Okla. Stat. tit. 11, § 11-49-113.2 — OK Code / Title 11 / Section 11-49-113.2
Death benefit
Status: in_force

A. Upon the death of an active or retired member, the System

shall pay to the surviving spouse of the member if the surviving

spouse has been married to the firefighter for thirty (30)

continuous months preceding the member's death provided a 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 survivor

benefits, or if there is no surviving spouse or no surviving spouse

meeting the requirements of this section, 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 estate of the member, the sum of Four Thousand

Dollars ($4,000.00) for those active or retired members who died

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

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

($5,000.00).

B. Upon the death of a member who dies leaving no living

designated recipient or having designated the member's estate as

Oklahoma Statutes - Title 11. Cities and Towns Page 572

recipient, the System may pay any applicable death benefit which may

be subject to probate, in an amount of Five Thousand Dollars

($5,000.00), to the heir or heirs of the member without the

intervention of a probate court or probate procedures.

C. Before any applicable probate procedure may be waived, the

System must be in receipt of the member's proof of death and the

following documents from those persons claiming to be the legal

heirs of the deceased member:

1. The member's last will and testament if available;

2. An affidavit or affidavits of heirship which must contain:

a. the names and signatures of all claiming heirs to the

deceased member's estate including the claiming heirs'

names, relationship to the deceased member, current

addresses and current telephone numbers,

b. a statement or statements by the claiming heirs that

no application or petition for the appointment of a

personal representative is pending or has been granted

in any jurisdiction,

c. a statement that the value of the deceased member's

entire probate estate, less liens and encumbrances,

does not exceed the dollar limit pursuant to Section

393 of Title 58 of the Oklahoma Statutes, including

the payment of benefits from the System, and

d. a statement by each individual claiming heir

identifying the amount of personal property that the

heir is claiming from the System or the amount the

heir agrees to be paid to another person, and that the

heir has been notified of, is aware of and consents to

the identified claims of all the other claiming heirs

of the deceased member pending with the System;

3. A written agreement or agreements signed by all claiming

heirs of the deceased member which provides that the claiming heirs

release, discharge and hold harmless the System from any and all

liability, obligations and costs which it may incur as a result of

making a payment to any of the deceased member's heirs;

4. A corroborating affidavit from an individual other than a

claiming heir, who was familiar with the affairs of the deceased

member; and

5. Proof that funeral and burial expenses of the deceased

member have been paid or provided for.

D. The System shall retain complete discretion in determining

which requests for probate waiver may be granted or denied, for any

reason. Should the System have any questions as to the validity of

any document presented by the claiming heirs, or as to any statement

or assertion contained therein, the probate requirements provided

for in Section 1 et seq. of Title 58 of the Oklahoma Statutes shall

not be waived.

Oklahoma Statutes - Title 11. Cities and Towns Page 573

E. After paying any death benefits to any claiming heirs as

provided pursuant to this section, the System is discharged and

released from any and all liability, obligation and costs to the

same extent as if the System had paid a personal representative

holding valid letters testamentary issued by a court of competent

jurisdiction. The System is not required to inquire into the truth

of any matter specified in this section or into the payment of any

estate tax liability.

F. The provisions of this section shall not be subject to

qualified domestic orders as provided in subsection B of Section 49-

126 of this title.

G. 1. For purposes of this section, if a person makes a

qualified disclaimer with respect to the death benefit provided for

in subsection A of this section, this section shall apply with

respect to such death benefit as if the death benefit had never been

transferred to such person.

2. For purposes of this subsection, the term "qualified

disclaimer" means an irrevocable and unqualified refusal by a

person, including but not limited to the surviving spouse of the

deceased member, to accept an interest in the death benefit provided

for in subsection A of this section, but only if:

a. such refusal is in writing,

b. such writing is received by the System not later than

the date which is nine (9) months after the date of

death of the deceased member,

c. such person has not accepted the death benefit

provided for in subsection A of this section, and

d. as a result of such refusal, the death benefit

provided for in subsection A of this section passes

without any direction on the part of the person making

the disclaimer and passes first, to the organization

providing funeral and burial services for the deceased

member or, if the cost of the funeral and burial

services for the deceased member has already been

paid, to the person or persons other than the person

making the disclaimer as further provided for in this

section.
Okla. Stat. tit. 11, § 11-15-103 — OK Code / Title 11 / Section 11-15-103
Petition - Form - Signatures - Time for filing
Status: in_force

A. The form of the petition for either initiative or referendum

in a municipality shall be substantially as provided in Sections 1

and 2 of Title 34 of the Oklahoma Statutes. A true copy of each

measure proposed by initiative and referendum shall be filed with

the clerk of the municipality before it is circulated and signed by

the registered voters.

B. Every petition for either the initiative or referendum shall

be signed by a number of the registered voters residing in the

municipality equal to at least twenty-five percent (25%) of the

total number of votes cast at the most recent preceding general

municipal election or biennial town meeting if the municipality is

subject to the Oklahoma Town Meeting Act. The signatures to each

petition shall be verified in the manner provided by law.

C. Signed copies of an initiative petition shall be submitted

to the clerk within ninety (90) days after the initial filing of the

measure with the clerk. Signed copies of a petition invoking a

referendum upon any ordinance or resolution shall be submitted to

the clerk within sixty (60) days after the passage of the ordinance

or resolution. Amendments to municipal charters may be proposed by

an initiative petition, and signed copies of such petition shall be

submitted to the clerk not less than sixty (60) days before the

election at which the amendments are to be voted upon.

D. For the purposes of this section, "total number of votes

cast" shall mean the sum of the votes cast for all candidates in the

race for the highest-ranking at-large municipal office appearing on

a ballot. If no such office appeared on a ballot, then "total

number of votes cast" shall be determined by using the sum of votes

cast for or against the municipal question or proposition receiving

the largest total number of votes on a ballot, provided that all

voters registered and residing within the municipal limits were

eligible to vote on such question or proposition.
Okla. Stat. tit. 11, § 11-36-114 — OK Code / Title 11 / Section 11-36-114
Use of money from motor fuel excise tax and motor
Status: in_force

vehicle license and registration tax.

A municipal governing body which receives money from the state

under the motor fuel tax or under the motor vehicle license and

registration tax act may expend such money out of the street and

alley fund or the street and alley account of the general fund of

the municipality for construction, maintenance, repair, improvement,

or lighting of streets and alleys.
Okla. Stat. tit. 11, § 11-1-102 — OK Code / Title 11 / Section 11-1-102
Definitions
Status: in_force

As used in the Oklahoma Municipal Code:

1. "Charter municipality" or "Municipality governed by charter"

means any municipality which has adopted a charter in accordance

with the provisions of the Constitution and laws of Oklahoma and at

the time of adoption of the charter had a population of two thousand

(2,000) or more. Once a municipal charter has been adopted and

approved, it becomes the organic law of the municipality in all

matters pertaining to the local government of the municipality and

prevails over state law on matters relating to purely municipal

concerns;

Oklahoma Statutes - Title 11. Cities and Towns Page 24

2. "City" means a municipality which has incorporated as a city

in accordance with the laws of this state;

3. "Governing body" or "Municipal governing body" means the

city council of a city, the board of trustees of a town, or the

legislative body of a municipality, as it may be defined by

applicable law or charter provision;

4. "Mayor" means the official head of the municipal government

as defined by applicable law or charter provision. The mayor is the

presiding officer of the governing body in all statutory forms of

municipal government, and is the chief executive officer in cities

having the statutory aldermanic and statutory strong-mayor-council

forms of city government;

5. "Municipality" means any incorporated city or town;

6. "Officer or official" means any person who is elected to an

office in municipal government or is appointed to fill an unexpired

term of an elected office, and the clerk and the treasurer whether

elected or appointed. When "officer" or "official" is modified by a

term which refers to a personnel position or duty, the holder of the

position or duty is not an officer or official of the municipality

for any purpose;

7. "Ordinance" means a formal legislative act of a municipal

governing body which has the force and effect of a continuing

regulation and a permanent rule of conduct or government for the

municipality;

8. "Publish" or "Publication" means printing in a newspaper

which:

a. maintains an office in the municipality and is

of general circulation in the municipality. If there is no such

newspaper, then in any newspaper which is of general circulation in

the municipality; and

b. meets the requirements of a legal newspaper as

provided in Section 106 of Title 25 of the Oklahoma Statutes.

If there is no newspaper meeting the requirements as

provided for in this paragraph, the term publish or publication

shall mean posting a copy of the item to be published in ten or more

public places in the municipality. When a notice is required to be

published for a prescribed period of time, publishing the notice one

(1) day each week during the prescribed period of publication is

sufficient in accordance with Section 103 of Title 25 of the

Oklahoma Statutes;

9. "Quorum" means a majority of all the members of the

governing body, board, or commission, including vacant positions;

10. "Registered voter" means any person who is a qualified

elector, as defined by the provisions of Section 1 of Article III of

the Oklahoma Constitution, who resides within the limits of a

municipality and who has registered to vote in the precinct of his

residence;

Oklahoma Statutes - Title 11. Cities and Towns Page 25

11. "Resident" means a person whose actual dwelling or primary

residence is located within the corporate limits of the

municipality;

12. "Resolution" means a special or temporary act of a

municipal governing body which is declaratory of the will or opinion

of a municipality in a given matter and is in the nature of a

ministerial or administrative act. A resolution is not a law and

does not prescribe a permanent rule of conduct or government; and

13. "Town" means a municipality which has incorporated as a

town in accordance with the laws of Oklahoma.
Okla. Stat. tit. 11, § 11-49-106.4 — OK Code / Title 11 / Section 11-49-106.4
Trustee-to-trustee transfer - Rules
Status: in_force

A. An individual who has been designated, pursuant to Section

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

the beneficiary of a deceased member and who is not the surviving

spouse of the member, may elect, in accordance with Section

402(c)(11) of the Internal Revenue Code of 1986, as amended, to have

a direct trustee-to-trustee transfer of any portion of such

beneficiary's distribution from the Oklahoma Firefighters Pension

and Retirement System made only to an individual retirement account

or individual retirement 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 of 1986, as amended, and is made in accordance

with the Protecting Americans from Tax Hikes Act of 2015), or,

Oklahoma Statutes - Title 11. Cities and Towns Page 560

effective for distributions after December 31, 2007, to a Roth

individual retirement account or annuity described in Section 408A

of the Internal Revenue Code of 1986, as amended (Roth IRA), that is

established on behalf of such designated individual for the purpose

of receiving the distribution. If such transfer is made then:

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

July 1, 2010, the transfer is treated as an eligible rollover

distribution for purposes of Section 402(c)(11) of the Internal

Revenue Code of 1986, as amended. For plan years beginning after

December 31, 2009, the transfer is treated as an eligible rollover

distribution;

2. The transferee IRA is treated as an inherited individual

retirement account or an inherited individual retirement annuity

(within the meaning of Section 408(d)(3)(C) of the Internal Revenue

Code of 1986, as amended) and must be titled in the name of the

deceased member, for the benefit of the beneficiary; and

3. 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.

B. A trust maintained for the benefit of one or more designated

beneficiaries shall be treated in the same manner as a designated

beneficiary.

C. The Oklahoma Firefighters Pension and Retirement Board shall

promulgate such rules as are necessary to implement the provisions

of this section.
Okla. Stat. tit. 11, § 11-29-104 — OK Code / Title 11 / Section 11-29-104
Tenure of office
Status: in_force

The chief and members of all paid municipal fire departments

shall hold their respective positions unless removed for a good and

sufficient cause as provided by applicable law or ordinance.
Okla. Stat. tit. 11, § 11-36-209 — OK Code / Title 11 / Section 11-36-209
Advertisement and notice for proposals - Filing date
Status: in_force

for suits or actions.

A. The notice of the municipality's advertisement for proposals

shall set forth:

1. The streets, avenues, or other public places to be improved;

2. The kind of improvements proposed;

3. That bonds will be required to be executed by the contractor

as specified in the resolution ordering the improvement;

4. A reference to the plans and specifications;

5. The time and place for filing sealed proposals; and

6. The time and place that the governing body will consider the

proposals.

The notice shall be published in ten (10) consecutive issues of a

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

newspaper, which is of general circulation in the municipality.

B. No action or suit to question the adoption of the resolution

ordering the improvement, or its sufficiency, or the final detailed

estimates of the engineer, shall be commenced later than fifteen

(15) days after the first publication of the notice for proposals.
Okla. Stat. tit. 11, § 11-49-117 — OK Code / Title 11 / Section 11-49-117
Forfeiture of pensions and allowances
Status: in_force

When any person who shall have received any benefits from the

System shall fail to report himself for examination for duty as

required herein, unless excused by the State Board, or shall disobey

the requirements of said State Board under this article, in respect

to said examination or duty, then the State Board shall order that

such pension or allowance as may have been granted to such person

shall immediately cease, and such person shall receive no further

pension or allowance or benefit under this article.
Okla. Stat. tit. 11, § 11-26-202 — OK Code / Title 11 / Section 11-26-202
Trustee of perpetual care fund - Appointment - Duties
Status: in_force

Any municipality which owns a cemetery, or twenty-five of the

lot owners in the cemetery, may petition the district court in the

county where the cemetery is situated for the appointment of a

trustee to be the trustee of the perpetual care fund. The trustee

Oklahoma Statutes - Title 11. Cities and Towns Page 237

of the fund shall receive the perpetual care funds, as provided in

Section 26-201 of this title, and any other funds which may be

donated, deposited or bequeathed to the cemetery or any part

thereof, as a perpetual care fund. The trustee shall invest, manage

and control the fund under the direction of the judge of the

district court.
Okla. Stat. tit. 11, § 11-27-112 — OK Code / Title 11 / Section 11-27-112
Fees, fines and forfeitures - Dispositions
Status: in_force

All of the fees, fines and forfeitures which come into the

municipal court shall be paid by the clerk of the court to the

municipal treasurer. The treasurer shall credit such deposits to

the fund designated by the municipal governing body. The court

clerk shall make a receipt for the fees, fines and forfeitures

collected which shall be retained by the municipality together with

a detailed statement of all costs, the style of the case in which

they were paid, and the name of the defendant. The receipt and

detailed statement retained by the municipality may be saved and

produced in an electronic format.
Okla. Stat. tit. 11, § 11-3-102 — OK Code / Title 11 / Section 11-3-102
Hearing on petition - Order of commissioners calling for
Status: in_force

election on question.

Within thirty (30) days after the petition for incorporation has

been presented, the board of county commissioners shall determine,

either by affidavit or by oral testimony in a hearing on the

petition, whether the requirements for incorporation have been fully

complied with. If the board is satisfied with the petitioners'

compliance, it shall call for an election for the purpose of

submitting to the registered voters of the proposed town the

question of whether or not such territory shall become an

incorporated town. The order of the board calling for the election

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

secretary of the county election board for the purpose of conducting

the election.
Okla. Stat. tit. 11, § 11-38-110 — OK Code / Title 11 / Section 11-38-110
Powers of redevelopment corporations or other private
Status: in_force

persons or corporations.

For the purpose of aiding in the planning, undertaking or

carrying out of an urban renewal project, an urban redevelopment

corporation or any other private person or corporation may, upon

such terms and with or without consideration, as may be determined:

1. Dedicate, sell, convey, or lease any of its interest in any

property or grant easements, licenses or other rights or privileges

therein to an Urban Renewal Authority, or to a municipality or any

other public body or governmental agency or to any private person or

corporation;

Oklahoma Statutes - Title 11. Cities and Towns Page 411

2. Incur the entire expense, or any portion thereof, of any

public improvements necessary to the execution of an urban renewal

plan;

3. Do any and all things necessary to aid or cooperate in the

planning or carrying out of an urban renewal plan;

4. Lend, grant or contribute funds to an Urban Renewal

Authority; or

5. Enter into agreements, including lease-purchase agreements,

(which may extend over any period, notwithstanding any provision or

rule of law to the contrary) with any municipality, public body or

governmental agency including an Urban Renewal Authority, respecting

action to be taken pursuant to any of the powers granted by this

article, including the furnishing of funds, or other assistance in

connection with an urban renewal project.
Okla. Stat. tit. 11, § 11-37-203 — OK Code / Title 11 / Section 11-37-203
Location of public sewers - Dimensions - Regulations
Status: in_force

Public sewers shall be established along the principal courses

of drainage, at such points, to such extent, of such dimensions and

under such regulations as may be determined by the governing body.

