Okla. Stat. tit. 11, § 11-42-113 — OK Code / Title 11 / Section 11-42-113
Hearing and disposition of petition to foreclose or
Status: in_force

reopen.

A. At the hearing on the petition, the district court shall

inquire into the merits of the petition and take testimony as in any

special proceeding and, upon determination of the issues, may:

1. grant the foreclosure of the right to reopen the public way

or easement unless the municipality has established that it has a

present or future reason to reopen or use the public way or easement

as a public way or easement;

2. grant the request to reopen the public way or easement;

3. deny the petition; or

4. make any proper order pursuant to the facts and the law.

B. The order granting foreclosure of the right to reopen the

vacated public way or easement, or portion thereof, shall vest a

Oklahoma Statutes - Title 11. Cities and Towns Page 469

complete fee simple title in and to the vacated part or portion

thereof which reverted to the real estate.

C. When any public way or easement is vacated, the same shall

revert to the owners of real estate adjacent to such public way or

easement on each side, in proportion to the frontage of the real

estate, except in cases where such public way or easement has been

taken and appropriated to public use in a different proportion, in

which case it shall revert to adjacent lots or real estate in

proportion to which it was taken from them or dedicated. Provided,

however, when any public way or easement so vacated remains bounded

on all sides by public ways, public grounds, or public easements,

title to the entire tract vacated shall vest in the municipality but

may then be used by the municipality or a leasehold conveyed by act

of the governing body for any lawful purpose, public or private.
Okla. Stat. tit. 11, § 11-41-102 — OK Code / Title 11 / Section 11-41-102
Lots to be numbered and described in plat
Status: in_force

All lots shall be numbered in progressive numbers, and their

precise length and width shall be stated on the plat or map,

together with any streets, alleys, or roads which divide or border

the lots. Angles or bearings shall be given on all block lines and

lot lines not parallel to block lines.
Okla. Stat. tit. 11, § 11-50-124 — OK Code / Title 11 / Section 11-50-124
Exemption of System funds from legal process -
Status: in_force

Assignment or transfer void - Exception of qualified domestic orders

- Offset for offenses involving the System.

A. Except as otherwise provided by this section, no portion of

any of the funds of the System shall, either before or after any

order made by the State Board for payment to any person entitled to

a pension or allowance, be held, seized, taken, subjected to, or

detained, or levied on by virtue of any garnishment, attachment,

execution, injunction, or other order or decree or any process or

proceeding whatever, issued out of or by any court of this state for

the payment or satisfaction, in whole or in part, of any debt,

damage, claim, demand or judgment against any such person entitled

to payment, nor shall said payments or any claim thereto be directly

or indirectly assigned, and any attempt to assign or transfer the

same shall be void. The said funds shall be held, invested, secured

and distributed for the purposes named in this article, and for no

other purpose whatever.

Oklahoma Statutes - Title 11. Cities and Towns Page 675

B. 1. The provisions of subsection A of this section shall not

apply to a qualified domestic order as provided pursuant to this

subsection.

2. The term "qualified domestic order" means an order issued by

a district court of this state pursuant to the domestic relation

laws of the State of Oklahoma which relates to the provision of

marital property rights to a spouse or former spouse of a member or

provision of support for a minor child or children and which creates

or recognizes the existence of the right of an alternate payee, or

assigns to an alternate payee the right, to receive a portion of the

benefits payable with respect to a member of the System.

3. For purposes of the payment of marital property, to qualify

as an alternate payee, a spouse or former spouse must have been

married to the related member for a period of not less than thirty

(30) continuous months immediately preceding the commencement of the

proceedings from which the qualified domestic order issues.

4. A qualified domestic order is valid and binding on the State

Board and the related member only if it meets the requirements of

this subsection.

5. A qualified domestic order shall clearly specify:

a. the name and last-known mailing address (if any) of

the member and the name and mailing address of the

alternate payee covered by the order,

b. the amount or percentage of the member's benefits to

be paid by the System to the alternate payee,

c. the number of payments or period to which such order

applies,

d. the characterization of the benefit as to marital

property rights or child support, and

e. each plan to which such order applies.

6. A qualified domestic order meets the requirements of this

subsection only if such order:

a. does not require the System to provide any type or

form of benefit, or any option not otherwise provided

under state law as relates to the System,

b. does not require the System to provide increased

benefits, and

c. does not require the payment of benefits to an

alternate payee which are required to be paid to

another alternate payee pursuant to another order

previously determined to be a qualified domestic order

or an order recognized by the System as a valid order

prior to the effective date of this act.

7. A qualified domestic order shall not require payment of

benefits to an alternate payee prior to the actual retirement date

of the related member.

Oklahoma Statutes - Title 11. Cities and Towns Page 676

8. The obligation of the System to pay an alternate payee

pursuant to a qualified domestic order shall cease upon the death of

the related member.

9. This subsection shall not be subject to the provisions of

the Employee Retirement Income Security Act of 1974 (ERISA), 29

U.S.C.A. Section 1001, et seq., as amended from time to time, or

rules and regulations promulgated thereunder, and court cases

interpreting said act.

10. The Oklahoma Police Pension and Retirement Board shall

promulgate such rules as are necessary to implement the provisions

of this subsection.

11. An alternate payee who has acquired beneficiary rights

pursuant to a valid qualified domestic order must fully comply with

all provisions of the rules promulgated by the State Board pursuant

to this subsection in order to continue receiving his or her

benefit.

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

effective August 5, 1997, the State Board may approve any offset of

a member's benefit to pay a judgment or settlement against the

member for a crime involving the System or for a breach of the

member's fiduciary duty to the System, provided such offset is in

accordance with the requirements of Section 401(a)(13) of the

Internal Revenue Code of 1986, as amended.

D. The provisions of subsection A of this section shall not

apply to a Child Support Enforcement Division order for a support

arrearage pursuant to Section 240.23 of Title 56 of the Oklahoma

Statutes and current child support payments made pursuant to a valid

court order.
Okla. Stat. tit. 11, § 11-51-112 — OK Code / Title 11 / Section 11-51-112
Matters requiring appropriation of moneys - Notice
Status: in_force

Whenever wages, rates of pay or any other matters requiring

appropriation of moneys by any municipality are included as matters

of collective bargaining conducted under the provisions of this

article, it is the obligation of the bargaining agent to serve

written notice of request for collective bargaining on the corporate

authorities at least one hundred twenty (120) days before the last

day on which moneys can be appropriated by the municipality to cover

the contract period which is the subject of the collective

bargaining procedure.
Okla. Stat. tit. 11, § 11-5-103 — OK Code / Title 11 / Section 11-5-103
Election on city incorporating as town - Ballots
Status: in_force

The election shall be conducted in accordance with applicable

election laws. A separate ballot shall be prepared for submitting

the question of whether or not the city shall become an incorporated

town. The ballot shall be in substantially the following form:

Shall the City of _________ become an incorporated town and

be known as the Town of ________?

( ) Yes.

( ) No.
Okla. Stat. tit. 11, § 11-22-158 — OK Code / Title 11 / Section 11-22-158
General obligation bonds not authorized without vote of
Status: in_force

citizens.

Nothing in this act shall authorize general obligation bonds

without a vote of the citizens of the municipality.
Okla. Stat. tit. 11, § 11-22-150 — OK Code / Title 11 / Section 11-22-150
Short title
Status: in_force

Sections 1 through 9 of this act shall be known and may be cited

as the "Oklahoma Municipal Utility Revenue Bond Act".
Okla. Stat. tit. 11, § 11-42-106.1 — OK Code / Title 11 / Section 11-42-106.1
Amendment of restrictive covenant on property in
Status: in_force

residential addition — Creation of neighborhood association —

Discriminatory restrictive covenants.

A. Any restrictive covenant on property contained in a

residential addition may be amended if:

Oklahoma Statutes - Title 11. Cities and Towns Page 464

1. The restrictive covenant has been in existence for at least

ten (10) years and the amendment is approved by the owners of at

least seventy percent (70%) of the parcels contained in the addition

or the amount specified in the restrictive covenant, whichever is

less; or

2. The restrictive covenant has been in existence for at least

fifteen (15) years and the amendment is approved by the owners of at

least sixty percent (60%) of the parcels contained in the addition

or the amount specified in the restrictive covenant, whichever is

less.

B. Where a preliminary plat has been filed for a residential

addition, the requirements of paragraphs 1 and 2 of subsection A of

this section shall include all the parcels contained in the

preliminary plat.

C. In the absence of a provision providing for the amendment of

the restrictive covenants of a residential addition the requirements

of paragraphs 1 and 2 of subsection A of this section shall apply.

A thirty-day notice of any meeting called to amend the restrictive

covenants shall be provided to the owners of every parcel contained

in the addition. Each parcel shall be entitled to one vote.

D. The recorded restrictive covenants on property contained in

a residential addition may be amended by the addition of a new

covenant creating a neighborhood association for the addition that

would require the mandatory participation of the successors-in-

interest of all record owners of parcels within the addition at the

time the amendment is recorded. The amendment must be approved by

the record owners of at least sixty percent (60%) of the parcels

contained in the addition and shall be subject to the following:

1. The amendment shall provide that participation in the

neighborhood association created by the amendment shall not be

mandatory for persons who are record owners of parcels within the

residential addition at the time the amendment is filed of record,

but such participation shall be mandatory for all successors-in-

interest of the record owners;

2. The amendment must provide that the concurring vote of not

less than sixty percent (60%) of the record owners of parcels

contained in the addition shall be necessary for the establishment

or change of dues for the neighborhood association; and

3. Following approval, the amendment shall be filed of record

in the office of the county clerk of the county wherein the

residential addition is located against all parcels within the

addition. The term amendment may apply to an existing covenant or

to a new subject not addressed in existing covenants.

A thirty-day written notice of any meeting called to approve any

such amendment shall be provided to the owners of every parcel

contained in the residential addition. The notice of such meeting

shall be published in a newspaper in the county at least fourteen

Oklahoma Statutes - Title 11. Cities and Towns Page 465

(14) days before the meeting. The notice shall also be given by

publication in the neighborhood newsletter. Each parcel within the

addition shall be entitled to one vote. Any amendment approved and

recorded pursuant to this subsection may thereafter be revoked by

approval of sixty percent (60%) of the record owners of parcels

within the addition.

E. A municipality may amend an existing plat which was

previously filed with the office of the county clerk of the county

where the addition is located to remove an illegal discriminatory

restrictive covenant pursuant to the Fair Housing Act, 42 U.S.C.,

Section 3601 et seq. The amendment shall be filed on record in the

office of the county clerk of the county where the addition is

located against all parcels within the addition after:

1. The municipality provides thirty (30) days’ written notice

to all property owners of all parcels within the addition of the

proposed amendment to remove an illegal discriminatory restrictive

covenant, the notice including the time, date, and place of the

planning commission meeting where the amendment will be considered;

and

2. The governing body of the municipality approves the amended

plat.

Nothing in this subsection shall be construed as requiring the

approval of the amended plat by the property owners of all parcels

within the addition.

F. An illegal discriminatory restrictive covenant contained on

a plat is not enforceable in this state, and all illegal

discriminatory restrictive covenants contained in plats recorded in

this state are unlawful, unenforceable, and declared null and void.

Any illegal discriminatory restrictive covenant contained in an

existing plat is extinguished and severed from the plat, with the

remainder of such plat remaining enforceable and effective.
Okla. Stat. tit. 11, § 11-36-226 — OK Code / Title 11 / Section 11-36-226
Renewing improvements
Status: in_force

If the municipal governing body shall deem it necessary to pave,

construct, macadamize, chat or gravel, curb, gutter, drain, or

otherwise improve any street, avenue, alley, lane or any part

Oklahoma Statutes - Title 11. Cities and Towns Page 339

thereof, which shall have been heretofore paved, constructed,

macadamized, curbed, guttered, drained, or otherwise improved, the

improvement is authorized to be done in accordance with the

procedures on street improvements. In such case, the provisions of

Sections 36-201 through 36-312 of this title for making improvements

and levying assessments therefor and the issuance of bonds shall

apply.
Okla. Stat. tit. 11, § 11-50-136.9 — OK Code / Title 11 / Section 11-50-136.9
Increase in benefits – July 1, 2020 - 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, 2019, who continues to receive

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

benefits as follows:

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

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

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

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

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

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

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

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

Statutes, after June 30, 2008, shall be offset by the increase in

benefits, if any, provided by this section.
Okla. Stat. tit. 11, § 11-37-116 — OK Code / Title 11 / Section 11-37-116
Action for damages for pollution of municipal water
Status: in_force

supply.

A municipality shall have a right of action for damages

resulting from pollution of its water supply, as provided in Section

37-115 of this title, and the measure of damages shall be the amount

which will compensate for the detriment caused thereby, whether it

could have been anticipated or not. Where such pollution is

continued for a period of six (6) months or more, the injury shall

be regarded as permanent.
Okla. Stat. tit. 11, § 11-5-106 — OK Code / Title 11 / Section 11-5-106
Indebtedness assumed by incorporated town
Status: in_force

All indebtedness of any nature, whether resulting from a bond

issue or otherwise, shall be assumed by the incorporated town.
Okla. Stat. tit. 11, § 11-27-108 — OK Code / Title 11 / Section 11-27-108
Municipal attorney as prosecutor
Status: in_force

The municipal attorney of each municipality where a municipal

court is established may be the prosecutor of the municipal court.

The prosecutor shall have full power to prosecute for the violations

of any ordinance of the municipality in the municipal court and

shall have the power to prosecute and resist appeals and proceedings

in error and review from the municipal court.

Oklahoma Statutes - Title 11. Cities and Towns Page 242
Okla. Stat. tit. 11, § 11-51-103 — OK Code / Title 11 / Section 11-51-103
Collective bargaining rights – Bargaining agents
Status: in_force

A. Firefighters and police officers in any municipality shall

have the separate right to bargain collectively with their

municipality and to be represented by a bargaining agent in such

collective bargaining with respect to wages, salaries, hours, rates

of pay, grievances, working conditions and all other terms and

conditions of employment.

B. A municipal employer shall recognize a bargaining agent

selected by a majority of the firefighters of the fire department or

police officers of the police department of that municipality as the

exclusive bargaining agent for the firefighters or police officers

of that municipality until a majority of the firefighters or police

officers withdraw the recognition. Bargaining agents recognized by

municipalities and having bargained with municipalities, prior to

the effective date of this act, shall continue to be so recognized

without a new selection by the majority of the firefighters or

police officers.

1. The bargaining agent representing the department as the

exclusive bargaining agent shall be determined by a majority vote of

the police or firefighters of the department.

2. A question of whether a bargaining agent is the exclusive

bargaining agent of the respective police or firefighters of a

department shall be resolved by a fair election paid for by the

bargaining agent or employees and conducted according to procedures

agreed on by the parties. Such question arises where no bargaining

agent is currently recognized as a bargaining agent or where a

bargaining agent is recognized and another bargaining agent presents

proof they represent at least forty percent (40%) of the respective

police or firefighters of a department.

Any vote or ballot authorized by the agreed procedures shall be

accompanied by a copy of the voter's driver license or other state-

authorized identification card, and any vote or ballot submitted in

person shall only be received by providing the same. The bargaining

agent seeking to represent the members of the department and the

municipality shall each be entitled to select one person to observe

the counting and tabulating of ballots cast in the election.

3. If the parties are unable to agree on election procedures

under paragraph 2 of this subsection, either party may request the

American Arbitration Association to conduct the election and certify

the results. Certification of the results of an election under this

paragraph shall resolve the question regarding representation. Any

expenses of the election imposed by the American Arbitration

Oklahoma Statutes - Title 11. Cities and Towns Page 692

Association shall be borne in equal shares by both parties, except

that, if any fraudulent activity occurs in the election procedures

or in tabulating the votes, the offending party shall solely bear

the expense.

4. No election shall be conducted in any bargaining unit which,

in the preceding twelve-month period, a valid election has been

held.
Okla. Stat. tit. 11, § 11-47-122 — OK Code / Title 11 / Section 11-47-122
Enforcement of building line ordinance - Board of
Status: in_force

adjustment - Appeals.

The council shall provide for the method by which its building

or setback regulations shall be enforced and shall provide for a

board of adjustment with powers to modify or vary the regulations,

in specific cases, in order that unwarranted hardships, which

constitute an unreasonable deprivation or use as distinguished from

the mere grant of a privilege, may be avoided, the intended purpose

of the regulations being strictly observed and the public welfare

and public safety protected. If there is a board of zoning

adjustment such board shall be appointed to serve as the board of

adjustment for the building or setback line regulations. Regulations

authorized under the provisions of this section shall not be

adopted, changed or amended until a public hearing has been held

thereon by the commission, public notice of which shall be given in

the manner provided by law. Appeals may be taken from any order,

regulation or action of a board of adjustment as provided in this

section in the manner provided by law for appeals from orders of the

board of adjustment in zoning cases.
Okla. Stat. tit. 11, § 11-37-118 — OK Code / Title 11 / Section 11-37-118
Acquisition of title or interest of land or water in
Status: in_force

adjoining states.

For use in connection with the acquisition, establishment,

betterment or expansion, and the maintenance or operation of its

municipal waterworks system, any municipality may acquire title to,

or any lesser interest in, any lands or water rights, or both, in

any state adjoining the State of Oklahoma, which lie within any

watershed from which the municipality obtains, or desires to obtain,

its municipal water supply. The municipality may acquire any

necessary easements or rights-of-way for pipelines to convey water

from such water supply to a point or points within the State of

Oklahoma, over and across lands not within such watershed, if, and

to the extent, and in the manner, permitted by the laws of the

adjoining state.
Okla. Stat. tit. 11, § 11-50-136.4 — OK Code / Title 11 / Section 11-50-136.4
Benefit increase - 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, 1999, who continues to receive

benefits on or after July 1, 2000, shall receive a four and seven-

tenths percent (4.7%) increase in said benefits on July 1, 2000.

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, 1998, shall be offset by the increase in

benefits, if any, provided by this section.
Okla. Stat. tit. 11, § 11-33-114 — OK Code / Title 11 / Section 11-33-114
Department of Tourism and Recreation - Aid and
Status: in_force

assistance - Existing authority not impaired.

