

Oklahoma Statutes - Title 11. Cities and Towns Page 391

bonds and interest thereon, any surplus remaining in the fund shall

be paid to the general fund.
Okla. Stat. tit. 11, § 11-22-107.1 — OK Code / Title 11 / Section 11-22-107.1
Regulation of video services systems
Status: in_force

A. A municipality may by ordinance or otherwise grant a

certificate, license, permit or franchise for the operation of a

video services system, unless such authority is already provided for

by law. Any certificate, license, permit or franchise granted

pursuant to this section shall constitute a bargained contract

between the municipality and the video services provider and shall

provide for a consideration payment to the municipality as rental

for the privileges granted to the provider to use the public ways

and grounds within the municipality in furtherance of its video

services business. The rental payment shall be set at the amount

bargained between the municipality and the video services provider

but shall not exceed five percent (5%) of the annual gross revenues

derived by the video services provider from the provision of video

services within the municipality. Any certificate, license, permit

or franchise issued by the governing body shall be nonexclusive and

shall not exceed a period of twenty-five (25) years and may be

revocable by the governing body if the body determines that the

holder of the certificate, license, permit or franchise has

willfully failed or neglected to perform duties pursuant to the

terms of the grant of the certificate, license, permit or franchise.

Nothing herein shall limit the authority of a municipality to comply

with state or federal law.

B. In the event a municipality grants an overlapping

certificate, license, permit or franchise for video services within

its jurisdiction on terms or conditions more favorable or less

burdensome than those in any existing certificate, license, permit

or franchise within the municipality the holder of the existing

Oklahoma Statutes - Title 11. Cities and Towns Page 155

certificate, license, permit or franchise shall be entitled, upon

written notice to the municipality, to adopt the terms in the

overlapping certificate, license, permit or franchise that are more

favorable or less burdensome than those in the existing certificate,

license, permit or franchise and the adopted terms shall become

enforceable by the municipality.

C. In addition to any other authority granted to municipalities

by this section or other applicable law, a municipality may also

adopt an ordinance regulating a video services system pursuant to

its police power. No municipal provisions regulating a video

services system may be adopted which are inconsistent with either

state or federal law or with the terms and conditions of the

certificate, license, permit or franchise bargained by the

municipality and the video services provider.

D. In awarding or renewing a certificate, license, permit or

franchise for video services, a municipality may require adequate

assurance that the video services system provider will provide

adequate public, educational, and governmental access channel

capacity, facilities or financial support. A video services system

provider may, at its sole option, provide a “family-friendly” tier

of video services in lieu of channel capacity, facilities, or

financial support for public access as a condition of any

certificate, license, permit or franchise for video services or

renewal thereof. Nothing herein shall affect any channel capacity,

facilities, or financial support for educational or governmental

access contained in any certificate, license, permit or franchise

for video services or renewal thereof.

E. A “family-friendly” tier of services is a group of channels,

offered to customers pursuant to Federal Communications Commission

(FCC) regulations, that primarily contains programming with a

television viewing rating of TV-Y, TV-Y7 or TV-G.

F. “Video services” means video programming, including cable

services, provided through wireline facilities owned, controlled,

constructed, or operated by the provider of such video service and

located at least in part in the public rights-of-way without regard

to the delivery technology, including Internet protocol technology.

Video services shall not include:

1. Video programming provided by a commercial mobile service

provider as defined in 47 U.S.C., Section 332(d)(1);

2. Direct-to-home satellite services as defined in 47 U.S.C.,

Section 303(v) that are transmitted from a satellite directly to a

customer’s premises without using or accessing any portion of the

public right-of-way; or

3. Video programing accessed via a service that enables users

to access content, information, electronic mail, messaging and other

services offered over the Internet, including streaming content.

Oklahoma Statutes - Title 11. Cities and Towns Page 156
Okla. Stat. tit. 11, § 11-50-112 — OK Code / Title 11 / Section 11-50-112
Participation in System required - Eligibility
Status: in_force

A. All persons employed as full-time duly appointed or elected

officers who are paid for working more than twenty-five (25) hours

per week or any person hired by a participating municipality who is

undergoing police training to become a permanent police officer of

the municipality shall participate in the System upon initial

employment with a police department of a participating municipality.

All such persons shall submit to a physical-medical examination

pertaining to sight, hearing, agility and other conditions the

requirements of which shall be established by the State Board. The

person shall be required to complete this physical-medical

examination prior to the beginning of actual employment. This

examination shall identify any preexisting conditions. Except as

otherwise provided in this section, a police officer shall be not

less than twenty-one (21) nor more than forty-five (45) years of age

when accepted for membership in the System. However, if a

municipality should be found to be in noncompliance with the

provisions of Article 50 of this title, as determined by the State

Board, then any current full-time active police officer employed by

a municipality as of July 1, 2001, shall not be denied eligibility

to participate in the Oklahoma Police Pension and Retirement System

solely due to age. The State Board shall have authority to deny or

revoke membership of any person submitting false information in such

person's membership application. The State Board shall have final

authority in determining eligibility for membership in the System,

pursuant to the provisions of this article.

B. The police chief of any participating municipality may be

exempt from membership in the System or may become a member provided

the member is not a retired member and the requirements of this

section are met at the time of employment.

C. A member of the System who has attained his or her normal

retirement date may, if the member so elects, agree to terminate

employment and retire as a member of the System and make an election

to receive distributions from the System. If a retired member is

reemployed by a participating municipality in the position of police

chief or in a position which is not covered by the System,

retirement shall include receipt by such retired member of in-

service distributions from the System.

D. A former member of the System who terminates from covered

employment and who has neither retired from the System nor entered

the Oklahoma Police Deferred Option Plan and is later employed in a

covered position with a participating municipality shall not be

denied eligibility to become a member of the System because he or

she is forty-five (45) years of age or older. If such member has

withdrawn his or her contributions prior to re-entering the System

and the member desires to receive credit for such prior service,

Oklahoma Statutes - Title 11. Cities and Towns Page 641

then the member shall pay back such contributions and interest

pursuant to Section 50-111.1 of this title.

E. Notwithstanding any other provision of law to the contrary,

a municipality that employs two (2) or fewer full-time police

officers may employ a police officer who is more than forty-five

(45) years of age and who has never participated in the Oklahoma

Police Pension and Retirement System, but such police officer shall

not be eligible to participate in the System. Such police officer

shall be counted in the limitation imposed by this subsection.

Notwithstanding any other provisions of law, the State Board shall

be granted access to information concerning a list of actively

working police officers within the municipalities and agencies under

the purview provided by the Council on Law Enforcement Education and

Training.
Okla. Stat. tit. 11, § 11-24-106 — OK Code / Title 11 / Section 11-24-106
Public Property
Status: in_force

Public Property. It is hereby found, determined, and declared

that the creation of the Authority and the carrying out of its

corporate purposes are in all respects for the benefit of the people

of this state and that the Authority is an institution of purely

public charity performing an essential governmental function and all

property of said Authority (including the Authority's interest in

any property held jointly with any other person) is hereby declared

and shall in all respects be considered to be public property and

title to such property shall be held by the Authority only for the

benefit of the public and the use of such property pursuant to the

terms of this act shall be and is hereby declared to be for

essential public and governmental purposes, that is, for the

promotion of public general welfare in the matter of providing an

adequate, dependable and economic electric power supply in an effort

to better the general condition of the residents of the State of

Oklahoma, and all of the property of and income, obligations and

interest on all the bonds and notes of the Authority and the

transfer thereof shall be and hereby are declared to be nontaxable

for any and all purposes by the State of Oklahoma or any of its

political subdivisions.
Okla. Stat. tit. 11, § 11-9-104 — OK Code / Title 11 / Section 11-9-104
Mayor - Duties as president of council
Status: in_force

The mayor shall preside at meetings of the council, and shall

certify to the correct enrollment of all ordinances and resolutions

passed by it. The mayor is not considered a member of the council

for quorum or voting purposes; except that he may vote on questions

under consideration by the council only when the council is equally

divided.
Okla. Stat. tit. 11, § 11-50-122 — OK Code / Title 11 / Section 11-50-122
Computation of pensions - Leaves of absence - Military
Status: in_force

leaves of absence or credits for military service exempted.

A. All pensions shall be computed on a monthly basis with a

majority of the month counting as a full month.

B. Authorized leaves of absence may be granted by a

participating municipality to a member. These authorized leaves of

absence shall not constitute a deprivation of pension rights and

service accumulations up to the point of the leave. Accrual time

may continue when the member returns to work if that absence is not

longer than three hundred sixty-five (365) days. In no case shall a

member on authorized leave of absence withdraw any funds from the

System. Effective August 5, 1993, an authorized leave of absence

shall include a period of absence pursuant to the Family and Medical

Leave Act of 1993.

C. Nothing in subsection B of this section shall be construed

as affecting any provision for military leaves of absence or credits

for military service in the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-17-205 — OK Code / Title 11 / Section 11-17-205
Annual budget - Preparation and submission - Assistance
Status: in_force

of officers, employees and departments.

At least thirty (30) days prior to the beginning of each fiscal

year, a budget for the municipality shall be prepared by the chief

executive officer and submitted to the governing body. The chief

executive officer may require any other officer or employee who is

charged with the management or control of any department or office

of the municipality to furnish estimates for the fiscal year

covering estimated revenues and expenditures of the department or

office on or before a date set by the chief executive officer.
Okla. Stat. tit. 11, § 11-38-104 — OK Code / Title 11 / Section 11-38-104
Maximum rehabilitation and redevelopment by private enterprise - Public housing
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 16enterprise - Public housing facilities.

The Urban Renewal Authority and any municipality, to the

greatest extent determined to be feasible in carrying out the

provisions of this article, shall afford maximum opportunity,

consistent with the sound needs of the municipality as a whole, to

the rehabilitation or redevelopment of the urban renewal area by

private enterprise. The Urban Renewal Authority and the

municipality shall give consideration to this objective in

exercising their powers under this article, including the

formulation of a workable program, the approval of urban renewal

plans (consistent with the general plan of the municipality), and

the exercise of its zoning powers, the enforcement of other laws,

codes and regulations relating to the use of land and the use and

occupancy of buildings and improvements, the disposition of any

property acquired, and the provision of necessary public

improvements. Nothing herein shall be construed to authorize any

municipality or Urban Renewal Authority to construct or operate

public housing facilities.
Okla. Stat. tit. 11, § 11-49-100.3 — OK Code / Title 11 / Section 11-49-100.3
Firefighters Pension and Retirement Board
Status: in_force

A. There shall be an Oklahoma Firefighters Pension and

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

follows:

Oklahoma Statutes - Title 11. Cities and Towns Page 517

1. Five members shall be the Board of Trustees of the Oklahoma

Firefighters Association;

2. One member shall be the President of the Professional Fire

Fighters of Oklahoma or his designee. The designee shall be a

member of the Professional Fire Fighters of Oklahoma;

3. One member shall be the President of the Oklahoma State

Retired Fire Fighters Association or his designee. The designee

shall be a member of the Oklahoma State Retired Fire Fighters

Association;

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

Representatives;

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

of the Senate;

6. Two members shall be appointed by the President of the

Oklahoma Municipal League;

7. One member shall be the State Insurance Commissioner or his

designee; and

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

and Enterprise Services or his designee.

B. 1. The terms of office of the members appointed to the

State Board by the President of the Oklahoma Municipal League who

are members of the State Board on the operative date of this act

shall expire on July 1, 1989. The members appointed to fill the

positions that expire on July 1, 1989, shall serve initial terms of

office as follows:

a. the term of office of one of the members appointed by

the President of the Oklahoma Municipal League shall

expire on July 1, 1990; and

b. the term of office of one of the members appointed by

the President of the Oklahoma Municipal League shall

expire on July 1, 1992.

Thereafter, the terms of office of the members of the State

Board appointed by the President of the Oklahoma Municipal League

shall be four (4) years.

2. The term of office of the member appointed to the State

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

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

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

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

members thereafter appointed shall serve terms of office of four (4)

years.

3. Vacancies shall be filled for the unexpired term of office

in the same manner as the original appointment was made.

C. Those members appointed to the State Board by the President

of the Oklahoma Municipal League, the Speaker of the House of

Representatives and the President Pro Tempore of the Senate or who

are designees of an ex officio member of the State Board shall:

Oklahoma Statutes - Title 11. Cities and Towns Page 518

1. Have demonstrated professional experience in investment or

funds management, public funds management, public or private pension

fund management or retirement system management; or

2. Have demonstrated experience in the banking profession and

have demonstrated professional experience in investment or funds

management; or

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

demonstrated professional experience in commercial matters; or

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

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

The appointing authorities, in making appointments that conform

to the requirements of this subsection, shall give due consideration

to balancing the appointments among the criteria specified in

paragraphs 1 through 4 of this subsection.

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

in this state as provided by law.

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

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

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

reappointment when the term of office of the member expires.

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

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

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

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

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

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

inability or refusal to act.

G. Prior to February 6, 1995, the State Board shall be

prevented from making any payment or granting any benefit, with the

exception of disability benefits for which provisions are otherwise

made in Section 49-100.1 et seq. of this title, the actuarial

liability for which has not been included in such Board's annual

actuarial report prior to May 1, 1994.

H. The State Board shall adopt a cost of living adjustment

actuarial assumption in its annual actuarial valuation report.
Okla. Stat. tit. 11, § 11-11-121 — OK Code / Title 11 / Section 11-11-121
Classified and unclassified service
Status: in_force

All officers and employees of a statutory strong-mayor-council

city shall be divided into the classified and the unclassified

service. The unclassified service shall consist of:

1. The mayor and councilmembers, one secretary of the mayor, if

any, the municipal judge, and one clerk or secretary of the

municipal court, if any;

2. All personnel appointed, elected or confirmed by the

council;

Oklahoma Statutes - Title 11. Cities and Towns Page 65

3. Members and secretaries of boards, commissions and other

plural authorities; 4. All personnel who serve without

compensation; and

5. Persons appointed or employed on a temporary basis to make

or conduct a special audit, inquiry, investigation, study,

examination or installation, or to perform a temporary professional

or technical service, subject to exclusions, limitations and

regulations as may be prescribed by ordinance or personnel rules.

