Okla. Stat. tit. 11, § 11-49-106.1 — OK Code / Title 11 / Section 11-49-106.1
Oklahoma Firefighters Deferred Option Plan
Status: repealed

A. In lieu of terminating employment and accepting a service

retirement pension pursuant to Sections 49-101 and 49-106 of this

title, any member of the Oklahoma Firefighters Pension and

Retirement System serving as an active firefighter in a fire

department of a participating municipality who has not less than

twenty (20) years of creditable service may elect to participate in

the Oklahoma Firefighters Deferred Option Plan and defer the

receipts of benefits in accordance with the provisions of this

section.

B. For purposes of this section, creditable service shall

include service credit reciprocally recognized pursuant to Sections

49-100.1 through 49-100.8 and Sections 49-101, 49-101.1 and 49-101.2

of this title but for eligibility purposes only.

C. The duration of participation in the Oklahoma Firefighters

Deferred Option Plan for active firefighters shall not exceed five

(5) years. Participation in the Oklahoma Firefighters Deferred

Option Plan must begin the first day of a month and end on the last

day of a month. At the conclusion of a member’s participation in

the Oklahoma Firefighters Deferred Option Plan, the member shall

terminate employment with all participating municipalities as a

firefighter, and shall start receiving the member’s accrued monthly

retirement benefit from the System. Such a member may be reemployed

by a participating municipality but only in a position not covered

Oklahoma Statutes - Title 11. Cities and Towns Page 534

under the System, and receive in-service distributions of such

member’s accrued monthly retirement benefit from the System.

D. When a member begins participation in the Oklahoma

Firefighters Deferred Option Plan, the contribution of the member

shall cease. The employer contributions shall continue to be paid

in accordance with subsection B of Section 49-122 of this title.

Employer contributions for members who elect the Oklahoma

Firefighters Deferred Option Plan shall be credited equally to the

Oklahoma Firefighters Pension and Retirement System and to the

member’s Oklahoma Firefighters Deferred Option Plan account. The

monthly retirement benefits that would have been payable had the

member elected to cease employment and receive a service retirement

shall be paid into the member’s Oklahoma Firefighters Deferred

Option Plan account.

E. 1. A member who participates in this plan shall be eligible

to receive cost-of-living increases.

2. A member who participates in this plan shall earn interest

at a rate of two percentage points below the rate of return of the

investment portfolio of the System, but no less than the actuarial

assumed interest rate as certified by the actuary in the yearly

evaluation report of the actuary. The interest shall be credited to

the individual account balance of the member on an annual basis.

3. Effective November 1, 2013, the Oklahoma Firefighters

Deferred Option Plan account for a member whose first service with a

participating municipality of the System occurs on or after November

1, 2013, and who participates for the first time in the Oklahoma

Firefighters Deferred Option Plan on or after November 1, 2013, and

has completed active participation in the Oklahoma Firefighters

Deferred Option Plan, shall earn interest at a rate equal to the

actual rate of return of the investment portfolio of the System,

less one (1) percentage point to offset administrative costs of the

System as determined by the System.

F. A member in the plan shall receive, at the option of the

member, a lump-sum payment from the account equal to the payments to

the account or an annuity based upon the account of the member or

may elect any other method of payment if approved by the Board of

Trustees. If a member becomes so physically or mentally disabled

while in, or in consequence of, the performance of his or her duty

as to prevent the effective performance of his or her duties that

the State Board approves an in-line-of-duty disability pension, the

payment from the account shall be an in-line-of-duty disability

payment. Notwithstanding any other provision contained herein to

the contrary, commencement of distributions under the Oklahoma

Firefighters Deferred Option Plan shall be no later than the time as

set forth in subsection B of Section 49-106 of this title and a

member whose first service with a participating municipality of the

System occurs on or after November 1, 2013, and who participates for

Oklahoma Statutes - Title 11. Cities and Towns Page 535

the first time in the Oklahoma Firefighters Deferred Option Plan on

or after November 1, 2013, must receive a distribution of the entire

remaining balance in the member’s Oklahoma Firefighters Deferred

Option Plan account no later than April 1 of the calendar year

following the later of:

1. The calendar year in which the member reaches seventy and

one-half (70 1/2) years of age for a member who attains age seventy

and one-half (70 1/2) before January 1, 2020, or effective for

distributions required to be made after December 31, 2019, but

before January 1, 2023, the calendar year in which the member

reaches seventy-two (72) years of age for an individual who attains

age seventy and one-half (70 1/2) after December 31, 2019, or

effective for distributions required to be made after December 31,

2022, the calendar year in which the member reaches seventy-three

(73) years of age for an individual who attains age seventy-two (72)

after December 31, 2022, or “the applicable age”, as defined in

Section 401(a)(9)(C)(v) of the Internal Revenue Code of 1986, as

amended, if later; or

2. The actual retirement date of the member.

G. If a member dies while maintaining an account balance in the

plan the System shall pay to the designated recipient or recipients

of the member, or if there is no designated recipient or if the

designated recipient predeceases the member, to the spouse of the

member, or if there is no spouse or if the spouse predeceases the

member, to the estate of the member a lump-sum payment equal to the

account balance of the member. If such member was receiving, or

eligible to receive, an in-line-of-duty disability pension at the

time of his or her death, payment of the account balance shall be an

in-line-of-duty disability payment. If a designated recipient is

the surviving spouse of the member, the surviving spouse shall

receive his or her portion of the account balance of the member

pursuant to subsection F of this section. The surviving spouse,

whether or not he or she is a designated recipient of the member,

may elect to receive his or her portion of the account balance of

the member in the same manner as was applicable to the member.

H. In lieu of participating in the Oklahoma Firefighters

Deferred Option Plan pursuant to subsections A, B, C, D, E and F of

this section, a member may elect to participate in the Oklahoma

Firefighters Deferred Option Plan pursuant to this subsection as

follows:

1. For purposes of this subsection and subsection I of this

section, the following definitions shall apply:

a. “back drop date” means the member’s normal retirement

date or the date five (5) years before the member

elects to participate in the Oklahoma Firefighters

Deferred Option Plan, whichever date is later,

Oklahoma Statutes - Title 11. Cities and Towns Page 536

b. “termination date” means the date the member elects to

participate in the Oklahoma Firefighters Deferred

Option Plan pursuant to this subsection, and the date

the member terminates employment with all

participating municipalities as an active firefighter,

c. “earlier attained credited service” means the credited

service earned by a member as of the back drop date,

and

d. “deferred benefit balance” means all monthly

retirement benefits that would have been payable had

the member elected to cease employment on the back

drop date and receive a service retirement from the

back drop date to the termination date, all the

member’s contributions and one-half (1/2) of the

employer contributions from the back drop date to the

termination date, with interest based on how the

benefit would have accumulated on a compound annual

basis as if the member had participated in the

Oklahoma Firefighters Deferred Option Plan pursuant to

subsections A, B, C, D, E and F of this section from

the back drop date to the termination date; and

2. At the termination date, the monthly pension benefit shall

be determined based on earlier attained credited service and on the

final average salary as of the back drop date. The member’s

individual deferred option account shall be credited with an amount

equal to the deferred benefit balance, the member shall terminate

employment with all participating municipalities as a firefighter,

and shall start receiving the member’s accrued monthly retirement

benefit from the System. Such a member may be reemployed by a

participating municipality but only in a position not covered under

the System, and receive in-service distributions of such member’s

accrued monthly retirement benefit from the System. The provisions

of subsections B, C, E, F and G of this section shall apply to this

subsection. A member shall not participate in the Oklahoma

Firefighters Deferred Option Plan pursuant to this subsection if the

member has elected to participate in the Oklahoma Firefighters

Deferred Option Plan pursuant to subsections A, B, C, D, E and F of

this section.

I. Certain surviving spouses and members shall be eligible to

participate in the Oklahoma Firefighters Deferred Option Plan

pursuant to subsection H of this section and this subsection.

1. For purposes of this subsection, the following definitions

shall apply:

a. “back drop election date” means the date the surviving

spouse or member elects to commence participation in

the Oklahoma Firefighters Deferred Option Plan

Oklahoma Statutes - Title 11. Cities and Towns Page 537

pursuant to subsection H of this section and this

subsection,

b. “interest” means the actuarial assumed interest rate

as certified by the actuary in the yearly evaluation

report of the actuary,

c. “monthly adjustment amount” means the difference

between the monthly pension prior to the back drop

election and the adjusted monthly pension due to the

back drop election,

d. “back drop pension adjustment amount” means the sum of

all the monthly adjustment amounts adjusted for

interest from the pension commencement date to the

back drop election date, and

e. “deferred benefit balance adjustment amount” means the

interest on the deferred benefit balance from the

pension commencement date to the back drop election

date.

2. If a member who has more than twenty (20) years of

creditable service and is eligible to receive a service retirement

pension dies on or after June 4, 2007, and prior to terminating

employment, the member’s surviving spouse shall be eligible to elect

to receive a benefit determined as if the member had elected to

participate in the Oklahoma Firefighters Deferred Option Plan in

accordance with subsection H of this section on the day immediately

preceding such member’s death. Prior to July 1, 2010, the surviving

spouse must make any such election within one (1) year from the date

of the member’s death. Effective July 1, 2010, the surviving spouse

must make any such election within ninety (90) days from the date of

the member’s death. If on or after June 4, 2007, such election is

made, the monthly pension such surviving spouse is entitled to

receive shall be adjusted in accordance with the provisions of

subsection H of this section to account for the member’s

participation in the Oklahoma Firefighters Deferred Option Plan.

The surviving spouse may only make this election if the member has

not previously elected to participate in the Oklahoma Firefighters

Deferred Option Plan. For purposes of this election, the surviving

spouse must have been married to the firefighter for the thirty (30)

continuous months preceding the firefighter’s death; provided, the

surviving spouse of a member who died while in, or as a consequence

of, the performance of the member’s duty for a participating

municipality shall not be subject to the marriage limitation for

this election.

3. If a member has more than twenty (20) years of creditable

service and is eligible for a retirement for disability monthly

pension pursuant to Section 49-109 of this title on or after June 4,

2007, such member shall be eligible to elect to receive a benefit

determined as if the member had elected to participate in the

Oklahoma Statutes - Title 11. Cities and Towns Page 538

Oklahoma Firefighters Deferred Option Plan, in accordance with

subsection H of this section, on the day immediately preceding the

date of the member’s disability retirement, provided such election

is made within two (2) years from the date of the member’s

disability retirement. The disability monthly pension such member

is receiving, or entitled to receive, shall be adjusted in

accordance with the provisions of subsection H of this section to

account for the member’s participation in the Oklahoma Firefighters

Deferred Option Plan. The deferred benefit balance such member is

entitled to receive shall be reduced by the back drop pension

adjustment amount and increased by the deferred benefit balance

adjustment amount. The member may only make a back drop election if

the deferred benefit balance after the adjustment described in this

paragraph is greater than Zero Dollars ($0.00). The member may only

make this election if the member has not previously elected to

participate in the Oklahoma Firefighters Deferred Option Plan.

4. If a member has more than twenty (20) years of creditable

service and filed a grievance for wrongful termination occurring on

or after June 4, 2007, or is not a member of a collective bargaining

organization as a firefighter, is involuntarily terminated and is

seeking to have his or her position as a firefighter reinstated

through a legal process, but is not reinstated as an active member,

such member shall be eligible to elect to receive a benefit

determined as if the member had elected to participate in the

Oklahoma Firefighters Deferred Option Plan in accordance with

subsection H of this section on the day immediately preceding the

date of the member’s termination. Such election must be made within

two (2) years from the date of the member’s termination as an active

member and, if the member’s case pertaining to the member’s

termination is on appeal to a court of competent jurisdiction,

within such period set by the State Board in its sole discretion.

The monthly pension such member is receiving, or entitled to

receive, shall be adjusted in accordance with the provisions of

subsection H of this section to account for the member’s

participation in the Oklahoma Firefighters Deferred Option Plan.

The deferred benefit balance such member is entitled to receive

shall be reduced by the back drop pension adjustment amount and

increased by the deferred benefit balance adjustment amount. The

member may only make a back drop election if the deferred benefit

balance after the adjustment described in this paragraph is greater

than Zero Dollars ($0.00). The member may only make this election

if the member has not previously elected to participate in the

Oklahoma Firefighters Deferred Option Plan.

5. Subparagraphs d and e of paragraph 1 and paragraphs 3 and 4

of this subsection are effective June 4, 2007, provided the Internal

Revenue Service issues a favorable determination letter for the

System which includes the provisions of such subparagraphs and

Oklahoma Statutes - Title 11. Cities and Towns Page 539

paragraphs without modification or as modified to conform to any

changes required by the Internal Revenue Service as part of its

determination letter review process. In the event the Internal

Revenue Service does not issue such a determination letter which

includes the provisions of such subparagraphs or paragraphs without

modification or as modified to conform to any changes required by

the Internal Revenue Service as part of its determination letter

review process, then subparagraphs d and e of paragraph 1 and

paragraphs 3 and 4 of this subsection shall be repealed effective

June 4, 2007.
Okla. Stat. tit. 11, § 11-49-102 — OK Code / Title 11 / Section 11-49-102
Consolidation or annexation - Pension rights
Status: in_force

Whenever two or more adjacent municipalities participating in

the System shall be made one, either by consolidation or annexation,

those funds and those persons receiving benefits under the System

shall be transferred to the new or surviving participating

municipality and those persons receiving said benefits shall

continue to retain all the rights and privileges granted therein;

provided further that those active volunteer firefighters of

participating municipalities shall be transferred and continued as

Oklahoma Statutes - Title 11. Cities and Towns Page 529

volunteer firefighters and retain all the rights and privileges

granted in this article.
Okla. Stat. tit. 11, § 11-49-100.10 — OK Code / Title 11 / Section 11-49-100.10
Duties of fiduciaries
Status: in_force

A. A fiduciary with respect to the Oklahoma Firefighters

Pension and Retirement System shall not cause the System to engage

in a transaction if the fiduciary knows or should know that such

transaction constitutes a direct or indirect:

1. sale or exchange, or leasing of any property from the System

to a party in interest for less than adequate consideration or from

a party in interest to the System for more than adequate

consideration;

2. lending of money or other extension of credit from the

System to a party in interest without the receipt of adequate

security and a reasonable rate of interest, or from a party in

interest to the System with provision of excessive security or an

unreasonably high rate of interest;

3. furnishing of goods, services or facilities from the System

to a party in interest for less than adequate consideration, or from

a party in interest to the System for more than adequate

consideration; or

4. transfer to, or use by or for the benefit of, a party in

interest of any assets of the System for less than adequate

consideration.

B. A fiduciary with respect to the Oklahoma Firefighters

Pension and Retirement System shall not:

1. deal with the assets of the System in the fiduciary's own

interest or for the fiduciary's own account;

2. in the fiduciary's individual or any other capacity act in

any transaction involving the System on behalf of a party whose

interests are adverse to the interests of the System or the

interests of its participants or beneficiaries; or

3. receive any consideration for the fiduciary's own personal

account from any party dealing with the System in connection with a

transaction involving the assets of the System.

Oklahoma Statutes - Title 11. Cities and Towns Page 526

C. A fiduciary with respect to the Oklahoma Firefighters

Pension and Retirement System may:

1. invest all or part of the assets of the System in deposits

which bear a reasonable interest rate in a bank or similar financial

institution supervised by the United States or a state, if such bank

or other institution is a fiduciary of such plan; or

2. provide any ancillary service by a bank or similar financial

institution supervised by the United States or a state, if such bank

or other institution is a fiduciary of such plan.

D. A person or a financial institution is a fiduciary with

respect to the Oklahoma Firefighters Pension and Retirement System

to the extent that the person or the financial institution:

1. exercises any discretionary authority or discretionary

control respecting management of the Oklahoma Firefighters Pension

and Retirement System or exercises any authority or control

respecting management or disposition of the assets of the System;

2. renders investment advice for a fee or other compensation,

direct or indirect, with respect to any monies or other property of

the System, or has any authority or responsibility to do so; or

3. has any discretionary authority or discretionary

responsibility in the administration of the System.
Okla. Stat. tit. 11, § 11-32-115 — OK Code / Title 11 / Section 11-32-115
Cost of maintaining or operating parking stations -
Status: in_force

Charges.

After any parking stations are acquired and improved by the

municipality, the cost of maintaining, operating and policing the

same shall be borne by the municipality. The use of the parking

stations may be free or for such charge or charges as shall be

determined by the governing body, to be collected either by parking

meters, by attendants, or otherwise. The governing body may also

prescribe and enforce any fees or charges which are to be made for

the use of such facilities by any lessee or operator of the parking

stations.
Okla. Stat. tit. 11, § 11-38-107 — OK Code / Title 11 / Section 11-38-107
Urban Renewal Authority
Status: in_force

A. There is hereby created in each municipality to which this

article is applicable, a public body corporate to be known as the

"Urban Renewal Authority", or such other name as may be designated

by the governing body of the municipality, which may sue or be sued;

provided, that such Authority shall not transact any business or

exercise its powers hereunder until or unless the governing body of

the municipality has made the finding prescribed in Section 38-105

of this title.

B. When the Urban Renewal Authority is authorized to transact

business and exercise powers hereunder, the mayor, subject to the

approval of the municipal governing body, shall appoint a Board of

Commissioners consisting of five (5) members. The term of office of

each such Commission member shall be for three (3) years, except

that of the members first appointed, one shall serve for a term of

one (1) year and two shall serve for terms of two (2) years. The

initial appointments, regardless of the calendar date when such

appointments are made, shall expire on the July 31 closest to the

full one, two or three-year term to which such members are

appointed. Thereafter, and after the expiration of initial terms,

all members shall serve terms of three (3) years. All terms of

office, including initial appointments, shall expire as of July 31

and new terms shall commence on August 1 of the calendar year.

C. The mayor of the municipality shall designate from the duly

appointed Commission members, a Chairman and Vice Chairman who shall

serve terms of one (1) year, beginning August 1 of each calendar

year, or until a successor is named. Should the mayor fail to

designate a Chairman or Vice Chairman within thirty (30) days after

the separation date of the former Chairman, the Commission may elect

a Chairman or Vice Chairman from its membership by a simple majority

vote of its members. The Chairman, and in his absence the Vice

Chairman, shall call and preside over meetings of the Board of

Commissioners, direct the recording of minutes of its deliberations,

and appoint committees and assign their respective activities.

D. A Commissioner shall receive no compensation for his

services but shall be entitled to necessary expenses, including

traveling expenses, incurred in the discharge of his duties. Each

Commissioner shall hold office until his successor has been

appointed and qualified. A certificate of the appointment or

Oklahoma Statutes - Title 11. Cities and Towns Page 406

reappointment of any Commission member shall be filed with the clerk

of the municipality and such certificate shall be conclusive

evidence of the due and proper appointment of such Commission

member. Commissioners shall not be personally liable for

obligations of the Urban Renewal Authority.

E. The powers of an Urban Renewal Authority shall be exercised

by the Commissioners thereof. A majority of the Commissioners shall

constitute a quorum for the purpose of conducting business and

exercising the powers of the Authority and for all other purposes.

Action may be taken by the Authority upon a vote of a majority of

the Commissioners, unless in any case its bylaws shall require a

larger number. Any person may be appointed as a Commissioner if he

has resided for five (5) years within the municipality or an area

annexed to the municipality and is otherwise eligible for such

appointment under this article.

