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6A)$!*$ "/*'=*#7
6,/=*
6#$/=*
6,$-$',! !"$"
6($! =*"&!%0 '
61+",)$=*'! &
625,%$/=*"
660" */,&% ! &0'-, &"
67B$*$ *!"! =*
6$ '!'$*-/,) !*!+$=*/*) -"$=*5"!& $ #
60"  *! % &! *$! , &"#
65"!& $ /,) !*!+$=*#
6#:!0!'0)"! ""$*%!"3!,) !*!+$!->*+ " ! "B!$ "
,+-"/ $ *!$! ") "
6 ")$3!'&$ !C$ * ')*(
6(:/""! $"%!*" '+ ' * $*+"),+ 2
61:$,*!-,$ $&+$ 2
7$)-$',$ !*/,/&% , 2
7@% ! &0'-2
7#A)$!*$ "/&% ! &0'-,,0"6
7$-)"$"+"!' /*) *!6
7($-)"$"*!/>*)%=*6
71$-!& ! &'! $ *"B+37
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76:3"%"'! *) *!"!& $'+3"7
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7B$*$ *-! =*/,$-(
7!-*D$ $ '')",+ "$ (
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71,+ "$ /*%=*"(
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1:3"%"'! *) *!"!& $'+3"(
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"!& $ /$* &*!-,$ $&(1
()"+ "! ,%$/*!-,$ $&(1
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2!-*D$ $ '')",+ "$ (2
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7+$, "! *)''! *) *!,$ $&&% , (6
++! , "$ ',%$"(6
!-=*!$"$ ',+-")"+ "! ,%$)**"""(6
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@% ! &0'-(7
#A)$!*$ "/&% ! &0'-,,0"(7
* /%!*,$-)"(7
($-)"$"+"!' /*) *!,+$-*) *!+"!' (7
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1+*!$* "A)" "3!*,$-0")0,!4'7
1#+*!$* 0$:+$$ $ '$$ &, 7
1 ')*/"+*!$* "'/* &=*"7
1',$ !**!"3! *) *!,,0+3$'=*"0*'," 7(
1.!"* '! $',$ !**!"3! *) *!,,0+3$'71
1#',$ !**!"3!3*) *!,,0"+3$'=*"0*'," 71
1.!"* '! $',$ !**!"3!3*) *!,,0"+3$'H,"/
=*72
1(3 "=*"0*',"72
11.!"* '! 3 72
D$,$$)"!!"$ '3 " :$&
12',$ !**!"$ '3 "++! , /*$! =*!$"$?")0,!""! %
76
16) *!,$ $&*!"=*"0*',"76
17.!"* '! *) *!,$ $&*!-77
1 &,$-*) *!*!"=*"0*',"77
1.!"* '! " &,$-*) *!*!-77
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1#$ "! $+%!"! "/,) !*!+$!" ! * /,$ *3!& $* 
3 , &+*')
1#
1#) !*!+$!";)!''3 , &"* '! $ *+%!'! &
$ $%+*')5+$/'! $ *
1##!,/3 , &:)+"+*!$3 , &"
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/
2.) '""$0!", ! '"
2#.) '"$""!*$ /% )"$ '>+ '!)"
2.) '"+$ &"%#
2($ "//) >+ '')  *),0'$+++!$ !,!$ "  *),0$ *"
>+ '!)"#
21)++, $$+++!$ "/) '", ', /0)'&
22:)+"0$"'0)'& ! "(
26:)+"0$"'0)'&:*')"(
2#) !*!+$.!"*$,+$**.!"*$!,+$*"$, 1
6:*')/*$ &! &/,/&% , : &% ! &0'-")  2
6*  ;)" *2
6#<$"*$ /")"'6
68*%'$/ 3/,.!"* "$ "! /=*"6
6(5*'/*$ &6
7:*')/*$ &! & $,: &% ! &0'-") 7
7*  ;)" *7
7#<$"*$ /")"'7
75*'$ '+)0!*$ /*$ &7
5%!3/3$'"$?$*/'$* ")"#
:*')/++"! &3$'*$ &"#
#$ &"++"'0-&% ! &0'-*#
$ &$'+'0-! !$%+ #
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75+$'0-$3"1I '>""I*II,&89) 6I1#2
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( ! "66
(#)!-!"")*$! % )0 '"$ '0!&$ "!,!$ "67
(''! $")*"/"*)!-/)!-% )0!&$ "67
(()0,!""! /;)" /!"")$ */% )0!&$ " $ *$*;)!"! I
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(6@ $0!&$ 0 '" $)!C'3!)%/*!C "7
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17#
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#) !*!+$!-'/ ',) !*!+$,+-"! *$! &$$* "7(
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(D$,$) !*!+$ &- '+ ' **
() !*!+$ &-'!"!*$)!-)""
(#)""L, &"
()""L+3"$ '')"
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(2:$*!+$ ! +&$,5;)!, "
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16,->+ ""$ '** "
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2(:"*) "0-%!'*,+$! $ "/%!*$ ##
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22"/,!"',$ $=*%!$ $ +$D! &"$ '! &<$!#(
26.$!)$++$$**'! &,"/0 './!)#1
279)-!$"A)$!*$ "/G)"#2
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2."$ ',!$&/G)"$ '3! """#6
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
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67:"*) &=*"2
6=*/+)0!*'/ '6
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6#,, *, /+"*) -H:*')H*')/ "6
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6"/,!"',$ $=*%!$ $ +$D! &"$ '! &<$!(
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66 &)$+$ '$3 (
67+*!$+$ (
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6!$*D!,! $*)"0"%*$! !'$-"(#
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"  *(
6,+!" , /  +$-, / $ '*"":" ") $0+$-(
6(""((
61.! "$ '*""!"+"! ((
62< '//!)((
66++$"(1
7@ $+3"(1
7.!*!/)"A)$!*$ "*%!-+/,"(1
7#.!&"3$++! '(2
7#.!&"H!,! $!"-*'"**D.! &+! "(2
7 )/=*(2
7:$!''+$,  ! (2
7() !*!+$!"$ '+* '!"!*" $*"(2
71 $*""+* &+* (6
72.!&"3D! &)"!'!,!",+ "$ : "! /) '(6
76.!'+$, $ "3! &*$")"!'*+$!,!"* "!''$& /"$
!$0!!-/'$,$&"(7
77) !*!+$!"+,!4'* $*/+* (7
7*  ;)" /* $* &/+* "%!*"(7
7<$$ %$""/) "$ '") /&% ! &0'-1
75*'! &$ '! &/") "1
7#.!+* "%!*",>*'*) %/"%!*1
7$! &"&% , $,+-"$ ',,0"/D$,$
.!&": "! $ '5, -",1
7(:)0!*$ /! *,"""$, $ '0$$ *"1
7D$,$B) .!&"*:)+"1
7 ! "1
7#!C/%) '+$, 1
7! !,),)"$ '&)$ "/%) '+$, 1
7(5+$'0-$3"I*I1#I8%I1
71"';)!+, 1
7# ! "1(
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7#B) .!&5*& ! :&$,11
#"$0!", /,) !*!+$"+!$".! $ *!$"$, $ '",$11
#"+!$0$'/* 11
##&$ !C$ /0$'12
#5)"$ '&)$ ">+ '!)"$ '*!+""+!$/) ':" 12
#( &">$,! $ ":*) !$-! "16
#1A)$!*$ "/ )""$ '$4 '$ ":-"!*!$ "$ '")& "16
#2 $ "16
#6@) '"$ '0)!'! &16
#7 )$+/0$'/* 16
D$,$$)"!!"$ '3 " :$&
#"$0!", /,) !*!+$!0$!".! $ *!$"$, $ '",$17
#!0$-0$'/'!*"17
##&$ !C$ /!0$-0$'17
#:3"$ '')"/!0$-0$'.!>! &//"2
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#1!0$-0$',$-!,+" "+ $"2
#2 $ "2
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# ! "2
#@ $+3"/,) !*!+$!-2
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"!,+%, "#
#1# ")* I!,+%, I+$!,$!  $ */,) !*!+$""#(
#1"/, -/,,/)>*!"$>$ ',%!*!* "$ '&!"$ $>
#(
#1(!& &/"$$ '/'$!&3$-"! ) ! *+$'$$"#1
#11)"/$!3$-"$"+$%! &$ '"!,+%, "#1
#12!'3$D" ")* 0-$!$'$! $ */!,+%, "#1
#16 *,+!$ *0-$!3$-! &3D$$!3$-E">+ "!  $!3$-++-
#2
#17$!%/+ $" '! ;) $"""", "#2
#1,+,!"/$"""", "$ '+ $"#6
#15") 3$!%! &+ $" !" *'#6
#1 ! "/,")"'#6
#1: /"!,+%, "0-3 "#6
#1#:!,! $-+$ "$ '*""/!,+%, @% ! &0'-$* #7
#1>$,! $ $ '$++%$/+$ "5") / *""!-#
#1(*/") / *""!-:)0!*$ $ ',$!! &#
#11:"",! $ /")=*! *-8*/+"" !,+%, #
#125!&/++-3 ! ")$* ! '!"!**)$!%/0G* "#
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#165") '! &!,+%, $!'+$ "I* $*E"0 '"#
#17'%", $ ' */++"$".!! &'$/")!"$* "##
#13$'/* $*&&&$*"#
#1.! $"$, /*""!& $ /$ '! !,+%, '!"!*5"#
#1++! , /$++$!"")":+$$ /$"""",  *)"!% ""
#(
#1#:+-*$&$03!*"5)"/$++ ! &*""#(
#1$! &/0G* " $"""", "!,/$! &*#2
#1($! &* $ '* ,$ /$++ , #2
#11""""! &'! $ * " ! "$, "! #6
#12$, /++-3 '0-,) !*!+$!-I*) ""*"#6
#16"""", *'#7
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! "$, "#7
#1*/,$)!-/! "$, "#7
#1* /+$-, "< '/*D+*!$/) '#
#1! ;) ! "$, "*$ *) -$")* /$>"$ '
+ $"#
#1#M &$"!'$"""", "!,!$  ")!"#
#1**+ &!,+%, "#
#1(5+$*, 0 '"5+$!"#
#115 3! &!,+%, "##
#12!,+%, '!"!*"!4 * " /$ '3 "##
#1#"")$ */ &$0*)+ 0 '"##
#1#5&!"$ /0 '"#
#1##< '+$-, $ '*$ *$ #(
#1#!%-/0 '"* $*#(
#1#( " )"0 '"$"+$-, /$"""", "#(
#1#1:$-, /'! ;) $"""", "0- '",  0 '"#1
#1#24, 03 ++-3 $ '0 ''5$*$ #1
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#1(1)!-E"$"$ '/"/+$*, /$3!""/$*!!-I")++")*))!-
+#2
#1(2>,+ /! %"3 '*!*)!"*+$%"#6
#1(6*%!"! !&/3$-H>*)"! /*$0+%!'"#6
#1(7N ! &I$ ')"I+$ ! &$ '+,!M &$)!->*)"! "#6
#1('! $ *I") "$ '$'$&, /$"I/"$ ',"#7
#1(9)!"'!* /'!"+)"H5$"+ '! &") #(
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#2 ! "#(
#2@ $+3"$"3$3D"$ '3$")++-#(
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#26,+-, / &! "*" *""$-/* I+$ $ '+$!#(
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#2>$,! $ $ '$++%$/+$ "5") / *""!-#12
#2*/") / *""!-:)0!*$ $ ',$!! &#12
#2#:""$! &.! '! &"$"* *)"!%$ '0! '! &#16
#25)"&$'! &+"")=*! *-#16
#2(5!&/++-3 ! ")$* ! '!"!**)#17
#215") '! &!,+%, $!'+$ "I* $*E"0 '"#17
#22'%", $ ' */++"$".!! &'$/")!"$ '$* "#2
#263$'! &/* $*&&&$*"#2
#27.! $"$, /*":+$! &$"""", #2
#2$! &/0G* " $"""", "!,/$! &*#2
#2* $ '* ,$ /$++ , #2
#2""""! &'! $ * " ! "$, "! "#2#
#2#$, /++-3 '0-,) !*!+$!-I*) ""*"#2#
#2"""", *'#2#
#2()'$/"! "$, :$-, /$"""", " " '! ;) 
! "$, "#2
#21* /+$-, "< '/*D+*!$/) '#2
#22! ;) ! "$, "*$ *) -$")* /$>"$ '
+ $"#2(
#26**+$ */3D$?*,+ ! $**'$ *3!+$ "#2(
#27"")$ */ &$0*)+ 0D"#21
#2#5&!"$ /0 '"#21
#2#< '+$-, $ '*$ *$ #22
#2#!%-/0 '"* $*#22
#2##5!&/$* /0 ''#22
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+! *!+$! " 0 '"6
D$,$$)"!!"$ '3 " :$&1
#6$! '*), "0$ ",!4'*) -*DI$""""$ '$")B$)$ 
/$++-6
#6#++ , /,!$&6
#7!$ 7
#7 ! "
#7#$ /!,+%, '!"!*":)+"  "
#7#''! $!,+%, '!"!*""""", "0G* ",! $ 
#7),0/""$$"! *)'':+-$""""'/!,+%, (
#7("""", "$&$! "++-3-3!! I+$-3!! 3-3!)+$-
3!)0) '$-/*!-%-! &$"""",  $*"/!,+%, "(
#71: ":!,! $-+$ "$ '",$"/*"5") "1
#72*/*$ /!,+%, '!"!*6
#76$! &" *$ /'!"!*:""$ '0G* "7
#773$'/* $*:$-, /* $*
#7++ , /*".) '! &")*"!,!$ /$"""", """", 
$! &" $"""", "
#7.!! &/0G* "$"""", $!%/0G* $! &"%-/$"""", 
'! $ *
#7"""", "5$ "! ;) +$-, "! "
#7#"/% )"
#7$ "//% )"& $/) '
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#7$/++-0-)"6
#7:)+"/$*6
6
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5'%+, +$ :*')/$'+ 7
(5+$'0-$3"776I*2II8%I776#
(:+"'+&$,+$ 5") *$ '$! &++%$0-,) !*!+$!-
#
15+$'0-$3"776I*2II8%I776#
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2++!*$ /!1I* 26##
65+$'0-$3"776I*2II8%I776##
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7 $ "$ '&$ ""3  +$','* %-$ *"!""I$-"I*
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$ '"$$'-$!')) '+!$3#7
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* /"! +$"$ '* %-$ *": '!"!**)
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* **+$"%!*/"),, "$ ' *
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(> /!/12
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19)!"'!* /&! $+$ ! &*,,!""! 2(
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75!&+ "! ,) (2
7:)*$"/*'!'"%!*(6
7$! %) "0* "!''+$!'&":-"!*$$ '$&!!-
;)!, ".!*!/;)$!*$ "(6
7 "!'$ $ >$ : "! !&"(7
7#*$&+ "! $ ', 0$'"(7
7&$ !C$ /0$'=*"5)"$ '=*"(
7( &"/*$0$'5*'/+*'! &"A)),(
7(5"+ "!0!!-/*$0$'%!3*$! $++!*$ "(
7(9! ! &"-",++!*$ /$=!$  "!'$ /"-","(
7(#) !*!+$!"* $* &3!+!%$ "+%!'+* (
715, 0 "$!%/0 "!*+$-, ! ")(
71D$,$.!&"/'+ :$ (
71!,!$ " 0 "$ &* (/  $5% )'/761 (7
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71)")"$ "/5)"(#7
71(!4 * /'!*+$-, " ! "5)"(
76B) &"3!""$ -$"E"%!*: "! !&"(
775, /'!"$0!!-5"$ "%!*!"$0!!- ! ! /')-(
7*$"/'!"$0!!-:"),+ "H'!*$%!' *$ '*'"(#
7,+$-"!*D ""'!"$0!!-((
7: "! "/""/!/(1
7#$/&/$ -*$)":$-, /0 "0 *!$!"(6
7#$0 ((
7,0" '0 "/'!"$0!!-""/!/((#
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72#$ "/'*'!'"%!*,+)$ /+)*$"+!*((2
76''! $+3"/$<$'((7
77$> ! ")$ *+,!),"/0 //) '+++!$ "((7
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* !0) "(1
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7#"""//) '"5!&$"""B$)$ (1#
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7# -"0+$!'%$<$'(1(
75+0-*D/"$"*"$"'+$, (1(
71: "! "$ '$3$ *">,+/,*$!,"""!& , "$ "/"%!'
>*+ "(11
76++$"(16
7#"/, -"/+$-, /+ "! "$ '0 "$ '$',! !"$ /
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7##"/, -/) $)!C'+)+""(17
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§11-1-101. Short title.
This act may be cited as the "Oklahoma Municipal Code."
Laws 1977, c. 256, § 1-101, eff. July 1, 1978.
§11-1-102. Definitions.
As used in the Oklahoma Municipal Code:
1. "Charter municipality" or "Municipality governed by charter"
means any municipality which has adopted a charter in accordance with
the provisions of the Constitution and laws of Oklahoma and at the
time of adoption of the charter had a population of two thousand
(2,000) or more. Once a municipal charter has been adopted and
approved, it becomes the organic law of the municipality in all
matters pertaining to the local government of the municipality and
prevails over state law on matters relating to purely municipal
concerns;
2. "City" means a municipality which has incorporated as a city
in accordance with the laws of this state;
3. "Governing body" or "Municipal governing body" means the city
council of a city, the board of trustees of a town, or the
legislative body of a municipality, as it may be defined by
applicable law or charter provision;
4. "Mayor" means the official head of the municipal government
as defined by applicable law or charter provision. The mayor is the
presiding officer of the governing body in all statutory forms of
municipal government, and is the chief executive officer in cities
having the statutory aldermanic and statutory strong-mayor-council
forms of city government;
5. "Municipality" means any incorporated city or town;
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6. "Officer or official" means any person who is elected to an
office in municipal government or is appointed to fill an unexpired
term of an elected office, and the clerk and the treasurer whether
elected or appointed. When "officer" or "official" is modified by a
term which refers to a personnel position or duty, the holder of the
position or duty is not an officer or official of the municipality
for any purpose;
7. "Ordinance" means a formal legislative act of a municipal
governing body which has the force and effect of a continuing
regulation and a permanent rule of conduct or government for the
municipality;
8. "Publish" or "Publication" means printing in a newspaper
which:
a. maintains an office in the municipality and is of
general circulation in the municipality. If there is no such
newspaper, then in any newspaper which is of general circulation in
the municipality; and
b. meets the requirements of a legal newspaper as
provided in Section 106 of Title 25 of the Oklahoma Statutes.
If there is no newspaper meeting the requirements as
provided for in this paragraph, the term publish or publication shall
mean posting a copy of the item to be published in ten or more public
places in the municipality. When a notice is required to be
published for a prescribed period of time, publishing the notice one
(1) day each week during the prescribed period of publication is
sufficient in accordance with Section 103 of Title 25 of the Oklahoma
Statutes;
9. "Quorum" means a majority of all the members of the
governing body, board, or commission, including vacant positions;
10. "Registered voter" means any person who is a qualified
elector, as defined by the provisions of Section 1 of Article III of
the Oklahoma Constitution, who resides within the limits of a
municipality and who has registered to vote in the precinct of his
residence;
11. "Resident" means a person whose actual dwelling or primary
residence is located within the corporate limits of the municipality;
12. "Resolution" means a special or temporary act of a
municipal governing body which is declaratory of the will or opinion
of a municipality in a given matter and is in the nature of a
ministerial or administrative act. A resolution is not a law and
does not prescribe a permanent rule of conduct or government; and
13. "Town" means a municipality which has incorporated as a
town in accordance with the laws of Oklahoma.
Amended by Laws 1984, c. 126, § 1, eff. Nov. 1, 1984.
§11-1-103. Saving vested rights.
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The provisions of this act shall not in any manner affect the
rights, liability or right of action, civil or criminal, for or
against any municipality in any action commenced before the effective
date of this act. The adoption of this act shall not be construed to
repeal or in any way affect or modify:
1. Any substantive or fixed right;
2. Any law authorizing the issuance of any outstanding bonds of
any municipality;
3. Any law pursuant to which special assessments or rates or
charges of any nature levied by any municipality which have not been
paid in full, principal, interest, and any penalties; or
4. The running of any statute of limitation in force at the time
this act becomes effective.
All incomplete proceedings had and taken under any law hereby
repealed or amended in the acquisition or improvement of any
municipal project, the holding of any election, the creation of any
special assessment or other district, the levy and collection of any
taxes, special assessments, rates or charges of any sort, or the
issuance of any bond or other security appertaining to a municipal
project, any contract for the purchase of any such bonds or
securities, which proceedings are in substantial compliance herewith,
may, at the option of the municipal governing body, be completed
hereunder the same as if such incomplete proceedings had been had and
taken pursuant to the provisions hereof.
Added by Laws 1977, c. 256, § 1-103, eff. July 1, 1978.
§11-1-110. Municipal employees - Forfeiture of retirement benefits.
A. Any municipal officer or employee upon final conviction of,
or pleading guilty or nolo contendere to, a felony for bribery,
corruption, forgery or perjury or any other crime related to the
duties of his or her office or employment in a state or federal court
of competent jurisdiction shall forfeit retirement benefits provided
by law. The forfeiture of retirement benefits shall not occur if any
such officer or employee received a deferred sentence, but retirement
benefits shall not commence prior to completion of the deferred
sentence. The forfeiture of retirement benefits required by this
section shall not include the officer's or employee's contributions
to the retirement system or retirement benefits that are vested on
the effective date of this act.
B. The forfeiture of retirement benefits as provided by
subsection A of this section shall also apply to any such officer or
employee who, after leaving the office or employment, is convicted
of, or pleads guilty or nolo contendere to, in a state or federal
court of competent jurisdiction, a felony committed while in such
office or employment, where the felony is for bribery, corruption,
forgery or perjury or any other crime related to the duties of his or
her office or employment.
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C. The forfeiture shall continue until such time as the
conviction or guilty plea is reversed by the highest appellate court
to which the officer or employee may appeal.
D. The attorney responsible for prosecuting the municipal
officer or employee shall notify the retirement system in which the
officer or employee is enrolled of the forfeiture of the officer's or
employee's retirement benefits. Upon receipt of the notice of
forfeiture, the retirement system shall immediately suspend all
benefits of the officer or employee, and shall notify the officer or
employee of his or her right to a hearing to review whether the
conviction or plea qualifies for forfeiture of benefits under this
section. If the conviction or plea occurs in federal court or the
notice of forfeiture is not forthcoming from the state prosecutor,
the retirement system may investigate and gather court documents and
contact prosecutors to determine whether the conviction or plea
qualifies under this section. Upon obtaining sufficient
documentation of the conviction or plea, the retirement system shall
immediately suspend all benefits of the officer or employee, and
notify the officer or employee of his or her right to a hearing to
review whether the conviction or plea qualifies for forfeiture of
benefits under this section.
E. The provisions of this section shall apply to a municipal
officer or employee who is a member of a retirement system authorized
in Sections 48-101 through 48-106 of this title, the Oklahoma
Firefighters Pension and Retirement System, the Oklahoma Police
Pension and Retirement System or the Oklahoma Public Employees
Retirement System.
Added by Laws 2011, c. 202, § 1. Amended by Laws 2018, c. 20, § 1,
eff. Nov. 1, 2018.
§11-2-101. Incorporation of a municipality.
A. Any community of people residing in compact form may become
incorporated as a town in the manner provided in Sections 3-101
through 3-107 of this title. If the resident population is one
thousand (1,000) or more, a town or community of people residing in
compact form may become incorporated as a city in the manner provided
in Sections 4-101 through 4-107 of this title.
B. Any community which has operated as an incorporated
municipality for twenty-five (25) years or more but which does not
have any evidence of its articles of incorporation shall be presumed
to have incorporated as the statutory form of municipal government
under which it has operated. Such community may file with the
Secretary of State any historical evidence of its incorporation.
Notice of said filing shall be published one time. If no action
challenging the presumption of incorporation is brought within sixty
(60) days after publication of the notice of filing, the presumption
of incorporation shall be conclusive.
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Amended by Laws 1984, c. 126, § 2, eff. Nov. 1, 1984.
§11-2-102. Name of incorporated town or city.
An incorporated municipality may be known as the:
1. "City of _________"; or
2. "Town of _________";
but no municipality which changes its name or incorporates shall
adopt the name of an existing municipality in this state.
Laws 1977, c. 256, § 2-102, eff. July 1, 1978.
§11-2-103. Municipality to be surveyed and platted.
Persons intending to apply for the incorporation of a town or
city shall cause a survey and plat to be made of the territory
intended to be embraced within its limits. The survey shall be made
by a registered land surveyor, and shall set forth the courses and
distances of the boundaries, the quantity of land contained therein,
and be platted into lots and blocks in accordance with Sections 41-
101 through 41-111 of this title. The survey and plat shall be
verified by the affidavit of the surveyor.
Laws 1977, c. 256, § 2-103, eff. July 1, 1978.
§11-2-104. Restrictions on territory included in proposed
municipality or plat.
A. Except as otherwise provided by subsections B and C of this
section, no territory within five (5) miles of the corporate limits
of a municipality having a population of more than two hundred
thousand (200,000), and no territory within three (3) miles of the
corporate limits of any municipality having a population less than
two hundred thousand (200,000), according to the latest federal
census, shall be included in the survey and plat provided in Section
2-103 of this title or incorporated as a new municipality.
B. Territory within five (5) miles of the corporate limits of a
municipality having a population of more than two hundred thousand
(200,000) may incorporate as a new municipality if it can be proved
to the board of county commissioners by documentation that the
territory has historically been identified as a community of people
residing in compact form. Such territory shall be included in the
survey and plat provided in Section 2-103 of this title or
incorporated as a new municipality.
C. Territory within three (3) miles of the corporate limits of a
municipality having a population of less than two hundred thousand
(200,000) may incorporate as a new municipality if it can be proved
to the board of county commissioners by documentation that the
territory has historically been identified as a community of people
residing in compact form. Such territory shall be included in the
survey and plat provided in Section 2-103 of this title or
incorporated as a new municipality.
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D. Upon application of any person or municipality affected, the
district court in the county where such territory is located may
afford appropriate relief for any violation of this section. Urban
areas annexed by a municipality which are completely nonadjacent to
the corporate limits of the municipality are not considered as within
the corporate limits of that municipality for the purposes of this
section.
Added by Laws 1977, c. 256, § 2-104, eff. July 1, 1978. Amended by
Laws 2004, c. 329, § 1, eff. Nov. 1, 2004; Laws 2006, c. 301, § 1,
eff. Nov. 1, 2006; Laws 2007, c. 43, § 1, eff. Nov. 1, 2007.
§11-2-105. Division into wards - Number of wards.
Persons intending to apply for incorporation of a municipality
shall divide the proposed municipality into the following number of
wards, having due regard to the equitable apportionment of the
population and the convenience and contiguity of the wards:
1. A town shall be divided into three (3) or five (5) wards.
2. A city to be operated under the statutory aldermanic form of
government shall be divided into at least four (4) wards. A city to
be operated under the statutory council-manager or statutory strong-
mayor-council form shall be divided into four (4) or six (6) wards.
Laws 1977, c. 256, § 2-105, eff. July 1, 1978.
§11-2-106. Incorporation procedure for municipality situated in two
or more counties.
If a proposed town or city is situated in two or more counties,
the petition for incorporation may be presented to the board of
county commissioners of any county in which any part of the proposed
municipality is situated. The board shall act upon the petition in
the same manner as if the proposed municipality were situated wholly
within the county where the petition is presented. The county clerk
shall immediately certify the proceedings relating to the
incorporation of the municipality to the board of commissioners of
each other county in which any part of the municipality is situated,
and each board which receives this certification shall enter the
proceedings upon its records.
Laws 1977, c. 256, § 2-106, eff. July 1, 1978.
§11-2-107. Effect of incorporation - Filing - Judicial notice -
Challenges.
The order declaring incorporation of a municipality, issued by
the board of county commissioners as provided in Sections 3-105, 4-
105 and 5-104 of this title or issued by the town board of trustees
as provided in Section 4-103 of this title, shall be recorded in the
office of the county clerk in the county in which the situs of the
municipality is located and filed in the office of the Secretary of
State and in the archives of the municipality. The order shall be
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conclusive evidence of incorporation in all suits by or against the
municipality and shall be judicially noticed in all court proceedings
without specifically pleading or alleging incorporation. Anyone
wishing to challenge the formation, incorporation or organization of
an incorporated municipality must bring action in the district court
in the county in which the situs of the municipality is located
within sixty (60) days after the date of the order declaring
incorporation.
Laws 1977, c. 256, § 2-107, eff. July 1, 1978.
§11-3-101. Petition for incorporation of town - Notice - Contents.
A. A petition for incorporation of a town shall be presented to
the board of county commissioners of the county in which the proposed
town is located, at the time indicated in the notice, as provided for
in subsection C of this section, or as soon thereafter as the board
can receive and consider it. The petition shall be:
1. In writing; and
2. Signed by at least one-third (1/3) of the registered voters
residing in the proposed town as shown by the preceding general
election or by at least twenty-five (25) registered voters residing
in the proposed town, whichever number is greater. The registered
voters signing the petition must be residents of the proposed town at
the time of signing the petition and for the sixty (60) days
immediately preceding the signing of the petition.
B. Each petition shall be on a separate sheet and shall be
authenticated by the affidavit of at least one credible witness that
the signatures are genuine, that the signatures on the petition are
in compliance with the provisions of paragraph 2 of subsection A of
this section, and that the signatures on the petition were not
gathered more than thirty (30) days prior to the petition being
presented to the board. The petition shall include:
1. The name of the proposed town;
2. The survey and plat of the proposed town;
3. The resident population including names and addresses of
persons residing in the area of the proposed town not more than sixty
(60) days prior to presenting the petition to the board of county
commissioners;
4. The number and boundaries of the proposed town wards or, if
no wards are proposed, the number of positions on the proposed board
of trustees;
5. The appropriate documentation to prove that territory within
five (5) miles of the corporate limits of a municipality having a
population of more than two hundred thousand (200,000) has
historically been identified as a community of people residing in
compact form, if applicable; and
6. Affidavits verifying the facts contained in the petition.
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C. Not less than thirty (30) days before presenting the petition
to the board of county commissioners, notice of the intent of the
petitioners to apply for incorporation of a town shall be given by
leaving the survey, plat, census, and description of wards, if any,
in some convenient place in the proposed town for examination by
those having an interest in the application.
Added by Laws 1977, c. 256, § 3-101, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 3, eff. Nov. 1, 1984; Laws 2004, c. 329, § 2,
eff. Nov. 1, 2004; Laws 2011, c. 98, § 1.
§11-3-102. Hearing on petition - Order of commissioners calling for
election on question.
Within thirty (30) days after the petition for incorporation has
been presented, the board of county commissioners shall determine,
either by affidavit or by oral testimony in a hearing on the
petition, whether the requirements for incorporation have been fully
complied with. If the board is satisfied with the petitioners'
compliance, it shall call for an election for the purpose of
submitting to the registered voters of the proposed town the question
of whether or not such territory shall become an incorporated town.
The order of the board calling for the election shall name the date
for the election and shall be submitted to the secretary of the
county election board for the purpose of conducting the election.
Laws 1977, c. 256, § 3-102, eff. July 1, 1978.
§11-3-103. Notice of election.
At least ten (10) days' notice of the election shall be given by
the board of county commissioners by publication in a newspaper of
general circulation in the proposed town, and by posting a copy of
the order in not less than ten (10) of the most public places in the
proposed town.
Laws 1977, c. 256, § 3-103, eff. July 1, 1978.
§11-3-104. Conduct of election - Ballots.
The election shall be conducted in accordance with applicable
election laws. The registered voters of the proposed town shall vote
on the question of incorporation by separate ballot, which shall be
substantially in the following form:
For incorporation as the town of ___________
( ) Yes.
( ) No.
Laws 1977, c. 256, § 3-104, eff. July 1, 1978.
§11-3-105. Canvassing returns - Statement of result - Order of
incorporation.
The county election board shall canvass the returns of the
election. Within five (5) days after the canvass of the returns of
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the election, the secretary of the county election board shall
certify the results of the election to the board of county
commissioners. If a majority of the votes cast are in favor of
incorporation as a town, the board of commissioners shall, within
twenty (20) days after receiving the result of the vote, issue an
order declaring that the town has been incorporated and naming the
date for the election of town officers. The territory shall, from
the date of the commissioners' order, be deemed a body corporate and
an incorporated town.
Laws 1977, c. 256, § 3-105, eff. July 1, 1978.
§11-3-106. Notice of election of town officers - Fees and expenses.
The order of the board of county commissioners shall be submitted
to the secretary of the county election board for the purpose of
conducting the election of town officers. If the town is eligible to
come within the provisions of the Oklahoma Town Meeting Act and a
majority of the petitioners desire to comply with the provisions of
the Oklahoma Town Meeting Act, the petitioners shall call the
election in accordance with the provisions of the Oklahoma Town
Meeting Act. Notice of any election of town officers shall be in the
manner provided by law for municipal elections. All expenses for any
election on the question of incorporation and the election of
officers shall be paid by the county and reimbursed by the town when
fully organized.
Added by Laws 1977, c. 256, § 3-106, eff. July 1, 1978. Amended by
Laws 1998, c. 357, § 1, eff. Jan. 1, 1999.
§11-3-107. Officers to be elected.
The officers to be elected shall be those provided by law
applicable to the town board of trustees form of government. These
officers shall hold office until the next odd-numbered year, at which
time the first regular municipal election shall be held under the
town board of trustees form of government as provided in Section 16-
206 of this title, and until their successors are elected and
qualified.
Added by Laws 1977, c. 256, § 3-107, eff. July 1, 1978.
§11-4-101. Petition for incorporation of city - Contents.
A petition for incorporation of a city shall be filed with the
board of county commissioners of the county in which the proposed
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 residing in the proposed city, as shown by the
preceding general election.
Each petition shall be on a separate sheet and shall be authenticated
by the affidavit of at least one credible witness that the signatures
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are genuine and the signers of the petition are registered voters of
the proposed city. The petition shall include: 1. The name of the
proposed city;
2. The survey and plat of the proposed city;
3. The resident population according to the latest federal
census or other census recognized by the laws of Oklahoma, which
population must be one thousand (1,000) inhabitants or more;
4. The number and boundaries of the proposed city wards;
5. A designation of the statutory form of city government that
is proposed for the city when it becomes incorporated; and
6. Affidavits verifying the facts alleged in the petition.
Laws 1977, c. 256, § 4-101, eff. July 1, 1978.
§11-4-102. Order calling for election on question - Notice.
Within thirty (30) days after filing the petition for
incorporation of a city, the board of county commissioners shall call
for an election for the purpose of submitting to the registered
voters of the proposed city the question of whether or not such town
or community of people shall become an incorporated city. The order
calling for the election shall name the date for the election and
shall be submitted to the secretary of the county election board for
the purpose of conducting the election. The order shall be published
in a newspaper of general circulation in the proposed city for a
period of at least twenty (20) days prior to the election.
Laws 1977, c. 256, § 4-102, eff. July 1, 1978.
§11-4-103. Alternative procedure for incorporated towns.
As an alternative procedure to filing a petition with the board
of county commissioners, the board of trustees of an incorporated
town, by resolution, may direct the mayor to submit the question of
whether or not the town shall become a city to the registered voters
of the town at a special or general election. The resolution shall:
1. Divide the municipality into the required number of wards for
purposes of the proposed city;
2. Designate the statutory form of city government that is
proposed for the city when it becomes incorporated; and
3. Name the date for the election.
If a majority of the votes cast are in favor of incorporation as a
city, as certified by the county election board, the town board shall
adopt a resolution declaring that the city has been incorporated and
naming the date for the election of city officers. The city shall,
from the date of the board's resolution, be deemed a body corporate
and an incorporated city.
Laws 1977, c. 256, § 4-103, eff. July 1, 1978.
§11-4-104. Conduct of election - Ballots.
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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.
Laws 1977, c. 256, § 4-104, eff. July 1, 1978.
§11-4-105. Canvassing returns - Certification of results - Order of
incorporation.
The county election board shall canvass the returns of the
election. Within five (5) days after the canvass of the returns of
the election, the secretary of the county election board shall
certify to the board of county commissioners the results of the
election. If a majority of the votes cast are in favor of
incororation as a city under the designated statutory form, the board
of commissioners shall, within twenty (20) days after receiving the
results of the vote, issue an order declaring that the city has been
incorporated under the designated statutory form of city government
and naming the date for the election of city officers. The city
shall, from the date of the commissioners' order, be deemed a body
corporate and an incorporated city.
Laws 1977, c. 256, § 4-105, eff. July 1, 1978.
§11-4-106. Notice of election of city officers - Fees and expenses.
The order of the board of county commissioners shall be submitted
to the secretary of the county election board for the purpose of
conducting the election. Notice of the election of city officers
shall be in the manner provided by law for municipal elections. All
expenses for the election on the question of incorporation and the
election of officers shall be paid by the county and reimbursed by
the city when fully organized.
Added by Laws 1977, c. 256, § 4-106, eff. July 1, 1978. Amended by
Laws 1998, c. 357, § 2, eff. Jan. 1, 1999.
§11-4-107. Officers to be elected.
The officers to be elected shall be those provided by the laws
governing the statutory form of city government which has been
adopted. These officers shall hold office until the next odd-
numbered year, at which time the first regular municipal election
shall be held in accordance with the form of government adopted, and
until their successors are elected and qualified.
Laws 1977, c. 256, § 4-107, eff. July 1, 1978.
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§11-5-101. City incorporating as a town - Procedure.
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.
Laws 1977, c. 256, § 5-101, eff. July 1, 1978.
§11-5-102. Order calling for election on question - Notice.
Within thirty (30) days after filing the petition for a city
incorporating as a town, the board of county commissioners shall call
for an election for the purpose of submitting to the registered
voters of the city the question of whether or not such city shall
become an incorporated town. The order calling for the election
shall name the date for the election and shall be submitted to the
secretary of the county election board for the purpose of conducting
the election. The order shall be published in a newspaper of general
circulation in the city for a period of at least twenty (20) days
prior to the election.
Laws 1977, c. 256, § 5-102, eff. July 1, 1978. 0
§11-5-103. Election on city incorporating as town - Ballots.
The election shall be conducted in accordance with applicable
election laws. A separate ballot shall be prepared for submitting
the question of whether or not the city shall become an incorporated
town. The ballot shall be in substantially the following form:
Shall the City of _________ become an incorporated town and
be known as the Town of ________?
( ) Yes.
( ) No.
Laws 1977, c. 256, § 5-103, eff. July 1, 1978.
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§11-5-104. Certification of results - Order of incorporation -
Notice of election of town officers - Fees and expenses.
The county election board shall canvass the returns of the
election. Within five (5) days after the canvass of the returns of
the election, the secretary of the county election board shall
certify to the board of commissioners the results of the election.
If a majority of the votes cast in the election are in favor of the
city incorporating as a town, the board of commissioners shall,
within twenty (20) days after receiving the result of the vote, issue
an order declaring the town's incorporation and naming the date for
the election of town officers. Notice of the election of town
officers shall be in the manner provided by law for municipal
elections. All expenses for the election on the question of
incorporation and the election of officers shall be paid by the
incorporated town.
Laws 1977, c. 256, § 5-104, eff. July 1, 1978.
§11-5-105. Town officers to be elected.
The officers to be elected shall be those provided by law
applicable to the town board of trustees form of government. These
officers shall hold office until the next odd-numbered year, at which
time the first regular municipal election shall be held under the
town board of trustees form of government as provided in Section 16-
206 of this title, and until their successors are elected and
qualified.
Laws 1977, c. 256, § 5-105, eff. July 1, 1978.
§11-5-106. Indebtedness assumed by incorporated town.
All indebtedness of any nature, whether resulting from a bond
issue or otherwise, shall be assumed by the incorporated town.
Laws 1977, c. 256, § 5-106, eff. July 1, 1978.
§11-6-101. Proposal for consolidation - Terms and conditions -
Approval by governing bodies.
Any two or more municipalities lying adjacent to each other may
consolidate and become one municipal corporation. A proposal for
consolidation shall be prepared by the governing body of a
municipality when:
1. A resolution of the governing body so directs; or
2. A petition signed by at least twenty-five percent (25%) of
the registered voters of the municipality, as shown by the preceding
general election, is filed with the governing body.
The proposal shall then be submitted to the governing body of an
adjacent municipality for its approval. When the proposal is
approved, the governing bodies of the municipalities to be
consolidated, or their representatives, shall prepare the terms and
conditions of the consolidation. The terms and conditions of
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consolidation shall provide for the transition of officers and
employees of each municipality which is to be consolidated. If each
governing body approves the terms of consolidation, it shall adopt a
resolution declaring its approval and shall provide for an election
on the question of consolidation.
Laws 1977, c. 256, § 6-101, eff. July 1, 1978.
§11-6-102. Ballots - Election on question.
The question submitted to the registered voters of each
municipality shall be substantially in the following form:
Shall the municipalities of ______ and ______ (name of all
municipalities to be consolidated) consolidate as the ______ (city or
town) of ________ and be operated under the _____________ form of
government?
( ) Yes.
( ) No.
If a majority of the votes cast in each municipality are in favor of
consolidation, the governing body in each municipality shall declare,
by ordinance, that the consolidation has been approved and shall
proceed to consolidate under the terms of consolidation. The
consolidation and formation of the municipal corporation shall take
effect on the date named in the terms and conditions. Upon the
effective date, the municipal corporation shall be governed by laws
applicable to the form of government which has been adopted.
Laws 1977, c. 256, § 6-102, eff. July 1, 1978.
§11-6-103. Record of consolidation.
The order of each municipality declaring consolidation as a
municipal corporation shall be recorded in the office of the county
clerk in the county in which the situs of the consolidated municipal
corporation is located and filed in the office of the Secretary of
State and in the archives of the municipal corporation.
Laws 1977, c. 256, § 6-103, eff. July 1, 1978.
§11-6-104. Property and obligations after consolidation.
All real and personal property belonging to each municipality so
consolidated, and all its notes, bonds, obligations, accounts,
demands, evidences of debt, rights and franchises, books, records,
maps and plats shall become the property of the consolidated
municipal corporation. Each municipality as it existed before
consolidation shall remain liable for all its obligations and
outstanding indebtedness which are due or become due on the day of
the election on consolidation, and the property within such
municipality shall be assessed to pay the obligations and
indebtedness in the same manner as if a consolidation had not taken
place. In no event shall the consolidated municipal corporation be
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liable for obligations existing before consolidation unless expressly
provided for by the terms and conditions of consolidation.
Laws 1977, c. 256, § 6-104, eff. July 1, 1978.
§11-7-101. Dissolution of municipality - Application - Notice of
election on question.
An application for dissolution of a municipality shall be filed
with the governing body of the municipality. The application shall:
1. Be in writing;
2. Set forth the reasons for the request; and
3. Be signed by not less than one-third of the registered voters
residing in the municipality as shown by the preceding general
election.
If the governing body of the municipality determines that the reasons
for dissolution are good, it shall call for an election for the
purpose of submitting to the registered voters of the municipality
the question of whether or not the municipality should be dissolved.
Notice of the election shall be given by the governing body in the
manner provided by law for municipal elections.
Laws 1977, c. 256, § 7-101, eff. July 1, 1978.
§11-7-102. Conduct of election - Results.
Registered voters of the municipality shall vote by ballot "yes"
or "no" on the question of dissolution of the municipality. The
election shall be conducted in accordance with applicable election
laws. If a majority of the votes are in favor of dissolution, and
the votes have been cast by at least two-fifths of the registered
voters of the municipality (as shown by the preceding general
election), a statement of the vote signed by the mayor, and attested
by the clerk, shall be filed in the office of the county clerk in the
county in which the situs of the municipality is located and in the
office of the Secretary of State. At the expiration of six (6)
months from the date of the election on the question, the
municipality shall cease to be a corporation.
Laws 1977, c. 256, § 7-102, eff. July 1, 1978.
§11-7-103. Disposition of property - Payment of debts and
liabilities - Contract rights.
The property belonging to the dissolved municipality shall be
used first to pay its debts and liabilities, and then disposed of in
the manner as a majority of the registered voters of the municipality
shall direct in a special election on the question of disposition of
property. No dissolution of an incorporated municipality shall
impair the rights of any person in any contract or agreement to which
the municipality is a party.
Laws 1977, c. 256, § 7-103, eff. July 1, 1978.
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§11-7-104. Real property owned by municipality at time of
dissolution.
If a municipality is the owner in fee simple of real property at
the time it is dissolved, and this real property is thereafter
brought within the boundaries of another existing incorporated
municipality, the fee simple title of this real property will divest
from the dissolved municipality and vest in the existing
municipality.
Laws 1977, c. 256, § 7-104, eff. July 1, 1978.
§11-7-105. Involuntary dissolution - Grounds - Petition in district
court.
The district attorney for the county in which the situs of the
municipal government is located may petition for involuntary
dissolution of a municipality when the government of a municipality
ceases to function by reason of the following:
1. General municipal elections have not been called in the
municipality for two successive general municipal elections;
2. A majority of all the members of the governing body fail to
qualify for two successive general municipal elections; or
3. The municipality is totally within an area subject to
subsidence, environmental contamination or flooding as a result of
mining operations, dam construction or natural causes beyond the
control of the municipality, and said municipality is unable to meet
the cost of continuing its government and maintaining its services to
residents due to a reduction in population resulting from such
circumstances.
The petition requesting involuntary dissolution shall be filed in the
district court in the county in which the situs of the municipality
is located. The petition shall state the facts which justify the
request and shall set forth a detailed statement of the assets and
liabilities of the municipality insofar as they can be ascertained.
Added by Laws 1977, c. 256, § 7-105, eff. July 1, 1978. Amended by
Laws 2009, c. 224, § 1, eff. Nov. 1, 2009.
§11-7-106. Involuntary dissolution - Notice of hearing.
Upon the filing of a petition for the involuntary dissolution of
a municipality, the district court shall fix a date for a hearing on
the request. The date of the hearing shall be not less than thirty
(30) days after the date of filing. The district attorney for the
county in which the situs of the municipal government is located
shall give at least twenty (20) days' notice of the hearing by
publication in a newspaper of general circulation in the
municipality, and by posting copies of the notice in five (5) of the
most public places in the municipality. The notice shall state the
purpose of the petition and the date and place of the hearing.
Laws 1977, c. 256, § 7-106, eff. July 1, 1978.
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§11-7-107. Involuntary dissolution - Hearing and order.
Any person owning property in or registered to vote in the
municipality may appear at the hearing and give testimony for or
against dissolution of the municipality. If the court finds that the
government of the municipality has ceased to function because of the
reasons listed in Section 7-105 of this title, it shall enter an
order for dissolution of the municipality. The order of the court
shall state when the dissolution shall take effect and appoint a
receiver, if necessary, to wind up the affairs of the municipality
and dispose of its property. A record of dissolution shall be filed
in the manner provided for voluntary dissolution.
Laws 1977, c. 256, § 7-107, eff. July 1, 1978.
§11-8-101. Qualifications for elected office.
A municipal elected official shall be a resident and a registered
voter of the municipality in which he serves, and all councilmembers
or trustees from wards shall be actual residents of their respective
wards. If an elected official ceases to be a resident of the
municipality, he shall thereupon cease to be an elected official of
that municipality.
Laws 1977, c. 256, § 8-101, eff. July 1, 1978.
§11-8-102. Term of office.
Unless otherwise provided for by law, the term of office of an
elected municipal official shall be four (4) years. The term of
office of an elected official shall begin at 12:00 noon on the second
Monday following the general municipal election, and such official
shall serve until his successor is elected and qualified. If a newly
elected official does not qualify within thirty (30) days after his
term of office begins, the office shall become vacant and shall be
filled in the manner provided by law. In order to complete the
unexpired term, the office of an official who is holding over shall
be filled at the next general election in compliance with the
provisions of Sections 16-101 through 16-213 of this title.
Amended by Laws 1984, c. 126, § 4, eff. Nov. 1, 1984.
§11-8-103. Oath of office.
Any officer, elected or appointed, before entering upon the
duties of his office, shall take and subscribe to the oath or
affirmation of office prescribed by the Oklahoma Constitution. The
oath or affirmation shall be filed in the office of the municipal
clerk.
Laws 1977, c. 256, § 8-103, eff. July 1, 1978.
§11-8-104. Who may administer oaths.
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All officers authorized by state law, the mayor, the municipal
clerk, the city manager, the municipal judge or judges and such other
officers as the municipal governing body may authorize, may
administer oaths and affirmations in any matter pertaining to the
affairs and government of the municipality.
Laws 1977, c. 256, § 8-104, eff. July 1, 1978.
§11-8-105. Certain officers to give bond.
The municipal governing body shall require the municipal
treasurer, any officer or employee designated by ordinance to sign
municipal warrants or municipal checks, and any other officers and
employees as the governing body may designate by ordinance, to give
bond for the faithful performance of his duties within ten (10) days
after his election or appointment, in such amount and form as the
governing body shall prescribe. The municipality shall pay the
premiums on such bonds.
Laws 1977, c. 256, § 8-105, eff. July 1, 1978; Laws 1992, c. 371, §
1, eff. July 1, 1992.
§11-8-106. Nepotism - Dual office holding.
No elected or appointed official or other authority of the
municipal government shall appoint or elect any person related by
affinity or consanguinity within the third degree to any governing
body member or to himself or, in the case of a plural authority, to
any one of its members to any office or position of profit in the
municipal government. The provisions of this section shall not
prohibit an officer or employee already in the service of the
municipality from continuing in such service or from promotion
therein. A person may hold more than one office or position in a
municipal government as the governing body may ordain. A member of
the governing body shall not receive compensation for service in any
municipal office or position other than his elected office.
Amended by Laws 1984, c. 126, § 5, eff. Nov. 1, 1984.
§11-8-107. Removal of officers.
A municipal elected official may be removed from office for any
cause specified by applicable state law for the removal of officers,
and by the method or methods prescribed thereby.
Laws 1977, c. 256, § 8-107, eff. July 1, 1978.
§11-8-108. Absence from governing body meetings.
Whenever a member of the municipal governing body is absent from
more than one-half of all meetings of the governing body, regular and
special, held within any period of four (4) consecutive months, he
shall thereupon cease to hold office.
Laws 1977, c. 256, § 8-108, eff. July 1, 1978.
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§11-8-109. Vacancies in office.
A. When a vacancy occurs in an office of an elected municipal
official except the mayor, the governing body shall appoint, by a
majority vote of the remaining members, a person to fill the vacancy
until the next general municipal election, or the next biennial town
meeting if the municipality is subject to the Oklahoma Town Meeting
Act, Section 16-301 et seq. of this title, and to serve until a
successor is elected and qualified. Any vacancy shall then be filled
at the next general municipal election or biennial town meeting by
election of a person to complete the balance of any unexpired term.
If the vacancy has not been filled within sixty (60) days after it
occurs, the governing body shall call for a special election or a
special town meeting for the purpose of filling the vacancy for the
duration of the unexpired term unless said vacancy occurs or said
election would occur within one hundred twenty (120) days prior to
the first day of the filing period for the next general municipal
election or within one hundred twenty (120) days prior to the next
biennial town meeting. If a vacancy is not filled by the special
election or at a special town meeting, it shall be filled by
appointment as provided for in this subsection.
B. If a majority of the offices of a governing body become
vacant more than sixty (60) days before the beginning of a regular
filing period for general municipal elections or more than sixty (60)
days before the biennial town meeting, the remaining members of the
governing body shall call for a special election or a special town
meeting, if the municipality is subject to the Oklahoma Town Meeting
Act, to be held as soon as possible in the municipality for the
purpose of filling all vacant offices for the remainder of their
unexpired terms if the election or town meeting can be held more than
sixty (60) days before the beginning of the filing period for the
general election or more than sixty (60) days before the next
biennial town meeting. The remaining members of the governing body
may pay claims in accordance with Section 17-102 of this title and,
when necessary to avoid financial loss or injury to a person or
property, may take any action otherwise authorized for the governing
body except the enactment of an ordinance.
C. If all the offices of the governing body become vacant, the
municipal clerk or acting municipal clerk shall be the interim mayor
until a member of the governing body is elected and qualified. If
there is no municipal clerk or acting municipal clerk in office, the
municipal treasurer shall serve as interim mayor and acting municipal
clerk. If there is no municipal officer in office, the Governor may
appoint a registered voter of the municipality as interim mayor and
acting municipal clerk. The appointed interim mayor shall give bond
for the faithful performance of his duties within ten (10) days after
his appointment. The municipality shall pay the premium on the bond.
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D. The interim mayor shall exercise the authority of the
governing body for only those purposes set out in this section.
1. Within five (5) days of the occurrence of the last vacancy,
the interim mayor shall call a special election or a special town
meeting, if the municipality is subject to the provisions of the
Oklahoma Town Meeting Act, for the purpose of filling the unexpired
terms in accordance with subsection B of this section. If all of the
offices of the governing body become vacant sixty (60) days or less
before the beginning of a regular filing period for general elections
or sixty (60) days or less before the next biennial town meeting, the
interim mayor shall call the regular general election or the biennial
town meeting, whichever is appropriate. If the interim mayor fails
or refuses to call an election or town meeting, whichever is
appropriate, the board of county commissioners of the county in which
the municipality is located shall call the election or town meeting.
The county sheriff, or his deputy, shall attend any town meeting
called by the board of county commissioners and, if the interim mayor
fails to conduct the meeting, shall moderate the meeting. The
interim mayor or the sheriff or deputy who is moderating the meeting
is authorized to appoint a registered voter of the municipality to
take the minutes of the meeting. If the vacancies are not filled by
the election or town meeting called for the purpose, the Governor may
appoint registered voters of the municipality to fill the vacancies
without regard to wards for the balance of the unexpired term.
2. The interim mayor may pay claims in accordance with
subsection C of Section 17-102 of this title. The interim mayor
shall submit a list of such payments to the governing body of the
municipality no later than the second regular meeting after the
vacancies are filled.
E. To be eligible for appointment to fill a vacancy in an
elected municipal office a person must meet the same qualifications
required for filing a declaration for candidacy for that office.
Amended by Laws 1984, c. 126, § 6, eff. Nov. 1, 1984; Laws 1988, c.
105, § 16, eff. Nov. 1, 1988; Laws 1989, c. 255, § 1, emerg. eff. May
19, 1989.
§11-8-110. Candidacy of municipal officer for county or state office
- Resignation.
Any member of a municipal governing body, the city or town clerk,
and the city marshal shall be eligible to become a candidate for a
county or state office without resigning from the office held by the
officer.
Added by Laws 1977, c. 256, § 8-110, eff. July 1, 1978. Amended by
Laws 2004, c. 47, § 1.
§11-8-111. Abstinence in voting in certain meetings.
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If a member of the governing body of a municipality abstains from
voting, he shall be deemed to have cast a negative vote, which shall
be recorded in the minutes.
Added by Laws 1984, c. 126, § 7, eff. Nov. 1, 1984.
§11-8-112. Resignation of municipal officer.
A municipal officer may resign by submitting his written
resignation to the governing body of the municipality, to the
remaining members of the municipal governing body if some positions
are vacant, to the interim mayor or, if all positions of the
governing body will become vacant upon the resignation, to the board
of county commissioners of the county in which the municipality is
located. Delivery of the written resignation to the governing body
during a public meeting of such body or to the municipal clerk by
mail or personal delivery during regular office hours shall
constitute submission of the resignation to the municipal governing
body. Delivery of the written resignation to the board of county
commissioners during a public meeting of the commissioners or to the
county clerk by mail or hand delivery during regular office hours
shall constitute submission of the resignation to the board of county
commissioners. A resignation submitted by a municipal officer may be
withdrawn in writing at any time prior to the effective date stated
in the resignation. If no effective date is stated, the resignation
shall be effective immediately. Acceptance by the governing body
shall not be required for the resignation to be effective.
Added by Laws 1984, c. 126, § 8, eff. Nov. 1, 1984. Amended by Laws
1988, c. 105, § 17, eff. Nov. 1, 1988.
§11-8-113. Prohibited business activities with municipality -
Exceptions - Definitions - Violations - Employees of financial
institutions.
A. Except as otherwise provided by this section, no municipal
officer or employee, or any business in which the officer, employee,
or spouse of the officer or employee has a proprietary interest,
shall engage in:
1. Selling, buying, or leasing property, real or personal, to or
from the municipality;
2. Contracting with the municipality; or
3. Buying or bartering for or otherwise engaging in any manner
in the acquisition of any bonds, warrants, or other evidence of
indebtedness of the municipality.
B. The provisions of this section shall not apply to any officer
or employee of any municipality of this state with a population of
not more than five thousand (5,000) according to the latest Federal
Decennial Census, who has a proprietary interest in a business which
is the only business of that type within five (5) miles of the
corporate limits of the municipality. However, any activities
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permitted by this subsection shall not exceed Two Thousand Five
Hundred Dollars ($2,500.00) for any single activity and shall not
exceed Fifteen Thousand Dollars ($15,000.00) for all activities in
any calendar year. Provided, however, such activity may exceed
Fifteen Thousand Dollars ($15,000.00) per year if the municipality
purchases items therefrom that are regularly sold to the general
public in the normal course of business and the price charged to the
municipality by the business does not exceed the price charged to the
general public.
C. Provisions of this section shall not apply where competitive
bids were obtained consistent with municipal ordinance or state law
and two or more bids were submitted for the materials, supplies, or
services to be procured by the municipality regardless of the
population restrictions of subsection B of this section, provided the
notice of bids was made public and open to all potential bidders.
D. All bids, both successful and unsuccessful, and all contracts
and required bonds shall be placed on file and maintained in the main
office of the awarding municipality for a period of five (5) years
from the date of opening of bids or for a period of three (3) years
from the date of completion of the contract, whichever is longer,
shall be open to public inspection and shall be matters of public
record.
E. For purposes of this section, “employee” means any person who
is employed by a municipality more than ten (10) hours in a week for
more than thirteen (13) consecutive weeks and who enters into,
recommends or participates in the decision to enter into any
transaction described in subsection A of this section. Any person
who receives wages, reimbursement for expenses, or emoluments of any
kind from a municipality, any spouse of the person, or any business
in which the person or spouse has a proprietary interest shall not
buy or otherwise become interested in the transfer of any surplus
property of a municipality or a public trust of which the
municipality is beneficiary unless the surplus property is offered
for sale to the public after notice of the sale is published.
F. For purposes of this section, “proprietary interest” means
ownership of more than twenty-five percent (25%) of the business or
of the stock therein or any percentage which constitutes a
controlling interest but shall not include any interest held by a
blind trust.
G. Any person convicted of violating the provisions of this
section shall be guilty of a misdemeanor. Any transaction entered
into in violation of the provisions of this section is void. Any
member of a governing body who approves any transaction in violation
of the provisions of this section shall be held personally liable for
the amount of the transaction.
H. Notwithstanding the provisions of this section, any officer,
director or employee of a financial institution may serve on a board
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of a public body. Provided, the member shall abstain from voting on
any matter relating to a transaction between or involving the
financial institution in which they are associated and the public
body in which they serve.
Added by Laws 1984, c. 126, § 9, eff. Nov. 1, 1984. Amended by Laws
1985, c. 5, § 1, emerg. eff. March 5, 1985; Laws 1995, c. 118, § 1,
eff. Nov. 1, 1995; Laws 1996, c. 341, § 1, eff. Nov. 1, 1996; Laws
2004, c. 68, § 1, emerg. eff. April 7, 2004; Laws 2007, c. 66, § 1,
eff. July 1, 2007; Laws 2012, c. 210, § 1, eff. Nov. 1, 2012.
§11-8-114. Institute - Statewide organization to conduct.
A. Each person elected or appointed for the first time as an
officer of a municipality as defined by paragraph 6 of Section 1-102
of this title, shall be required within one (1) year after taking the
oath of office to attend an institute for municipal officials. The
Institute shall be conducted at all times, in cooperation with the
Oklahoma Department of Career and Technology Education, by or under
the supervision of a statewide organization that is exempt from
taxation under federal law and designated pursuant to the provisions
of the Internal Revenue Code, 26 U.S.C., Section 170(a). The
statewide organization shall demonstrate to the Oklahoma Department
of Career and Technology Education that it has represented
municipalities, had statutory functions and conducted training
programs for municipalities for at least fifteen (15) years prior to
November 1, 2005. It shall further demonstrate that its continuous
official purpose is to promote the general welfare of cities and
towns, to foster or conduct schools, short courses and other training
sessions, to provide technical assistance and consultive services and
other aids for the improvement and increased efficiency of city and
town government, and to serve as the representative of cities and
towns in carrying out the duties and prerogatives conferred on it by
state law.
