Okla. Stat. tit. 11, § 11-39-107 — OK Code / Title 11 / Section 11-39-107
Notice of creation of improvement district
Status: in_force

A. The notice as to creating an improvement district shall:

1. Contain the time and place when the governing body shall

hold a hearing on the resolution to create the district;

Oklahoma Statutes - Title 11. Cities and Towns Page 436

2. Describe the improvement to be constructed and the general

location thereof; and

3. State that any interested person may ascertain in the office

of the municipal clerk:

a. a description of the property to be assessed, and

b. the maximum amount of benefit estimated to be

conferred on each tract or parcel of land.

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

before the day of the hearing, the city clerk, his deputy or the

engineer shall mail the notice of the hearing on the proposed

district to the owner of the tract or parcel of land to be assessed

the cost of the improvement at his last-known address. The name and

address of the owner of each tract of land shall be obtained from

the records of the county treasurer. The notice shall contain a

preliminary basis for estimating the assessment. Proof of the

mailing is to be made by affidavit of the city clerk, his deputy, or

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

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

of the proceedings authorized in the Improvement District Act.

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

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

hearing. Such service by publication shall be verified by an

affidavit of the publisher which is to be filed in the office of the

city clerk.
Okla. Stat. tit. 11, § 11-39-112 — OK Code / Title 11 / Section 11-39-112
Assessments - Rate - Interest - Delinquent payments -
Status: in_force

Liens.

A. The governing body may by ordinance:

1. Establish the time and terms of paying the assessment or an

installment on the assessment;

2. Set a rate of interest not exceeding ten percent (10%) per

annum upon deferred payments of the assessment which shall commence

from the date of publication of the ordinance ratifying the

assessment;

3. Set interest rates not exceeding ten percent (10%) per annum

upon the outstanding principal amount of bonds issued by a district

pursuant to Section 39-115 of this title; and

4. Fix penalties to be charged for delinquent payment of an

installment on an assessment.

B. After the publication of the ordinance ratifying an

assessment levied as provided in Section 39-111 of this title, the

assessment with any interest or penalty accruing on such assessment

shall constitute a lien upon the tract or parcel of land so

assessed. Such lien shall be coequal with the lien for ad valorem

taxes and the lien of other improvement districts, and be superior

to all other liens, claims and titles. Unmatured installments are

not deemed to be within the terms of any general covenant or

warranty. All purchasers, mortgagees or encumbrancers of a tract or

parcel of land so assessed shall acquire the tract or parcel of land

subject to the lien so created.

C. Within sixty (60) days after the publication of the

ordinance ratifying an assessment roll, the city clerk shall

prepare, sign, attest with the municipal seal and record in the

office of the county clerk a claim of lien for any unpaid amount due

and assessed against a tract or parcel of land.

Oklahoma Statutes - Title 11. Cities and Towns Page 441

D. Any tract or parcel so assessed shall not be relieved from

the assessment or lien by the sale of the tract or parcel of land

for taxes or any other assessment, subject to the provisions of

Section 39-119 of this title. The statute of limitations shall not

begin to run against an assessment until after the last installment

of the assessment becomes due.

E. The fact that an improvement is omitted in front of any

tract or parcel of land does not invalidate a lien or assessment

made against any other tract or parcel of land.

F. A delinquent installment of an assessment shall be

foreclosed and the tract or parcel of land concerned be sold in the

manner provided by law for foreclosure of mortgages on land. If, at

the sale, there is no better bidder for the tract or parcel of land

the municipality shall bid in the tract or parcel of land for the

amount due on the assessment plus any interest, penalties or costs

which have accrued against the assessment. Any real estate sold

under any order, judgment or decree of court to satisfy the lien may

be redeemed by the owner or his assignee at any time within one (1)

year of the date of sale by paying to the purchaser thereof or

assignee the amount paid with interest from the date of purchase at

the rate of twelve percent (12%) per annum.
Okla. Stat. tit. 11, § 11-41-111 — OK Code / Title 11 / Section 11-41-111
Penalty for sale of lots before compliance
Status: in_force

No person, firm or corporation shall dispose of, offer for sale,

or lease for any time any lots or blocks in any municipality,

addition or subdivision, or part thereof, which are hereafter laid

out, before all the requirements of Sections 41-104 through 41-108

of this title have been complied with.
Okla. Stat. tit. 11, § 11-33-105 — OK Code / Title 11 / Section 11-33-105
Powers of governing body - Creation and powers of
Status: in_force

recreation board or commission.

The governing body of any governmental unit may establish a

system of supervised recreation and it may, by resolution or

ordinance, vest the power to provide, maintain and conduct

playgrounds, recreation centers and other recreational facilities

and activities in a board, department or commission as it may

determine. Any agency so designated shall have the power to

maintain and equip playgrounds, recreation centers and the buildings

thereon, and it may, for the purpose of carrying out the provisions

of this subarticle employ play leaders, playground directors,

supervisors, recreational superintendents, and such other officers

and employees as may be deemed proper. However, all appropriations

for such purposes shall remain and be vested in the governing body

of the governmental unit.
Okla. Stat. tit. 11, § 11-26-104 — OK Code / Title 11 / Section 11-26-104
Conveyance or devise of lot in trust
Status: in_force

A. As used in this section, “lot” means a tract of land as

defined in Section 1 of this act.

B. Any burial lot in any cemetery owned by a municipality, or

by an association incorporated for cemetery purposes under the laws

of Oklahoma, may be conveyed or devised by the owner back to and

held by such company, municipality, or association in perpetual

trust for the purpose of its preservation as a place of burial. The

lot so conveyed shall thereafter remain forever inalienable by act

Oklahoma Statutes - Title 11. Cities and Towns Page 234

of the parties, but the right to use the same as a place of burial

of the dead of the family of the owner and his descendants from

generation to generation shall remain, unless the deed of conveyance

in trust shall provide that interments in such lot shall be confined

to the bodies of specified persons, in which case the lot shall be

forever preserved as the burial place of the persons specified in

the deed and shall never be used for any other purpose whatever.

However, no conveyance in trust shall be made without the consent of

the cemetery company or association in whose cemetery the burial lot

is located, or of the governing body or board of cemetery trustees

of the municipality.
Okla. Stat. tit. 11, § 11-37-231 — OK Code / Title 11 / Section 11-37-231
Bond payment and cancellation
Status: in_force

The municipality shall have the right to call and pay in numerical

order the bonds or any number thereof in the following manner:

Whenever there shall be sufficient funds in the hands of the

municipal treasurer after the payment of all interest due and to

become due within the next six (6) months, the treasurer, on or

before March 10 and September 10 of any year, shall give notice by

certified mail addressed to the last-registered holder of the bonds

called, at the address appearing upon the registry, that there has

accumulated funds sufficient to pay the designated bonds, and

interest thereon to April 1 next or October 1 next, as the case may

be, and directing the presentation of the bond or bonds for payment

and cancellation. The bond or bonds which are called will cease to

bear interest after April 1 or October 1, as provided in the notice.

Upon the payment and cancellation of the bond or bonds, proper entry

thereof shall be made upon the books of the clerk and treasurer or

appointed agent. Upon the accumulation of sufficient funds as

herein provided, the municipal treasurer shall pay the bonds so

called and, in the event of failure to do so, he shall be liable for

all such damages as may result therefrom. The provisions of this

section may be enforced by appropriate proceedings in mandamus

against the treasurer.
Okla. Stat. tit. 11, § 11-28-105 — OK Code / Title 11 / Section 11-28-105
Disqualification, disability or absence of judge
Status: in_force

In the event of the disqualification, disability or absence of a

regular judge of the municipal criminal court of record, the city

governing body shall have power to appoint a special judge to sit

for the duration of such disqualification, disability or absence.
Okla. Stat. tit. 11, § 11-56-109 — OK Code / Title 11 / Section 11-56-109
Financial interest statements - Public records
Status: in_force

Statements of financial interests required to be filed with the

Ethics Commission under the Municipal Campaign Finance and Financial

Disclosure Act shall be public records. The Ethics Commission shall

maintain statements of financial interests for four (4) years after

the date on which they are filed, at which time the documents may be

destroyed or retained subject to the discretion of the Ethics

Commission. The Ethics Commission may post copies of statements of

financial interests.
Okla. Stat. tit. 11, § 11-14-111.1 — OK Code / Title 11 / Section 11-14-111.1
Retention of penalty assessments or other state fees
Status: in_force

A. Notwithstanding any other provision of law, a municipal

court which collects a penalty assessment or other state fee from a

defendant pursuant to state law may retain eight cents ($0.08) of

such monies and may also retain all interest accrued thereon prior

to the due date for deposits as provided in state law. The fee

shall be deposited as determined by the municipal governing body.

B. A municipal court in a municipality having a basic law

enforcement academy approved by the Council on Law Enforcement

Education and Training pursuant to the criteria developed by the

Council for training law enforcement officers may retain as an

administrative fee two percent (2%) of any penalty assessment or

other state fee imposed by state statute. The two percent (2%)

administrative fee shall be deducted from the portion of the penalty

assessment or other state fee retained by such municipality.
Okla. Stat. tit. 11, § 11-32-109 — OK Code / Title 11 / Section 11-32-109
Protest
Status: in_force

The parking station improvement shall not be commenced if,

within thirty (30) days after the last publication of the resolution

ordering the improvement, written protests have been filed by both:

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

assessment within the improvement district; and

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

assessment in the district.

Oklahoma Statutes - Title 11. Cities and Towns Page 288

The governing body shall be judge of the sufficiency of any protest

and its decision shall be final and conclusive. Names may be

withdrawn from any protests by the signers thereof at any time

before the governing body convenes to determine the sufficiency

thereof.
Okla. Stat. tit. 11, § 11-55-103 — OK Code / Title 11 / Section 11-55-103
Municipal ordinances regulating amateur radio antenna,
Status: in_force

support structures.

A. As used in this section:

1. "Amateur radio" means the use of amateur radio and amateur

satellite radio frequencies and services by qualified and federally

authorized persons of any age who are interested in radio technique

without pecuniary interest;

2. "Antenna" means an array of wires, tubing, or the like used

for the transmission and reception of radio waves; and

3. "Antenna support structure" means a structure or framework

that is designed to elevate an antenna above the ground for the

purpose of increasing the effective communications range and

reliability of an amateur radio station. Amateur radio antenna

support structures are removable by design and therefore are a

removable structure for assessment purposes.

B. A municipal ordinance regulating amateur radio antenna or

amateur radio antenna support structures shall:

1. Comply with the requirements of 47 C.F.R., Section 97.15(b),

as amended from time to time;

2. Allow for the erection of an amateur radio antenna or an

amateur radio antenna support structure at a height and dimension

sufficient to reasonably accommodate amateur radio service

communications, and shall only constitute the minimum practicable

regulation necessary to accomplish the intent of this section; and

3. Require that, upon denial of an application for approval of

an amateur radio antenna or amateur radio antenna support structure,

the authority denying the application state the reasons for the

Oklahoma Statutes - Title 11. Cities and Towns Page 704

denial and on appeal bear the burden of proving that the actions of

the authority are consistent with this section.
Okla. Stat. tit. 11, § 11-7-106 — OK Code / Title 11 / Section 11-7-106
Involuntary dissolution - Notice of hearing
Status: in_force

Upon the filing of a petition for the involuntary dissolution of

a municipality, the district court shall fix a date for a hearing on

the request. The date of the hearing shall be not less than thirty

(30) days after the date of filing. The district attorney for the

county in which the situs of the municipal government is located

shall give at least twenty (20) days' notice of the hearing by

publication in a newspaper of general circulation in the

municipality, and by posting copies of the notice in five (5) of the

most public places in the municipality. The notice shall state the

purpose of the petition and the date and place of the hearing.
Okla. Stat. tit. 11, § 11-49-100.1 — OK Code / Title 11 / Section 11-49-100.1
Definitions
Status: in_force

As used in this article:

1. "System" means the Oklahoma Firefighters Pension and

Retirement System and all predecessor municipal firefighters pension

and retirement systems;

2. "Article" means Article 49 of this title;

3. "State Board" means the Oklahoma Firefighters Pension and

Retirement Board;

4. "Local board" means the local firefighters pension and

retirement boards;

5. "Fund" means the Oklahoma Firefighters Pension and

Retirement Fund;

Oklahoma Statutes - Title 11. Cities and Towns Page 512

6. "Member" means all eligible firefighters of a participating

municipality or a fire protection district who perform the essential

functions of fire suppression, prevention, and life safety duties in

a fire department. The term "member" shall include but not be

limited to the person serving as fire chief of any participating

municipality, provided that a person serving as fire chief of a

participating municipality shall meet the age, agility, physical and

other eligibility requirements required by law at the time said

person becomes a member of the System. Effective July 1, 1987, a

member does not include a "leased employee". The term "leased

employee" means any person (other than an employee of the recipient)

who pursuant to an agreement between the recipient and any other

person ("leasing organization") has performed services for the

recipient (or for the recipient and related persons determined in

accordance with Section 414(n)(6) of the Internal Revenue Code of

1986, as amended) on a substantially full-time basis for a period of

at least one (1) year, and such services are performed under primary

direction or control by the recipient. Contributions or benefits

provided a leased employee by the leasing organization which are

attributable to services performed for the recipient employer shall

be treated as provided by the recipient employer. A leased employee

shall not be considered an employee of the recipient if the

requirements of the safe harbor provisions of Section 414(n)(5) of

the Internal Revenue Code of 1986, as amended, are satisfied.

Effective July 1, 1999, any individual who agrees with the

participating municipality that the individual's services are to be

performed as a leased employee or an independent contractor shall

not be a member regardless of any classification as a common law

employee by the Internal Revenue Service or any other governmental

agency, or any court of competent jurisdiction;

7. "Normal retirement date" means the date at which the member

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

accrued retirement benefit. Such date shall be the first day

following the date the member completes twenty (20) years of

credited service. If the member's employment continues past the

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

the member shall be the first day following the date the member

terminates employment with more than twenty (20) years of credited

service;

8. "Credited service" means the period of service used to

determine the eligibility for and the amount of benefits payable to

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

the member participated in the System or the predecessor municipal

systems as an active employee in an eligible membership

classification, plus any service prior to the establishment of the

predecessor municipal systems which was credited under the

predecessor municipal systems; provided, however, "credited service"

Oklahoma Statutes - Title 11. Cities and Towns Page 513

for members from a fire protection district shall not begin accruing

before July 1, 1982;

9. "Participating municipality" means a municipality, county

fire department organized pursuant to subsection D of Section 351 of

Title 19 of the Oklahoma Statutes, or fire protection district which

is making contributions to the System on behalf of its firefighters.

All participating municipalities shall appoint a fire chief who

shall supervise and administer the fire department;

10. "Disability" means the complete inability of the

firefighter to perform any and every duty of the firefighter's

regular occupation; provided further, that once benefits have been

paid for twenty-four (24) months the provisions of Section 49-110 of

this title shall apply to the firefighter;

11. "Executive Director" means the managing officer of the

System employed by the State Board;

12. "Eligible employer" means any municipality with a municipal

fire department, any county fire department organized pursuant to

subsection D of Section 351 of Title 19 of the Oklahoma Statutes or

any fire protection district with an organized fire department;

13. "Entry date" means the date as of which an eligible

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

article shall be January 1, 1981;

14. "Final average salary" means the average paid gross salary

of the firefighter for normally scheduled hours over the highest

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

months of credited service. Gross salary shall not include payment

for accumulated sick or annual leave upon termination of employment,

any uniform allowances or any other compensation for reimbursement

of out-of-pocket expenses. Only salary on which the required

contributions have been made may be used in computing the final

average salary. Effective January 1, 1988, gross salary shall

include any amount of elective salary reduction under Section 125 of

the Internal Revenue Code of 1986, as amended. Gross salary shall

include any amount of elective salary reduction under Section 457 of

the Internal Revenue Code of 1986, as amended, and any amount of

nonelective salary reduction under Section 414(h) of the Internal

Revenue Code of 1986, as amended. Effective July 1, 1998, for

purposes of determining a member's compensation, any contribution by

the member to reduce the member's regular cash remuneration under

Section 132(f)(4) of the Internal Revenue Code of 1986, as amended,

shall be treated as if the member did not make such an election.

Only salary on which required contributions have been made may be

used in computing final average salary.

In addition to other applicable limitations, and notwithstanding

any other provision to the contrary, for plan years beginning on or

after July 1, 2002, the annual gross salary of each "Noneligible

Member" taken into account under the System shall not exceed the

Oklahoma Statutes - Title 11. Cities and Towns Page 514

Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")

annual salary limit. The EGTRRA annual salary limit is Two Hundred

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

increases in the cost of living in accordance with Section

401(a)(17)(B) of the Internal Revenue Code of 1986, as amended. The

annual salary limit in effect for a calendar year applies to any

period, not exceeding twelve (12) months, over which salary is

determined ("determination period") beginning in such calendar year.

If a determination period consists of fewer than twelve (12) months,

the EGTRRA salary limit will be multiplied by a fraction, the

numerator of which is the number of months in the determination

period, and the denominator of which is twelve (12). For purposes

of this subsection, a "Noneligible Member" is any member who first

became a member during a plan year commencing on or after July 1,

1996.

For plan years beginning on or after July 1, 2002, any reference

to the annual salary limit under Section 401(a)(17) of the Internal

Revenue Code of 1986, as amended, shall mean the EGTRRA salary limit

set forth in this subsection.

Effective June 9, 2010, gross salary shall also include gross

salary, as described above, for services, but paid by the later of

two and one-half (2 1/2) months after a firefighter's severance from

employment or the end of the calendar year that includes the date

the firefighter terminated employment, if it is a payment that,

absent a severance from employment, would have been paid to the

firefighter while the firefighter continued in employment with the

participating municipality.

Effective June 9, 2010, any payments not described above shall

not be considered gross salary if paid after severance from

employment, even if they are paid by the later of two and one-half

(2 1/2) months after the date of severance from employment or the

end of the calendar year that includes the date of severance from

employment, except payments to an individual who does not currently

perform services for the participating municipality by reason of

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

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

these payments do not exceed the amounts the individual would have

received if the individual had continued to perform services for the

participating municipality rather than entering qualified military

service.

Effective June 9, 2010, back pay, within the meaning of Section

1.415(c)-2(g)(8) of the Income Tax Regulations, shall be treated as

gross salary for the year to which the back pay relates to the

extent the back pay represents wages and compensation that would

otherwise be included in this definition.