F. The Urban Renewal Authority may employ an executive

director, technical experts and such other agents and employees,

permanent and temporary, as it may require, and determine their

qualifications, duties and compensation. The Authority may receive

legal services of the staff of the municipality or it may employ or

retain its own legal counsel and legal staff and may contract for

any services necessary to its operation under this article. An

Authority authorized to transact business and exercise powers under

this article shall file, with the mayor and the municipal governing

body, on or before July 31 of each year, a report of its activities

for the preceding fiscal year ending June 30, which report shall

include a complete financial statement setting forth its assets,

liabilities, income and operating expenses as of the end of such

fiscal year. At the time of filing the report, the Authority shall

publish in a newspaper of general circulation in the area of

operation, a notice to the effect that such report has been filed

with the mayor and municipal governing body and that the report is

available for inspection during business hours in the office of the

clerk or other appropriate officer of the municipality and in the

office of the Urban Renewal Authority.

G. A Commission member may be removed from office prior to the

expiration of the term for which he was appointed only for

inefficiency or neglect of duty or misconduct in office by a two-

thirds majority vote of the municipal governing body after hearing

based on charges which are written and a copy delivered to such

Commission member at least ten (10) days before such hearing. A

Commission member may represent himself at such hearing or be

represented by counsel.
Okla. Stat. tit. 11, § 11-44-103 — OK Code / Title 11 / Section 11-44-103
Board of adjustment in cities over 200,000 population -
Status: in_force

Hearings and compensation.

In any city which has a population in excess of two hundred

thousand (200,000), the board of adjustment shall hold a minimum of

two regular scheduled public hearings per month, unless the city

also has a board of building code appeals which holds at least one

meeting each month in addition to the monthly meeting of the board

of adjustment. The members of the board of adjustment may receive a

per diem of Twenty-five Dollars ($25.00) for each meeting attended

not to exceed Fifty Dollars ($50.00) per month.
Okla. Stat. tit. 11, § 11-9-103 — OK Code / Title 11 / Section 11-9-103
Qualifications of governing body members
Status: in_force

The governing body members shall be residents and registered

voters of the city, and the councilmembers from wards shall be

actual residents of their respective wards at the time of their

respective candidacies and elections. Removal of a councilmember

from a ward to another ward within the municipality after his or her

election, or a change in ward boundaries, shall not disqualify the

councilmember from completing the term for which he or she was

elected.

Oklahoma Statutes - Title 11. Cities and Towns Page 48
Okla. Stat. tit. 11, § 11-52-107 — OK Code / Title 11 / Section 11-52-107
Clerks' and Treasurers' Training Fund abolished
Status: in_force

Effective November 15, 1986, the "Clerks' and Treasurers'

Training Fund" is abolished. All monies received to the credit of

said fund shall be deposited to the State Career-Technology Fund in

the State Treasury.
Okla. Stat. tit. 11, § 11-22-130 — OK Code / Title 11 / Section 11-22-130
Reassessments for void or illegal assessments
Status: in_force

When a municipal governing body has attempted to levy any

assessment for improvements which may have been informal, illegal or

void for want of sufficient authority or other cause, the governing

body of the municipality shall reassess any such assessment in the

manner provided by law.
Okla. Stat. tit. 11, § 11-9-112 — OK Code / Title 11 / Section 11-9-112
City clerk - Creation and duties - Compensation
Status: in_force

The city clerk shall be an officer of the city. The clerk shall

serve as clerk for the council. The city clerk shall:

1. keep the journal of the proceedings of the city council; and

2. enroll all ordinances and resolutions passed by the council

in a book or set of books kept for that purpose; and

3. have custody of documents, records, and archives, as may be

provided for by law or by ordinance, and have custody of the seal of

the city; and

4. attest and affix the seal of the city to documents as

required by law or by ordinance; and

Oklahoma Statutes - Title 11. Cities and Towns Page 51

5. have such other powers, duties, and functions related to his

statutory duties as may be prescribed by law or by ordinance. The

person who serves as city clerk may be employed by the city to

perform duties not related to his position as city clerk. The

salary, if any, for said duties shall be provided for separately by

ordinance.
Okla. Stat. tit. 11, § 11-9-117 — OK Code / Title 11 / Section 11-9-117
Appointments and removals
Status: repealed

Appointments and promotions in the service of a statutory

aldermanic city shall be made solely on the basis of merit and

fitness. Removals, demotions, suspensions, and layoffs shall be

made solely for the good of the service. The council may suspend

for cause, by a majority vote of all its members, any officer of the

city except the mayor. The council by ordinance may establish a

system for appointment and removal of employees on the basis of

merit. After the council establishes a merit system, it shall adopt

regulations governing the organization and functioning of the

system, and for the regulation of personnel matters. The ordinance

establishing the merit system may not be repealed except upon the

approval of a majority of the registered voters voting on the

question at a special or general election in the city.
Okla. Stat. tit. 11, § 11-22-111.1 — OK Code / Title 11 / Section 11-22-111.1
Certification for employees enforcing cleaning and
Status: in_force

mowing provisions.

Employees of a municipality employed or otherwise assigned to

enforce provisions of Section 22-111 of Title 11 of the Oklahoma

Statutes shall complete certification training specifically

applicable to such section as adopted and administered by the

Oklahoma Code Enforcement Association, an internationally recognized

model code organization, career technical education program, or an

institution of higher education. The certification training shall

be completed within one (1) year of employment or assignment for

such enforcement.
Okla. Stat. tit. 11, § 11-22-103 — OK Code / Title 11 / Section 11-22-103
Service of notice or process on municipality
Status: in_force

Any notice or process affecting a municipality shall be served

upon the municipal clerk, or in his or her absence then upon a

deputy municipal clerk and upon the mayor.
Okla. Stat. tit. 11, § 11-27-116 — OK Code / Title 11 / Section 11-27-116
Arraignment - Fines in lieu of appearance
Status: in_force

The arraignment shall be made by the court. The judge or the

prosecuting attorney shall read the complaint to the defendant,

inform him of his legal rights and of the consequences of

conviction, and ask him whether he pleads guilty or not guilty. The

municipal governing body by ordinance may prescribe a schedule of

fines which the defendant may pay in lieu of his appearance before

the municipal court and such payment shall constitute a final

determination of the cause against the defendant.
Okla. Stat. tit. 11, § 11-13-102 — OK Code / Title 11 / Section 11-13-102
Procedure for adopting charters - Petition or governing
Status: in_force

body resolution.

The mayor of an incorporated municipality shall issue an order

calling for an election on the question of whether or not the

municipality shall frame a charter for its own government and elect

a board of freeholders to prepare the charter when:

1. A petition signed by not less then twenty-five percent (25%)

of the registered voters of the municipality, as shown by the

preceding general election, is filed with the governing body; or

2. The governing body, by resolution, so directs.

The order calling for the election shall be issued within ten (10)

days after a petition has been filed with the governing body or

within ten (10) days after the date of the governing body

resolution.
Okla. Stat. tit. 11, § 11-42-108 — OK Code / Title 11 / Section 11-42-108
Vacating part of a plat - Closing highways
Status: in_force

Any part of a plat may be vacated in accordance with the

procedures and subject to the conditions of Sections 42-101 through

42-115 of this title, provided that such vacating does not abridge

or destroy any of the rights and privileges of other owners in the

plat. Nothing contained in this section shall authorize the closing

or obstructing of any public highway laid out according to law.
Okla. Stat. tit. 11, § 11-49-142 — OK Code / Title 11 / Section 11-49-142
Refusal to comply with act - Petition to district court
Status: in_force

- District attorney to represent applicant - Fees and costs.

In case a municipality, or official thereof, refuses to comply

with the provisions of Sections 49-138 through 49-142 of this

title, then any person entitled to the benefits hereof may file a

petition in the Oklahoma County district court, without cost

deposit, to specifically require such municipality, or official

thereof, to comply with said provisions, and, as incident thereto,

to compensate said person for any loss of wages or benefits suffered

by such refusal. The court shall order a speedy hearing in any such

case and shall advance it on the calendar. Upon application to the

Oklahoma District Attorney by any person claiming to be entitled to

the benefits of the provisions hereof, such District Attorney, if

reasonably satisfied that the person so applying is entitled to such

benefits, shall appear and act as attorney for such person in the

amicable adjustment of the claim or in the filing of the petition

and the prosecution thereof. The action in the district court shall

be brought within ninety (90) days from the date of the refusal of

the municipality, or its representative, to comply with the

provisions of this act. No fees or court costs shall be taxed

against the person so applying.Oklahoma Statutes - Title 11. Cities and Towns Page 21
Okla. Stat. tit. 11, § 11-7-107 — OK Code / Title 11 / Section 11-7-107
Involuntary dissolution - Hearing and order
Status: in_force

Any person owning property in or registered to vote in the

municipality may appear at the hearing and give testimony for or

against dissolution of the municipality. If the court finds that

the government of the municipality has ceased to function because of

the reasons listed in Section 7-105 of this title, it shall enter an

order for dissolution of the municipality. The order of the court

shall state when the dissolution shall take effect and appoint a

receiver, if necessary, to wind up the affairs of the municipality

and dispose of its property. A record of dissolution shall be filed

in the manner provided for voluntary dissolution.
Okla. Stat. tit. 11, § 11-36-211 — OK Code / Title 11 / Section 11-36-211
Final statement of cost - Designation of land in
Status: in_force

improvement district - Roster.

A. After the contract has been let and the grading and

underground connections have been made, the engineer shall prepare

and file with the municipal clerk a final, complete and accurate

statement of the cost of the entire improvement, including

engineering, appraising, advertising and other expenses incurred or

to be incurred by the municipality incident to the improvement,

together with any and all additions to the contract price of the

improvements and the cost of all water, gas, sewer or other utility

connections directly chargeable against the abutting property.

B. The engineer or municipal clerk shall prepare a roster of

the owners of the lots and parcels of land which are to be included

in the improvement district. The roster shall contain, according to

the record title thereof:

1. The names of the last known owners of the property to be

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

treasurer's office, or as shown by the certificate of a bonded

abstractor; or in case the name of the owner is not known, a

statement to that effect; and

2. A description of each tract or parcel of land to be

assessed.

Any error in the description of any lot or tract of land liable for

assessment shall not invalidate the assessment or lien thereof.

C. The governing body shall adopt and approve the final

statement of cost, and the roster designating the lots and parcels

of land liable for assessment, if they are found to be correct.

Oklahoma Statutes - Title 11. Cities and Towns Page 331
Okla. Stat. tit. 11, § 11-37-212 — OK Code / Title 11 / Section 11-37-212
Notice of resolution of necessity - Publication and
Status: in_force

mailing.

A. The resolution of necessity shall be published in at least

two (2) consecutive Thursday issues of a daily newspaper, or at

least two (2) consecutive issues of a weekly newspaper, which

newspaper shall be of general circulation in the municipality.

B. Not less than ten (10) days before the date of the first

hearing affecting the proposed district, as set forth in the

resolution of necessity, the clerk shall notify each listed owner of

Oklahoma Statutes - Title 11. Cities and Towns Page 384

lots or tracts of land within the district as shown by the current

year's tax rolls in the county treasurer's office, which list shall

be furnished by the engineer, as follows:

1. By mailing a postal card directly to the listed owner at his

last-known address as shown by the tax roll, notifying the owner of

the initiation of proceedings and advising him that his property,

describing it, will be liable to assessment to pay for the

improvement, and referring him to the newspaper and issues thereof

in which the resolution is or will be published for further

particulars; or

2. In lieu of mailing the postal card, by mailing to each of

the listed owners a copy of the newspaper publication, which mailing

shall not be less than ten (10) days before the first hearing.

If several tracts appear to be owned by the same person, all may be

included in the same notification.

C. Proof of the notification given shall be made by affidavit

of the clerk and filed in his office. However, the failure of any

one or more listed owners to receive the notification shall not

invalidate any of the proceedings hereunder.
Okla. Stat. tit. 11, § 11-30-106 — OK Code / Title 11 / Section 11-30-106
Qualifications of nurses and attendants - Physicians
Status: in_force

and surgeons.

The board of control shall appoint none other than competent and

experienced nurses and attendants for the municipal hospital, and

employ competent and experienced physicians and surgeons to care

Oklahoma Statutes - Title 11. Cities and Towns Page 282

for, and render medical and surgical treatment to, the patients of

the hospital.
Okla. Stat. tit. 11, § 11-36-215 — OK Code / Title 11 / Section 11-36-215
Hearing - Correction and confirmation of apportionment
Status: in_force

Any person, firm or corporation may, at or prior to the hearing

on the apportionment, file objections in writing against the

validity of the assessment roll or amount of the proposed

assessment, specifically setting forth the nature thereof, and shall

have full opportunity to be heard thereon. The governing body shall

adjudicate and determine the objections and may make such order as

may be just and proper. Any objections to the regularity of the

Oklahoma Statutes - Title 11. Cities and Towns Page 334

proceedings with reference to the making of the improvement or the

validity or the amount of any assessment shall be deemed waived

unless presented at the time and in the manner herein specified. At

the hearing on the apportionment, or any adjournment thereof, the

municipal governing body may review and correct the apportionment

and assessment, and raise or lower the same as to any lots or tracts

of land, as it shall deem just. The governing body by resolution

shall confirm the apportionment and assessment as so revised and

corrected by it.
Okla. Stat. tit. 11, § 11-29-103 — OK Code / Title 11 / Section 11-29-103
Firefighters - How appointed
Status: in_force

The members of all paid municipal fire departments shall, on

approval of the chief of the fire department, be appointed in the

manner provided by law applicable to the form of municipal

government for the appointment of municipal employees.
Okla. Stat. tit. 11, § 11-50-114.2 — OK Code / Title 11 / Section 11-50-114.2
Direct rollover distributions
Status: in_force

A. This section applies to distributions made on or after

January 1, 2002. Notwithstanding any provision of the Oklahoma

Police Pension and Retirement System to the contrary that would

otherwise limit a Distributee's election hereunder, a Distributee,

including a nonspouse designated beneficiary, to the extent

permitted under paragraph 3 of subsection B of this section, may

elect, at the time and in the manner prescribed by the Oklahoma

Police Pension and Retirement Board, to have any portion of an

Eligible Rollover Distribution paid directly to an Eligible

Retirement Plan specified by the Distributee in a Direct Rollover.

Oklahoma Statutes - Title 11. Cities and Towns Page 662

B. For purposes of this section, the following definitions

shall apply:

1. "Eligible Rollover Distribution" means any distribution of

all or any portion of the balance to the credit of the Distributee,

except that an Eligible Rollover Distribution does not include: any

distribution that is one of a series of substantially equal periodic

payments (not less frequently than annually) made for the life (or

life expectancy) of the Distributee or the joint lives (or life

expectancies) of the Distributee and the Distributee's designated

beneficiary, or for a specified period of ten (10) years or more;

any distribution to the extent such distribution is required under

Section 401(a)(9) of the Internal Revenue Code of 1986, as amended;

and the portion of any distribution that is not includable in gross

income. A portion of a distribution shall not fail to be an

Eligible Rollover Distribution merely because the portion consists

of after-tax member contributions which are not includable in gross

income. However, such portion may be transferred only:

a. from January 1, 2002, through December 31, 2006:

(1) to an individual retirement account or annuity

described in Section 408(a) or (b) of the

Internal Revenue Code of 1986, as amended, or

(2) in a direct trustee-to-trustee transfer, to a

qualified trust which is part of a defined

contribution plan that agrees to separately

account for amounts so transferred, including

separately accounting for the portion of such

distribution which is includable in gross income

and the portion of such distribution which is not

so includable, and

b. on or after January 1, 2007:

(1) to an individual retirement account or annuity

described in Section 408(a) or (b) of the

Internal Revenue Code of 1986, as amended, or

(2) in a direct trustee-to-trustee transfer, to a

qualified trust or an annuity contract described

in Section 403(b) of the Internal Revenue Code of

1986, as amended, and such trust or contract

provides for separate accounting for amounts so

transferred (and earnings thereon), including

separately accounting for the portion of such

distribution which is includable in gross income

and the portion of such distribution which is not

so includable.

Effective for distributions after December 31, 2007, such after-

tax portion may also be directly transferred to a Roth individual

retirement account or annuity, described in Section 408A of the

Internal Revenue Code of 1986, as amended (Roth IRA), subject to any

Oklahoma Statutes - Title 11. Cities and Towns Page 663

limitations described in Section 408A(c) of the Internal Revenue

Code of 1986, as amended.

Notwithstanding the foregoing, effective January 1, 2009, to the

extent applicable, if all or a portion of a distribution from the

Oklahoma Police Deferred Option Plan during 2009 is treated as an

Eligible Rollover Distribution pursuant to Section 402(c)(4) of the

Internal Revenue Code of 1986, as amended, but would not be so

treated if the minimum distribution requirements under Section

401(a)(9) of the Internal Revenue Code of 1986, as amended, had

applied during 2009, such distribution shall not be treated as an

Eligible Rollover Distribution for purposes of Section 401(a)(31),

Section 3405(c) or Section 402(f) of the Internal Revenue Code of

1986, as amended;

2. "Eligible Retirement Plan" means an individual retirement

account described in Section 408(a) of the Internal Revenue Code of

1986, as amended, an individual retirement annuity described in

Section 408(b) of the Internal Revenue Code of 1986, as amended, an

annuity plan described in Section 403(a) of the Internal Revenue

Code of 1986, as amended, or a qualified trust described in Section

401(a) of the Internal Revenue Code of 1986, as amended, that

accepts the Distributee's Eligible Rollover Distribution. Effective

January 1, 2002, an Eligible Retirement Plan shall also mean an

annuity contract described in Section 403(b) of the Internal Revenue

Code of 1986, as amended, and an eligible plan under Section 457(b)

of the Internal Revenue Code of 1986, as amended, which is

maintained by a state, political subdivision of a state, or any

agency or instrumentality of a state or political subdivision of a

state and which agrees to separately account for amounts transferred

into such plan from the System. Effective for distributions after

December 31, 2007, an Eligible Retirement Plan includes a Roth IRA,

subject to any limitations under Section 408A(c) of the Internal

Revenue Code of 1986, as amended. Effective for distributions after

December 18, 2015, an Eligible Retirement Plan includes a SIMPLE IRA

in accordance with Section 408(p)(1)(B) of the Internal Revenue Code

of 1986, as amended, for purposes of a rollover contribution to such

SIMPLE IRA, but only if such rollover contribution is made after

December 18, 2015, and only if such rollover contribution occurs

after the two-year period described in Section 72(t)(6) of the

Internal Revenue Code of 1986, as amended;

3. "Distributee" means an employee or former employee. In

addition, the employee's or former employee's surviving spouse and

the employee's or former employee's spouse or former spouse who is

the alternate payee under a qualified domestic order, as defined in

subsection B of Section 50-124 of this title, are Distributees with

regard to the interest of the spouse or the former spouse. A

Distributee also includes the member's nonspouse designated

beneficiary (and certain trusts described in Section 402(c)(11)(B)

Oklahoma Statutes - Title 11. Cities and Towns Page 664

of the Internal Revenue Code of 1986, as amended), pursuant to

Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as

amended, who may elect any portion of a payment to be made in a

Direct Rollover only to an individual retirement account or annuity

(other than an endowment contract) described in Section 408(a) or

(b) of the Internal Revenue Code of 1986, as amended, (IRA)

(including, effective for distributions after December 18, 2015, a

SIMPLE IRA but only if such contribution occurs after the two-year

period described in Section 72(t)(6) of the Internal Revenue Code,

as amended, and is made in accordance with the Protecting Americans

from Tax Hikes Act of 2015), or, effective for distributions after

December 31, 2007, to a Roth IRA, that is established on behalf of

such nonspouse designated beneficiary for the purpose of receiving

the distribution and that will be treated as an inherited IRA

pursuant to the provisions of Section 402(c)(11) of the Internal

Revenue Code of 1986, as amended. Also, in this case, the

determination of any required minimum distribution under Section

401(a)(9) of the Internal Revenue Code of 1986, as amended, that is

ineligible for rollover shall be made in accordance with Notice

2007-7, Q&A 17 and 18, 2007-5 I.R.B. 395. The required minimum

distribution rules of Section 401(a)(9)(B) (other than clause iv

thereof) of the Internal Revenue Code of 1986, as amended, apply to

the transferee IRA; and

4. "Direct Rollover" means a payment by the System to the

Eligible Retirement Plan specified by the Distributee.