These public sewers may be extensions or branches of sewers already

constructed or entirely new throughout as may be deemed expedient by

the municipal governing body.
Okla. Stat. tit. 11, § 11-22-133 — OK Code / Title 11 / Section 11-22-133
Contesting reasonableness of oil and gas drilling fee
Status: in_force

Any person, firm or corporation may contest the reasonableness

of any fee imposed pursuant to the provisions of Section 52 of Title

17 of the Oklahoma Statutes, for the issuance of a permit for the

drilling and operation of an oil and gas well or the regulation

thereof, by filing a petition in the district court of the county

where the governing body of such incorporated city or town is

located. The court, upon hearing all the facts and circumstances

relating to the imposition of the fee, shall determine the

Oklahoma Statutes - Title 11. Cities and Towns Page 188

reasonableness of such fee. The court may award attorneys' fees and

costs to the prevailing party.
Okla. Stat. tit. 11, § 11-22-140.1 — OK Code / Title 11 / Section 11-22-140.1
Definitions
Status: in_force

As used in this act:

1. "Code enforcement director" means an employee of a

municipality who is tasked by the municipal governing body with the

enforcement of state law or local ordinances related to the

condition of real property within the jurisdiction of the

municipality;

Oklahoma Statutes - Title 11. Cities and Towns Page 193

2. "Interested party" means:

a. the person who last appears as owner of the real

property in the county records,

b. the current mortgagee of record of the property or

assignee of record of the mortgagee,

c. the current holder of a beneficial interest in a deed

of trust recorded against the real property,

d. a tax certificate holder, or

e. any party having an interest in the real property, or

in any part thereof, legal or equitable, in severalty

or as tenant in common, whose identity and address are

reasonably ascertainable from the records of the

municipality or records maintained in the county

records or as revealed by a full title search,

consisting of fifty (50) years or more.

An interested party shall not include the holder of the benefit

of an easement which burdens the real property, the holder of the

benefit or burden of a real covenant which burdens the real

property, or the holder of the benefit of a utility easement which

burdens the real property;

3. "Minimum bid price" means the price that equals the

redemption amount;

4. "Municipal code lien" means any lien that has been levied

against real property by a municipality that is the result of the

nonpayment of any fine, penalty, abatement cost, or enforcement cost

incurred by a municipality related to the enforcement of state or

local housing and building codes. Such lien shall include only

those liens which arise out of a failure to comply with any law of

the State of Oklahoma, or from the failure to comply with a

municipality's ordinances or resolutions.

A municipal code lien shall not include any lien that has

previously been certified to the tax collector of the county for

inclusion on the property tax bill associated with the real

property;

5. "Municipal code lien payoff" means the principal amount of a

municipal code lien, interest accrued at the rate of seven and one-

half percent (7.5%) per annum from the date the municipal code lien

was filed in the office of the county clerk, any fees or costs

incurred in the collection of such a lien under this act including,

without limitations, the cost of title examinations and publication

of notices, and any other penalties allowable under either the laws

of the State of Oklahoma or under an ordinance or resolution enacted

by the municipality;

6. "Owner-occupied" means real property that is lawfully

occupied as a principal residence that is any of the following:

a. a homestead as described in Section 2888 of Title 68

of the Oklahoma Statutes,

Oklahoma Statutes - Title 11. Cities and Towns Page 194

b. exempt from ad valorem taxation under Sections 2904

through 2911 of Title 68 of the Oklahoma Statutes, and

c. eligible for the designations listed in subparagraph a

or b or this paragraph, but which has not yet been

granted such designation and which is lawfully

occupied by the family of a deceased individual;

7. "Redemption amount" means the sum of:

a. the full amount of the municipal code lien payoff for

each municipal code lien on which the municipality is

seeking to foreclose under this act, and

b. any tax payoff that may be applicable to the property

on which the municipality is seeking to foreclose

under this act;

8. "Taxes" means those taxes assessed against real property by

either the State of Oklahoma, the county in which the real property

is situated, or the municipality that are delinquent as of the date

a proceeding under this act is commenced or at any time before final

resolution of the same, and shall also include any taxes assessed

against real property that are unpaid from any previous year and any

amounts required for redemption. As provided in Section 3103 of

Title 68 of the Oklahoma Statutes, a lien for taxes shall be

superior to all other liens, including municipal code liens;

9. "Tax certificate holder" means any of the following:

a. a tax sale purchaser who holds a certificate of

purchase,

b. the state, where it has accepted and recorded a

certificate of purchase obtained at a tax sale,

c. any party to which a certificate of purchase obtained

at a tax sale has been assigned, or

d. the purchaser or assignee of a tax lien certificate;

and

10. "Tax payoff" means all amounts necessary to satisfy any

claims for delinquent taxes assessed against the real property on

which the municipality is seeking foreclosure under this act. Those

amounts shall include:

a. if the taxes associated with the property are

delinquent, but the property has not yet been sold for

taxes, the full amount of delinquent taxes, costs,

fees, and charges due to the county tax collector,

b. if the property has been sold for taxes to either the

state or to a party other than the state, those

amounts required for redemption, except for when a

municipality is the prevailing bidder, the tax payoff

amount shall be the lesser of these amounts, and

c. if a tax lien has been sold by a county, the amount

required for redemption.
Okla. Stat. tit. 11, § 11-50-114 — OK Code / Title 11 / Section 11-50-114
Service pension to members of System - Amount -
Status: in_force

Eligibility - Delay of distribution - Death of member - Review of

requests - Disability benefits in lieu of pensions - Health

insurance payments.

A. The State Board is hereby authorized to pay out of funds in

the System a monthly service pension to any member eligible as

hereinafter provided, not exceeding in any event the amount of money

in such funds and not exceeding in any event the accrued retirement

benefit for such member, except as provided for herein. In order

for a member to be eligible for such service pension the following

requirements must be complied with:

1. The member's service with the police department for any

participating municipality must have ceased; however, a member may

be subsequently reemployed in the position of police chief pursuant

to subsection C of Section 50-112 of this title;

2. The member must have reached the member's normal retirement

date; and

3. The member must have complied with any agreement as to

contributions by the member and other members to any funds of the

System where said agreement has been made as provided by this

article; provided, that should a retired member receive disability

benefits as provided in this and other sections of this article, the

time the retired member is receiving disability benefits shall count

as time on active service if the retired member should be recalled

by the Chief of Police from disability retirement. It shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 643

necessary before such time shall be counted toward retirement that

the retired member make the same contribution as the member would

have otherwise made if on active service for the time the retired

member was disabled.

B. Any member complying with all requirements of this article,

who reaches normal retirement date, upon application, shall be

retired at the accrued retirement benefit. When a member has served

for the necessary number of years and is otherwise eligible, as

provided in this article, if such member is discharged without cause

by the participating municipality, the member shall be eligible for

a pension.

C. Effective July 1, 1989, in no event shall commencement of

distribution of the accrued retirement benefit of a member be

delayed beyond April 1 of the calendar year following the later of:

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

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

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

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

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

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

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

effective for distributions required to be made after December 31,

2022, the calendar year in which the member reaches seventy-threeDeath of member - Review of requests - Disability benefits in lieu of pensions - Health insuranceve 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.

For distributions made for calendar years beginning on or after

January 1, 2001, through December 31, 2004, the System shall apply

the minimum distribution requirements and incidental benefit

requirements of Section 401(a)(9) of the Internal Revenue Code of

1986, as amended, in accordance with the regulations under Section

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

were proposed on January 17, 2001, notwithstanding any provision of

the System to the contrary. For distributions made for calendar

years beginning on or after January 1, 2005, the System shall apply

the minimum distribution incidental benefit requirements, incidental

benefit requirements, and minimum distribution requirements of

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

in accordance with the final regulations under Section 401(a)(9) of

the Internal Revenue Code of 1986, as amended, including Treasury

Regulations Sections 1.401(a)(9)-1 through 1.401(a)(9)-9; provided,

however, that for distributions required to be made after December

31, 2019, for individuals who attain seventy and one-half (70 1/2)

years of age after December 31, 2019, but before January 1, 2023,

such distributions shall take into account that age 70 1/2 was

Oklahoma Statutes - Title 11. Cities and Towns Page 644

stricken and age 72 was inserted in Section 401(a)(9)(B)(iv)(I),

Section 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the

Internal Revenue Code of 1986, as amended, and, provided further,

that for individuals who attain seventy-two (72) years of age after

December 31, 2022, such distributions shall take into account that

"age 72" was stricken and "the applicable age", as defined in

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

amended, was inserted in Section 401(a)(9)(B)(iv)(I) of the Internal

Revenue Code of 1986, as amended (applicable to calendar year 2023),

Section 401(a)(9)(C)(i)(I) and Section 401(a)(9)(C)(ii)(I) of the

Internal Revenue Code of 1986, as amended, and that further revision

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

amended, effective for calendar years after 2023 with respect to

certain distributions shall be taken into account in all cases

notwithstanding any provision of the System to the contrary.

Effective January 1, 2009, with respect to the Oklahoma Police

Deferred Option Plan, to the extent applicable, no minimum

distribution is required for 2009 in accordance with Section

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

Effective September 8, 2009, notwithstanding anything to the

contrary of the System, the System, which is a governmental plan

(within the meaning of Section 414(d) of the Internal Revenue Code

of 1986, as amended) is treated as having complied with Section

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

years to which Section 401(a)(9) of the Internal Revenue Code of

1986, as amended, applies to the System if the System complies with

a reasonable and good-faith interpretation of Section 401(a)(9) of

the Internal Revenue Code of 1986, as amended.

D. In the event of the death of any member who has been awarded

a retirement benefit or is eligible therefor as provided in this

section, such member's beneficiaries shall be paid such retirement

benefit. The remaining portion of the member's retirement benefit

shall be distributed to the beneficiaries at least as rapidly as

under the method of distribution to the member. Effective March 1,

1997, if a member to whom a retirement benefit has been awarded or

who is eligible therefor dies prior to the date as of which the

total amount of retirement benefit paid equals the total amount of

the employee contributions paid by or on behalf of the member and

the member does not have a surviving beneficiary under paragraph 13

of Section 50-101 of this title, the total benefits paid as of the

date of the member's death shall be subtracted from the accumulated

employee contribution amount and the balance, if greater than zero

(0), shall be paid to the member's estate.

E. The State Board may review and affirm a member's request for

retirement benefits prior to the member's normal retirement date

provided that no retirement benefits are paid prior to the normal

retirement date.

Oklahoma Statutes - Title 11. Cities and Towns Page 645

F. A member retired under the provisions of this article may

apply to the State Board to have the member's retirement benefits

set aside and may make application for disability benefits. Upon

approval of the disability benefits, the member would become subject

to all provisions of this article pertaining to disability

retirement.

G. Upon the death of a retired member, the benefit payment for

the month in which the retired member died, if not previously paid,

shall be made to the beneficiary of the member, which shall include

a successor in interest for whom an affidavit is provided to the

System in accordance with Section 393 of Title 58 of the Oklahoma

Statutes, or if there is no surviving beneficiary under paragraph 13

of Section 50-101 of this title, to the member's estate or, if

properly designated by the member, a trust. Upon the death of a

beneficiary, the benefit payment for the month in which the

beneficiary died, if not previously paid, shall be made to the

beneficiary's estate or, if properly designated by the beneficiary,

to a trust. Such benefit payment shall be made in an amount equal

to a full monthly benefit payment regardless of the day of the month

in which the retired member or beneficiary died.

H. If the requirements of Section 50-114.4 of this title are

satisfied, a member who, by reason of attainment of normal

retirement date or age, is separated from service as a public safety

officer with the member's participating municipality, may elect to

have payment made directly to the provider for qualified health

insurance premiums by deduction from his or her monthly pension

payment, after December 31, 2006, in accordance with Section 402(l)

of the Internal Revenue Code of 1986, as amended. For distributions

made after December 29, 2022, the election provided for under

Section 402(l) of the Internal Revenue Code of 1986, as amended, may

be made whether payment of the premiums is made directly to the

provider of the accident or health plan or qualified long-term care

insurance contract by deduction from a distribution from the System

or is made to the member.
Okla. Stat. tit. 11, § 11-17-109 — OK Code / Title 11 / Section 11-17-109
Capital improvement fund - Authority to create
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 114

The municipal governing body may create a capital improvement

fund and place in the fund any money available to the municipality.

Money in the fund may be accumulated from year to year. The fund

shall be nonfiscal and shall not be considered in computing any levy

when the municipality makes its estimate to the excise board for

needed appropriations. Money in the capital improvement fund may be

expended for any capital improvement.
Okla. Stat. tit. 11, § 11-14-104 — OK Code / Title 11 / Section 11-14-104
Style of ordinances - Title and subject - Enacting
Status: in_force

clause

An ordinance may contain only one subject and the subject shall

be expressed in its title. The enacting clause of all ordinances

passed by a municipal governing body shall be: 1. "Be it

ordained by the Council of the City of _______", for city

ordinances; or 2. "Be it ordained by the Board of Trustees of

the Town of _______", for town ordinances. The enacting clause of

ordinances proposed by the voters under their powerof initiative

shall be "Be it ordained by the People of the _______ (City of Town)

of _______".
Okla. Stat. tit. 11, § 11-36-407 — OK Code / Title 11 / Section 11-36-407
Additional improvements on widened streets - Surface
Status: in_force

waters, etc. - Assessment.

The governing body may grade, pave, macadamize, chat, gravel,

and install necessary manholes, catch basins, inlets, drainage pipe

and sewers with necessary connections therefor, for the purpose of

adequately disposing of the surface water falling upon any street,

alley, boulevard, park or public square which is being improved

pursuant to this subarticle. In proceeding with such work of

improvement, the governing body may contract therefor, levy and

collect special assessments, and provide for the issuance and

payment of bonds, or tax bills, to pay for the improvements, in

accordance with the provisions of existing law or charter. The area

benefited by reason of the construction of the improvements shall be

those lots, pieces and parcels of land abutting and adjacent to the

improvement, as described in the written statement of the engineer

as benefiting by reason of acquiring, opening, extending, widening

or straightening the street, alley, boulevard, avenue, park or

public square, and as confirmed by the governing body. Protests and

assessments shall be made in the manner provided in Sections 36-403

through 36-406 of this title.
Okla. Stat. tit. 11, § 11-16-302 — OK Code / Title 11 / Section 11-16-302
Municipalities required to hold town meetings -
Status: repealed

Election - Ordinance providing alternative procedure - Repeal of

ordinance.

A. Except as otherwise provided in this act, Section 16-301 et

seq. of this title, all municipalities with fewer than two thousand

(2,000) residents, according to the latest Federal Decennial Census,

that are not governed by charter, shall elect officers and consider

questions raised by initiative or referendum, pursuant to Section

15-101 et seq. of this title, at biennial town meetings or special

town meetings of the voters of each municipality as provided in this

act. Provided, that a municipality of fewer than two thousand

(2,000) residents may at any time adopt an ordinance requiring that

its officers shall be elected and initiative and referendum

questions shall be decided only through elections conducted by the

county election board pursuant to Section 16-101 et seq. of this

title. Any municipality that passes an ordinance pursuant to this

section shall upon adoption of the ordinance provide a copy of the

ordinance to the county election board of the county in which the

municipality is located.

