Okla. Stat. tit. 11, § 11-36-510 — OK Code / Title 11 / Section 11-36-510
Ordinance, resolution or standard agreement for rates,
Status: in_force

fees and other terms.

A. An authority may adopt an ordinance, resolution or standard

agreement that makes available to wireless providers rates, fees and

other terms that comply with this act.

1. Subject to subsections B, C, D and E of this section, in the

absence of an ordinance, resolution or standard agreement that fully

complies with this act and until such a compliant ordinance,

resolution or standard agreement is adopted, if at all, wireless

providers may collocate small wireless facilities on wireless

support structures and utility poles other than electric

distribution poles and may install and operate utility poles under

the requirements of this act.

2. Upon request, an authority shall enter into a pole

attachment agreement with a wireless provider for the collocation of

small wireless facilities on electric distribution poles. The

rates, fees and terms of the pole attachment agreement shall be

reasonable and nondiscriminatory and shall comply with this act. If

the wireless provider and the authority are not able to reach

agreement within ninety (90) days of the request for a pole

attachment agreement, the authority shall make a best-and-final

offer to the wireless provider within fifteen (15) days of the

expiration of the ninety-day period. The best-and-final offer shall

be in the form of a pole attachment agreement that is reasonable and

nondiscriminatory, complies with this act and may be accepted and

signed by the wireless provider. If the authority fails to make

such a best-and-final offer within fifteen (15) days of the

expiration of the ninety-day period, the wireless provider may

collocate small wireless facilities on the authority's electric

distribution poles under the requirements of this act until the

authority makes such a best-and-final offer.

B. Agreements between an authority and a wireless provider for

the deployment of small wireless facilities in the right-of-way

under the terms of this act are public/private agreements.

C. An agreement, ordinance or resolution that does not fully

comply with this act may apply only to small wireless facilities and

utility poles that became operational or were installed before the

effective date of this act. An agreement, ordinance or resolution

that applies to small wireless facilities and utility poles that

became operational or were constructed before the effective date of

this act is invalid and unenforceable beginning on the one-hundred-

eighty-first day after the effective date of this act unless it

fully complies with this act. If an agreement, ordinance or

resolution is invalid in accordance with this subsection, in the

absence of an agreement, ordinance or resolution that fully complies

with this act and until such a compliant agreement or ordinance is

entered or adopted, small wireless facilities and utility poles that

Oklahoma Statutes - Title 11. Cities and Towns Page 366

became operational or were constructed before the effective date of

this act may remain installed and be operated under the requirements

of this act.

D. An agreement, ordinance or resolution that applies to small

wireless facilities and utility poles that become operational on or

after the effective date of this act may not be enforced beginning

on the effective date of this act unless it fully complies with this

act. If an agreement, ordinance or resolution is invalid in

accordance with this subsection, in the absence of an agreement,

ordinance or resolution that fully complies with this act and until

such a compliant agreement, ordinance or resolution is entered or

adopted, small wireless facilities and utility poles may be

installed and operated in the right-of-way or become operational

under the requirements of this act.

E. Notwithstanding the requirements in subsections C and D of

this section, a communications service provider that has executed an

agreement with an authority relating to small wireless facilities

and utility poles prior to the effective date of this act may choose

to continue to be subject to the rates, terms and conditions of that

agreement for up to five (5) years beyond the effective date of this

act.
Okla. Stat. tit. 11, § 11-47-106 — OK Code / Title 11 / Section 11-47-106
General powers and duties
Status: in_force

It shall be the function and duty of the commission to make and

adopt a master plan for the physical development of the

municipality, including any area outside its boundaries which in the

commission's judgment bear relation to the planning of the

municipality. The commission may cooperate with any county planning

commission having planning jurisdiction over such unincorporated

areas in connection with the preparation of that portion of the

master plan covering those areas. The plan, with the accompanying

maps, plats, charts, and descriptive matter shall show the

commission's recommendations for the development of the territory,

including among other things, the general location, character, and

extent of streets, viaducts, subways, bridges, waterways, water

fronts, boulevards, parkways, playgrounds, squares, parks, aviation

fields, and other public ways, grounds and open spaces; the general

location of public buildings and other public property; also the

removal, relocation, widening, narrowing, vacating, abandonment,

change of use or extension of any of the foregoing ways, grounds,

open spaces, buildings, or property; as well as a zoning plan for

the control of the height, area, bulk, location, and use of

buildings and premises. As the work of making the whole master plan

progresses, the commission from time to time may adopt and publish a

part or parts thereof, any such part to cover one or more major

sections or divisions of the municipality, or one or more of the

matters listed above or other functional matters to be included in

the plan. The commission may amend, extend, or add to the plan from

time to time.
Okla. Stat. tit. 11, § 11-21-101 — OK Code / Title 11 / Section 11-21-101
Authority to change municipal limits
Status: in_force

The municipal governing body by ordinance may add to the

municipality territory adjacent or contiguous to its corporate

limits and increase or diminish the corporate limits as the

governing body deems desirable for the benefit of the municipality.
Okla. Stat. tit. 11, § 11-27-104 — OK Code / Title 11 / Section 11-27-104
Judges
Status: in_force

A. The number of judges for each municipal court shall be

determined by the governing body of the municipality where the court

is established. The judge of each municipal court shall be

appointed by the mayor of the municipality where the court is

established, with the consent of the municipal governing body. The

judge of any municipal court shall be licensed to practice law in

this state, except as provided for in subsections B and C of this

section. The judge shall serve for a term of two (2) years, said

term expiring on a date fixed by ordinance, and until his or her

successor is appointed and qualified, unless removed by the vote of

a majority of all members of the governing body for such cause as is

provided for by law for the removal of public officers. Any

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

Nothing in the provisions of this section shall be construed to

prevent the judge from engaging in the practice of law in any other

court during the tenure of office. The judge shall be paid a salary

to be fixed by the municipal governing body and in the same manner

as other municipal officials or employees as determined by the

municipality. A municipal judge in a court not of record is not an

"officer" of the municipality pursuant to paragraph 6 of Section 1-

102 of this title and shall not be considered a state officer for

the purposes of Section 6 of Title 51 of the Oklahoma Statutes. All

municipal judges, including nonlawyer judges, are subject to the

code of judicial conduct and legal ethics.

B. In any municipality with a population of less than seven

thousand five hundred (7,500), the mayor, with the consent of the

governing body of the municipality, may appoint as judge:

1. An attorney licensed to practice law in this state;

2. A suitable person who resides in the county in which the

municipality is located or in an adjacent county; or

3. Beginning July 1, 2026, no person may be newly appointed

pursuant to paragraph 2 of this subsection as a municipal judge. A

municipal judge appointed pursuant to paragraph 2 of this subsection

prior to July 1, 2026, who has completed the requirements in

subsections D and F of this section, may continue to be reappointed.

Oklahoma Statutes - Title 11. Cities and Towns Page 240

C. If the judge of the municipal court is not a licensed

attorney and has not complied with the education requirements

pursuant to subsection E of this section and the education

requirements pursuant to Section 18-101 of Title 47 of the Oklahoma

Statutes, the trial shall be to the court, and the court shall not

impose a fine of more than Fifty Dollars ($50.00), and shall not

order the defendant imprisoned except for the nonpayment of fines or

costs or both.

D. If the judge of the municipal court is not a licensed

attorney but has complied with the education requirements of

subsection F of this section and the education requirements pursuant

to Section 18-101 of Title 47 of the Oklahoma Statutes, the maximum

fine that may be imposed shall be Five Hundred Dollars ($500.00).

E. In order to impose the fine authorized by subsection D of

this section, a nonlawyer judge must, within a period not to exceed

the preceding reporting period in this state for mandatory

continuing legal education, complete courses held for municipal

judges which have been approved by the Oklahoma Bar Association

Mandatory Continuing Legal Education Commission for at least six (6)

hours of continuing education credit. Verification may be made by a

statement of attendance signed by the course registration personnel.

F. 1. Beginning July 1, 2026, any person currently appointed

or serving as a municipal judge shall have completed a certification

program as approved by the Oklahoma Municipal Judges Association.

The certification program shall have a minimum of twelve (12) hours

of continuing legal education approved by the Oklahoma Bar

Association Mandatory Continuing Legal Education Commission to

include laws specific to municipal courts, trial evidentiary

matters, criminal cases eligible for municipal courts, and indigency

hearings.

2. Any person appointed as a municipal judge after July 1,

2026, shall have one (1) year from the date of appointment to

complete the certification program described in paragraph 1 of this

subsection.

G. If a municipal judge has not completed the training required

pursuant to subsection F of this section, the maximum fine that may

be imposed by the municipal court in all traffic and criminal cases

shall not exceed Fifty Dollars ($50.00).

H. A copy of the Oklahoma Municipal Judge certification shall

be filed with the county clerk in the county in which the

municipality is located and with the municipal court clerk.
Okla. Stat. tit. 11, § 11-21-205 — OK Code / Title 11 / Section 11-21-205
Additional powers of governing body in relocating
Status: in_force

municipality.

In relocating a municipality subject to inundation, the

governing body may also:

1. Provide by ordinance for the acquisition of a new site

through the exercise of the right of condemnation in the manner

provided by law for municipalities, or by negotiated purchases or in

any other lawful manner;

2. Provide for the reimbursement of owners of the annexed

property through the issuance of bonds in the manner provided by law

for cities and towns, and hold any necessary bond election together

with the special election on the question of annexation and

relocation, or through the encumbrance of the acquired property or

in any other lawful manner;

3. Provide for the administration of the annexed property,

including, but not limited to, the authority to zone and other

similar and usual powers for regulating use and development of

realty and the power to provide for and regulate the sale of lots

and excess property, if any, and to enact ordinances as will

facilitate the orderly and equitable relocation of the municipality;

and

4. Act in concert with, or deal with, any private person,

agency, nonprofit corporation, governmental body or agency or other

appropriate entity in the accomplishment of these ends.
Okla. Stat. tit. 11, § 11-56-102 — OK Code / Title 11 / Section 11-56-102
Definitions
Status: in_force

A. Definitions of terms used in the Municipal Campaign Finance

and Financial Disclosure Act shall be the same as those terms are

defined in Rules of the Ethics Commission promulgated pursuant to

Section 3 of Article XXIX of the Oklahoma Constitution, unless

otherwise provided herein.

B. As used in the Municipal Campaign Finance and Financial

Disclosure Act:

1. “Campaign committee” means a committee which may be composed

of one or more persons the purpose of which is to support the

election of a specific candidate to municipal office, whose name as

it will appear on the ballot shall appear in the name of the

committee;

2. “Municipal office” means any elective municipal office

established under state or municipal law; and

3. “Municipal political committee” means any committee composed

of one or more persons whose purpose includes the election or defeat

of one or more candidates for municipal office but which is not

required to register with the Federal Election Commission.
Okla. Stat. tit. 11, § 11-5-101 — OK Code / Title 11 / Section 11-5-101
City incorporating as a town - Procedure
Status: in_force

Any city may become an incorporated town. A petition for a city

to become an incorporated town shall be filed with the board of

county commissioners of the county in which the city is located. The

petition shall:

1. Be in writing; and

2. Be signed by at least thirty-five percent (35%) of the

registered voters of the city, as shown by the preceding general

election.

The petition shall clearly express the desire of the petitioners to

become incorporated as a town 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 city. The petition shall include:

1. The name of the city and of the proposed town;

2. The survey and plat of the city;

3. The resident population according to the latest federal

census or other census recognized by the laws of Oklahoma;

4. The description and name of the proposed town wards; and

5. Affidavits verifying the facts alleged in the petition.
Okla. Stat. tit. 11, § 11-17-217 — OK Code / Title 11 / Section 11-17-217
Purpose-based budget - Definitions
Status: in_force

As used for a budget based on purpose:

1. "Appropriation" means an authorization to expend or

encumber income and revenue provided for a purpose;

2. "Budget summary" means a tabular listing of revenues by

source and expenditures by purpose for the budget year;

3. "Estimated revenue" means the amount of revenues estimated

to be received during the budget year;

Oklahoma Statutes - Title 11. Cities and Towns Page 128

4. “Income and revenue provided” means the amount of estimated

or actual income and revenue appropriated by the governing body of

the municipality; and

5. “Purpose” means the specific program, project or activity

for which the governing body provides an appropriation as listed in

the budget.
Okla. Stat. tit. 11, § 11-37-202 — OK Code / Title 11 / Section 11-37-202
Public and district sewers - Public and district water
Status: in_force

distribution lines.

In all municipalities where a system of public waterworks is

maintained and operated, or created, the municipal governing body

shall have power to cause a general sanitary, storm or combination

sewer system to be established, which shall be composed of two

classes of sewers: public and district sewers. The governing body

may also cause a water distribution system and water supply

facilities to be established composed of public and district water

Oklahoma Statutes - Title 11. Cities and Towns Page 380

distribution lines. Such systems may be created separately or in

conjunction with each other.
Okla. Stat. tit. 11, § 11-52-103 — OK Code / Title 11 / Section 11-52-103
Advisory committee created - Membership - Personnel -
Status: in_force

Travel reimbursement.

A. There is hereby created the Advisory Committee to the

municipal clerks and treasurers division of the Oklahoma Department

of Career and Technology Education which shall consist of five (5)

members appointed by the Director of the Oklahoma Department of

Career and Technology Education. The Director shall appoint one

member he deems appropriate; one member from a list of three persons

submitted by the Oklahoma Municipal League; one member from a list

of three persons submitted by the Oklahoma Chapter of the Municipal

Finance Officers Association; one member from a list of three

persons submitted by the Oklahoma Chapter of the Municipal

Treasurers Association; and one member from a list of three persons

submitted by the Oklahoma Municipal Clerks, Treasurers and Finance

Officers Association. Terms of office shall be for three (3) years,

and shall be made in the manner provided in this section. The

nominees submitted for appointment by the organizations herein

enumerated shall be officers or employees of cities and towns.

B. The existing Commission members shall serve to the end of

their terms of office as members of the Advisory Committee.

Thereafter, appointments shall be made as provided for by law. The

Committee shall elect from among its members a chairman and shall

not meet more than six (6) days in any one (1) fiscal year.

C. Personnel employed by the Commission on June 30, 1986, shall

become employees of the Oklahoma Department of Career and Technology

Oklahoma Statutes - Title 11. Cities and Towns Page 702

Education on July 1, 1986, without change in status as to duties and

compensation, including accrual of leave, and eligibility for

longevity payments and other benefits of employment, except as

otherwise provided by law.

D. Members of the Committee shall receive no salary or other

compensation for their services but shall be reimbursed for travel

expense pursuant to the State Travel Reimbursement Act.
Okla. Stat. tit. 11, § 11-10-113 — OK Code / Title 11 / Section 11-10-113
City manager - Duties
Status: in_force

The city manager shall be the chief executive officer and head

of the administrative branch of the city government. He shall

execute the laws and administer the government of the city, and

shall be responsible therefor to the council. He shall:

1. Appoint, and when necessary for the good of the service,

remove, demote, lay off or suspend all heads of administrative

departments and other administrative officers and employees of the

city except as otherwise provided by law. The manager or the

Oklahoma Statutes - Title 11. Cities and Towns Page 56

council by ordinance may authorize the head of a department, office

or agency to appoint and remove the subordinates in such department,

office or agency;

2. Supervise and control all administrative departments,

officers and agencies;

3. Prepare a budget annually and submit it to the council and

be responsible for the administration of the budget after it goes

into effect; and recommend to the council any changes in the budget

which he deems desirable;

4. Submit to the council a report after the end of the fiscal

year on the finances and administrative activities of the city for

the preceding year;

5. Keep the council advised of the financial condition and

future needs of the city, and make recommendations as he deems

desirable; and

6. Perform such other duties as may be prescribed by law or by

ordinance.
Okla. Stat. tit. 11, § 11-39-119 — OK Code / Title 11 / Section 11-39-119
Title to property in trustee
Status: in_force

Upon the acceptance or purchase of the tract or parcel of land

as provided in Sections 39-116 and 39-118 of this title, title to

the tract or parcel of land, subject to the right of redemption as

provided by law, shall vest in the trustee of the fund from which

the bonds are payable.
Okla. Stat. tit. 11, § 11-49-105 — OK Code / Title 11 / Section 11-49-105
Meetings of local board - Record of proceedings -
Status: in_force

Quorum.

The local board shall hold meetings upon the call of its

chairman at such times as the chairman deems necessary. The local

board shall keep a record of its proceedings, which record shall be

public record. A majority of all the regular voting members of the

local board shall constitute a quorum and have power to transact

business.
Okla. Stat. tit. 11, § 11-22-123 — OK Code / Title 11 / Section 11-22-123
Vagrancy
Status: in_force

The municipal governing body may provide by ordinance for the

arrest, fine, and imprisonment of vagrants.
Okla. Stat. tit. 11, § 11-22-140 — OK Code / Title 11 / Section 11-22-140
Short title — Municipal Code Lien Enforcement Act of
Status: in_force

2025.

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

Lien Enforcement Act of 2025".
Okla. Stat. tit. 11, § 11-37-113 — OK Code / Title 11 / Section 11-37-113
Highways crossing reservoir sites - Power to close
Status: in_force

Any municipality having acquired possession by purchase,

condemnation, gift or otherwise, of a reservoir site for a public

water supply may close to travel any section line or public road

leading into or through the reservoir site.
Okla. Stat. tit. 11, § 11-37-119 — OK Code / Title 11 / Section 11-37-119
Contracts for water - Provision for modification of
Status: in_force

rates - Outside users subject to rationing program of municipality.

A. All contracts for the sale or furnishing of water from a

source obtained by or on behalf of a municipality by permit or prior

right under state law or by general obligation bonds shall be made

in the name of the municipality as provided for by statute or by

charter.

B. All such water sold and furnished to persons or public or

private entities outside the corporate limits of the municipality

shall be sold and furnished upon written contracts which shall

provide for an annual review of the municipality's costs and

contract modification of rates to permit rates to be increased or

decreased to the purchasers as appropriate. Any modification shall

be nondiscriminatorily allocated between the municipality's

customers and the purchaser. Provided, however, that only those

Oklahoma Statutes - Title 11. Cities and Towns Page 374

costs that are attributable to maintaining the ability of the

municipality to provide water service to the purchaser shall be

included in purchaser's rates.