The Oklahoma Tourism and Recreation Department may provide, upon

request, to the governmental units of Oklahoma or to any

nongovernmental agency or organization, aid and assistance in

Oklahoma Statutes - Title 11. Cities and Towns Page 297

planning for the development of wholesome and adequate community

recreation programs. The Department may provide a supervisor of

recreation, who is technically trained, with adequate administrative

experience in the field of community recreation, to encourage,

consult with, aid and assist such governmental units and agencies in

establishing recreation programs. The supervisor of recreation may

encourage and render assistance in the promotion of training

programs for volunteer and professional recreation leaders in

cooperation with other agencies, organizations and institutions, and

may encourage the establishment of standards for recreation

personnel. The Department may act jointly with other state

agencies, institutions, departments, boards or commissions, to

coordinate the park and recreational functions at the state level of

government. Nothing in Sections 33-101 through 33-115 of this title

shall be construed as limiting or impairing the authority or

responsibility of any other department or agency of the State of

Oklahoma under any other act.
Okla. Stat. tit. 11, § 11-56-105 — OK Code / Title 11 / Section 11-56-105
Municipal political committee organization statements
Status: in_force

Every municipal political committee shall file a statement of

organization with the Ethics Commission subject to the same

requirements as set forth for political committees required to file

statements of organization 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, § 11-27-102 — OK Code / Title 11 / Section 11-27-102
Resolution of governing body
Status: in_force

Before a municipal court not of record may be put into

operation, the municipal governing body shall determine by

resolution that the efficient disposition of cases involving the

violation of municipal ordinances necessitates putting the court

into operation. The governing body shall cause a certified copy of

the resolution to be filed in the office of the county clerk of each

county in which the municipality is located. The resolution and the

Oklahoma Statutes - Title 11. Cities and Towns Page 239

filing thereof shall be judicially noticed in all courts of this

state.
Okla. Stat. tit. 11, § 11-22-135 — OK Code / Title 11 / Section 11-22-135
National disaster leave
Status: in_force

A. The governing body of a municipality may grant leave with

pay not to exceed fifteen (15) working days to a municipal employee

who is affected by a presidentially declared national disaster in

Oklahoma after May 1, 1999, if:

1. The employee suffered a physical injury as a result of the

disaster;

2. A relative or household member of the employee suffered a

physical injury or died as a result of the disaster; or

3. The domicile of the employee or the domicile of a relative

of the employee was damaged or destroyed as a result of the

disaster.

B. As used in this section:

1. “Relative of the employee” shall be limited to the spouse,

child, stepchild, grandchild, grandparent, stepparent, or parent of

the employee; and

2. “Household members” means those persons who reside in the

same home, who have reciprocal duties to and do provide financial

support for one another. This term shall include foster children

and legal wards even if they do not live in the household. The term

does not include persons sharing the same general house, when the

living style is primarily that of a dormitory or commune.

C. The authority to grant leave with pay pursuant to subsection

A of this section shall extend for a period of not more than six (6)

months after the date of a presidentially declared national

disaster.

D. Annual leave, sick leave, or compensatory time which was

charged to a municipal employee as a result of the presidentially

declared national disaster resulting from the May 3, 1999, tornadoes

that would have otherwise been eligible for the leave provision in

subsection A of this section, may be reinstated by the governing

body. A municipal employee entitled to leave with pay pursuant to

this section who was charged leave without pay shall be compensated

at the base rate of pay of the employee.

Oklahoma Statutes - Title 11. Cities and Towns Page 189

E. A governing body of a municipality may amend an existing

leave sharing program or establish a leave sharing program to allow

municipal employees to share sick or annual leave with municipal

employees who are eligible for leave pursuant to subsection A of

this section. The disaster-related leave sharing plan shall be

subject to the following conditions:

1. An employee eligible for disaster-related leave may receive

up to fifteen (15) days donated leave;

2. The donated leave must be used for disaster-related injuries

or matters;

3. The eligible employee shall not be required to take or

exhaust any of the employee’s regular sick, personal, or emergency

leave in order to receive donated leave;

4. Donated leave may be used to reinstate regular emergency,

sick, or personal leave an employee used after May 1, 1999, for

disaster-related injuries or matters;

5. An eligible employee who was required to take leave without

pay for disaster-related injuries or matters may be compensated for

up to fifteen (15) days if leave is donated to cover the leave

without pay; and

6. The municipality may require documentation to support a

request to use donated leave pursuant to this section.
Okla. Stat. tit. 11, § 11-11-122 — OK Code / Title 11 / Section 11-11-122
Political appointments or promotions prohibited -
Status: in_force

Review of alleged violations.

A. Neither the mayor nor any other appointing authority may

appoint or promote any person to any office or position in the

classified service of the city for any political reason nor for any

reason other than merit and fitness.

B. A qualified elector of the city may bring an alleged

violation of this section before the city personnel board for

consideration and determination. Alleged violations shall be made

in the form of a sworn complaint charging that a designated person

has been appointed or promoted to an office or position in the

classified service in violation of this section. The complaint

shall be filed with the secretary or chairman of the personnel board

not later than sixty (60) days after the effective date of such

appointment or promotion, and shall be accompanied by a deposit of

Twenty Dollars ($20.00) for payment of costs. The personnel board

shall provide adequate opportunity for a public hearing on the

complaint. If the board finds to its satisfaction that the

appointment or promotion was made in violation of this section, it

shall veto the appointment or promotion. The appointment or

promotion shall thereby be nullified and the money deposit shall be

returned to the complainant.
Okla. Stat. tit. 11, § 11-48-103 — OK Code / Title 11 / Section 11-48-103
Fund required in every municipality - Payments exempt
Status: in_force

from attachment, etc. - Exception of qualified domestic orders.

A. Every municipality establishing a retirement fund and system

shall provide a fund or contribute to a fund which shall be paid to

and received by the municipal treasurer along with funds received

from a duly constituted authority of the municipality for the use

and benefit of the persons eligible for retirement benefits in such

amount as the municipality shall provide by ordinance.

B. Money on hand in this fund shall not be available for any

other purpose and shall not be used for any purpose other than for

retirement benefits to eligible persons.

C. Except as otherwise provided by this section, sums of money

due or to become due to any employee or retired employee shall not

be liable to attachment, garnishment, levy, or seizure in any manner

under any legal or equitable process, whether such sums remain in

the hands of the treasurer of the retirement system or of any

official or agent of the retirement system, or are in the course of

transmission to the employee or retired employee entitled thereto,

but shall inure wholly to the benefit of such employee or retired

employee.

D. 1. The provisions of subsection C of this section shall not

apply to a qualified domestic order as provided in this subsection.

2. The term "qualified domestic order" means an order issued by

a district court of this state, pursuant to the domestic relations

laws of the State of Oklahoma, which relates to the provision of

marital property rights to a spouse or former spouse of a member of

any retirement fund created pursuant to subsection A of this

section, or to the provision of support for a minor child or

children, and which creates or recognizes the existence of the right

of an alternate payee, or assigns to an alternate payee the right,

to receive a portion of the benefits payable with respect to a

Oklahoma Statutes - Title 11. Cities and Towns Page 510

member and amounts payable to a plan participant of any retirement

plan created pursuant to subsection A of this section.

3. For purposes of the payment of marital property, to qualify

as an alternate payee, a spouse or former spouse must have been

married to the related member for a period of not less than thirty

(30) continuous months immediately preceding the commencement of the

proceedings from which the qualified domestic order issues.

4. A qualified domestic order is valid and binding on the

municipality and the related member only if it meets the

requirements of this subsection.

5. A qualified domestic order shall clearly specify:

a. the name and last-known mailing address, if any, of

the member and the name and mailing address of the

alternate payee covered by the order,

b. the amount or percentage of the member's benefits to

be paid by the retirement system to the alternate

payee,

c. the number of payments or period to which such order

applies,

d. the characterization of the benefit as to marital

property rights or child support, and

e. each plan to which such order applies.

6. A qualified domestic order meets the requirements of this

subsection only if such order:

a. does not require the retirement system to provide any

type or form of benefit, or any option not otherwise

provided under state law as relates to the retirement

system,

b. does not require the retirement system to provide

increased benefits, and

c. does not require the payment of benefits to an

alternate payee which are required to be paid to

another alternate payee pursuant to another order

previously determined to be a qualified domestic order

or an order recognized by the retirement plan as a

valid order prior to the effective date of this

section.

7. A qualified domestic order shall not require payment of

benefits to an alternate payee prior to the actual retirement date

or withdrawal of the related member.

8. The obligation of the retirement system to pay an alternate

payee pursuant to a qualified domestic order shall cease upon the

death of the related member.

9. This subsection shall not be subject to the provisions of

the Employee Retirement Income Security Act of 1974 (ERISA), 29

U.S.C.A., Section 1001 et seq., as amended from time to time, or

rules promulgated thereunder and court cases interpreting said act.

Oklahoma Statutes - Title 11. Cities and Towns Page 511

10. The municipality may adopt such provisions as are necessary

to implement the provisions of this subsection.

11. An alternate payee who has acquired beneficiary rights

pursuant to a valid qualified domestic order shall fully comply with

all provisions of the requirements imposed by the municipality

pursuant to this section in order to continue receiving benefits.

E. This 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.
Okla. Stat. tit. 11, § 11-28-101 — OK Code / Title 11 / Section 11-28-101
Municipal criminal courts of record - Cities with
Status: in_force

population over 65,000 - Resolution.

A. In cities having a population of more than sixty-five

thousand (65,000) inhabitants, as determined by the latest federal

census, there is hereby created a "Municipal Criminal Court of

Record of the City of ___________", subject to the restrictions of

subsection B of this section. References in Sections 28-101 through

28-128 of this title to the municipal criminal court of record shall

mean the courts established by the provisions of this article in

cities over sixty-five thousand (65,000) population.

B. Before a municipal criminal court of record not in existence

before November 1, 2004, may be created, the municipal governing

body shall determine by resolution that the efficient disposition of

cases involving the violation of municipal ordinances necessitates

creating a court of record. If such a resolution is not adopted,

the criminal court of the municipality shall remain a court not of

record. The governing body shall cause a certified copy of the

resolution to be filed in the office of the county clerk of each

county in which the municipality is located. The resolution and the

filing thereof shall be judicially noticed in all courts of this

state. The provisions of this subsection shall not apply to any

municipal criminal court of record created prior to November 1,

2004, and such courts shall have all the powers and duties

heretofore provided for such courts.
Okla. Stat. tit. 11, § 11-11-101 — OK Code / Title 11 / Section 11-11-101
Strong-mayor-council form of government
Status: in_force

The form of government provided by Sections 11-101 through 11-

125 of this title shall be known as the statutory strong-mayor-

council form of city government. Cities governed under the statutory

strong-mayor-council 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 statutory strong-mayor-council

form, or if the manner is not thus prescribed, then in such manner

as the council may prescribe.
Okla. Stat. tit. 11, § 11-47-118 — OK Code / Title 11 / Section 11-47-118
Erection of buildings
Status: in_force

After the city planning commission has adopted a major street

plan of the territory within its subdivision jurisdiction or part

thereof, no building shall be erected on any lot within the

territory or part, nor shall a building permit be issued therefor

unless the street giving access to the lot upon which the building

is proposed to be placed:

1. Shall have been accepted or opened as or shall otherwise

have received the legal status of a public street prior to that

time; or

2. Corresponds with a street shown on the official master plan

or with a street on a subdivision plat approved by the commission or

with a street accepted by council, after submission to the

commission, by the favorable vote required in Section 47-117 of this

title.

Any building erected in violation of this section shall be deemed an

unlawful structure, and the building inspector or other appropriate

official may cause it to be vacated and have it removed.
Okla. Stat. tit. 11, § 11-37-502 — OK Code / Title 11 / Section 11-37-502
Allocation of funds – Application for funds -
Status: in_force

Eligibility.

A. The monies in the Municipal Road Drilling Activity Revolving

Fund shall be allocated by the Oklahoma Department of Transportation

Oklahoma Statutes - Title 11. Cities and Towns Page 396

only to municipalities having a population of less than fifteen

thousand (15,000) persons according to the Federal Decennial Census

or most recent population estimate to repair damage to municipal

roads caused by or reasonably caused by increased use of such roads

resulting from oil or gas drilling activity. The damage may be

attributable to traffic associated with exploration and drilling

activity, completion of an oil or gas well, production from an oil

or gas well, servicing during the period of production, repairs or

other necessary activity associated with the drilling or production

activity, and other actions necessary for the operation or cessation

of drilling or production activities.

B. A municipality seeking funds for distribution pursuant to

the provisions of Section 2 of this act and this section shall make

application to the Oklahoma Department of Transportation on such

forms as may be prescribed by the Department for such purpose. The

initial application shall be filed not later than May 1, 2023.

C. A municipality shall be required to provide twenty-five

percent (25%) of the total project costs in order to be eligible for

distribution of funds from the Municipal Road Drilling Activity

Revolving Fund.

D. The Department shall review applications in the order in

which they are received and shall make distribution of funds based

on analysis of considerations of public safety, volume of traffic

which contributes to the need for repairs, and such other factors as

the Department may determine to be relevant. The initial

distribution of funds shall take place not later than October 1,

2023.

E. If the Department determines that the damage to a road has

been caused or reasonably has been caused by increased traffic

related to oil and gas drilling or production activity as provided

by this section, the Department shall transfer the eligible amount

of funds to the municipality for deposit into the municipal general

fund or such other public fund as the municipality shall specify in

its application.

F. Funds distributed pursuant to the provisions of this section

shall only be used by a municipality for the repair of roads

according to the requirements of this act and shall not be used to

construct a new road unless the damage to an existing road has

become extensive enough to require such replacement.
Okla. Stat. tit. 11, § 11-16-109 — OK Code / Title 11 / Section 11-16-109
Eligibility and manner of becoming party candidate
Status: in_force

To be eligible to become a candidate for a political party

nomination in a municipality’s partisan primary election, or an

independent candidate in such municipality’s general election, a

person must for at least six (6) months prior to filing a

declaration of candidacy be a registered voter at an address within

the municipality or in the ward if an office is from a ward. To

become a candidate, a declaration of candidacy must be filed with

the county election board no earlier than 8:00 a.m. on the first

Monday in December and no later than 5:00 p.m. on the next

succeeding Wednesday.
Okla. Stat. tit. 11, § 11-46-101 — OK Code / Title 11 / Section 11-46-101
Regional planning commissions - Appointment authorized
Status: in_force

- Members - Compensation.

Any municipality may appoint a regional planning commission. The

members of the regional planning commission shall consist of the

members of the municipal planning commission. The mayor, municipal

engineer, chairman of the board of county commissioners, and county

engineer shall be ex officio voting members of the commission but

shall not be counted for purposes of a quorum. Members of the

regional planning commission shall serve without pay.
Okla. Stat. tit. 11, § 11-38-123 — OK Code / Title 11 / Section 11-38-123
Apportionment of mileage
Status: in_force

For every year in which tax increment allocations are used by a

city or an Urban Renewal Authority, the county excise board shall

apportion to the city in which such tax increment allocation

district is located, a part of the millage authorized by subsection

(a) of Section 9 of Article X of the Oklahoma Constitution. The

procedure for apportioning such millage shall be as follows:

1. Upon notice of such use by the city, the county assessor

shall reassess the amount of increase from the base year net

assessed valuation of real property within a tax increment

allocation district and shall certify such amount to the county

clerk and the county excise board before July 1 of each year. Such

amount, to the extent not already included, shall be added to the

net assessed valuation of the tax increment allocation district and

the total shall be referred to as the current year net assessed

valuation;

2. The county excise board shall then determine the amount to

be apportioned. The procedure for determining such amount shall be

as follows:

a. compute the revenue derived from the tax

increment allocation district's base year net assessed valuation by

multiplying the total millage levied during the prior year against

the base year net assessed valuation of the tax increment allocation

district,

b. compute the revenue derived from the tax

increment allocation district's current year net assessed valuation

by multiplying the total millage levied during the prior year

against the current year net assessed valuation of the tax increment

allocation district,

c. compute the incremental tax revenue of the tax

increment allocation district subtracting the revenue derived from

the base year net assessed valuation from the revenue derived from

the current year net assessed valuation, and

Oklahoma Statutes - Title 11. Cities and Towns Page 427

d. divide the incremental tax revenue by the

current year net assessed valuation of the city in which the tax

increment allocation district is located.

The result represents the amount of millage to be apportioned by the

county excise board to the city in which the tax increment

allocation district is located;

3. The county excise board shall then apportion such amount to

the city, for use for urban renewal and urban redevelopment

purposes, in accordance with Section 2495 of Title 68 of the

Oklahoma Statutes, provided that in no event shall the apportionment

authorized by this section exceed one-half (1/2) mill; and

4. Such allocations with respect to a tax increment allocation

district shall terminate upon the expiration of thirty (30) years or

such earlier date as may be determined by the municipality.
Okla. Stat. tit. 11, § 11-29-204 — OK Code / Title 11 / Section 11-29-204
Minimum rules and regulations of volunteer fire
Status: in_force

department.

Any municipality which has volunteers enrolled as members of the

fire department shall adopt by ordinance a code of minimum rules and

regulations in substantial compliance with the following:

Article 1. The Fire Chief.

(a) The chief shall be the head of the department, subject to

the laws of the State of Oklahoma, ordinances of this municipality,

and the rules and regulations adopted pursuant to this section. The

chief shall be appointed in the manner provided by law applicable to

this municipality for the appointment of municipal officers.

(b) The chief shall be responsible for the general condition

and efficient operation of the department, the training of members,

and the performance of all other duties imposed upon him by law or

the municipality.

(c) The chief may inspect or cause to be inspected by members

of the department, the municipal fire hydrants, cisterns, and other

sources of water supply of the municipality at least twice a year.

(d) The chief shall maintain a library or file of publications

on fire prevention and fire protection and shall make use of it to

the best advantage of all members.

Oklahoma Statutes - Title 11. Cities and Towns Page 277

(e) The chief shall make every effort to attend all fires and

shall direct the officers and members in the performance of their

duties.

(f) The chief shall see that the citizens are kept informed on

fire hazards in the community and on the activities of the

department.

(g) The chief shall see that each fire is carefully

investigated to determine its cause, and in the case of suspicion of

incendiarism shall notify proper authorities. The chief shall

secure and preserve all possible evidence for future use in the case

of suspicious incendiarism.

(h) The chief shall file the appropriate activity report forms

with the Office of the State Fire Marshal in Oklahoma City on an

annual basis. The activity report forms shall be designed by the

State Fire Marshal and shall include, but not be limited to, the

amount of property and vehicle fire loss, types of fires,

inspections and investigations. The report shall include

notification of all fire-related civilian deaths and injuries in the

respective jurisdiction and of fire fighter deaths in the line of

duty and of fire fighter injuries in the line of duty requiring the

services of a hospital or physician or both.

Article 2. The Assistant Chief.

In the absence of the chief, the assistant chief on duty shall

command the department and shall have the full powers and

responsibilities of the chief.

Article 3. Company Officers.

The company officers shall be selected upon their: 1. knowledge

of fire fighting, 2. leadership ability, and 3. knowledge of fire

fighting equipment.

Article 4. The Secretary-Treasurer.

One member elected by the fire department shall be secretary-

treasurer. His duties shall consist of the following: 1. Calling

the roll at the opening of each meeting, 2. Keeping the minutes of

each meeting, and 3. Collecting any money due the department by the

members.

Article 5. New Members.

(a) All new members shall be on probation for one (1) year

after their appointment.

(b) New volunteer members upon completion of their probation

period must be approved by the majority of the fire department.

Article 6. Bylaws.

The bylaws of the department shall include but shall not be

limited to the following:

(a) All volunteer fire fighters are required to respond to

alarms of fire and other emergencies when notified.

Oklahoma Statutes - Title 11. Cities and Towns Page 278

(b) A volunteer fire fighter is required to be present at all

regular meetings, call meetings, and schools presented for the

benefit of the fire fighters.