C. At least thirty (30) days before and, effective for years

beginning after December 31, 2006, not more than one hundred eighty

(180) days before the date of distribution, the Distributee (other

than a nonspouse designated beneficiary prior to July 1, 2010) must

be provided with a notice of rights which satisfies Section 402(f)

of the Internal Revenue Code of 1986, as amended, as to rollover

options and tax effects. Such distribution may commence less than

thirty (30) days after the notice is given, provided that:

1. The Oklahoma Police Pension and Retirement Board clearly

informs the Distributee that the Distributee has a right to a period

of at least thirty (30) days after receiving the notice to consider

the decision of whether or not to elect a distribution; and

2. The Distributee, after receiving the notice, affirmatively

elects a distribution.

D. For distributions made after December 31, 2006, but prior to

July 1, 2010, a distribution with respect to a nonspouse designated

beneficiary shall be made in accordance with Notice 2007-7, Q&A 15,

2007-5 Internal Revenue Bulletin 395. Effective for plan years

beginning after December 31, 2009, a distribution with respect to a

nonspouse designated beneficiary shall be subject to Sections

401(a)(31), 402(f), and 3405(c) of the Internal Revenue Code of

1986, as amended.

Oklahoma Statutes - Title 11. Cities and Towns Page 665

E. Effective for distributions after December 31, 2014, for

purposes of determining the portion of a disbursement of benefits

from the System to a Distributee that is not includible in gross

income under Section 72 of the Internal Revenue Code of 1986, as

amended, the guidance under I.R.S. Notice 2014-54 shall be followed.
Okla. Stat. tit. 11, § 11-12-102 — OK Code / Title 11 / Section 11-12-102
Governing body - Board of trustees - Terms
Status: in_force

The town board of trustees shall consist of either three (3) or

five (5) trustees who shall be nominated from wards or at large and

elected at large. The governing body may submit to the voters the

question of whether the town board shall consist of either three (3)

or five (5) trustees. If approved, the election of trustees to fill

any new positions shall take place at the time set by the town board

but no later than the next regular municipal election. The terms of

the new trustees shall be staggered as provided for in Sections 16-

205 and 16-206 of this title.
Okla. Stat. tit. 11, § 11-34-107 — OK Code / Title 11 / Section 11-34-107
Safety and liability policies
Status: in_force

A. Beginning January 1, 2016, every municipal police department

shall have adopted policies in place that at a minimum address the

following safety and liability issues, including but not limited to:

1. Search and seizure;

2. Arrest and alternatives to arrest;

3. Strip and body cavity searches;

4. Evidence and property management;

5. Inventories and audits;

6. Use of firearms and use of force;

7. Pursuit driving;

8. Impartial policing/racial profiling;

9. Mental health;

10. Professional conduct of officers;

11. Domestic abuse;

12. Response to missing persons; and

13. Supervision of part-time officers.

B. The Oklahoma Association of Chiefs of Police shall possess

the responsibility of conducting compliance reviews for Oklahoma

Municipal Law Enforcement Agencies. Compliance reviews shall be

conducted upon receipt of a complaint or reasonable cause to believe

that the agency has failed to comply with safety and liability

policy requirements.

C. A complaint against a municipality for noncompliance with

this section shall be submitted in writing to the Oklahoma

Association of Chiefs of Police, the Director of CLEET and the

municipality pursuant to the provisions of Section 22-103 of Title

11 of the Oklahoma Statutes. Upon notification, the municipality

shall have six (6) months to come into compliance. If the agency

has not come into compliance after six (6) months, the Oklahoma

Association of Chiefs of Police shall notify in writing the chief

elected official of the governing body of the law enforcement

agency, the chief law enforcement officer of the law enforcement

agency, and the liability insurance company of the law enforcement

agency. If after six (6) months a municipality has not reached full

compliance with the requirements of this section, the Oklahoma

Association of Chiefs of Police may request the Director of CLEET

for an additional six (6) months if it is determined the

municipality is substantially attempting to comply with the

requirements herein.
Okla. Stat. tit. 11, § 11-22-154 — OK Code / Title 11 / Section 11-22-154
Additional sources of security for utility revenue
Status: in_force

obligations.

Nothing in the Oklahoma Municipal Utility Revenue Bond Act shall

prevent a municipality from dedicating sales taxes or other

municipal taxes as an additional source of payment and security for

its utility revenue obligations, provided that the dedication of

such tax revenue is approved by a majority of municipal voters

voting at an election held for that purpose, in the manner set out

in Section 2701 of Title 68 of the Oklahoma Statutes and other

applicable laws, on a ballot question separate from the question of

the issuance of revenue obligations. Further, nothing in the

Oklahoma Municipal Utility Revenue Bond Act shall prevent a

municipality from purchasing a policy of municipal bond insurance,

securing a rating on the creditworthiness of the obligations,

obtaining a letter of credit and other such credit enhancement

product generally utilized in the public finance industry to further

enhance and secure the obligations, provided, that at the time of

the securing of such credit enhancement it reasonably appears to the

governing body of the municipality that such credit enhancement

shall result in a reduction in the amount of interest to be paid by

the municipality over the life of the obligations, taking into

account the cost of such credit enhancement. The dedication of such

municipal taxes or the providing of credit enhancement for the

obligations shall be at the sound discretion of the governing body

of the municipality.

Oklahoma Statutes - Title 11. Cities and Towns Page 201
Okla. Stat. tit. 11, § 11-32-101 — OK Code / Title 11 / Section 11-32-101
Definitions
Status: in_force

As used in Sections 32-101 through 32-117 of this title, the

terms "public parking stations" and "parking stations" include

parking lots, parking areas, passageways, arcades, buildings or

other structures for parking or storage of automotive vehicles, and

facilities for ingress and egress to automobile parking facilities.

Oklahoma Statutes - Title 11. Cities and Towns Page 285
Okla. Stat. tit. 11, § 11-49-124 — OK Code / Title 11 / Section 11-49-124
Report by clerk of statistics as to fire department
Status: in_force

On forms supplied by the State Board, it is hereby made the duty

of the clerk of each participating municipality in which an

organized department is maintained to record annually with the State

Board the name of such fire department and the number of fire

fighters with their names, birthdate, date of appointment and date

of expiration of term of service.
Okla. Stat. tit. 11, § 11-40-103 — OK Code / Title 11 / Section 11-40-103
Procedure for application of act - Limitations
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 447

A. No city or town shall exercise any of the powers conferred

by this act unless the governing body of such city or town shall

have adopted a resolution finding that all or a portion of the

commercial, industrial or residential neighborhood seeking to be

redeveloped contains blighted conditions and the conservation,

development or redevelopment of such area is necessary to promote

the general and economic welfare of such city or town.

B. The powers conferred upon cities and towns under the

provisions of this act shall be exercised only in commercial,

industrial or residential neighborhoods of cities and towns, as

determined by resolution adopted pursuant to Section 40-104 of this

title.
Okla. Stat. tit. 11, § 11-36-502 — OK Code / Title 11 / Section 11-36-502
Definitions
Status: in_force

As used in the Oklahoma Small Wireless Facilities Deployment

Act:

1. "Antenna" means communications equipment that transmits or

receives electromagnetic radio frequency signals used in the

provision of wireless services;

2. "Applicable codes" means uniform building, fire, electrical,

plumbing or mechanical codes adopted by a recognized national code

organization or local amendments to those codes enacted solely to

address imminent threats of destruction of property or injury to

persons to the extent not inconsistent with this act;

3. "Applicant" means any person who submits an application and

is a wireless provider;

4. "Application" means a request submitted by an applicant to

an authority:

a. for a permit to collocate small wireless facilities,

or

b. to approve the installation, modification or

replacement of a utility pole;

5. "Authority" means a municipality or a municipal electric

utility;

6. "Authority pole" means a utility pole owned, managed or

operated by or on behalf of an authority;

7. "Collocate" means to install, mount, maintain, modify,

operate or replace small wireless facilities on or adjacent to a

wireless support structure or utility pole. "Collocation" has a

corresponding meaning;

8. "Communications service provider" means a cable operator as

defined in 47 U.S.C., Section 522(5), a provider of information

service as defined in 47 U.S.C., Section 153(24), a

Oklahoma Statutes - Title 11. Cities and Towns Page 353

telecommunications carrier as defined in 47 U.S.C., Chapter 153(51),

or a wireless provider;

9. "Decorative pole" means an authority pole that is specially

designed and placed for aesthetic purposes and on which no

appurtenances or attachments, other than a small wireless facility,

light fixtures or specially designed informational or directional

signage or temporary holiday or special event attachments, have been

placed or are permitted to be placed according to nondiscriminatory

municipal rules or codes;

10. "Electric distribution pole" means an authority pole used

to support an electric distribution system;

11. "FCC" means the Federal Communications Commission of the

United States;

12. "Fee" means a one-time, nonrecurring charge;

13. "Historic district" means a group of buildings, properties

or sites that are zoned by the authority as a historic district on

or before March 31, 2018; included in the State Register of Historic

Places in accordance with Section 355 of Title 53 of the Oklahoma

Statutes; or are either listed in the National Register of Historic

Places or formally determined eligible for listing by the Keeper of

the National Register, the individual who has been delegated the

authority by the federal agency to list properties and determine

their eligibility for the National Register, in accordance with

Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement

codified at 47 C.F.R. Part 1, Appendix C;

14. "Law" means federal, state or local law, statute, common

law, code, rule, regulation, order or ordinance;

15. "Micro wireless facility" means a small wireless facility

that meets the following qualifications:

a. is not larger in dimension than twenty-four (24)

inches in length, fifteen (15) inches in width, and

twelve (12) inches in height, and

b. any exterior antenna is no longer than eleven (11)

inches;

16. "Permit" means a written authorization required by an

authority to perform an action or initiate, continue or complete a

project;

17. "Person" means an individual, corporation, limited

liability company, partnership, association, trust or other entity

or organization, including an authority;

18. "Rate" means a recurring charge;

19. "Right-of-way" means the area within the jurisdiction of

the authority that is on, below or above a public roadway, highway,

street, sidewalk, alley or similar property or a public easement

that authorizes the deployment sought by the wireless provider, but

does not include a federal interstate highway;

Oklahoma Statutes - Title 11. Cities and Towns Page 354

20. "Small wireless facility" means a wireless facility that

meets both of the following qualifications:

a. each antenna of the wireless provider could fit within

an enclosure of no more than six (6) cubic feet in

volume, and

b. all other wireless equipment associated with the

wireless facility, whether ground- or pole-mounted, is

cumulatively no more than twenty-eight (28) cubic feet

in volume. The following types of associated

ancillary equipment are not included in the

calculation of equipment volume: electric meter,

concealment elements, telecommunications demarcation

box, grounding equipment, power transfer switch, cut-

off switch and vertical cable runs for the connection

of power and other services;

21. "Technically feasible" means that by virtue of engineering

or spectrum usage, the proposed placement for a small wireless

facility, or its design or site location can be implemented without

a reduction in the functionality of the small wireless facility;

22. "Utility pole" means a pole or similar structure that is or

may be used in whole or in part by or for wireline communications,

electric distribution, lighting, traffic control, signage or a

similar function, or for the collocation of small wireless

facilities; provided, however, such term shall not include wireless

support structures or electric transmission structures. Utility

poles controlled by an investor-owned electric utility or electric

cooperative are subject to Section 7 of this act;

23. "Wireless facility" means equipment at a fixed location

that enables wireless communications between user equipment and a

communications network, including: (a) equipment associated with

wireless communications; and (b) radio transceivers, antennas,

coaxial or fiber-optic cable, regular and backup power supplies and

comparable equipment regardless of technological configuration. The

term includes small wireless facilities. The term does not include:

a. the structure or improvements on, under or within

which the equipment is collocated, or

b. coaxial or fiber-optic cable that is between wireless

support structures or utility poles or that is

otherwise not immediately adjacent to or directly

associated with a particular antenna;

24. "Wireless infrastructure provider" means any person

authorized to provide telecommunications service in the state that

builds or installs wireless communication transmission equipment,

wireless facilities or wireless support structures but that is not a

wireless services provider;

25. "Wireless provider" means a wireless infrastructure

provider or a wireless services provider;

Oklahoma Statutes - Title 11. Cities and Towns Page 355

26. "Wireless services" means any services, whether at a fixed

location or mobile, provided to the public using wireless

facilities;

27. "Wireless services provider" means a person who provides

wireless services; and

28. "Wireless support structure" means a structure such as a

monopole; tower, either guyed or self-supporting; billboard;

building; or other existing or proposed structure designed to

support or capable of supporting wireless facilities other than a

structure designed solely for the collocation of small wireless

facilities. Such term shall not include a utility pole.
Okla. Stat. tit. 11, § 11-36-301 — OK Code / Title 11 / Section 11-36-301
Issuance of negotiable coupon bonds
Status: in_force

The municipal governing body may, after the expiration of thirty

(30) days from the publication of the assessing ordinance, within

which period the whole of any assessment may be paid without

interest, provide by resolution for the issuance of bonds to pay all

or any part of the cost of the street improvement. The bonds shall

be in the aggregate amount of the assessments then remaining unpaid,

bearing the date of thirty (30) days after the publication of the

assessing ordinance, and be of such denominations as the governing

body and the contractor shall determine. The bonds shall in no

event become a liability of the municipality issuing the bonds. The

bonds shall be payable on or before the first of October next

succeeding the September 1 on which the last installment of

assessments shall mature. The interest on the bonds shall be at the

rate of not to exceed twelve percent (12%) per annum, payable on

October 1 following the due date of the first installment of

assessments, and semiannually thereafter, until maturity, and

Oklahoma Statutes - Title 11. Cities and Towns Page 340

fifteen percent (15%) per annum after maturity. The bonds shall be

designated as Street Improvement Bonds and shall:

1. Recite the street or streets or part of streets, or other

public places, for the improvement of which they have been issued;

2. State that they are payable, in cash, from the assessments

which have been levied upon the lots and tracts of land benefited by

the improvement and from the accumulation of the interest and

penalty on the assessment;

3. Designate the place, either within or without Oklahoma,

where the bonds and interest shall be payable;

4. Be signed by the mayor and attested by the municipal clerk;

and

5. Contain an impression of the corporate seal of the

municipality thereon.

Facsimile of the signatures of the mayor and municipal clerk may be

used as provided in the Registered Public Obligations Act of

Oklahoma. The bonds shall be issued in series, and the bonds of

each series shall be numbered consecutively beginning with number

One, and the bonds of each series shall be payable, in cash, in

their numerical order.
Okla. Stat. tit. 11, § 11-14-114 — OK Code / Title 11 / Section 11-14-114
Municipal governing body - Rewards - Reward fund
Status: in_force

A. A municipal governing body is authorized to offer and pay a

reward, from municipal funds, in an amount not to exceed One

Thousand Dollars ($1,000.00) for the arrest and conviction, or for

evidence leading to the arrest and conviction of any person stealing

or defacing municipal road signs or other municipal owned property.

B. The municipal governing body may create and maintain a

reward fund from which to pay the rewards provided for in subsection

A of this section. The municipal governing body shall determine the

amount and source of funds necessary to pay the rewards authorized

in subsection A of this section.

C. Any person convicted of theft or defacing municipal road

signs or other municipal owned property may, in lieu of other fines

and penalties, be required to deposit like amount into the reward

fund established pursuant to this section.

D. A municipal governing body shall not be required to provide

rewards or create a reward fund pursuant to the provisions of this

section.
Okla. Stat. tit. 11, § 11-35-206 — OK Code / Title 11 / Section 11-35-206
Expenditures for conservation of electricity or natural
Status: in_force

gas by public agencies.

The Oklahoma State Legislature hereby determines that

expenditures of funds for the purposes of the conservation of

electricity or natural gas by public agencies is in the public

interest. In furtherance of this public interest, municipally owned

utilities or public trusts thereof or the Grand River Dam Authority

may expend, with governing board approval, funds to assist consumers

in the establishment of energy conservation activities if there is a

defined and measurable conservation of energy. The expenditures may

be made subsequent to achievement of measures outlined in an energy

audit or an engineering audit of the consumer’s operations.
Okla. Stat. tit. 11, § 11-37-109 — OK Code / Title 11 / Section 11-37-109
Water charges - Enforcement
Status: in_force

The municipal governing body shall fix the water charges to be

paid by the consumer and provide by ordinance for appropriate

penalties for the violation thereof as the governing body may deem

proper for the regulation and protection of the waterworks.
Okla. Stat. tit. 11, § 11-27-124 — OK Code / Title 11 / Section 11-27-124
Supervision of juveniles on parole or probation
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 251

In addition to the duties otherwise provided by law, the judge

of each municipal court, or some other person designated by the

governing body of the municipality where the court is established,

shall be required to supervise all juveniles who are either on

parole or serving probation terms or suspended sentences pronounced

and adjudged by the municipal court.
Okla. Stat. tit. 11, § 11-22-111 — OK Code / Title 11 / Section 11-22-111
Cleaning and mowing of property - Summary abatement -
Status: in_force

Ordinances – Definitions - Application.

A. A municipal governing body may cause property within the

municipal limits to be cleaned of trash and weeds or grass to be cut

or mowed in accordance with the following procedure:

1. At least ten (10) days' notice shall be given to the owner

of the property by mail at the address shown by the current year's

tax rolls in the county treasurer's office before the governing body

holds a hearing or takes action. The notice shall order the

property owner to clean the property of trash, or to cut or mow the

weeds or grass on the property, as appropriate, and the notice shall

further state that unless such work is performed within ten (10)

days of the date of the notice the work shall be done by the

municipality and a notice of lien shall be filed with the county

clerk against the property for the costs due and owing the

municipality. At the time of mailing of notice to the property

owner, 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. However, if the property owner

cannot be located within ten (10) days from the date of mailing by

the municipal governing body, 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, one time not less than ten (10) days

prior to any hearing or action by the municipality. If a municipal

governing body anticipates summary abatement of a nuisance in

accordance with the provisions of subsection B of this section, the

notice, whether by mail, posting or publication, shall state: that

any accumulations of trash or excessive weed or grass growth on the

Oklahoma Statutes - Title 11. Cities and Towns Page 160

owner's property occurring within six (6) months from and after the

date of this notice may be summarily abated by the municipal

governing body; that the costs of such abatement 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;

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

municipality authorizing the removal of the trash or the mowing of

the weeds or grass. By giving written consent, the owner waives the

owner's right to a hearing by the municipality;

3. A hearing may be held by the municipal governing body to

determine whether the accumulation of trash or the growth of weeds

or grass has caused the property to become detrimental to the

health, benefit, and welfare of the public and the community or a

hazard to traffic, or creates a fire hazard to the danger of

property;

4. Upon a finding that the condition of the property

constitutes a detriment or hazard, and that the property would be

benefited by the removal of such conditions, the agents of the

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

removal of trash, mowing of weeds or grass, and performance of the

necessary duties as a governmental function of the municipality.