The contracts shall provide that the persons or public or

private entities outside the corporate limits of the municipality

shall be subject to a rationing program consistent with any

rationing program ordered by the municipality.
Okla. Stat. tit. 11, § 11-28-116 — OK Code / Title 11 / Section 11-28-116
Jury list and jury boxes
Status: in_force

A. Upon written request of the presiding judge of the municipal

criminal court of record for a stated number of jurors to the

presiding judge of the appropriate district court, it shall be the

duty of the clerk of the district court to draw from the jury wheel

the requested number of jurors in the same manner as is provided by

the law for the district court, and to prepare a list of the names

drawn and certify such list to the judge of the municipal criminal

court of record. Upon receipt of such jury list by the judge of

said court, the same shall be filed in the records of the court and

Oklahoma Statutes - Title 11. Cities and Towns Page 263

the judge or clerk shall thereupon write the name of each person

upon such list upon a separate slip of paper of uniform size and

color and place the same in a box in the same manner as required by

law in the preparation of jury boxes in the district court; except

that the box wherein the names of jurors of the court shall be kept

shall be locked with two (2) keys, one of which shall be retained

and kept by the judge of the municipal court and the other by the

chief of police of the city.

B. The judge of the court shall ascertain if any of the

prospective jurors reside outside the corporate limits of the city

and shall not summon for jury duty any nonresident of the city.
Okla. Stat. tit. 11, § 11-37-234 — OK Code / Title 11 / Section 11-37-234
Limitation on suits to set aside assessments or
Status: in_force

issuance of bonds.

No suit shall 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 such 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

Oklahoma Statutes - Title 11. Cities and Towns Page 395

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 to adopt and publish the

resolution declaring the necessity for the improvement, as provided

in Sections 37-211 and 37-212 of this title, or for the failure to

give notice of the hearing 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 to adopt

and publish the resolution declaring the necessity for the

improvement, as provided in Sections 37-211 and 37-212 of this

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

assessment roll, as provided in Section 37-220 of this title. In the

event 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, § 11-27-111 — OK Code / Title 11 / Section 11-27-111
Bond of clerk and judge - Form
Status: in_force

A. The clerk of each municipal court shall give bond to the

governing body of the municipality where the court is established.

The bond shall be approved by the governing body and shall be in an

amount to be fixed by the governing body. The bond shall be in

substance as follows:

Oklahoma Statutes - Title 11. Cities and Towns Page 243

I, ___________, clerk of the Municipal Court of

___________, State of Oklahoma, and ___________ and ___________, his

sureties, do jointly and severally agree to pay on demand each and

every person who may be entitled thereto, all such sums of money as

the said clerk may become liable to pay, on account of any moneys

which may come into his hands, by virtue of his office.

Dated at ___________, this _____ day of ______, 19__.

_________________________

(Signed)

B. The municipal governing body may provide that the judge, the

alternate judge, and an acting judge, or any of them, shall give a

bond to the governing body of the municipality where the court is

established. If a bond is required, it shall be in an amount to be

fixed by the governing body. It shall be conditioned in the same

manner as the bond that is required of the clerk of the court, and

it shall be approved by the governing body.
Okla. Stat. tit. 11, § 11-50-111.2A — OK Code / Title 11 / Section 11-50-111.2A
Purchase of service credit for time served with
Status: in_force

Department of Defense or military.

A. A member of the System who terminates employment for the

purpose of performing service as a police officer on a contract

basis for the United States Department of Defense or for the State

Department of the United States in a war zone may purchase not to

Oklahoma Statutes - Title 11. Cities and Towns Page 633

exceed one (1) year of service credit for the period of time during

which the member performed services for either of such entities, or

any branch of the United States military or other entity operating

under authority of the Department of Defense or the State

Department, by making payment of all required employer and employee

contributions for the period of service during which the member was

so privately employed.

B. The contributions required by this section shall be paid by

the member within one (1) year of becoming reemployed by a

participating employer of the System.

C. Service credit purchased according to the provisions of this

section shall be counted for purposes of vesting, normal retirement

date, eligibility to participate in the Deferred Option Retirement

Plan and alternative to the Deferred Option Retirement Plan

authorized by Section 50-111.3 of Title 11 of the Oklahoma Statutes

and for purposes of computing the retirement benefit of the member.
Okla. Stat. tit. 11, § 11-20-102 — OK Code / Title 11 / Section 11-20-102
Procedure for proposing ward changes
Status: in_force

A change in the name, boundaries, or number of wards in a

municipality may be proposed at any time by:

1. a resolution of the municipal governing body; or

2. an initiative petition filed with the governing body of the

municipality.

Any change in the number or boundaries of wards shall be made with

due regard to the equitable apportionment of the population and the

convenience and contiguity of the wards.
Okla. Stat. tit. 11, § 11-48-104 — OK Code / Title 11 / Section 11-48-104
Annual appropriations
Status: in_force

Any municipality establishing a retirement fund and system may

appropriate annually such sums as may be deemed necessary or

desirable by the municipal governing body to the retirement fund and

for the sole use of the retirement fund. The sums so appropriated

shall be paid to the fund as other payments are made from municipal

funds.
Okla. Stat. tit. 11, § 11-38-117 — OK Code / Title 11 / Section 11-38-117
Organization of urban redevelopment corporations -
Status: in_force

Powers, duties and obligations.

A. Corporations referred to in this article as urban

redevelopment corporations shall be organized in the following

manner: The articles of agreement or association shall be prepared,

subscribed and acknowledged, and filed in the office of the

Secretary of State pursuant to the general corporation laws of the

state and shall contain: (1) The name of the proposed corporation,

which must have the words "redevelopment corporation" as a part

thereof; (2) The purposes for which it is formed, which shall be to

acquire, construct, maintain and operate a redevelopment project or

redevelopment projects in accordance with the provisions of this

article; (3) The amount of the capital stock, and if any be

preferred stock, the preference thereof; (4) The number of shares of

Oklahoma Statutes - Title 11. Cities and Towns Page 420

which the capital shall consist, all of which shall have a par

value; (5) The municipality in which its principal business office

is to be located; (6) Its duration, which shall not exceed ninety-

nine (99) years; (7) The number of directors, which shall not be

less than three (3), nor more than thirteen (13); (8) The names and

post office addresses of the directors for the first year, at least

one of whom shall be a resident of the State of Oklahoma; (9) The

names and post office addresses of the subscribers to the articles

of association or agreement; (10) A provision that in the event that

income debenture certificates are issued by a corporation, the

owners thereof shall have the same right to vote as they would have

if possessed of certificates of stock of the amount and par value of

the income debenture certificates held by them. The articles may

provide for the retirement of income debenture certificates or

preferred stock of the corporation as and when there shall be funds

available in the treasury of the corporation from the receipt of

amortization of sinking fund installments for that purpose; and (11)

A declaration that the corporation has been organized to serve a

public purpose; that all real estate acquired by it and all

structures erected by it are to be acquired for the purpose of

promoting the public health, safety, and welfare, and that such

corporation is organized for the purpose of clearing, replanning,

reconstructing or rehabilitating blighted areas, and the

construction of such industrial, commercial, residential or public

structure as may be appropriate including provisions for

recreational and other facilities incidental or appurtenant thereto.

B. No corporation now organized under the laws of this state shall

change its name to a name, and no such corporation hereafter

organized shall have a name, containing the word "redevelopment" as

a part thereof except as provided in this article. No foreign

corporation now authorized to do business in this state shall change

its name to a name, and no such corporation shall hereafter be

authorized to do business in the state with a name, containing the

word "redevelopment" as a part thereof.

C. An urban redevelopment corporation may operate under this

article on one or more redevelopment projects and, with respect to

each such project, shall have such rights, powers, duties, and

immunities and obligations, not inconsistent with the provisions of

this article, as may be granted to it by an agreement to operate and

to execute an urban renewal plan or any portion thereof. The

agreement to operate may be entered between the redevelopment

corporation and any municipality or Urban Renewal Authority. The

agreement shall provide, among other things, that the corporation is

to carry out the purposes of the urban renewal plan for the project

area, and to devote such property as it may acquire, to uses

specified in the urban renewal plan and shall contain provisions

deemed to be necessary or desirable to assist in preventing the

Oklahoma Statutes - Title 11. Cities and Towns Page 421

development or spread of future blight or otherwise carry out the

purposes of this article. The agreement shall contain such

requirements as the municipality or Urban Renewal Authority may

determine to be in the public interest, including the obligation to

begin to execute the redevelopment plan within a reasonable time.

The agreement to operate may provide that the redevelopment

corporation is to prepare a renewal plan; however, execution of the

plan shall not proceed until such plan is adopted by the

municipality as required in this article. The agreement may require

the redevelopment corporation to furnish a performance bond for an

amount to be determined by the municipality or the Urban Renewal

Authority whichever the case may be.

D. The provisions of the general corporation law, as presently

in effect and as hereafter from time to time amended, shall apply to

urban redevelopment corporations, except where such provisions are

in conflict with the provisions of this article.

E. In the event that any action with respect to which the

holders of income debentures shall have the right to vote is

proposed to be taken, notice of any meeting at which such action is

proposed to be taken shall be given to such holders in the same

manner and to the same extent as if they were stockholders entitled

to notice of and to vote at such meeting. Any articles filed

pursuant to law in the office of the Secretary of State with respect

to any such action, and any affidavit required by law to be annexed

to such articles shall contain the same statements or recitals. The

articles shall be subscribed and acknowledged, and such affidavit

shall be made, in the same manner as if such debenture holders were

stockholders holding shares of an additional class of stock entitled

to vote on such action, or with respect to the proceedings provided

in such document.

F. An urban redevelopment corporation shall establish and

maintain depreciation, obsolescence, and other reserves, also

surplus and other accounts, including, among others, a reserve for

the payment of taxes according to recognized standard accounting

practices.

G. No urban redevelopment corporation shall pay any interest on

its income debentures or dividends on its stock during any dividend

year unless there shall exist at the time of such payment no default

under any amortization requirements with respect to its

indebtedness, or unless all accrued interest, taxes and other public

charges shall have been duly paid or reserves set up for payment

therefor, and adequate reserves provided for depreciation,

obsolescence and other proper reserves.

H. The real property, title of which is vested in an urban

redevelopment corporation, shall be subject to the payment of

general ad valorem taxes imposed by the state or any political

subdivision thereof.

Oklahoma Statutes - Title 11. Cities and Towns Page 422

I. Notwithstanding any requirement of law to the contrary, or

the absence of direct provision therefor in the instrument under

which a fiduciary is acting, any of the following persons,

partnerships, or corporations, and public bodies or public officers,

owning or holding any real property within any blighted area

proposed to be cleared or redeveloped by an urban redevelopment

corporation, may grant, sell, lease or otherwise transfer any such

real property to an urban redevelopment corporation, and receive and

hold any cash, mortgages, or other securities or obligations

exchanged therefor by such urban redevelopment corporation, and may

execute such instruments and do such acts as may be deemed necessary

or desirable by them or to and by the urban redevelopment

corporation in connection with the execution of any urban renewal

plan: (1) Every executor, administrator, trustee, guardian or any

other person holding trust funds or acting in a fiduciary capacity,

unless the instrument under which such fiduciary is acting expressly

forbids; (2) The state, its subdivisions, municipalities, all other

public bodies, and all public officers; (3) Persons, partnerships

and corporations, organized under or subject to the provisions of

the banking and trust laws (including savings banks, savings and

loan associations, trust companies, private bankers and private

banking corporations); (4) The State Bank Commissioner or the

Commissioner of Securities as conservator, liquidator, or

rehabilitator of any such person, partnership, or corporation.

J. An urban redevelopment corporation may acquire real property

or secure options in its own name or in the name of nominees, or it

may acquire real property by gift, grant, lease, purchase, lease-

purchase, or otherwise.

K. When title to real property has been vested in an urban

redevelopment corporation, the urban redevelopment corporation may

agree with the previous owners of such property, or any tenants

continuing to occupy or use it, or any other persons who may occupy

or use or seek to occupy or use such property, that such former

owner, tenant, or other persons may occupy or use such property upon

the payment periodically of an agreed sum of money. Such occupation

or use shall not be construed as a tenancy from month to month, nor

require the giving of notice by the urban redevelopment corporation

for the termination of such occupation or use of the right to such

occupation or use, but immediately upon the expiration of the term

for which payment has been made the urban redevelopment corporation

shall be entitled to possession of the real property and may

maintain an action for either unlawful detainer or ejectment for the

purpose of recovering immediate possession thereof.

L. An urban redevelopment corporation may borrow funds and

secure the repayment thereof by mortgage which shall contain

reasonable amortization provisions and shall be a lien upon no other

real property except that forming the whole or a part of a single

Oklahoma Statutes - Title 11. Cities and Towns Page 423

development area. Certificates, bonds and notes, or part interest

therein, or any part of an issue thereof, which are secured by a

first mortgage on the real property in an urban renewal area, or any

part thereof, shall be securities in which all the following

persons, partnerships, or corporations and public bodies or public

officers may legally invest the funds within their control: (1)

Every executor, administrator, trustee, guardian, committee or other

person or corporation holding trust funds or acting in a fiduciary

capacity; (2) Persons, partnerships and corporations organized under

or subject to the provisions of the banking law (including savings

banks, savings and loan associations and trust companies); (3) The

State Bank Commissioner or the Commissioner of Securities as

conservator, liquidator, or rehabilitator of any such person,

partnership or corporation; (4) Persons, partnerships, or

corporations organized under or subject to the provisions of the

insurance law; (5) Fraternal benefit societies; and (6) The State

Commissioner of Insurance as conservator, liquidator, or

rehabilitator of any such person, partnership or corporation. Any

mortgage on the real property in an urban renewal area, or any part

thereof, may create a first lien, or a second or other junior lien,

upon such real property.

M. Any urban redevelopment corporation may lease, sell, grant,

dedicate or otherwise dispose of any or all of the real property

acquired by it for the purposes of a redevelopment project. In the

event of the sale by reason of foreclosure or other disposition of

real property of any urban redevelopment corporation by voluntary

transfer or otherwise, or by reason of the foreclosure of any

mortgage or other lien, through insolvency or bankruptcy

proceedings, by order of any court of competent jurisdiction, by

voluntary transfer or otherwise, the purchaser of such real property

of such redevelopment corporation shall continue to use, operate and

maintain such real property in accordance with the provisions of the

urban renewal plan.

N. Any urban redevelopment corporation may accept grants or

loans of money from the Federal Government or any department or

agency thereof.

O. Any corporation organized under the laws of the State of

Oklahoma, or admitted to do business in the State of Oklahoma, shall

have power to purchase shares of stock of an urban redevelopment

corporation organized under the provisions of this article.
Okla. Stat. tit. 11, § 11-36-115 — OK Code / Title 11 / Section 11-36-115
Lighting of state and federal highways in
Status: in_force

unincorporated areas.

Oklahoma Statutes - Title 11. Cities and Towns Page 322

The municipal governing body may contract and pay for the

lighting of state and federal highways in unincorporated areas

adjacent to the municipality.
Okla. Stat. tit. 11, § 11-24-108 — OK Code / Title 11 / Section 11-24-108
Issuance of bonds
Status: in_force

A. Purposes. The Authority may issue bonds in such principal

amounts as the Authority deems necessary to provide sufficient funds

to perform any of its corporate purposes and powers including,

without limitation, the acquisition, construction, or termination of

any project to be owned or leased, as lessor or lessee, by the

Authority or the acquisition of any interest therein or any right to

the products or services thereof, the funding or refunding of the

principal of, redemption premium, if any, and interest on, any bonds

issued by the Authority whether the bonds or interest to be funded

or refunded have or have not become due, the payment of engineering,

legal, and other expenses, together with interest subsequent to the

estimated date of completion of the project for such period of time

as the Board of Directors determines appropriate, the establishment

or increase of reserves to secure or to pay the bonds or interest

thereon, the providing of working capital, and the payment of, and

the establishment or increase of reserves for, all other costs or

expenses of the Authority incident to, and necessary or convenient

to perform, its corporate purposes and powers.

B. Security for Bonds. Every issue of bonds of the Authority

shall be payable out of the revenues or funds of the Authority,

subject to any agreements with the holders of particular bonds

pledging any particular revenues or funds. The Authority may issue

such types of bonds as it may determine to be appropriate, including

bonds as to which the principal and interest are payable exclusively

from the revenues from one or more projects, or from an interest

therein or a right to the products and services thereof, or from one

or more revenue-producing contracts made by the Authority with any

person, or its revenues generally. Any such bonds may be

additionally secured by a pledge or assignment of any revenue-

producing contracts made by the Authority with any person or of any

grant, subsidy, or contribution from any person or a pledge of any

income or revenues, funds, or monies of the Authority from any

source.

Oklahoma Statutes - Title 11. Cities and Towns Page 221

C. Negotiability. All bonds of the Authority shall have all

the qualities of negotiable instruments pursuant to the laws of this

state.

D. Bond Provisions. Bonds of the Authority shall be authorized

by a resolution adopted by a majority of the members of the Board of

Directors then in office and may be issued pursuant to the bond

resolution or pursuant to a trust indenture or other security

agreement, in one or more series, and shall bear such date or dates,

mature at such time or times, bear interest at such rate or rates

which may be fixed or may change at such time or times and in

accordance with such formula or method of determination. The bonds

shall also be in such form, either coupon or registered, carry such

conversion, registration, and exchange privileges, have such rank or

priority, be executed in such manner, be payable in such medium of

payment at such place or places within or without this state, be

subject to such terms of redemption with or without premium, and

contain or be subject to such other terms as the bond resolution,

trust indenture, or other security agreement may provide. The bonds

shall not be restricted by the provisions of any other law limiting

the amounts, maturities, interest rates, or other terms of

obligations of eligible public agencies or private persons. The

bonds shall be sold, in such manner as the Board of Directors shall

determine, at public or private sale. The Board of Directors may

also authorize bonds to be issued and sold from time to time and may

delegate to such officer or agent of the Authority as the Board of

Directors selects the power to determine the time and manner of

sale, public or private, the maturities and rate or rates of

interest which may be fixed or may vary at such time or times and in

accordance with a specified formula or method of determination,

provided that the interest cost of the money received from the sale

of the bonds computed to maturity in accordance with standard bond

tables in general use by banks and insurance companies shall not

exceed the maximum rate of interest provided for in this section.

The bonds shall be subject to such other terms and conditions deemed

appropriate by the officer or agent; provided, however, that the

amounts and maturities of, and the interest rate or rates not

exceeding the maximum rate of interest provided for in this section

on, the bonds shall be within the limits prescribed by the Board of

Directors in its resolution delegating to the officer or agent the

power to authorize the sale and issuance of the bonds.

E. Execution of Bonds. Bonds of the Authority may be issued

and delivered notwithstanding the fact that one or more of the

officers executing them shall have ceased to hold office at the time

the bonds are actually delivered.

F. Temporary Bonds. Pending preparation of definitive bonds,

the Authority may issue temporary bonds which shall be exchanged for

the definitive bonds.