(c) There shall be at least one regular business meeting each

month.

(d) Any volunteer fire fighter having two unexcused absences in

succession or three unexcused absences in a period of three (3)

months will be expelled from the fire department rolls.

(e) Volunteer fire fighters leaving the municipality for an

extended period of time will be required to notify the chief.

(f) Any volunteer fire fighter refusing to attend training

classes provided for him will be expelled from the rolls.

(g) Any volunteer member of the fire department shall be

expelled from the rolls for the following offenses: 1. Conduct

unbecoming a fire fighter, 2. Any act of insubordination, 3. Neglect

of duty, 4. Any violation of rules and regulations governing the

fire department, or 5. Conviction of a felony.
Okla. Stat. tit. 11, § 11-13-115 — OK Code / Title 11 / Section 11-13-115
Compensation of elective city officers
Status: in_force

Where a municipality has adopted a charter and the charter does

not address compensation of elective city officers, the compensation

of such elective city officers may be fixed by ordinance.
Okla. Stat. tit. 11, § 11-37-105 — OK Code / Title 11 / Section 11-37-105
Condemnation procedure for acquiring land for
Status: in_force

waterworks.

A municipality is vested with the power of eminent domain for

the purpose of acquiring lands for the location and building or

enlargement of waterworks. The proceedings for the condemnation

thereof, including the notices, appointment of commissioners,

assessment of damages, possession, payment of compensation and

appeals, shall be the same as is provided by law for the

condemnation of lands for railroad purposes. It shall not be

necessary in such condemnation proceedings to allege or prove any

negotiations for the purchase of any lands or interests therein

with:

1. The owner or owners or claimants of any property sought to

be condemned, where such ownership does not appear clearly from the

title records in the office of the county clerk of the county where

the lots or lands are situated; or

2. The heirs of the person or persons who appear from such

records to be the owner or owners, or persons who hold or claim

under such heirs, and the lands have not been partitioned at the

time the petition to condemn is filed.

The notice of application for appointment of commissioners to assess

damages in condemnation proceedings may be given by publication as

Oklahoma Statutes - Title 11. Cities and Towns Page 370

provided by law regulating the condemnation of lands for railroad

purposes for notice to nonresidents.
Okla. Stat. tit. 11, § 11-49-128 — OK Code / Title 11 / Section 11-49-128
Appeals
Status: in_force

Any person possessing the qualifications required and provided

for under this article, who deems himself aggrieved by a decision of

the State Board on his or her claim for pension, either in rejecting

his or her claim or in the amount allowed by the Board, or

participating municipality, may appeal from such decision by filing

a petition in the Oklahoma County District Court within thirty (30)

days from the date of such decision.

Oklahoma Statutes - Title 11. Cities and Towns Page 591
Okla. Stat. tit. 11, § 11-27-114 — OK Code / Title 11 / Section 11-27-114
Rules for conduct of court business
Status: in_force

The judge of each municipal court may prescribe rules,

consistent with the provisions of this article, for the proper

conduct of the business of the municipal court.
Okla. Stat. tit. 11, § 11-16-313 — OK Code / Title 11 / Section 11-16-313
Impossibility of determining winner - Special town
Status: in_force

meeting to fill contested office.

In the event, after a hearing is conducted pursuant to Section

11 or 12 of this act, it is deemed impossible to determine who

should be announced the winner, the judge shall notify the presiding

officer of the town meeting of the same. It shall then be the duty

of the presiding officer to call a special town meeting for the

purpose of filling the contested office, provided that any nominee

upon whom fraud has been proved shall not be a nominee in the new

election.

Oklahoma Statutes - Title 11. Cities and Towns Page 107
Okla. Stat. tit. 11, § 11-22-132.1 — OK Code / Title 11 / Section 11-22-132.1
Municipal Records - Maintenance and protection -
Status: in_force

Availability.

Any officer or employee of a municipality having custody of

records or other documents of the municipality shall keep and

maintain such records in a manner and at a location prescribed by

the governing body. Such records shall be available for use by

officers and employees of the municipality as the governing body

shall direct. The governing body shall establish policies and

procedures to preserve and protect the records of the municipality

consistent with other provisions of law providing for the

confidentiality of such records where appropriate and the

accessibility of such records for inspection by the public.

Added Laws 1989, c. 255, § 2, emerg. eff. May 19, 1989.
Okla. Stat. tit. 11, § 11-37-219 — OK Code / Title 11 / Section 11-37-219
Final statement of cost - Preparing assessment roll
Status: in_force

A. After the completion of the work and after the cost of the

same has been ascertained, the engineer shall prepare and file with

the municipal clerk a final, complete and accurate statement of the

cost of the entire improvement, including engineering, advertising,

legal, right-of-way, easements and other expenses incurred by the

municipality incident to the improvement, together with any and all

additions to the contract price of the improvements. The governing

body shall adopt and confirm the final statement of cost, if found

to be correct.

B. The engineer or municipal clerk shall thereupon prepare and

file an assessment roll, which shall contain among other things:

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

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

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

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

statement to that effect;

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

assessed; and

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

land.

The amount assessed to each tract or parcel of land shall be on an

area basis, in proportion to the area of the whole district,

exclusive of public highways. All property within two hundred (200)

feet of the improvements shall be deemed to be abutting thereon for

the purposes of protest and assessment, to the extent that such

property is within the limits of the assessment plat. If a

fractional part of a lot, parcel, or tract of land is within an

assessment area, the benefit shall be computed for the fractional

part, but the entire lot, parcel or tract of land under the same

Oklahoma Statutes - Title 11. Cities and Towns Page 388

ownership of which the fractional part is a part shall be subject to

assessment for the benefit.
Okla. Stat. tit. 11, § 11-17-201 — OK Code / Title 11 / Section 11-17-201
Short title
Status: in_force

This act may be cited as the "Municipal Budget Act".
Okla. Stat. tit. 11, § 11-41-103 — OK Code / Title 11 / Section 11-41-103
Base line - How formed
Status: in_force

At the time of surveying and platting, the owner of the

municipality, addition or subdivision of lots and blocks, or his

agent, shall form the base line from which future surveys are to be

made. The base line shall be formed by placing on the line of a

street two good and sufficient monuments of such size and dimension

as the surveyor shall direct. The point or points where the base

line may be found shall be distinguished on the plat or map.
Okla. Stat. tit. 11, § 11-31-106 — OK Code / Title 11 / Section 11-31-106
Library board may impose fines or penalties
Status: in_force

The library board may impose fines or suitable penalties for

loss of, failure to return, or damage to library materials, subject

to ordinances which the municipal governing body may enact.
Okla. Stat. tit. 11, § 11-29-109 — OK Code / Title 11 / Section 11-29-109
Municipalities permitted to contract for fire
Status: in_force

protection.

A. Any city or town operating a paid fire department may

contract with a private entity, organization, corporation or company

Oklahoma Statutes - Title 11. Cities and Towns Page 270

for the performance of the essential functions of fire suppression,

prevention, and life safety duties in a fire department and, if

required, transfer capital assets used in fire protection services

to a public trust for the use of the private entity, organization,

corporation or company in providing such services. Pursuant to the

provisions of this act, the mayor shall issue an order calling for

an election on the question of whether or not the city or town shall

change its method of providing fire protection if:

1. An initiative petition is filed with the governing body of

the municipality; or

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

B. The initiative petition or resolution of the governing body

shall be filed with the clerk of the municipality at least one

hundred twenty (120) days before the filing date for the next

municipal general election. The order calling for the election

regarding fire protection services shall be issued by the mayor of

the municipality within ten (10) days after a decision has been made

on the ballot title, or within ten (10) days after the effective

date of the resolution of the governing body.
Okla. Stat. tit. 11, § 11-8-104 — OK Code / Title 11 / Section 11-8-104
Who may administer oaths
Status: in_force

All officers authorized by state law, the mayor, the municipal

clerk, the city manager, the municipal judge or judges and such

other officers as the municipal governing body may authorize, may

administer oaths and affirmations in any matter pertaining to the

affairs and government of the municipality.
Okla. Stat. tit. 11, § 11-52-101 — OK Code / Title 11 / Section 11-52-101
Purpose
Status: in_force

The provisions of this article are hereby declared to be

necessary for the protection of public funds, records and property,

and to protect the public welfare of the State of Oklahoma.
Okla. Stat. tit. 11, § 11-24-105 — OK Code / Title 11 / Section 11-24-105
Definitions
Status: in_force

Definitions. As used in Section 24-101 et seq. of this title

the following words shall have the following meanings unless the

context clearly indicates otherwise:

A. "Authority" shall mean the Oklahoma Municipal Power

Authority hereby created and any successor or successors thereto.

Any change in name or composition of the Authority shall in no way

affect the vested rights of any person under the provisions of

Section 24-101 et seq. of this title or impair the obligations of

any contracts existing under Section 24-101 et seq. of this title.

B. "Board of Directors" shall mean the Board of Directors

elected by the election committee as set forth in Section 24-104 of

this title which shall exercise all the powers and manage and

control all the affairs and property of the Authority unless

otherwise specifically provided herein or in the bylaws of the

Authority as in effect from time to time.

C. "Bonds" shall mean any revenue bonds, notes or other

evidences of obligations of the Authority issued by the Authority

Oklahoma Statutes - Title 11. Cities and Towns Page 215

under the provisions of the Oklahoma Municipal Power Authority Act

including, without limitation, bond anticipation notes and refunding

bonds.

D. "Eligible public agency" shall mean any municipality,

authority or other public body which owns, maintains or operates an

electrical energy generation, transmission or distribution system

within this state.

E. "Person" shall mean (i) any natural person; (ii) any

eligible public agency as defined herein; (iii) any public trust as

defined herein; (iv) the United States, any state, any municipality,

political subdivision, municipal corporation, unit of local

government, governmental unit or public corporation created by or

pursuant to the laws of the United States or any state, or any

board, corporation or other entity or body declared by the laws of

the United States or any state to be a department, agency or

instrumentality thereof; (v) any corporation, not for profit

corporation, firm, partnership, cooperative association, electric

cooperative or business trust of any nature whatsoever organized and

existing under the laws of the United States or any state; or (vi)

any foreign country, any political subdivision or governmental unit

of any foreign country or any corporation, not for profit

corporation, firm, partnership, cooperative association, electric

cooperative or business trust of any nature whatsoever organized and

existing under the laws of any foreign country or of any political

subdivision or governmental entity thereof.

F. "Project" shall mean any plant, works, system, facilities

and real and personal property of any nature whatsoever, together

with all parts thereof and appurtenances thereto, located within or

without this state, used or useful in the generation, production,

transmission, purchase, sale, exchange or interchange of electrical

energy and in the acquisition, extraction, processing,

transportation or storage or of fuel of any kind for any such

purposes or any interest in, or right to the use, services, output

or capacity, of any such plant, works, system or facilities.

G. "Public trust" shall mean any public trust created and

existing under the provisions of the Trusts for Furtherance of

Public Functions, as provided by Section 176 et seq. of Title 60 of

the Oklahoma Statutes, and the Oklahoma Trust Act, as provided by

Section 175.1 et seq. of Title 60 of the Oklahoma Statutes, which

has as its beneficiary a municipality and which owns, maintains or

operates an electrical energy generation, transmission or

distribution system serving the residents and consumers of such

municipality.
Okla. Stat. tit. 11, § 11-27-120 — OK Code / Title 11 / Section 11-27-120
Selection and summons of jurors
Status: in_force

Jurors in the municipal court shall be selected pursuant to this

section under the same terms and conditions as are provided for by

law for the district courts, or in the alternative, pursuant to

Section 18.1 of Title 38 of the Oklahoma Statutes. Upon written

request of the judge of the municipal court for a stated number of

jurors to the chief judge of the appropriate district court, it

shall be the duty of the clerk of the district court to draw from

the jury wheel a requested number of jurors in the same manner as is

provided by law for the district court until the number requested,

who from their addresses appear to reside within the corporate

limits of the municipality, is drawn, and to prepare a list of names

drawn and certify such list to the judge of the municipal court. On

completion of the draw, the clerk shall immediately return to the

jury wheel all names drawn which are not placed on the certified

list. The judge of the municipal court shall make written request

to the chief judge of the district court for a stated number of

additional jurors if, after allowance of claimed statutory

exemptions, the listed number is found to be insufficient. Summons

of the prospective jurors shall be issued as set out by ordinance,

and may be served in person by the chief of police or any member of

the police force of the municipality, or may be served by the clerk

of the municipal court by mail.
Okla. Stat. tit. 11, § 11-16-205 — OK Code / Title 11 / Section 11-16-205
Towns - Officers to be elected - Terms
Status: in_force

In a statutory town, the terms of the elected officers shall be

staggered so that at any one general municipal election, the

following officers are to be elected for four-year terms:

1. Trustees from odd-numbered wards; and

2. The clerk.

At the next general municipal election, the following officers are

to be elected for four-year terms:

1. Trustees from even-numbered wards; and

2. The treasurer.

If the office of treasurer has been consolidated with any other

office, elections for the office of treasurer and the office with

which it has been consolidated shall be held at the time the

election to fill the other office is held. The term of the

consolidated office shall be concurrent with the term of the other

office.
Okla. Stat. tit. 11, § 11-47-123 — OK Code / Title 11 / Section 11-47-123
Saving vested rights
Status: in_force

In any instance where it is shown that the application of the

terms of Sections 47-101 through 47-124 of this title, or any

proposed action hereunder, will be in material conflict with any

accrued vested right so that it would, if applied to the particular

property involved, result in substantial harm, loss, damage or

Oklahoma Statutes - Title 11. Cities and Towns Page 508

impairment, such right shall be preserved, recognized and given

effect and may be protected by any remedy herein provided for.
Okla. Stat. tit. 11, § 11-21-111 — OK Code / Title 11 / Section 11-21-111
Liability of detached territory
Status: in_force

Any lands detached from a municipality and the owners thereof

shall be liable to the municipality only for the cost of public

improvements which may have been constructed on the detached lands

at the expense of the municipality. The municipality shall have no

Oklahoma Statutes - Title 11. Cities and Towns Page 143

claim upon nor collect any tax from the detached territory for any

public debt or the cost of any public improvements which have not

been expended directly upon the detached lands. No owners of land

detached from a municipality may petition for annexation to the

municipality from which the land was detached for ten (10) years

after detachment.
Okla. Stat. tit. 11, § 11-13-111 — OK Code / Title 11 / Section 11-13-111
Charter amendments - Procedure
Status: in_force

Amendments to a municipal charter may be proposed by:

1. An initiative petition, 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 preceding

general election. Charter amendments proposed by initiative

petition shall be governed in all respects by the provisions of

Sections 15-101 through 15-110 of this title; or

2. A resolution of the municipal governing body. Notice of

charter amendments proposed by resolution and the election on them

shall be in the same manner provided for adoption of municipal

charters as set forth in Sections 13-106 and 13-107 of this title,

except that only the article that contains the proposed charter

amendments needs to be published and considered pursuant to those

sections.

If a majority of the votes cast in the election on the charter

amendments, as certified by the secretary of the county election

board, are in favor of adopting the proposed amendments to the

charter, the charter shall be so amended, certified and

authenticated by the mayor, and submitted to the Governor for

approval. The Governor shall approve the charter amendments if they

are not in conflict with the Constitution and laws of Oklahoma.

Oklahoma Statutes - Title 11. Cities and Towns Page 76

Upon approval, the charter as amended shall become the organic law

of the municipality and supersede any existing charter and all

ordinances in conflict with it. The charter amendments shall be

filed and recorded in the same manner provided for filing of

municipal charters.
Okla. Stat. tit. 11, § 11-30-101 — OK Code / Title 11 / Section 11-30-101
Establishment of municipal hospitals - Financial
Status: in_force

statement and estimate

A municipal governing body may establish and maintain a

municipal hospital and do all things necessary and proper in its

discretion pursuant to the authority granted to it by the

Constitution and laws of this state to further the ability of the

municipality to provide hospital service. After the establishment

of a municipal hospital, the governing body shall include an item in

its municipal financial statement and estimate of needs for the

following fiscal year to maintain the hospital. The municipal

governing body may engage in transactions to manage, lease or

operate a medical facility outside the municipal limits to provide a

benefit to the community or lessen the burden of government which

does not solely provide a benefit by generating administrative fees.
Okla. Stat. tit. 11, § 11-36-307 — OK Code / Title 11 / Section 11-36-307
Settlement between property owner and bondholder -
Status: in_force

Ratification.

All settlements or compromises made by any property owner with

the registered holder of bonds in accordance with Section 36-305 of

this title are hereby ratified and confirmed and shall be binding

upon all persons, including subsequent holders and assignees of the

bonds.
Okla. Stat. tit. 11, § 11-26-110 — OK Code / Title 11 / Section 11-26-110
Reports of the cemetery board of trustees
Status: in_force

The board of cemetery trustees shall, on the first Mondays in

January and July of each year, make a full report to the municipal

governing body of all lots sold, interments made, and all moneys

received and expended by the board in and about the cemetery.
Okla. Stat. tit. 11, § 11-38-116 — OK Code / Title 11 / Section 11-38-116
Notes or other obligations as legal investments
Status: in_force

All banks, trust companies, bankers, savings banks and

institutions, building and loan associations, savings and loan

associations, investment companies and other persons carrying on a

banking or investment business; all insurance companies, insurance

associations, and other persons carrying on an insurance business;

and all executors, administrators, curators, trustees, and other

fiduciaries, may legally invest in sinking funds, moneys, or other

funds belonging to them or within their control in any notes or

other obligations issued by a municipality or an Urban Renewal

Authority pursuant to this article and vested with urban renewal

project powers under this article; Provided, that such notes, bonds

or other obligations may be secured by an agreement between the

issuer and the Federal Government in which the issuer agrees to

borrow from the Federal Government and the Federal Government agrees

to lend to the issuer, prior to the maturity of such notes, bonds or

other obligations, moneys in an amount which (together with any

other moneys irrevocably committed to the payment of interest on

such notes, bonds or other obligations) will suffice to pay the

principal of such notes, bonds or other obligations with interest to

maturity thereon, which moneys under the terms of said agreements

are required to be used for the purpose of paying the principal and

interest of such notes, bonds or other obligations at their

maturity. Such notes, bonds and other obligations shall be

authorized security for all public deposits. It is the purpose of

this section to authorize any persons, political subdivision and

officers, public or private, to use any funds owned or controlled by

them for the purchase of any such notes, bonds or other obligations.

Nothing contained in this section with regard to legal investments

shall be construed as relieving any person of any duty of exercising

reasonable care in selecting securities.
Okla. Stat. tit. 11, § 11-29-152 — OK Code / Title 11 / Section 11-29-152
Creation of district – Municipal resolution
Status: in_force

The governing body of a municipality may initiate the creation

of a public safety protection district by the adoption of a

resolution calling for the question to be placed before the

registered voters of the municipality of whether to organize a

public safety protection district. The resolution shall be

submitted to the registered voters of the municipality at the next

general election. When a district is organized, it shall have the

powers conferred by this act.
Okla. Stat. tit. 11, § 11-29-110 — OK Code / Title 11 / Section 11-29-110
Election on question of contracting for fire protection
Status: in_force

services.