B. The Institute shall consist of eight (8) hours of
instruction. A certificate of completion shall be awarded to those
persons who attend and successfully complete the Institute and a list
of those persons shall be filed with the Oklahoma Department of
Career and Technology Education.
C. The curriculum for the Institute shall include, but not be
limited to: municipal budget requirements, the Oklahoma Open Meeting
Act, the Oklahoma Open Records Act, ethics, procedures for conducting
meetings, conflict of interest, and purchasing procedures.
D. The Institute shall be held at a minimum of six regional
locations in the state. Every effort shall be made by the Institute
to accommodate training through long-distance learning.
E. A person elected or appointed to a municipal office who fails
to satisfy the education requirements of this section shall cease to
hold the office commencing at the next scheduled meeting of the
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governing body following the first-year anniversary of the person’s
taking the oath of office.
F. At the time of filing, the designated statewide organization
shall provide the necessary information to the candidate of the
option for attendance at the Institute as provided for in this
section. In the case of officials nominated and elected for
municipal offices at town meetings, the presiding officer of the town
meeting shall notify the candidate of the option.
Added by Laws 2005, c. 147, § 1, eff. Nov. 1, 2005. Amended by Laws
2006, c. 301, § 2, eff. Nov. 1, 2006; Laws 2007, c. 60, § 1, eff.
Nov. 1, 2007; Laws 2008, c. 23, § 1, emerg. eff. April 11, 2008.
§11-8-115. Professional services - Independent contractor
presumption.
A. It is the intention of the Legislature to encourage
attorneys, engineers and members of other professions to perform
their professional services for local and state governments.
B. An attorney, engineer or member of other profession who
performs duties required or permitted by statute as attorney,
prosecutor, judge, engineer or other professional for a local or
state government in Oklahoma pursuant to a retainer or contract for
professional services shall be presumed to be an independent
contractor and not an employee for all purposes if the terms of the
contract are consistent with established common law pertaining to
independent contractors as reflected in 26 C.F.R., Section 31.312(d)-
2.
Added by Laws 2007, c. 193, § 2, eff. Nov. 1, 2007.
§11-8-116. Part-time city manager or planner
Any municipality with a population of less than five thousand
(5,000) according to the latest Federal Decennial Census may employ a
part-time city manager or a part-time city planner. The duties of
the part-time city manager shall be determined by the governing body
of the municipality, or pursuant to Section 10-113 of this title for
municipalities governed by the council-manager form of government.
The duties of the part-time city planner shall be determined by the
governing body of the municipality.
Added by Laws 2008, c. 304, § 1, eff. Nov. 1, 2008. Amended by Laws
2009, c. 42, § 1, eff. Nov. 1, 2009; Laws 2016, c. 122, § 1.
§11-9-101. Statutory aldermanic form of government.
The form of government provided by Sections 9-101 through 9-118
of this title shall be known as the statutory aldermanic form of city
government. Cities governed under the statutory aldermanic form
shall have all the powers, functions, rights, privileges, franchises
and immunities granted, or which may be granted, to cities. Such
powers shall be exercised as provided by law applicable to cities
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under the aldermanic form, or if the manner is not thus prescribed,
then in such manner as the governing body may prescribe.
Laws 1977, c. 256, § 9-101, eff. July 1, 1978.
§11-9-102. Governing body.
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.
Amended by Laws 1984, c. 126, § 10, eff. Nov. 1, 1984.
§11-9-103. Qualifications of governing body members.
The governing body members shall be residents and registered
voters of the city, and the councilmembers from wards shall be actual
residents of their respective wards at the time of their respective
candidacies and elections. Removal of a councilmember from a ward to
another ward within the municipality after his or her election, or a
change in ward boundaries, shall not disqualify the councilmember
from completing the term for which he or she was elected.
Added by Laws 1977, c. 256, § 9-103, eff. July 1, 1978. Amended by
Laws 2019, c. 57, § 1, eff. Nov. 1, 2019.
§11-9-104. Mayor - Duties as president of council.
The mayor shall preside at meetings of the council, and shall
certify to the correct enrollment of all ordinances and resolutions
passed by it. The mayor is not considered a member of the council
for quorum or voting purposes; except that he may vote on questions
under consideration by the council only when the council is equally
divided.
Laws 1977, c. 256, § 9-104, eff. July 1, 1978.
§11-9-105. Mayor- Duties as chief executive officer.
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
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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
10. have such other powers, duties, and functions as may be
prescribed by law or by ordinance.
Amended by Laws 1984, c. 126, § 11, eff. Nov. 1, 1984.
§11-9-106. Mayor - Signing ordinances - Veto power.
The mayor may sign or veto any city ordinance or resolution
passed by the city council. Any ordinance or resolution vetoed by
the mayor may be passed over his veto by a vote of two-thirds (2/3)
of all the members of the council. If the mayor neglects or refuses
to sign any ordinance or return it with his objections in writing at
the next regular meeting of the council, the ordinance shall become
law without his signature.
Laws 1977, c. 256, § 9-106, eff. July 1, 1978.
§11-9-107. Election of council president - Duties.
The council shall elect from among its members a president of the
city council. The council president shall be elected in each odd-
numbered year at the first council meeting held after council terms
begin, or as soon thereafter as practicable, and he shall serve until
his successor has been elected and qualified. The council president
shall act as mayor during the absence, disability or suspension of
the mayor. He shall preside at all meetings of the council in the
absence of the mayor and while presiding in the place of the mayor,
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he shall have all the powers, rights, privileges and duties as other
members of the council. In the absence of the mayor and the council
president, the council shall elect from among its members an acting
president of the city council to occupy the position temporarily.
Laws 1977, c. 256, § 9-107, eff. July 1, 1978.
§11-9-108. Powers vested in council - Designated powers.
Except as otherwise provided in this article, all powers of a
statutory aldermanic city, including the determination of matters of
policy, shall be vested in the council. Without limitation of the
foregoing, the council may:
1. Enact municipal legislation subject to such limitations as
may now or hereafter be imposed by the Oklahoma Constitution and law;
2. Raise revenue, make appropriations, regulate salaries and
wages, and all other fiscal affairs of the city, subject to such
limitations as may now or hereafter be imposed by the Oklahoma
Constitution and law;
3. Inquire into the conduct of any office, department or agency
of the city, and investigate municipal affairs, or authorize and
provide for such inquiries; and
4. Create, change and abolish offices, departments and agencies
other than those established by law; assign additional functions and
duties to offices, departments and agencies established by this
article; and define the duties, powers and privileges of all officers
which are not defined by this article.
Laws 1977, c. 256, § 9-108, eff. July 1, 1978.
§11-9-109. Council - Meetings.
The council shall meet regularly at least monthly at such times
as it may prescribe by ordinance or otherwise. The mayor or any
three (3) councilmembers may call special meetings. The call for
special meetings must be in writing and specify the subjects to be
considered. No business other than that specified in the call shall
be transacted at the special meeting.
Laws 1977, c. 256, § 9-109, eff. July 1, 1978.
§11-9-110. Council - Quorum - Rules and voting.
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.
Laws 1977, c. 256, § 9-110, eff. July 1, 1978.
§11-9-111. Vacancy in the office of mayor.
When a vacancy occurs in the office of the mayor less than ninety
(90) days before the next regular municipal election, the president
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of the city council shall act as mayor until the next regular
municipal election, at which time the registered voters of the city
shall elect a person to fill any unexpired term, and until a mayor is
elected and qualified for office. If the vacancy in the mayor's
office occurs more than ninety (90) days before the next regular
municipal election, the acting mayor shall cause a special election
to be held for the purpose of electing a mayor for the duration of
the unexpired term. The acting mayor shall be entitled to receive
the same compensation as the mayor would be entitled to.
Laws 1977, c. 256, § 9-111, eff. July 1, 1978.
§11-9-112. City clerk - Creation and duties - Compensation.
The city clerk shall be an officer of the city. The clerk shall
serve as clerk for the council. The city clerk shall:
1. keep the journal of the proceedings of the city council; and
2. enroll all ordinances and resolutions passed by the council
in a book or set of books kept for that purpose; and
3. have custody of documents, records, and archives, as may be
provided for by law or by ordinance, and have custody of the seal of
the city; and
4. attest and affix the seal of the city to documents as
required by law or by ordinance; and
5. have such other powers, duties, and functions related to his
statutory duties as may be prescribed by law or by ordinance. The
person who serves as city clerk may be employed by the city to
perform duties not related to his position as city clerk. The
salary, if any, for said duties shall be provided for separately by
ordinance.
Amended by Laws 1984, c. 126, § 12, eff. Nov. 1, 1984.
§11-9-113. City treasurer - Creation and duties - Compensation.
The city treasurer shall be an officer of the city. Subject to
such regulations as the council may prescribe, the city treasurer
shall deposit daily funds received for the city in depositories as
the council may designate. The city treasurer shall have such other
powers, duties, and functions related to his statutory duties as may
be prescribed by law or by ordinance. The person who serves as city
treasurer may be employed by the city to perform duties not related
to his position as city treasurer. The salary, if any, for said
duties shall be provided for separately by ordinance.
Amended by Laws 1984, c. 126, § 13, eff. Nov. 1, 1984.
§11-9-114. Marshal and street commissioner.
There shall be one marshal and one street commissioner, who shall
be officers of the city. The marshal may be the chief of police.
The marshal shall have such powers, duties, and functions as may be
prescribed by law or by ordinance. The street commissioner may be
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the head of the street department. The street commissioner shall
have such powers, duties, and functions as may be prescribed by law
or by ordinance.
Amended by Laws 1984, c. 126, § 14, eff. Nov. 1, 1984.
§11-9-115. Merger or consolidation of city offices.
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.
Amended by Laws 1984, c. 126, § 15, eff. Nov. 1, 1984.
§11-9-116. Compensation of elective officers.
The compensation of all elective city officers shall be fixed by
ordinance.
Added by Laws 1977, c. 256, § 9-116, eff. July 1, 1978. Amended by
Laws 1996, c. 79, § 1, eff. Nov. 1, 1996.
§11-9-117. Appointments and removals.
Appointments and promotions in the service of a statutory
aldermanic city shall be made solely on the basis of merit and
fitness. Removals, demotions, suspensions, and layoffs shall be made
solely for the good of the service. The council may suspend for
cause, by a majority vote of all its members, any officer of the city
except the mayor. The council by ordinance may establish a system
for appointment and removal of employees on the basis of merit.
After the council establishes a merit system, it shall adopt
regulations governing the organization and functioning of the system,
and for the regulation of personnel matters. The ordinance
establishing the merit system may not be repealed except upon the
approval of a majority of the registered voters voting on the
question at a special or general election in the city.
Amended by Laws 1984, c. 126, § 16, eff. Nov. 1, 1984.
§11-9-118. City officials and employees - Suspension or removal -
Successors.
An appointed officer or employee may be suspended, demoted, laid
off or removed by the mayor. Where appeal procedures have not been
established by ordinance, the officer or employee may appeal the
action to the city council. The appeal shall be in writing and shall
be filed with the clerk of the council within ten (10) days after the
effective date of the layoff, suspension, demotion or removal. The
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council may affirm, reverse or modify the mayor's decision. The
mayor may appoint a person to act during the temporary absence,
disability or suspension of such officer or employee, or, in the case
of a vacancy, until a successor is appointed and qualified.
Laws 1977, c. 256, § 9-118, eff. July 1, 1978.
§11-10-101. Statutory council-manager form of government.
The form of government provided by Sections 10-101 through 10-121
of this title shall be known as the statutory council-manager form of
city government. Cities governed under the statutory council-manager
form shall have all the powers, functions, rights, privileges,
franchises and immunities granted, or which may be granted, to
cities. Such powers shall be exercised as provided by law applicable
to cities under the statutory council-manager form, or if the manner
is not thus prescribed, then in such manner as the council may
prescribe.
Laws 1977, c. 256, § 10-101, eff. July 1, 1978.
§11-10-102. Governing body.
The governing body of a statutory council-manager city shall
consist of one (1) councilmember from each ward of the city and one
(1) councilmember at large.
Laws 1977, c. 256, § 10-102, eff. July 1, 1978.
§11-10-103. Qualifications of councilmembers.
The councilmembers shall be residents and registered voters of
the city. The councilmembers from wards shall be actual residents of
their respective wards at the time of their candidacy and election;
but removal of a councilmember from one ward to another within the
city after his election, or a change in ward boundaries, shall not
disqualify him from completing the term for which he was elected.
Laws 1977, c. 256, § 10-103, eff. July 1, 1978.
§11-10-104. Election of mayor and vice-mayor.
The council shall elect from among its members a mayor and a
vice-mayor. The mayor and vice-mayor shall be elected in each odd-
numbered year at the first council meeting held after council terms
begin, or as soon thereafter as practicable, and they shall serve
until their respective successors have been elected and qualified.
Laws 1977, c. 256, § 10-104, eff. July 1, 1978.
§11-10-105. Duties of mayor and vice-mayor.
The mayor shall preside at meetings of the council, and shall
certify to the correct enrollment of all ordinances and resolutions
passed by it. He shall be recognized as head of the city government
for all ceremonial purposes and by the Governor for purposes of
military law. He shall have no regular administrative duties except
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that he shall sign all conveyances and other written obligations of
the city as the council may require. The vice-mayor shall act as
mayor during the absence, disability or suspension of the mayor.
Laws 1977, c. 256, § 10-105, eff. July 1, 1978.
§11-10-106. Powers vested in council - Designated powers.
All powers of a statutory council-manager city, including the
determination of matters of policy, shall be vested in the council.
Without limitation of the foregoing, the council may:
1. Appoint and remove the city manager as provided by law;
2. Enact municipal legislation subject to limitations as may now
or hereafter be imposed by the Oklahoma Constitution and law;
3. Raise revenue, make appropriations, regulate salaries and
wages, and all other fiscal affairs of the city, subject to such
limitations as may now or hereafter be imposed by the Oklahoma
Constitution and law;
4. Inquire into the conduct of any office, department or agency
of the city, and investigate municipal affairs, or authorize and
provide for such inquiries;
5. Appoint or elect and remove its own subordinates, members of
commissions and boards and other quasi-legislative or quasi-judicial
officers as provided by law, or prescribe the method of appointing or
electing and removing them;
6. Create, change and abolish offices, departments and agencies
other than those established by law, and assign additional functions
and duties to offices, departments and agencies established by this
article; and
7. Grant pardons for violations of municipal ordinances,
including the remission of fines and costs, upon the recommendation
of the municipal judge.
Laws 1977, c. 256, § 10-106, eff. July 1, 1978.
§11-10-107. Limitation of council authority to act through city
manager.
Except for the purposes of inquiry, the council and its members
shall deal with the administrative service of the city solely through
the city manager. The council and its members may not:
1. Direct or request the city manager or other authority to
appoint or remove officers or employees;
2. Participate in any manner in the appointment or removal of
officers and employees of the city, except as provided by law; or
3. Give orders on ordinary administrative matters to any
subordinate of the city manager either publicly or privately.
Laws 1977, c. 256, § 10-107, eff. July 1, 1978.
§11-10-108. Council - Meetings.
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The council shall meet regularly at least monthly at such times
as it may prescribe by ordinance or otherwise. The mayor or any
three councilmembers may call special meetings.
Laws 1977, c. 256, § 10-108, eff. July 1, 1978.
§11-10-109. Council - Quorum - Rules and voting.
A majority of all the members of the council shall constitute a
quorum, but a smaller number may adjourn from day to day. The
council shall determine its own rules.
Laws 1977, c. 256, § 10-109, eff. July 1, 1978.
§11-10-110. Vacancy in the office of mayor or vice-mayor.
When a vacancy occurs in the office of mayor, the vice-mayor
shall become the mayor for the duration of the unexpired term. When
a vacancy occurs in the office of vice-mayor, the council shall elect
another vice-mayor from among its members for the duration of the
unexpired term.
Laws 1977, c. 256, § 10-110, eff. July 1, 1978.
§11-10-111. Compensation of elective officers.
The compensation of all elective city officers shall be fixed by
ordinance.
Added by Laws 1977, c. 256, § 10-111, eff. July 1, 1978. Amended by
Laws 1996, c. 79, § 2, eff. Nov. 1, 1996.
§11-10-112. City manager - Appointment by council.
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
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planner during the term for which they shall have been elected nor
within two (2) years after they cease to hold such office.
Added by Laws 1977, c. 256, § 10-112, eff. July 1, 1978. Amended by
Laws 2005, c. 386, § 1, eff. Nov. 1, 2005; Laws 2008, c. 304, § 2,
eff. Nov. 1, 2008; Laws 2009, c. 42, § 2, eff. Nov. 1, 2009; Laws
2009, c. 257, § 1, eff. Nov. 1, 2009.
§11-10-113. City manager - Duties.
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 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.
Laws 1977, c. 256, § 10-114, eff. July 1, 1978.
§11-10-114. Designation of acting city manager.
The city manager, by letter filed with the city clerk, may
appoint a qualified administrative officer of the city to be acting
city manager during the temporary absence or disability of the city
manager. The council may appoint an acting city manager whenever:
1. The manager fails to make such designation;
2. The council suspends the city manager; or
3. There is a vacancy in the office of city manager.
Laws 1977, c. 256, § 10-114, eff. July 1, 1978.
§11-10-115. Suspension or removal of city manager.
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The council may suspend or remove the city manager or acting city
manager at any time by a vote of a majority of all its members.
Laws 1977, c. 256, § 10-115, eff. July 1, 1978.
§11-10-116. Purchases and sales by city manager - Competitive
bidding - Transfer of manager's powers.
A. The city manager shall contract for, purchase, or issue
purchase authorizations for all supplies, materials, and equipment
for offices, departments, and agencies of the city government,
subject to any regulations which the council may prescribe. Every
contract or purchase exceeding an amount to be established by the
council shall require the prior approval of the council. The city
manager may also sell or transfer to or between offices, departments,
and agencies surplus or obsolete supplies, materials, and equipment,
subject to regulations the council may prescribe.
B. The council may prescribe requirements and procedures for
competitive bidding. Notice and opportunity for competitive bidding
shall be given before a purchase or contract for supplies, materials,
or equipment is made, and before a sale of any surplus or obsolete
supplies, materials, or equipment is made, in accordance with
regulations the council may prescribe. The council shall not exempt
a particular contract, purchase, or sale from the requirement of
competitive bidding.
C. The council may transfer some or all of the power granted to
the city manager pursuant to the provisions of this section to an
employee appointed by and subordinate to the city manager.
Amended by Laws 1984, c. 126, § 17, eff. Nov. 1, 1984.
§11-10-117. City clerk - Creation and duties - Compensation.
The city clerk shall be an officer of the city, appointed by the
city manager for an indefinite term. The city clerk shall serve as
clerk for the council. Subject to regulations the council may
prescribe, the city clerk shall:
1. keep the journal of the proceedings of the council; and
2. enroll all ordinances and resolutions passed by the council
in a book or set of books kept for that purpose; and
3. have custody of documents, records, and archives, as may be
provided for by law or by ordinance, and have custody of the seal of
the city; and
4. attest and affix the seal of the city to documents as
required by law or by ordinance; and
5. have such other powers, duties, and functions related to his
statutory duties as may be prescribed by law or by ordinance. The
person who serves as city clerk may be employed by the city to
perform duties not related to his position as city clerk. The
salary, if any, for said duties shall be provided for separately by
ordinance.
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Laws 1977, c. 256, § 10-117, eff. July 1, 1978; Laws 1984, c. 126, §
18, eff. Nov. 1, 1984.
§11-10-118. City treasurer - Creation and duties - Compensation.
The city treasurer shall be an officer of the city, appointed by
the council for an indefinite term. The council may provide by
ordinance that the same person may hold both the office of city clerk
and the office of city treasurer. Subject to such regulations as the
council may prescribe, the city treasurer shall deposit daily funds
received for the city in depositories as the council may designate.
The city treasurer shall have such other powers, duties, and
functions related to his statutory duties as may be prescribed by law
or by ordinance. The person who serves as city treasurer may be
employed by the city to perform duties not related to his position as
city treasurer. The salary, if any, for said duties shall be
provided for separately by ordinance.
Amended by Laws 1984, c. 126, § 19, eff. Nov. 1, 1984.
§11-10-119. Departments included in council-manager government.
In a statutory council-manager city, there shall be a police
department, a fire department, a department of law headed by a city
attorney, and other administrative departments, offices and agencies
as the council may establish.
Laws 1977, c. 256, § 10-119, eff. July 1, 1978.
§11-10-120. Appointments and removals.
Appointments and promotions in the service of a statutory
council-manager city shall be made solely on the basis of merit and
fitness; and removals, demotions, suspensions, and layoffs shall be
made solely for the good of the service. The council by ordinance
may establish a merit system and provide for its organization and
functioning, and provide for personnel administration and regulation
of personnel matters.
Laws 1977, c. 256, § 10-120, eff. July 1, 1978.
§11-10-121. City officials and employees - Suspension or removal -
Successors.
An officer or employee may be suspended, demoted, laid off or
removed by the city manager or other authority which has the power to
appoint or elect the officer or employee. The city manager or other
authority which has the power to appoint or elect the successor of an
officer or employee may appoint or elect a person to act during the
temporary absence, disability or suspension of such officer or
employee, or, in the case of a vacancy, until a successor is
appointed or elected and qualified. The council may ordain that a
particular superior or subordinate or deputy of such officer or
employee shall act in such cases.
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Laws 1977, c. 256, § 10-121, eff. July 1, 1978.
§11-11-101. Strong-mayor-council form of government.
The form of government provided by Sections 11-101 through 11-125
of this title shall be known as the statutory strong-mayor-council
form of city government. Cities governed under the statutory strong-
mayor-council form shall have all the powers, functions, rights,
privileges, franchises and immunities granted, or which may be
granted, to cities. Such powers shall be exercised as provided by
law applicable to cities under the statutory strong-mayor-council
form, or if the manner is not thus prescribed, then in such manner as
the council may prescribe.
Laws 1977, c. 256, § 11-101, eff. July 1, 1978.
§11-11-102. Governing body.
The governing body of a statutory strong-mayor-council city shall
consist of the mayor, who is elected at large, and one (1)
councilmember from each ward of the city. The mayor shall serve as
ex officio councilmember at large.
Laws 1977, c. 256, § 11-102, eff. July 1, 1978.
§11-11-103. Qualifications of governing body members.
The governing body members shall be residents and registered
voters of the city. The councilmembers from wards shall be actual
residents of their respective wards at the time of their candidacy
and election; but removal of a councilmember from one ward to another
within the city after his election, or a change in ward boundaries,
shall not disqualify him from completing the term for which he was
elected.
Laws 1977, c. 256, § 11-103, eff. July 1, 1978.
§11-11-104. Election of vice-mayor - Duties.
The council shall elect from among its members a vice-mayor. The
vice-mayor shall be elected in each odd-numbered year at the first
council meeting held after council terms begin, or as soon thereafter
as practicable, and he shall serve until his successor has been
elected and qualified. The vice-mayor shall act as mayor during the
absence, disability or suspension of the mayor. During the absence,
disability or suspension of both the mayor and vice-mayor, the
council may elect an acting mayor from among its members to serve as
mayor.
Laws 1977, c. 256, § 11-104, eff. July 1, 1978.
§11-11-105. Mayor - Duties as president of council - Temporary
council president.
A. The mayor shall preside at meetings of the council and shall
certify to the correct enrollment of all ordinances and resolutions
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passed by it. As councilmember at large, he shall have all the
powers, rights, privileges, duties and responsibilities of a
councilmember, including the right to vote on questions.
B. The council may elect any councilmember to preside as
temporary president of the council whenever it deems that the mayor
has a personal interest in a matter under consideration, or it deems
that the mayor is not properly performing his duties as presiding
officer. Such temporary president may certify to the correct
enrollment of ordinances and resolutions passed while he is
presiding.
Laws 1977, c. 256, § 11-105, eff. July 1, 1978.
§11-11-106. Mayor - Duties as chief executive officer.
The mayor shall be chief executive officer and head of the
administrative branch of the city government. He shall execute the
laws and ordinances, and administer the government of the city. He
shall be recognized as the head of the city government for all
ceremonial purposes and by the Governor for purposes of military law.
He shall:
1. Appoint, and when necessary for the good of the service,
remove, demote, lay off, or suspend all heads or directors of
administrative departments and all other administrative officers and
employees of the city in the manner provided by law. The mayor or
the council by ordinance may authorize the head of a department,
office or agency to appoint and remove subordinates in such
department, office or agency;
2. Supervise and control, directly or indirectly, all
administrative departments, agencies, officers and employees;
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 such recommendations as he deems
desirable;
6. Grant pardons for violations of city ordinances, including
the remission of fines and costs, upon the recommendation of the
municipal judge; and
7. Have such other powers, duties and functions as may be
prescribed by law or by ordinance.
Laws 1977, c. 256, § 11-106, eff. July 1, 1978.
§11-11-107. Mayor - Additional offices or duties.
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The mayor may appoint himself, or the council or other authority
may elect or appoint him, to other offices and positions in the city
government, subject to regulations as the council may prescribe; but
he may not receive compensation for service in such other offices and
positions. The council may provide that the mayor shall hold ex
officio designated administrative offices subordinate to the mayor as
well as other designated compatible city offices.
Laws 1977, c. 256, § 11-107, eff. July 1, 1978.
§11-11-108. Powers vested in council - Designated powers.
Except as otherwise provided in this article, all powers of a
statutory strong-mayor-council city, including the determination of
all matters of policy, shall be vested in the council. Without
limitation of the foregoing, the council may:
1. Enact municipal legislation suject to such limitations as may
now or hereafter be imposed by the Oklahoma Constitution and law;
2. Raise revenue, make appropriations, regulate salaries and
wages, and all other fiscal affairs of the city, subject to such
limitations as may now or hereafter be imposed by the Oklahoma
Constitution and law;
3. Inquire into the conduct of any office, department or agency
of the city, and investigate municipal affairs, or to authorize and
provide for such inquiries and investigations;
4. Appoint or elect and remove its own subordinates, members of
commissions and boards, and other quasi-legislative, quasi-judicial
or advisory officers and authorities as provided by law, or prescribe
the method of appointing or electing and removing them; and
5. Create, change and abolish offices, departments and agencies
other than those established by law, and assign additional functions
and duties to offices, departments and agencies established by this
article.
Laws 1977, c. 256, § 11-108, eff. July 1, 1978.
§11-11-109. Council - Meetings.
The council shall meet regularly at least monthly at such times
as it may prescribe by ordinance or otherwise. The mayor or any
three councilmembers may call special meetings.
Laws 1977, c. 256, § 11-109, eff. July 1, 1978.
§11-11-110. Council - Quorum - Rules.
A majority of all the members of the council shall constitute a
quorum, but a smaller number may adjourn from day to day. The
council may determine its own rules.
Laws 1977, c. 256, § 11-110, eff. July 1, 1978.
§11-11-111. Vacancy in the office of mayor or vice-mayor.
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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 elect from
among its members another vice-mayor for the duration of the
unexpired term.
Added by Laws 1977, c. 256, § 11-111, eff. July 1, 1978. Amended by
Laws 1993, c. 9, § 1, eff. Sept. 1, 1993.
§11-11-112. Compensation of elective officers.
The compensation of all elective city officers shall be fixed by
ordinance.
Added by Laws 1977, c. 256, § 11-112, eff. July 1, 1978. Amended by
Laws 1996, c. 79, § 3, eff. Nov. 1, 1996.
§11-11-113. City clerk - Creation and duties - Compensation.
The city clerk shall be an officer of the city, appointed by the
mayor for an indefinite term. The city clerk shall serve as clerk
for the council. Subject to regulations the council may prescribe,
the city clerk shall:
1. keep the journal of the proceedings of the council; and
2. enroll all ordinances and resolutions passed by the council
in a book or books kept for that purpose; and
3. have custody of documents, records, and archives, as may be
provided for by law or by ordinance, and have custody of the seal of
the city; and
4. attest and affix the seal of the city to documents as
required by law or by ordinance; and
5. have such other powers, duties, and functions related to his
statutory duties as may be prescribed by law or by ordinance. The
person who serves as city clerk may be employed by the city to
perform duties not related to his position as city clerk. The
salary, if any, for said duties shall be provided for separately by
ordinance.
Amended by Laws 1984, c. 126, § 20, eff. Nov. 1, 1984.
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§11-11-114. Appointment of temporary clerk of council.
The council may appoint a temporary clerk of the council to serve
during the absence from a meeting of the city clerk and acting city
clerk, if any, or when it deems that the city clerk or acting city
clerk is not properly performing his duties as clerical officer of
the council. The temporary clerk of the council shall keep the
journal of its proceedings, certify documents of the council, and
perform all other duties and functions as clerical officer of the
council, under the direction of the council and its presiding
officer.
Laws 1977, c. 256, § 11-114, eff. July 1, 1978.
§11-11-115. City treasurer - Creation and duties - Compensation.
The city treasurer shall be an officer of the city, appointed by
the mayor for an indefinite term. The council may provide by
ordinance that the same person may hold both the office of city clerk
and the office of city treasurer. Said council may also provide by
ordinance that the city clerk shall be ex officio city treasurer and
that an acting city clerk shall be ex officio acting city treasurer.
Subject to such regulations as the council may prescribe, the city
treasurer shall deposit daily funds received for the city in
depositories as the council may designate. The city treasurer shall
have such other powers, duties, and functions related to his
statutory duties as may be prescribed by law or by ordinance. The
person who serves as city treasurer may be employed by the city to
perform duties not related to his position as city treasurer. The
salary, if any, for said duties shall be provided for separately by
ordinance.
Amended by Laws 1984, c. 126, § 21, eff. Nov. 1, 1984.
§11-11-116. Purchases and sales by mayor - Competitive bidding -
Transfer of mayor's powers.
A. The mayor, subject to any regulations which the council may
prescribe, shall contract for, purchase, or issue purchase
authorizations for all supplies, materials and equipment for offices,
departments and agencies of the city government. Every contract or
purchase exceeding an amount to be established by ordinance shall
require the prior approval of the council. The mayor may also sell
or transfer to or between offices, departments and agencies, surplus
or obsolete supplies, materials and equipment, subject to regulations
as the council may prescribe.
B. The council by ordinance may prescribe requirements and
procedures for competitive bidding. Notice and opportunity for
competitive bidding, in accordance with regulations as the council
may prescribe, shall then be given before a purchase or contract for
supplies, materials or equipment is made. The council shall not
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exempt a particular contract, purchase or sale from the requirement
of competitive bidding.
C. The council by ordinance may transfer some or all of the
power granted to the mayor by this section to an officer appointed by
and subordinate to the mayor.
Laws 1977, c. 256, § 11-116, eff. July 1, 1978.
§11-11-117. Departments and agencies.
In a statutory strong-mayor-council city, there shall be a police
department, a fire department, a department of law headed by a city
attorney, and such other administrative departments, offices and
agencies as the council may establish.
Laws 1977, c. 256, § 11-117, eff. July 1, 1978.
§11-11-118. Appointments and removals - Personnel department.
Appointments and promotions in the service of a statutory strong-
mayor-council city shall be made solely on the basis of merit and
fitness; and removals, demotions, suspensions and layoffs shall be
made solely for the good of the service. The council by ordinance
may establish a merit system and provide for its organization and
functioning, and provide for personnel administration and regulations
of personnel matters. If and when the council establishes a merit
system, it shall create a personnel department, the head of which
shall be a personnel director appointed by the mayor for an
indefinite term. The mayor may serve also as personnel director.
Laws 1977, c. 256, § 11-118, eff. July 1, 1978.
§11-11-119. Personnel board - Membership and tenure.
In a statutory strong-mayor-council city, there shall be a
personnel board consisting of three members elected by the council
for staggered six-year terms. The council shall elect the three
original members so that the term of one member will expire in each
succeeding even-numbered year. The term of their successors shall be
for six (6) years, beginning at 7:30 o'clock p.m. on the first Monday
in May in every even-numbered year. Members shall serve until their
successors are elected and qualified, and they shall serve without
compensation unless the council provides otherwise. The council, by a
vote of a majority of its members, after adequate opportunity for a
public hearing, may remove a member for the good of the service, and
may fill vacancies for the unexpired term.
Laws 1977, c. 256, § 11-119, eff. July 1, 1978.
§11-11-120. Personnel board - Officers and meetings.
At the time prescribed for the beginning of the term of a newly
elected member or as soon thereafter as practicable, the members of
the personnel board shall elect a chairman, a vice-chairman and a
secretary. The secretary need not be a member of the board. The
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board shall determine the time and place of its regular meetings, and
the chairman or two members may call special meetings of the board.
Laws 1977, c. 256, § 11-120, eff. July 1, 1978.
§11-11-121. Classified and unclassified service.
All officers and employees of a statutory strong-mayor-council
city shall be divided into the classified and the unclassified
service. The unclassified service shall consist of:
1. The mayor and councilmembers, one secretary of the mayor, if
any, the municipal judge, and one clerk or secretary of the municipal
court, if any;
2. All personnel appointed, elected or confirmed by the council;
3. Members and secretaries of boards, commissions and other
plural authorities; 4. All personnel who serve without compensation;
and
5. Persons appointed or employed on a temporary basis to make or
conduct a special audit, inquiry, investigation, study, examination
or installation, or to perform a temporary professional or technical
service, subject to exclusions, limitations and regulations as may be
prescribed by ordinance or personnel rules.
All other officers and employees shall be in the classified service.
Laws 1977, c. 256, § 11-121, eff. July 1, 1978.
§11-11-122. Political appointments or promotions prohibited - Review
of alleged violations.
A. Neither the mayor nor any other appointing authority may
appoint or promote any person to any office or position in the
classified service of the city for any political reason nor for any
reason other than merit and fitness.
B. A qualified elector of the city may bring an alleged
violation of this section before the city personnel board for
consideration and determination. Alleged violations shall be made in
the form of a sworn complaint charging that a designated person has
been appointed or promoted to an office or position in the classified
service in violation of this section. The complaint shall be filed
with the secretary or chairman of the personnel board not later than
sixty (60) days after the effective date of such appointment or
promotion, and shall be accompanied by a deposit of Twenty Dollars
($20.00) for payment of costs. The personnel board shall provide
adequate opportunity for a public hearing on the complaint. If the
board finds to its satisfaction that the appointment or promotion was
made in violation of this section, it shall veto the appointment or
promotion. The appointment or promotion shall thereby be nullified
and the money deposit shall be returned to the complainant.
Laws 1977, c. 256, § 11-122, eff. July 1, 1978.
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§11-11-123. Political activity prohibited for officers and employees
in classified service - Removal for violations.
A. No officer or employee in the classified service of a
statutory strong-mayor-council city may actively influence, or
actively attempt to influence, or work actively for, the nomination,
election or defeat of any candidate for mayor or councilmember; but
this shall not prohibit the ordinary exercise of one's right as a
citizen to express his opinions and to vote. An officer or employee
who violates this section shall be removed from office or position
either by the authority normally having power to remove him, or,
after adequate opportunity for a public hearing, by the personnel
board. An officer or employee who violates this section shall not
hold any office or position in the city government for a period of
four (4) years thereafter.
B. A qualified elector of the city may bring an alleged
violation of this section before the personnel board for
consideration and determination. Alleged violations shall be made in
the form of a sworn complaint charging an officer or employee with
such violation. The complaint shall be filed with the secretary or
chairman of the personnel board and shall be accompanied by a deposit
of Twenty Dollars ($20.00) for payment of costs. If the personnel
board finds to its satisfaction that the officer or employee has
violated this section prohibiting political activity, it shall remove
him from office or position, and the money deposit shall be returned
to the complainant.
Laws 1977, c. 256, § 11-123, eff. July 1, 1978.
§11-11-124. City officials and employees - Suspension or removal -
Successors.
An officer or employee may be suspended, demoted, laid off or
removed in the manner provided by law by the mayor or other authority
which has the power to appoint or elect the officer or employee. The
mayor or other authority which has the power to appoint or elect the
successor of an officer or employee may appoint or elect a person to
act during the temporary absence, disability or suspension of such
officer or employee, or, in the case of a vacancy, until a successor
is appointed or elected and qualified. The council may ordain that a
particular superior or subordinate or deputy of such officer or
employee shall act in such cases.
Laws 1977, c. 256, § 11-124, eff. July 1, 1978.
§11-11-125. Removal of employees in classified service - Procedure.
Whenever the mayor or other authority lays off, suspends without
pay, demotes or removes an officer or employee in the classified
service who has completed a probationary period of six (6) months,
the following procedure shall apply:
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1. The mayor or other appointing authority shall deliver, or
mail by certified mail, a written statement of the causes for the
layoff, suspension, demotion or removal to the officer or employee
not later than three (3) days after the effective date of the
personnel action;
2. The officer or employee may appeal the action to the
personnel board. The appeal must be in writing, and must be filed
with the secretary or chairman of the personnel board within ten (10)
days after the effective date of the layoff, suspension, demotion or
removal;
3. The personnel board shall hold a public hearing on the
appeal, or give an adequate opportunity therefor, as soon as
practicable after an appeal has been filed;
4. The personnel board shall report in writing its findings and
recommendations to the mayor, where the appellant is a subordinate of
the mayor, or to the respective authority having power of removal;
and
5. The mayor or other authority having power of removal shall
make the final decision in writing regarding the appellant's layoff,
suspension, demotion or removal; but if the personnel board finds to
its satisfaction that the layoff, suspension, demotion, or removal
was made for a political reason or for any reason other than the good
of the service, it shall veto the layoff, suspension, demotion or
removal, and the action by the mayor or other authority shall be
nullified thereby.
Laws 1977, c. 256, § 11-125, eff. July 1, 1978.
§11-12-101. Statutory town board of trustees form of government.
The form of government provided by Sections 12-101 through 12-114
of this title shall be known as the statutory town board of trustees
form of government. Towns governed under the statutory town board of
trustees form shall have all the powers, functions, rights,
privileges, franchises and immunities granted, or which may be
granted, to towns. Such powers shall be exercised as provided by law
applicable to towns under the town board of trustees form, or if the
manner is not thus prescribed, then in such manner as the board of
trustees may prescribe.
Laws 1977, c. 256, § 12-101, eff. July 1, 1978.
§11-12-102. Governing body - Board of trustees - Terms.
The town board of trustees shall consist of either three (3) or
five (5) trustees who shall be nominated from wards or at large and
elected at large. The governing body may submit to the voters the
question of whether the town board shall consist of either three (3)
or five (5) trustees. If approved, the election of trustees to fill
any new positions shall take place at the time set by the town board
but no later than the next regular municipal election. The terms of
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the new trustees shall be staggered as provided for in Sections 16-
205 and 16-206 of this title.
Amended by Laws 1984, c. 126, § 22, eff. Nov. 1, 1984.
§11-12-103. Qualifications of trustees.
The trustees who are nominated from wards shall be actual
residents of their respective wards. Removal of a trustee from the
ward for which he was elected shall not cause a vacancy in the office
of that trustee.
Laws 1977, c. 256, § 12-103, eff. July 1, 1978; Laws 1981, c. 14, §
2.
§11-12-103.1. Nomination and election of at large trustees -
Ordinance - Petition.
A. The board of trustees may, by ordinance, provide for the
nomination and election at large of the trustees of a statutory town
board of trustees form of government; provided, however, that such
ordinance shall not become effective until sixty (60) days following
the date of its publication. After the ordinance becomes effective,
the requirement that trustees of a town be residents of and nominated
from wards shall not apply.
B. Within such sixty-day period, the registered voters of such
town may petition for an election on the question of nominating and
electing the trustees at large. The petition shall be signed by a
number of such registered voters that is not less than twenty percent
(20%) of the votes cast at the most recent election for the town
office receiving the greatest number of votes. The petition shall be
filed with the town clerk. The ordinance providing for the
nomination and election of trustees at large shall be suspended
pending the determination of the sufficiency of the number of
signatures on the petition or the determination of the results of the
election.
C. Each petition filed with the town clerk shall be on a
separate sheet and shall be authenticated by the affidavit of at
least one credible witness that the signatures are genuine and that
the signers of the petition are registered voters of the town. The
clerk shall make a physical count of the number of signatures
appearing on the petitions and shall verify with the county election
board the number of votes cast at the most recent town election for
the office receiving the greatest number of votes. The clerk shall
then publish a notice of the filing and the apparent sufficiency or
insufficiency of the petition. The notice shall also state that any
qualified elector of the town may file a protest to the petition or
an objection to the count made by the clerk. A protest to the
petition or the count of signatures shall be filed in the district
court in the county in which the situs of the town is located within
ten (10) days after the publication. Written notice of the protest
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shall be served upon the clerk and the parties who filed the
petition. In the case of the filing of an objection to the count,
notice shall also be served upon any party filing a protest. The
district court shall fix a day, not less than ten (10) days after the
filing of a protest, to hear testimony and arguments for and against
the sufficiency of the petition. A protest filed by anyone, if
abandoned by the party filing it, may be revived within five (5) days
by any other qualified elector. After the hearing, the district
court shall decide whether such petition is in form required by law.
If the number of signatures on the petition is insufficient, the
ordinance shall become effective.
D. If the number of signatures of the registered voters on the
petition is sufficient, an election on the question shall be
conducted as provided in the applicable sections of Article 16 of
this title. The question on the ballot shall read substantially as
follows:
For the nomination and election of
trustees at large ( )
Against the nomination and election
of trustees at large ( )
E. If a majority of the votes cast on the question favor the
nomination and election of trustees at large, the ordinance shall
become effective. If a majority of the votes cast on the question
are against the nomination and election of the trustees at large, the
ordinance shall not become effective.
Laws 1981, c. 14, § 3.
§11-12-103.2. Notice of at large election of trustees - Ballot -
Candidate elected.
A. Whenever the trustees of a town are to be nominated and
elected at large, the notice of election shall state the number of
trustees to be elected for four-year terms and the number of trustees
to be elected to fill unexpired terms, if any. Candidates for the
office of trustee shall state on the declaration of candidacy the
term of the office being sought.
B. The ballot shall state the number of offices of trustee to be
filled for each designated term and that the voters shall vote for
the number of offices to be filled.
C. The candidate who receives a plurality of the votes cast for
the office of trustee for the designated term shall be elected for
that designated term. If more than one office of trustee is to be
filled for a designated term, the candidates receiving the largest
pluralities shall be elected to those offices.
Laws 1981, c. 14, § 4.
§11-12-104. Election of mayor.
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The board of trustees shall elect from among its members a mayor.
The mayor shall be elected in each odd-numbered year at the first
board of trustees meeting held after trustee terms begin, or as soon
thereafter as practicable. The mayor shall serve until his successor
has been elected and qualified. All references to the president of
the town board of trustees in Oklahoma Statutes shall mean the town
mayor.
Laws 1977, c. 256, § 12-104, eff. July 1, 1978.
§11-12-105. Duties of the mayor - Acting mayor.
The mayor shall preside at meetings of the board and shall
certify to the correct enrollment of all ordinances and resolutions
passed by it. He shall be recognized as head of the town government
for all ceremonial purposes and shall have such other powers, duties
and functions as may be prescribed by law or ordinance. The mayor
shall have all the powers, rights, privileges, duties and
responsibilities of a trustee, including the right to vote on
questions. During the absence, disability or suspension of the
mayor, the board shall elect from among its members an acting mayor.
When a vacancy occurs in the office of mayor, the board shall elect
another mayor from among its members to serve for the duration of the
unexpired term.
Laws 1977, c. 256, § 12-105, eff. July 1, 1978.
§11-12-106. Powers vested in board of trustees - Designated powers.
All powers of a statutory town board of trustees town, including
the determination of matters of policy, shall be vested in the board
of trustees. Without limitation of the foregoing, the board may:
1. Appoint and remove, and confirm appointments of, designated
town officers and employees as provided by law or ordinance;
2. Enact municipal legislation subject to limitations as may now
or hereafter be imposed by the Oklahoma Constitution and law;
3. Raise revenue, establish rates for services and taxes, make
appropriations, regulate salaries and wages and all other fiscal
affairs of the town, subject to limitations as may now or hereafter
be imposed by the Oklahoma Constitution and law;
4. Inspect the books and accounts maintained by the town
treasurer;
5. Inquire into the conduct of any office, department or agency
of the town, and investigate municipal affairs, or authorize and
provide for such inquiries;
6. Create, change and abolish offices, departments or agencies,
other than those established by law; assign additional functions and
duties to offices, departments and agencies established by this
article; and define the duties, powers and privileges of all officers
which are not defined by this article; and
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7. Grant pardons for violation of municipal ordinances,
including the remission of fines and costs.
Laws 1977, c. 256, § 12-106, eff. July 1, 1978.
§11-12-107. Board of trustees - Meetings.
The board of trustees shall meet regularly at least monthly at
such times as it may prescribe by ordinance or otherwise.
Special meetings may be called by the mayor or:
1. Any two trustees where the board has three members; or
2. Any three trustees where the board has five members.
Laws 1977, c. 256, § 12-107, eff. July 1, 1978.
§11-12-108. Board of trustees - Quorum - Rules and voting.
A majority of all the members of the board of trustees shall
constitute a quorum to do business, but a smaller number may adjourn
from day to day. The board may determine its own rules, and may
compel the attendance of absent members in the manner and under
penalties as the board may prescribe.
Laws 1977, c. 256, § 12-108, eff. July 1, 1978.
§11-12-109. Town clerk - Creation and duties - Compensation.
The town clerk shall be an officer of the town. The town clerk
shall:
1. keep the journal of the proceedings of the board of trustees;
and
2. enroll all ordinances and resolutions passed by the board of
trustees in a book or set of books kept for that purpose;and
3. have custody of documents, records, and archives, as may be
provided for by law or by ordinance, and have custody of the town
seal; and
4. attest and affix the seal of the town to documents as
required by law or by ordinance; and
5. have such other powers, duties, and functions related to his
statutory duties as may be prescribed by law or by ordinance. The
person who serves as town clerk may be employed by the town to
perform duties not related to his position as town clerk. The
salary, if any, for said duties shall be provided for separately by
ordinance.
Amended by Laws 1984, c. 126, § 23, eff. Nov. 1, 1984.
§11-12-110. Town treasurer - Creation and duties - Compensation.
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
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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.
Amended by Laws 1984, c. 126, § 24, eff. Nov. 1, 1984.
§11-12-111. Chief of police - Creation and duties.
The board of trustees may appoint a chief of police, who shall
enforce municipal ordinances and have such other powers, duties and
functions as may be prescribed by law or ordinance. The chief of
police may appoint police officers as he deems necessary, subject to
the approval and confirmation of the board of trustees. All
references in Oklahoma Statutes to the town marshal shall mean the
town chief of police.
Laws 1977, c. 256, § 12-111, eff. July 1, 1978; Laws 1979, c. 44, §
2, emerg. eff. April 9, 1979.
§11-12-112. Departments and agencies - Merger or consolidation of
town offices.
In the town board of trustees form of government, there shall be
such administrative departments, officers, and agencies as the board
may establish. The board may combine, merge, or consolidate by
ordinance any of the various offices of town government as it deems
necessary and convenient for the administration of the affairs or
government of the town. Any consolidation of elected town 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.
Amended by Laws 1984, c. 126, § 25, eff. Nov. 1, 1984.
§11-12-113. Compensation of town elective officers.
The compensation of all elective town officers shall be fixed by
ordinance.
Laws 1977, c. 256, § 12-113, eff. July 1, 1978.
§11-12-114. Appointments and removals.
Appointments and promotions in the service of a statutory town
board of trustees government shall be made solely on the basis of
merit and fitness; and removals, demotions, suspensions, and layoffs
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shall be made solely for the good of the service. The board by
ordinance may establish a merit system and provide for its
organization and functioning, and provide for personnel
administration and regulation of personnel matters. The board of
trustees may remove for cause any appointive officer by a majority
vote of all its members.
Laws 1977, c. 256, § 12-114, eff. July 1, 1978.
§11-13-101. Municipalities may adopt charter.
Any city or town containing a population of two thousand (2,000)
inhabitants or more, as shown by the latest federal census or other
census recognized by the laws of Oklahoma, may frame a charter for
its own government.
Laws 1977, c. 256, § 12-101, eff. July 1, 1978.
§11-13-102. Procedure for adopting charters - Petition or governing
body resolution.
The mayor of an incorporated municipality shall issue an order
calling for an election on the question of whether or not the
municipality shall frame a charter for its own government and elect a
board of freeholders to prepare the charter when:
1. A petition signed by not less then twenty-five percent (25%)
of the registered voters of the municipality, as shown by the
preceding general election, is filed with the governing body; or
2. The governing body, by resolution, so directs.
The order calling for the election shall be issued within ten (10)
days after a petition has been filed with the governing body or
within ten (10) days after the date of the governing body resolution.
Laws 1977, c. 256, § 13-102, eff. July 1, 1978.
§11-13-103. Election on question and board of freeholders.
The election on the question and board of freeholders shall be
held at a general or special election to be held in the municipality
within thirty (30) days after the order calling for the election.
Notice of the election shall be given in the manner required for
municipal elections. The question submitted to the registered voters
of the municipality shall be substantially in the following form:
Shall the _____ (City or Town) of _______ frame a charter for its
own government?
( ) Yes.
( ) No.
The board of freeholders, which is to be voted on in the same
election, shall consist of two qualified electors from each ward in
the municipality. The freeholders shall be elected by the registered
voters of the respective wards. The two candidates receiving the
highest number of votes in each ward shall be elected as members of
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the board of freeholders. The ballot shall be substantially in the
following form:
For Freeholder from Ward One
(Vote for Two)
________Name of candidate for freeholder
_________Name of candidate for freeholder.
Laws 1977, c. 256, § 13-103, eff. July 1, 1978.
§11-13-104. Canvassing returns - Certification of results.
The county election board shall canvass the returns and the
secretary of the board shall, within five (5) days after the canvass
of the returns of the election, certify the results to the municipal
governing body. If a majority of the votes cast on the question are
in favor of framing a charter for the municipality, the board shall
tabulate the votes on the election of freeholders and declare the
results in the certification to the governing body.
Added by Laws 1977, c. 256, § 13-104, eff. July 1, 1978.
§11-13-105. Preparation of charter.
The board of freeholders shall prepare a charter for the
municipality within ninety (90) days after their election. The
charter shall be consistent with and subject to the Oklahoma
Constitution and shall not be in conflict with the Constitution and
laws relating to the exercise of initiative and referendum.
The proposed charter shall be signed in duplicate by at least a
majority of the freeholders. One copy of the proposed charter shall
be given to the mayor and the other shall be given to the county
clerk of the county in which the situs of the municipality is
located.
Laws 1977, c. 256, § 13-105, eff. July 1, 1978.
§11-13-106. Notice of charter election.
Within twenty (20) days after receipt of the proposed charter
from the board of freeholders, the governing body shall publish the
proposed charter and an announcement of the date for the charter
election in a newspaper of general circulation within the
municipality once per week for three (3) consecutive weeks. The date
for the charter election shall not be less than twenty (20) days nor
more than thirty (30) days after the last publication.
Added by Laws 1977, c. 256, § 13-106, eff. July 1, 1978. Amended by
Laws 1996, c. 16, § 1, eff. Nov. 1, 1996.
§11-13-107. Charter election - Certification of results - Approval
by Governor.
The question of whether or not the municipality shall adopt the
proposed charter shall be submitted to the registered voters of the
municipality at a general or special election. If a majority of the
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votes cast, as certified by the secretary of the county election
board, are in favor of adopting the charter, the charter shall then
be certified by the mayor of the municipality and authenticated by
the seal of the municipality. The submission to and approval by the
registered voters shall be set forth on the charter. The charter
shall then be submitted to the Governor for his approval, and the
Governor shall approve the charter if it is not in conflict with the
Constitution and laws of Oklahoma. Upon his approval, the charter
shall become the organic law of the municipality and supersede any
existing charter and all ordinances in conflict with it.
in conflict with it.
Laws 1977, c. 256, § 13-107, eff. July 1, 1978.
§11-13-108. Deposit of copies for record - Judicial notice.
After the approval of the charter by the Governor, duplicate
copies shall be made and one shall be deposited in the office of the
Secretary of State, and the other, after being recorded in the office
of the county clerk of the county in which the situs of the
municipality is located, shall be deposited in the archives of the
municipality. Thereafter the charter shall be judicially noticed in
all court proceedings.
Laws 1977, c. 256, § 13-108, eff. July 1, 1978.
§11-13-109. Charter controls over conflicting laws.
Whenever a charter is in conflict with any law relating to
municipalities in force at the time of the adoption and approval of
the charter, the provisions of the charter shall prevail and shall
operate as a repeal or suspension of the state law or laws to the
extent of any conflict.
Laws 1977, c. 256, § 13-109, eff. July 1, 1978.
§11-13-110. Payment of expenses for framing and adopting charter.
All charter election expenses shall be paid by the municipality.
The municipality may provide for the payment of the expenses incurred
by the board of freeholders in the framing of the charter.
Amended by Laws 1984, c. 126, § 24, eff. Nov. 1, 1984. d
§11-13-111. Charter amendments - Procedure.
Amendments to a municipal charter may be proposed by:
1. An initiative petition, signed by a number of the registered
voters residing in the municipality equal to at least twenty-five
percent (25%) of the total number of votes cast at the preceding
general election. Charter amendments proposed by initiative petition
shall be governed in all respects by the provisions of Sections 15-
101 through 15-110 of this title; or
2. A resolution of the municipal governing body. Notice of
charter amendments proposed by resolution and the election on them
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shall be in the same manner provided for adoption of municipal
charters as set forth in Sections 13-106 and 13-107 of this title,
except that only the article that contains the proposed charter
amendments needs to be published and considered pursuant to those
sections.
If a majority of the votes cast in the election on the charter
amendments, as certified by the secretary of the county election
board, are in favor of adopting the proposed amendments to the
charter, the charter shall be so amended, certified and authenticated
by the mayor, and submitted to the Governor for approval. The
Governor shall approve the charter amendments if they are not in
conflict with the Constitution and laws of Oklahoma. Upon approval,
the charter as amended shall become the organic law of the
municipality and supersede any existing charter and all ordinances in
conflict with it. The charter amendments shall be filed and recorded
in the same manner provided for filing of municipal charters.
Added by Laws 1977, c. 256, § 13-111, eff. July 1, 1978. Amended by
Laws 2006, c. 301, § 3, eff. Nov. 1, 2006.
§11-13-112. Revocation or abolishment of charter - Adopting
statutory form - Procedure.
A proposal to revoke or abolish the charter of a municipality
shall be made in the same manner provided for charter amendments and
shall include the proposed statutory form of municipal government to
be adopted when the charter is revoked, unless the proposal includes
the adoption of a new charter in lieu of the existing charter. The
question to be submitted to the registered voters of the municipality
shall be substantially in the following form:
Shall the (City or Town) of _______revoke the charter under which
it is now operating, and adopt and be governed under the statutory
______ (name of proposed statutory form) form of municipal government
as provided by the laws of Oklahoma?
( ) Yes.
( ) No.
Laws 1977, c. 256, § 13-112, eff. July 1, 1978.
§11-13-113. Charter revocation - Canvassing returns - Proclamation
of Governor - Election of officers.
The secretary of the county election board shall, within five (5)
days after the canvass of the returns of the election, certify to the
Governor the results of the vote on the question. If a majority of
the votes cast are in favor of revoking the charter, the Governor,
within twenty (20) days after receiving the certification, shall
issue a proclamation stating that the municipality has revoked its
charter and adopted the statutory form of municipal government
specified in the question. The proclamation of the Governor shall
also direct the governing body of the municipality to divide the
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municipality into the number of wards required and to hold primary
and general elections in the manner provided by the statutory form of
government which has been adopted. From the date of the Governor's
proclamation, the charter of the municipality shall be revoked, and
the municipality shall be governed under the laws relating to the
statutory form of government which the municipality has adopted.
Laws 1977, c. 256, § 13-113, eff. July 1, 1978.
§11-13-114. Special charter provisions relating to abandonment of
municipal charters.
Where a municipality has adopted a charter containing a special
provision to the effect that at the expiration of a specified period
after the adoption of the charter the governing body may submit to
the registered voters of the municipality the question of whether or
not the charter shall be abandoned and the municipality governed
under a statutory form of government, and the specified time has
expired and the governing body has failed to submit the question,
then the question shall be submitted to the registered voters at the
next election which may be held in the municipality. The secretary
of the county election board shall submit the question substantially
in the language of the charter provision. If a majority of the votes
cast, as certified by the secretary of the county election board, are
in favor of abandoning the charter and adopting a statutory form, the
results of the election shall be certified to the Governor in the
manner provided for revocation of charters.
Laws 1977, c. 256, § 13-114, eff. July 1, 1978.
§11-13-115. Compensation of elective city officers.
Where a municipality has adopted a charter and the charter does
not address compensation of elective city officers, the compensation
of such elective city officers may be fixed by ordinance.
Added by Laws 1996, c. 79, § 4, eff. Nov. 1, 1996.
§11-13-116. Ordinances relating to elected law enforcement officers.
No municipality shall adopt an ordinance restricting or expanding
the powers and duties, supervisory and management authority, or the
regulation of day-to-day activities of a duly elected law enforcement
officer unless such authority is specifically granted by the
municipal charter of said municipality.
Added by Laws 2015, c. 373, § 1, eff. Nov. 1, 2015.
§11-14-101. Municipal ordinances - Authority.
The municipal governing body may enact ordinances, rules and
regulations not inconsistent with the Constitution and laws of
Oklahoma for any purpose mentioned in Title 11 of the Oklahoma
Statutes or for carrying out their municipal functions. Municipal
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ordinances, rules or regulations may be repealed, altered or amended
as the governing body ordains.
Laws 1977, c. 256, § 14-101, eff. July 1, 1978.
§11-14-101.1. Rent control - Prohibition.
A. No municipal governing body may enact, maintain, or enforce
any ordinance or resolution which regulates the amount of rent to be
charged for privately owned, single-family or multiple unit
residential or commercial rental property.
B. This section shall not be construed to prohibit any
municipality or any authority created by a municipality for that
purpose from:
1. regulating in any way property belonging to that municipality
or authority;
2. entering into agreements with private persons which regulate
the amount of rent charged for subsidized rental properties; or
3. enacting ordinances or resolutions restricting rent for
properties assisted with federal Community Development Block Grant
Funds.
Added by Laws 1988, c. 38, § 1, emerg. eff. March 21, 1988.
§11-14-102. Ordinances - Procedure governing passage.
All proposed ordinances of a municipality shall be considered at
a public meeting of the council or board of trustees. A vote of a
majority of all the members of the council or board of trustees shall
be required for the final passage of an ordinance.
Laws 1977, c. 256, § 14-102, eff. July 1, 1978.
§11-14-103. Effective date of municipal ordinances - Emergency
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.
Amended by Laws 1984, c. 126, § 26, eff. Nov. 1, 1984.
§11-14-104. Style of ordinances - Title and subject - Enacting
clause
An ordinance may contain only one subject and the subject shall
be expressed in its title. The enacting clause of all ordinances
passed by a municipal governing body shall be: 1. "Be it ordained
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by the Council of the City of _______", for city ordinances; or 2.
"Be it ordained by the Board of Trustees of the Town of _______", for
town ordinances. The enacting clause of ordinances proposed by the
voters under their powerof initiative shall be "Be it ordained by the
People of the _______ (City of Town) of _______".
Laws 1977, c. 256, § 14-104, eff. July 1, 1978.
§11-14-105. Ordinance book - Entries.
Every ordinance enacted by a municipal governing body shall be
entered in an ordinance book immediately after its passage. The
entry shall contain the text of the ordinance and shall state the
date of its passage, the page of the journal containing the record of
the final vote on its passage, the name of the newspaper in which the
ordinance was published, and the date of the publication.
Compilations or codes of municipal law or regulations need not be
enrolled in full in the book of ordinances, but the ordinance
adopting by reference or enacting such compilation or code shall be
entered and a copy of the compilation or code shall be filed and kept
in the office of the municipal clerk.
Amended by Laws 1984, c. 126, § 27, eff. Nov. 1, 1984.
§11-14-106. Publication of ordinances.
No ordinance having any subject other than the appropriation of
monies shall be in force unless published or posted within fifteen
(15) days after its passage. Every municipal ordinance shall be
published at least once in full, except as provided for in Section
14-107 of this title. When publishing the ordinance, the publisher
or managing officer of the newspaper shall prefix to the ordinance a
line in brackets stating the date of publication as "Published
_______", giving the month, day, and year of publication.
Amended by Laws 1984, c. 126, § 28, eff. Nov. 1, 1984.
§11-14-107. Publication of certain codes and ordinances by title and
summary of contents.