B. If the ordinance is repealed, elections of the municipality

shall be at a town meeting. The municipality shall provide a copy

of the repealer to the county election board of the county in which

the municipality is located. If a municipality with fewer than two

thousand (2,000) residents fails to hold its regular municipal

elections as required by law, the municipality shall be subject to

the provisions of the Oklahoma Town Meeting Act, Section 16-301 et

seq. of this title; provided, further, that such municipality may

adopt a resolution requiring that its elections be conducted by the

county election board as provided in this section.
Okla. Stat. tit. 11, § 11-50-101 — OK Code / Title 11 / Section 11-50-101
Definitions
Status: in_force

As used in this article:

1. “System” means the Oklahoma Police Pension and Retirement

System and all predecessor municipal police pension and retirement

systems;

2. “Article” means Article 50 of this title;

3. “State Board” means the Oklahoma Police Pension and

Retirement Board;

4. “Fund” means the Oklahoma Police Pension and Retirement

Fund;

5. “Officer” means any duly appointed and sworn full-time

officer of the regular police department of a municipality whose

duties are to preserve the public peace, protect life and property,

prevent crime, serve warrants, enforce all laws and municipal

ordinances of this state, and any political subdivision thereof, and

who is authorized to bear arms in the execution of such duties;

6. “Member” means all eligible officers of a participating

municipality and any person hired by a participating municipality

who is undergoing police training to become a permanent police

officer of the municipality. Effective July 1, 1987, a member does

not include a “leased employee” as defined under Section 414(n)(2)

of the Internal Revenue Code of 1986, as amended. Effective July 1,

1999, any individual who agrees with the participating municipality

that the individual’s services are to be performed as a leased

employee or an independent contractor shall not be a member

regardless of any classification as a common law employee by the

Internal Revenue Service or any other governmental agency, or any

court of competent jurisdiction. A member shall include eligible

commissioned officers of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control, the Oklahoma State Bureau of Investigation,

and the Alcoholic Beverage Laws Enforcement Commission who elect to

Oklahoma Statutes - Title 11. Cities and Towns Page 607

participate in the System pursuant to Section 50-111.5 of this

title;

7. “Normal retirement date” means the date at which the member

is eligible to receive the unreduced payments of the member’s

accrued retirement benefit. Such date shall be the first day of the

month coinciding with or following the date the member completes

twenty (20) years of credited service. If the member’s employment

continues past the normal retirement date of the member, the actual

retirement date of the member shall be the first day of the month

after the member terminates employment with more than twenty (20)

years of credited service;

8. “Credited service” means the period of service used to

determine the eligibility for and the amount of benefits payable to

a member. Credited service shall consist of the period during which

the member participated in the System or the predecessor municipal

systems as an active employee in an eligible membership

classification, plus any service prior to the establishment of the

predecessor municipal systems which was credited under the

predecessor municipal systems or credited service granted by the

State Board;

9. “Participating municipality” means a municipality which is

making contributions to the System on behalf of its officers. The

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Oklahoma State Bureau of Investigation, and the Alcoholic Beverage

Laws Enforcement Commission shall be treated in the same manner as a

participating municipality only regarding those members who elect to

participate in the System pursuant to Section 50-111.5 of this

title;

10. “Permanent total disability” means incapacity due to

accidental injury or occupational disease to earn any wages in the

employment for which the member is physically suited and reasonably

fitted through education, training or experience. Further, the

member must be declared one hundred percent (100%) impaired as

defined by the American Medical Association Guides to the Evaluation

of Permanent Impairment on the basis of a physical medical

examination by a physician licensed to practice medicine in this

state, as selected by the State Board;

11. “Permanent partial disability” means permanent disability

which is less than permanent total disability as defined in this

section. The member must be declared no greater than ninety-nine

percent (99%) impaired as defined by the American Medical

Association Guides to the Evaluation of Permanent Impairment on the

basis of a physical medical examination by a physician licensed to

practice medicine in this state, as selected by the State Board;

12. “Permanent in-line disability” means when a police officer

serving in any capacity at a regular police department of a

participating municipality becomes so physically or mentally

Oklahoma Statutes - Title 11. Cities and Towns Page 608

disabled, as determined by an independent medical examiner,

psychiatrist, or psychologist selected by the State Board, while in,

and in consequence of, the performance of authorizing activities

while on duty as an officer that he or she is unable to perform the

required duties of a police officer;

13. “Beneficiary” means a member’s surviving spouse or any

surviving children, including biological and adopted children, at

the time of the member’s death. The surviving spouse must have been

married to the member for the thirty (30) continuous months

immediately preceding the member’s death, provided a 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

survivor benefits. A surviving child of a member shall be a

beneficiary until reaching eighteen (18) years of age or twenty-two

(22) years of age if the child is enrolled full-time and regularly

attending a public or private school or any institution of higher

education. Any child adopted by a member after the member’s

retirement shall be a beneficiary only if the child is adopted by

the member for the thirty (30) continuous months preceding the

member’s death. Any child who is adopted by a member after the

member’s retirement and such member dies accidentally or as a

consequence of the performance of the member’s duty as a police

officer shall not be subject to the thirty-month adoption

requirement. This definition of beneficiary shall be in addition to

any other requirement set forth in this article;

14. “Executive Director” means the managing officer of the

System employed by the State Board;

15. “Eligible employer” means any municipality with a municipal

police department;

16. “Entry date” means the date as of which an eligible

employer joins the System. The first entry date pursuant to this

article shall be January 1, 1981;

17. “Final average salary” means the average paid base salary

of the member for normally scheduled hours over the highest salaried

thirty (30) consecutive months of the last sixty (60) months of

credited service. Effective July 1, 2016, the following shall apply

in computing final average salary:

a. only paid base salary on which required contributions

have been made shall be used in computing a member’s

final average salary,

b. for purposes of determining the normal disability

benefit only, final average salary shall be based on

the member’s total service if less than thirty (30)

months,

c. in addition to other applicable limitations, and

notwithstanding any other provision to the contrary,

Oklahoma Statutes - Title 11. Cities and Towns Page 609

for plan years beginning on or after July 1, 2002, the

annual compensation of each noneligible member taken

into account under the System shall not exceed the

Economic Growth and Tax Relief Reconciliation Act of

2001 (EGTRRA) annual compensation limit. The EGTRRA

annual compensation limit is Two Hundred Thousand

Dollars ($200,000.00), as adjusted by the Commissioner

for increases in the cost of living in accordance with

Section 401(a)(17)(B) of the Internal Revenue Code of

1986, as amended. The annual compensation limit in

effect for a calendar year applies to any period, not

exceeding twelve (12) months, over which compensation

is determined (“determination period”) beginning in

such calendar year. If a determination period

consists of fewer than twelve (12) months, the EGTRRA

annual compensation limit will be multiplied by a

fraction, the numerator of which is the number of

months in the determination period, and the

denominator of which is twelve (12). For purposes of

this section, a noneligible member is any member who

first became a member during a plan year commencing on

or after July 1, 1996,

d. for plan years beginning on or after July 1, 2002, any

reference in the System to the annual compensation

limit under Section 401(a)(17) of the Internal Revenue

Code of 1986, as amended, shall mean the EGTRRA annual

compensation limit set forth in this provision, and

e. effective January 1, 2008, back pay, within the

meaning of Section 1.415(c)-2(g)(8) of the Income Tax

Regulations, shall be treated as paid base salary for

the limitation year to which the back pay relates to

the extent the back pay represents wages and

compensation that would otherwise be included in this

definition;

18. “Accrued retirement benefit” means, for benefits computed

prior to the effective date of this act, two and one-half percent (2

1/2%) of the member’s final average salary multiplied by the

member’s years of credited service not to exceed thirty (30) years.

For a member who retires on or after the effective date of this

act, accrued retirement benefit shall mean:

a. for members who retire and terminate employment at

least one (1) year after the effective date of this

act, and have at least twenty-five (25) years of

credited service, three percent (3%) of the member’s

final average salary multiplied by the member’s years

of credited service, not to exceed thirty (30) years,

Oklahoma Statutes - Title 11. Cities and Towns Page 610

b. for members who retire and terminate employment at

least two (2) years after the effective date of this

act, and have at least twenty (20) years of credited

service, three percent (3%) of the member’s final

average salary multiplied by the member’s years of

credited service, not to exceed thirty (30) years,

c. for members who retire and terminate employment at

least five (5) years after the effective date of this

act, three percent (3%) of the member’s final average

salary multiplied by the member’s years of credited

service, not to exceed thirty (30) years, and

d. for members who retire and terminate employment on or

after the effective date of this act, but do not have

the minimum years of credited service to qualify for

the benefit outlined in subparagraphs a and b of this

paragraph, or retire and terminate employment prior to

the date outlined in subparagraph c of this paragraph,

two and one-half percent (2 1/2%) of the member’s

final average salary multiplied by the member’s years

of credited service, not to exceed thirty (30) years;

19. “Normal disability benefit” means:

a. for benefits computed prior to the effective date of

this act, the greater of:

(1) two and one-half percent (2 1/2%) of the member’s

final average salary multiplied by twenty (20)

years, notwithstanding the years of actual

credited service, or

(2) two and one-half percent (2 1/2%) of the member’s

final average salary multiplied by the years of

credited service of the member, not to exceed

thirty (30) years, if the officer has more than

twenty (20) years of credited service,

b. for benefits computed on or after the effective date

of this act, the greater of:

(1) three percent (3%) of the member’s final average

salary multiplied by twenty (20) years,

notwithstanding the years of actual credited

service, or

(2) three percent (3%) of the member’s final average

salary multiplied by the years of credited

service of the member, not to exceed thirty (30)

years, if the officer has more than twenty (20)

years of credited service;

20. “Limitation year” means the year used in applying the

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

amended, which year shall be the calendar year;

Oklahoma Statutes - Title 11. Cities and Towns Page 611

21. “Paid base salary” means, effective July 1, 2016, any

compensation described in subparagraph a of this paragraph that is

not described in subparagraph b of this paragraph.

a. Paid base salary shall include only:

(1) normal compensation paid on a regularly scheduled

pay period including, but not limited to, regular

pay for holidays, paid time off, vacation or

annual leave, sick leave or compensatory time in

lieu of overtime, any lump sum payment paid in

lieu of a normal wage increase, provided such

lump sum payment is retroactively applied over

the prior twelve-month period ending with the

payment date, compensation for bomb squad pay,

education pay, incentive pay, K-9 pay,

negotiation pay, shift differential, sniper pay,

SWAT team pay, emergency response team pay, any

other special unit pay, and any incremental

increase in compensation which is not included by

the employer in a member’s regular base pay for

salary increase purposes but is paid by the

employer to the member for group health benefits

based on an arrangement with a participating

municipality that was in place on December 31,

2015, so long as the arrangement continues

uninterrupted for a member employed by a

participating municipality on June 30, 2016, who

has not since terminated employment and been

rehired by such participating municipality,

(2) any amount of elective salary reduction under

Section 125 of the Internal Revenue Code of 1986,

as amended, that would have been treated as paid

base salary but for the salary deferral reduction

agreement,

(3) any amount of elective salary reduction not

includable in the gross income of the member

under Section 132(f)(4) of the Internal Revenue

Code of 1986, as amended, that would have been

treated as paid base salary but for the salary

deferral reduction agreement,

(4) any amount of elective salary reduction under

Section 457 of the Internal Revenue Code of 1986,

as amended, that would have been treated as paid

base salary but for the salary deferral reduction

agreement,

(5) any amount of elective salary reduction under

Section 401(k) of the Internal Revenue Code of

1986, as amended, that would have been treated as

Oklahoma Statutes - Title 11. Cities and Towns Page 612

paid base salary but for the salary deferral

reduction agreement,

(6) any amount of nonelective salary reduction under

Section 414(h) of the Internal Revenue Code of

1986, as amended,

(7) educational allowances paid to obtain training

certification or pursue an advanced degree,

(8) longevity payments made to members based upon a

standardized plan which recognizes length of

service to the participating municipality,

(9) paid base salary shall also include base salary,

as described in divisions (1) through (8) of this

subparagraph, for services, but paid by the later

of two and one-half (2 1/2) months after a

member’s severance from employment or the end of

the calendar year that includes the date the

member terminated employment, if it is a payment

that, absent a severance from employment, would

have been paid to the member while the member

continued in employment with the participating

municipality,

(10) any payments not described in divisions (1)

through (9) of this subparagraph shall not be

considered paid base salary if paid after

severance from employment, even if they are paid

by the later of two and one-half (2 1/2) months

after the date of severance from employment or

the end of the calendar year that includes the

date of severance from employment, except

payments to an individual who does not currently

perform services for the participating

municipality by reason of qualified military

service within the meaning of Section 414(u)(5)

of the Internal Revenue Code of 1986, as amended,

to the extent these payments do not exceed the

amounts the individual would have received if the

individual had continued to perform services for

the participating municipality rather than

entering qualified military service,

(11) back pay, within the meaning of Section 1.415(c)-

2(g)(8) of the Income Tax Regulations, shall be

treated as paid base salary for the limitation

year to which the back pay relates to the extent

the back pay represents wages and compensation

that would otherwise be included in this

definition, and

Oklahoma Statutes - Title 11. Cities and Towns Page 613

(12) paid base salary shall also include differential

wage payments under Section 414(u)(12) of the

Internal Revenue Code of 1986, as amended.

b. Notwithstanding anything to the contrary in this

section, paid base salary shall not include any:

(1) fringe benefits, reimbursements, or increases in

compensation due to reimbursements to the extent

not specifically included above in subparagraph a

of this paragraph,

(2) incremental increase in compensation which is not

included by the employer in a member’s regular

base pay for salary increase purposes but is paid

by the employer to the member for group health

benefits not otherwise included above in division

(1) of subparagraph a of this paragraph,

(3) insurance benefits, including any reimbursements

thereof, or insurance proceeds of any type not

otherwise included above in division (1) of

subparagraph a of this paragraph,

(4) bonuses, including signing bonuses, lump-sum

payments or stipends made to the member not

otherwise included above in division (1) of

subparagraph a of this paragraph,

(5) overtime compensation,

(6) payments whether prior to or upon termination of

employment for accumulated unused vacation or

unused annual leave, accumulated unused sick

leave, or accumulated unused paid time off or

other unused leave,

(7) payments made in error to a member,

(8) payments made by the participating municipality

for services rendered by the member, which

services are not part of the member’s job duties

and responsibilities of his or her job position

with the participating municipality,

(9) severance pay,

(10) unemployment payments, and

(11) uniform and equipment allowances; and

22. “Actuarial equivalent” means equality in value of the

aggregate amounts expected to be received based on interest rate and

mortality assumptions set by the State Board, in a manner that

precludes employer discretion, and based upon recommendations from

independent professional advisors, and which shall be published

annually in the actuarial report.
Okla. Stat. tit. 11, § 11-22-126 — OK Code / Title 11 / Section 11-22-126
Participation in federal programs
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 184

The municipal governing body may receive funds for and

participate in any federal program, and may cooperate with the

United States Government and any agency or instrumentality thereof,

in the manner authorized and provided by federal law and regulation.

In doing so, a municipality may perform all necessary functions and

take all necessary actions for accomplishing such federal purposes

and programs, as agent of the federal government, notwithstanding

any provisions of state law.
Okla. Stat. tit. 11, § 11-28-112 — OK Code / Title 11 / Section 11-28-112
Determination of need for public defense - Appeals
Status: in_force

The judges of the municipal criminal court of record shall hold

such hearing as they deem necessary to determine if an individual is

an indigent and entitled to representation at public expense. If an

indigent represented by the municipal public defender or legal aid

society seriously believes that he has just cause for an appeal, the

attorney for said indigent shall specify those portions of the

record essential for said appeal and the judge of the court may

order a transcript prepared for such appeal at public expense.
Okla. Stat. tit. 11, § 11-3-107 — OK Code / Title 11 / Section 11-3-107
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

Oklahoma Statutes - Title 11. Cities and Towns Page 32

16-206 of this title, and until their successors are elected and

qualified.
Okla. Stat. tit. 11, § 11-30-109 — OK Code / Title 11 / Section 11-30-109
Annual report of board of control
Status: in_force

The board of control shall make, on or before the thirty-first

day of July in each year, an annual report to the municipal

governing body stating:

1. The condition of its trust on the thirtieth day of June of

that year;

2. The various sums of money and property received, and how

such moneys have been expended and for what purposes;

3. The financial condition of the hospital;

4. The budget for the hospital for the next fiscal year;

5. The number of its physicians, attendants, nurses and

employees; and

6. Such other information and suggestions as it may deem of

general interest.
Okla. Stat. tit. 11, § 11-27-115 — OK Code / Title 11 / Section 11-27-115
Prosecutions by verified complaint - Style
Status: in_force

All prosecutions commenced in the municipal court shall be by

complaint which shall be subscribed by the person making the

complaint and shall be verified before a judge, the court clerk, a

deputy court clerk, or a police officer. No warrant for arrest

shall be issued until the complaint has been approved by the judge

of the municipal court. All prosecutions for the violation of

municipal ordinances shall be styled, "The ________ (City or Town)

of ________________ (name the municipality) vs. ________________

(naming the person or persons charged)".
Okla. Stat. tit. 11, § 11-22-131 — OK Code / Title 11 / Section 11-22-131
Municipal records - Destruction, sale or disposition
Status: in_force

after certain time limitations.