The question of contracting for fire protection services with a

private entity, organization, corporation or company and, if

required, the transfer of capital assets used in fire protection

services to a public trust, shall be submitted to the registered

voters of the city or town at the next general election, or a

special election to be held in the city or town not less than thirty

(30) days nor more than sixty (60) days after the date of the order

calling for the election. Notice of the election on the question

shall be given by the governing body in a manner required for

municipal elections.
Okla. Stat. tit. 11, § 11-21-108 — OK Code / Title 11 / Section 11-21-108
Lands platted for educational or charitable
Status: in_force

institutions - Annexation only by petition.

When any lands adjacent to the corporate limits of any

municipality have been surveyed and platted into lots and blocks for

the purpose of being sold in whole or in part to establish, build or

maintain any religious, fraternal, or benevolent school, college,

home or other educational or charitiable institution, these lands

may not be annexed to the municipality without a petition requesting

annexation first being signed and filed by at least a majority of

the resident owners of the lands to be annexed.
Okla. Stat. tit. 11, § 11-27-110 — OK Code / Title 11 / Section 11-27-110
Court marshal - Duties
Status: in_force

The municipal governing body, upon the recommendation of the

judge of the municipal court, may designate any appropriate person

who is a resident of the municipality to serve as marshal, and in

the absence of such a designation, the chief of police or

corresponding officer of the municipality shall be ex officio

marshal of the court. The marshal shall execute any writs and other

process directed to him, except as herein otherwise provided, and

such duty may be performed by any deputy marshal or by any members

of the police force of the municipality, as the case may be.
Okla. Stat. tit. 11, § 11-37-204 — OK Code / Title 11 / Section 11-37-204
Location of public water distribution system - Main
Status: in_force

lines of conveyance.

The public water distribution system shall consist only of the

main lines of conveyance from the sources of supply, and the main

lines for general distribution, including such other property as may

be necessary in connection therewith for the proper maintenance and

use of the water distribution system throughout the municipality.

The public distribution lines shall be established along the

principal courses of distribution, or of supply, at such points, to

such extent, of such dimensions and under such regulations as may be

provided by the governing body; and these principal lines of

distribution may be extensions or branches of lines already

constructed or entirely new throughout as may be deemed expedient

and necessary by the municipal governing body.
Okla. Stat. tit. 11, § 11-50-104.1 — OK Code / Title 11 / Section 11-50-104.1
Meetings of State Board - Special meetings - Notice -
Status: in_force

Quorum - Travel expenses.

A. The State Board shall hold regular meetings in Oklahoma City

at least once each quarter, the dates, time, and place thereof to be

fixed by the State Board. The State Board shall hold a regular

meeting in July of each year which meeting shall be the annual

meeting at which it shall elect its Chairman. Special meetings may

be called upon written call of the Chairman or by agreement of any

eight (8) members of the State Board. Notice of a special meeting

shall be mailed to all State Board members not less than seven (7)

days prior to the date fixed for the meeting; provided, however,

that notice of such meeting may be waived by any member either

before or after such meeting and attendance at such meeting shall

constitute a waiver of notice of such meeting, unless a member

participates therein solely to object to the transaction of any

business because the meeting has not been legally called or

convened.

B. Seven (7) State Board members shall constitute a quorum for

the transaction of business, but any official action of the State

Board shall be based upon a favorable vote by at least seven (7)

Oklahoma Statutes - Title 11. Cities and Towns Page 618

State Board members at a regular, special, or emergency meeting of

the State Board.

C. State Board members shall be reimbursed for necessary travel

expenses pursuant to the State Travel Reimbursement Act.
Okla. Stat. tit. 11, § 11-36-410 — OK Code / Title 11 / Section 11-36-410
Laying out or widening across public property -
Status: in_force

Declaration of necessity - Exceptions.

Whenever the municipal governing body deems it necessary for

public use and convenience to extend, open, widen, or lay out any

street or avenue over, upon or across any public property which is

wholly within the municipal limits and which is owned by the state,

county, school district, or board of education, the governing body

by ordinance shall declare the public necessity for the use of such

street. Public property which is actually covered by a public

building may be taken for the purposes named in this section upon

approval by the appropriate governing body or officer of the

governmental agency which has title to the building.
Okla. Stat. tit. 11, § 11-33-202 — OK Code / Title 11 / Section 11-33-202
Terms of leases - Exclusion of commercial propagation
Status: in_force

of fish.

No lease issued under the authority of Section 33-201 of this

title shall be for a longer period than ten (10) years, nor shall

any lease be given to any individual, corporation, or stock company

which has for its purpose the propagation of fish for commercial

purposes unless the governing body of the municipality determines

that the lake, pond, stream, water course or reservoir has not been

used for at least three (3) years for amusement or recreational

Oklahoma Statutes - Title 11. Cities and Towns Page 298

purposes. However, if a lease contains a provision that the

premises described in the lease shall be open to the public for free

hunting and fishing privileges, then the lease may be for any period

of time, not to exceed twenty-five (25) years.
Okla. Stat. tit. 11, § 11-29-101 — OK Code / Title 11 / Section 11-29-101
General powers
Status: in_force

The municipal governing body may procure all necessary equipment

for protection and prevention against fire and provide for the

organization of a municipal fire department. The governing body may

Oklahoma Statutes - Title 11. Cities and Towns Page 267

enact such ordinances, resolutions and regulations as may be

necessary to establish and operate a fire department, and to borrow

money and issue bonds therefor subject to the provisions of the

Constitution and laws of Oklahoma.
Okla. Stat. tit. 11, § 11-50-109 — OK Code / Title 11 / Section 11-50-109
Appropriation of percentage of annual salary of member
Status: in_force

of System.

Any municipality participating in the Oklahoma Police Pension

and Retirement System shall appropriate funds, for the use and

benefit of the System, as provided in the following schedule:

1. Prior to July 1, 1991, a minimum of ten percent (10%) of the

actual paid base salary of each member of the System employed by the

municipality;

2. Beginning July 1, 1991, a minimum of ten and one-half

percent (10 1/2%) of the actual paid base salary of each member of

the System employed by the municipality;

3. Beginning July 1, 1992, a minimum of eleven percent (11%) of

the actual paid base salary of each member of the System employed by

the municipality;

4. Beginning July 1, 1993, a minimum of eleven and one-half

percent (11 1/2%) of the actual paid base salary of each member of

the System employed by the municipality;

5. Beginning July 1, 1994, a minimum of twelve percent (12%) of

the actual paid base salary of each member of the System employed by

the municipality;

6. Beginning July 1, 1995, a minimum of twelve and one-half

percent (12 1/2%) of the actual paid base salary of each member of

the System employed by the municipality;

7. Beginning July 1, 1996, a minimum of thirteen percent (13%)

of the actual paid base salary of each member of the System employed

by the municipality; and

8. Beginning on the effective date of this act, a minimum of

fourteen percent (14%) of the actual paid base salary of each member

of the System employed by the municipality.

Oklahoma Statutes - Title 11. Cities and Towns Page 629

The sum appropriated shall be paid online to the System within

ten (10) days following the payroll period on which the contribution

is based.

The state shall make such appropriation as is necessary to

assure the retirement benefits provided by the article.
Okla. Stat. tit. 11, § 11-28-103 — OK Code / Title 11 / Section 11-28-103
Judges and clerks
Status: in_force

The city governing body may appoint and fix the compensation of

one or more judges of the municipal criminal court of record, as may

be required, and designate one as a presiding judge. Each judge

shall possess the qualifications now required by law to be possessed

by associate judges of the district court. The city governing body

may appoint or otherwise provide for appointment of a clerk of the

municipal criminal court of record and one or more deputy clerks and

fix their compensation. The judge shall serve for a term of two (2)

years, expiring on a date fixed by ordinance, and until his

successor is appointed and qualified, unless sooner removed by the

vote of a majority of all members of the governing body for such

cause as is provided by law for the removal of public officers. Any

appointment to fill a vacancy shall be for the unexpired term.

Added Laws 1977, c. 256, § 28-103, eff. July 1, 1978.
Okla. Stat. tit. 11, § 11-40-102 — OK Code / Title 11 / Section 11-40-102
Purpose of act
Status: in_force

It is declared to be the purpose of the Neighborhood

Redevelopment Act to promote, stimulate, and develop the general and

economic welfare of this state and its communities and to assist in

the development and redevelopment of commercial, industrial and

residential neighborhoods, thus promoting the general welfare of the

citizens of this state, by authorizing cities and towns to establish

redevelopment trust authorities, and to authorize such authorities

to undertake redevelopment activities within such neighborhoods.

The powers conferred by the Neighborhood Redevelopment Act are for

public uses and purposes for which public money may be expended and

the power of eminent domain exercised. The necessity in the public

interest for the provisions enacted as the Neighborhood

Redevelopment Act is hereby declared as a matter of legislative

determination. The municipal governing body may do all things

necessary and proper in its discretion pursuant to the authority

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

redevelop and maintain its commercial, industrial and residential

neighborhoods.
Okla. Stat. tit. 11, § 11-11-117 — OK Code / Title 11 / Section 11-11-117
Departments and agencies
Status: in_force

In a statutory strong-mayor-council city, there shall be a

police department, a fire department, a department of law headed by

a city attorney, and such other administrative departments, offices

and agencies as the council may establish.
Okla. Stat. tit. 11, § 11-36-203 — OK Code / Title 11 / Section 11-36-203
Preliminary plans and costs of improvement - Governing
Status: in_force

body action.

Whenever the municipal governing body deems it necessary to

grade, pave, construct, macadamize, chat or gravel, curb, gutter,

drain or otherwise improve any street, alley, avenue, lane or any

part thereof which shall have been heretofore paved, within the

limits of the municipality, it shall direct, by resolution, the

engineer to prepare preliminary plans and an estimate of cost. The

resolution shall require the engineer to prepare and submit to the

municipal clerk the following:

1. Preliminary plans, showing a typical section of the

contemplated improvement, the type or types of material, and

approximate thicknesses and widths;

2. Assessment plat, showing the area to be assessed; and

3. Preliminary estimate of the total cost of the improvement.

The cost estimate may be in a lump sum or by unit prices, as the

engineer may deem most desirable, for the improvement complete in

place. The estimate shall also include the cost of advertising,

appraising, engineering, and such other expense as in the judgment

of the engineer is necessary or essential to the completion of the

work of improvement and the payment of the cost thereof. The

engineering fees shall not exceed five percent (5%) of the contract

price of the improvement. If the resolution provides for one or

more types of construction, the engineer shall separately estimate

the cost of each type of construction. If more than one street,

Oklahoma Statutes - Title 11. Cities and Towns Page 326

avenue, alley, lane, public place, or part thereof is included in

such resolution, separate estimates as to each shall be made.
Okla. Stat. tit. 11, § 11-42-107 — OK Code / Title 11 / Section 11-42-107
Record of vacation
Status: in_force

Any decree or written instrument vacating a plat or portion

thereof shall be filed and recorded in the office of the county

clerk in the county where the land is situated and shall include a

metes and bounds legal description of the area being vacated and a

separate metes and bounds legal description of the area, if any,

remaining platted. The clerk shall write in plain, legible letters

across that part of the plat so vacated the word "Vacated". The

county clerk shall provide a copy of the metes and bounds legal

description of the property being vacated as furnished by the

petitioner to the county assessor. The clerk shall also note on the

Oklahoma Statutes - Title 11. Cities and Towns Page 466

original plat a reference to the decree or instrument and the volume

and page where recorded.
Okla. Stat. tit. 11, § 11-37-228 — OK Code / Title 11 / Section 11-37-228
Acceptance of work after completion in accordance with
Status: in_force

plans.

Upon the completion of the improvement, the governing body shall

determine whether or not the work has been completed in accordance

with the plans, specifications and contract therefor. If the

governing body finds the work to be in compliance, it shall accept

Oklahoma Statutes - Title 11. Cities and Towns Page 392

the same. When the work is so accepted, the action shall be

conclusively binding upon all persons interested and upon the court.
Okla. Stat. tit. 11, § 11-22-101 — OK Code / Title 11 / Section 11-22-101
Corporate powers of municipalities
Status: in_force

All incorporated municipalities shall be bodies corporate and

politic, and shall have the powers to:

1. Sue and be sued;

2. Purchase and hold real and personal property for the use of

the municipality;

3. Sell and convey any real or personal property owned by the

municipality and make orders respecting the same as may be conducive

to the best interests of the municipality;

4. Make all contracts and do all other acts in relation to the

property and affairs of the municipality, necessary to the good

government of the municipality, and to the exercise of its corporate

and administrative powers; and

5. Exercise such other powers as are or may be conferred by

law.
Okla. Stat. tit. 11, § 11-32-110 — OK Code / Title 11 / Section 11-32-110
Petition for improvement - Contents
Status: in_force

A petition for any parking station improvement may be filed with

the municipal clerk. The petition shall be signed by either:

1. A majority of the record owners of property liable for

assessment under the proposal; or

2. The record owners of more than one-half the area liable for

assessment under the proposal.

The petition shall set forth:

1. The general nature of the proposed improvement;

2. The estimated or probable cost;

3. The extent of the proposed improvement district to be

assessed;

4. The proposed methods of assessment; and

5. The proposed apportionment of cost between the improvement

district and the municipality.

Upon the filing of the petition, the governing body may make

findings by resolution as to the advisability of the improvement,

the nature of the improvement, the estimated cost, the boundaries of

the improvement district, the method of assessment and apportionment

of cost between the improvement district and the municipality, all

as determined by the governing body. Thereupon the governing body

may proceed without notice and hearing to order the improvement as

provided in Section 32-108 of this title, except that no protests

shall be received as provided therein. The area of the improvement

district finally determined by the governing body to be assessed may

not exceed the district proposed in the petition unless notice is

given and a hearing held as provided in Section 32-107 of this

title, and the proceedings shall be subject to protest as in other

cases.
Okla. Stat. tit. 11, § 11-37-223 — OK Code / Title 11 / Section 11-37-223
Treatment of property owned by municipality, counties
Status: in_force

or schools.

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

any board of education or school district, shall be treated and

considered the same as the property of other owners. The

municipality, county, school district or board of education within

the district to be assessed shall annually provide, by the levy of

taxes in a sufficient sum, for payment of the maturing installments

of assessments and interest and penalty thereon. In municipalities

containing a population of less than two thousand five hundred

(2,500), according to the latest federal census, the municipality

may, with the consent of the school board, provide for the payment

of such assessments, or the construction and installment of sewer

and water improvements, with funds derived from the issuance of

building bonds or receipts of a building tax levy of a school

district served by such improvement.
Okla. Stat. tit. 11, § 11-37-120 — OK Code / Title 11 / Section 11-37-120
Extension of lines beyond limits - Contracts for
Status: in_force

furnishing water outside limits.

Any municipality owning or operating its own waterworks plant

and every municipality engaged in the distribution of water may

extend its lines beyond the corporate limits of such municipality

and may acquire, construct, own, maintain and operate all necessary

lines, apparatus and equipment, and acquire rights of way, and do

all things necessary and proper in carrying on the business and

furnishing water to any person, firm, corporation or other

municipality beyond the corporate limits of the municipality, to the

same extent as it may now do within the corporate limits of the

municipality. All water so sold and furnished to persons, firms,

corporations and other municipalities beyond and without the

corporate limits of the municipality so selling and furnishing the

same shall be sold and furnished only under written contracts upon

such terms and conditions as may be agreed upon by negotiation

between the municipality and such persons, firms, corporations or

other municipalities. Nothing herein contained shall be construed

to impose any duty or obligation upon any municipality to sell or

furnish water to any person, firm, corporation or municipality

beyond its corporate limits except as the municipality may expressly

undertake by the terms of the written contract.
Okla. Stat. tit. 11, § 11-28-110 — OK Code / Title 11 / Section 11-28-110
Office of public defender
Status: in_force

The city governing body may create the office of public

defender. The public defender shall be charged upon order of any

judge of the municipal criminal court of record with the protection

of the rights of any defendant charged with violation of any

ordinance in the court. The city governing body may provide for

necessary office supplies and equipment and arrange for sufficient

office space in public buildings.
Okla. Stat. tit. 11, § 11-27-122.1 — OK Code / Title 11 / Section 11-27-122.1
Execution of sentences of municipal court
Status: in_force

A. All sentences of imprisonment shall be executed by the chief

of police of the municipality, and any person convicted of a

violation of any ordinance of the municipality and sentenced to

imprisonment shall be confined in the jail, farm, or workhouse of

the municipality, in the discretion of the court, for the time

specified in the sentence; provided, however, the court may, in lieu

of imprisonment, order the defendant to engage in a term of

community service without compensation. If the defendant fails to

perform the required community service or if the conditions of

community service are violated, the judge may impose a sentence of

imprisonment, not to exceed the maximum sentence allowable for the

violation for which the defendant was convicted.

B. The judge of the municipal court imposing a judgment and

sentence, at the judge’s discretion, is empowered to modify, reduce,

suspend, or defer the imposition of a sentence or any part thereof

and to authorize probation for a period not to exceed six (6) months

from the date of sentence under terms or conditions as the judge may

specify. Procedures relating to suspension of the judgment or costs

or both shall be as provided in Section 27-123 of Title 11 of the

Oklahoma Statutes. Upon completion of the terms of probation, the

defendant shall be discharged without a court judgment of guilt, and

the verdict, judgment of guilty, or plea of guilty shall be expunged

from the record and the charge dismissed with prejudice to any

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

probation have been violated, the municipal judge may enter a

judgment of guilty.

Oklahoma Statutes - Title 11. Cities and Towns Page 250

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

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

six (6) months from the date of sentence. At the expiration of this

period of time the judge may allow the municipal attorney to amend

the charge to a lesser offense.

D. If a deferred sentence is imposed, an administrative fee not

to exceed Five Hundred Dollars ($500.00) may be imposed as costs in

the case, in addition to any deferral fee otherwise authorized by

law.
Okla. Stat. tit. 11, § 11-7-104 — OK Code / Title 11 / Section 11-7-104
Real property owned by municipality at time of
Status: in_force

dissolution.

If a municipality is the owner in fee simple of real property at

the time it is dissolved, and this real property is thereafter

brought within the boundaries of another existing incorporated

municipality, the fee simple title of this real property will divest

from the dissolved municipality and vest in the existing

municipality.
Okla. Stat. tit. 11, § 11-51-113 — OK Code / Title 11 / Section 11-51-113
Penalties
Status: in_force

It shall be unlawful for any collective bargaining

representative or member of a paid fire department or police

department to strike or engage in any work stoppage; and it shall

further be unlawful for any official, executive, administrator,

manager, or member of a governing body exercising the authority to

fix and determine the salaries, hours of work, and employment

conditions of any paid fire or police department of a municipality

in this state to fail to bargain in good faith in accordance with

the provisions of this article. Any person or persons guilty of

violating the provisions of this article shall be fined not less

than Ten Dollars ($10.00) nor more than One Hundred Dollars

($100.00) for such offense, and each day during which such violation

Oklahoma Statutes - Title 11. Cities and Towns Page 700

occurs or continues shall constitute a separate offense, and any

such conviction shall be grounds for immediate dismissal from public

employment, for any persons so employed.
Okla. Stat. tit. 11, § 11-19-101 — OK Code / Title 11 / Section 11-19-101
Procedure for changing name - Petition or governing
Status: in_force

body resolution.