Oklahoma Statutes - Title 11. Cities and Towns Page 222

G. Consents. Bonds of the Authority may be issued pursuant to

the provisions of the Oklahoma Municipal Power Authority Act without

obtaining the consent of any department, division, commission,

board, bureau, or agency of this state and without any other

proceeding, condition, or occurrence except as specifically required

by the provisions of the Oklahoma Municipal Power Authority Act.

H. Official Statement, Prospectus or Offering Document; Filing.

At least five (5) business days prior to the delivery of and payment

for any bonds, there shall be filed with the Secretary of State a

preliminary copy of the official statement, prospectus, or other

offering document pertaining to the issuance. Prior to the

expiration of fifteen (15) business days following the bond delivery

and payment, there shall be filed with the Secretary of State and

the Oklahoma Securities Commission a copy, in final form, of the

official statement, prospectus, or other offering document. If no

official statement, prospectus, or other offering document is used

in connection with the sale of the bonds, in lieu thereof there

shall be filed a copy of the draft and final proceedings of the

Authority authorizing the sale and issuance of the bonds.

I. Resolution Constitutes a Contract. The bond resolution,

trust indenture, or other security agreement pursuant to which any

bonds are issued shall constitute a contract with the holders of the

bonds and may contain provisions including but not limited to:

1. The terms and provisions of the bonds;

2. The pledge and grant of a security interest in any personal

property and in all or any part of the revenue from any project or

any revenue-producing contract made by the Authority with any person

to secure the payment of bonds, subject to any agreements with the

holders of bonds which might then exist;

3. The custody, collection, securing, investment, and payment

of any revenues, assets, money, funds, or property with respect to

which the Authority may have any rights or interest;

4. The rates or charges for electrical energy or other services

rendered by the Authority, the amount to be raised by the rates or

charges, and the use and disposition of any or all revenue;

5. The creation of reserves or sinking funds and the regulation

and disposition thereof;

6. The purposes to which the proceeds from the sale of any

bonds then or thereafter to be issued may be applied, and the pledge

or revenues to secure the payment of the bonds;

7. The limitations on the issuance of any additional bonds, the

terms upon which additional bonds may be issued and secured, and the

refunding of outstanding bonds;

8. The rank or priority of any bonds with respect to any lien

or security;

9. The creation of special funds or monies to be held in trust

or otherwise for operational expenses, payment, or redemption of

Oklahoma Statutes - Title 11. Cities and Towns Page 223

bonds, reserves, or other purposes, and the use and disposition of

monies held in the funds;

10. The procedure by which the terms of any contract with or

for the benefit of the holders of bonds may be amended or revised,

the amount of bonds the holders of which must consent thereto, and

the manner in which consent may be given;

11. The definition of the acts or omissions to act which shall

constitute a default in the duties of the Authority to holders of

its bonds, and the rights and remedies of the holders in the event

of default, including, if the Authority so determines, the right to

accelerate the due date of the bonds or the right to appoint a

receiver or receivers of the property or revenues subject to the

lien of the bond resolution, trust indenture, or other security

agreement;

12. Any additional agreements with or for the benefit of the

holders of bonds or any covenants or restrictions necessary or

desirable to safeguard the interest of the holders;

13. The custody of its properties or investments, the

safekeeping thereof, the insurance to be carried thereon, and the

use and disposition of insurance proceeds;

14. The vesting in a trustee or trustees, within or without

this state, of such properties, rights, powers, and duties in trust

as the Authority may determine, or the limiting or abrogating of the

rights of the holders of any bonds to appoint a trustee, or the

limiting of the rights, powers, and duties of the trustee; or

15. The appointment of and the establishment of the duties and

obligations of, any paying agent or other fiduciary within or

without this state.

J. Any pledge of revenues, securities, contract rights, or

other personal property made by the Authority pursuant to the

provisions of the Oklahoma Municipal Power Authority Act shall be

valid and binding from the date the pledge is made. The revenues,

securities, contract rights, or other personal property so pledged

and then held or thereafter received by the Authority or any

fiduciary shall immediately be subject to the lien of the pledge

without any physical delivery thereof or further act, and the lien

of the pledge shall be valid and binding against all parties having

claims of any kind in tort, contract, or otherwise against the

Authority without regard to whether the parties have notice of the

lien. The bond resolution, trust indenture, security agreement, or

other instrument by which a pledge is created need not be filed or

recorded in any manner.

K. Neither the officials, directors, members of the Authority,

or any person executing bonds shall be liable personally on the

bonds or be subject to any personal liability or accountability by

reason of the issuance thereof. The Authority shall have power to

indemnify and to purchase and maintain insurance on behalf of any

Oklahoma Statutes - Title 11. Cities and Towns Page 224

director, officer, employee, or agent of the Authority, in

connection with any threatened, pending, or completed action, suit,

or proceeding.

L. The Authority shall have power to purchase bonds out of any

funds available therefor, and to hold, pledge, cancel, or retire the

bonds and coupons prior to maturity, subject to and in accordance

with any agreements with the holders.

M. The principal of, premium, if any, and interest upon any

bonds issued by the Authority shall be payable solely from the

revenues or funds pledged or available for their payment as

authorized by the provisions of the Oklahoma Municipal Power

Authority Act. Each bond shall contain a statement that it

constitutes an obligation of the Authority, that the principal

thereof, premium, if any, and interest thereon are payable solely

from revenues or funds of the Authority and that neither the State

of Oklahoma or any political subdivision thereof, or any eligible

public agency or public trust which has contracted with the

Authority, is obligated to pay the principal of, premium, if any, or

interest on the bonds and that neither the faith and credit or the

taxing power of the State of Oklahoma or any such political

subdivision thereof or of any such eligible public agency or public

trust is pledged to the payment of the principal of, premium, if

any, or the interest on the bonds.
Okla. Stat. tit. 11, § 11-22-102 — OK Code / Title 11 / Section 11-22-102
Proof of legal organization or ordinances - Recovery of
Status: in_force

costs and attorney fees.

A. If a suit is instituted by a municipality, the municipality

shall not be required to post bond or to show its compliance with

any of the provisions of law as to its organization or publication

of ordinances unless the same is controverted by affidavit.

B. A municipality shall be entitled to recover its costs and

attorneys fees on the same terms and in the same manner as any other

party.
Okla. Stat. tit. 11, § 11-42-101 — OK Code / Title 11 / Section 11-42-101
Definitions
Status: in_force

In Sections 42-101 through 42-115 of this title, the following

terms shall have the meanings respectively provided for them in this

section, unless the context otherwise requires:

1. "Close" means a legislative act of the governing body of a

municipality discontinuing the public use of a public way or

easement without affecting title to real property;

2. "Vacate" means the termination, by written instrument, as

provided in Section 42-106 of this title, or judicial act of the

district court, of private and/or public rights in a public way,

easement or plat and vesting title in real estate in private

ownership;

3. "Public way" means a street, avenue, boulevard, alley, lane

or thoroughfare open for public use; and

Oklahoma Statutes - Title 11. Cities and Towns Page 460

4. "Easement" means rights in real property as set forth in

Section 49 of Title 60 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-35-101 — OK Code / Title 11 / Section 11-35-101
Extension of utility lines and service beyond corporate
Status: in_force

limits.

Any municipality owning or operating its own system of

generating or distributing energy or utilities, and any municipality

engaged in the distribution of energy or utilities, may extend its

lines, mains, and channels together with necessary appurtenances

beyond the corporate limits of the municipality. Such municipality

may acquire, erect, construct and own all necessary poles, wire,

lines, pipelines, mains, channels together with necessary

appurtenances, apparatus and substations, and acquire rights-of-way,

and do all other things necessary and proper in carrying on the

business outside of the corporate limits of the municipality to the

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

municipality. Such municipality may construct or acquire lines,

Oklahoma Statutes - Title 11. Cities and Towns Page 310

pipelines, mains or channels together with necessary appurtenances

by purchase or otherwise and may sell such service to any person,

firm or corporation outside of the limits of the municipality.
Okla. Stat. tit. 11, § 11-36-201 — OK Code / Title 11 / Section 11-36-201
Definitions of terms used
Status: in_force

The following terms, when used in Sections 36-201 through 36-

226, shall have the meanings respectively provided for them in this

section, unless a different definition is given:

1. "Abutting property" shall mean all property within a block

liable for assessments for both front and side street improvements.

Where the property abutting upon an improvement is not divided into

lots and blocks, the property liable to assessment shall be to the

distance of three hundred (300) feet from the street, avenue, lane

or alley upon which improvements are made, extending along both

sides of the distance of the street or way so improved.

2. "Draining" shall mean the construction and connection of all

necessary inlets, catch basins, manholes, underground drainage,

sewer and utility pipes so as to provide for the collection,

carriage and disposal of all surface water falling on or carried to

any permanently improved street or way, to the most available

existing outlet therefor.
Okla. Stat. tit. 11, § 11-49-109 — OK Code / Title 11 / Section 11-49-109
Retirement for disability - Restoration to service -
Status: in_force

Disability not in line of duty.

A. Whenever any firefighter serving in any capacity in a

regularly constituted fire department of a municipality shall become

so physically or mentally disabled while in, or in consequence of,

the performance of the firefighter’s duty as to prevent the

effective performance of the firefighter’s duties, the State Board

may, upon the firefighter’s written request, or without such request

if the State Board deems it for the good of the department, retire

the firefighter from active service, and if so retired, shall direct

that the firefighter be paid from the System a monthly pension equal

to the greater of:

1. Fifty percent (50%) of the average monthly salary which was

paid to the firefighter during the last thirty (30) months of the

firefighter’s service; or

2. 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, provided such firefighter has

completed twenty (20) or more years of credited service.

B. If the disability ceases within two (2) years from the date

of the firefighter’s disability retirement and before the

firefighter’s normal retirement date, the formerly disabled person

shall be restored to active service at the salary attached to the

rank the firefighter held at the time of the firefighter’s

disability retirement provided the firefighter is capable of

performing the duties of a firefighter. Whenever such disability

shall cease, such disability pension provided pursuant to paragraph

1 of subsection A of this section shall cease. If a firefighter

participates in the Oklahoma Firefighters Deferred Option Plan

pursuant to Section 49-106.1 of this title, the firefighter’s

disability pension provided pursuant to this subsection shall be

Oklahoma Statutes - Title 11. Cities and Towns Page 563

reduced to account for the firefighter’s participation in the

Oklahoma Firefighters Deferred Option Plan.

C. Whenever any firefighter, who has served in any capacity in

a regularly constituted fire department of a municipality of the

state, and who has served less than the firefighter’s normal

retirement date, shall become so physically or mentally disabled

from causes not arising in the line of duty as to prevent the

effective performance of the firefighter’s duties, the firefighter

shall be entitled to a pension during the continuance of such

disability based upon the firefighter’s service period which shall

be fifty percent (50%) of the average monthly salary which was paid

to the firefighter during the last sixty (60) months of the

firefighter’s service.

D. No firefighter shall accrue additional service time while

receiving a disability pension; provided further, that nothing

herein contained shall affect the eligibility of any firefighter to

apply for and receive a retirement pension after the firefighter’s

normal retirement date; provided further, that no firefighter shall

receive retirement benefits from the System during the time the

firefighter is receiving disability benefits from the System. Any

member or beneficiary eligible to receive a monthly benefit pursuant

to this section may make an election to waive all or a portion of

monthly benefits.

E. If the requirements of Section 49-106.5 of this title are

satisfied, a member who, by reason of disability, is separated from

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

municipality, may elect to have payment made directly to the

provider for qualified health insurance premiums by deduction from

his or her monthly disability benefit, after December 31, 2006, in

accordance with Section 402(l) of the Internal Revenue Code of 1986,

as amended. For distributions made after December 29, 2022, the

election provided for under Section 402(l) of the Internal Revenue

Code of 1986, as amended, may be made whether payment of the

premiums is made directly to the provider of the accident or health

plan or qualified long-term care insurance contract by deduction

from a distribution from the System or is made to the member.
Okla. Stat. tit. 11, § 11-9-105 — OK Code / Title 11 / Section 11-9-105
Mayor- Duties as chief executive officer
Status: in_force

The mayor shall be chief executive officer of the administrative

branch of the government of the city. The mayor shall be recognized

as the head of the city government for all ceremonial purposes and

by the Governor for purposes of military law. The mayor shall:

1. appoint, subject to confirmation by the city council, a city

attorney and all heads or directors of administrative departments

including members of boards and commissions and shall appoint all

other administrative officers and employees of the city; and

2. sign the commissions and appointments of all officers,

elected or appointed; and

3. remove or suspend city officers or employees against whom

charges of incompetency, neglect, or violation of duty are made,

until such time as the council shall take action on the charges; and

4. supervise and control all administrative departments, agencies,

officers, and employees, act promptly on a charge of neglect or

violation of duty of any officer or employee, and require any

officer to account for and report to the council in writing on any

subject pertaining to the duties, powers, or functions of the

officer when the mayor deems necessary; and

5. prepare a budget annually and submit it to the council. The

mayor shall be responsible for the administration of the budget

after it goes into effect; and

6. keep the council advised of the financial condition and

future needs of the city. The mayor shall submit to the council a

report after the end of the fiscal year on the finances and

administrative activities of the city for the preceding year; and

7. make recommendations to the council of measures for the

well-being of the city; and

8. enforce the city ordinances; and

9. grant pardons for violation of city ordinances, including

the remission of fines and costs, subject to the approval of the

council. Said approval may only be given at a meeting of the

council after the reasons and order of remission or pardon have been

entered on the journal; and

Oklahoma Statutes - Title 11. Cities and Towns Page 49

10. have such other powers, duties, and functions as may be

prescribed by law or by ordinance.
Okla. Stat. tit. 11, § 11-49-139 — OK Code / Title 11 / Section 11-49-139
Persons carried on roll of members during military
Status: in_force

absence - Advancements and promotions - Reinstatement - Reduction of

compensation or dismissal.

Any such person shall be carried on the roll of members of the

fire department during such absence and shall be entitled to all

advancements, seniority and promotions under the rules, regulations

and customs of the fire department, during his said absence, and all

advancements and promotions made in the fire department during his

absence in such military or naval service to which he would have

been entitled shall only be filled temporarily and shall be subject

to the rights of such person who shall, within ninety (90) days

after he has been honorably discharged or received a certificate as

a reserve component of the land or naval services, have the right to

make application for reinstatement, and he shall have preference

over any and all members of the fire department who have been

employed by such municipality subsequent to his entering said

military or naval service, and upon such application it shall be the

duty of the executive head of the fire department to reinstate such

person as an actual member of the fire department with all rights of

advancements and promotions, provided, he has not been mentally or

physically disabled since last serving in such fire department and

is able to pass the usual and customary physical and mental

examination then required by the State Board for entry into said

fire department, and he shall not thereafter be subject to reduction

of compensation or dismissal without just cause.
Okla. Stat. tit. 11, § 11-49-100.9 — OK Code / Title 11 / Section 11-49-100.9
Duties of Board
Status: in_force

A. The Oklahoma Firefighters Pension and Retirement Board shall

discharge their duties with respect to the System solely in the

interest of the participants and beneficiaries and:

1. For the exclusive purpose of:

a. providing benefits to participants and their

beneficiaries, and

b. defraying reasonable expenses of administering the

System;

2. With the care, skill, prudence, and diligence under the

circumstances then prevailing that a prudent person acting in a like

capacity and familiar with such matters would use in the conduct of

an enterprise of a like character and with like aims;

3. By diversifying the investments of the System so as to

minimize the risk of large losses, unless under the circumstances it

is clearly prudent not to do so; and

4. In accordance with the laws, documents and instruments

governing the System.

B. The State Board may procure insurance indemnifying the

members of the State Board from personal loss or accountability from

liability resulting from a member's action or inaction as a member

of the State Board.

Oklahoma Statutes - Title 11. Cities and Towns Page 523

C. The State Board may establish an investment committee. The

investment committee shall be composed of not more than five (5)

members of the State Board appointed by the chairman of the State

Board. The committee shall make recommendations to the full State

Board on all matters related to the choice of custodians and

managers of the assets of the System, on the establishment of

investment and fund management guidelines, and in planning future

investment policy. The committee shall have no authority to act on

behalf of the State Board in any circumstances whatsoever. No

recommendation of the committee shall have effect as an action of

the State Board nor take effect without the approval of the State

Board as provided by law.

D. The Board shall retain qualified investment managers to

provide for the investment of the monies of the System. The

investment managers shall be chosen by a solicitation of proposals

on a competitive bid basis pursuant to standards set by the State

Board. Subject to the overall investment guidelines set by the

State Board, the investment managers shall have full discretion in

the management of those monies of the System allocated to the

investment managers. The State Board shall manage those monies not

specifically allocated to the investment managers. The monies of

the System allocated to the investment managers shall be actively

managed by the investment managers, which may include selling

investments and realizing losses if such action is considered

advantageous to longer term return maximization. Because of the

total return objective, no distinction shall be made for management

and performance evaluation purposes between realized and unrealized

capital gains and losses.

E. Funds and revenues for investment by the investment managers

or the State Board shall be placed with a custodian selected by the

State Board. The custodian shall be a bank or trust company

offering pension fund master trustee and master custodial services

and any related custodial agreement or trust agreement is

incorporated herein by reference. The custodian shall be chosen by

a solicitation of proposals on a competitive bid basis pursuant to

standards set by the State Board. In compliance with the investment

policy guidelines of the State Board, the custodian bank or trust

company shall be contractually responsible for ensuring that all

monies of the System are invested in income-producing investment

vehicles at all times. If a custodian bank or trust company has not

received direction from the investment managers of the System as to

the investment of the monies of the System in specific investment

vehicles, the custodian bank or trust company shall be contractually

responsible to the State Board for investing the monies in

appropriately collateralized short-term interest-bearing investment

vehicles. Any assets of the System may be invested in a collective

investment fund or group trust that satisfies the requirements of

Oklahoma Statutes - Title 11. Cities and Towns Page 524

Revenue Ruling 81-100, as further amended by Revenue Ruling 2004-67,

Revenue Ruling 2008-40, and Revenue Ruling 2011-1, and as

subsequently amended by future guidance. Each such collective

investment fund or group trust is adopted, with respect to any

monies invested therein, as part of the System, its trust, and

custodial account and each such declaration of trust or trust

agreement and related adoption, participation, investment

management, subtrust or other agreements, as amended from time to

time, with respect to any monies invested therein, are incorporated

by reference into the System, its trust agreement(s) or custodial

agreement(s), upon approval by the State Board.

F. By November 1, 1988, and prior to August 1 of each year

thereafter, the State Board shall develop a written investment plan

for the System.