A. A municipal governing body may destroy, sell for salvage or

otherwise dispose of the following papers, documents and records

after the expiration of the specified period of time following the

end of the fiscal year in which the paper, document or record was

created, except as otherwise specified:

1. One (1) year: parking citations may be destroyed or

otherwise permanently disposed of one (1) year after the date of

issuances;

2. Two (2) years: municipal court warrants, water, sewer,

garbage and utility receipts and statements, which have been

previously audited; inspection records relating to water meters and

Oklahoma Statutes - Title 11. Cities and Towns Page 186

sewer inspections; miscellaneous petitions and letters addressed to

the governing body on matters other than pertaining to the items

hereinafter set forth; utility billing ledger or register; utility

cash receipts ledger or register; and utility accounts receivable

ledger or register. Fire run contracts may be destroyed or

otherwise disposed of two (2) years after their expiration;

3. Five (5) years: successful and unsuccessful bids for the

purchase or furnishing of equipment, material and improvements;

inspection records except as provided for in paragraph 2 of this

section; claims that have been denied; license applications; bonds;

special, primary and general election payrolls; election tabulations

and returns; withholding statements; garnishment records; traffic

tickets and receipts; bond receipts and fine receipts; information

and complaints; court dockets; paid general obligation and revenue

bonds; paid street improvement, sewer and sidewalk district bonds;

warrants; claims; checks; vouchers; purchase orders; payrolls;

4. Ten (10) years: inventories; appropriation ledgers;

sidewalk assessment records, except payment records; cash receipt

book or register for the general fund, the street and alley fund,

any bond fund or sinking fund and all other trust funds that have

been audited; and

5. Fifteen (15) years: sewer and improvement district records,

except payment records.

None of the above-mentioned records, papers or documents

pertaining to pending litigation shall be disposed of until such

litigation is finally terminated. This section shall not be

construed to authorize or allow the destruction of any testing

laboratory results or the inspection records of public improvements

of a municipality.

B. Time limits for the destruction, sale, or other disposition

of municipal papers, documents and records which are not mentioned

in subsection A of this section may be determined and set by

ordinance or resolution of the municipal governing body.
Okla. Stat. tit. 11, § 11-34-109 — OK Code / Title 11 / Section 11-34-109
Retired municipal officers — Retention of firearm and
Status: in_force

badge.

A. A municipal police officer who retires under the Oklahoma

Police Pension and Retirement System pursuant to Sections 50-101

through 50-136.8 of Title 11 of the Oklahoma Statutes may request to

retain custody and possession of his or her municipal-issued firearm

and badge. The retiring officer shall request in writing to the

head of the municipal law enforcement agency of the municipality in

which the officer is retiring for permission to retain custody and

possession of his or her municipal-issued firearm and badge. The

agency head may grant the request except in the following cases:

1. The officer is not in good standing with the municipal law

enforcement agency from which he or she is retiring;

2. The officer has been convicted of a felony;

3. The officer is mentally incapacitated and could not perform

duties if recalled; or

4. When good cause is shown that granting approval of the

request would be detrimental to public health, safety, and welfare.

B. Upon the death of a municipal police officer prior to

retirement, custody and possession of the firearm and badge may be

awarded by the head of the municipal law enforcement agency to a

spouse or next of kin of the deceased officer in accordance with the

agency’s policy.
Okla. Stat. tit. 11, § 11-10-111 — OK Code / Title 11 / Section 11-10-111
Compensation of elective officers
Status: in_force

The compensation of all elective city officers shall be fixed by

ordinance.
Okla. Stat. tit. 11, § 11-22-136 — OK Code / Title 11 / Section 11-22-136
Intangible property held for owner or apparent owner by
Status: in_force

municipality or municipal public trust - Abandonment - Notice -

Definitions.

A. Except as provided by other provisions of Title 11 of the

Oklahoma Statutes governing disposition of certain specific types of

intangible property, any intangible property held for the owner or

apparent owner by a municipality or a municipal public trust that

remains unclaimed by the owner or apparent owner for one (1) year or

more after becoming payable or distributable is presumed abandoned

and shall be disposed of as provided by subsection B of this

section.

B. Intangible property presumed abandoned pursuant to the

provisions of subsection A of this section shall be disposed of by

the municipality or municipal public trust as follows:

1. a. The municipality or municipal public trust shall mail

written notice to the owner or apparent owner at his

or her last-known address stating that the intangible

property shall be paid over to the municipality or

municipal public trust unless the owner or apparent

owner files a claim therefor with the clerk of the

municipality or with the secretary of the municipal

public trust, as applicable, within two (2) years of

the date of the notice.

Oklahoma Statutes - Title 11. Cities and Towns Page 190

b. If the address of the owner or apparent owner is

unknown, or the mailed notice required by subparagraph

a of this paragraph is returned as undeliverable, the

municipality or municipal public trust shall publish

such notice two (2) times in a newspaper of general

circulation within the county where the principal

offices of the municipality or municipal public trust

are located; and

2. If the intangible property is not claimed by the owner or

apparent owner within two (2) years of the latest date of the mailed

or published notice, as provided in paragraph 1 of this subsection,

then the claim of such owner or apparent owner shall be extinguished

and the property shall be disposed of as may be determined and

directed by the municipal governing body or by the trustees of the

public trust, as applicable.

C. As used in this section:

1. “Apparent owner” means the person whose name appears on the

records of the municipality or municipal public trust as the person

entitled to intangible property held, issued, or owning by the

municipality or municipal public trust;

2. “Intangible property” means money, warrants, checks, drafts,

deposits, interest, dividends, income, credit balances, customer

overpayments, security deposits, refunds, credit memos, unpaid

wages, unused airline tickets, unidentified remittances and other

similar personal property;

3. “Last-known address” means a description of the location of

the owner or apparent owner sufficient for the purpose of the

delivery of mail;

4. “Municipal public trust” means any public trust of which one

or more municipalities are the sole beneficiary or beneficiaries;

and

5. “Owner” means a depositor in the case of a deposit, a

beneficiary in case of a trust other than a deposit in trust, a

creditor, claimant, or payee in the case of other intangible

property, or a person having a legal or equitable interest in

property subject to this act, or his or her legal representative.

When used in this section, the term “owner” shall encompass both a

single owner or multiple owners.
Okla. Stat. tit. 11, § 11-10-118 — OK Code / Title 11 / Section 11-10-118
City treasurer - Creation and duties - Compensation
Status: in_force

The city treasurer shall be an officer of the city, appointed by

the council for an indefinite term. The council may provide by

ordinance that the same person may hold both the office of city

clerk and the office of city treasurer. Subject to such regulations

as the council may prescribe, the city treasurer shall deposit daily

funds received for the city in depositories as the council may

designate. The city treasurer shall have such other powers, duties,

and functions related to his statutory duties as may be prescribed

by law or by ordinance. The person who serves as city treasurer may

be employed by the city to perform duties not related to his

position as city treasurer. The salary, if any, for said duties

shall be provided for separately by ordinance.
Okla. Stat. tit. 11, § 11-41-108 — OK Code / Title 11 / Section 11-41-108
Plat record specifications
Status: in_force

Any plat submitted for recording shall have the following

specifications:

1. The dimensions of the plat shall be twenty-four (24) by

thirty-six (36) inches or shall be a size that can be properly and

conveniently folded to these dimensions and shall be drawn to a

minimum scale of one hundred (100) feet to the inch; except that

plats in which all lots contain a net area in excess of forty

thousand (40,000) square feet, the plat may be drawn to a scale of

two hundred (200) feet to the inch;

Oklahoma Statutes - Title 11. Cities and Towns Page 456

2. The drawing surface of the plat shall have a binding margin

of two (2) inches at the left side of the plat, a margin of not less

than one (1) inch at the right side, and a margin of not less than

one and one-half (1 1/2) inches at the top and bottom;

3. The original tracing of each plat and two prints thereof and

a reduced copy in the dimensions of eight and one-half (8 1/2)

inches by eleven (11) inches shall be presented for recording;

4. The original plat shall be an original drawing made with

india ink on a good grade linen tracing cloth, or with a suitable

black acetate base ink on a stable polyester base film coated upon

completion with a suitable plastic material to prevent flaking and

to assure permanent legibility, or a print on a stable polyester

base film made by photographic processes from a film scribing tested

for residual hypo with an approved hypo testing solution to assure

permanency;

5. Marginal lines, standard certificates and approval forms may

be printed or legibly stamped on the plat with permanent opaque

black ink when permitted by local ordinance; and

6. The county clerk may require one of the prints to be a

blueprint cloth and the other print to be a photographic matte film

positive.
Okla. Stat. tit. 11, § 11-22-124 — OK Code / Title 11 / Section 11-22-124
Commercial development projects, market houses and
Status: in_force

marketplaces - Municipal buildings.

The municipal governing body may purchase ground for, erect,

establish, operate, and regulate retail or commercial redevelopment

projects, market houses, and marketplaces. The governing body may

contract with any person, company, or corporation for the erection,

operation, and maintenance of such redevelopment projects, market

houses, and marketplaces on terms and conditions and in such manner

as may be necessary and proper pursuant to the authority granted to

it by the Constitution and laws of this state to protect and

preserve such projects and markets for the benefit of the

municipality and its citizens. The municipal governing body may

raise all necessary revenue therefor. The governing body may also

provide for the erection and operation of any and all necessary

buildings for the municipality.
Okla. Stat. tit. 11, § 11-22-127 — OK Code / Title 11 / Section 11-22-127
Establishing residency requirements
Status: in_force

The municipal governing body by ordinance may designate which

appointed officers and employees shall reside within the

municipality; but police officers, firefighters and other municipal

employees need not be actual residents of the municipality where

they are employed in municipalities of five thousand (5,000)

population or more, according to the latest federal census.
Okla. Stat. tit. 11, § 11-27-123 — OK Code / Title 11 / Section 11-27-123
Suspension of judgment or costs - Reconfinement
Status: in_force

Whenever any person shall be convicted in the municipal court of

violating a municipal ordinance, the judge trying the cause, after

sentence, may suspend the judgment or costs or both and allow the

person so convicted to be released upon his own recognizance. Any

person so released shall be required to report at such times and to

such person or officer as the judge shall direct. The judge may

cause a warrant to be issued for any person so released if it shall

be made to appear to the judge that such person:

1. Has been guilty of the violation of any law after his

release;

2. Is habitually associating with lewd or vicious persons; or

3. Is indulging in vicious habits.

Upon the issuance of the warrant by the judge, the person shall be

delivered forthwith to the place of confinement to which he was

originally sentenced and shall serve out the full term for which he

was originally sentenced.
Okla. Stat. tit. 11, § 11-28-109 — OK Code / Title 11 / Section 11-28-109
Prosecuting officers
Status: in_force

The city attorney or municipal counselor and his assistants

shall be the prosecuting officers of the municipal criminal court of

record and the relation which they bear to the court shall be the

same as that borne to the district court by the district attorney.

They shall have full power to prosecute violations of any ordinance

of the city in the municipal criminal court of record and shall have

power to prosecute and resist appeals and proceedings in error or

review from the municipal criminal court of record.
Okla. Stat. tit. 11, § 11-27-122 — OK Code / Title 11 / Section 11-27-122
Enforcement of payment of fines or costs by
Status: in_force

imprisonment - Persons unable to pay.

A. If a defendant who is financially able refuses or neglects

to pay a fine or costs or both, payment may be enforced:

1. By imprisonment until the same shall be satisfied at the

rate of Twenty-five Dollars ($25.00) per day; or

2. In the same manner as is prescribed in subsection B of this

section for a defendant who is without means to make such payment.

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

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

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

the county where the situs of the municipal government is located,

where it shall be entered upon the district court judgment docket

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

judgment. The same remedies shall be available for the enforcement

of the judgment as are available to any other judgment creditor.
Okla. Stat. tit. 11, § 11-34-102 — OK Code / Title 11 / Section 11-34-102
Chief of police - Powers, duties and functions -
Status: in_force

Qualifications.

A. The chief of police of a municipality shall be a peace

officer and shall enforce the municipal ordinances. The chief of

police of a municipality shall have such other powers, duties and

functions as may be prescribed by law or ordinance.

B. Any person elected or appointed to the position of chief of

police of a municipality shall meet the following qualifications:

1. Be at least twenty-one (21) years of age;

2. Be a citizen of the United States;

3. Possess at least a high school diploma or General Education

Diploma (GED);

4. Be certified as a peace officer in this state by the Council

on Law Enforcement Education and Training (CLEET), or meet all

requirements necessary for CLEET certification and obtain such

certification within six (6) months of assuming the position of

Oklahoma Statutes - Title 11. Cities and Towns Page 301

chief of police or as otherwise allowed by Section 3311 of Title 70

of the Oklahoma Statutes; and

5. Have successfully completed a course of training meeting at

least the minimal criteria established by the Council on Law

Enforcement Education and Training (CLEET) for police chief

administration, successfully completed an approved police chief

administrative school which has been developed by the Oklahoma

Association of Chiefs of Police and approved by the Council within

twelve (12) months of assuming the position of chief of police.

C. 1. Any person who does not meet the qualifications of

paragraph 4 or 5 of subsection B of this section at the time of

election or appointment to the position of chief of police and who

fails after assuming the position of chief of police to meet such

qualifications within the time required shall have their CLEET

certification revoked for the purpose of serving as chief and be

removed from the position.

2. Any person assuming the position of chief of police without

prior CLEET certification who fails to complete an approved course

of training or police chief administration school within the time

required shall be precluded from obtaining CLEET certification while

in such position.

D. The Council on Law Enforcement Education and Training

(CLEET) shall establish minimal criteria for the qualifications of

paragraph 5 of subsection B of this section relating to a course of

training and police chief administration schools and approve all

training offered in this state relating to police chief

administration. The Oklahoma Association of Chiefs of Police in

consultation and cooperation with the Council is directed to develop

a Police Chief Administrative School consisting of training courses

that meet at least the minimal criteria established by the Council.

E. The provisions of this act relating to qualifications for a

chief of police shall not apply to any person who has assumed the

position of chief of police and is currently serving as the chief of

police of a municipality on or before November 1, 2006.
Okla. Stat. tit. 11, § 11-36-117 — OK Code / Title 11 / Section 11-36-117
Sidewalks - Construction by railroad - Maintenance of
Status: in_force

improvements.

The municipality may require, in addition to the improvement of

streets as required in Section 36-116 of this title, that a railway

company shall construct sidewalks crossing the tracks or right-of-

way of its railways, with such material as the municipality may

require by ordinance, upon either or both sides of the street; and

that the railway company shall maintain such improvements, keeping

the same in repair at its own expense, using for such purpose the

same material as is used for the original paving, graveling or

macadamizing, or sidewalks, or such other material as the

municipality may order.
Okla. Stat. tit. 11, § 11-22-112.4 — OK Code / Title 11 / Section 11-22-112.4
Abandoned building as public nuisance – Abatement –
Status: in_force

Petition for removal – Administrative officer or body – Definitions

– Appeal – Damages or loss of property.