All other officers and employees shall be in the classified service.
Okla. Stat. tit. 11, § 11-22-112.1 — OK Code / Title 11 / Section 11-22-112.1
Boarding and securing dilapidated building -
Status: in_force

Definitions.

A. After a building has been declared dilapidated, as provided

in Section 22-112 of this title, and before the commencement of the

tearing and removal of a dilapidated building, the governing body of

any municipality may authorize that such a building be boarded and

secured. However, if the dilapidated building is vacant and unfit

for human occupancy, the governing body of any municipality may

authorize the structure to be demolished pursuant to Section 22-112

of this title.

B. A governing body of any municipality may cause the premises

on which an unsecured building is located to be cleaned of trash and

weeds in accordance with the provisions of Section 22-111 of this

title.

C. A governing body of any municipality may cause an unsecured

building to be boarded and secured in accordance with the following

procedures:

1. Before the governing body orders such action, at least ten

(10) days' notice that such unsecured building is to be boarded and

secured shall be given by mail to any property owners and mortgage

holders as provided in Section 22-112 of this title. At the time of

Oklahoma Statutes - Title 11. Cities and Towns Page 167

mailing of notice to any property owner or mortgage holder, 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. A copy of the notice shall also be

posted on the property to be affected. However, if neither the

property owner nor mortgage holder can be located, notice may be

given by posting a copy of the notice on the property or by

publication as defined in Section 1-102 of this title. Such notice

shall be published one time, not less than ten (10) days prior to

any hearing or action by the municipality pursuant to the provisions

of this section. If a municipal governing body anticipates summary

abatement of a nuisance in accordance with the provisions of

paragraph 9 of this subsection, the notice shall state: that any

subsequent need for boarding and securing the building within a six-

month period after the initial boarding and securing of the building

pursuant to such notice may be summarily boarded and secured by the

municipal governing body; that the costs of such boarding and

securing shall be assessed against the owner; and that a lien may be

imposed on the property to secure such payment, all without further

prior notice to the property owner or mortgage holder;

2. The owner of the property may give written consent to the

municipality authorizing the boarding and securing of such unsecured

building and to the payment of any costs incurred thereby. By

giving written consent, the owner waives any right the owner has to

a hearing by the municipal governing body;

3. If the property owner does not give written consent to such

actions, a hearing may be held by the municipal governing body to

determine whether the boarding and securing of such unsecured

building would promote and benefit the public health, safety or

welfare. Such hearing may be held in conjunction with a hearing on

the accumulation of trash or the growth of weeds or grass on the

premises of such unsecured building held pursuant to the provisions

of paragraph 3 of subsection A of Section 22-111 of this title. In

making such determination, the governing body shall apply the

following standard: the governing body may order the boarding and

securing of the unsecured building when the boarding and securing

thereof would make such building less available for transient

occupation, decrease a fire hazard created by such building, or

decrease the hazard that such building would constitute an

attractive nuisance to children.

Upon making the required determination, the municipal governing

body may order the boarding and securing of the unsecured building;

4. After the governing body orders the boarding and securing of

such unsecured building, the municipal clerk shall immediately file

a notice of unsecured building and lien with the county clerk

describing the property, stating the findings of the municipality at

the hearing at which such building was determined to be unsecured,

Oklahoma Statutes - Title 11. Cities and Towns Page 168

and stating that the municipality claims a lien on the property for

the costs of boarding and securing such building and that such costs

are the personal obligation of the property owner from and after the

date of filing the notice;

5. Pursuant to the order of the governing body, the agents of

the municipality are granted the right of entry on the property for

the performance of the boarding and securing of such building and

for the performance of all necessary duties as a governmental

function of the municipality;

6. After an unsecured building has been boarded and secured,

the governing body shall determine the actual costs of such actions

and any other expenses that may be necessary in conjunction

therewith including the cost of the notice and mailing. The

municipal clerk shall forward a statement of the actual costs

attributable to the boarding and securing of the unsecured building

and a demand for payment of such costs, by mail to any property

owners and mortgage holders as provided in Section 22-112 of this

title. At the time of mailing of the statement of costs to any

property owner or mortgage holder, 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.

If a municipality boards and secures any unsecured building, the

cost to the property owner shall not exceed the actual cost of the

labor, materials and equipment required for the performance of such

actions. If such actions are done on a private contract basis, the

contract shall be awarded to the lowest and best bidder;

7. When payment is made to the municipality for costs incurred,

the municipal clerk shall file a release of lien, but if payment

attributable to the actual costs of the boarding and securing of the

unsecured building is not made within thirty (30) days from the date

of the mailing of the statement to the owner of such property, the

municipal clerk shall forward a certified statement of the amount of

the costs to the county treasurer of the county in which the

property is located. Once certified to the county treasurer,

payment may only be made to the county treasurer except as otherwise

provided for in this section. At the time of collection the county

treasurer shall collect a fee of Five Dollars ($5.00) for each

parcel of property and such fee shall be deposited to the general

fund of the county. The costs shall be levied on the property and

collected by the county treasurer as are other taxes authorized by

law. Until fully paid, the costs and the interest thereon shall be

the personal obligation of the property owner from and after the

date the notice of unsecured building and lien is filed with the

county clerk. In addition the costs and the interest thereon shall

be a lien against the property from the date the notice of the lien

is filed with the county clerk. The lien shall be coequal with the

lien of ad valorem taxes and all other taxes and special assessments

Oklahoma Statutes - Title 11. Cities and Towns Page 169

and shall be prior and superior to all other titles and liens

against the property. The lien shall continue until the costs and

interest are fully paid. If the county treasurer and the

municipality agree that the county treasurer is unable to collect

the assessment, the municipality may pursue a civil remedy for

collection of the amount owing and interest thereon by an action in

personam against the property owner and an action in rem to

foreclose its lien against the property. A mineral interest if

severed from the surface owner, shall not be subject to any tax or

judgment lien created pursuant to this section. Upon receiving

payment, the municipal clerk shall forward to the county treasurer a

notice of such payment and shall direct discharge of the lien;

8. The municipality may designate by ordinance an

administrative officer or administrative body to carry out the

duties of the governing body specified in subsection C of this

section. The property owner or mortgage holder 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) days after the administrative order is rendered;

9. If a municipal governing body causes a structure within the

municipal limits to be boarded and secured, any subsequent need for

boarding and securing within a six-month period constitutes a public

nuisance and may be summarily boarded and secured without further

prior notice to the property owner or mortgage holder. At the time

of each such summary boarding and securing, the municipality shall

notify the property owner and mortgage holder of the boarding and

securing and the costs thereof. The notice shall state that the

property owner may request an appeal with the municipal clerk within

ten (10) days after the mailing of the notice. The notice and

hearing shall be as provided for in paragraph 1 of this subsection.

Unless otherwise determined at the hearing the cost of such boarding

and securing shall be determined and collected as provided for in

paragraphs 6 and 7 of this subsection;

10. A governing body of any municipality may determine that a

building is unsecured and order that such building be boarded and

secured in the manner provided for in this subsection even though

such building has not been declared, by the governing body, to be

dilapidated; and

11. For the purposes of this subsection:

a. "boarding and securing" or "boarded and secured" means

the closing, boarding or locking of any or all

exterior openings so as to prevent entry into the

structure,

b. "unsecured building" shall mean any structure which is

not occupied by a legal or equitable owner thereof, or

by a lessee of a legal or equitable owner, and into

Oklahoma Statutes - Title 11. Cities and Towns Page 170

which there are one or more unsecured openings such as

broken windows, unlocked windows, broken doors,

unlocked doors, holes in exterior walls, holes in the

roof, broken basement or cellar hatchways, unlocked

basement or cellar hatchways or other similar

unsecured openings which would facilitate an

unauthorized entry into the structure, and

c. "unfit for human occupancy" means a structure that due

to lack of necessary repairs is considered

uninhabitable and is a hazard to the health, safety,

and welfare of the general public.

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

property zoned and used for agricultural purposes.
Okla. Stat. tit. 11, § 11-22-134 — OK Code / Title 11 / Section 11-22-134
Purchasing or accounts payable - Approval by electronic
Status: in_force

process.

Notwithstanding any other provisions of the Oklahoma Statutes,

any municipal document, other than checks, drafts or warrants,

relating to purchasing or accounts payable may be approved by the

municipality by an electronic process in lieu of a manual process.
Okla. Stat. tit. 11, § 11-41-104 — OK Code / Title 11 / Section 11-41-104
Plats must be certified and acknowledged
Status: in_force

When the plat or map is completed, it shall be certified by a

registered land surveyor who has prepared it and the landowner. At

or before the time of offering the plat or map for record, the plat

or map must be acknowledged before some person authorized to take

acknowledgment of deeds. A certificate of such acknowledgment shall

be endorsed on the plat or map. The certificate of the survey and

acknowledgment shall also be recorded and form a part of the record.
Okla. Stat. tit. 11, § 11-47-110 — OK Code / Title 11 / Section 11-47-110
Overruling planning commission action by council
Status: in_force

Any action of the commission as set forth in any report,

recommendation, order or decision of the commission, which, by law,

is required to be submitted to the council for approval, disapproval

or further action, may be overruled by the council only by the vote

of not less than a majority of the entire membership of such

council.
Okla. Stat. tit. 11, § 11-50-105.3 — OK Code / Title 11 / Section 11-50-105.3
Certified estimate of rate of contribution required,
Status: in_force

accumulated contributions and other assets of System.

The State Board shall certify to the Director of the Office of

Management and Enterprise Services, the Speaker of the House of

Representatives, and the President Pro Tempore of the Senate, on or

before November 1 of each year, an actuarially determined estimate

of the rate of contribution which will be required, together with

all accumulated contributions and other assets of the System to pay

by level-dollar payments all liabilities which shall exist or accrue

pursuant to the provisions of the System, including amortization of

the unfunded accrued liability over a period of not to exceed thirty

(30) years beginning July 1, 1988.
Okla. Stat. tit. 11, § 11-32-116 — OK Code / Title 11 / Section 11-32-116
Easements on streets and alleys for parking stations -
Status: in_force

Lease of parking stations by municipality.

A. For the purposes of this article, the right of public use

and of the enjoyment of the streets and alleys within any

municipality, heretofore or hereafter dedicated or otherwise

established, is hereby declared to constitute an easement on the

land upon which the streets and alleys are located. Such easement

is hereby vested in the State of Oklahoma with all incidents of

ownership thereof, except as provided in subsection B of this

section; provided, that the management of such easements located

within any municipality is hereby delegated to the municipality

except insofar as the management of the easements has been, or

hereafter shall be expressly restricted by law. The proprietary

right in the easements and the management thereof shall not operate

to alter, impair or divest in any manner whatsoever the state or any

of its political subdivisions to the extent of any delegation by the

Oklahoma Statutes - Title 11. Cities and Towns Page 291

state of the governmental control and regulation of the use and

enjoyment of streets and alleys as thoroughfares.

B. All improvements made to any street or alley and all

maintenance and repair thereof shall be effected solely pursuant to

the governmental control and regulation of the streets and alleys as

thoroughfares; and the ownership and management of the easements

described herein as such shall not include the right of improvement

or maintenance of the easements.

C. For the purpose of expediting traffic and the use and

enjoyment by the public of the easements described herein for

throughfares, each municipality to which management thereof is

delegated may prohibit parking or may designate specific portions of

the easements for limited use for vehicle parking; may prescribe the

limitations of such use for specified periods of time; may fix and

collect a fee or charge for such limited and special use by vehicle

operators, which fee or charge may be required to be paid in advance

for each specified period of time; may lease designated portions of

the easements for the operation of limited vehicle parking thereon

upon the condition that the lessee under any such lease shall make

no greater charges for vehicle parking on the leased portion or

different periods of parking use than shall be specified in the

lease. Each municipality, by ordinance, may protect any self-

operated or leased parking stations or any portions of the easements

designated for prohibited or limited vehicular parking from

unauthorized trespass, may penalize violations, and authorize the

removal and impoundment and sale for costs of removal and penalties

of any trespassing vehicle. All revenues derived from fees and

charges by any municipality and all lease rentals from the leasing

of the easements shall be received by the municipality as

compensation for its management of the easements.

D. Any lease made pursuant to this article shall constitute an

enforceable contract between the respective municipality and its

lessee, and shall not be impaired by any action of the municipality

during its effective term. Nothing herein appearing to the contrary

shall imply any surrender, divestiture, limitation or impairment of

any lawful governmental power of the state or any of its political

subdivisions in relation to any subject whatsoever.Oklahoma Statutes - Title 11. Cities and Towns Page 12
Okla. Stat. tit. 11, § 11-27-119 — OK Code / Title 11 / Section 11-27-119
Jury trials - Qualifications of jurors
Status: in_force

In all prosecutions in the municipal court for any offense for

which the municipality, with the concurrence of the court, seeks

imposition of a fine of more than Five Hundred Dollars ($500.00),

excluding court costs, or imprisonment, or both such fine and

imprisonment, a jury trial shall be had unless waived by the

defendant and the municipality, provided that the municipality has

compiled its penal ordinances in accordance with the provisions of

Sections 14-109 and 14-110 of this title. If the municipality has

Oklahoma Statutes - Title 11. Cities and Towns Page 248

not compiled its ordinances as provided by law, the fine shall not

exceed Fifty Dollars ($50.00). In prosecutions for all other

offenses, or in cases wherein a jury trial is waived by the

defendant and the municipality, trial shall be to the court. A jury

in the municipal court shall consist of six (6) jurors, five of whom

may return a verdict. Jurors shall be good and lawful men or women,

citizens of the county in which the court sits, having the

qualifications of jurors in the district court.
Okla. Stat. tit. 11, § 11-22-156 — OK Code / Title 11 / Section 11-22-156
Submission of question of issuance of revenue
Status: in_force

obligations to finance improvement of public utility to voters.