Immediately following the cleaning or mowing of the property, the

municipal clerk shall file a notice of lien with the county clerk

describing the property and the work performed by the municipality,

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

the cleaning or mowing costs;

5. The governing body shall determine the actual cost of such

cleaning and mowing and any other expenses as may be necessary in

connection therewith, including the cost of notice and mailing. The

municipal clerk shall forward by mail to the property owner

specified in paragraph 1 of this subsection a statement of such

actual cost and demanding payment. If the cleaning and mowing are

done by the municipality, the cost to the property owner for the

cleaning and mowing shall not exceed the actual cost of the labor,

maintenance, and equipment required. If the cleaning and mowing are

done on a private contract basis, the contract shall be awarded to

the lowest and best bidder;

6. If payment is not made within thirty (30) days from the date

of the mailing of the statement, then within the next thirty (30)

days, the municipal clerk shall forward a certified statement of the

amount of the cost to the county treasurer of the county in which

the property is located and the same shall be levied on the property

and collected by the county treasurer as other taxes authorized by

law. Once certified by the county treasurer, payment may only be

made to the county treasurer except as otherwise provided for in

this section. In addition the cost and the interest thereon shall

Oklahoma Statutes - Title 11. Cities and Towns Page 161

be a lien against the property from the date the cost is certified

to the county treasurer, coequal with the lien of ad valorem taxes

and all other taxes and special assessments and prior and superior

to all other titles and liens against the property, and the lien

shall continue until the cost shall be fully paid. At the time of

collection the county treasurer shall collect a fee of Five Dollars

($5.00) for each parcel of property. The fee shall be deposited to

the credit of the general fund of the county. 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 person against the property owner and an action in

rem to foreclose its lien against the property. A mineral interest,

if severed from the surface interest and not owned by the surface

owner, shall not be subject to any tax or judgment lien created

pursuant to this section. Upon receiving payment, if any, the

municipal clerk shall forward to the county treasurer a notice of

such payment and directing discharge of the lien; and

7. The municipality may designate by ordinance an

administrative officer or administrative body to carry out the

duties of the governing body in subsection A of this section. The

property owner 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.

B. If a notice is given by a municipal governing body to a

property owner ordering the property within the municipal limits to

be cleaned of trash and weeds or grass to be cut or mowed in

accordance with the procedures provided for in subsection A of this

section, any subsequent accumulations of trash or excessive weed or

grass growth on the property occurring within a six-month period may

be declared to be a nuisance and may be summarily abated without

further prior notice to the property owner. At the time of each

such summary abatement the municipality shall notify the property

owner of the abatement and the costs thereof. The notice shall

state that the property owner may request a hearing within ten (10)

days after the date of mailing the notice. The notice and hearing

shall be as provided for in subsection A of this section. Unless

otherwise determined at the hearing the cost of such abatement shall

be determined and collected as provided for in paragraphs 5 and 6 of

subsection A of this section. This subsection shall not apply if

the records of the county clerk show that the property was

transferred after notice was given pursuant to subsection A of this

section.

C. The municipal governing body may enact ordinances to

prohibit owners of property or persons otherwise in possession or

Oklahoma Statutes - Title 11. Cities and Towns Page 162

control located within the municipal limits from allowing trash to

accumulate, or weeds to grow or stand upon the premises and may

impose penalties for violation of said ordinances.

D. As used in this section:

1. "Weed" includes but is not limited to poison ivy, poison

oak, or poison sumac and all vegetation at any state of maturity

which:

a. exceeds twelve (12) inches in height, except healthy

trees, shrubs, or produce for human consumption grown

in a tended and cultivated garden unless such trees

and shrubbery by their density or location constitute

a detriment to the health, benefit and welfare of the

public and community or a hazard to traffic or create

a fire hazard to the property or otherwise interfere

with the mowing of said weeds,

b. regardless of height, harbors, conceals, or invites

deposits or accumulation of refuse or trash,

c. harbors rodents or vermin,

d. gives off unpleasant or noxious odors,

e. constitutes a fire or traffic hazard, or

f. is dead or diseased.

The term "weed" shall not include tended crops on land zoned for

agricultural use which are planted more than one hundred fifty (150)

feet from a parcel zoned for other than agricultural use;

2. "Trash" means any refuse, litter, ashes, leaves, debris,

paper, combustible materials, rubbish, offal, or waste, or matter of

any kind or form which is uncared for, discarded, or abandoned;

3. "Owner" means the owner of record as shown by the most

current tax rolls of the county treasurer; and

4. "Cleaning" means the removal of trash from property.

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

property zoned and used for agricultural purposes or to railroad

property under the jurisdiction of the Oklahoma Corporation

Commission. However, a municipal governing body may cause the

removal of weeds or trash from property zoned and used for

agricultural purposes pursuant to the provisions of this section but

only if such weeds or trash pose a hazard to traffic and are located

in, or within ten (10) yards of, the public right-of-way at

intersections.
Okla. Stat. tit. 11, § 11-15-107 — OK Code / Title 11 / Section 11-15-107
Presentation of petition to mayor
Status: in_force

When a ballot title has been decided upon, either as approved by

the municipal attorney or by the district court, the clerk shall

notify the mayor in writing, and attach a copy of the petition and

ballot title.
Okla. Stat. tit. 11, § 11-41-107 — OK Code / Title 11 / Section 11-41-107
Fees of surveyor and register - Where recorded
Status: in_force

The surveyor who shall lay out, survey and plat any

municipality, addition or subdivision shall be entitled to receive

proper compensation for his services. The county clerk of the

county in which the property is situated shall receive fees as set

forth in Section 32 of Title 28 of the Oklahoma Statutes. The

original of the plat and survey shall be retained by the county

clerk of the county in which the property is situated, and recorded

into a plat book to be provided for that purpose.
Okla. Stat. tit. 11, § 11-28-118 — OK Code / Title 11 / Section 11-28-118
When regular panel drawn
Status: in_force

A regular jury panel may be drawn and prepared at any time upon

the order of the presiding judge.
Okla. Stat. tit. 11, § 11-28-123 — OK Code / Title 11 / Section 11-28-123
Execution of sentence - Modification, reduction or
Status: in_force

suspension - Probation - Deferred sentence.

A. All sentences of imprisonment shall be executed by the

chief of police of the city, and any person convicted of a violation

of any ordinance of the city and sentenced to imprisonment shall be

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

discretion of the court, for the time specified in the sentence.

All persons who shall be convicted in the court of violation of any

ordinance of the city and sentenced to pay a fine and costs, who

shall refuse to pay such fine or costs, shall be imprisoned in the

jail of the city for one (1) day for each Two Dollars ($2.00) of the

fine and costs assessed.

B. The judge of the municipal criminal court of record imposing

a judgment and sentence, at his discretion, is empowered to modify,

reduce, or suspend or defer the imposition of such sentence or any

part thereof and to authorize probation for a period not to exceed

six (6) months from the date of sentence, under such terms or

conditions as the judge may specify. Upon completion of the

Oklahoma Statutes - Title 11. Cities and Towns Page 265

probation term following a deferred sentence, the defendant shall be

discharged without a court judgment of guilt, and the verdict,

judgment of guilty or plea of guilty shall be expunged from the

record and said charge be dismissed with prejudice to any further

action. Upon a finding of the court that the conditions of

probation have been violated, the municipal judge may enter a

judgment of guilty.

C. The judge of the municipal court of record may continue or

delay imposing a judgment and sentence for a period of time not to

exceed one (1) year from the date of sentence. At the expiration of

such period of time the judge may allow the city attorney to amend

the charge to a lesser offense.

D. If a deferred sentence is imposed, an administrative fee of

One Hundred Dollars ($100.00) may be imposed as costs in the case.
Okla. Stat. tit. 11, § 11-35-102.1 — OK Code / Title 11 / Section 11-35-102.1
Disposition of proceeds from investment of meter
Status: in_force

deposit funds.

The proceeds from any investments of meter deposit funds and any

other earnings therefrom shall be considered to be profit derived

from the investment and shall be placed in the fund from which the

operation and maintenance expenses of the utility, for which the

meter deposits invested were collected, are paid. The investment of

such funds by the municipality shall in no manner impair its

obligation to any person, firm or corporation, to refund in full any

or all deposits theretofore or thereafter made.
Okla. Stat. tit. 11, § 11-3-101 — OK Code / Title 11 / Section 11-3-101
Petition for incorporation of town - Notice - Contents
Status: in_force

A. A petition for incorporation of a town shall be presented to

the board of county commissioners of the county in which the

proposed town is located, at the time indicated in the notice, as

provided for in subsection C of this section, or as soon thereafter

as the board can receive and consider it. The petition shall be:

1. In writing; and

2. Signed by at least one-third (1/3) of the registered voters

residing in the proposed town as shown by the preceding general

election or by at least twenty-five (25) registered voters residing

in the proposed town, whichever number is greater. The registered

voters signing the petition must be residents of the proposed town

at the time of signing the petition and for the sixty (60) days

immediately preceding the signing of the petition.

B. 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, that the signatures on the petition are

in compliance with the provisions of paragraph 2 of subsection A of

this section, and that the signatures on the petition were not

gathered more than thirty (30) days prior to the petition being

presented to the board. The petition shall include:

1. The name of the proposed town;

2. The survey and plat of the proposed town;

Oklahoma Statutes - Title 11. Cities and Towns Page 30

3. The resident population including names and addresses of

persons residing in the area of the proposed town not more than

sixty (60) days prior to presenting the petition to the board of

county commissioners;

4. The number and boundaries of the proposed town wards or, if

no wards are proposed, the number of positions on the proposed board

of trustees;

5. The appropriate documentation to prove that territory within

five (5) miles of the corporate limits of a municipality having a

population of more than two hundred thousand (200,000) has

historically been identified as a community of people residing in

compact form, if applicable; and

6. Affidavits verifying the facts contained in the petition.

C. Not less than thirty (30) days before presenting the

petition to the board of county commissioners, notice of the intent

of the petitioners to apply for incorporation of a town shall be

given by leaving the survey, plat, census, and description of wards,

if any, in some convenient place in the proposed town for

examination by those having an interest in the application.
Okla. Stat. tit. 11, § 11-49-135 — OK Code / Title 11 / Section 11-49-135
Employment of persons over forty-five prohibited -
Status: in_force

Exceptions – Reemployment – Volunteer services.

A. No person shall be employed in a fire department who has

reached the age of forty-five (45) years, unless it appears he or

she shall become eligible for retirement at the age of sixty-five

(65) years or unless he or she be retired from a municipal fire

department in this state. This section shall not apply to

professional engineers, or to persons employed as technical

specialists on a temporary basis. The Oklahoma Firefighters Pension

and Retirement Board shall be authorized to establish the maximum

age, within the limits herein prescribed, over which an applicant

may not be considered for initial employment, but no person shall be

prohibited from making application for reemployment and having such

reemployment application considered merely because of his or her

age, provided that such person be under the age of forty-five (45)

years, and provided further, that such reemployment shall be with

the consent of the fire chief of such municipality.

B. On or after November 1, 2015, a person who performs

volunteer services as a firefighter, who has attained the age of

forty-five (45) or more years as of the first date such volunteer

services are performed, for a municipality or a county shall not be

eligible to be a member of the Oklahoma Firefighters Pension and

Retirement System for any purpose, shall not be eligible for any

benefit payable by the System and shall not receive any form of

service credit from the System resulting from such volunteer

services. The person responsible for decisions regarding the

performance of firefighting services having jurisdiction, which in

the absence of any other requirement to the contrary shall be the

fire chief, shall make the final determination on applicants for

positions that would involve the performance of volunteer

firefighting services if the applicant is over the age of forty-five

(45) years based on local rules, regulations, ordinances, guidelines

and standard operating procedures.

C. Notwithstanding the requirements of subsections C and H of

Section 49-106.1 of this title to terminate employment with all

participating municipalities as a firefighter, a retired, paid

firefighter receiving an accrued retirement benefit pursuant to

Section 49-106 of this title may perform volunteer firefighting

services for a volunteer department pursuant to subsection B of this

section and continue to receive the member’s accrued retirement

benefit. A member performing services for a volunteer fire

department under this section shall not further accrue any years of

credited service during such period. Provided, that the pension

shall cease during any period of time the member may thereafter

serve for compensation in any municipal fire department in the

state; provided further, that no person shall perform any services

Oklahoma Statutes - Title 11. Cities and Towns Page 593

as a firefighter if such person is receiving disability benefits

pursuant to Section 49-109 of this title.

D. 1. Notwithstanding the requirements of subsections C and H

of Section 49-106.1 of this title, a retired volunteer firefighter

receiving the maximum allowable accrued retirement benefit pursuant

to Section 49-101 of this title may return to service as a volunteer

firefighter for a volunteer fire department pursuant to subsection B

of this section and continue to receive the member’s retirement

benefit. The retired volunteer firefighter shall not further accrue

any years of credited service during such period. Provided, the

benefit shall cease during any time period the retiree may

thereafter serve for compensation in any municipal fire department

in the state; provided further, no person shall perform any services

as a volunteer firefighter if such person is receiving disability

benefits pursuant to Section 49-109 of this title.

2. For the purposes of this subsection, “maximum allowable

accrued retirement benefit” means a benefit calculated using thirty

(30) years of credited service pursuant to subsection A of Section

49-101 of this title. Provided, if the member has elected to

participate in the Oklahoma Firefighters Deferred Option Plan

pursuant to Section 49-106.1 of this title, credited service for

benefit calculation shall be calculated as of the date that the

member begins participation in the Plan, or the back drop date if

elected under subsection H of Section 49-106.1 of this title.

E. No person serving as a firefighter pursuant to this section

shall be eligible to serve as the fire chief. Pursuant to Section

49-100.1 of this title, the fire chief shall be an active member of

the System within a participating municipality of which he or she

serves as fire chief.
Okla. Stat. tit. 11, § 11-28-117 — OK Code / Title 11 / Section 11-28-117
Drawing of panel
Status: in_force

Upon order of the presiding judge, the clerk, or a judge, and

the chief of police of the city shall draw the names of jurors from

the jury box, in such number as may be ordered by the presiding

judge, in the same manner as is provided by law for the drawing of

names to fill a jury panel in the district court by the district

judge and sheriff of the county.
Okla. Stat. tit. 11, § 11-50-114.4 — OK Code / Title 11 / Section 11-50-114.4
Direct payments for qualified health insurance
Status: in_force

premiums - Definitions - Rules.

A. A member who is an eligible retired public safety officer

and who wishes to have direct payments made toward the member’s

qualified health insurance premiums from the member’s monthly

disability benefit or monthly pension payment must make a written

election in accordance with Section 402(l) of the Internal Revenue

Code of 1986, as amended, on the form provided by the System, as

follows:

1. The election must be made after the member separates from

service as a public safety officer with the member’s participating

municipality;

2. The election shall only apply to distributions from the

System after December 31, 2006, and to amounts not yet distributed

to the eligible retired public safety officer;

3. Payments from the System for an eligible retired public

safety officer’s qualified health insurance premiums made directly

to the provider of such coverage can only be made from the member’s

monthly disability benefit or monthly pension payment from the

System and cannot be made from the Deferred Option Plan; and

4. The aggregate amount of the exclusion from an eligible

retired public safety officer’s gross income is Three Thousand

Dollars ($3,000.00) per calendar year.

B. As used in this section:

1. A “public safety officer” is a member serving a public

agency in an official capacity, with or without compensation, as a

law enforcement officer, firefighter, chaplain, or as a member of a

rescue squad or ambulance crew;

2. An “eligible retired public safety officer” is a member who,

by reason of disability or attainment of normal retirement date or

age, is separated from service as a public safety officer with the

member’s participating municipality; and

Oklahoma Statutes - Title 11. Cities and Towns Page 667

3. “Qualified health insurance premiums” are for coverage for

the eligible retired public safety officer, the eligible retired

public safety officer’s spouse, and dependents, as defined in

Section 152 of the Internal Revenue Code of 1986, as amended, by an

accident or health plan or a qualified long-term care insurance

contract, as defined in Section 7702B(b) of the Internal Revenue

Code of 1986, as amended. The health plan does not have to be

sponsored by the eligible retired public safety officer’s former

participating municipality.

C. The State Board may promulgate such rules or procedures as

are necessary to implement the provisions of this section or to

facilitate a member’s election under Section 402(l) of the Internal

Revenue Code of 1986, as amended.
Okla. Stat. tit. 11, § 11-43-106 — OK Code / Title 11 / Section 11-43-106
Additional notice requirements for proposed zoning
Status: in_force

changes and reclassifications.

A. Except as authorized in subsection B of this section, in

addition to the notice requirements provided for in Section 43-104

of this title, notice of a public hearing on any proposed zoning

change, except by a municipality acting pursuant to subsection B of

this section, shall be given twenty (20) days prior to the hearing

by mailing written notice by the secretary of the planning

commission, or by the municipal clerk if there is no planning

commission, to all the owners of real property as provided for in

Section 43-105 of this title. In addition to the notice required in

this subsection, if the zoning change requested permits the use of

treatment facilities, multiple family facilities, transitional

living facilities, halfway houses and any housing or facility that

may be used for medical or nonmedical detoxification as these terms

are defined pursuant to Section 3-403 of Title 43A of the Oklahoma

Statutes, the entity proposing the zoning change shall mail a

written notice within thirty (30) days of the hearing to all real

property owners within one-quarter (1/4) of a mile where the area to

be affected is located and shall be responsible for all costs

incurred in mailing this notice. The notice shall contain the:

1. Legal description of the property and the street address or

approximate location in the municipality;

2. Present zoning of the property and the zoning sought by the

applicant; and

Oklahoma Statutes - Title 11. Cities and Towns Page 475

3. Date, time, and place of the public hearing.

In addition to written notice requirements, notice may also be given

by posting notice of the hearing on the affected property at least

twenty (20) days before the date of the hearing.

For purposes of this subsection, "entity" means any individual,

corporation, company, firm, partnership, association, trust, state

agency, government instrumentality or agency, institution, county,

incorporated municipality or municipal authority or trust in which

any governmental entity is a beneficiary, venture, or other legal

entity however organized.

B. If a municipality proposes zoning reclassifications in order

to revise its comprehensive plan or official map or to identify

areas which require specific land use development due to topography,

geography, or other distinguishing features, including but not

limited to floodplain, drainage, historic preservation, and blighted

areas, the governing body may require, in addition to the notice

requirements provided for in Section 43-104 of this title, a sign to

be posted on designated properties within the area affected by the

proposed zoning reclassification. The sign and the lettering

thereon shall be of sufficient size so as to be clearly visible and

legible from the public street or streets toward which it faces.