A. An abandoned building shall constitute a public nuisance

because it:

1. Is detrimental to the public health, safety or welfare of

the inhabitants of and visitors to the municipality;

2. Causes increased municipal regulatory costs and increased

municipal police and fire protection costs; and

3. Devalues abutting and nearby real properties.

B. A municipal governing body may abate the public nuisance

caused by an abandoned building within the municipal limits in

accordance with the following procedures:

1. At least ten (10) days' notice that an abandoned building is

to be abated pursuant to the procedures for abatement set forth in

this section shall be given to the owner of the property before the

governing body holds a hearing. A copy of the notice shall be sent

by mail to the property owner at the address shown by the current

year's tax rolls in the office of the county treasurer. Written

notice shall also be sent by mail to any mortgage holder as shown by

the records in the office of the county clerk to the last-known

address of the mortgage holder. At the time of mailing of notice to

any property owner or mortgage holder, the municipality shall obtain

a receipt of mailing from the postal service, the receipt of which

shall indicate the date of mailing and the name and address of the

mailee. However, if neither the property owner nor mortgage holder

can be located, notice may be given by posting a copy of the notice

on the property and by publication as defined in Section 1-102 of

Title 11 of the Oklahoma Statutes. Such notice shall be published

once not less than ten (10) days prior to any hearing or action by

the municipality pursuant to the provisions of this section;

2. A hearing shall be held by the governing body to determine

if the property is an abandoned building as defined by this section;

3. Pursuant to a determination that the building is an

abandoned building, the governing body may order the agents of the

municipality to pursue abatement of the public nuisance caused by

the building and shall order the municipal clerk to place the

building on an abandoned building list to be maintained by the

clerk. At any time after such determination and order, the agents

Oklahoma Statutes - Title 11. Cities and Towns Page 174

of the municipality may cause the public nuisance to be abated as

authorized in this section, and such abatement may continue until

such time as the building is removed from the abandoned building

list in accordance with the procedures set forth in subsection C of

this section;

4. Abatement of an abandoned building by the municipality may

include any or all of the following:

a. any lawful municipal regulatory or municipal police

and fire protection action in relation to the

abandoned building or the owner of such building

necessary or appropriate for the protection of

inhabitants in and visitors to the municipality. Upon

receipt of any necessary warrant to authorize such

action, the agents of the municipality are granted the

right of entry onto the property for the performance

of any such action as a governmental function of the

municipality,

b. the quarterly assessment against the property on which

the abandoned building is located and against the

owner of the abandoned building of the actual costs of

any municipal regulatory action taken in relation to

the abandoned building or the owner of such building

as authorized above,

c. the assessment against the property on which the

abandoned building is located and against the owner of

the abandoned building of the actual costs of any

municipal police or fire protection action taken in

relation to the abandoned building or the owner of

such building as authorized above, and

d. an assessment for any other actual expenses incurred

by the municipality in relation to the abandoned

building, including, but not limited to, the costs of

notices, mailings and publications;

5. After the determination that a building is an abandoned

building, and before commencement of any of the abatement actions

authorized by paragraphs 3 and 4 of this subsection, the municipal

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

the property, the findings of the governing body at the hearing, and

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

abatement costs and that such costs shall also constitute the

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

filing of the notice;

6. From and after the determination that a building is an

abandoned building, and continuing until such time as the building

is removed from the abandoned building list in accordance with the

procedures set forth in subsection C of this section, the municipal

clerk shall determine the actual quarterly abatement costs for the

Oklahoma Statutes - Title 11. Cities and Towns Page 175

abatement procedures authorized by this section. After such

determination, the municipal clerk shall mail a statement of the

actual quarterly abatement costs for the abatement procedures

authorized by this section to the property owner and demand the

payment of such costs by the owner. In addition, a copy of the

statement shall be mailed to any mortgage holder at the address

provided for in paragraph 1 of this subsection. At the time of

mailing of the statement of costs to any property owner or mortgage

holder, the municipal clerk shall obtain a receipt of mailing from

the postal service, the receipt of which shall indicate the date of

mailing and the name and address of the mailee; and

7. When full payment is made to the municipal clerk for actual

abatement costs incurred and billed in accordance with paragraph 6

of this subsection, the municipal clerk shall send the property

owner and any mortgage holder by mail a receipt for such payment;

but if payment attributable to the actual quarterly costs of such

abatement is not made within six (6) months from the date of the

mailing of the statement to the owner of such property, a lien in

the actual amount of the abatement shall be filed against the

abandoned building. Until finally paid, the costs and the interest

thereon shall be the personal obligation of the property owner from

and after the date the notice of lien was filed with the county

clerk. In addition, the costs and the interest thereon shall be a

lien against the property from the date the notice of lien was filed

with the county clerk. The lien shall be coequal with the lien of

ad valorem taxes and all other taxes and special assessments and

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

the property. The lien shall continue until the cost is fully paid.

A mineral interest, if severed from the surface interest and not

owned by the surface owner, shall not be subject to any lien created

pursuant to this section. Upon receiving full payment, the

municipal clerk shall forward to the county clerk a notice of

discharge of the lien.

C. Any owner or mortgage holder of any building determined by

the governing body of the municipality to be an abandoned building

pursuant to this section may petition the governing body in writing

at any time after such determination for removal of such building

from the abandoned building list maintained by the municipal clerk.

Any such petition shall be filed with the municipal clerk. Within

thirty (30) days after such petition is filed with the municipal

clerk, the governing body shall hold a hearing to determine if the

building is no longer an abandoned building. Upon such a

determination, the governing body shall order the building removed

from the abandoned building list. The municipal clerk shall comply

with such order by removing the building from the abandoned building

list; provided, the real property on which the abandoned building is

located and the owner of such building shall remain liable for

Oklahoma Statutes - Title 11. Cities and Towns Page 176

payment of any and all abatement costs incurred by the municipality

prior to the determination and order by the governing body that the

building should be removed from the abandoned building list. Upon

full payment of any costs certified against the property, the

municipal clerk shall file a release of the notice of the lien in

the county clerk's office within ten (10) days after receiving such

payment.

D. The governing body may designate, by ordinance, an

administrative officer or administrative body of the municipality to

carry out any or all of the duties of the governing body specified

in this section. The property owner shall have the right of appeal

to the governing body from any order of the administrative officer

or administrative body. Such appeal shall be taken by filing a

written notice of appeal with the municipal clerk within ten (10)

days after the administrative order is delivered or mailed to the

owner at the address shown in the county treasurer records.

E. For purposes of this section:

1. "Abandoned building" means any building located within the

municipality that is not currently occupied and has been declared

unsecured or dilapidated pursuant to Section 22-112 or 22-112.1 of

Title 11 of the Oklahoma Statutes and remains in such condition; and

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

current tax roles of the county treasurer.

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

property zoned and used for agricultural purposes.

G. The officers, employees or agents of the municipality shall

not be liable for any damages or loss of property due to the

abatement of the public nuisance caused by an abandoned building

performed pursuant to the provisions of this section or as otherwise

provided by law.
Okla. Stat. tit. 11, § 11-24-109 — OK Code / Title 11 / Section 11-24-109
Judicial Determination by Supreme Court of Validity of Bonds, Contracts and Other Acts
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 9Bonds, Contracts and Other Acts - Notice.

Judicial Determination by Supreme Court of Validity of Bonds,

Contracts and Other Acts--Notice. The Authority is authorized in

its discretion to file an application with the Supreme Court of

Oklahoma for approval by said court of any bonds to be issued under

this act, or to file a petition for a judgment determining the

validity of any proposed contract or action arising from the

exercise of any of the powers, rights, privileges and functions

conferred upon the Authority, eligible public agencies or public

trusts under this act; and exclusive original jurisdiction is hereby

conferred upon the Supreme Court to hear and determine each such

application or petition. It shall be the duty of the court to give

such applications and petitions precedence over the other civil

business of the court except habeas corpus proceedings, and to

consider and pass upon the applications and petitions and any

protests which may be filed thereto as speedily as possible. Notice

of the hearing on each application and petition shall be given by a

notice published in a newspaper of general circulation in the state

that on a day named the Authority will ask the court to hear its

Oklahoma Statutes - Title 11. Cities and Towns Page 225

application and approve the bonds, or hear its petition and enter a

declaratory judgment. Such notice shall inform property owners,

taxpayers, ratepayers, citizens and all persons having or claiming

any right, title or interest in such matter or properties or funds

to be affected by the issuance of such bonds, or proposed contract

or action, or affected in any way thereby, that they may file

protests against the issuance of the bonds, the validity of the

contracts or action, or the declaratory judgment, and be present at

the hearings and contest the legality thereof. Such notice shall be

published one time not less than ten (10) days prior to the date

named for the hearing and the hearing may be adjourned from time to

time in the discretion of the court. If the court shall be

satisfied that the bonds have been properly authorized in accordance

with this act and that, when issued, they will constitute valid

obligations in accordance with their terms, the court shall render

its written opinion approving the bonds, and shall, upon application

of the Authority, also issue an order permanently enjoining all

persons described in the aforesaid notice from thereafter

instituting any action or proceeding contesting the validity of such

bonds, or of the rates, fees or charges authorized to be charged for

the payment thereof, or the pledge of revenues, monies, securities,

contract rights or other personal property to secure such payment,

and shall fix the time within which a petition for rehearing may be

filed. If the court shall be satisfied that the proposed contract

or action is in accordance with this act, the court shall enter a

judgment approving and declaring such contract or action to be

valid, and shall, upon application of the Authority, also issue an

order permanently enjoining all persons described in the aforesaid

notice from thereafter instituting any action or proceeding

contesting the validity of such contract or action, and shall fix

the time within which the petition for rehearing may be filed. The

decision of the court shall be a judicial determination of the

validity of the bonds, shall be conclusive as to the Authority, its

officers and agents, and thereafter the bonds so approved and the

revenues, monies, securities, contract rights or other personal

property pledged to their payments shall be incontestable in any

court in the State of Oklahoma, and any declaratory judgment on any

contract or action of the Authority, any eligible public agency or

any public trust entered pursuant to this section shall have the

force and effect of a final judgment or decree.
Okla. Stat. tit. 11, § 11-12-108 — OK Code / Title 11 / Section 11-12-108
Board of trustees - Quorum - Rules and voting
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 71

A majority of all the members of the board of trustees shall

constitute a quorum to do business, but a smaller number may adjourn

from day to day. The board may determine its own rules, and may

compel the attendance of absent members in the manner and under

penalties as the board may prescribe.
Okla. Stat. tit. 11, § 11-37-119a — OK Code / Title 11 / Section 11-37-119a
Sale of water outside corporate limits - Failure to implement enterprise accounting
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 15implement enterprise accounting system - Liability to purchaser.

Beginning July 1, 1996, if a municipality selling water to

persons or public or private entities outside its corporate limits

has not implemented an enterprise accounting system to account for

the cost of water supply, treatment and delivery to the point of

delivery to the purchaser's water system, it shall be liable to the

purchaser for the reasonable expenses of such an accounting

exceeding the expense which the purchaser would have incurred using

an enterprise accounting system.
Okla. Stat. tit. 11, § 11-39-103.1 — OK Code / Title 11 / Section 11-39-103.1
Additional improvement districts - Assessments -
Status: in_force

Objections - Termination.

A. In addition to those purposes set out in Section 39-103 of

this title, the governing body of any municipality having a

population of more than one thousand five hundred (1,500) may create

one or more districts and levy assessments for the purpose of

providing or causing to be provided any maintenance, cleaning,

security, shuttle service, upkeep, marketing, management or other

services which confer special benefits upon property within the

district by preserving, enhancing or extending the value or

usefulness of any improvement described in Section 39-103 of this

title, whether or not the improvement was financed or constructed

pursuant to this act and such governing body may exclude or modify

such assessments according to benefits received on properties which

are exempt from ad valorem taxation, except those assessments

provided for by Section 39-103 of this title. Without limiting or

expanding the preceding sentence or any other provision of this act,

such a district may be comprised of a designated geographical area

within the municipality and limited to only those properties within

such geographical area on which a hotel or motel having 50 or more

rooms available for occupancy is located, if the sole purpose of the

district is to provide marketing services for private or public

events reasonably calculated to increase occupancy and room rates

for such properties as a class. Such districts may also be used to

Oklahoma Statutes - Title 11. Cities and Towns Page 430

fund maintenance, management, marketing and other services being

provided through an active Main Street Program recognized as such by

the Oklahoma Department of Commerce. In addition, such districts

may be used to fund the acquisition, construction, installation or

maintenance of capital improvements with an estimated useful life of

five (5) years or more, including but not limited to:

1. Parking facilities;

2. Benches, booths, kiosks and pedestrian shelters;

3. Signs;

4. Trash receptacles;

5. Public restrooms;

6. Lighting, heating and air conditioning facilities;

7. Decorations;

8. Parks, fountains and planting areas; and

9. Ramps, sidewalks and plazas;

provided the total cost of such improvement is funded in one year's

assessment.

General street repair and maintenance on any street used by

vehicular traffic shall not be made a part of any assessments

provided for hereunder.

B. For districts created under this section, the engineer's

report may be amended by resolution of the governing body to provide

new or additional services or improvements upon the petition of the

record owners of not less than one-half (1/2) of the area liable for

assessment under the proposal. Petitions seeking to add new or

additional services or improvements to an existing district shall be

filed with the city clerk not less than sixty (60) days prior to the

date of the public hearing on the annual assessment roll.

The petition shall set forth:

1. A general description of the new or additional services or

improvements to be provided;

2. The estimated costs of the services and improvements

proposed to be added;

3. The area of the district to be assessed under the proposal;

and

4. The proposed method of assessment.

C. For districts created under this section, property adjacent

to such district may be annexed into the district upon the petition

of the record owners of more than sixty percent (60%) of the area

liable to be annexed. Petitions seeking to annex additional

property into an existing assessment district shall be filed with

the city clerk not less than sixty (60) days prior to the hearing on

the annual assessment roll.

The petition shall set forth:

1. The area to be annexed to the district;

2. The nature of the services and/or improvements to be

provided to the area to be annexed;

Oklahoma Statutes - Title 11. Cities and Towns Page 431

3. The estimated costs of the services and/or improvements to

be provided to the area to be annexed; and

4. The proposed method of assessment.

D. If the governing body determines that it is desirable to

continue to provide or cause to be provided the improvements and

services, to provide new or additional services, or improvements, or

to annex additional property into an existing assessment district

authorized by this section, the governing body shall annually

prepare and cause to be filed in the office of the municipal clerk a

resolution containing, among other things:

1. The assessment roll;

2. The new or additional services, or improvements proposed to

be provided, if any;

3. A description of the area proposed to be annexed into the

district, if any;

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

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

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

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

treasurer;

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

assessed; and

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

land.

If after filing the assessment roll, it appears that the amount

of the assessment against any tract or parcel of land shall be

increased, new or additional services, or improvements are to be

provided or additional property is to be annexed into the district,

the governing body shall by resolution set a time and place for the

hearing on the resolution at which an owner may object to the amount

of the assessment, the new or additional services, or improvements

to be provided or the additional property to be annexed.

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

before the day of the hearing, the municipal clerk, the deputy

municipal clerk or the engineer shall mail the notice of the hearing

on the resolution to the owner of the tract or parcel of land on

which the amount of assessment is increased, new or additional

services or improvements are proposed to be added or proposed to be

annexed into the district. Proof of the mailing is to be made by

affidavit by the municipal clerk, the deputy municipal clerk or the

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

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

of the proceedings authorized in the Improvement District Act.

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

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

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

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

Oklahoma Statutes - Title 11. Cities and Towns Page 432

F. No district created under this section shall continue beyond

the date that final payment of all principal, interest and other

amounts due in connection with bonds issued by that district has

been made, or if no bonds have been issued by the district, beyond

the date that is thirty (30) years after the adoption of the

resolution creating the district, unless re-created as provided in

Section 39-101 et seq. of this title for creation of districts.

Provided that, at any time after its creation, and provided further

that, no bonds or other financial obligations of a district are then

outstanding, the district shall cease to exist if:

1. The governing body by resolution terminates the district; or

2. The owners of a majority in area of the tracts or parcels of

land within the district and a majority of the owners of record of

property within the district petition in writing to terminate the

district.

Such termination shall take effect at the end of the fiscal year

in which the governing body adopts such resolution or determines the

validity of such petition. Nothing herein shall excuse a tract or

parcel of land from its liability for deferred payments or any

assessment.
Okla. Stat. tit. 11, § 11-13-104 — OK Code / Title 11 / Section 11-13-104
Canvassing returns - Certification of results
Status: in_force

The county election board shall canvass the returns and the

secretary of the board shall, within five (5) days after the canvass

of the returns of the election, certify the results to the municipal

Oklahoma Statutes - Title 11. Cities and Towns Page 74

governing body. If a majority of the votes cast on the question are

in favor of framing a charter for the municipality, the board shall

tabulate the votes on the election of freeholders and declare the

results in the certification to the governing body.
Okla. Stat. tit. 11, § 11-21-110v1 — OK Code / Title 11 / Section 11-21-110v1
Detachment of municipal territory - Procedure
Status: in_force

A. Territory may be detached from the corporate limits of a

municipality by the governing body when:

1. An ordinance of the governing body so directs; or

2. A petition requesting detachment, signed by at least three-

fourths (3/4) of the registered voters and by the owners of at least

three-fourths (3/4), in value, of the property to be detached, is

filed with the governing body.

Only land which is within the limits of the municipality and

upon its border and not laid out in lots and blocks, or land which

had been annexed to a municipality, may be detached by petition.

B. Petitioners for detachment of municipal territory shall

comply with the following procedures:

1. A true and complete unsigned copy of the petition requesting

detachment shall be filed with the clerk of the municipality before

it is circulated and signed by at least three-fourths (3/4) of the

registered voters and by the owners of at least three-fourths (3/4),

in value, of the property to be detached, as required by subsection

A of this section;

2. Signed copies of the petition requesting detachment shall be

filed with the clerk of the municipality within ninety (90) days

after the initial filing of the unsigned copy with the clerk; and

3. Notice of the filing of the signed petition requesting

detachment with the clerk of the municipality shall be given in the

same manner provided for petitions requesting annexation.