Oklahoma Statutes - Title 11. Cities and Towns Page 515

Effective for years beginning after December 31, 2008, gross

salary shall also include differential wage payments under Section

414(u)(12) of the Internal Revenue Code of 1986, as amended;

15. "Accrued retirement benefit" means two and one-half percent

(2 1/2%) of the firefighter's final average salary multiplied by the

member's years of credited service not to exceed thirty (30) years;

16. "Beneficiary" means a member's surviving spouse or any

surviving children, including biological and adopted children, at

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

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

preceding the firefighter's death provided a surviving spouse of a

member who died while in, or as a consequence of, the performance of

the member's duty for a participating municipality, shall not be

subject to the marriage limitation for survivor benefits. A

surviving child of a member shall be a beneficiary until reaching

eighteen (18) years of age or twenty-two (22) years of age if the

child is enrolled full time and regularly attending a public or

private school or any institution of higher education. Any child

adopted by a member after the member's retirement shall be a

beneficiary only if the child is adopted by the member for the

thirty (30) continuous months preceding the member's death. Any

child who is adopted by a member after the member's retirement and

such member dies accidentally or as a consequence of the performance

of the member's duty as a firefighter shall not be subject to the

thirty-month adoption requirement. This definition of beneficiary

shall be in addition to any other requirement set forth in this

article;

17. "Contributions" means payments remitted to the System

pursuant to Section 49-122 or subsection A of Section 49-138 of this

title. Contributions shall not include payments made to repurchase

credited service pursuant to Section 49-117.1 of this title,

payments made to transfer credited service from another retirement

system pursuant to subsection A of Section 49-117.2 or Section 49-

117.3 of this title, or payments made to purchase prior military

service credit pursuant to subsection E of Section 49-138 of this

title;

18. "Accumulated contributions" means the sum of all

contributions made by a member to the System and includes both

contributions deducted from the compensation of a member and

contributions of a member picked up and paid by the participating

municipality of the member. Accumulated contributions shall not

include any interest on the contributions of the member, interest on

any amount contributed by the municipality or state and any amount

contributed by the municipality or state; and

19. "Limitation year" means the year used in applying the

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

which year shall be the calendar year.

Oklahoma Statutes - Title 11. Cities and Towns Page 516
Okla. Stat. tit. 11, § 11-3-104 — OK Code / Title 11 / Section 11-3-104
Conduct of election - Ballots
Status: in_force

The election shall be conducted in accordance with applicable

election laws. The registered voters of the proposed town shall

vote on the question of incorporation by separate ballot, which

shall be substantially in the following form:

For incorporation as the town of ___________

( ) Yes.

( ) No.
Okla. Stat. tit. 11, § 11-25-107 — OK Code / Title 11 / Section 11-25-107
Participation in program - Requirements
Status: in_force

A municipal energy district authority shall require those

property owners participating in the program to:

1. Have an energy audit conducted on the property to be

improved to demonstrate the value of the project; and

2. Submit proof that the improvements at a minimum meet “Energy

Star” ratings.
Okla. Stat. tit. 11, § 11-26-205 — OK Code / Title 11 / Section 11-26-205
Bond and oath of perpetual care fund trustee
Status: in_force

The trustee of the perpetual care fund, before entering on the

discharge of his duties or at any time thereafter when required by

the court or judge, shall give bond in such amount as may be

required by the court, to be approved by the court clerk,

conditioned for the faithful discharge of the duties imposed upon

the trustee by law. The trustee shall take and subscribe an oath

the same in substance as the condition of the bond. The oath and

bond shall be filed with the court clerk.
Okla. Stat. tit. 11, § 11-17-115.1 — OK Code / Title 11 / Section 11-17-115.1
Use of reverse auction bidding to obtain acquisitions
Status: in_force

or award contracts.

The procedures set out in Section 17-115 of Title 11 of the

Oklahoma Statutes may be used to obtain acquisitions or award

contracts for all needed operations or purchase orders.
Okla. Stat. tit. 11, § 11-10-101 — OK Code / Title 11 / Section 11-10-101
Statutory council-manager form of government
Status: in_force

The form of government provided by Sections 10-101 through 10-

121 of this title shall be known as the statutory council-manager

form of city government. Cities governed under the statutory

council-manager 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 council-manager form,

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

council may prescribe.
Okla. Stat. tit. 11, § 11-17-218 — OK Code / Title 11 / Section 11-17-218
Purpose-based budget - Procedures
Status: in_force

A municipality that selects a purpose-based budget format shall

be subject to the following procedures in addition to other

applicable provisions of the Municipal Budget Act:

1. Each municipality shall adopt an appropriation for each

purpose as established by the governing body;

2. In all cases the appropriations shall not exceed the income

and revenue provided by the governing body from estimated revenues

and appropriated fund balance;

3. The adopted budget shall be in effect on and after the first

day of the fiscal year to which it applies. The budget as adopted

and filed with the State Auditor and Inspector shall constitute an

appropriation for each purpose as defined by the governing body, and

the appropriation thus made shall not be used for any other purpose

except as provided by law;

4. 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 purpose to another;

except that no appropriation for debt service or other appropriation

required by law or ordinance may be reduced below the minimums

required;

5. No encumbrance or expenditure may be authorized or made by

any officer or employee which exceeds the available appropriation

for each purpose as defined by the governing body;

6. The governing body may amend the budget to make supplemental

appropriations to any purpose up to the amount of additional

unappropriated income and revenues which become available during the

fiscal year;

7. If at any time during the budget year it appears probable

that revenues available will be insufficient to meet the amount

appropriated, or that due to unforeseen emergencies there is

temporarily insufficient money to meet the requirements of

appropriation, the governing body shall take action as it deems

necessary. For that reason, it may amend the budget to reduce one

or more appropriations or it may amend the budget to transfer money

from one purpose to another purpose, but no appropriation for debt

service may be reduced and no appropriation may be reduced by more

than the amount of the unencumbered and unexpended balance thereof.

No transfer shall be made from the debt service fund to any other

Oklahoma Statutes - Title 11. Cities and Towns Page 129

fund except as may be permitted by the terms of the bond issue or

applicable law; and

8. A budget amendment as provided in this section authorizing

supplemental appropriations or a decrease in the total appropriation

of funds shall be adopted at a meeting of the governing body and

filed with the municipal clerk and the State Auditor and Inspector.
Okla. Stat. tit. 11, § 11-16-102 — OK Code / Title 11 / Section 11-16-102
Provisions not applicable to municipalities governed by
Status: in_force

charter or subject to Oklahoma Town Meeting Act - Exception -

Choice of election procedure - Residency requirements.

A. The provisions of Section 16-101 et seq. of this title shall

not apply to any municipality which is governed by charter;

provided, that elections for such municipalities which shall be

conducted by the county election board shall be scheduled only on an

election date identified by subsection B of Section 3-101 of Title

26 of the Oklahoma Statutes. However, such a municipality may, by

indicating in its resolution calling an election, choose to follow

any provision of state law governing elections conducted by a county

election board when the municipality's charter or ordinances are

silent on the matter addressed by such provision. In such instance,

if the municipal election or any substantial portion thereof is not

conducted by a county election board, the duties required of the

county election board or its secretary shall be performed by the

Oklahoma Statutes - Title 11. Cities and Towns Page 91

municipal authority designated by the municipal governing body and

nothing herein shall be construed to require the county election

board to perform any such duties. The residency requirements of

Sections 16-109 and 16-110 of this title shall apply to all

municipalities except to the extent that such residency requirements

are governed by municipal charter.

B. The provisions of Sections 16-101 through 16-114 of this

title shall not apply to any municipality subject to the provisions

of the Oklahoma Town Meeting Act; provided, Section 16-103.1 of this

title shall apply to such municipalities.

C. In the event that a municipality governed by charter

schedules a regular or special election for a municipal office on

the same date as an election involving state or federal offices, the

provisions of subsection D of Section 3-101 of Title 26 of the

Oklahoma Statutes shall apply.

D. After January 1, 2016, no county election board shall be

required to conduct a regular or special election for any elective

municipal office in any municipality governed by charter unless the

resolution calling the election shall set a candidate filing period

of three (3) days to begin not more than twenty (20) days from the

date the resolution is required to be submitted to the county

election board. In no case shall a resolution calling a regular or

special election be submitted to the county election board less than

sixty (60) days preceding the election date.
Okla. Stat. tit. 11, § 11-50-119 — OK Code / Title 11 / Section 11-50-119
Forfeiture of benefits - Grounds
Status: in_force

When any person who shall receive any benefits from any funds of

the System as authorized by this article shall fail to report to

Oklahoma Statutes - Title 11. Cities and Towns Page 673

duty as required by this article, unless excused by the State Board,

or shall disobey the requirements of the State Board made under this

article, in respect to said examination for duty or otherwise, then

the State Board shall order that such benefits as may have been

granted to such member shall immediately cease and such member shall

receive no further benefits as authorized to be paid under this

article unless or until, if possible, such member shall have met the

requirements made by the State Board.
Okla. Stat. tit. 11, § 11-38-115 — OK Code / Title 11 / Section 11-38-115
Notes or bonds
Status: in_force

A. An Urban Renewal Authority shall have the power to issue

notes or bonds, including revenue bonds, from time to time at its

discretion to finance the undertaking of any urban renewal project

under this article, including, without limiting the generality

thereof, the payment of principal and interest upon any advances for

surveys and plans, and shall also have power to issue refunding

notes or bonds for the payment or retirement of such notes or bonds

previously issued by it. Such notes or bonds shall be made payable,

as to both principal and interest, solely from:

1. The income, proceeds, revenues, and funds of the Urban

Renewal Authority derived from or held in connection with its

undertaking and carrying out urban renewal projects under this

article;

2. Any private source, contribution or other financial

assistance;

3. Contributions or other financial assistance from the state

or federal government;

4. Any other monies derived from gifts, grants, the sale of

properties or any other legally available source;

5. The proceeds from any additional borrowings;

6. Taxes on incremental property values allocated to a special

fund of the city and appropriated by the city to the Urban Renewal

Authority, under the provisions of Sections 3 through 6 of this act;

or

7. Any combination of these methods.

Provided, however, that payment of such notes or bonds, both as

to principal and interest, may be further secured by a pledge of any

loan, grant or contribution from the federal government or any other

source, in aid of any urban renewal projects of the Urban Renewal

Authority under this article, and by a mortgage of any such urban

renewal projects, or any part thereof, title to which is in the

Urban Renewal Authority.

Oklahoma Statutes - Title 11. Cities and Towns Page 418

B. Notes or bonds issued under this section shall not

constitute an indebtedness of the state or any municipality.

C. Notes or bonds issued under the provisions of this article

are declared to be issued for an essential public and governmental

purpose, and together with interest thereon and income therefrom

shall be exempted from all taxes.

D. Notes or bonds issued under this section shall be authorized

by resolution of the Urban Renewal Authority and may be issued in

one or more series and shall bear such date or dates, be payable

upon demand or mature at such time or times, bear interest at such

rate determined feasible by the Urban Renewal Authority, be in such

denomination or denominations, be in such form, carry such

conversion or registration privileges, have such rank or priority,

be executed in such manner, be payable in such medium of payment, at

such place or places and be subject to such terms of redemption,

with or without premium, be secured in such manner, and have such

other characteristics, as may be provided by such resolution or

trust indenture or mortgage issued pursuant thereto.

E. Such notes or bonds must be sold to the lowest and best

bidder at public sale held after notice published prior to such sale

in a newspaper having general circulation in the area of operation

and in such other medium of publication as the Authority may

determine. Provided, that such notes may be sold to the federal

government at private sale at not less than par, and, in the event

less than all of the authorized principal amount of such notes or

bonds is sold to the federal government, the balance may be sold at

private sales at not less than par at an interest cost of not to

exceed the interest cost of the portion of the notes sold to the

federal government.

F. In case any of the public officials of the Authority or any

other public body whose signature appears on any notes or bonds

issued under this article shall cease to be such officials before

the delivery of the notes or bonds, the signatures shall,

nevertheless, be valid and sufficient for all purposes, the same as

if such officials had remained in office until such delivery. Any

provision of any law to the contrary notwithstanding any notes or

bonds issued pursuant to this article shall be fully negotiable.

G. In any suit, action or proceeding involving the validity or

enforceability of any notes or bonds, issued under this article or

the security therefor, any such note reciting in substance that it

has been issued by the Urban Renewal Authority in connection with an

urban renewal project, as defined in this article, shall be

conclusively deemed to have been issued for such purpose and such

project shall be conclusively deemed to have been planned, located

and carried out in accordance with the provisions of this article.
Okla. Stat. tit. 11, § 11-16-308 — OK Code / Title 11 / Section 11-16-308
Election of municipal officers
Status: in_force

A person present at the meeting electing him or her to municipal

office shall be treated as accepting, unless he or she declines

before the meeting is adjourned. When not present, he or she shall

be served as soon as possible with a written notice of election,

signed and mailed by the municipal clerk. No person elected shall

assume the duties of the office until he or she has signed the oath

of office as required by law.
Okla. Stat. tit. 11, § 11-36-224 — OK Code / Title 11 / Section 11-36-224
Accepting improvements
Status: in_force

Upon the completion of the improvement, the municipal governing

body shall determine whether or not the work has been completed in

accordance with the plans, profiles, specifications and contract

therefor. If the governing body finds the work to be in compliance,

it shall accept 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, § 11-16-303 — OK Code / Title 11 / Section 11-16-303
Time for town meeting - Purpose - Special town
Status: in_force

meetings.

In municipalities subject to the provisions of Section 16-301 et

seq. of this title, a biennial town meeting of the voters shall be

held on the first Tuesday in April in each odd-numbered year for the

purpose of electing municipal officers and considering questions

raised by initiative or referendum pursuant to Section 15-101 et

seq. of this title.

In addition to the election proceedings of said meeting the

mayor or presiding officer may upon compliance with the Open Meeting

Act, Section 301 et seq. of Title 25 of the Oklahoma Statutes and

other provisions appropriate to the law, conduct regular business

meetings or any other town business which would be in order and of

Oklahoma Statutes - Title 11. Cities and Towns Page 102

interest to those citizens in attendance. Special town meetings for

these purposes may be called at other times as provided in this act.
Okla. Stat. tit. 11, § 11-36-223 — OK Code / Title 11 / Section 11-36-223
Setting aside assessments - Limitation on suits
Status: in_force

No suit may be sustained to set aside any assessment, nor to

contest the area of assessment, nor to enjoin the municipal

governing body from levying or collecting any assessment, or

installment thereof, or interest or penalty thereon, or issuing the

bonds, or providing for their payment, or contesting the validity

thereof on any ground unless such suit shall be commenced not more

than fifteen (15) days after the publication of the ordinance

levying assessments. After the fifteen-day period has expired, or

after the work has been completed and accepted by the municipality,

a suit may be brought only for the failure of the governing body to

adopt and publish the resolution declaring the necessity for the

Oklahoma Statutes - Title 11. Cities and Towns Page 338

improvements, as provided in Sections 36-204 and 36-205 of this

title, or for the failure to give notice of the hearing on the

assessment roll, as provided in Section 36-214 of this title. If

any special assessment shall be found to be invalid or insufficient,

in whole or in part, for any reason whatever, the governing body at

any time, in the manner provided for levying an original assessment,

may proceed to cause a new assessment to be made and levied which

shall have like force and effect as an original assessment.
Okla. Stat. tit. 11, § 11-56-103a — OK Code / Title 11 / Section 11-56-103a
Municipalities not subject to act - Comprehensive code
Status: in_force

of campaign finance and personal financial disclosure ordinances.

1. Any municipality not subject to the Municipal Campaign

Finance and Financial Disclosure Act, or any entity authorized under

subsection B of Section 56-103 of Title 11 of the Oklahoma Statutes,

may enact a comprehensive code of campaign finance and personal

financial disclosure ordinances including policies and provisions

for the administration and enforcement thereof. The Ethics

Commission shall have no enforcement responsibilities under the

Municipal Campaign Finance Disclosure for Exempted Municipalities

Act. Municipal governments may provide for hearings, enforcement,

and civil fines not to exceed Five Hundred Dollars ($500.00).

Hearings shall be conducted through the municipal court to

adjudicate violations of the comprehensive code of campaign finance

and personal financial disclosure ordinances as authorized in this

act. Any judicial order from a municipal court under this section

may be appealed to the district court having jurisdiction over the

alleged or adjudicated violator. All appeals shall be de novo. Any

civil fine issued under the provisions of the act may be converted

to a civil judgment by the municipal government in the appropriate

district court. Municipal governments have the authority to adopt

ordinances necessary and proper for the administration and

enforcement of this act.

2. Municipal governments enacting a comprehensive code of

campaign finance and personal financial disclosure ordinances may

contract with an interlocal entity created in accordance with the

Interlocal Cooperation Act for the administration and enforcement of

this act. The interlocal entity may assign adjudication of any

potential violations of a municipality's campaign finance and

personal financial disclosure ordinances to any municipal court that

has joined the interlocal entity in accordance with policies adopted

by the interlocal entity. The assigned municipal court shall have

Oklahoma Statutes - Title 11. Cities and Towns Page 706

jurisdiction to conduct the hearing, issue subpoenas, adjudicate the

matter and issue judgment for civil fines for violations of

municipal campaign finance and personal financial disclosure

ordinances of any member of the interlocal entity. Any civil fine

issued under the provisions of this act may be converted to a civil

judgment by the interlocal entity in the appropriate district court.

The interlocal entity shall have the authority to adopt policies and

procedures necessary and proper for the administration and

enforcement of this act.
Okla. Stat. tit. 11, § 11-49-100.8 — OK Code / Title 11 / Section 11-49-100.8
Certified estimate of rate of contribution required,
Status: in_force

accumulated contributions and other assets of System.

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

Management and Enterprise Services, the Speaker of the House of

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

before July 15 of each year, an actuarially determined estimate of

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

accumulated contributions and other assets of the System to pay by

level-dollar payments all liabilities which shall exist or accrue

pursuant to the provisions of the System, including amortization of

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

(30) years beginning July 1, 2014.
Okla. Stat. tit. 11, § 11-49-143.3 — OK Code / Title 11 / Section 11-49-143.3
Benefit adjustment - Restoration of Initial COLA
Status: repealed

Benefit.

A. For purposes of this section the following definitions shall

apply:

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

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

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

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

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

COLA Benefit. The Initial COLA Benefit equals the benefit in

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

this benefit will reflect adjustment for military service credits,

if any, granted after the Initial COLA Benefit Date;

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

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

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

measure of price inflation for the development of the Target COLA

Benefit defined below; and

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

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

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

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

follows:

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

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

Initial COLA Benefit Date.

B. The Board shall, effective July 1, 1999, implement a benefit

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

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

This benefit adjustment is intended to restore one hundred percent

Oklahoma Statutes - Title 11. Cities and Towns Page 604

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

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

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

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

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

shall receive a benefit increase based on one hundred percent (100%)

of one-half (1/2) of the CPI-U change for the period beginning

January 1, 1997 and before July 1, 1997.