The notice shall state:

1. The date, time, and place of the public hearing;

2. Who will conduct the public hearing;

3. The desired zoning classification;

4. The proposed use of the property; and

5. Other information as may be necessary to provide adequate

and timely public notice.
Okla. Stat. tit. 11, § 11-39-109 — OK Code / Title 11 / Section 11-39-109
Award of contract - Payment of contractor
Status: in_force

After the governing body creates a district, the governing body

may proceed, either to make the improvement by force accounting, or

call for sealed bids on the proposed improvement, or where the

district comprises land owned by a single party, developer, or other

legal entity that has petitioned for the creation of the district,

contract with that single party, developer or other legal entity to

make the improvement for future dedication or other conveyance to

the city; provided, however, in the case of the districts created

pursuant to Section 39-103.1 of this title and except as otherwise

provided in this section, the governing body may contract for said

services without calling for sealed bids or force accounting. The

notice shall state the manner of payment to the contractor and

whether the contractor will be paid in money, in bonds or in a

proportion of money and bonds for making the improvement. The

governing body may to the extent that funds are available authorize

payments to the contractor during the construction of the

improvement provided that the payments do not exceed the amount of

work completed and that ten percent (10%) of such payments shall be

retained by the city pending final acceptance by the city of the

improvement. The term "improvement" as used in this section and

Sections 101 through 136 of Title 61 of the Oklahoma Statutes shall

not include any services or maintenance authorized and provided

pursuant to Section 39-103.1 of this title.

Oklahoma Statutes - Title 11. Cities and Towns Page 438
Okla. Stat. tit. 11, § 11-36-412 — OK Code / Title 11 / Section 11-36-412
Compensation to owner - How ascertained - Exempting
Status: in_force

land from assessment.

A. No compensation shall be paid to the state, county, school

district or board of education for taking land for street purposes

as provided in Sections 36-410 and 36-411 of this title, unless the

property taken was acquired by purchase or condemnation or is held

in a private and not a governmental capacity. If the land taken for

street purposes was acquired by purchase or condemnation or is held

in a private or proprietary capacity and not in a governmental

capacity, then compensation shall be paid in accordance with the

method for ascertaining damages in eminent domain proceedings for

the taking of private property.

B. If the land taken for street purposes was not acquired by

purchase or eminent domain proceedings and is not owned and held in

a private or proprietary capacity, no expense, special assessment,

or other charge shall be levied or assessed against the land so

taken or any part thereof by reason of the opening, widening,

extending, laying out, curbing, guttering, or paving of the street

or avenue. The exemption from all such paving, special assessments

and other expenses shall be in lieu of any compensation for the

taking of the land for public streets.
Okla. Stat. tit. 11, § 11-29-203 — OK Code / Title 11 / Section 11-29-203
Size of volunteer department
Status: in_force

Any municipality having a volunteer fire department shall limit

by ordinance the size of the volunteer fire department to not less

than twelve nor more than twenty-five members for municipalities

with a population of more than one thousand five hundred (1,500); or

not less than eight or more than twenty-five members for

municipalities with a population of eight hundred (800) to one

thousand five hundred (1,500); or not less than six or more than

twenty-five members for municipalities with a population of less

than eight hundred (800). Any municipality having a volunteer fire

department that serves a nine-one-one (911) emergency telephone area

of fifty (50) square miles or more may increase the size of the

volunteer fire department up to an additional five members, with the

total number of members of the volunteer fire department not to

exceed thirty.
Okla. Stat. tit. 11, § 11-49-112 — OK Code / Title 11 / Section 11-49-112
Pensions for loss of life
Status: in_force

A. Whenever any member of the fire department shall lose his or

her life by reason of any injury or sickness sustained by him or her

while in, or in consequence of, the performance of his or her duty

or while on active duty in the National Guard and Reserves called to

active duty, leaving a surviving spouse, or child or children under

the age of eighteen (18) years, then, upon satisfactory proof of

such facts made to it, the State Board shall order and direct that a

monthly pension be paid. Such amount shall be determined in

accordance with the provisions of subsection A of Section 49-109 of

this title. In the event of the death of the surviving spouse, the

pension shall cease, and should there then be but one living child

such child shall receive an amount equal to one hundred percent

(100%) of the pension, but if there then be more than one living

child, one hundred percent (100%) of the pension shall be divided

equally between the children until each child reaches the age of

eighteen (18) years or until the age of twenty-two (22) years if the

child is enrolled full-time and regularly attending a public or

private school or any institution of higher education. In the event

the State Board finds that such a child who is not married at the

time of death of the member or the member’s surviving spouse and who

Oklahoma Statutes - Title 11. Cities and Towns Page 567

at the time the child attains or attained the age of eighteen (18)

years is either physically or mentally disabled, the pension shall

continue so long as such disability remains. Upon the death of the

firefighter and surviving spouse, if any, the physically or mentally

disabled child shall be entitled to have paid to the child’s trustee

of a trust, whether inter vivos or testamentary, which trust

provides for the receipt of the pension benefits to be held and

administered for the sole benefit of the physically or mentally

disabled child, or if there is no trust, to the child’s legally

appointed guardian, an amount not to exceed one hundred percent

(100%) of the pension. The money paid to the guardian or trustee

shall be used solely for the benefit of the disabled child and it

shall be reported annually to the State Board. The payment provided

shall be calculated after payments have been made to all eligible

children as provided in this subsection. If the member does not

leave a beneficiary or disabled child as described in this

subsection, the accumulated contributions made to the System by the

member shall be paid to the estate of the member.

B. Whenever any member of the fire department who has not

terminated employment shall lose his or her life for any reason not

described in subsection A of this section, after completing less

than twenty (20) years of credited service, leaving a surviving

spouse, or child or children under the age of eighteen (18) years,

then upon satisfactory proof of such facts made to it, the State

Board shall order and direct that a monthly pension be paid. Such

amount shall be fifty percent (50%) of the average monthly salary

which was paid to the firefighter during the last sixty (60) months

of the firefighter’s service. In the event of the death of the

surviving spouse, the pension shall cease, and should there then be

but one living child such child shall receive an amount equal to one

hundred percent (100%) of the pension, but if there then be more

than one living child, one hundred percent (100%) of the pension

shall be divided equally between the children until each child

reaches the age of eighteen (18) years or the age of twenty-two (22)

years if the child is enrolled full-time and regularly attending a

public or private school or any institution of higher education. In

the event the State Board finds that such a child who is not married

at the time of death of the member or the member’s surviving spouse

and who at the time the child attains or attained the age of

eighteen (18) years is either physically or mentally disabled, the

pension shall continue so long as the disability remains. Upon the

death of the firefighter and surviving spouse, if any, said

physically or mentally disabled child shall be entitled to have paid

to the child’s trustee of a trust, whether inter vivos or

testamentary, which trust provides for the receipt of the pension

benefits to be held and administered for the sole benefit of said

physically or mentally disabled child, or if there is no trust, to

Oklahoma Statutes - Title 11. Cities and Towns Page 568

the child’s legally appointed guardian, an amount not to exceed one

hundred percent (100%) of the pension. The money paid to the

guardian or trustee shall be used solely for the benefit of the

disabled child and it shall be reported annually to the State Board.

The payment provided shall be calculated after payments have been

made to all eligible children as provided in this subsection. If

the member does not leave a beneficiary or disabled child as

described in this subsection, the accumulated contributions made to

the System by the member shall be paid to the estate of the member.

C. For purposes of this section, a child shall not be

considered disabled if the child is able to pursue a remunerative

occupation, with the remuneration being reasonably substantial

rather than merely nominal.
Okla. Stat. tit. 11, § 11-16-104 — OK Code / Title 11 / Section 11-16-104
Conduct of general municipal elections
Status: in_force

The laws applicable to general elections shall govern general

municipal elections except as otherwise provided. Municipal elected

officials, including those from wards as well as at large, shall be

elected at large by the registered voters of the entire

municipality.
Okla. Stat. tit. 11, § 11-1-101 — OK Code / Title 11 / Section 11-1-101
Short title
Status: in_force

This act may be cited as the "Oklahoma Municipal Code."
Okla. Stat. tit. 11, § 11-37-211 — OK Code / Title 11 / Section 11-37-211
Examination and approval of plans - Resolution of
Status: in_force

necessity.

Upon the filing of the preliminary plans, preliminary estimate

and assessment plat, the governing body shall examine them and, if

found satisfactory, shall adopt and approve them by resolution, and

declare such work of improvement necessary to be done. The

resolution shall:

1. Contain the time and place that the governing body will hold

a hearing on the proposed improvement; and

2. Direct the municipal clerk to give notice as required in

Section 37-212 of this title.

The resolution shall further provide that:

1. Any person, firm, corporation, administrator or guardian

holding title to the land liable to assessment may file, within

fifteen (15) days after the last publication of notice, with the

clerk a protest in writing against the improvement; and

2. The municipality may proceed to cause the improvements to be

made, contract therefor and levy assessments for the payment

thereof, if the record owners of more than one-half, in area, of the

land liable to be assessed do not file their written protest as

provided in this section.
Okla. Stat. tit. 11, § 11-33-204 — OK Code / Title 11 / Section 11-33-204
Marinas, docks, boathouses — Use of public lakes and
Status: in_force

lands — Powers of municipalities.

A. The governing body of any municipality owning a lake, inside

or outside of the corporate limits, or owning lands, inside or

outside of the corporate limits, which adjoin and abut upon a lake

or large body of water capable of being used by a motor-propelled

boat may own, construct, maintain, operate, and equip a marina,

docks, and boathouses for amusement, parks, and recreational

purposes. The governing body may also lease or rent to any person

lots or spaces and provide permits for the construction or use of

privately owned marinas, boathouses, or docks or other recreational

purposes on such property for amusement, parks, and recreational

purposes pursuant to such terms as the governing body deems proper.

The governing body may fix and collect fares, rents, tolls, or other

revenues for the use of such facilities, lots and spaces, and the

issuance of permits. The right of a municipality to own, construct,

maintain, operate and equip docks, boathouses, and marinas, and to

rent or lease such facilities, spaces, and lots and the issuance of

permits for the construction or use of such privately owned marinas,

docks, or boathouses for amusement, parks, and recreational purposes

is hereby declared to be a public right and use. Rent and lease of

such facilities, lots, and spaces shall be at fair market value.

Except in cases of rentals and leases authorized herein, such right

and facilities shall constitute a public benefit. The municipal

governing body may do all things necessary and proper in its

discretion pursuant to the authority granted to it by the

Constitution and laws of this state to further the ability of the

municipality to provide for the amusement, parks, and recreational

services authorized by the provisions of this section.

B. Lakes and lands which adjoin and abut upon a lake owned or

leased by a municipality or by a public trust of which a

municipality is a beneficiary, which are dedicated for a public

purpose, may also be used or leased, for fair market value, for

amusement, parks, or recreation without abandoning or declaring such

public property as surplus or unsuitable, provided the governing

body of the municipality determines use of such property for

amusement, parks, or recreation is a compatible contemporaneous use

Oklahoma Statutes - Title 11. Cities and Towns Page 299

that is subordinate to the primary public purpose for which the lake

or land was purchased or leased.

C. A municipality or public trust may contract with any person,

entity, or any county, state, or federal agency to manage and

operate lakes and lands which adjoin and abut upon a lake dedicated

for a public purpose or for amusement, parks, or recreation

contemporaneous with a public purpose as described in this section.

D. Lakes or lands which adjoin and abut upon a lake that are

leased or used as provided for in this section shall not be deemed

to have been declared surplus, abandoned, or unsuitable by such

lease or use.
Okla. Stat. tit. 11, § 11-25-105 — OK Code / Title 11 / Section 11-25-105
Application of act
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 232

A. The Oklahoma Municipal Energy Independence Act shall apply

to developed property located within the borders of the municipality

on which property taxes are paid and on which the owners of the

property are current in the payment of the property taxes.

B. The trustees of a municipal energy district authority may

enter into an agreement with a county to collect repayment of any

loan made pursuant to the Oklahoma Municipal Energy Independence Act

upon such terms as may be agreed to by the property owner and the

municipal energy district authority.

C. Any loan made pursuant to the Oklahoma Municipal Energy

Independence Act shall constitute a lien on the property which is

the subject of the loan only upon the recording of a mortgage

covering the property in the office of the county clerk. Any

mortgage securing a loan shall be junior and inferior to all

previously recorded liens or mortgages of any kind. The exclusive

method of enforcing a lien for failure to repay any loan made

pursuant to the Oklahoma Municipal Energy Independence Act shall be

by judicial or nonjudicial foreclosure as provided by law.

D. Only appliances or energy-efficient improvements that are

permanently affixed to the property shall be eligible for financing

pursuant to the Oklahoma Municipal Energy Independence Act.
Okla. Stat. tit. 11, § 11-26-111 — OK Code / Title 11 / Section 11-26-111
Lien on cemetery lots for upkeep charges - Enforcement
Status: in_force

A. Any municipality which owns a cemetery, or any board of

cemetery trustees of a cemetery owned by an association incorporated

Oklahoma Statutes - Title 11. Cities and Towns Page 236

for cemetery purposes under the laws of Oklahoma, shall have a lien

on any unused lot when a written contract provides for upkeep

payments on such lot and the upkeep payments have been unpaid for a

continuous period of five (5) years. Where more than one lot has

been purchased in a group of lots, and at least one of the lots has

been used in that group of lots, the provisions of this section

shall not apply.

B. After filing the lien with the clerk of the district court

in the county in which the cemetery lot is situated, the lien may be

enforced by civil action. The practice, pleading and proceedings

for foreclosure in such action shall conform to the rules prescribed

by the code of civil procedure as far as they may be applicable.
Okla. Stat. tit. 11, § 11-37-106 — OK Code / Title 11 / Section 11-37-106
Issuing bonds - Election
Status: in_force

To defray the cost of procuring waterworks, and the election

provided in this section, the municipal governing body may provide

for the issuance of bonds of the municipality. Before any bonds may

be issued, the municipal governing body shall submit the question of

issuing the bonds to the registered voters of the municipality at

any general election or special election called by them for that

purpose. Notice of the election shall be given in the manner

provided by law for municipal elections; and the election shall be

conducted in all respects as other municipal elections.
Okla. Stat. tit. 11, § 11-44-107.1 — OK Code / Title 11 / Section 11-44-107.1
Nonconforming use - Termination - Exception
Status: in_force

A. The lawful nonconforming use of a building, structure or

premises as such existed at the time of the adoption and recording

of any ordinance affecting it, may be continued, although such use

does not conform with the provisions of such ordinance. The

municipality may provide for the termination of lawful nonconforming

uses either by specifying the period or periods within which such

use shall be required to cease, or by designating conditions or

circumstances which shall cause such use to cease, or by providing a

formula or formulas whereby the compulsory termination of a

nonconforming use shall be so fixed as to allow a reasonable period

for the amortization of the investment in the nonconformance.

B. Regulations and restrictions affecting the termination of

nonconforming uses as authorized by this section may be adopted or

amended by the municipality only after notice and hearing as

provided in Sections 43-104 and 43-105 of Title 11 of the Oklahoma

Statutes.

C. Nothing in this section shall be construed to permit or

authorize municipalities to terminate lawful nonconforming uses

consisting of oil and/or gas activity.

D. Nothing in this section shall be construed to permit or

authorize municipalities to terminate a lawfully erected

nonconforming sign unless such sign is altered in a manner that

increases the degree of nonconformity or is abandoned for a period

of more than two (2) years.
Okla. Stat. tit. 11, § 11-22-157 — OK Code / Title 11 / Section 11-22-157
Approval issuance, sale and delivery of revenue
Status: in_force

obligations.

A. Subject to the provisions of Sections 6 and 7 of this act,

upon the affirmative vote of at least three-fourths (3/4) of all the

members of the governing body, a municipality may borrow money or

Oklahoma Statutes - Title 11. Cities and Towns Page 202

issue obligations to finance or refinance acquisition, construction

or purchase of or the making of improvements to a public utility or

utilities.

B. Obligations issued and sold pursuant to the provisions of

the Oklahoma Municipal Utility Revenue Bond Act shall be in such

principal amounts and shall mature at such time as determined by the

municipal governing body, and shall bear interest at such annual

rate or rates as determined by the governing board of the

municipality, provided the rate of interest on the obligations or

any particular maturity thereof, shall not exceed fourteen percent

(14%) per annum.

C. Evidence of the issuance, sale and delivery of revenue

obligations under the Oklahoma Municipal Utility Revenue Bond Act

shall be provided by delivering (1) to the Secretary of State a

preliminary offering document and notice of sale at least ten (10)

business days prior to the date of sale thereof, and (2) to the

Secretary of State and the Oklahoma Securities Commission a final

offering document within fifteen (15) business days after the

delivery thereof.

D. In the proceedings leading to the approval, issuance, sale

and delivery of revenue obligations under the Oklahoma Municipal

Utility Revenue Bond Act, a private attorney or attorneys acting as

bond counsel and in other necessary capacities may be employed at a

fee to be negotiated by the municipality and such attorneys; and the

fees and expenses of such counsel may, at the option of the

governing body of the municipality, be paid from the proceeds of the

obligations or from other available sources.

E. The governing body of the municipality may also, at its

option, employ a financial advisor in connection with the issuance

and sale of the obligations at a fee to be negotiated by the

governing body and the financial advisor. Fees and expenses of the

financial advisor, if any are incurred, may be paid from the

proceeds of the obligations or from other available sources.

F. The obligations issued pursuant to the Oklahoma Municipal

Utility Revenue Bond Act shall be sold at competitive bid, to the

bidder bidding the lowest net interest cost on the obligations or

the lowest true interest cost as the governing body shall direct.

Notice of the sale of the obligations shall be published at least

ten (10) days prior to the sale thereof, and such notice by

publication shall include publication once a week for two (2)

consecutive weeks in a legally qualified newspaper of general

circulation in the municipality, provided that the date specified in

the notice for sale of the obligations shall not be less than ten

(10) days after the first publication thereof. The notice of sale

shall state that the municipality reserves the right to reject any

and all bids. Provided, however, competitive bidding may be waived

upon an affirmative vote of the governing body. The governing body

Oklahoma Statutes - Title 11. Cities and Towns Page 203

thereupon may negotiate for the private sale of the obligations to

an underwriter or other purchaser or purchasers if it has received

the written opinion of bond counsel that such negotiated sale is in

accordance with the terms and provisions of the Oklahoma Municipal

Utility Revenue Bond Act, and contravenes no other provisions of

applicable law.

G. The obligations may, at the election of the governing body,

be sold at a discount; provided that no obligations shall be sold

for less than ninety-six percent (96%) of par value until the

governing body has received from the underwriter or financial

advisor, or in the absence of an underwriter or financial advisor,

the initial purchaser of such bonds, an estimated alternative

financing structure or structures showing the estimated total

interest and principal cost of each alternative. At least one

alternative financing structure shall include bonds sold to the

public at par. Such estimates shall be considered a public record.

In no event shall bonds be sold for less than sixty-five percent

(65%) of par value. Said net interest cost or true interest cost

shall include and take into consideration any discount or premium

bid on the obligations.

H. It shall be a further condition to the issuance and sale of

revenue obligations hereunder that the municipality establish and

maintain for the particular utility or utilities providing revenues

to repay the obligations a separate system of accounting for such

revenues in order that the governing body of the municipality may

accurately and reliably determine from year to year the sufficiency

of rates, charges and amounts of revenues derived from such

utilities and available to pay debt service and other costs related

to the obligations. Such enterprise accounts shall be clearly

identified in the annual audits of the municipality.
Okla. Stat. tit. 11, § 11-37-125 — OK Code / Title 11 / Section 11-37-125
Joint financing of waterworks
Status: in_force

Waterworks which are jointly constructed, maintained, controlled

or operated by two or more municipalities may be financed by the

issue and sale of bonds and collection of water charges, as provided

in Sections 37-106 through 37-109 of this title. The governing

bodies of such municipalities are hereby specifically authorized to

enter into agreement and contract as to the amount of each

municipality's indebtedness and proportionate share of cost of

construction, maintenance, control and operation of any waterworks

jointly acquired under the provisions of Section 37-124 of this

title; provided that in all cases where a proposition is submitted

to the registered voters of any municipality for the voting of bonds

to defray costs of such a joint contract, the election notice and

ballot shall so state.
Okla. Stat. tit. 11, § 11-16-310 — OK Code / Title 11 / Section 11-16-310
Contest of election by nominee
Status: in_force

Any person nominated for municipal office may, at any time

before 5:00 p.m. of the third business day following the town

meeting in which he or she was nominated, contest the correctness of

the announced results of said election by filing a written petition

with the district court of any county in which the municipality is

located.
Okla. Stat. tit. 11, § 11-17-209 — OK Code / Title 11 / Section 11-17-209
Adoption of budget - Filing - Effective period - Use of
Status: in_force

appropriated funds - Levying tax.