A. If a municipal governing body enacts or adopts by reference
ordinances which are compilations or codes of law or regulations
relating to traffic, building, plumbing, electrical installations,
fire prevention, inflammable liquids, milk and milk products,
protection of the public health, or any other matters which the
municipality has the power to regulate, such ordinances are not
required to be published in full. Legal publication of such
ordinances may be by publishing the title and a summary of their
contents in the manner provided by Section 14-106 of this title. At
least one copy of such ordinances shall be kept in the office of the
municipal clerk for public use, inspection, and examination. The
municipal clerk shall keep copies of the ordinances, codes, or
compilations for distribution or sale at a reasonable price.
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B. A municipality which adopts building standards shall adopt
and enforce codes adopted by the Oklahoma Uniform Building Code
Commission.
C. Nothing in this act shall prevent or take away from any city,
town or county the authority to enact and enforce rules containing
higher standards and requirements than the codes adopted by the
Oklahoma Uniform Building Code Commission nor prevent or take away
from any city, town or county the authority to amend such adopted
codes to make changes necessary to accommodate local conditions
except as provided in subsection D of this section.
D. A city, town or county may begin enforcing the higher
standards and requirements allowed in subsection C of this section no
less than thirty (30) days after submitting the higher standards and
requirements to the Oklahoma Uniform Building Code Commission in such
form as the Commission may prescribe.
E. Ordinances which are passed by the governing body with an
emergency clause attached are not required to be published in full,
but may be published by title only in the manner provided by Section
14-106 of this title.
Added by Laws 1977, c. 256, § 14-107, eff. July 1, 1978. Amended by
Laws 1979, c. 144, § 1, emerg. eff. May 8, 1979; Laws 1984, c. 126, §
29, eff. Nov. 1, 1984; Laws 2002, c. 407, § 1, eff. Nov. 1, 2002;
Laws 2009, c. 80, § 1, eff. Nov. 1, 2009; Laws 2009, c. 439, § 1,
emerg. eff. June 2, 2009.
§11-14-108. Codification of municipal ordinances.
A. The governing body of a municipality may, from time to time,
authorize a codification of its ordinances. Such a code may be kept
up to date by use of a loose-leaf system and process of amendment.
In a code of municipal ordinances, the title, enacting clauses and
emergency sections may be omitted and temporary and special
ordinances and parts of ordinances may also be omitted. Permanent and
general ordinances and parts of ordinances which are to be repealed
by the code shall be omitted from the code. The ordinances and parts
of ordinances included in the code may be revised, rearranged,
renumbered, and reorganized into some systematic arrangement. The
governing body may publish in connection with the code new matter,
provisions of state law relating to the municipality, a history of
the municipality, the history of the municipal government, the names
of officials and other informational matter as the governing body may
decide. The book or pamphlet containing the code may also contain an
index and forms and instructions as the governing body may decide.
B. At least three copies of the code shall be kept in the office
of the municipal clerk for public use, inspection and examination.
The municipal clerk shall keep copies of the code for distribution or
sale at a reasonable price.
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C. Notice of the publication of the code shall be in the manner
provided for publication by title of certain codes and ordinances in
subsection A of Section 14-107 of this title.
Laws 1977, c. 256, § 14-108, eff. July 1, 1978.
§11-14-109. Mandatory compilation of penal ordinances.
The penal ordinances of every municipality shall be compiled and
published in a permanent form, either printed or typed, periodically,
but not less than once each ten (10) years. Each municipality shall
also publish biennial supplements to the permanent volume of compiled
penal ordinances. No municipal ordinance shall be enforced if it is
not reflected in such a permanent volume or supplement if the
ordinance was adopted before the latest compilation or supplement. A
codification of municipal ordinances which includes all penal
ordinances is sufficient for complying with this compilation
requirement if the code is issued as a permanent volume with biennial
supplements and if the procedures for filing and notice, as outlined
in Section 14-110 of this title, have been complied with. Provided,
further, the ten-year codification requirement shall be satisfied if
the code complies with the compilation requirement and the biennial
supplements are made a part of the permanent volume which are
maintained in permanent form either bound or in a loose-leaf form.
Laws 1977, c. 256, § 14-109, eff. July 1, 1978; Laws 1979, c. 44, §
3, emerg. eff. April 9, 1979.
§11-14-110. Notice and filing of penal ordinance compilation -
Judicial notice.
When a municipality has compiled and published its permanent
volume or biennial supplement of penal ordinances, the governing body
of the municipality shall adopt a resolution notifying the public of
the publication. A copy of the resolution shall be filed in the
office of the county clerk in each county in which the municipality
is located. The county clerk shall assign the filed resolution a
book and page number. At least one copy of the permanent volume and
each biennial supplement shall be deposited free of cost by the
municipality in the county law library of each county wherein the
municipality is located, and receipt of same shall be duly noted in
writing by the county law librarian. A copy of the receipt may be
filed with the county clerk who shall then assign a book and page
number. The permanent volume or biennial supplement of compiled
penal ordinances shall be available for purchase by the public at a
reasonable price. Ordinances which have been compiled and filed in
accordance with this section shall be judicially noticed in all court
proceedings. Provided, a court may consider a book and page
reference of the county clerk's filings as satisfactory proof of
compliance so that judicial notice may be taken of an ordinance.
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Amended by Laws 1985, c. 87, § 1, eff. Nov. 1, 1985; Laws 1989, c.
104, § 2, emerg. eff. April 25, 1989.
§11-14-111. Enforcement and penalties for violation of municipal
ordinances.
A. The governing body of a municipality may provide for
enforcement of its ordinances and establish fines, penalties, or
imprisonment, as authorized by subsections B through D of this
section, for any offense in violation of its ordinances, which shall
be recoverable together with costs of suit. The governing body may
provide that any person fined for violation of a municipal ordinance
who is financially able but refuses or neglects to pay the fine or
costs may be compelled to satisfy the amount owed by working on the
streets, alleys, avenues, areas, and public grounds of the
municipality, subject to the direction of the street commissioner or
other proper officer, at a rate per day as the governing body may
prescribe by ordinance, but not less than Fifty Dollars ($50.00) per
day for useful labor, until the fine or costs are satisfied.
B. 1. Except for municipal ordinances related to prostitution
and as otherwise provided in this section, cities having a municipal
criminal court of record may enact ordinances prescribing maximum
fines of One Thousand Two Hundred Dollars ($1,200.00) and costs or
imprisonment not exceeding six (6) months or both the fine and
imprisonment, but shall not have authority to enact any ordinance
making unlawful an act or omission declared by state statute to be
punishable as a felony. Cities having a municipal criminal court of
record may enact ordinances prescribing maximum fines of One Thousand
Dollars ($1,000.00) and costs or imprisonment not exceeding six (6)
months or both such fine and imprisonment for violations of municipal
ordinances regulating the pretreatment of wastewater and regulating
stormwater discharges. Cities having a municipal criminal court of
record may enact ordinances prescribing maximum fines of One Thousand
Two Hundred Fifty Dollars ($1,250.00) and costs or imprisonment not
exceeding six (6) months or both such fine and imprisonment for
alcohol-related or drug-related traffic offenses. The court shall
remit Fifty Dollars ($50.00) of each alcohol fine or deferral fee to
a fund of the municipality that shall be used to defray costs for
enforcement of laws relating to juvenile access to alcohol, other
laws relating to alcohol and other intoxicating substances, and
traffic-related offenses involving alcohol or other intoxicating
substances. The sum of Fifteen Dollars ($15.00) shall be assessed in
every case for violations of municipal ordinances relating to the
offense of driving under the influence of alcohol or other
intoxicating substance and shall be remitted to the credit of the
Oklahoma Impaired Driver Database Revolving Fund created pursuant to
Section 8 of this act.
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2. For violations of municipal ordinances relating to
prostitution, including but not limited to engaging in prostitution
or soliciting or procuring prostitution, a municipal criminal court
of record may enact ordinances prescribing an imprisonment not to
exceed six (6) months, and fines as follows: a fine not to exceed
Two Thousand Five Hundred Dollars ($2,500.00) upon the first
conviction for violation of any such ordinances, a fine of not more
than Five Thousand Dollars ($5,000.00) upon the second conviction for
violation of any of such ordinances, and a fine of not more than
Seven Thousand Five Hundred Dollars ($7,500.00) upon the third or
subsequent convictions for violation of any of such ordinances, or
both such fine and imprisonment as well as a term of community
service of not less than forty (40) nor more than eighty (80) hours.
C. Municipalities having a municipal court not of record may
enact ordinances prescribing maximum fines pursuant to the provisions
of this subsection. A municipal ordinance may not impose a penalty,
including fine or deferral fee in lieu of a fine and costs, which is
greater than that established by statute for the same offense. The
maximum fine or deferral fee in lieu of a fine for traffic-related
offenses relating to speeding or parking shall not exceed Two Hundred
Dollars ($200.00). The maximum fine or deferral fee in lieu of a
fine for alcohol-related or drug-related offenses shall not exceed
Eight Hundred Dollars ($800.00). For all other offenses, the maximum
fine or deferral fee in lieu of a fine shall not exceed Seven Hundred
Fifty Dollars ($750.00). The court shall remit Fifty Dollars
($50.00) of each alcohol fine or deferral fee to a fund of the
municipality that shall be used to defray costs for enforcement of
laws relating to juvenile access to alcohol, other laws relating to
alcohol and other intoxicating substances, and traffic-related
offenses involving alcohol or other intoxicating substances. The
ordinances may prescribe costs pursuant to the provisions of Section
27-126 of this title or imprisonment not exceeding sixty (60) days or
both the fine and imprisonment; provided, that municipalities having
only a municipal court not of record shall not have authority to
enact any ordinance making unlawful any act or omission declared by
state statute to be punishable as a felony; provided further, that
municipalities having a municipal court not of record may enact
ordinances prescribing maximum fines of One Thousand Dollars
($1,000.00) and costs or imprisonment not exceeding ninety (90) days
or both such fine and imprisonment for violations of municipal
ordinances regulating the pretreatment of wastewater and regulating
stormwater discharges. If imprisonment is available for the offense,
then that person charged shall have a right to a jury trial.
D. Municipalities having both municipal criminal courts of
record and municipal courts not of record may enact ordinances,
within the authority of this section, for each court.
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E. No municipality may levy a fine or deferral fee in lieu of a
fine of over Fifty Dollars ($50.00) until it has compiled and
published its penal ordinances as required in Sections 14-109 and 14-
110 of this title.
F. No municipality may levy a fine of more than Ten Dollars
($10.00) nor court costs of more than Fifteen Dollars ($15.00) for
exceeding the posted speed limit by no more than ten (10) miles per
hour upon any portion of the National System of Interstate and
Defense Highways, federal-aid primary highways, and the state highway
system which are located on the outskirts of any municipality as
determined in Section 2-117 of Title 47 of the Oklahoma Statutes.
Added by Laws 1977, c. 256, § 14-111, eff. July 1, 1978. Amended by
Laws 1980, c. 247, § 1, eff. Oct. 1, 1980; Laws 1982, c. 157, § 1;
Laws 1983, c. 293, § 1, operative Oct. 1, 1983; Laws 1990, c. 141, §
1, eff. Sept. 1, 1990; Laws 1998, c. 322, § 3, eff. Nov. 1, 1998;
Laws 1999, c. 412, § 1, eff. Nov. 1, 1999; Laws 2002, c. 120, § 5,
emerg. eff. April 19, 2002; Laws 2004, c. 173, § 1, eff. Nov. 1,
2004; Laws 2006, c. 61, § 2, eff. July 1, 2006; Laws 2008, c. 413, §
1, eff. Nov. 1, 2008; Laws 2016, c. 172, § 2, eff. Nov. 1, 2016.
§11-14-111.1. Retention of penalty assessments or other state fees.
A. Notwithstanding any other provision of law, a municipal court
which collects a penalty assessment or other state fee from a
defendant pursuant to state law may retain eight cents ($0.08) of
such monies and may also retain all interest accrued thereon prior to
the due date for deposits as provided in state law. The fee shall be
deposited as determined by the municipal governing body.
B. A municipal court in a municipality having a basic law
enforcement academy approved by the Council on Law Enforcement
Education and Training pursuant to the criteria developed by the
Council for training law enforcement officers may retain as an
administrative fee two percent (2%) of any penalty assessment or
other state fee imposed by state statute. The two percent (2%)
administrative fee shall be deducted from the portion of the penalty
assessment or other state fee retained by such municipality.
Added by Laws 2001, c. 258, § 1, eff. July 1, 2001. Amended by Laws
2001, c. 404, § 1, eff. Nov. 1, 2001.
§11-14-112. Cancellation or denial of driving privileges for
noncompliance with municipal court sentence.
A. As used in this section:
1. "Department" means the Department of Public Safety;
2. "Notification form" means a form prescribed by the Department
which contains a statement from the court that the person has failed
to satisfy the sentence of the court. It shall include the name,
date of birth, physical description, and the driver license number,
if any, of the person;
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3. "Reinstatement form" means a form prescribed by the
Department which contains a statement from the court that the person
has satisfied the sentence of the court. It shall include sufficient
information to identify the person to the Department;
4. "Sentence" means any order of the court to pay a fine,
penalty assessment or costs or to carry out a term of community
service or other remedial action.
B. When any person under the age of eighteen (18) years fails or
refuses to satisfy a sentence of a municipal court, the court shall
notify the Department. Upon receipt of the notification form from
the court, the Department shall cancel or deny all driving privileges
of the person without a hearing until the person satisfies the
sentence of the court.
C. When the person fulfills the sentence of the court, the court
or court clerk shall provide a reinstatement form to such person
either directly or by first class mail, postage prepaid, at the last
address given by the person to the court. The driving privileges of
a person who furnishes a reinstatement form to the Department shall
be granted or reinstated, if the person is otherwise eligible, in
accordance with law. Upon such granting or reinstatement of driving
privileges, the Department may remove any record of the denial or
cancellation of driving privileges as provided for in this section
from the file of the person and maintain an internal record of the
denial or cancellation for fiscal or other purposes.
D. At the time of sentencing the person, the court may take
custody of the driver's license of the person until the terms of the
sentence are fulfilled. In such case, the court shall issue to the
person a receipt for the license. Additionally, the court may notify
the parents or other custodian of the person of the terms of the
sentence or any notice to the Department.
Added by Laws 1990, c. 299, § 1, eff. Sept. 1, 1990. Amended by Laws
1999, c. 139, § 1, eff. Nov. 1, 1999.
§11-14-113. Liability for cost of medical care to defendant in
custody of municipal officer.
When a defendant is in the custody of a municipal jail, the
custodial municipality shall only be liable for the cost of medical
care for conditions that are not preexisting prior to arrest and that
arise due to acts or omissions of the municipality. Preexisting
conditions are defined as those illnesses beginning or injuries
sustained before a person is in the peaceable custody of the
municipality’s officers.
An inmate receiving medical care for a preexisting condition or a
condition not caused by the acts or omissions of the municipality
shall be liable for payment of the cost of care, including but not
limited to, medication, medical treatment, and transportation costs,
for or relating to the condition requiring treatment.
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Added by Laws 1990, c. 299, § 2, eff. Sept. 1, 1990. Amended by Laws
1999, c. 217, § 1, eff. Nov. 1, 1999.
§11-14-114. Municipal governing body - Rewards - Reward fund.
A. A municipal governing body is authorized to offer and pay a
reward, from municipal funds, in an amount not to exceed One Thousand
Dollars ($1,000.00) for the arrest and conviction, or for evidence
leading to the arrest and conviction of any person stealing or
defacing municipal road signs or other municipal owned property.
B. The municipal governing body may create and maintain a reward
fund from which to pay the rewards provided for in subsection A of
this section. The municipal governing body shall determine the
amount and source of funds necessary to pay the rewards authorized in
subsection A of this section.
C. Any person convicted of theft or defacing municipal road
signs or other municipal owned property may, in lieu of other fines
and penalties, be required to deposit like amount into the reward
fund established pursuant to this section.
D. A municipal governing body shall not be required to provide
rewards or create a reward fund pursuant to the provisions of this
section.
Added by Laws 2009, c. 47, § 1, emerg. eff. April 14, 2009.
§11-15-101. Initiative and Referendum - Powers.
The powers of initiative and referendum, reserved by the Oklahoma
Constitution to the people, are reserved to the people of every
municipal corporation with reference to all legislative authority
which it may exercise and amendments to municipal charters.
Laws 1977, c. 256, § 15-101, eff. July 1, 1978.
§11-15-102. Procedure for initiative and referendum in
municipalities.
The procedure in municipalities which do not provide by ordinance
or charter for the manner of exercising the initiative and referendum
powers shall be governed by the Oklahoma Constitution and general
state law, except as otherwise provided in Sections 15-101 through
15-110 of this title. The duties required of the Governor by state
law shall be performed by the mayor; the duties of the Secretary of
State shall be performed by the municipal clerk; and the duties of
the Attorney General shall be performed by the attorney for the
municipality. The procedure for initiative and referendum as to
municipal legislation shall be as nearly as practicable the same as
those for measures relating to the people of the state at large.
Laws 1977, c. 256, § 15-102, eff. July 1, 1978.
§11-15-103. Petition - Form - Signatures - Time for filing.
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A. The form of the petition for either initiative or referendum
in a municipality shall be substantially as provided in Sections 1
and 2 of Title 34 of the Oklahoma Statutes. A true copy of each
measure proposed by initiative and referendum shall be filed with the
clerk of the municipality before it is circulated and signed by the
registered voters.
B. Every petition for either the initiative or referendum shall
be signed by a number of the registered voters residing in the
municipality equal to at least twenty-five percent (25%) of the total
number of votes cast at the most recent preceding general municipal
election or biennial town meeting if the municipality is subject to
the Oklahoma Town Meeting Act. The signatures to each petition shall
be verified in the manner provided by law.
C. Signed copies of an initiative petition shall be submitted to
the clerk within ninety (90) days after the initial filing of the
measure with the clerk. Signed copies of a petition invoking a
referendum upon any ordinance or resolution shall be submitted to the
clerk within sixty (60) days after the passage of the ordinance or
resolution. Amendments to municipal charters may be proposed by an
initiative petition, and signed copies of such petition shall be
submitted to the clerk not less than sixty (60) days before the
election at which the amendments are to be voted upon.
D. For the purposes of this section, "total number of votes
cast" shall mean the sum of the votes cast for all candidates in the
race for the highest-ranking at-large municipal office appearing on a
ballot. If no such office appeared on a ballot, then "total number
of votes cast" shall be determined by using the sum of votes cast for
or against the municipal question or proposition receiving the
largest total number of votes on a ballot, provided that all voters
registered and residing within the municipal limits were eligible to
vote on such question or proposition.
Added by Laws 1977, c. 256, § 15-103, eff. July 1, 1978. Amended by
Laws 1988, c. 105, § 18, eff. Nov. 1, 1988; Laws 2016, c. 41, § 1,
eff. Nov. 1, 2016; Laws 2019, c. 149, § 1, eff. Nov. 1, 2019.
§11-15-104. Publication announcing the filing of petition -
Protests.
A. When signed copies of a petition are timely filed with the
clerk, the clerk shall make a physical count of the number of
signatures appearing on the petitions. He shall then publish, in at
least one (1) newspaper of general circulation in the municipality, a
notice of the filing and the apparent sufficiency or insufficiency of
the petition. The notice shall also state that any qualified elector
of the municipality may file a protest to the petition or an
objection to the count made by the clerk.
B. A protest to the petition or the count of signatures shall be
filed in the district court in the county in which the situs of the
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municipality is located within ten (10) days after the publication.
Written notice of the protest shall be served upon the clerk and the
parties who filed the petition. In the case of the filing of an
objection to the count, notice shall also be served upon any party
filing a protest. The district court shall fix a day, not less than
ten (10) days after the filing of a protest, to hear testimony and
arguments for and against the sufficiency of the petition. A protest
filed by anyone, if abandoned by the party filing it, may be revived
within five (5) days by any other qualified elector. After the
hearing, the district court shall decide whether such petition is in
form required by law.
Laws 1977, c. 256, § 15-104, eff. July 1, 1978.
§11-15-105. Ballot title.
A. The parties submitting a petition for either initiative or
referendum shall also prepare and file a ballot title for the
measure. The ballot title may be filed with the clerk prior to
circulating the petition, but it must be submitted no later than the
time that the signed copies of the petition are filed with the clerk.
The ballot title shall contain the gist of the proposition couched in
language that may be readily understood by persons not engaged in the
practice of law. The ballot title shall contain language which
clearly states that a "yes" vote is a vote in favor of the
proposition, and a "no" vote is a vote against the proposition. The
ballot title may not:
1. Exceed one hundred fifty (150) words;
2. Reflect partiality in its composition or contain any argument
for or against the measure; or
3. Contain language whereby a "yes" vote is, in fact, a vote
against the proposition and a "no" vote is, in fact, a vote in favor
of the proposition.
B. The clerk shall immediately forward a copy of the proposition
and ballot title to the municipal attorney. Within three (3) days
after the filing of the ballot title, the attorney shall notify the
clerk in writing whether or not the proposed ballot title is in legal
form and in harmony with the law. If the ballot title is not in
proper form, in the opinion of the attorney, he shall prepare and
file a ballot title which does conform to the law within the three-
day period.
Laws 1977, c. 256, § 15-105, eff. July 1, 1978.
§11-15-106. Appeal on question of ballot title - Procedure.
A qualified elector who is dissatisfied with the wording of a
ballot title may appeal, within ten (10) days after the ballot title
is filed with the clerk, to the district court in the county in which
the situs of the municipality is located. The petition for appeal
shall offer a substitute ballot title for the one from which the
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appeal is taken. Written notice of the appeal shall be served upon
the clerk and upon the parties who filed the ballot title at least
five (5) days before such appeal is heard by the court. The
municipal attorney shall, and any interested citizen may, defend the
ballot title from which the appeal is taken. After the hearing of
the appeal, the district court may correct or amend the ballot title,
or accept the substitute suggested, or may draft a new one which will
conform with the law.
Laws 1977, c. 256, § 15-106, eff. July 1, 1978.
§11-15-107. Presentation of petition to mayor.
When a ballot title has been decided upon, either as approved by
the municipal attorney or by the district court, the clerk shall
notify the mayor in writing, and attach a copy of the petition and
ballot title.
Laws 1977, c. 256, § 15-107, eff. July 1, 1978.
§11-15-108. Consideration of initiative petitions by governing body
- 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.
Amended by Laws 1988, c. 105, § 19, eff. Nov. 1, 1988.
§11-15-109. Time for submission of measures to voters.
Whenever a referendum is demanded against any measure passed by
the municipal governing body, or whenever an initiative petition
demands an amendment to the municipal charter, the question shall be
submitted to the registered voters of the municipality for their
approval or rejection at a special election called by the municipal
governing body for that purpose or at the next general election,
general municipal election or biennial or special town meeting if the
municipality is subject to the Oklahoma Town Meeting Act.
Added by Laws 1977, c. 256, § 15-109, eff. July 1, 1978. Amended by
Laws 1988, c. 105, § 20, eff. Nov. 1, 1988; Laws 1995, c. 3, § 1,
eff. Nov. 1, 1995.
§11-15-110. Conflicting measures proposed by governing body.
Along with each initiative measure the municipal governing body
may submit a competing bill or resolution. If conflicting ordinances
or charter amendments are submitted to the registered voters, and two
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or more of such conflicting measures are approved by the registered
voters, then the measure which receives the greatest number of
affirmative votes shall be paramount in all particulars as to which
there is a conflict, even though such measure may not have received
the greatest majority.
Laws 1977, c. 256, § 15-110, eff. July 1, 1978.
§11-16-101. Notice of municipal elections.
The governing body of a municipality shall give notice of a
general municipal election or a special election by publishing the
resolution calling for the election. The resolution shall: contain
the facts described in Section 13-102 of Title 26 of the Oklahoma
Statutes.
The resolution shall be published in a newspaper of general
circulation in the municipality at least ten (10) days before the
beginning of the filing period for a general municipal election, or
at least ten (10) days before the date of a special election. If
there is no newspaper of general circulation in the municipality, the
notice shall be given by posting a copy of the resolution in at least
five (5) public places in the municipality.
Added by Laws 1977, c. 256, § 16-101, eff. July 1, 1978. Amended by
Laws 2004, c. 545, § 24, eff. July 1, 2005.
§11-16-102. Provisions not applicable to municipalities governed by
charter or subject to Oklahoma Town Meeting Act - Exception - Choice
of election procedure - Residency requirements.
A. The provisions of Section 16-101 et seq. of this title shall
not apply to any municipality which is governed by charter; provided,
that elections for such municipalities which shall be conducted by
the county election board shall be scheduled only on an election date
identified by subsection B of Section 3-101 of Title 26 of the
Oklahoma Statutes. However, such a municipality may, by indicating
in its resolution calling an election, choose to follow any provision
of state law governing elections conducted by a county election board
when the municipality's charter or ordinances are silent on the
matter addressed by such provision. In such instance, if the
municipal election or any substantial portion thereof is not
conducted by a county election board, the duties required of the
county election board or its secretary shall be performed by the
municipal authority designated by the municipal governing body and
nothing herein shall be construed to require the county election
board to perform any such duties. The residency requirements of
Sections 16-109 and 16-110 of this title shall apply to all
municipalities except to the extent that such residency requirements
are governed by municipal charter.
B. The provisions of Sections 16-101 through 16-114 of this
title shall not apply to any municipality subject to the provisions
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of the Oklahoma Town Meeting Act; provided, Section 16-103.1 of this
title shall apply to such municipalities.
C. In the event that a municipality governed by charter
schedules a regular or special election for a municipal office on the
same date as an election involving state or federal offices, the
provisions of subsection D of Section 3-101 of Title 26 of the
Oklahoma Statutes shall apply.
D. After January 1, 2016, no county election board shall be
required to conduct a regular or special election for any elective
municipal office in any municipality governed by charter unless the
resolution calling the election shall set a candidate filing period
of three (3) days to begin not more than twenty (20) days from the
date the resolution is required to be submitted to the county
election board. In no case shall a resolution calling a regular or
special election be submitted to the county election board less than
sixty (60) days preceding the election date.
Added by Laws 1977, c. 256, § 16-102, eff. July 1, 1978. Amended by
Laws 1987, c. 75, § 1, eff. July 1, 1987; Laws 1988, c. 105, § 21,
eff. Nov. 1, 1988; Laws 2004, c. 545, § 25, eff. July 1, 2005; Laws
2011, c. 196, § 19, eff. Nov. 1, 2011;Laws 2015, c. 219, § 1, eff.
Nov. 1, 2015.
§11-16-103. General municipal elections - When held.
General municipal elections shall be held in cities and towns on
the first Tuesday in April in each odd-numbered year.
Laws 1977, c. 256, § 16-103, eff. July 1, 1978.
§11-16-103.1. Withholding certain monies from city or town that
fails to hold municipal election or biennial town meeting.
No monies shall be distributed pursuant to Section 1104 of Title
47 and Section 504 of Title 68 of the Oklahoma Statutes to any
incorporated city or town which has failed to hold a general or
special municipal election to elect officers as provided in Section
16-101 et seq. of this title or a biennial town meeting as provided
by the Oklahoma Town Meeting Act, on the dates required by law for
four (4) or more years, if a general or special municipal election,
or for two consecutive biennial town meetings. Such monies shall be
remitted to the county in which the incorporated city or town is
located and deposited to the county highway fund of that county to be
used as otherwise provided by law. An incorporated city or town
shall henceforth send the county treasurer of the county in which it
is located a copy of the municipality's notice of a biennial town
meeting or resolution calling for its regular municipal elections,
whichever is appropriate. The copy of the resolution shall include a
notation by the county election board showing that the resolution was
received and the date it was received.
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Added by Laws 1984, c. 126, § 30, eff. Nov. 1, 1984. Amended by Laws
1987, c. 75, § 2, eff. July 1, 1987; Laws 1988, c. 105, § 22, eff.
Nov. 1, 1988; Laws 1988, c. 152, § 3, eff. Nov. 1, 1988; Laws 2018,
c. 66, § 1, eff. July 1, 2018.
§11-16-104. Conduct of general municipal elections.
The laws applicable to general elections shall govern general
municipal elections except as otherwise provided. Municipal elected
officials, including those from wards as well as at large, shall be
elected at large by the registered voters of the entire municipality.
Laws 1977, c. 256, § 16-104, eff. July 1, 1978.
§11-16-105. What candidate's name may be placed on general election
ballot.
No candidate's name shall be printed upon the official ballot for
a general municipal election unless such candidate shall have been
nominated by some political party at the primary election or unless
his name is presented as an independent candidate as provided in
Section 16-110 of this title.
Laws 1977, c. 256, § 16-105, eff. July 1, 1978.
§11-16-105.1. Elections to be nonpartisan - Primary elections in
nonpartisan elections abolished.
Municipal elections shall be nonpartisan and all candidates shall
file as independent candidates unless, prior to the date for
notifying the county election board of the call for the election, the
municipality has in effect an ordinance providing for a partisan
primary election consistent with Section 16-101 et seq. of Title 11
of the Oklahoma Statutes. No primary elections shall be held in a
nonpartisan election. Any election proclamation or notice of
election providing for a primary election shall be deemed to be
amended by operation of this act to delete the call for a primary
election unless a copy of the ordinance authorizing the primary
election is attached to the election resolution filed with the county
election board. If such a copy is not attached, each candidate shall
appear on the ballot as an independent candidate without party or
other designation. Provided, any municipality which is governed by a
charter may provide otherwise by charter or ordinance.
Added by Laws 1987, c. 75, § 3, eff. July 1, 1987.
§11-16-106. Unopposed candidates in general election.
Any candidate who is unopposed for an office in a general
municipal election shall be deemed elected and certified; and his
name shall not appear on the general election ballot. If there is
only one candidate for each of the offices which are to be filled at
the election, and no questions are to be voted upon at the election,
the general municipal election shall not be held.
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Laws 1977, c. 256, § 16-106, eff. July 1, 1978.
§11-16-107. Primary elections - When held.
A primary election shall be held in cities and towns on the
second Tuesday of February in each odd-numbered year, at which time
the several political parties shall nominate candidates for offices
which are to be elected at the upcoming general municipal election.
Added by Laws 1977, c. 256, § 16-107, eff. July 1, 1978. Amended by
Laws 1981, c. 292, § 1; Laws 2004, c. 545, § 26, eff. July 1, 2005.
§11-16-108. Conduct of primary elections.
The general laws relating to primary elections shall govern
partisan municipal primaries except as otherwise provided. Party
candidates for municipal office, including those from wards as well
as at large, shall be nominated at large by the registered voters of
the respective parties of the entire municipality.
Added by Laws 1977, c. 256, § 16-108, eff. July 1, 1978. Amended by
Laws 2004, c. 545, § 27, eff. July 1, 2005.
§11-16-109. Eligibility and manner of becoming party candidate.
To be eligible to become a candidate for a political party
nomination in a municipality’s partisan primary election, or an
independent candidate in such municipality’s general election, a
person must for at least six (6) months prior to filing a declaration
of candidacy be a registered voter at an address within the
municipality or in the ward if an office is from a ward. To become a
candidate, a declaration of candidacy must be filed with the county
election board no earlier than 8:00 a.m. on the first Monday in
December and no later than 5:00 p.m. on the next succeeding
Wednesday.
Added by Laws 1977, c. 256, § 16-109, eff. July 1, 1978. Amended by
Laws 1981, c. 292, § 2; Laws 1987, c. 75, § 4, eff. July 1, 1987;
Laws 2004, c. 545, § 28, eff. July 1, 2005.
§11-16-110. Nonpartisan candidates.
A candidate may have his or her name printed upon the nonpartisan
general municipal election ballot as candidate for any office to be
filled at the election. To become a candidate, a declaration of
candidacy must be filed with the county election board no earlier
than 8:00 a.m. on the first Monday in February and no later than 5:00
p.m. on the next succeeding Wednesday. A candidate must also be a
registered voter at an address within the municipality, or of the
ward where the office is from a ward for at least six (6) months
prior to filing a declaration of candidacy. Filing as a candidate in
a nonpartisan municipal election or voting for such candidate shall
not affect one’s party affiliation or regularity.
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Added by Laws 1977, c. 256, § 16-110, eff. July 1, 1978. Amended by
Laws 1981, c. 292, § 3; Laws 1987, c. 75, § 5, eff. July 1, 1987;
Laws 2004, c. 545, § 29, eff. July 1, 2005.
§11-16-111. Unopposed candidates in primary election.
Any candidate who is unopposed for an office in a partisan
primary election shall be deemed nominated and so certified; and his
or her name shall not appear on the primary election ballot. If
there are unopposed candidates for each of the offices which are up
for election, no primary election shall be held.
Added by Laws 1977, c. 256, § 16-111, eff. July 1, 1978. Amended by
Laws 2004, c. 545, § 30, eff. July 1, 2005.
§11-16-112. Special elections - Questions which may be submitted.
When the municipal governing body shall deem it advisable, it
may, by resolution or ordinance, authorize the mayor to call a
special election on a date established in Section 3-101 of Title 26
of the Oklahoma Statutes for the purpose of submitting to the
registered voters of the municipality the question of issuing
municipal bonds, of granting any franchise, or for any other purpose
authorized by law.
Added by Laws 1977, c. 256, § 16-112, eff. July 1, 1978. Amended by
Laws 2015, c. 380, § 4, eff. Jan. 1, 2016.
§11-16-113. Special election ballot - Preparation and arrangement.
The ballot for a special election shall be prepared by the
secretary of the county election board and shall set forth the
proposition or propositions to be voted upon, and if more than one
proposition is submitted, they shall be arranged so that each
proposition may be voted upon separately.
Laws 1977, c. 256, § 16-113, eff. July 1, 1978.
§11-16-114. Conduct of special elections held for electing officers.
A. When the office of a municipal elected official is to be
filled at a special partisan election, the resolution or order of the
governing body calling the election shall contain the following
facts:
1. A filing period of three (3) days which shall begin not more
than twenty (20) days from the date the resolution or order is
required to be filed with the county election board;
2. The date of the special primary election, not less than
forty-five (45) days after the close of the filing period; and
3. The date of the special general election, not less than
forty-five (45) days after the date of the primary election. A copy
of the resolution or order shall be filed with the secretary of the
county election board not less than sixty (60) days preceding the
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date of the special primary election. The election shall be
conducted under the laws applicable to general municipal elections.
B. When the office of a municipal elected official is to be
filled at a special nonpartisan election, the resolution or order of
the governing body calling the election shall contain the following
facts:
1. A filing period of three (3) days which shall begin not more
than twenty (20) days from the date the resolution or order is
required to be filed with the county election board;
2. The date of the special general election, not less than
forty-five (45) days after the close of the filing period. A copy of
the resolution or order shall be filed with the secretary of the
county election board not less than sixty (60) days preceding the
date of the special general election.
C. Special municipal elections may be called only on dates
established by subsection B of Section 3-101 of Title 26 of the
Oklahoma Statutes.
Added by Laws 1977, c. 256, § 16-114, eff. July 1, 1978. Amended by
Laws 1981, c. 292, § 4; Laws 1987, c. 75, § 6, eff. July 1, 1987;
Laws 2004, c. 545, § 31, eff. July 1, 2005; Laws 2015, c. 219, § 2,
eff. Nov. 1, 2015.
§11-16-201. Aldermanic cities with one councilmember per ward -
Officers to be elected - Terms.
In a statutory aldermanic city with one (1) councilmember per
ward, the terms of the elected officers shall be staggered so that at
any one general municipal election, the following officers are to be
elected for four-year terms:
1. Councilmembers from odd-numbered wards;
2. The mayor;
3. The clerk;
4. The marshal; and
5. The street commissioner.
At the next general municipal election, the following officers
are to be elected for four-year terms:
1. Councilmembers from even-numbered wards; and
2. The treasurer.
If the office of treasurer has been consolidated with any other
office, elections for the office of treasurer and the office with
which it has been consolidated shall be held at the time the election
to fill the other office is held. The term of the consolidated
office shall be concurrent with the term of the other office.
Laws 1977, c. 256, § 16-201, eff. July 1, 1978.
§11-16-202. First election held in aldermanic cities with one
councilmember per ward.
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At the first general municipal election held in the odd-numbered
year following adoption of the aldermanic form of government with one
(1) councilmember per ward, the officers to be elected and their
terms are as follows:
1. Four-year terms: Councilmembers from odd-numbered wards; the
mayor; the clerk; the marshal; and the street commissioner.
2. Two-year terms: Councilmembers from even-numbered wards; and
the treasurer.
At general municipal elections held thereafter, the successors of the
officers whose terms are expiring shall be elected for four-year
terms.
Laws 1977, c. 256, § 16-202, eff. July 1, 1978.
§11-16-203. Aldermanic cities with two councilmembers per ward -
Officers to be elected - Terms.
In a statutory aldermanic city with two councilmembers per ward,
the terms of the elected officers shall be staggered so that at any
one general municipal election, the following officers are to be
elected for four-year terms:
1. One (1) councilmember from each ward of the city;
2. The mayor;
3. The clerk;
4. The marshal; and
5. The street commissioner.
At the next general municipal election, the following officers are to
be elected for four-year terms:
1. One councilmember from each ward of the city; and
2. The treasurer.
If the office of treasurer has been consolidated with any other
office, elections for the office of treasurer and the office with
which it has been consolidated shall be held at the time the election
to fill the other office is held. The term of the consolidated
office shall be concurrent with the term of the other office.
Laws 1977, c. 256, § 16-203, eff. July 1, 1978.
§11-16-204. First election held in aldermanic cities with two
councilmembers per ward – Terms of office.
A. At the first general municipal election held in the odd-
numbered year following adoption of the aldermanic form of government
with two councilmembers per ward, the officers to be elected and
their terms are as follows:
1. Four-year terms: One councilmember from each ward of the
city; the mayor; the clerk; the marshal; and the street commissioner.
2. Two-year terms: One councilmember from each ward of the
city; and the treasurer.
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At general municipal elections held thereafter, the successors of the
officers whose terms are expiring shall be elected for four-year
terms.
B. The governing body of a municipality with an aldermanic form
of government shall provide that the office of the clerk, at the next
election after the effective date of this act, be elected to one six-
year term followed by four-year terms thereafter, if the clerk and
the mayor are currently on the same election cycle.
Added by Laws 1977, c. 256, § 16-204, eff. July 1, 1978. Amended by
Laws 2005, c. 97, § 1, eff. Nov. 1, 2005.
§11-16-205. Towns - Officers to be elected - Terms.
In a statutory town, the terms of the elected officers shall be
staggered so that at any one general municipal election, the
following officers are to be elected for four-year terms:
1. Trustees from odd-numbered wards; and
2. The clerk.
At the next general municipal election, the following officers are to
be elected for four-year terms:
1. Trustees from even-numbered wards; and
2. The treasurer.
If the office of treasurer has been consolidated with any other
office, elections for the office of treasurer and the office with
which it has been consolidated shall be held at the time the election
to fill the other office is held. The term of the consolidated
office shall be concurrent with the term of the other office.
Laws 1977, c. 256, § 16-205, eff. July 1, 1978.
§11-16-206. First election held in town.
At the first general municipal election held in the odd-numbered
year following adoption of the town board of trustees form of
government, the officers to be elected and their terms are as
follows:
1. Four-year terms: Trustees from odd-numbered wards; and the
clerk.
2. Two-year terms: Trustees from even-numbered wards; and the
treasurer.
At general municipal elections held thereafter, the successors of the
officers whose terms are expiring shall be elected for four-year
terms.
Laws 1977, c. 256, § 16-206, eff. July 1, 1978.
§11-16-207. Aldermanic cities and towns - Appointment of certain
officials after submission to vote.
A. The city council of any city may provide by ordinance for the
submission to a vote of the registered voters of the city the
question of providing for the appointment by the mayor, with the
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approval of the council, of the city marshal, the street
commissioner, the city clerk, the city treasurer, or the city clerk-
treasurer.
B. The board of trustees of any town may provide by ordinance
for the submission to a vote of the registered voters of the town the
question of providing for the appointment by the board of trustees of
the town clerk, the town treasurer or the town clerk-treasurer.
C. The question of appointing each official shall be submitted
separately on the ballot. The question providing for the appointment
of the clerk or the treasurer may be consolidated into one question
provided the two offices are to be consolidated into the office of
clerk-treasurer. The question providing for the appointment of any
official shall read substantially as follows:
Shall the (Marshal, Street Commissioner, Clerk, Treasurer,
Clerk-Treasurer) be appointed by the (mayor, with the approval of the
council, board of trustees)?
( ) Yes.
( ) No.
If a majority of the votes cast are in favor of appointment to the
office, the appointive position shall take effect at the end of the
current term of the office. In cities, the appointive officer shall
be appointed and may be removed by the mayor, with the approval of
the council. In towns, the appointment and removal shall be by a
majority vote of all the members of the board of trustees.
Laws 1977, c. 256, § 16-207, eff. July 1, 1978.
§11-16-208. Council-manager cities - Officers to be elected - Terms.
In a statutory council-manager city, the terms of the elected
officers shall be staggered so that at any one general municipal
election, the following officers are to be elected for four-year
terms:
1. Councilmembers from Wards One, Two and Five (if one).
At the next general municipal election, the following officers are to
be elected for four-year terms:
1. Councilmembers from Wards Three, Four and Six (if one); and
2. The councilmember at large.
Laws 1977, c. 256, § 16-208, eff. July 1, 1978.
§11-16-209. First election held in council-manager city.
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.
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At general municipal elections held thereafter, the successors of the
officers whose terms are expiring shall be elected for four-year
terms.
Laws 1977, c. 256, § 16-209, eff. July 1, 1978.
§11-16-210. Strong-mayor-council cities - Officers to be elected -
Terms.
In a statutory strong-mayor-council city, the terms of the
elected officers shall be staggered so that at any one general
municipal election, the following officers are to be elected for
four-year terms:
1. Councilmembers from Wards One, Two and Five (if one).
At the next general municipal election, the following officers are to
be elected for four-year terms:
1. Councilmembers from Wards Three, Four and Six (if one); and
2. The mayor.
Laws 1977, c. 256, § 16-210, eff. July 1, 1978.
§11-16-211. First election held in strong-mayor-council city.
At the first general municipal election held in the odd-numbered
year following adoption of the statutory strong-mayor-council form of
government, the officers to be elected and their terms are as
follows:
1. Four-year terms: Councilmembers from Wards One, Two and Five
(if one).
2. Two-year terms: Councilmembers from Wards Three, Four and
Six (if one); and the mayor.
At general municipal elections held thereafter, the successors of the
officers whose terms are expiring shall be elected for four-year
terms.
Laws 1977, c. 256, § 16-211, eff. July 1, 1978.
§11-16-212. Council-manager and strong-mayor-council cities - Form
of general municipal election ballot.
The ballots for the general election in a statutory council-
manager or statutory strong-mayor-council city shall be of the office
block type, listing the names of independent candidates and party
nominees for each office under the respective office without party
designation or emblems as follows:
For Councilmember from Ward One
(Vote for One)
______ Name of independent candidate or party nominee
______ Name of independent candidate or party nominee
For Councilmember from Ward Two
(Vote for One)
______ Name of independent candidate or party nominee
______ Name of independent candidate or party nominee
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Laws 1977, c. 256, § 16-212, eff. July 1, 1978.
§11-16-213. Transitional provisions for municipalities not in
conformance with general election or town meeting procedure.
A. If the term of an elected officer as set forth in the notice
of the last election for the office will expire in an even-numbered
year, a regular municipal election or town meeting, if the
municipality is subject to the Oklahoma Town Meeting Act, shall be
held in order to elect a successor. The term of the successor shall
be either three (3) or five (5) years as necessary in order to comply
with the provisions of Section 16-101 et seq. of this title.
Thereafter, the term of said office shall be four (4) years. Any
such election or town meeting held in an even-numbered year shall be
conducted in the manner provided by law applicable to municipal
elections or town meetings, whichever is appropriate.
B. If the term of an elected officer as set forth in the notice
of the last election for the office will expire in an odd-numbered
year, but the term of office does not coincide with the offices named
in Section 16-201 et seq. of this title, a regular municipal election
or town meeting shall be held in order to elect a successor. The term
of the successor shall be either two (2) or four (4) years as
necessary in order to comply with the provisions of Section 16-101 et
seq. of this title. Thereafter, the term of said office shall be
four (4) years.
Amended by Laws 1984, c. 126, § 31, eff. Nov. 1, 1984; Laws 1988, c.
105, § 23, eff. Nov. 1, 1988.
§11-16-301. Short title.
Sections 1 through 15 of this act shall be known and may be cited
as the "Oklahoma Town Meeting Act".
Added by Laws 1988, c. 105, § 1, eff. Nov. 1, 1988.
§11-16-302. Municipalities required to hold town meetings - Election
- Ordinance providing alternative procedure - Repeal of ordinance.
A. Except as otherwise provided in this act, Section 16-301 et
seq. of this title, all municipalities with fewer than two thousand
(2,000) residents, according to the latest Federal Decennial Census,
that are not governed by charter, shall elect officers and consider
questions raised by initiative or referendum, pursuant to Section 15-
101 et seq. of this title, at biennial town meetings or special town
meetings of the voters of each municipality as provided in this act.
Provided, that a municipality of fewer than two thousand (2,000)
residents may at any time adopt an ordinance requiring that its
officers shall be elected and initiative and referendum questions
shall be decided only through elections conducted by the county
election board pursuant to Section 16-101 et seq. of this title. Any
municipality that passes an ordinance pursuant to this section shall
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upon adoption of the ordinance provide a copy of the ordinance to the
county election board of the county in which the municipality is
located.
B. If the ordinance is repealed, elections of the municipality
shall be at a town meeting. The municipality shall provide a copy of
the repealer to the county election board of the county in which the
municipality is located. If a municipality with fewer than two
thousand (2,000) residents fails to hold its regular municipal
elections as required by law, the municipality shall be subject to
the provisions of the Oklahoma Town Meeting Act, Section 16-301 et
seq. of this title; provided, further, that such municipality may
adopt a resolution requiring that its elections be conducted by the
county election board as provided in this section.
Added by Laws 1988, c. 105, § 2, eff. Nov. 1, 1988. Amended by Laws
1989, c. 78, § 1, emerg. eff. April 17, 1989; Laws 2013, c. 25, § 1,
eff. Nov. 1, 2013.
§11-16-303. Time for town meeting - Purpose - Special town meetings.
In municipalities subject to the provisions of Section 16-301 et
seq. of this title, a biennial town meeting of the voters shall be
held on the first Tuesday in April in each odd-numbered year for the
purpose of electing municipal officers and considering questions
raised by initiative or referendum pursuant to Section 15-101 et seq.
of this title.
In addition to the election proceedings of said meeting the mayor
or presiding officer may upon compliance with the Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes and other
provisions appropriate to the law, conduct regular business meetings
or any other town business which would be in order and of interest to
those citizens in attendance. Special town meetings for these
purposes may be called at other times as provided in this act.
Added by Laws 1988, c. 105, § 4, eff. Nov. 1, 1988; Amended by Laws
1990, c. 22, § 1, emerg. eff. March 29, 1990.
§11-16-304. Notice - Publication - Posting - Contents.
Notice of the biennial town meeting or special town meeting for
the purposes of electing officers and considering initiative or
referendum questions shall be given by the governing body of the
municipality in accordance with the Oklahoma Open Meeting Act,
Section 301 et seq. of Title 25 of the Oklahoma Statutes. The notice
shall be signed by a majority of the members of the governing body.
In addition to the requirements of the Oklahoma Open Meeting Act,
notice of the biennial town meeting and any special town meeting
shall be given by publishing notice of the meeting stating the date,
time, place and agenda in a newspaper of general circulation in the
municipality at least ten (10) days before the date of the meeting.
If there is no newspaper of general circulation in the municipality,
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the notice shall be given by posting a copy of the notice and agenda
in at least five (5) public places in the municipality. The notice
shall list the offices to be filled, including the number of officers
to be elected for four-year terms and the number of officers to be
elected to fill unexpired terms, and the questions to be voted on, if
any.
Added by Laws 1988, c. 105, § 4, eff. Nov. 1, 1988.
§11-16-305. Presiding officer - Minutes - Officers - Voting -
Registration requirements - False affidavits.
A. When a municipality fails to hold a biennial meeting on the
first Tuesday of April in an odd-numbered year, the governing body
shall immediately schedule and give notice of a special town meeting
for the purpose of electing officers. Such notice shall be in
accordance with Section 4 of this act.
B. If the governing body fails or refuses to hold a biennial or
special town meeting for the purpose of electing officers, the board
of county commissioners of the county in which the municipality is
located shall call a town meeting for the purpose of electing
officers. The sheriff, or his deputy, of the county in which the
municipality is located shall attend any town meeting called by the
board of county commissioners, and if the municipal officers fail to
conduct the meeting, shall moderate the meeting.
Added by Laws 1988, c. 105, § 5, eff. Nov. 1, 1988.
§11-16-306. Presiding officer - Rules of order, conduct and decorum
- Minutes - Ballots - Nomination and election of officials - False
affidavits.
A. Except as otherwise provided in this act, Section 16-301 et
seq. of this title, the mayor shall be the presiding officer of town
meetings, shall decide questions of order and shall make public
declaration of votes taken. Robert's Rules of Order shall govern all
town meetings, except when such rules are inconsistent with Oklahoma
law. The presiding officer may establish other rules of conduct and
decorum for the meetings consistent with the Oklahoma Town Meeting
Act, Section 16-301 et seq. of this title. When the office of mayor
is vacant or if the mayor is unable to attend the town meeting, one
of the members of the governing body shall be elected by the
remaining members of the governing body to preside over the town
meeting.
B. The municipal clerk shall keep the minutes of the meeting.
The minutes shall separately record the number of votes for and
against each candidate and each question and shall record the total
number of votes cast for each position. Paper ballots shall be
preserved in the municipal clerk's office for a period of six (6)
months following the town meeting at which said ballots were cast.
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C. Officials elected at town meetings shall be nominated and
elected at large by the registered voters present from nominations
taken from the floor. Prior to accepting any nominations the
presiding officer shall state the number of governing body offices to
be elected for four-year terms and the number of governing body
offices to be elected to fill unexpired terms, if any. There shall
be separate nominations and balloting for each designated term. The
nominee who receives a plurality of the votes cast for the office of
the designated term shall be elected for that designated term. If
more than one office is to be filled for a designated term, the
voters shall vote for the designated number of offices to be filled
and, the nominees receiving the largest pluralities shall be elected
to those offices. All votes shall be taken by secret ballot;
provided that if there is only one candidate for an office, he or she
may be elected by acclamation upon proper motion. In case of a tie
vote, the municipal clerk shall immediately select the electee or
electees by lot as follows: The clerk shall write or print the names
of the tied nominees on similar pieces of paper and place the papers
in a container in view of the persons attending the town meeting.
The clerk shall designate a person, who shall not be one of the
nominees, to draw one name for each office to be filled and the
nominee or nominees whose names are so drawn shall be deemed elected.
All other papers in the container shall then be exposed for
examination. Only a registered voter who has been a registered voter
at an address within the municipality for at least six (6) months
prior to the date of the town meeting at which the elections are held
shall be qualified for nomination for office. To be eligible for
election, any person who is nominated for office must swear under
oath that he or she has been a registered voter at an address within
the municipality for the last six (6) months. Only qualified
registered voters who are present at the town meeting at which the
elections are held shall be eligible for nomination for municipal
office, provided that a qualified registered voter who is not present
may be nominated if he or she has agreed in writing to accept the
office if elected and has sworn an affidavit that he or she has been
a registered voter at an address within the municipality for the last
six (6) months. Any person who falsely swears or signs a false
affidavit that the person is qualified for municipal office shall be
punished by a fine of not more than One Thousand Dollars ($1,000.00).
Added by Laws 1988, c. 105, § 6, eff. Nov. 1, 1988. Amended by Laws
1989, c. 78, § 2, emerg. eff. April 17, 1989; Laws 1997, c. 133, §
128, eff. July 1, 1999; Laws 2016, c. 41, § 2, eff. Nov. 1, 2016.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 128 from July 1, 1998, to July 1, 1999.
§11-16-307. Voting eligibility - Town meeting pollbook - Illegal
voting - Penalty.
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A. The presiding officer at a town meeting shall follow
reasonable and necessary procedures to ensure that persons who are
not registered voters of the town do not vote. Registered voters
shall be seated in a clearly marked area separate from persons not
registered to vote.
B. To be eligible to vote at a town meeting, a person must be
registered with the county election board at an address located
within the municipality. Before being seated in the section reserved
for registered voters, each voter shall sign his or her name in a
town meeting pollbook, said signature to constitute a sworn affidavit
on the part of the voter that he or she is eligible to vote at the
election. The pollbook shall be prepared by the municipal clerk.
For such purpose, the municipal clerk or designee of the municipal
clerk shall be authorized to administer the oath or affirmation
contained in the affidavit. The town meeting pollbook shall be on
file in the office of the municipal clerk and shall be open to public
inspection during reasonable office hours; provided, however, that
such town meeting pollbooks may be digitized or electronically copied
and stored by the municipal clerk at the end of six (6) months from
the date of the election wherein such town meeting pollbook was used.
Any person knowingly voting illegally or found guilty of casting more
than one vote for any office or on any question considered at the
meeting shall be punished by a fine of not more than One Thousand
Dollars ($1,000.00).
Added by Laws 1988, c. 105, § 7, eff. Nov. 1, 1988. Amended by Laws
2002, c. 447, § 1, emerg. eff. June 5, 2002; Laws 2016, c. 41, § 3,
eff. Nov. 1, 2016.
§11-16-308. Election of municipal officers.
A person present at the meeting electing him or her to municipal
office shall be treated as accepting, unless he or she declines
before the meeting is adjourned. When not present, he or she shall
be served as soon as possible with a written notice of election,
signed and mailed by the municipal clerk. No person elected shall
assume the duties of the office until he or she has signed the oath
of office as required by law.
Added by Laws 1988, c. 105, § 8, eff. Nov. 1, 1988.
§11-16-309. Filing of list of municipal officers elected -
Notification of changes in list.
The municipal clerk shall file with the secretary of the county
election board a list of the names and addresses of the municipal
officers elected and shall notify the secretary of the county
election board of any changes in the list as filed.
Added by Laws 1988, c. 105, § 9, eff. Nov. 1, 1988.
§11-16-310. Contest of election by nominee.
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Any person nominated for municipal office may, at any time before
5:00 p.m. of the third business day following the town meeting in
which he or she was nominated, contest the correctness of the
announced results of said election by filing a written petition with
the district court of any county in which the municipality is
located.
Added by Laws 1988, c. 105, § 10, eff. Nov. 1, 1988.
§11-16-311. Petition alleging fraud - Bond - Hearing - Answer -
Judgment - Ineligibility for office - Liability of contestant -
Damages.
When a petition alleging fraud is filed, said petition must be
accompanied by a cash bond of Five Thousand Dollars ($5,000.00),
running in favor of the contestee and conditioned upon payment of any
and all liabilities or judgments arising from the contest so filed.
In said petition, contestant must allege the specific act
constituting such alleged fraud and the names of the alleged
perpetrators of such fraud. If such petition is filed in the manner
herein provided, the district judge of the county in which the
alleged fraud occurred, or such other judge as may be assigned by the
Supreme Court, shall hear and determine said issue without delay or
continuance of more than one (1) day. On the day of such hearing,
the contestee may file answer to such petition or may file cross
petition, setting forth in detail, as required of a petitioner
herein, such claim of fraud. An original petition or cross petition
must be under oath and under penalty of perjury. The judge shall try
and determine the issues formed by such pleadings and render such
judgment as he or she may deem just and proper, according to the
evidence submitted. The decision of said district judge shall be
final as to any changes in the total votes, and a copy of such
judgment and decision shall be furnished the officer who presided at
the town meeting. In any case where fraud is proved on the part of a
nominee, he or she shall be declared ineligible for the office for
which he or she was nominated. In all cases where a petition is
filed which alleges fraud, but after hearing said allegations are not
reasonably sustained by competent evidence, the contestant shall be
civilly liable in damages to the contestee for all damages sustained,
including a reasonable attorney fee and all reasonable and proper
costs of conducting such contest; and in the event it be alleged and
found that such petition was frivolous in nature, the contestee may
also be allowed punitive damages to be paid by said petitioner.
Added by Laws 1988, c. 105, § 11, eff. Nov. 1, 1988.
§11-16-312. Petition alleging irregularities other than fraud -
Sufficiency of allegations - Hearing.
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When a petition alleging irregularities other than fraud is
filed, the petition must allege a sufficient number of irregularities
and of such nature as to:
1. Prove that the contestant is lawfully entitled to be
announced the winner; or
2. Prove that it is impossible to determine with mathematical
certainty which nominee is entitled to be announced the winner. Proof
of failure of the presiding officer to take the vote by a paper
ballot shall be sufficient proof of this requirement.
If such allegations are not made, the petition shall be deemed
frivolous by the presiding judge and shall be dismissed. Said
petition must set forth specific allegations of irregularities. If
said petition is filed in the manner herein provided, the district
judge of the county or such other judge as may be assigned by the
Supreme Court shall hear and determine said issue in the same manner
as provided for a petition alleging fraud.
Added by Laws 1988, c. 105, § 12, eff. Nov. 1, 1988. Amended by Laws
1989, c. 78, § 3, emerg. eff. April 17, 1989
§11-16-313. Impossibility of determining winner - Special town
meeting to fill contested office.
In the event, after a hearing is conducted pursuant to Section 11
or 12 of this act, it is deemed impossible to determine who should be
announced the winner, the judge shall notify the presiding officer of
the town meeting of the same. It shall then be the duty of the
presiding officer to call a special town meeting for the purpose of
filling the contested office, provided that any nominee upon whom
fraud has been proved shall not be a nominee in the new election.
Added by Laws 1988, c. 105, § 13, eff. Nov. 1, 1988.
§11-16-314. Omission of or noncompliance with notice requirements -
Correction - Rectification of other errors and omissions - Validation
of business of original action.
When any of the requirements of this act as to notice of a
biennial or special town meeting have been omitted or not complied
with, the omission or noncompliance, if the meeting and the business
transacted at it is otherwise legal and within the scope of the
municipal powers, may be corrected and legalized by a majority vote
of the registered voters present at a regular town meeting or special
town meeting of the municipality called for that purpose, with notice
as required by Section 4 of this act. The question to be voted upon
shall substantially be, "Shall the action taken at the meeting of
this town held on (state date) in spite of the fact that (state error
or omission), and any act or action of the municipal officers or
agents pursuant thereto be readopted, ratified and confirmed?".
Errors or omissions in the conduct of an original meeting which are
not the result of an unlawful notice or noncompliance within the
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scope of the notice, may be rectified by a resolution of the
governing body of the municipality passed by a majority of the
members of the governing body at a regular meeting or a special
meeting called for that purpose, stating that the defect was the
result of oversight, inadvertence or mistake. When an error or
omission of this nature has been thus corrected by resolution, all
business within the terms of the action of the qualified voters shall
be as valid as if the requirements had been initially complied with,
on condition, however, that the original action thereby corrected by
the governing body was in compliance with the legal exercise of its
governing powers.
Added by Laws 1988, c. 105, § 14, eff. Nov. 1, 1988.
§11-16-315. Elections to be conducted by county election board -
Option to be conducted at town meeting.
Whenever in Title 11 of the Oklahoma Statutes provisions are made
for election of officers or consideration of questions at elections
conducted by the county election board pursuant to Section 16-101 et
seq. of Title 11 of the Oklahoma Statutes, such elections may be held
or questions considered at biennial or special town meetings, if the
municipality is subject to the provisions of this act.
Added by Laws 1988, c. 105, § 15, eff. Nov. 1, 1988.
§11-17-101. Borrowing or appropriating monies - Investments -
Deposit of monies.
A. Any act of a municipal governing body which provides for the
borrowing of monies or for appropriating monies shall not be valid
unless a majority of the governing body of the municipality votes in
favor of the action. The municipal governing body may not
appropriate or draw any order on the treasurer for monies unless the
same has been appropriated in the manner provided by law or ordered
in pursuance of some object provided for by law.
B. A municipality may invest its funds in any bond, note, or
other evidence of indebtedness issued by those agencies, authorities,
instrumentalities, or public entities whose governing boards are
appointed by the municipality or issued by any public trust of which
it is sole beneficiary, excluding obligations which are industrial
development bonds as defined in the provisions of Section 103 of the
Internal Revenue Code of 1953, as amended, and regulations
promulgated thereto.
C. If a municipality has established a system for the separate
accounting of monies by fund sources that has been certified by the
auditor of the municipality, the treasurer of such municipality
acting as an officer of the municipality or as agent of any
instrumentality or public trust of the municipality may deposit into
one or more accounts of an authorized depository all monies coming
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into his custody. Unless otherwise provided for by law, interest
earnings shall be prorated according to fund source.