The mayor of an incorporated municipality shall issue an order

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

municipality shall change its name if:

1. an initiative petition is filed with the governing body; or2. the governing body, by resolution, so directs.

The initiative petition or resolution of the governing body shall

set forth the name of the municipality, its location, and the new

name which is proposed for adoption.
Okla. Stat. tit. 11, § 11-49-100.7 — OK Code / Title 11 / Section 11-49-100.7
Administration of System - Rules and regulations -
Status: in_force

Accounts and records - Open meetings - Actuarial tables - Decisions

of Board - Actions - Electronic media use.

A. The State Board shall be responsible for the policies and

rules for the general administration of the System, subject to the

provisions of this article.

B. The State Board shall establish rules and regulations for

the administration of the System and for the transaction of its

business consistent with law, which rules and regulations shall be

filed with the Secretary of State.

C. The State Board shall be responsible for the installation or

provision of a complete and adequate system of accounts and records.

D. All meetings of the State Board shall be open to the public.

The State Board shall keep a record of its proceedings.

E. The State Board may adopt all necessary actuarial tables to

be used in the operation of the System as recommended by the actuary

and may compile such additional data as may be necessary for

required actuarial valuation calculations.

F. All decisions of the State Board as to questions of fact

shall be final and conclusive on all persons except for the right of

review as provided by law and except for fraud or such gross mistake

of fact as to have effect equivalent to fraud.

G. The State Board shall take all necessary action upon

applications for pensions, disability benefits, refund of

accumulated contributions and shall take action on all other matters

deemed necessary by the State Board, including bringing actions for

declaratory relief in the district courts in the state to enforce

the provisions of applicable state law.

H. On or after July 1, 2011, the State Board may permit,

effective for applicable notices, elections and consents provided or

made for a member, beneficiary, alternate payee or individual

entitled to benefits under the System, the use of electronic media

to provide such applicable notices and make such elections and

consents as described in Section 1.401(a)-21 of the Income Tax

Regulations.

I. The State Board shall develop such procedures and may

require such information from the distributing plan as it deems

necessary to reasonably conclude that a potential rollover

contribution is a valid rollover contribution under Section

1.401(a)(31)-1, Q&A-14(b)(2), of the Income Tax Regulations.

Oklahoma Statutes - Title 11. Cities and Towns Page 522
Okla. Stat. tit. 11, § 11-11-113 — OK Code / Title 11 / Section 11-11-113
City clerk - Creation and duties - Compensation
Status: in_force

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

mayor for an indefinite term. The city clerk shall serve as clerk

for the council. Subject to regulations the council may prescribe,

the city clerk shall:

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

2. enroll all ordinances and resolutions passed by the council

in a book or books kept for that purpose; and

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

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

the city; and

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

required by law or by ordinance; and

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

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

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

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

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

ordinance.
Okla. Stat. tit. 11, § 11-17-202 — OK Code / Title 11 / Section 11-17-202
Purpose of act
Status: in_force

The purpose of this act is to provide an alternate budget

procedure for municipal governments which will:

1. Establish standard and sound fiscal procedures for the

adoption and administration of budgets;

2. Make available to the public and investors sufficient

information as to the financial conditions, requirements and

expectations of the municipal government; and

3. Assist municipal governments to improve and implement

generally accepted standards of finance management.
Okla. Stat. tit. 11, § 11-24-112 — OK Code / Title 11 / Section 11-24-112
Powers of Eligible Public Agencies and Public Trusts
Status: in_force

Powers of Eligible Public Agencies and Public Trusts.

(a) In order to accomplish the purposes of this act, any

eligible public agency, subject to the restrictions of Article 10,

Sections 17, 26 and 27 of the Constitution of the State of Oklahoma,

or any public trust may enter into and carry out contracts and

agreements for the purchase from the Authority of power and energy,

transmission services, power supply development services and other

services.

(i) Each such contract and agreement shall be for such

period and shall contain such other terms, conditions and

provisions, not inconsistent with the provisions of this act, as the

Board of Directors of the Authority shall approve, including,

without limitation, provisions whereby the eligible public agency or

Oklahoma Statutes - Title 11. Cities and Towns Page 227

public trust is obligated to pay for the products and services of

the Authority without set-off or counterclaim and irrespective of

whether such products or services are furnished, made available or

delivered to the eligible public agency or public trust or whether

any project contemplated by any such contract and agreement is

completed, operable or operating, and notwithstanding suspension,

interruption, interference, reduction or curtailment of the products

and services of such project.

(ii) Each such contract and agreement may be pledged by

the Authority to secure its obligations and may provide that if one

or more eligible public agencies or public trusts defaults in the

payment of its obligations under such contract and agreement, the

remaining eligible public agencies and public trusts having such

contracts and agreements shall be required to pay for and shall be

entitled proportionately to use or otherwise dispose of the products

and services which were to be purchased by the defaulting eligible

public agency or public trust.

(iii) Each such contract and agreement shall be a limited

obligation of an eligible public agency or public trust payable from

and may be secured by a pledge of, and lien and charge upon, all or

any part of the revenues derived or to be derived from the ownership

and operation of its electric or other integrated utility system as

and, if so provided in such contract or agreement, shall be an

expense of operation and maintenance thereof, and shall not

constitute an indebtedness of such eligible public agency or public

trust for the purpose of any statutory limitation.

(iv) Nothing in this act shall be construed to preclude an

eligible public agency or public trust from appropriating and using

taxes and other revenues received in any year to make payments due

or to comply with covenants to be performed during that year under

any contract or agreement entered into as contemplated in this act.

(b) Any such contract or agreement may include provisions for

the sale of output and services of a particular project or for

output and services generally without regard to a specific project

and for the supply of a specific quantity of output or a percentage

of the output of a specific project or other specific facilities or

for the supply of output based upon the requirements of the

purchaser and on such other terms and conditions as the Board of

Directors and the contracting or agreeing party deem appropriate.

(c) In the event of any failure or refusal on the part of the

eligible public agency or public trust to perform punctually any

covenant or obligation contained in any such contract, the Authority

may enforce performance by any legal or equitable process, including

specific performance.
Okla. Stat. tit. 11, § 11-36-214 — OK Code / Title 11 / Section 11-36-214
Hearing of objections on assessments - Time of hearing
Status: in_force

- Notice.

A. When the assessment roll has been filed, the governing body

shall set a time for holding a hearing on any complaints or

objections that may be made concerning the apportionment as to any

of the lots or tracts of land.

B. Notice of the hearing shall be published in five (5)

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

issues of a weekly newspaper, which is of general circulation in the

municipality. The date fixed for the hearing shall be not less than

five (5) nor more than ten (10) days from the date of the last

publication.

Not less than ten (10) days before the hearing, the municipal

clerk shall also notify each listed owner of property chargeable

with the cost of the improvement at his address, as shown by the

current year's tax rolls in the county treasurer's office, or as

shown by certificate of a bonded abstractor, in the following

manner:

1. By mailing a postal card directly to the owner, notifying

him of the facts contained in subsection C of this section, and

referring him to the newspaper and issues thereof in which the

notice is or will be published; or

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

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

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

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

included in the same notification.

C. The notice by publication and by mail shall state:

1. That the assessment roll is on file in the municipal clerk's

office;

2. The date the assessment roll was filed; and

3. The time and place that the governing body will hear and

consider any objections.

D. Proof of the notification given shall be made by certificate

of the clerk which shall be filed in his office. However, the

failure of any one or more of the listed owners to receive the

notification shall not invalidate any of the proceedings hereunder.
Okla. Stat. tit. 11, § 11-22-105 — OK Code / Title 11 / Section 11-22-105
Condemnation of private property
Status: in_force

Private property may be taken for public use, or for the purpose

of giving a right-of-way or other privilege for any necessary

purpose, in the manner provided by law; but in every case the

municipality shall make adequate compensation to the person or

persons whose property shall be taken or injured thereby as provided

by law.
Okla. Stat. tit. 11, § 11-21-113 — OK Code / Title 11 / Section 11-21-113
Annexation of unoccupied property for road and bridge
Status: in_force

construction.

Upon proper notification, a municipality may annex any

unoccupied property of an owner who is not a resident of this state

which is adjacent or contiguous to property already within the

municipal limits for the sole purpose of constructing roads and/or

bridges which are provided for in the comprehensive plan of the

municipality, if such owner does not object to the annexation within

thirty (30) days of the publication and mailing of such notice. For

purposes of this subsection, notice shall be given by posting a copy

of the notice on the subject property, by publication in a legally

qualified newspaper of general circulation in the area in which the

property to be annexed is located and by certified mail to the owner

of such property as shown by the current year's tax rolls in the

county treasurer's office.
Okla. Stat. tit. 11, § 11-50-107 — OK Code / Title 11 / Section 11-50-107
Custody and disbursement of pension funds - Refund for
Status: in_force

overpayment.

A. All monies provided for the Fund of the System by this

article, or by appropriation by any municipality, or by contribution

from members, shall be paid over to and received by the State Board

for the use and benefit of the System to be disbursed and handled as

provided in this article.

B. Should any error in any records of the Oklahoma Police

Pension and Retirement System result in any payee receiving more or

less than the payee would have been entitled had the records been

correct, the State Board shall correct such error and shall pay any

underpayments or recover any overpayments. An error does not

include a member's failure to submit required documents, including

proof of military service, prior to the effective date of

retirement, which date includes the member's entry into the Oklahoma

Police Deferred Option Plan. If a member submits documents after

the effective date of retirement, no adjustment in retirement

benefits shall be made.

Oklahoma Statutes - Title 11. Cities and Towns Page 628

C. Should more than the amount of a participating municipality

or member contributions be paid to the System by a participating

municipality through a mistake of fact, the System shall refund the

amounts paid to the participating municipality within one year after

the date on which the mistaken contribution was made. The System

shall not pay the participating municipality earnings attributable

to such contribution but shall reduce the amount returned to the

participating municipality pursuant to this subsection by the amount

of losses attributable to such contribution.
Okla. Stat. tit. 11, § 11-49-122.3 — OK Code / Title 11 / Section 11-49-122.3
Assets of funds - Right to assets - Valuation
Status: in_force

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

income therefrom, including monthly contributions made to the State

Board by each municipality, or property for which any of the same

shall be exchanged or into which any of the same shall be converted,

together with any other assets held from time to time hereunder by

the State Board. All legal right, title and interest in and to the

assets of the Fund shall at all times be held in trust and vested

exclusively in the State Board or its nominee and no municipality

shall be deemed to have severable ownership of any asset of the Fund

or any right of partition or possession.

The State Board shall appraise and place valuation upon the

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

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

and valued by the Executive Director on said date.

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

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

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

Executive Director and the State Board and both the Executive

Director and State Board may rely on figures, or statements

appearing in any reputable publication purporting to state sales

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

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

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

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

good faith. The reasonable and equitable decision of the Executive

Director and State Board regarding the method used in determining

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

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

Effective July 1, 2011, upon termination or partial termination

of the System, or a permanent discontinuance of contributions, the

benefits accrued up to the date of termination or discontinuance, to

the extent then funded, by the affected members and their

beneficiaries, respectively, or the amounts credited to the affected

members' accounts, shall be nonforfeitable.
Okla. Stat. tit. 11, § 11-22-114 — OK Code / Title 11 / Section 11-22-114
Entry upon private property for making surveys,
Status: in_force

soundings, examination or terminating public utility services -

Reimbursement for damages.

A. Municipalities through their authorized agents or employees

may enter upon any lands, waters, or premises for the purpose of

making surveys, soundings, or examinations as may be necessary for

the purpose of establishing, locating, relocating, constructing, or

maintaining any sewer, waterworks, drain, or public works or

facilities. Entry may also be made for the purpose of terminating

any public utility services if the municipality determines the

existence of a hazard to the health, safety, or welfare of the

Oklahoma Statutes - Title 11. Cities and Towns Page 178

general public in connection with said services. Said entry shall

not be deemed a trespass, nor shall an entry pursuant to any

condemnation proceedings which may be pending be deemed a trespass.

If the municipality does not have written consent for entry from the

owner and lessee, the municipality shall give notice to the owner

and lessee of the property to be entered, by certified mail at least

fourteen (14) days prior to any entry. If the owner and lessee are

unable to be given notice by certified mail, notice shall be given

by publication.

B. Municipalities shall make reimbursement for any actual

damages to lands, water, or premises as a result of the entry onto

property as authorized in this section. If there is a disagreement

as to the amount of any damage, either the person incurring any

damage to land, water, or premises or the municipality may file a

petition with the district court in the county where the alleged

damage occurred requesting the appointment of a commissioner to

appraise the damage and proceed to have the damage determined as in

condemnation proceedings.Oklahoma Statutes - Title 11. Cities and Towns Page 7
Okla. Stat. tit. 11, § 11-38-122 — OK Code / Title 11 / Section 11-38-122
Certain documents to be transmitted to county clerk,
Status: in_force

assessor and treasurer - Valuation of real property.

A. After the designation by the municipal governing body of a

tax increment allocation district, the city clerk shall transmit a

copy of the description of the district, a copy of the resolution or

ordinance designating the district and a map or plat indicating the

boundaries of the district to the clerk, assessor and treasurer of

the county in which the tax increment allocation district is

located. These documents shall be transmitted as promptly as

practicable following the designation of the district, but in any

Oklahoma Statutes - Title 11. Cities and Towns Page 426

event on or before January 1 of the next year following the

designation of the district.

B. As soon as possible after the documents referred to in

subsection A of this section have been received by the county

assessor's office, the county assessor shall assess the value of all

real property located in the tax increment allocation district. This

assessed valuation, hereinafter referred to as the "base year net

assessed valuation", shall be certified to the county clerk and the

city clerk on or before July 1 of the next year following the

designation of any tax increment allocation district.
Okla. Stat. tit. 11, § 11-43-110 — OK Code / Title 11 / Section 11-43-110
Planned unit developments - Zoning ordinances - Required regulations - Notice and
Status: in_force

hearing - Consideration of requests - Incorporation of other land development ordinances andRequired regulations - Notice and hearing - Consideration of

requests - Incorporation of other land development ordinances and

statutes.

A. As used in this section, "planned unit development" includes

cluster housing, planned residential and nonresidential development,

community unit plan, and other zoning requirements which are

designed to accomplish the objectives of a comprehensive plan and

zoning ordinance through a land development project review process

based on the application of site planning criteria to achieve

integration of the proposed land development project with the

characteristics of the project area.

B. A municipal governing body may establish planned unit

development requirements and procedures in a zoning ordinance which

permit flexibility in the regulation of land development; encourage

innovation in land use and variety in design, layout and type of

structures constructed; achieve efficiency in the use of land,

natural resources, energy and the providing of public services and

utilities; encourage useful open space; and provide better housing,

employment and shopping opportunities particularly suited to the

needs of the residents of the state. The review and approval of a

planned unit development shall be made by either the planning

commission or the governing body.

C. Within a designated planned unit development, conditions

relating to the use of land, including but not limited to, permitted

uses, lot sizes, setbacks, height limits, required facilities,

buffers, open space areas, lighting, signage, landscaping, parking

and loading, compatibility, and land use density shall be determined

in accordance with the planned unit development regulations

specified in the zoning ordinance. The planned unit development

conditions need not be uniform with regard to each type of land use

if equitable procedures recognizing due process principles and

avoiding arbitrary decisions have been followed in making regulatory

decisions.

D. The planned unit development regulations established by a

municipality shall specify the following:

1. The body which shall review and approve planned unit

development requests and amend the same;

2. The conditions which create planned unit development

eligibility, the persons and agencies involved in the review

process, if any, and the requirements and standards upon which

applications will be reviewed and approval granted; and

Oklahoma Statutes - Title 11. Cities and Towns Page 480

3. The procedures required for application, review and

approval.

E. Following receipt of a request for a planned unit

development, at least one public hearing shall be held. An

ordinance may provide for one or more preapplication conferences

before submission of a planned unit development request, and the

submission of preliminary site plans before the public hearing.

Notification of the public hearing shall be given by mail in the

same manner as required by Section 43-106 of this title for public

hearings on proposed zoning changes. In addition, a municipality

may require notice by posting and/or publication. Within a

reasonable time following the public hearing, the body responsible

for approving planned unit developments shall deny the request,

approve the request, or approve the request with conditions.

1. Should the ordinance require that the municipal governing

body amend the ordinance to act on the planned unit development

request, the planning commission shall conduct the public hearing

and make recommendations on the planned unit development request

which shall be transmitted to the municipal governing body for

consideration in making a final decision. If an amendment of a

zoning ordinance is required by the planned unit development

regulations of a municipal zoning ordinance, the requirements of

this act for amendment of a zoning ordinance shall be followed.

2. If the planned unit development regulations of a municipal

zoning ordinance do not require amendment of the ordinance to

authorize a planned unit development, the body charged in the zoning

ordinance with review and approval of planned unit developments may

approve, approve with conditions, or deny a request.

F. Final approvals may be granted on each phase of multiphased

planned unit developments if each phase contains the necessary

consideration of the natural environment and the health, safety, and

welfare of the users of the planned unit development and the

landowners immediately adjacent thereto.

G. In establishing planned unit development regulations, a

municipal governing body may incorporate by reference other

available and applicable ordinances or statutes which regulate land

development. The planned unit development regulations contained in

zoning ordinances shall encourage complementary relationships

between zoning regulations and other requirements affecting the

development of land.
Okla. Stat. tit. 11, § 11-37-208 — OK Code / Title 11 / Section 11-37-208
Construction of lines through private property -
Status: in_force

Condemnation.

No sewer or water line shall run diagonally through private

property when it is practicable, without injury to the sewer or

water line, to construct it parallel with one of the exterior lines

of such property; nor shall any public sewer or public water line be

constructed through private property when it is practicable to

construct it along or through a street, alley or other public

highway. The municipal governing body shall have the power to

condemn private property for public use, occupation or possession in

the construction and repair of public and district sewers and water

distribution lines, in the same manner as other property is

condemned within the municipality for public uses.
Okla. Stat. tit. 11, § 11-41-109 — OK Code / Title 11 / Section 11-41-109
Donations and grants shown on plat deemed conveyances -
Status: in_force

Title to streets, alleys, etc.