G. The State Board shall compile a quarterly financial report

of all the funds of the System on a fiscal year basis. The report

shall be compiled pursuant to uniform reporting standards prescribed

by the Oklahoma State Pension Commission for all state retirement

systems. The report shall include several relevant measures of

investment value, including acquisition cost and current fair market

value with appropriate summaries of total holdings and returns. The

report shall contain combined and individual rate of returns of the

investment managers by category of investment, over periods of time.

The State Board shall include in the quarterly reports all

commissions, fees or payments for investment services performed on

behalf of the State Board. The report shall be distributed to the

Governor, the Oklahoma State Pension Commission, the Legislative

Service Bureau, the Speaker of the House of Representatives and the

President Pro Tempore of the Senate.

H. After July 1 and before December 1 of each year, the State

Board shall publish widely an annual report presented in simple and

easily understood language pursuant to uniform reporting standards

prescribed by the Oklahoma State Pension Commission for all state

retirement systems. The report shall be submitted to the Governor,

the Speaker of the House of Representatives, the President Pro

Tempore of the Senate, the Oklahoma State Pension Commission and the

members of the System. The annual report shall cover the operation

of the System during the past fiscal year, including income,

disbursements, and the financial condition of the System at the end

of the fiscal year. The annual report shall also contain the

information issued in the quarterly reports required pursuant to

subsection G of this section as well as a summary of the results of

the most recent actuarial valuation to include total assets, total

liabilities, unfunded liability or over funded status, contributions

and any other information deemed relevant by the State Board. The

annual report shall be written in such a manner as to permit a

Oklahoma Statutes - Title 11. Cities and Towns Page 525

readily understandable means for analyzing the financial condition

and performance of the System for the fiscal year.

I. Effective July 1, 2000, the State Board is hereby authorized

to do all acts and things necessary and proper to carry out the

purpose of the System and to make the least costly amendments and

changes, if any, as may be necessary to qualify the System under the

applicable sections of the Internal Revenue Code of 1986, as

amended.
Okla. Stat. tit. 11, § 11-36-503 — OK Code / Title 11 / Section 11-36-503
Rights and limitations on authorities and wireless
Status: in_force

providers.

A. The provisions of this section shall only apply to the

collocation of small wireless facilities by a wireless provider in

the right-of-way and the deployment of utility poles to support

small wireless facilities by a wireless provider in the right-of-

way.

B. An authority may not enter into an exclusive arrangement

with any person for use of the right-of-way for the collocation of

small wireless facilities or the installation, operation, marketing,

modification, maintenance or replacement of utility poles.

C. An authority may only charge a wireless provider a rate or

fee for the use of the right-of-way with respect to the collocation

of small wireless facilities or the installation, maintenance,

modification, operation or replacement of a utility pole in the

right-of-way, if the authority charges nonpublic entities for use of

the right-of-way. Notwithstanding the foregoing, an authority is

permitted, on a nondiscriminatory basis, to refrain from charging

any rate to a wireless provider for the use of the right-of-way.

The rate for use of the right-of-way is provided in Section 6 of

this act.

D. Subject to the provisions of this section and approval of an

application pursuant to Section 4 of this act, a wireless provider

shall have the right, as a permitted use not subject to zoning

review or approval, to collocate small wireless facilities and

install, maintain, modify, operate and replace utility poles along,

across, upon and under the right-of-way. Such structures and

facilities shall be so installed and maintained as not to obstruct

or hinder the usual travel or public safety on such right-of-way or

obstruct the legal use of such right-of-way by other occupants of

the right-of-way, including public utilities, or violate right-of-

way regulations of general application that are consistent with this

act.

Oklahoma Statutes - Title 11. Cities and Towns Page 356

E. Each new or modified utility pole installed in the right-of-

way shall not exceed the greater of:

1. Ten (10) feet in height above the tallest existing utility

pole in place as of the effective date of this act located within

five hundred (500) feet of the new pole in the same right-of-way; or

2. Fifty (50) feet above ground level.

New small wireless facilities in the right-of-way may not extend

more than ten (10) feet above an existing utility pole in place as

of the effective date of this act or, for small wireless facilities

on a new utility pole, above the height permitted for a new utility

pole under this section.

F. A wireless provider shall have the right to collocate a

small wireless facility and install, maintain, modify, operate and

replace a utility pole that exceeds the height limits in subsection

E of this section along, across, upon and under the right-of-way,

subject to applicable zoning or other land-use regulations.

G. An authority may adopt written guidelines establishing

reasonable and objective stealth or concealment criteria for small

wireless facilities in designated areas, reasonable and objective

design criteria for small wireless facilities to be collocated on

decorative poles and reasonable and objective design criteria for

utility poles deployed in areas with decorative poles. Such

guidelines may be adopted by any appropriate means, including

without limitation by inclusion in the authority's zoning code, but

such inclusion shall not subject small wireless facilities and

utility poles classified as permitted uses in subsection D of this

section to zoning review. Such guidelines may be adopted only if

they apply on a nondiscriminatory basis to all other occupants of

the right-of-way, including the authority. A wireless provider that

seeks to collocate small wireless facilities on a decorative pole

shall comply with Section 4 of this act. A wireless provider that

is required to replace a decorative pole at its expense in

compliance with Section 5 of this act shall conform the new

decorative pole to the design aesthetics and material of the

decorative pole(s) being replaced.

H. Wireless providers shall comply with reasonable and

nondiscriminatory requirements that prohibit communications service

providers from installing utility poles or other structures in the

right-of-way in an area designated solely for underground or buried

cable and utility facilities where:

1. The authority has required all cable and utility facilities

other than authority poles and attachments to be placed underground

(i) by a date certain before the application is submitted or (ii) by

a date certain within two (2) years after the application is

submitted, if relocation of facilities has commenced;

2. The authority does not prohibit the replacement of authority

poles in the designated area; and

Oklahoma Statutes - Title 11. Cities and Towns Page 357

3. The authority permits wireless providers to seek a waiver of

the undergrounding requirements for the placement of a new utility

pole to support small wireless facilities, which waivers shall be

addressed in a nondiscriminatory manner.

I. Subject to Section 4 of this act and subsection D of this

section, and except for facilities excluded from evaluation for

effects on historic properties under 47 C.F.R., Section 1.1307(a)(4)

of the FCC rules, an authority may require reasonable, technically

feasible, nondiscriminatory and technologically neutral design or

concealment measures in a historic district. Any such design or

concealment measures may not have the effect of prohibiting any

provider's technology, nor may any such measures be considered a

part of the small wireless facility for purposes of the size

restrictions in the definition of small wireless facility.

J. The authority, in the exercise of its administration and

regulation related to the management of the right-of-way, must be

competitively neutral with regard to other users of the right-of-

way, including that terms may not be unreasonable or discriminatory

and may not violate any applicable law.

K. The authority may require a wireless provider to repair all

damage to the right-of-way directly caused by the activities of the

wireless provider in the right-of-way and to return the right-of-way

to its functional equivalence before the damage pursuant to the

competitively neutral, reasonable requirements and specifications of

the authority. If the wireless provider fails to make the repairs

required by the authority within a reasonable time after written

notice, the authority may effect those repairs and charge the

applicable party the reasonable, documented cost of such repairs. A

wireless provider shall be required to comply with right-of-way and

vegetation management practices adopted by the authority that apply

to all occupants of the right-of-way.

L. Nothing in this act precludes an authority from adopting

reasonable and nondiscriminatory requirements with respect to the

removal of abandoned small wireless facilities. A small wireless

facility that is not operated for a continuous period of twelve (12)

months shall be considered abandoned, and the owner of the facility

must remove the small wireless facility within ninety (90) days

after receipt of written notice from the authority notifying the

owner of the abandonment. The notice shall be sent by certified or

registered mail, return receipt requested, by the authority to the

owner at the last-known address of the owner. If the owner neither

provides the authority written notice that the small wireless

facility has not been out of operation for a continuous period of

twelve (12) months nor removes the small wireless facility within

the ninety-day period, the authority may remove the small wireless

facility, take ownership of the small wireless facility and assess

the cost of removal to the owner.

Oklahoma Statutes - Title 11. Cities and Towns Page 358
Okla. Stat. tit. 11, § 11-29-114 — OK Code / Title 11 / Section 11-29-114
Certain firefighters governmental employees and members
Status: in_force

of the Oklahoma Firefighters Pension and Retirement System.

All firefighters in the state whose fire department provides

fire protection services to a participating municipality, as defined

Oklahoma Statutes - Title 11. Cities and Towns Page 272

in paragraph 9 of Section 49-100.1 of this title, on or after the

effective date of this act shall be governmental employees, as

described in Internal Revenue Service Revenue Ruling 1989-49, 1989-1

CB 117, and shall be members of the Oklahoma Firefighters Pension

and Retirement System. The Oklahoma Firefighters Pension and

Retirement Board shall determine whether a firefighter is a

governmental employee as defined in this section.Oklahoma Statutes - Title 11. Cities and Towns Page 11
Okla. Stat. tit. 11, § 11-43-116 — OK Code / Title 11 / Section 11-43-116
Municipal real estate contracts — Contingencies allowed
Status: in_force

— Restrictions.

A municipality may enter into a real estate contract for the

sale, conveyance, or exchange of real property, option to purchase

real property, or a lease with an option to purchase real property

that includes a contingency, not to exceed one hundred eighty (180)

days, for the purposes of securing required permits, lot changes,

zoning changes, and any other land use approvals necessary to use

and operate the real property.
Okla. Stat. tit. 11, § 11-28-113.1 — OK Code / Title 11 / Section 11-28-113.1
Prosecutions by verified complaint - Means of
Status: in_force

verification - Signature.

A. Notwithstanding other provisions of law, when a law

enforcement officer issues a citation or ticket as the basis for a

complaint or information, for an offense against a municipal

ordinance which is declared to be a misdemeanor, the citation or

ticket shall be properly verified if:

1. The issuing officer subscribes the officer's signature on

the citation, ticket or complaint to the following statement:

"I, the undersigned issuing officer, hereby certify and swear

that I have read the foregoing information and know the facts and

contents thereof and that the facts supporting the criminal charge

stated therein are true." Such a subscription by an issuing

officer, in all respects, shall constitute a sworn statement, as if

sworn to upon an oath administered by an official authorized by law

to administer oaths; and

2. The citation or ticket states the specific facts supporting

the criminal charge and the ordinance or statute alleged to be

violated; or

3. A complainant verifies by oath, subscribed on the citation,

ticket or complaint, that he has read the information, knows the

facts and contents thereof and that the facts supporting the

criminal charge stated therein are true. For purposes of such an

oath and subscription, any law enforcement officer of the state,

county or municipality of the State of Oklahoma issuing the

citation, ticket or complaint shall be authorized to administer the

oath to the complainant.

B. As used in this section, the term “signature” shall include

a digital or electronic signature, as defined in Section 15-102 of

Title 12A of the Oklahoma Statutes.

Oklahoma Statutes - Title 11. Cities and Towns Page 261
Okla. Stat. tit. 11, § 11-22-140.2 — OK Code / Title 11 / Section 11-22-140.2
Application of act
Status: in_force

A. The provisions of this act shall apply to any municipal

governing body that adopts the provisions of this act, and are

applicable to the collection of municipal code liens as to real

property, other than owner-occupied property, in the municipality.

B. The provisions of this act shall not apply to owner-occupied

property.
Okla. Stat. tit. 11, § 11-17-208 — OK Code / Title 11 / Section 11-17-208
Public hearing on proposed budget - Notice - Copies of
Status: in_force

proposed budget.

The municipal governing body shall hold a public hearing on the

proposed budget no later than fifteen (15) days prior to the

beginning of the budget year. Notice of the date, time and place of

the hearing, together with the proposed budget summary, shall be

published on the municipality's website, if available, and in a

newspaper of general circulation in the municipality not less than

five (5) days before the date of the hearing. The municipal clerk

shall make available a sufficient number of copies of the proposed

budget as the governing body shall determine and have them available

for review or for distribution or sale at the office of the

municipal clerk. At the public hearing on the budget any person may

present to the governing body comments, recommendations or

information on any part of the proposed budget.
Okla. Stat. tit. 11, § 11-38-106 — OK Code / Title 11 / Section 11-38-106
Urban renewal plan - Public hearings - Approval and
Status: in_force

modification - Disaster areas.

A. The Urban Renewal Authority may itself prepare or cause to

be prepared an urban renewal plan or any person or agency, public or

Oklahoma Statutes - Title 11. Cities and Towns Page 402

private, may prepare and submit such a plan to the municipality.

Prior to the approval of an urban renewal plan by the municipal

governing body, the plan shall be submitted to the planning

commission having official planning jurisdiction in the municipality

and such planning commission shall determine if such plan conforms

with the general plan for its area of operation and the

municipality, and the planning commission shall submit its written

recommendations to the municipality with respect thereto within

sixty (60) days after receipt of the plan.

B. A municipal governing body shall not approve an urban

renewal plan for an urban renewal area unless such governing body,

by resolution, has determined such area to be a blighted area and

designated such area or portion thereof, as appropriate for an urban

renewal project. The municipal governing body shall not approve an

urban renewal plan or project until a general plan for the

municipality has been adopted as the long-range development policy,

and such urban renewal plan shall adhere thereto; provided, however,

that such general plan must have designated and delineated urban

renewal areas, established the appropriate reuse of such areas and

established priorities for the rehabilitation or clearance and

redevelopment of such areas. The Urban Renewal Authority or a

municipality shall not acquire real property for an urban renewal

project unless the municipal governing body has approved the urban

renewal plan in accordance with subsection D of this section.

C. Upon receipt of the recommendations of the planning

commission, or if no recommendations are received within the sixty-

day period, then without such recommendations, the municipal

governing body may proceed with the hearing on the proposed urban

renewal project as prescribed by subsection D of this section.

D. Before adoption of an urban renewal plan or subsequent

significant amendments to an urban renewal plan, as determined

pursuant to subsection H of this section, the municipal governing

body shall hold two public hearings after public notice thereof by

posting not less than five public notice signs, each having at least

nine (9) square feet of display area, for a period of fourteen (14)

successive days including the days of the public hearings for which

notice is being given, in the area affected by the proposed urban

renewal plan, and shall outline the general nature and scope of the

urban renewal project under consideration. The primary purpose of

the first hearing will be to provide information and to answer

questions. A representative of the municipal governing body shall

present the proposed urban renewal plan. The date of the second

public hearing shall be announced in the presence of persons in

attendance at the hearing and the date shall be more than seven (7)

successive days after the date of the first public hearing. The

purpose of the second public hearing shall be to give any interested

Oklahoma Statutes - Title 11. Cities and Towns Page 403

persons the opportunity to express their views on the proposed or

amended urban renewal plan.

E. Notice of the first public hearing shall be given by

publication at least one time not less than fourteen (14) successive

days prior to the date of the public hearing in a newspaper with

general circulation in the area of operation of the municipality.

Additionally, a municipal governing body that maintains an Internet

website shall make notices prepared pursuant to this section

regularly available on the website for a period of not less than

fourteen (14) successive days prior to the date of the public

hearing. The notices shall include the following:

1. The time and place of the public hearing;

2. The boundaries of the proposed urban renewal area by legal

description and by street location, if possible, accompanied by a

sketch clearly delineating the area in detail as may be necessary to

advise the reader of the particular land proposed to be included;

3. A statement that the first public hearing shall be for

information and question purposes only with persons being given the

opportunity to be heard at the second public hearing before any

votes are taken;

4. A description of the activities to be authorized by the

proposed urban renewal plan, and a location and time where the

proposed urban renewal plan may be reviewed by any interested party;

and

5. Such other matters as the municipal governing body may deem

appropriate.

F. Notice of the second public hearing may be included in the

publication notice provided for in subsection E of this section.

Notice of the second public hearing shall be published in the same

manner as the notice provided for in subsection E of this section

if:

1. Notice for both public hearings is not included in the

notice of the first public hearing;

2. The location, date or time of the second public hearing is

changed after the notice of the first public hearing has been

published; or

3. The second public hearing is held more than fourteen (14)

successive days after the first public hearing.

G. Following such hearings, the municipal governing body may

approve an urban renewal plan if it finds that:

1. A feasible method exists for the relocation of families and

businesses who will be displaced from the urban renewal area in

decent, safe and sanitary accommodations within their means and

without undue hardship to such families and businesses;

2. The urban renewal plan conforms to and assists in the

execution of the general plan of the municipality as a whole;

provided, however, if the planning commission fails to make such a

Oklahoma Statutes - Title 11. Cities and Towns Page 404

determination within the prescribed sixty (60) days, or makes a

determination to the contrary, not less than four-fifths (4/5)

majority vote of the municipal governing body shall be required to

make this finding;

3. The plan includes feasible methods for financing the

project; and

4. The urban renewal plan will afford maximum opportunity,

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

the rehabilitation or redevelopment of the urban renewal area by

private enterprise.

H. An urban renewal plan may be modified at any time in

accordance with the following procedure:

1. The Urban Renewal Authority determines the proposed

modification to be desirable; and

2. The planning commission determines that the proposed

modification conforms to the general plan for the municipality and

makes its recommendations pursuant to the modification or not as it

may determine.

Public hearings required for the adoption of an urban renewal plan

in the first instance shall be held if the governing body determines

the modification to be a significant deviation from the existing

urban renewal plan, in which case approval of the modification shall

be in the same manner as prescribed by this article for adoption of

any urban renewal plan. If the governing body determines the

modification not to be a significant deviation or to be merely

technical or for clarification purposes, the governing body may act

without such public hearings.

I. If modification of the plan is proposed after the lease or

sale by the Urban Renewal Authority of real property in the urban

renewal project area, such modification may be conditioned upon the

approval of the owner, lessee or successor in interest as the

authority may deem advisable and in any event shall be subject to

such rights at law or in equity as a lessee or purchaser, or his

successor or successors in interest, may be entitled to assert.

J. Upon the approval by the municipal governing body of an

urban renewal plan or of any modification thereof, such plan or

modification shall be deemed to be in full force and effect for the

respective urban renewal area and the Urban Renewal Authority may

then cause such plan or modification to be carried out in accordance

with its terms.