A. After the hearing and at least seven (7) days prior to the

beginning of the budget year, the governing body shall adopt the

budget by resolution, or as any charter may require, at the level of

classification as defined in Section 17-213 of this title. The

governing body may add or increase items or delete or decrease items

in the budget. In all cases the proposed expenditures shall not

exceed the estimated revenues and appropriated fund balance for any

fund.

B. The adopted budget shall be transmitted to the State Auditor

and Inspector within thirty (30) days after the beginning of the

fiscal year of the municipality and one copy shall be kept on file

in the office of the municipal clerk. A copy of the municipality's

sinking fund requirements shall be filed with the excise board of

the county or counties in which the municipality is located.

C. The adopted budget shall be in effect on and after the first

day of the fiscal year to which it applies. The budget as adopted

and filed with the State Auditor and Inspector shall constitute an

appropriation for each fund, and the appropriation thus made shall

not be used for any other purpose except as provided by law.

D. At the time required by law, the county excise board shall

levy the taxes necessary for the municipality's sinking fund for the

budget year pursuant to Section 431 of Title 62 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 11. Cities and Towns Page 123
Okla. Stat. tit. 11, § 11-16-203 — OK Code / Title 11 / Section 11-16-203
Aldermanic cities with two councilmembers per ward -
Status: in_force

Officers to be elected - Terms.

In a statutory aldermanic city with two councilmembers per ward,

the terms of the elected officers shall be staggered so that at any

one general municipal election, the following officers are to be

elected for four-year terms:

1. One (1) councilmember from each ward of the city;

2. The mayor;

3. The clerk;

4. The marshal; and

5. The street commissioner.

At the next general municipal election, the following officers are

to be elected for four-year terms:

1. One councilmember from each ward of the city; and

2. The treasurer.

If the office of treasurer has been consolidated with any other

office, elections for the office of treasurer and the office with

which it has been consolidated shall be held at the time the

election to fill the other office is held. The term of the

consolidated office shall be concurrent with the term of the other

office.
Okla. Stat. tit. 11, § 11-28-127 — OK Code / Title 11 / Section 11-28-127
Bond forfeiture
Status: in_force

If a defendant fails to appear according to the terms or

conditions of his bond, either for hearing, arraignment, trial or

judgment, or to surrender himself in execution of the judgment, or

upon any other occasion when his presence in court or before the

municipal judge may be lawfully required, bond forfeiture shall

follow the procedures as set forth in Section 1332 of Title 59 of

the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-10-109 — OK Code / Title 11 / Section 11-10-109
Council - Quorum - Rules and voting
Status: in_force

A majority of all the members of the council shall constitute a

quorum, but a smaller number may adjourn from day to day. The

council shall determine its own rules.
Okla. Stat. tit. 11, § 11-26-101 — OK Code / Title 11 / Section 11-26-101
Authority to purchase and regulate
Status: in_force

A municipal governing body shall have the power to purchase, lay

out and regulate cemeteries. The powers over cemeteries which are

granted to a municipal governing body in this section include, but

are not limited to, cemeteries used or dedicated for interment of

animal remains.
Okla. Stat. tit. 11, § 11-27-130 — OK Code / Title 11 / Section 11-27-130
District attorney to defend appeals in certain cases
Status: in_force

The district attorney, and his assistants, shall defend any

appeal from a municipal court in his district that has no municipal

attorney who is paid a salary in excess of a rate of Three Thousand

Six Hundred Dollars ($3,600.00) per annum.
Okla. Stat. tit. 11, § 11-13-109 — OK Code / Title 11 / Section 11-13-109
Charter controls over conflicting laws
Status: in_force

Whenever a charter is in conflict with any law relating to

municipalities in force at the time of the adoption and approval of

the charter, the provisions of the charter shall prevail and shall

operate as a repeal or suspension of the state law or laws to the

extent of any conflict.
Okla. Stat. tit. 11, § 11-46-102 — OK Code / Title 11 / Section 11-46-102
Jurisdiction of regional planning commission
Status: in_force

The regional planning commission shall have jurisdiction over a

regional district which shall be construed to mean any land outside

the incorporated limits of any municipality whose any one boundary,

at any point, shall be within a distance of three (3) miles from the

incorporated limits of the municipality.
Okla. Stat. tit. 11, § 11-17-212 — OK Code / Title 11 / Section 11-17-212
Funds - Establishment - Kinds
Status: in_force

A municipality shall establish funds consistent with legal and

operating requirements. Each municipality shall maintain according

to its own needs some or all of the following funds or ledgers in

its system of accounts:

1. A general fund, to account for all monies received and

disbursed for general municipal government purposes, including all

assets, liabilities, reserves, fund balances, revenues and

expenditures which are not accounted for in any other fund or

special ledger account. All monies received by the municipality

under the motor fuel tax or under the motor vehicle license and

registration tax and earmarked for the street and alley fund may be

deposited in the general fund and accounted for as a "street and

alley account" within the general fund. Expenditures from this

account shall be made as earmarked and provided by law. All

references to the street and alley fund or to the special fund

earmarked for state-shared gasoline and motor vehicle taxes may mean

the street and alley account provided in this section;

2. Special revenue funds, as required, to account for the

proceeds of specific revenue sources that are restricted by law to

expenditures for specified purposes;

3. Debt service fund, which shall include the municipal sinking

fund, established to account for the retirement of general

obligation bonds or other long-term debt and payment of interest

thereon and judgments as provided by law. Any monies pledged to

service general obligation bonds or other long-term debt must be

deposited in the debt service fund;

4. Capital project funds, to account for financial resources

segregated for acquisition, construction or other improvement

Oklahoma Statutes - Title 11. Cities and Towns Page 125

related to capital facilities other than those accounted for in

enterprise funds and nonexpendable trust funds;

5. Enterprise funds, to account for each utility or enterprise

or other service, other than those operated as a department of the

general fund, where the costs are financed primarily through user

charges or where there is a periodic need to determine revenues

earned, expenses incurred or net income for a service or program;

6. Trust and agency funds, to account for assets held by the

municipality as trustee or agent for individuals, private

organizations or other governmental units or purposes, such as a

retirement fund or a cemetery perpetual care fund;

7. Internal service funds, to account for the financing of

goods or services provided by one department or agency of the

municipality to another department or agency, or to another

government, on a cost reimbursement basis;

8. A ledger or group of accounts in which to record the details

relating to the general fixed assets of the municipality;

9. A ledger or group of accounts in which to record the details

relating to the general bonds or other long-term debt of the

municipality; or

10. Such other funds or ledgers as may be established by the

governing body.
Okla. Stat. tit. 11, § 11-38-102 — OK Code / Title 11 / Section 11-38-102
Declarations and findings
Status: in_force

It is hereby found and declared that there exists in certain

municipalities blighted areas as herein defined which constitute a

serious and growing menace, injurious and inimical to the public

health, safety, morals and welfare of the residents of said

municipalities; that the existence of such areas contributes an

economic and social liability imposing onerous burdens which

decrease the tax base and reduce tax revenues, substantially impairs

or arrests sound urban growth, retards sound economic development,

aggravates traffic problems and substantially impairs or arrests the

elimination of traffic hazards and the improvement of traffic

facilities; and that the prevention and elimination of blight is a

matter of state policy and state concern; that the state and such

municipalities shall not continue to be endangered by areas which

Oklahoma Statutes - Title 11. Cities and Towns Page 400

are focal centers of disease, promote juvenile delinquency, and

consume an excessive proportion of its revenue because of extra

services required for police, fire, accident, hospitalization and

other forms of public protection, services and facilities; that by

such prevention and elimination, property values will be stabilized

and tax burdens more equitably distributed, and the financial and

capital resources of the state will be strengthened; that this

menace can best be remedied by cooperative participation of private

enterprise, municipal governing bodies and public agencies.

It is further found and declared that certain blighted areas, or

portions thereof, may require acquisition, clearance, and

disposition subject to use restrictions, as provided in this

article, since the prevailing conditions of decay may make

impracticable the reclamation of the area by conservation or

rehabilitation; that the conditions and evils hereinbefore

enumerated may be eliminated, remedied or prevented; that the

salvable blighted areas can be conserved and rehabilitated through

appropriate public action as herein authorized, and the cooperation

and voluntary action of the owners and tenants of property in such

area.

It is further found and declared that the powers conferred by

this article are for public uses and purposes for which public money

may be expended and the power of eminent domain and police power

exercised; and it is hereby declared that it is a matter of

legislative determination that the provisions of this article are

enacted in the public interest.
Okla. Stat. tit. 11, § 11-33-113 — OK Code / Title 11 / Section 11-33-113
Buildings - Tax levy
Status: in_force

The governing body of a governmental unit may provide for the

erection of buildings for any such recreational purposes or

functions by providing for a tax levy therefor under the provisions

of Section 10, Article X of the Oklahoma Constitution.
Okla. Stat. tit. 11, § 11-26-204 — OK Code / Title 11 / Section 11-26-204
Perpetual care fund loans - Approval
Status: in_force

The perpetual care fund trustee may loan moneys received by him

under the direction and with the approval of the court, but only as

such loans may be secured by first mortgages upon Oklahoma real

estate. No loan shall be made or approved unless it be made to

appear to the court that the real estate is ample security for the

loan applied for, and that the title to the real estate is good of

record and in fact in the party making application for the loan.
Okla. Stat. tit. 11, § 11-22-109 — OK Code / Title 11 / Section 11-22-109
Disorderly houses and public indecencies
Status: in_force

The municipal governing body may enact ordinances to restrain,

prohibit, and suppress houses of prostitution and other disorderly

houses and practices, and all kinds of public indecencies. No

municipal officer shall accept or receive any hush money, or any

money or valuable things, from any person or persons engaged in any

such business or practice, or grant any immunity or protection

against a rigid enforcement of the laws and ordinances enacted to

restrain, prohibit and suppress any such business or practice.
Okla. Stat. tit. 11, § 11-37-107 — OK Code / Title 11 / Section 11-37-107
Bonds for waterworks - Form
Status: in_force

Upon the approval of a majority of the registered voters of the

municipality voting on the question, the bonds shall be issued by

the governing body in the manner provided by the Constitution and

laws of Oklahoma. Bonds issued under this section shall be payable

not more than twenty-five (25) years from the date of their issue,

with interest thereon at a rate not exceeding a maximum rate

established by law. The bonds shall be signed by the mayor and

countersigned by the municipal clerk. Facsimile signatures may be

used as provided in the Registered Public Obligations Act of

Oklahoma.
Okla. Stat. tit. 11, § 11-18-102 — OK Code / Title 11 / Section 11-18-102
Election on question - Notice
Status: in_force

The question of changing the statutory form of city government

shall be submitted to the registered voters of the city at a general

or special election to be held in the city not less than sixty (60)

days nor more than ninety (90) days after the date of the order

calling for the election. Notice of the election on the question

shall be given by the governing body in the manner required for

municipal elections.
Okla. Stat. tit. 11, § 11-7-105 — OK Code / Title 11 / Section 11-7-105
Involuntary dissolution - Grounds - Petition in district
Status: in_force

court.

The district attorney for the county in which the situs of the

municipal government is located may petition for involuntary

dissolution of a municipality when the government of a municipality

ceases to function by reason of the following:

1. General municipal elections have not been called in the

municipality for two successive general municipal elections;

2. A majority of all the members of the governing body fail to

qualify for two successive general municipal elections; or

3. The municipality is totally within an area subject to

subsidence, environmental contamination or flooding as a result of

mining operations, dam construction or natural causes beyond the

control of the municipality, and said municipality is unable to meet

the cost of continuing its government and maintaining its services

to residents due to a reduction in population resulting from such

circumstances.

The petition requesting involuntary dissolution shall be filed in

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

municipality is located. The petition shall state the facts which

justify the request and shall set forth a detailed statement of the

Oklahoma Statutes - Title 11. Cities and Towns Page 39

assets and liabilities of the municipality insofar as they can be

ascertained.
Okla. Stat. tit. 11, § 11-49-126 — OK Code / Title 11 / Section 11-49-126
Pensions and allowances exempt from claims -
Status: in_force

Assignments or transfers void - Exceptions.

Oklahoma Statutes - Title 11. Cities and Towns Page 588

A. Except as otherwise provided by this section, no portion of

said pension shall, either before or after its order of distribution

by the State Board to such disabled members of said fire department,

or the surviving spouse, alternate payee as defined in subsection B

of this section, or guardian of such minor child or children, to the

deceased or retired member of such department, be held, seized,

taken, subjected to or detained or levied on by virtue of any

attachment, execution, injunction, writ interlocutory or other order

or decree, or any process or proceeding whatever, issued out of or

by any court of this state for the payment or satisfaction, in whole

or in part, of any debt, damages, claim, demand or judgment against

such member, or his or her surviving spouse, alternate payee, or the

guardian of said minor child or children of any deceased member, nor

shall said fund or any claim thereto be directly or indirectly

assigned and any attempt to assign or transfer the same shall be

void; but the funds shall be held, kept, secured and distributed for

the purpose of pensioning the persons named in this article, and for

no other purpose whatever. Notwithstanding the foregoing, effective

August 5, 1997, the State Board may approve any offset of a member’s

benefit to pay a judgment or settlement against a member for a crime

involving the System, for a breach of the member’s fiduciary duty to

the System, or for funds or monies incorrectly paid to a member or

beneficiary by mistake, provided such offset is in accordance with

the requirements of Section 401(a)(13) of the Internal Revenue Code

of 1986, as amended.

B. 1. The provisions of subsection A of this section shall not

apply to a qualified domestic order as provided pursuant to this

subsection.

2. The term “qualified domestic order” means an order issued by

a district court of this state pursuant to the domestic relation

laws of this state which relates to the provision of marital

property rights to an alternate payee and which creates or

recognizes the existence of the right of an alternate payee and

assigns to an alternate payee the right to receive a portion of the

benefits payable with respect to a member of the System.

3. The term “alternate payee” means any spouse, former spouse,

minor or disabled child or children, or other dependent of the

member who is recognized by a domestic relations order as having a

right to receive benefits payable with respect to a member of the

System.

4. For purposes of the payment of marital property, to qualify

as an alternate payee, a spouse or former spouse must have been

married to the related member for a period of not less than thirty

(30) continuous months immediately preceding the commencement of the

proceedings from which the qualified domestic order issues.

Oklahoma Statutes - Title 11. Cities and Towns Page 589

5. A qualified domestic order is valid and binding on the State

Board and the related member only if it meets the requirements of

this subsection.

6. A qualified domestic order shall clearly specify:

a. the name and last-known mailing address (if any) of

the member and the name and mailing address of the

alternate payee covered by the order,

b. the amount or percentage of the member’s benefits to

be paid by the System to the alternate payee,

c. the number of payments or period to which such order

applies,

d. the characterization of the benefit as to marital

property rights or child support, and

e. each plan to which such order applies.

7. A qualified domestic order meets the requirements of this

subsection only if such order:

a. does not require the System to provide any type or

form of benefit, or any option not otherwise provided

under state law as relates to the System,

b. does not require the System to provide increased

benefits, and

c. does not require the payment of benefits to an

alternate payee which are required to be paid to

another alternate payee pursuant to another order

previously determined to be a qualified domestic order

or an order recognized by the System as a valid order

prior to June 7, 1993.

8. A qualified domestic order shall not require payment of

benefits to an alternate payee prior to the actual retirement date

of the related member.

9. The alternate payee shall have a right to receive benefits

payable to a member of the System under the Oklahoma Firefighters

Deferred Option plan provided for pursuant to Section 49-106.1 of

this title, but only to the extent such benefits have been credited

or paid into the member’s Oklahoma Firefighters Deferred Option Plan

account during the term of the marriage.

10. The obligation of the System to pay an alternate payee

pursuant to a qualified domestic order shall cease upon the earlier

of the death of the related member or the death of the alternate

payee. Upon the death of the alternate payee, the assignment to the

alternate payee of the right to receive a portion of the benefits

payable with respect to the member shall cease and the payments of

benefits to the member shall be reinstated.

11. This subsection shall not be subject to the provisions of

the Employee Retirement Income Security Act of 1974 (ERISA), 29

U.S.C.A. Section 1001, et seq., as amended from time to time, or

Oklahoma Statutes - Title 11. Cities and Towns Page 590

rules and regulations promulgated thereunder, and court cases

interpreting said act.

12. The Oklahoma Firefighters Pension and Retirement Board

shall promulgate such rules as are necessary to implement the

provisions of this subsection.

13. An alternate payee who has acquired beneficiary rights

pursuant to a valid qualified domestic order must fully comply with

all provisions of the rules promulgated by the State Board pursuant

to this subsection in order to continue receiving his or her

benefit.

C. The provisions of subsection A of this section shall not

apply to a Child Support Enforcement Division order for a support

arrearage pursuant to Section 240.23 of Title 56 of the Oklahoma

Statutes and current child support payments made pursuant to a valid

court order.

D. The provisions of subsection A of this section shall not

apply to a federal tax levy made pursuant to Section 6331 of the

Internal Revenue Code of 1986, as amended, and the collection by the

United States on a judgment resulting from an unpaid tax assessment.

E. The provisions of subsection A of this section shall not

apply in the case of an overpayment to a member or other payee.

Such overpayment may be corrected through a return of the

overpayment, or an adjustment of future payments, or a combination

of these two methods, as approved by the State Board. The term

“other payee” shall include, but not be limited to, alternate payees

as defined in subsection B of this section, beneficiaries,

designated recipients, and other individuals eligible to receive

benefits pursuant to Section 49-113 of this title.
Okla. Stat. tit. 11, § 11-47-116 — OK Code / Title 11 / Section 11-47-116
Unapproved plats not entitled to record
Status: in_force

A. No plat, replat, or subdivision of land within the

jurisdiction of the commission shall be entitled to record unless it

bears the written approval of the commission. No deed referring to

the unapproved plat shall be entitled to record and, if recorded,

shall not import notice.

B. No deed describing land by metes and bounds which conveys

land within the jurisdiction of the commission in a tract of five

(5) acres or less shall be entitled to record and, if recorded,

shall not import notice, unless one of the following conditions is

met:

1. The deed bears the written approval of the commission; or

2. A preceding title transaction of record bears the written

approval of the commission of the metes and bounds description in

the subsequent deed.