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

pursuant to repealed Section 49-136 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, § 11-37-222 — OK Code / Title 11 / Section 11-37-222
Assessing ordinance - Interest on installments - Liens
Status: in_force

Assessments in conformity with the appraisement and

apportionment, as corrected and confirmed by the governing body,

shall be payable in ten equal annual installments, and shall bear

interest not to exceed the rate of thirteen percent (13%) per annum

until paid, payable in each year at such time as the several

installments are made payable. The governing body, by ordinance and

by referring to the assessment roll as confirmed, shall levy

assessments in accordance with the assessment roll and

apportionment, as confirmed, against the several lots and tracts of

land liable therefor. The ordinance shall provide that the owners

of the property so assessed shall have the privilege of paying the

amounts of their respective assessments without interest within

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

ordinance. The special assessments, and each installment thereof

and the interest and penalties thereon, are hereby declared to be a

lien against the lots and tracts of land as assessed from the date

of the publication of the ordinance levying the same, coequal with

the lien of other taxes and prior and superior to all other liens

against such lots or tracts of land. The liens shall continue as to

unpaid installments, interest and penalties until the assessments,

interest and penalties thereon shall be fully paid, but unmatured

installments shall not be deemed to be within the terms of any

general convenant or warranty.
Okla. Stat. tit. 11, § 11-16-311 — OK Code / Title 11 / Section 11-16-311
Petition alleging fraud - Bond - Hearing - Answer -
Status: in_force

Judgment - Ineligibility for office - Liability of contestant -

Damages.

When a petition alleging fraud is filed, said petition must be

accompanied by a cash bond of Five Thousand Dollars ($5,000.00),

running in favor of the contestee and conditioned upon payment of

any and all liabilities or judgments arising from the contest so

filed. In said petition, contestant must allege the specific act

constituting such alleged fraud and the names of the alleged

perpetrators of such fraud. If such petition is filed in the manner

herein provided, the district judge of the county in which the

alleged fraud occurred, or such other judge as may be assigned by

the Supreme Court, shall hear and determine said issue without delay

or continuance of more than one (1) day. On the day of such

hearing, the contestee may file answer to such petition or may file

cross petition, setting forth in detail, as required of a petitioner

herein, such claim of fraud. An original petition or cross petition

must be under oath and under penalty of perjury. The judge shall try

and determine the issues formed by such pleadings and render such

judgment as he or she may deem just and proper, according to the

Oklahoma Statutes - Title 11. Cities and Towns Page 106

evidence submitted. The decision of said district judge shall be

final as to any changes in the total votes, and a copy of such

judgment and decision shall be furnished the officer who presided at

the town meeting. In any case where fraud is proved on the part of a

nominee, he or she shall be declared ineligible for the office for

which he or she was nominated. In all cases where a petition is

filed which alleges fraud, but after hearing said allegations are

not reasonably sustained by competent evidence, the contestant shall

be civilly liable in damages to the contestee for all damages

sustained, including a reasonable attorney fee and all reasonable

and proper costs of conducting such contest; and in the event it be

alleged and found that such petition was frivolous in nature, the

contestee may also be allowed punitive damages to be paid by said

petitioner.
Okla. Stat. tit. 11, § 11-34-104 — OK Code / Title 11 / Section 11-34-104
Disposition of personal property or money or legal
Status: in_force

tender.

A. Any chief of police or designee is authorized to dispose of

personal property or money or legal tender as provided in this

section or the ordinances of the municipality, which has come into

the possession of the police department of the municipality if:

1. The owner of the personal property or money or legal tender

is unknown or has not claimed the property after any required

notice;

2. The property or money or legal tender has been in the

custody of the chief of police for at least ninety (90) days; and

3. The property or money or legal tender or any part thereof is

no longer needed to be held as evidence or for any other purpose in

connection with any litigation. In the event the property, money or

legal tender was seized by the police department in connection with

a criminal investigation or arrest, this determination shall be made

by the court which has jurisdiction over the criminal offense, if an

information or indictment is pending, pursuant to Section 1321 of

Title 22 of the Oklahoma Statutes, or by a prosecuting authority if

charges have been disposed of or have been declined.

B. The municipality may file an application in the district

court in which the situs of government of the municipality is

located requesting the authority of the court to conduct a sale of

the personal property which has a market value . The application

shall contain a list describing the property , the date the property

came into the possession of the municipality, and the name of the

owner and the person in last possession, if different, and the

address of the person, if known. The court shall set the

application for hearing not less than fifteen (15) days after filing

of the application.

C. In any instance where the property has an actual or apparent

value of more than Two Hundred Fifty Dollars ($250.00), at least

eleven (11) days prior to the date of the hearing, written notice of

the hearing shall be sent by first-class mail, postage prepaid, to

each owner and person last in possession of the property at the

address as listed in the application. If the owner of any property

with an actual or apparent value exceeding Five Hundred Dollars

($500.00) is unable to be served written notice by first-class mail,

notice shall be provided by one publication at least three (3) days

prior to the hearing in a newspaper of general circulation in the

county where the property is in custody. The notice shall contain

the place and date of the hearing and a description of the property,

or the location of a list available for review during business hours

Oklahoma Statutes - Title 11. Cities and Towns Page 304

in which the property is described and any known owner identified.

The notice shall be posted at the assigned place for the posting of

municipal notices, and at two other public places in the

municipality.

D. If no owner appears and establishes ownership to the

property at the hearing, the court shall enter an order authorizing

the municipality to dispose of the property as follows:

1. Donate the property having value of less than Five Hundred

Dollars ($500.00) to a not-for-profit corporation as defined in

Title 18 of the Oklahoma Statutes for use by needy families;

2. Sell the personal property for cash to the highest bidder,

after at least five (5) days' notice of the sale has been published;

3. Transfer the property to a third-party agent under contract

with the municipality for sale by Internet or other electronic

means, regardless of whether the sale structure or distribution site

is within the State of Oklahoma; or

4. By any other means as determined appropriate by the court

including but not limited to, destruction.

If the means of disposition involve a sale or donation to the

third party, the chief of police or designee shall make a return of

the donation or sale and the order of the court confirming the

donation or sale shall vest title to the property in the recipient

or purchaser. After payment of court costs and other expenses, the

remainder of money received from the sale of the personal property

shall be deposited in the municipal general fund.

E. All money or legal tender which has come into the possession

of the municipality pursuant to the circumstances provided for in

subsection A of this section shall be transferred by the chief of

police or designee to the municipal clerk or municipal treasurer for

deposit in the municipal general fund. Prior to any transfer, the

municipality shall file an application in the district court

requesting the court to enter an order authorizing the chief of

police or designee to transfer the money for deposit in the

municipal general fund. The application shall describe the money or

legal tender, the date the same came into the possession of the

police department, and the name of the owner and the address of the

owner, if known. Upon filing the application which may be joined

with an application as described in subsection B of this section, a

hearing shall be set not less than fifteen (15) days from the filing

of the application. Notice of the hearing shall be given as

provided for in subsection C of this section. The notice shall

state that upon failure of anyone to appear to prove ownership to

the money or legal tender, the court shall order the same to be

deposited in the municipal general fund. The notice may be combined

with a notice to sell personal property as provided for in

subsection B of this section. If no one appears to claim and prove

ownership to the money or legal tender at the hearing, the court

Oklahoma Statutes - Title 11. Cities and Towns Page 305

shall order the same to be transferred to the municipal general fund

as provided in this subsection.

Notwithstanding any other provision of this section, if

authorized by ordinance, the municipality may transfer any currency

received into a depository account for the benefit of its known or

unknown owners prior to any court order for disposition of the money

or legal tender.

F. Except as provided in this subsection, the provisions of

this section shall not apply to any dangerous or deadly weapons,

narcotic or poisonous drugs, explosives, or any property of any kind

or character, the possession of which is prohibited by law. By

order of the trial court, any property filed as an exhibit or held

by the municipality as evidence or as contraband shall be destroyed

or sold or disposed of, pursuant to the conditions prescribed in the

order. To the extent the provisions of this section do not apply,

the court shall follow the procedures in Section 1321 of Title 22 of

the Oklahoma Statutes. No forfeiture proceeding shall be necessary

to authorize the destruction of property that cannot be returned

lawfully to its owner.

G. The municipality is hereby authorized to establish a

procedure for the registration of "lost and found" property. The

procedure shall give the finder of any property the option of

relinquishing any future claim to found property at the time its

possession is surrendered to the police or other agent of the

municipality, or of retaining possession of the property after

registering its description and the finder's identity with the

police department or other agent of the municipality. The

municipality may require that only property in which the finder

relinquishes any future claim to its ownership will be stored in

municipal police property rooms.

H. The municipality may provide by ordinance that a percentage

of the money or legal tender deposited in the municipal general fund

as provided in subsection D or E of this section may be paid as a

finder's fee for services rendered to any person who found the

unclaimed personal property or money or legal tender and delivered

it to, or registered it with, the chief of police or other agent of

the municipality.

I. The municipality may provide written notice at the time of

arrest or detention that certain property is available for return

within ninety (90) days, if the property was not seized as evidence.

If the property is or appears to be worth less than Two Hundred

Fifty Dollars ($250.00), no further notice is required prior to

obtaining a court order for disposition of the property in

accordance with this section. A notice left with a detainee's

personal property at the detention facility shall be presumed to

have been returned to the detainee at the time of his or her release

Oklahoma Statutes - Title 11. Cities and Towns Page 306

and shall satisfy the officer's obligation to deliver a receipt to

the detainee in connection with an arrest for a public offense.
Okla. Stat. tit. 11, § 11-27-117.1 — OK Code / Title 11 / Section 11-27-117.1
Arrest for misdemeanor traffic violation other than
Status: in_force

parking or standing - Bail.

If a resident or nonresident of a municipality having a

municipal court is arrested by a law enforcement officer solely for

a misdemeanor violation of a traffic ordinance, other than an

ordinance pertaining to a parking or standing traffic violation, and

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

and be released upon personal recognizance as provided for in

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

procedures provided for in the State and Municipal Traffic Bail Bond

Procedure Act as applied to municipalities, shall govern. A

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

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

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

for in Section 1115.1 of Title 22 of the Oklahoma Statutes. Absent

such ordinance, the municipal court may prescribe a bail bond

schedule for traffic offenses. The amount of bail shall not exceed

the maximum fine and costs provided by ordinance for each offense,

Oklahoma Statutes - Title 11. Cities and Towns Page 247

unless the defendant has a previous history of failing to appear

according to the terms or conditions of a bond, in which case the

amount of bail shall not exceed One Thousand Dollars ($1,000.00).
Okla. Stat. tit. 11, § 11-28-102 — OK Code / Title 11 / Section 11-28-102
Jurisdiction of criminal court of record - Jury trial -
Status: in_force

Maximum punishment - Double jeopardy.

A. The municipal criminal courts of record shall have original

jurisdiction to hear and determine all prosecutions when a violation

of any of the ordinances of the city where the court is established

is charged, as provided by Article VII, Section 1 of the Oklahoma

Constitution.

B. In cases when the penalty provided for the violation of an

ordinance is a fine in the amount of more than Five Hundred Dollars

($500.00), excluding court costs, or by imprisonment, or by both

such fine and imprisonment, all persons charged before such

municipal criminal court of record shall be entitled to a trial by

jury, unless waived by the defendant. Judgment and sentence imposed

by the judge shall be as effective as if the same had been rendered

and imposed by a jury.

C. The maximum punishment that may be levied in any municipal

criminal court of record is a fine not exceeding One Thousand Two

Hundred Dollars ($1,200.00) and costs, an imprisonment not to exceed

six (6) months, or both such fine and imprisonment. Provided, the

maximum punishment that may be levied in any municipal criminal

court of record for violations of municipal traffic ordinances not

including ordinances relating to driving a motor vehicle under the

influence of alcohol or drugs is a fine not exceeding One Thousand

Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not

to exceed ninety (90) days, or both such fine and imprisonment. If

a fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed

for an alcohol-related or drug-related traffic offense, the amount

in excess of Seven Hundred Fifty Dollars ($750.00) shall be used to

defray costs for enforcement of laws relating to juvenile access to

alcohol, other laws relating to alcohol and other intoxicating

substances, and traffic-related offenses involving alcohol or other

intoxicating substances. Provided, further that any municipal

criminal court of record may levy a fine not to exceed One Thousand

Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6)

months, or both such fine and imprisonment for violations of

municipal ordinances regulating the pretreatment of wastewater and

regulating stormwater discharges. Provided, further, that for

violations of municipal ordinances relating to prostitution,

including but not limited to engaging in prostitution or soliciting

or procuring prostitution, any municipal criminal court of record in

cities with more than two hundred thousand (200,000) in population

may levy an imprisonment not to exceed six (6) months, and fines as

follows: a fine not to exceed Two Thousand Five Hundred Dollars

($2,500.00) upon the first conviction for violation of any such

ordinances, a fine of not more than Five Thousand Dollars

($5,000.00) upon the second conviction for violation of any of such

Oklahoma Statutes - Title 11. Cities and Towns Page 255

ordinances, and a fine of not more than Seven Thousand Five Hundred

Dollars ($7,500.00) upon the third or subsequent convictions for

violation of any of such ordinances, or both such fine and

imprisonment, as well as a term of community service of not less

than forty (40) nor more than eighty (80) hours. If imprisonment is

available for the offense, then that person charged shall have a

right to a jury trial.

D. A defendant who has been in jeopardy for the same or any

lesser included offense in the municipal criminal court of record or

district court shall not be prosecuted in any other court for the

same or a lesser included offense.
Okla. Stat. tit. 11, § 11-47-115 — OK Code / Title 11 / Section 11-47-115
Procedure for approval of plats
Status: in_force

The commission shall approve or disapprove a plat within thirty

(30) days after it has been submitted to the commission; otherwise

the plat shall be deemed to have been approved, and a certificate to

that effect shall be issued by the commission on demand. The

applicant for the commission's approval may waive the thirty-day

requirement and consent to an extension of the period. The ground

for disapproval of any plat shall be stated upon the records of the

commission. Any plat submitted to the commission shall contain the

name and address for a person to whom notice of a hearing shall be

sent, and no plat shall be acted on by the commission without

affording a hearing thereon. Notice shall be sent to the person at

the address by registered mail of the time and place of the hearing

not less than five (5) days before the date fixed therefor. Similar

notice shall be mailed by first-class mail to the owners of land

immediately adjoining the platted land, as their names appear upon

the plats in the county clerk's office and their addresses appear in

the directory of the municipality or on the tax records of the

municipality or county. Every plat approved by the commission, by

virtue of the approval, shall be deemed to be an amendment of or an

addition to or a detail of the municipal plan and a part thereof.

Approval of a plat shall not be deemed to constitute or effect an

Oklahoma Statutes - Title 11. Cities and Towns Page 504

acceptance by the public of any street or other open space shown

upon the plat. The commission from time to time may recommend to

the council amendments of the zoning ordinance or map or additions

thereto to conform to the commission's recommendations for the

zoning regulation of the territory comprised within approved

subdivisions. The commission shall have the power to agree with the

applicant upon use, height, area or bulk requirements or

restrictions governing buildings and premises within the

subdivision, provided such requirements or restrictions do not

authorize the violation of the then effective zoning ordinance of

the municipality. The requirements or restrictions shall be stated

upon the plat prior to the approval and recording thereof and shall

have the same force of law and be enforceable in the same manner and

with the same sanctions and penalties and subject to the same power

or amendment or repeal as though set out as a part of the zoning

ordinance or map of the municipality.
Okla. Stat. tit. 11, § 11-22-115.1 — OK Code / Title 11 / Section 11-22-115.1
Commercial pet breeder - Restriction of location near
Status: in_force

schools or day care facilities.

A. No commercial pet breeder shall be located within two

thousand five hundred (2,500) feet of a public or private school or

licensed day care facility in a municipality having a population of

more than three hundred thousand (300,000). Provided, this

prohibition shall not apply to a commercial pet breeder that was

lawfully in operation and in full compliance with all licensing,

permitting, and zoning requirements applicable to the commercial pet

breeder prior to the effective date of this act.

B. No public officer or employee shall issue any type of

license, permit, approval or consent for a commercial pet breeder to

Oklahoma Statutes - Title 11. Cities and Towns Page 179

be located within two thousand five hundred (2,500) feet of a public

or private school or licensed day care facility in a municipality

having a population of more than three hundred thousand (300,000).

C. Applications for a commercial pet breeder license or for any

governmental permit, approval or consent needed to authorize the

lawful operation of a commercial pet breeder that are pending on the

effective date of this act shall be subject to the prohibitions set

forth in subsections A and B of this section.

D. The provisions of subsections A and B of this section may be

enforced by any public officer within whose jurisdiction a

noncompliant commercial pet breeder is located or by any other

person aggrieved in any way by noncompliance with the provisions.

Enforcement action may include a civil suit for an injunction filed

in the district court in the county where a noncompliant commercial

pet breeder is located.

E. Any municipality is hereby authorized to enact an ordinance

consistent with the provisions of this section and to enforce the

ordinance by prosecution of violations in the municipal court, as

provided by law.

F. For the purposes of this section, the term "commercial pet

breeder" shall have the same meaning as given in Section 30.2 of

Title 4 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-50-136.1 — OK Code / Title 11 / Section 11-50-136.1
Increase in benefits - Repealed Section 50-120
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, 1993, shall receive a two and one-

half percent (2 1/2%) increase in said benefits on July 1, 1994.

B. Notwithstanding the provisions of Section 50-111.3 of this

title, any increase in benefits a person is eligible to receive or

has received during calendar year 1990 and any subsequent calendar

year pursuant to repealed Section 50-120 of this title shall be used

to offset the increase in benefits provided in subsection A of this

section.
Okla. Stat. tit. 11, § 11-37-216 — OK Code / Title 11 / Section 11-37-216
Resolution ordering improvement - Detailed plans, etc
Status: in_force

- Contractor's bonds.

A. After the expiration of the time for filing protests against

the proposed improvement, or if insufficient protests have been

filed, the municipal governing body shall adopt a resolution

declaring that no protests have been filed, or if protests have been

filed, that the protests were insufficient, and expressing the

determination of the governing body to proceed with the improvement.

The resolution shall require the engineer to forthwith submit and

file detailed plans, profiles, specifications and estimates of

probable cost.

B. After the engineer has filed the detailed plans and

estimates, the governing body shall examine them and, if found

satisfactory, shall adopt and approve them by resolution, and order

the improvement to be done. The resolution ordering the improvement

shall:

1. State that the improvement will be constructed in accordance

with the final detailed plans, specifications and profiles of the

engineer;

Oklahoma Statutes - Title 11. Cities and Towns Page 386

2. Set forth any reasonable terms and conditions that the

governing body shall deem proper to impose with reference to the

letting of the contract and the provisions thereof;

3. Require the contractor to execute to the municipality a good

and sufficient bond, in the amount stated in the resolution,

conditioned for the full and faithful execution of the work and the

performance of the contract for the protection of the municipality

and all property owners interested, against any loss or damage by

reason of the negligence of the contractor, or improper execution of

the work, or for the use of inferior material;

4. Require the contractor to execute a bond, in the amount

stated in the resolution, for the maintenance of the improvements

against any failure due to defective workmanship or materials for a

period of not less than one (1) year from the time of its completion

and acceptance;

5. Require the execution of a good and sufficient bond to the

State of Oklahoma for the payment of all labor and material used in

the construction of the improvement in the full amount of the

contract price therefor; and

6. Direct the municipal clerk, after the filing of the final

plans, profiles, specifications and estimates, to advertise for

sealed proposals for furnishing the materials and performing the

work necessary in making the improvement.
Okla. Stat. tit. 11, § 11-50-123 — OK Code / Title 11 / Section 11-50-123
Discharge of member - Board of review - Grounds -
Status: in_force

Appeal.