Amended by Laws 1984, c. 126, § 32, eff. Nov. 1, 1984.
§11-17-102. Payment of invoice or account - Petty cash accounts.
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
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
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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.
Added by Laws 1977, c. 256, §17-102, eff. July 1, 1978. Amended by
Laws 1980, c. 226, § 1, emerg. eff. May 27, 1980; Laws 1985, c. 82, §
1, eff. Nov. 1, 1985; Laws 1988, c. 105, § 24, eff. Nov. 1, 1988;
Laws 1991, c. 124, § 1, eff. July 1, 1991; Laws 1996, c. 52, § 1,
emerg. eff. April 8, 1996.
§11-17-103. Actions against municipality.
No costs may be recovered against a municipality, in any action
brought against it, for any unliquidated claim which has not been
presented to the governing body for auditing, nor for claims allowed
in part unless the recovery shall be for a greater sum than the
amount allowed with the interest due. No action may be maintained
against a municipality in exercising or failing to exercise any
corporate power or authority where such action would not lie against
a private individual under like circumstances.
Laws 1977, c. 256, § 17-103, eff. July 1, 1978.
§11-17-104. Liability for voting unlawful claims.
Any governing body member who intentionally votes to appropriate
money or to allow any bill or claim which is not authorized by law
shall be personally liable to the municipality for the amount of such
money appropriated, or bills or claims allowed, with costs of suit,
in an action before any court of competent jurisdiction.
Laws 1977, c. 256, § 17-104, eff. July 1, 1978.
§11-17-105. Annual financial statement audit or agreed-upon-
procedures engagement.
A. The governing body of each municipality with an income of
Twenty-five Thousand Dollars ($25,000.00) or more to its general fund
during a fiscal year shall cause to be prepared, by an independent
licensed public accountant or a certified public accountant, an
annual financial statement audit to be conducted in accordance with
auditing standards generally accepted in the United States of America
and "Government Auditing Standards" as issued by the Comptroller
General of the United States. Such audit shall be ordered within
thirty (30) days of the close of each fiscal year. Copies shall be
filed with the State Auditor and Inspector within six (6) months
after the close of the fiscal year in accordance with the provisions
of Sections 3022 and 3023 of Title 68 of the Oklahoma Statutes and
with the governing body of the municipality.
B. The governing body of each municipality with an income of
Twenty-five Thousand Dollars ($25,000.00) or more to its general fund
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during a fiscal year and with a population of less than two thousand
five hundred (2,500) as of the most recent Federal Decennial Census,
and for whom an annual financial statement audit is not required by
another law, regulation or contract, shall cause to be prepared, by
an independent licensed public accountant or a certified public
accountant, an annual financial statement audit in accordance with
auditing standards generally accepted in the United States and
Government Auditing Standards as issued by the Comptroller General of
the United States, or an agreed-upon-procedures engagement over
certain financial information and compliance requirements to be
performed in accordance with the applicable attestation standards of
The American Institute of Certified Public Accountants. The specific
procedures to be performed are as follows for the fiscal year:
1. Prepare a schedule of changes in fund balances for each fund
and determine compliance with the statutory prohibition of creating
fund balance deficits;
2. Prepare a budget and actual financial schedule for the
General Fund and any other significant funds listing separately each
federal fund and determine compliance with the legal level of
appropriations by comparing expenditures and encumbrances to
authorized appropriations;
3. Agree material bank account balances to bank statements, and
trace significant reconciling items to subsequent clearance;
4. Compare uninsured deposits to fair value of pledged
collateral;
5. Compare use of material-restricted revenues and resources to
their restrictions;
6. Determine compliance with requirements for separate funds;
and
7. Determine compliance with reserve account and debt service
coverage requirements of bond indentures.
Such audit or agreed-upon-procedures engagement shall be ordered
within thirty (30) days of the close of each fiscal year. Copies
shall be filed with the State Auditor and Inspector within six (6)
months after the close of the fiscal year in accordance with the
provisions of Sections 3022 and 3023 of Title 68 of the Oklahoma
Statutes and with the governing body of the municipality.
C. The municipal income requirements in subsections A and B of
this section shall not include any grant monies provided to a
municipality from any federal, state, or other governmental entity.
Added by Laws 1977, c. 256, § 17-105, eff. July 1, 1978. Amended by
Laws 1979, c. 30, § 1, emerg. eff. April 6, 1979; Laws 1984, c. 125,
§ 1, emerg. eff. April 10, 1984; Laws 1987, c. 110, § 1, eff. Nov. 1,
1987; Laws 1991, c. 124, § 2, eff. July 1, 1991; Laws 2005, c. 459, §
1, eff. July 1, 2005; Laws 2016, c. 211, § 1; Laws 2017, c. 82, § 1.
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§11-17-105.1. Filing of audit or agreed-upon-procedures report -
Form.
An auditor shall file with the State Auditor and Inspector, at
the same time a certified copy of an audit or agreed-upon-procedures
report is filed as required in Section 17-105 of this title, two
copies of a prescribed form setting forth for the fiscal year audited
the funds available to the municipality and the use of those funds.
The form shall also include information relating to the duly
constituted authorities of the municipality and shall be on a form
approved by the State Auditor and Inspector. Copies of said audit
and the form shall be made available for public inspection by the
municipality and the State Auditor and Inspector. The State Auditor
and Inspector may contract for the preparation and reporting of the
information submitted on the form.
Added by Laws 1984, c. 125, § 2, emerg. eff. April 10, 1984. Amended
by Laws 2005, c. 459, § 2, eff. July 1, 2005; Laws 2018, c. 45, § 1,
eff. Nov. 1, 2018.
§11-17-106. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-17-106.1. Independent audit reports relating to federal awards
compliance - Form required.
Independent auditor's reports relating to federal awards
compliance will be in a form consistent with the auditors' reports in
the most recent audit guide for state and local governments prepared
by The American Institute of Certified Public Accountants. State
agencies or other pass-through grantors of federal awards will not
place auditing requirements on a municipality, in addition to the
required reports and schedules of federal awards expended, without
approval of the State Auditor and Inspector.
Added by Laws 1991, c. 124, § 3, eff. July 1, 1991. Amended by Laws
2005, c. 459, § 3, eff. July 1, 2005.
§11-17-107. Failure to file audit or agreed-upon-procedures report.
If a municipality does not file a copy of its audit or agreed-
upon-procedures report as provided in Section 17-105 of this title,
the State Auditor and Inspector shall notify the Oklahoma Tax
Commission which shall withhold from the municipality its monthly
allocations of gasoline taxes until the audit report is filed. If a
report is not filed within two (2) years after the close of the
fiscal year, the funds being withheld shall be remitted by the
Oklahoma Tax Commission to the county in which the incorporated city
or town is located and deposited to the county highway fund of that
county to be used as otherwise provided by law.
Added by Laws 1977, c. 256, § 17-107, eff. July 1, 1978. Amended by
Laws 1979, c. 30, § 2, emerg. eff. April 6, 1979; Laws 1993, c. 146,
§ 2; Laws 2005, c. 459, § 4, eff. July 1, 2005.
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§11-17-108. Trusts exempt.
The requirements of Sections 17-105 through 17-107 of this title
shall not apply to trusts of which a city or town is the beneficiary,
the same being covered under Section 180.1 of Title 60 of the
Oklahoma Statutes.
Laws 1977, c. 256, § 17-108, eff. July 1, 1978.
§11-17-109. Capital improvement fund - Authority to create.
The municipal governing body may create a capital improvement
fund and place in the fund any money available to the municipality.
Money in the fund may be accumulated from year to year. The fund
shall be nonfiscal and shall not be considered in computing any levy
when the municipality makes its estimate to the excise board for
needed appropriations. Money in the capital improvement fund may be
expended for any capital improvement.
Laws 1977, c. 256, § 17-109, eff. July 1, 1978; Laws 1991, c. 124, §
4, eff. July 1, 1991.
§11-17-110. Capital improvements - Definitions.
For the purpose of creating a capital improvement fund and
expending money therefrom, capital improvement shall mean all items
and articles, either new or replacements, not consumed with use but
only diminished in value with prolonged use, including but not
limited to roads and streets, drainage improvements, water and
sewerage improvements, machinery, equipment, furniture and fixtures,
all real property, all construction or reconstruction of buildings,
appurtenances and improvements to real property, the cost and
expenses related thereto of rights-of-way or other real property,
engineering, architectural or legal fees, and payment for
improvements for which subsequent reimbursement is made to the
capital improvement fund.
Laws 1977, c. 256, § 17-110, eff. July 1, 1978.
§11-17-111. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-17-112. Manufacturing establishments and public utilities -
Exemption from municipal taxation.
Any municipality may, by a majority vote of the registered voters
of the municipality voting on the question, exempt from municipal
taxation for a period not to exceed five (5) years new manufacturing
establishments and public utilities locating in the municipality.
Laws 1977, c. 256, § 17-112, eff. July 1, 1978.
§11-17-113. Publication of city financial statements.
Any municipality subject to the annual audit requirements of
Section 17-105 of this title shall cause to be published, within
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thirty (30) days of receipt of its annual audit report, a notice of
availability of the annual audited financial statements for public
inspection. All publications mentioned in this section shall be made
in a newspaper of general circulation in the municipality. The
provisions of this section shall not apply to any city governed by
charter where the charter provides for the manner or procedure for
publication of such financial information.
Laws 1977, c. 256, § 17-113, eff. July 1, 1978; Laws 1991, c. 124, §
5, eff. July 1, 1991.
§11-17-114. Vendor invoices and contract estimates - Payment
procedures - Uniform jackets.
To facilitate the payment of vendor invoices and contract
estimates the municipal finance officer may design a uniform jacket
to be used by all departments and divisions of the municipality
whereon shall be provided summarized information relative to the
enclosed invoices or contract estimates, together with a space for
the approval of the head of the department or division approving said
vendor invoices or contract estimates for payment. Vendor invoices
and contract estimates may be accepted by the municipality in lieu of
the claim form previously required in the same manner as commercial
invoices are paid. If utilized, vendor invoices and contract
estimates shall be filed with the department or division receiving
the merchandise or services in the same manner as invoices are filed
with commercial firms. Upon receipt of invoices or contract
estimates the head of the department or division or his authorized
agent, may approve said documents for payment by executing a
certificate of delivery or acceptance of the goods or services.
Whereupon, the authorized official of said agency may approve said
invoices or contract estimates for payment by enclosing the invoice
or contract estimate in a jacket provided for such purpose and
affixing his or her approval in the space provided on the jacket.
Added by Laws 1990, c. 177, § 1, eff. Sept. 1, 1990.
§11-17-115. Reverse auction bidding – Procedure – Public disclosure
- Remedies.
A. A municipality or any public trust of which the municipality
is beneficiary or any nonappropriated governmental agency or
instrumentality of the state is authorized to use a reverse auction
bidding procedure to obtain bids for the purchase of goods or
services of any type of kind. The reverse auction shall be a real-
time bidding process taking place at a previously scheduled time and
Internet location and for a previously established duration, in which
multiple suppliers, anonymous to each other, submit bids to provide
the goods or services. The reverse auction procedure may be used as
an alternative to any state law applicable to the purchase of the
goods or services.
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B. The procedure shall provide:
1. A bid opening and bid closure. At the opening date and time,
the municipality or public trust shall begin accepting reverse
auction electronic bids. Reverse auction bids shall be accepted
until the bid closure, except as provided by paragraph 6 of this
subsection, unless the municipality or public trust determines it is
in the best interest of the municipality or public trust to extend
the closing time and notifies the reverse auction bidders of the
extended closing time by public announcement at the Internet location
at least fifteen (15) minutes prior to the original closing time;
2. The posting of all reverse auction bids electronically and
updating of bids on a real-time basis by the municipality or public
trust;
3. The authorization for the municipality or public trust to
require bidders to register before the opening date and time and, as
part of that registration, require bidders to agree to any terms,
conditions or other requirements of the solicitation or applicable
acts;
4. The authorization for the municipality or public trust to
also require potential bidders to prequalify as bidders and to
restrict solicitations to prequalified online and reverse auction
bidders;
5. The retention of the authority of the municipality or public
trust to determine the criteria that will be used as the basis for
making awards; and
6. The authorization for the municipality or public trust to
determine it is in the best interest of the municipality or public
trust to allow it to accept an electronic bid after the specified
official closing date and time, in the event the municipality or
public trust determines that a significant error or event occurred
that affected the electronic receipt of any reverse auction bid by
the municipality or public trust.
C. All bids submitted electronically through the reverse auction
bidding process pursuant to this section are subject to the same
public disclosure laws that govern bids received pursuant to any
other law of this state governing procurement procedures for a
municipality or public trust.
D. All remedies available to the municipality or public trust
and suppliers through a bid process pursuant to any other law of this
state are also available to the municipality or public trust reverse
auction bidders in a reverse auction bidding process.
Added by Laws 2004, c. 514, § 1, eff. Nov. 1, 2004. Amended by Laws
2005, c. 459, § 5, eff. July 1, 2005.
§11-17-115.1. Use of reverse auction bidding to obtain acquisitions
or award contracts.
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The procedures set out in Section 17-115 of Title 11 of the
Oklahoma Statutes may be used to obtain acquisitions or award
contracts for all needed operations or purchase orders.
Added by Laws 2006, c. 301, § 4, eff. Nov. 1, 2006.
§11-17-201. Short title.
This act may be cited as the "Municipal Budget Act".
Laws 1979, c. 111, § 1. 0
§11-17-202. Purpose of act.
The purpose of this act is to provide an alternate budget
procedure for municipal governments which will:
1. Establish standard and sound fiscal procedures for the
adoption and administration of budgets;
2. Make available to the public and investors sufficient
information as to the financial conditions, requirements and
expectations of the municipal government; and
3. Assist municipal governments to improve and implement
generally accepted standards of finance management.
Laws 1979, c. 111, § 2.
§11-17-203. Application of act.
This act shall apply to any incorporated city or town which, by
resolution of the governing body, opts to come under and comply with
all its provisions and requirements. Once a municipality has
selected the Municipal Budget Act to govern its budget procedures,
the provisions of this act shall take precedence over any other state
laws applicable to municipal budgets, except as may be provided
otherwise in this act, and supersede any conflicting laws. Any action
of a municipal governing body to implement, rescind or repeal the
application of the Municipal Budget Act shall be effective as of the
beginning or end of a budget year pursuant to this act.
Laws 1979, c. 111, § 3.
§11-17-203.1. Budget format.
A municipality that opts to prepare its budget pursuant to the
Municipal Budget Act may select a budget format based on funds and
departments or, in the alternative, it may select a format based on
purpose. A purpose-based budget shall be subject to all other
requirements of the Municipal Budget Act, except those requirements
specifically related to budgeting by fund or as provided in Sections
4 and 5 of this act.
Added by Laws 2006, c. 314, § 1, eff. July 1, 2006.
§11-17-204. Definitions.
As used in this act, except as provided in Section 4 of this act:
D$,$$)"!!"$ '3 " :$&(
1. "Account" means an entity for recording specific revenues or
expenditures, or for grouping related or similar classes of revenues
and expenditures and recording them within a fund or department;
2. “Appropriated fund balance” means any fund balance
appropriated for a fund for the budget year;
3. "Appropriation" means an authorization to expend or encumber
revenues and fund balance of a fund;
4. "Budget" means a plan of financial operations for a fiscal
year, including an estimate of proposed expenditures for given
purposes and the proposed means for financing them;
5. "Budget summary" means a tabular listing of revenues by
source and expenditures by fund and by department within each fund
for the budget year;
6. "Budget year" means the fiscal year for which a budget is
prepared or being prepared;
7. "Chief executive officer" means the mayor of an aldermanic
city or a strong-mayor-council city, the mayor of a town, or the city
manager or chief administrative officer as it may be defined by
applicable law, charter or ordinance;
8. "Current year" means the year in which the budget is prepared
and adopted, or the fiscal year immediately preceding the budget
year;
9. "Deficit" means the excess of a fund's current liabilities
and encumbrances over its current financial assets as reflected by
its books of account;
10. "Department" means a functional unit within a fund which
carries on a specific activity, such as a fire department or a police
department within a general fund;
11. "Estimated revenue" means the amount of revenues estimated
to be received during the budget year in each fund for which a budget
is prepared;
12. "Fiscal year" means the annual period for reporting fiscal
operations which begins and ends on dates as the Legislature provides
or as provided by law;
13. "Fund" means an independent fiscal and accounting entity
with a self-balancing set of accounts to record cash and other
financial resources, together with all liabilities, which are
segregated for the purpose of carrying on specific activities or
attaining certain objectives;
14. "Fund balance" means the excess of a fund's current
financial assets over its current liabilities and encumbrances, as
reflected by its books of account;
15. "Governing body" means the city council of a city, the board
of trustees of a town, or the legislative body of a municipality as
it may be defined by applicable law or charter provision;
16. "Immediate prior fiscal year" means the year preceding the
current year;
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17. "Levy" means to impose ad valorem taxes or the total amount
of ad valorem taxes for a purpose or entity;
18. "Operating reserve" means that portion of the fund balance
which has not been appropriated in a budget year; and
19. "Municipality" means any incorporated city or town.
Added by Laws 1979, c. 111, § 4. Amended by Laws 1980, c. 226, § 2,
emerg. eff. May 27, 1980; Laws 1995, c. 166, § 1, emerg. eff. May 4,
1995; Laws 2002, c. 98, § 1, eff. Nov. 1, 2002; Laws 2006, c. 314, §
2, eff. July 1, 2006.
§11-17-205. Annual budget - Preparation and submission - Assistance
of officers, employees and departments.
At least thirty (30) days prior to the beginning of each fiscal
year, a budget for the municipality shall be prepared by the chief
executive officer and submitted to the governing body. The chief
executive officer may require any other officer or employee who is
charged with the management or control of any department or office of
the municipality to furnish estimates for the fiscal year covering
estimated revenues and expenditures of the department or office on or
before a date set by the chief executive officer.
Laws 1979, c. 111, § 5.
§11-17-206. Requirements and contents of budget.
A. The municipal budget shall present a complete financial plan
for the municipality and shall present information necessary and
proper to disclose the financial position and condition of the
municipality and the revenues and expenditures thereof, both past and
anticipated.
B. Unless the budget is prepared in accordance with Sections 4
and 5 of this act, the budget shall be prepared by fund and
department and shall contain the following contents:
1. The budget shall contain a budget summary;
2. It shall also be accompanied by a budget message which shall
explain the budget and describe its important features;
3. The budget format shall be as provided by the governing body
in consultation with the chief executive officer; and
4. It shall contain at least the following in tabular form for
each fund, itemized by department and account within each fund:
a. actual revenues and expenditures for the immediate
prior fiscal year,
b. revenues and expenditures for the current fiscal year
as shown by the budget for the current year as adopted
or amended, and
c. estimates of revenues and expenditures for the budget
year.
C. The estimate of revenues for any budget year shall include
probable income by source which the municipality is legally empowered
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to collect or receive at the time the budget is adopted. The estimate
shall be based on a review and analysis of past and anticipated
revenues of the municipality. Any portion of the budget of revenues
to be derived from ad valorem property taxation shall not exceed the
amount of tax which is available for appropriation, as finally
determined by the county excise board, or which can or must be raised
as required by law. The budget of expenditures for each fund shall
not exceed the estimated revenues for each fund. No more than ten
percent (10%) of the total budget for any fund may be budgeted for
miscellaneous purposes. Included in the budget of revenues or
expenditures for any fund may be amounts transferred from or to
another fund. Any such interfund transfer must be shown as a
disbursement from the one fund and as a receipt to the other fund.
D. Encumbrances for funds whose sole purpose is to account for
grants and capital projects and/or any unexpended appropriation
balances may be considered nonfiscal and excluded from the budget by
the governing body, but shall be reappropriated to the same funds,
accounts and for the same purposes for the successive fiscal year,
unless the grant, project or purpose is designated or declared closed
or completed by the governing body.
Added by Laws 1979, c. 111, § 6. Amended by Laws 2002, c. 98, § 2,
eff. Nov. 1, 2002; Laws 2002, c. 440, § 1, eff. Nov. 1, 2002; Laws
2006, c. 314, § 3, eff. July 1, 2006.
§11-17-207. Monies received and expended must be accounted for by
fund or account.
Any monies received or expended by a municipality must be
accounted for by fund and account. Each municipality shall adopt an
appropriation for the general fund and for all other funds
established by the governing body pursuant to the provisions of
Section 17-212 of this title. The municipal governing body shall
determine the needs of the municipality for sinking fund purposes,
pursuant to the provisions of Section 431 of Title 62 of the Oklahoma
Statutes, Section 3017 of Title 68 of the Oklahoma Statutes, and
Section 28 of Article 10 of the Oklahoma Constitution, and include
these requirements in the debt service fund budget for the budget
year.
Added by Laws 1979, c. 111, § 7. Amended by Laws 1984, c. 146, § 1,
operative July 1, 1984; Laws 1991, c. 124, § 6, eff. July 1, 1991;
Laws 2002, c. 98, § 3, eff. Nov. 1, 2002.
§11-17-208. Public hearing on proposed budget - Notice - Copies of
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
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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.
Added by Laws 1979, c. 111, § 8. Amended by Laws 2018, c. 292, § 1,
eff. Nov. 1, 2018.
§11-17-209. Adoption of budget - Filing - Effective period - Use of
appropriated funds - Levying tax.
A. After the hearing and at least seven (7) days prior to the
beginning of the budget year, the governing body shall adopt the
budget by resolution, or as any charter may require, at the level of
classification as defined in Section 17-213 of this title. The
governing body may add or increase items or delete or decrease items
in the budget. In all cases the proposed expenditures shall not
exceed the estimated revenues and appropriated fund balance for any
fund.
B. The adopted budget shall be transmitted to the State Auditor
and Inspector within thirty (30) days after the beginning of the
fiscal year of the municipality and one copy shall be kept on file in
the office of the municipal clerk. A copy of the municipality's
sinking fund requirements shall be filed with the excise board of the
county or counties in which the municipality is located.
C. The adopted budget shall be in effect on and after the first
day of the fiscal year to which it applies. The budget as adopted
and filed with the State Auditor and Inspector shall constitute an
appropriation for each fund, and the appropriation thus made shall
not be used for any other purpose except as provided by law.
D. At the time required by law, the county excise board shall
levy the taxes necessary for the municipality's sinking fund for the
budget year pursuant to Section 431 of Title 62 of the Oklahoma
Statutes.
Added by Laws 1979, c. 111, § 9. Amended by Laws 1991, c. 124, § 7,
eff. July 1, 1991; Laws 2002, c. 98, § 4, eff. Nov. 1, 2002.
§11-17-210. Protests - Failure to protest - Examination of filed
budget.
Within fifteen (15) days after the filing of any municipal budget
with the State Auditor and Inspector, any taxpayer may file protests
against any levy of ad valorem taxes for creating sinking funds in
the manner provided by this section and Sections 24104 through 24111
of Title 68 of the Oklahoma Statutes. The fifteen-day protest period
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begins upon the date the budget is received in the Office of the
State Auditor and Inspector. After receipt of a taxpayer protest,
the State Auditor and Inspector shall transmit by certified mail one
copy of each protest to the municipal clerk, and one copy of each
protest to the county treasurer and the excise board of each county
in which the municipality is located. The taxpayer shall specify the
grounds upon which the protest is based. Any protest filed by any
taxpayer shall inure to the benefit of all taxpayers. Provided, the
provisions of this section shall not delay any budget expenditures of
a municipality if the amount of revenue from the ad valorem tax levy
which is deposited in the municipal general fund is less than five
percent (5%) of the total revenue accruing to the municipal general
fund during the prior fiscal year. If no protest is filed by any
taxpayer within the fifteen-day period, the budget and any
appropriations thereof shall be deemed legal and final until amended
by the governing body or the county excise board as authorized by
law. Taxpayers shall have the right at all reasonable times to
examine the budget on file with the municipal clerk or the State
Auditor and Inspector for the purpose of filing protests in
accordance with this section and Sections 24104 through 24111 of
Title 68.
Laws 1979, c. 111, § 10, eff. Oct. 1, 1979; Laws 1980, c. 226, § 3,
emerg. eff. May 27, 1980; Laws 1991, c. 124, § 8, eff. July 1, 1991.
§11-17-211. Expenditure of funds - Balances to be carried forward -
Unlawful acts and liability therefor.
A. No expenditure may be incurred or made by any officer or
employee which exceeds the fund balance for any fund. Any fund
balance remaining in a fund at the end of the fiscal year shall be
carried forward to the credit of the fund for the next fiscal year.
No expenditure may be authorized or made by any officer or employee
which exceeds the appropriation of any fund.
B. It shall be unlawful for any officer or employee of the
municipality in any budget year:
1. To create or authorize creation of a deficit in any fund; or
2. To authorize, make or incur expenditures in excess of ninety
percent (90%) of the appropriation for any fund of the budget as
adopted or amended until revenues received, including the prior
fiscal year's fund balance carried forward, totals an amount equal to
at least ninety percent (90%) of the appropriation for the fund.
Expenditures may then be made and authorized so long as any
expenditure does not exceed any fund balance.
C. Any obligation that is contracted or authorized by any
officer or employee in violation of this act shall become the
obligation of the officer or employee himself and shall not be valid
or enforceable against the municipality. Any officer or employee who
violates this act shall forfeit his office or position and shall be
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subject to such civil and criminal punishments as are provided by
law. Any obligation, authorization for expenditure or expenditure
made in violation of this act shall be illegal and void.
Added by Laws 1979, c. 111, § 11. Amended by Laws 1991, c. 124, § 9,
eff. July 1, 1991; Laws 1992, c. 371, § 2, eff. July 1, 1992; Laws
2002, c. 98, § 5, eff. Nov. 1, 2002.
§11-17-212. Funds - Establishment - Kinds.
A municipality shall establish funds consistent with legal and
operating requirements. Each municipality shall maintain according
to its own needs some or all of the following funds or ledgers in its
system of accounts:
1. A general fund, to account for all monies received and
disbursed for general municipal government purposes, including all
assets, liabilities, reserves, fund balances, revenues and
expenditures which are not accounted for in any other fund or special
ledger account. All monies received by the municipality under the
motor fuel tax or under the motor vehicle license and registration
tax and earmarked for the street and alley fund may be deposited in
the general fund and accounted for as a "street and alley account"
within the general fund. Expenditures from this account shall be
made as earmarked and provided by law. All references to the street
and alley fund or to the special fund earmarked for state-shared
gasoline and motor vehicle taxes may mean the street and alley
account provided in this section;
2. Special revenue funds, as required, to account for the
proceeds of specific revenue sources that are restricted by law to
expenditures for specified purposes;
3. Debt service fund, which shall include the municipal sinking
fund, established to account for the retirement of general obligation
bonds or other long-term debt and payment of interest thereon and
judgments as provided by law. Any monies pledged to service general
obligation bonds or other long-term debt must be deposited in the
debt service fund;
4. Capital project funds, to account for financial resources
segregated for acquisition, construction or other improvement related
to capital facilities other than those accounted for in enterprise
funds and nonexpendable trust funds;
5. Enterprise funds, to account for each utility or enterprise
or other service, other than those operated as a department of the
general fund, where the costs are financed primarily through user
charges or where there is a periodic need to determine revenues
earned, expenses incurred or net income for a service or program;
6. Trust and agency funds, to account for assets held by the
municipality as trustee or agent for individuals, private
organizations or other governmental units or purposes, such as a
retirement fund or a cemetery perpetual care fund;
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7. Internal service funds, to account for the financing of goods
or services provided by one department or agency of the municipality
to another department or agency, or to another government, on a cost
reimbursement basis;
8. A ledger or group of accounts in which to record the details
relating to the general fixed assets of the municipality;
9. A ledger or group of accounts in which to record the details
relating to the general bonds or other long-term debt of the
municipality; or
10. Such other funds or ledgers as may be established by the
governing body.
Laws 1979, c. 111, § 12; Laws 1991, c. 124, § 10, eff. July 1, 1991.
§11-17-213. Funds - Classification of revenues and expenditures.
Each fund shall be made up of accounts for classifying revenues
and expenditures. Revenues shall be classified separately by source.
Expenditures shall be departmentalized within each fund and shall be
classified into at least the following accounts:
1. Personal services, which may include expenses for salaries,
wages, per diem or other compensation, fees, allowances or
reimbursement for travel expenses, and related employee benefits,
paid to any officer or employee for services rendered or for
employment. Employee benefits may include employer contributions to
a retirement system, insurance, sick leave, terminal pay or similar
benefits;
2. Materials and supplies, which may include articles and
commodities which are consumed or materially altered when used, such
as office supplies, operating supplies and repair and maintenance
supplies, and all items of expense to any person, firm or corporation
rendering a service in connection with repair, sale or trade of such
articles or commodities;
3. Other services and charges, which may include all current
expenses other than those listed in paragraphs 1, 2, 4, 5 or 6 of
this section, such as services or charges for communications,
transportation, advertising, printing or binding, insurance, public
utility services, repairs and maintenance, rentals, miscellaneous
items and all items of expenses to any person, firm or corporation
rendering such services;
4. Capital outlays, which may include outlays which result in
acquisition of or additions to fixed assets which are purchased by
the municipality, including machinery and equipment, furniture, land,
buildings, improvements other than buildings, and all construction,
reconstruction, appurtenances or improvements to real property
accomplished according to the conditions of a contract;
5. Debt service, which may include outlays in the form of debt
principal payments, periodic interest payments, or related service
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charges for benefits received in part in prior fiscal periods as well
as in current and future fiscal periods; and
6. Fund transfers, which may include permanent transfers of
resources from one fund to another.
Added by Laws 1979, c. 111, § 13. Amended by Laws 1991, c. 124, §
11, eff. July 1, 1991; Laws 2002, c. 98, § 6, eff. Nov. 1, 2002.
§11-17-214. Funds - Operating reserve.
A municipality may create an operating reserve for the purpose of
providing a fund or reserve out of which to meet emergency
expenditures.
Laws 1979, c. 111, § 14.
§11-17-215. Transfer of unexpended or unencumbered appropriation -
Limitations on encumbrances or expenditures.
A. The chief executive officer, or designee, as authorized by
the governing body, may transfer any unexpended and unencumbered
appropriation or any portion thereof from one department to another
within the same fund; except that no appropriation for debt service
or other appropriation required by law or ordinance may be reduced
below the minimums required.
B. Any fund balance in an enterprise fund of the municipality
may be transferred to another fund of the municipality as authorized
by the governing body. Other interfund transfers may be made only as
adopted or amended according to Section 17-206 or 17-216 of this
title.
C. Whenever the necessity for maintaining any fund of a
municipality has ceased to exist and a balance remains in the fund,
the governing body may authorize the transfer of the balance to the
general fund or any other designated fund, unless otherwise provided
by law.
D. No encumbrance or expenditure may be authorized or made by
any officer or employee which exceeds the available appropriation for
each department within a fund.
Added by Laws 1979, c. 111, § 15. Amended by Laws 1980, c. 226, § 4,
emerg. eff. May 27, 1980; Laws 1991, c. 124, § 12, eff. July 1, 1991;
Laws 2002, c. 98, § 7, eff. Nov. 1, 2002.
§11-17-216. Supplemental appropriations to funds - Amendment of
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
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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.
Added by Laws 1979, c. 111, § 16. Amended by Laws 1991, c. 124, §
13, eff. July 1, 1991; Laws 2002, c. 98, § 8, eff. Nov. 1, 2002.
§11-17-217. Purpose-based budget - Definitions.
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;
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.
Added by Laws 2006, c. 314, § 4, eff. July 1, 2006.
§11-17-218. Purpose-based budget - Procedures.
A municipality that selects a purpose-based budget format shall
be subject to the following procedures in addition to other
applicable provisions of the Municipal Budget Act:
1. Each municipality shall adopt an appropriation for each
purpose as established by the governing body;
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2. In all cases the appropriations shall not exceed the income
and revenue provided by the governing body from estimated revenues
and appropriated fund balance;
3. The adopted budget shall be in effect on and after the first
day of the fiscal year to which it applies. The budget as adopted
and filed with the State Auditor and Inspector shall constitute an
appropriation for each purpose as defined by the governing body, and
the appropriation thus made shall not be used for any other purpose
except as provided by law;
4. The chief executive officer, or designee, as authorized by
the governing body, may transfer any unexpended and unencumbered
appropriation or any portion thereof from one purpose to another;
except that no appropriation for debt service or other appropriation
required by law or ordinance may be reduced below the minimums
required;
5. No encumbrance or expenditure may be authorized or made by
any officer or employee which exceeds the available appropriation for
each purpose as defined by the governing body;
6. The governing body may amend the budget to make supplemental
appropriations to any purpose up to the amount of additional
unappropriated income and revenues which become available during the
fiscal year;
7. If at any time during the budget year it appears probable
that revenues available will be insufficient to meet the amount
appropriated, or that due to unforeseen emergencies there is
temporarily insufficient money to meet the requirements of
appropriation, the governing body shall take action as it deems
necessary. For that reason, it may amend the budget to reduce one or
more appropriations or it may amend the budget to transfer money from
one purpose to another purpose, but no appropriation for debt service
may be reduced and no appropriation may be reduced by more than the
amount of the unencumbered and unexpended balance thereof. No
transfer shall be made from the debt service fund to any other fund
except as may be permitted by the terms of the bond issue or
applicable law; and
8. A budget amendment as provided in this section authorizing
supplemental appropriations or a decrease in the total appropriation
of funds shall be adopted at a meeting of the governing body and
filed with the municipal clerk and the State Auditor and Inspector.
Added by Laws 2006, c. 314, § 5, eff. July 1, 2006.
§11-17-301. Municipal Fiscal Impact Act - Fiscal impact statement.
A. This section shall be known and may be cited as the
“Municipal Fiscal Impact Act”.
B. As used in this section, “direct adverse fiscal impact” means
the cost in dollars to a municipality in this state of a statute
which imposes a mandate for the new or additional application of
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municipal resources or reduces existing municipal resources without
providing revenue which would fully fund the mandate. Municipal
resources may include, but are not limited to: law enforcement, fire
protection, health and medical services, power and water services,
streets, bridges or highways and recreational services.
C. A fiscal impact statement shall be required for any bill or
resolution which is determined by the chair of the legislative
committee to which the bill or resolution is assigned to have a
potential direct adverse fiscal impact on municipalities in this
state. The impact statement shall identify the estimated amount of
the fiscal impact and any source of federal, state or local revenue
that will be used to fund the proposed mandate. If the chair of the
committee to which the bill or resolution is assigned determines that
the bill or resolution, or a proposed amendment, is subject to the
provisions of this section, the chair shall:
1. Request the preparation of a fiscal impact statement prior to
placing the bill, resolution or amendment on the agenda to be
considered at a meeting of the committee;
2. Provide notice to the principal author of the bill,
resolution or amendment regarding the determination; and
3. Make the fiscal impact statement available, on and after the
date of the committee meeting during which the bill or resolution is
considered, to the author, members of the committee considering the
bill or resolution and any other party requesting information.
D. No bill, resolution or amendment determined to have a direct
adverse fiscal impact on municipalities in excess of One Hundred
Thousand Dollars ($100,000.00) statewide shall be reported out of the
committee to which it is assigned, or in the case of a floor
amendment, shall be acted upon by the relevant house, unless a fiscal
impact statement of the bill is made.
E. Any bill, resolution or amendment determined to have a direct
adverse fiscal impact on municipalities in excess of One Hundred
Thousand Dollars ($100,000.00) statewide for which an emergency
clause has not received required approval pursuant to Section 58 of
Article V of the Oklahoma Constitution shall not go into effect until
July 1 of the following calendar year.
Added by Laws 2010, c. 372, § 1, eff. Nov. 1, 2010.
§11-18-101. Procedure for changing form of government - Petition or
governing body resolution.
Any city operating pursuant to a statutory form of city
government may change to any one of the other statutory forms of city
government. The mayor shall issue an order calling for an election
on the question of whether or not the city shall change its form of
government if:
1. an initiative petition is filed with the governing body of
the municipality; or
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2. the governing body, by resolution, so directs.
The initiative petition or resolution of the governing body shall be
filed at least one hundred twenty (120) days before the filing date
for the next municipal general election and shall include the form of
government which is proposed for adoption. The order calling for the
election shall be issued by the governing body of the municipality
within ten (10) days after a decision has been made on the ballot
title, or within ten (10) days after the effective date of the
resolution of the governing body.
Amended by Laws 1984, c. 126, § 33, eff. Nov. 1, 1984.
§11-18-102. Election on question - Notice.
The question of changing the statutory form of city government
shall be submitted to the registered voters of the city at a general
or special election to be held in the city not less than sixty (60)
days nor more than ninety (90) days after the date of the order
calling for the election. Notice of the election on the question
shall be given by the governing body in the manner required for
municipal elections.
Laws 1977, c. 256, § 18-102, eff. July 1, 1978; Laws 1993, c. 316, §
1, eff. Sept. 1, 1993.
§11-18-103. Ballots - Certification of results - Order.
The question submitted to the registered voters of the
municipality shall be substantially in the following form:
Shall the City of ______ change to the statutory ___________
(name of proposed statutory form) form of city government?
( ) Yes.
( ) No.
The secretary of the county election board shall, within five (5)
days after the canvass of returns, certify the results of the
election on the question to the governing body. If a majority of the
votes cast are in favor of adopting the proposed form of government,
the governing body shall, within twenty (20) days after receiving the
certification, adopt a resolution stating that the city has changed
its form of government to the form adopted. The governing body by
ordinance shall divide the city into the number of wards required
under the statutory form of government which has been adopted.
Laws 1977, c. 256, § 18-103, eff. July 1, 1978.
§11-18-104. Effective date of new form - First elections -
Transition of officers.
The first primary and general elections under the new form shall
be held at the time that the next municipal primary and general
elections would be held as if there were no change in the form of
government. The form of government which has been adopted shall go
into full effect when the terms of officers elected under the new
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form begin. Every appointive officer or employee holding an office
or position which exists under both the previous and new forms of
government shall continue in his office or position in the new form
of government until his services terminate or are terminated in the
manner provided by the new form.
Laws 1977, c. 256, § 18-104, eff. July 1, 1978.
§11-18-105. Record of change.
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.
Laws 1977, c. 256, § 18-105, eff. July 1, 1978.
§11-19-101. Procedure for changing name - Petition or governing body
resolution.
The mayor of an incorporated municipality shall issue an order
calling for an election on the question of whether or not the
municipality shall change its name if:
1. an initiative petition is filed with the governing body; or
2. the governing body, by resolution, so directs.
The initiative petition or resolution of the governing body shall set
forth the name of the municipality, its location, and the new name
which is proposed for adoption.
Amended by Laws 1984, c. 126, § 34, eff. Nov. 1, 1984. Amended by
Laws 1984, c. 126, § 34, eff. Nov. 1, 1984.
§11-19-102. Election on question - Notice.
The question of changing the name of the municipality shall be
submitted to the registered voters of the municipality at a general
or special election to be held in the municipality not less than
thirty (30) nor more than sixty (60) days after the date of the order
calling for the election. Notice of the election on the question
shall be given by the governing body in the manner required for
municipal elections.
Laws 1977, c. 256, § 19-102, eff. July 1, 1978.
§11-19-103. Ballots - Certification of results - Order.
The question submitted to the registered voters of the
municipality shall be substantially in the following form:
Shall the ________ (City or Town) of ________ change its
name to the (City or Town) of ________?
( ) Yes.
( ) No.
The secretary of the county election board shall, within five
(5) days after the canvass of returns, certify the results of the
election on the question to the governing body. If a majority of the
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votes cast are in favor of adopting the new name, the governing body
shall, within twenty (20) days after receiving the certification,
adopt a resolution stating that the name of the municipality has been
changed and giving the new name of the municipality. The resolution
shall also state the date that the change will take effect. The
effective date shall be not less than thirty (30) days after the
resolution is adopted.
Laws 1977, c. 256, § 19-103, eff. July 1, 1978.
§11-19-104. Record and publication of change.
The resolution declaring the change of name of the municipality
shall be recorded in the office of the county clerk in the county in
which the situs of the municipal government is located and filed in
the office of the Secretary of State and in the archives of the
municipality. The resolution shall also be published at least once
in a newspaper of general circulation in the municipality.
Laws 1977, c. 256, § 19-104, eff. July 1, 1978.
§11-20-101. Review of wards after each federal census.
A. As soon as practicable following each federal census, the
municipal governing body shall review the wards and ward boundaries
of the municipality. The governing body shall change the boundaries
or number of wards, if necessary, in the manner provided by this
article, so that the wards are formed of compact and contiguous
territory and are substantially equal in population.
B. The municipal governing body, to the extent practicable,
shall not subdivide precincts established by a county election board
in establishing ward or council boundaries.
Laws 1977, c. 256, § 20-101, eff. July 1, 1978; Laws 1993, c. 316, §
2, eff. Sept. 1, 1993.
§11-20-102. Procedure for proposing ward changes.
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.
Amended by Laws 1984, c. 126, § 35, eff. Nov. 1, 1984.
§11-20-103. Changes proposed by governing body - Notice.
The governing body shall give at least thirty (30) days' notice
of the proposal by the governing body to change the name, boundaries,
or number of wards. The notice shall be published at least once.
After the thirty-day notice period, the governing body may make the
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proposed changes by ordinance which shall be approved by a two-thirds
(2/3) vote of its members.
Amended by Laws 1984, c. 126, § 36, eff. Nov. 1, 1984.
§11-20-104. Change adopted by initiative petition.
Within thirty (30) days after an election adopting the question
in the initiative petition requesting a change in the name,
boundaries or number of wards, the municipal governing body by
ordinance shall make the requested changes.
Added by Laws 1977, c. 256, § 20-104, eff. July 1, 1978. Amended by
Laws 2001, c. 296, § 1, eff. July 1, 2001.
§11-20-105. Effect of change.
Unless otherwise provided for by the governing body, the
effective date of a change in the name, boundaries, or number of
wards shall be the effective date of the ordinance making such
change. Election of councilmembers or trustees for wards which have
no representation due to such change shall take place at the time
established by the governing body of the municipality but not later
than the next regular municipal election. The terms of office of
such new councilmembers or trustees shall be as provided for by the
law applicable to the form of municipal government. A change in the
boundaries or number of wards shall not disqualify a councilmember or
trustee from completing the term for which he was elected.
Amended by Laws 1984, c. 126, § 37, eff. Nov. 1, 1984.
§11-20-106. Record of change.
The governing body shall provide for the recording and filing of
changes made in the name, boundaries or number of municipal wards.
Laws 1977, c. 256, § 20-106, eff. July 1, 1978.
§11-21-101. Authority to change municipal limits.
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.
Laws 1977, c. 256, § 21-101, eff. July 1, 1978.
§11-21-102. Annexation of territory separated by railway,
intervening strip or highway right-of-way.
Where any territory to be annexed is separated from the corporate
limits of the municipality only by a railway right-of-way, an
intervening strip less than four (4) rods wide, or a highway right-
of-way, the territory shall be considered adjacent or contiguous to
the municipality.
Added by Laws 1977, c. 256, § 21-102, eff. July 1, 1978. Amended by
Laws 1999, c. 220, § 1, eff. Nov. 1, 1999.
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§11-21-103. Cities or towns - Annexation procedure.
A. Before the governing body of a city or town may annex any
territory adjacent or contiguous to the city or town, it must obtain
the written consent of the owners of at least a majority of the acres
to be annexed to the municipality and provide for notice and a public
hearing on the proposed annexation of the territory in the manner
provided in subsection B of this section. The annexation of land by
a connecting strip serving no municipal purpose other than to
establish statutory contiguity or adjacentness, or to capture
territory within the area to be annexed, constitutes an impermissible
exercise of state-delegated authority by a municipality and shall be
prohibited. Municipalities with a population of twelve thousand
(12,000) or less may only annex up to eight (8) square miles in one
area at any one time provided the municipality obtains the written
consent of the owners of at least sixty-five percent (65%) of the
acres to be annexed and twenty-five percent (25%) of the population
to be annexed.
B. The governing body shall provide the notice and public
hearing required in subsection A of this section in the following
manner:
1. The governing body of the municipality shall direct that
notice of the proposed annexation of the territory be published in a
legally qualified newspaper of general circulation in the territory
and shall describe the boundaries of the territory proposed to be
annexed by reference to a map, geographical locations, legal or
physical description or other reasonable designation. The notice
shall state the date, time, and place the governing body shall
conduct a public hearing on the question of annexing the territory.
The notice shall be published in a legal newspaper of general
circulation in the territory sought to be annexed within fourteen
(14) days following the date the governing body directed the notice
to be published;
2. A copy of the notice of annexation shall be mailed by first-
class mail to all owners of property to be annexed as shown by the
current year's ownership rolls in the office of the county treasurer
and to all owners of property abutting any public right-of-way that
forms the boundary of the territory proposed to be annexed and to the
Sales and Use Tax Division of the Oklahoma Tax Commission; provided
that the notice of annexation shall be mailed by certified mail to
every person who owns a parcel of land of five (5) acres or more used
for agricultural purposes; and
3. The public hearing of such annexation shall be held no
earlier than fourteen (14) days nor more than thirty (30) days
following the publication and mailing of the notice.
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C. Unless otherwise provided by law, a roadway or road right-of–
way that is adjacent or contiguous to the territory to be annexed
shall be considered a part and parcel to the territory to be annexed.
D. Before any territory is annexed to a municipality, without
the written consent of the owners of at least a majority of the acres
to be annexed to the municipality in accordance with subsection A of
this section, the governing body of the municipality shall direct
that notice of the proposed annexation of the territory be published
in a legally qualified newspaper of general circulation in the
territory and shall hold a public hearing on the proposed annexation.
Prior to the publication of notice, the municipality shall prepare a
plan to extend municipal services including, but not limited to,
water, sewer, fire protection, law enforcement and the cost of such
services appropriate to the proposed annexed territory. The plan
shall provide that the municipality complete the implementation of
the plan in accordance with any existing capital improvement plan
applicable to the portion of the municipality adjacent to the
territory proposed to be annexed. If no such capital improvement
plan has been adopted, the municipality shall complete the service
plan within one hundred twenty (120) months from the date of
annexation unless a different time is determined by consensus between
property owners and the municipality at the hearing. The time for
completion of the service plan shall be set forth in the ordinance
annexing the territory. If municipality services are not
substantially complete within the prescribed time, then the territory
shall be detached by the governing body as provided in Section 21-110
of this title. For purposes of this subsection, services may be
provided by any method or means available to the municipality to
extend municipal services to any other area of the city or town.
Such notice, hearing and plan shall be subject to the following
provisions:
1. The notice shall describe the boundaries of the territory
proposed to be annexed by reference to a map, geographical locations,
legal or physical description or other reasonable designation and
shall state that the proposed service plan is available for
inspection at a specified location. The notice shall state the date,
time, and place when the governing body shall conduct a public
hearing on the question of annexing the territory. The notice shall
be published in a legal newspaper of general circulation in the
territory sought to be annexed within fourteen (14) days following
the date the governing body directed the notice to be published. A
copy of the notice of annexation shall be mailed by first-class mail
to all owners of property to be annexed as shown by the current
year's ownership rolls in the office of the county treasurer and to
the Department of Transportation for purposes of clarifying any road
maintenance responsibilities; provided that the notice of annexation
shall be mailed by certified mail to every person who owns parcel of
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land of five (5) acres or more used for agricultural purposes and to
the board of county commissioners of the respective county where the
proposed annexation is located. If the territory to be annexed
encroaches upon any adjacent county, a copy of the notice of
annexation shall be mailed by first-class mail to the board of county
commissioners of the adjacent county and of the county where the
proposed annexation is located;
2. The public hearing of such annexation shall be held no
earlier than fourteen (14) days nor more than thirty (30) days
following the publication and mailing of the notice; and
3. The proposed service plan shall be available for inspection
and be explained to the property owners of the territory to be
annexed at the public hearing. The plan may be amended through
negotiation at the hearing. The final service plan shall be
incorporated into and made part of the ordinance annexing the
territory.
E. In any situation where the territory to be annexed by any
city or town includes land owned by a state beneficiary public trust
or that was previously owned and conveyed by a state beneficiary
public trust, annexation shall not be carried out under the
provisions of subsection D of this section, but instead shall require
the written consent of all of said trust and transferees of said
trust.
F. The prevailing property owner in an annexation dispute shall
be entitled to court costs and reasonable attorney fees, including,
but not limited to, when a municipality withdraws, revokes or
otherwise reverses the ordinance at issue in response to litigation
before issuance of a final judgment.
G. As used in this section:
1. "Airport" means any facility owned by any legal entity or by
a county, a municipality or a public trust having at least one county
or municipality as its beneficiary which is used primarily for the
purpose of providing air transportation of persons or goods or both
by aircraft powered through the use of propellers, turboprops, jets
or similar propulsion systems;
2. "Military installation" means those facilities constituting
the active or formerly active bases owned by the Department of
Defense or other applicable entity of the United States government or
by any entity of local government after transfer of title to such
installation; and
3. "Spaceport" means any area as defined pursuant to Section
5202 of Title 74 of the Oklahoma Statutes.
H. Except for ordinances enacted pursuant to Section 43-101.1 of
this title, parcels of land five (5) acres or more used for
agricultural purposes annexed into the municipal limits on or after
July 1, 2003, or parcels of land forty (40) acres or more used for
agricultural purposes prior to annexation and have continued in
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uninterrupted agriculture use annexed into the municipal limits shall
be exempt from ordinances restricting land use and building
construction to the extent such land use or construction is related
to agricultural purposes. Where there is no residence within fifty
(50) feet of the boundaries of such a parcel of land, the property
shall not be subject to ordinances regulating conduct that would not
be an offense under state law; provided, that any such property that
discharges into the municipal water, wastewater, or sewer system
shall be subject to any ordinances or regulations related to
compliance with environmental standards for that system.
I. Parcels of land situated within an area that is or may be
subject to any form of land use or other regulatory control as a
result of proximity to an airport, spaceport or military installation
shall not be exempt from municipal ordinances or other laws
regulating property for the purpose of operations necessary for the
use of an airport, spaceport or military installation and such
parcels of land shall be subject to all ordinances enacted pursuant
to Section 43-101.1 of this title.
J. If territory is annexed pursuant to this section, the
annexing governing body shall provide notice by first-class mail
together with a map and plat of the annexed territory to the Sales
and Use Tax Division of the Oklahoma Tax Commission prior to the
effective date of such annexation. The Tax Commission shall notify
the known sales tax vendors within the boundaries of the annexed
territory as provided by Section 119 of Title 68 of the Oklahoma
Statutes.
Added by Laws 1977, c. 256, § 21-103, eff. July 1, 1978. Amended by
Laws 1979, c. 44, § 5, emerg. eff. April 9, 1979; Laws 1990, c. 197,
§ 1, emerg. eff. May 10, 1990; Laws 2003, c. 236, § 1, eff. July 1,
2003; Laws 2004, c. 79, § 1, eff. Nov. 1, 2004; Laws 2004, c. 528, §
1, eff. Nov. 1, 2004; Laws 2005, c. 1, § 2, emerg. eff. March 15,
2005; Laws 2009, c. 146, § 1, eff. Nov. 1, 2009; Laws 2009, c. 224, §
2, eff. Nov. 1, 2009; Laws 2010, c. 2, § 2, emerg. eff. March 3,
2010; Laws 2011, c. 60, § 1, eff. Nov. 1, 2011; Laws 2014, c. 209, §
1, emerg. eff. April 30, 2014; Laws 2015, c. 124, § 1, eff. Nov. 1,
2015.
NOTE: Laws 2004, c. 514, § 2 repealed by Laws 2005, c. 1, § 3,
emerg. eff. March 15, 2005. Laws 2009, c. 197, § 1 repealed by Laws
2010, c. 2, § 3, emerg. eff. March 3, 2010.
§11-21-104. Repealed by Laws 2011, c. 60, § 2, eff. Nov. 1, 2011.
§11-21-105. Annexation by petition - Notice - Cost - Governing body
ordinance.
At least three-fourths of the registered voters and the owners of
at least three-fourths (in value) of the property in any territory
adjacent or contiguous to the municipality may request annexation by
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signing and filing a petition with the governing body of the
municipality. The petitioners must give notice of the presentation
of the petition by publication at least once each week for two (2)
successive weeks in a newspaper of general circulation in the
municipality where the petition has been presented. The municipality
may pay the cost of the annexation proceedings. After the notice of
the petition has been given, the governing body by ordinance may
annex the territory to the municipality.
Laws 1977, c. 256, § 21-105, eff. July 1, 1978; Laws 1980, c. 128, §
1, eff. Oct. 1, 1980.
§11-21-106. Failure to grant request in annexation petition - Filing
in district court.
If the governing body fails to grant the request contained in a
petition for annexation within thirty (30) days after the last
publication of the notice, or refuses to grant the request, the
petitioners may file their petition with the clerk of the district
court in the county in which the situs of the municipal government is
located. Notice of the filing shall be served upon a deputy
municipal clerk and upon the mayor together with a notice of the time
and place that the district court will hear the petition. The notice
must be given at least ten (10) days before the date of the hearing.
The hearing on the petition may be held at a regular or special term
of the district court or by the court in vacation.
Added by Laws 1977, c. 256, § 21-106, eff. July 1, 1978. Amended by
Laws 2007, c. 362, § 1, eff. Nov. 1, 2007.
§11-21-108. Lands platted for educational or charitable institutions
- Annexation only by petition.
When any lands adjacent to the corporate limits of any
municipality have been surveyed and platted into lots and blocks for
the purpose of being sold in whole or in part to establish, build or
maintain any religious, fraternal, or benevolent school, college,
home or other educational or charitiable institution, these lands may
not be annexed to the municipality without a petition requesting
annexation first being signed and filed by at least a majority of the
resident owners of the lands to be annexed.
Laws 1977, c. 256, § 21-108, eff. July 1, 1978.
§11-21-109. Taxation of annexed territory.
A. Tracts of land in excess of forty (40) acres which are
annexed to a municipality and used for industrial or commercial
purposes shall not be subject to ad valorem taxes at the municipal
rate. Tracts of annexed land in excess of five (5) acres which are
used by persons engaged in farming or ranching, and all farm animals
and livestock, and all agricultural implements and machinery and
household goods located on the land, shall not be subject to
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municipal taxes unless the municipality furnishes services to these
tracts as are ordinarily furnished to municipal residents. Tracts of
land with an area of width no greater than three hundred twenty-six
(326) feet at the widest point which are annexed to a municipality
shall not be subject to municipal taxes, unless such tracts are
annexed pursuant to paragraph 2 of subsection A of Section 21-103 of
this title. No land which is used for agricultural purposes may be
taken within the limits of a town and taxed at a greater rate than
land which is adjacent to but outside the town limits.
B. The revenue and taxation ordinances of any municipality and
the licensing and regulatory authority of any municipality shall not
apply or extend to any military installation located on federal
property which has been annexed in part or in whole by a municipality
on or after July 1, 1998, except to the following extent. The sales,
use and occupancy tax ordinances of a municipality shall be
applicable and extend to the part or whole of the military
installation on federal property annexed on or after July 1, 1998,
but the applicability of such ordinances shall be limited to
activities on the military installation engaged in by the private
sector involving the sale of goods and services taxable under the
Oklahoma Sales Tax Code, the storage, use or other consumption of
tangible property taxable under the Oklahoma Use Tax Code, and the
occupancy of hotel/motel rooms for rent whether received in money or
otherwise.
Added by Laws 1977, c. 256, § 21-109, eff. July 1, 1978. Amended by
Laws 1998, c. 119, § 1, eff. July 1, 1998; Laws 2007, c. 362, § 2,
eff. Nov. 1, 2007; Laws 2014, c. 320, § 1, eff. Nov. 1, 2014.
§11-21-109A. Repealed by Laws 2006, 2nd Ex. Sess., c. 44, § 20,
emerg. eff. June 28, 2006.
§11-21-110. Detachment of municipal territory - Procedure.
A. Territory may be detached from the corporate limits of a
municipality by the governing body when:
1. An ordinance of the governing body so directs; or
2. A petition requesting detachment, signed by at least three-
fourths (3/4) of the registered voters and by the owners of at least
three-fourths (3/4), in value, of the property to be detached, is
filed with the governing body.
Only land which is within the limits of the municipality and upon
its border and not laid out in lots and blocks, or land which had
been annexed to a municipality, may be detached by petition.
B. Petitioners for detachment of municipal territory shall
comply with the following procedures:
1. A true and complete unsigned copy of the petition requesting
detachment shall be filed with the clerk of the municipality before
it is circulated and signed by at least three-fourths (3/4) of the
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registered voters and by the owners of at least three-fourths (3/4),
in value, of the property to be detached, as required by subsection A
of this section;
2. Signed copies of the petition requesting detachment shall be
filed with the clerk of the municipality within ninety (90) days
after the initial filing of the unsigned copy with the clerk; and
3. Notice of the filing of the signed petition requesting
detachment with the clerk of the municipality shall be given in the
same manner provided for petitions requesting annexation.
Failure to comply with the notice requirement or the other
procedures set forth in this subsection shall render the petition for
detachment insufficient and no action thereon shall be required by
the clerk or governing body of the municipality.
C. When signed copies of the petition requesting detachment are
timely filed with the clerk of the municipality, the clerk shall
determine the sufficiency of the signatures appearing on the
petition. The clerk shall then publish, in at least one newspaper of
general circulation in the municipality, a notice of the filing and
the apparent sufficiency or insufficiency of the petition. Within
ten (10) days following the publication, the governing body of the
municipality shall hold a public hearing on the petition requesting
detachment and take such action thereon as the governing body deems
appropriate, which may include approval, denial, or deferral.
D. Appeal to the district court concerning any action by the
clerk or governing body of the municipality on a petition requesting
detachment shall be in the same manner provided for petitions
requesting annexation.
Added by Laws 1977, c. 256, § 21-110, eff. July 1, 1978. Amended by
Laws 1999, c. 343, § 1, eff. Nov. 1, 1999.
§11-21-111. Liability of detached territory.
Any lands detached from a municipality and the owners thereof
shall be liable to the municipality only for the cost of public
improvements which may have been constructed on the detached lands at
the expense of the municipality. The municipality shall have no
claim upon nor collect any tax from the detached territory for any
public debt or the cost of any public improvements which have not
been expended directly upon the detached lands.
Laws 1977, c. 256, § 21-111, eff. July 1, 1978.
§11-21-112. Record regarding territory annexed or detached.
When any territory is annexed to or detached from a municipality,
whether by ordinance or court order, the mayor shall file and record
a duly certified copy of the ordinance or court order, together with
an accurate map or plat of the territory, in the office of the county
clerk of the county in which the territory, or the greater portion of
it, is located and with the Ad Valorem Division of the Oklahoma Tax
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Commission. The record in the office of the county clerk shall be
conclusive evidence of such annexation or detachment.
Added by Laws 1977, c. 256, § 21-112, eff. July 1, 1978. Amended by
Laws 2000, c. 314, § 1, eff. July 1, 2000.
§11-21-113. Annexation of unoccupied property for road and bridge
construction.
Upon proper notification, a municipality may annex any unoccupied
property of an owner who is not a resident of this state which is
adjacent or contiguous to property already within the municipal
limits for the sole purpose of constructing roads and/or bridges
which are provided for in the comprehensive plan of the municipality,
if such owner does not object to the annexation within thirty (30)
days of the publication and mailing of such notice. For purposes of
this subsection, notice shall be given by posting a copy of the
notice on the subject property, by publication in a legally qualified
newspaper of general circulation in the area in which the property to
be annexed is located and by certified mail to the owner of such
property as shown by the current year's tax rolls in the county
treasurer's office.
Added by Laws 1990, c. 215, § 4, emerg. eff. May 18, 1990.
§11-21-114. Petition to annex unincorporated territory enclosed by
boundaries of other municipality - District court action.
A. The majority of the owners of a subdivision or property
owners located in unincorporated territory which is enclosed by the
boundaries of a municipality may petition for annexation in writing
to another municipality if:
1. The width of the boundary is less than twenty (20) feet; and
2. The property is contiguous to the other municipality except
for the boundary.
B. The governing body of the other municipality may grant the
petition after notifying the enclosing municipality in writing at
least thirty (30) days prior to adoption of the annexation ordinance.
The boundary of the enclosing municipality shall recede to the extent
of the annexation. The enclosing municipality at any time may
reestablish its boundary within unincorporated territory enclosed by
it on or after July 1, 2001. The enclosing municipality may bring an
action in district court to invalidate the annexation. If the
district court finds that the conditions for annexation exist and
that the enclosing municipality has not demonstrated a substantial
governmental interest in the use of the property, it shall uphold the
annexation.