Failure to comply with the notice requirement or the other

procedures set forth in this subsection shall render the petition

for detachment insufficient and no action thereon shall be required

by the clerk or governing body of the municipality.

C. When signed copies of the petition requesting detachment are

timely filed with the clerk of the municipality, the clerk shall

determine the sufficiency of the signatures appearing on the

petition. The clerk shall then publish, in at least one newspaper

Oklahoma Statutes - Title 11. Cities and Towns Page 141

of general circulation in the municipality, a notice of the filing

and the apparent sufficiency or insufficiency of the petition.

Within ten (10) days following the publication, the governing body

of the municipality shall hold a public hearing on the petition

requesting detachment and take such action thereon as the governing

body deems appropriate, which may include approval, denial, or

deferral.

D. Appeal to the district court concerning any action by the

clerk or governing body of the municipality on a petition requesting

detachment shall be in the same manner provided for petitions

requesting annexation.

E. Territory to be detached under subsection A of this section

shall not be detached if:

1. The territory includes an intervening strip less than four

(4) rods wide;

2. The territory is separated from the corporate limits of a

municipality only by a railway right-of-way;

3. The territory is a highway right-of-way adjacent to or

contiguous with a municipality; or

4. The territory includes properties that will be split in two,

resulting in part of the property falling inside the corporate

limits of a municipality and part of it falling outside the

corporate limits of the municipality.

F. Notwithstanding the provisions of subsection E of this

section, the state, county, or any other political subdivision or

governmental entity which will assume responsibility over the

proposed detached territory may give written consent to the

detachment.
Okla. Stat. tit. 11, § 11-49-134 — OK Code / Title 11 / Section 11-49-134
Mandatory retirement at age sixty-five - Exception
Status: in_force

No person, who is eligible for retirement under the laws of this

state pertaining to the System, shall serve in any capacity as a

member of any fire department of any municipality of this state

after having attained the age of sixty-five (65) years, provided,

however, no person shall be required to retire because of the

provisions of this section until such person shall have completed

twenty (20) years service.
Okla. Stat. tit. 11, § 11-22-162 — OK Code / Title 11 / Section 11-22-162
Definitions
Status: in_force

For the purposes of this act:

1. "Racing event" means a motor vehicle race which is

sanctioned by a nationally or internationally recognized racing

organization and includes the preparations, practices, and

qualifications for the race;

2. “Municipality” means any municipality in this state with a

population exceeding three hundred thousand (300,000) according to

the most recent Federal Decennial Census;

3. “Public trust” means a public trust created pursuant to

Section 176 et seq. of Title 60 of the Oklahoma Statutes whose sole

beneficiary is the municipality;

4. “Racing event area” means all public areas, including,

without limitation, public highways, streets, alleys, sidewalks,

public parking areas, lots, garages, public buildings, and public

parks within the jurisdiction of the municipality that are the

subject of any issued permit; and

5. “Motor vehicle” means a motorized vehicle designed to be

driven on pavement such as streets or highways.
Okla. Stat. tit. 11, § 11-50-118 — OK Code / Title 11 / Section 11-50-118
Member retired for disability - Physical examination -
Status: in_force

Emergency duty.

Any member retired for disability as authorized in this article

may be summoned before the State Board at any time to submit himself

or herself to the State Board or some physician licensed by this

state and selected by the State Board, to be examined as to the

member's fitness for duty, and if found to be able to return to duty

by the State Board, the member shall not be entitled to any further

money from the funds of the System. All such members so retired as

authorized under this article shall report, upon order of the State

Board, to some physician licensed by this state and designated by

the State Board, for an examination as to the member's fitness for

duty, and if at such time the member be found fit for duty by the

State Board, the member shall not be entitled to any further money

from the System. In case of great public emergency any such member

retired for disability may be assigned to and shall perform such

duty as the Chief of the Police Department of the municipality may

direct and such member shall not be entitled to any pay from the

municipality for the duty so performed.
Okla. Stat. tit. 11, § 11-12-106 — OK Code / Title 11 / Section 11-12-106
Powers vested in board of trustees - Designated powers
Status: in_force

All powers of a statutory town board of trustees town, including

the determination of matters of policy, shall be vested in the board

of trustees. Without limitation of the foregoing, the board may:

1. Appoint and remove, and confirm appointments of, designated

town officers and employees as provided by law or ordinance;

2. Enact municipal legislation subject to limitations as may

now or hereafter be imposed by the Oklahoma Constitution and law;

3. Raise revenue, establish rates for services and taxes, make

appropriations, regulate salaries and wages and all other fiscal

affairs of the town, subject to limitations as may now or hereafter

be imposed by the Oklahoma Constitution and law;

4. Inspect the books and accounts maintained by the town

treasurer;

5. Inquire into the conduct of any office, department or agency

of the town, and investigate municipal affairs, or authorize and

provide for such inquiries;

6. Create, change and abolish offices, departments or agencies,

other than those established by law; assign additional functions and

duties to offices, departments and agencies established by this

article; and define the duties, powers and privileges of all

officers which are not defined by this article; and

7. Grant pardons for violation of municipal ordinances,

including the remission of fines and costs.
Okla. Stat. tit. 11, § 11-43-101 — OK Code / Title 11 / Section 11-43-101
General powers of municipalities
Status: in_force

For the purpose of promoting health, safety, morals, or the

general welfare of the community, a municipal governing body may

regulate and restrict the height, number of stories, and size of

buildings and other structures, the percentage of lot that may be

occupied, the size of yards, courts and other open spaces, the

density of population, and the location and use of buildings,

Oklahoma Statutes - Title 11. Cities and Towns Page 470

structures and land for trade, industry, residence or other

purposes.
Okla. Stat. tit. 11, § 11-9-101 — OK Code / Title 11 / Section 11-9-101
Statutory aldermanic form of government
Status: in_force

The form of government provided by Sections 9-101 through 9-118

of this title shall be known as the statutory aldermanic form of

city government. Cities governed under the statutory aldermanic

form shall have all the powers, functions, rights, privileges,

franchises and immunities granted, or which may be granted, to

cities. Such powers shall be exercised as provided by law

applicable to cities under the aldermanic form, or if the manner is

not thus prescribed, then in such manner as the governing body may

prescribe.
Okla. Stat. tit. 11, § 11-34-106 — OK Code / Title 11 / Section 11-34-106
Use of unmarked vehicle prohibited – Official uniform
Status: in_force

required.

The State of Oklahoma hereby declares and states that the

increased number of persons impersonating law enforcement officers

by making routine traffic stops while using unmarked cars is a

threat to the public health and safety of all the citizens of the

State of Oklahoma; therefore it shall be unlawful for any municipal

police department to use any vehicle which is not clearly marked as

a law enforcement vehicle for routine traffic enforcement except as

provided in Section 12-218 of Title 47 of the Oklahoma Statutes. In

addition to Section 12-218 of Title 47 of the Oklahoma Statutes, the

peace officer operating the law enforcement vehicle for routine

traffic stops shall be dressed in the official uniform including

shoulder patches, badge, and any other identifying insignias

normally used by the employing law enforcement agency.

Oklahoma Statutes - Title 11. Cities and Towns Page 308
Okla. Stat. tit. 11, § 11-12-113 — OK Code / Title 11 / Section 11-12-113
Compensation of town elective officers
Status: in_force

The compensation of all elective town officers shall be fixed by

ordinance.
Okla. Stat. tit. 11, § 11-56-106 — OK Code / Title 11 / Section 11-56-106
Contributions and expenditures reports
Status: in_force

Every campaign committee and every municipal political committee

shall file a report of contributions and expenditures with the

Ethics Commission subject to the same requirements as set forth for

candidate committees and political action committees, respectively,

required to file reports of contributions and expenditures under

Rules of the Ethics Commission promulgated pursuant to Section 3 of

Article XXIX of the Oklahoma Constitution including, but not limited

to, time for filing and contents.
Okla. Stat. tit. 11, § 11-21-222 — OK Code / Title 11 / Section 11-21-222
Condemnation proceedings relating to rural electric
Status: repealed

cooperatives or electric public utilities - Moratorium -

Implementation of retail consumer choice contingency.

There is hereby declared a moratorium on all municipal

condemnation proceedings instituted pursuant to Section 437.2 of

Title 18 of the Oklahoma Statutes, initiated prior to the enactment

of electric restructuring enabling legislation and the

implementation of consumer choice of retail electric energy

suppliers. The moratorium shall also apply to all municipalities or

public trusts thereof which attempt to condemn the facilities of

electric public utilities or rural electric cooperatives for the

purpose of utilizing such facilities for the delivery of electric

power and energy. The moratorium shall remain in effect until the

enactment of electric restructuring enabling legislation and

implementation of consumer choice of retail electric energy

suppliers. Upon such enactment of electric restructuring enabling

legislation and implementation of consumer choice of retail electric

energy suppliers, the municipal condemnation provisions authorizing

municipalities with electric utilities to condemn the facilities of

rural electric cooperatives contained in Section 437.2 of Title 18

Oklahoma Statutes - Title 11. Cities and Towns Page 147

of the Oklahoma Statutes is hereby repealed. The moratorium

provided for herein shall have prospective and retroactive

application.
Okla. Stat. tit. 11, § 11-50-114.1 — OK Code / Title 11 / Section 11-50-114.1
Limitations on benefits and contribution under
Status: repealed

qualified plans of the Internal Revenue Code of 1986.

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

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

shall be computed in accordance with the applicable provisions of

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

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

below. Notwithstanding any other provision contained herein to the

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

by employer contributions (including contributions picked up by the

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

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

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

the provisions of this section and subsequent guidance. The

limitations of this section shall apply in limitation years

beginning on or after July 1, 2007, except as otherwise provided

below.

B. Except as provided below, effective for limitation years

ending after December 31, 2001, any accrued retirement benefit

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

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

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

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

prescribed by the Secretary of the Treasury or the Secretary's

delegate, effective January 1 of each calendar year and applicable

to the limitation year ending with or within such calendar year.

The automatic annual adjustment of the dollar limitation in this

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

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

from employment.

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

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

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

life annuity, the benefit shall be adjusted to an actuarially

equivalent straight life annuity that begins at the same time as

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

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

member who has or will have distributions commencing at more than

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

of each such annuity starting date (and shall satisfy the

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

Oklahoma Statutes - Title 11. Cities and Towns Page 647

adjusting for past and future distributions of benefits commencing

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

determination of whether a new starting date has occurred shall be

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

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

Regulations.

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

a. survivor benefits payable to a surviving spouse under

a qualified joint and survivor annuity to the extent

such benefits would not be payable if the member's

benefit were paid in another form,

b. benefits that are not directly related to retirement

benefits (such as a qualified disability benefit,

preretirement incidental death benefits, and

postretirement medical benefits), or

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

benefit increase feature, provided the form of benefit

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

Revenue Code of 1986, as amended, and would otherwise

satisfy the limitations of this section, and the

System provides that the amount payable under the form

of benefit in any limitation year shall not exceed the

limits of this section applicable at the annuity

starting date, as increased in subsequent years

pursuant to Section 415(d) of the Internal Revenue

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

automatic benefit increase feature is included in a

form of benefit if the form of benefit provides for

automatic, periodic increases to the benefits paid in

that form.

3. The determination of the annual benefit shall take into

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

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

transferred from another defined benefit plan, other than transfers

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

of the Income Tax Regulations, but shall disregard benefits

attributable to employee contributions or rollover contributions.

4. Effective for distributions in plan years beginning after

December 31, 2003, the determination of actuarial equivalence of

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

accordance with paragraph 5 or paragraph 6 of this subsection.

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

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

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

benefit shall be determined under this paragraph 5 if the form of

the member's benefit is either:

Oklahoma Statutes - Title 11. Cities and Towns Page 648

a. a nondecreasing annuity (other than a straight life

annuity) payable for a period of not less than the

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

preretirement survivor annuity, the life of the

surviving spouse), or

b. an annuity that decreases during the life of the

member merely because of:

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

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

the benefit payable before the death of the

survivor annuitant), or

(2) the cessation or reduction of Social Security

supplements or qualified disability payments (as

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

Revenue Code of 1986, as amended).

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

limitation years beginning before July 1, 2007, the

actuarially equivalent straight life annuity is equal

to the annual amount of the straight life annuity

commencing at the same annuity starting date that has

the same actuarial present value as the member's form

of benefit computed using whichever of the following

produces the greater annual amount:

(1) the interest rate and the mortality table (or

other tabular factor), each as set forth in

subsection G of Section 50-105.4 of this title

for adjusting benefits in the same form, and

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

the applicable mortality table described in Rev.

Rul. 2001-62 (or its successor for these

purposes, if applicable) for that annuity

starting date.

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

limitation year beginning on January 1, 2008, the

actuarially equivalent straight life annuity is equal

to the greater of:

(1) the annual amount of the straight life annuity

(if any) payable to the member under the System

commencing at the same annuity starting date as

the member's form of benefit, and

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

percent (5%) interest rate assumption and the

applicable mortality table described in Rev. Rul.

Oklahoma Statutes - Title 11. Cities and Towns Page 649

2001-62 (or its successor for these purposes, if

applicable) for that annuity starting date.

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

For limitation years beginning on or after July 1,

2008, the actuarially equivalent straight life annuity

is equal to the greater of:

(1) the annual amount of the straight life annuity

(if any) payable to the member under the System

commencing at the same annuity starting date as

the member's form of benefit, and

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

percent (5%) interest rate assumption and the

applicable mortality table within the meaning of

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

of 1986, as amended, as described in Rev. Rul.

2007-67 (and subsequent guidance) for that

annuity starting date.

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

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

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

determined under this paragraph 6 if the form of the member's

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

this subsection. In this case, the actuarially equivalent straight

life annuity shall be determined as follows:

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

the annuity starting date of the member's form of

benefit is in the period beginning on January 1, 2009,

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

after June 30, 2009, the actuarially equivalent

straight life annuity is equal to the greatest of (1),

(2) and (3) below:

(1) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using the

interest rate and the mortality table (or other

tabular factor) as set forth in the most recent

actuarial valuation referenced in subsection G of

Section 50-105.4 of this title prior to September

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

paragraph 22 of Section 50-101 of this title, for

adjusting benefits in the same form,

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

Oklahoma Statutes - Title 11. Cities and Towns Page 650

has the same actuarial present value as the

member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate

assumption and the applicable mortality table

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

Internal Revenue Code of 1986, as amended, as

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

guidance), and

(3) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using:

(a) the applicable interest rate under Section

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

1986, as amended, (and subsequent guidance),

for the fourth calendar month preceding the

plan year in which falls the annuity

starting date for the distribution and the

stability period is the successive period of

one (1) plan year which contains the annuity

starting date for the distribution and for

which the applicable interest rate remains

constant, or as otherwise provided in the

applicable guidance if the first day of the

first plan year beginning after December 31,

2007, does not coincide with the first day

of the applicable stability period, and

(b) the applicable mortality table within the

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

Internal Revenue Code of 1986, as amended,

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

subsequent guidance),

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

b. Annuity Starting Date in the Period Beginning on July

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

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

the period beginning on July 1, 2008, through December

31, 2008, the actuarially equivalent straight life

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

below:

(1) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using the

interest rate and the mortality table (or other

tabular factor) each as set forth in subsection G

Oklahoma Statutes - Title 11. Cities and Towns Page 651

of Section 50-105.4 of this title for adjusting

benefits in the same form,

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate

assumption and the applicable mortality table

described in Rev. Rul. 2001-62 (or its successor

for these purposes, if applicable), and

(3) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using:

(a) the adjusted first, second, and third

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

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

amended, applied under rules similar to the

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

Internal Revenue Code of 1986, as amended,

for the fourth calendar month preceding the

plan year in which falls the annuity

starting date for the distribution and the

stability period is the successive period of

one (1) plan year which contains the annuity

starting date for the distribution and for

which the applicable interest rate remains

constant, or as otherwise provided in the

applicable guidance if the first day of the

first plan year beginning after December 31,

2007, does not coincide with the first day

of the applicable stability period, and

(b) the applicable mortality table described in

Rev. Rul. 2001-62 (or its successor for

these purposes, if applicable),

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

c. Annuity Starting Date in Plan Years Beginning in 2006

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

form of benefit is in a Plan Year beginning in 2006 or

2007, the actuarially equivalent straight life annuity

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

(1) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using the

interest rate and the mortality table (or other

tabular factor) each as set forth in subsection G

Oklahoma Statutes - Title 11. Cities and Towns Page 652

of Section 50-105.4 of this title for adjusting

benefits in the same form,

(2) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using a five

and one-half percent (5.5%) interest rate

assumption and the applicable mortality table

described in Rev. Rul. 2001-62 (or its successor

for these purposes, if applicable), and

(3) the annual amount of the straight life annuity

commencing at the same annuity starting date that

has the same actuarial present value as the

member's form of benefit, computed using:

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

securities as specified by the Commissioner

for the lookback month for the stability

period specified below. The lookback month

applicable to the stability period is the

fourth calendar month preceding the first

day of the stability period, as specified

below. The stability period is the

successive period of one (1) plan year which

contains the annuity starting date for the

distribution and for which the applicable

interest rate remains constant, and

(b) the applicable mortality table described in

Rev. Rul. 2001-62 (or its successor for

these purposes, if applicable),

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

d. Annuity Starting Date in Plan Years Beginning in 2004

or 2005:

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

of benefit is in a plan year beginning in 2004 or

2005, the actuarially equivalent straight life

annuity is equal to the annual amount of the

straight life annuity commencing at the same

annuity starting date that has the same actuarial

present value as the member's form of benefit,

computed using whichever of the following

produces the greater annual amount:

(a) the interest rate and the mortality table

(or other tabular factor) each as set forth

in subsection G of Section 50-105.4 of this

title for adjusting benefits in the same

form, and

Oklahoma Statutes - Title 11. Cities and Towns Page 653

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

rate assumption and the applicable mortality

table described in Rev. Rul. 2001-62 (or its

successor for these purposes, if

applicable).