Prior to and as a condition precedent to issuing revenue

obligations under the Oklahoma Municipal Utility Revenue Bond Act,

the governing body of a municipality shall submit the question of

issuance of revenue obligations to finance improvements to a public

utility or combination of public utilities if:

1. The improvements are with respect to a public utility or

utilities owned by the municipality or by a public trust having the

municipality as its beneficiary at the time of the election; and

2. The original acquisition, purchase or construction of the

public utility or utilities on which improvements are to be made was

not approved by a lawful majority of qualified voters of the

municipality voting at an election for that purpose; or

3. The original acquisition, purchase or construction of the

public utility or utilities on which improvements are to be made was

not accomplished and financed by a public trust of which the

municipality is a beneficiary.Oklahoma Statutes - Title 11. Cities and Towns Page 8
Okla. Stat. tit. 11, § 11-37-101 — OK Code / Title 11 / Section 11-37-101
Definitions
Status: in_force

For the purpose of Sections 37-101 through 37-127, the term

"waterworks" shall mean any water supplies, facilities, plants and

equipment necessary for the supply and distribution of water,

Oklahoma Statutes - Title 11. Cities and Towns Page 368

including, but not limited to, dams, lakes, reservoirs, canals,

wells, water plants and pipelines.
Okla. Stat. tit. 11, § 11-50-129 — OK Code / Title 11 / Section 11-50-129
Appeals
Status: in_force

Notwithstanding any other provision of law, any aggrieved party

may appeal the decision of the State Board in granting, denying or

adjusting a pension or retirement benefit, and such appeal shall be

made in the district court of Oklahoma County. The appeal shall be

commenced within thirty (30) days after the date of the State

Oklahoma Statutes - Title 11. Cities and Towns Page 680

Board's decision. Notice of the intent to appeal shall be given by

the aggrieved party to the State Board within ten (10) days after

the date of the State Board's decision. The proceedings, practice,

and standards of review in the district court shall be governed by

the Administrative Procedures Act except as otherwise provided in

this section. The district court may affirm, reverse or modify the

decision of the State Board. The court may also remand the cause

with specific instructions to the State Board. The court costs and

expense of preparation of any transcript shall be paid by the losing

party. All other legal actions or proceedings against the Oklahoma

Police Pension and Retirement Board, the Oklahoma Police Pension and

Retirement System or its employees or agents shall be brought in the

district court of Oklahoma County.
Okla. Stat. tit. 11, § 11-36-409 — OK Code / Title 11 / Section 11-36-409
Limitation on certain collections and bond sales for
Status: in_force

widening streets.

A. Any municipality that proposes to widen an existing two-lane

street to a width which would permit four or more lanes of traffic

shall be liable for the entire costs of the improvement, except that

portion of the costs that may be paid by the board of county

commissioners, the State of Oklahoma, the United States of America,

or the amount set forth in a petition for street improvements as

assessable against property owners.

B. No assessments shall be collected nor shall any improvement

bonds which are to be paid from assessment collections be sold or

assigned after April 28, 1971, which relate to the financing or a

widening project for which assessments are prohibited under

subsection A of this section and unless the improvement has been

completed as of April 28, 1971.
Okla. Stat. tit. 11, § 11-2-107 — OK Code / Title 11 / Section 11-2-107
Effect of incorporation - Filing - Judicial notice -
Status: in_force

Challenges.

The order declaring incorporation of a municipality, issued by

the board of county commissioners as provided in Sections 3-105, 4-

105 and 5-104 of this title or issued by the town board of trustees

as provided in Section 4-103 of this title, shall be recorded in the

office of the county clerk in the county in which the situs of the

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

State and in the archives of the municipality. The order shall be

conclusive evidence of incorporation in all suits by or against the

municipality and shall be judicially noticed in all court

proceedings without specifically pleading or alleging incorporation.

Anyone wishing to challenge the formation, incorporation or

organization of an incorporated municipality must bring action in

the district court in the county in which the situs of the

municipality is located within sixty (60) days after the date of the

order declaring incorporation.
Okla. Stat. tit. 11, § 11-39-110 — OK Code / Title 11 / Section 11-39-110
Apportionment of cost - Funding sources - Limitation of
Status: in_force

assessment - Assessment roll - Hearings on assessments.

A. Following a hearing held pursuant to Section 39-108 of this

title, the governing body shall determine the maximum portion of the

total estimated cost of the improvement that shall be assessed

against benefited tracts or parcels of land or, if a contract for

construction or acquisition of improvements has already been

awarded, the portion of the total actual cost of the improvement to

be assessed against such tracts or parcels. The maximum annual

assessment may include the estimated costs of the administration and

collection of assessments and the administration of associated bonds

or other related funds. The governing body may use funds from any

source, public or private, to pay for all or a portion of the

assessment or the cost of the improvement. The assessment,

including the cost of the improvement at an intersection, shall not

exceed the estimated benefit to the tract or parcel of land

assessed. Provided, however, the cost per front foot to be assessed

against the benefiting property for paving a street, for paving

alone, shall not exceed the cost per front foot assessed for paving

a street that does not exceed thirty-six (36) feet in width.

B. With the assistance of the engineer, the governing body

shall prepare and cause to be filed in the office of the city clerk

an assessment roll containing, among other things:

1. The name and address of the last-known owner of each tract

or parcel of land to be assessed, or if the name of the owner is

unknown, state "unknown". The name and address of the owner of each

tract of land shall be obtained from the records of the county

treasurer;

2. A description of the tract or parcel of land to be assessed;

and

3. The amount of the assessment against each tract or parcel of

land.

C. After the filing of the assessment roll, the governing body

shall, by resolution, set a time and place for the assessment

hearing when an owner may object to the amount of the assessment.

D. Not more than thirty (30) days nor less than ten (10) days

before the day of the hearing, the city clerk, the city clerk’s

deputy or the engineer shall mail the notice of the hearing on the

assessment roll to the owner of the tract or parcel of land being

assessed the cost of the improvement. Proof of the mailing is to be

made by affidavit of the city clerk, the city clerk’s deputy or the

engineer, which shall be filed in the office of the city clerk.

Oklahoma Statutes - Title 11. Cities and Towns Page 439

Failure of the owner to receive any notice shall not invalidate any

of the proceedings authorized in the Improvement District Act.

Notice of the hearing shall also be published. The last publication

shall be at least seven (7) days prior to the day of the hearing.

Such service by publication shall be verified by an affidavit of the

publisher which is to be filed in the office of the city clerk.

E. Any property which shall be owned by the city, town or

county, or any board of education or school district, shall be

treated and considered the same as the property of other owners, and

such city, town, county, school district or board of education

within such 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,

or, in the event the same is not paid in full without interest

within said thirty-day period, such city, town, county, school

district or board of education shall annually provide by the levy of

taxes a sufficient sum to pay the maturing installments of

assessments and interest thereon.
Okla. Stat. tit. 11, § 11-47-101 — OK Code / Title 11 / Section 11-47-101
Application and definitions
Status: in_force

The provisions of Sections 47-101 through 47-124 of this title

are applicable to all cities which have a population of not less

than two hundred thousand (200,000) according to the latest federal

census. The following terms, when used in this article, shall have

the meanings respectively provided for them in this section:

1. "Municipality" means any incorporated city of over two

hundred thousand (200,000) population;

2. "Mayor" means the chief executive of the municipality,

whether the official designation of his office be mayor, city

manager, or otherwise;

3. "Council" means the chief legislative body of the

municipality;

4. "Streets" includes streets, avenues, boulevards, roads,

lanes, alleys, viaducts, and other ways;

Oklahoma Statutes - Title 11. Cities and Towns Page 498

5. "Subdivision" means the division of a lot, tract, or parcel

of land into two or more lots, plats, sites, or other divisions of

land for the purpose, whether immediate or future, of sale or of

building development. It includes resubdivision and when

appropriate to the context, relates to the process of subdividing or

to the land or territory subdivided; and

6. "Commission" means the city planning commission.
Okla. Stat. tit. 11, § 11-51-106 — OK Code / Title 11 / Section 11-51-106
Arbitration
Status: in_force

In the event that the bargaining agent and the corporate

authorities are unable, within thirty (30) days from and including

the date of the first meeting, to reach an agreement on a contract,

any and all unresolved issues shall be submitted to arbitration,

upon request of either party.
Okla. Stat. tit. 11, § 11-11-116 — OK Code / Title 11 / Section 11-11-116
Purchases and sales by mayor - Competitive bidding -
Status: in_force

Transfer of mayor's powers.

A. The mayor, subject to any regulations which the council may

prescribe, shall contract for, purchase, or issue purchase

authorizations for all supplies, materials and equipment for

offices, departments and agencies of the city government. Every

contract or purchase exceeding an amount to be established by

ordinance shall require the prior approval of the council. The

mayor may also sell or transfer to or between offices, departments

and agencies, surplus or obsolete supplies, materials and equipment,

subject to regulations as the council may prescribe.

B. The council by ordinance may prescribe requirements and

procedures for competitive bidding. Notice and opportunity for

competitive bidding, in accordance with regulations as the council

may prescribe, shall then be given before a purchase or contract for

supplies, materials or equipment is made. The council shall not

exempt a particular contract, purchase or sale from the requirement

of competitive bidding.

C. The council by ordinance may transfer some or all of the

power granted to the mayor by this section to an officer appointed

by and subordinate to the mayor.
Okla. Stat. tit. 11, § 11-41-105 — OK Code / Title 11 / Section 11-41-105
Certificate as to payment of taxes required before plat
Status: in_force

is recorded.

A. No plat or map may be accepted for record or be recorded by

the county clerk unless it bears the certificate of the county

treasurer of the county in which the tract or parcel of land is

located, certifying that:

1. All taxes for all previous years, which taxes have been

levied against the tract or parcel of land involving the plat,

including improvements thereon, have been paid; and

2. All taxes for the year during which the plat or map is

offered for record, which taxes shall be levied against the land to

be platted, excluding improvements thereon, have been paid;

provided, if the plat to be certified is a replat, or a plat within

a plat, the requirement set forth herein shall only apply to the

extent that the boundaries of the tracts or parcels of land which

are the subject of the replat or plat vary from the original plat.

B. The county assessor of the county in which the land to be

platted is located shall determine the taxes due for the year during

which the plat is offered for record based on the assessed value of

the land to be platted, excluding all improvements thereon; shall

place the tax so determined on the tax rolls for that year; and

shall notify the county treasurer of such taxes due. In the event

the taxes due have not been determined by the county assessor as

required in this section or the county treasurer has not been

notified of the taxes due on the land to be platted, excluding all

improvements thereon, then the owner of the property to be platted,

whether in whole or in part, or his agent submitting the plat for

record, shall make a security deposit in cash with the county

treasurer or a bond executed by a bonding company authorized to do

business in the State of Oklahoma. The security deposit or bond

shall be in an amount equal to:

1. The sum charged upon the last tax rolls in the office of the

county treasurer against the tract or parcel of land involving the

plat, whether in whole or in part, excluding all improvements

thereon; and

Oklahoma Statutes - Title 11. Cities and Towns Page 455

2. Twenty-five percent (25%) of the sum of such taxes as

assurance against increase of tax charges for the taxable year in

which the plat is offered.

The security deposit or bond shall be held by the county treasurer

until the tax rolls for the county have been made up for the taxable

year and the tax charge against the tract, excluding all

improvements thereon, has become fixed. Upon the payment of all the

tax so charged, or applied thereto out of the cash deposit, the

remainder of the deposit shall be refunded or the bond released.
Okla. Stat. tit. 11, § 11-42-114 — OK Code / Title 11 / Section 11-42-114
Limitation on claims for damages
Status: in_force

No one may maintain an action for damages against the parties

obtaining a decree of vacation of a public way or easement, their

heirs, assigns, or successors, unless commenced within ninety (90)

days after the decree of vacation has been rendered or the decree

has become final if an appeal has been taken.
Okla. Stat. tit. 11, § 11-40-113 — OK Code / Title 11 / Section 11-40-113
Definitions
Status: in_force

The following terms, whenever used or referred to in this act,

shall, unless a different intent clearly appears from the context,

be constructed to have the following meaning:

1. "Blighted conditions" means conditions which, because of the

presence of a majority of the following factors, substantially

impair or arrest the sound development and growth of the

municipality or constitute an economic or social liability or are a

menace to the public health, safety, morals or welfare in its

present condition and use:

a. a substantial number of deteriorated or deteriorating

structures,

b. predominance of defective or inadequate street layout,

c. unsanitary or unsafe conditions,

d. deterioration of site improvements,

e. absentee ownership,

Oklahoma Statutes - Title 11. Cities and Towns Page 452

f. tax or special assessment delinquency exceeding the

fair value of the land,

g. defective or unusual conditions of title,

h. improper subdivision or obsolete platting or land

uses,

i. the existence of conditions which endanger life or

property by fire and other causes, or

j. conditions which create economic obsolescence, or

areas containing obsolete, nonfunctioning or

inappropriately developed structures;

2. "Governing body" means the city council, city commission or

town board of trustees;

3. "Neighborhood" means a contiguous geographic area within a

city or town that is characterized by a predominant building style

or function, and may apply to residential, commercial or industrial

areas;

4. "Program plan" means a plan for the redevelopment of all or

a portion of a redevelopment district, which the governing body of a

city or town has found to contain blighted conditions, so that the

clearance, replatting, rehabilitation or reconstruction thereof is

necessary to effectuate the purposes of this act;

5. "Project plan" means a specific work or improvement to

effectuate all or a portion of a program plan;

6. "Redevelopment" shall mean the clearance, planning,

construction, rehabilitation, or renovation of all or a portion of a

redevelopment district, and the provision for such industrial,

commercial, retail, residential or public structures and spaces as

may be appropriate, including recreational and other facilities

incidental or appurtenant thereto;

7. "Redevelopment district" means that portion of a city or

town which the governing body of such city or town has found to

contain blighted conditions;

8. "Redevelopment plan" means a plan for the redevelopment of

all or a portion of a redevelopment district; and

9. "Redevelopment trust" means a public trust established in

accordance with Section 176 et seq. of Title 60 of the Oklahoma

Statutes which has the power to undertake redevelopment activities.
Okla. Stat. tit. 11, § 11-49-122 — OK Code / Title 11 / Section 11-49-122
Deductions from salaries of fire department members -
Status: in_force

Picked up contributions - Deposit of funds - City charters

superceded.