Added by Laws 1991, c. 57, § 1, eff. Sept. 1, 1991. Amended by Laws
2001, c. 150, § 1, eff. July 1, 2001.
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§11-21-115. Inclusion of territory in public records or notices –
Presumption of validity.
In the event any territory has been included within public
records or public notices describing the corporate boundaries of a
municipality for purposes of an election or ad valorem tax assessment
of the municipality for five (5) consecutive years, there shall be a
rebuttable presumption that the territory is situated within the
municipality. The public records and public notices shall be
evidence of the jurisdiction of the municipality over the territory
in all suits by or against the municipality.
Added by Laws 1999, c. 220, § 2, eff. Nov. 1, 1999.
§11-21-121. Furnishing retail electric service to certain electric
consuming facilities prohibited.
Except as provided in this section, municipal corporations or
public trusts thereof, the Grand River Dam Authority, rural electric
cooperatives or investor-owned electric utilities shall not furnish
retail electric service to an electric consuming facility which is
currently being served, or which was being served and the electric
facilities are in place to render such a service, by a municipal
corporation or public trust thereof, the Grand River Dam Authority, a
rural electric cooperative or an investor-owned electric utility
unless the entities involved have agreed by mutual consent, in
writing, to such transaction. For purposes of this section, the term
"electric consuming facility" means everything that utilizes electric
energy from a central station source.
Added by Laws 1989, c. 26, § 1, emerg. eff. March 30, 1989. Amended
by Laws 1992, c. 245, § 1, emerg. eff. May 21, 1992; Laws 1998, c.
391, § 1, emerg. eff. June 10, 1998.
§11-21-201. Municipalities subject to inundation - Acquiring new
townsite.
When fifty percent (50%) or more of the area of a municipality
shall be liable to inundation by the construction of a lake,
reservoir or other body of water, and the municipal governing body
determines that it is impracticable to annex adjacent or contiguous
terrritory which is necessary for the municipality, the governing
body may acquire a new site for the municipality.
Laws 1977, c. 256, § 21-201, eff. July 1, 1978.
§11-21-202. Approval of plat - Special election.
The owners of a tract of land located not more than ten (10)
miles from the nearest limits of the municipality, or located at any
greater distance which is reasonable under the circumstances in order
to secure the most desirable site, may present to the governing body
a plat of the tract of land prepared in the same manner as a plat for
a proposed municipal incorporation. The governing body shall examine
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the plat and may require amendments and changes as it deems
expedient. If the governing body finds that the area contained in
the plat is a suitable and desirable site for the municipality, it
shall call for a special election on the question of whether the
territory comprised within the plat shall be annexed to the
municipality and serve as the new site for the municipality.
Laws 1977, c. 256, § 21-202, eff. July 1, 1978.
§11-21-203. Approval of annexation - Recording of resolution and
plat.
If a majority of the votes cast in the election are in favor of
annexation of the territory and relocation of the municipality, the
governing body shall so declare by resolution, and a copy of the
resolution and the plat shall be filed for record in the office of
the county clerk and the office of the Secretary of State. If part
or all of the territory comprised within the new site is located in a
county other than that in which the municipality is located, the
resolution and plat shall be recorded in each county. Upon the date
of the filing of the resolution and the plat, the territory shall be
annexed to and be the site of the municipality.
Laws 1977, c. 256, § 21-203, eff. July 1, 1978.
§11-21-204. New boundaries of the municipality.
All portions of land within the original boundaries of the
municipality shall continue to be within its limits and subject to
its governmental authority. The governing body may, in the interest
of the public or the owners of such land, detach any territory
embraced within its original limits in the manner provided by law for
the detachment of municipal territory.
Laws 1977, c. 256, § 21-204, eff. July 1, 1978.
§11-21-205. Additional powers of governing body in relocating
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
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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.
Laws 1977, c. 256, § 21-205, eff. July 1, 1978.
§11-21-222. Condemnation proceedings relating to rural electric
cooperatives or electric public utilities - Moratorium -
Implementation of retail consumer choice contingency.
There is hereby declared a moratorium on all municipal
condemnation proceedings instituted pursuant to Section 437.2 of
Title 18 of the Oklahoma Statutes, initiated prior to the enactment
of electric restructuring enabling legislation and the implementation
of consumer choice of retail electric energy suppliers. The
moratorium shall also apply to all municipalities or public trusts
thereof which attempt to condemn the facilities of electric public
utilities or rural electric cooperatives for the purpose of utilizing
such facilities for the delivery of electric power and energy. The
moratorium shall remain in effect until the enactment of electric
restructuring enabling legislation and implementation of consumer
choice of retail electric energy suppliers. Upon such enactment of
electric restructuring enabling legislation and implementation of
consumer choice of retail electric energy suppliers, the municipal
condemnation provisions authorizing municipalities with electric
utilities to condemn the facilities of rural electric cooperatives
contained in Section 437.2 of Title 18 of the Oklahoma Statutes is
hereby repealed. The moratorium provided for herein shall have
prospective and retroactive application.
Added by Laws 1998, c. 391, § 2, emerg. eff. June 10, 1998. Amended
by Laws 2001, c. 397, § 1, emerg. eff. June 4, 2001.
§11-22-101. Corporate powers of municipalities.
All incorporated municipalities shall be bodies corporate and
politic, and shall have the powers to:
1. Sue and be sued;
2. Purchase and hold real and personal property for the use of
the municipality;
3. Sell and convey any real or personal property owned by the
municipality and make orders respecting the same as may be conducive
to the best interests of the municipality;
4. Make all contracts and do all other acts in relation to the
property and affairs of the municipality, necessary to the good
government of the municipality, and to the exercise of its corporate
and administrative powers; and
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5. Exercise such other powers as are or may be conferred by law.
Laws 1977, c. 256, § 22-101, eff. July 1, 1978.
§11-22-101.1. Political activities by municipal employees -
Restrictions.
Municipal employees may attend and express their views at city
council meetings, or any other public meetings of municipal entities.
Any municipal employee may actively participate in partisan and
nonpartisan political activities. Provided, the political activity
in which the employee participates shall be exercised only during
off-duty hours and while not in uniform. Any federal statutes
restricting the political activities of certain municipal employees
shall supersede the provisions of thissection as to such employees.
Municipal corporations may establish employment requirements
requiring municipal employees to refrain from filing as a candidate
for public office while employed by said municipality.
Amended by Laws 1983, c. 276, § 1, emerg. eff. June 24, 1983.
§11-22-101.2. Employer coercion prohibited.
It shall be unlawful for the governing body or officer of any
municipal corporation in this state to directly or indirectly coerce
or attempt to coerce any municipal employee to participate or refrain
from participation in municipal political activities or public
meetings.
Laws 1981, c. 311, § 2.
§11-22-101.3. Violations.
Any person convicted of violating any of the provisions of this
act shall be guilty of a misdemeanor.
Laws 1981, c. 311, § 3.
§11-22-102. Proof of legal organization or ordinances - Recovery of
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.
Amended by Laws 1984, c. 126, § 38, eff. Nov. 1, 1984.
§11-22-103. Service of notice or process on municipality.
Any notice or process affecting a municipality shall be served
upon the municipal clerk, or in his or her absence then upon a deputy
municipal clerk and upon the mayor.
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Added by Laws 1977, c. 256, § 22-103, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 39, eff. Nov. 1, 1984; Laws 2007, c. 362, § 3,
eff. Nov. 1, 2007.
§11-22-104. Right to engage in business - Public utilities and
improvements - Eminent domain - Issuance of bonds - Lease of public
utility.
Every municipality shall have the right to:
1. Engage in any business or enterprise which may be engaged in
by a person, firm, or corporation by virtue of a franchise from the
municipality and to do all things necessary and proper in the
discretion of the governing body of the municipality pursuant to the
authority granted to it by the Constitution and laws of this state to
maintain said business or enterprise for the benefit of the
municipality;
2. Acquire, own, and maintain, within or without its corporate
limits, real estate for sites and rights-of-way for any municipal
purpose including but not limited to public utility and public park
purposes, and for the location thereon of waterworks, electric light
and gas plants and other facilities for generating or distributing
energy, ports, airports, hospitals, quarantine stations, garbage
reduction plants, pipelines for the transmission and transportation
of gas, water, stormwater, and sewerage, and for any plant for the
manufacture of any material for public improvement purposes and
public buildings;
3. Exercise the right of eminent domain for any municipal
purpose, within or without its corporate limits, and to establish,
lay, and operate any plant or pipeline upon any land or right-of-way
taken pursuant to eminent domain. Any business or profession which
is affected by the right of eminent domain as exercised pursuant to
the provisions of this section shall be considered as a property
right of the owner thereof and proper allowance therefor shall be
made;
4. Exercise the right to manufacture any material for public
improvement purposes, and to barter or exchange the same for other
material to be used in public improvements in the municipality, or to
sell the same;
5. Issue and sell bonds subject to and by virtue of the
provisions of the Constitution of this state and in the manner and
form provided by law in order to raise the monies to establish and
maintain public utilities, parks, and improvements;
6. Sell or lease to any consumer or corporation, within or
without its boundaries, the commodities and services supplied by such
municipally owned or controlled public utility, business enterprise,
or improvement and to enter into such short- or long-term contracts,
agreements, and stipulations and do all things necessary and proper
to further the capability of the municipality pursuant to the
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authority granted to it by the Oklahoma Statutes and the Constitution
of this state to provide said commodities and services as may be
deemed appropriate by the governing body of the municipality;
7. Lease at a stipulated rental rate any public improvement or
utility from any person, firm, or corporation which will contract to
furnish the same. Any such rental contract shall reserve for the
municipality the option to purchase the improvement or utility in the
future; and
8. Exercise powers necessary to carry out the purpose of the
Local Development Act as set forth in Section 854 of Title 62 of the
Oklahoma Statutes.
Added by Laws 1977, c. 256, § 22-104, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 40, eff. Nov. 1, 1984; Laws 1987, c. 23, § 1,
eff. Nov. 1, 1987; Laws 1998, c. 63, § 1, eff. Nov. 1, 1998.
§11-22-105. Condemnation of private property.
Private property may be taken for public use, or for the purpose
of giving a right-of-way or other privilege for any necessary
purpose, in the manner provided by law; but in every case the
municipality shall make adequate compensation to the person or
persons whose property shall be taken or injured thereby as provided
by law.
Added by Laws 1977, c. 256, § 22-105, eff. July 1, 1978.
§11-22-105.1. Displacing private company providing solid waste
collection service - Notice and hearing - Acquisition by purchase,
donation, or condemnation - Judicial review of report of
commissioners.
A. Pursuant to Section 2-10-102 of Title 27A of the Oklahoma
Statutes, it is the policy of this state to regulate the management
of solid waste in order to protect the public health, safety and
welfare. For this purpose and for purposes of this section, the
management of solid waste shall be a matter of statewide interest.
B. No municipality shall displace or pass an ordinance to
displace a private company providing solid waste service without
first:
1. Holding at least one public hearing seeking comment on the
advisability of the municipality providing such service;
2. Providing at least forty-five (45) days written notice of the
hearing, delivered by first-class mail to all private solid waste
companies which provide service in the municipality; and
3. Providing public notice of the hearing.
Following the final public hearing held pursuant to this section, but
in no event longer than one (1) year after the date of the hearing,
if the municipality elects to provide such solid waste services and
displace the private solid waste services company, the municipality
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shall purchase by condemnation the private solid waste services as
set forth in this section.
C. A municipality shall have the authority to acquire by
purchase, donation, or condemnation such interests in any private
company providing solid waste services operating within the limits of
the municipality. The municipality shall give the owner of the
displaced private solid waste company the opportunity to sell the
displaced private solid waste services to the municipality at an
agreed upon or negotiated price or the municipality may acquire the
business by condemnation as provided in this section.
D. If the municipality seeks to condemn the displaced private
solid waste services, the district judge of the county in which the
displaced services are located, upon petition of either party, shall
direct the sheriff of the county to summon three disinterested
freeholders, to be selected by the judge as commissioners, and who
shall not have a conflict of interest. The commissioners shall be
sworn to perform their duties impartially and justly. The
commissioners shall inspect the company and the displaced services
and consider the injury which the owner may sustain by reason of the
condemnation, and they shall assess the just compensation to which
the owner is entitled. The commissioners shall make a report in
writing to the clerk of the court, setting forth the quantity,
boundaries, and just compensation for the property or services taken,
and amount of injury done to the business, either directly or
indirectly, which they assess to the owner. The report shall be
filed and recorded by the clerk.
E. Immediately upon payment to the clerk of the court of the sum
assessed by the commissioners, the municipality shall be authorized
to provide solid waste services in the area serviced by the owner of
the business. If the owner refuses to cease providing the solid
waste services pursuant to this section, the court shall issue an
order, upon proof, enjoining the owner from providing the solid waste
services in the areas subject to such condemnation.
F. The report of the commissioners may be reviewed by the
district court, on written exceptions filed by either party in the
clerk's office within thirty (30) days after the filing of the
report. The court, after a hearing, shall make such order as right
and justice may require, either by confirmation, rejection, or by
ordering a new appraisement on good cause shown. In the event a new
appraisement is ordered, the municipality shall have the continuing
right of possession obtained under the first appraisal, unless and
until its right to condemn has finally been determined otherwise.
Either party may, within sixty (60) days after the filing of such
report, file with the clerk a written demand for a trial by jury, in
which case the amount of damages shall be assessed by a jury, and the
trial shall be conducted and judgment entered in the same manner as
civil actions in the district court. If the party demanding the
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trial does not recover a verdict more favorable to such party than
the assessment of the commissioners, all costs in the district court
shall be taxed against such party. If, after the filing of
exceptions to the report of commissioners as provided in this
section, the municipality shall fail to establish its right to
condemn such business, the owner shall be restored to possession of
the business, or part thereof, and the municipality shall pay the
owner for any damages sustained through the occupation by the
municipality. If such damages cannot be determined by amicable
settlement, the damages shall be determined by jury trial in the same
proceedings.
G. Either party aggrieved may appeal to the Supreme Court from
the decision of the district court on exceptions to the report of
commissioners, or jury trial. The review or appeal shall not delay
the work of the municipality in question if the award of
commissioners, or jury, as the case may be, has been deposited with
the clerk for such owner. In no case shall the municipality be
liable for the costs on the review or appeal unless the owner of the
business shall be adjudged entitled, upon either review or appeal, to
a greater amount of damages than was awarded by the commissioners.
The municipality shall in all cases pay the cost of the
commissioners' fees and expenses, for their services, as determined
and ordered paid by the judge of the district court in which such
case is pending. However, poundage fees and condemnation fees shall
only be paid by the municipality in the event of appeal resulting in
a jury verdict in excess of the commissioners' award. Under no
circumstances shall any poundage fees or condemnation fees be
assessed against the recipient of the award. In case of review or
appeal, a certified copy of the final order or judgment shall be
transmitted by the clerk of the court to the county clerk and be
filed.
H. As used in this section:
1. "Displace" or "displacement" means a municipality's provision
of a service which prohibits a private company from providing the
same service and which the company is providing at the time the
decision to displace is made. Displace or displacement does not
mean:
a. competition between the municipality and private
companies for individual contracts,
b. situations where a municipality, at the end of a
contract with a private company, does not renew the
contract and either awards the contract to another
private company, or, decides to provide for such
services itself,
c. situations where action is taken against the private
company because the company has acted in a manner
threatening to the public health, safety and welfare of
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the citizens of the municipality or resulting in a
substantial public nuisance,
d. situations where action is taken against the private
company because the company has materially breached its
contract with the municipality, or
e. entering into a contract with a private company to
provide solid waste collection so long as the contract
is not entered into pursuant to an ordinance which
displaces or authorizes the displacement of another
private company providing solid waste collection;
2. "Just compensation" means the value of the business taken,
and in addition, any injury to any part of the business not taken.
Any special and direct benefits to the part of the business not taken
may be offset only against any injury to the business not taken. If
only a part of the business is taken, just compensation shall be
ascertained by determining the difference between the fair market
value of the whole business immediately before the taking and the
fair market value of that portion left remaining immediately after
the taking; and
3. "Solid waste" means all putrescible and nonputrescible refuse
in solid, semisolid, or liquid form including, but not limited to,
garbage, rubbish, ashes or incinerator residue, street refuse, dead
animals, demolition wastes, construction wastes, roofing material,
solid or semisolid commercial and industrial wastes including
explosives, biomedical wastes, chemical wastes, herbicide and
pesticide wastes, organics, scrap materials, and materials that are
destined for recycling, reuse, conversion, or processing, whether
source separated or not.
Added by Laws 1998, c. 18, § 1, eff. Nov. 1, 1998. Amended by Laws
2013, c. 65, § 1, eff. Nov. 1, 2013.
§11-22-106. License tax on occupations - Authority to levy and
collect - Penalties.
A. A municipal governing body may levy and collect a license tax
on auctioneers, contractors, druggists, hawkers, peddlers, bankers,
brokers, pawnbrokers, merchants of all kinds, grocers, confectioners,
restaurants, butchers, taverns, public boarding houses, billiard
tables, bowling alleys, and other amusement devices, drays, hacks,
carriages, omnibuses, carts, wagons and other vehicles used in the
municipality for pay, hay scales, lumber dealers, furniture dealers,
saddle or harness dealers, stationers, jewelers, livery stable
keepers, real estate agents, express companies or agencies, telegraph
companies or agencies, shows, theatres, all kinds of exhibitions for
pay, also photographers, photographers' agents, agents of all kinds
and solicitors. The taxes so levied and collected shall be applied
for the use and benefit of the municipality as the governing body may
direct.
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B. All scientific and literary lectures and entertainments shall
be exempt from license taxation, and also all concerts and musical or
other entertainments given exclusively by the citizens of the
municipality.
C. The governing body may establish penalties for any failure to
observe the license provisions or to pay the tax provided for by
ordinance.
D. A municipal body which levies and collects a license tax on
licensed plumbing, electrical and mechanical contractors pursuant to
subsection A of this section, may only assess the tax on the licensed
contractor and shall not levy or collect such tax on a licensed
journeyman or apprentice. The amount of tax assessed shall be
determined by the municipalities based on the number of licensed
journeymen or apprentices under the supervision of the licensed
contractor.
Added by Laws 1977, c. 256, § 22-106, eff. July 1, 1978. Amended by
Laws 2003, c. 318, § 1, eff. Nov. 1, 2003.
§11-22-107. Licenses and fees regulated by ordinance - Expiration -
Issuance - Seal - Exchange of information for collecting of state and
local taxes.
Municipal licenses and license fees shall be regulated by
ordinance. A municipality may establish such license requirements as
it deems appropriate in the exercise of its police power and may
provide that each applicant supply his state sales tax identification
number or proof of exemption pursuant to the provisions of Title 68
of the Oklahoma Statutes. Any license issued by the governing body
shall expire no later than one (1) year after the date of its
issuance or on June 30 of each year. No license may be issued until
the amount prescribed therefor is paid to the municipal treasurer.
No license in any case may be assigned or transferred. Licenses
shall be signed as provided for by ordinance. The clerk shall affix
the corporate seal of the municipality to the license. A
municipality and the Oklahoma Tax Commission may exchange information
to further the collection or enforcement of state and local taxes.
The municipality and the officers and employees of the municipality
shall preserve the confidentiality of such information in the same
manner and be subject to the same penalties as provided for by
Section 205 of Title 68 of the Oklahoma Statutes, provided that the
municipal prosecutor and other municipal enforcement personnel may
receive all information necessary to enforce municipal sales tax
ordinances or licensing ordinances.
Laws 1977, c. 256, § 22-107, eff. July 1, 1978; Amended by Laws 1984,
c. 126, § 41, eff. Nov. 1, 1984.
§11-22-107.1. Regulation of video services systems.
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A. A municipality may by ordinance or otherwise grant a
certificate, license, permit or franchise for the operation of a
video services system, unless such authority is already provided for
by law. Any certificate, license, permit or franchise granted
pursuant to this section shall constitute a bargained contract
between the municipality and the video services provider and shall
provide for a consideration payment to the municipality as rental for
the privileges granted to the provider to use the public ways and
grounds within the municipality in furtherance of its video services
business. The rental payment shall be set at the amount bargained
between the municipality and the video services provider but shall
not exceed five percent (5%) of the annual gross revenues derived by
the video services provider from the provision of video services
within the municipality. Any certificate, license, permit or
franchise issued by the governing body shall be nonexclusive and
shall not exceed a period of twenty-five (25) years and may be
revocable by the governing body if said body determines that the
holder of the certificate, license, permit or franchise has willfully
failed or neglected to perform duties pursuant to the terms of the
grant of the certificate, license, permit or franchise. Nothing
herein shall limit the authority of a municipality to comply with
state or federal law.
B. In the event a municipality grants an overlapping
certificate, license, permit or franchise for video services within
its jurisdiction on terms or conditions more favorable or less
burdensome than those in any existing certificate, license, permit or
franchise within the municipality the holder of the existing
certificate, license, permit or franchise shall be entitled, upon
written notice to the municipality, to adopt the terms in the
overlapping certificate, license, permit or franchise that are more
favorable or less burdensome than those in the existing certificate,
license, permit or franchise and the adopted terms shall become
enforceable by the municipality.
C. In addition to any other authority granted to municipalities
by this section or other applicable law, a municipality may also
adopt an ordinance regulating a video services system pursuant to its
police power. No municipal provisions regulating a video services
system may be adopted which are inconsistent with either state or
federal law or with the terms and conditions of the certificate,
license, permit or franchise bargained by the municipality and the
video services provider.
D. In awarding or renewing a certificate, license, permit or
franchise for video services, a municipality may require adequate
assurance that the video services system provider will provide
adequate public, educational, and governmental access channel
capacity, facilities or financial support. A video services system
provider may, at its sole option, provide a "family friendly" tier of
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video services in lieu of channel capacity, facilities, or financial
support for public access as a condition of any certificate, license,
permit or franchise for video services or renewal thereof. Nothing
herein shall affect any channel capacity, facilities, or financial
support for educational or governmental access contained in any
certificate, license, permit or franchise for video services or
renewal thereof.
E. A "family friendly" tier of services is a group of channels,
offered to customers pursuant to Federal Communications Commission
(FCC) regulations, that primarily contains programming with a
television viewing rating of TV-Y, TV-Y7 or TV-G.
F. "Video services" means video programming, including cable
services, provided through wireline facilities located at least in
part in the public rights-of-way without regard to the delivery
technology, including Internet protocol technology. "Video services"
shall not include video programming provided by a commercial mobile
service provider as defined in 47 U.S.C., Section 332(d) or provided
solely as part of and via a service that enables users to access
content, information, electronic mail, messaging and other services
offered over the public Internet.
Added by Laws 1985, c. 65, § 1, eff. Nov. 1, 1985. Amended by Laws
1988, c. 147, § 1, eff. Oct. 11, 1988; Laws 2006, c. 168, § 1, eff.
Nov. 1, 2006; Laws 2016, c. 47, § 1, emerg. eff. April 12, 2016.
§11-22-107.2. Sellers of video services.
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.
Added by Laws 1998, c. 352, § 1, eff. July 1, 1998. Amended by Laws
2016, c. 47, § 2, emerg. eff. April 12, 2016.
§11-22-108. Power to suppress gaming and gambling.
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The municipal governing body may enact ordinances to restrain,
prohibit, and suppress games and gambling houses, bowling alleys,
pool and billiard tables, and other gambling tables. The powers
granted to municipalities in this section shall not be construed to
repeal any gambling law now on the statute books, but shall be
cumulative only.
Laws 1977, c. 256, § 22-108, eff. July 1, 1978.
§11-22-109. Disorderly houses and public indecencies.
The municipal governing body may enact ordinances to restrain,
prohibit, and suppress houses of prostitution and other disorderly
houses and practices, and all kinds of public indecencies. No
municipal officer shall accept or receive any hush money, or any
money or valuable things, from any person or persons engaged in any
such business or practice, or grant any immunity or protection
against a rigid enforcement of the laws and ordinances enacted to
restrain, prohibit and suppress any such business or practice.
Laws 1977, c. 256, § 22-109, eff. July 1, 1978.
§11-22-109.1. Location of adult novelty shops.
A. As used in this act:
1. "Adult novelty shop" means a commercial establishment that
displays, sells, or offers for sale instruments, devices, or
paraphernalia designed or marketed primarily for use to stimulate
human genital organs or for use in connection with sadomasochistic
practices; and
2. "Sadomasochistic practices" means flagellation or torture by
or upon a person clothed or naked, or the condition of being
fettered, bound, or otherwise physically restrained on the part of
one so clothed or naked.
B. The location of an adult novelty shop shall be subject to the
nondiscriminatory zoning ordinances of the town or city in which
located, and the location of such entities is specifically prohibited
within one thousand (1,000) feet of:
1. Any building primarily and regularly used for worship
services and religious activities;
2. Any public or private school;
3. Any public park or playground;
4. Any public library; or
5. Any land zoned or used for residential purposes.
Provided, that if any such building used for worship and
religious activities, any public or private school, any public park
or playground, any public library or any land zoned or used for
residential purposes shall be established within one thousand (1,000)
feet of any such premises after the premises have been established,
this shall not be a bar to the continuation of the business so long
as it has been in continuous force and effect. The distance
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indicated in this subsection shall be measured from the nearest
property line of such church or school to the nearest public entrance
door of the premises of the adult novelty shop along the street
right-of-way line providing the nearest direct route usually traveled
by pedestrians between such points. For purposes of determining
measured distance, property situated on the opposite side of the
street from such church or school shall be considered as if it were
located on the same side of the street with such church or school.
Added by Laws 1997, c. 225, § 1, eff. Nov. 1, 1997.
§11-22-110. Riots, assaults and disturbances, etc. - Firearms and
fireworks.
A. The municipal governing body may regulate or prohibit riots,
assaults, batteries, petty larceny, disturbances or disorderly
assemblies, and immoral or indecent shows, exhibitions or concerts,
in any street, house or place in the municipality; and may regulate,
punish, and prevent the discharge of firearms, rockets, powder,
fireworks, or other dangerously combustible material in the streets,
lots, grounds, alleys or about, or in the vicinity of any buildings.
The governing body may also regulate the carrying of firearms or
other deadly weapons, concealed or otherwise, as provided for in
Section 1289.24 of Title 21 of the Oklahoma Statutes.
B. No municipality shall regulate by order, resolution,
ordinance, regulation, or other legislation prohibiting the transport
of fireworks, in their unopened original packaging in a motor vehicle
within the municipal limits. No municipality shall adopt or continue
in effect resolutions, ordinances, or regulations prohibiting the
transport of fireworks in their unopened original packaging by a
motor vehicle. Local orders, resolutions, ordinances, regulations,
or legislation in violation of this section are void and
unenforceable.
Added by Laws 1977, c. 256, § 22-110, eff. July 1, 1978. Amended by
Laws 1985, c. 28, § 1, eff. Nov. 1, 1985; Laws 2006, c. 306, § 1,
eff. July 1, 2006.
§11-22-110.1. Registration of real property prohibited.
A. For purposes of promoting commerce and the equitable
treatment of the citizens of this state, the registration of any real
property by any municipality is declared to be a statewide concern
and shall be prohibited pursuant to subsection B of this section.
B. No municipality shall enact or attempt to enforce through
fees, civil fines or criminal penalties any ordinance, rule or
regulation to require the registration of real property. Any
ordinance, rule or regulation contrary to the provisions of this
section, whether enacted prior to or after the effective date of this
act, is declared null and void and unenforceable against every owner,
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purchaser, assignee, lessee, mortgagee or beneficiary of any interest
in the real property.
C. Nothing in this section shall prohibit a municipality from
creating a list of the property owners or the designees of property
owners of residential, commercial or leased real property to ensure
the public safety and welfare of its citizens.
D. Nothing in this section shall prohibit a municipality from
enacting and enforcing rules and regulations to require real property
owners to comply with established occupancy standards as set forth by
ordinance and state law.
E. Nothing in this section shall prohibit a municipality from
requiring the owner of property that is the subject of any abatement
process provided in this title to provide the name, physical address
and telephone number of an individual to receive and respond to
communications concerning the property subject to the abatement
process. No future action taken by the municipality shall be
rendered ineffective due to the failure of the property owner to
provide the information pursuant to this subsection. The
municipality shall not assess any additional charge when requiring
the information.
Added by Laws 2014, c. 326, § 2. Amended by Laws 2017, c. 52, § 1,
eff. Nov. 1, 2017.
§11-22-111. Cleaning and mowing of property - Summary abatement -
Ordinances – Definitions - Application.
A. A municipal governing body may cause property within the
municipal limits to be cleaned of trash and weeds or grass to be cut
or mowed in accordance with the following procedure:
1. At least ten (10) days' notice shall be given to the owner of
the property by mail at the address shown by the current year's tax
rolls in the county treasurer's office before the governing body
holds a hearing or takes action. The notice shall order the property
owner to clean the property of trash, or to cut or mow the weeds or
grass on the property, as appropriate, and the notice shall further
state that unless such work is performed within ten (10) days of the
date of the notice the work shall be done by the municipality and a
notice of lien shall be filed with the county clerk against the
property for the costs due and owing the municipality. At the time
of mailing of notice to the property owner, the municipality shall
obtain a receipt of mailing from the postal service, which receipt
shall indicate the date of mailing and the name and address of the
mailee. However, if the property owner cannot be located within ten
(10) days from the date of mailing by the municipal governing body,
notice may be given by posting a copy of the notice on the property
or by publication, as defined in Section 1-102 of this title, one
time not less than ten (10) days prior to any hearing or action by
the municipality. If a municipal governing body anticipates summary
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abatement of a nuisance in accordance with the provisions of
subsection B of this section, the notice, whether by mail, posting or
publication, shall state: that any accumulations of trash or
excessive weed or grass growth on the owner's property occurring
within six (6) months from and after the date of this notice may be
summarily abated by the municipal governing body; that the costs of
such abatement shall be assessed against the owner; and that a lien
may be imposed on the property to secure such payment, all without
further prior notice to the property owner;
2. The owner of the property may give written consent to the
municipality authorizing the removal of the trash or the mowing of
the weeds or grass. By giving written consent, the owner waives the
owner's right to a hearing by the municipality;
3. A hearing may be held by the municipal governing body to
determine whether the accumulation of trash or the growth of weeds or
grass has caused the property to become detrimental to the health,
benefit, and welfare of the public and the community or a hazard to
traffic, or creates a fire hazard to the danger of property;
4. Upon a finding that the condition of the property constitutes
a detriment or hazard, and that the property would be benefited by
the removal of such conditions, the agents of the municipality are
granted the right of entry on the property for the removal of trash,
mowing of weeds or grass, and performance of the necessary duties as
a governmental function of the municipality. Immediately following
the cleaning or mowing of the property, the municipal clerk shall
file a notice of lien with the county clerk describing the property
and the work performed by the municipality, and stating that the
municipality claims a lien on the property for the cleaning or mowing
costs;
5. The governing body shall determine the actual cost of such
cleaning and mowing and any other expenses as may be necessary in
connection therewith, including the cost of notice and mailing. The
municipal clerk shall forward by mail to the property owner specified
in paragraph 1 of this subsection a statement of such actual cost and
demanding payment. If the cleaning and mowing are done by the
municipality, the cost to the property owner for the cleaning and
mowing shall not exceed the actual cost of the labor, maintenance,
and equipment required. If the cleaning and mowing are done on a
private contract basis, the contract shall be awarded to the lowest
and best bidder;
6. If payment is not made within thirty (30) days from the date
of the mailing of the statement, then within the next thirty (30)
days, the municipal clerk shall forward a certified statement of the
amount of the cost to the county treasurer of the county in which the
property is located and the same shall be levied on the property and
collected by the county treasurer as other taxes authorized by law.
Once certified by the county treasurer, payment may only be made to
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the county treasurer except as otherwise provided for in this
section. In addition the cost and the interest thereon shall be a
lien against the property from the date the cost is certified to the
county treasurer, coequal with the lien of ad valorem taxes and all
other taxes and special assessments and prior and superior to all
other titles and liens against the property, and the lien shall
continue until the cost shall be fully paid. At the time of
collection the county treasurer shall collect a fee of Five Dollars
($5.00) for each parcel of property. The fee shall be deposited to
the credit of the general fund of the county. If the county
treasurer and the municipality agree that the county treasurer is
unable to collect the assessment, the municipality may pursue a civil
remedy for collection of the amount owing and interest thereon by an
action in person against the property owner and an action in rem to
foreclose its lien against the property. A mineral interest, if
severed from the surface interest and not owned by the surface owner,
shall not be subject to any tax or judgment lien created pursuant to
this section. Upon receiving payment, if any, the municipal clerk
shall forward to the county treasurer a notice of such payment and
directing discharge of the lien; and
7. The municipality may designate by ordinance an administrative
officer or administrative body to carry out the duties of the
governing body in subsection A of this section. The property owner
shall have a right of appeal to the municipal governing body from any
order of the administrative officer or administrative body. Such
appeal shall be taken by filing written notice of appeal with the
municipal clerk within ten (10) days after the administrative order
is rendered.
B. If a notice is given by a municipal governing body to a
property owner ordering the property within the municipal limits to
be cleaned of trash and weeds or grass to be cut or mowed in
accordance with the procedures provided for in subsection A of this
section, any subsequent accumulations of trash or excessive weed or
grass growth on the property occurring within a six-month period may
be declared to be a nuisance and may be summarily abated without
further prior notice to the property owner. At the time of each such
summary abatement the municipality shall notify the property owner of
the abatement and the costs thereof. The notice shall state that the
property owner may request a hearing within ten (10) days after the
date of mailing the notice. The notice and hearing shall be as
provided for in subsection A of this section. Unless otherwise
determined at the hearing the cost of such abatement shall be
determined and collected as provided for in paragraphs 5 and 6 of
subsection A of this section. This subsection shall not apply if the
records of the county clerk show that the property was transferred
after notice was given pursuant to subsection A of this section.
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C. The municipal governing body may enact ordinances to prohibit
owners of property or persons otherwise in possession or control
located within the municipal limits from allowing trash to
accumulate, or weeds to grow or stand upon the premises and may
impose penalties for violation of said ordinances.
D. As used in this section:
1. "Weed" includes but is not limited to poison ivy, poison oak,
or poison sumac and all vegetation at any state of maturity which:
a. exceeds twelve (12) inches in height, except healthy
trees, shrubs, or produce for human consumption grown
in a tended and cultivated garden unless such trees and
shrubbery by their density or location constitute a
detriment to the health, benefit and welfare of the
public and community or a hazard to traffic or create a
fire hazard to the property or otherwise interfere with
the mowing of said weeds,
b. regardless of height, harbors, conceals, or invites
deposits or accumulation of refuse or trash,
c. harbors rodents or vermin,
d. gives off unpleasant or noxious odors,
e. constitutes a fire or traffic hazard, or
f. is dead or diseased.
The term "weed" shall not include tended crops on land zoned for
agricultural use which are planted more than one hundred fifty (150)
feet from a parcel zoned for other than agricultural use;
2. "Trash" means any refuse, litter, ashes, leaves, debris,
paper, combustible materials, rubbish, offal, or waste, or matter of
any kind or form which is uncared for, discarded, or abandoned;
3. "Owner" means the owner of record as shown by the most
current tax rolls of the county treasurer; and
4. "Cleaning" means the removal of trash from property.
E. The provisions of this section shall not apply to any
property zoned and used for agricultural purposes or to railroad
property under the jurisdiction of the Oklahoma Corporation
Commission. However, a municipal governing body may cause the
removal of weeds or trash from property zoned and used for
agricultural purposes pursuant to the provisions of this section but
only if such weeds or trash pose a hazard to traffic and are located
in, or within ten (10) yards of, the public right-of-way at
intersections.
Added by Laws 1977, c. 256, § 22-111, eff. July 1, 1978. Amended by
Laws 1983, c. 48, § 1, emerg. eff. April 26, 1983; Laws 1986, c. 28,
§ 1, eff. Nov. 1, 1986; Laws 1988, c. 99, § 1, emerg. eff. April 1,
1988; Laws 1989, c. 5, § 1, emerg. eff. March 22, 1989; Laws 1990, c.
253, § 1, emerg. eff. May 22, 1990; Laws 1994, c. 206, § 1, emerg.
eff. May 20, 1994; Laws 1998, c. 146, § 1, eff. Nov. 1, 1998; Laws
D$,$$)"!!"$ '3 " :$&(1
2000, c. 82, § 1, eff. Nov. 1, 2000; Laws 2006, c. 77, § 1, eff. July
1, 2006; Laws 2012, c. 136, § 1, eff. Nov. 1, 2012.
§11-22-111.1. Certification for employees enforcing cleaning and
mowing provisions.
Employees of a municipality employed or otherwise assigned to
enforce provisions of Section 22-111 of Title 11 of the Oklahoma
Statutes shall complete certification training specifically
applicable to such section as adopted and administered by the
Oklahoma Code Enforcement Association, an internationally recognized
model code organization, career technical education program, or an
institution of higher education. The certification training shall be
completed within one (1) year of employment or assignment for such
enforcement.
Added by Laws 2008, c. 24, § 1, eff. Nov. 1, 2008.
NOTE: Editorially renumbered from § 111.1 of this title to provide
consistency in numbering.
§11-22-112. Condemnation – Procedures – Administrative officer or
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;
D$,$$)"!!"$ '3 " :$&(2
3. Pursuant to a finding that the condition of the property
constitutes a detriment or a hazard and that the property would be
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
D$,$$)"!!"$ '3 " :$&(6
the county treasurer as are other taxes authorized by 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,
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d. a structure which has been boarded and secured, as
defined by Section 22-112.1 of this title, for more
than eighteen (18) 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.
Added by Laws 1977, c. 256, § 22-112, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 42, eff. Nov. 1, 1984; Laws 1988, c. 152, § 1,
eff. Nov. 1, 1988; Laws 1989, c. 5, § 2, emerg. eff. March 22, 1989;
Laws 1990, c. 253, § 2, emerg. eff. May 22, 1990; Laws 1997, c. 83, §
1, eff. Nov. 1, 1997; Laws 1999, c. 343, § 2, eff. Nov. 1, 1999; Laws
2000, c. 82, § 2, eff. Nov. 1, 2000; Laws 2004, c. 314, § 1, eff.
Nov. 1, 2004; Laws 2011, c. 52, § 1, eff. Nov. 1, 2011.
§11-22-112.1. Boarding and securing dilapidated building -
Definitions.
A. After a building has been declared dilapidated, as provided
in Section 22-112 of this title, and before the commencement of the
tearing and removal of a dilapidated building, the governing body of
any municipality may authorize that such a building be boarded and
secured. However, if the dilapidated building is vacant and unfit
for human occupancy, the governing body of any municipality may
authorize the structure to be demolished pursuant to Section 22-112
of this title.
B. A governing body of any municipality may cause the premises
on which an unsecured building is located to be cleaned of trash and
weeds in accordance with the provisions of Section 22-111 of this
title.
C. A governing body of any municipality may cause an unsecured
building to be boarded and secured in accordance with the following
procedures:
1. Before the governing body orders such action, at least ten
(10) days' notice that such unsecured building is to be boarded and
secured shall be given by mail to any property owners and mortgage
holders as provided in Section 22-112 of this title. At the time of
mailing of notice to any property owner or mortgage holder, the
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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. A copy of the notice shall also be
posted on the property to be affected. 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. Such notice
shall be published one time, not less than ten (10) days prior to any
hearing or action by the municipality pursuant to the provisions of
this section. If a municipal governing body anticipates summary
abatement of a nuisance in accordance with the provisions of
paragraph 9 of this subsection, the notice shall state: that any
subsequent need for boarding and securing the building within a six-
month period after the initial boarding and securing of the building
pursuant to such notice may be summarily boarded and secured by the
municipal governing body; that the costs of such boarding and
securing shall be assessed against the owner; and that a lien may be
imposed on the property to secure such payment, all without further
prior notice to the property owner or mortgage holder;
2. The owner of the property may give written consent to the
municipality authorizing the boarding and securing of such unsecured
building and to the payment of any costs incurred thereby. By giving
written consent, the owner waives any right the owner has to a
hearing by the municipal governing body;
3. If the property owner does not give written consent to such
actions, a hearing may be held by the municipal governing body to
determine whether the boarding and securing of such unsecured
building would promote and benefit the public health, safety or
welfare. Such hearing may be held in conjunction with a hearing on
the accumulation of trash or the growth of weeds or grass on the
premises of such unsecured building held pursuant to the provisions
of paragraph 3 of subsection A of Section 22-111 of this title. In
making such determination, the governing body shall apply the
following standard: the governing body may order the boarding and
securing of the unsecured building when the boarding and securing
thereof would make such building less available for transient
occupation, decrease a fire hazard created by such building, or
decrease the hazard that such building would constitute an attractive
nuisance to children.
Upon making the required determination, the municipal governing
body may order the boarding and securing of the unsecured building;
4. After the governing body orders the boarding and securing of
such unsecured building, the municipal clerk shall immediately file a
notice of unsecured building and lien with the county clerk
describing the property, stating the findings of the municipality at
the hearing at which such building was determined to be unsecured,
and stating that the municipality claims a lien on the property for
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the costs of boarding and securing such building and that such costs
are the personal obligation of the property owner from and after the
date of filing the notice;
5. Pursuant to the order of the governing body, the agents of
the municipality are granted the right of entry on the property for
the performance of the boarding and securing of such building and for
the performance of all necessary duties as a governmental function of
the municipality;
6. After an unsecured building has been boarded and secured, the
governing body shall determine the actual costs of such actions and
any other expenses that may be necessary in conjunction therewith
including the cost of the notice and mailing. The municipal clerk
shall forward a statement of the actual costs attributable to the
boarding and securing of the unsecured building and a demand for
payment of such costs, by mail to any property owners and mortgage
holders as provided in Section 22-112 of this title. 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 boards and secures any unsecured building, the
cost to the property owner shall not exceed the actual cost of the
labor, materials and equipment required for the performance of such
actions. If such actions are done on a private contract basis, the
contract shall be awarded to the lowest and best bidder;
7. 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 costs of the boarding and securing of the
unsecured building is not made within thirty (30) days 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 costs 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. 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
costs shall be levied on the property and collected by the county
treasurer as are other taxes authorized by law. Until fully paid,
the costs and the interest thereon shall be the personal obligation
of the property owner from and after the date the notice of unsecured
building and lien is filed with the county clerk. In addition the
costs and the interest thereon shall be a lien against the property
from the date the notice of 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
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continue until the costs and interest are fully paid. If the county
treasurer and the municipality agree that the county treasurer is
unable to collect the assessment, the municipality may pursue a civil
remedy for collection of the amount owing and interest thereon by an
action in 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 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;
8. The municipality may designate by ordinance an administrative
officer or administrative body to carry out the duties of the
governing body specified in subsection C of this section. The
property owner or mortgage holder shall have a right of appeal to the
municipal governing body from any order of the administrative officer
or administrative body. Such appeal shall be taken by filing written
notice of appeal with the municipal clerk within ten (10) days after
the administrative order is rendered;
9. If a municipal governing body causes a structure within the
municipal limits to be boarded and secured, any subsequent need for
boarding and securing within a six-month period constitutes a public
nuisance and may be summarily boarded and secured without further
prior notice to the property owner or mortgage holder. At the time
of each such summary boarding and securing, the municipality shall
notify the property owner and mortgage holder of the boarding and
securing and the costs thereof. The notice shall state that the
property owner may request an appeal with the municipal clerk within
ten (10) days after the mailing of the notice. The notice and
hearing shall be as provided for in paragraph 1 of this subsection.
Unless otherwise determined at the hearing the cost of such boarding
and securing shall be determined and collected as provided for in
paragraphs 6 and 7 of this subsection;
10. A governing body of any municipality may determine that a
building is unsecured and order that such building be boarded and
secured in the manner provided for in this subsection even though
such building has not been declared, by the governing body, to be
dilapidated; and
11. For the purposes of this subsection:
a. "boarding and securing" or "boarded and secured" means
the closing, boarding or locking of any or all exterior
openings so as to prevent entry into the structure,
b. "unsecured building" shall mean any structure which is
not occupied by a legal or equitable owner thereof, or
by a lessee of a legal or equitable owner, and into
which there are one or more unsecured openings such as
broken windows, unlocked windows, broken doors,
unlocked doors, holes in exterior walls, holes in the
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roof, broken basement or cellar hatchways, unlocked
basement or cellar hatchways or other similar unsecured
openings which would facilitate an unauthorized entry
into the structure, and
c. "unfit for human occupancy" means a structure that due
to lack of necessary repairs is considered
uninhabitable and is a hazard to the health, safety,
and welfare of the general public.
D. The provisions of this section shall not apply to any
property zoned and used for agricultural purposes.
Added by Laws 1984, c. 126, § 43, eff. Nov. 1, 1984. Amended by Laws
1986, c. 257, § 1, eff. Nov. 1, 1986; Laws 1988, c. 152, § 2, eff.
Nov. 1, 1988; Laws 1990, c. 253, § 3, emerg. eff. May 22, 1990; Laws
1997, c. 83, § 2, eff. Nov. 1, 1997; Laws 2000, c. 82, § 3, eff. Nov.
1, 2000.
§11-22-112.2. Removal of graffiti by municipalities.
A. A municipal governing body may cause graffiti to be removed
from property within the municipal limits in accordance with the
following procedures:
1. The property owner and the tenant, if any, may give their
written consent to the municipality authorizing removal of the
graffiti. By giving such written consent, the owner and the tenant
each waives the right to notice and a hearing by the municipality as
otherwise required by this section;
2. If the consent of the property owner and the tenant, if any,
to remove graffiti from the property cannot be obtained, the
municipality may remove the graffiti without such consent pursuant to
the procedures set forth in this section;
3. To remove graffiti from property without the consent of the
property owner and the tenant, if any, at least ten (10) days' notice
shall be given by mail directed to the address shown by the current
year's tax rolls in the county treasurer's office. Notice to the
tenant, if any, shall be given by mail directed to the property
address. The notice shall order the property owner and the tenant,
if any, to remove graffiti from the property and shall further state
that unless such work is performed within twenty (20) days of the
date of the notice the work shall be done by the municipality. At
the time of mailing of notice to the property owner and the tenant,
if any, 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(s). In addition, notice shall be
given by posting a copy of the notice on the property at least one
time not less than ten (10) days prior to any hearing or action by
the municipality. If a municipal governing body anticipates summary
abatement of graffiti in accordance with the provisions of subsection
B of this section, the notice shall state that any accumulations of
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graffiti on the property occurring within one (1) year from and after
the date of the notice may be summarily abated by the municipality
without a hearing and further prior notice to the property owner or
the tenant, if any, except by posting of notice at least one time on
the property once not less than two (2) business days prior to such
summary abatement;
4. A hearing may be held by the municipal governing body to
determine whether the accumulation of graffiti on the property has
caused the property to become detrimental or a hazard to the health,
safety, or general welfare of the public and the community;
5. Upon finding that the condition of the property constitutes a
detriment or hazard, and that the property, the public, and the
community would be benefited by removal of such conditions, the
agents of the municipality are granted the right of entry onto the
property for the removal of the graffiti thereon and for performance
of the necessary duties as a governmental function of the
municipality; and
6. The municipality may designate by ordinance an administrative
officer or administrative body to perform the functions set forth in
this section. The property owner and the tenant, if any, shall have
a right of appeal to the municipal governing body from any order of
the administrative officer or administrative body. Such appeal shall
be taken by filing written notice of appeal with the municipal clerk
within ten (10) business days after the administrative order is
rendered.
B. If a notice is given by a municipal governing body to a
property owner and tenant, if any, ordering graffiti to be removed
from property within the municipal limits in accordance with the
procedures provided for in subsection A of this section, any
subsequent accumulations of graffiti on the property occurring within
a one (1) year period may be summarily abated without further prior
notice to the property owner or the tenant, if any. However, prior
to the summary abatement by the municipality, notice thereof shall be
posted at least one time on the property not less than two (2)
business days prior to such summary abatement. This subsection shall
not apply if the records of the county clerk show that the ownership
and/or tenancy of the property was transferred after notice was given
pursuant to subsection A of this section.
C. Removal of graffiti by a municipality pursuant to the
provisions of this section shall be performed at the sole expense of
the municipality. In removing the graffiti, the municipality shall
restore the property as nearly as possible to the condition as it
existed immediately prior to the graffiti being placed on the
property.
D. Nothing in the provisions of this section shall prevent the
municipality from abating graffiti as a nuisance or otherwise
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exercising its police power to protect the health, safety, or general
welfare of the public.
E. The municipality and its officers, employees or agents shall
not be liable for any damages or loss of property due to the removal
of graffiti performed pursuant to the provisions of this section.
F. Nothing in this section shall prohibit the municipal
governing body from enacting ordinances concerning the removal of
graffiti that are more strict than this section.
G. For the purposes of this section:
1. "Advertising" means any letter, word, name, number, symbol,
slogan, message, drawing, picture, writing, or other mark of any kind
lawfully placed on property by an owner or tenant of the property, or
an agent of such owner or tenant, for the purpose of promoting
products or services or conveying information to the public;
2. "Graffiti" means, without limitation, any letter, word, name,
number, symbol, slogan, message, drawing, picture, writing, or other
mark of any kind visible to the public that is drawn, painted,
chiseled, scratched or etched on a rock, tree, wall, bridge, fence,
gate, building or other structure; provided, this definition shall
not include advertising or any other letter, word, name, number,
symbol, slogan, message, drawing, picture, writing, or other mark of
any kind lawfully placed on property by an owner of the property, a
tenant of the property, or by an authorized agent for such owner or
tenant;
3. "Owner" means the owner of record as shown by the most
current tax rolls of the county treasurer;
4. "Removal", "remove", or "removed", when used in relation to
the eradication of graffiti means the act of taking graffiti off of,
or masking the presence of graffiti on, a rock, tree, wall, bridge,
fence, gate, building or other structure; and
5. "Tenant" means any person shown by the records of the county
clerk's office as a lessee of property, or any person lawfully in
actual physical possession of property.
Added by Laws 1997, c. 170, § 1, eff. Nov. 1, 1997.
§11-22-112.3. Certification of employees enforcing condemnation
provisions.
Employees of a municipality assigned to enforce provisions of
Sections 22-112 and 22-112.1 of Title 11 of the Oklahoma Statutes
shall complete certification training specifically applicable to such
section as adopted and administered by the Oklahoma Code Enforcement
Association, an internationally recognized model code organization,
career technical education program, or an institution of higher
education. The certification training shall be completed within one
(1) year of employment or assignment for such enforcement.
Added by Laws 2008, c. 24, § 2, eff. Nov. 1, 2008.
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NOTE: Editorially renumbered from § 112.2 of this title to provide
consistency in numbering.
§11-22-112.4. Abandoned building as public nuisance – Abatement –
Petition for removal – Administrative officer or body – Definitions –
Appeal – Damages or loss of property.
A. An abandoned building shall constitute a public nuisance
because it:
1. Is detrimental to the public health, safety or welfare of the
inhabitants of and visitors to the municipality;
2. Causes increased municipal regulatory costs and increased
municipal police and fire protection costs; and
3. Devalues abutting and nearby real properties.
B. A municipal governing body may abate the public nuisance
caused by an abandoned building within the municipal limits in
accordance with the following procedures:
1. At least ten (10) days' notice that an abandoned building is
to be abated pursuant to the procedures for abatement set forth in
this section shall be given to the owner of the property before the
governing body holds a hearing. A copy of the notice shall be sent
by mail to the property owner at the address shown by the current
year's tax rolls in the office of the county treasurer. Written
notice shall also be sent by mail to any mortgage holder as shown by
the records in the office of the county clerk to the last-known
address of the mortgage holder. At the time of mailing of notice to
any property owner or mortgage holder, the municipality shall obtain
a receipt of mailing from the postal service, the receipt of which
shall indicate the date of mailing and the name and address of the
mailee. However, if neither the property owner nor mortgage holder
can be located, notice may be given by posting a copy of the notice
on the property and by publication as defined in Section 1-102 of
Title 11 of the Oklahoma Statutes. Such notice shall be published
once not less than ten (10) days prior to any hearing or action by
the municipality pursuant to the provisions of this section;
2. A hearing shall be held by the governing body to determine if
the property is an abandoned building as defined by this section;
3. Pursuant to a determination that the building is an abandoned
building, the governing body may order the agents of the municipality
to pursue abatement of the public nuisance caused by the building and
shall order the municipal clerk to place the building on an abandoned
building list to be maintained by the clerk. At any time after such
determination and order, the agents of the municipality may cause the
public nuisance to be abated as authorized in this section, and such
abatement may continue until such time as the building is removed
from the abandoned building list in accordance with the procedures
set forth in subsection C of this section;
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4. Abatement of an abandoned building by the municipality may
include any or all of the following:
a. any lawful municipal regulatory or municipal police and
fire protection action in relation to the abandoned
building or the owner of such building necessary or
appropriate for the protection of inhabitants in and
visitors to the municipality. Upon receipt of any
necessary warrant to authorize such action, the agents
of the municipality are granted the right of entry onto
the property for the performance of any such action as
a governmental function of the municipality,
b. the quarterly assessment against the property on which
the abandoned building is located and against the owner
of the abandoned building of the actual costs of any
municipal regulatory action taken in relation to the
abandoned building or the owner of such building as
authorized above,
c. the assessment against the property on which the
abandoned building is located and against the owner of
the abandoned building of the actual costs of any
municipal police or fire protection action taken in
relation to the abandoned building or the owner of such
building as authorized above, and
d. an assessment for any other actual expenses incurred by
the municipality in relation to the abandoned building,
including, but not limited to, the costs of notices,
mailings and publications;
5. After the determination that a building is an abandoned
building, and before commencement of any of the abatement actions
authorized by paragraphs 3 and 4 of this subsection, the municipal
clerk shall file a notice of lien with the county clerk describing
the property, the findings of the governing body at the hearing, and
stating that the municipality claims a lien on the property for all
abatement costs and that such costs shall also constitute the
personal obligation of the property owner from and after the date of
filing of the notice;
6. From and after the determination that a building is an
abandoned building, and continuing until such time as the building is
removed from the abandoned building list in accordance with the
procedures set forth in subsection C of this section, the municipal
clerk shall determine the actual quarterly abatement costs for the
abatement procedures authorized by this section. After such
determination, the municipal clerk shall mail a statement of the
actual quarterly abatement costs for the abatement procedures
authorized by this section to the property owner and demand the
payment of such costs by the owner. In addition, a copy of the
statement shall be mailed to any mortgage holder at the address
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provided for in paragraph 1 of this subsection. At the time of
mailing of the statement of costs to any property owner or mortgage
holder, the municipal clerk shall obtain a receipt of mailing from
the postal service, the receipt of which shall indicate the date of
mailing and the name and address of the mailee; and
7. When full payment is made to the municipal clerk for actual
abatement costs incurred and billed in accordance with paragraph 6 of
this subsection, the municipal clerk shall send the property owner
and any mortgage holder by mail a receipt for such payment; but if
payment attributable to the actual quarterly costs of such abatement
is not made within six (6) months from the date of the mailing of the
statement to the owner of such property, a lien in the actual amount
of the abatement shall be filed against the abandoned building.
Until finally paid, the costs and the interest thereon shall be the
personal obligation of the property owner from and after the date the
notice of lien was filed with the county clerk. In addition, the
costs and the interest thereon shall be a lien against the property
from the date the notice of lien was filed with the county clerk.
The lien shall be coequal with the lien of ad valorem taxes and all
other taxes and special assessments and shall be prior and superior
to all other titles and liens against the property. The lien shall
continue until the cost is fully paid. A mineral interest, if
severed from the surface interest and not owned by the surface owner,
shall not be subject to any lien created pursuant to this section.
Upon receiving full payment, the municipal clerk shall forward to the
county clerk a notice of discharge of the lien.
C. Any owner or mortgage holder of any building determined by
the governing body of the municipality to be an abandoned building
pursuant to this section may petition the governing body in writing
at any time after such determination for removal of such building
from the abandoned building list maintained by the municipal clerk.
Any such petition shall be filed with the municipal clerk. Within
thirty (30) days after such petition is filed with the municipal
clerk, the governing body shall hold a hearing to determine if the
building is no longer an abandoned building. Upon such a
determination, the governing body shall order the building removed
from the abandoned building list. The municipal clerk shall comply
with such order by removing the building from the abandoned building
list; provided, the real property on which the abandoned building is
located and the owner of such building shall remain liable for
payment of any and all abatement costs incurred by the municipality
prior to the determination and order by the governing body that the
building should be removed from the abandoned building list. Upon
full payment of any costs certified against the property, the
municipal clerk shall file a release of the notice of the lien in the
county clerk's office within ten (10) days after receiving such
payment.
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D. The governing body may designate, by ordinance, an
administrative officer or administrative body of the municipality to
carry out any or all of the duties of the governing body specified in
this section. The property owner shall have the right of appeal to
the governing body from any order of the administrative officer or
administrative body. Such appeal shall be taken by filing a written
notice of appeal with the municipal clerk within ten (10) days after
the administrative order is delivered or mailed to the owner at the
address shown in the county treasurer records.
E. For purposes of this section:
1. "Abandoned building" means any building located within the
municipality that is not currently occupied and has been declared
unsecured or dilapidated pursuant to Section 22-112 or 22-112.1 of
Title 11 of the Oklahoma Statutes and remains in such condition; and
2. "Owner" means the owner of record as shown by the most
current tax roles of the county treasurer.
F. The provisions of this section shall not apply to any
property zoned and used for agricultural purposes.
G. The officers, employees or agents of the municipality shall
not be liable for any damages or loss of property due to the
abatement of the public nuisance caused by an abandoned building
performed pursuant to the provisions of this section or as otherwise
provided by law.
Added by Laws 2014, c. 326, § 3.
§11-22-112.5. Termination of water service when sewer or waste water
service is provided by a separate public entity
A. Where water service is provided to real property by one
public entity but that property receives sewer or waste water service
from another public entity, and where the sewer or waste water
account for the property has been found to be delinquent as
determined by the policies adopted by the public entity regarding
nonpayment, the governing body of the public entity providing sewer
or waste water service to that property may request that the public
entity providing water service terminate water service. Until the
delinquency has been resolved, the governing body of the public
entity providing sewer or waste water service requesting the
termination of water service shall provide a proposed date for
termination and notice to the public entity providing water service,
and to the account holder and property owner of the subject property
at least thirty (30) days prior to the proposed date for termination.
The public entity providing water service may terminate water service
at the subject property on the proposed date for termination or
within thirty (30) days thereafter. Should the sewer or waste water
delinquency be resolved during the pendency of the termination of
water service, or sometime thereafter, the public entity which
requested termination of water service shall provide the public
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entity providing water service notice of the resolution of
delinquency no later than the first business day following
resolution. The public entity providing water service shall renew
water service no later than the first business day following the
notice. Should the sewer or waste water delinquency be resolved
during the pendency of the termination of water service, or sometime
thereafter, the public entity which requested termination of water
service shall provide the account holder and the property owner
notice of the resolution of the delinquency, upon request.
B. Each public entity desiring to utilize the termination
provision authorized in subsection A of this section shall enact, in
accordance to law and as required by this act, notice and hearing
procedures to ensure account holders and property owners receive
adequate notice and opportunity for hearing prior to commencement of
the procedures authorized in subsection A of this section.
Added by Laws 2016, c. 98, § 1, eff. Nov. 1, 2016.
§11-22-113. Fire hazards and building location restrictions.
The municipal governing body may regulate the construction or
suppression, and cleaning of any apparatus, fixtures, or equipment
used in any building, manufactory, or business which may cause or
promote fires, may prescribe limits within which dangerous or
hazardous businesses may be carried on, and may adopt fire prevention
codes and regulations. The governing body may impose penalties for
the violation of such ordinances and may remove or abate any
buildings constructed or located in violation of its ordinances.
Amended by Laws 1984, c. 126, § 44, eff. Nov. 1, 1984.
§11-22-114. Entry upon private property for making surveys,
soundings, examination or terminating public utility services -
Reimbursement for damages.
A. Municipalities through their authorized agents or employees
may enter upon any lands, waters, or premises for the purpose of
making surveys, soundings, or examinations as may be necessary for
the purpose of establishing, locating, relocating, constructing, or
maintaining any sewer, waterworks, drain, or public works or
facilities. Entry may also be made for the purpose of terminating
any public utility services if the municipality determines the
existence of a hazard to the health, safety, or welfare of the
general public in connection with said services. Said entry shall
not be deemed a trespass, nor shall an entry pursuant to any
condemnation proceedings which may be pending be deemed a trespass.
If the municipality does not have written consent for entry from the
owner and lessee, the municipality shall give notice to the owner and
lessee of the property to be entered, by certified mail at least
fourteen (14) days prior to any entry. If the owner and lessee are
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unable to be given notice by certified mail, notice shall be given by
publication.