When the plat or map has been completed and certified,

acknowledged, approved and recorded as required by Sections 41-104

through 41-108 of this title, every donation or grant to the

public, or to any individual, any religious society, or to any

corporation or body politic, marked or noted as such on the plat or

map, shall be deemed in law and equity a sufficient conveyance to

vest the fee simple of the tract or parcel of land as expressed in

the plat or map. Such conveyance shall be considered for all

intents and purposes a general warranty against the donor, his heirs

or representatives, to the donee or grantee, for his use for the

uses and purposes named in the plat or map, expressed and intended,

and no other use and purpose whatever. The land intended to be used

for the streets, alleys, ways, commons or other public uses in any

municipality or addition thereto shall be held in the municipality's

corporate name in trust to and for the use and purposes set forth

and expressed or intended.
Okla. Stat. tit. 11, § 11-50-106 — OK Code / Title 11 / Section 11-50-106
General powers of State Board
Status: in_force

The State Board shall, in addition to other powers herein

granted, have power to:

1. Compel witnesses to attend and testify before it upon all

matters connected with the operations of this article or ordinances

enacted by any municipality relative to the System, and in the same

manner as is or may be provided by law for the taking of testimony

Oklahoma Statutes - Title 11. Cities and Towns Page 625

before notaries public; and its Chairman or any member of the State

Board may administer oaths to such witnesses;

2. Provide for the payment of all its necessary expenses, and

pay for actuarial, legal and such other services as shall be

required to transact the business of the System;

3. Provide all rules and regulations necessary for its guidance

in conformity with the provisions of this article including the

physical requirements for eligibility for initial membership in the

System. In connection with such authority, on or after July 1,

2011, the State Board may permit, effective for applicable notices,

elections and consents provided or made for a member, beneficiary,

alternate payee or individual entitled to benefits under the System,

the use of electronic media to provide such applicable notices and

make such elections and consents as described in Section 1.401(a)-21

of the Income Tax Regulations;

4. For the purpose of meeting disbursements for pensions and

other payments, to keep on deposit in one or more banks, trust

companies or savings and loan associations, to the extent that such

deposit is insured, what it considers an adequate amount of cash.

No trustee or employee of the State Board shall, directly or

indirectly, for himself or as an agent, in any manner use the assets

of the System, except to make such current and necessary payments as

are authorized by the State Board, nor shall any trustee or employee

of the State Board become an endorser or surety or become in any

manner an obligor for monies loaned by or borrowed from the State

Board; and

5. Effective July 1, 1999, do all acts and things necessary and

proper to carry out the purpose of the System and to make the least

costly amendments and changes, if any, as may be necessary to

qualify the System under the applicable sections of the Internal

Revenue Code of 1986, as amended.
Okla. Stat. tit. 11, § 11-17-215 — OK Code / Title 11 / Section 11-17-215
Transfer of unexpended or unencumbered appropriation -
Status: in_force

Limitations on encumbrances or expenditures.

A. The chief executive officer, or designee, as authorized by

the governing body, may transfer any unexpended and unencumbered

appropriation or any portion thereof from one department to another

within the same fund; except that no appropriation for debt service

or other appropriation required by law or ordinance may be reduced

below the minimums required.

B. Any fund balance in an enterprise fund of the municipality

may be transferred to another fund of the municipality as authorized

by the governing body. Other interfund transfers may be made only

as adopted or amended according to Section 17-206 or 17-216 of this

title.

C. Whenever the necessity for maintaining any fund of a

municipality has ceased to exist and a balance remains in the fund,

the governing body may authorize the transfer of the balance to the

general fund or any other designated fund, unless otherwise provided

by law.

D. No encumbrance or expenditure may be authorized or made by

any officer or employee which exceeds the available appropriation

for each department within a fund.

Oklahoma Statutes - Title 11. Cities and Towns Page 127
Okla. Stat. tit. 11, § 11-33-101 — OK Code / Title 11 / Section 11-33-101
Purpose of Oklahoma public parks and recreation law
Status: in_force

The purpose of Sections 33-101 through 33-115 of this title is

to promote the establishment, operation and support of public

recreational facilities for the welfare of the people by local

governmental units of Oklahoma either singly or jointly.
Okla. Stat. tit. 11, § 11-49-132 — OK Code / Title 11 / Section 11-49-132
Use of moneys for payment of pensions and other
Status: in_force

benefits and administration of System.

Money paid to the State Board for the benefit of the System

shall, unless otherwise provided by law relating to the

apportionment and payment of such moneys to the several

municipalities of this state, be used solely for the payment of such

pensions and other benefits to retired members of such fire

department, injured or otherwise disabled members of such fire

department, and beneficiaries of deceased members of such fire

department, and such expenses of administering the System, as may be

authorized by law.
Okla. Stat. tit. 11, § 11-36-401 — OK Code / Title 11 / Section 11-36-401
Widening streets - Acquisition of real estate - Payment
Status: in_force

of cost.

A municipality may acquire by condemnation, in the manner

provided by law, or by purchase or gift, the necessary real estate

or interest therein for the purpose of laying out, opening,

extending, widening or straightening any street, boulevard, alley,

park or public square within the municipality. The governing body

may provide for the payment of the costs of the real estate in

accordance with Sections 36-401 through 36-414 of this title and may

purchase the real estate from the capital outlay account for streets

and alleys. Whenever the governing body deems it to be in the best

interest of the municipality to pay the cost of the real estate from

moneys on hand, it may authorize by resolution the payment for the

real estate from the appropriate fund or funds of the municipality,

after transferring the funds to the street and alley account.
Okla. Stat. tit. 11, § 11-29-154 — OK Code / Title 11 / Section 11-29-154
Election costs – Notice to voters
Status: in_force

A. The costs of an election to establish a public safety

protection district shall be paid by the municipality in the

proportions determined by the county election board conducting the

special election.

B. The election to determine whether a district shall be

established, and the notice thereof, shall be conducted in the same

manner as other municipal questions which are submitted to the

electorate of the municipality. The notice shall require the

registered voters of the municipality to cast ballots which contain

the words: "Public Safety Protection District – Yes" and "Public

Safety Protection District – No" or words equivalent thereto. All

residents of the municipality who are qualified electors shall be

qualified to vote on the proposition. The public safety protection

district election shall be conducted in accordance with the general

election laws of the state, and the regular election officials shall

be in charge at the usual polling place of each regular precinct, or

part of a precinct, which shall include lands within the boundaries

of the municipality.
Okla. Stat. tit. 11, § 11-22-138 — OK Code / Title 11 / Section 11-22-138
Municipal collection agency contracts
Status: in_force

A. The governing body of a municipality may enter into a

contract with a collection agency for the provision of collection

services for one or more of the following items:

1. Debts and accounts receivable including, but not limited to,

unpaid fees, penalties, interest, and other sums due the

municipality, as applicable; or

2. Court penalties, costs, fines and fees in cases in municipal

court in which the accused has failed to appear or otherwise failed

to satisfy a monetary obligation ordered by the court.

B. A governing body of a municipality that enters into a

contract with a collection agency pursuant to this section may

authorize the addition of a collection fee in an amount not to

exceed thirty-five percent (35%) on each item described in

subsection A of this section that has been referred by the

municipality to the collection agency for collection. If a

municipality enters into such contract with a collection agency and

authorizes the collection fee, the court shall order defendants to

reimburse the fee arising pursuant to paragraph 2 of subsection A of

this section and such court-ordered fee may be collected as provided

by law for the collection of any other civil debt or criminal

action.
Okla. Stat. tit. 11, § 11-27-115.1 — OK Code / Title 11 / Section 11-27-115.1
Prosecutions by verified complaint - Means of
Status: in_force

verification.

Notwithstanding other provisions of law, when a law enforcement

officer issues a citation or ticket as the basis for a complaint or

information, for an offense against a municipal ordinance which is

declared to be a misdemeanor, the citation or ticket shall be

properly verified if:

1. The issuing officer subscribes the officer's signature on

the citation, ticket or complaint to the following statement:

"I, the undersigned issuing officer, hereby certify and

swear that I have read the foregoing information and know

the facts and contents thereof and that the facts supporting

the criminal charge stated therein are true."

Such a subscription by an issuing officer, in all respects, shall

constitute a sworn statement, as if sworn to upon an oath

administered by an official authorized by law to administer oaths;

and

2. The citation or ticket states the specific facts supporting

the criminal charge and the ordinance or statute alleged to be

violated; or

Oklahoma Statutes - Title 11. Cities and Towns Page 245

3. A complainant verifies by oath, subscribed on the citation,

ticket or complaint, that he has read the information, knows the

facts and contents thereof and that the facts supporting the

criminal charge stated therein are true. For purposes of such an

oath and subscription, any law enforcement officer of the state,

county or municipality of the State of Oklahoma issuing the

citation, ticket or complaint shall be authorized to administer the

oath to the complainant.
Okla. Stat. tit. 11, § 11-2-102 — OK Code / Title 11 / Section 11-2-102
Name of incorporated town or city
Status: in_force

An incorporated municipality may be known as the:

1. "City of _________"; or

2. "Town of _________";

but no municipality which changes its name or incorporates shall

adopt the name of an existing municipality in this state.
Okla. Stat. tit. 11, § 11-37-218 — OK Code / Title 11 / Section 11-37-218
Awarding of contract - Aggregate cost
Status: in_force

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

contractors, the municipal governing body shall examine all bids

received. Without unnecessary delay, the governing body shall award

the contract to the lowest and best bidder. Contractors' bids shall

not be held valid longer than forty-five (45) days after the

deadline for filing the proposals with the municipality. The

aggregate amount of the contract shall not exceed the aggregate

estimate of cost submitted by the engineer. The governing body

shall have the right to award a contract for all or a portion of the

improvement or to reject any or all bids, and to readvertise for

other bids when any bids are not, in its judgment, satisfactory. The

letting of the contract shall not be complete until the contract is

duly executed and the bonds approved.
Okla. Stat. tit. 11, § 11-43-111 — OK Code / Title 11 / Section 11-43-111
Conditions of approval - Standards of evaluation -
Status: in_force

Record of conditions.

A. If a municipal zoning ordinance authorizes the consideration

and approval of planned unit developments pursuant to Section 2 of

this act, or otherwise provides for discretionary decisions, the

Oklahoma Statutes - Title 11. Cities and Towns Page 481

regulations and standards upon which those decisions are made shall

be specified in the ordinance. The standards shall be consistent

with, and promote the intent and purpose of the comprehensive plan

and/or any ordinances, and promote the land use or activity so as to

be compatible with adjacent uses of land, the natural environment,

and the planned capacities of public services and facilities

affected by the land use. The standards shall also ensure that the

land use or activity is consistent with the public health, safety,

and welfare of the municipality.

B. Reasonable conditions may be required in conjunction with

the approval of a planned unit development. Conditions imposed

shall meet the following requirements:

1. Be designed to take into consideration natural environment,

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

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

community as a whole.

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

the proposed use or activity.

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

requirements; be related to the standards established in the

ordinance for the land use or activity under consideration; and be

necessary to ensure compliance with those standards.

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

land use or activity shall be stated in the record of the approval

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

the zoning ordinance with notice as specified thereby. The

approving body shall maintain a record of conditions which are

changed.
Okla. Stat. tit. 11, § 11-23-103.1 — OK Code / Title 11 / Section 11-23-103.1
Employee defined
Status: in_force

As used in Sections 23-101 through 23-103 of this title,

employee means any person who is acting or who has acted in behalf

of a political subdivision or an agency whether that person is

acting on a permanent or temporary basis, with or without being

compensated or on a full-time or part-time basis. Employee also

includes all elected or appointed officers, members of governing

bodies and other persons designated to act for an agency or

Oklahoma Statutes - Title 11. Cities and Towns Page 208

political subdivision, but shall not include independent

contractors.
Okla. Stat. tit. 11, § 11-27-121 — OK Code / Title 11 / Section 11-27-121
Fees and mileage of jurors and witnesses
Status: in_force

The municipal governing body shall determine by ordinance the

fees and mileage that shall be paid to jurors and witnesses in a

municipal court. However, no witness fee shall be paid to any

police or peace officer. The jury fee and mileage due jurors and

witnesses shall be paid as provided by ordinance.
Okla. Stat. tit. 11, § 11-16-106 — OK Code / Title 11 / Section 11-16-106
Unopposed candidates in general election
Status: in_force

Any candidate who is unopposed for an office in a general

municipal election shall be deemed elected and certified; and his

name shall not appear on the general election ballot. If there is

only one candidate for each of the offices which are to be filled at

the election, and no questions are to be voted upon at the election,

the general municipal election shall not be held.
Okla. Stat. tit. 11, § 11-31-104 — OK Code / Title 11 / Section 11-31-104
Powers and duties of library board - Fixing of fees
Status: in_force

The library board shall have control and supervision of the

public library of the municipality. The library board may appoint a

suitable librarian and remove the librarian, subject to approval of

the municipal governing body. The board shall fix any fees to be

charged by the library and shall have such other powers and

authority as may be provided by ordinances of the municipality.
Okla. Stat. tit. 11, § 11-49-117.2 — OK Code / Title 11 / Section 11-49-117.2
Transfer of credited service from or to other
Status: in_force

retirement system.

A. A paid member of the Oklahoma Firefighters Pension and

Retirement System may receive up to five (5) years of credited

service accumulated by the member while a member of the Oklahoma

Police Pension and Retirement System, the Oklahoma Law Enforcement

Retirement System, the Teacher's Retirement System of Oklahoma or

the Oklahoma Public Employees Retirement System, if the member is

not receiving or eligible to receive retirement credit or benefits

from said service in any other public retirement system. To receive

the service credit prior to January 1, 1991, the member shall pay a

five percent (5%) contribution and interest of not to exceed five

percent (5%), as may be required by the State Board for each year of

service transferred pursuant to this section. Effective January 1,

1991, to receive the service credit, the member shall pay the amount

determined by the State Board pursuant to Section 3 of this act.

The transferred credited service of the member from another state

retirement system shall not alter the member's normal retirement

date or vesting requirements. The transferred credited service will

be added after the member reaches normal retirement date.

B. The Oklahoma Firefighters Pension and Retirement System

shall transfer credited service to another state retirement system

upon request of former paid members. Upon transfer, the former

member shall have forfeited all rights in the Oklahoma Firefighters

Pension and Retirement System. Employee and city contributions of

the former municipal retirement systems prior to January 1, 1981,

are not transferable.
Okla. Stat. tit. 11, § 11-22-159 — OK Code / Title 11 / Section 11-22-159
Municipal support of public school systems
Status: in_force

Municipalities may support any public school system located in

whole or in part within the corporate limits of the municipality or

any public school system located outside and completely surrounded

by the corporate limits of the municipality, including without

limitation by the expenditure of municipal revenues for construction

or improvement of public school facilities. In furtherance of

municipal support for any public school system, as authorized by

Oklahoma Statutes - Title 11. Cities and Towns Page 204

this section, the municipal governing body may take all actions

necessary to effectuate such support.
Okla. Stat. tit. 11, § 11-35-202 — OK Code / Title 11 / Section 11-35-202
Necessity of voter authorization prior to sale or lease
Status: in_force

of public utility.

No public utility owned by any municipality, as defined in

Section 35-201 of this title, shall be sold, conveyed, leased or

otherwise disposed of by the municipal governing body unless such

sale, lease, conveyance, or other disposal of such utility shall be

authorized by the vote of a majority of the registered voters of the

municipality voting on the question at an election to be held for

such purpose.
Okla. Stat. tit. 11, § 11-14-101.1 — OK Code / Title 11 / Section 11-14-101.1
Rent control - Prohibition
Status: in_force

A. No municipal governing body may enact, maintain, or enforce

any ordinance or resolution which regulates the amount of rent to be

charged for privately owned, single-family or multiple unit

residential or commercial rental property.

Oklahoma Statutes - Title 11. Cities and Towns Page 78

B. This section shall not be construed to prohibit any

municipality or any authority created by a municipality for that

purpose from:

1. regulating in any way property belonging to that

municipality or authority;

2. entering into agreements with private persons which regulate

the amount of rent charged for subsidized rental properties; or

3. enacting ordinances or resolutions restricting rent for

properties assisted with federal Community Development Block Grant

Funds.
Okla. Stat. tit. 11, § 11-10-106 — OK Code / Title 11 / Section 11-10-106
Powers vested in council - Designated powers
Status: in_force

All powers of a statutory council-manager city, including the

determination of matters of policy, shall be vested in the council.

Without limitation of the foregoing, the council may:

1. Appoint and remove the city manager as provided by law;

2. Enact municipal legislation subject to limitations as may

now or hereafter be imposed by the Oklahoma Constitution and law;

3. Raise revenue, make appropriations, regulate salaries and

wages, and all other fiscal affairs of the city, subject to such

limitations as may now or hereafter be imposed by the Oklahoma

Constitution and law;

Oklahoma Statutes - Title 11. Cities and Towns Page 54

4. Inquire into the conduct of any office, department or agency

of the city, and investigate municipal affairs, or authorize and

provide for such inquiries;

5. Appoint or elect and remove its own subordinates, members of

commissions and boards and other quasi-legislative or quasi-judicial

officers as provided by law, or prescribe the method of appointing

or electing and removing them;

6. Create, change and abolish offices, departments and agencies

other than those established by law, and assign additional functions

and duties to offices, departments and agencies established by this

article; and

7. Grant pardons for violations of municipal ordinances,

including the remission of fines and costs, upon the recommendation

of the municipal judge.
Okla. Stat. tit. 11, § 11-20-103 — OK Code / Title 11 / Section 11-20-103
Changes proposed by governing body - Notice
Status: in_force

The governing body shall give at least thirty (30) days' notice

of the proposal by the governing body to change the name,

boundaries, or number of wards. The notice shall be published at

least once. After the thirty-day notice period, the governing body

may make the proposed changes by ordinance which shall be approved

by a two-thirds (2/3) vote of its members.
Okla. Stat. tit. 11, § 11-15-109 — OK Code / Title 11 / Section 11-15-109
Time for submission of measures to voters
Status: in_force

Whenever a referendum is demanded against any measure passed by

the municipal governing body, or whenever an initiative petition

demands an amendment to the municipal charter, the question shall be

submitted to the registered voters of the municipality for their

approval or rejection at a special election called by the municipal

governing body for that purpose or at the next general election,

general municipal election or biennial or special town meeting if

the municipality is subject to the Oklahoma Town Meeting Act.

Oklahoma Statutes - Title 11. Cities and Towns Page 90
Okla. Stat. tit. 11, § 11-36-411 — OK Code / Title 11 / Section 11-36-411
Description of property - Delivery of copy of ordinance
Status: in_force

- Making improvements.

The ordinance of necessity shall particularly describe the tract

of land necessary to be taken for public use and a copy of the

ordinance, duly certified by the municipal clerk, shall be delivered

to:

1. The Governor, if the property to be taken is state property;

Oklahoma Statutes - Title 11. Cities and Towns Page 351

2. The county clerk, if the property to be taken is county

property; and

3. To the clerk of the school district or board of education,

if the property to be taken is school property.