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

benefit is on or after the first day of the first

plan year beginning in 2004 and before December

31, 2004, the application of this subparagraph

shall not cause the amount payable under the

member's form of benefit to be less than the

benefit calculated under the System, taking into

account the limitations of this section, except

that the actuarially equivalent straight life

annuity is equal to the annual amount of the

straight life annuity commencing at the same

annuity starting date that has the same actuarial

present value as the member's form of benefit,

computed using whichever of the following

produces the greatest annual amount:

(a) the interest rate and mortality table (or

other tabular factor) each as set forth in

subsection G of Section 50-105.4 of this

title for adjusting benefits in the same

form,

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

Treasury securities as specified by the

Commissioner for the lookback month for

the stability period specified below.

The lookback month applicable to the

stability period is the fourth calendar

month preceding the first day of the

stability period, as specified below.

The stability period is the successive

period of one (1) plan year which

contains the annuity starting date for

the distribution and for which the

applicable interest rate remains

constant, and

(ii) the applicable mortality table

described in Rev. Rul. 2001-62 (or its

successor for these purposes, if

applicable), and

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

Treasury securities as specified by the

Commissioner for the lookback month for

the stability period specified below.

Oklahoma Statutes - Title 11. Cities and Towns Page 654

The lookback month applicable to the

stability period is the fourth calendar

month preceding the first day of the

stability period, as specified below.

The stability period is the successive

period of one (1) plan year which

contains the annuity starting date for

the distribution and for which the

applicable interest rate remains

constant (as in effect on the last day

of the last plan year beginning before

January 1, 2004, under provisions of

the System then adopted and in effect),

and

(ii) the applicable mortality table

described in Rev. Rul. 2001-62 (or its

successor for these purposes, if

applicable).

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

the System and all predecessor municipal police pension and

retirement systems, the dollar limitation otherwise applicable under

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

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

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

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

D. Adjustment of Dollar Limitation for Benefit Commencement

Before Age Sixty-two (62) or After Age Sixty-five (65): Effective

for benefits commencing in limitation years ending after December

31, 2001, the dollar limitation under subsection B of this section

shall be adjusted if the annuity starting date of the member's

benefit is before age sixty-two (62) or after age sixty-five (65).

If the annuity starting date is before age sixty-two (62), the

dollar limitation under subsection B of this section shall be

adjusted under paragraph 1 of this subsection, as modified by

paragraph 3 of this subsection, but subject to paragraph 4 of this

subsection. If the annuity starting date is after age sixty-five

(65), the dollar limitation under subsection B of this section shall

be adjusted under paragraph 2 of this subsection, as modified by

paragraph 3 of this subsection.

1. Adjustment of Defined Benefit Dollar Limitation for Benefit

Commencement Before Age Sixty-two (62):

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

the annuity starting date for the member's benefit is

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

year beginning before July 1, 2007, the dollar

limitation for the member's annuity starting date is

the annual amount of a benefit payable in the form of

Oklahoma Statutes - Title 11. Cities and Towns Page 655

a straight life annuity commencing at the member's

annuity starting date that is the actuarial equivalent

of the dollar limitation under subsection B of this

section (adjusted under subsection C of this section

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

required) with actuarial equivalence computed using

whichever of the following produces the smaller annual

amount:

(1) the interest rate and the mortality table (or

other tabular factor) each as set forth in

subsection G of Section 50-105.4 of this title,

or

(2) a five-percent interest rate assumption and the

applicable mortality table as described in Rev.

Rul. 2001-62 (or its successor for these

purposes, if applicable).

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

(1) System Does Not Have Immediately Commencing

Straight Life Annuity Payable at Both Age Sixty-

two (62) and the Age of Benefit Commencement.

(a) If the annuity starting date for the

member's benefit is prior to age sixty-two

(62) and occurs in the limitation year

beginning on January 1, 2008, and the System

does not have an immediately commencing

straight life annuity payable at both age

sixty-two (62) and the age of benefit

commencement, the dollar limitation for the

member's annuity starting date is the annual

amount of a benefit payable in the form of a

straight life annuity commencing at the

member's annuity starting date that is the

actuarial equivalent of the dollar

limitation under subsection B of this

section (adjusted under subsection C of this

section for years of participation less than

ten (10), if required) with actuarial

equivalence computed using a five-percent

interest rate assumption and the applicable

mortality table for the annuity starting

date as described in Rev. Rul. 2001-62 (or

its successor for these purposes, if

applicable) (and expressing the member's age

based on completed calendar months as of the

annuity starting date).

(b) If the annuity starting date for the

member's benefit is prior to age sixty-two

Oklahoma Statutes - Title 11. Cities and Towns Page 656

(62) and occurs in a limitation year

beginning on or after January 1, 2009, and

the System does not have an immediately

commencing straight life annuity payable at

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

benefit commencement, the dollar limitation

for the member's annuity starting date is

the annual amount of a benefit payable in

the form of a straight life annuity

commencing at the member's annuity starting

date that is the actuarial equivalent of the

dollar limitation under subsection B of this

section (adjusted under subsection C of this

section for years of participation less than

ten (10), if required) with actuarial

equivalence computed using a five-percent

interest rate assumption and the applicable

mortality table within the meaning of

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

Code of 1986, as amended, as described in

Rev. Rul. 2007-67 (and subsequent guidance)

(and expressing the member's age based on

completed calendar months as of the annuity

starting date).

(2) System Has Immediately Commencing Straight Life

Annuity Payable at Both Age Sixty-two (62) and

the Age of Benefit Commencement. If the annuity

starting date for the member's benefit is prior

to age sixty-two (62) and occurs in a limitation

year beginning on or after July 1, 2007, and the

System has an immediately commencing straight

life annuity payable at both age sixty-two (62)

and the age of benefit commencement, the dollar

limitation for the member's annuity starting date

is the lesser of the limitation determined under

division (1) of subparagraph b of this paragraph

and the dollar limitation under subsection B of

this section (adjusted under subsection C of this

section for years of participation less than ten

(10), if required) multiplied by the ratio of the

annual amount of the immediately commencing

straight life annuity under the System at the

member's annuity starting date to the annual

amount of the immediately commencing straight

life annuity under the System at age sixty-two

(62), both determined without applying the

limitations of this section.

Oklahoma Statutes - Title 11. Cities and Towns Page 657

(3) Effective for limitation years commencing on or

after January 1, 2014, notwithstanding any other

provision of paragraph 1 of this subsection, the

age-adjusted dollar limit applicable to a member

shall not decrease on account of an increase in

age or the performance of additional services.

2. Adjustment of Defined Benefit Dollar Limitation for Benefit

Commencement After Age Sixty-five (65):

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

the annuity starting date for the member's benefit is

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

year beginning before July 1, 2007, the dollar

limitation for the member's annuity starting date is

the annual amount of a benefit payable in the form of

a straight life annuity commencing at the member's

annuity starting date that is the actuarial equivalent

of the dollar limitation under subsection B of this

section (adjusted under subsection C of this section

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

required) with actuarial equivalence computed using

whichever of the following produces the smaller annual

amount:

(1) the interest rate and the mortality table (or

other tabular factor) each as set forth in

subsection G of Section 50-105.4 of this title,

or

(2) a five-percent interest rate assumption and the

applicable mortality table as described in Rev.

Rul. 2001-62 (or its successor for these

purposes, if applicable).

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

(1) System Does Not Have Immediately Commencing

Straight Life Annuity Payable at Both Age Sixty-

five (65) and the Age of Benefit Commencement.

(a) If the annuity starting date for the

member's benefit is after age sixty-five

(65) and occurs in the limitation year

beginning on January 1, 2008, and the System

does not have an immediately commencing

straight life annuity payable at both age

sixty-five (65) and the age of benefit

commencement, the dollar limitation at the

member's annuity starting date is the annual

amount of a benefit payable in the form of a

straight life annuity commencing at the

member's annuity starting date that is the

actuarial equivalent of the dollar

Oklahoma Statutes - Title 11. Cities and Towns Page 658

limitation under subsection B of this

section (adjusted under subsection C of this

section for years of participation less than

ten (10), if required) with actuarial

equivalence computed using a five-percent

interest rate assumption and the applicable

mortality table for the annuity starting

date as described in Rev. Rul. 2001-62 (or

its successor for these purposes, if

applicable) (and expressing the member's age

based on completed calendar months as of the

annuity starting date).

(b) If the annuity starting date for the

member's benefit is after age sixty-five

(65) and occurs in a limitation year

beginning on or after January 1, 2009, and

the System does not have an immediately

commencing straight life annuity payable at

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

benefit commencement, the dollar limitation

at the member's annuity starting date is the

annual amount of a benefit payable in the

form of a straight life annuity commencing

at the member's annuity starting date that

is the actuarial equivalent of the dollar

limitation under subsection B of this

section (adjusted under subsection C of this

section for years of participation less than

ten (10), if required) with actuarial

equivalence computed using a five-percent

interest rate assumption and the applicable

mortality table within the meaning of

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

Code of 1986, as amended, as described in

Rev. Rul. 2007-67 (and subsequent guidance)

(and expressing the member's age based on

completed calendar months as of the annuity

starting date).

(2) System Has Immediately Commencing Straight Life

Annuity Payable at Both Age Sixty-five (65) and

Age of Commencement. If the annuity starting

date for the member's benefit is after age sixty-

five (65) and occurs in a limitation year

beginning on or after July 1, 2007, and the

System has an immediately commencing straight

life annuity payable at both age sixty-five (65)

and the age of benefit commencement, the dollar

Oklahoma Statutes - Title 11. Cities and Towns Page 659

limitation at the member's annuity starting date

is the lesser of the limitation determined under

division (1) of subparagraph b of this paragraph

and the dollar limitation under subsection B of

this section (adjusted under subsection C of this

section for years of participation less than ten

(10), if required) multiplied by the ratio of the

annual amount of the adjusted immediately

commencing straight life annuity under the System

at the member's annuity starting date to the

annual amount of the adjusted immediately

commencing straight life annuity under the System

at age sixty-five (65), both determined without

applying the limitations of this section. For

this purpose, the adjusted immediately commencing

straight life annuity under the System at the

member's annuity starting date is the annual

amount of such annuity payable to the member,

computed disregarding the member's accruals after

age sixty-five (65) but including actuarial

adjustments even if those actuarial adjustments

are used to offset accruals; and the adjusted

immediately commencing straight life annuity

under the System at age sixty-five (65) is the

annual amount of such annuity that would be

payable under the System to a hypothetical member

who is age sixty-five (65) and has the same

accrued benefit as the member.

3. Notwithstanding the other requirements of this subsection,

no adjustment shall be made to the dollar limitation under

subsection B of this section to reflect the probability of a

member's death between the annuity starting date and age sixty-two

(62), or between age sixty-five (65) and the annuity starting date,

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

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

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

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

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

charge members for providing a qualified preretirement survivor

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

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

4. Notwithstanding any other provision to the contrary, for

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

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

in the limitations in this subsection shall not apply to a member

who is a "qualified participant" as defined in Section 415(b)(2)(H)

of the Internal Revenue Code of 1986, as amended.

Oklahoma Statutes - Title 11. Cities and Towns Page 660

E. Minimum Benefit Permitted: Notwithstanding anything else in

this section to the contrary, the benefit otherwise accrued or

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

the maximum permissible benefit if:

1. The retirement benefits payable for a limitation year under

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

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

a plan has been terminated) ever maintained by a participating

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

multiplied by a fraction:

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

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

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

with the participating municipality, and

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

2. The participating municipality (or a predecessor employer)

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

the member participated (for this purpose, mandatory employee

contributions under a defined benefit plan, individual medical

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

as amended, and accounts for postretirement medical benefits

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

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

plan).

F. In no event shall the maximum annual accrued retirement

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

annual amount of such accrued retirement benefit, including early

pension and qualified joint and survivor annuity amounts, duly

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

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

beginning in 1986, whichever is greater, disregarding any plan

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

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

accrued amount.

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

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

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

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

met by either:

1. Treating the accrued benefit derived from such contributions

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

2. Treating all such contributions as annual additions for

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

amended.

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

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

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

Oklahoma Statutes - Title 11. Cities and Towns Page 661

Internal Revenue Code of 1986, as amended, such repayment shall not

be taken into account for purposes of Section 415 of the Internal

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

the Internal Revenue Code of 1986, as amended.

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

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

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

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

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

disabled by reason of personal injuries or sickness, or amounts

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

the result of the death of the member.

J. For distributions made in limitation years beginning on or

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

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

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

election previously made on June 19, 1991, under Section 415(b)(10)

of the Internal Revenue Code of 1986, as amended.

L. All benefits payable from the Oklahoma Police Pension and

Retirement System, including payments from the deferred option plans

under Section 50-111.3 of this title, shall be paid from the general

assets of the Fund pursuant to subsection B of Section 50-105.6 of

this title.
Okla. Stat. tit. 11, § 11-11-118 — OK Code / Title 11 / Section 11-11-118
Appointments and removals - Personnel department
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 64

Appointments and promotions in the service of a statutory

strong-mayor-council city shall be made solely on the basis of merit

and fitness; and removals, demotions, suspensions and layoffs shall

be made solely for the good of the service. The council by

ordinance may establish a merit system and provide for its

organization and functioning, and provide for personnel

administration and regulations of personnel matters. If and when

the council establishes a merit system, it shall create a personnel

department, the head of which shall be a personnel director

appointed by the mayor for an indefinite term. The mayor may serve

also as personnel director.
Okla. Stat. tit. 11, § 11-22-104 — OK Code / Title 11 / Section 11-22-104
Right to engage in business - Public utilities and
Status: in_force

improvements - Eminent domain - Issuance of bonds - Lease of public

utility.