B. Municipalities shall make reimbursement for any actual
damages to lands, water, or premises as a result of the entry onto
property as authorized in this section. If there is a disagreement
as to the amount of any damage, either the person incurring any
damage to land, water, or premises or the municipality may file a
petition with the district court in the county where the alleged
damage occurred requesting the appointment of a commissioner to
appraise the damage and proceed to have the damage determined as in
condemnation proceedings.
Amended by Laws 1984, c. 126, § 45, eff. Nov. 1, 1984.
§11-22-115. Animals running at large - Regulation and taxation.
The municipal governing body may regulate or prohibit animals
from running at large. Animals which are running at large may be
impounded and sold to discharge any costs and penalties established
by the governing body and the expense of impounding, keeping or sale
of such animals. The governing body may also provide for the
erection of pens, pounds, and buildings for the use of the
municipality, within or without the municipal limits, and appoint and
compensate keepers thereof, and establish and enforce rules governing
the pens, pounds or buildings. The governing body may also regulate
and provide for taxing the owners and harborers of dogs, and
authorize the killing of dogs which are found at large in violation
of any ordinance regulating the same.
Laws 1977, c. 256, § 22-115, eff. July 1, 1978.
§11-22-115.1. Commercial pet breeder - Restriction of location near
schools or day care facilities.
A. No commercial pet breeder shall be located within two
thousand five hundred (2,500) feet of a public or private school or
licensed day care facility in a municipality having a population of
more than three hundred thousand (300,000). Provided, this
prohibition shall not apply to a commercial pet breeder that was
lawfully in operation and in full compliance with all licensing,
permitting, and zoning requirements applicable to the commercial pet
breeder prior to the effective date of this act.
B. No public officer or employee shall issue any type of
license, permit, approval or consent for a commercial pet breeder to
be located within two thousand five hundred (2,500) feet of a public
or private school or licensed day care facility in a municipality
having a population of more than three hundred thousand (300,000).
C. Applications for a commercial pet breeder license or for any
governmental permit, approval or consent needed to authorize the
lawful operation of a commercial pet breeder that are pending on the
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effective date of this act shall be subject to the prohibitions set
forth in subsections A and B of this section.
D. The provisions of subsections A and B of this section may be
enforced by any public officer within whose jurisdiction a
noncompliant commercial pet breeder is located or by any other person
aggrieved in any way by noncompliance with the provisions.
Enforcement action may include a civil suit for an injunction filed
in the district court in the county where a noncompliant commercial
pet breeder is located.
E. Any municipality is hereby authorized to enact an ordinance
consistent with the provisions of this section and to enforce the
ordinance by prosecution of violations in the municipal court, as
provided by law.
F. For the purposes of this section, the term "commercial pet
breeder" shall have the same meaning as given in Section 30.2 of
Title 4 of the Oklahoma Statutes.
Added by Laws 2008, c. 433, § 1, emerg. eff. June 4, 2008. Amended
by Laws 2015, c. 44, § 1, eff. Nov. 1, 2015.
§11-22-116. Jurisdiction over real property and navigable streams.
A. Except as provided for in subsection B of this section, the
municipality shall have jurisdiction over any real property within or
without its corporate limits belonging to the municipality.
B. A municipality with a population of more than three hundred
fifty thousand (350,000) persons, according to the most recent
Federal Decennial Census, shall have jurisdiction over any real
property within its corporate limits belonging to the municipality.
The municipality shall have the authority to enact ordinances
regulating real property belonging to the municipality that is
outside the corporate limits of the municipality. Municipal property
outside the corporate limits of the municipality shall be subject to
state or municipal law and any violation of state or municipal law
shall be prosecuted in the district court of the county or the
municipal court of the local city where the violation occurred.
Unless otherwise provided for by law, the municipality may regulate
the banks, shores, and wharves of navigable streams within the
corporate limits.
Added by Laws 1977, c. 256, § 22-116, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 46, eff. Nov. 1, 1984; Laws 2003, c. 147, § 1,
eff. Nov. 1, 2003.
§11-22-117. Traffic ordinances and regulations — Designation of
school zone speed limits.
A. The municipal governing body may establish ordinances and
regulations governing the operation of motor vehicles and traffic
upon the roads and streets within the municipality in the manner
provided by, and not inconsistent with, state law. An ordinance or
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regulation shall be consistent with state law if it is reasonably
related to traffic safety or control or flow of traffic and does not
contradict a specific provision of state law. The governing body may
also regulate and prevent racing and fast driving, and all games,
practices or amusements likely to result in damage to any person or
property, in the streets, highways, alleys, bridges, sidewalks or
other places in the municipality, and riding or driving over or upon
the sidewalks of the municipality.
B. Any municipal governing body which establishes ordinances and
regulations governing school zone speed limits, shall place school
zone signs designating the beginning and end of the zone on the side
or in the center of the roadway. Such end zone signing shall be as
follows:
1. On roadways of two driving lanes, only the end zone signing
may be on either side of the roadway or in the center of the roadway;
and
2. On roadways in excess of two driving lanes, the end zone
signing shall be on the right side of the roadway or in the center of
the roadway if said roadway is divided by a median.
Added by Laws 1977, c. 256, § 22–117, eff. July 1, 1978. Amended by
Laws 1978, c. 90, § 1, eff. Oct. 1, 1978; Laws 2006, c. 132, § 1,
eff. Nov. 1, 2006.
§11-22-117.1. Possession of security verification form may be
required for certain vehicles.
Pursuant to Section 22-117 of this title, a municipality may by
ordinance require the operator of any motor vehicle registered in
this state to carry a current security verification form as defined
in Article VI, Chapter 7 of Title 47 of the Oklahoma Statutes or
equivalent form which has been issued by the Department.
Any person producing proof that a current security verification
form or equivalent form which has been issued by the Department was
in force for such person at the time of the alleged offense shall be
entitled to dismissal of such charge upon payment of court costs;
however, if proof of security verification is presented to the court
within forty-eight (48) hours after the violation, the charge shall
be dismissed without payment of court costs.
Upon conviction, bond forfeiture or deferral of sentence, the
court shall forward an abstract to the Department of Public Safety
within ten (10) days reflecting the action taken by the court.
Added by Laws 1982, c. 355, § 10, operative July 1, 1983. Amended by
Laws 1984, c. 181, § 1, eff. Nov. 1, 1984.
§11-22-118. Regulation of taxicabs - Specific requirements.
The municipal governing body is vested with full police powers,
for the purpose of preserving public health, safety and welfare, over
the operation, regulation and control of taxicabs within the limits
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of the municipality. The municipal governing body may prescribe
regulations for the operation of taxicabs, which regulations may
include, and shall be limited to the following specific powers and
subjects:
1. Requirement of minimum insurance, bond or other indemnity for
public liability upon each taxicab; and if other than standard
insurance be permitted, requirement and specifications of terms and
conditions under which such other indemnity shall be accumulated,
held, maintained, managed, and disposed of to secure persons in whose
favor any liability shall arise out of the operation of taxicabs;
2. Requirement of minimum standards of mechanical condition and
efficiency of any vehicle used as a taxicab, together with the power
to require inspections to insure compliance therewith;
3. Restriction of the loading of taxicabs to specified zones or
localities; including the power to prohibit and punish "cruising" and
the making of such other rules governing the manner of operation of
taxicabs as the public safety may require;
4. Determination, establishing, and enforcement of maximum
and/or minimum rates and charges to be made by taxicabs for the
transportation of passengers; including, but not requiring, the
establishment of zones as the basis of such rates, or the requirement
of taximeters as the basis of calculating such charges;
5. Requirement of municipal license for the operation of each
taxicab; together with the right to levy and exact an annual fee
therefor, and the right to revoke, cancel and thereafter refuse to
reissue such license for failure to comply with or for infractions of
regulations promulgated pursuant to this section. The granting of
any license may be made dependent upon the holding of a certificate
of convenience and necessity issued by the municipality, if such
certificates are provided as authorized by paragraph 6 of this
section; and
6. Requirement for the holding of a certificate of convenience
and necessity as a condition precedent to the issuance and holding of
a municipal license for the operation of a taxicab; including the
power to issue, deny, suspend and revoke such certificates.
Added by Laws 1977, c. 256, § 22-118, eff. July 1, 1978.
§11-22-119. Regulation of railway and freight operations within
municipal limits.
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
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accidents at crossings and on the tracks of railways and to prevent
fires from engines.
Laws 1977, c. 256, § 22-119, eff. July 1, 1978.
§11-22-120. Public health, hospitals, quarantine, and environmental
hazards.
A. The municipal governing body may enact and enforce such
ordinances, rules and regulations as it deems necessary for the
protection of the public health, not inconsistent with state law; and
may establish and regulate hospitals, and provide for their operation
and support. The governing body may make regulations to prevent the
introduction of contagious diseases into the municipality and may
enforce quarantine laws within five (5) miles of the municipal
limits.
B. If the Department of Environmental Quality notifies a
municipality in writing that certain vacant property presents an
extraordinary environmental hazard to public health and safety, the
municipal governing body is authorized to enact special ordinances
restricting occupancy and use of the vacant buildings, vacant
structures or land as necessary to protect against the extraordinary
environmental hazard. This includes, but is not limited to, the
authority to restrict occupancy or use by classes of persons who may
be especially vulnerable to the environmental hazard. The municipal
governing body is further authorized to restrict occupancy or use, by
children or other especially vulnerable classes of persons, of
property in areas or at locations with contamination by lead or other
hazardous substances to such a degree that normal health and welfare
of members of the class are at significant risk.
Added by Laws 1977, c. 256, § 22-120, eff. July 1, 1978. Amended by
Laws 2001, c. 352, § 1, emerg. eff. June 1, 2001.
§11-22-121. Nuisances.
The municipal governing body may declare what shall constitute a
nuisance, and provide for the prevention, removal and abatement of
nuisances.
Added by Laws 1977, c. 256, § 22-121, eff. July 1, 1978.
§11-22-122. Trees.
The municipal governing body may enact ordinances for the purpose
of regulating, planting and maintaining trees in the streets, avenues
or public grounds of the municipality. Planting and maintaining
trees may also be petitioned for in the manner provided for
petitioning sidewalks; and the governing body may make assessments
and collect taxes in order to pay for planting and maintaining trees
in the manner provided for sidewalk assessments and taxes.
Laws 1977, c. 256, § 22-122, eff. July 1, 1978.
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§11-22-123. Vagrancy.
The municipal governing body may provide by ordinance for the
arrest, fine, and imprisonment of vagrants.
Laws 1977, c. 256, § 22-123, eff. July 1, 1978.
§11-22-124. Commercial development projects, market houses and
marketplaces - Municipal buildings.
The municipal governing body may purchase ground for, erect,
establish, operate, and regulate retail or commercial redevelopment
projects, market houses, and marketplaces. The governing body may
contract with any person, company, or corporation for the erection,
operation, and maintenance of such redevelopment projects, market
houses, and marketplaces on terms and conditions and in such manner
as may be necessary and proper pursuant to the authority granted to
it by the Constitution and laws of this state to protect and preserve
such projects and markets for the benefit of the municipality and its
citizens. The municipal governing body may raise all necessary
revenue therefor. The governing body may also provide for the
erection and operation of any and all necessary buildings for the
municipality.
Amended by Laws 1984, c. 126, § 47, eff. Nov. 1, 1984.
§11-22-125. Gifts to institutions in state system of higher
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.
Laws 1977, c. 256, § 22-125, eff. July 1, 1978; Laws 1991, c. 313, §
3, eff. Sept. 1, 1991.
§11-22-126. Participation in federal programs.
The municipal governing body may receive funds for and
participate in any federal program, and may cooperate with the United
States Government and any agency or instrumentality thereof, in the
manner authorized and provided by federal law and regulation. In
doing so, a municipality may perform all necessary functions and take
all necessary actions for accomplishing such federal purposes and
programs, as agent of the federal government, notwithstanding any
provisions of state law.
Laws 1977, c. 256, § 22-126, eff. July 1, 1978.
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§11-22-127. Establishing residency requirements.
The municipal governing body by ordinance may designate which
appointed officers and employees shall reside within the
municipality; but police officers, firefighters and other municipal
employees need not be actual residents of the municipality where they
are employed in municipalities of five thousand (5,000) population or
more, according to the latest federal census.
Laws 1977, c. 256, § 22-127, eff. July 1, 1978.
§11-22-128. Authority for public improvements - Borrowing money -
Bond issues.
The governing body of any municipality may provide for making any
and all improvements of a general nature in the municipality and may
from time to time borrow money and issue bonds for the purpose of
paying for such improvements. No such money shall be borrowed or
bonds issued until the governing body is instructed to do so by a
vote of at least three-fifths of the registered voters voting on the
question at any election held in the municipality, unless otherwise
provided by the Constitution and laws of Oklahoma. If the purpose of
the bonds includes paying for conservation easements, the question
voted on by the voters of the municipality issuing such bonds shall
reflect such purpose, but need not specify the legal description or
location of the property to be affected by such easements, unless
such legal description or location is known prior to the election.
Any conservation easements executed pursuant to this section shall
not restrict or prohibit any existing recreational uses permitted by
the landowner, including, but not limited to, hunting and fishing. A
conservation easement shall not be executed in any location that will
restrict or in any way modify an existing use, easement, or zoning
ordinance that relates to military installations of this state and/or
to any zoning ordinances adopted pursuant to Section 43-101.1 of this
title. If a municipality fails to negotiate a purchase of a
conservation easement from a landowner, the use of eminent domain by
a municipality shall be prohibited to secure such easement. Bonds
issued under this section shall be payable not more than twenty-five
(25) years from the date of their issue, with interest thereon at a
rate not exceeding a maximum rate established by law. The governing
body shall provide for taxes to pay the bonds at their maturity, and
their interest coupons as they respectively become due.
Added by Laws 1977, c. 256, § 22-128, eff. July 1, 1978. Amended by
Laws 1983, c. 170, § 13, eff. July 1, 1983; Laws 2006, c. 307, § 1,
eff. Nov. 1, 2006.
§11-22-129. Tax warrants against lots for special assessments or for
abatement of public nuisance.
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A. Where municipal improvements of any character are made by
special assessments upon the abutting lots, or upon blocks, or where
a special assessment may be created by ordinance for the direct
benefit of a limited locality in a municipality, the governing body
may issue a tax warrant against each separate abutting lot, in the
manner provided by law, which shall be a valid lien on the lot and
shall be extended, collected and bear a like penalty with other taxes
of the state, county or municipality.
B. Where a municipality has abated any public nuisance in
accordance with state law or municipal ordinance, the governing body
may issue a tax warrant against each separate lot that was actually
abated, in the manner provided by law, which shall be a valid lien on
the lot and shall be extended, collected and bear a like penalty with
other taxes of the state, county or municipality.
Added by Laws 1977, c. 256, § 22-129, eff. July 1, 1978. Amended by
Laws 2003, c. 454, § 1, emerg. eff. June 6, 2003.
§11-22-130. Reassessments for void or illegal assessments.
When a municipal governing body has attempted to levy any
assessment for improvements which may have been informal, illegal or
void for want of sufficient authority or other cause, the governing
body of the municipality shall reassess any such assessment in the
manner provided by law.
Laws 1977, c. 256, § 22-130, eff. July 1, 1978.
§11-22-131. Municipal records - Destruction, sale or disposition
after certain time limitations.
A. A municipal governing body may destroy, sell for salvage or
otherwise dispose of the following papers, documents and records
after the expiration of the specified period of time following the
end of the fiscal year in which the paper, document or record was
created, except as otherwise specified:
1. One (1) year: parking citations may be destroyed or
otherwise permanently disposed of one (1) year after the date of
issuances;
2. Two (2) years: municipal court warrants, water, sewer,
garbage and utility receipts and statements, which have been
previously audited; inspection records relating to water meters and
sewer inspections; miscellaneous petitions and letters addressed to
the governing body on matters other than pertaining to the items
hereinafter set forth; utility billing ledger or register; utility
cash receipts ledger or register; and utility accounts receivable
ledger or register. Fire run contracts may be destroyed or otherwise
disposed of two (2) years after their expiration;
3. Five (5) years: successful and unsuccessful bids for the
purchase or furnishing of equipment, material and improvements;
inspection records except as provided for in paragraph 2 of this
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section; claims that have been denied; license applications; bonds;
special, primary and general election payrolls; election tabulations
and returns; withholding statements; garnishment records; traffic
tickets and receipts; bond receipts and fine receipts; information
and complaints; court dockets; paid general obligation and revenue
bonds; paid street improvement, sewer and sidewalk district bonds;
warrants; claims; checks; vouchers; purchase orders; payrolls;
4. Ten (10) years: inventories; appropriation ledgers; sidewalk
assessment records, except payment records; cash receipt book or
register for the general fund, the street and alley fund, any bond
fund or sinking fund and all other trust funds that have been
audited; and
5. Fifteen (15) years: sewer and improvement district records,
except payment records.
None of the above-mentioned records, papers or documents
pertaining to pending litigation shall be disposed of until such
litigation is finally terminated. This section shall not be
construed to authorize or allow the destruction of any testing
laboratory results or the inspection records of public improvements
of a municipality.
B. Time limits for the destruction, sale, or other disposition
of municipal papers, documents and records which are not mentioned in
subsection A of this section may be determined and set by ordinance
or resolution of the municipal governing body.
Added by Laws 1977, c. 256, § 22-131, eff. July 1, 1978. Amended by
Laws 1982, c. 166, § 1; Laws 1987, c. 173, § 3, eff. Nov. 1, 1987;
Laws 1990, c. 83, § 1, eff. Sept. 1, 1990; Laws 1996, c. 83, § 1,
eff. Nov. 1, 1996.
§11-22-132. Authority to have records photographed or reproduced on
film or stored on optical disk - Original record - Storage.
A. The head of any municipal department, commission, bureau or
board may have any or all records kept by the official, department,
commission, bureau or board photographed, microphotographed,
photostated, reproduced on film or stored on optical disk. Such film
or reproducing material shall be of durable material and the device
used to reproduce such records on film or other material shall be
such as to accurately reproduce and perpetuate the original records
in all details.
B. The photostatic copy, photograph, microphotograph,
photographic film or optical disk of the original records shall be
deemed to be an original record for all purposes, and shall be
admissible in evidence in all courts or administrative agencies. A
facsimile, exemplification or certified copy thereof shall, for all
purposes recited herein, be deemed to be a transcript,
exemplification or certified copy of the original.
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C. Whenever photostatic copies, photographs, microphotographs,
reproductions on films or optical disks shall be placed in
conveniently accessible files and provisions made for preserving,
examining and using same, the head of any municipal department,
commission, bureau or board may certify those facts to the municipal
governing body. Following such certification, the governing body
may, by ordinance or resolution, authorize the disposal, archival
storage or destruction of the original records and papers before the
expiration of the retention period established pursuant to Section
22-131 of this title.
Added by Laws 1977, c. 256, § 22-132, eff. July 1, 1978. Amended by
Laws 1990, c. 50, § 1, eff. Sept. 1, 1990; Laws 1998, c. 234, § 1,
eff. Nov. 1, 1998.
§11-22-132.1. Municipal Records - Maintenance and protection -
Availability.
Any officer or employee of a municipality having custody of
records or other documents of the municipality shall keep and
maintain such records in a manner and at a location prescribed by the
governing body. Such records shall be available for use by officers
and employees of the municipality as the governing body shall direct.
The governing body shall establish policies and procedures to
preserve and protect the records of the municipality consistent with
other provisions of law providing for the confidentiality of such
records where appropriate and the accessibility of such records for
inspection by the public.
Added Laws 1989, c. 255, § 2, emerg. eff. May 19, 1989.
§11-22-133. Contesting reasonableness of oil and gas drilling fee.
Any person, firm or corporation may contest the reasonableness of
any fee imposed pursuant to the provisions of Section 52 of Title 17
of the Oklahoma Statutes, for the issuance of a permit for the
drilling and operation of an oil and gas well or the regulation
thereof, by filing a petition in the district court of the county
where the governing body of such incorporated city or town is
located. The court, upon hearing all the facts and circumstances
relating to the imposition of the fee, shall determine the
reasonableness of such fee. The court may award attorneys' fees and
costs to the prevailing party.
Added by Laws 1986, c. 250, § 14, emerg. eff. June 13, 1986.
§11-22-134. Purchasing or accounts payable - Approval by electronic
process.
Notwithstanding any other provisions of the Oklahoma Statutes,
any municipal document, other than checks, drafts or warrants,
relating to purchasing or accounts payable may be approved by the
municipality by an electronic process in lieu of a manual process.
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Added by Laws 1990, c. 176, § 1, eff. Sept. 1, 1990.
§11-22-135. National disaster leave.
A. The governing body of a municipality may grant leave with pay
not to exceed fifteen (15) working days to a municipal employee who
is affected by a presidentially declared national disaster in
Oklahoma after May 1, 1999, if:
1. The employee suffered a physical injury as a result of the
disaster;
2. A relative or household member of the employee suffered a
physical injury or died as a result of the disaster; or
3. The domicile of the employee or the domicile of a relative of
the employee was damaged or destroyed as a result of the disaster.
B. As used in this section:
1. “Relative of the employee” shall be limited to the spouse,
child, stepchild, grandchild, grandparent, stepparent, or parent of
the employee; and
2. “Household members” means those persons who reside in the
same home, who have reciprocal duties to and do provide financial
support for one another. This term shall include foster children and
legal wards even if they do not live in the household. The term does
not include persons sharing the same general house, when the living
style is primarily that of a dormitory or commune.
C. The authority to grant leave with pay pursuant to subsection
A of this section shall extend for a period of not more than six (6)
months after the date of a presidentially declared national disaster.
D. Annual leave, sick leave, or compensatory time which was
charged to a municipal employee as a result of the presidentially
declared national disaster resulting from the May 3, 1999, tornadoes
that would have otherwise been eligible for the leave provision in
subsection A of this section, may be reinstated by the governing
body. A municipal employee entitled to leave with pay pursuant to
this section who was charged leave without pay shall be compensated
at the base rate of pay of the employee.
E. A governing body of a municipality may amend an existing
leave sharing program or establish a leave sharing program to allow
municipal employees to share sick or annual leave with municipal
employees who are eligible for leave pursuant to subsection A of this
section. The disaster-related leave sharing plan shall be subject to
the following conditions:
1. An employee eligible for disaster-related leave may receive
up to fifteen (15) days donated leave;
2. The donated leave must be used for disaster-related injuries
or matters;
3. The eligible employee shall not be required to take or
exhaust any of the employee’s regular sick, personal, or emergency
leave in order to receive donated leave;
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4. Donated leave may be used to reinstate regular emergency,
sick, or personal leave an employee used after May 1, 1999, for
disaster-related injuries or matters;
5. An eligible employee who was required to take leave without
pay for disaster-related injuries or matters may be compensated for
up to fifteen (15) days if leave is donated to cover the leave
without pay; and
6. The municipality may require documentation to support a
request to use donated leave pursuant to this section.
Added by Laws 1999, c. 306, § 4, eff. July 1, 1999.
§11-22-136. Intangible property held for owner or apparent owner by
municipality or municipal public trust - Abandonment - Notice -
Definitions.
A. Except as provided by other provisions of Title 11 of the
Oklahoma Statutes governing disposition of certain specific types of
intangible property, any intangible property held for the owner or
apparent owner by a municipality or a municipal public trust that
remains unclaimed by the owner or apparent owner for one (1) year or
more after becoming payable or distributable is presumed abandoned
and shall be disposed of as provided by subsection B of this section.
B. Intangible property presumed abandoned pursuant to the
provisions of subsection A of this section shall be disposed of by
the municipality or municipal public trust as follows:
1. a. The municipality or municipal public trust shall mail
written notice to the owner or apparent owner at his or
her last-known address stating that the intangible
property shall be paid over to the municipality or
municipal public trust unless the owner or apparent
owner files a claim therefor with the clerk of the
municipality or with the secretary of the municipal
public trust, as applicable, within two (2) years of
the date of the notice.
b. If the address of the owner or apparent owner is
unknown, or the mailed notice required by subparagraph
a of this paragraph is returned as undeliverable, the
municipality or municipal public trust shall publish
such notice two (2) times in a newspaper of general
circulation within the county where the principal
offices of the municipality or municipal public trust
are located; and
2. If the intangible property is not claimed by the owner or
apparent owner within two (2) years of the latest date of the mailed
or published notice, as provided in paragraph 1 of this subsection,
then the claim of such owner or apparent owner shall be extinguished
and the property shall be disposed of as may be determined and
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directed by the municipal governing body or by the trustees of the
public trust, as applicable.
C. As used in this section:
1. “Apparent owner” means the person whose name appears on the
records of the municipality or municipal public trust as the person
entitled to intangible property held, issued, or owning by the
municipality or municipal public trust;
2. “Intangible property” means money, warrants, checks, drafts,
deposits, interest, dividends, income, credit balances, customer
overpayments, security deposits, refunds, credit memos, unpaid wages,
unused airline tickets, unidentified remittances and other similar
personal property;
3. “Last-known address” means a description of the location of
the owner or apparent owner sufficient for the purpose of the
delivery of mail;
4. “Municipal public trust” means any public trust of which one
or more municipalities are the sole beneficiary or beneficiaries; and
5. “Owner” means a depositor in the case of a deposit, a
beneficiary in case of a trust other than a deposit in trust, a
creditor, claimant, or payee in the case of other intangible
property, or a person having a legal or equitable interest in
property subject to this act, or his or her legal representative.
When used in this section, the term “owner” shall encompass both a
single owner or multiple owners.
Added by Laws 2002, c. 119, § 1, eff. Nov. 1, 2002.
§11-22-137. Denial of excess leave due to extraordinary
circumstances - Compensation.
If a municipal employee whose job duties include providing fire
protection services or law enforcement services is unable to use
excess leave in the time frame allowed by the municipality because
the employee’s request for leave is denied by the municipality and
the denial of leave is due to extraordinary circumstances such that
taking leave could pose a threat to public safety, health or welfare,
the employee shall receive compensation at the employee’s regular
rate of pay for the amount of excess leave the employee is unable to
use. Such compensation shall be paid at the end of the time period
during which the excess leave was required to have been used.
Added by Laws 2006, c. 230, § 1, eff. July 1, 2006.
§11-22-138. Municipal collection agency contracts.
A. The governing body of a municipality may enter into a
contract with a collection agency for the provision of collection
services for one or more of the following items:
1. Debts and accounts receivable including, but not limited to,
unpaid fees, penalties, interest, and other sums due the
municipality, as applicable; or
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2. Court penalties, costs, fines and fees in cases in municipal
court in which the accused has failed to appear or otherwise failed
to satisfy a monetary obligation ordered by the court.
B. A governing body of a municipality that enters into a
contract with a collection agency pursuant to this section may
authorize the addition of a collection fee in an amount not to exceed
thirty-five percent (35%) on each item described in subsection A of
this section that has been referred by the municipality to the
collection agency for collection. If a municipality enters into such
contract with a collection agency and authorizes the collection fee,
the court shall order defendants to reimburse the fee arising
pursuant to paragraph 2 of subsection A of this section and such
court-ordered fee may be collected as provided by law for the
collection of any other civil debt or criminal action.
Added by Laws 2009, c. 258, § 1, emerg. eff. May 22, 2009.
§11-22-139. Designating personnel to attend armed security guard
training program or reserve peace officer certification program.
A. The city council or board of trustees for a city or
municipality may, through a majority vote of the council or board,
designate city or municipality personnel who have been issued a
handgun license pursuant to the Oklahoma Self-Defense Act to attend
an armed security guard training program, as provided for in Section
1750.5 of Title 59 of the Oklahoma Statutes, or a reserve peace
officer certification program, as provided for in Section 3311 of
Title 70 of the Oklahoma Statutes, provided and developed by the
Council on Law Enforcement Education and Training (CLEET). Nothing
in this section shall be construed to prohibit or limit the city
council or board of trustees of a city or municipality from requiring
ongoing education and training.
B. Participation in either the armed security guard training
program or the reserve peace officer certification program shall be
voluntary and shall not in any way be considered a requirement for
continued employment with the city or municipality. The city council
or board of trustees of a city or municipality shall have the final
authority to determine and designate personnel who will be authorized
to obtain and use an armed security guard license or reserve peace
officer certification in conjunction with their employment as city or
municipality personnel.
C. The city council or board of trustees of a city or
municipality that authorizes personnel to participate in either the
armed security guard program or the reserve peace officer program may
pay all necessary training, meal and lodging expenses associated with
the training.
D. When carrying a firearm pursuant to this act, the person
shall at all times carry the firearm on his or her person or the
firearm shall be stored in a locked and secure location.
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E. Any city or municipality personnel who have successfully
completed either training and while acting in a reasonable and
prudent manner shall be immune from civil and criminal liability for
any injury resulting from the carrying of a handgun onto city or
municipality property as provided in this act. Any municipality,
city council, board of trustees or participating local law
enforcement agency shall be immune from civil and criminal liability
for any injury resulting from any act committed by the city or
municipality personnel who are designated to carry a concealed
handgun on public city or municipality property pursuant to the
provisions of this act.
F. In order to carry out the provisions of this section, the
city council or board of trustees of a city or municipality is
authorized to enter into a memorandum of understanding with local law
enforcement entities.
Added by Laws 2019, c. 355, § 1, eff. Nov. 1, 2019.
§11-22-150. Short title.
Sections 1 through 9 of this act shall be known and may be cited
as the "Oklahoma Municipal Utility Revenue Bond Act".
Added by Laws 1992, c. 211, § 1, eff. July 1, 1992.
§11-22-151. Purpose and construction of act.
The Oklahoma Municipal Utility Revenue Bond Act shall serve to
implement and execute Section 27B of Article X of the Oklahoma
Constitution, and nothing in the Oklahoma Municipal Utility Revenue
Bond Act shall be construed in a manner contrary to or inconsistent
with the provisions of said constitutional provision.
Added by Laws 1992, c. 211, § 2, eff. July 1, 1992.
§11-22-152. Definitions.
For purposes of the Oklahoma Municipal Utility Revenue Bond Act
and the implementation of Section 27B of Article X of the Oklahoma
Constitution:
1. "Affirmative vote of at least three-fourths (3/4) of all
members of such governing body" shall mean an affirmative vote by
persons comprising not less than three-fourths (3/4) of the total
number of members provided by law, municipal ordinance or charter as
constituting the governing body of said municipality;
2. "Bond counsel" shall mean an attorney or firm of attorneys
qualified and experienced in public finance transactions, and who
renders an opinion as to the validity and enforceability of the
obligations issued pursuant to the Oklahoma Municipal Utility Revenue
Bond Act;
3. "Financial advisor" shall mean a person or firm qualified and
experienced in public finance transactions, and who renders advice
and counsel to the municipality regarding fiscal and marketing
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aspects pertaining to the obligations issued pursuant to the Oklahoma
Municipal Utility Revenue Bond Act. Provided, any such financial
advisor shall not be permitted to bid on, underwrite, purchase or
take part in the marketing of the obligations nor have any other
pecuniary interest therein, other than the fee negotiated with the
municipality for the services of such financial advisor;
4. "Improve" means to construct, reconstruct, maintain, restore,
replace, renew, repair, install, equip, extend, purchase, alter or
otherwise perform any work which provides a new facility, or
enhances, extends or restores the value or usefulness of an existing
facility;
5. "Improvement" means any type of improvement made by authority
of the Oklahoma Municipal Utility Revenue Bond Act and includes
reimprovement of any prior improvement made pursuant to the
provisions of this or any other applicable act;
6. "Municipality" shall mean any city or town duly incorporated
and validly existing pursuant to the laws of Oklahoma;
7. "Obligations" shall mean collectively, bonds, notes or other
evidences of indebtedness, or any of them, issued by a municipality
pursuant to Section 27B of Article X of the Oklahoma Constitution and
the provisions of the Oklahoma Municipal Utility Revenue Bond Act,
and may include refunding obligations;
8. "Public trust" shall mean an Oklahoma public trust created
pursuant to and existing in accordance with Sections 176 through
180.4 of Title 60 of the Oklahoma Statutes and which has the
municipality as a beneficiary; provided, for purposes of the Oklahoma
Municipal Utility Revenue Bond Act, "public trust" shall not include
a trust created for industrial purposes; and
9. "Qualified voters" or "voters" shall mean the voters of a
municipality duly qualified to vote in a special municipal election
on the issuance of bonds of the municipality or on the question of
making improvements to public utilities, under the laws, ordinances
and charter provisions applicable at the time such election is held.
As used in the Oklahoma Municipal Utility Revenue Bond Act, the
singular shall include the plural, and unless indicated herein,
defined words shall have the same meaning whether or not capitalized.
Added by Laws 1992, c. 211, § 3, eff. July 1, 1992.
§11-22-153. Authority to issue certain revenue bonds and obligations
- Limitations.
Any municipality may issue its obligations in the manner set out
in the Oklahoma Municipal Utility Revenue Bond Act in order to
finance, or to refinance, all or a part of the cost of the
acquisition, purchase or construction of, or the making of
improvements to any public utility owned or to be owned exclusively
by said municipality, and said obligations shall be payable from and
secured by the revenues resulting from the operation of the
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municipality's revenue-producing public utilities or any part
thereof. Provided, nothing herein shall authorize or be construed to
authorize a municipality to create a lien or mortgage on, or a
security interest in or with respect to such public utility or
utilities to secure said obligations. The obligations, when issued
and delivered, shall state on the face thereof that the revenue
indebtedness or contractual obligations created thereby are limited
obligations of the municipality payable from and secured by a lien
and charge on the revenues of funds pledged for their payment by the
governing body of the municipality and shall not constitute a general
indebtedness of the municipality, nor shall it invoke or require the
imposition of the general taxing power of such municipality.
Added by Laws 1992, c. 211, § 4, eff. July 1, 1992.
§11-22-154. Additional sources of security for utility revenue
obligations.
Nothing in the Oklahoma Municipal Utility Revenue Bond Act shall
prevent a municipality from dedicating sales taxes or other municipal
taxes as an additional source of payment and security for its utility
revenue obligations, provided that the dedication of such tax revenue
is approved by a majority of municipal voters voting at an election
held for that purpose, in the manner set out in Section 2701 of Title
68 of the Oklahoma Statutes and other applicable laws, on a ballot
question separate from the question of the issuance of revenue
obligations. Further, nothing in the Oklahoma Municipal Utility
Revenue Bond Act shall prevent a municipality from purchasing a
policy of municipal bond insurance, securing a rating on the
creditworthiness of the obligations, obtaining a letter of credit and
other such credit enhancement product generally utilized in the
public finance industry to further enhance and secure the
obligations, provided, that at the time of the securing of such
credit enhancement it reasonably appears to the governing body of the
municipality that such credit enhancement shall result in a reduction
in the amount of interest to be paid by the municipality over the
life of the obligations, taking into account the cost of such credit
enhancement. The dedication of such municipal taxes or the providing
of credit enhancement for the obligations shall be at the sound
discretion of the governing body of the municipality.
Added by Laws 1992, c. 211, § 5, eff. July 1, 1992.
§11-22-155. Submission of question of issuance of revenue
obligations to finance acquisition, purchase or construction of
public utility to voters.
Prior to and as a condition precedent to issuing revenue
obligations under the Oklahoma Municipal Utility Revenue Bond Act,
the governing body of a municipality shall submit the question of
issuance of revenue obligations to finance the acquisition, purchase
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or construction of a public utility or combination of public
utilities to qualified voters of the municipality at an election if:
1. The type or kind of public utility or utilities to be
financed have not heretofore been owned or operated by the
municipality or a public trust having the municipality as its
beneficiary; or
2. The question of the acquisition, construction or purchase of
the public utility or combination of utilities at issue has not been
previously approved by a lawful majority of qualified voters of the
municipality voting at an election held within ten (10) years of the
date of the election.
Added by Laws 1992, c. 211, § 6, eff. July 1, 1992.
§11-22-156. Submission of question of issuance of revenue
obligations to finance improvement of public utility to voters.
Prior to and as a condition precedent to issuing revenue
obligations under the Oklahoma Municipal Utility Revenue Bond Act,
the governing body of a municipality shall submit the question of
issuance of revenue obligations to finance improvements to a public
utility or combination of public utilities if:
1. The improvements are with respect to a public utility or
utilities owned by the municipality or by a public trust having the
municipality as its beneficiary at the time of the election; and
2. The original acquisition, purchase or construction of the
public utility or utilities on which improvements are to be made was
not approved by a lawful majority of qualified voters of the
municipality voting at an election for that purpose; or
3. The original acquisition, purchase or construction of the
public utility or utilities on which improvements are to be made was
not accomplished and financed by a public trust of which the
municipality is a beneficiary.
Added by Laws 1992, c. 211, § 7, eff. July 1, 1992.
§11-22-157. Approval issuance, sale and delivery of revenue
obligations.
A. Subject to the provisions of Sections 6 and 7 of this act,
upon the affirmative vote of at least three-fourths (3/4) of all the
members of the governing body, a municipality may borrow money or
issue obligations to finance or refinance acquisition, construction
or purchase of or the making of improvements to a public utility or
utilities.
B. Obligations issued and sold pursuant to the provisions of the
Oklahoma Municipal Utility Revenue Bond Act shall be in such
principal amounts and shall mature at such time as determined by the
municipal governing body, and shall bear interest at such annual rate
or rates as determined by the governing board of the municipality,
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provided the rate of interest on the obligations or any particular
maturity thereof, shall not exceed fourteen percent (14%) per annum.
C. Evidence of the issuance, sale and delivery of revenue
obligations under the Oklahoma Municipal Utility Revenue Bond Act
shall be provided by delivering (1) to the Secretary of State a
preliminary offering document and notice of sale at least ten (10)
business days prior to the date of sale thereof, and (2) to the
Secretary of State and the Oklahoma Securities Commission a final
offering document within fifteen (15) business days after the
delivery thereof.
D. In the proceedings leading to the approval, issuance, sale
and delivery of revenue obligations under the Oklahoma Municipal
Utility Revenue Bond Act, a private attorney or attorneys acting as
bond counsel and in other necessary capacities may be employed at a
fee to be negotiated by the municipality and such attorneys; and the
fees and expenses of such counsel may, at the option of the governing
body of the municipality, be paid from the proceeds of the
obligations or from other available sources.
E. The governing body of the municipality may also, at its
option, employ a financial advisor in connection with the issuance
and sale of the obligations at a fee to be negotiated by the
governing body and the financial advisor. Fees and expenses of the
financial advisor, if any are incurred, may be paid from the proceeds
of the obligations or from other available sources.
F. The obligations issued pursuant to the Oklahoma Municipal
Utility Revenue Bond Act shall be sold at competitive bid, to the
bidder bidding the lowest net interest cost on the obligations or the
lowest true interest cost as the governing body shall direct. Notice
of the sale of the obligations shall be published at least ten (10)
days prior to the sale thereof, and such notice by publication shall
include publication once a week for two (2) consecutive weeks in a
legally qualified newspaper of general circulation in the
municipality, provided that the date specified in the notice for sale
of the obligations shall not be less than ten (10) days after the
first publication thereof. The notice of sale shall state that the
municipality reserves the right to reject any and all bids.
Provided, however, competitive bidding may be waived upon an
affirmative vote of the governing body. The governing body thereupon
may negotiate for the private sale of the obligations to an
underwriter or other purchaser or purchasers if it has received the
written opinion of bond counsel that such negotiated sale is in
accordance with the terms and provisions of the Oklahoma Municipal
Utility Revenue Bond Act, and contravenes no other provisions of
applicable law.
G. The obligations may, at the election of the governing body,
be sold at a discount; provided that no obligations shall be sold for
less than ninety-six percent (96%) of par value until the governing
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body has received from the underwriter or financial advisor, or in
the absence of an underwriter or financial advisor, the initial
purchaser of such bonds, an estimated alternative financing structure
or structures showing the estimated total interest and principal cost
of each alternative. At least one alternative financing structure
shall include bonds sold to the public at par. Such estimates shall
be considered a public record. In no event shall bonds be sold for
less than sixty-five percent (65%) of par value. Said net interest
cost or true interest cost shall include and take into consideration
any discount or premium bid on the obligations.
H. It shall be a further condition to the issuance and sale of
revenue obligations hereunder that the municipality establish and
maintain for the particular utility or utilities providing revenues
to repay the obligations a separate system of accounting for such
revenues in order that the governing body of the municipality may
accurately and reliably determine from year to year the sufficiency
of rates, charges and amounts of revenues derived from such utilities
and available to pay debt service and other costs related to the
obligations. Such enterprise accounts shall be clearly identified in
the annual audits of the municipality.
Added by Laws 1992, c. 211, § 8, eff. July 1, 1992.
§11-22-158. General obligation bonds not authorized without vote of
citizens.
Nothing in this act shall authorize general obligation bonds
without a vote of the citizens of the municipality.
Added by Laws 1992, c. 211, § 9, eff. July 1, 1992.
§11-22-159. Municipal support of public school systems.
Municipalities may support any public school system located in
whole or in part within the corporate limits of the municipality or
any public school system located outside and completely surrounded by
the corporate limits of the municipality, including without
limitation by the expenditure of municipal revenues for construction
or improvement of public school facilities. In furtherance of
municipal support for any public school system, as authorized by this
section, the municipal governing body may take all actions necessary
to effectuate such support.
Added by Laws 1999, c. 217, § 5, eff. Nov. 1, 1999. Amended by Laws
2010, c. 457, § 8.
§11-22-161. Short title.
This act shall be known and may be cited as the "Municipal Motor
Vehicle Racing Act".
Added by Laws 2011, c. 19, § 1.
§11-22-162. Definitions.
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For the purposes of this act:
1. "Racing event" means a motor vehicle race which is sanctioned
by a nationally or internationally recognized racing organization and
includes the preparations, practices, and qualifications for the
race;
2. “Municipality” means any municipality in this state with a
population exceeding three hundred thousand (300,000) according to
the most recent Federal Decennial Census;
3. “Public trust” means a public trust created pursuant to
Section 176 et seq. of Title 60 of the Oklahoma Statutes whose sole
beneficiary is the municipality;
4. “Racing event area” means all public areas, including,
without limitation, public highways, streets, alleys, sidewalks,
public parking areas, lots, garages, public buildings, and public
parks within the jurisdiction of the municipality that are the
subject of any issued permit; and
5. “Motor vehicle” means a motorized vehicle designed to be
driven on pavement such as streets or highways.
Added by Laws 2011, c. 19, § 2.
§11-22-163. Racing event permit.
A. A municipality or public trust may provide for the issuance
of a permit to conduct a racing event on or within a racing event
area located within the limits of the municipality. No person may
conduct a racing event on or within a racing event area located in a
municipality unless a permit has been issued which runs for the same
time period as any contract for conducting the race.
B. Prior to the issuance of a permit under this act, the
municipality shall determine that:
1. The applicant has adequate insurance to pay any damages
incurred because of loss of or injury to any person or property;
2. The applicant has demonstrated experience in conducting a
racing event on a highway or street or in a park;
3. Adequate security and necessary facilities will be provided
during the racing event, and
4. The applicant has demonstrated the ability to protect the
health, safety, and welfare of the citizens of the municipality and
those persons attending the racing event.
C. A municipality may charge a reasonable fee for the issuance
of a permit pursuant to this act.
D. A person who is issued a permit pursuant to this act may do
all of the following for the purposes of a racing event conducted
pursuant to this act:
1. Limit access to the racing event area, including, without
limitation, any racing event area from which the racing event may be
viewed;
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2. Provide for viewing areas and pit areas or any other area on
or within the racing event area necessary to the conduction of the
racing event;
3. Charge admission fees to persons viewing the race or entering
the racing event area; and
4. Take any other action reasonably necessary for the purposes
of a racing event pursuant to this section.
E. A person who is issued a permit pursuant to this act shall:
1. Reasonably protect private property rights;
2. Not prevent access to governmental facilities; and
3. Provide for the restoration of the racing event area,
including all public highways, streets, alleys, sidewalks, parking
areas, parking lots, garages, public buildings and public parks to a
substantially similar condition as existed before the racing event so
that the racing event areas are suitable for normal use. The
restoration of any asphalt or paving shall occur after the expiration
of the permit or, if a race does not occur, within twenty-four (24)
months of the running of the previous race.
F. With respect to any racing event held pursuant to this act, a
municipality may:
1. Provide for the temporary closing or obstructing of the
racing event areas located within the municipality;
2. Reroute pedestrian and vehicular traffic; and
3. Waive ordinances and traffic regulations, including
ordinances and regulations providing for speed limits and traffic
control devices.
G. A municipality that issues a permit pursuant to this act
shall not be liable for any damages that may result from the racing
event because of loss of or injury to any person or property. After
a permit is issued, the state or county shall not be liable for any
damages that may result from the racing event because of loss of or
injury to any person or property. If a municipality, a county, or
the state is insured against liability for damages for any negligent
or wrongful act, omission, or occurrence resulting from a racing
event, the provisions of this subsection do not apply to the extent
of such coverage provided by the insurance policy.
H. A racing event held pursuant to this act and the actions of
the municipality or the permit holder taken pursuant to this act
shall not be considered or found to be a public or private nuisance.
I. A racing event held pursuant to this act and any action taken
by a municipality or a permit holder pursuant to this section shall
be considered as being for public purposes, including the promotion
of commerce and tourism, and for the benefit of the citizens of the
municipality and the state.
J. A permit issued pursuant to this act shall not be construed
in any way to restrict the use of private property.
Added by Laws 2011, c. 19, § 3.
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§11-23-101. Municipality to defend municipal employees in certain
legal actions.
A. Unless otherwise provided for in the Governmental Tort Claims
Act, if an action is brought against a municipal employee in any
civil action or special proceeding in the courts of this state or of
the United States by reason of any act done or omitted in good faith
in the course of employment, the governing body of the municipality
shall direct the municipal attorney or other designated legal counsel
to appear and defend the action or proceeding on the behalf of the
employee in accordance with the provisions of Section 23-102 of this
title. The municipal governing body shall not designate an attorney
to represent a municipal employee if that employee did not perform a
statutorily required duty and such duty is a basis of the civil
action or special proceeding.
B. The municipal governing body may direct its attorney to
intervene in any action or proceeding and to appear on behalf of the
municipality, or any of its officers or employees, if the governing
body deems the municipality to have an interest in the subject matter
of the litigation.
C. A municipality may indemnify its employees for actual
damages, fees and costs in accordance with the Governmental Tort
Claims Act.
Laws 1977, c. 256, § 23-101, eff. July 1, 1978; Laws 1984, c. 126, §
48, eff. Nov. 1, 1984; Laws 1992, c. 371, § 3, eff. July 1, 1992.
§11-23-102. Defense of municipal employees - Procedure for request
and defense.
If a municipality is to defend a municipal employee in a civil
action or special proceeding as provided for in Section 23-101 of
this title, the following procedure shall apply:
1. The employee shall make a written request to the governing
body of the municipality within ten (10) days after service of
summons on the employee. A copy of the request shall be transmitted
by the employee to his immediate supervisor and to the municipal
attorney or other designated legal counsel;
2. Before any defense is initiated, an inquiry shall be made by
the municipal governing body of the facts upon which the action or
special proceeding is based. Unless the governing body determines
that the employee was acting in good faith and in the course of his
employment, representation shall not be provided pursuant to the
provisions of Section 23-101 of this title;
3. Upon the decision of the municipal governing body to provide
representation for the employee, it shall direct an attorney to
appear and defend the action. Said attorney shall determine the
method of preparation and presentation of the defense and shall not
be held civilly liable for the exercise of such discretion;
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4. The employee named in the action may employ private counsel
at his own expense to assist in his defense;
5. It shall be the duty of any municipal law enforcement agency
to provide investigators at the request of the designated attorney to
assist him in implementing the provisions of this section;
6. No findings or reports of the municipal governing body, the
designated attorney, or persons making inquiry subject to their
direction pursuant to the provisions of this section shall be
discoverable or admissible as evidence in any such action or special
proceeding, and no reference thereto shall be made in any such trial
or hearing; and
7. Any officer or employee who acts outside the scope of his
official authority shall be liable for damages in the same manner as
any private citizen.
Amended by Laws 1984, c. 126, § 49, eff. Nov. 1, 1984.
§11-23-103. Cost of litigation when municipality defends municipal
employee.
The cost of litigation in any case for which representation is
provided pursuant to Sections 23-101 and 23-102 of this title shall
be paid by the municipality. Cost of litigation shall include, but
is not limited to, court cost, deposition expenses, travel and
lodging, witness fees and other similar costs; except that this
section shall not be construed as authorizing the payment by the
municipality of any judgment making an award of monetary damages.
Laws 1977, c. 256, § 23-103, eff. July 1, 1978.
§11-23-103.1. Employee defined.
As used in Sections 23-101 through 23-103 of this title, employee
means any person who is acting or who has acted in behalf of a
political subdivision or an agency whether that person is acting on a
permanent or temporary basis, with or without being compensated or on
a full-time or part-time basis. Employee also includes all elected or
appointed officers, members of governing bodies and other persons
designated to act for an agency or political subdivision, but shall
not include independent contractors.
Laws 1979, c. 44, § 6, emerg. eff. April 9, 1979.
§11-23-105. Ambulance service - Liability insurance - Employee
benefits.
A. The governing body of any municipality or county may contract
for ambulance service with the state or any of its agencies or any
other municipality, county, person, firm, or corporation or
combination thereof subject to such terms and conditions as may be
agreed upon between the parties or in accordance with the
requirements of the Interlocal Cooperation Act. Such contracts, if
with a person, firm, or corporation, shall provide for the carrying
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of liability insurance in a sum of not less than the risk of
liability of the municipality pursuant to the provisions of Section
154 of Title 51 of the Oklahoma Statutes.
B. Any employee of a municipality, county, or public trust,
engaging in ambulance or emergency service provided by the employer
shall be entitled to all benefits of any pension fund or insurance
benefits to which such employee might otherwise be entitled. If the
employee of any city, town, county, or public trust performs
ambulance or emergency service in his off-duty hours in addition to
such employee's principal employment, the time spent in such
additional duty shall not be counted toward the person's pension and
the compensation received shall not be used to calculate the pension
that person may receive at some future time.
Amended by Laws 1984, c. 126, § 50, eff. Nov. 1, 1984.
§11-23-108. Hospital, health, life and accident insurance for
municipal employees and retirees.
A. A municipality may provide hospital and medical benefits,
accident, health, and life insurance, or any of the aforesaid,
through any company authorized to do business in Oklahoma, for any or
all of its officers or employees and their dependents, whether the
officers or employees are engaged in a governmental or
nongovernmental function of the municipality. A municipality may
also provide such benefits when an officer or employee is ordered by
proper authority to active duty in the National Guard or Reserve
Corps of the Armed Forces of the United States. The municipality may
pay a portion or all of the premiums from any municipal general
funds, and may deduct from the wages or salary of any such officer or
employee, upon written authority signed by the officer or employee,
amounts for the payment of all or any portion of the monthly premium
for same.
B. 1. For the purposes of and as used in this subsection:
a. "affected municipality" means a municipality that
provides hospital and medical benefits, accident and
health insurance, or any of the aforesaid, for any or
all of its officers or employees and their dependents
pursuant to the provisions of subsection A of this
section,
b. "health insurance plan" means the hospital and medical
benefits, accident and health insurance, or any of the
aforesaid, provided by an affected municipality to its
officers or employees pursuant to the provisions of
subsection A of this section,
c. "retired employee" means any officer or employee of an
affected municipality who receives a continuing benefit
pursuant to the provisions of the Oklahoma Public
Employees Retirement System, a municipal retirement
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system authorized pursuant to the provisions of Section
48-101 et seq. of this title, the Oklahoma Firefighters
Pension and Retirement System, or the Oklahoma Police
Pension and Retirement System, and who began receiving
the benefits immediately after termination of
employment, taking into consideration any
administrative delays in establishing said continuing
benefits, with an affected municipality, provided that
the phrase "retired employee" shall include elected
officers that have served eight (8) or more years with
an affected municipality and the survivor of the
elected officer or officer or employee, and
d. "survivor" means a survivor of a retired employee who
would have been eligible to make the election
authorized by this subsection and shall be determined
in accordance with the applicable rules of the
retirement system from which said retired employee
qualified to receive benefits. Provided, "survivor"
shall also mean the surviving spouse or the surviving
minor child or children of a person who was an employee
or elected official of an affected municipality on or
after July 1, 1992, and who continuously participated
in the hospital and medical benefits insurance plan of
the affected municipality at the time of the death of
the employee.
2. Notwithstanding any other state or federal law, a retired
employee may continue to elect coverage under any health insurance
plan offered by the affected municipality that last employed the
retired employee, including any health plans targeted for retirees
and Medicare eligible retirees.
3. To participate in the health insurance plan offered by a
retired employee's affected municipality, the retired employee shall
elect to participate in the health insurance plan within thirty (30)
days from the date of termination of employment with the affected
municipality.
4. The retired employee who participates in the health insurance
plan pursuant to this subsection shall pay up to the full cost of the
health insurance plan at the rates and pursuant to the terms and
conditions established by the affected municipality,provided the
amount of the retired employee's premiums and dependent premiums for
said health insurance plan paid by said retired employee who is under
sixty-five (65) years of age shall be no greater than one hundred
twenty-five percent (125%) of the amount of the officer or employee
premiums and dependent premiums for the health insurance plan paid by
or on behalf of an officer or employee who is currently employed by
the affected municipality.
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5. An affected municipality that offers a health insurance plan
in accordance with this section to its officers or employees and
dependents shall offer a health insurance plan to those retired
employees and their dependents who elect to participate in the health
insurance plan in accordance with this subsection unless the retired
employee or dependent is sixty-five (65) years of age or older and/or
qualifies for Medicare.
6. An affected municipality that provides a health insurance
plan to retired employees pursuant to this subsection may offer one
or more, or a combination of one or more of the following health care
options or plans in supplement or as an alternate to traditional
Medicare coverage: a coordination of benefits plan, a Medicare
supplement (Medigap) plan, a Medicare Advantage plan (with or without
an optional Medicare Part D prescription drug plan), a Medicare Part
D prescription drug plan, or other similar health care options or
plans approved by the federal government's Centers for Medicare and
Medicaid Services, to those retired employees and their dependents
who are sixty-five (65) years of age or older and/or qualify for
Medicare.
7. An affected municipality which participates in the plan or
plans offered by the State and Education Employees Group Insurance
Board shall not be subject to the provisions of this subsection so
long as the participation continues.
8. If a retired employee who retires from an affected
municipality that participates in a municipal retirement system
authorized pursuant to the provisions of Section 48-101 et seq. of
this title does not receive a continuing benefit from the municipal
retirement system because of a lump sum distribution from the
retirement system to the retired employee or because the municipal
retirement system is discontinued, the retired employee shall be
entitled to make the election authorized pursuant to this subsection
if the retired employee was employed by the affected municipality for
at least eight (8) years or was disabled due to a line-of-duty injury
while employed by and unable to continue similar employment with the
affected municipality.
C. Public and private educational institutions of the state not
supported by any state appropriated funds may purchase annuity
contracts for any of their full-time officers and employees from any
insurance company organized and operated without profit to any
private shareholder or individual exclusively for the purpose of
aiding and strengthening educational institutions, whether or not
such company be authorized to do business in Oklahoma.
Added by Laws 1977, c. 256, § 23-108, eff. July 1, 1978. Amended by
Laws 1991, c. 232, § 2, emerg. eff. May 24, 1991; Laws 1992, c. 386,
§ 1, eff. July 1, 1992; Laws 1993, c. 50, § 1, emerg. eff. April 9,
1993; Laws 1995, c. 53, § 1, emerg. eff. April 10, 1995; Laws 2004,
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c. 515, § 4, eff. July 1, 2004; Laws 2014, c. 47, § 1, eff. Nov. 1,
2014.
§11-23-109. Ordinance to establish employee benefit program.
The municipal governing body may enact an ordinance for the
establishment of an employee benefit program to encourage outstanding
performance in the workplace. The ordinance shall provide for the
expenditure of funds for the purchase of recognition awards for
presentation to an employee or members of a work unit.
Added by Laws 2018, c. 188, § 2.
§11-24-101. Short Title.
Short Title. This act shall be known and may be cited as the
"Oklahoma Municipal Power Authority Act".
Laws 1981, c. 218, § 1, emerg. eff. June 2, 1981.
§11-24-102. Legislative Findings and Declaration of Necessity.
Legislative Findings and Declaration of Necessity. It is
declared that the provision of adequate, reliable and economic
sources of electrical energy is in the public interest; that there is
a need to establish a means by which municipalities and public trusts
operating municipal electric systems may jointly plan, finance, own
and operate facilities relating to electrical energy and acquire fuel
and other supplies for the generation of electrical energy through
the creation of a power authority in order to achieve economies and
efficiencies not possible for municipalities and public trusts acting
alone; that the joint planning, financing, ownership and operation of
facilities relating to electrical energy, the acquisition of fuel and
other supplies for the generation of electrical energy and the
issuance of revenue bonds as provided herein is for a public use and
serves a valid public purpose; and that the Legislature finds it
necessary and proper to provide a method for municipalities and
public trusts operating municipal electric systems to jointly plan,
finance, develop, own or operate, either by themselves or with other
public agencies, utilities or persons, facilities appropriate to the
present and projected needs of such municipalities and public trusts
for electrical energy. It is further declared that the intent of
this act is to consider all methods for the generation of electrical
energy and to provide such energy in the most economical manner
available.
Laws 1981, c. 218, § 2, emerg. eff. June 2, 1981.
§11-24-103. Creation of the Authority.
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
D$,$$)"!!"$ '3 " :$&77
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.
Laws 1981, c. 218, § 3, emerg. eff. June 2, 1981.
§11-24-104. Members.
Members. (a) (i) Election Committee. The Authority shall be
governed by a Board of Directors consisting of seven members or such
greater number, but in no event more than eleven members, as provided
in the bylaws of the Authority as in effect from time to time.
Members of the Board of Directors of the Authority shall be eligible
to succeed themselves and shall be elected by the election committee
as hereinafter provided in this section. On or before the 90th day
following the effective date of this act, each of those eligible
public agencies which shall have, prior to such 90th day, by proper
resolution of its governing body or its public trust, declared its
intention to participate, or to have any public trust operating its
electric system participate, with the Authority in the development of
power supply resources, shall designate one person as its
representative on the election committee. All such resolutions of
declaration of intention to participate with the Authority shall be
filed with the Secretary of State and shall be presented to the
election committee at its first meeting which shall be held in the
office of the Municipal Electric Systems of Oklahoma at 11:00 a.m. on
the first Tuesday following such 90th day. At such meeting the
election committee shall organize and elect a chairman and such other
officers as may be desirable in the determination of the election
committee. The election committee shall then determine the
sufficiency of the resolutions presented to it.
(ii) Election Committee Voting. For purposes of voting upon any
matter which may properly come before the election committee, each
representative shall have one vote unless otherwise provided in the
bylaws of the Authority as in effect from time to time. The presence
at any meeting of the election committee of representatives entitled
to cast a majority of the total votes to which the election committee
shall be entitled shall, unless otherwise provided in the bylaws of
the Authority as in effect from time to time, constitute a quorum of
the election committee.
(iii) Bylaws of the Authority.
(A) The bylaws of the Authority shall be adopted by
the election committee of the Authority by a majority vote of the
election committee and may thereafter be amended at any time and from
time to time in whole or in part by the election committee or by the
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Board of Directors by a majority of the total votes entitled to be
cast at any properly called and constituted meeting thereof,
provided, however, that any such amendment shall not violate the
provisions of Section 19 hereof.
(B) The bylaws of the Authority shall provide the
following:
(1) the time, place, manner of calling, notice,
quorum and voting provisions, and other procedural rules for regular
and special meetings of the election committee of the Authority;
(2) the time, place, manner of calling, notice,
quorum and voting provisions, and other procedural rules for regular
and special meetings of the Board of Directors of the Authority;
(3) provisions for the number, election, term of
office and removal of members of the Board of Directors and for
filling vacancies on the Board of Directors;
(4) the titles, duties and manner of election,
removal and replacement of officers of the Authority;
(5) provisions governing when the Authority may
dissolve and the disposition of property of the Authority and the
procedures to be followed in the event of such a dissolution,
provided, however, that any such dissolution shall not violate the
provisions of Section 19 hereof; and (6) such other rules for
regulating the affairs of the Authority as the election committee or
the Board of Directors may deem necessary or advisable.
(iv) Board of Directors. The initial members of the Board of
Directors of the Authority shall be elected by the election committee
of the Authority. Members of the Board of Directors of the Authority
shall be residents of the State of Oklahoma. Members of the Board of
Directors of the Authority may, but need not, be members of the
election committee. Each member of the Board of Directors of the
Authority shall hold office until the adjournment of the annual
meeting of the Board of Directors held at, or nearest to, the
expiration of his term of office as provided in the bylaws of the
Authority and until his successor is elected.