Upon passage and proper delivery of the ordinance of necessity, the

municipality shall have the power to immediately enter upon the land

and improve it by opening, widening, extending or laying out, over,

upon and across the land a street or avenue, and the land so taken

shall become a part of the street system of the municipality. When

the ordinance of necessity has been passed, it shall be considered

conclusive evidence in any court of the public necessity for

opening, widening, or laying out such street.
Okla. Stat. tit. 11, § 11-31-105 — OK Code / Title 11 / Section 11-31-105
Grounds and building
Status: in_force

The library board shall have the power, with the approval of the

municipal governing body, to purchase grounds and erect thereon a

suitable building for the use of the municipal library and to

suitably equip the same, and to lease rooms or buildings for the use

of the library. The title to any grounds so purchased or leased, as

well as any building thereon, shall be taken in the name of the

municipality as grantee.
Okla. Stat. tit. 11, § 11-10-104 — OK Code / Title 11 / Section 11-10-104
Election of mayor and vice-mayor
Status: in_force

The council shall elect from among its members a mayor and a

vice-mayor. The mayor and vice-mayor shall be elected in each odd-

numbered year at the first council meeting held after council terms

begin, or as soon thereafter as practicable, and they shall serve

until their respective successors have been elected and qualified.
Okla. Stat. tit. 11, § 11-9-118 — OK Code / Title 11 / Section 11-9-118
City officials and employees - Suspension or removal -
Status: in_force

Successors.

An appointed officer or employee may be suspended, demoted, laid

off or removed by the mayor. Where appeal procedures have not been

established by ordinance, the officer or employee may appeal the

action to the city council. The appeal shall be in writing and

shall be filed with the clerk of the council within ten (10) days

after the effective date of the layoff, suspension, demotion or

removal. The council may affirm, reverse or modify the mayor's

decision. The mayor may appoint a person to act during the

temporary absence, disability or suspension of such officer or

employee, or, in the case of a vacancy, until a successor is

appointed and qualified.
Okla. Stat. tit. 11, § 11-22-161 — OK Code / Title 11 / Section 11-22-161
Short title
Status: in_force

This act shall be known and may be cited as the "Municipal Motor

Vehicle Racing Act".
Okla. Stat. tit. 11, § 11-4-103 — OK Code / Title 11 / Section 11-4-103
Alternative procedure for incorporated towns
Status: in_force

As an alternative procedure to filing a petition with the board

of county commissioners, the board of trustees of an incorporated

town, by resolution, may direct the mayor to submit the question of

whether or not the town shall become a city to the registered voters

of the town at a special or general election. The resolution shall:

Oklahoma Statutes - Title 11. Cities and Towns Page 33

1. Divide the municipality into the required number of wards for

purposes of the proposed city;

2. Designate the statutory form of city government that is

proposed for the city when it becomes incorporated; and

3. Name the date for the election.

If a majority of the votes cast are in favor of incorporation as a

city, as certified by the county election board, the town board

shall adopt a resolution declaring that the city has been

incorporated and naming the date for the election of city officers.

The city shall, from the date of the board's resolution, be deemed a

body corporate and an incorporated city.
Okla. Stat. tit. 11, § 11-29-156 — OK Code / Title 11 / Section 11-29-156
Annual assessment – Proceeds - Exemptions
Status: in_force

A. There shall be levied an annual assessment no greater than

five (5) mills on the dollar of assessed value of the types of

property in the district as provided in paragraphs 1, 2 and 3 of

subsection A of Section 2803 of Title 68 of the Oklahoma Statutes,

the proceeds of which shall be used for the operation and

maintenance of the public safety protection district including

Oklahoma Statutes - Title 11. Cities and Towns Page 274

expenses related to any of the following, or combination of the

following purposes:

1. Purchasing and maintaining public safety equipment;

2. Purchasing and maintaining public safety vehicles;

3. Payment of salaries and benefits of the municipal employees

who provide law enforcement or fire protection public safety

services or both law enforcement and fire protection public safety

services within the district;

4. Payment of salaries and benefits of the municipal employees

who provide emergency medical services; or

5. Payment for emergency medical services provided by the

municipality.

Such proceeds may also be used for payment of any costs related

to fire and police operations. Such assessment shall only be levied

on the types of property located in the district as provided in

paragraphs 1, 2 and 3 of subsection A of Section 2803 of Title 68 of

the Oklahoma Statutes.

B. The annual assessment provided in subsection A of this

section shall not apply to real property zoned for agricultural or

industrial land use, livestock employed in support of the family,

implements of husbandry as defined by Section 1-125 of Title 47 of

the Oklahoma Statutes, personal property owned by agricultural

business entities and public service corporations as defined by

Section 2808 of Title 68 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-8-109 — OK Code / Title 11 / Section 11-8-109
Vacancies in office
Status: in_force

A. When a vacancy occurs in an office of an elected municipal

official except the mayor, the governing body shall appoint, by a

majority vote of the remaining members, a person to fill the vacancy

until the next general municipal election, or the next biennial town

meeting if the municipality is subject to the Oklahoma Town Meeting

Act, Section 16-301 et seq. of this title, and to serve until a

successor is elected and qualified. Any vacancy shall then be

filled at the next general municipal election or biennial town

meeting by election of a person to complete the balance of any

unexpired term. If the vacancy has not been filled within sixty (60)

days after it occurs, the governing body shall call for a special

election or a special town meeting for the purpose of filling the

vacancy for the duration of the unexpired term unless said vacancy

occurs or said election would occur within one hundred twenty (120)

days prior to the first day of the filing period for the next

general municipal election or within one hundred twenty (120) days

prior to the next biennial town meeting. If a vacancy is not filled

by the special election or at a special town meeting, it shall be

filled by appointment as provided for in this subsection.

B. If a majority of the offices of a governing body become

vacant more than sixty (60) days before the beginning of a regular

filing period for general municipal elections or more than sixty

(60) days before the biennial town meeting, the remaining members of

the governing body shall call for a special election or a special

town meeting, if the municipality is subject to the Oklahoma Town

Meeting Act, to be held as soon as possible in the municipality for

the purpose of filling all vacant offices for the remainder of their

unexpired terms if the election or town meeting can be held more

than sixty (60) days before the beginning of the filing period for

Oklahoma Statutes - Title 11. Cities and Towns Page 42

the general election or more than sixty (60) days before the next

biennial town meeting. The remaining members of the governing body

may pay claims in accordance with Section 17-102 of this title and,

when necessary to avoid financial loss or injury to a person or

property, may take any action otherwise authorized for the governing

body except the enactment of an ordinance.

C. If all the offices of the governing body become vacant, the

municipal clerk or acting municipal clerk shall be the interim mayor

until a member of the governing body is elected and qualified. If

there is no municipal clerk or acting municipal clerk in office, the

municipal treasurer shall serve as interim mayor and acting

municipal clerk. If there is no municipal officer in office, the

Governor may appoint a registered voter of the municipality as

interim mayor and acting municipal clerk. The appointed interim

mayor shall give bond for the faithful performance of his duties

within ten (10) days after his appointment. The municipality shall

pay the premium on the bond.

D. The interim mayor shall exercise the authority of the

governing body for only those purposes set out in this section.

1. Within five (5) days of the occurrence of the last vacancy,

the interim mayor shall call a special election or a special town

meeting, if the municipality is subject to the provisions of the

Oklahoma Town Meeting Act, for the purpose of filling the unexpired

terms in accordance with subsection B of this section. If all of

the offices of the governing body become vacant sixty (60) days or

less before the beginning of a regular filing period for general

elections or sixty (60) days or less before the next biennial town

meeting, the interim mayor shall call the regular general election

or the biennial town meeting, whichever is appropriate. If the

interim mayor fails or refuses to call an election or town meeting,

whichever is appropriate, the board of county commissioners of the

county in which the municipality is located shall call the election

or town meeting. The county sheriff, or his deputy, shall attend

any town meeting called by the board of county commissioners and, if

the interim mayor fails to conduct the meeting, shall moderate the

meeting. The interim mayor or the sheriff or deputy who is

moderating the meeting is authorized to appoint a registered voter

of the municipality to take the minutes of the meeting. If the

vacancies are not filled by the election or town meeting called for

the purpose, the Governor may appoint registered voters of the

municipality to fill the vacancies without regard to wards for the

balance of the unexpired term.

2. The interim mayor may pay claims in accordance with

subsection C of Section 17-102 of this title. The interim mayor

shall submit a list of such payments to the governing body of the

municipality no later than the second regular meeting after the

vacancies are filled.

Oklahoma Statutes - Title 11. Cities and Towns Page 43

E. To be eligible for appointment to fill a vacancy in an

elected municipal office a person must meet the same qualifications

required for filing a declaration for candidacy for that office.
Okla. Stat. tit. 11, § 11-32-117 — OK Code / Title 11 / Section 11-32-117
Disposal of parking station property
Status: in_force

If any parking station so acquired and improved shall become

unsuitable or unusable as a parking station, the governing body, by

ordinance, may discontinue the use of the land as a parking station

and use the same for other municipal purposes or sell the same as

provided by law.
Okla. Stat. tit. 11, § 11-11-105 — OK Code / Title 11 / Section 11-11-105
Mayor - Duties as president of council - Temporary
Status: in_force

council president.

A. The mayor shall preside at meetings of the council and shall

certify to the correct enrollment of all ordinances and resolutions

passed by it. As councilmember at large, he shall have all the

powers, rights, privileges, duties and responsibilities of a

councilmember, including the right to vote on questions.

B. The council may elect any councilmember to preside as

temporary president of the council whenever it deems that the mayor

has a personal interest in a matter under consideration, or it deems

that the mayor is not properly performing his duties as presiding

officer. Such temporary president may certify to the correct

enrollment of ordinances and resolutions passed while he is

presiding.
Okla. Stat. tit. 11, § 11-50-102.1 — OK Code / Title 11 / Section 11-50-102.1
Police Pension and Retirement System - Creation -
Status: in_force

Status - Powers and duties.

There is created the Oklahoma Police Pension and Retirement

System which shall be a body corporate and an instrumentality of

this state. The System shall be vested with the powers and duties

specified in this act and such other powers as may be necessary to

enable it and its officers and employees to carry out fully and

effectively the purposes and intent of this article. All assets of

the System shall be held in trust for the exclusive purpose of

providing benefits for the members and beneficiaries of the System,

including defraying reasonable expenses of administering the System,

and shall not be encumbered for or diverted to any other purpose.

This System shall be the responsibility of the state and not that of

the participating municipalities.
Okla. Stat. tit. 11, § 11-13-105 — OK Code / Title 11 / Section 11-13-105
Preparation of charter
Status: in_force

The board of freeholders shall prepare a charter for the

municipality within ninety (90) days after their election. The

charter shall be consistent with and subject to the Oklahoma

Constitution and shall not be in conflict with the Constitution and

laws relating to the exercise of initiative and referendum.

The proposed charter shall be signed in duplicate by at least a

majority of the freeholders. One copy of the proposed charter shall

be given to the mayor and the other shall be given to the county

clerk of the county in which the situs of the municipality is

located.
Okla. Stat. tit. 11, § 11-8-103 — OK Code / Title 11 / Section 11-8-103
Oath of office
Status: in_force

Any officer, elected or appointed, before entering upon the

duties of his office, shall take and subscribe to the oath or

affirmation of office prescribed by the Oklahoma Constitution. The

oath or affirmation shall be filed in the office of the municipal

clerk.
Okla. Stat. tit. 11, § 11-22-132 — OK Code / Title 11 / Section 11-22-132
Authority to have records photographed or reproduced on
Status: in_force

film or stored on optical disk - Original record - Storage.

A. The head of any municipal department, commission, bureau or

board may have any or all records kept by the official, department,

commission, bureau or board photographed, microphotographed,

photostated, reproduced on film or stored on optical disk. Such

film or reproducing material shall be of durable material and the

device used to reproduce such records on film or other material

Oklahoma Statutes - Title 11. Cities and Towns Page 187

shall be such as to accurately reproduce and perpetuate the original

records in all details.

B. The photostatic copy, photograph, microphotograph,

photographic film or optical disk of the original records shall be

deemed to be an original record for all purposes, and shall be

admissible in evidence in all courts or administrative agencies. A

facsimile, exemplification or certified copy thereof shall, for all

purposes recited herein, be deemed to be a transcript,

exemplification or certified copy of the original.

C. Whenever photostatic copies, photographs, microphotographs,

reproductions on films or optical disks shall be placed in

conveniently accessible files and provisions made for preserving,

examining and using same, the head of any municipal department,

commission, bureau or board may certify those facts to the municipal

governing body. Following such certification, the governing body

may, by ordinance or resolution, authorize the disposal, archival

storage or destruction of the original records and papers before the

expiration of the retention period established pursuant to Section

22-131 of this title.
Okla. Stat. tit. 11, § 11-50-113 — OK Code / Title 11 / Section 11-50-113
Purposes of pension fund - Limitation on payments
Status: in_force

All the funds in the System shall be used only for the following

purposes:

1. For investments as authorized by law;

2. For the payment of allowances to injured and disabled

members of any participating municipality;

3. For the payment of pensions for long service to retired

members of any participating municipality;

4. For the payment of a pension to any beneficiary of any

member eligible for a pension;

5. For the payment of any professional services deemed

necessary by the State Board;

6. For the payment of warrant deductions upon proper

authorization given by the member to the Board from which the member

or beneficiary is currently receiving retirement benefits for any

Oklahoma Statutes - Title 11. Cities and Towns Page 642

insurance premium due an insurance organization for life, accident,

and health insurance.

The System has no responsibility for the marketing, enrolling or

administration of the products for which warrant deductions are

authorized under this paragraph.

Approval of a warrant deduction for any insurance organization,

line of coverage or policy shall not be construed as an assumption

of liability, for the terms of the policy or the performance of the

insurance organization by the Oklahoma Police Pension and Retirement

System;

7. For the payment of membership dues in a statewide

association limited to Oklahoma Police Pension and Retirement System

members with a minimum membership of one thousand dues-paying

members upon proper authorization given by the member; and

8. Any other purposes authorized by law.

Such payments in any event shall not exceed the limits provided in

this article.
Okla. Stat. tit. 11, § 11-28-104 — OK Code / Title 11 / Section 11-28-104
Powers and duties of judge
Status: in_force

A judge of the municipal criminal court of record shall have

power to administer oaths, keep and preserve the records of the

Oklahoma Statutes - Title 11. Cities and Towns Page 257

court, certify transcripts and other records and shall have and

possess such other general powers as are possessed by the district

judge. The judge shall also approve all recognizances and bonds to

which persons charged, or convicted, may be admitted and shall

determine and fix the amount thereof.
Okla. Stat. tit. 11, § 11-35-203 — OK Code / Title 11 / Section 11-35-203
Procedure for sale or lease of public utility - Notice
Status: in_force

- Election.

The procedure for the sale or lease of a municipally-owned

public utility shall be as follows:

1. When the governing body of any municipality, as defined in

Section 35-201 of this title, desires to offer for sale or lease any

public utility belonging to the municipality, it shall authorize by

resolution the proper officers of the municipality to give notice

and advertise for bids. The notice shall state that on a specified

day the governing body will receive open bids for the sale or lease

of the public utility. The notice shall also state the requirements

for submission of bids, as provided in Section 35-204 of this title;

2. The notice shall be published in two (2) consecutive issues of a

Oklahoma Statutes - Title 11. Cities and Towns Page 313

newspaper of general circulation in the municipality. The two

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

publication of the notice shall be at least fifteen (15) days before

open bids will be received;

3. The municipal governing body shall receive bids on the

specified date and select the highest and best bid for the sale or

lease of the public utility, if satisfactory to the governing body;

4. After selecting the highest and best bidder, the governing

body shall, by ordinance, call for an election for the submission of

the following propositions to the registered voters of the

municipality:

a. the question of the proposed sale or lease of the

public utility to the highest and best bidder, and;

b. at the same time, the question of the granting of a

franchise to the bidder if such a franchise is required by the

Oklahoma Constitution.

The questions shall be submitted on the same day. If a franchise is

required by the Oklahoma Constitution, the sale of the utility shall

be conditioned upon the franchise being granted to the bidder by

vote of the people at the election. The election shall be conducted

in the manner provided by law for the granting of franchise; and

5. If the highest and best bidder for the public utility under

the procedure herein defined shall be the owner of a competing

utility operating under a valid franchise or permit, it shall be

necessary only to submit to the registered voters the question of

the sale of the municipal utility.
Okla. Stat. tit. 11, § 11-22-140.3 — OK Code / Title 11 / Section 11-22-140.3
Code violation fees and costs enforced in rem —
Status: in_force

Owner-occupied property exception.

Notwithstanding any law to the contrary, any fees, penalties,

and abatement costs imposed against property other than owner-

occupied real property for violations of a municipality's housing

and building codes adopted pursuant to the statutes of the State of

Oklahoma may be enforced in rem as a lien in accordance with this

act; provided, however, such enforcement shall not commence until

the cumulative amount of fees, penalties, and abatement costs

outstanding equals or exceeds One Thousand Five Hundred Dollars

($1,500.00).

Every municipal code lien, as defined in this act, shall be

superior to all other liens, except those liens for taxes described

or referenced in Section 3103 of Title 68 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-49-101.1 — OK Code / Title 11 / Section 11-49-101.1
Purchase of credited service
Status: in_force

An eligible employer joining the Oklahoma Firefighters Pension

and Retirement System on or after July 1, 2000, may purchase up to

five (5) years of credited service for each volunteer member of a

volunteer fire department at the annual contribution rate in effect

as of the date of the purchase, provided verifiable evidence of

active firefighter service for the purchased years for each

individual is provided to the System. Even though the participating

Oklahoma Statutes - Title 11. Cities and Towns Page 528

municipality is exempt from contributions, contributions must be

paid for a volunteer firefighter to receive purchased credited

service. Payment for purchased credited service must be received by

the System within six (6) months of the date the eligible employer

becomes a participating municipality, and may be paid by the

individual member. Six (6) months from the date the eligible

employer becomes a participating municipality, any eligible prior

credited service not purchased shall expire and not be available for

determining benefits. Eligibility to receive purchased credited

service shall be limited to those members of the new volunteer fire

department enrolled at the time the eligible employer applies for

affiliation with the System pursuant to Section 49-105.2 of Title 11

of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-37-207 — OK Code / Title 11 / Section 11-37-207
Costs of district sewer and water distribution lines
Status: in_force

The costs of district sewers and district water distribution

lines, including mains and submains properly included in the

district, shall be assessed and collected as hereinafter provided.

The municipality shall incur no liability for building district

sewers, except when the municipality is the owner of a lot within

the district, and in that case the municipality shall be liable for

the costs of the sewer in the same manner as other property owners

within the district.
Okla. Stat. tit. 11, § 11-21-203 — OK Code / Title 11 / Section 11-21-203
Approval of annexation - Recording of resolution and
Status: in_force

plat.

If a majority of the votes cast in the election are in favor of

annexation of the territory and relocation of the municipality, the

governing body shall so declare by resolution, and a copy of the

resolution and the plat shall be filed for record in the office of

the county clerk and the office of the Secretary of State. If part

or all of the territory comprised within the new site is located in

a county other than that in which the municipality is located, the

resolution and plat shall be recorded in each county. Upon the date

of the filing of the resolution and the plat, the territory shall be

annexed to and be the site of the municipality.
Okla. Stat. tit. 11, § 11-5-104 — OK Code / Title 11 / Section 11-5-104
Certification of results - Order of incorporation -
Status: in_force

Notice of election of town officers - Fees and expenses.