K. Notwithstanding any other provisions of this article, where

the municipal governing body determines that an area is in need of

redevelopment or rehabilitation as a result of a flood, fire, wind,

earthquake, storm or other catastrophe respecting which the Governor

of the state has certified the need for disaster assistance under

Public Law 875, Eighty-first Congress (42 U.S.C. Sections 1855 -

1855g), or other federal laws, the municipal governing body may

Oklahoma Statutes - Title 11. Cities and Towns Page 405

approve an urban renewal plan and an urban renewal project with

respect to such area without regard to the provisions of subsection

G of this section and the provisions of this section requiring a

general plan for the municipality and a public hearing on the urban

renewal project.
Okla. Stat. tit. 11, § 11-33-108 — OK Code / Title 11 / Section 11-33-108
Parallel systems within same area not authorized
Status: in_force

The provisions of Sections 33-101 through 33-115 of this title

shall not be deemed to authorize a parallel system of general public

recreation to be carried on by a governmental unit within the same

area in which another governmental unit is located and operating a

similar program.
Okla. Stat. tit. 11, § 11-29-206 — OK Code / Title 11 / Section 11-29-206
Used fire equipment
Status: in_force

A municipality may enter into agreements for used equipment that

has been tested and certified as safe with a volunteer fire

department and shall not be liable for any damage caused by the use

of such equipment by the volunteer fire department.
Okla. Stat. tit. 11, § 11-37-126 — OK Code / Title 11 / Section 11-37-126
Joint construction deemed supplemental
Status: in_force

The provisions of Sections 37-124 and 37-125 of this title,

authorizing the joint construction and financing of waterworks and

water supplies, shall be deemed to provide an additional and

alternative method for doing the things authorized thereby, and

shall be construed as supplemental and additional to all other

powers granted by law.
Okla. Stat. tit. 11, § 11-36-312 — OK Code / Title 11 / Section 11-36-312
Limitation of actions to enforce lien of bonds by
Status: in_force

holder not receiving refunding bonds.

The right of any bondholder, who has filed with the municipal

clerk an "Agreement to Accept Street Improvement Refunding Bonds"

but who has not been issued street improvement refunding bonds, to

enforce the lien of any street improvement bond or street

improvement refunding bond by foreclosure, mandamus, tax sale and

resale, refunding, or otherwise, shall be barred upon the expiration

of three (3) years after the date of the filing of his "Agreement to

Accept Street Improvement Refunding Bonds". The running of the

three-year period of limitation shall be an absolute bar to any

action or proceeding brought thereafter, whether the same be plead

as a defense or not, and the property against which the bonds

represented a lien shall thereafter be absolved of any lien or

liability on account of the bonds or "Agreement to Accept Street

Improvement Refunding Bonds". A certificate issued by the municipal

clerk certifying that no holder of any such bonds has either

1. filed his "Agreement to Accept Street Improvement Refunding

Bonds";

2. commenced foreclosure, mandamus, refunding or otherwise,

within the three-year period as prescribed herein; or

3. commenced foreclosure within the three-year period

prescribed in Section 36-310 of this title,

Oklahoma Statutes - Title 11. Cities and Towns Page 346

shall operate to remove any cloud upon the title of any property

created by the street improvement bond, the street improvement

refunding bond, or "Agreement to Accept Street Improvement Refunding

Bonds", and the liens represented thereby. Nothing contained in this

section shall be construed to give a remedy where no remedy of any

type or nature previously existed in any bondholder or owner, or to

revive a lien or right where no remedy previously existed.
Okla. Stat. tit. 11, § 11-9-110 — OK Code / Title 11 / Section 11-9-110
Council - Quorum - Rules and voting
Status: in_force

A majority of all the members of the council shall constitute a

quorum to do business, but a smaller number may adjourn from day to

day. The council shall determine its own rules, and may compel the

attendance of absent members in the manner and under penalties as

the council may prescribe.
Okla. Stat. tit. 11, § 11-22-119 — OK Code / Title 11 / Section 11-22-119
Regulation of railway and freight operations within
Status: in_force

municipal limits.

Oklahoma Statutes - Title 11. Cities and Towns Page 182

The municipal governing body may regulate levees, depots, depot

grounds, and places of storing freight and goods, and provide for

the passage of railways through the streets and public grounds of

the municipality. The governing body may also regulate the crossing

of railway tracks and the running of railway engines, cars and

trucks within the limits of the municipality, and to govern the

speed thereof, and to make provisions, rules and restrictions to

prevent accidents at crossings and on the tracks of railways and to

prevent fires from engines.
Okla. Stat. tit. 11, § 11-37-227 — OK Code / Title 11 / Section 11-37-227
Delinquent installments - Certification to county
Status: in_force

treasurer - Collection of taxes and penalties.

The municipal clerk, promptly after the date of maturity of any

installment and interest and no earlier than the first day of July

and no later than the tenth day of July in each year, shall certify

the installment and interest then due to the county treasurer of the

county in which the assessed property is located. Once certified to

the county treasurer, payment may only be made to the county

treasurer except as otherwise provided for in this section. At the

time of collection the county treasurer shall collect a fee of Five

Dollars ($5.00) for each parcel of property and such fee shall be

deposited to the general fund of the county. The county treasurer

shall place the installment and interest upon the November

delinquent tax list of the same year which is prepared by the county

treasurer, and collect the installment and interest as other

delinquent taxes are collected. Provided, that no such

certification shall be made to the county treasurer unless the city

or town clerk shall have sent notice of the nature and amount of the

assessment by restricted delivery mail on or before June 1 of said

year to the last-known address of the owner of the assessed

property. The county treasurer shall collect the installments of

assessment, together with interest and penalty, as certified to him

by the municipal clerk, but any taxpayer shall have a right to pay

his ad valorem taxes to the county treasurer regardless of the

delinquency of such assessments. Within thirty (30) days from the

receipt of a delinquent assessment, interest and penalty, as

collected by the county treasurer, the same shall be paid by the

county treasurer to the municipal treasurer for disbursement in

accordance with the provisions of Section 37-226 of this title. All

payments to the municipal treasurer on account of such assessments

shall be certified by him to the municipal clerk for crediting on

the Assessment Record.
Okla. Stat. tit. 11, § 11-18-105 — OK Code / Title 11 / Section 11-18-105
Record of change
Status: in_force

The resolution declaring the change in form of city government

shall be recorded in the office of the county clerk in the county in

which the situs of the city government is located and filed in the

office of the Secretary of State and in the archives of the city.
Okla. Stat. tit. 11, § 11-24-107 — OK Code / Title 11 / Section 11-24-107
Powers, rights and privileges of Authority
Status: in_force

A. The Authority shall have and is hereby authorized to

exercise all powers, rights and privileges enumerated in this

section. Such powers, rights and privileges shall be exercised by

its Board of Directors unless otherwise specifically provided herein

or by the bylaws of the Authority as in effect from time to time.

B. The Authority may plan, finance, acquire, construct,

reconstruct, own, lease, operate, maintain, repair, improve, extend

or otherwise participate, individually or jointly with other

persons, in one or more projects, proposed, existing or under

construction, and may act as agent, or designate one or more

persons, whether or not participating in a project, to act as its

agent, in connection with the planning, financing, acquisition,

construction, reconstruction, ownership, lease, operation,

maintenance, repair, extension or improvement of the project.

C. The Authority may investigate the desirability of and

necessity for additional sources and supplies of electrical energy

and fuel and other supplies of any kind for such purpose, and make

studies, surveys and estimates as may be necessary to determine the

feasibility and cost thereof.

D. The Authority may cooperate with other persons in the

development of sources and supplies of electrical energy and fuel

Oklahoma Statutes - Title 11. Cities and Towns Page 217

and other supplies of any kind for such purposes, and give

assistance with personnel and equipment in any project.

E. The Authority may apply to any person for consents,

authorizations or approvals required for any project within its

powers and take all actions necessary to comply with the conditions

thereof.

F. The Authority may perform any act authorized by the Oklahoma

Municipal Power Authority Act through, or by means of, its officers,

agents or employees or by contract with any person including,

without limitation, the employment of engineers, architects,

attorneys, appraisers, financial advisors and such other consultants

and employees as may be required in the judgment of the Board of

Directors, and fix and pay their compensation from funds available

to the Authority therefor.

G. The Authority may acquire, hold, use and dispose of income,

revenues, funds and money.

H. The Authority may, individually or jointly with other

persons, acquire, own, hire, use, operate and dispose of personal

property and any interest therein.

I. The Authority may, individually or jointly with other

persons, acquire, own, use, lease as lessor or lessee, operate and

dispose of real property and interests in real property including

projects existing, proposed or under construction, and make

improvements thereon.

J. The Authority may grant the use by franchise, lease or

otherwise and make charges for the use of any property or facility

owned or controlled by it.

K. The Authority may borrow money and issue negotiable bonds,

secured or unsecured, in accordance with Section 24-101 et seq. of

this title, and may enter into interest rate swaps and other

derivative products, and other financial instruments intended to

hedge interest rate risk or manage interest rate costs including any

option to enter into or terminate any of them, that the Authority

deems to be necessary or desirable in connection with any bonds

issued prior to, at the same time as, or after entering into such

arrangement, and containing such terms and provisions, and may be

with such parties, as determined by the Authority. Provided, any

action taken by the Authority pursuant to this subsection must first

be approved by the Office of the Deputy Treasurer for Debt

Management and the Council of Bond Oversight pursuant to the

provisions of the Oklahoma Bond Oversight and Reform Act.

L. The Authority may invest money of the Authority not required

for immediate use including proceeds from the sale of any bonds.

M. The Authority may exercise the power of eminent domain in

accordance with the provisions of Section 24-110 of this title.

N. The Authority may determine the location and character of,

and all other matters in connection with, any and all projects it is

Oklahoma Statutes - Title 11. Cities and Towns Page 218

authorized to acquire, hold, establish, effectuate, operate or

control.

O. The Authority may contract with any person for the planning,

development, construction, operation, sale or lease as lessor or

lessee of any project or for any interest therein, on such terms and

for such period of time as its Board of Directors shall determine.

P. The Authority may contract with any eligible public agency,

any public trust, or any other person for the sale of power and

energy, transmission services, power supply development services or

other services within or without this state on such terms and

conditions as the Board of Directors shall approve. Any such

contract may be for the sale of output and services of a particular

project or may be for output and services generally without regard

to a specific project and may be for the supply of a specific

quantity of output or a percentage of the output of a specific

project or other specific facility or may be based on the

requirements of the purchaser or may be on such other terms and

conditions as the Board of Directors deems appropriate.

Q. The Authority may enter into any contract or agreement

necessary, appropriate or incidental to the effectuation of its

lawful purposes and the exercise of the powers granted by the

Oklahoma Municipal Power Authority Act including, without

limitation, contracts or agreements for the purchase, sale,

exchange, interchange, wheeling, pooling, transmission or storage of

electric power and energy, and fuel and other supplies of any kind

for any such purposes, within and without this state, in such

amounts as it shall determine to be necessary and appropriate to

make the most effective use of its powers and to meet its

responsibilities, on such terms and for such period of time as the

Board of Directors determines, and derivative or other instruments

intended to hedge fuel cost risk associated with any projects or

power purchases or supply arrangements of the Authority, or to hedge

fixed or variable interest rate exposure associated with permitted

investments including any option to enter into or terminate any of

them, that the Authority deems to be necessary or desirable, and

containing such terms and provisions, and may be with such parties,

as determined by the Authority.

R. In any case in which the Authority participates in a project

as a joint owner with one or more persons, the Authority may enter

into an agreement or agreements with respect to such project with

the other person or persons participating therein, and any such

agreement may contain such terms, conditions and provisions

consistent with the provisions of the act as the parties thereto

shall deem to be in their best interest. Any such agreement may

include, but need not be limited to, provisions defining what

constitutes a default thereunder and providing for the rights and

remedies of the parties thereto upon the occurrence of such a

Oklahoma Statutes - Title 11. Cities and Towns Page 219

default deemed appropriate by the Board of Directors including, to

the extent deemed appropriate, the acquisition by nondefaulting

parties of all or any part of the defaulting party's interest;

provisions setting forth such restraints on alienation of the

interests of the parties in the project as the Board of Directors

deems appropriate; provisions for the construction, operation and

maintenance of such electric generation or transmission facility by

any one or more of the parties to such agreement which party or

parties shall be designated in or pursuant to such agreement as

agent or parties thereto or by such other means as may be determined

by the parties thereto; and provisions for a method or methods of

determining and allocating, among or between the parties, costs of

construction, operation, maintenance, renewals, replacements,

improvements and disposals with respect to such project. In

exercising its power to participate in a project as a joint owner

with one or more persons, the Authority may not loan its credit to

any person which is a joint owner of such project; provided,

however, the appropriate allocations of the costs of construction,

operation, maintenance, renewals, replacements, improvements and

disposals with respect to such project between the Authority and

such persons shall not be a loan of credit by the Authority to such

persons. In carrying out its functions and activities as such agent

with respect to construction, operation and maintenance of a

project, such agent shall be governed by the laws and regulations

applicable to such agent as a separate legal entity and not by any

laws or regulations which may be applicable to any of the other

participating parties. Notwithstanding anything contained in any

other law to the contrary, pursuant to the terms of any such

agreement, the Authority may delegate its powers and duties with

respect to the construction, operation and maintenance of such

project to the person acting as agent; and all actions taken by such

agent in accordance with the provisions of such agreement may be

made binding upon the Authority without further action or approval

by the Authority.

S. The Authority may procure insurance against any losses in

connection with its property, operations or assets in such amounts

and from such insurers as it deems desirable, or may self-insure

against such losses.

T. The Authority may contract for and accept any gifts, grants

or loans of funds or property or financial or other aid in any form

from any person, and may comply, subject to the provisions of the

Oklahoma Municipal Power Authority Act, with the terms and

conditions thereof.

U. The Authority may adopt a corporate seal and may sue or be

sued.

V. The Authority may exercise all other powers not inconsistent

with the Oklahoma Constitution or the United States Constitution,

Oklahoma Statutes - Title 11. Cities and Towns Page 220

which powers may be reasonably necessary or appropriate for or

incidental to effectuate its authorized purposes or to the exercise

of any of the powers enumerated in the Oklahoma Municipal Power

Authority Act.

W. Notwithstanding any other provision herein seemingly to the

contrary, the Authority may not sell output (i) at retail to the

ultimate consumers thereof, or (ii) to any municipality which does

not own an electrical energy distribution system.
Okla. Stat. tit. 11, § 11-37-128 — OK Code / Title 11 / Section 11-37-128
Public water trusts – Supervision by municipalities –
Status: in_force

Penalties - Exceptions.

A. Any public water trust formed pursuant to Sections 176

through 180.4 of Title 60 of the Oklahoma Statutes whose beneficiary

is the state, any county or municipality or any combination thereof,

supplying water directly to residents of a municipality, shall be

subject to general supervision by such municipality with regards to

any waterworks within the city limits of the municipality.

B. 1. The municipality shall have power to promulgate

regulations and enact ordinances affecting the services, operation,

management, rates and manner of conduct of the business of any

public water trust having waterworks within the city limits of the

municipality.

2. The municipality shall have full visitorial and

inquisitorial power to examine the records of such public water

trust and keep informed as to the general condition, rates, plants,

equipment, apparatus, conduct, operation, practices and services,

and compliance with regulations and ordinances and laws of this

state with respect to the waterworks within the city limits of the

municipality and with respect to any other management or conduct of

the public water trust which affects any of the waterworks within

the city limits of the municipality.

Oklahoma Statutes - Title 11. Cities and Towns Page 378

C. It shall be unlawful for any public water trust to operate

any waterworks within the city limits of a municipality in violation

of the regulations promulgated or ordinances enacted by the

municipality pursuant to this section.

D. 1. Any person who violates any of the provisions of any

regulation promulgated or ordinance enacted issued pursuant to this

section, upon conviction thereof, shall be guilty of a misdemeanor.

Each day upon which such violation occurs shall constitute a

separate violation.

2. In addition to any criminal penalty imposed pursuant to this

subsection, a public water trust which has been determined by the

municipality to have violated any regulation or ordinance issued

pursuant to this section may be liable for a civil penalty of not

more than Five Hundred Dollars ($500.00) for each day that such

violation continues. The amount of such penalty shall be assessed

by the municipality, after notice and hearing.

E. 1. The district attorney of the appropriate district court

of Oklahoma may bring an action in a court of competent jurisdiction

for the prosecution of such violation of any regulation or order

issued pursuant to this section.

2. The court has jurisdiction to determine such action and to

grant the necessary or appropriate relief, including, but not

limited to, mandatory or prohibitive injunctive relief, interim

equitable relief, and punitive damages.

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

1. Any public trusts formed as rural water districts and

established pursuant to the Rural Water, Sewer, Gas and Solid Waste

Management District Act;

2. Any municipality in a county having a population less than

Two Hundred Fifty Thousand (250,000) persons; or

3. Waterworks or water systems owned or operated by a

municipality or by any public trust of which a municipality is the

sole beneficiary.

G. For purposes of this section, "waterworks" means facilities

used in the procurement, supply, treatment, storage, pumping or

distribution of water for human consumption or fire protection, and

includes the necessary facilities from the initial source to the

place for consumer utilization.
Okla. Stat. tit. 11, § 11-29-304 — OK Code / Title 11 / Section 11-29-304
Volunteer Firefighter Recognition Program
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 280

There is hereby created a “Volunteer Firefighter Recognition

Program”. This program shall recognize the following persons with a

certification of recognition from the Governor:

1. Employers of volunteer firefighters who allow the

firefighter time off for training and emergency responses; and

2. Volunteer firefighters for their service to the citizens of

their community and to this state.
Okla. Stat. tit. 11, § 11-36-405 — OK Code / Title 11 / Section 11-36-405
Assessing ordinance - Interest on installments - Lien
Status: in_force

The governing body, by ordinance, shall levy assessments against

the several lots and tracts of land benefited by reason of the

improvement in accordance with its determination and final

adjudication and fix a lien upon the property for the amount of the

assessments. The ordinance shall provide that:

1. The assessments are payable in ten (10) equal annual

installments, with interest thereon at the rate of eight percent

(8%) per annum, payable annually;

2. The installments shall be due and payable on or before the

first day of September of each year following the date of the

passage of the assessing ordinance;

3. The owner of any lot, piece or parcel of land shall have the

right to pay the entire assessment without interest within thirty

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

ordinance;

4. Upon failure to pay an installment the municipal clerk shall

certify the delinquency to the county treasurer to be placed upon

the delinquent tax list of the county for the current year; and 5.

If installments are not paid when due, they shall bear interest at

the rate of twelve percent (12%) per annum, and no earlier than July

1 and no later than July 10 of the following year, shall be

certified to the county treasurer to be placed upon the delinquent

list, and the property shall be sold to pay such delinquent

assessment in the manner provided for the sale of property for

delinquent taxes. Provided, that no such certification shall be

made to the county treasurer unless the city or town clerk shall

have sent a notice of the nature and amount of the assessment by

restricted delivery mail on or before June 1 of said year to the

last-known address of the owner of the assessed property.
Okla. Stat. tit. 11, § 11-27-132 — OK Code / Title 11 / Section 11-27-132
Appeal to Court of Criminal Appeals
Status: in_force

An appeal may be taken to the Court of Criminal Appeals from the

final judgment or order of a district court in an appeal from a

final judgment of a municipal court in the same manner and to the

same extent that appeals are taken from a district court to the

Court of Criminal Appeals.
Okla. Stat. tit. 11, § 11-42-102 — OK Code / Title 11 / Section 11-42-102
Application by owner for vacation of platted tract,
Status: in_force

street, alley, easement or public way - Power of district court.