(b) Additional Members of Election Committee. Each eligible
public agency declaring its intention, by proper resolution of its
governing body, to participate, or to have any public trust operating
its electric system participate, with the Authority in the
development of power supply resources after the 90th day following
the effective date of this act shall promptly file such resolution
with the Secretary of State and give written notice to the Authority
of the adoption of such resolution and shall then designate one
person as an additional member of the election committee whose term
shall begin with the first meeting of the election committee which is
held following the expiration of ten (10) days from the date of
receipt of notice of the adoption of such resolution by the
Authority. Members of the election committee shall serve at the
D$,$$)"!!"$ '3 " :$&
pleasure of the governing body of the eligible public agency by which
they were appointed.
Laws 1981, c. 218, § 4, emerg. eff. June 2, 1981. de
§11-24-105. Definitions.
Definitions. As used in this act the following words shall have
the following meanings unless the context clearly indicates
otherwise:
(a) "Authority" shall mean the Oklahoma Municipal Power
Authority hereby created and any successor or successors thereto. Any
change in name or composition of the Authority shall in no way affect
the vested rights of any person under the provisions of this act or
impair the obligations of any contracts existing under this act.
(b) "Board of Directors" shall mean the Board of Directors
elected by the election committee as set forth in Section 4 of this
act which shall exercise all the powers and manage and control all
the affairs and property of the Authority unless otherwise
specifically provided herein or in the bylaws of the Authority as in
effect from time to time.
(c) "Bonds" shall mean any revenue bonds, notes or other
evidences of obligations of the Authority issued by the Authority
under the provisions of this act, including, without limitation, bond
anticipation notes and refunding bonds.
(d) "Eligible public agency" shall mean any municipality,
authority or other public body which owns, maintains or operates an
electrical energy generation, transmission or distribution system
within the State of Oklahoma on the date on which this act becomes
law.
(e) "Person" shall mean (i) any natural person; (ii) any
eligible public agency as defined herein; (iii) any public trust as
defined herein; (iv) the United States, any state, any municipality,
political subdivision, municipal corporation, unit of local
government, governmental unit or public corporation created by or
pursuant to the laws of the United States or any state, or any board,
corporation or other entity or body declared by the laws of the
United States or any state to be a department, agency or
instrumentality thereof; (v) any corporation, not for profit
corporation, firm, partnership, cooperative association, electric
cooperative or business trust of any nature whatsoever organized and
existing under the laws of the United States or any state; or (vi)
any foreign country, any political subdivision or governmental unit
of any foreign country or any corporation, not for profit
corporation, firm, partnership, cooperative association, electric
cooperative or business trust of any nature whatsoever organized and
existing under the laws of any foreign country or of any political
subdivision or governmental entity thereof.
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(f) "Project" shall mean any plant, works, system, facilities
and real and personal property of any nature whatsoever, together
with all parts thereof and appurtenances thereto, located within or
without the State of Oklahoma, used or useful in the generation,
production, transmission, purchase, sale, exchange or interchange of
electrical energy and in the acquisition, extraction, processing,
transportation or storage or of fuel of any kind for any such
purposes or any interest in, or right to the use, services, output or
capacity, of any such plant, works, system or facilities; provided,
however, a project shall not include (i) any interest in any plant
for the generation of electrical energy which is to be owned jointly
with any investor-owned utility if such plant is not existing on May
10, 1981, or (ii) any interest in any nuclear powered generating
plant. For purposes of this definition, a plant shall be considered
to be existing if construction shall have been commenced at the plant
site, if orders have been placed for major components of equipment or
if the plant is to consist of an additional unit at the site of an
already existing unit which will use in common any of the existing
facilities at such site.
(g) "Public trust" shall mean any public trust created and
existing under the provisions of the Trusts for Furtherance of Public
Functions Law, as provided by Sections 176 et seq. of Title 60 of the
Oklahoma Statutes, and the Oklahoma Trust Act, as provided by
Sections 175 et seq. of Title 60 of the Oklahoma Statutes, which has
as its beneficiary a municipality and which owns, maintains or
operates an electrical energy generation, transmission or
distribution system serving the residents and consumers of such
municipality and existing on the date on which this act becomes law
or created hereafter with an eligible public agency as the
beneficiary.
Laws 1981, c. 218, § 5, emerg. eff. June 2, 1981. de
§11-24-105.1. Electric generation project - Joint interest -
Exception.
Notwithstanding the provisions of subsection (f) of Section 24-
105 of Title 11 of the Oklahoma Statutes that prohibits joint
ownership in any plant for the generation of electric energy with any
investor-owned utility that did not exist on May 10, 1981, the
Oklahoma Municipal Power Authority is hereby authorized to own a
joint interest in any electric generation project, except any nuclear
generating plant.
Added by Laws 2001, c. 397, § 2, emerg. eff. June 4, 2001.
§11-24-106. Public Property.
Public Property. It is hereby found, determined, and declared
that the creation of the Authority and the carrying out of its
corporate purposes are in all respects for the benefit of the people
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of this state and that the Authority is an institution of purely
public charity performing an essential governmental function and all
property of said Authority (including the Authority's interest in any
property held jointly with any other person) is hereby declared and
shall in all respects be considered to be public property and title
to such property shall be held by the Authority only for the benefit
of the public and the use of such property pursuant to the terms of
this act shall be and is hereby declared to be for essential public
and governmental purposes, that is, for the promotion of public
general welfare in the matter of providing an adequate, dependable
and economic electric power supply in an effort to better the general
condition of the residents of the State of Oklahoma, and all of the
property of and income, obligations and interest on all the bonds and
notes of the Authority and the transfer thereof shall be and hereby
are declared to be nontaxable for any and all purposes by the State
of Oklahoma or any of its political subdivisions.
Laws 1981, c. 218, § 6, emerg. eff. June 2, 1981. der
§11-24-107. Powers, rights and privileges of Authority.
(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 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.
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(f) The Authority may perform any act authorized by this 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 this act, 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 State
Bond Advisor 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
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
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energy, transmission services, power supply development services or
other services within or without the State of Oklahoma 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 this 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
the State of Oklahoma, 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 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
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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 this
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 Constitution of the State of Oklahoma or the United States
Constitution, 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 this 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, (ii) to any municipality which does not
qualify as an eligible public agency under the definition set forth
in subsection (d) of Section 24-105 of this title, or (iii) to any
trust created and existing under the provisions of the Local
Industrial Development Act, as provided by Sections 651 et seq. of
Title 62 of the Oklahoma Statutes, or the Trusts for Furtherance of
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Public Functions Law, as provided by Sections 176 et seq. of Title 60
of the Oklahoma Statutes, which does not qualify as a public trust
under the definition set forth in subsection (g) of Section 24-105 of
this title.
Added by Laws 1981, c. 218, § 7, emerg. eff. June 2, 1981. Amended
by Laws 2006, c. 123, § 1, eff. Nov. 1, 2006.
§11-24-108. Issuance of bonds.
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.
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
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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.
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.
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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
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;
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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 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
D$,$$)"!!"$ '3 " :$&
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.
Added by Laws 1981, c. 218, § 8, emerg. eff. June 2, 1981. Amended
by Laws 1983, c. 310, § 1, eff. Nov. 1, 1983; Laws 2006, c. 123, § 2,
eff. Nov. 1, 2006.
§11-24-109. Judicial Determination by Supreme Court of Validity of
Bonds, Contracts and Other Acts - Notice.
Judicial Determination by Supreme Court of Validity of Bonds,
Contracts and Other Acts--Notice. The Authority is authorized in its
discretion to file an application with the Supreme Court of Oklahoma
for approval by said court of any bonds to be issued under this act,
or to file a petition for a judgment determining the validity of any
proposed contract or action arising from the exercise of any of the
powers, rights, privileges and functions conferred upon the
Authority, eligible public agencies or public trusts under this act;
and exclusive original jurisdiction is hereby conferred upon the
Supreme Court to hear and determine each such application or
petition. It shall be the duty of the court to give such
applications and petitions precedence over the other civil business
of the court except habeas corpus proceedings, and to consider and
pass upon the applications and petitions and any protests which may
be filed thereto as speedily as possible. Notice of the hearing on
each application and petition shall be given by a notice published in
a newspaper of general circulation in the state that on a day named
the Authority will ask the court to hear its application and approve
the bonds, or hear its petition and enter a declaratory judgment.
Such notice shall inform property owners, taxpayers, ratepayers,
citizens and all persons having or claiming any right, title or
interest in such matter or properties or funds to be affected by the
issuance of such bonds, or proposed contract or action, or affected
in any way thereby, that they may file protests against the issuance
of the bonds, the validity of the contracts or action, or the
declaratory judgment, and be present at the hearings and contest the
legality thereof. Such notice shall be published one time not less
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than ten (10) days prior to the date named for the hearing and the
hearing may be adjourned from time to time in the discretion of the
court. If the court shall be satisfied that the bonds have been
properly authorized in accordance with this act and that, when
issued, they will constitute valid obligations in accordance with
their terms, the court shall render its written opinion approving the
bonds, and shall, upon application of the Authority, also issue an
order permanently enjoining all persons described in the aforesaid
notice from thereafter instituting any action or proceeding
contesting the validity of such bonds, or of the rates, fees or
charges authorized to be charged for the payment thereof, or the
pledge of revenues, monies, securities, contract rights or other
personal property to secure such payment, and shall fix the time
within which a petition for rehearing may be filed. If the court
shall be satisfied that the proposed contract or action is in
accordance with this act, the court shall enter a judgment approving
and declaring such contract or action to be valid, and shall, upon
application of the Authority, also issue an order permanently
enjoining all persons described in the aforesaid notice from
thereafter instituting any action or proceeding contesting the
validity of such contract or action, and shall fix the time within
which the petition for rehearing may be filed. The decision of the
court shall be a judicial determination of the validity of the bonds,
shall be conclusive as to the Authority, its officers and agents, and
thereafter the bonds so approved and the revenues, monies,
securities, contract rights or other personal property pledged to
their payments shall be incontestable in any court in the State of
Oklahoma, and any declaratory judgment on any contract or action of
the Authority, any eligible public agency or any public trust entered
pursuant to this section shall have the force and effect of a final
judgment or decree.
Laws 1981, c. 218, § 9, emerg. eff. June 2, 1981.
§11-24-110. Eminent Domain.
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
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
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domain shall be a continuing power, and no exercise thereof shall
exhaust it.
Laws 1981, c. 218, § 10, emerg. eff. June 2, 1981.
§11-24-111. Legal Investments.
Legal Investments. The bonds herein authorized are hereby made
securities in which all public officers and bodies of this state and
all political subdivisions, all insurance companies and associations,
and other persons carrying on an insurance business, all banks,
bankers, trust companies, savings banks and savings associations,
including savings and loan associations, building and loan
associations, investment companies and other persons carrying on a
banking business, all administrators, guardians, executors, trustees
and other fiduciaries and all other persons whatsoever who are now or
may hereafter be authorized to invest in bonds or other obligations
of the state may properly and legally invest funds including capital
in their control or belonging to them. The bonds are also hereby
made securities which may be deposited with and shall be received by
all public officers and bodies of this state and all political
subdivisions for any purpose for which deposit of bonds or other
obligations of this state is now or may hereafter be authorized.
Laws 1981, c. 218, § 11, emerg. eff. June 2, 1981.
§11-24-112. Powers of Eligible Public Agencies and Public Trusts.
Powers of Eligible Public Agencies and Public Trusts.
(a) In order to accomplish the purposes of this act, any
eligible public agency, subject to the restrictions of Article 10,
Sections 17, 26 and 27 of the Constitution of the State of Oklahoma,
or any public trust may enter into and carry out contracts and
agreements for the purchase from the Authority of power and energy,
transmission services, power supply development services and other
services.
(i) Each such contract and agreement shall be for such
period and shall contain such other terms, conditions and provisions,
not inconsistent with the provisions of this act, as the Board of
Directors of the Authority shall approve, including, without
limitation, provisions whereby the eligible public agency or public
trust is obligated to pay for the products and services of the
Authority without set-off or counterclaim and irrespective of whether
such products or services are furnished, made available or delivered
to the eligible public agency or public trust or whether any project
contemplated by any such contract and agreement is completed,
operable or operating, and notwithstanding suspension, interruption,
interference, reduction or curtailment of the products and services
of such project.
(ii) Each such contract and agreement may be pledged by the
Authority to secure its obligations and may provide that if one or
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more eligible public agencies or public trusts defaults in the
payment of its obligations under such contract and agreement, the
remaining eligible public agencies and public trusts having such
contracts and agreements shall be required to pay for and shall be
entitled proportionately to use or otherwise dispose of the products
and services which were to be purchased by the defaulting eligible
public agency or public trust.
(iii) Each such contract and agreement shall be a limited
obligation of an eligible public agency or public trust payable from
and may be secured by a pledge of, and lien and charge upon, all or
any part of the revenues derived or to be derived from the ownership
and operation of its electric or other integrated utility system as
and, if so provided in such contract or agreement, shall be an
expense of operation and maintenance thereof, and shall not
constitute an indebtedness of such eligible public agency or public
trust for the purpose of any statutory limitation.
(iv) Nothing in this act shall be construed to preclude an
eligible public agency or public trust from appropriating and using
taxes and other revenues received in any year to make payments due or
to comply with covenants to be performed during that year under any
contract or agreement entered into as contemplated in this act.
(b) Any such contract or agreement may include provisions for
the sale of output and services of a particular project or for output
and services generally without regard to a specific project and for
the supply of a specific quantity of output or a percentage of the
output of a specific project or other specific facilities or for the
supply of output based upon the requirements of the purchaser and on
such other terms and conditions as the Board of Directors and the
contracting or agreeing party deem appropriate.
(c) In the event of any failure or refusal on the part of the
eligible public agency or public trust to perform punctually any
covenant or obligation contained in any such contract, the Authority
may enforce performance by any legal or equitable process, including
specific performance.
Laws 1981, c. 218, § 12, emerg. eff. June 2, 1981. de
§11-24-113. Rents, Rates and Other Charges; Corporation Commission
Exemption.
Rents, Rates and Other Charges; Corporation Commission Exemption.
The Authority may establish, levy and collect or may authorize, by
contract, franchise, lease or otherwise, the establishment, levying
and collection of rents, rates and other charges for the products and
services afforded by the Authority or by or in connection with any
project which it may construct, acquire, own, operate or control or
with respect to which it may have any interest or any right to the
products and services thereof as it may deem necessary, proper,
desirable or reasonable. Rents, rates and other charges shall be at
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least sufficient to meet the operation, maintenance and other
expenses thereof, including reasonable reserves, interest and
principal payments, including payments into one or more sinking funds
for the retirement of principal, to comply with all terms and
provisions of the bond resolution, trust indenture or other security
agreement relating to the bonds issued in connection with any
project, to accumulate any excess income which may be required by the
purchasers of such bonds or may be dictated by the requirements of
such bond resolution, trust indenture or security agreement for
achieving ready marketability of and low interest on such bonds and
to generate funds sufficient to fulfill the terms of any other
contracts or agreements made by the Authority. The Authority may
pledge its rates, rents and other revenue, or any part thereof, as
security for the repayment, with interest and premium, if any, of any
monies borrowed by it or advanced to it for any of its authorized
purposes and as security for the payment of amounts due and owing by
it under any contract.
The Authority shall be exempt in any and all respects from the
jurisdiction or control of the Oklahoma Corporation Commission.
Nothing herein shall be construed as depriving the State of Oklahoma
of its power to regulate and control fees and/or charges to be
collected for the use of any products and services afforded by the
Authority, provided, that the State of Oklahoma does hereby pledge to
and agree with the purchasers and successive holders of the bonds
issued hereunder that the state will not limit or alter the power
hereby vested in the Authority to establish, levy and collect such
rents, rates and other charges as will produce revenue sufficient to
meet the operation, maintenance and other expenses set forth in the
preceding paragraph of this Section 13, or in any way to impair the
rights or remedies of the holders of the bonds, or of any person in
their behalf, until the bonds, together with the interest thereon,
with interest on unpaid installments of interest and all costs and
expenses in connection with any action or proceedings by or on behalf
of the bondholders and all other obligations of the Authority in
connection with such bonds are fully met and discharged.
Laws 1981, c. 218, § 13, emerg. eff. June 2, 1981.
§11-24-114. Acquisition and Construction Contracts.
The Authority shall be subject to the provisions of the Public
Competitive Bidding Act, as provided by Sections 101 et seq. of Title
61 of the Oklahoma Statutes, provided, however, where the Authority
is purchasing an undivided interest in a project that is being
constructed or operated by another person, the initial purchase of
such interest by the Authority and any contracts entered into by such
person while acting as agent for the Authority in connection with
such project shall not be subject to the provisions of such act.
Added by Laws 1981, c. 218, § 14, emerg. eff. June 2, 1981.
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§11-24-115. Financial statements - Filing.
Within ninety (90) days following the closing of each fiscal
year, the Authority shall cause to be prepared certified financial
statements which shall be filed with the State Auditor and Inspector
and with the Director of the Office of Management and Enterprise
Services in accordance with the requirements for financial statement
audits in Section 212A of Title 74 of the Oklahoma Statutes.
Added by Laws 1981, c. 218, § 15, emerg. eff. June 2, 1981. Amended
by Laws 1996, c. 290, § 1, eff. July 1, 1996; Laws 2012, c. 304, §
45.
§11-24-116. Meetings and Records.
Meetings and Records. All meetings of the Authority shall be
subject to the provisions of the Oklahoma Open Meeting Act, as
provided by Sections 301 et seq. of Title 25 of the Oklahoma
Statutes. All records of the Authority shall be subject to the
provisions of Section 24 of Title 51 of the Oklahoma Statutes.
Laws 1981, c. 218, § 16, emerg. eff. June 2, 1981.
§11-24-117. Construction.
Construction. This act and all the terms and provisions hereof
shall be liberally construed to effectuate the purposes set forth
herein; provided however, nothing in this act shall be construed to
authorize the Authority to loan its credit to any investor-owned
utility nor to acquire or subsidize any nuclear powered generating
plant.
Laws 1981, c. 218, § 17, emerg. eff. June 2, 1981.
§11-24-118. Powers Declared Supplementary.
Powers Declared Supplementary. The provisions of this act shall
be regarded as supplementary and additional to and cumulative of
powers conferred by other laws and shall not be regarded as being in
derogation of any powers now existing.
Laws 1981, c. 218, § 19, emerg. eff. June 2, 1981. d
§11-24-119. Irrevocable Contracts.
Irrevocable Contract. While any of the bonds issued by the
Authority shall remain outstanding or while the Authority has any
undischarged duties or obligations under any contract or agreement,
including obligations to any joint owner of any project, the powers,
duties or existence of the Authority or of its officers, employees or
agents shall not be diminished, impaired or affected in any manner
which will affect adversely the interest and right of the owners of
such bonds or the persons to whom such duties or obligations are owed
under such contracts or agreements. The provisions of this act shall
be for the benefit of the state, the Authority, every owner of the
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Authority's bonds and every other person to whom the Authority owes a
duty or is obligated by contract or agreement and, upon and after the
issuance of bonds under the provisions of this act, shall constitute
an irrevocable contract by the state with the owners of such bonds
and the other persons to whom the Authority owes a duty or is
obligated by such contracts or agreements.
Laws 1981, c. 218, § 19, emerg. eff. June 2, 1981.
§11-24-120. Personnel to be Included in Unclassified Service.
Personnel to be Included in Unclassified Service. In addition to
those officers and positions in the unclassified service of the state
as now provided by law, all personnel of the Authority shall be
included in the unclassified service of the state.
Laws 1981, c. 218, § 20, emerg. eff. June 2, 1981.
§11-24-121. Partial Invalidity.
Partial Invalidity. If any provision of this act or the
application thereof to any person or circumstance shall be held to be
invalid, the remainder of the act, and the application of such
provision to other persons or circumstances, shall not be affected
thereby.
Laws 1981, c. 218, § 26, emerg. eff. June 2, 1981.
§11-25-101. Oklahoma Municipal Energy Independence Act.
This act shall be known and may be cited as the “Oklahoma
Municipal Energy Independence Act”.
Added by Laws 2011, c. 103, § 1, eff. Nov. 1, 2011.
§11-25-102. Municipal energy district authority - Trustees.
A. The governing body of a municipality, by ordinance, may
establish a municipal energy district authority for the municipality.
The authority shall be a public trust as provided for in Sections 176
through 180.3 of Title 60 of the Oklahoma Statutes.
B. The authority shall consist of five trustees as follows:
1. The mayor of the municipality;
2. Two members of the governing board of the municipality; and
3. Two persons appointed by the mayor of the municipality who
shall be residents of the municipality and shall not be elected
officials.
C. The mayor of the municipality shall serve as chair of the
authority.
Added by Laws 2011, c. 103, § 2, eff. Nov. 1, 2011.
§11-25-103. Trustees’ meetings.
The trustees of a municipal energy district authority shall
establish a time and place for regular meetings and may hold special
meetings as may be required for the proper transaction of business.
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Three trustees shall constitute a quorum for the transaction of
business and upon all questions requiring a vote of the trustees
there shall be a concurrence of three trustees for approval.
Added by Laws 2011, c. 103, § 3, eff. Nov. 1, 2011.
§11-25-104. Trustees’ powers and duties.
A. The trustees of a municipal energy district authority shall
be authorized to:
1. Manage and conduct the business and affairs of the authority;
2. Make and execute all necessary contracts;
3. Secure funding through sources which may include:
a. issuance of notes or bonds,
b. public or private lenders,
c. grants or loans from other governmental entities when
funds are available, or
d. any other public or private funding source;
4. Make loans directly to willing and consenting property owners
or through a financial institution for the following purposes:
a. to finance the purchase and installation of
distributed-generation renewable energy sources,
b. to make energy-efficient improvements or retrofits that
are permanently affixed to residential, commercial, or
industrial property,
c. to conduct residential and commercial building energy
audits, and
d. to establish financial incentive programs for energy-
efficient improvements; and
5. Make loans or other repayment mechanisms for capital
expenditures available to implement green community programs and
qualified energy-conservation projects.
B. The trustees of an energy district authority shall coordinate
with electric utilities that provide electric service within the
borders of the municipality on programs offered by the authority
pursuant to the Oklahoma Municipal Energy Independence Act. No
program offered by a municipal energy district authority shall be
used directly or indirectly to compete against an electric service
provider's similar program within the borders of the municipality for
electric customers.
Added by Laws 2011, c. 103, § 4, eff. Nov. 1, 2011.
§11-25-105. Application of act.
A. The Oklahoma Municipal Energy Independence Act shall apply to
developed property located within the borders of the municipality on
which property taxes are paid and on which the owners of the property
are current in the payment of the property taxes.
B. The trustees of a municipal energy district authority may
enter into an agreement with a county to collect repayment of any
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loan made pursuant to the Oklahoma Municipal Energy Independence Act
upon such terms as may be agreed to by the property owner and the
municipal energy district authority.
C. Any loan made pursuant to the Oklahoma Municipal Energy
Independence Act shall constitute a lien on the property which is the
subject of the loan only upon the recording of a mortgage covering
the property in the office of the county clerk. Any mortgage
securing a loan shall be junior and inferior to all previously
recorded liens or mortgages of any kind. The exclusive method of
enforcing a lien for failure to repay any loan made pursuant to the
Oklahoma Municipal Energy Independence Act shall be by judicial or
nonjudicial foreclosure as provided by law.
D. Only appliances or energy-efficient improvements that are
permanently affixed to the property shall be eligible for financing
pursuant to the Oklahoma Municipal Energy Independence Act.
Added by Laws 2011, c. 103, § 5, eff. Nov. 1, 2011.
§11-25-106. Energy-efficiency audits or retrofits.
A municipal energy district authority may make grants to
nonprofit organizations to perform energy-efficiency audits or
retrofits on tax-exempt property.
Added by Laws 2011, c. 103, § 6, eff. Nov. 1, 2011.
§11-25-107. Participation in program - Requirements.
A municipal energy district authority shall require those
property owners participating in the program to:
1. Have an energy audit conducted on the property to be improved
to demonstrate the value of the project; and
2. Submit proof that the improvements at a minimum meet “Energy
Star” ratings.
Added by Laws 2011, c. 103, § 7, eff. Nov. 1, 2011.
§11-26-101. Authority to purchase and regulate.
A municipal governing body shall have the power to purchase, lay
out and regulate cemeteries. The powers over cemeteries which are
granted to a municipal governing body in this section include, but
are not limited to, cemeteries used or dedicated for interment of
animal remains.
Laws 1977, c. 256, § 26-101, eff. July 1, 1978.
§11-26-102. Power to acquire and control land for cemeteries.
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
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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.
Added by Laws 1977, c. 256, § 26-102, eff. July 1, 1978.
§11-26-103. Conveyance of cemetery lots - Abandoned lots.
A. As used in this section, “lot” means a tract of land as
defined in Section 1 of this act.
B. Lots in a municipal cemetery shall be conveyed by certificate
signed by the mayor and countersigned by the clerk, under the seal of
the municipality. The certificate shall show the price for which the
lots are sold and specify that the person to whom it is issued is the
owner of the lot or lots described therein by number, as laid down in
the plat, for the purpose of interment. The certificate shall vest
in the purchaser and heirs of the purchaser a right to the lot or
lots, for the sole purpose of interment, under the regulations of the
governing body or board of cemetery trustees. The certificate shall
be entitled to record in the office of the county clerk of the county
in which the lot is situated without further acknowledgment, and the
description of lots by number shall be sufficient for the purpose of
record. All abandoned lots shall revert to the municipality.
Added by Laws 1977, c. 256, § 26-103, eff. July 1, 1978. Amended by
Laws 2008, c. 47, § 5, eff. Nov. 1, 2008.
§11-26-104. Conveyance or devise of lot in trust.
A. As used in this section, “lot” means a tract of land as
defined in Section 1 of this act.
B. Any burial lot in any cemetery owned by a municipality, or by
an association incorporated for cemetery purposes under the laws of
Oklahoma, may be conveyed or devised by the owner back to and held by
such company, municipality, or association in perpetual trust for the
purpose of its preservation as a place of burial. The lot so
conveyed shall thereafter remain forever inalienable by act of the
parties, but the right to use the same as a place of burial of the
dead of the family of the owner and his descendants from generation
to generation shall remain, unless the deed of conveyance in trust
shall provide that interments in such lot shall be confined to the
bodies of specified persons, in which case the lot shall be forever
preserved as the burial place of the persons specified in the deed
and shall never be used for any other purpose whatever. However, no
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conveyance in trust shall be made without the consent of the cemetery
company or association in whose cemetery the burial lot is located,
or of the governing body or board of cemetery trustees of the
municipality.
Added by Laws 1977, c. 256, § 26-104, eff. July 1, 1978. Amended by
Laws 2008, c. 47, § 6, eff. Nov. 1, 2008.
§11-26-105. Rules and ordinances - Penalties and fines.
The governing body may pass rules and ordinances to regulate,
protect, and govern the cemetery, the owners of the lots therein,
visitors therein, and to punish trespassers therein. The governing
body may limit the number of lots which may be owned by one person,
corporation or association at the same time, and may prescribe rules
for enclosing, adorning and erecting monuments and tombstones on
cemetery lots; but no religious test shall be made as to the
ownership of lots, the burial therein, or the ornamentation of graves
or lots. The governing body may prohibit any division of the use of
lots and any improper adornment thereof. The officers of the
municipality shall have full jurisdiction and power to enforce such
rules and ordinances as if they related to the municipality itself.
Penalties and fines not exceeding One Hundred Dollars ($100.00) or
thirty (30) days in jail may be imposed for violation of such rules
and ordinances.
Laws 1977, c. 256, § 26-105, eff. July 1, 1978.
§11-26-106. Board of cemetery trustees - Appointment and creation.
Where a cemetery is owned by a municipality, the governing body
may provide by ordinance for the creation and appointment of a board
of cemetery trustees. The board of cemetery trustees shall consist
of three (3) members. The term of each member shall be six (6)
years, except that when the board is first appointed, one member
shall serve a term of two (2) years, one member shall serve a term of
four (4) years, and one member shall serve a term of six (6) years.
Laws 1977, c. 256, § 26-106, eff. July 1, 1978.
§11-26-107. Powers and duties of cemetery trustees.
The board of cemetery trustees shall have charge of and control
of the municipal cemetery, and shall be authorized to:
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.
Laws 1977, c. 256, § 26-107, eff. July 1, 1978.
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§11-26-108. Cemetery expenses and collections.
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.
Amended by Laws 1984, c. 126, § 51, eff. Nov. 1, 1984.
§11-26-109. Cemetery Care Fund - Purchase of lands - Investment of
fund.
In all municipally owned cemeteries where lots are sold or
charges made for interments, not less than twelve and one-half
percent (12.5%) of all monies received from the sale of lots and
interments shall be segregated and set aside as a permanent fund to
be known as the "Cemetery Care Fund". The Cemetery Care Fund
principal shall be expended for purchasing lands for cemeteries and
for making capital improvements as defined in Section 17-110 of this
title, if necessary. The balance of the fund may be invested in the
manner provided by law for investment of municipal funds. The
interest from the investments shall be used for the same purposes as
the principal or in improving, caring for, and embellishing the lots,
walks, drives, parks, and other necessary improvements on such
cemeteries.
Added by Laws 1977, c. 256, § 26-109, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 52, eff. Nov. 1, 1984; Laws 1991, c. 124, § 14,
eff. July 1, 1991; Laws 1993, c. 23, § 1, eff. Sept. 1, 1993.
§11-26-110. Reports of the cemetery board of trustees.
The board of cemetery trustees shall, on the first Mondays in
January and July of each year, make a full report to the municipal
governing body of all lots sold, interments made, and all moneys
received and expended by the board in and about the cemetery.
Laws 1977, c. 256, § 26-110, eff. July 1, 1978.
§11-26-111. Lien on cemetery lots for upkeep charges - Enforcement.
A. Any municipality which owns a cemetery, or any board of
cemetery trustees of a cemetery owned by an association incorporated
for cemetery purposes under the laws of Oklahoma, shall have a lien
on any unused lot when a written contract provides for upkeep
payments on such lot and the upkeep payments have been unpaid for a
continuous period of five (5) years. Where more than one lot has
been purchased in a group of lots, and at least one of the lots has
been used in that group of lots, the provisions of this section shall
not apply.
B. After filing the lien with the clerk of the district court in
the county in which the cemetery lot is situated, the lien may be
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enforced by civil action. The practice, pleading and proceedings for
foreclosure in such action shall conform to the rules prescribed by
the code of civil procedure as far as they may be applicable.
Laws 1977, c. 256, § 26-111, eff. July 1, 1978.
§11-26-112. Removal of remains to other gravesites - Unmarked
graves.
When the bodily remains of an unknown person are discovered in an
unidentified and unmarked grave of a municipally owned and operated
cemetery, the remains may be removed to some other gravesite within
the cemetery, at the expense of the municipality, if no record exists
as to a sale or conveyance of the lot and the municipality is without
knowledge that a body had been buried in the gravesite, in the event
the lot is sold to another person. An application for approval of
the disinterment and removal of the bodily remains shall be first
filed with, and approval obtained from, the State Health Department.
Laws 1977, c. 256, § 26-112, eff. July 1, 1978.
§11-26-201. Trusts for special care of specified lots - Perpetual
care fund - Use.
Donations, deposits or bequests may be made in trust for the
special care of specified lots, monuments or mausoleums in any
cemetery. These funds shall be segregated and set aside as a
permanent fund to be known as the "Perpetual Care Fund". A separate
account shall be kept of each amount so deposited, donated and
bequeathed for special care of specified lots. The perpetual care
fund may be invested in like manner as the cemetery care fund, and
only the interest derived from the fund shall be used in the care,
maintenance and repair of such lots, monuments and mausoleums, unless
otherwise specified by the donor.
Laws 1977, c. 256, § 26-201, eff. July 1, 1978.
§11-26-202. Trustee of perpetual care fund - Appointment - Duties.
Any municipality which owns a cemetery, or twenty-five of the lot
owners in the cemetery, may petition the district court in the county
where the cemetery is situated for the appointment of a trustee to be
the trustee of the perpetual care fund. The trustee of the fund
shall receive the perpetual care funds, as provided in Section 26-201
of this title, and any other funds which may be donated, deposited or
bequeathed to the cemetery or any part thereof, as a perpetual care
fund. The trustee shall invest, manage and control the fund under
the direction of the judge of the district court.
Laws 1977, c. 256, § 26-202, eff. July 1, 1978.
§11-26-203. Perpetual care fund receipts - Cemetery records.
Every trustee of a perpetual care fund shall execute and deliver
to the donor a receipt showing the amount of money received, and the
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use to be made of the net proceeds from the money. The receipts
shall be attested by the clerk of the court granting letters of
trusteeship and a copy thereof shall be signed by the trustees of the
cemetery board. The receipts so attested shall then be filed with
and recorded by the court clerk in a book to be known as the
"Cemetery Records," in which shall be recorded all reports and other
papers, including orders made by the court or judge relative to
cemetery matters.
Laws 1977, c. 256, § 26-203, eff. July 1, 1978.
§11-26-204. Perpetual care fund loans - Approval.
The perpetual care fund trustee may loan moneys received by him
under the direction and with the approval of the court, but only as
such loans may be secured by first mortgages upon Oklahoma real
estate. No loan shall be made or approved unless it be made to
appear to the court that the real estate is ample security for the
loan applied for, and that the title to the real estate is good of
record and in fact in the party making application for the loan.
Laws 1977, c. 256, § 26-204, eff. July 1, 1978.
§11-26-205. Bond and oath of perpetual care fund trustee.
The trustee of the perpetual care fund, before entering on the
discharge of his duties or at any time thereafter when required by
the court or judge, shall give bond in such amount as may be required
by the court, to be approved by the court clerk, conditioned for the
faithful discharge of the duties imposed upon the trustee by law.
The trustee shall take and subscribe an oath the same in substance as
the condition of the bond. The oath and bond shall be filed with the
court clerk.
Laws 1977, c. 256, § 26-205, eff. July 1, 1978.
§11-26-206. Clerk to advise court on sufficiency of trustee's bond.
The court clerk, at the time of filing each receipt as provided
in Section 26-203 of this title, shall immediately advise the court
or judge as to the amount of the principal fund in the hands of the
trustee, the amount of bond filed, and whether or not the bond is
good and sufficient for the amount given. The court or judge may
require, if it seems best, a new and additional bond of the perpetual
care fund trustee.
Laws 1977, c. 256, § 26-206, eff. July 1, 1978.
§11-26-207. Payment of trustee's expenses.
The trustee of a perpetual care fund shall not be entitled to
receive any compensation for services rendered, but may, out of the
income received, pay all proper items of expense incurred in the
performance of his duties, including cost of bond, if any.
Laws 1977, c. 256, § 26-207, eff. July 1, 1978.
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§11-26-208. Trustee reports.
Every perpetual care fund trustee shall make a full report to the
district court of his doings in the matter of his trusteeship in the
months of January and July following his appointment, and in January
and July of each successive year. In each of the reports he shall
apportion the net proceeds received from the sum total of the
permanent fund and make proper credit to each of the separate funds
assigned to him in trust.
Laws 1977, c. 256, § 26-208, eff. July 1, 1978.
§11-26-209. Removal or death of trustee.
A perpetual care fund trustee may be removed by the court or
judge thereof at any time for cause. In the event of removal or
death, the court or judge must appoint a new trustee and require his
predecessor or his personal representative to make full accounting
for all the property belonging to the trustee.
Laws 1977, c. 256, § 26-209, eff. July 1, 1978.
§11-27-101. Creation of municipal court not of record.
A municipality may create a Municipal Court, as provided in this
article, which shall be a court not of record. This court may be
created in addition to a Municipal Criminal Court of Record.
References in Sections 27-101 through 27-131 of this title to the
municipal court shall mean the municipal court not of record
established under the authority of the provisions of this article.
Laws 1977, c. 256, § 27-101, eff. July 1, 1978.
§11-27-102. Resolution of governing body.
Before a municipal court not of record may be put into operation,
the municipal governing body shall determine by resolution that the
efficient disposition of cases involving the violation of municipal
ordinances necessitates putting the court into operation. The
governing body shall cause a certified copy of the resolution to be
filed in the office of the county clerk of each county in which the
municipality is located. The resolution and the filing thereof shall
be judicially noticed in all courts of this state.
Amended by Laws 1988, c. 21, § 1, eff. Nov. 1, 1988. d
§11-27-103. Jurisdiction.
The municipal court shall have original jurisdiction to hear and
determine all prosecutions wherein a violation of any ordinance of
the municipality where the court is established is charged.
Laws 1977, c. 256, § 27-103, eff. July 1, 1978.
§11-27-104. Judges.
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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 Oklahoma, except
as provided for in subsections B and C of this section. He shall
serve for a term of two (2) years, said term expiring on a date fixed
by ordinance, and until his 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. Except in cities with a population of
more than two hundred thousand (200,000), 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 his tenure of
office. The judge shall be paid a salary to be fixed by the
municipal governing body. He shall be paid in the same manner as
other municipal officials.
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 Oklahoma, who resides
in the county in which the municipality is located or in an adjacent
county; or
2. An attorney licensed to practice law in Oklahoma who
maintains a permanent office in the municipality; or
3. Any suitable person who resides in the county in which the
municipality is located or in an adjacent county.
C. In any municipality with a population of seven thousand five
hundred (7,500) or more, if no attorney licensed to practice law in
Oklahoma resides in the county or in an adjacent county in which the
municipality is located, who is at the time of appointment willing to
accept the appointment as judge, the mayor, with the consent of the
governing body of the municipality, may appoint any suitable and
proper person as judge.
D. If the judge of the municipal court is not a licensed
attorney and has not complied with the education requirements
pursuant to subsection F 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 may not
impose a fine of more than Fifty Dollars ($50.00), and may not order
the defendant imprisoned except for the nonpayment of fines or costs
or both.
E. 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
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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).
F. In order to impose the fine authorized by subsection E 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 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.
Added by Laws 1977, c. 256, § 27-104, eff. July 1, 1978. Amended by
Laws 1982, c. 157, § 2; Laws 1983, c. 293, § 2, operative Oct. 1,
1983; Laws 1984, c. 32, § 1, eff. Nov. 1, 1984; Laws 1996, c. 245, §
1, eff. Nov. 1, 1996; Laws 2004, c. 173, § 2, eff. Nov. 1, 2004; Laws
2005, c. 386, § 2, eff. Nov. 1, 2005.
§11-27-105. Prohibition on change of venue - Disqualification of
judge.
A. No change of venue shall be allowed from any municipal court,
but the judge of the municipal court may be disqualified under the
same terms and conditions as are now provided by law for courts of
record.
B. In the event of an ethical disqualification by a municipal
judge, the senior municipal judge may appoint, on a case-by-case
basis, a sitting municipal judge in another municipality within the
same county or an adjacent county to act as a special judge for the
purposes of hearing the case.
Added by Laws 1977, c. 256, § 27-105, eff. July 1, 1978. Amended by
Laws 2012, c. 54, § 1, emerg. eff. April 16, 2012.
§11-27-106. Acting judge - Alternate judge - Compensation.
In the event of disqualification of the judge in a particular
case, or his absence or inability to act, the mayor of the
municipality may appoint some person, qualified as provided in
Section 27-104 of this title, as acting municipal judge of the court
in the place of the judge during his absence or inability to act or
in a case wherein the judge is disqualified; or, in its discretion,
the municipal governing body may provide by ordinance for the
appointment of an alternate judge of the court, in the same manner
and for the same term as the judge and possessing the qualifications
prescribed by Section 27-104 of this title, who shall sit as acting
judge of the court in case of the absence, inability or
disqualification of the judge. If both the judge and the alternate
judge are unable to sit, the mayor may appoint an acting judge as
provided in this section. The municipal governing body, by
ordinance, shall provide for the compensation of an acting judge of
the court.
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Laws 1977, c. 256, § 27-106, eff. July 1, 1978.
§11-27-107. Vacancies in office of judge.
Vacancies in the office of the judge of any municipal court shall
be filled in the same manner as provided for the appointment of the
judge in the first instance.
Laws 1977, c. 256, § 27-107, eff. July 1, 1978.
§11-27-108. Municipal attorney as prosecutor.
The municipal attorney of each municipality where a municipal
court is established may be the prosecutor of the municipal court.
The prosecutor shall have full power to prosecute for the violations
of any ordinance of the municipality in the municipal court and shall
have the power to prosecute and resist appeals and proceedings in
error and review from the municipal court.
Amended by Laws 1984, c. 126, § 53, eff. Nov. 1, 1984.
§11-27-109. Clerk of court - Duties.
The municipal clerk of any municipality where a municipal court
is established, or a designated deputy shall be the clerk of the
municipal court unless the governing body establishes or authorizes a
position of chief municipal court officer to serve as court clerk.
The court clerk shall have authority to carry out the duties of
the position as required by law; provided, that the person who serves
as court clerk may separately perform other duties for the
municipality. The clerk of the court shall:
1. Assist the judge in recording the proceedings of the court,
preparation of writs, processes, or other papers;
2. Administer oaths required in judicial or other proceedings
before the court;
3. Be responsible for the entry of all pleadings, processes, and
proceedings in the dockets of the court;
4. Perform such other clerical duties in relation to the
proceedings of the court as the judge shall direct; and
5. Receive and give receipt for and disburse or deliver to the
municipal treasurer all fines, forfeitures, fees, deposits, and sums
of money properly payable to the municipal court. Such funds and
sums of money while in the custody of the clerk shall be deposited
and disbursed upon vouchers as directed by the municipal governing
body.
Added by Laws 1977, c. 256, § 27-109, eff. July 1, 1978. Amended by
Laws 1991, c. 124, § 15, eff. July 1, 1991; Laws 1995, c. 166, § 2,
emerg. eff. May 4, 1995.
§11-27-110. Court marshal - Duties.
The municipal governing body, upon the recommendation of the
judge of the municipal court, may designate any appropriate person
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who is a resident of the municipality to serve as marshal, and in the
absence of such a designation, the chief of police or corresponding
officer of the municipality shall be ex officio marshal of the court.
The marshal shall execute any writs and other process directed to
him, except as herein otherwise provided, and such duty may be
performed by any deputy marshal or by any members of the police force
of the municipality, as the case may be.
Laws 1977, c. 256, § 27-110, eff. July 1, 1978.
§11-27-111. Bond of clerk and judge - Form.
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:
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.
Laws 1977, c. 256, § 27-111, eff. July 1, 1978.
§11-27-111.1. Repealed by Laws 2006, c. 255, § 4, eff. Nov. 1, 2006.
§11-27-112. Fees, fines and forfeitures - Dispositions.
All of the fees, fines and forfeitures which come into the
municipal court shall be paid by the clerk of the court to the
municipal treasurer. The treasurer shall credit such deposits to the
fund designated by the municipal governing body. The court clerk
shall make a receipt for the fees, fines and forfeitures collected
which shall be retained by the municipality together with a detailed
statement of all costs, the style of the case in which they were
paid, and the name of the defendant. The receipt and detailed
statement retained by the municipality may be saved and produced in
an electronic format.
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Added by Laws 1977, c. 256, § 27-112, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 54, eff. Nov. 1, 1984; Laws 2019, c. 104, § 1,
eff. Nov. 1, 2019.
§11-27-113. Procedure - Judicial notice of statutes and ordinances -
Writs and process - Service of arrest warrant.
Except as otherwise provided for by law, the code of procedure in
the municipal court shall be the same as is provided for by law for
the trial of misdemeanors. The court shall take judicial notice of
state statutes and the ordinances of the municipality in which it is
located. Writs and processes of the court may be issued by the judge
or clerk thereof to any proper officer. All writs and processes of
the municipal court in which a violation of a municipal ordinance is
charged shall be directed to the chief of police of the municipality,
a county sheriff, or to some other appropriate peace officer. A law
enforcement officer of the municipality or county sheriff may serve
an arrest warrant issued by the municipal court any place within this
state. If the warrant is served by a county sheriff, the
municipality shall pay the Sheriff's Service Fee Account a fee of
Twenty Dollars ($20.00).
Amended by Laws 1982, c. 133, § 2; Laws 1984, c. 126, § 55, eff. Nov.
1, 1984; Laws 1990, c. 259, § 1, eff. Sept. 1, 1990.
§11-27-114. Rules for conduct of court business.
The judge of each municipal court may prescribe rules, consistent
with the provisions of this article, for the proper conduct of the
business of the municipal court.
Laws 1977, c. 256, § 27-114, eff. July 1, 1978.
§11-27-115. Prosecutions by verified complaint - Style.
All prosecutions commenced in the municipal court shall be by
complaint which shall be subscribed by the person making the
complaint and shall be verified before a judge, the court clerk, a
deputy court clerk, or a police officer. No warrant for arrest shall
be issued until the complaint has been approved by the judge of the
municipal court. All prosecutions for the violation of municipal
ordinances shall be styled, "The ________ (City or Town) of
________________ (name the municipality) vs. ________________ (naming
the person or persons charged)".
Amended by Laws 1984, c. 126, § 56, eff. Nov. 1, 1984.
§11-27-115.1. Prosecutions by verified complaint - Means of
verification.
Notwithstanding other provisions of law, when a law enforcement
officer issues a citation or ticket as the basis for a complaint or
information, for an offense against a municipal ordinance which is
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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.
Added by Laws 1992, c. 68, § 2, eff. Sept. 1, 1992.
§11-27-116. Arraignment - Fines in lieu of appearance.
The arraignment shall be made by the court. The judge or the
prosecuting attorney shall read the complaint to the defendant,
inform him of his legal rights and of the consequences of conviction,
and ask him whether he pleads guilty or not guilty. The municipal
governing body by ordinance may prescribe a schedule of fines which
the defendant may pay in lieu of his appearance before the municipal
court and such payment shall constitute a final determination of the
cause against the defendant.
Laws 1977, c. 256, § 27-116, eff. July 1, 1978.
§11-27-117. Arrests - Release by signing citation - Bail - Amount
and conditions - Temporary cash bond.
A. If a resident of a municipality served by a municipal court
is arrested by a law enforcement officer for the violation of any
traffic ordinance for which Section 27-117.1 of this title does not
apply, or is arrested for the violation of a nontraffic ordinance,
the officer shall immediately release said person if the person
acknowledges receipt of a citation by signing it. Provided, however,
the arresting officer need not release said person if it reasonably
appears to the officer that the person may cause injury to himself or
others or damage to property if released, that the person will not
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appear in response to the citation, or the person is arrested for an
offense against a person or property. If said person fails to appear
in response to the citation, a warrant shall be issued for his arrest
and his appearance shall be compelled.
If the arrested resident is not released by being permitted to
sign a citation as provided for in this subsection, he shall be
admitted to bail either before or after arraignment, or shall be
released on personal recognizance. A municipality may prescribe a
fine for up to the maximum amount authorized by courts not of record
for failure of a person to have a valid driver's license when charged
with a traffic violation.
B. If a nonresident of a municipality served by a municipal
court is arrested by a law enforcement officer for a violation of any
ordinance for which Section 27-117.1 of this title does not apply,
the defendant shall be eligible to be admitted to bail either before
or after arraignment.
C. The amount and conditions of bail granted pursuant to the
provisions of subsections A and B of this section shall be determined
by the judge who shall prescribe rules for the receipt of bail and
for the release on personal recognizance. The amount of bail for
each offense shall not exceed the maximum fine plus court costs,
unless the defendant has a previous history of failing to appear
according to the terms or conditions of a bond, in which case the
amount of bail shall not exceed One Thousand Dollars ($1,000.00). In
the event of arrests at night, emergencies, or when the judge is not
available, a court official, the chief of police or his designated
representative may be authorized by the judge, subject to such
conditions as shall be prescribed by the judge, to accept a temporary
cash bond in a sufficient amount to secure the appearance of the
accused. The cash bond shall not exceed the maximum fine provided
for by ordinance for each offense charged, unless the defendant has a
previous history of failing to appear according to the terms or
conditions of a bond, in which case the amount of the cash bond shall
not exceed One Thousand Dollars ($1,000.00). The court official,
chief of police or his designated representative is authorized,
subject to such conditions as shall be prescribed by the judge, to
release a resident of the municipality on personal recognizance.
Added by Laws 1977, c. 256, § 27-117, eff. July 1, 1977. Amended by
Laws 1978, c. 261, § 1, eff. July 1, 1978; Laws 1984, c. 126, § 57,
eff. Nov. 1, 1984; Laws 1986, c. 250, § 7, operative July 1, 1987;
Laws 1997, c. 251, § 6, eff. Nov. 1, 1997.
§11-27-117.1. Arrest for misdemeanor traffic violation other than
parking or standing - Bail.
If a resident or nonresident of a municipality having a municipal
court is arrested by a law enforcement officer solely for a
misdemeanor violation of a traffic ordinance, other than an ordinance
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pertaining to a parking or standing traffic violation, and the
arrested person is eligible to sign a written promise to appear and
be released upon personal recognizance as provided for in Section
1115.1 of Title 22 of the Oklahoma Statutes, then the procedures
provided for in the State and Municipal Traffic Bail Bond Procedure
Act as applied to municipalities, shall govern. A municipality, by
ordinance, may prescribe a bail bond schedule for this purpose and
may provide for bail to be used as payment of the fine and costs upon
a plea of guilty or nolo contendere, as provided for in Section
1115.1 of Title 22 of the Oklahoma Statutes. Absent such ordinance,
the municipal court may prescribe a bail bond schedule for traffic
offenses. The amount of bail shall not exceed the maximum fine and
costs provided by ordinance for each offense, unless the defendant
has a previous history of failing to appear according to the terms or
conditions of a bond, in which case the amount of bail shall not
exceed One Thousand Dollars ($1,000.00).
Added by Laws 1986, c. 250, § 8, operative July 1, 1987. Amended by
Laws 1993, c. 15, § 1, eff. Sept. 1, 1993; Laws 1997, c. 251, § 7,
eff. Nov. 1, 1997.
§11-27-118. Failure to appear according to terms of bond -
Forfeiture.
A. If, without sufficient excuse, a defendant fails to appear
according to the terms or conditions of a bond, given by a bail
bondsman as defined in Section 1301 of Title 59 of the Oklahoma
Statutes, either for hearing, arraignment, trial, or judgment, or
upon any other occasion when the presence of the defendant in court
or before the judge may be lawfully required:
1. The court shall perform the procedures set forth in Section
1332 of Title 59 of the Oklahoma Statutes whereby the municipal court
clerk shall issue the required notices; or
2. a. The municipal judge shall issue an order declaring the
bond to be forfeited on the day the defendant failed to
appear and stating the reasons therefor, and
b. Within five (5) days of the order of forfeiture, the
municipal court clerk shall file a certified copy of
the order with the district court in the county where
the municipal government is located. The district
court clerk shall treat the certified order of
forfeiture as a foreign judgment and proceed in
accordance with the provisions of Section 1332 of Title
59 of the Oklahoma Statutes. A surety shall have all
remedies available under the provisions of Section 1108
of Title 22 and Sections 1301 through 1340 of Title 59
of the Oklahoma Statutes.
B. Court costs shall be collectible from the proceeds of a
forfeited bond.
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Added by Laws 1977, c. 256, § 27-118, eff. July 1, 1978. Amended by
Laws 1993, c. 265, § 1, eff. July 1, 1993; Laws 1994, c. 49, § 1,
eff. Sept. 1, 1994; Laws 1995, c. 166, § 3, emerg. eff. May 4, 1995.
§11-27-119. Jury trials - Qualifications of jurors.
In all prosecutions in the municipal court for any offense for
which the municipality, with the concurrence of the court, seeks
imposition of a fine of more than Five Hundred Dollars ($500.00),
excluding court costs, or imprisonment, or both such fine and
imprisonment, a jury trial shall be had unless waived by the
defendant and the municipality, provided that the municipality has
compiled its penal ordinances in accordance with the provisions of
Sections 14-109 and 14-110 of this title. If the municipality has
not compiled its ordinances as provided by law, the fine shall not
exceed Fifty Dollars ($50.00). In prosecutions for all other
offenses, or in cases wherein a jury trial is waived by the defendant
and the municipality, trial shall be to the court. A jury in the
municipal court shall consist of six (6) jurors, five of whom may
return a verdict. Jurors shall be good and lawful men or women,
citizens of the county in which the court sits, having the
qualifications of jurors in the district court.
Added by Laws 1977, c. 256, § 27-119, eff. July 1, 1978. Amended by
Laws 1982, c. 157, § 3; Laws 1983, c. 293, § 3, operative Oct. 1,
1983; Laws 1995, c. 61, § 1, eff. Nov. 1, 1995; Laws 1997, c. 251, §
8, eff. Nov. 1, 1997; Laws 2006, c. 38, § 1, eff. Nov. 1, 2006.
§11-27-120. Selection and summons of jurors.
Jurors in the municipal court shall be selected pursuant to this
section under the same terms and conditions as are provided for by
law for the district courts, or in the alternative, pursuant to
Section 18.1 of Title 38 of the Oklahoma Statutes. Upon written
request of the judge of the municipal court for a stated number of
jurors to the chief judge of the appropriate district court, it shall
be the duty of the clerk of the district court to draw from the jury
wheel a requested number of jurors in the same manner as is provided
by law for the district court until the number requested, who from
their addresses appear to reside within the corporate limits of the
municipality, is drawn, and to prepare a list of names drawn and
certify such list to the judge of the municipal court. On completion
of the draw, the clerk shall immediately return to the jury wheel all
names drawn which are not placed on the certified list. The judge of
the municipal court shall make written request to the chief judge of
the district court for a stated number of additional jurors if, after
allowance of claimed statutory exemptions, the listed number is found
to be insufficient. Summons of the prospective jurors shall be
issued as set out by ordinance, and may be served in person by the
chief of police or any member of the police force of the
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municipality, or may be served by the clerk of the municipal court by
mail.
Added by Laws 1977, c. 256, § 27-120, eff. July 1, 1978. Amended by
Laws 2003, c. 225, § 1, eff. Nov. 1, 2003.
§11-27-121. Fees and mileage of jurors and witnesses.
The municipal governing body shall determine by ordinance the
fees and mileage that shall be paid to jurors and witnesses in a
municipal court. However, no witness fee shall be paid to any police
or peace officer. The jury fee and mileage due jurors and witnesses
shall be paid as provided by ordinance.
Laws 1977, c. 256, § 27-121, eff. July 1, 1978.
§11-27-122. Enforcement of payment of fines or costs by imprisonment
- Persons unable to pay.
A. If a defendant who is financially able refuses or neglects to
pay a fine or costs or both, payment may be enforced:
1. By imprisonment until the same shall be satisfied at the rate
of Twenty-five Dollars ($25.00) per day; or
2. In the same manner as is prescribed in subsection B of this
section for a defendant who is without means to make such payment.
B. If the defendant is without means to pay the fine or costs,
the municipal judge may direct the total amount due to be entered
upon the court minutes and to be certified to the district court in
the county where the situs of the municipal government is located,
where it shall be entered upon the district court judgment docket and
shall have the full force and effect of a district court judgment.
The same remedies shall be available for the enforcement of the
judgment as are available to any other judgment creditor.
Added by Laws 1977, c. 256, § 27-122, eff. July 1, 1978. Amended by
Laws 1980, c. 247, § 2, eff. Oct. 1, 1980; Laws 1987, c. 173, § 4,
eff. Nov. 1, 1987; Laws 2004, c. 173, § 3, eff. Nov. 1, 2004.
§11-27-122.1. Execution of sentences of municipal court.
A. All sentences of imprisonment shall be executed by the chief
of police of the municipality, and any person convicted of a
violation of any ordinance of the municipality and sentenced to
imprisonment shall be confined in the jail, farm, or workhouse of the
municipality, in the discretion of the court, for the time specified
in the sentence; provided, however, the court may, in lieu of
imprisonment, order the defendant to engage in a term of community
service without compensation. If the defendant fails to perform the
required community service or if the conditions of community service
are violated, the judge may impose a sentence of imprisonment, not to
exceed the maximum sentence allowable for the violation for which the
defendant was convicted.
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B. The judge of the municipal court imposing a judgment and
sentence, at the judge’s discretion, is empowered to modify, reduce,
suspend, or defer the imposition of a sentence or any part thereof
and to authorize probation for a period not to exceed six (6) months
from the date of sentence under terms or conditions as the judge may
specify. Procedures relating to suspension of the judgment or costs
or both shall be as provided in Section 27-123 of Title 11 of the
Oklahoma Statutes. Upon completion of the terms of probation, the
defendant shall be discharged without a court judgment of guilt, and
the verdict, judgment of guilty, or plea of guilty shall be expunged
from the record and the charge dismissed with prejudice to any
further action. Upon a finding of the court that the conditions of
probation have been violated, the municipal judge may enter a
judgment of guilty.
C. The judge of the municipal court may continue or delay
imposing a judgment and sentence for a period of time not to exceed
six (6) months from the date of sentence. At the expiration of this
period of time the judge may allow the municipal attorney to amend
the charge to a lesser offense.
D. If a deferred sentence is imposed, an administrative fee not
to exceed Five Hundred Dollars ($500.00) may be imposed as costs in
the case, in addition to any deferral fee otherwise authorized by
law.
Added by Laws 1987, c. 173, § 1, eff. Nov. 1, 1987. Amended by Laws
1990, c. 69, § 1, eff. Sept. 1, 1990; Laws 1999, c. 412, § 2, eff.
Nov. 1, 1999; Laws 2004, c. 173, § 4, eff. Nov. 1, 2004.
§11-27-122.2. Community service in lieu of fine or in conjunction
with imprisonment - Violation of community service conditions.
Whenever any person is convicted in municipal court for violation
of a municipal ordinance, the court may order the defendant to a term
of community service or remedial action in lieu of fine or in
conjunction with imprisonment. If the defendant fails to perform the
required community service or if the conditions of community service
are violated, the judge may impose a sentence of imprisonment, not to
exceed the maximum sentence allowable for the violation for which the
defendant was convicted.
Added by Laws 1989, c. 255 § 3, emerg. eff. May 19, 1989. Amended by
Laws 1990, c. 69, § 2, eff. Sept. 1, 1990.
§11-27-123. Suspension of judgment or costs - Reconfinement.
Whenever any person shall be convicted in the municipal court of
violating a municipal ordinance, the judge trying the cause, after
sentence, may suspend the judgment or costs or both and allow the
person so convicted to be released upon his own recognizance. Any
person so released shall be required to report at such times and to
such person or officer as the judge shall direct. The judge may
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cause a warrant to be issued for any person so released if it shall
be made to appear to the judge that such person:
1. Has been guilty of the violation of any law after his
release;
2. Is habitually associating with lewd or vicious persons; or
3. Is indulging in vicious habits.
Upon the issuance of the warrant by the judge, the person shall be
delivered forthwith to the place of confinement to which he was
originally sentenced and shall serve out the full term for which he
was originally sentenced.
Laws 1977, c. 256, § 27-123, eff. July 1, 1978.
§11-27-124. Supervision of juveniles on parole or probation.
In addition to the duties otherwise provided by law, the judge of
each municipal court, or some other person designated by the
governing body of the municipality where the court is established,
shall be required to supervise all juveniles who are either on parole
or serving probation terms or suspended sentences pronounced and
adjudged by the municipal court.
Laws 1977, c. 256, § 27-124, eff. July 1, 1978.
§11-27-125. Contempt of court.
The judge of each municipal court shall have power to enforce due
obedience to orders, rules and judgments made by him and may fine or
imprison for contempt offered to the judge while holding his court or
to process issued by him in the same manner and to the same extent as
the district courts of Oklahoma.
Laws 1977, c. 256, § 27-125, eff. July 1, 1978.
§11-27-126. Costs and fees.
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.
Added by Laws 1977, c. 256, § 27-126, eff. July 1, 1978. Amended by
Laws 1987, c. 173, § 2, eff. Nov. 1, 1987; Laws 1999, c. 412, § 3,
eff. Nov. 1, 1999; Laws 2006, c. 61, § 3, eff. July 1, 2006; Laws
2009, c. 258, § 2, emerg. eff. May 22, 2009.
§11-27-127. Prosecution for same offense in another court
prohibited.
When a defendant has been in jeopardy for the same or any lesser
included offense in a municipal court or district court, he shall not
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be prosecuted in another court for the same or a lesser included
offense.
Laws 1977, c. 256, § 27-127, eff. July 1, 1978; Laws 1980, c. 247, §
3, eff. Oct. 1, 1980.
§11-27-128. Writs of mandamus, prohibition and certiorari.