A. The governing body of every participating municipality,

except municipalities which have provided for a civil service board

of review or merit board, or have negotiated a contract covering

discharge with their members to hear such appeals, shall establish a

Oklahoma Statutes - Title 11. Cities and Towns Page 674

board of review to hear appeals concerning the discharge of members.

The board of review shall consist of the mayor, ex officio, who

shall be a voting member, and four members to be appointed by the

governing body of the participating municipality, as follows:

1. Two police officers retired or active from the police

department of the municipality; and

2. One attorney and one licensed physician residing in the

municipality.

Whenever persons meeting the qualifications of this subsection are

unavailable for appointments, the mayor shall in lieu thereof make

the appointments from the governing body of the municipality, except

that neither the Chief of Police nor any person having direct

appointive authority for police personnel shall be eligible for

appointment to said board. Appointive members of the board shall

serve at the pleasure of the appointing official.

B. No member may be discharged except for cause. Any member

who is discharged may appeal to the board of review herein provided.

Appeals from decisions of said board of review may be taken in the

manner provided for in this article, provided the provisions of this

section relating to the board of review and discharge shall not

apply to any municipality which has heretofore or hereinafter

established by its charter civil service or merit system pertaining

to the appointment and discharge of members and an independent board

or commission having authority to hear actions involving the

discharge of members.
Okla. Stat. tit. 11, § 11-17-114 — OK Code / Title 11 / Section 11-17-114
Vendor invoices and contract estimates - Payment
Status: in_force

procedures - Uniform jackets.

To facilitate the payment of vendor invoices and contract

estimates the municipal finance officer may design a uniform jacket

to be used by all departments and divisions of the municipality

whereon shall be provided summarized information relative to the

enclosed invoices or contract estimates, together with a space for

the approval of the head of the department or division approving

said vendor invoices or contract estimates for payment. Vendor

invoices and contract estimates may be accepted by the municipality

in lieu of the claim form previously required in the same manner as

commercial invoices are paid. If utilized, vendor invoices and

contract estimates shall be filed with the department or division

receiving the merchandise or services in the same manner as invoices

are filed with commercial firms. Upon receipt of invoices or

contract estimates the head of the department or division or his

authorized agent, may approve said documents for payment by

executing a certificate of delivery or acceptance of the goods or

services. Whereupon, the authorized official of said agency may

approve said invoices or contract estimates for payment by enclosing

the invoice or contract estimate in a jacket provided for such

purpose and affixing his or her approval in the space provided on

the jacket.
Okla. Stat. tit. 11, § 11-17-301 — OK Code / Title 11 / Section 11-17-301
Municipal Fiscal Impact Act - Fiscal impact statement
Status: in_force

A. This section shall be known and may be cited as the

“Municipal Fiscal Impact Act”.

B. As used in this section, “direct adverse fiscal impact”

means the cost in dollars to a municipality in this state of a

statute which imposes a mandate for the new or additional

application of municipal resources or reduces existing municipal

resources without providing revenue which would fully fund the

mandate. Municipal resources may include, but are not limited to:

law enforcement, fire protection, health and medical services, power

and water services, streets, bridges or highways and recreational

services.

C. A fiscal impact statement shall be required for any bill or

resolution which is determined by the chair of the legislative

committee to which the bill or resolution is assigned to have a

potential direct adverse fiscal impact on municipalities in this

state. The impact statement shall identify the estimated amount of

the fiscal impact and any source of federal, state or local revenue

that will be used to fund the proposed mandate. If the chair of the

committee to which the bill or resolution is assigned determines

that the bill or resolution, or a proposed amendment, is subject to

the provisions of this section, the chair shall:

1. Request the preparation of a fiscal impact statement prior

to placing the bill, resolution or amendment on the agenda to be

considered at a meeting of the committee;

2. Provide notice to the principal author of the bill,

resolution or amendment regarding the determination; and

3. Make the fiscal impact statement available, on and after the

date of the committee meeting during which the bill or resolution is

considered, to the author, members of the committee considering the

bill or resolution and any other party requesting information.

D. No bill, resolution or amendment determined to have a direct

adverse fiscal impact on municipalities in excess of One Hundred

Thousand Dollars ($100,000.00) statewide shall be reported out of

the committee to which it is assigned, or in the case of a floor

amendment, shall be acted upon by the relevant house, unless a

fiscal impact statement of the bill is made.

E. Any bill, resolution or amendment determined to have a

direct adverse fiscal impact on municipalities in excess of One

Oklahoma Statutes - Title 11. Cities and Towns Page 130

Hundred Thousand Dollars ($100,000.00) statewide for which an

emergency clause has not received required approval pursuant to

Section 58 of Article V of the Oklahoma Constitution shall not go

into effect until July 1 of the following calendar year.
Okla. Stat. tit. 11, § 11-42-111 — OK Code / Title 11 / Section 11-42-111
Court action by owners to foreclose or reopen public
Status: in_force

way - Petition.

Any owner of any real estate to which any public way or

easement, or any part thereof, has heretofore reverted or may

hereafter revert by closing, within the corporate limits of any

municipality, may commence an action in the district court in the

county in which the real estate is situated, upon filing a verified

petition. The petition shall show the passage of an ordinance

closing the public way or easement and ask for the foreclosure of

the absolute right to reopen the public way or easement or ask for

the reopening of the public way or easement. Attached to the

verified petition shall be the certificate of a bonded abstractor

listing the names and mailing addresses of all persons required to

be notified as set forth in Section 42-112 of this title.
Okla. Stat. tit. 11, § 11-16-213 — OK Code / Title 11 / Section 11-16-213
Transitional provisions for municipalities not in
Status: in_force

conformance with general election or town meeting procedure.

A. If the term of an elected officer as set forth in the notice

of the last election for the office will expire in an even-numbered

year, a regular municipal election or town meeting, if the

municipality is subject to the Oklahoma Town Meeting Act, shall be

held in order to elect a successor. The term of the successor shall

be either three (3) or five (5) years as necessary in order to

comply with the provisions of Section 16-101 et seq. of this title.

Thereafter, the term of said office shall be four (4) years. Any

such election or town meeting held in an even-numbered year shall be

conducted in the manner provided by law applicable to municipal

elections or town meetings, whichever is appropriate.

B. If the term of an elected officer as set forth in the notice

of the last election for the office will expire in an odd-numbered

year, but the term of office does not coincide with the offices

named in Section 16-201 et seq. of this title, a regular municipal

election or town meeting shall be held in order to elect a

successor. The term of the successor shall be either two (2) or four

(4) years as necessary in order to comply with the provisions of

Section 16-101 et seq. of this title. Thereafter, the term of said

office shall be four (4) years.
Okla. Stat. tit. 11, § 11-8-101 — OK Code / Title 11 / Section 11-8-101
Qualifications for elected office
Status: in_force

A municipal elected official shall be a resident and a

registered voter of the municipality in which he serves, and all

councilmembers or trustees from wards shall be actual residents of

their respective wards. If an elected official ceases to be a

resident of the municipality, he shall thereupon cease to be an

elected official of that municipality.
Okla. Stat. tit. 11, § 11-33-106 — OK Code / Title 11 / Section 11-33-106
Public recreation board or commission - Membership -
Status: in_force

Appointment.

A. If the governing body or bodies of any governmental unit or

units shall determine that the power to provide, establish, conduct

and maintain such recreation centers, facilities and playgrounds

shall be exercised by a board or commission acting through a public

recreation department, the governing body or bodies shall, by

resolution or ordinance, singly or jointly, establish in the

governmental unit or units a public recreation board which shall

possess all the powers necessary to the carrying out of the

provisions of this subarticle, and the planning and providing of a

comprehensive program of public recreation. However, the financial

and fiscal affairs of the board or commission and the public

recreation program shall be under the supervision and control of the

governing body or bodies of the governmental unit or units.

B. If a public recreation board or commission is established,

it shall consist of not less than five (5) persons serving without

Oklahoma Statutes - Title 11. Cities and Towns Page 294

pay, to be appointed jointly by a majority of the members of the

governing body or bodies of the governmental unit or units. The

term of office of each of the members of the board or commission

shall be fixed by the governing body or bodies or the governmental

unit or units; however all terms shall not expire at the same time.

Immediately after their appointment, the members of the board or

commission shall meet and organize by electing one of their members

chairman, and such other offices as the board may deem necessary.

The board or commission shall elect officers annually and may

appoint permanent or temporary committees, who may or may not be

members of the board or governing body, to advise and assist it in

the conduct of its affairs. Vacancies on the board or commission

occurring otherwise than by expiration of their term of office shall

be filled by the presiding officer of the governing body or bodies

only for the unexpired term of the member whose vacancy is being

filled.
Okla. Stat. tit. 11, § 11-48-102 — OK Code / Title 11 / Section 11-48-102
Control and management of system
Status: in_force

Every municipality or municipal authority establishing a

retirement fund and system is authorized and directed to provide for

the control and management of the system by ordinance. The

ordinance shall provide, in addition to other provisions, for:

1. The qualifications of the persons eligible for retirement

benefits;

2. The minimum age for retirement of employees;

3. The limitations of the amounts to be paid to persons

eligible for retirement benefits;

4. A Board of Trustees to administer the fund, and the duties,

membership and powers of such board;

5. The amount of contributions to be made by the municipality

or authority, and the amount to be made by the employee, if any; and

Oklahoma Statutes - Title 11. Cities and Towns Page 509

6. Such rules and regulations as the municipality or authority

shall determine necessary for the proper regulation of the

retirement system and fund.

The retirement fund and system shall be known as the "Employee

Retirement System of ________ (name of municipality), Oklahoma" and

by such name all of its business shall be transacted, all funds

handled and all of its cash and securities and other property held.

Any municipality or any municipal authority may combine or pool by

contract with other municipalities and authorities pension and

retirement funds for purposes of management and investment, and may

create a single board of trustees for such purposes. The provisions

of this section shall not apply to Firemen's Relief and Pension

Funds nor to Police Pension and Retirement System funds.
Okla. Stat. tit. 11, § 11-36-402 — OK Code / Title 11 / Section 11-36-402
Preliminary plans - Examination and approval - Proposed
Status: in_force

assessment roll.

When the governing body deems it necessary to acquire real

estate for the purpose of laying out, opening, extending, widening

or straightening any street, boulevard, alley, park or public square

within the municipality, it shall direct, by resolution, the

engineer to prepare the necessary plans, specifications, profiles

and an estimate of the probable cost of the improvement and to

submit them for approval to the governing body. Upon the approval

of the plans and estimates, the engineer shall at once prepare a

proposed assessment roll which shall contain:

1. The names of the last-known owners of real estate abutting

the improvement, not less than one (1) block distance from the

improvement, and including such additional area as shall be deemed

to be benefited by reason of the improvement. The record owners

shall be listed as shown by the current year's tax rolls in the

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

abstractor;

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

assessed; and

Oklahoma Statutes - Title 11. Cities and Towns Page 347

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

parcel of land, based on apportionment of the cost of improvement

among the tracts and parcels benefited by the improvement in

proportion to the entire area benefited by the improvement.
Okla. Stat. tit. 11, § 11-17-115.2 — OK Code / Title 11 / Section 11-17-115.2
Short title - Municipal Government COVID-19 Emergency Budget Act – Temporary
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 5Budget Act – Temporary budget.

A. This act shall be known and may be cited as the "Municipal

Government COVID-19 Emergency Budget Act".

B. Municipal governments may adopt a temporary budget for the

2021 fiscal year if the municipal governing body determines adopting

a yearly budget is not in the best interest of the municipal

government due to the effects of the COVID-19 pandemic on revenue

projections. The temporary budget process shall comply with the

following provisions:

1. The temporary budget shall not exceed six (6) months in

duration;

2. At the conclusion of the temporary budget the municipal

government shall adopt a permanent budget for the duration of the

fiscal year;

3. The temporary budget may be altered or otherwise amended

following standard budgeting procedures;

4. In adopting the permanent budget for the 2021 fiscal budget

year the municipal government shall comply with all provisions of

the Oklahoma Open Meeting Act and shall comply with deadlines within

the Municipal Budget Act as provided in Sections 17-201 through 17-

216 of Title 11 of the Oklahoma Statutes and the Estimate of Needs

Law as provided in Sections 3001 through 3033 of Title 68 of the

Oklahoma Statutes and Section 461 of Title 62 of the Oklahoma

Statutes, provided that the deadlines may be moved to a later date

in the year so long as the total length of required notice has been

met;

5. The municipal government shall comply with all provisions of

the Oklahoma Open Meeting Act when adopting the temporary municipal

budget. Additionally, the municipal government shall provide notice

of the meeting where the temporary budget will be considered five

(5) days prior to the meeting. The notice shall include the time,

date, and place of the meeting. The notice shall also identify and

list the website, if available, or other location where copies of

the temporary budget or a temporary budget summary will be available

for public inspection. In adopting the temporary budget for the

2021 fiscal budget year the municipal government shall be exempt

from any budget preparation notice and publication requirements

within the Municipal Budget Act as provided in Sections 17-201

through 17-216 of Title 11 of the Oklahoma Statutes and the Estimate

of Needs Law as provided in Sections 3001 through 3033 of Title 68

of the Oklahoma Statutes and Section 461 of Title 62 of the Oklahoma

Statutes;

6. Adoption of the temporary budget under the provisions of the

Municipal Government COVID-19 Emergency Budget Act shall be deemed

sufficient for all requirements and obligations of municipal

governments concerning the adoption of a municipal budget; provided

Oklahoma Statutes - Title 11. Cities and Towns Page 118

that any previous contractual obligation of a municipality dependent

on the passage of a municipal budget may be fulfilled by either the

temporary budget or the permanent budget at the discretion of the

municipal governing body; and

7. The temporary budget options outlined in this section may be

utilized by municipal governments operating under the Estimate of

Needs Law as provided in Sections 3001 through 3033 of Title 68 of

the Oklahoma Statutes and Section 461 of Title 62 of the Oklahoma

Statutes, or Municipal Budget Act budgets pursuant to Sections 17-

201 through 17-216 of Title 11 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-43-101.1 — OK Code / Title 11 / Section 11-43-101.1
Restriction of use of or prohibition of future use of
Status: in_force

property within certain military installation areas.

A. Any municipality in this state that is wholly or in part

within an Air Installation Compatible Use Zone (AICUZ) study area,

Joint Land Use Study (JLUS) area, Army Compatible Use Buffer (ACUB),

or an Environmental Noise Management Plan (ENMP) of an active duty,

National Guard or Reserve military installation may enact a city

ordinance restricting or prohibiting future uses for that

incorporated area which lies within the AICUZ, JLUS, ACUB, or ENMP

area and which may expose residents to noise greater than sixty-five

(65) Day-Night Noise Level (DNL) or accident potential that could

affect the public health, safety, and welfare, or interfere with

military operations, including aircraft operations. Such authority

shall not extend into the corporate limits of another municipality.

B. The ordinance shall restrict or prohibit future uses within

the AICUZ or JLUS area which:

1. Release into the air any substance which would impair

visibility or otherwise interfere with military operations,

including ground operations, such as steam, dust or smoke unless the

substance is generated from agricultural use;

2. Produce light emissions, either directly, or indirectly or

by reflective light, which would interfere with pilot vision, and

aerial or ground-based night vision training;

3. Produce electrical emissions which would interfere with

military ground and aircraft communications and navigation

equipment;

4. Attract birds or waterfowl including, but not limited to,

operation of sanitary landfills and maintenance of feeding stations;

5. Provide for structures within ten (10) feet of defined

aircraft approach, departure, or transitional surfaces; or one

hundred (100) feet beneath a low-level military aircraft training

route as provided by the Federal Aviation Administration;

6. Expose persons to noise greater than sixty-five (65) DNL; or

7. Detract from the aesthetic appearance, or otherwise create

or promote an unsightly, unsanitary or unhealthy appearance of any

entrance into a military installation including, but not limited to,

automobile or truck salvage yards, equipment storage sites or solid

waste storage or disposal sites.

C. The ordinance shall restrict or prohibit future uses within

the AICUZ/JLUS area which violate any Federal Aviation

Administration height restriction in Title 14 of the Code of Federal

Regulations (14 CFR) part 77, Objects Affecting Navigable Airspace.

Oklahoma Statutes - Title 11. Cities and Towns Page 471

D. 1. The ordinance shall be consistent with the most current

recommendations or studies made by the United States Air Force

installations located at Altus Air Force Base located in Altus,

Oklahoma, Tinker Air Force Base located in Oklahoma City, Oklahoma,

and Vance Air Force Base located in Enid, Oklahoma, entitled “Air

Installation Compatible Use Zone Study” or studies made by the

United States Department of the Army installations located at Fort

Sill in Lawton, Oklahoma, entitled “Army Compatible Use Buffers” or

any similar zoning relating to or surrounding a military

installation as adopted by a county, city, or town or any

combination of those governmental entities and shall be consistent

with the most current recommendations; and

2. Interpretations of such ordinance shall consider the

recommendations or studies with a view to protection of the public

health, safety, and welfare and maintenance of safe military and

aircraft operations, and assure sustainability of installation

missions.

E. Subject to the provisions and requirements of paragraph 1 of

subsection D of this section, the ordinance shall not prohibit

single-family residential use on tracts of one (1) acre or more in

area, provided that future construction shall comply with the

“Guidelines for the Sound Insulation of Residences Exposed to

Aircraft Operations, Wyle Research Report WR 89-7". Such

construction shall be regulated and inspected by the municipality’s

existing building permit and inspection ordinances and procedures.
Okla. Stat. tit. 11, § 11-51-110 — OK Code / Title 11 / Section 11-51-110
Fees and expenses
Status: in_force

Fees and necessary expenses of the arbitrator selected by the

bargaining agent and the arbitrator selected by the corporate

authorities shall be borne by the bargaining agent and the corporate

authorities respectively. The reasonable fees and necessary

expenses of the third arbitrator shall be borne equally by the

bargaining agent and corporate authorities.
Okla. Stat. tit. 11, § 11-16-110 — OK Code / Title 11 / Section 11-16-110
Nonpartisan candidates
Status: in_force

A candidate may have his or her name printed upon the

nonpartisan general municipal election ballot as candidate for any

office to be filled at the election. To become a candidate, a

Oklahoma Statutes - Title 11. Cities and Towns Page 94

declaration of candidacy must be filed with the county election

board no earlier than 8:00 a.m. on the first Monday in February and

no later than 5:00 p.m. on the next succeeding Wednesday. A

candidate must also be a registered voter at an address within the

municipality, or of the ward where the office is from a ward for at

least six (6) months prior to filing a declaration of candidacy.