A. Each municipality having a paid member of a fire department

shall deduct monthly from the salary of each member of the fire

department of such municipality an amount equal to nine percent (9%)

of the actual paid gross salary of each member of the fire

department. The deduction shall be considered the minimum

deduction. At the option of the municipality, the municipality may

pay all or any part of the member's required contribution. The

treasurer of each municipality shall deduct the authorized

deductions from the salary of each paid member of the fire

department. The treasurer of the municipality shall deposit within

ten (10) days from each ending payroll date in the System the amount

deducted from the salary of each member of the fire department.

Amounts deducted from the salary of a member and not paid to the

System after thirty (30) days from each ending payroll date shall be

subject to a monthly late charge of one and one-half percent (1

1/2%) of the unpaid balance to be paid by the municipality to the

System.

Oklahoma Statutes - Title 11. Cities and Towns Page 583

Each municipality shall pick up under the provisions of Section

414(h)(2) of the Internal Revenue Code of 1986, as amended, and pay

the contribution which the member is required by law to make to the

System for all compensation earned after December 31, 1988.

Although the contributions so picked up are designated as member

contributions, such contributions shall be treated as contributions

being paid by the municipality in lieu of contributions by the

member in determining tax treatment under the Internal Revenue Code

of 1986, as amended, and such picked up contributions shall not be

includable in the gross income of the member until such amounts are

distributed or made available to the member or the beneficiary of

the member. The member, by the terms of this System, shall not have

any option to choose to receive the contributions so picked up

directly and the picked up contributions must be paid by the

municipality to the System.

Member contributions which are picked up shall be treated in the

same manner and to the same extent as member contributions made

prior to the date on which member contributions were picked up by

the municipality. Member contributions so picked up shall be

included in salary for purposes of the System.

The municipality shall pay the member contributions from the

same source of funds used in paying salary to the member, by

effecting an equal cash reduction in gross salary of the member, or

by an offset against future salary increases, or by a combination of

reduction in gross salary and offset against future salary

increases.

The treasurer of each municipality shall deduct the picked up

contributions from the salary of each paid member of the fire

department. The treasurer of the municipality shall deposit monthly

in the System the amount picked up from the salary of each member of

the fire department.

B. Each municipality having a paid member of a fire department

shall deposit monthly with the State Board an amount equal to the

following:

1. Prior to July 1, 1991, ten percent (10%) of the total actual

paid gross salaries of the members of the fire department;

2. Beginning July 1, 1991 through June 30, 1992, ten and one-

half percent (10 1/2%) of the total actual paid gross salaries of

the members of the fire department;

3. Beginning July 1, 1992 through June 30, 1993, eleven percent

(11%) of the total actual paid gross salaries of the members of the

fire department;

4. Beginning July 1, 1993 through June 30, 1994, eleven and

one-half percent (11 1/2%) of the total actual paid gross salaries

of the members of the fire department;

Oklahoma Statutes - Title 11. Cities and Towns Page 584

5. Beginning July 1, 1994 through June 30, 1995, twelve percent

(12%) of the total actual paid gross salaries of the members of the

fire department;

6. Beginning July 1, 1995 through June 30, 1996, twelve and

one-half percent (12 1/2%) of the total actual paid gross salaries

of the members of the fire department;

7. Beginning July 1, 1996, thirteen percent (13%) of the total

actual paid gross salaries of the members of the fire department;

and

8. Beginning November 1, 2013, fourteen percent (14%) of the

total actual paid gross salaries of the members of the fire

department.

C. Each county or municipality having a volunteer member of a

fire department shall deposit yearly with the State Board Sixty

Dollars ($60.00) for each volunteer member of the department.

Provided, the above-mentioned volunteer county or municipal

contributions shall be reevaluated by the next scheduled actuarial

study and the amounts adjusted so that in a nine-year period of

time, the amounts would reflect the actuarial recommendations at

that time. Any county or municipality with an income of less than

Twenty-five Thousand Dollars ($25,000.00) to its general fund during

a fiscal year shall be exempt from the provisions of this

subsection.

Any municipality that fails to comply with the provisions of

this section shall not be entitled to its proportionate share of the

Motor Fuel Excise Tax which is received through the Oklahoma Tax

Commission. Any county or municipality may exceed the amount of

contribution required by this section.

The provisions of this section shall supersede any city charter

provision in direct conflict with this section.
Okla. Stat. tit. 11, § 11-22-129 — OK Code / Title 11 / Section 11-22-129
Tax warrants against lots for special assessments or
Status: in_force

for abatement of public nuisance.

A. Where municipal improvements of any character are made by

special assessments upon the abutting lots, or upon blocks, or where

a special assessment may be created by ordinance for the direct

benefit of a limited locality in a municipality, the governing body

may issue a tax warrant against each separate abutting lot, in the

manner provided by law, which shall be a valid lien on the lot and

shall be extended, collected and bear a like penalty with other

taxes of the state, county or municipality.

B. Where a municipality has abated any public nuisance in

accordance with state law or municipal ordinance, the governing body

may issue a tax warrant against each separate lot that was actually

abated, in the manner provided by law, which shall be a valid lien

on the lot and shall be extended, collected and bear a like penalty

with other taxes of the state, county or municipality.
Okla. Stat. tit. 11, § 11-21-103 — OK Code / Title 11 / Section 11-21-103
Cities or towns - Annexation procedure
Status: in_force

A. Before the governing body of a city or town may annex any

territory adjacent or contiguous to the city or town, it must obtain

the written consent of the owners of at least a majority of the

acres to be annexed to the municipality and provide for notice and a

public hearing on the proposed annexation of the territory in the

manner provided in subsection B of this section. The annexation of

land by a connecting strip serving no municipal purpose other than

to establish statutory contiguity or adjacentness, or to capture

territory within the area to be annexed, constitutes an

impermissible exercise of state-delegated authority by a

municipality and shall be prohibited.

B. The governing body shall provide the notice and public

hearing required in subsection A of this section in the following

manner:

1. The governing body of the municipality shall direct that

notice of the proposed annexation of the territory be published in a

legally qualified newspaper of general circulation in the territory

and shall describe the boundaries of the territory proposed to be

annexed by reference to a map, geographical locations, legal or

physical description or other reasonable designation. The notice

shall state the date, time, and place the governing body shall

conduct a public hearing on the question of annexing the territory.

The notice shall be published in a legal newspaper of general

circulation in the territory sought to be annexed within fourteen

(14) days following the date the governing body directed the notice

to be published;

2. A copy of the notice of annexation shall be mailed by first-

class mail to all owners of property to be annexed as shown by the

current year's ownership rolls in the office of the county treasurer

Oklahoma Statutes - Title 11. Cities and Towns Page 135

and to all owners of property abutting any public right-of-way that

forms the boundary of the territory proposed to be annexed and to

the Sales and Use Tax Division of the Oklahoma Tax Commission;

provided that the notice of annexation shall be mailed by certified

mail to every person who owns a parcel of land of five (5) acres or

more used for agricultural purposes; and

3. The public hearing of such annexation shall be held no

earlier than fourteen (14) days nor more than thirty (30) days

following the publication and mailing of the notice.

C. Unless otherwise provided by law, a roadway or road right-

of–way that is adjacent or contiguous to the territory to be annexed

shall be considered a part and parcel to the territory to be

annexed.

D. 1. Before any territory is annexed to a municipality, and

prior to the publication of notice pursuant to subsection B of this

section, the municipality shall prepare a plan to extend municipal

services including, but not limited to, water, sewer, fire

protection, law enforcement and the cost of such services

appropriate to the proposed annexed territory. The plan shall be

included in the notices published and mailed pursuant to subsection

B of this section. The plan shall provide that the municipality

complete the implementation of the plan in accordance with any

existing capital improvement plan applicable to the portion of the

municipality adjacent to the territory proposed to be annexed. If

no such capital improvement plan has been adopted, the municipality

shall complete the service plan within one hundred twenty (120)

months from the date of annexation unless a different time is

determined by consensus between property owners and the municipality

at the hearing. The time for completion of the service plan shall

be set forth in the ordinance annexing the territory. If

municipality services are not substantially complete within the

prescribed time, then the affected owners may either directly

petition a court of competent jurisdiction for enforcement of

completion of the planned services or may bring a process for

detachment as provided in Section 21-110 of this title. For

purposes of this subsection, services may be provided by any method

or means available to the municipality to extend municipal services

to any other area of the city or town.

2. If the municipality fails to detach pursuant to Section 21-

110 of this title, then the majority of the annexed territory's

registered voters may file a petition with the municipality to

detach the territory. The petition shall include a legal

description of the area to be detached, contain a plat or similar

depiction of the area and detail the reason for detachment. The

territory petitioned to be detached shall not be platted as a

subdivision of the municipality to which it is seeking to be

detached, shall have at least one border not within the municipality

Oklahoma Statutes - Title 11. Cities and Towns Page 136

limits to which the property is seeking to be detached, and shall

plead the allegations of failure of the municipality to

substantially complete the services set forth in the annexation.

Such petition shall be filed with the municipal clerk. If the

municipality fails or refuses to detach the area within ninety (90)

days of receipt of the petition, any of the petitioners may bring a

cause of action in district court to request detachment. The

district court shall enter an order detaching the property if the

court finds a valid petition was filed with the municipality and the

municipality failed to perform its obligations in accordance with

the service plan.

E. Subject to the requirements of subsections A and B of this

section, if the municipality fails to reach the thresholds of

consent of owners, a municipality may annex a territory which is

bordered by at least fifty percent (50%) by property within

municipal limits without such consent in the limited circumstance

where the governing board proves beyond a preponderance of the

evidence that the annexation will provide more benefit to all owners

than being excluded. Owners can refute more benefit by showing

lower current utility rates, trash rates, or sanitation rates than

rates offered by the municipality. For emergency services, owners

can show response time comparisons and costs of service. Any

determination of less benefit shall result in a judgment for the

owners. The board shall also show that all municipal services

offered to all other municipal residents will be provided to the

territory within one hundred twenty (120) months from the date of

annexation, unless otherwise prohibited by law. To prove such

benefit, the municipality shall petition a court of competent

jurisdiction and provide service to every person entitled to notice

under subsection A of this section. Owners in the territory shall

be permitted no less than thirty (30) days from the date of service

to present a defense. No municipality may bring a forced annexation

under this subsection more often than once per year.

F. In any situation where the territory to be annexed by any

city or town includes land owned by a state beneficiary public trust

or that was previously owned and conveyed by a state beneficiary

public trust, annexation shall require the written consent of all of

said trust and transferees of said trust.

G. The prevailing property owner in an annexation dispute shall

be entitled to court costs and reasonable attorney fees, including,

but not limited to, when a municipality withdraws, revokes or

otherwise reverses the ordinance at issue in response to litigation

before issuance of a final judgment.

H. A municipality shall not attach ad valorem taxes to an

annexed area for a sinking fund to satisfy any judgment as provided

by law if the annexed area was not part of the municipality at the

time of the judgment.

Oklahoma Statutes - Title 11. Cities and Towns Page 137

I. As used in this section:

1. "Airport" means any facility owned by any legal entity or by

a county, a municipality or a public trust having at least one

county or municipality as its beneficiary which is used primarily

for the purpose of providing air transportation of persons or goods

or both by aircraft powered through the use of propellers,

turboprops, jets or similar propulsion systems;

2. "Military installation" means those facilities constituting

the active or formerly active bases owned by the Department of

Defense or other applicable entity of the United States government

or by any entity of local government after transfer of title to such

installation; and

3. "Spaceport" means any area as defined pursuant to Section

5202 of Title 74 of the Oklahoma Statutes.

J. Except for ordinances enacted pursuant to Section 43-101.1

of this title, parcels of land five (5) acres or more used for

agricultural purposes annexed into the municipal limits on or after

July 1, 2003, or parcels of land forty (40) acres or more used for

agricultural purposes prior to annexation and have continued in

uninterrupted agriculture use annexed into the municipal limits

shall be exempt from ordinances restricting land use and building

construction to the extent such land use or construction is related

to agricultural purposes. Where there is no residence within fifty

(50) feet of the boundaries of such a parcel of land, the property

shall not be subject to ordinances regulating conduct that would not

be an offense under state law; provided, that any such property that

discharges into the municipal water, wastewater, or sewer system

shall be subject to any ordinances or regulations related to

compliance with environmental standards for that system.

K. Parcels of land situated within an area that is or may be

subject to any form of land use or other regulatory control as a

result of proximity to an airport, spaceport or military

installation shall not be exempt from municipal ordinances or other

laws regulating property for the purpose of operations necessary for

the use of an airport, spaceport or military installation and such

parcels of land shall be subject to all ordinances enacted pursuant

to Section 43-101.1 of this title.

L. If territory is annexed pursuant to this section, the

annexing governing body shall provide notice by first-class mail

together with a map and plat of the annexed territory to the Sales

and Use Tax Division of the Oklahoma Tax Commission prior to the

effective date of such annexation. The Tax Commission shall notify

the known sales tax vendors within the boundaries of the annexed

territory as provided by Section 119 of Title 68 of the Oklahoma

Statutes.

M. No municipality may annex more than the greater of ten

percent (10%) of its current land area or eight (8) square miles in

Oklahoma Statutes - Title 11. Cities and Towns Page 138

one area at any one time unless the municipality obtains the written

consent of the owners of at least sixty-five percent (65%) of the

acres to be annexed and twenty-five percent (25%) of the population

to be annexed.
Okla. Stat. tit. 11, § 11-32-103 — OK Code / Title 11 / Section 11-32-103
Acquiring land for parking stations - Title
Status: in_force

A municipal governing body, in its discretion, may acquire, by

purchase, gift or condemnation, lands for public parking stations

for the control of traffic within the corporate limits of the

municipality. In acquiring lands for public parking stations by

condemnation, the provisions of state law relating to the exercise

of eminent domain by railroads shall be followed. The title to land

condemned or otherwise acquired for parking stations shall be vested

in the municipality; and the costs thereof may be paid as provided

in Section 32-105 of this title for parking station improvements.
Okla. Stat. tit. 11, § 11-22-139 — OK Code / Title 11 / Section 11-22-139
Designating personnel to attend armed security guard
Status: in_force

training program or reserve peace officer certification program.