Every municipality shall have the right to:

1. Engage in any business or enterprise which may be engaged in

by a person, firm, or corporation by virtue of a franchise from the

municipality and to do all things necessary and proper in the

discretion of the governing body of the municipality pursuant to the

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

to maintain said business or enterprise for the benefit of the

municipality;

2. Acquire, own, and maintain, within or without its corporate

limits, real estate for sites and rights-of-way for any municipal

purpose including but not limited to public utility and public park

purposes, and for the location thereon of waterworks, electric light

and gas plants and other facilities for generating or distributing

energy, ports, airports, hospitals, quarantine stations, garbage

reduction plants, pipelines for the transmission and transportation

of gas, water, stormwater, and sewerage, and for any plant for the

manufacture of any material for public improvement purposes and

public buildings;

3. Exercise the right of eminent domain for any municipal

purpose, within or without its corporate limits, and to establish,

Oklahoma Statutes - Title 11. Cities and Towns Page 149

lay, and operate any plant or pipeline upon any land or right-of-way

taken pursuant to eminent domain. Any business or profession which

is affected by the right of eminent domain as exercised pursuant to

the provisions of this section shall be considered as a property

right of the owner thereof and proper allowance therefor shall be

made;

4. Exercise the right to manufacture any material for public

improvement purposes, and to barter or exchange the same for other

material to be used in public improvements in the municipality, or

to sell the same;

5. Issue and sell bonds subject to and by virtue of the

provisions of the Constitution of this state and in the manner and

form provided by law in order to raise the monies to establish and

maintain public utilities, parks, and improvements;

6. Sell or lease to any consumer or corporation, within or

without its boundaries, the commodities and services supplied by

such municipally owned or controlled public utility, business

enterprise, or improvement and to enter into such short- or long-

term contracts, agreements, and stipulations and do all things

necessary and proper to further the capability of the municipality

pursuant to the authority granted to it by the Oklahoma Statutes and

the Constitution of this state to provide said commodities and

services as may be deemed appropriate by the governing body of the

municipality;

7. Lease at a stipulated rental rate any public improvement or

utility from any person, firm, or corporation which will contract to

furnish the same. Any such rental contract shall reserve for the

municipality the option to purchase the improvement or utility in

the future; and

8. Exercise powers necessary to carry out the purpose of the

Local Development Act as set forth in Section 854 of Title 62 of the

Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-50-136.5 — OK Code / Title 11 / Section 11-50-136.5
Increase in benefits – Amount - Offset
Status: repealed

A. Except as provided in subsection B of this section, any

person receiving benefits from the Oklahoma Police Pension and

Retirement System as of June 30, 2001, who continues to receive

benefits on or after July 1, 2002, shall receive a five percent (5%)

increase in said benefits on July 1, 2002.

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

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

Statutes, after June 30, 2000, shall be offset by the increase in

benefits, if any, provided by this section.
Okla. Stat. tit. 11, § 11-50-136 — OK Code / Title 11 / Section 11-50-136
Increase in pension benefits
Status: repealed

A. Except as provided in subsection B of this section, any

person receiving benefits from the Oklahoma Police Pension and

Retirement System as of June 30, 1989, shall receive a five percent

(5%) increase in said benefits on July 1, 1990.

B. Any increase in benefits a person is eligible to recover or

has received during calendar year 1989 and 1990 pursuant to repealed

Section 50-120 of this title, shall be used to offset the increase

in benefits provided in subsection A of this section.

Oklahoma Statutes - Title 11. Cities and Towns Page 684
Okla. Stat. tit. 11, § 11-38-111 — OK Code / Title 11 / Section 11-38-111
Condemnation powers
Status: in_force

A. After the adoption by the municipal governing body of an

urban renewal plan and a resolution declaring that the acquisition

of real property described in the plan is necessary to the execution

of the plan, the Urban Renewal Authority designated as the agency to

execute such plan shall have the right to acquire by condemnation or

otherwise, any interest or right or combination of rights in real

property, including a fee simple title thereto, necessary to the

execution of the approved plan. Condemnation for the urban renewal

of blighted areas is declared to be a public use, and property

already devoted to any other public use or acquired by the owner or

his predecessor in interest by eminent domain may be condemned for

the purpose of this article. The award of compensation for real

property taken for such a project shall not be increased by reason

of any increase in the value of the real property caused by the

assembling, clearance, reconstruction, or proposed assembly,

clearance or reconstruction in the project area. No increment of

value shall accrue to such property as the result of any illegal or

unlawful use thereof. No allowance shall be made for the

improvements begun on real property after notice to the owner of

such property or the institution of proceedings to condemn such

property. Evidence shall be admissible bearing upon the insanitary,

unsafe, or substandard condition of the premises, or the lawful use

thereof.

B. Except as otherwise provided by subsection C of this

section, the Urban Renewal Authority shall have the right to acquire

by condemnation any interest in real property, including a fee

simple title thereto, which it may deem necessary for or in

connection with an urban renewal project under this article.

C. If an Urban Renewal Authority intends to acquire unimproved

real property pursuant to the power of condemnation authorized by

Oklahoma Statutes - Title 11. Cities and Towns Page 412

this article, the Urban Renewal Authority shall specifically

identify the parcels or tracts of real property which it intends to

acquire through condemnation to the governing body of the

municipality. The governing body of the municipality shall consider

the proposed acquisition of the unimproved real property during an

open meeting and shall be required to approve the proposed

acquisition by a majority vote of those persons constituting the

governing body of the municipality. No Urban Renewal Authority

shall acquire unimproved real property by condemnation unless the

acquisition has been specifically approved by the governing body of

the municipality as required by this subsection. An acquisition by

an Urban Renewal Authority of unimproved real property made without

the approval of the municipal governing body shall be void and

notwithstanding the completion of other proceedings an action may be

maintained by a person with a legal or equitable interest in the

subject real property to recover title to the real property or

possession of the real property or both title and possession of the

real property.

D. The procedure prescribed for railroad companies in Sections

51 et seq., of Title 66 of the Oklahoma Statutes, shall be followed

in acquiring property by eminent domain. Property already devoted

to public use may be acquired in like manner; provided, that no real

property belonging to the state or any political subdivision thereof

may be acquired without its consent.

E. In the event any Urban Renewal Authority in exercising any

of the powers conferred by this article makes necessary the

relocation, raising, rerouting or changing the grade of or altering

the construction of any railroad, common carrier or public utility

property or facility, all such relocation, raising, rerouting,

changing of grade or alteration of construction shall be

accomplished at the expense of the Urban Renewal Authority, provided

that the Urban Renewal Authority shall not disturb the possession or

operation of any railroad, common carrier, or public utility in or

to the appropriated property or facility until the relocated

property or facilities are available for use and until marketable

title thereto has been transferred to the railroad, common carrier

or public utility.

F. In any proceeding to fix or assess compensation for damages

for the taking (or damaging) of property, or any interest therein,

through the exercise of the power of eminent domain or condemnation,

evidence or testimony bearing upon the following matters shall be

admissible and shall be considered in fixing such compensation or

damages, in addition to evidence or testimony otherwise admissible:

1. Any use, condition, occupancy, or operation of such

property, which is unlawful or violative of, or subject to

elimination, abatement, prohibition, or correction under, any law or

any ordinance or regulatory measure of the state, county,

Oklahoma Statutes - Title 11. Cities and Towns Page 413

municipality, other political subdivision, or any agency thereof, in

which such property is located, as being unsafe, substandard,

insanitary or otherwise contrary to the public health, safety, or

welfare; and

2. The effect on the value of such property, or any such use,

condition, occupancy, or operation, or of the elimination,

abatement, prohibition, or correction of any such use, condition,

occupancy, or operation.

G. The foregoing testimony and evidence shall be admissible

notwithstanding that no action has been taken by any public body or

public officer toward the occupancy or operation. Testimony or

evidence that any public officer charged with the duty or authority

to do so has rendered, made or issued any judgment, decree,

determination or order for the abatement, prohibition, elimination

or correction of any such use, condition, occupancy, or operation

shall be admissible and shall be prima facie evidence of the

existence and character of such use, condition or operation.

H. In any condemnation proceedings in which a jury trial is

had, if the verdict of the jury exceeds the award of the court

appointed commissioners, the court may award a reasonable attorney

fee to the defendant or defendants, which shall be paid by the

condemner.
Okla. Stat. tit. 11, § 11-36-120 — OK Code / Title 11 / Section 11-36-120
Compromise of assessments and penalties
Status: in_force

If all the bonds or warrants secured by assessments in any

special assessment district in a municipality have been paid off and

retired, and there are any special assessment, assessments or

Oklahoma Statutes - Title 11. Cities and Towns Page 324

installments thereof remaining in the special assessment district

which have not been paid off or discharged, then the governing body,

in its discretion, may compromise and discharge the assessment,

assessments or installments therof, including penalties, for such

sum as the governing body determines to be in the best interest of

the municipality.
Okla. Stat. tit. 11, § 11-42-105 — OK Code / Title 11 / Section 11-42-105
Rights of municipal utilities and transmission
Status: in_force

companies.

No vacation of any plat or public way, or part thereof, shall

operate to invalidate or impair the right of any municipal utility

or regulated transmission company to continue to possess, occupy,

and use that part of the public ways, utility easements, or rights-

of-way existing within the affected area and occupied and used by

any municipal utility or regulated transmission company for the

performance of its public service undertaking. Said easements shall

be defined in any decree of vacation. The municipal utility or

regulated transmission company may maintain, replace, repair, and

Oklahoma Statutes - Title 11. Cities and Towns Page 463

operate its facilities, have unrestricted ingress and egress to said

locations, and remove its facilities without impairment by reason of

the vacation or partial vacation of any plat or public way.
Okla. Stat. tit. 11, § 11-14-113 — OK Code / Title 11 / Section 11-14-113
Liability for cost of medical care to defendant in
Status: in_force

custody of municipal officer.

When a defendant is in the custody of a municipal jail, the

custodial municipality shall only be liable for the cost of medical

care for conditions that are not preexisting prior to arrest and

that arise due to acts or omissions of the municipality.

Preexisting conditions are defined as those illnesses beginning or

Oklahoma Statutes - Title 11. Cities and Towns Page 86

injuries sustained before a person is in the peaceable custody of

the municipality’s officers.

An inmate receiving medical care for a preexisting condition or

a condition not caused by the acts or omissions of the municipality

shall be liable for payment of the cost of care, including but not

limited to, medication, medical treatment, and transportation costs,

for or relating to the condition requiring treatment.
Okla. Stat. tit. 11, § 11-24-113 — OK Code / Title 11 / Section 11-24-113
Rents, Rates and Other Charges; Corporation Commission
Status: in_force

Exemption.

Rents, Rates and Other Charges; Corporation Commission

Exemption. The Authority may establish, levy and collect or may

authorize, by contract, franchise, lease or otherwise, the

establishment, levying and collection of rents, rates and other

charges for the products and services afforded by the Authority or

by or in connection with any project which it may construct,

acquire, own, operate or control or with respect to which it may

have any interest or any right to the products and services thereof

as it may deem necessary, proper, desirable or reasonable. Rents,

rates and other charges shall be at least sufficient to meet the

operation, maintenance and other expenses thereof, including

reasonable reserves, interest and principal payments, including

payments into one or more sinking funds for the retirement of

principal, to comply with all terms and provisions of the bond

resolution, trust indenture or other security agreement relating to

the bonds issued in connection with any project, to accumulate any

excess income which may be required by the purchasers of such bonds

or may be dictated by the requirements of such bond resolution,

trust indenture or security agreement for achieving ready

marketability of and low interest on such bonds and to generate

funds sufficient to fulfill the terms of any other contracts or

agreements made by the Authority. The Authority may pledge its

rates, rents and other revenue, or any part thereof, as security for

the repayment, with interest and premium, if any, of any monies

borrowed by it or advanced to it for any of its authorized purposes

and as security for the payment of amounts due and owing by it under

any contract.

The Authority shall be exempt in any and all respects from the

jurisdiction or control of the Oklahoma Corporation Commission.

Nothing herein shall be construed as depriving the State of Oklahoma

of its power to regulate and control fees and/or charges to be

collected for the use of any products and services afforded by the

Authority, provided, that the State of Oklahoma does hereby pledge

to and agree with the purchasers and successive holders of the bonds

issued hereunder that the state will not limit or alter the power

hereby vested in the Authority to establish, levy and collect such

rents, rates and other charges as will produce revenue sufficient to

meet the operation, maintenance and other expenses set forth in the

preceding paragraph of this Section 13, or in any way to impair the

rights or remedies of the holders of the bonds, or of any person in

their behalf, until the bonds, together with the interest thereon,

with interest on unpaid installments of interest and all costs and

expenses in connection with any action or proceedings by or on

behalf of the bondholders and all other obligations of the Authority

in connection with such bonds are fully met and discharged.

Oklahoma Statutes - Title 11. Cities and Towns Page 229
Okla. Stat. tit. 11, § 11-36-103 — OK Code / Title 11 / Section 11-36-103
Sidewalk improvements generally
Status: in_force

For constructing and repairing sidewalks, and bringing them to

grade for that purpose, the governing body may:

1. Issue or sell bonds in the same manner as provided in

Section 22-128 of this title for issuing bonds for public

improvements; or

2. Make assessments on all lots and pieces of ground abutting

on the improvement, according to the front foot thereof, and proceed

with improving sidewalks in the manner provided for "Street

Improvements". When streets and sidewalks are graded, paved and

built at the same time, assessments for such improvements shall be

made at the same time and by the same appraisers.
Okla. Stat. tit. 11, § 11-22-117 — OK Code / Title 11 / Section 11-22-117
Traffic ordinances and regulations — Designation of
Status: in_force

school zone speed limits.

A. The municipal governing body may establish ordinances and

regulations governing the operation of motor vehicles and traffic

upon the roads and streets within the municipality in the manner

provided by, and not inconsistent with, state law. An ordinance or

regulation shall be consistent with state law if it is reasonably

related to traffic safety or control or flow of traffic and does not

contradict a specific provision of state law. The governing body

may also regulate and prevent racing and fast driving, and all

games, practices or amusements likely to result in damage to any

person or property, in the streets, highways, alleys, bridges,

sidewalks or other places in the municipality, and riding or driving

over or upon the sidewalks of the municipality.

B. Any municipal governing body which establishes ordinances

and regulations governing school zone speed limits, shall place

school zone signs designating the beginning and end of the zone on

the side or in the center of the roadway. Such end zone signing

shall be as follows:

1. On roadways of two driving lanes, only the end zone signing

may be on either side of the roadway or in the center of the

roadway; and

2. On roadways in excess of two driving lanes, the end zone

signing shall be on the right side of the roadway or in the center

of the roadway if said roadway is divided by a median.
Okla. Stat. tit. 11, § 11-23-102 — OK Code / Title 11 / Section 11-23-102
Defense of municipal employees - Procedure for request
Status: in_force

and defense.

If a municipality is to defend a municipal employee in a civil

action or special proceeding as provided for in Section 23-101 of

this title, the following procedure shall apply:

1. The employee shall make a written request to the governing

body of the municipality within ten (10) days after service of

summons on the employee. A copy of the request shall be transmitted

by the employee to his immediate supervisor and to the municipal

attorney or other designated legal counsel;

Oklahoma Statutes - Title 11. Cities and Towns Page 207

2. Before any defense is initiated, an inquiry shall be made by

the municipal governing body of the facts upon which the action or

special proceeding is based. Unless the governing body determines

that the employee was acting in good faith and in the course of his

employment, representation shall not be provided pursuant to the

provisions of Section 23-101 of this title;

3. Upon the decision of the municipal governing body to provide

representation for the employee, it shall direct an attorney to

appear and defend the action. Said attorney shall determine the

method of preparation and presentation of the defense and shall not

be held civilly liable for the exercise of such discretion;

4. The employee named in the action may employ private counsel

at his own expense to assist in his defense;

5. It shall be the duty of any municipal law enforcement agency

to provide investigators at the request of the designated attorney

to assist him in implementing the provisions of this section;

6. No findings or reports of the municipal governing body, the

designated attorney, or persons making inquiry subject to their

direction pursuant to the provisions of this section shall be

discoverable or admissible as evidence in any such action or special

proceeding, and no reference thereto shall be made in any such trial

or hearing; and

7. Any officer or employee who acts outside the scope of his

official authority shall be liable for damages in the same manner as

any private citizen.
Okla. Stat. tit. 11, § 11-36-304 — OK Code / Title 11 / Section 11-36-304
Delivery of bonds to contractor
Status: in_force

The cash prepayments and the bonds in the amount that may be

necessary for the purpose shall be turned over and delivered to the

contractor or assigns at par and accrued interest in payment of the

amount due, including advertising, engineering and appraising costs,

in accordance with the terms of the contract. The bonds shall be

executed and held by the municipality and delivered in parcels from

time to time upon the completion and approval of the work, or any

part thereof not less than one (1) block, in an amount equal to the

improvement so completed and accepted.
Okla. Stat. tit. 11, § 11-49-133 — OK Code / Title 11 / Section 11-49-133
Use of money for unauthorized purposes
Status: in_force

The Insurance Commissioner may examine the books and financial

records of the State Board and when a written complaint is made to

him under oath that any part of such money has been, or is being,

expended or applied for purposes other than those authorized by

Section 49-132 of this title, it shall be his duty to examine such

books and financial records to determine if such complaint is true

and if such an examination discloses that any such money has been,

or is being, expended or applied for purposes other than those

authorized, it shall be his duty to report that fact to the

Governor. Upon receiving such report, the Governor shall direct the

State Treasurer not to issue any warrants to the State Board for the

municipality involved until the Insurance Commissioner reports to

the Governor that all monies wrongfully expended or applied have

been replaced; provided that, the Governor may take such further

action as the situation may demand.