Filing as a candidate in a nonpartisan municipal election or voting

for such candidate shall not affect one’s party affiliation or

regularity.
Okla. Stat. tit. 11, § 11-50-106.3 — OK Code / Title 11 / Section 11-50-106.3
Joining System - Application for affiliation -
Status: in_force

Consolidation of systems - Election to participate.

Oklahoma Statutes - Title 11. Cities and Towns Page 626

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

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

resolution approved by the governing body of the eligible employer

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

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

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

such election shall be irrevocable and the eligible municipality

shall become a participating municipality on the first day of the

month immediately following the filing of such election with the

State Board. Participating municipalities shall be required to

provide all documentation requested by the System relating to the

administration of the System.

B. The State Board shall have final authority in determining

eligibility for membership in the System, pursuant to the provisions

of this article. A member claiming credit for prior municipal

police service in Oklahoma shall file an application with the State

Board. The date of filing such application shall be not more than

ninety (90) days after the municipality's entry date. Any credit

for such prior service shall not exceed five (5) years. Upon a

favorable determination of the eligibility for and the amount of

service credit under this section, the member shall pay the amount

determined by the State Board pursuant to Section 50-111.4 of this

title.

C. Any municipality that has a municipal police pension and

retirement system prior to July 1, 1980, shall consolidate its

system with the state System and become a participating municipality

on the first entry date as provided in this article.

D. Any eligible employer of a municipality which is a

participating employer in the Oklahoma Public Employees Retirement

System on July 1, 1996, may become a participating municipality of

the Oklahoma Police Pension and Retirement System if and only if a

certified copy of a resolution approved by the governing body of the

eligible employer or by any other body or officer authorized by law

or recognized by the Board to approve such a resolution, is filed

with the Board. Such election shall be irrevocable.

1. All eligible officers who are initially employed in such a

position on or after the date when the municipality becomes a

participating municipality shall be members of the Oklahoma Police

Pension and Retirement System and shall have no right to participate

in the Oklahoma Public Employees Retirement System.

2. All eligible officers who were employed in such a position

prior to the date when the municipality becomes a participating

municipality shall have the right to make a one-time election on or

before six (6) months following the date that the municipality

became a participating municipality to participate in the Oklahoma

Police Pension and Retirement System. Any such employee who fails

Oklahoma Statutes - Title 11. Cities and Towns Page 627

to make the election provided in this paragraph shall remain in the

Oklahoma Public Employees Retirement System.

a. Eligible officers electing to participate in the

Oklahoma Police Pension and Retirement System shall be

allowed to withdraw their accumulated contributions or

elect a vested benefit in the Oklahoma Public

Employees Retirement System as provided in Section 917

of Title 74 of the Oklahoma Statutes.

b. Eligible officers electing to participate in the

Oklahoma Police Pension and Retirement System may file

a claim for prior municipal police service in Oklahoma

with the State Board and may receive the prior service

credit, not to exceed five (5) years, upon payment for

the service at the actuarial cost as determined by the

State Board. In no event, however, shall any eligible

officer electing to participate in the Oklahoma Police

Pension and Retirement System be allowed to receive

credit or benefits in the Oklahoma Police Pension and

Retirement System for years of service for which the

officer is already receiving or eligible to receive

retirement credit or benefits in the Oklahoma Public

Employees Retirement System.
Okla. Stat. tit. 11, § 11-36-108 — OK Code / Title 11 / Section 11-36-108
Encroachments not exceeding twenty-four inches -
Status: in_force

Quitclaim deed.

A municipal governing body, in its discretion, may execute and

deliver to the owners of a building, business or religious

institution a quitclaim deed to that part of the municipality's

streets or alleys which have been inadvertently encroached by such

building or institution under the following conditions: 1. The

governing body finds that a residential building, business, or

religious institution located in the municipality has inadvertently

encroached not to exceed twenty-four (24) inches on a street or

Oklahoma Statutes - Title 11. Cities and Towns Page 319

alley of the municipality by constructing a part of a building

thereon, which encroachment is of such limited character as not to

interfere with traffic on the street, alley, or on any sidewalk

located thereon; 2. All the building facing the street are in

substantial line with each other; 3. The encroachment has

existed continuously for more than fifteen (15) years last past; 4.

In the opinion of the governing body the encroachment does not

interfere with traffic on the street, alley, or sidewalk; and 5.

Payment is made to the municipality of an amount which the governing

body finds to be a reasonable cash value of the property so

conveyed. This section shall no apply in cases of encroachments

accomplishedafter May 27, 1975.
Okla. Stat. tit. 11, § 11-50-136.8 — OK Code / Title 11 / Section 11-50-136.8
Increase in benefits - July 1, 2008 - 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, 2007, who continues to receive

benefits on or after July 1, 2008, shall receive a four-percent

increase in said benefits on July 1, 2008.

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, 2006, shall be offset by the increase in

benefits, if any, provided by this section.
Okla. Stat. tit. 11, § 11-50-111.1 — OK Code / Title 11 / Section 11-50-111.1
Termination of service before normal retirement date
Status: in_force

- Refund of accumulated contributions - Election of vested benefit -

Monthly retirement annuity - Rejoining System - Death without named

beneficiary.

A. A member who terminates service before normal retirement

date, other than by death or disability, shall, upon application

filed with the Oklahoma Police Pension and Retirement Board, be

refunded from the Oklahoma Police Pension and Retirement Fund an

amount equal to the accumulated contributions the member has made to

the fund, but excluding any interest or any amount contributed by

the municipality or state. If a member withdraws the member’s

accumulated contributions, such member shall not have any recourse

against the System for any type of additional benefits including,

but not limited to, disability benefits. If a member has completed

ten (10) years of credited service at the date of termination, the

member may elect a vested benefit in lieu of receiving the member’s

accumulated contributions.

If the member who has completed ten (10) or more years of

credited service elects the vested benefit, the member shall be

entitled to a monthly retirement annuity commencing on the date the

member reaches fifty (50) years of age or the date the member would

have had twenty (20) years of credited service had the member’s

employment continued uninterrupted, whichever is later. The annual

amount of such retirement annuity shall be equal to two and one-half

percent (2 1/2%) of the annualized final average salary multiplied

by the number of years of credited service. For a monthly

retirement annuity commencing on or after the effective date of this

act, the annual amount of such retirement annuity shall be computed

pursuant to the annualized final average salary as defined pursuant

to paragraph 17 of Section 50-101 of this title multiplied by the

number of years of credited service.

Oklahoma Statutes - Title 11. Cities and Towns Page 631

If a terminated member has elected a vested benefit and

subsequently returns to work as a police officer of a participating

municipality, his or her vested benefit will be set aside and prior

credited service will be reinstated.

B. If a member who terminates employment and elects a vested

benefit dies prior to being eligible to receive benefits, the

member’s beneficiary shall be entitled to the member’s normal

monthly accrued retirement benefits on the date the deceased member

would have been eligible to receive the benefit.

C. Whenever a member has terminated or hereafter terminates

covered employment and has withdrawn or hereafter withdraws the

member’s accumulated contributions and has rejoined or hereafter

rejoins the System, the member, upon proper application and approval

by the Board, may pay to the System the sum of the accumulated

contributions the member has withdrawn or hereafter withdraws plus

ten percent (10%) annual interest from the date of withdrawal and

shall receive the same benefits as if the member had never withdrawn

the contributions. A lump-sum payment for repayment of any amounts

received because of a member’s prior termination may be repaid by

trustee-to-trustee transfers of non-Roth funds from a Section 403(b)

annuity, an eligible Section 457(b) plan, and/or a Section 401(a)

qualified plan. Those members who at the time of termination of

employment could not withdraw any of their accumulated contributions

shall receive credited service for the time employed as an officer

prior to any such termination upon proper application and approval

by the Board. To receive credit for such service, all required

contributions and interest shall be paid within ninety (90) days of

Board approval of the application. The provisions of this

subsection shall not apply to any member who is receiving benefits

from the System as of July 1, 1987.

D. If an active member dies and does not leave a surviving

beneficiary under paragraph 13 of Section 50-101 of this title, thecontributions - Election of vested benefit - Monthly retirement annuity - Rejoining System - Deathcredit for such service, all required

contributions and interest shall be paid within ninety (90) days of

Board approval of the application. The provisions of this

subsection shall not apply to any member who is receiving benefits

from the System as of July 1, 1987.

D. If an active member dies and does not leave a surviving

beneficiary under paragraph 13 of Section 50-101 of this title, the

accumulated contributions made to the System by the member shall be

paid to the member’s estate or, if properly designated by the

member, a trust.
Okla. Stat. tit. 11, § 11-37-206 — OK Code / Title 11 / Section 11-37-206
Establishment of district sewer and water distribution
Status: in_force

lines - Petition.

District sewers and district water distribution lines shall be

established within the limits of the districts, to be prescribed by

ordinance. District sewers shall connect with public sewers or

other district sewers, or with the natural course of drainage, as

each case may be. District water distribution lines in contiguous

or noncontiguous areas may connect with public distribution lines,

or other district distribution lines. The governing body shall

cause sewers and/or district water distribution lines to be

constructed in each district whenever the record owners of more than

one-half the area of land liable to assessments for the improvement

shall petition therefor. The petition shall be filed with the city

clerk. The petition shall state in bold, capitalized letters at the

top of the page that the cost of the proposed improvements shall be

assessed against the property benefited by the improvements. The

districts may include mains and submains where the same are within

Oklahoma Statutes - Title 11. Cities and Towns Page 382

the limits of the district or are necessary outlets or supply lines

thereto.
Okla. Stat. tit. 11, § 11-25-103 — OK Code / Title 11 / Section 11-25-103
Trustees’ meetings
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 231

The trustees of a municipal energy district authority shall

establish a time and place for regular meetings and may hold special

meetings as may be required for the proper transaction of business.

Three trustees shall constitute a quorum for the transaction of

business and upon all questions requiring a vote of the trustees

there shall be a concurrence of three trustees for approval.
Okla. Stat. tit. 11, § 11-25-104 — OK Code / Title 11 / Section 11-25-104
Trustees’ powers and duties
Status: in_force

A. The trustees of a municipal energy district authority shall

be authorized to:

1. Manage and conduct the business and affairs of the

authority;

2. Make and execute all necessary contracts;

3. Secure funding through sources which may include:

a. issuance of notes or bonds,

b. public or private lenders,

c. grants or loans from other governmental entities when

funds are available, or

d. any other public or private funding source;

4. Make loans directly to willing and consenting property

owners or through a financial institution for the following

purposes:

a. to finance the purchase and installation of

distributed-generation renewable energy sources,

b. to make energy-efficient improvements or retrofits

that are permanently affixed to residential,

commercial, or industrial property,

c. to conduct residential and commercial building energy

audits, and

d. to establish financial incentive programs for energy-

efficient improvements; and

5. Make loans or other repayment mechanisms for capital

expenditures available to implement green community programs and

qualified energy-conservation projects.

B. The trustees of an energy district authority shall

coordinate with electric utilities that provide electric service

within the borders of the municipality on programs offered by the

authority pursuant to the Oklahoma Municipal Energy Independence

Act. No program offered by a municipal energy district authority

shall be used directly or indirectly to compete against an electric

service provider's similar program within the borders of the

municipality for electric customers.
Okla. Stat. tit. 11, § 11-22-101.2 — OK Code / Title 11 / Section 11-22-101.2
Employer coercion prohibited
Status: in_force

It shall be unlawful for the governing body or officer of any

municipal corporation in this state to directly or indirectly coerce

or attempt to coerce any municipal employee to participate or

refrain from participation in municipal political activities or

public meetings.
Okla. Stat. tit. 11, § 11-13-116 — OK Code / Title 11 / Section 11-13-116
Ordinances relating to elected law enforcement
Status: in_force

officers.

No municipality shall adopt an ordinance restricting or

expanding the powers and duties, supervisory and management

authority, or the regulation of day-to-day activities of a duly

elected law enforcement officer unless such authority is

specifically granted by the municipal charter of said municipality.
Okla. Stat. tit. 11, § 11-2-103 — OK Code / Title 11 / Section 11-2-103
Municipality to be surveyed and platted
Status: in_force

Persons intending to apply for the incorporation of a town or

city shall cause a survey and plat to be made of the territory

intended to be embraced within its limits. The survey shall be made

by a registered land surveyor, and shall set forth the courses and

distances of the boundaries, the quantity of land contained therein,

and be platted into lots and blocks in accordance with Sections 41-

101 through 41-111 of this title. The survey and plat shall be

verified by the affidavit of the surveyor.
Okla. Stat. tit. 11, § 11-39-120 — OK Code / Title 11 / Section 11-39-120
Sale of property by trustee
Status: in_force

A. After expiration of the period of redemption of the tract or

parcel of land foreclosed, the trustee may apply to the district

court which ordered the property sold for an order authorizing the

trustee to sell the property at private sale.

B. After the filing of the application of the trustee, the

district court shall appoint three (3) disinterested persons to

appraise the property sought to be sold and return the appraisement

to the court. After the appraisement is filed in the district

court, the district court shall, if it deems the appraisement to be

fair, enter an order authorizing and directing the trustee to sell

and convey to the purchaser the tract or parcel of land being sold.

The tract or parcel of land shall not be sold at private sale except

for cash and for no less than the value determined by the

appraisers.

C. If the trustee is unable to sell the tract or parcel of land

at its appraised value, the trustee may apply to the district court

which ordered the property sold for an order authorizing the trustee

to sell for cash the tract or parcel of land foreclosed to the

highest and best bidder subject to the approval of the district

court. If the court determines that the property cannot be sold at

its appraised value, the court may enter an order directing the

public sale of the property.

D. After the sale of the foreclosed tract or parcel of land at

either a private sale or a public sale, approved by the court, the

trustee shall:

Oklahoma Statutes - Title 11. Cities and Towns Page 446

1. Deduct the costs of the sale and costs taxed against the

tract or parcel of land in the sale proceedings; and

2. Pay the remainder of the proceeds into the proper district

fund for payment of the interest and the bonds. In case of the sale

of any tract or parcel of land subject to more than one delinquent

assessment, such remaining proceeds shall be distributed into the

proper district funds for such payment pro rata based upon the total

unpaid amount due each such district.
Okla. Stat. tit. 11, § 11-12-103.1 — OK Code / Title 11 / Section 11-12-103.1
Nomination and election of at large trustees -
Status: in_force

Ordinance - Petition.

A. The board of trustees may, by ordinance, provide for the

nomination and election at large of the trustees of a statutory town

board of trustees form of government; provided, however, that such

ordinance shall not become effective until sixty (60) days following

the date of its publication. After the ordinance becomes effective,

the requirement that trustees of a town be residents of and

nominated from wards shall not apply.

B. Within such sixty-day period, the registered voters of such

town may petition for an election on the question of nominating and

electing the trustees at large. The petition shall be signed by a

number of such registered voters that is not less than twenty

percent (20%) of the votes cast at the most recent election for the

town office receiving the greatest number of votes. The petition

shall be filed with the town clerk. The ordinance providing for the

nomination and election of trustees at large shall be suspended

pending the determination of the sufficiency of the number of

signatures on the petition or the determination of the results of

the election.

C. Each petition filed with the town clerk shall be on a

separate sheet and shall be authenticated by the affidavit of at

least one credible witness that the signatures are genuine and that

the signers of the petition are registered voters of the town. The

clerk shall make a physical count of the number of signatures

appearing on the petitions and shall verify with the county election

board the number of votes cast at the most recent town election for

the office receiving the greatest number of votes. The clerk shall

then publish a notice of the filing and the apparent sufficiency or

insufficiency of the petition. The notice shall also state that any

qualified elector of the town may file a protest to the petition or

an objection to the count made by the clerk. A protest to the

petition or the count of signatures shall be filed in the district

court in the county in which the situs of the town is located within

ten (10) days after the publication. Written notice of the protest

shall be served upon the clerk and the parties who filed the

petition. In the case of the filing of an objection to the count,

notice shall also be served upon any party filing a protest. The

district court shall fix a day, not less than ten (10) days after

the filing of a protest, to hear testimony and arguments for and

against the sufficiency of the petition. A protest filed by anyone,

if abandoned by the party filing it, may be revived within five (5)

days by any other qualified elector. After the hearing, the

district court shall decide whether such petition is in form

required by law. If the number of signatures on the petition is

insufficient, the ordinance shall become effective.

Oklahoma Statutes - Title 11. Cities and Towns Page 69

D. If the number of signatures of the registered voters on the

petition is sufficient, an election on the question shall be

conducted as provided in the applicable sections of Article 16 of

this title. The question on the ballot shall read substantially as

follows:

For the nomination and election of

trustees at large ( )

Against the nomination and election

of trustees at large ( )

E. If a majority of the votes cast on the question favor the

nomination and election of trustees at large, the ordinance shall

become effective. If a majority of the votes cast on the question

are against the nomination and election of the trustees at large,

the ordinance shall not become effective.
Okla. Stat. tit. 11, § 11-50-136.2 — OK Code / Title 11 / Section 11-50-136.2
Additional retirement benefit
Status: in_force

A. Except as provided by subsection B of this section, the

Oklahoma Police Pension and Retirement System shall pay to its

retirees, who retire not later than June 30, 1997, or their

beneficiaries, from assets of the retirement system, an additional

amount, for the fiscal year ending June 30, 1998, based upon the

number of years of credited service upon which the retirement

benefit of the member was computed as follows:

1. One Hundred Fifty Dollars ($150.00) for at least ten (10),

but no more than fourteen (14) years of service;

2. Three Hundred Dollars ($300.00) for at least fifteen (15),

but no more than nineteen (19) years of service;

3. Four Hundred Fifty Dollars ($450.00) for at least twenty

(20), but no more than twenty-four (24) years of service; and

4. Six Hundred Dollars ($600.00) for twenty-five (25) or more

years of service.

B. The Oklahoma Police Pension and Retirement System shall pay

to retirees, who retire not later than June 30, 1997, with a

disability retirement benefit and having less than ten (10) years of

service, the sum of One Hundred Fifty Dollars ($150.00).

C. For purposes of subsection A or B of this section, months of

credited service in excess of a whole number of years shall be

disregarded for purposes of determining the applicable payment

amount.

D. The payment authorized by this section shall be distributed

not later than August 1, 1997.

E. The payment authorized by this section shall not be a

recurring benefit and shall only be made for the fiscal year ending

June 30, 1998, and for no other fiscal year.