A. The city council or board of trustees for a city or

municipality may, through a majority vote of the council or board,

designate city or municipality personnel who have been issued a

handgun license pursuant to the Oklahoma Self-Defense Act to attend

an armed security guard training program, as provided for in Section

1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace

officer certification program, as provided for in Section 3311 of

Title 70 of the Oklahoma Statutes, provided and developed by the

Council on Law Enforcement Education and Training (CLEET). Nothing

in this section shall be construed to prohibit or limit the city

council or board of trustees of a city or municipality from

requiring ongoing education and training.

Oklahoma Statutes - Title 11. Cities and Towns Page 192

B. Participation in either the armed security guard training

program or the reserve peace officer certification program shall be

voluntary and shall not in any way be considered a requirement for

continued employment with the city or municipality. The city

council or board of trustees of a city or municipality shall have

the final authority to determine and designate personnel who will be

authorized to obtain and use an armed security guard license or

reserve peace officer certification in conjunction with their

employment as city or municipality personnel.

C. The city council or board of trustees of a city or

municipality that authorizes personnel to participate in either the

armed security guard program or the reserve peace officer program

may pay all necessary training, meal and lodging expenses associated

with the training.

D. When carrying a firearm pursuant to this act, the person

shall at all times carry the firearm on his or her person or the

firearm shall be stored in a locked and secure location.

E. Any city or municipality personnel who have successfully

completed either training and while acting in a reasonable and

prudent manner shall be immune from civil and criminal liability for

any injury resulting from the carrying of a handgun onto city or

municipality property as provided in this act. Any municipality,

city council, board of trustees or participating local law

enforcement agency shall be immune from civil and criminal liability

for any injury resulting from any act committed by the city or

municipality personnel who are designated to carry a concealed

handgun on public city or municipality property pursuant to the

provisions of this act.

F. In order to carry out the provisions of this section, the

city council or board of trustees of a city or municipality is

authorized to enter into a memorandum of understanding with local

law enforcement entities.
Okla. Stat. tit. 11, § 11-37-123 — OK Code / Title 11 / Section 11-37-123
Use of water outside corporate limits for park
Status: in_force

purposes.

Any municipality owning and operating waterworks or water plants

for the purpose of supplying the municipality and the inhabitants

Oklahoma Statutes - Title 11. Cities and Towns Page 376

thereof with water may make use of such water for park or other

public purposes without the corporate limits of the municipality.
Okla. Stat. tit. 11, § 11-16-105 — OK Code / Title 11 / Section 11-16-105
What candidate's name may be placed on general election
Status: in_force

ballot.

No candidate's name shall be printed upon the official ballot

for a general municipal election unless such candidate shall have

been nominated by some political party at the primary election or

unless his name is presented as an independent candidate as provided

in Section 16-110 of this title.
Okla. Stat. tit. 11, § 11-38-101 — OK Code / Title 11 / Section 11-38-101
Definitions and applicability
Status: in_force

The provisions of this article shall apply to all municipalities

in this state except as otherwise provided. The following terms

whenever used or referred to in Sections 38-101 through 38-119 of

this title shall have the following meanings, unless a different

meaning is clearly indicated by the context:

Oklahoma Statutes - Title 11. Cities and Towns Page 397

1. "Authority" or "Urban Renewal Authority" shall mean a public

body corporate created by Section 38-107 of this title;

2. "Public body" shall mean the state or any incorporated city,

town, board, commission, authority, district, or any subdivision or

public body of the state;

3. "Municipality" shall mean any incorporated city or town;

4. "Municipal governing body" shall mean the council, board of

trustees, or other body duly charged with governing a municipality;

5. "Mayor" shall mean the mayor of a municipality or other

officer or body having the duties customarily imposed upon the

executive head of a municipality;

6. "Clerk" shall mean the clerk or other official of a

municipality who is the custodian of the official records of the

municipality;

7. "Federal Government" shall include the United States of

America or any agency or instrumentality, corporate or otherwise, of

the United States of America;

8. "Blighted area" shall mean an area in which there are

properties, buildings, or improvements, whether occupied or vacant,

whether residential or nonresidential, which by reason of

dilapidation, deterioration, age or obsolescence, inadequate

provision for ventilation, light, air, sanitation or open spaces;

improper subdivision or obsolete platting of land; deterioration or

demolition of structures without repair, replacement or

reinvestment; improper street layout in terms of existing or

projected traffic needs, traffic congestion or lack of parking or

terminal facilities needed for existing or proposed land uses in the

area, predominance of defective or inadequate street layouts; faulty

lot layout in relation to size, adequacy, accessibility or

usefulness; insanitary or unsafe conditions, deterioration of site

or other improvements; diversity of ownership, tax or special

assessment delinquency exceeding the fair value of the land;

defective or unusual conditions of title including, but not limited

to, highly fragmented interests; any one or combination of such

conditions which the municipal governing body determines

substantially impairs or arrests the sound growth of the

municipality and constitutes a substantial liability, or which

endangers life or property by fire or other causes, or is conducive

to ill health, transmission of disease, mortality, juvenile

delinquency, or crime and by reason thereof, is detrimental to the

public health, safety, morals or welfare;

9. "Urban renewal project" or "redevelopment project" may

include undertakings and activities of a municipality, an urban

renewal authority, redevelopment corporation, person or other

corporation, in an urban renewal area for the elimination and for

the prevention of the development or spread of blight, and may

involve clearance and redevelopment in an urban renewal area, or

Oklahoma Statutes - Title 11. Cities and Towns Page 398

rehabilitation or conservation in an urban renewal area, or any

combination or part thereof in accordance with an urban renewal

plan. Such undertakings may include:

a. acquisition of a blighted area or portions thereof,

b. demolition and removal of buildings and improvements,

c. installation, construction or reconstruction of

streets, off-street parking facilities, utilities,

parks, playgrounds, and other improvements necessary

for carrying out in the urban renewal area the urban

renewal objectives of this article in accordance with

the urban renewal plan,

d. disposition of any property for uses in the urban

renewal area or the leasing or retention of such

property for uses in accordance with the urban renewal

plan,

e. carrying out plans for a program of voluntary or

compulsory repair and rehabilitation of buildings or

other improvements in accordance with the urban

renewal plan, or

f. acquisition of any other real property in the area

where necessary to eliminate unhealthful, insanitary

or unsafe conditions, lessen density, eliminate

obsolete or other uses detrimental to the public

welfare, or otherwise to remove or prevent the spread

of blight or deterioration, or to provide land for

needed public facilities;

10. "Urban renewal area" means a blighted area within which the

governing body of a municipality designates an area appropriate for

an urban renewal project;

11. "Urban renewal plan" means a plan officially adopted by the

municipal governing body, as it exists or is changed from time to

time, for an urban renewal project, which plan shall:

a. conform to the general plan for the municipality as a

whole except as provided in subsection K of Section

38-106 of this title, and

b. be sufficiently complete to indicate such land

acquisition, demolition and removal of structures,

redevelopment, improvements, and rehabilitation as may

be proposed to be carried out in the urban renewal

area, zoning and planning changes, if any, land uses,

maximum densities, building requirements, and the

plan's relationship to definite local objectives

respecting appropriate land uses, traffic, public

transportation, public utilities, recreational and

community facilities, and other public improvements,

and plans for financing the project, and plans for the

relocation of families and businesses to be displaced;

Oklahoma Statutes - Title 11. Cities and Towns Page 399

12. "Real property" shall include all lands, including

improvements and fixtures thereon, and property of any nature

appurtenant thereto, or used in connection therewith, and every

estate, interest, right and use, legal or equitable, therein,

including terms for years and liens by way of judgment, mortgage or

otherwise;

13. "Notes" shall mean any notes (including refunding notes),

interim certificates of indebtedness, debentures or other

obligations;

14. "Obligee" shall include any bondholder, agents or trustees

for any bondholders, or lessor demising to the municipality property

used in connection with an urban renewal project, or any assignee or

assignees of such lessor's interest or any part thereof, and the

Federal Government when it is a party to any contract with the Urban

Renewal Authority or the municipality;

15. "Person" shall mean any individual, firm, partnership,

corporation, company, association, joint stock association, or body

politic; and shall include any trustee, receiver, assignee, or other

person acting in a similar representative capacity;

16. "Area of operation" shall mean the area within the

corporate limits of the municipality;

17. "Board" or "Commission" shall mean a board, commission,

department, division, office, body or other unit of the

municipality;

18. "Public officer" shall mean any officer who is in charge of

any department or branch of the government of a municipality

relating to health, fire, building regulations, or to other

activities concerning dwellings in its area of operation; and

19. "Redevelopment corporation" shall mean a corporation

organized under the provisions of Section 38-117 of this title.
Okla. Stat. tit. 11, § 11-17-107 — OK Code / Title 11 / Section 11-17-107
Failure to file audit or agreed-upon-procedures report
Status: in_force

If a municipality does not file a copy of its audit or agreed-

upon-procedures report as provided in Section 17-105 of this title,

the State Auditor and Inspector shall notify the Oklahoma Tax

Commission which shall withhold from the municipality its monthly

allocations of gasoline taxes until notified by the Office of the

State Auditor and Inspector that the audit report has been filed.

If a report is not filed within two (2) years after the close of the

fiscal year in the case of an annual audit, or the second fiscal

year of a biennial audit period, the funds being withheld shall be

remitted by the Oklahoma Tax Commission to the Special Investigative

Unit Auditing Revolving Fund created pursuant to Section 4 of this

act.
Okla. Stat. tit. 11, § 11-26-109 — OK Code / Title 11 / Section 11-26-109
Cemetery Care Fund - Purchase of lands - Investment of
Status: in_force

fund.

In all municipally owned cemeteries where lots are sold or

charges made for interments, not less than twelve and one-half

percent (12.5%) of all monies received from the sale of lots and

interments shall be segregated and set aside as a permanent fund to

be known as the "Cemetery Care Fund". The Cemetery Care Fund

principal shall be expended for purchasing lands for cemeteries and

for making capital improvements as defined in Section 17-110 of this

title, if necessary. The balance of the fund may be invested in the

manner provided by law for investment of municipal funds. The

interest from the investments shall be used for the same purposes as

the principal or in improving, caring for, and embellishing the

lots, walks, drives, parks, and other necessary improvements on such

cemeteries.
Okla. Stat. tit. 11, § 11-44-110 — OK Code / Title 11 / Section 11-44-110
Appeals from the board of adjustment
Status: in_force

A. An appeal from any action, decision, ruling, judgment or

order of the board of adjustment may be taken by any person or

persons who were entitled, pursuant to Section 44-108 of this title,

to mailed notice of the public hearing before the board of

adjustment, by any person or persons whose property interests are

directly affected by such action, decision, ruling, judgment or

order of the board of adjustment, or by the governing body of the

municipality to the district court in the county in which the situs

of the municipality is located.

B. The appeal shall be taken by filing with the municipal clerk

and with the clerk of the board of adjustment, within the time

limits which may be fixed by ordinance, a notice of appeal. The

notice shall specify the grounds for the appeal. No bond or deposit

for costs shall be required for such appeal.

C. Upon filing the notice of appeal, the board of adjustment

shall forthwith transmit to the court clerk the original, or

certified copies, of all papers constituting the record in the case,

together with the order, decision or ruling of the board.

D. The appeal shall be heard and tried de novo in the district

court. All issues in any proceedings under this section shall have

preference over all other civil actions and proceedings.

E. During the pendency of such an appeal, the effectiveness of

a decision of the board of adjustment shall not be suspended unless

a party applies to the district court for a stay pending the

district court's determination of the merits of the appeal. Notice

of such application shall be given by first class mail to all

parties, to the district court appeal and to any applicant before

the board of adjustment. Upon filing of an application for stay in

the district court, all proceedings in furtherance of the action

appealed from shall be temporarily stayed pending the outcome of a

hearing regarding the stay, which shall be conducted within thirty

(30) days of application. The Court shall determine whether to

impose a stay by considering the following factors: (i) the

likelihood of success on the merits by the party seeking to impose

the stay, (ii) irreparable harm to the property interests of the

party seeking to impose the stay if the stay is not imposed, (iii)

relative effect on the other interested parties, and (iv) public

policy concerns arising out of the imposition of the stay. If the

court determines to impose a stay, the court shall require a bond or

other security and such other terms as it deems proper to secure the

rights of the parties and compensate for costs of delay. A bond or

other security shall be posted within ten (10) business days of the

court's determination; provided, that a municipal governing body

shall not be required to post a bond. Subject to subsection A of

Section 990.3 of Title 12 of the Oklahoma Statutes, a stay pursuant

to this subsection shall automatically dissolve after a judgment,

Oklahoma Statutes - Title 11. Cities and Towns Page 491

decree or final order resolving the merits of the appeal is filed

with the court clerk. Notwithstanding any provision of law to the

contrary, stays in appeals from the board of adjustment to the

district court shall be obtained only as set forth in this section.

F. The district court may reverse or affirm, wholly or partly,

or modify the decision brought up for review. Costs shall not be

allowed against the board of adjustment unless it shall appear to

the district court that the board acted with gross negligence or in

bad faith or with malice in making the decision appealed from. An

appeal shall lie from the action of the district court as in all

other civil actions. A party may obtain a stay of the enforcement

of the district court's judgment, decree or final order as provided

by Section 990.4 of Title 12 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-24-111 — OK Code / Title 11 / Section 11-24-111
Legal Investments
Status: in_force

Legal Investments. The bonds herein authorized are hereby made

securities in which all public officers and bodies of this state and

all political subdivisions, all insurance companies and

associations, and other persons carrying on an insurance business,

all banks, bankers, trust companies, savings banks and savings

associations, including savings and loan associations, building and

loan associations, investment companies and other persons carrying

on a banking business, all administrators, guardians, executors,

trustees and other fiduciaries and all other persons whatsoever who

are now or may hereafter be authorized to invest in bonds or other

obligations of the state may properly and legally invest funds

including capital in their control or belonging to them. The bonds

are also hereby made securities which may be deposited with and

shall be received by all public officers and bodies of this state

and all political subdivisions for any purpose for which deposit of

bonds or other obligations of this state is now or may hereafter be

authorized.
Okla. Stat. tit. 11, § 11-35-201 — OK Code / Title 11 / Section 11-35-201
Sale or lease of municipally owned public utility -
Status: in_force

Applicability - Charters.