A. If the owner of any tract of land platted for municipal

purposes, or the owner of any portion of such platted tract, desires

to vacate the whole or some part thereof, or desires to vacate a

platted street, alley, easement or portion thereof, the owner shall

file a verified application setting forth his current address and

briefly stating the reason for vacating, in the district court in

the county where the land is located.

B. Notwithstanding provisions in subsection A of this section,

if the owner of any tract of land platted for municipal purposes for

a public way desires to vacate some part thereof and the portion

thus vacated would not obstruct the use of the balance of the tract

as a street, avenue, alley, lane or thoroughfare open for public

use, and which tract after vacation would remain bounded on all

sides by land platted for municipal purposes, the owner may file a

verified application in the district court in the county where the

property is located. The district court is authorized, upon

application by such owner and upon showing that previous use of the

tract as a street would remain unobstructed, to alter or vacate the

platted tract or any part thereof.

C. In cases where a portion of a tract is vacated but remains

bounded on all sides by public ways and public grounds, title to the

portion vacated shall pass to the municipality or public entity

created by the municipality for the purpose of managing, developing,

maintaining or leasing, for any lawful purpose, public or private,

the tract so vacated. The title to said tract shall remain with the

municipality or other public entity until such time as any adjacent

tract comprising the public way or street is subsequently vacated

and no longer used for a public purpose.
Okla. Stat. tit. 11, § 11-24-110 — OK Code / Title 11 / Section 11-24-110
Eminent Domain
Status: in_force

Eminent Domain. Except as otherwise provided by this act, the

Authority may acquire all real or personal property that it deems

necessary for carrying out the purposes of this act, whether in fee

simple absolute or a lesser interest, by condemnation and the

Oklahoma Statutes - Title 11. Cities and Towns Page 226

exercise of the power of eminent domain in the manner and by like

proceedings as provided by general law with respect to condemnation.

The Authority shall never have power of eminent domain with respect

to any real or personal property or interest therein at the time

owned or leased by any person as part of a system, whether existing,

under construction or being planned, or facilities for the

generation, transmission, production or distribution of electrical

power. The authority of the Authority to acquire real or personal

property by condemnation or the exercise of the power of eminent

domain shall be a continuing power, and no exercise thereof shall

exhaust it.
Okla. Stat. tit. 11, § 11-22-112 — OK Code / Title 11 / Section 11-22-112
Condemnation – Procedures – Administrative officer or
Status: in_force

body – Definitions - Nuisance – Damages or loss of property –

Agricultural property.

A. A municipal governing body may cause dilapidated buildings

within the municipal limits to be torn down and removed in

accordance with the following procedures:

1. At least ten (10) days' notice that a building is to be torn

down or removed shall be given to the owner of the property before

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

posted on the property to be affected. In addition, a copy of the

notice shall be sent by mail to the property owner at the address

shown by the current year's tax rolls in the office of the county

treasurer. Written notice shall also be mailed to any mortgage

holder as shown by the records in the office of the county clerk to

the last-known address of the mortgagee. At the time of mailing of

notice to any property owner or mortgage holder, the municipality

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

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

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

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

notice on the property, or by publication as defined in Section 1-

102 of this title. The notice may be published once not less than

ten (10) days prior to any hearing or action by the municipality

pursuant to the provisions of this section;

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

if the property is dilapidated and has become detrimental to the

health, safety, or welfare of the general public and the community,

or if the property creates a fire hazard which is dangerous to other

property;

3. Pursuant to a finding that the condition of the property

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

Oklahoma Statutes - Title 11. Cities and Towns Page 164

benefited by the removal of such conditions, the governing body may

cause the dilapidated building to be torn down and removed. The

governing body shall fix reasonable dates for the commencement and

completion of the work. The municipal clerk shall immediately file

a notice of dilapidation and lien with the county clerk describing

the property, the findings of the municipality at the hearing, and

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

destruction and removal costs and that such costs are the personal

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

of the notice. The agents of the municipality are granted the right

of entry on the property for the performance of the necessary duties

as a governmental function of the municipality if the work is not

performed by the property owner within dates fixed by the governing

body. Any action to challenge the order of the municipal governing

body shall be filed within thirty (30) business days from the date

of the order;

4. The governing body shall determine the actual cost of the

dismantling and removal of dilapidated buildings and any other

expenses that may be necessary in conjunction with the dismantling

and removal of the buildings, including the cost of notice and

mailing. The municipal clerk shall forward a statement of the

actual cost attributable to the dismantling and removal of the

buildings and a demand for payment of such costs, by mail to the

property owner. In addition, a copy of the statement shall be

mailed to any mortgage holder at the address provided for in

paragraph 1 of this subsection. At the time of mailing of the

statement of costs to any property owner or mortgage holder, the

municipality shall obtain a receipt of mailing from the postal

service, which receipt shall indicate the date of mailing and the

name and address of the mailee. If a municipality dismantles or

removes any dilapidated buildings, the cost to the property owner

shall not exceed the actual cost of the labor, maintenance, and

equipment required for the dismantling and removal of the

dilapidated buildings. If dismantling and removal of the

dilapidated buildings is done on a private contract basis, the

contract shall be awarded to the lowest and best bidder; and

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

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

attributable to the actual cost of the dismantling and removal of

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

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

municipal clerk shall forward a certified statement of the amount of

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

is located. Once certified to the county treasurer, payment may

only be made to the county treasurer except as otherwise provided

for in this section. The costs shall be levied on the property and

collected by the county treasurer as are other taxes authorized by

Oklahoma Statutes - Title 11. Cities and Towns Page 165

law. Until finally paid, the costs and the interest thereon shall

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

date of the notice of dilapidation and lien is filed with the county

clerk. In addition the cost and the interest thereon shall be a

lien against the property from the date the notice of the lien is

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

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

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

against the property. The lien shall continue until the cost is

fully paid. At the time of collection, the county treasurer shall

collect a fee of Five Dollars ($5.00) for each parcel of property.

The fee shall be deposited to the credit of the general fund of the

county. If the county treasurer and the municipality agree that the

county treasurer is unable to collect the assessment, the

municipality may pursue a civil remedy for collection of the amount

owing and interest thereon including an action in personam against

the property owner and an action in rem to foreclose its lien

against the property. A mineral interest, if severed from the

surface interest and not owned by the surface owner, shall not be

subject to any tax or judgment lien created pursuant to this

section. Upon receiving payment, the municipal clerk shall forward

to the county treasurer a notice of such payment and shall direct

discharge of the lien.

B. The municipality may designate, by ordinance, an

administrative officer or administrative body to carry out the

duties of the governing body specified in this section. The

property owner shall have the right of appeal to the municipal

governing body from any order of the administrative officer or

administrative body. Such appeal shall be taken by filing written

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

the administrative order is rendered.

C. For the purposes of this section:

1. "Dilapidated building" means:

a. a structure which through neglect or injury lacks

necessary repairs or otherwise is in a state of decay

or partial ruin to such an extent that the structure

is a hazard to the health, safety, or welfare of the

general public,

b. a structure which is unfit for human occupancy due to

the lack of necessary repairs and is considered

uninhabitable or is a hazard to the health, safety,

and welfare of the general public,

c. a structure which is determined by the municipal

governing body or administrative officer of the

municipal governing body to be an unsecured building,

as defined by Section 22-112.1 of this title, more

than three times within any twelve-month period,

Oklahoma Statutes - Title 11. Cities and Towns Page 166

d. a structure which has been boarded and secured, as

defined by Section 22-112.1 of this title, for more

than six (6) consecutive months, or

e. a structure declared by the municipal governing body

to constitute a public nuisance; and

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

current tax rolls of the county treasurer.

D. Nothing in the provisions of this section shall prevent the

municipality from abating a dilapidated building as a nuisance or

otherwise exercising its police power to protect the health, safety,

or welfare of the general public.

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

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

of dilapidated buildings performed pursuant to the provisions of

this section or as otherwise prescribed by law.

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

property zoned and used for agricultural purposes.
Okla. Stat. tit. 11, § 11-16-209 — OK Code / Title 11 / Section 11-16-209
First election held in council-manager city
Status: in_force

At the first general municipal election held in the odd-numbered

year following adoption of the statutory council-manager form of

government, the officers to be elected and their terms are as

follows:

1. Four-year terms: Councilmembers from Wards One, Two and

Five (if one).

2. Two-year terms: Councilmembers from Wards Three, Four and

Six (if one); and the councilmember at large.

At general municipal elections held thereafter, the successors of

the officers whose terms are expiring shall be elected for four-year

terms.
Okla. Stat. tit. 11, § 11-26-102 — OK Code / Title 11 / Section 11-26-102
Power to acquire and control land for cemeteries
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 233

A municipal governing body may acquire, by purchase, donation or

otherwise, and control lots or parcels of land within and without

the limits of the municipality as the governing body deems necessary

for cemetery purposes. When lots or parcels are so acquired, the

title shall vest in the municipality. The governing body may

subdivide or plat any of the lots or lands into suitable parcels for

burial purposes and make such disposition thereof as will in the

judgment of the governing body best serve the purpose for which they

were acquired. Any lands so acquired shall thereafter be exempt

from taxation, and the governing body may pay and discharge any

assessments against the lands for the improvement of streets or the

construction of sewers. The governing body shall provide for the

grading, fencing, ornamenting and improving of all burial and

cemetery grounds owned by the municipality and the avenues leading

thereto, and may construct walks and plant and protect ornamental

trees and shrubs therein, and provide for paying the cost thereof.
Okla. Stat. tit. 11, § 11-45-104 — OK Code / Title 11 / Section 11-45-104
Public improvements and plats of land - Planning
Status: reserved

commission review - Subdivision regulations - Rural land not served

by municipal water and sewer facilities.

A. Before final action may be taken by any municipality or

department thereof on the location, construction, or design of any

public building, statue, memorial, park, parkway, boulevard, street,

alley, playground, public ground, or bridge, or the change in the

location or grade of any street or alley, the question shall be

submitted to the planning commission for investigation and report.

Counties and school districts may be exempted from the payment of a

fee to obtain any license or permit required by a zoning, building,

or similar ordinance of a municipality.

B. All plans, plats, or replats of land laid out in lots or

blocks, and the streets, alleys, or other portions of the same,

intended to be dedicated to public or private use, within the

corporate limits of a municipality, shall first be submitted to the

municipal planning commission for its approval or rejection. Before

said plans, plats, or replats shall be entitled to be recorded in

the office of the county clerk, they shall be approved by the

municipal governing body. It shall be unlawful to offer and cause

to be recorded any such plan, plat, or replat in any public office

unless the same shall bear thereon, by endorsement or otherwise, the

approval of the municipal governing body. Any plat filed without

the endorsed approval of the municipal governing body shall not

import notice nor impose any obligation or duties on the

municipality. The disapproval of any such plan, plat, or replat by

the municipal governing body shall be deemed a refusal of the

proposed dedication shown thereon.

C. The municipal planning commission may exercise jurisdiction

over subdivision of land and adopt regulations governing the

subdivision of land within its jurisdiction. Any such regulations,

before they become effective, shall be approved by the municipal

Oklahoma Statutes - Title 11. Cities and Towns Page 493

governing body and shall be published as provided by law for the

publication of ordinances. Such regulations may include provisions

as to the extent to which streets and other ways shall be graded and

improved and to which water, sewer, and other utility mains, piping,

or other facilities shall be installed as a condition precedent to

the approval of the plat. The regulations may provide for a

tentative approval of the plat before such installation. Any such

tentative approval shall be revocable for failure to comply with

commitments upon which the tentative approval was based and shall

not be entered on the plat. In lieu of the completion of any

improvements or utilities prior to the final approval of the plat,

the commission may accept an adequate bond with surety, satisfactory

to the commission, to secure for the municipality the actual

construction and installation of the improvements or utilities at a

time and according to specifications fixed by or in accordance with

the regulations of the commission, and further conditioned that the

developer will pay for all material and labor relating to the

construction of the improvements. The municipality may enforce said

bond by all appropriate legal and equitable remedies. Nothing in

this section shall be construed as granting to any municipality or

planning commission the power to direct any public utility to extend

its services to any particular area.

D. Upon adoption of the regulations governing the subdivision

of land as provided in subsection C of this section, no plat or deed

or other instrument concerning the subdivision of land within the

corporate limits of a municipality shall be filed with the county

clerk until it has been approved by the municipal planning

commission of that municipality in accordance with the officially

adopted regulations of subdivisions of that commission. If such

approval is needed, the approval shall be endorsed on the face of

the plat, or in the case of a deed or other instrument, in the form

of a special subdivision certificate. If the adopted regulations

exempt a certain subdivision of land from the approval requirement,

the municipal planning commission shall provide to the county clerk

an exemption statement to accompany the deed or instrument to be

filed.

E. A municipality which contains large areas of rural land not

served by water and sewer facilities by the municipality shall

authorize the use of private roadways in either platted or unplatted

areas and shall issue building permits to property owners whose

property is abutting upon the private roadways, without complying

with standards as provided for dedicated streets, subject to the

following conditions:

1. The private roadway easement shall be at least fifty (50)

feet in width; and

2. The property abutting upon the private roadway shall contain

not less than two (2) acres; provided, however, if the covenants of

Oklahoma Statutes - Title 11. Cities and Towns Page 494

the subdivision allow for Evapotranspiration Absorption Systems or

an Aerobic Wastewater Treatment System, the property abutting upon

the private roadway may contain not less than one (1) acre; and

3. The property shall be more than one-fourth (1/4) mile from

sewer and water facilities furnished by the municipality; and

4. The private roadway shall not be dedicated to the public but

reserved for future dedication and, until such future dedication,

shall be the private roadway of the owners of the abutting property;

and

5. The private roadway shall be maintained by the owners of the

property within the subdivision; and

6. The municipality shall have no responsibility for the

maintenance or repair of the private roadway; and

7. If the property is platted, there shall be emblematized on

the face of the plat, clearly conspicuous, a notice that the streets

and drives have not been dedicated to the public and that the

streets shall be maintained by the private property owners within

the subdivision. Said streets shall always be open to police, fire,

and other official vehicles of all state, federal, county, and

municipal agencies; and

8. Every deed shall clearly acknowledge that the roadway is

private and not maintained by the municipality; and

9. Prior to the sale of any parcel of land in the subdivision,

a conspicuous sign shall be posted at the entrance to the

subdivision: “Private roadway not maintained by __________ (the

municipality)”. At any time after the municipality permits the use

of said private roadway, a petition of the owners of at least sixty

percent (60%) of the area of the land to improve and dedicate the

street shall bind all of the owners thereby to permanently improve

the street or roadway in compliance with the requirements of the

municipality; and

10. The planning commission may require the developer of such

property to reserve appropriate utility easements for water, sewer,

and any other utility installations as may be required for present

and future development.
Okla. Stat. tit. 11, § 11-11-111 — OK Code / Title 11 / Section 11-11-111
Vacancy in the office of mayor or vice-mayor
Status: in_force

When a vacancy occurs in the office of mayor, the vice-mayor

shall act as mayor until a mayor is elected by the council and

qualified for office. To fill the vacancy, the council shall elect

a registered voter of the city, who may or may not already be a

council member at the time, to be mayor until the next general

municipal election, and to serve until a successor is elected and

qualified. Any vacancy shall then be filled at the next general

municipal election by election of a person to complete the balance

of any unexpired term. If the vacancy has not been filled within

sixty (60) days after it occurs, the governing body shall call for a

special election for the purpose of filling the vacancy for the

duration of the unexpired term. However, if less than one (1) year

remains of the unexpired term, the council shall elect a registered

voter of the city, who may or may not already be a council member at

the time, to be mayor for the duration of the unexpired term. When

a vacancy occurs in the office of vice-mayor, the council shall

Oklahoma Statutes - Title 11. Cities and Towns Page 62

elect from among its members another vice-mayor for the duration of

the unexpired term.
Okla. Stat. tit. 11, § 11-36-116 — OK Code / Title 11 / Section 11-36-116
Duties of railways as to paving and street
Status: in_force

improvements.

When a railway occupies any portion of a street with its tracks

running in the general direction of the street, either on or

adjacent thereto, the railway company shall improve the space

between its tracks, and two (2) feet on either side thereof, in the

same manner that the remainder of the street is to be improved, or

with such other material as the municipality may require. Where any

railway company occupies an alley with its track or tracks, the

company shall be required to improve, gutter, drain, grade or pave,

chat or gravel such alley in the manner that may be required by the

ordinances of the municipality. Where any railway company crosses

any street that is being or has been paved, the governing body may

require the railway company to pave so much of the street as may be

occupied by its track or tracks and two (2) feet on each side, and

when more than one track crosses the street within a distance of one

hundred (100) feet, measuring from inside rail to inside rail, the

railway company shall grade, gutter, drain, curb, pave, chat or

gravel, or improve between its tracks in the same manner as the

municipality may be improving or has improved the other portion of

the street. Provided however, any municipality may, at the time of

the construction of the tracks, the granting of any street railway

franchise, or at the time of the publication of the resolution,

waive any or all of the requirements of this section if it deems it

to be in the best interests of the municipality to do so.
Okla. Stat. tit. 11, § 11-26-107 — OK Code / Title 11 / Section 11-26-107
Powers and duties of cemetery trustees
Status: in_force

The board of cemetery trustees shall have charge of and control

of the municipal cemetery, and shall be authorized to:

Oklahoma Statutes - Title 11. Cities and Towns Page 235

1. Make rules and regulations governing the management,

improvement and establishment of the cemetery;

2. Fix the price for which lots shall be sold or for which an

interment shall be made; and

3. Appoint all officers necessary for the control and

management of cemeteries, including a cemetery superintendent,

subject to the approval of the municipal governing body.
Okla. Stat. tit. 11, § 11-42-104 — OK Code / Title 11 / Section 11-42-104
Hearing and determination - Extent of relief
Status: in_force

A. If the applicant for vacation produces to the court

satisfactory evidence that the service of notice, mailing, and

notice of publication required by Section 42-103 of this title has

been given, the court shall proceed to hear and determine the

application as well as any objections thereto.

B. If the application shall be for the vacation of the entire

plat, and no owner of any portion thereof or the holder of a

Oklahoma Statutes - Title 11. Cities and Towns Page 462

franchise or other special right or privilege shall appear and

object to such vacation, the entire plat may be vacated. If it

shall appear that portions of the plat are not used or required for

county or municipal purposes, or for the holder of a franchise or

other special right or privilege, as platted, the court may vacate

such portions thereof as will not injuriously affect the rights of

owners of other portions of the plat or the public.