Oklahoma Statutes - Title 11. Cities and Towns Page 685

F. If a retiree has multiple beneficiaries, the amount

prescribed by subsection A of this section shall be divided equally

among the beneficiaries on a per capita basis.
Okla. Stat. tit. 11, § 11-36-204 — OK Code / Title 11 / Section 11-36-204
Examination and approval of plans - Resolution of
Status: in_force

necessity.

Upon the filing of the plans, assessment plat, and preliminary

estimate of the cost of the improvements with the clerk, the

governing body shall examine them and, if found satisfactory, shall

adopt and approve them by resolution, and declare such work of

improvement necessary to be done. The resolution shall:

1. Contain the time and place that the governing body will hold

a hearing on the proposed improvement; and

2. Direct the municipal clerk to give notice as required in

Section 36-205 of this title.

The resolution shall further provide that:

1. Any person, firm, corporation, administrator or guardian

holding title to the lands liable to assessment may file, within

fifteen (15) days after the last publication of notice, with the

clerk a protest in writing against the improvement of the street,

avenue, lane, alley or public place, or part thereof; and

2. The municipality may proceed to cause the improvements to be

made, contract therefor and levy assessments for the payment

thereof, if the record owners of more than one-half, in area, of the

land liable to be assessed do not file their written protest as

provided in this section.
Okla. Stat. tit. 11, § 11-13-106 — OK Code / Title 11 / Section 11-13-106
Notice of charter election
Status: in_force

Within twenty (20) days after receipt of the proposed charter

from the board of freeholders, the governing body shall publish the

proposed charter and an announcement of the date for the charter

election in a newspaper of general circulation within the

municipality once per week for three (3) consecutive weeks. The

date for the charter election shall not be less than twenty (20)

days nor more than thirty (30) days after the last publication.
Okla. Stat. tit. 11, § 11-2-105 — OK Code / Title 11 / Section 11-2-105
Division into wards - Number of wards
Status: in_force

Persons intending to apply for incorporation of a municipality

shall divide the proposed municipality into the following number of

wards, having due regard to the equitable apportionment of the

population and the convenience and contiguity of the wards:

1. A town shall be divided into three (3) or five (5) wards.

2. A city to be operated under the statutory aldermanic form of

government shall be divided into at least four (4) wards. A city to

be operated under the statutory council-manager or statutory strong-

mayor-council form shall be divided into four (4) or six (6) wards.
Okla. Stat. tit. 11, § 11-2-104 — OK Code / Title 11 / Section 11-2-104
Restrictions on territory included in proposed
Status: in_force

municipality or plat.

A. Except as otherwise provided by subsections B and C of this

section, no territory within five (5) miles of the corporate limits

of a municipality having a population of more than two hundred

thousand (200,000), and no territory within three (3) miles of the

corporate limits of any municipality having a population less than

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

census, shall be included in the survey and plat provided in Section

2-103 of this title or incorporated as a new municipality.

B. Territory within five (5) miles of the corporate limits of a

municipality having a population of more than two hundred thousand

(200,000) may incorporate as a new municipality if it can be proved

Oklahoma Statutes - Title 11. Cities and Towns Page 28

to the board of county commissioners by documentation that the

territory has historically been identified as a community of people

residing in compact form. Such territory shall be included in the

survey and plat provided in Section 2-103 of this title or

incorporated as a new municipality.

C. Territory within three (3) miles of the corporate limits of

a municipality having a population of less than two hundred thousand

(200,000) may incorporate as a new municipality if it can be proved

to the board of county commissioners by documentation that the

territory has historically been identified as a community of people

residing in compact form. Such territory shall be included in the

survey and plat provided in Section 2-103 of this title or

incorporated as a new municipality.

D. Upon application of any person or municipality affected, the

district court in the county where such territory is located may

afford appropriate relief for any violation of this section. Urban

areas annexed by a municipality which are completely nonadjacent to

the corporate limits of the municipality are not considered as

within the corporate limits of that municipality for the purposes of

this section.
Okla. Stat. tit. 11, § 11-40-107 — OK Code / Title 11 / Section 11-40-107
Application of Title 60, Section 178.4
Status: in_force

The provisions of Section 178.4 of Title 60 of the Oklahoma

Statutes regarding retail outlets and residential enterprises and

functions shall not apply to any redevelopment trust operating

pursuant to a duly adopted redevelopment plan.
Okla. Stat. tit. 11, § 11-33-205 — OK Code / Title 11 / Section 11-33-205
Establishment of fish and game commission - Appointment
Status: in_force

- Powers.

The governing body of any municipality having a municipally-

owned lake or lakes may provide by ordinance for the creation of a

municipal Fish and Game Commission, and establish the number of

members, their terms, and manner of appointment. The municipal Fish

and Game Commission shall exercise control and supervision over the

hunting and fishing privileges on and around such lake or lakes and

the improvement of such lake or lakes for hunting and fishing. The

Commission shall fix the fees to be charged for hunting and fishing,

and have such other power and authority as may be provided by the

ordinances of the municipality.
Okla. Stat. tit. 11, § 11-27-125 — OK Code / Title 11 / Section 11-27-125
Contempt of court
Status: in_force

The judge of each municipal court shall have power to enforce

due obedience to orders, rules and judgments made by him and may

fine or imprison for contempt offered to the judge while holding his

court or to process issued by him in the same manner and to the same

extent as the district courts of Oklahoma.
Okla. Stat. tit. 11, § 11-29-155 — OK Code / Title 11 / Section 11-29-155
Votes required for adoption
Status: in_force

If the certified election results show that a sixty percent

(60%) majority of all the votes cast are "Public Safety Protection

District – Yes", the governing body of the municipality shall, by

adoption of an ordinance or resolution or both an ordinance and

resolution, declare the public safety protection district

established. Any ordinances or resolutions establishing a public

safety protection district shall be filed in the office of the

county clerk in the county.
Okla. Stat. tit. 11, § 11-37-217 — OK Code / Title 11 / Section 11-37-217
Advertisement and notice for proposals - Filing date
Status: in_force

for suits and actions.

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

shall set forth:

1. The boundaries of the area to be improved, referring to the

assessment plat on file;

2. The kind of improvements proposed;

3. What bonds will be required to be executed by the

contractor, as specified in the resolution ordering the improvement;

4. A reference to the plans and specifications;

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

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

proposals.

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

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

newspaper, which is of general circulation in the municipality.

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

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

estimates of the engineer, shall be commenced later than fifteen

(15) days after the first publication of the notice for proposals.
Okla. Stat. tit. 11, § 11-22-128 — OK Code / Title 11 / Section 11-22-128
Authority for public improvements - Borrowing money -
Status: in_force

Bond issues.

The governing body of any municipality may provide for making

any and all improvements of a general nature in the municipality and

may from time to time borrow money and issue bonds for the purpose

of paying for such improvements. No such money shall be borrowed or

bonds issued until the governing body is instructed to do so by a

vote of at least three-fifths of the registered voters voting on the

question at any election held in the municipality, unless otherwise

provided by the Constitution and laws of Oklahoma. If the purpose

of the bonds includes paying for conservation easements, the

question voted on by the voters of the municipality issuing such

bonds shall reflect such purpose, but need not specify the legal

description or location of the property to be affected by such

easements, unless such legal description or location is known prior

to the election. Any conservation easements executed pursuant to

this section shall not restrict or prohibit any existing

recreational uses permitted by the landowner, including, but not

limited to, hunting and fishing. A conservation easement shall not

be executed in any location that will restrict or in any way modify

an existing use, easement, or zoning ordinance that relates to

military installations of this state and/or to any zoning ordinances

adopted pursuant to Section 43-101.1 of this title. If a

municipality fails to negotiate a purchase of a conservation

easement from a landowner, the use of eminent domain by a

municipality shall be prohibited to secure such easement. Bonds

issued under this section shall be payable not more than twenty-five

(25) years from the date of their issue, with interest thereon at a

Oklahoma Statutes - Title 11. Cities and Towns Page 185

rate not exceeding a maximum rate established by law. The governing

body shall provide for taxes to pay the bonds at their maturity, and

their interest coupons as they respectively become due.
Okla. Stat. tit. 11, § 11-11-102 — OK Code / Title 11 / Section 11-11-102
Governing body
Status: in_force

The governing body of a statutory strong-mayor-council city

shall consist of the mayor, who is elected at large, and one (1)

Oklahoma Statutes - Title 11. Cities and Towns Page 59

councilmember from each ward of the city. The mayor shall serve as

ex officio councilmember at large.
Okla. Stat. tit. 11, § 11-27-127 — OK Code / Title 11 / Section 11-27-127
Prosecution for same offense in another court
Status: in_force

prohibited.

When a defendant has been in jeopardy for the same or any lesser

included offense in a municipal court or district court, he shall

not be prosecuted in another court for the same or a lesser included

offense.
Okla. Stat. tit. 11, § 11-16-112 — OK Code / Title 11 / Section 11-16-112
Special elections - Questions which may be submitted
Status: in_force

When the municipal governing body shall deem it advisable, it

may, by resolution or ordinance, authorize the mayor to call a

special election on a date established in Section 3-101 of Title 26

of the Oklahoma Statutes for the purpose of submitting to the

registered voters of the municipality the question of issuing

municipal bonds, of granting any franchise, or for any other purpose

authorized by law.
Okla. Stat. tit. 11, § 11-12-109 — OK Code / Title 11 / Section 11-12-109
Town clerk - Creation and duties - Compensation
Status: in_force

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

shall:

1. keep the journal of the proceedings of the board of

trustees; and

2. enroll all ordinances and resolutions passed by the board of

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

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

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

seal; and

4. attest and affix the seal of the town 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 town clerk may be employed by the town to

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

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

ordinance.
Okla. Stat. tit. 11, § 11-28-102a — OK Code / Title 11 / Section 11-28-102a
Fines for violations relating to prostitution -
Status: in_force

Percentage forwarded to city - county health department.

In municipalities that have a population of more than two

hundred thousand (200,000), that have a municipal court of record,

and that are located within a county having a population greater

than four hundred thousand (400,000), One Hundred Dollars ($100.00)

of each fine collected for violations of municipal ordinances

relating to prostitution shall be forwarded by the city clerk or

other appropriate finance official to the city-county health

department serving the county.Oklahoma Statutes - Title 11. Cities and Towns Page 10
Okla. Stat. tit. 11, § 11-29-105 — OK Code / Title 11 / Section 11-29-105
Municipalities and fire protection districts -
Status: in_force

Contracts.

A municipality may:

1. Provide protection from fire for all persons and property

within its boundaries;

2. Contract to give or receive such protection to or from one

or more municipalities or private organizations;

3. Provide fire protection jointly with one or more

municipalities or private organizations;

4. Contribute toward the support of any fire department in

return for fire protection service;

5. Create fire protection districts within the limits of the

municipality encompassing areas served by fire protection services;

or

6. Provide fire protection for persons and property outside its

corporate limits provided that said fire protection has been

authorized by the governing body of the municipality.
Okla. Stat. tit. 11, § 11-21-102 — OK Code / Title 11 / Section 11-21-102
Annexation of territory separated by railway,
Status: in_force

intervening strip or highway right-of-way.

Where any territory to be annexed is separated from the

corporate limits of the municipality only by a railway right-of-way,

an intervening strip less than four (4) rods wide, or a highway

right-of-way, the territory shall be considered adjacent or

contiguous to the municipality.
Okla. Stat. tit. 11, § 11-38-118 — OK Code / Title 11 / Section 11-38-118
Personal interest of public officials or employees in
Status: in_force

project or property.

No public official or employee of a municipality (or Board or

Commission thereof), and no Commissioner or employee of an Urban

Renewal Authority which has been vested by a municipality with urban

Oklahoma Statutes - Title 11. Cities and Towns Page 424

renewal project powers under this article, shall voluntarily acquire

any personal interest, direct or indirect, in any urban renewal

project, or in any property that is to be acquired or developed with

public finance assistance and that is included or planned to be

included in any urban renewal project of such municipality or in any

contract or proposed contract in connection with such urban renewal

project. Where such acquisition is not voluntary, the interest

acquired shall be immediately disclosed in writing to the municipal

governing body. If such official, Commissioner or employee

presently owns or controls, or owned or controlled within the

preceding two (2) years, any interest, direct or indirect, in any

property which he knows is included or planned to be included in an

urban renewal project, he shall immediately disclose this fact in

writing to the municipal governing body, and any such officials,

Commissioner or employee shall not participate in any action by the

municipality (or Board or Commission thereof), or Urban Renewal

Authority affecting such property. This section shall not preclude

acquisition of a residence, acquisition of any property after

issuance of a certificate of completion, or agreement to redevelop

in accordance with the objectives of such urban renewal project,

provided such official, Commissioner, or employee discloses any

actual or prospective interest and does not participate in any

official action approving such agreement. The disclosure required

to be made by this section to the municipal governing body shall

concurrently be made to the Urban Renewal Authority which has been

vested with urban renewal project powers by the municipality

pursuant to the provisions of this article. No Commissioner or

other officer of any Urban Renewal Authority, Board or Commission

exercising the powers pursuant to this article shall hold any other

public office under the municipality other than his commissionership

or office with respect to such Urban Renewal Authority.
Okla. Stat. tit. 11, § 11-47-107 — OK Code / Title 11 / Section 11-47-107
Purposes of the plan
Status: in_force

In preparation of the plan, the commission shall make careful

and comprehensive surveys and studies of present conditions and

future growth of the municipality and with due regard to its

relation to neighboring territory. The plan shall be made with the

general purpose of guiding and accomplishing a coordinated,

adjusted, and harmonious development of the municipality and its

environs which will best promote, in accordance with present and

future needs, health, safety, morals, order, convenience, prosperity

and general welfare, as well as efficiency and economy in the

process of development; including, among other things, adequate

provision for traffic, the promotion of safety from fire and other

dangers, adequate provision for light and air, the promotion of

healthful and convenient distribution of population, the promotion

of good civic design and arrangement, and wise and efficient

expenditure of public funds.
Okla. Stat. tit. 11, § 11-36-311 — OK Code / Title 11 / Section 11-36-311
Notice to bondholders - Holder may accept street
Status: in_force

improvement refunding bonds.

At least sixty (60) days prior to the expiration of the three-

year limitation on actions by bondholders, the municipal clerk shall

notify the holders of all outstanding street improvement bonds that

the same are about to be barred by the statute of limitations by:

1. Mailing a notice to the holder of each bond at his last

known address, as shown by the records of the clerk; and

Oklahoma Statutes - Title 11. Cities and Towns Page 345

2. Publishing the notice in some newspaper of general

circulation in the municipality in which the street improvement

district is located. If there is no newspaper published in the

municipality, then the publication shall be made in some newspaper

published in the county, and by publication of the notice in at

least one nationally recognized financial journal.

The notice to bondholders shall be substantially in the following

form:

NOTICE TO ALL HOLDERS OF STREET IMPROVEMENT BONDS OF

DISTRICT NO.______ (or, if appropriate, insert the

ordinance or serial no.) OF THE _____ (City or Town) OF _________,

OKLAHOMA:

You are hereby notified that on the _____ day of _____,

19__, the above bonds and rights thereunder will be barred by the

Statute of Limitation, as provided in Section 36-310 of Title 11 of

the Oklahoma Statutes. You will govern yourselves accordingly.

___________

CLERK OF THE ______ (City or Town) of _______, OKLAHOMA.

Failure of the clerk to give notice provided herein shall not impair

any of the provisions of Sections 36-309 through 36-312 of this

title.
Okla. Stat. tit. 11, § 11-49-141 — OK Code / Title 11 / Section 11-49-141
Participation in independent insurance or other
Status: in_force

benefits.

Any such person shall be entitled to participate in any

independent insurance or other benefits offered by such

municipality, or its fire department or members thereof, to the same

effect as though he were in the actual service of such fire

department.
Okla. Stat. tit. 11, § 11-28-126 — OK Code / Title 11 / Section 11-28-126
Fines and costs - Disposition
Status: in_force

Any and all fines and costs collected, and all bonds and

recognizances forfeited shall be paid into the treasury of the city.

The court shall cause any furniture or equipment or other personal

property which the court finds to have been actually used or

intended to be used in violation of ordinances of the city to be

delivered to the chief of police; provided that any of the furniture

or equipment susceptible of legitimate use may be sold and the

proceeds thereof shall be paid into the treasury of the city.
Okla. Stat. tit. 11, § 11-36-220 — OK Code / Title 11 / Section 11-36-220
Notice of maturity of installments
Status: in_force

A. The municipal clerk shall, not less than thirty (30) days

and not more than forty (40) days before the maturity of any

installment of an assessment, publish in two (2) successive issues

of a daily newspaper, or in one (1) issue of a weekly newspaper,

Oklahoma Statutes - Title 11. Cities and Towns Page 336

which is of general circulation in the municipality, a notice which:

1. Advises the owners of the land affected by the assessment of the

date when the installment and interest will be due;

2. Designates the street, streets, or other public places for

the improvement of which the assessments have been levied; and

3. States that unless the installment and interest shall be

promptly paid, the installment and interest shall bear interest at

the rate of twelve percent (12%) per annum thereafter until paid,

and that proceedings will be taken according to law to collect the

installment and interest.

B. In addition to publication of the notice of maturity of

installments, the municipality may also notify each owner of land

affected by the assessment at his address as shown on the Assessment

Record by mailing a postal card directly to the owner reciting the

facts contained in the published notice, or by mailing to the owner

a copy of the newspaper publication.
Okla. Stat. tit. 11, § 11-11-107 — OK Code / Title 11 / Section 11-11-107
Mayor - Additional offices or duties
Status: in_force

The mayor may appoint himself, or the council or other authority

may elect or appoint him, to other offices and positions in the city

government, subject to regulations as the council may prescribe; but

he may not receive compensation for service in such other offices

and positions. The council may provide that the mayor shall hold ex

officio designated administrative offices subordinate to the mayor

as well as other designated compatible city offices.
Okla. Stat. tit. 11, § 11-29-202 — OK Code / Title 11 / Section 11-29-202
Definitions
Status: in_force

As used in Sections 29-201 through 29-205 of this title:

1. “Volunteer firefighter” means a person who is enrolled as a

member of a fire department and who serves in such capacity without

receiving a regular salary. A person who is a salaried public

safety employee of a municipality shall not serve as a volunteer

firefighter of a volunteer fire department unless the person is off

duty and such service is not a condition of employment. A public

safety employee is a person employed to serve as a salaried

firefighter, police or other law enforcement officer or emergency

medical technician;

2. “Volunteer fire department” means a fire department which

has in its employ not more than two full-time salaried firefighters;

and

3. “Municipality” means a municipality which has qualified to

participate in the Oklahoma Firefighters Pension and Retirement

System.

Oklahoma Statutes - Title 11. Cities and Towns Page 276
Okla. Stat. tit. 11, § 11-17-105 — OK Code / Title 11 / Section 11-17-105
Annual financial statement audit or agreed-upon-
Status: in_force

procedures engagement.