The provisions of this section through Section 35-205 of this

title relating to the procedure for selling or leasing municipally

owned public utilities shall apply when the municipally owned public

utility is to be sold or leased in its entirety and its fair market

value exceeds Ten Thousand Dollars ($10,000.00). The provisions of

this section through Section 35-205 of this title shall not apply to

any sale of property of a municipality to the state or any agency or

county thereof or any sale or lease to a public trust of which the

municipality is the sole beneficiary. Any municipality governed by

charter, when authorized by said charter, may sell, convey, or lease

any public utility owned by the municipality without conducting an

election as provided for in Section 35-203 of this title. For

purposes of this section through Section 35-205 of this title,

"public utility" shall be interchangeable with "public utilities,

works and ways" and shall include municipally owned parks, lakes and

recreation areas.
Okla. Stat. tit. 11, § 11-22-140.5 — OK Code / Title 11 / Section 11-22-140.5
Code enforcement — Identification of properties —
Status: in_force

Petition — Notice.

A. After a municipal code lien has been recorded with the

office of the county clerk of the county in which the real property

is located, the code enforcement director may identify those

properties on which to commence a judicial in rem foreclosure in

accordance with this act, except that those properties the code

enforcement director identifies as owner-occupied shall not be

subject to judicial in rem foreclosure under this act. The code

enforcement director shall not file a petition for judicial in rem

foreclosure in accordance with this act for a period of six (6)

months following the date upon which the municipal code lien is

recorded in the office of the county clerk. A petition for judicial

in rem foreclosure may include any other municipal code lien that

has been filed prior to the date the petition is filed. After

enforcement proceedings have commenced in accordance with this act,

the enforcement proceedings may be amended to include any

subsequently arising municipal code liens and, if applicable, any

and all taxes as defined in this act.

B. If the property on which the municipality is seeking to

foreclose under this act is subject to taxes as defined in this act,

then, at least sixty (60) days prior to the filing of the petition,

the code enforcement director shall notify all other taxing agencies

within the jurisdiction of the municipality and the State of

Oklahoma of the code enforcement director's intention to file a

petition for judicial in rem foreclosure of the real property on

which a municipal code lien exists.

C. In the name of the municipality, the code enforcement

director shall, in the appropriate lis pendens record in the office

Oklahoma Statutes - Title 11. Cities and Towns Page 197

of the county clerk of the county in which the real property is

located, file a notice of his or her intent to file a judicial in

rem foreclosure action. The notice shall include a legal

description of the property, street address of the property if

available, a statement that the property is subject to judicial in

rem foreclosure proceedings under this act, and a statement that

those proceedings may extinguish any legal interests in the

property.

D. Simultaneous with the filing of his or her notice of intent

to file a judicial in rem foreclosure action, the code enforcement

director, in the name of the municipality, shall file a petition

with the clerk of the district court for the district in which the

real property is located.

E. The petition shall be filed against the real property

against which the municipal code lien has been recorded and shall

provide all of the following:

1. The identity of the municipality and the name and address of

the code enforcement director;

2. The real property address;

3. A description of the real property;

4. The tax identification number of the real property;

5. The municipal code lien which is being foreclosed;

6. The principal amount of the municipal code lien together

with applicable interest and penalties;

7. The principal amount of any additional municipal code liens

together with applicable interest and penalties in accordance with

this section, if any;

8. The year or years for which the taxes are delinquent, if

any;

9. The principal amount of the taxes together with interest and

penalties, if any;

10. A statement that upon final sale in accordance with this

act and payment of the amount due for taxes, if applicable, an

interested party's rights of redemption shall be extinguished; and

11. The names and addresses of all interested parties to whom

copies of the petition are to be sent in accordance with subsection

F of this section.

F. The municipality shall mail copies of the petition by both

certified mail, return receipt requested, and by regular mail to all

interested parties whose identities and addresses are reasonably

ascertainable. Copies of the petition shall also be mailed by

first-class mail to the real property address to the attention of

the occupants of the property, if any. In addition, notice shall be

physically posted on the real property and shall include the

following statement: "THIS PROPERTY IS SUBJECT TO A JUDICIAL IN REM

FORECLOSURE ACTION AND MAY BE TRANSFERRED TO [NAME OF MUNICIPALITY]

OR ANOTHER PARTY. PERSONS WITH INFORMATION REGARDING THE CURRENT

Oklahoma Statutes - Title 11. Cities and Towns Page 198

OWNER OF THE PROPERTY ARE REQUESTED TO CONTACT [NAME OF

MUNICIPALITY]."

G. Within thirty (30) days of the filing of the petition, the

municipality shall cause a notice of the filing of the petition to

be published once each week for three (3) consecutive weeks in a

newspaper of general circulation in the county in which the property

is located. Such notice shall specify:

1. The name and address of the code enforcement director;

2. The real property address;

3. A description of the real property;

4. The tax identification number of the real property;

5. Any applicable municipal code lien which is being foreclosed

upon;

6. The principal amount of any municipal code lien together

with interest and penalties;

7. The applicable period of tax delinquency, if any;

8. The principal amount of taxes, if any;

9. That upon deposit with the appropriate parties by the court

of the tax payoff amount, if any, any and all rights of redemption

accorded to interested parties are extinguished; and

10. The date and place of the filing of the petition.
Okla. Stat. tit. 11, § 11-51-107 — OK Code / Title 11 / Section 11-51-107
Arbitrators - Selection
Status: in_force

Within five (5) days from the date of the request for

arbitration referred to in Section 51-106 of this title, the

bargaining agent and the corporate authorities shall each select and

name one arbitrator and shall immediately thereafter notify each

other in writing of the name and address of the person so selected.

The two arbitrators so selected and named shall, within five (5)

days from and after the expiration of the five-day period

hereinabove mentioned, agree upon and select a third arbitrator. If,

on the expiration of the period allowed therefor, the arbitrators

are unable to agree upon the selection of a third arbitrator, the

bargaining agent and the corporate authorities shall request the

Federal Mediation and Conciliation Service to provide a list of five

arbitrators. Within five (5) days after receipt of the list of

arbitrators from the Federal Mediation and Conciliation Service, the

two arbitrators already selected shall alternately strike the name

Oklahoma Statutes - Title 11. Cities and Towns Page 696

of one arbitrator from the list of five until one name remains, with

the employer making the first strike from said list. The third

arbitrator, whether selected as a result of an agreement between the

two arbitrators previously selected or selected from the list

provided by the Federal Mediation and Conciliation Service, shall

act as chairman of the arbitration board.
Okla. Stat. tit. 11, § 11-22-115 — OK Code / Title 11 / Section 11-22-115
Animals running at large - Regulation and taxation
Status: in_force

The municipal governing body may regulate or prohibit animals

from running at large. Animals which are running at large may be

impounded and sold to discharge any costs and penalties established

by the governing body and the expense of impounding, keeping or sale

of such animals. The governing body may also provide for the

erection of pens, pounds, and buildings for the use of the

municipality, within or without the municipal limits, and appoint

and compensate keepers thereof, and establish and enforce rules

governing the pens, pounds or buildings. The governing body may

also regulate and provide for taxing the owners and harborers of

dogs, and authorize the killing of dogs which are found at large in

violation of any ordinance regulating the same.
Okla. Stat. tit. 11, § 11-46-105 — OK Code / Title 11 / Section 11-46-105
Suit to challenge action, decision, ruling or order of regional planning commission –
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 19regional planning commission – Timing.

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

the regional planning commission under the provisions of this

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

days from the action, decision, ruling or order.
Okla. Stat. tit. 11, § 11-8-114 — OK Code / Title 11 / Section 11-8-114
Institute - Statewide organization to conduct
Status: in_force

A. Each person elected or appointed for the first time as an

officer of a municipality as defined by paragraph 6 of Section 1-102

of this title, shall be required within one (1) year after taking

the oath of office to attend an institute for municipal officials.

The Institute shall be conducted at all times, in cooperation with

the Oklahoma Department of Career and Technology Education, by or

under the supervision of a statewide organization that is exempt

from taxation under federal law and designated pursuant to the

provisions of the Internal Revenue Code, 26 U.S.C., Section 170(a).

The statewide organization shall demonstrate to the Oklahoma

Department of Career and Technology Education that it has

represented municipalities, had statutory functions and conducted

training programs for municipalities for at least fifteen (15) years

prior to November 1, 2005. It shall further demonstrate that its

continuous official purpose is to promote the general welfare of

cities and towns, to foster or conduct schools, short courses and

Oklahoma Statutes - Title 11. Cities and Towns Page 46

other training sessions, to provide technical assistance and

consultive services and other aids for the improvement and increased

efficiency of city and town government, and to serve as the

representative of cities and towns in carrying out the duties and

prerogatives conferred on it by state law.

B. The Institute shall consist of eight (8) hours of

instruction. A certificate of completion shall be awarded to those

persons who attend and successfully complete the Institute and a

list of those persons shall be filed with the Oklahoma Department of

Career and Technology Education.

C. The curriculum for the Institute shall include, but not be

limited to: municipal budget requirements, the Oklahoma Open

Meeting Act, the Oklahoma Open Records Act, ethics, procedures for

conducting meetings, conflict of interest, and purchasing

procedures.

D. The Institute shall be held at a minimum of six regional

locations in the state. Every effort shall be made by the Institute

to accommodate training through long-distance learning.

E. A person elected or appointed to a municipal office who

fails to satisfy the education requirements of this section shall

cease to hold the office commencing at the next scheduled meeting of

the governing body following the first-year anniversary of the

person’s taking the oath of office.

F. At the time of filing, the designated statewide organization

shall provide the necessary information to the candidate of the

option for attendance at the Institute as provided for in this

section. In the case of officials nominated and elected for

municipal offices at town meetings, the presiding officer of the

town meeting shall notify the candidate of the option.
Okla. Stat. tit. 11, § 11-23-109 — OK Code / Title 11 / Section 11-23-109
Ordinance to establish employee benefit program
Status: in_force

The municipal governing body may enact an ordinance for the

establishment of an employee benefit program to encourage

outstanding performance in the workplace. The ordinance shall

provide for the expenditure of funds for the purchase of recognition

awards for presentation to an employee or members of a work unit.
Okla. Stat. tit. 11, § 11-49-119 — OK Code / Title 11 / Section 11-49-119
Tax on insurance premiums for benefit of fund -
Status: in_force

Appropriations.

There is hereby appropriated and set aside for the use and

benefit of the Fund, a percentage on all taxes collected on premiums

collected by all insurance companies and other entities which are

subject to the premium tax levied pursuant to Section 624 of Title

36 of the Oklahoma Statutes, after all returned premiums and other

credits are deducted as provided by Sections 312.1 and 624 through

626 of Title 36 of the Oklahoma Statutes. In addition, the State of

Oklahoma shall make such appropriation as is necessary to assure the

retirement benefits provided by this article.
Okla. Stat. tit. 11, § 11-36-202 — OK Code / Title 11 / Section 11-36-202
Petition for street improvements by owners
Status: in_force

A. The owners of more than one-half, in area, of the land

liable to assessment for any improvement may petition the municipal

governing body for the improvement of any street, alley, lane or

avenue, or part thereof, not less than one block in length. The

petition shall be filed with the municipal 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. The petition shall:

Oklahoma Statutes - Title 11. Cities and Towns Page 325

1. Describe the character of the improvement desired and the

width of the improvement;

2. Indicate the materials preferred by the petitioners for the

improvement; and

3. Show that the petitioners are the record owners of the land

liable to assessment.

B. The governing body shall determine the sufficiency of the

petition and its finding shall be conclusive and binding for all

purposes and against all persons. The governing body may conduct

hearings on the sufficiency of the petition and compel the

attendance of witnesses under oath. No action or suit to question

the findings of the governing body on the sufficiency of the

petition may be commenced later than fifteen (15) days after such

finding.

C. Upon making a satisfactory determination of the sufficiency

of the petition, the governing body shall direct the engineer to

prepare preliminary plans and estimates, as provided in Section 36-

203 of this title, and proceed with the improvement in the manner

provided by Sections 36-201 through 36-226 of this title.
Okla. Stat. tit. 11, § 11-37-115 — OK Code / Title 11 / Section 11-37-115
Pollution of municipal water supply unlawful
Status: in_force

No person, firm, partnership, or corporation, or any of the

partners, officers, managers, or employees thereof, shall pollute or

permit the pollution of the water supply of a municipality, or any

stream, pond, spring, lake, or other water reservoir or groundwater

aquifer, which is used or which is being held for use as a water

supply by a municipality. A municipality may bring an action in the

district court to enjoin any activity that will cause pollution of

the water supply of a municipality whether or not such activity is

regulated, licensed, or inspected. For the purposes of this

section, the term pollution means contamination or other alteration

of the physical, chemical, or biological properties of any natural

waters of the state, or such discharge of any liquid, gaseous, or

solid substance into any waters of the state as will or is likely to

create a nuisance or render such waters harmful or detrimental or

injurious to the health, safety, or welfare of the general public,

or to domestic, commercial, industrial, agricultural, recreational,

or other legitimate beneficial uses, or to livestock, wild animals,

birds, or fish or other aquatic life.
Okla. Stat. tit. 11, § 11-50-111.5 — OK Code / Title 11 / Section 11-50-111.5
Written election - Employer and employee
Status: in_force

contributions and accrued earnings - Service.

A. Any individual who was a member with a vested benefit with

the Oklahoma Police Pension and Retirement System on or after July

1, 1987, and who becomes appointed to a position in the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma

State Bureau of Investigation, or the Alcoholic Beverage Laws

Enforcement Commission may, at the time the individual accepts such

position, elect in writing to remain a member of the Oklahoma Police

Pension and Retirement System as long as the individual has not

begun receiving benefits from the Oklahoma Police Pension and

Retirement System or the Oklahoma Law Enforcement Retirement System

and shall not become a member of the Oklahoma Law Enforcement

Retirement System. The agency shall send a copy of the written

election to the Oklahoma Police Pension and Retirement System and

the Oklahoma Law Enforcement Retirement System within five (5)

business days from its signing. If such eligible individual does

not elect to remain in the Oklahoma Police Pension and Retirement

System pursuant to this subsection, then the individual may elect to

transfer at a later date pursuant to subsection B of this section.