C. The provisions of subsections A and B of this section shall

not apply to any plat, replat, subdivision or deed which has been

recorded prior to annexation by the municipality, or to any deed or

other conveyance of unplatted property covering all of the unplatted

property acquired by the grantor in a single conveyance if the

grantor's deed has been filed of record for five (5) years or more.
Okla. Stat. tit. 11, § 11-49-122.6 — OK Code / Title 11 / Section 11-49-122.6
Confidentiality of records
Status: in_force

All information, documents and copies thereof contained in a

member's retirement file shall be given confidential treatment and

shall not be made public by the Oklahoma Firefighters Pension and

Retirement System without the prior written consent of the member to

which it pertains, but shall be subject to subpoena or court order.
Okla. Stat. tit. 11, § 11-10-105 — OK Code / Title 11 / Section 11-10-105
Duties of mayor and vice-mayor
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. He shall be recognized as head of the city government

for all ceremonial purposes and by the Governor for purposes of

military law. He shall have no regular administrative duties except

that he shall sign all conveyances and other written obligations of

the city as the council may require. The vice-mayor shall act as

mayor during the absence, disability or suspension of the mayor.
Okla. Stat. tit. 11, § 11-52-104 — OK Code / Title 11 / Section 11-52-104
Powers and duties
Status: in_force

In addition to other powers and duties conferred upon it by law,

the Oklahoma Department of Career and Technology Education shall:

1. Employ such personnel, incur such expenses, make contracts

and purchase such personal property as may be necessary for the

purposes of conducting training programs, including but not limited

to itinerant training programs and special on-the-job training

programs;

2. Accept such grants, appropriation or other monies or

services as may be available for training, research, development or

demonstration purposes in training aimed to increase the efficiency

of clerks, treasurers and finance officers and of persons under

their direction; and

3. Develop such manuals and prescribe such procedures and tests

as may be necessary for the fulfillment of the purposes of this

article, to determine criteria and to grade for the successful

completion of training.
Okla. Stat. tit. 11, § 11-22-152 — OK Code / Title 11 / Section 11-22-152
Definitions
Status: in_force

For purposes of the Oklahoma Municipal Utility Revenue Bond Act

and the implementation of Section 27B of Article X of the Oklahoma

Constitution:

1. "Affirmative vote of at least three-fourths (3/4) of all

members of such governing body" shall mean an affirmative vote by

persons comprising not less than three-fourths (3/4) of the total

number of members provided by law, municipal ordinance or charter as

constituting the governing body of said municipality;

2. "Bond counsel" shall mean an attorney or firm of attorneys

qualified and experienced in public finance transactions, and who

Oklahoma Statutes - Title 11. Cities and Towns Page 199

renders an opinion as to the validity and enforceability of the

obligations issued pursuant to the Oklahoma Municipal Utility

Revenue Bond Act;

3. "Financial advisor" shall mean a person or firm qualified

and experienced in public finance transactions, and who renders

advice and counsel to the municipality regarding fiscal and

marketing aspects pertaining to the obligations issued pursuant to

the Oklahoma Municipal Utility Revenue Bond Act. Provided, any such

financial advisor shall not be permitted to bid on, underwrite,

purchase or take part in the marketing of the obligations nor have

any other pecuniary interest therein, other than the fee negotiated

with the municipality for the services of such financial advisor;

4. "Improve" means to construct, reconstruct, maintain,

restore, replace, renew, repair, install, equip, extend, purchase,

alter or otherwise perform any work which provides a new facility,

or enhances, extends or restores the value or usefulness of an

existing facility;

5. "Improvement" means any type of improvement made by

authority of the Oklahoma Municipal Utility Revenue Bond Act and

includes reimprovement of any prior improvement made pursuant to the

provisions of this or any other applicable act;

6. "Municipality" shall mean any city or town duly incorporated

and validly existing pursuant to the laws of Oklahoma;

7. "Obligations" shall mean collectively, bonds, notes or other

evidences of indebtedness, or any of them, issued by a municipality

pursuant to Section 27B of Article X of the Oklahoma Constitution

and the provisions of the Oklahoma Municipal Utility Revenue Bond

Act, and may include refunding obligations;

8. "Public trust" shall mean an Oklahoma public trust created

pursuant to and existing in accordance with Sections 176 through

180.4 of Title 60 of the Oklahoma Statutes and which has the

municipality as a beneficiary; provided, for purposes of the

Oklahoma Municipal Utility Revenue Bond Act, "public trust" shall

not include a trust created for industrial purposes; and

9. "Qualified voters" or "voters" shall mean the voters of a

municipality duly qualified to vote in a special municipal election

on the issuance of bonds of the municipality or on the question of

making improvements to public utilities, under the laws, ordinances

and charter provisions applicable at the time such election is held.

As used in the Oklahoma Municipal Utility Revenue Bond Act, the

singular shall include the plural, and unless indicated herein,

defined words shall have the same meaning whether or not

capitalized.
Okla. Stat. tit. 11, § 11-37-124 — OK Code / Title 11 / Section 11-37-124
Joint construction and operation of waterworks -
Status: in_force

Election.

Any municipality may conduct an election, in the manner provided

by law for municipal elections, for the purpose of securing approval

of the registered voters within its corporate limits to enter into a

contract with any other municipality to finance the construction,

maintenance, control and operation of waterworks necessary to

provide such municipalities with an adequate supply of water for

public purposes.
Okla. Stat. tit. 11, § 11-27-106 — OK Code / Title 11 / Section 11-27-106
Acting judge - Alternate judge - Compensation
Status: in_force

In the event of disqualification of the judge in a particular

case, or his absence or inability to act, the mayor of the

municipality may appoint some person, qualified as provided in

Section 27-104 of this title, as acting municipal judge of the court

in the place of the judge during his absence or inability to act or

in a case wherein the judge is disqualified; or, in its discretion,

the municipal governing body may provide by ordinance for the

appointment of an alternate judge of the court, in the same manner

and for the same term as the judge and possessing the qualifications

prescribed by Section 27-104 of this title, who shall sit as acting

judge of the court in case of the absence, inability or

disqualification of the judge. If both the judge and the alternate

judge are unable to sit, the mayor may appoint an acting judge as

provided in this section. The municipal governing body, by

ordinance, shall provide for the compensation of an acting judge of

the court.
Okla. Stat. tit. 11, § 11-18-104 — OK Code / Title 11 / Section 11-18-104
Effective date of new form - First elections -
Status: in_force

Transition of officers.

The first primary and general elections under the new form shall

be held at the time that the next municipal primary and general

elections would be held as if there were no change in the form of

government. The form of government which has been adopted shall go

into full effect when the terms of officers elected under the new

form begin. Every appointive officer or employee holding an office

or position which exists under both the previous and new forms of

government shall continue in his office or position in the new form

of government until his services terminate or are terminated in the

manner provided by the new form.
Okla. Stat. tit. 11, § 11-33-103 — OK Code / Title 11 / Section 11-33-103
Powers of cities, towns, counties and school districts
Status: in_force

Any city, town, school district or county may establish,

provide, maintain, construct, set apart and conduct, either singly

or jointly in cooperation with one or more of the other governmental

units specified herein, parks, playgrounds, recreation centers,

athletic fields or grounds, swimming pools, social and community

centers, and other facilities and activities in public schools,

parks, buildings and facilities now owned or acquired. For such

purposes the governing body of the governmental unit may dedicate

and set apart for use as playgrounds, recreation centers and other

recreational purposes any lands or buildings, or both, owned or

leased by the governmental unit and not dedicated or devoted to

another public use. The governmental unit may, in such manner as

may now or hereafter be authorized or provided by law for the

acquisition of lands or buildings for public purposes by the

governmental unit, acquire or lease lands or buildings, or both,

within or beyond the corporate limits of the governmental unit for

playgrounds, recreation centers and other recreational purposes.

When the governing body of the governmental unit shall dedicate, set

apart, acquire or lease buildings for such purposes, it may on its

own initiative provide for their conduct, equipment and maintenance

according to the provisions of this subarticle by making an

appropriation from the general revenues of the governmental unit as

for other current expenses of the governmental unit. Any governing

body is hereby authorized and empowered to establish, provide,

maintain, construct and conduct recreational activities on local

nongovernmental properties as well as on publicly-owned facilities.
Okla. Stat. tit. 11, § 11-50-111.3 — OK Code / Title 11 / Section 11-50-111.3
Deferred option plans
Status: in_force

A. In lieu of terminating employment and accepting a service

retirement pension pursuant to Section 50-114 of this title, any

member of the Oklahoma Police Pension and Retirement System who has

not less than twenty (20) years of creditable service and who is

eligible to receive a service retirement pension may make an

irrevocable election to participate in the Oklahoma Police Deferred

Option Plan and defer the receipts of benefits in accordance with

the provisions of this section.

B. For purposes of this section, creditable service shall

include service credit reciprocally recognized pursuant to Section

50-101 et seq. of this title but for eligibility purposes only.

C. The duration of participation in the Oklahoma Police

Deferred Option Plan for a member shall not exceed five (5) years.

Participation in the Oklahoma Police Deferred Option Plan must begin

the first day of a month and end on the last day of a month. At the

conclusion of a member's participation in the Oklahoma Police

Deferred Option Plan, the member shall terminate employment with all

participating municipalities as an officer, and shall start

receiving the member's accrued monthly retirement benefit from the

System. Such a member may receive in-service distributions of such

member's accrued monthly retirement benefit from the System if such

member is reemployed by a participating municipality only if such

reemployment is as a police chief or in a position not covered under

the System.

D. When a member begins participation in the Oklahoma Police

Deferred Option Plan, the contribution of the employee shall cease.

The employer contributions shall continue to be paid in accordance

with Section 50-109 of this title. Municipal contributions for

Oklahoma Statutes - Title 11. Cities and Towns Page 634

employees who elect the Oklahoma Police Deferred Option Plan shall

be credited equally to the Oklahoma Police Pension and Retirement

System and to the Oklahoma Police Deferred Option Plan. The monthly

retirement benefits that would have been payable had the member

elected to cease employment and receive a service retirement shall

be paid into the Oklahoma Police Deferred Option Plan account.

E. 1. A member who participates in this plan shall be eligible

to receive cost of living increases.

2. A member who participates in this plan shall earn interest

at a rate of two percentage points below the rate of return of the

investment portfolio of the System, but no less than the actuarial

assumed interest rate as certified by the actuary in the yearly

evaluation report of the actuary. The interest shall be credited to

the individual account balance of the member on an annual basis.

F. A participant in the Oklahoma Police Deferred Option Plan

shall receive, at the option of the participant:

1. A lump sum payment from the account equal to the option

account balance of the participant, payable to the participant;

2. A lump sum payment from the account equal to the option

account balance of the participant, payable to the annuity provider

which shall be selected by the participant as a result of the

research and investigation of the participant; or

3. Any other method of payment if approved by the State Board.

Notwithstanding any other provision contained herein to the

contrary, commencement of distributions under the Oklahoma Police

Deferred Option Plan shall be no later than the time as set forth in

subsection C of Section 50-114 of this title.

G. If the participant dies during the period of participation

in the Oklahoma Police Deferred Option Plan, a lump sum payment

equal to the account balance of the participant shall be paid to the

recipients, which may include a trust, properly designated in

writing by the participant or, if none, to the surviving spouse who

was married to the participant for the thirty (30) continuous months

immediately preceding the death of the participant; provided, a

surviving spouse of a participant who died in, and as a consequence

of, the performance of the participant's duty for a participating

municipality shall not be subject to the thirty-month marriage

requirement for survivor benefits or, if no surviving spouse, to the

estate of the participant.

H. In lieu of participating in the Oklahoma Police Deferred

Option Plan pursuant to subsections A, B, C, D, E and F of this

section, a member may make an irrevocable election to participate in

the Oklahoma Police Deferred Option Plan pursuant to this subsection

as follows:

1. For purposes of this subsection, the following definitions

shall apply:

Oklahoma Statutes - Title 11. Cities and Towns Page 635

a. "back drop date" means the date selected by the

member, which is up to five (5) years before the

member elects to participate in the Oklahoma Police

Deferred Option Plan, but not before the date at which

the member completes twenty (20) years of credited

service,

b. "termination date" means the date the member elects to

participate in the Oklahoma Police Deferred Option

Plan pursuant to this subsection, and the date the

member terminates employment with all participating

municipalities as an active police officer, such

termination has at all times included reemployment of

a member by a participating municipality only if such

reemployment is as a police chief or in a position not

covered under the System,

c. "earlier attained credited service" means the credited

service earned by a member as of the back drop date,

and earlier attained credited service cannot be

reduced to less than twenty (20) years of credited

service, and

d. "deferred benefit balance" means all monthly

retirement benefits that would have been payable had

the member elected to cease employment on the back

drop date and receive a service retirement from the

back drop date to the termination date, all of the

member's contributions and one-half (1/2) of the

employer contributions from the back drop date to the

termination date, with interest based on how the

benefit would have accumulated as if the member had

participated in the Oklahoma Police Deferred Option

Plan pursuant to subsections A, B, C, D and E of this

section from the back drop date to the termination

date;

2. At the termination date, the monthly pension benefit shall

be determined based on earlier attained credited service and on the

final average salary as of the back drop date. The member's

individual deferred option account shall be credited with an amount

equal to the deferred benefit balance; the member shall terminate

employment with all participating municipalities as a police officer

and shall start receiving the member's accrued monthly retirement

benefit from the System. The provisions of subsections B, C, E, F

and G of this section shall apply to this subsection. A member

shall not participate in the Oklahoma Police Deferred Option Plan

pursuant to this subsection if the member has elected to participate

in the Oklahoma Police Deferred Option Plan pursuant to subsections

A, B, C, D, E and F of this section; and

Oklahoma Statutes - Title 11. Cities and Towns Page 636

3. If a member who has not less than twenty (20) years of

creditable service and who is eligible to receive a service

retirement pension dies prior to terminating employment, the

surviving spouse shall be eligible to elect to receive a benefit

determined as if the member had elected to participate in the

Oklahoma Police Deferred Option Plan in accordance with this

subsection on the day immediately preceding the death. The

surviving spouse must have been married to the member for the thirty

(30) continuous months preceding the member's death; provided, the

surviving spouse of a member who died while in, and as a consequence

of, the performance of the member's duty for a participating

municipality shall not be subject to the thirty-month marriage

requirement for this election.
Okla. Stat. tit. 11, § 11-22-155 — OK Code / Title 11 / Section 11-22-155
Submission of question of issuance of revenue
Status: in_force

obligations to finance acquisition, purchase or construction 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 the acquisition, purchase

or construction of a public utility or combination of public

utilities to qualified voters of the municipality at an election if:

1. The type or kind of public utility or utilities to be

financed have not heretofore been owned or operated by the

municipality or a public trust having the municipality as its

beneficiary; or

2. The question of the acquisition, construction or purchase of

the public utility or combination of utilities at issue has not been

previously approved by a lawful majority of qualified voters of the

municipality voting at an election held within ten (10) years of the

date of the election.
Okla. Stat. tit. 11, § 11-52-105 — OK Code / Title 11 / Section 11-52-105
Annual certificate - Renewals - Fee
Status: in_force

Upon payment of the fee prescribed by the division, an annual

certificate shall be issued to any person, not less than eighteen

(18) years of age and of good moral character, who has successfully

completed the training provided for each year. Said certificate

shall expire on June 30 next following its issuance and may be

renewed from year to year upon completion of the yearly training

Oklahoma Statutes - Title 11. Cities and Towns Page 703

program and payment of the fee. The division may refuse to renew

such certificate upon failure of an applicant during the year to

complete the training program offered or approved by it unless

waived by action of the division. Each application for a

certificate or renewal shall be accompanied by a payment of the

prescribed fee.
Okla. Stat. tit. 11, § 11-12-101 — OK Code / Title 11 / Section 11-12-101
Statutory town board of trustees form of government
Status: in_force

The form of government provided by Sections 12-101 through 12-

114 of this title shall be known as the statutory town board of

trustees form of government. Towns governed under the statutory town

board of trustees form shall have all the powers, functions, rights,

privileges, franchises and immunities granted, or which may be

granted, to towns. Such powers shall be exercised as provided by

law applicable to towns under the town board of trustees form, or if

the manner is not thus prescribed, then in such manner as the board

of trustees may prescribe.
Okla. Stat. tit. 11, § 11-36-104 — OK Code / Title 11 / Section 11-36-104
Emergency sidewalk repairs - How made - Notice to
Status: in_force

owner.

Whenever the municipal governing body deems it necessary for the

public safety to repair any sidewalk in the municipality which has

been or may hereafter be constructed, it may declare, by resolution,

an emergency to exist for the protection of the public safety, by

reason whereof it is necessary to make the repairs immediately.

Upon the adoption of the resolution, notice shall be given to the

owner or occupant of the property directing him to make the repairs

within three (3) days after the service of the notice. If the owner

or occupant cannot be found, the notice may be served by posting a

copy of the notice upon the lot or parcel or real property abutting

upon the portion of the street where the sidewalk repairs are

necessary. If the repairs are not completed within the three-day

Oklahoma Statutes - Title 11. Cities and Towns Page 317

period, as directed in the notice, the municipality may proceed to

construct or repair the sidewalk, or let a contract therefor without

advertisement. The cost of making the repairs shall then be

assessed against the abutting property in the manner provided for

sidewalk improvements. All such assessments which amount to Ten

Dollars ($10.00) or less shall be paid in one installment at the

next tax paying period after the amount is certified.
Okla. Stat. tit. 11, § 11-36-216 — OK Code / Title 11 / Section 11-36-216
Assessing ordinance - Interest on installments - Lien
Status: in_force

Assessments in conformity to the appraisement and apportionment,

as corrected and confirmed by the governing body, shall be payable

in ten equal annual installments, and shall bear interest at the

rate of not to exceed thirteen percent (13%) per annum until paid,

payable in each year at such time as the several installments are

made payable. The governing body, by ordinance and by referring to

the assessment roll as confirmed, shall levy assessments in

accordance with the assessment roll as confirmed against the several

lots and tracts of land liable therefor. The ordinance shall

provide that the owners of the property so assessed shall have the

privilege of paying the amounts of their respective assessments

without interest within thirty (30) days after the date of the

publication of the assessing ordinance. The special assessments,

and each installment thereof and the interest thereon, are hereby

declared to be a lien against the lots and tracts of land so

assessed from the date of the publication of the ordinance levying

the same, coequal with the lien of other taxes and prior and

superior to all other liens against such lots or tracts of land. The

lien shall continue as to unpaid installments and interest until the

assessments and interest thereon shall be fully paid, but unmatured

installments shall not be deemed to be within the terms of any

general convenant or warranty.
Okla. Stat. tit. 11, § 11-36-508 — OK Code / Title 11 / Section 11-36-508
Activities in right-of-way – Exclusion of cable
Status: in_force

providers.

This section applies to activities in the right-of-way only.

Nothing in this act shall be interpreted to allow any entity to

provide services regulated under 47 U.S.C., Sections 521 to 573,

without compliance with all laws applicable to such providers nor

shall this act be interpreted to impose any new requirements on

cable providers for the provision of such service in this state.
Okla. Stat. tit. 11, § 11-34-101 — OK Code / Title 11 / Section 11-34-101
Police officers
Status: in_force

A. A municipal police officer shall at all times have the power

to make or order an arrest for any offense against the laws of this

state or the ordinances of the municipality. The officer shall have

such other powers, duties and functions as may be prescribed by law

or ordinance.

B. In addition to regular full-time municipal police officers,

reserve municipal police officers may also be appointed by the chief

of police. Reserve municipal police officers shall have the powers,

duties and functions as set forth in law or ordinance for regular

full-time municipal police officers, including serving as police

officers in another municipality requesting assistance pursuant to

Section 34-103 of this title. A reserve municipal police officer

shall serve on a part-time basis and shall perform duties only while

on authorized duty. Noncompensated reserve municipal police

officers may serve as dispatchers or confinement officers at

municipal jails. Part-time reserve officers shall serve not more

than one hundred forty (140) hours per calendar month.