A. The governing body of each municipality with Fifty Thousand

Dollars ($50,000.00) or more in total revenue to all funds,

including component units of which the municipality is a

beneficiary, during a fiscal year shall cause to be prepared, by an

independent licensed public accountant or a certified public

accountant, an annual financial statement audit to be conducted in

accordance with auditing standards generally accepted in the United

States of America and Government Auditing Standards as issued by the

Comptroller General of the United States. Such audit shall be

ordered within thirty (30) days of the close of each fiscal year.

Copies shall be filed with the State Auditor and Inspector within

six (6) months after the close of the fiscal year in accordance with

the provisions of the Municipal Audit Reform Act of 2022 and with

the governing body of the municipality.

B. The governing body of each municipality with Fifty Thousand

Dollars ($50,000.00) or more in total revenue to all funds,

including component units of which the municipality is a

beneficiary, and with a population of less than two thousand five

hundred (2,500) as of the most recent Federal Decennial Census, and

for whom an annual financial statement audit is not required by

another law, regulation or contract, shall cause to be prepared, by

an independent licensed public accountant or a certified public

accountant, a biennial financial statement audit in accordance with

auditing standards generally accepted in the United States and

Government Auditing Standards as issued by the Comptroller General

of the United States. Each biennial audit shall cover the two (2)

preceding years.

The governing body of each municipality may alternatively

request a biennial agreed-upon-procedures engagement. Agreed-upon

procedures required under the Municipal Audit Reform Act of 2022

shall be performed in accordance with the applicable attestation

standards of the American Institute of Certified Public Accountants.

The audit or agreed-upon-procedures engagement shall be ordered

within thirty (30) days of the close of the fiscal year that the

audit is due. Copies shall be filed with the State Auditor and

Inspector within nine (9) months after the close of the fiscal year

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

Section 212A of Title 74 of the Oklahoma Statutes and with the

governing body of the municipality, with the deadline to order and

file the audit or agreed-upon procedures eligible for extension by

Oklahoma Statutes - Title 11. Cities and Towns Page 111

the State Auditor and Inspector for special circumstances or

emergencies.

C. The municipal income requirements in subsections A and B of

this section shall not include any grant monies provided to a

municipality from any federal, state, or other governmental entity.

The municipal income requirements shall not include income of any

public trust established under Sections 176 through 180.4 of Title

60 of the Oklahoma Statutes with a municipality as the beneficiary

of the trust; provided, income from trusts established principally

for the purpose of operating electric, water, wastewater, and

sanitation utilities shall be included for purposes of the municipal

income requirements.

D. The governing body of each municipality that requests the

biennial agreed-upon-procedures engagement provided in subsection B

of this section shall:

1. Determine the establishment of policies related to

adjustments, write-downs, or write-offs for various receivables due

to the municipality or the utility-related trust and select a sample

of adjustments to test for adherence to policies and for appropriate

supporting documentation;

2. Obtain two (2) months of bank statements of the general fund

and utility fund and confirm that cash deposits were made in the

appropriate accounts and verify utility billing receipts or posting

reports agree with the daily deposits;

3. Agree upon a pay rate for the city manager or town

administrator, city or town clerk, city or town treasurer, and

payroll clerk, to be authorized and documented in the personnel file

or in approved meeting minutes. If any employee received

compensation over and above his or her authorized salary or hourly

rate, the payroll clerk, upon request, shall provide appropriate

documentation of authorization for such pay. The requirements of

this paragraph shall not include expense reimbursements but shall

include any allowances considered taxable;

4. Determine the establishment of policies of use, proper

municipal purpose, and adherence to prescribed policies for entities

that use debit or credit cards;

5. Select a sample of transactions to test for supporting

documentation;

6. Prepare a cash basis schedule of changes in fund balances

for each fund and determine compliance with the statutory

prohibition of creating fund balance deficits;

7. Agree material fiscal year-end bank account balances to bank

statements and trace significant reconciling items to subsequent

clearance and determine if any bank accounts exist that are not

under city council purview;

8. Compare uninsured deposits at fiscal year-end to the fair

value of pledged collateral;

Oklahoma Statutes - Title 11. Cities and Towns Page 112

9. Inquire if any instances of known fraud, illegal acts, or

noncompliance with laws and regulations have occurred; and

10. Compare the use of material-restricted revenues and

resources to the restrictions of the governing body of the

municipality.

E. A public trust with a municipal government or governments as

the beneficiary that meet the same financial requirements

established in subsection B of this section may, as an alternative

to obtaining an audit as required in Section 180.1 of Title 60 of

the Oklahoma Statutes, follow the biennial agreed-upon-procedures

engagement outlined in subsection D of this section.
Okla. Stat. tit. 11, § 11-51-101 — OK Code / Title 11 / Section 11-51-101
Public policy of fire and police arbitration law
Status: in_force

A. The protection of the public health, safety and welfare

demands that the permanent members of any paid fire department or

police department in any municipality not be accorded the right to

strike or engage in any work stoppage or slowdown. This necessary

prohibition does not, however, require the denial to such employees

of other well-recognized rights of labor such as the right to

organize, to be represented by a collective bargaining

representative of their choice and the right to bargain collectively

concerning wages, hours and other terms and conditions of

employment; and such employees shall also have the right to refrain

from any and all such activities.

Oklahoma Statutes - Title 11. Cities and Towns Page 688

B. It is declared to be the public policy of this state to

accord to the permanent members of any paid fire department or

police department in any municipality all of the rights of labor,

other than the right to strike or to engage in any work stoppage or

slowdown. Nothing in this article shall constitute a grant of the

right to strike to fire fighters or police officers of any

municipality and such strikes are hereby prohibited.

Notwithstanding the provisions of any other law, any person holding

such a position who, by concerted action with others and without the

lawful approval of his superior, willfully absents himself from his

position or abstains in whole or in part from the full, faithful and

proper performance of his duties for the purpose of inducing,

influencing or coercing a change in the conditions or compensation,

or the rights, privileges or obligations of employment shall be

deemed to be on strike but the person, upon request, shall be

entitled to a determination as to whether he did violate the

provisions of this article. The request shall be filed in writing

with the officer or body having the power to remove or discipline

such employee within ten (10) days after regular compensation of

such employee has ceased or other discipline has been imposed. In

the event of such request, the officer or body shall within ten (10)

days after the receipt of such request commence a proceeding for the

determination of whether the provisions of this article have been

violated by the public employee, in accordance with the law and

regulations appropriate to a proceeding to remove the public

employee. The proceedings shall be undertaken without unnecessary

delay. The decision of the proceeding shall be made within ten (10)

days following the conclusion of said hearing. If the employee

involved is held to have violated this article and his employment

terminated or other discipline imposed, he shall have the right of

review to the district court having jurisdiction of the parties,

within thirty (30) days from such decision, for determination

whether such decision is supported by competent, material and

substantial evidence on the whole record. To provide for the

exercise of these rights, a method of arbitration of disputes is

hereby established.

C. It is declared to be the public policy of the State of

Oklahoma that no person shall be discharged from or denied

employment as a member of any paid fire department or police

department in any municipality of this state by reason of membership

or nonmembership in, or the payment or nonpayment of any dues, fees

or other charges to, an organization of such members for collective

bargaining purposes as herein contemplated.

D. The establishment of this method of arbitration shall not,

however, in any way whatever, be deemed to be a recognition by the

state of compulsory arbitration as a superior method of settling

labor disputes between employees who possess the right to strike and

Oklahoma Statutes - Title 11. Cities and Towns Page 689

their employers, but rather shall be deemed to be a recognition

solely of the necessity to provide some alternative procedure for

settling disputes where employees must, as a matter of public

policy, be denied the usual right to strike.
Okla. Stat. tit. 11, § 11-21-204 — OK Code / Title 11 / Section 11-21-204
New boundaries of the municipality
Status: in_force

All portions of land within the original boundaries of the

municipality shall continue to be within its limits and subject to

its governmental authority. The governing body may, in the interest

of the public or the owners of such land, detach any territory

embraced within its original limits in the manner provided by law

for the detachment of municipal territory.
Okla. Stat. tit. 11, § 11-28-114 — OK Code / Title 11 / Section 11-28-114
Procedures upon arrest
Status: in_force

A. Except as otherwise provided in this section, if a resident

of a municipality served by a municipal court is arrested by a law

enforcement officer for the violation of any ordinance for which

Section 28-114.1 of this title does not apply, or is arrested for

violation of a nontraffic ordinance, the officer shall immediately

release said person if the person acknowledges receipt of a citation

by signing it. Provided, however, the arresting officer need not

release said person if it reasonably appears to the officer that the

person may cause injury to self or others or damage to property if

released, that the person will not appear in response to the

citation, or the person is arrested for an offense against a person

or property. If said person fails to appear in response to the

citation, a warrant shall be issued for the person’s arrest and the

person’s appearance shall be compelled.

If the arrested resident is not released by being permitted to

sign a citation as provided for in this subsection, the resident

shall be admitted to bail either before or after arraignment, or

shall be released on personal recognizance. A municipality may

prescribe a fine for up to the maximum amount authorized by courts

not of record for failure of a person to have a valid driver license

when charged with a traffic violation.

B. If a nonresident of a municipality served by a municipal

court is arrested by a law enforcement officer for a violation of

any ordinance for which Section 28-114.1 of this title does not

apply, the defendant shall be eligible to be admitted to bail either

before or after arraignment.

C. The amount and conditions of bail granted pursuant to the

provisions of subsections A and B of this section shall be

determined by the judge, within the limitation prescribed by this

section, who shall prescribe rules for the receipt of bail and for

the release on personal recognizance. In the event of arrests at

night, emergencies, or when the judge is not available, a court

official, the chief of police or the chief’s designated

representative may be authorized by the judge, subject to such

conditions as shall be prescribed by the judge, to accept a

temporary cash bond in a sufficient amount to secure the appearance

of the accused. Except as provided in this subsection, cash bond

shall not exceed the maximum fine provided for by ordinance for each

offense charged. The court official, chief of police or the chief’s

designated representative is authorized, subject to such conditions

as shall be prescribed by the judge or by law, to release a resident

of the municipality on personal recognizance. Provided, however,

that a person arrested in a municipality for violations of municipal

Oklahoma Statutes - Title 11. Cities and Towns Page 262

ordinances relating to prostitution, including but not limited to

engaging in prostitution or soliciting or procuring prostitution,

shall not be released on personal recognizance.
Okla. Stat. tit. 11, § 11-56-110 — OK Code / Title 11 / Section 11-56-110
Enforcement
Status: in_force

The Municipal Campaign Finance and Financial Disclosure Act

shall be enforced by the Ethics Commission in the same manner as

Rules of the Ethics Commission promulgated pursuant to Section 3 of

Article XXIX of the Oklahoma Constitution are enforced including,

but not limited to, acceptance of complaints, civil prosecutions,

settlement agreements, and any other compliance practices or

requirements. Complaints shall be made according to the Rules of

the Ethics Commission promulgated pursuant to Section 3 of Article

XXIX of the Oklahoma Constitution. Upon receipt of complaints of

Oklahoma Statutes - Title 11. Cities and Towns Page 708

late filing, the Ethics Commission shall investigate whether the

allegation or allegations are true and, if so, shall assess a late

filing penalty of One Hundred Dollars ($100.00) per day, not to

exceed a maximum of One Thousand Dollars ($1,000.00) for the filing

of any statement or report. If the Ethics Commission determines the

allegation or allegations are not true, it shall take no further

action. Persons assessed a late filing fee may protest the

assessment subject to provisions of the Administrative Procedures

Act.
Okla. Stat. tit. 11, § 11-37-220 — OK Code / Title 11 / Section 11-37-220
Hearing of objections on assessments - Time of hearing
Status: in_force

- Notice.

When the assessment roll is 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.

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 thirty (30) 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 or property

chargeable with the cost of the improvement by mail to 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. The

notice 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.
Okla. Stat. tit. 11, § 11-19-102 — OK Code / Title 11 / Section 11-19-102
Election on question - Notice
Status: in_force

The question of changing the name of the municipality shall be

submitted to the registered voters of the municipality at a general

or special election to be held in the municipality not less than

Oklahoma Statutes - Title 11. Cities and Towns Page 132

thirty (30) 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 the manner required

for municipal elections.
Okla. Stat. tit. 11, § 11-52-104.1 — OK Code / Title 11 / Section 11-52-104.1
Study to increase efficiency
Status: in_force

The Committee shall study and recommend such requirements and do

all other things as it may deem necessary in the development,

administration and operation of training programs to increase the

efficiency of municipal clerks, treasurers and finance officers.
Okla. Stat. tit. 11, § 11-16-101 — OK Code / Title 11 / Section 11-16-101
Notice of municipal elections
Status: in_force

The governing body of a municipality shall give notice of a

general municipal election or a special election by publishing the

resolution calling for the election. The resolution shall: contain

the facts described in Section 13-102 of Title 26 of the Oklahoma

Statutes.

The resolution shall be published in a newspaper of general

circulation in the municipality at least ten (10) days before the

beginning of the filing period for a general municipal election, or

at least ten (10) days before the date of a special election. If

there is no newspaper of general circulation in the municipality,

the notice shall be given by posting a copy of the resolution in at

least five (5) public places in the municipality.
Okla. Stat. tit. 11, § 11-45-106 — OK Code / Title 11 / Section 11-45-106
Suit to challenge action, decision, ruling or order of
Status: in_force

municipal planning commission – Timing.

Any suit to challenge any action, decision, ruling or order of

the municipal planning commission under provisions of this article

shall be filed with the district court within thirty (30) business

days from the action, decision, ruling or order.

Oklahoma Statutes - Title 11. Cities and Towns Page 495
Okla. Stat. tit. 11, § 11-16-305 — OK Code / Title 11 / Section 11-16-305
Presiding officer - Minutes - Officers - Voting -
Status: in_force

Registration requirements - False affidavits.

A. When a municipality fails to hold a biennial meeting on the

first Tuesday of April in an odd-numbered year, the governing body

shall immediately schedule and give notice of a special town meeting

for the purpose of electing officers. Such notice shall be in

accordance with Section 4 of this act.

B. If the governing body fails or refuses to hold a biennial or

special town meeting for the purpose of electing officers, the board

of county commissioners of the county in which the municipality is

located shall call a town meeting for the purpose of electing

officers. The sheriff, or his deputy, of the county in which the

municipality is located shall attend any town meeting called by the

board of county commissioners, and if the municipal officers fail to

conduct the meeting, shall moderate the meeting.
Okla. Stat. tit. 11, § 11-39-108 — OK Code / Title 11 / Section 11-39-108
Hearings on creation of district - Protests and
Status: in_force

objections.

A. At the hearing of the governing body on the proposed

resolution creating a district, any interested person or owner of

property to be assessed for the improvement may file a written

protest or objection questioning the:

1. Propriety and advisability of constructing the improvement;

2. Estimated cost of the improvement;

3. Manner of paying for the improvement; and

4. Amount to be assessed against the individual tract or parcel

of land.

B. The governing body may recess the hearing from time to time

so that all protestants may be heard.

C. At the hearing, the governing body may:

1. Correct any mistake or irregularity in any proceeding

relating to the improvement;

2. Correct an assessment made against any tract or parcel of

land;

3. In case of any invalidity, reassess the cost of the

improvement against an abutting tract or parcel of land;

Oklahoma Statutes - Title 11. Cities and Towns Page 437

4. Delete any tract or parcel of land, protested by the owner,

from the district; and

5. Recess the hearing from time to time.

D. Within thirty (30) days after the governing body has

concluded the hearing; determined the advisability of constructing

the improvement and the type and character of the improvement; and

created the improvement district, any person who, during the

hearing, filed a written protest with the governing body protesting

the construction of the improvement may commence an action in

district court to correct or set aside the determination of the

governing body. After the lapse of thirty (30) days succeeding the

determination of the governing body, any action attacking the

validity of the proceedings and the amount of benefit to be derived

from the improvement is perpetually barred. Provided, however, if

the owners of fifty percent (50%) or more in area of the tracts or

parcels within the district or a majority of the owners of record of

property in the assessment area protest, in writing, the creation of

the district, the district shall not be created.
Okla. Stat. tit. 11, § 11-49-143 — OK Code / Title 11 / Section 11-49-143
Increase in pension benefits
Status: in_force

Any person receiving benefits from the Oklahoma Firefighters Pension

and Retirement System as of June 30, 1986, shall receive a six

percent (6%) increase in said benefits on July 1, 1986. The

provisions of this section shall not apply to members receiving
Okla. Stat. tit. 11, § 11-37-102 — OK Code / Title 11 / Section 11-37-102
General powers as to waterworks and water supply
Status: in_force

The municipal governing body may purchase, erect, lease, rent,

manage, and maintain any system or part of a system of waterworks

and water supply. It may establish and alter the channels of

watercourses and may establish and regulate wells, cisterns,

aqueducts, and reservoirs of water. The governing body may pass all

ordinances, penal or otherwise, that are necessary and proper for

the full protection, maintenance, management, and control of said

facilities, may make provisions for taxes for these purposes, and

may do all things necessary and proper in its discretion to exercise

the powers authorized by the Constitution and laws of this state and

to further the ability of the municipality to provide water

supplies, services, and facilities.
Okla. Stat. tit. 11, § 11-17-106.1 — OK Code / Title 11 / Section 11-17-106.1
Independent audit reports relating to federal awards
Status: in_force

compliance - Form required.

Independent auditor's reports relating to federal awards

compliance will be in a form consistent with the auditors' reports

in the most recent audit guide for state and local governments

prepared by The American Institute of Certified Public Accountants.

State agencies or other pass-through grantors of federal awards will

not place auditing requirements on a municipality, in addition to

Oklahoma Statutes - Title 11. Cities and Towns Page 113

the required reports and schedules of federal awards expended,

without approval of the State Auditor and Inspector.
Okla. Stat. tit. 11, § 11-37-221 — OK Code / Title 11 / Section 11-37-221
Correction and confirmation of apportionment
Status: in_force

Any owner of real estate proposed to be assessed may, at or

prior to the hearing on the apportionment, file his objections in

writing against the validity of the assessment roll and proposed

assessment, setting forth the nature thereof, and shall have full

opportunity to be heard. The governing body shall make such

adjustments as may be just and proper. Any and all objections to

the amount and validity of the assessments shall be deemed waived

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

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

municipal governing body may review and correct the apportionment

and raise or lower the same as to any lots or tracts of land, as it

shall deem just. The governing body by resolution shall confirm the

apportionment and assessment as so revised and corrected by it. The

determination by the governing body of the existence and extent of

special benefit to each tract or parcel of land in the district is

hereby declared to be legislative in nature, and shall be conclusive

upon the property owners and upon the courts.
Okla. Stat. tit. 11, § 11-40-105.1 — OK Code / Title 11 / Section 11-40-105.1
Proposed program plan - Resolution - Notice and
Status: in_force

hearing - Approval by municipality.