B. Any individual who was a member with a vested benefit with

the Oklahoma Police Pension and Retirement System on or after July

1, 1987, and who subsequently entered the Oklahoma Law Enforcement

Retirement System because he or she was appointed to a position in

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

the Oklahoma State Bureau of Investigation, or the Alcoholic

Beverage Laws Enforcement Commission or, effective July 1, 2013,

through July 31, 2013, an individual who made an election under

subsection A that had been accepted by the Oklahoma Police Pension

and Retirement System who did not have a vested benefit may, at any

time the member is an active employee of such agency and has not

begun receiving benefits from the Oklahoma Police Pension and

Retirement System or the Oklahoma Law Enforcement Retirement System,

elect in writing to reenter the Oklahoma Police Pension and

Retirement System. Such written election shall be provided to the

Oklahoma Police Pension and Retirement System. For purposes of this

Oklahoma Statutes - Title 11. Cities and Towns Page 639

section, constructive receipt of the written election shall be the

first day of the month following actual receipt.

1. A person who elects to transfer pursuant to this subsection

shall have all of his or her employer and employee contributions

made to the Oklahoma Law Enforcement Retirement System transferred

to the Oklahoma Police Pension and Retirement System along with

accrued earnings based upon the actuarial rate of return of the

Oklahoma Law Enforcement Retirement System. Upon receiving the

transfer of the employer and employee contributions and earnings,

and notwithstanding the provisions of Section 50-111.4 of this

title, the Oklahoma Police Pension and Retirement System shall treat

the service that the member accrued in the Oklahoma Law Enforcement

Retirement System as service in the Oklahoma Police Pension and

Retirement System; and

2. Upon actual receipt of the written election pursuant to this

subsection, the Oklahoma Police Pension and Retirement System shall

notify the Oklahoma Law Enforcement Retirement System of the

transfer election and shall send to the Oklahoma Law Enforcement

Retirement System a copy of the election within five (5) business

days. The Oklahoma Law Enforcement Retirement System shall transfer

the employer and employee contributions and earnings of the

transferring member to the Oklahoma Police Pension and Retirement

System on or before the first day of the month following

constructive receipt of the election. The transferring member shall

then reenter the Oklahoma Police Pension and Retirement System

beginning on the first day of the month following the month in which

constructive receipt of the written election was made to the

Oklahoma Police Pension and Retirement System. Any member who

transfers to the Oklahoma Police Pension and Retirement System

pursuant to this subsection shall have all service credit in the

Oklahoma Law Enforcement Retirement System canceled.

C. Notwithstanding the provisions of Section 2-300 et seq. of

Title 47 of the Oklahoma Statutes, the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of

Investigation, and the Alcoholic Beverage Laws Enforcement

Commission shall make employer contributions to the Oklahoma Police

Pension and Retirement System in the same manner as participating

municipalities of the Oklahoma Police Pension and Retirement System

for all members who either elect to remain in or elect to transfer

to the Oklahoma Police Pension and Retirement System pursuant to

this section. The electing member shall make employee contributions

to the Oklahoma Police Pension and Retirement System as other

participating members of the Oklahoma Police Pension and Retirement

System.
Okla. Stat. tit. 11, § 11-22-110 — OK Code / Title 11 / Section 11-22-110
Riots, assaults and disturbances, etc. - Firearms and
Status: in_force

fireworks.

A. The municipal governing body may regulate or prohibit riots,

assaults, batteries, petty larceny, disturbances or disorderly

assemblies, and immoral or indecent shows, exhibitions or concerts,

in any street, house or place in the municipality; and may regulate,

punish, and prevent the discharge of firearms, rockets, powder,

fireworks, or other dangerously combustible material in the streets,

lots, grounds, alleys or about, or in the vicinity of any buildings.

Oklahoma Statutes - Title 11. Cities and Towns Page 158

The governing body may also regulate the carrying of firearms or

other deadly weapons, concealed or otherwise, as provided for in

Section 1289.24 of Title 21 of the Oklahoma Statutes.

B. No municipality shall regulate by order, resolution,

ordinance, regulation, or other legislation prohibiting the

transport of fireworks, in their unopened original packaging in a

motor vehicle within the municipal limits. No municipality shall

adopt or continue in effect resolutions, ordinances, or regulations

prohibiting the transport of fireworks in their unopened original

packaging by a motor vehicle. Local orders, resolutions,

ordinances, regulations, or legislation in violation of this section

are void and unenforceable.
Okla. Stat. tit. 11, § 11-4-101 — OK Code / Title 11 / Section 11-4-101
Petition for incorporation of city - Contents
Status: in_force

A petition for incorporation of a city shall be filed with the

board of county commissioners of the county in which the proposed

city is located. The petition shall:

1. Be in writing; and

2. Be signed by at least thirty-five percent (35%) of the

registered voters residing in the proposed city, as shown by the

preceding general election.

Each petition shall be on a separate sheet and shall be

authenticated by the affidavit of at least one credible witness that

the signatures are genuine and the signers of the petition are

registered voters of the proposed city. The petition shall include:

1. The name of the proposed city;

2. The survey and plat of the proposed city;

3. The resident population according to the latest federal

census or other census recognized by the laws of Oklahoma, which

population must be one thousand (1,000) inhabitants or more;

4. The number and boundaries of the proposed city wards;

5. A designation of the statutory form of city government that

is proposed for the city when it becomes incorporated; and

6. Affidavits verifying the facts alleged in the petition.
Okla. Stat. tit. 11, § 11-21-110v2 — OK Code / Title 11 / Section 11-21-110v2
Detachment of municipal territory - Procedure
Status: in_force

A. Territory may be detached from the corporate limits of a

municipality by the governing body when:

1. An ordinance of the governing body so directs;

2. The municipality has failed to substantially complete

provision of services as required when the territory was annexed; or

3. A petition requesting detachment is filed with the governing

body that is either:

a. signed by at least three-fourths (3/4) of the

registered voters and by the owners of at least three-

fourths (3/4), in value, of the property to be

detached, or

b. in the case of detachment for failure to substantially

complete provision of services as required by Section

21-103 of this title, upon petition requesting

Oklahoma Statutes - Title 11. Cities and Towns Page 142

detachment signed by a majority of the owners of the

property to be detached.

Only land which is within the limits of the municipality and

upon its border and not laid out in lots and blocks, or land which

had been annexed to a municipality, may be detached by petition.

B. Petitioners for detachment of municipal territory shall

comply with the following procedures:

1. A true and complete unsigned copy of the petition requesting

detachment shall be filed with the clerk of the municipality before

it is circulated and signed by at least three-fourths (3/4) of the

registered voters and by the owners of at least three-fourths (3/4),

in value, of the property to be detached, as required by subsection

A of this section;

2. Signed copies of the petition requesting detachment shall be

filed with the clerk of the municipality within ninety (90) days

after the initial filing of the unsigned copy with the clerk; and

3. Notice of the filing of the signed petition requesting

detachment with the clerk of the municipality shall be given in the

same manner provided for petitions requesting annexation.

Failure to comply with the notice requirement or the other

procedures set forth in this subsection shall render the petition

for detachment insufficient and no action thereon shall be required

by the clerk or governing body of the municipality.

C. When signed copies of the petition requesting detachment are

timely filed with the clerk of the municipality, the clerk shall

determine the sufficiency of the signatures appearing on the

petition. The clerk shall then publish, in at least one newspaper

of general circulation in the municipality, a notice of the filing

and the apparent sufficiency or insufficiency of the petition.

Within ten (10) days following the publication, the governing body

of the municipality shall hold a public hearing on the petition

requesting detachment and take such action thereon as the governing

body deems appropriate, which may include approval, denial, or

deferral.

D. Appeal to the district court concerning any action by the

clerk or governing body of the municipality on a petition requesting

detachment shall be in the same manner provided for petitions

requesting annexation.
Okla. Stat. tit. 11, § 11-43-113 — OK Code / Title 11 / Section 11-43-113
Specific use permits - List of uses - Conditions for
Status: in_force

use of land - Public hearing.

A. As used in this act, “specific use permit” means a permit

granted by a municipal governing body, after notice and a hearing

and preliminary review and recommendation of a municipal planning

commission, for a specific use within any zoning district.

Municipalities may enact an ordinance provision for specific use

permit. Any municipality enacting an ordinance providing for

specific use permits shall enumerate a list of uses which it has

determined more intensely dominate the area in which they are to be

located or their effects on the general public are broader in scope

than other types of uses which are permitted in a zoning district.

An entity with a use which is enumerated on the list may, by

application for a specific use permit, locate in a zoning district

for which such use would not normally be allowed or could be

allowed, but due to its potential impact on surrounding properties,

must secure a specific use permit.

B. The types of uses for which a specific use permit may be

required shall be those types of uses which, because of the size of

the land they require or the specialized nature of the use, may more

intensely dominate the area in which they are located and their

effects on the general public are broader in scope than other uses

permitted in the district.

C. The designation of a specific use as possible on the

specific use list shall not constitute an authorization or an

assurance that such use will be permitted. Rather, each specific

use permit application shall be viewed as to its probable effect on

the adjacent properties and community welfare and may be approved or

denied as the findings indicate appropriate.

D. In granting a specific use permit, the governing body of the

municipality may require conditions related to the use of land,

including, but not limited to, permitted uses, lot sizes, setback,

height limits, required facilities, buffers, open space areas,

lighting, signage, landscaping, parking and loading, compatibility,

land use density, bonding, insurance and such other development

standards and operational conditions and safeguards as are indicated

to be important to the welfare and protection of adjacent property

and the community as a whole. This may include having the property

platted and/or the requirement of the dedication of sufficient

right-of-way or easement as necessary to further the public good.

Such conditions shall be determined in accordance with the

regulations specified in the zoning ordinance. The conditions need

Oklahoma Statutes - Title 11. Cities and Towns Page 483

not be uniform with regard to each type of land use if equitable

procedures recognizing due process principles and avoiding arbitrary

decisions have been followed in making regulatory decisions.

E. The specific use permit regulations established by a

municipality shall specify the following:

1. The body which shall review and approve specific use permit

requests and amend the same;

2. The conditions which create specific use permit eligibility,

the persons and agencies involved in the review process, if any, and

the requirements and standards upon which applications will be

reviewed and approval granted; and

3. The procedures required for application, review and

approval.

F. Following receipt of a request for a specific use permit, at

least one public hearing shall be held. An ordinance may provide

for one or more preapplication conferences before submission of a

request, the submission of a deposit necessary for payment of

application and permit expenses, and the submission of preliminary

site plans before the public hearing. Notification of the public

hearing shall be given by mail in the same manner as required by

Section 43-106 of Title 11 of the Oklahoma Statutes for public

hearings on proposed zoning changes. Within a reasonable time

following the public hearing, the body responsible for approving a

specific use permit shall deny the request, approve the request, or

approve the request with the following conditions:

1. The planning commission shall conduct a public hearing and

make recommendations on the specific use permit request which shall

be transmitted to the municipal governing body for consideration in

making a final decision. If an amendment of a zoning ordinance is

required by the specific use permit regulations of a municipal

zoning ordinance, the requirements for amendment of a zoning

ordinance shall be followed; and

2. If the specific use permit regulations of a municipal zoning

ordinance do not require amendment of the ordinance with review and

approval of specific use permits, the municipal governing body may

approve, approve with conditions, or deny a request.

G. In establishing specific use permit ordinances, the

municipal governing body may incorporate by reference other

available and applicable ordinances or statutes which regulate land

development.
Okla. Stat. tit. 11, § 11-40-104 — OK Code / Title 11 / Section 11-40-104
Redevelopment plan - Procedure for adoption
Status: in_force

A. Any city or town proposing to undertake the redevelopment of

a commercial, industrial or residential neighborhood in accordance

with the provisions of this act shall first prepare a redevelopment

plan in consultation with the planning commission of the city. The

redevelopment plan shall include:

1. A description and map of the boundaries of the redevelopment

district being proposed;

2. A summary of the blighted conditions which justify the

creation of such district;

3. A delegation of authority to a public trust created pursuant

to Section 176 et seq. of Title 60 of the Oklahoma Statutes,

specifying the name of the redevelopment trust which will undertake

the redevelopment activities on behalf of such city or town. If no

redevelopment trust is then in existence, the redevelopment plan

shall include a copy of the trust indenture or other document

creating the redevelopment trust;

4. A summary of the types of redevelopment activities and

projects which may be undertaken by the redevelopment trust; and

5. Such other information as deemed by the governing body

necessary to advise the public as to the intent of the plan.

B. Any redevelopment plan undertaken in accordance with the

provisions of this act shall fix a date on which the redevelopment

plan shall terminate, which date shall be not more than twenty-five

(25) years from the date the plan was adopted.

C. Thereafter, the governing body of the city shall adopt a

resolution stating that the city is considering the adoption of a

redevelopment plan. The resolution shall:

1. Give notice that a public hearing will be held to consider

the adoption of the redevelopment plan, and fix the date, hour and

place of such public hearing;

2. Describe the boundaries of the district being proposed; and

Oklahoma Statutes - Title 11. Cities and Towns Page 448

3. State that the redevelopment plan is available for

inspection during regular office hours in the office of the city

clerk.

D. The date fixed for the public hearing shall be not less than

thirty (30) days nor more than seventy (70) days following the date

of the adoption of the resolution fixing the date of such hearing.

E. A copy of the redevelopment plan, along with a resolution

providing for the public hearing, shall be delivered to the county

commissioners of any county and the board of education of any school

district levying taxes on property within the proposed redevelopment

district. The resolution shall be published in a newspaper of

general circulation within the city or town as a legal, public

notice once each week for three (3) consecutive weeks, the last

publication to be not less than one (1) week and not more than two

(2) weeks preceding the date fixed for public hearing. A sketch

clearly delineating the area in detail as may be necessary to advise

the reader of the particular land proposed to be included within the

redevelopment district shall be published with the resolution.