C. If the application shall be by the owner of a portion of the

platted tract for the vacation of such portion only, or for the

vacation of a street, alley, easement or portion thereof abutting

such portion, the court may vacate such portion or abutting street,

alley, easement or portion thereof as will not injuriously affect

the rights of owners of other portions of the plat or the public if

it shall appear that:

1. The portion or abutting street, alley, easement or portion

thereof desired to be vacated is either not used or not required for

county or municipal purposes or for the use of the holder of a

franchise or anyone having a special right or privilege granted by

ordinance or legislative enactment; and accordingly, said street,

alley, easement or portion thereof has been closed to the public by

enactment of any ordinance or resolution;

2. The platted street, alley, easement or portion thereof on or

across such portion has never been used by the public; or

3. The public has for more than ninety (90) days abandoned such

by nonuser, or that the same has been enclosed and occupied

adversely to the public for more than ninety (90) days, and that

application has been made to the governing body of the county or

municipality where the property is located at least ninety (90) days

prior to the filing of the application for vacation in the district

court for an ordinance or resolution closing the street, alley,

easement or portion thereof to public use, but the governing body

has failed, refused or neglected to enact such an ordinance or

resolution.
Okla. Stat. tit. 11, § 11-15-108 — OK Code / Title 11 / Section 11-15-108
Consideration of initiative petitions by governing body
Status: in_force

- Submission to voters.

When an initiative petition demands the enactment of an

ordinance or resolution, the mayor shall present the petition to the

municipal legislative body at its next meeting. If the petition is

not granted more than thirty (30) days before the next general

municipal election or biennial or special town meeting if the

municipality is subject to the Oklahoma Town Meeting Act, the mayor

shall submit the ordinance or act so petitioned to the registered

voters of the municipality at the next general municipal election or

biennial town meeting, whichever is appropriate.
Okla. Stat. tit. 11, § 11-40-101 — OK Code / Title 11 / Section 11-40-101
Short title
Status: in_force

This act shall be known and may be cited as the "Neighborhood

Redevelopment Act".
Okla. Stat. tit. 11, § 11-56-103 — OK Code / Title 11 / Section 11-56-103
Applicability
Status: in_force

A. The Municipal Campaign Finance and Financial Disclosure Act

shall apply only to municipalities with a population of more than

ten thousand (10,000) according to the most recent Federal Decennial

Census and a general fund expenditure budget in excess of Ten

Million Dollars ($10,000,000.00) in the fiscal year in which the

municipal elections are held.

B. A municipality described in subsection A of this section may

enact a comprehensive code of campaign finance and personal

financial disclosure ordinances, including provisions for

Oklahoma Statutes - Title 11. Cities and Towns Page 705

enforcement thereof, in which case the Municipal Campaign Finance

and Financial Disclosure Act shall not apply to the municipality. A

municipality described in subsection A of this section may contract

with an interlocal entity operating under the Municipal Campaign

Finance Disclosure for Exempted Municipalities Act and the

municipality may alternatively follow the provisions of the

Municipal Campaign Finance Disclosure for Exempted Municipalities

Act when they have adopted their own comprehensive code of campaign

finance and personal disclosure ordinances as authorized under this

act. Any municipality enacting such a code shall file a notice of

its action with the Ethics Commission, which shall have no

enforcement responsibilities under the code.
Okla. Stat. tit. 11, § 11-17-216 — OK Code / Title 11 / Section 11-17-216
Supplemental appropriations to funds - Amendment of
Status: in_force

budget.

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

appropriations to any fund up to the amount of additional revenues

which are available for current expenses for the fund due to:

1. Revenues received or to be received from sources not

anticipated in the budget for that year;

2. Revenues received or to be received from anticipated sources

but in excess of the budget estimates therefor; or

3. Unexpended and unencumbered fund balances on hand at the end

of the preceding fiscal year which had not been anticipated or

appropriated in the budget. Any appropriation authorizing the

creating of an indebtedness shall be governed by the applicable

provisions of Article 10 of the Oklahoma Constitution.

B. 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 in a particular fund to meet the

requirements of appropriation for the fund, the governing body shall

take action as it deems necessary. For that purpose, it may amend

the budget to reduce one or more appropriations or it may amend the

budget to transfer money from one fund to another fund, 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 fund except as may be permitted by the

terms of the bond issue or applicable law.

C. 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, § 11-49-117.3 — OK Code / Title 11 / Section 11-49-117.3
Transferred credited service - Computation of
Status: in_force

purchase price.

A. The State Board shall adopt rules or procedures for

computation of the purchase price for transferred credited service.

These rules or procedures shall base the purchase price for each

year purchased on the actuarial cost of the incremental projected

benefits to be purchased. The purchase price shall represent the

present value of the incremental projected benefits discounted

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

projected benefits shall be the difference between the projected

benefit said member would receive without purchasing the transferred

credited service and the projected benefit after purchase of the

transferred credited service computed as of the earliest age at

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

assume an unreduced benefit and be computed using interest and

mortality assumptions consistent with the actuarial assumptions

Oklahoma Statutes - Title 11. Cities and Towns Page 579

adopted by the Board of Trustees for purposes of preparing the

annual actuarial evaluation.

B. A member wishing to purchase transferred credited service

from another retirement system must be an active paid member at the

time of purchase and must have been an active paid member for a

minimum of thirty (30) months so as to establish an adequate salary

history for the computation of the purchase price of transferred

credited service. Upon application by an eligible member to

purchase transferred credited service, the State Board shall provide

the member with a computation of the purchase price for transferred

credited service. The computed purchase price shall be good for

ninety (90) days from the date the computed purchase price is

provided to the member and, except as otherwise provided in

subsection F of this section, must be paid within such ninety-day

period. After the expiration of the ninety-day period without

payment by the member, or payment commencing as provided in

subsection F of this section, the member must reapply to purchase

transferred credited service, a new purchase price must be computed

and provided to the member by the State Board, and a new ninety-day

period shall commence.

C. Transferred credited service shall be taken into account

only if payment is received prior to the commencement of benefits,

except as otherwise provided in subsection F of this section.

D. Members who pay the purchase price in cash by the due date

described in subsection B of this section may make payment by:

1. A trustee-to-trustee transfer of non-Roth funds from a Code

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

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

maintained by an eligible employer described in Code Section

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

that after-tax funds in retirement plans shall not be used to

purchase transferred credited service;

2. A direct rollover of tax-deferred funds from a Code Section

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

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

maintained by an eligible employer described in Code Section

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

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

Retirement Account or Annuity (IRA), provided that Roth accounts,

after-tax funds in retirement plans or IRAs, and Coverdell Education

Savings Accounts shall not be used to purchase transferred credited

service; or

3. Certified check.

A combination of payment methods described in paragraphs 1 through 3

of this subsection may be used.

The State Board shall promulgate such rules or procedures as are

necessary to implement the provisions of this subsection.

Oklahoma Statutes - Title 11. Cities and Towns Page 580

E. Members amortizing the purchase price and making amortized

payments by payroll deduction on an after-tax basis, pursuant to

subsection F of this section, shall have the option of making a cash

payment for the balance of the actuarial purchase price with

interest due through the date of payment by:

1. A trustee-to-trustee transfer of non-Roth funds from a Code

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

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

maintained by an eligible employer described in Code Section

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

that after-tax funds in retirement plans shall not be used to

purchase transferred credited service;

2. A direct rollover of tax-deferred funds from a Code Section

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

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

maintained by an eligible employer described in Code Section

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

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

Retirement Account or Annuity (IRA), provided that Roth accounts,

after-tax funds in retirement plans or IRAs, and Coverdell Education

Savings Accounts shall not be used to purchase transferred credited

service; or

3. Certified check.

A combination of payment methods described in paragraphs 1 through 3

of this subsection may be used.

F. In the event that the member does not pay the purchase price

provided for in this section by the due date established in

subsection B of this section as provided for in subsection D of this

section, the State Board may permit the member to amortize the

purchase price over a period not to exceed sixty (60) months or

other method approved by the State Board. Such amortized payments

shall be made by payroll deductions on an after-tax basis and shall

not be picked up by the member's employer. The amortized payments

shall include interest at a rate not to exceed the actuarially

assumed interest rate adopted by the State Board for investment

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

terminates, retires or dies before completing the payments provided

for in this section shall receive transferred, credited service

prorated for only those payments made, not including interest,

unless the unpaid balance, including interest, is paid by the

member, the member's surviving spouse, the member's beneficiary, or

the member's estate or successor in interest within ninety (90) days

of the first to occur of said member's termination, retirement, or

death; provided that no retirement benefits shall be payable until

the earliest of the date the unpaid balance is paid in full or

ninety (90) days after the first to occur of the member's

termination, retirement, or death.

Oklahoma Statutes - Title 11. Cities and Towns Page 581

G. The State Board shall promulgate such rules or procedures as

are necessary to implement the provisions of this section.
Okla. Stat. tit. 11, § 11-14-103 — OK Code / Title 11 / Section 11-14-103
Effective date of municipal ordinances - Emergency
Status: in_force

measures.

Every ordinance except an emergency ordinance shall go into

effect thirty (30) days after its final passage unless it specifies

a later date. An emergency measure necessary for the immediate

preservation of peace, health, or safety shall go into effect upon

its final passage unless it specifies a later date. Such an

emergency measure must state in a separate section the reasons why

it is necessary that the measure become effective immediately. The

question of emergency must be ruled upon separately and approved by

the affirmative vote of at least three-fourths (3/4) of all the

members of the governing body of the municipality.
Okla. Stat. tit. 11, § 11-24-103 — OK Code / Title 11 / Section 11-24-103
Creation of the Authority
Status: in_force

Creation of the Authority. There is hereby created within the

State of Oklahoma a power authority to be known as "Oklahoma

Municipal Power Authority". Said Authority shall be, and is hereby

declared to be a state governmental agency, body politic and

corporate, with powers of government and with authority to exercise

the rights, privileges and functions hereinafter specified.

Nothing in this act or in any other act or law contained,

however, shall be construed as authorizing the Authority to levy or

collect taxes or assessments, or to create any indebtedness payable

out of the taxes or assessments, or in any manner to pledge the

credit of the State of Oklahoma, or any subdivision thereof.
Okla. Stat. tit. 11, § 11-49-114 — OK Code / Title 11 / Section 11-49-114
Members entitled to benefits for disability or loss of
Status: in_force

life.

Oklahoma Statutes - Title 11. Cities and Towns Page 574

Any member serving in any capacity in a regularly constituted

fire department of a municipality of this state who shall become

physically or mentally disabled as provided in Section 49-109 of

this title, or shall lose his life as provided in Section 49-112 of

this title, where said disability or loss of life was occasioned in

fighting or preventing fires or in carrying out any order or

direction of the chief or acting chief of said department shall be

entitled to all of the benefits authorized by said sections.
Okla. Stat. tit. 11, § 11-16-103 — OK Code / Title 11 / Section 11-16-103
General municipal elections - When held
Status: in_force

General municipal elections shall be held in cities and towns on

the first Tuesday in April in each odd-numbered year.
Okla. Stat. tit. 11, § 11-9-115 — OK Code / Title 11 / Section 11-9-115
Merger or consolidation of city offices
Status: in_force

The governing body may combine, merge, or consolidate by

ordinance any of the various offices of city government as it deems

necessary and convenient for the administration of the affairs or

government of the city. Any consolidation of elected city offices

shall go into effect at the end of the term of office of those

officers whose offices are consolidated or when a vacancy occurs in

one of the offices to be consolidated. An ordinance consolidating

offices must be enacted at least thirty (30) days prior to the date

of the next municipal primary election.
Okla. Stat. tit. 11, § 11-22-107.2 — OK Code / Title 11 / Section 11-22-107.2
Sellers of video services
Status: in_force

A. Unless otherwise specifically prohibited by law, a seller of

video services may assess a late fee on delinquent accounts having

an unpaid balance of Twelve Dollars ($12.00) or more.

B. The seller of video services shall conspicuously disclose,

in the contract for service and on each statement or invoice, the

terms on which a late fee may be assessed by the seller including

the amount of the fee.

C. No late fee shall be assessed which exceeds Six Dollars

($6.00) or five percent (5%) of the unpaid amount, whichever is

greater.

D. Prior to collecting a late fee, the seller shall give notice

to the customer by first class mail to the customer's last known

billing address as shown on the records of the seller of the amount

of the delinquency at least ten (10) days prior to the date the fee

will be imposed. The notice shall conspicuously state the place and

address for making payment, the date on which the late fee will be

imposed, and the amount of the late fee.
Okla. Stat. tit. 11, § 11-36-205 — OK Code / Title 11 / Section 11-36-205
Notice of resolution of necessity - Publication and
Status: in_force

mailing.

A. The resolution of necessity shall be published in six (6)

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

issues of a weekly newspaper, which newspaper shall be of general

circulation in the municipality.

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

hearing on the proposed improvement, as set forth in the resolution

of necessity, the clerk shall notify each listed owner of lots or

tracts of land within the district as shown by the current year's

tax rolls in the county treasurer's office in the following manner:

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

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

the initiation of proceedings and advising him that his property

will be liable to assessment and referring him to the newspaper and

issues thereof in which the resolution is or will be published for

further particulars; or

Oklahoma Statutes - Title 11. Cities and Towns Page 327

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

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

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

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

included in the same notification.

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

of the clerk which shall be filed in his office. However, the

failure of any one or more of the listed owners to receive the

notification shall not invalidate any of the proceedings hereunder.
Okla. Stat. tit. 11, § 11-37-104 — OK Code / Title 11 / Section 11-37-104
Acquiring lands - Protection from contamination
Status: in_force

Any municipality may purchase or condemn and hold the perpetual

right to use any lots or lands, either within or without the

Oklahoma Statutes - Title 11. Cities and Towns Page 369

corporate limits of the municipality, which the municipal governing

body determines by resolution to be necessary for acquisition by the

municipality in order to locate and build or enlarge, at the time or

in the future, waterworks and every auxiliary part thereof,

including reservoir site or sites to be flooded, and the lands

adjacent thereto and within six hundred sixty (660) feet of the

margin of the reservoir at maximum high water. The governing body

may protect from possible contamination or pollution and police any

such lands in order to protect any reservoir already constructed or

proposed to be constructed or enlarged as a part of any municipal

waterworks plant or water supply, the waters thereof, and the waters

flowing therein or percolating or seeping thereto. The property and

land so acquired before and after the passage of this subarticle,

insofar as such lands are within six hundred sixty (660) feet of the

margin of a reservoir at maximum high water and necessary for

natural drainage into the reservoir, shall not be used by the

municipality, its lessees or assigns, or other persons or

corporations, for any purpose other than the protection of the

reservoir and the waters thereof from contamination and pollution.

No structures shall be placed on such lands by the municipality,

individual or corporation, except as are necessary in the

furtherance of the protection of the reservoir from contamination or

pollution, and in the use of the water.
Okla. Stat. tit. 11, § 11-49-113 — OK Code / Title 11 / Section 11-49-113
Death of firefighter for any cause - Payment of
Status: in_force

benefits to beneficiaries.

A. 1. In the event of the death of a firefighter who at the

time of the firefighter's death was drawing a pension, other than a

disability pension, or who at the time of the firefighter's death

(whether death occurred while on duty, but not in or in consequence

of the performance of duty, or while on vacation or off duty) was

eligible, upon written request, to retire and draw a pension, other

than a disability pension, the beneficiary of such person shall be

paid an amount not to exceed one hundred percent (100%) of said

pension.

2. In the event of the death of a firefighter who at the time

of the firefighter's death was drawing, or eligible to draw, a

disability pension for a physical or mental disability that occurred

while in, or in consequence of, the performance of the firefighter's

duty, and which prevented the effective performance of the

firefighter's duties, and which caused the State Board to retire the

firefighter from active service, the beneficiary of such person

shall be paid an amount not to exceed one hundred percent (100%) of

the pension paid in accordance with subsection A of Section 49-109

of this title.

3. In the event of the death of a firefighter who at the time

of the firefighter's death was drawing, or eligible to draw, a

disability pension for a physical or mental disability from causes

not arising in the line of duty and which prevented the effective

performance of the firefighter's duties, the beneficiary of such

person shall be paid an amount not to exceed one hundred percent

(100%) of the pension paid in accordance with subsection C of

Section 49-109 of this title.

Oklahoma Statutes - Title 11. Cities and Towns Page 569

4. If a firefighter, who does not have a surviving beneficiary,

and to whom a retirement or disability benefit has been awarded, or

who is eligible therefore, dies or, if later, the last surviving

beneficiary dies, prior to receiving payments equal to or greater

than the total contributions made by the employee, as defined in the

next sentence, then a payment shall be made to the member's estate

or, if applicable, the last surviving beneficiary's estate equal to

the total contributions made by the employee minus the payments made

including payments made, or to be made, from the Deferred Option

Plan but excluding the death benefit pursuant to Section 49-113.2 of

this title. The total contributions made by the employee for

purposes of the prior sentence shall mean the sum of:

a. the member's accumulated contributions,

b. payments made to repurchase credited service pursuant

to Section 49-117.1 of this title,

c. 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,

and

d. payments made to purchase prior military service

credit pursuant to subsection E of Section 49-138 of

this title.

Total contributions, as used in this paragraph, shall exclude

interest earned or paid with respect to any contribution or payment

described in subparagraphs a through d of this paragraph.

5. Any person eligible to receive a payment pursuant to this

section may make an election to waive all or a portion of monthly

payments.

B. In the event of the death of the surviving spouse, the

pension shall cease, and should there then be but one living child

same shall receive an amount equal to one hundred percent (100%) of

said pension, but if there then be more than one living child, one

hundred percent (100%) of said pension shall be divided equally

between the children until each child reaches the age of eighteen

(18) years or until the age of twenty-two (22) years if the child is

enrolled full time and regularly attending a public or private

school or any institution of higher education. Provided, that in

the event the State Board finds that such a child who is not married

at the time of death of the member or the member's surviving spouse

and who at the time the child attains or attained the age of

eighteen (18) years is either physically or mentally disabled, the

pension thereof shall continue so long as such disability remains;

provided, that upon the death of the firefighter and surviving

spouse, if any, said physically or mentally disabled child shall be

entitled to have paid to the child's trustee of a trust, whether

inter vivos or testamentary, which trust provides for the receipt of

the pension benefits to be held and administered for the sole

Oklahoma Statutes - Title 11. Cities and Towns Page 570

benefit of said physically or mentally disabled child, or if there

is no trust, to the child's legally appointed guardian, an amount

not to exceed one hundred percent (100%) of said pension. The money

so paid to the guardian or trustee shall be used solely for the

benefit of the disabled child and it shall be reported annually to

the State Board. A child shall not be considered disabled if the

child is able to pursue a remunerative occupation, with the

remuneration being reasonably substantial rather than merely

nominal. The payment so provided shall be calculated after payments

have been made to all eligible children as provided in this section;

provided further, that beneficiaries now receiving pensions under

the provisions of Sections 49-112 or 49-113 of this title shall,

upon application to the State Board, thereafter be entitled to a

pension equal to the amount which they would have received if this

act were in effect at the time the right to said pension accrued.