A. Following adoption of the ordinance described in Section 40-

104 of this title, the redevelopment trust named in such ordinance

shall thereafter develop a comprehensive approach to remedy those

blighted conditions which were found to exist within the

redevelopment district. This comprehensive approach shall consist

of one or more program plans designed to address the blighted

conditions within such redevelopment district. Before the adoption

Oklahoma Statutes - Title 11. Cities and Towns Page 449

of a program plan requiring the acquisition of land, the

redevelopment trust shall provide to the city a feasibility study,

which study shall show that the benefits derived from the program

plan will exceed the costs and that the income there from will be

sufficient to pay for the program plan.

B. Prior to the adoption of a program plan, a redevelopment

trust shall adopt a resolution relating to the proposed program

plan, which resolution shall:

1. State that a public hearing will be held to consider the

adoption of a program plan, and fix the date, hour and place of such

public hearing;

2. Describe the geographic boundaries of the area to which such

program plan relates; and

3. State that the program plan, including a summary of any

feasibility study, relocation assistance plan, financial guarantees

of a prospective developer, if applicable, and a description and map

of the area to be redeveloped are available for inspection during

regular office hours in the office of the city clerk.

C. The date fixed for the public hearing shall be not less than

ten (10) days nor more than thirty (30) days following the date of

the adoption of the resolution fixing the date of such hearing. The

resolution shall be published in a newspaper of general circulation

within such city or town as a legal, public notice once each week

for two (2) consecutive weeks, the last publication to be not more

than two (2) weeks preceding the date fixed for public hearing. If

a program plan provides for the use of eminent domain pursuant to

Section 40-115 of this title, then a summary of the program plan

shall be mailed by certified mail to each owner and occupant of land

within the proposed redevelopment district not more than ten (10)

days following the date of the adoption of the resolution. A

statement shall be included in the summary of the program plan that

the program plan is available for inspection and copying during

regular office hours in the office of the city clerk.

D. Following the hearing, the trustees of the redevelopment

trust may, by resolution, adopt the program plan as originally

proposed, or may adopt the program plan with such amendments as

deemed appropriate by the trustees of the redevelopment trust.

Thereafter, any substantial changes to a program plan, as adopted,

shall be subject to public hearing following publication of notice

thereof at least twice in a newspaper of general circulation within

such city or town.

E. After the adoption of a program plan, or any substantial

change to a program plan, the governing body of such municipality,

upon a finding by the planning commission that the program plan, or

any substantial change to the program plan is consistent with the

general comprehensive plan for the development of the city, may

approve the program plan, or any substantial change to the program

Oklahoma Statutes - Title 11. Cities and Towns Page 450

plan, as being consistent with the comprehensive general plan for

the development of the city. Thereafter, a redevelopment trust may

undertake specific redevelopment projects; provided, that:

1. Such projects are undertaken pursuant to a project plan

which clearly sets forth the actions being taken by the

redevelopment trust with regard to a specific parcel or lot;

2. Such projects are undertaken within the period of time

specified in the program plan; and

3. The terms and conditions relating to such projects are

consistent with the terms and conditions of the program plan.
Okla. Stat. tit. 11, § 11-29-303 — OK Code / Title 11 / Section 11-29-303
Duties of volunteer firefighters of combination fire
Status: in_force

department.

Volunteer firefighters of a combination fire department shall:

1. Be required, when notified, to respond to alarms of fire and

other emergencies;

2. Be required to be present at all regular meetings, call

meetings and schools presented for the benefit of the firefighters;

3. Be dropped from a fire department’s rolls if such volunteer

firefighter has two unexcused absences in succession or three

unexcused absences in a period of three (3) months;

4. Notify the chief if such volunteer firefighter is leaving

the municipality for an extended period of time;

5. Be expelled from the rolls if such volunteer firefighter

refuses to attend training classes provided for him or her;

6. Be expelled from the rolls for the following offenses:

a. conduct unbecoming of a firefighter,

b. any act of insubordination,

c. neglect of duty,

d. any violation of rules and regulations governing the

fire department, or

e. conviction of a felony; and

7. Reside in the same county as the combination fire department

he or she is enrolled in or in a county that immediately borders the

county in which the combination fire department is located.
Okla. Stat. tit. 11, § 11-11-104 — OK Code / Title 11 / Section 11-11-104
Election of vice-mayor - Duties
Status: in_force

The council shall elect from among its members a vice-mayor. The

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 he shall serve until his successor

has been elected and qualified. The vice-mayor shall act as mayor

during the absence, disability or suspension of the mayor. During

the absence, disability or suspension of both the mayor and vice-

mayor, the council may elect an acting mayor from among its members

to serve as mayor.
Okla. Stat. tit. 11, § 11-9-108 — OK Code / Title 11 / Section 11-9-108
Powers vested in council - Designated powers
Status: in_force

Except as otherwise provided in this article, all powers of a

statutory aldermanic city, including the determination of matters of

policy, shall be vested in the council. Without limitation of the

foregoing, the council may:

1. Enact municipal legislation subject to such limitations as

may now or hereafter be imposed by the Oklahoma Constitution and

law;

2. 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;

3. Inquire into the conduct of any office, department or agency

of the city, and investigate municipal affairs, or authorize and

provide for such inquiries; and

4. Create, change and abolish offices, departments and agencies

other than those established by law; assign additional functions and

Oklahoma Statutes - Title 11. Cities and Towns Page 50

duties to offices, departments and agencies established by this

article; and define the duties, powers and privileges of all

officers which are not defined by this article.
Okla. Stat. tit. 11, § 11-49-100.5 — OK Code / Title 11 / Section 11-49-100.5
Office facilities - Records - Inspection - Financial
Status: in_force

statement - Audits.

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

City, Oklahoma. Offices shall be assigned to the System by the

Office of Management and Enterprise Services. Upon the failure or

inability of the Office of Management and Enterprise Services to

provide adequate facilities, the State Board is hereby authorized to

contract for necessary office space in suitable quarters.

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

proceedings, which shall be open for inspection at all reasonable

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

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

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

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

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

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

made available to the firefighters and participating municipalities.

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

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

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

with the requirements for financial statement audits in Section 212A

of Title 74 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-16-306 — OK Code / Title 11 / Section 11-16-306
Presiding officer - Rules of order, conduct and decorum
Status: in_force

- Minutes - Ballots - Nomination and election of officials - False

affidavits.

Oklahoma Statutes - Title 11. Cities and Towns Page 103

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

seq. of this title, the mayor shall be the presiding officer of town

meetings, shall decide questions of order and shall make public

declaration of votes taken. Robert's Rules of Order shall govern

all town meetings, except when such rules are inconsistent with

Oklahoma law. The presiding officer may establish other rules of

conduct and decorum for the meetings consistent with the Oklahoma

Town Meeting Act, Section 16-301 et seq. of this title. When the

office of mayor is vacant or if the mayor is unable to attend the

town meeting, one of the members of the governing body shall be

elected by the remaining members of the governing body to preside

over the town meeting.

B. The municipal clerk shall keep the minutes of the meeting.

The minutes shall separately record the number of votes for and

against each candidate and each question and shall record the total

number of votes cast for each position. Paper ballots shall be

preserved in the municipal clerk's office for a period of six (6)

months following the town meeting at which said ballots were cast.

C. Officials elected at town meetings shall be nominated and

elected at large by the registered voters present from nominations

taken from the floor. Prior to accepting any nominations the

presiding officer shall state the number of governing body offices

to be elected for four-year terms and the number of governing body

offices to be elected to fill unexpired terms, if any. There shall

be separate nominations and balloting for each designated term. The

nominee who receives a plurality of the votes cast for the office of

the designated term shall be elected for that designated term. If

more than one office is to be filled for a designated term, the

voters shall vote for the designated number of offices to be filled

and, the nominees receiving the largest pluralities shall be elected

to those offices. All votes shall be taken by secret ballot;

provided that if there is only one candidate for an office, he or

she may be elected by acclamation upon proper motion. In case of a

tie vote, the municipal clerk shall immediately select the electee

or electees by lot as follows: The clerk shall write or print the

names of the tied nominees on similar pieces of paper and place the

papers in a container in view of the persons attending the town

meeting. The clerk shall designate a person, who shall not be one

of the nominees, to draw one name for each office to be filled and

the nominee or nominees whose names are so drawn shall be deemed

elected. All other papers in the container shall then be exposed

for examination. Only a registered voter who has been a registered

voter at an address within the municipality for at least six (6)

months prior to the date of the town meeting at which the elections

are held shall be qualified for nomination for office. To be

eligible for election, any person who is nominated for office must

swear under oath that he or she has been a registered voter at an

Oklahoma Statutes - Title 11. Cities and Towns Page 104

address within the municipality for the last six (6) months. Only

qualified registered voters who are present at the town meeting at

which the elections are held shall be eligible for nomination for

municipal office, provided that a qualified registered voter who is

not present may be nominated if he or she has agreed in writing to

accept the office if elected and has sworn an affidavit that he or

she has been a registered voter at an address within the

municipality for the last six (6) months. Any person who falsely

swears or signs a false affidavit that the person is qualified for

municipal office shall be punished by a fine of not more than One

Thousand Dollars ($1,000.00).
Okla. Stat. tit. 11, § 11-9-107 — OK Code / Title 11 / Section 11-9-107
Election of council president - Duties
Status: in_force

The council shall elect from among its members a president of

the city council. The council president 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 he shall

serve until his successor has been elected and qualified. The

council president shall act as mayor during the absence, disability

or suspension of the mayor. He shall preside at all meetings of the

council in the absence of the mayor and while presiding in the place

of the mayor, he shall have all the powers, rights, privileges and

duties as other members of the council. In the absence of the mayor

and the council president, the council shall elect from among its

members an acting president of the city council to occupy the

position temporarily.
Okla. Stat. tit. 11, § 11-49-110 — OK Code / Title 11 / Section 11-49-110
Certificates of disability - Presumptions – Medical
Status: in_force

evidence and records.

A. No firefighter shall be retired, as provided in Section 49-

109 of this title, or receive any pension from the System, unless

Oklahoma Statutes - Title 11. Cities and Towns Page 564

there shall be filed with the State Board certificates of the

firefighter's disability. Any member of the fire department of any

municipality who is disabled as a result of heart disease, injury to

the respiratory system, infectious disease, or the existence of any

cancer which heart disease, injury to the respiratory system,

infectious disease, or cancer was not revealed by the physical

examination passed by the member upon entry into the department,

shall be presumed to have incurred the heart disease, injury to the

respiratory system, infectious disease, or cancer while performing

the firefighter's duties as a member of such department unless the

contrary is shown by competent evidence. As used in this section,

“infectious disease” means hepatitis, human immunodeficiency virus,

meningitis and tuberculosis. Effective November 10, 1999, the

provisions of this subsection relating to infectious disease shall

apply.

B. Medical treatment based on the presumptions prescribed by

subsection A of this section shall be provided by the municipality

as a job-related illness until a court of competent jurisdiction

determines that the presumption does not apply. If it is

subsequently determined that the illness is not job-related, the

workers' compensation provider shall be reimbursed for expenditures

made for health care services by the medical plan or benefit

provided by the municipality for the employee.

C. If any such member fails to submit evidence of a physical

examination prior to entry into the fire department, there shall be

no presumption the heart disease, injury to the respiratory system,

infectious disease, or cancer was incurred while performing the

firefighter's official duties and it shall be the duty of the State

Board to determine if the heart disease, injury to the respiratory

system, infectious disease, or cancer was incurred while performing

the member's official duties.

D. Whenever a participating municipality on behalf of a member

or a member applies for a disability benefit, the application shall

be accompanied by proof of injury unless otherwise provided and

medical evidence supporting the existence of a disability, certified

by the member's or municipality's physician, that the member is

unable to perform the duties of a firefighter. Should the

application be made by a municipality, the member may submit medical

evidence or reports from the member's physician to the local board.

If both the municipality's physician and the member's physician

certify to the disability, the local board shall act upon the

application.

E. In regards to applications made by either an individual

member or a municipality, should the physicians disagree, or if

there is only one physician statement, the local board shall be

required to have all the medical records concerning the applicant's

disability reviewed by a physician selected by the local board and,

Oklahoma Statutes - Title 11. Cities and Towns Page 565

if required by the reviewing physician, the local board shall have

the member examined. The local board shall act upon all the

physician's statements. Local board physician examinations and

certifications shall be paid by the State Board and shall be limited

to only those conditions upon which the member or the municipality

on behalf of the member is requesting a disability.

F. If the State Board deems appropriate, an independent

physician may be selected by the State Board to review medical

records and examine the member. The physicians selected by the

State Board shall submit a report and recommendation to the State

Board. The local board may request assistance from the State Board

in selecting a physician. Final determination on all disability

applications shall rest solely with the State Board.
Okla. Stat. tit. 11, § 11-20-106 — OK Code / Title 11 / Section 11-20-106
Record of change
Status: in_force

The governing body shall provide for the recording and filing of

changes made in the name, boundaries or number of municipal wards.
Okla. Stat. tit. 11, § 11-49-111 — OK Code / Title 11 / Section 11-49-111
Temporary sickness or disability
Status: in_force

A. Whenever any member of the fire department of any

municipality, on account of sickness or temporary disability, other

than a burn injury, caused or sustained while in the discharge of

the member's duty as such member, is unable to perform the member's

duties, notwithstanding the workers' compensation provisions of

Title 85A of the Oklahoma Statutes related to temporary disability

benefits, the salary shall be paid by the municipality to the member

and shall continue while the member is sick or temporarily disabled

for a period of not more than six (6) months with the municipality

having the option of extending the period for up to an additional

six (6) months, not to exceed a total of twelve (12) months, after

which period the provisions for disability benefits under the

Oklahoma Firefighters Pension and Retirement System shall apply.

The salary received by the member under this subsection while the

member is sick or temporarily disabled for a period specified in

this subsection shall be, or deemed to be, part of the member's

actual paid gross salary under the Oklahoma Firefighters Pension and

Retirement System. Contributions shall be made on actual paid gross

salary paid pursuant to this section.

B. Whenever any member of the fire department of any

municipality, on account of a burn injury, caused or sustained while

in the discharge of the member's duty as such member, is unable to

perform the member's duties, notwithstanding the workers'

compensation provisions of Title 85A of the Oklahoma Statutes

related to temporary disability benefits, the salary shall be paid

by the municipality to the member and shall continue while the

Oklahoma Statutes - Title 11. Cities and Towns Page 566

member is sick or temporarily disabled for a period of not more than

twelve (12) months with the municipality having the option of

extending the period for up to an additional six (6) months, not to

exceed a total of eighteen (18) months, after which the period the

provisions for disability benefits under the Oklahoma Firefighters

Pension and Retirement System shall apply. The salary received by

the member under this subsection while the member is sick or

temporarily disabled for a period specified in this subsection shall

be, or deemed to be, part of the member's actual paid gross salary

under the Oklahoma Firefighters Pension and Retirement System.

Contributions shall be made on actual paid gross salary paid

pursuant to this section.

C. Should a member receiving a salary under this section be

eligible to receive, and should the salary of the member under this

section exceed any temporary disability benefit paid to the member

under the workers' compensation provisions of Title 85A of the

Oklahoma Statutes, the member shall transfer such temporary

disability benefits under the workers' compensation provisions of

Title 85A of the Oklahoma Statutes to the municipality while the

member is sick or temporarily disabled.
Okla. Stat. tit. 11, § 11-38-105 — OK Code / Title 11 / Section 11-38-105
Authorization by resolution of governing body
Status: in_force

A. No Urban Renewal Authority created by this article shall

exercise the authority or powers granted by this article until after

the municipal governing body shall have determined by resolution

that such action is in the public interest and elects to have the

authority or powers exercised by the Urban Renewal Authority if one

exists or is subsequently established.

B. No municipality shall exercise the authority granted by this

article until after the municipal governing body shall have adopted

a resolution finding that:

1. One or more blighted areas exist in its area of operation;

and

2. The rehabilitation, conservation or redevelopment, or a

combination thereof, of the area or areas is necessary in the

interest of the public health, safety, morals and welfare of the

residents of the area.
Okla. Stat. tit. 11, § 11-39-104 — OK Code / Title 11 / Section 11-39-104
Number of streets or areas included - Property assessed
Status: in_force

for improvement.

Any district may include one or more streets or areas which need

not be contiguous and may include two (2) or more types of

improvements. Such improvements may be included in one (1)

proceeding and constructed and financed as one improvement. The

district shall include, for the purpose of assessment, all the

property which the governing body determines is benefited by the

improvement or improvements, including property utilized for public,

governmental, burial, or charitable purposes, except property of any

religious organization used primarily for religious purposes, or of

the United States, or any agency, instrumentality or corporation

thereof, in the absence of consent of Congress. The board of county

commissioners, the governing body of a city, town, school district

or any agency or institution of state government is authorized to

pay the amount assessed against property under its ownership or

control.
Okla. Stat. tit. 11, § 11-44-105 — OK Code / Title 11 / Section 11-44-105
Extent of relief
Status: in_force

A. When exercising the powers provided for in Section 44-104 of

this title, the board of adjustment, in conformity with the

provisionsof the ordinance, may reverse or affirm, in whole or in

part, or modify the order, requirement, decision, or determination

from which appealed and may make such order, requirement, decision,

or determination as ought to be made.

B. The concurring vote of at least three members of the board

of adjustment shall be necessary to reverse any order, requirement,

decision, or determination being appealed from, to decide in favor

of the applicant, or to decide any matter which may properly come

before it pursuant to the zoning ordinance and Section 44-104 of

this title.
Okla. Stat. tit. 11, § 11-45-102 — OK Code / Title 11 / Section 11-45-102
Members of municipal planning commission -
Status: in_force

Compensation.

The municipal planning commission shall consist of not less than

five (5) citizens, all of whom shall reside within the municipality.

The members shall be nominated by the mayor and confirmed by the

governing body of the municipality. Each member shall serve for a

term of three (3) years. When the commission is first appointed,

the terms of one-third (1/3) of the members shall be for three (3)

years, one-third (1/3) for two (2) years, and one-third (1/3) for

one (1) year. Appointments to fill vacancies shall be for the

unexpired term only. The members of the commission shall serve

without pay, except that in cities having a population of more than

two hundred thousand (200,000), the commissioners may receive a per

diem as set by the municipal governing body, not to exceed Twenty-

five Dollars ($25.00) for each meeting attended or One Hundred

Dollars ($100.00) per month.
Okla. Stat. tit. 11, § 11-25-106 — OK Code / Title 11 / Section 11-25-106
Energy-efficiency audits or retrofits
Status: in_force

A municipal energy district authority may make grants to

nonprofit organizations to perform energy-efficiency audits or

retrofits on tax-exempt property.