The county election board shall canvass the returns of the

election. Within five (5) days after the canvass of the returns of

the election, the secretary of the county election board shall

certify to the board of commissioners the results of the election.

If a majority of the votes cast in the election are in favor of the

city incorporating as a town, the board of commissioners shall,

within twenty (20) days after receiving the result of the vote,

issue an order declaring the town's incorporation and naming the

date for the election of town officers. Notice of the election of

town officers shall be in the manner provided by law for municipal

elections. All expenses for the election on the question of

incorporation and the election of officers shall be paid by the

incorporated town.
Okla. Stat. tit. 11, § 11-31-107 — OK Code / Title 11 / Section 11-31-107
Donations
Status: in_force

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

property for the benefit of the municipal library shall have the

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

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

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

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

property or money donated.
Okla. Stat. tit. 11, § 11-30-108 — OK Code / Title 11 / Section 11-30-108
Grounds and building
Status: in_force

The board of control shall have the power, with the approval of

the municipal governing body, to purchase grounds and erect thereon

a suitable building for the hospital and to suitably equip the same.

The title to the grounds so purchased, as well as any building

thereon, shall be taken in the name of the municipality as grantee.
Okla. Stat. tit. 11, § 11-49-122.2 — OK Code / Title 11 / Section 11-49-122.2
Transfer of assets to State Board
Status: in_force

Any municipality having a Firefighters Pension and Retirement

Fund prior to January 1, 1981, shall transfer all assets of such

fund to the State Board on July 1, 1981. Assets shall be

transferred in the form of cash, negotiable securities and such

other specific assets as permitted by the State Board.
Okla. Stat. tit. 11, § 11-37-209 — OK Code / Title 11 / Section 11-37-209
District sewer or water lines without petition -
Status: in_force

Preliminary plans and costs.

Whenever the governing body deems district sewers or district

water distribution lines necessary, it may proceed with such work

without petition, and shall require, by resolution, the municipal

engineer, or other registered professional engineer, to prepare and

file preliminary plans, showing a preliminary estimate of the cost

of such improvement, and an assessment plat showing the area to be

assessed. In the event noncontiguous areas are included in the same

district, separate preliminary estimates shall be filed as to each

area. The governing body may adopt any material or methods for the

construction of such work.
Okla. Stat. tit. 11, § 11-47-124 — OK Code / Title 11 / Section 11-47-124
Judicial review
Status: in_force

A judicial review in the district court in the county in which

the situs of the municipality is located may be had of any ruling,

regulation, interpretation, order, requirement, refusal, permit,

approval, or decision made under the terms of this article when such

action is alleged to be arbitrary, unreasonable or capricious, and

that by reason thereof such action has, or if enforced, will work an

unnecessary hardship on or create substantial harm or loss to the

complaining party.
Okla. Stat. tit. 11, § 11-12-104 — OK Code / Title 11 / Section 11-12-104
Election of mayor
Status: in_force

The board of trustees shall elect from among its members a

mayor. The mayor shall be elected in each odd-numbered year at the

first board of trustees meeting held after trustee terms begin, or

as soon thereafter as practicable. The mayor shall serve until his

successor has been elected and qualified. All references to the

president of the town board of trustees in Oklahoma Statutes shall

mean the town mayor.
Okla. Stat. tit. 11, § 11-33-110 — OK Code / Title 11 / Section 11-33-110
Bonds - Power to issue - Manner of issuance
Status: in_force

The governing body of the governmental unit may issue bonds,

pursuant to law, provided that bonds of the governmental unit may be

issued in the manner provided by law for the issuance of bonds for

Oklahoma Statutes - Title 11. Cities and Towns Page 296

other functions, for the purpose of acquiring land or buildings for

playgrounds, recreation centers, swimming pools and other

recreational purposes, and for the equipment thereof.
Okla. Stat. tit. 11, § 11-50-121 — OK Code / Title 11 / Section 11-50-121
Ordinances to accomplish purpose of article
Status: in_force

The governing body of any participating municipality is

authorized to pass any ordinances specifically mentioned in this

article, and such other ordinances as shall be necessary to

accomplish the purposes provided in this article, provided that no

ordinance shall conflict with the provisions of this article.
Okla. Stat. tit. 11, § 11-36-219 — OK Code / Title 11 / Section 11-36-219
Due date of first installment - Payment of assessment -
Status: in_force

Interest on delinquent installments.

A. The first installment of the assessment, together with

interest upon the whole assessment from the date of the passage of

the assessing ordinance to the first day of the next September,

shall be due and payable in cash on or before the first day of

September next succeeding the passage of the assessing ordinance. If

the assessing ordinance is not passed prior to the first day of July

in any year, the first installment of the assessment shall be due

and payable in cash with interest from the date of the passage of

the assessing ordinance to the first day of September of the

following year.

B. The assessments shall be payable as the several installments

become due, together with the interest thereon, to the municipal

clerk, who shall give proper receipts for the payments, and credit

the payments upon the Street Assessment Record. In case any

installment or interest is not paid when due, the installment so

matured and unpaid and the unpaid interest thereon shall draw

interest at the rate of twelve percent (12%) per annum from maturity

until paid, except as otherwise provided.

C. No statute of limitations shall commence to run against any

installment until after the maturity of all installments.
Okla. Stat. tit. 11, § 11-26-209 — OK Code / Title 11 / Section 11-26-209
Removal or death of trustee
Status: in_force

A perpetual care fund trustee may be removed by the court or

judge thereof at any time for cause. In the event of removal or

death, the court or judge must appoint a new trustee and require his

predecessor or his personal representative to make full accounting

for all the property belonging to the trustee.
Okla. Stat. tit. 11, § 11-39-115 — OK Code / Title 11 / Section 11-39-115
Bonds
Status: in_force

A. To pay all or any part of the cost of the improvement, the

governing body may issue, in the name of the city or a public trust

entity acting on behalf of the city, bonds in one or more series and

in amounts not exceeding the total cost of the improvement financed

by each series, including costs of issuance, capitalized interest,

funding of reserves, premiums for reserve surety bonds, and

obtaining bond insurance, letters of credit or other credit

enhancement or liquidity instruments in connection with each series.

If the bonds recite that:

1. The proceedings relating to making the improvement and

levying the assessments to pay for the improvement have been done in

compliance with law; and

2. All prerequisites to the fixing of the assessment lien

against the tract or parcel of land benefited by the improvement

have been performed;

such recital shall be conclusive evidence of the facts recited.

B. The bonds shall:

1. Recite the terms and conditions for their issuance;

2. Be payable from the money collected from the assessment

authorized in Section 39-111 of this title;

3. Bear a rate of interest not less than two percent (2%) of

the rate of interest on the deferred installments of the assessment;

and

4. Mature not later than thirty (30) years after the date of

issuance of the bonds of a particular series.

C. Payment of the bonds issued for a storm sewer, lighting,

street, alley, curb, gutter or sidewalk improvement may be

Oklahoma Statutes - Title 11. Cities and Towns Page 443

supplemented from gasoline tax money remitted by the State of

Oklahoma on or before a date not more than twelve (12) months after

the last deferred installment of an assessment is due from the owner

of a tract or parcel of land so assessed. Payment of the bonds

issued for a water, sewer, gas, electric or other improvement may be

supplemented from the funds received by the water, sewer, gas,

electric or other facility on or before a date not more than twelve

(12) months after the last deferred installment of an assessment is

due from the owner of a tract or parcel of land so assessed.

D. The bonds may be issued to the contractor in payment for the

construction of the improvement or may be issued and sold:

1. In payment of the city's proportion of the cost of the

improvement;

2. In payment of the proportionate cost if the improvement is

done in cooperation with another governmental agency;

3. In payment of the construction of the improvement done under

contract; or

4. In reimbursement to the city if the city constructed the

improvement with city owned or leased equipment and city employees.

E. Any city may contract for the issuance and sale of bonds or

assignable certificates.

F. Bonds or assignable certificates may be sold at a public or

private sale at a discount.

G. After the passage of thirty (30) days from the publication

of the ordinance or resolution authorizing the issuance of district

bonds, any action attacking the validity of any proceedings had or

taken by the governing body of the city preliminary to and in the

authorization and issuance of the bonds described in the notice is

perpetually barred.
Okla. Stat. tit. 11, § 11-10-108 — OK Code / Title 11 / Section 11-10-108
Council - Meetings
Status: in_force

The council shall meet regularly at least monthly at such times

as it may prescribe by ordinance or otherwise. The mayor or any

three councilmembers may call special meetings.
Okla. Stat. tit. 11, § 11-50-127 — OK Code / Title 11 / Section 11-50-127
Limitation on withdrawal from System
Status: in_force

A member shall not be permitted to withdraw from the System

while employed as an officer or while undergoing police training in

a participating municipality.
Okla. Stat. tit. 11, § 11-36-207 — OK Code / Title 11 / Section 11-36-207
Right of property owner to institute action in district
Status: in_force

court - Waiver of objections.

Any property owner, or other person interested in the proposed

improvement, shall have the right to institute an action in the

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

located, at any time not later than fifteen (15) days after the

action of the municipal governing body in adopting and approving the

plans, profiles, specifications, estimates and assessment plat, to

contest such action. Any suit instituted after the expiration of

the fifteen (15) days shall not be maintained to question the plans,

profiles, specifications, estimates or assessment plat, and the

property owners liable for assessment shall be deemed to have waived

all objections thereto.
Okla. Stat. tit. 11, § 11-24-121 — OK Code / Title 11 / Section 11-24-121
Partial Invalidity
Status: in_force

Partial Invalidity. If any provision of this act or the

application thereof to any person or circumstance shall be held to

be invalid, the remainder of the act, and the application of such

provision to other persons or circumstances, shall not be affected

thereby.
Okla. Stat. tit. 11, § 11-21-115 — OK Code / Title 11 / Section 11-21-115
Inclusion of territory in public records or notices –
Status: in_force

Presumption of validity.

In the event any territory has been included within public

records or public notices describing the corporate boundaries of a

municipality for purposes of an election or ad valorem tax

assessment of the municipality for five (5) consecutive years, there

shall be a rebuttable presumption that the territory is situated

within the municipality. The public records and public notices

shall be evidence of the jurisdiction of the municipality over the

territory in all suits by or against the municipality.
Okla. Stat. tit. 11, § 11-2-101 — OK Code / Title 11 / Section 11-2-101
Incorporation of a municipality
Status: in_force

A. Any community of people residing in compact form may become

incorporated as a town in the manner provided in Sections 3-101

through 3-107 of this title. If the resident population is one

Oklahoma Statutes - Title 11. Cities and Towns Page 27

thousand (1,000) or more, a town or community of people residing in

compact form may become incorporated as a city in the manner

provided in Sections 4-101 through 4-107 of this title.

B. Any community which has operated as an incorporated

municipality for twenty-five (25) years or more but which does not

have any evidence of its articles of incorporation shall be presumed

to have incorporated as the statutory form of municipal government

under which it has operated. Such community may file with the

Secretary of State any historical evidence of its incorporation.

Notice of said filing shall be published one time. If no action

challenging the presumption of incorporation is brought within sixty

(60) days after publication of the notice of filing, the presumption

of incorporation shall be conclusive.
Okla. Stat. tit. 11, § 11-49-100.11 — OK Code / Title 11 / Section 11-49-100.11
Deposits of contributions and dedicated revenues -
Status: in_force

Warrants and vouchers.

A. All employee and employer contributions and dedicated

revenues shall be deposited in the Oklahoma Firefighters Pension and

Retirement Fund in the State Treasury. The State Board shall have

the responsibility for the management of the Oklahoma Firefighters

Pension and Retirement Fund, and may transfer monies used for

investment purposes by the Oklahoma Firefighters Pension and

Retirement System from the Oklahoma Firefighters Pension and

Retirement Fund in the State Treasury to the custodian bank or trust

company of the System.

B. All benefits payable pursuant to the provisions of the

Oklahoma Firefighters Pension and Retirement System, refunds of

contribution and overpayments, and all administrative expenses in

connection with the System shall be paid from the Oklahoma

Firefighters Pension and Retirement Fund upon warrants or vouchers

signed by two persons designated by the State Board. The State Board

may transfer monies from the custodian bank or trust company of the

System to the Oklahoma Firefighters Pension and Retirement Fund in

the State Treasury for the purposes specified in this subsection.
Okla. Stat. tit. 11, § 11-50-115 — OK Code / Title 11 / Section 11-50-115
Disability benefit - Eligibility - Award - Evidence of
Status: in_force

disability - Continuance of salary - Exposure to hazardous

substances - Health insurance payments.

A. The State Board is authorized to pay a disability benefit to

a member of the System or a pension to the beneficiaries of such

member eligible as hereinafter provided, not exceeding the accrued

retirement benefit of the member, except as otherwise provided in

this article. Such disability benefit shall be payable immediately

upon determination of eligibility. Any preexisting condition

identified at the time of any initial or subsequent membership shall

be used to offset the percentage of impairment to the whole person

in determining any disability benefit. Once the initial disability

benefit has been awarded by the Board on the basis of the percentage

of impairment to the whole person, the member shall have no further

recourse to increase the awarded percentage of impairment.

B. In order for any member to be eligible for any disability

benefit, or the member’s beneficiaries to be eligible for a pension,

the member must have complied with any agreement as to contributions

by the member and other members to any funds of the System where the

agreement has been made as provided by this article; and the State

Board must find:

1. That the member incurred a permanent total disability or a

permanent partial disability or died while in, and in consequence

of, the performance of duty as an officer; or

2. That such member has served ten (10) years and incurred a

permanent total disability or a permanent partial disability or has

died from any cause.

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

a disability benefit or is eligible therefor as provided in this

article, the member’s beneficiary shall be paid the benefit.

Oklahoma Statutes - Title 11. Cities and Towns Page 668

D. 1. As of the date of determination by the State Board that

a member has a permanent in-line disability, the member shall be

awarded a normal disability benefit, as defined in Section 50-101 of

this title.

2. If an injury to a member results from a violent act as

defined by this paragraph while in the performance of his or her

duties as a police officer, the State Board shall make a

determination that the member has sustained a one-hundred-percent

disability and shall make the benefit award in accordance with that

standard. As used in this paragraph, “violent act” means a violent

attack upon the member by means of a dangerous weapon including, but

not limited to, a firearm, knife, automobile, explosive device or

other dangerous weapon.

E. If the participating municipality denies a disabled member

the option of continuing employment instead of retiring on a

disability pension, then the burden of proof rests with the

participating municipality to show cause to the State Board that

there is no position as a sworn officer within the police department

of that municipality which the member can fill.

F. Upon determination by the State Board that a member is

physically or mentally disabled and that the disability is permanent

and total and that the member has completed ten (10) years of

credited service and is disabled by any cause, the member shall

receive a disability benefit on the basis of the member’s accrued

retirement benefit. A permanent and total impairment equates to one

hundred percent (100%) of accrued retirement benefit.

G. Upon determination by the State Board that a member is

physically or mentally disabled and that the disability is permanent

and partial and that the member has completed ten (10) years of

credited service as a member and is disabled from any cause, the

member shall be awarded a disability benefit on the basis of the

member’s years of credited service as a member and the percentage of

impairment to the whole person, as defined by the standards of the

impairment as outlined in the “American Medical Association’s Guides

to the Evaluation of Permanent Impairment”, on the basis of the

following table:

1% to 49% impaired = 50% of accrued retirement benefit

50% to 74% impaired = 75% of accrued retirement benefit

75% to 99% impaired = 100% of accrued retirement benefit.

H. Before making a finding as to the disability of a member,

the State Board shall require that, if the member is able, the

member shall make a certificate as to the disability which shall be

subscribed and sworn to by the member. It shall also require a

certificate as to such disability to be made by some physician

licensed to practice in this state as selected by the State Board.

The State Board may require other evidence of disability before

making the disability benefit. The salary of any such member shall

Oklahoma Statutes - Title 11. Cities and Towns Page 669

continue while the member is so necessarily confined to such

hospital bed or home and necessarily requires medical care or

professional nursing on account of such sickness or disability for a

period of not more than six (6) months, after which the period the

other provisions of this article may apply. The State Board, in

making disability benefits, shall act upon the written request of

the member or without such request, if it deem it for the good of

the police department. Any disability benefits shall cease when the

member receiving same shall be restored to active service at a

salary not less than three-fourths (3/4) of the member’s average

monthly salary.

I. Any member of a police department of any municipality who,

in the line of duty, has been exposed to hazardous substances

including but not limited to chemicals used in the manufacture of a

controlled dangerous substance or chemicals resulting from the

manufacture of a controlled dangerous substance, or to blood-borne

pathogens and who is later disabled from a condition that was the

result of such exposure and that was not revealed by the physical

examination passed by the member upon entry into the System shall be

presumed to have incurred such disability while performing the

officer’s duties unless the contrary is shown by competent evidence.

The presumption created by this subsection shall have no application

whatever to any workers’ compensation claim or claims, and it shall

not be applied or be relied upon in any way in workers’ compensation

proceedings. All compensation or benefits due to any member

pursuant to the presumption created by this subsection shall be paid

solely by the system.

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

satisfied, a member who, by reason of disability, 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 disability benefit, 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, § 11-22-116 — OK Code / Title 11 / Section 11-22-116
Jurisdiction over real property and navigable streams
Status: in_force

A. Except as provided for in subsection B of this section, the

municipality shall have jurisdiction over any real property within

or without its corporate limits belonging to the municipality.

B. A municipality with a population of more than three hundred

fifty thousand (350,000) persons, according to the most recent

Federal Decennial Census, shall have jurisdiction over any real

property within its corporate limits belonging to the municipality.

The municipality shall have the authority to enact ordinances

regulating real property belonging to the municipality that is

outside the corporate limits of the municipality. Municipal

property outside the corporate limits of the municipality shall be

subject to state or municipal law and any violation of state or

municipal law shall be prosecuted in the district court of the

county or the municipal court of the local city where the violation

occurred. Unless otherwise provided for by law, the municipality

may regulate the banks, shores, and wharves of navigable streams

within the corporate limits.
Okla. Stat. tit. 11, § 11-37-213 — OK Code / Title 11 / Section 11-37-213
Protests - Hearing - Findings as conclusive and
Status: in_force

binding.

Protests shall be heard and considered at the next regular

meeting of the governing body following the expiration of the

fifteen-day period after the last publication of the resolution of

necessity. The hearing may be continued from time to time. The

finding of the governing body as to the sufficiency or insufficiency

of the protest or petition shall be conclusive and binding for all

purposes and against all persons. The governing body shall have the

power to hear any protest or petition and compel the attendance of

witnesses under oath to determine the sufficiency thereof. If

sufficient protests are filed as to any one or more noncontiguous

areas, the same shall be eliminated from the proceedings, but the

other areas shall not be affected thereby. No action or suit to

question the findings of the governing body on the sufficiency of

the protests or petition shall be commenced later than fifteen (15)

days after the finding.