F. At the public hearing, a representative of the city shall

present the city's proposed redevelopment plan. Following such

explanation, all interested persons shall be given an opportunity to

be heard. The governing body may for good cause shown recess the

hearing to a time and date certain which shall be fixed in the

presence of persons in attendance at the hearing.

G. Following the hearing, the governing body may adopt the

redevelopment plan by ordinance passed upon a two-thirds (2/3) vote.

Such ordinance may include an acceptance of beneficial interest in

any redevelopment trust being created pursuant to the terms of a

redevelopment plan.

H. Thereafter, any substantial changes to the redevelopment

plan as adopted shall be subject to public hearing following

publication of notice thereof at least twice in a newspaper of

general circulation within the city or town.
Okla. Stat. tit. 11, § 11-34-108 — OK Code / Title 11 / Section 11-34-108
Impaired driver arrest report
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 309

In any case in which a person is arrested for driving under the

influence of alcohol or other intoxicating substance, an impaired

driver arrest report shall be completed by the municipal law

enforcement officer who made the arrest and shall be entered into

the impaired driver database created pursuant to Section 8 of this

act.
Okla. Stat. tit. 11, § 11-13-110 — OK Code / Title 11 / Section 11-13-110
Payment of expenses for framing and adopting charter
Status: in_force

All charter election expenses shall be paid by the municipality.

The municipality may provide for the payment of the expenses

incurred by the board of freeholders in the framing of the charter.
Okla. Stat. tit. 11, § 11-41-114 — OK Code / Title 11 / Section 11-41-114
Action to correct plat errors - Service of summons and
Status: in_force

notice.

Service of summons in the action shall be had upon the

defendants in the manner provided by law in civil actions. Where

the record owners are numerous, however, the action may be

maintained in the name of one or more lot owners for the benefit of

all the owners of property within the area of that portion of the

plat affected by the proposed correction. In addition to service of

process to those record owners in whose name the action is

maintained, the petitioner shall also give notice by mail to the

following, without naming them as parties defendant:

1. All owners of record, as shown by the current year's tax

rolls in the office of the county treasurer, of lots within the

block or area sought to be corrected; and

2. The municipality within which the plat is located.

The notice shall set out the error sought to be corrected and the

manner which is proposed for correcting the error as prayed for in

the petition.
Okla. Stat. tit. 11, § 11-14-102 — OK Code / Title 11 / Section 11-14-102
Ordinances - Procedure governing passage
Status: in_force

All proposed ordinances of a municipality shall be considered at

a public meeting of the council or board of trustees. A vote of a

majority of all the members of the council or board of trustees

shall be required for the final passage of an ordinance.
Okla. Stat. tit. 11, § 11-49-138.1 — OK Code / Title 11 / Section 11-49-138.1
Prior military service credit — Computation of
Status: in_force

purchase price.

A. The State Board shall adopt rules or procedures for

computation of the purchase price for prior military service credit

provided for in subsection E of Section 49-138 of Title 11 of the

Oklahoma Statutes. These rules or procedures shall base the

purchase price for each year purchased on the actuarial cost of the

incremental projected benefits to be purchased. The purchase price

shall represent the present value of the incremental projected

benefits discounted according to the member's age at the time of

purchase. Incremental projected benefits shall be the difference

between the projected benefit said member would receive without

purchasing the prior military service credit and the projected

benefit after purchase of the prior military service credit computed

as of the earliest age at which the member would be able to retire.

Said computation shall assume an unreduced benefit and be computed

using interest and mortality assumptions consistent with the

actuarial assumptions adopted by the Board of Trustees for purposes

of preparing the annual actuarial evaluation.

B. A member wishing to purchase prior military service credit

must be an active paid member for a minimum of thirty (30) months so

as to establish an adequate salary history for the computation of

the purchase price of prior military service credit. Upon

application by an eligible member to purchase prior military service

credit, the State Board shall provide the member with a computation

of the purchase price for prior military service credit. The

computed purchase price shall be good for ninety (90) days from the

date the computed purchase price is provided to the member and,

except as otherwise provided in subsection G of this section, must

be paid within such ninety-day period. After the expiration of the

ninety-day period without payment by the member, or payment

commencing as provided in subsection G of this section, the member

must reapply to purchase prior military service credit, a new

Oklahoma Statutes - Title 11. Cities and Towns Page 598

purchase price must be computed and provided to the member by the

State Board, and a new ninety-day period shall commence.

C. An active volunteer member may request to purchase volunteer

prior military service credit in accordance with the second, third,

and fourth sentences of subsection B of this section. A volunteer

member who purchases volunteer prior military service credit and

later becomes a paid member may purchase paid prior military service

credit in accordance with all of subsection B of this section,

including the requirement that the member be an active paid member

for a minimum of thirty (30) months so as to establish an adequate

salary history for the computation of the purchase price of prior

military service credit. Any amount paid to purchase volunteer

prior military service credit, excluding interest, shall reduce the

purchase price for the paid prior military service credit, and the

purchased volunteer prior military service credit shall be

disregarded.

D. Purchased prior military service credit shall be taken into

account only if payment is received prior to the commencement of

benefits, except as otherwise provided in subsection G of this

section.

E. Members who pay the purchase price in cash by the due date

described in subsection B of this section may make payment by:

1. A trustee-to-trustee transfer of non-Roth funds from a Code

Section 403(b) annuity or custodial account, an eligible deferred

compensation plan described in Code Section 457(b) which is

maintained by an eligible employer described in Code Section

457(e)(1)(A), and/or a Code Section 401(a) qualified plan, provided

that after-tax funds in retirement plans shall not be used to

purchase military service credit;

2. A direct rollover of tax-deferred funds from a Code Section

403(b) annuity or custodial account, an eligible deferred

compensation plan described in Code Section 457(b) which is

maintained by an eligible employer described in Code Section

457(e)(1)(A), a Code Section 401(a) qualified plan, and/or a Code

Section 408(a) or 408(b) traditional or conduit Individual

Retirement Account or Annuity (IRA), provided that Roth accounts,

after-tax funds in retirement plans or IRAs, and Coverdell Education

Savings Accounts shall not be used to purchase military service

credit; or

3. Certified check.

A combination of payment methods described in paragraphs 1 through 3

of this subsection may be used.

F. Members amortizing the purchase price and making amortized

payments by payroll deduction on an after-tax basis, as described in

subsection G of this section, shall have the option of making a cash

payment for the balance of the actuarial purchase price with

interest due through the date of payment by:

Oklahoma Statutes - Title 11. Cities and Towns Page 599

1. A trustee-to-trustee transfer of non-Roth funds from a Code

Section 403(b) annuity or custodial account, an eligible deferred

compensation plan described in Code Section 457(b) which is

maintained by an eligible employer described in Code Section

457(e)(1)(A), and/or a Code Section 401(a) qualified plan, provided

that after-tax funds in retirement plans shall not be used to

purchase military service credit;

2. A direct rollover of tax-deferred funds from a Code Section

403(b) annuity or custodial account, an eligible deferred

compensation plan described in Code Section 457(b) which is

maintained by an eligible employer described in Code Section

457(e)(1)(A), a Code Section 401(a) qualified plan, and a Code

Section 408(a) or 408(b) traditional or conduit Individual

Retirement Account or Annuity (IRA), provided that Roth accounts,

after-tax funds in retirement plans and IRAs, and Coverdell

Education Savings Accounts shall not be used to purchase military

service credit; or

3. Certified check.

A combination of payment methods described in paragraphs 1 through 3

of this subsection may be used.

G. In the event that the member does not pay the purchase price

provided for in this section by the due date established in

subsection B of this section as provided for in subsection E of this

section, the State Board may permit the member to amortize the

purchase price over a period not to exceed sixty (60) months or

other method approved by the State Board. Such amortized payments

shall be made by payroll deductions on an after-tax basis and shall

not be picked up by the member's employer. The amortized payments

shall include interest at a rate not to exceed the actuarially

assumed interest rate adopted by the State Board for investment

earnings each year. Any member who ceases to make payment,

terminates, retires, or dies before completing the payments provided

for in this section shall receive prior military service credit

prorated for only those payments made, not including interest,

unless the unpaid balance, including interest, is paid by the

member, the member's surviving spouse, the member's beneficiary, or

the member's estate or successor in interest within ninety (90) days

of the first to occur of said member's termination, retirement, or

death; provided that no retirement benefits shall be payable until

the earliest of the date the unpaid balance is paid in full or

ninety (90) days after the first to occur of the member's

termination, retirement, or death.

H. The State Board shall promulgate such rules or procedures as

are necessary to implement the provisions of this section.
Okla. Stat. tit. 11, § 11-36-222 — OK Code / Title 11 / Section 11-36-222
Delinquent installments - Certification to county treasurer - Collection of taxes and
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 14treasurer - Collection of taxes and penalties.

A. The municipal clerk, after the date of maturity of any

installment and interest and no earlier than the first day of July

and no later than the tenth day of July of the following year, shall

certify the installment and interest then due to the county

treasurer of the county in which the assessed property is located.

Once certified to the county treasurer, payment may only be made to

the county treasurer except as otherwise provided for in this

section. At the time of collection the county treasurer shall

collect a fee of Five Dollars ($5.00) for each parcel of property

Oklahoma Statutes - Title 11. Cities and Towns Page 337

and such fee shall be deposited to the general fund of the county.

The county treasurer shall place the installment and interest upon

the November delinquent tax list of the same year, which is prepared

by the county treasurer, and collect the installment and interest as

other delinquent taxes are collected. Provided, that no such

certification shall be made to the county treasurer unless the town

clerk shall have sent a notice of the nature and amount of the

assessment by restricted delivery mail on or before June 1 of said

year to the last-known address of the owner of the assessed

property. The county treasurer shall collect the installments of

assessment, together with interest and penalty, as certified to him

by the municipal clerk, but any taxpayer shall have the right to pay

his ad valorem taxes to the county treasurer regardless of the

delinquency of such assessments. Within thirty (30) days after the

receipt of a delinquent assessment, interest and penalty, as

collected by the county treasurer, the same shall be paid by the

county treasurer to the municipal treasurer for disbursement in

accordance with the provisions of Section 36-221 of this title. The

failure of the municipal clerk to publish notice of the maturing of

any installment and interest shall in no way affect the validity of

the proceedings to collect the same under the provisions of this

section. All payments to the municipal treasurer on account of such

assessments shall be certified by him to the municipal clerk for

crediting on the Street Assessment Record.

B. All penalties for delinquent taxes, including penalties on

special assessments and the interest of bonds for paving or other

special assessment bonds, over and above the amount specified on the

face thereof, shall be the property of the municipality and shall be

collected by the county treasurer, it being the intent of this

provision to have such penalties go to the street repair fund of the

municipality.
Okla. Stat. tit. 11, § 11-17-206 — OK Code / Title 11 / Section 11-17-206
Requirements and contents of budget
Status: in_force

A. The municipal budget shall present a complete financial plan

for the municipality and shall present information necessary and

proper to disclose the financial position and condition of the

municipality and the revenues and expenditures thereof, both past

and anticipated.

B. Unless the budget is prepared in accordance with Sections 4

and 5 of this act, the budget shall be prepared by fund and

department and shall contain the following contents:

1. The budget shall contain a budget summary;

2. It shall also be accompanied by a budget message which shall

explain the budget and describe its important features;

3. The budget format shall be as provided by the governing body

in consultation with the chief executive officer; and

4. It shall contain at least the following in tabular form for

each fund, itemized by department and account within each fund:

Oklahoma Statutes - Title 11. Cities and Towns Page 121

a. actual revenues and expenditures for the immediate

prior fiscal year,

b. revenues and expenditures for the current fiscal year

as shown by the budget for the current year as adopted

or amended, and

c. estimates of revenues and expenditures for the budget

year.

C. The estimate of revenues for any budget year shall include

probable income by source which the municipality is legally empowered

to collect or receive at the time the budget is adopted. The

estimate shall be based on a review and analysis of past and

anticipated revenues of the municipality. Any portion of the budget

of revenues to be derived from ad valorem property taxation shall not

exceed the amount of tax which is available for appropriation, as

finally determined by the county excise board, or which can or must

be raised as required by law. The budget of expenditures for each

fund shall not exceed the estimated revenues for each fund. No more

than ten percent (10%) of the total budget for any fund may be

budgeted for miscellaneous purposes. Included in the budget of

revenues or expenditures for any fund may be amounts transferred from

or to another fund. Any such interfund transfer must be shown as a

disbursement from the one fund and as a receipt to the other fund.

D. Encumbrances for funds whose sole purpose is to account for

grants and capital projects and/or any unexpended appropriation

balances may be considered nonfiscal and excluded from the budget by

the governing body, but shall be reappropriated to the same funds,

accounts and for the same purposes for the successive fiscal year,

unless the grant, project or purpose is designated or declared closed

or completed by the governing body.
Okla. Stat. tit. 11, § 11-47-117 — OK Code / Title 11 / Section 11-47-117
Improvements in unapproved streets
Status: in_force

The municipality shall not accept, lay out, open, improve,

grade, pave, curb, or light any street, or lay or authorize water

mains or sewers or utility connections to be laid in any street,

Oklahoma Statutes - Title 11. Cities and Towns Page 505

within any portion of territory for which the commission shall have

adopted a major street plan, unless the street:

1. Shall have been accepted or opened as or shall otherwise

have received the legal status of a public street prior to the

adoption of the street plan; or

2. Corresponds with a street shown on the official master plan

or with a street on a subdivision plat approved by the commission or

with a street on a street plat made by and adopted by the

commission.

However, the council may accept any street not shown on or not

corresponding with a street on the official master plan or on an

approved subdivision plat or an approved street plat, provided the

ordinance or other measure accepting such street be first submitted

to the city planning commission for its approval, and, if approved

by the commission, be enacted or passed by not less than a majority

of all the members of the council. If the ordinance or other

measure accepting such street is disapproved by the commission, the

ordinance or measure may be enacted or passed by not less than two-

thirds of all the members of the council. A street approved by the

commission upon submission by council, or a street accepted by two-

thirds vote after disapproval by the commission, shall thereupon

have the status of an approved street as fully as though it had been

originally shown on the official master plan or on a subdivision

plat approved by the commission or had been originally platted by

the commission.