C. In the event a surviving spouse of a member remarried prior

to June 7, 1993, the surviving spouse shall be eligible to receive

the pension benefits provided for in this section. To receive the

pension benefits provided for in this section the surviving spouse

falling within this section shall submit a written request for such

benefits to the Oklahoma Firefighters Pension and Retirement System.

The Oklahoma Firefighters Pension and Retirement System shall

approve requests by surviving spouses meeting the requirements of

this section. Upon approval by the Oklahoma Firefighters Pension

and Retirement System, the surviving spouse shall be entitled to the

pension benefits provided for in this section beginning from the

date of approval forward. Pension benefits provided to surviving

spouses falling within this section shall not apply to alter any

amount of pension benefits paid or due prior to the Oklahoma

Firefighters Pension and Retirement System's approval of the

remarried surviving spouse's written request for benefits.

D. No surviving spouse shall receive benefits from this

section, Section 50-117 of this title, or Section 2-306 of Title 47

of the Oklahoma Statutes as the surviving spouse of more than one

member of the Oklahoma Firefighters Pension and Retirement System,

the Oklahoma Police Pension and Retirement System, or the Oklahoma

Law Enforcement Retirement System. The surviving spouse of more

than one member shall elect which member's benefits he or she will

receive.

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

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

shall be made to the beneficiary of the member or to the member's

estate if there is no beneficiary. Such benefit payment shall be

made in an amount equal to a full monthly benefit payment regardless

of the day of the month in which the retired member died.

F. Upon the death of an unmarried firefighter, or a firefighter

whose spouse does not meet the qualifications of beneficiary who has

Oklahoma Statutes - Title 11. Cities and Towns Page 571

one or more children, said child or children shall receive pension

benefits as provided in subsection B of this section as if the

surviving spouse had died; provided, that upon the death of the

firefighter, said child or children shall be entitled to have the

System pay to the child's or children's trustee of a trust, whether

inter vivos or testamentary, which trust provides for the receipt of

the pension benefits to be held and administered for the sole

benefit of said child, or if there is no trust, to the child's or

children's legally appointed guardian, the pension benefits as

provided in subsection B of this section in an amount not to exceed

one hundred percent (100%) of said pension. The money so paid to

the guardian or trustee shall be used solely for the benefit of the

child and it shall be reported annually to the State Board.
Okla. Stat. tit. 11, § 11-9-102 — OK Code / Title 11 / Section 11-9-102
Governing body
Status: in_force

The governing body of a statutory aldermanic city shall consist

of the mayor, who is elected at large, and one or two councilmembers

from each ward of the city. The governing body may submit to the

voters the question of whether one or two councilmembers shall be

elected from each ward. If approved, the change shall become

effective for the next regular municipal election which shall be

conducted in accordance with the provisions of Section 16-202 or 16-

204 of this title, whichever is applicable.
Okla. Stat. tit. 11, § 11-10-112 — OK Code / Title 11 / Section 11-10-112
City manager - Appointment by council
Status: in_force

The council shall appoint a city manager, a part-time city

manager, or a part-time city planner, pursuant to this act, by a

vote of a majority of all its members subject to the terms of

employment established by the council. It shall choose the city

manager, part-time city manager, or part-time city planner solely on

the basis of executive and administrative qualifications with

special reference to the actual experience in, or the knowledge of,

accepted practice in respect to the duties of the office. At the

time of appointment, the city manager need not be a resident of the

city or state; but during the tenure of holding office the city

manager shall reside within the boundaries of the city, the school

district or districts that overlap the city boundaries, or within

ten (10) miles of the city or school district. City managers, part-

time city managers, or part-time city planners may appoint

themselves, or the council or other authority may appoint or elect

the city manager, part-time city manager, or part-time city planner

to other offices and positions in the city government, subject to

regulations prescribed by ordinance; but the city manager, part-time

city manager, or part-time city planner may not receive compensation

for service in such other offices or positions. Neither the mayor

nor any members of the city council may be appointed city manager,

part-time city manager, or part-time city planner during the term

for which they shall have been elected nor within two (2) years

after they cease to hold such office.
Okla. Stat. tit. 11, § 11-12-110 — OK Code / Title 11 / Section 11-12-110
Town treasurer - Creation and duties - Compensation
Status: in_force

The town treasurer shall be an officer of the town. The town

treasurer shall:

1. maintain accounts and books to show where and from what

source all monies paid to him have been derived and to whom and when

any monies have been paid; and

2. deposit daily funds received for the town in depositories as

the board of trustees may designate; and

3. 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 treasurer may be employed by the town to

perform duties not related to his position as town treasurer. The

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

ordinance.

The books and accounts of the town treasurer shall be subject at all

times to examination by the board of trustees.
Okla. Stat. tit. 11, § 11-27-126 — OK Code / Title 11 / Section 11-27-126
Costs and fees
Status: in_force

Except as provided in Section 14-111 of this title and subject

to other limitations or exceptions imposed by law, the municipal

governing body shall determine by ordinance the court costs and fees

that may be charged and collected by the clerk of the court. Court

costs shall not exceed the sum of Thirty Dollars ($30.00) plus the

fees and mileage of jurors and witnesses. The clerk of the court is

authorized to charge and collect the fees as determined by the

municipal body.
Okla. Stat. tit. 11, § 11-4-104 — OK Code / Title 11 / Section 11-4-104
Conduct of election - Ballots
Status: in_force

The election on the question of incorporation shall be conducted

in accordance with applicable election laws. The registered voters

of the proposed city shall vote on the question by separate ballot,

which shall be substantially in the following form: Shall the

________ (town, community, territory) of ________ become

incorporated as the city of ________ and operated under the

statutory ________ (name of proposed statutory form) form of city

government as provided by the laws of Oklahoma?

( ) Yes.

( ) No.
Okla. Stat. tit. 11, § 11-43-108 — OK Code / Title 11 / Section 11-43-108
Governing act in case of conflict
Status: in_force

Oklahoma Statutes - Title 11. Cities and Towns Page 476

Whenever the provisions of a statute, local ordinance or

regulation require a greater width or size of yards, courts or other

open spaces, or require a lower height of building or less number of

stories, or require a greater percentage of lot to be left

unoccupied, or impose higher standards than any other applicable

statute, local ordinance or regulation, then the provisions of the

statute, local ordinance or regulation which impose higher standards

or greater restrictions shall govern. In no event shall any

provision of this article apply to any property of any railway

company or terminal company. As used in this section, “terminal

company” shall include a qualified terminal as defined in Section

500.3 of Title 68 of the Oklahoma Statutes.
Okla. Stat. tit. 11, § 11-22-125 — OK Code / Title 11 / Section 11-22-125
Gifts to institutions in state system of higher
Status: in_force

education or to school districts.

The municipal governing body may make gifts of any real estate

belonging to the municipality to any institution in The Oklahoma

State System of Higher Education or to any school district, which is

located in the municipality. The municipal governing body may

purchase or otherwise acquire real estate for this purpose, execute

any instruments necessary for the transfer of real estate, and may

give buildings or monies for the construction of buildings to

institutions in the state system of higher education or any school

district in this state. The governing boards of such institutions

or school districts are hereby authorized to accept these gifts.
Okla. Stat. tit. 11, § 11-22-101.3 — OK Code / Title 11 / Section 11-22-101.3
Violations
Status: in_force

Any person convicted of violating any of the provisions of this

act shall be guilty of a misdemeanor.
Okla. Stat. tit. 11, § 11-17-102 — OK Code / Title 11 / Section 11-17-102
Payment of invoice or account - Petty cash accounts
Status: in_force

A. Any invoice against a municipality must be presented in

writing and examined in the manner provided by municipal ordinance

or in absence of such ordinance by other applicable law. The

municipal ordinance shall establish an internal control structure

adequate to provide reasonable assurance against unauthorized or

illegal payments of invoices. Except as otherwise provided for in

this subsection, monies may be drawn from the municipal treasury

only upon a proper warrant as provided by law. In lieu of issuing

such warrant, a municipality may process payment by check, wire

transfer, direct payroll deposit, or other instrument or method of

disbursement through the Federal Reserve System.

B. The warrant, check, or other instrument shall be prepared

and issued in accordance with procedures and requirements provided

by municipal ordinance or in absence of such ordinance, by other

applicable law. The municipal warrant or municipal check shall be

signed by the officer designated in the ordinance or in the absence

of such ordinance, by the municipal treasurer. The provisions of

state law on uniform facsimile signatures of public officials,

Sections 601 through 606 of Title 62 of the Oklahoma Statutes, shall

be applicable to instruments authorized by this section.

C. Unless alternate procedures have been enacted by municipal

ordinance and a majority or all of governing body offices in a

municipality become vacant, thereby preventing approval of amounts

Oklahoma Statutes - Title 11. Cities and Towns Page 109

lawfully owing on invoices, the interim mayor or the remaining

governing body members, as the case may be, may authorize emergency

payments of amounts owing on invoices for a period not to exceed

ninety (90) days after the date that a majority of the offices

become vacant or, if an election cannot be held within the ninety

(90) days in accordance with state law, until successors to at least

a majority of the governing body offices have been elected and

qualified. The interim mayor or the remaining governing body

members may also authorize payment of payroll, utility bills, or

other usual and regular obligations of the municipality. Any such

authorization and payment shall not exceed the unencumbered and

unexpended balance of the appropriation made for that purpose, nor

may the total amount of such emergency authorizations and payments

exceed fifteen percent (15%) of the total appropriations approved

for the town government for the fiscal year. Any warrant, check or

other instrument issued pursuant to this section shall state that it

is being issued under emergency circumstances and by special

authority of this section.

D. A municipality shall have the authority to establish petty

cash accounts in amounts established by the governing body for use

in making payments for costs incurred in operating the municipality.

The petty cash accounts shall be reimbursed by utilizing properly

itemized invoices or petty cash voucher slips and processing the

reimbursement in accordance with the provisions of subsection A of

this section.
Okla. Stat. tit. 11, § 11-42-115 — OK Code / Title 11 / Section 11-42-115
Validation
Status: in_force

Any and all judgments rendered prior to October 1, 1973, for the

vacation of a plat, public way or easement in actions that were

prosecuted in compliance with the law applicable at the time such

action accrued are hereby validated and declared to be legal and

valid; except that any action which was commenced prior to October

1, 1973, or any action accruing prior to October 1, 1973, which is

commenced prior to October 1, 1974, shall be determined according to

the law in effect at the time of the accrual of such action, and the

rights of the parties to such pending litigation or litigation

commenced prior to October 1, 1974, shall not be affected by the

provisions of this article.
Okla. Stat. tit. 11, § 11-26-108 — OK Code / Title 11 / Section 11-26-108
Cemetery expenses and collections
Status: in_force

All monies received by the board of cemetery trustees from the

sale of lots or from interments or from any other source shall be

paid daily to the municipal treasurer, who shall deposit the same in

the municipal treasury. Expenses incurred for the upkeep, repair,

and adornment of the municipal cemetery may be paid by the municipal

treasurer upon proper warrants.
Okla. Stat. tit. 11, § 11-38-114 — OK Code / Title 11 / Section 11-38-114
Sale or lease of real property - Obligations of
Status: in_force

purchasers or lessees - Owner participation agreements.

A. An Urban Renewal Authority may sell, lease or otherwise

dispose of or transfer real property or any interest therein

acquired by it at its fair value to a redevelopment corporation or

any other private person or persons, and may enter into contracts

with respect thereto, under reasonable negotiating procedures as may

be prescribed by the municipal governing body, for residential,

recreational, commercial, industrial or other uses or for public

uses, or may retain such property for public use, in accordance with

the urban renewal plan. The sale, lease or other disposition or

transfer of real property or interest therein may be subject to such

covenants, conditions, and restrictions, including covenants running

with the land, as the Urban Renewal Authority may deem to be

necessary or desirable to assist in preventing the development or

spread of future blight or to otherwise carry out the purposes of

this article; provided that such sale, lease, disposition, transfer

or retention, may be approved by the municipal governing body and

may be made only after approval of the urban renewal plan by the

municipal governing body. A copy of the agreement or agreements

related to the sale, lease, disposition or transfer shall be filed

as a public record with the clerk of the municipality and the county

clerk of the county in which the situs of the municipality is

located.

B. The municipality may transfer real property necessary and

convenient to the execution of an approved urban renewal plan, or

any interest therein, acquired by it, to the Urban Renewal Authority

or a redevelopment corporation established under the provisions of

this article. The transfer of real property or any interest therein

to the Urban Renewal Authority shall be on such terms as may be

deemed to be desirable and in the public interest. Such property,

or interest therein, transferred to a redevelopment corporation

shall be at its fair values for uses in accordance with an approved

urban renewal plan. Any such transfer of real property or interest

therein shall be by agreement to be executed only after approval of

the urban renewal plan by the municipal governing body. A copy of

the agreement or agreements related to such transfer of real

property shall be filed as a public record with the clerk of the

municipality and the county clerk of the county in which the situs

of the municipality is located.

C. Purchasers or lessees of real property in an urban renewal

area and their successors and assignees shall be obligated to devote

such real property only to the uses specified in the urban renewal

plan, and may be obligated to comply with such other requirements as

the Urban Renewal Authority or the municipal governing body may

determine to be in the public interest, including but not limited to

the obligation to begin and complete within a reasonable time any

Oklahoma Statutes - Title 11. Cities and Towns Page 416

improvements on such real property required by the urban renewal

plan. The Urban Renewal Authority or municipality may require an

appropriate performance bond to insure compliance with such

requirements.

D. In determining the fair value of real property for uses in

accordance with the urban renewal plan, the Urban Renewal Authority

or the municipality, whichever the case may be, shall take into

account and give consideration to the uses provided in such plan;

the restrictions upon and the covenants, conditions and obligations

assumed by the purchaser or lessee or by a public body or public

agency retaining the property, and the objectives of such plan for

the prevention of the recurrence of blighted areas. The Urban

Renewal Authority in any instrument of conveyance to a private

purchaser or lessee or the municipality in any instrument of

conveyance to a redevelopment corporation may provide that such

purchaser or lessee shall be without power to sell, lease or

otherwise transfer the real property without prior written consent

until such purchaser or lessee has completed the construction of any

or all improvements which such purchaser has obligated himself to

construct thereon. Real property acquired for urban renewal

purposes by the municipality or the Urban Renewal Authority shall be

transferred as rapidly as feasible in the public interest consistent

with the carrying out of the provisions of the urban renewal plan to

a redevelopment corporation or other private person or persons. The

urban renewal plan, or such part or parts of such plan as the Urban

Renewal Authority or the municipality may determine, may be recorded

in the land records of the county in such manner as to afford actual

or constructive notice thereof.

E. An Urban Renewal Authority or a municipality may operate and

maintain, during the project development stage, real property

acquired in an urban renewal area pending the disposition of the

property as authorized in this article, for such uses and purposes

as may be deemed desirable even though not in conformity with the

urban renewal plan.

F. The urban renewal plan may provide that the owners of record

of lands within the urban renewal project at the time of project

execution, if the Urban Renewal Authority deems it feasible and

finds that such owners of record are financially and otherwise

qualified, may retain their land and participate in the renewal or

redevelopment of the project area. In every such case, the Urban

Renewal Authority shall enter into an owner participation agreement

with such owner or owners, which agreement shall provide that the

owner agrees to carry out the purposes of the urban renewal plan, to

devote such property to uses specified in the urban renewal plan,

and shall contain provisions deemed to be necessary or desirable to

assist in preventing the development or spread of future blight or

to otherwise carry out the purposes of this article. Such agreement

Oklahoma Statutes - Title 11. Cities and Towns Page 417

shall contain such requirements as the Urban Renewal Authority may

determine to be in the public interest, including the obligation to

begin and complete within a reasonable time any improvements,

necessary remodeling modification of any existing structure or

structures on the real property required by the urban renewal plan.

The Urban Renewal Authority may require an appropriate performance

bond to insure compliance with such requirements. In all other

respects, the owner participation agreement shall be consistent with

and make requirements similar to the conditions to sale developed

for similar property in the same project.
Okla. Stat. tit. 11, § 11-47-119 — OK Code / Title 11 / Section 11-47-119
Use of certain private roadways - Dedication, repair
Status: reserved

and maintenance of roadways - Building permits.

A. A municipality situated in three or more counties which

contains large areas of rural land not served by water and sewer

facilities by the municipality shall recognize and permit the use of

private roadways in either platted or unplatted areas consisting of

ten (10) acres or less and shall issue building permits to owners of

property abutting upon the private roadways without complying with

standards as provided for dedicated streets under the following

conditions:

1. The private roadway easement shall be at least fifty (50)

feet in width;

2. The property abutting the private roadway shall contain not

less than two (2) acres;

3. The property shall be more than one-fourth (1/4) mile from

sewer and water facilities furnished by the municipality;

4. The private roadway shall not be dedicated to the public but

reserved for future dedication and, until such future dedication, be

the private roadway of the abutting property owners;

5. The private roadway shall be maintained by the owners of the

property within the subdivision;

6. The municipality shall have no responsibility for the

maintenance and repair of the private roadway;

7. If the property is platted, there shall be emblematized on

the face of the plat, clearly conspicuous, a notice that the streets

and drives have not been dedicated to the public, and that the

streets shall be maintained by the private property owners within

the subdivision, but that the streets shall always be open to

police, fire, and other official vehicles of all state, federal,

county, and municipal agencies;

8. Every deed shall clearly acknowledge that the roadway is

private and not maintained by the municipality; and

9. Prior to the sale of any parcel in the subdivision, a

conspicuous sign shall be posted at the entrance to the subdivision:

"Private roadway not maintained by __________ (the municipality)".

At any time after the municipality recognizes and permits the use of

such private roadway, a petition of at least sixty percent (60%) of

the owners, in area, to improve and dedicate the street shall bind

all of the owners thereby, to permanently improve the street or

roadway in compliance with the requirements of the municipality.

All other ordinances and planning commission regulations pursuant to

the provisions of this article relating to subdivisions not in

conflict herewith shall be applicable in such cases.

B. Multiple subdivisions divided into contiguous ten-acre

tracts shall not qualify for the private road exemption provided for

in subsection A of this section.

Oklahoma Statutes - Title 11. Cities and Towns Page 507