Oklahoma Statutes - Title 11. Cities and Towns Page 300

Such reserve municipal police officers must meet the minimum

requirements of Section 3311 of Title 70 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-49-116 — OK Code / Title 11 / Section 11-49-116
Physical performance/agility test and examination –
Status: in_force

Retired disabled persons.

A. All candidates being considered for a position of a paid

firefighter shall pass the required pre-employment offer physical

performance/agility test based on standards established by the State

Board; provided that the time between the administration of the

physical performance/agility test approval for membership in the

System by the Executive Director and the candidate’s actual hire

date by the participating municipality is less than twelve (12)

months, provided further that a volunteer firefighter who passes an

agility test at the time he or she is enrolled as a firefighter in a

combination paid and volunteer fire department shall not be required

to take a second agility test at the time of appointment as a paid

firefighter in the same fire department. After review of a

candidate’s physical performance/agility test presented to the

System by a participating municipality or its fire department, the

Executive Director may require that a second physical

performance/agility test be administered to said candidate by and

under the supervision of the Executive Director. Successful

completion of the second physical performance/agility test shall be

required before said candidate’s application for membership in the

System can be approved.

B. The State Board shall require that any candidate applying

for entrance as a member of the System, who has been offered a

position of a paid firefighter and before entering the employment of

a participating municipality as a paid firefighter, must

successfully complete a physical examination, as promulgated by the

administrative rules established by the State Board, in order to

participate and qualify to receive any benefits from the System;

provided that when the System receives all the information necessary

for entrance into the System, including written notice from the

System’s physician that the candidate has met the minimum medical

requirements for entrance, the Executive Director shall have the

authority to approve an entrance date for the candidate no earlier

than the date all the necessary information for entrance is received

Oklahoma Statutes - Title 11. Cities and Towns Page 575

or the actual hire date whichever is later; provided that the time

between the administration of the physical examination approval for

membership in the System by the Executive Director and the

candidate’s actual hire date by the participating municipality is

less than six (6) months. All candidates shall be of good moral

character, free from deformities, mental or physical conditions,

disease and alcohol or drug addiction, which would prohibit a

candidate from performing duties as a firefighter. The State Board

shall have the authority to deny or revoke the membership of a

candidate submitting false information in such candidate’s

membership application and shall have final authority in determining

eligibility for membership pursuant to the provisions of this

article. This subsection shall not apply to any person who

terminates employment with a participating municipality as a paid

firefighter and is reemployed by the participating municipality or

employed by another participating municipality within six (6) months

of such termination, unless such person was terminated for medical

reasons.

C. Any person retired for disability under this article may be

summoned before the State Board herein provided for, any time

hereafter, and shall submit himself thereto for examination as to

his fitness for duty, and shall abide the decision and order of the

State Board with reference thereto; and all members of the fire

department, who may be retired under the provisions of this article,

shall report to some physician designated by the State Board when so

retired, as required by the State Board.
Okla. Stat. tit. 11, § 11-22-140.4 — OK Code / Title 11 / Section 11-22-140.4
In rem foreclosures of municipal code lien
Status: in_force

A. Any municipality to which this act applies may proceed with

judicial in rem foreclosures of municipal code liens in accordance

with the provisions of this act by enactment of an ordinance or

resolution of the governing authority of the municipality in which

the real property is located, which ordinance or resolution shall be

sufficient authority for use of this act by the municipality to

enforce its municipal code liens.

B. The ordinance or resolution of a municipality authorizing

and approving the use of this act shall include all of the

following:

1. The initial effective date for application of these

procedures;

2. The explicit exclusion of owner-occupied properties from the

application of the judicial in rem foreclosure procedures authorized

in this act;

3. The nature and extent of notices, support services, and

referrals to be provided to the owners and occupants of owner-

occupied properties; and

4. Any other matters the municipality specifies to be addressed

through administrative regulations and policies.

Oklahoma Statutes - Title 11. Cities and Towns Page 196

C. Proceedings in accordance with this act are to solely

enforce the municipal code lien for real property subject to the

municipal code lien and shall not constitute an action for personal

liability for the municipal code liens against the owner or owners

of the real property.

D. The rights and remedies set forth in this act are available

solely to the governmental entities authorized by law to enforce

municipal ordinances and shall not extend to any nongovernmental

transferee of municipal code liens.

E. A municipality that has adopted the provisions of this act

and that seeks to enforce a municipal code lien through the sale of

real property shall utilize the judicial in rem proceedings of this

act as the sole remedy for the enforcement through the sale of real

property.

F. The enforcement proceedings authorized by this act may be

initiated only by the municipality.
Okla. Stat. tit. 11, § 11-37-230 — OK Code / Title 11 / Section 11-37-230
Registration of bonds
Status: in_force

The Improvement Bonds shall be registered by the clerk of the

municipality in a book to be provided for that purpose, and each

bond shall bear a certificate of such registration. Upon the books

Oklahoma Statutes - Title 11. Cities and Towns Page 393

of the treasurer shall be noted the name of the holder of each bond

and his address. Any subsequent holder may cause the same to be

registered in the name of the holder upon submission of proper proof

of ownership. Nothing herein shall prevent the appointment of a

registrar, transfer, authenticating, paying or other agent as

provided in the Registered Public Obligations Act of Oklahoma for

purposes of performing the functions required herein.
Okla. Stat. tit. 11, § 11-30-104 — OK Code / Title 11 / Section 11-30-104
Rules and regulations - Expenditures and receipts -
Status: in_force

Hospital fund - Personnel.

The board of control shall adopt rules and regulations for its

own guidance and for the governance and operation of the municipal

hospital, not inconsistent with this article, which shall be subject

to the approval of the municipal governing body. It shall have

exclusive control of expenditures of all moneys collected and

deposited to the credit of the municipal hospital fund, of the

hospital building or buildings, and of the care and custody of the

grounds, rooms, or buildings purchased, leased or set apart for the

hospital. All money received by the board on account of the

operation of the hospital, or otherwise, shall be paid by the board

to the municipal treasurer, who shall deposit the same in a special

account in the municipal treasury to be designated the "hospital

fund." Such moneys shall be paid out only upon warrants authorized

by the board, drawn and signed by its secretary, and countersigned

by its president. The board shall have authority to establish a

petty cash fund, not to exceed the sum of Five Hundred Dollars

($500.00) at any one time, for use in maintaining the hospital,

which money shall be expended by the superintendent of the hosptial

on forms prescribed and authorized by the board of control. The

board of control shall have authority to appoint, and remove, a

suitable superintendent, or matron, or both, and necessary

assistants and nurses, and to fix their compensation, all of which

shall be subject to the approval of the municipal governing body.
Okla. Stat. tit. 11, § 11-5-105 — OK Code / Title 11 / Section 11-5-105
Town officers to be elected
Status: in_force

The officers to be elected shall be those provided by law

applicable to the town board of trustees form of government. These

officers shall hold office until the next odd-numbered year, at

which time the first regular municipal election shall be held under

the town board of trustees form of government as provided in Section

16-206 of this title, and until their successors are elected and

qualified.
Okla. Stat. tit. 11, § 11-50-116.1 — OK Code / Title 11 / Section 11-50-116.1
Sickness or temporary disability - Continuance of
Status: in_force

salary.

Whenever any member of the police department of any municipality

is unable to perform the member's duties because of sickness or

temporary disability caused or sustained while in the discharge of

the member's duty as such member, notwithstanding the provisions of

Sections 11 and 12 of Title 85 of the Oklahoma Statutes, the salary

shall be paid by the municipality to the member and shall continue

while the member is sick or temporarily disabled for a period of not

more than six (6) months with the municipality having the option of

extending the period for up to an additional six (6) months, not to

exceed a total of twelve (12) months, after which said period the

provisions for permanent total or permanent partial disability

benefits of the Oklahoma Police Pension and Retirement System shall

apply. Should a member receiving a salary under this section be

eligible to receive, and should the salary of the member under this

section exceed any temporary disability benefit paid to the member

under Section 1 et seq. of Title 85 of the Oklahoma Statutes, the

member shall transfer said temporary disability benefits under

Section 1 et seq. of Title 85 of the Oklahoma Statutes to the

municipality while the member is sick or temporarily disabled.
Okla. Stat. tit. 11, § 11-16-211 — OK Code / Title 11 / Section 11-16-211
First election held in strong-mayor-council city
Status: in_force

At the first general municipal election held in the odd-numbered

year following adoption of the statutory strong-mayor-council form

of government, the officers to be elected and their terms are as

follows:

1. Four-year terms: Councilmembers from Wards One, Two and

Five (if one).

2. Two-year terms: Councilmembers from Wards Three, Four and

Six (if one); and the mayor.

At general municipal elections held thereafter, the successors of

the officers whose terms are expiring shall be elected for four-year

terms.
Okla. Stat. tit. 11, § 11-32-108 — OK Code / Title 11 / Section 11-32-108
Resolution authorizing improvement - Notice
Status: in_force

The governing body may, by a majority vote of its entire

membership, adopt a resolution authorizing the parking station

improvement at any time within six (6) months after the final

adjournment of the hearing on the advisability of making the

improvement. Notice of the resolution shall be published in at

least two (2) issues of a newspaper of general circulation in the

municipality. The notice shall state that any record owner of

property liable to assessment may protest the improvement, as

provided in Section 32-109 of this title.
Okla. Stat. tit. 11, § 11-36-105 — OK Code / Title 11 / Section 11-36-105
Granting right to close, alter or appropriate roads or
Status: in_force

streets for certain purposes.

A. A municipal governing body, by and with the written approval

of the State Highway Commission insofar as state and federal

highways may be affected, may grant to the United States of America,

or any irrigation district, conservancy district, or water users'

association, organized under the laws of Oklahoma, the right to

close, inundate, destroy, alter, or appropriate any municipal roads

or streets in the municipality in connection with the construction,

development, operation, or maintenance of any irrigation,

reclamation, water conservation and utilization, flood control,

military, or national defense project, for needful public buildings,

or other public projects being constructed, operated, developed, or

maintained by the United States of America, or any such district or

association, upon such terms and conditions and for such

consideration as the governing body may determine to be just and

proper.

B. The municipal governing body may authorize the execution of,

and the mayor or other chief official shall in accordance with such

authorization have the power to execute, any and all contracts,

deeds, easements, and other instruments of conveyance as may be

required in or convenient to the exercise of the powers granted in

this section.
Okla. Stat. tit. 11, § 11-42-106 — OK Code / Title 11 / Section 11-42-106
Vacation of plat by written agreement of owners
Status: in_force

A. Any plat of a municipality or addition thereto or any

subdivision of land may be vacated by the owners thereof at any time

before the sale of any lots therein by a written instrument

declaring the same to be vacated, duly executed, acknowledged or

proved and recorded in the same office with the plat to be vacated.

The executing and recording of the written instrument, bearing the

approval or consent of the municipality in which the plat is

situated, shall operate to destroy the force and effect of the

recording of the plat so vacated, and to divest all public rights in

the public ways, commons, and public grounds laid out as described

in the plat.

B. Where any lots in the plat sought to be vacated have been

sold, the plat or a portion thereof may be vacated as provided in

subsection A of this section, provided that the owners of sixty

percent (60%) of the lots in the plat and all of the owners in the

area to be vacated join in the execution of the written instrument,

the instrument bears the approval of the municipality in which the

plat is situated, and such action is not prohibited by any

restrictive covenants encumbering the lots in plat.

C. Notwithstanding the foregoing provisions, any plat of record

in the office of the county clerk in the county in which the real

property is situated, for a period of not less than ten (10) years,

which bears the approval of the municipality in which the real

property is situated, which replats an existing plat, or a portion

thereof, shall be deemed a lawful replatting of any plat, or portion

thereof, thereby vacating the plat, or a portion thereof, which is

replatted.

D. This section shall not be construed as applying to any of

the territory included within the limits of any incorporated

municipality created and organized under and by virtue of a special

act of the Legislature.
Okla. Stat. tit. 11, § 11-36-308 — OK Code / Title 11 / Section 11-36-308
Right of action of bondholder
Status: in_force

Any holder of a street improvement bond shall have the right to

institute, in the name of the municipality issuing the bond, an

action in the district court in the county in which the property is

located to foreclose the lien of the assessment whenever the

assessment, or any installment thereof, is delinquent for a period

of at least twelve (12) months. The petition for foreclosure shall

generally:

1. State the ownership of the bond;

2. Describe the property assessed;

3. Describe the nature of the improvement;

Oklahoma Statutes - Title 11. Cities and Towns Page 343

4. State the amount of the unpaid delinquent assessment or

installment and penalty thereon at the rate of twelve percent (12%)

per annum; and

5. Pray for the foreclosure of the lien.

Summons shall be issued on the petition as in other civil actions

and the cause shall be tried by the district court. Judgment may be

entered on the petition for the amount of the unpaid assessment, or

installment, together with interest thereon at the rate of twelve

percent (12%) per annum from the date the assessment or installment

was due and payable up to the date of the filing of the petition,

and for the sum of six percent (6%) interest on the judgment

computed from the time of filing the petition until the judgment is

paid. If the judgment, together with interest and costs, is not

paid within six (6) months after the date of the rendition thereof,

an order of sale shall be issued by the clerk of the court, directed

to the sheriff of the county, to sell the real estate in the manner

and form as for sale of real estate under execution. The judgment

shall carry the costs of the action, together with the costs of the

sale. Upon the payment of the judgment, the amount thereof

exclusive of costs shall be paid to the municipal treasurer for

deposit in the separate, special fund. The judgment shall provide

for the sale of the real estate subject to existing general or ad

valorem taxes and special assessments. All owners or encumbrancers

shall be made parties defendant in the suit. Upon the institution

of an action to collect delinquent and unpaid assessments against

property liable therefor, no other action shall be instituted and

maintained to collect such delinquent assessment against the

property for that year.

11-36-309. Refunding street improvement bonds - Authority.

Any municipality which has issued street improvement bonds by

virtue of the authority of any law or charter provision is

authorized to refund the bonds. In refunding such bonds, the

governing body may provide for:

1. The levy and collection of assessments to pay the bonds;

2. The retirement of the street improvement bonds originally

issued;

3. The cancellation of any or all prior assessments, and

penalties and interest, together with interest and penalties that

have accrued thereon, by and with the written consent and under

written contract with the holders of any series of the street

improvement bonds;

4. A written "Agreement to Accept Street Improvement Refunding

Bonds" in exchange for the bonds originally issued; and

5. The procedure for such refunding in accordance with

applicable law.
Okla. Stat. tit. 11, § 11-47-109 — OK Code / Title 11 / Section 11-47-109
Legal status of official plan - Approval by commission
Status: in_force

Whenever the commission shall have adopted the master plan of

the municipality or of one or more major sections or districts

thereof no street, square, park, or other public way, ground, or

open space, or public building or structure, or other government

enterprise, shall be constructed or authorized in the municipality

Oklahoma Statutes - Title 11. Cities and Towns Page 501

or in the planned section and district until the location, character

and extent thereof shall have been submitted to and approved by the

commission. In the case of disapproval, the commission shall

communicate its specific findings and reasons for disapproval in

writing to the council, which shall have the power to overrule the

disapproval by a recorded vote of not less than two-thirds of all

its members. If the authorization or financing of the public way,

ground, space, building, structure, or other governmental

enterprise, does not fall within the province of the council, under

the law or charter provisions governing same, the submission to the

commission shall be by the board, commission or body having

jurisdiction, and the commission's disapproval may be overruled by

the board, commission or body having jurisdiction by a vote of not

less than two-thirds of all its members. If the sponsoring agency

is appointive and not elected, the disapproval of the commission

cannot be overridden except by a vote of not less than two-thirds of

all the members of the council. The failure of the commission to

act within sixty (60) days after the date of official submission to

the commission shall be deemed approval.
Okla. Stat. tit. 11, § 11-33-107 — OK Code / Title 11 / Section 11-33-107
Public recreation board or commission - Functions -
Status: in_force

Superintendent.

If a public recreation board or commission shall be established,

it shall discharge its functions through a public recreation

department, as provided in Section 33-106 of this title, shall make

annual reports, shall adopt rules and regulations and establish

general policies for the conduct of its business and for the

operation of public recreational activities and services. It shall

make an annual report to the governing body or bodies and such

special reports as may be requested in writing by the governing body

or any of the governing bodies; provided that a copy of all reports

shall be furnished to each governing body if there be more than one.

The public recreation board or commission, in order to carry out the

provisions of this subarticle, shall recommend a superintendent of

recreation, not of its own membership or of the membership of the

governing body or bodies, who is trained in public recreation and

who shall be responsible for formulating the recreational program

and community organization for recreation and who shall be the

administrative head of the public recreation department. The

superintendent shall be secretary of the public recreation board or

commission, but shall have no vote. The superintendent shall:

1. Suggest and participate in planning public recreation and

deciding upon matters of policy adopted by the board or commission;

2. Recommend appointment of trained personnel within the

budgetary limits of the department;

3. Be in charge of all employees, and make all contracts and

expenditures subject to the policies, rules and regulations of the

board or commission;

4. Direct and be responsible for the work performed;

Oklahoma Statutes - Title 11. Cities and Towns Page 295

5. Make an annual report to the board or commission and such

special reports as may be requested in writing by the board or

commission; and

6. Prepare annually a budget for the operation of the

recreation program for the succeeding fiscal year.

Salaries of all employees, including that of the superintendent,

shall be determined by the board or commission. When the recreation

program budget has been approved by the board or commission, it

shall be presented to the governing body or bodies for approval. All

funds credited to the public recreational board or commission shall

be paid out as are other public funds.
Okla. Stat. tit. 11, § 11-49-143.5 — OK Code / Title 11 / Section 11-49-143.5
Increase in benefits - July 1, 2006 - Offset
Status: repealed

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

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

Title 11 of the Oklahoma Statutes, effective July 1, 2006, any

person receiving benefits from the Oklahoma Firefighters Pension and

Retirement System as of June 30, 2005, who continues to receive

benefits on or after July 1, 2006, shall receive a four-percent

increase in said benefits beginning in July 2006.

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

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

Statutes after June 30, 2004, shall be used to offset the increase

in benefits provided in subsection A of this section.

Oklahoma Statutes - Title 11. Cities and Towns Page 605

C. Effective July 1, 2006, any persons receiving benefits

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

shall each receive a monthly benefit equal to Seven Dollars and

twenty-four cents ($7.24) for each year of credited service not to

exceed thirty (30) years of service.
Okla. Stat. tit. 11, § 11-16-105.1 — OK Code / Title 11 / Section 11-16-105.1
Elections to be nonpartisan - Primary elections in
Status: in_force

nonpartisan elections abolished.

Municipal elections shall be nonpartisan and all candidates

shall file as independent candidates unless, prior to the date for

notifying the county election board of the call for the election,

the municipality has in effect an ordinance providing for a partisan

primary election consistent with Section 16-101 et seq. of Title 11

of the Oklahoma Statutes. No primary elections shall be held in a

nonpartisan election. Any election proclamation or notice of

election providing for a primary election shall be deemed to be

amended by operation of this act to delete the call for a primary

election unless a copy of the ordinance authorizing the primary

election is attached to the election resolution filed with the

county election board. If such a copy is not attached, each

candidate shall appear on the ballot as an independent candidate

without party or other designation. Provided, any municipality

which is governed by a charter may provide otherwise by charter or

ordinance.

Oklahoma Statutes - Title 11. Cities and Towns Page 93