The district court in each county wherein a municipal court is
established shall have the same jurisdiction to issue to the
municipal court writs of mandamus, prohibition and certiorari as the
Supreme Court now has to issue such writs to courts of record.
Laws 1977, c. 256, § 27-128, eff. July 1, 1978.
§11-27-129. Appeals.
A. An appeal may be taken from a final judgment of the municipal
court by the defendant by filing in the district court in the county
where the situs of the municipal government is located, within ten
(10) days from the date of the final judgment, a notice of appeal and
by filing a copy of the notice with the municipal court. In case of
an appeal, a trial de novo shall be had, and there shall be a right
to a jury trial if the sentence imposed for the offense was a fine of
more than Five Hundred Dollars ($500.00), plus costs, fees, and
assessments.
B. Upon conviction, at the request of the defendant, or upon
notice of appeal being filed, the judge of the municipal court shall
enter an order on the docket fixing an amount in which bond may be
given by the defendant, in cash or sureties for cash in an amount of
not less than One Hundred Dollars ($100.00) nor more than twice the
amount of such fine. Bond shall be taken by the clerk of the court
wherein judgment was rendered. Any pledge of sureties must be
approved by a judge of the court.
C. Upon appeal being filed the judge shall within ten (10) days
thereafter certify to the clerk of the appellate court the original
papers in the case. If the papers have not been certified to the
appellate court, the prosecuting attorney shall take the necessary
steps to have the papers certified to the appellate court within
twenty (20) days of the filing of the notice of appeal, and failure
to do so, except for good cause shown, shall be grounds for dismissal
of the charge by the appellate court, the cost to be taxed to the
municipality. The certificate shall state whether or not the
municipal judge hearing the case was a licensed attorney in Oklahoma.
D. All proceedings necessary to carry the judgment into effect
shall be had in the appellate court.
Added by Laws 1977, c. 256, § 27-129, eff. July 1, 1978. Amended by
Laws 1980, c. 247, § 4, eff. Oct. 1, 1980; Laws 1982, c. 157, § 4;
Laws 1983, c. 293, § 4, operative Oct. 1, 1983; Laws 1995, c. 61, §
2, eff. Nov. 1, 1995; Laws 1997, c. 251, § 9, eff. Nov. 1, 1997; Laws
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2004, c. 363, § 1, eff. Nov. 1, 2004; Laws 2015, c. 2, § 1, eff. Nov.
1, 2015.
NOTE: Laws 2004, c. 173, § 5 repealed by Laws 2005, c. 386, § 5,
eff. Nov. 1, 2005.
§11-27-130. District attorney to defend appeals in certain cases.
The district attorney, and his assistants, shall defend any
appeal from a municipal court in his district that has no municipal
attorney who is paid a salary in excess of a rate of Three Thousand
Six Hundred Dollars ($3,600.00) per annum.
Laws 1977, c. 256, § 27-130, eff. July 1, 1978. d
§11-27-131. Orders relative to procedures and practices by Supreme
Court.
The Supreme Court is authorized to issue orders of statewide
application relative to procedures in and practices before the
municipal courts and appeals therefrom, subject to the provisions of
this article, and under its general superintending control of all
inferior courts, shall have the power and authority by and through
the Chief Justice of the Supreme Court, to call annual conferences of
the judges of the municipal courts of Oklahoma to consider matters
calculated to bring about a speedier and more efficient
administration of justice.
Laws 1977, c. 256, § 27-131, eff. July 1, 1978.
§11-27-132. Appeal to Court of Criminal Appeals.
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.
Added by Laws 1978, c. 248, § 1, eff. July 1, 1978.
§11-28-101. Municipal criminal courts of record - Cities with
population over 65,000 - Resolution.
A. In cities having a population of more than sixty-five
thousand (65,000) inhabitants, as determined by the latest federal
census, there is hereby created a "Municipal Criminal Court of Record
of the City of ___________", subject to the restrictions of
subsection B of this section. References in Sections 28-101 through
28-128 of this title to the municipal criminal court of record shall
mean the courts established by the provisions of this article in
cities over sixty-five thousand (65,000) population.
B. Before a municipal criminal court of record not in existence
before November 1, 2004, may be created, the municipal governing body
shall determine by resolution that the efficient disposition of cases
involving the violation of municipal ordinances necessitates creating
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a court of record. If such a resolution is not adopted, the criminal
court of the municipality shall remain a court not of record. The
governing body shall cause a certified copy of the resolution to be
filed in the office of the county clerk of each county in which the
municipality is located. The resolution and the filing thereof shall
be judicially noticed in all courts of this state. The provisions of
this subsection shall not apply to any municipal criminal court of
record created prior to November 1, 2004, and such courts shall have
all the powers and duties heretofore provided for such courts.
Added by Laws 1977, c. 256, § 28-101, eff. July 1, 1978. Amended by
Laws 2004, c. 363, § 2, eff. Nov. 1, 2004.
§11-28-102. Jurisdiction of criminal court of record - Jury trial -
Maximum punishment - Double jeopardy.
A. The municipal criminal courts of record shall have original
jurisdiction to hear and determine all prosecutions when a violation
of any of the ordinances of the city where the court is established
is charged, as provided by Article VII, Section 1 of the Oklahoma
Constitution.
B. In cases when the penalty provided for the violation of an
ordinance is a fine in the amount of more than Five Hundred Dollars
($500.00), excluding court costs, or by imprisonment, or by both such
fine and imprisonment, all persons charged before such municipal
criminal court of record shall be entitled to a trial by jury, unless
waived by the defendant. Judgment and sentence imposed by the judge
shall be as effective as if the same had been rendered and imposed by
a jury.
C. The maximum punishment that may be levied in any municipal
criminal court of record is a fine not exceeding One Thousand Two
Hundred Dollars ($1,200.00) and costs, an imprisonment not to exceed
six (6) months, or both such fine and imprisonment. Provided, the
maximum punishment that may be levied in any municipal criminal court
of record for violations of municipal traffic ordinances not
including ordinances relating to driving a motor vehicle under the
influence of alcohol or drugs is a fine not exceeding One Thousand
Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not
to exceed ninety (90) days, or both such fine and imprisonment. If a
fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed for
an alcohol-related or drug-related traffic offense, the amount in
excess of Seven Hundred Fifty Dollars ($750.00) shall be used to
defray costs for enforcement of laws relating to juvenile access to
alcohol, other laws relating to alcohol and other intoxicating
substances, and traffic-related offenses involving alcohol or other
intoxicating substances. Provided, further that any municipal
criminal court of record may levy a fine not to exceed One Thousand
Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6)
months, or both such fine and imprisonment for violations of
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municipal ordinances regulating the pretreatment of wastewater and
regulating stormwater discharges. Provided, further, that for
violations of municipal ordinances relating to prostitution,
including but not limited to engaging in prostitution or soliciting
or procuring prostitution, any municipal criminal court of record in
cities with more than two hundred thousand (200,000) in population
may levy an imprisonment not to exceed six (6) months, and fines as
follows: a fine not to exceed Two Thousand Five Hundred Dollars
($2,500.00) upon the first conviction for violation of any such
ordinances, a fine of not more than Five Thousand Dollars ($5,000.00)
upon the second conviction for violation of any of such ordinances,
and a fine of not more than Seven Thousand Five Hundred Dollars
($7,500.00) upon the third or subsequent convictions for violation of
any of such ordinances, or both such fine and imprisonment, as well
as a term of community service of not less than forty (40) nor more
than eighty (80) hours. If imprisonment is available for the
offense, then that person charged shall have a right to a jury trial.
D. A defendant who has been in jeopardy for the same or any
lesser included offense in the municipal criminal court of record or
district court shall not be prosecuted in any other court for the
same or a lesser included offense.
Added by Laws 1977, c. 256, § 28-102, eff. July 1, 1978. Amended by
Laws 1982, c. 157, § 5; Laws 1983, c. 293, § 5, operative Oct. 1,
1983; Laws 1990, c. 141, § 2, eff. Sept. 1, 1990; Laws 1995, c. 61, §
3, eff. Nov. 1, 1995; Laws 1995, c. 198, § 1, eff. Nov. 1, 1995; Laws
1997, c. 51, § 1, eff. Nov. 1, 1997; Laws 1998, c. 234, § 2, eff.
Nov. 1, 1998; Laws 1999, c. 217, § 3, eff. Nov. 1, 1999; Laws 2002,
c. 120, § 6, emerg. eff. April 19, 2002; Laws 2004, c. 173, § 6, eff.
Nov. 1, 2004; Laws 2006, c. 61, § 4, eff. July 1, 2006; Laws 2007, c.
1, § 14, emerg. eff. Feb. 22, 2007.
NOTE: Laws 2006, c. 38, § 2 repealed by Laws 2007, c. 1, § 15,
emerg. eff. Feb. 22, 2007.
§11-28-102a. Fines for violations relating to prostitution -
Percentage forwarded to city - county health department.
In municipalities that have a population of more than two hundred
thousand (200,000), that have a municipal court of record, and that
are located within a county having a population greater than four
hundred thousand (400,000), One Hundred Dollars ($100.00) of each
fine collected for violations of municipal ordinances relating to
prostitution shall be forwarded by the city clerk or other
appropriate finance official to the city-county health department
serving the county.
Added by Laws 2002, c. 348, § 6, emerg. eff. May 30, 2002.
§11-28-102b. Alcohol and drug abuse evaluation and assessment
program.
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In cases where a person has been convicted of violating a
municipal ordinance relating to driving a motor vehicle under the
influence of alcohol or other intoxicating substance, the person
shall be ordered to participate in, prior to sentencing, an alcohol
and drug substance abuse evaluation and assessment program offered by
a certified assessment agency or certified assessor for the purpose
of evaluating and assessing the receptivity to treatment and
prognosis of the person. The municipal court shall order the person
to reimburse the agency or assessor for the evaluation and
assessment. The fee for an evaluation and assessment shall be the
amount provided in subsection C of Section 3-460 of Title 43A of the
Oklahoma Statutes. The evaluation and assessment shall be conducted
at a certified assessment agency, the office of a certified assessor
or at another location as ordered by the municipal court. The agency
or assessor shall, within seventy-two (72) hours from the time the
person is evaluated and assessed, submit a written report to the
municipal court for the purpose of assisting the municipal court in
its final sentencing determination. If such report indicates that
the evaluation and assessment shows that the defendant would benefit
from a ten-hour or twenty-four-hour alcohol and drug substance abuse
course or a treatment program or both, the municipal court shall, as
a condition of any sentence imposed require the person to follow all
recommendations identified by the evaluation and assessment and
ordered by the municipal court. Any evaluation and assessment report
submitted to the municipal court pursuant to the provisions of this
subsection shall be handled in a manner which will keep such report
confidential from review by the general public. Nothing contained in
this section shall be construed to prohibit the municipal court from
ordering judgment and sentence in the event the defendant fails or
refuses to comply with an order of the municipal court to obtain the
evaluation and assessment required by this section. If the defendant
fails or refuses to comply with an order of the municipal court to
obtain the evaluation and assessment, the Department of Public Safety
shall not reinstate driving privileges until the defendant has
complied in full with such order.
Added by Laws 2010, c. 219, § 2, eff. Nov. 1, 2010.
§11-28-103. Judges and clerks.
The city governing body may appoint and fix the compensation of
one or more judges of the municipal criminal court of record, as may
be required, and designate one as a presiding judge. Each judge
shall possess the qualifications now required by law to be possessed
by associate judges of the district court. The city governing body
may appoint or otherwise provide for appointment of a clerk of the
municipal criminal court of record and one or more deputy clerks and
fix their compensation. The judge shall serve for a term of two (2)
years, expiring on a date fixed by ordinance, and until his successor
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is appointed and qualified, unless sooner removed by the vote of a
majority of all members of the governing body for such cause as is
provided by law for the removal of public officers. Any appointment
to fill a vacancy shall be for the unexpired term.
Added Laws 1977, c. 256, § 28-103, eff. July 1, 1978.
§11-28-104. Powers and duties of judge.
A judge of the municipal criminal court of record shall have
power to administer oaths, keep and preserve the records of the
court, certify transcripts and other records and shall have and
possess such other general powers as are possessed by the district
judge. The judge shall also approve all recognizances and bonds to
which persons charged, or convicted, may be admitted and shall
determine and fix the amount thereof.
Laws 1977, c. 256, § 28-104, eff. July 1, 1978.
§11-28-105. Disqualification, disability or absence of judge.
In the event of the disqualification, disability or absence of a
regular judge of the municipal criminal court of record, the city
governing body shall have power to appoint a special judge to sit for
the duration of such disqualification, disability or absence.
Laws 1977, c. 256, § 28-105, eff. July 1, 1978.
§11-28-106. Duties of clerk - Certificate as prima facie proof.
The clerk of the municipal criminal court of record shall keep
and preserve the records of all proceedings had in the court, shall
keep a docket, and shall collect and receive or cause to be collected
and received all fines, costs, bond forfeitures and other monies
properly receivable by the clerk and shall account for the same to
the city governing body. The governing body may authorize the
appropriate finance official of the city by ordinance to collect and
receive all fines, costs, bond forfeitures and other monies properly
received by the clerk. When the clerk collects and receives such
monies, the clerk shall pay or cause to be paid all such sums of
money to the appropriate finance official of the city as the
governing body may prescribe. It shall be the duty of the clerk to
certify and authenticate all transcripts, cases and other records of
the court and the certificate of the clerk shall be prima facie proof
of the correctness of the copy of the document or record
authenticated.
Added by Laws 1977, c. 256, § 28-106, eff. July 1, 1978. Amended by
Laws 1992, c. 285, § 1, emerg. eff. May 25, 1992; Laws 1995, c. 166,
§ 4, emerg. eff. May 4, 1995.
§11-28-107. Marshal of court.
The administrative head of the municipality, upon recommendation
of the judge of the municipal court, may designate any appropriate
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person to serve as marshal, and in the absence of such a designation,
the chief of police or corresponding officer of the municipality
shall be ex officio marshal of the court. The marshal shall execute
all writs and other processes directed to him, except as otherwise
provided, and such duty may be performed by any deputy marshal or by
any member of the police force of the municipality, as the case may
be.
Amended by Laws 1986, c. 250, § 9, emerg. eff. June 13, 1986.
§11-28-108. Reporter.
A. The presiding judge of the municipal criminal court of record
may recommend to the governing body of the city the appointment of a
suitable and proper person as court reporter, whose duty it shall be
to correctly take and record all of the testimony and proceedings had
upon the trial or cases when required by either party. The city
governing body shall fix the compensation to be allowed the court
reporter. Such reporter may also perform such other clerical duties
as the city governing body and judge and clerk of the court may
require and shall have power to certify all transcripts and records
of evidence and proceedings taken by him.
B. The court reporter, before entering upon the duties of his or
her office, shall be duly sworn in open court faithfully to perform
the duties of the office.
C. The reporter shall not receive any fees from the city other
than salary but shall receive the same fees for transcribing the
testimony and proceedings from other parties that are received by
reporters of the district court for like services.
Laws 1977, c. 256, § 28-108, eff. July 1, 1978.
§11-28-109. Prosecuting officers.
The city attorney or municipal counselor and his assistants shall
be the prosecuting officers of the municipal criminal court of record
and the relation which they bear to the court shall be the same as
that borne to the district court by the district attorney. They shall
have full power to prosecute violations of any ordinance of the city
in the municipal criminal court of record and shall have power to
prosecute and resist appeals and proceedings in error or review from
the municipal criminal court of record.
Laws 1977, c. 256, § 28-109, eff. July 1, 1978.
§11-28-110. Office of public defender.
The city governing body may create the office of public defender.
The public defender shall be charged upon order of any judge of the
municipal criminal court of record with the protection of the rights
of any defendant charged with violation of any ordinance in the
court. The city governing body may provide for necessary office
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supplies and equipment and arrange for sufficient office space in
public buildings.
Laws 1977, c. 256, § 28-110, eff. July 1, 1978.
§11-28-111. Qualifications of public defender - Appointment and
tenure - Salary - Legal aid.
A. The office of public defender shall be assumed by an attorney
or attorneys authorized to practice law in Oklahoma. Said attorneys
shall be appointed by the judges of the municipal criminal court of
record and serve at the pleasure of the judges or shall be appointed
and removed as provided by the city charter. The salary of the
municipal public defender shall be set by the city governing body.
B. The city governing body and/or the presiding or chief judge
of the municipal criminal court of record may make suitable
arrangements with a legal aid society for representation of indigents
in lieu of appointing a municipal public defender.
Laws 1977, c. 256, § 28-111, eff. July 1, 1978.
§11-28-112. Determination of need for public defense - Appeals.
The judges of the municipal criminal court of record shall hold
such hearing as they deem necessary to determine if an individual is
an indigent and entitled to representation at public expense. If an
indigent represented by the municipal public defender or legal aid
society seriously believes that he has just cause for an appeal, the
attorney for said indigent shall specify those portions of the record
essential for said appeal and the judge of the court may order a
transcript prepared for such appeal at public expense.
Laws 1977, c. 256, § 28-112, eff. July 1, 1978. d
§11-28-113. Commencement of prosecution - Style – Procedure –
Schedule of fines.
A. All prosecutions commenced in a municipal criminal court of
record shall be by information, pursuant to Section 16-108 of Title
47 of the Oklahoma Statutes, for traffic offenses and by information
as in the district courts in other cases, which shall be subscribed
by the person making complaint and shall be verified before a judge,
the court clerk, or a deputy court clerk. All prosecutions for the
violation of municipal ordinances shall be styled, "The City of
_______ (naming the municipality) vs. __________ (naming the person
or persons charged)".
B. Upon receipt of a traffic ticket or complaint by the court
clerk, other than a traffic ticket which has been signed by the
arrested person as a plea of guilty, the court clerk shall either
prepare a copy of the ticket or complaint and deliver the original or
duplicate original to the municipal attorney, or record the ticket on
a list maintained in the clerk's office and deliver the ticket to the
municipal attorney for his disposition. After disposition of the
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ticket by the municipal attorney, the name shall be removed from the
list by the court clerk. A traffic ticket or complaint that is
certified by the arresting officer, the complainant, or the municipal
attorney, shall constitute an information against the person arrested
and served with the traffic ticket or complaint. The ticket or
complaint shall be endorsed by the municipal attorney before it is
filed with the court clerk; except if the person arrested and served
with a traffic ticket or complaint either at the time he is arrested
or at a subsequent time shall indicate in writing on the ticket or
complaint, above his signature, that he elects to plead guilty to the
violation charged, the traffic ticket or complaint shall be filed
with the court clerk, as an information, without the endorsement of
the municipal attorney, and it shall be the duty of the court clerk
to notify the municipal attorney as to the fact of such filing.
C. The municipal governing body, by ordinance, may prescribe a
schedule of fines for nonjury cases which a defendant may pay in lieu
of an appearance before the municipal court, and such payment shall
constitute a final determination of the cause against the defendant;
provided, however, this subsection shall not apply to those offenses
for which the penalty is a fine of more than Five Hundred Dollars
($500.00).
Added by Laws 1977, c. 256, § 28-113, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 59, eff. Nov. 1, 1984; Laws 1999, c. 217, § 2,
eff. Nov. 1, 1999; Laws 2006, c. 38, § 3, eff. Nov. 1, 2006.
§11-28-113.1. Prosecutions by verified complaint - Means of
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
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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.
Added by Laws 1992, c. 68, § 3, eff. Sept. 1, 1992. Amended by Laws
2008, c. 179, § 1, eff. Nov. 1, 2008.
§11-28-114. Procedures upon arrest.
A. Except as otherwise provided in this section, if a resident
of a municipality served by a municipal court is arrested by a law
enforcement officer for the violation of any ordinance for which
Section 28-114.1 of this title does not apply, or is arrested for
violation of a nontraffic ordinance, the officer shall immediately
release said person if the person acknowledges receipt of a citation
by signing it. Provided, however, the arresting officer need not
release said person if it reasonably appears to the officer that the
person may cause injury to self or others or damage to property if
released, that the person will not appear in response to the
citation, or the person is arrested for an offense against a person
or property. If said person fails to appear in response to the
citation, a warrant shall be issued for the person’s arrest and the
person’s appearance shall be compelled.
If the arrested resident is not released by being permitted to
sign a citation as provided for in this subsection, the resident
shall be admitted to bail either before or after arraignment, or
shall be released on personal recognizance. A municipality may
prescribe a fine for up to the maximum amount authorized by courts
not of record for failure of a person to have a valid driver license
when charged with a traffic violation.
B. If a nonresident of a municipality served by a municipal
court is arrested by a law enforcement officer for a violation of any
ordinance for which Section 28-114.1 of this title does not apply,
the defendant shall be eligible to be admitted to bail either before
or after arraignment.
C. The amount and conditions of bail granted pursuant to the
provisions of subsections A and B of this section shall be determined
by the judge, within the limitation prescribed by this section, who
shall prescribe rules for the receipt of bail and for the release on
personal recognizance. In the event of arrests at night,
emergencies, or when the judge is not available, a court official,
the chief of police or the chief’s designated representative may be
authorized by the judge, subject to such conditions as shall be
prescribed by the judge, to accept a temporary cash bond in a
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sufficient amount to secure the appearance of the accused. Except as
provided in this subsection, cash bond shall not exceed the maximum
fine provided for by ordinance for each offense charged. The court
official, chief of police or the chief’s designated representative is
authorized, subject to such conditions as shall be prescribed by the
judge or by law, to release a resident of the municipality on
personal recognizance. Provided, however, that a person arrested in
a municipality for violations of municipal ordinances relating to
prostitution, including but not limited to engaging in prostitution
or soliciting or procuring prostitution, shall not be released on
personal recognizance.
Added by Laws 1977, c. 256, § 28-114, eff. July 1, 1978. Amended by
Laws 1982, c. 133, § 1; Laws 1984, c. 126, § 58, eff. Nov. 1, 1984;
Laws 1986, c. 250, § 10, operative July 1, 1987; Laws 2002, c. 120, §
7, emerg. eff. April 19, 2002.
§11-28-114.1. Arrest for misdemeanor traffic violation other than
parking or standing - Bail.
If a resident or nonresident of a municipality served by a
municipal court is arrested by a law enforcement officer solely for a
misdemeanor violation of a traffic ordinance, other than an ordinance
pertaining to a parking or standing traffic violation, and the
arrested person is eligible to sign a written promise to appear and
be released upon personal recognizance as provided for in Section
1115.1 of Title 22 of the Oklahoma Statutes, then the procedures
provided for in the State and Municipal Traffic Bail Bond Procedure
Act as applied to municipalities, shall govern. A municipality, by
ordinance, may prescribe a bail bond schedule for this purpose and
may provide for bail to be used as payment of the fine and costs upon
a plea of guilty or nolo contendere, as provided for in Section 2 of
this act. Absent such ordinance, the municipal court may prescribe a
bail bond schedule for traffic offenses. The amount of bail shall
not exceed the maximum fine and costs provided by ordinance for each
offense.
Added by Laws 1986, c. 250, § 11, operative July 1, 1987. Amended by
Laws 1993, c. 15, § 2, eff. Sept. 1, 1993.
§11-28-115. Composition of jury - Selection, empanelling and
qualification.
A jury for the trial of cases in the municipal criminal court of
record shall consist of six (6) persons who shall be selected,
empanelled and qualified in the same manner that jurors are selected,
empanelled and qualified in the district court.
Laws 1977, c. 256, § 28-115, eff. July 1, 1978.
§11-28-116. Jury list and jury boxes.
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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 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.
Laws 1977, c. 256, § 28-116, eff. July 1, 1978.
§11-28-117. Drawing of panel.
Upon order of the presiding judge, the clerk, or a judge, and the
chief of police of the city shall draw the names of jurors from the
jury box, in such number as may be ordered by the presiding judge, in
the same manner as is provided by law for the drawing of names to
fill a jury panel in the district court by the district judge and
sheriff of the county.
Laws 1977, c. 256, § 28-117, eff. July 1, 1978.
§11-28-118. When regular panel drawn.
A regular jury panel may be drawn and prepared at any time upon
the order of the presiding judge.
Added by Laws 1977, c. 256, § 28-118, eff. July 1, 1978.
§11-28-119. Special panel.
In the event of the exhaustion of the regular jury panel, a
special panel may be prepared and summoned upon the order of the
judge directed to the chief of police of the city or sheriff of the
county in the same manner as is provided by law for summoning a
special panel in the district court.
Laws 1977, c. 256, § 28-119, eff. July 1, 1978.
§11-28-120. Compliance with criminal code of procedure.
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Except as otherwise specifically provided, the municipal court of
record shall comply with the criminal code of procedure, as in the
district court for misdemeanor cases.
Added by Laws 1977, c. 256, § 28-120, eff. July 1, 1978. Amended by
Laws 1998, c. 172, § 2, eff. Nov. 1, 1998.
§11-28-121. Process - Searches, seizures and confiscation - Service
of arrest warrant.
The municipal criminal court of record, by and through its clerk
or judge, shall have power to issue subpoenas, writs of attachment,
and summonses, to administer oaths, to verify complaints and other
processes and writs issuable by the district judge in criminal
proceedings, and to direct the same to the chief of police or other
law enforcement officers. The municipal criminal court of record
shall have power to compel obedience to its writs and orders in the
same manner and to the same extent as the district court. The
municipal criminal court of record shall also have power to issue
arrest warrants and search and seizure warrants and to hear and
determine proceedings for the confiscation of property used in
violation of the ordinances of the municipality. A law enforcement
officer of the municipality or a county sheriff may serve an arrest
warrant issued by the municipal court any place within this state.
If the warrant is served by a county sheriff, the municipality shall
pay the Sheriff's Service Fee Account a fee of Twenty Dollars
($20.00).
Amended by Laws 1982, c. 133, § 3; Laws 1984, c. 126, § 60, eff. Nov.
1, 1984; Laws 1990, c. 259, § 2, eff. Sept. 1, 1990.
§11-28-122. Trial Docket - Criminal courts to observe certain
holidays.
A. The trial docket of the municipal criminal court of record
shall be prepared and set by order of the presiding judge at such
times and in such manner as he may prescribe.
B. Municipal criminal courts of record shall remain closed on
those holidays observed by the district courts of the state; however,
the office of the court clerk may remain open for business.
Laws 1977, c. 256, § 28-122, eff. July 1, 1978; Laws 1980, c. 254, §
1, eff. Oct. 1, 1980.
§11-28-123. Execution of sentence - Modification, reduction or
suspension - Probation - Deferred sentence.
A. All sentences of imprisonment shall be executed by the chief
of police of the city, and any person convicted of a violation of any
ordinance of the city and sentenced to imprisonment shall be confined
in the jail, farm or workhouse, of the city, in the discretion of the
court, for the time specified in the sentence. All persons who shall
be convicted in the court of violation of any ordinance of the city
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and sentenced to pay a fine and costs, who shall refuse to pay such
fine or costs, shall be imprisoned in the jail of the city for one
(1) day for each Two Dollars ($2.00) of the fine and costs assessed.
B. The judge of the municipal criminal court of record imposing
a judgment and sentence, at his discretion, is empowered to modify,
reduce, or suspend or defer the imposition of such sentence or any
part thereof and to authorize probation for a period not to exceed
six (6) months from the date of sentence, under such terms or
conditions as the judge may specify. Upon completion of the
probation term following a deferred sentence, the defendant shall be
discharged without a court judgment of guilt, and the verdict,
judgment of guilty or plea of guilty shall be expunged from the
record and said charge be dismissed with prejudice to any further
action. Upon a finding of the court that the conditions of probation
have been violated, the municipal judge may enter a judgment of
guilty.
C. The judge of the municipal court of record may continue or
delay imposing a judgment and sentence for a period of time not to
exceed one (1) year from the date of sentence. At the expiration of
such period of time the judge may allow the city attorney to amend
the charge to a lesser offense.
D. If a deferred sentence is imposed, an administrative fee of
One Hundred Dollars ($100.00) may be imposed as costs in the case.
Added by Laws 1977, c. 256, § 28-123, eff. July 1, 1978. Amended by
Laws 1983, c. 293, § 6, operative Oct. 1, 1983; Laws 1993, c. 265, §
2, eff. July 1, 1993; Laws 1999, c. 217, § 4, eff. Nov. 1, 1999.
§11-28-124. Imprisonment for nonpayment of fine and costs - Persons
unable to pay.
Any person who shall be convicted in the municipal criminal court
of record of a violation of any ordinance of the city and sentenced
to pay a fine and costs, who is financially able but refuses or
neglects to pay such fine and costs, shall be imprisoned in the jail,
farm or workhouse of the city, in the discretion of the court, for
one (1) day for each Twenty-five Dollars ($25.00) of the fine and
cost assessed or one (1) day for each Fifty Dollars ($50.00) of the
fine and cost assessed if the person performs useful labor. If the
defendant is without means to pay the fine or costs, the municipal
judge may direct the total amount due to be entered upon the court
minutes and to be certified to the district court in the county where
the situs of the municipal government is located where it shall be
entered upon the district court judgment docket and shall have the
full force and effect of a district court judgment. Thereupon, the
same remedies shall be available for the enforcement of the judgment
as are available to any other judgment creditor. Further, if the
defendant is without means to pay the fine or costs, and no undue
hardship would result, the municipal judge may direct the defendant
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to perform community service at a rate of not less than the current
federal minimum wage.
Added by Laws 1977, c. 256, § 28-124, eff. July 1, 1978. Amended by
Laws 2008, c. 413, § 2, eff. Nov. 1, 2008; Laws 2018, c. 305, § 1,
eff. Nov. 1, 2018.
§11-28-125. Costs.
When a person is convicted of a violation of any ordinance of the
city, the cost of prosecution shall be taxed against such person as a
part of the penalty and said penalty shall be enforced as provided in
this article. The governing body of the city shall have the power to
specify a schedule of costs, including witness fees, to be taxed in
cases wherein a violation of a city ordinance is charged.
Costs of the prosecution shall be taxed against a person when the
penalty assessed said person is a deferred sentence in the same
manner as costs are taxed against an individual for a violation of
any other ordinance of the city.
Amended by Laws 1983, c. 293, § 7, operative Oct. 1, 1983.
§11-28-126. Fines and costs - Disposition.
Any and all fines and costs collected, and all bonds and
recognizances forfeited shall be paid into the treasury of the city.
The court shall cause any furniture or equipment or other personal
property which the court finds to have been actually used or intended
to be used in violation of ordinances of the city to be delivered to
the chief of police; provided that any of the furniture or equipment
susceptible of legitimate use may be sold and the proceeds thereof
shall be paid into the treasury of the city.
Laws 1977, c. 256, § 28-126, eff. July 1, 1978.
§11-28-127. Bond forfeiture.
If a defendant fails to appear according to the terms or
conditions of his bond, either for hearing, arraignment, trial or
judgment, or to surrender himself in execution of the judgment, or
upon any other occasion when his presence in court or before the
municipal judge may be lawfully required, bond forfeiture shall
follow the procedures as set forth in Section 1332 of Title 59 of the
Oklahoma Statutes.
Amended by Laws 1982, c. 88, § 1; Laws 1984, c. 225, § 26, emerg.
eff. May 23, 1984. Amended by Laws 1990, c. 332, § 1, emerg. eff.
May 30, 1990.
§11-28-128. Appeals.
Appeals may be taken from a judgment or order of a municipal
criminal court of record to the Court of Criminal Appeals in the same
manner and to the same extent that appeals are now taken from the
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district courts to the Court of Criminal Appeals in criminal matters,
and no appeals other than those herein provided shall be allowed.
Laws 1977, c. 256, § 28-128, eff. July 1, 1978.
§11-29-101. General powers.
The municipal governing body may procure all necessary equipment
for protection and prevention against fire and provide for the
organization of a municipal fire department. The governing body may
enact such ordinances, resolutions and regulations as may be
necessary to establish and operate a fire department, and to borrow
money and issue bonds therefor subject to the provisions of the
Constitution and laws of Oklahoma.
Laws 1977, c. 256, § 29-101, eff. July 1, 1978.
§11-29-102. Fire chief - Duties - Qualifications - Activity report
forms.
All cities having a paid fire department shall have one full-time
fire chief who shall supervise and administer the fire department in
accordance with the policies and procedures prescribed by the
governing body or by the city manager. The fire department shall be
under the direction and control of the fire chief who shall not serve
as fire chief and also as police chief, city manager, mayor or any
other position that impairs the ability to perform the duties of a
fire chief. The fire chief, whether permanent or interim, of any
paid municipal fire department shall have had at least three (3)
years' actual experience as a paid fire fighter before assuming the
position of fire chief. It shall be the duty of the fire chief to
file the appropriate activity report forms with the Office of the
State Fire Marshal in Oklahoma City on an annual basis. The activity
report forms shall be designed by the State Fire Marshal and shall
include, but not be limited to, the amount of property and vehicle
fire loss, types of fires, inspections and investigations. The
report shall include notification of all fire-related civilian deaths
and injuries in the respective jurisdiction and of fire fighter
deaths in the line of duty and of fire fighter injuries in the line
of duty requiring the services of a hospital or physician or both.
Added by Laws 1977, c. 256, § 29-102, eff. July 1, 1978. Amended by
Laws 1980, c. 250, § 1, eff. Oct. 1, 1980; Laws 1982, c. 83, § 1;
Laws 1986, c. 190, § 4, operative July 1, 1986; Laws 1990, c. 16, §
1, emerg. eff. March 29, 1990; Laws 2009, c. 435, § 1, eff. July 1,
2009; Laws 2014, c. 281, § 1, emerg. eff. May 12, 2014.
§11-29-103. Firefighters - How appointed.
The members of all paid municipal fire departments shall, on
approval of the chief of the fire department, be appointed in the
manner provided by law applicable to the form of municipal government
for the appointment of municipal employees.
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Laws 1977, c. 256, § 29-103, eff. July 1, 1978.
§11-29-103.1. Firefighters – Criminal history records check -
Fingerprints.
A. Prior to appointing a paid member of a municipal fire
department, each department may conduct a national criminal history
records check, as defined by Section 150.9 of Title 74 of the
Oklahoma Statutes.
B. Each applicant, upon request, shall furnish the department
with two completed fingerprint cards and a money order or a cashier’s
check made payable to the Oklahoma State Bureau of Investigation for
the fee for a national fingerprint criminal history records check.
The Bureau shall retain one set of fingerprints in the Automated
Fingerprint Identification System (AFIS) and submit the other set to
the Federal Bureau of Investigation (FBI) for a national criminal
history records check.
Added by Laws 2009, c. 113, § 1, eff. Nov. 1, 2009.
§11-29-104. Tenure of office.
The chief and members of all paid municipal fire departments
shall hold their respective positions unless removed for a good and
sufficient cause as provided by applicable law or ordinance.
Laws 1977, c. 256, § 29-104, eff. July 1, 1978.
§11-29-104.1. Paid fire department - Definition.
The term “paid fire department” means one which has in its employ
more than two full-time salaried firefighters and no enrolled
volunteer firefighters.
Added by Laws 2003, c. 460, § 1, eff. July 1, 2003.
§11-29-105. Municipalities and fire protection districts -
Contracts.
A municipality may:
1. Provide protection from fire for all persons and property
within its boundaries;
2. Contract to give or receive such protection to or from one or
more municipalities or private organizations;
3. Provide fire protection jointly with one or more
municipalities or private organizations;
4. Contribute toward the support of any fire department in
return for fire protection service;
5. Create fire protection districts within the limits of the
municipality encompassing areas served by fire protection services;
or
6. Provide fire protection for persons and property outside its
corporate limits provided that said fire protection has been
authorized by the governing body of the municipality.
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Laws 1977, c. 256, § 29-105, eff. July 1, 1978; Laws 1993, c. 241, §
1, eff. Sept. 1, 1993.
§11-29-106. Contracts respecting fire protection.
Any contract for fire protection entered into by the governing
bodies of municipalities shall expressly stipulate the terms and
conditions upon and in compliance with which each party thereof is to
cooperate in furnishing, maintaining, and operating fire equipment
for outside aid or mutual aid or making payment for such service.
Governing bodies may contract to supply fire protection to owners of
any individual properties.
Laws 1977, c. 256, § 29-106, eff. July 1, 1978.
§11-29-107. Firefighters working outside limits - Compensation -
Pension fund.
All municipal firefighters, full paid or volunteer, attending and
serving at fires or doing fire prevention work or rescue,
resuscitation, first aid, inspection or any other official work
outside the corporate limits of a municipality as provided in
Sections 29-105 through 29-108 of this title shall be considered as
serving in their regular line of duty as full as if they were serving
within the corporate limits of their own municipality; but fuel paid
firefighters shall receive no additional compensation, and volunteer
firefighters shall receive only such compensation as may be provided
for by ordinance or resolution for such cases. All such firefighters
shall be entitled to all the benefits of any pension fund, firemen's
relief and pension fund in the same manner as if the fire fighting or
fire prevention work or rescue, resuscitation, first aid, inspection
or any other official work has been within the corporate limits of
the municipality.
Laws 1977, c. 256, § 29-107, eff. July 1, 1978.
§11-29-108. Fire department answering calls outside corporate limits
considered agent of state - Liability for damages.
A municipal fire department answering any fire alarms or
performing fire prevention services or rescue, resuscitation, first
aid, inspection or any other official work outside the corporate
limits of its municipality shall be considered an agent of the State
of Oklahoma, and acting solely and alone in a governmental capacity.
Said municipality shall not be liable in damages for any act of
commission, omission, or negligence while answering or returning from
any fire or reported fire or doing or performing any fire prevention
work or rescue, resuscitation, first aid, inspection or any other
official work.
Laws 1977, c. 256, § 29-108, eff. July 1, 1978.
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§11-29-109. Municipalities permitted to contract for fire
protection.
A. Any city or town operating a paid fire department may
contract with a private entity, organization, corporation or company
for the performance of the essential functions of fire suppression,
prevention, and life safety duties in a fire department and, if
required, transfer capital assets used in fire protection services to
a public trust for the use of the private entity, organization,
corporation or company in providing such services. Pursuant to the
provisions of this act, the mayor shall issue an order calling for an
election on the question of whether or not the city or town shall
change its method of providing fire protection if:
1. An initiative petition is filed with the governing body of
the municipality; or
2. The governing body, by resolution, so directs.
B. The initiative petition or resolution of the governing body
shall be filed with the clerk of the municipality at least one
hundred twenty (120) days before the filing date for the next
municipal general election. The order calling for the election
regarding fire protection services shall be issued by the mayor of
the municipality within ten (10) days after a decision has been made
on the ballot title, or within ten (10) days after the effective date
of the resolution of the governing body.
Added by Laws 1997, c. 142, § 1, eff. Nov. 1, 1997.
§11-29-110. Election on question of contracting for fire protection
services.
The question of contracting for fire protection services with a
private entity, organization, corporation or company and, if
required, the transfer of capital assets used in fire protection
services to a public trust, shall be submitted to the registered
voters of the city or town at the next general election, or a special
election to be held in the city or town not less than thirty (30)
days nor more than sixty (60) days after the date of the order
calling for the election. Notice of the election on the question
shall be given by the governing body in a manner required for
municipal elections.
Added by Laws 1997, c. 142, § 2, eff. Nov. 1, 1997.
§11-29-111. Ballot - Canvass of returns and resolution of governing
body.
A. 1. The question submitted to the registered voters of the
municipality shall be substantially in the following form:
Shall the City of ___________ contract for fire protection services
with a private entity, organization, corporation or company?
( ) Yes
( ) No
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2. If the question includes the transfer of capital assets used
in fire protection services, a second question shall be submitted to
the registered voters of the municipality and shall be substantially
in the following form:
Shall the City of ___________ transfer ownership of capital assets
used in fire protection services to a public trust for use by the
private entity, organization, corporation or company in providing
such services?
( ) Yes
( ) No
B. 1. The secretary of the county election board shall, within
five (5) days after the canvass of returns, certify the results of
the election on the question to the governing body.
2. If a majority of the votes cast are in favor of contracting
for fire protection services with a private entity, organization,
corporation or company, the governing body shall, within twenty (20)
days after receiving the certification, adopt a resolution stating
that the city or town will contract for fire protection services with
a private entity, organization, corporation or company pursuant to a
solicitation of proposals on a competitive bid basis pursuant to the
provisions of the Oklahoma Central Purchasing Act.
3. If a majority of the votes cast are in favor of transferring
ownership of capital assets used in fire protection services to a
public trust for use by the private entity, organization, corporation
or company in providing such services, the governing body shall,
within twenty (20) days after receiving the certification, adopt a
resolution stating that the city or town will create a public trust
for such purpose and transfer ownership of the assets to the public
trust.
Added by Laws 1997, c. 142, § 3, eff. Nov. 1, 1997.
§11-29-112. Recording and filing of resolutions.
The resolutions required pursuant to Section 3 of this act shall
be recorded in the office of the county clerk and filed in the office
of the Secretary of State and in the archives of the city.
Added by Laws 1997, c. 142, § 4, eff. Nov. 1, 1997.
§11-29-113. Fire protection services to meet or exceed current level
of service.
The delivery of fire protection services shall meet or exceed the
current levels and standards of fire protection services being
provided by the municipality, pursuant to the provisions of Section
324.8 of Title 74 of the Oklahoma Statutes, in order for a private
entity, organization, corporation or company to provide fire
protection services to a municipality.
Added by Laws 1997, c. 142, § 5, eff. Nov. 1, 1997.
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§11-29-114. Certain firefighters governmental employees and members
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 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.
Added by Laws 1997, c. 142, § 6, eff. Nov. 1, 1997. Amended by Laws
2013, c. 388, § 1, emerg. eff. May 29, 2013.
§11-29-115. Publication of income or loss statement and balance
sheet.
Every private entity, organization, corporation or company
providing fire protection services to a municipality shall, within
ninety (90) days after the end of its fiscal year, publish one
insertion in a legal newspaper that services that municipality. Such
insertion shall be a statement of income or loss and a balance sheet
that relates only to the fire protection services being provided to
the municipality. The statement shall be prepared in conformance
with generally accepted accounting principles along with an opinion
of fair presentation by a certified public accountant.
Added by Laws 1997, c. 142, § 7, eff. Nov. 1, 1997.
§11-29-201. Oklahoma Volunteer Firefighters Act - Purpose.
The purpose of the Oklahoma Volunteer Firefighters Act, Sections
29-201 through 29-205 of this title, is to provide for a uniform
system of fire protection for the lives and property of the people of
Oklahoma.
Laws 1977, c. 256, § 29-201, eff. July 1, 1978.
§11-29-202. Definitions.
As used in Sections 29-201 through 29-205 of this title:
1. “Volunteer firefighter” means a person who is enrolled as a
member of a fire department and who serves in such capacity without
receiving a regular salary. A person who is a salaried public safety
employee of a municipality shall not serve as a volunteer firefighter
of a volunteer fire department unless the person is off duty and such
service is not a condition of employment. A public safety employee
is a person employed to serve as a salaried firefighter, police or
other law enforcement officer or emergency medical technician;
2. “Volunteer fire department” means a fire department which has
in its employ not more than two full-time salaried firefighters; and
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3. “Municipality” means a municipality which has qualified to
participate in the Oklahoma Firefighters Pension and Retirement
System.
Added by Laws 1977, c. 256, § 29-202, eff. July 1, 1978. Amended by
Laws 2003, c. 460, § 2, eff. July 1, 2003; Laws 2007, c. 356, § 1,
emerg. eff. June 4, 2007.
§11-29-203. Size of volunteer department.
Any municipality having a volunteer fire department shall limit
by ordinance the size of the volunteer fire department to not less
than twelve nor more than twenty-five members for municipalities with
a population of more than one thousand five hundred (1,500); or not
less than eight or more than twenty-five members for municipalities
with a population of eight hundred (800) to one thousand five hundred
(1,500); or not less than six or more than twenty-five members for
municipalities with a population of less than eight hundred (800).
Any municipality having a volunteer fire department that serves a
nine-one-one (911) emergency telephone area of fifty (50) square
miles or more may increase the size of the volunteer fire department
up to an additional five members, with the total number of members of
the volunteer fire department not to exceed thirty.
Added by Laws 1977, c. 256, § 29-203, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 51, eff. Jan. 1, 1981; Laws 1981, c. 3, § 1,
emerg. eff. Feb. 19, 1981; Laws 1983, c. 230, § 1, emerg. eff. June
17, 1983; Laws 2002, c. 115, § 1, eff. Nov. 1, 2002; Laws 2013, c.
147, § 1, eff. Nov. 1, 2013.
§11-29-204. Minimum rules and regulations of volunteer fire
department.
Any municipality which has volunteers enrolled as members of the
fire department shall adopt by ordinance a code of minimum rules and
regulations in substantial compliance with the following:
Article 1. The Fire Chief.
(a) The chief shall be the head of the department, subject to
the laws of the State of Oklahoma, ordinances of this municipality,
and the rules and regulations adopted pursuant to this section. The
chief shall be appointed in the manner provided by law applicable to
this municipality for the appointment of municipal officers.
(b) The chief shall be responsible for the general condition and
efficient operation of the department, the training of members, and
the performance of all other duties imposed upon him by law or the
municipality.
(c) The chief may inspect or cause to be inspected by members of
the department, the municipal fire hydrants, cisterns, and other
sources of water supply of the municipality at least twice a year.
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(d) The chief shall maintain a library or file of publications
on fire prevention and fire protection and shall make use of it to
the best advantage of all members.
(e) The chief shall make every effort to attend all fires and
shall direct the officers and members in the performance of their
duties.
(f) The chief shall see that the citizens are kept informed on
fire hazards in the community and on the activities of the
department.
(g) The chief shall see that each fire is carefully investigated
to determine its cause, and in the case of suspicion of incendiarism
shall notify proper authorities. The chief shall secure and preserve
all possible evidence for future use in the case of suspicious
incendiarism.
(h) The chief shall file the appropriate activity report forms
with the Office of the State Fire Marshal in Oklahoma City on an
annual basis. The activity report forms shall be designed by the
State Fire Marshal and shall include, but not be limited to, the
amount of property and vehicle fire loss, types of fires, inspections
and investigations. The report shall include notification of all
fire-related civilian deaths and injuries in the respective
jurisdiction and of fire fighter deaths in the line of duty and of
fire fighter injuries in the line of duty requiring the services of a
hospital or physician or both.
Article 2. The Assistant Chief.
In the absence of the chief, the assistant chief on duty shall
command the department and shall have the full powers and
responsibilities of the chief.
Article 3. Company Officers.
The company officers shall be selected upon their: 1. knowledge
of fire fighting, 2. leadership ability, and 3. knowledge of fire
fighting equipment.
Article 4. The Secretary-Treasurer.
One member elected by the fire department shall be secretary-
treasurer. His duties shall consist of the following: 1. Calling
the roll at the opening of each meeting, 2. Keeping the minutes of
each meeting, and 3. Collecting any money due the department by the
members.
Article 5. New Members.
(a) All new members shall be on probation for one (1) year after
their appointment.
(b) New volunteer members upon completion of their probation
period must be approved by the majority of the fire department.
Article 6. Bylaws.
The bylaws of the department shall include but shall not be
limited to the following:
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(a) All volunteer fire fighters are required to respond to
alarms of fire and other emergencies when notified.
(b) A volunteer fire fighter is required to be present at all
regular meetings, call meetings, and schools presented for the
benefit of the fire fighters.
(c) There shall be at least one regular business meeting each
month.
(d) Any volunteer fire fighter having two unexcused absences in
succession or three unexcused absences in a period of three (3)
months will be expelled from the fire department rolls.
(e) Volunteer fire fighters leaving the municipality for an
extended period of time will be required to notify the chief.
(f) Any volunteer fire fighter refusing to attend training
classes provided for him will be expelled from the rolls.
(g) Any volunteer member of the fire department shall be
expelled from the rolls for the following offenses: 1. Conduct
unbecoming a fire fighter, 2. Any act of insubordination, 3. Neglect
of duty, 4. Any violation of rules and regulations governing the fire
department, or 5. Conviction of a felony.
Amended by Laws 1982, c. 83, § 2; Laws 1983, c. 202, § 3, operative
July 1, 1983; Laws 1986, c. 190, § 5, operative July 1, 1986; Laws
1990, c. 16, § 2, emerg. eff. March 29, 1990.
§11-29-205. Repealed by Laws 2010, c. 222, § 63, eff. Nov. 1, 2010.
§11-29-206. Used fire equipment
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.
Added by Laws 2016, c. 150, § 1, eff. Nov 1, 2016.
§11-29-301. Definitions.
A. As used in this section and Section 4 of this act:
1. “Combination fire department” means a fire department which
has in its employ more than two full-time salaried firefighters and
at least one but not more than twenty-five volunteer firefighters.
However, a fire department that would otherwise be considered a
“combination fire department” under this definition but for the fact
that it had more than twenty-five (25) volunteer firefighters on June
1, 2003, shall be considered a “combination fire department” as long
as it does not exceed the number of volunteer firefighters that it
had on June 1, 2003; and
2. “Volunteer firefighter of a combination fire department”
means a person who is enrolled as a volunteer member of a combination
fire department and who serves in such capacity without receiving a
regular salary. The person, who is a salaried employee of a
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municipality, shall not serve as a volunteer firefighter of a
combination fire department if such service as a volunteer
firefighter is a condition of employment with the municipality. A
person, who is a salaried public safety employee of a municipality,
shall not serve as a volunteer firefighter of a combination fire
department unless the person is off duty and such service is not a
condition of employment.
B. For the purposes of this subsection, a public safety employee
is a person employed to serve as a salaried firefighter, police or
other law enforcement officer or emergency medical technician.
Added by Laws 2003, c. 460, § 3, eff. July 1, 2003.
§11-29-302. Application of other provisions of law.
The provisions of Sections 29-101 through 29-115 of Title 11 of
the Oklahoma Statutes relating to paid fire departments, paid fire
chiefs, paid firefighters or fire department equipment or other
property shall also apply to combination fire departments unless
otherwise noted.
Added by Laws 2003, c. 460, § 4, eff. July 1, 2003.
§11-29-303. Duties of volunteer firefighters of combination fire
department.
Volunteer firefighters of a combination fire department shall:
1. Be required, when notified, to respond to alarms of fire and
other emergencies;
2. Be required to be present at all regular meetings, call
meetings and schools presented for the benefit of the firefighters;
3. Be dropped from a fire department’s rolls if such volunteer
firefighter has two unexcused absences in succession or three
unexcused absences in a period of three (3) months;
4. Notify the chief if such volunteer firefighter is leaving the
municipality for an extended period of time;
5. Be expelled from the rolls if such volunteer firefighter
refuses to attend training classes provided for him or her;
6. Be expelled from the rolls for the following offenses:
a. conduct unbecoming of a firefighter,
b. any act of insubordination,
c. neglect of duty,
d. any violation of rules and regulations governing the
fire department, or
e. conviction of a felony; and
7. Reside in the same county as the combination fire department
he or she is enrolled in or in a county that immediately borders the
county in which the combination fire department is located.
Added by Laws 2003, c. 460, § 5, eff. July 1, 2003.
§11-29-304. Volunteer Firefighter Recognition Program.
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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.
Added by Laws 2003, c. 460, § 6, eff. July 1, 2003.
§11-30-101. Establishment of municipal hospitals - Financial
statement and estimate
A municipal governing body may establish and maintain a municipal
hospital and do all things necessary and proper in its discretion
pursuant to the authority granted to it by the Constitution and laws
of this state to further the ability of the municipality to provide
hospital service. After the establishment of a municipal hospital,
the governing body shall include an item in its municipal financial
statement and estimate of needs for the following fiscal year to
maintain the hospital. The municipal governing body may engage in
transactions to manage, lease or operate a medical facility outside
the municipal limits to provide a benefit to the community or lessen
the burden of government which does not solely provide a benefit by
generating administrative fees.
Added by Laws 1977, c. 256, § 30-101, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 61, eff. Nov. 1, 1984; Laws 2016, c. 233, § 1.
§11-30-102. Hospital board of control.
The municipal governing body may, in its discretion and by
ordinance, place the exclusive management and control of the
municipal hospital under a board of control of five (5) members,
chosen by the governing body from the citizens of any school district
which is part of the municipality with reference to their fitness for
such office. The members of the board of control shall hold office
for a term of five (5) years from the first day of May following
their appointment, and their terms shall be staggered. At the first
regular meeting of the board, the members shall cast lots for
respective terms of one year, two years, three years, four years, and
five years; thereafter the terms of all members shall be five (5)
years. Vacancies in the board of control shall be filled in the same
manner as original appointments.
Laws 1977, c. 256, § 30-102, eff. July 1, 1978; Laws 1995, c. 34, §
1, emerg. eff. Mar. 31, 1995.
§11-30-103. Organization of board.
The board of control shall, immediately after the appointment and
qualification of its members, meet and organize by electing one
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member as president and one member as secretary. The municipal
treasurer shall act as treasurer of the board.
Laws 1977, c. 256, § 30-103, eff. July 1, 1978.
§11-30-104. Rules and regulations - Expenditures and receipts -
Hospital fund - Personnel.
The board of control shall adopt rules and regulations for its
own guidance and for the governance and operation of the municipal
hospital, not inconsistent with this article, which shall be subject
to the approval of the municipal governing body. It shall have
exclusive control of expenditures of all moneys collected and
deposited to the credit of the municipal hospital fund, of the
hospital building or buildings, and of the care and custody of the
grounds, rooms, or buildings purchased, leased or set apart for the
hospital. All money received by the board on account of the
operation of the hospital, or otherwise, shall be paid by the board
to the municipal treasurer, who shall deposit the same in a special
account in the municipal treasury to be designated the "hospital
fund." Such moneys shall be paid out only upon warrants authorized
by the board, drawn and signed by its secretary, and countersigned by
its president. The board shall have authority to establish a petty
cash fund, not to exceed the sum of Five Hundred Dollars ($500.00) at
any one time, for use in maintaining the hospital, which money shall
be expended by the superintendent of the hosptial on forms prescribed
and authorized by the board of control. The board of control shall
have authority to appoint, and remove, a suitable superintendent, or
matron, or both, and necessary assistants and nurses, and to fix
their compensation, all of which shall be subject to the approval of
the municipal governing body.
Laws 1977, c. 256, § 30-104, eff. July 1, 1978.
§11-30-105. Meetings - Examinations - Pecuniary interest.
The board of control shall hold meetings at least once each month
and keep a complete record of all its proceedings. Three members of
the board shall constitute a quorum thereof. One of its members
shall visit and examine the hospital at least twice each month. No
member of the board shall have a pecuniary interest, either directly
or indirectly, in any purchase for the hospital, except when such a
purchase is made upon a competitive bid basis.
Laws 1977, c. 256, § 30-105, eff. July 1, 1978.
§11-30-106. Qualifications of nurses and attendants - Physicians and
surgeons.
The board of control shall appoint none other than competent and
experienced nurses and attendants for the municipal hospital, and
employ competent and experienced physicians and surgeons to care for,
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and render medical and surgical treatment to, the patients of the
hospital.
Laws 1977, c. 256, § 30-106, eff. July 1, 1978.
§11-30-107. Donations.
Any person desiring to make donations of money, personal or real
property for the benefit of the municipal hospital, or for the
establishment, maintenance or endowment of the hospital, shall have
the right to vest the title to such money or property in the
municipality, to be held and controlled by the municipality, when
accepted, according to the terms of the donation. The municipality
shall be held and considered to be a special trustee as to such money
or property donated.
Laws 1977, c. 256, § 30-107, eff. July 1, 1978.
§11-30-108. Grounds and building.
The board of control shall have the power, with the approval of
the municipal governing body, to purchase grounds and erect thereon a
suitable building for the hospital and to suitably equip the same.
The title to the grounds so purchased, as well as any building
thereon, shall be taken in the name of the municipality as grantee.
Laws 1977, c. 256, § 30-108, eff. July 1, 1978.
§11-30-109. Annual report of board of control.
The board of control shall make, on or before the thirty-first
day of July in each year, an annual report to the municipal governing
body stating:
1. The condition of its trust on the thirtieth day of June of
that year;
2. The various sums of money and property received, and how such
moneys have been expended and for what purposes;
3. The financial condition of the hospital;
4. The budget for the hospital for the next fiscal year;
5. The number of its physicians, attendants, nurses and
employees; and
6. Such other information and suggestions as it may deem of
general interest.
Laws 1977, c. 256, § 30-109, eff. July 1, 1978.
§11-31-101. Establishment of municipal libraries - Financial
statement and estimate.
A municipal governing body may establish and maintain a public
library for the use and benefit of the citizens of the municipality.
The governing body may establish branch libraries in different parts
of the municipality to accommodate the citizens of the municipality.
After the establishment of a municipal public library, the municipal
governing body shall include an item in its municipal financial
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statement and estimate of needs for the following fiscal year to
maintain the public library.
Laws 1977, c. 256, § 31-101, eff. July 1, 1978.
§11-31-102. Library board of directors.
The municipal governing body may, in its discretion and by
ordinance, place the management and control of the public library
under a library board of directors. The library board shall consist
of at least five but not more than nine directors, chosen by the
municipal governing body with reference to their fitness for such
office. No director shall receive compensation as such. Directors
appointed to the library board shall hold office for a term of three
(3) years from the first day of May following their appointment, and
their terms shall be staggered. The municipal governing body may
remove any director for misconduct or neglect of duty. Vacancies in
the library board of directors shall be filled in the same manner as
original appointments.
Added by Laws 1977, c. 256, § 31-102, eff. July 1, 1978. Amended by
Laws 1992, c. 381, § 1, eff. July 1, 1992; Laws 2012, c. 25, § 1.
§11-31-103. Organization of library board.
The library board, immediately after the appointment and
qualification of its directors, shall meet and organize by electing
one director as president, one director as secretary, and by electing
such other officers as the board may deem necessary.
Laws 1977, c. 256, § 31-103, eff. July 1, 1978.
§11-31-104. Powers and duties of library board - Fixing of fees.
The library board shall have control and supervision of the
public library of the municipality. The library board may appoint a
suitable librarian and remove the librarian, subject to approval of
the municipal governing body. The board shall fix any fees to be
charged by the library and shall have such other powers and authority
as may be provided by ordinances of the municipality.
Laws 1977, c. 256, § 31-104, eff. July 1, 1978; Laws 1991, c. 124, §
16, eff. July 1, 1991; Laws 1992, c. 381, § 2, eff. July 1, 1992.
§11-31-105. Grounds and building.
The library board shall have the power, with the approval of the
municipal governing body, to purchase grounds and erect thereon a
suitable building for the use of the municipal library and to
suitably equip the same, and to lease rooms or buildings for the use
of the library. The title to any grounds so purchased or leased, as
well as any building thereon, shall be taken in the name of the
municipality as grantee.
Laws 1977, c. 256, § 31-105, eff. July 1, 1978.
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§11-31-106. Library board may impose fines or penalties.
The library board may impose fines or suitable penalties for loss
of, failure to return, or damage to library materials, subject to
ordinances which the municipal governing body may enact.
Laws 1977, c. 256, § 31-106, eff. July 1, 1978; Laws 1992, c. 381, §
3, eff. July 1, 1992.
§11-31-107. Donations.
Any person desiring to make donations of money, personal or real
property for the benefit of the municipal library shall have the
right to vest the title to such money or property in the
municipality, to be held and controlled by the municipality, when
accepted, according to the terms of the donation. The municipality
shall be held and considered to be a special trustee as to such
property or money donated.
Laws 1977, c. 256, § 31-107, eff. July 1, 1978; Laws 1992, c. 381, §
4, eff. July 1, 1992.
§11-31-108. Annual report of board.
The library board shall make, on or before the thirty-first day
of July in each year, an annual report to the municipal governing
body stating:
1. The condition of its trust on the thirtieth day of June of
that year;
2. The various sums of money and property received from the
library fund and other sources, and how such moneys have been
expended and for what purposes;
3. The budget for the library for the next fiscal year;
4. Statistics on the general character and number of books and
periodicals which:
a. are on hand;
b. are lost or missing;
c. have been added by purchase, gift or otherwise
during the year; and
d. have been loaned out during the year;
5. The number of persons making use of the library during the
year; and
6. Such other information, statistics and suggestions as it may
deem of general interest.
Laws 1977, c. 256, § 31-108, eff. July 1, 1978.
§11-32-101. Definitions.
As used in Sections 32-101 through 32-117 of this title, the
terms "public parking stations" and "parking stations" include
parking lots, parking areas, passageways, arcades, buildings or other
structures for parking or storage of automotive vehicles, and
facilities for ingress and egress to automobile parking facilities.
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Laws 1977, c. 256, § 32-101, eff. July 1, 1978.
§11-32-102. General powers of municipality.
A municipal governing body may:
1. acquire or construct parking stations within the limits of
the municipality;
2. own, maintain, and operate parking stations;
3. own and lease parking stations to or cause parking stations
to be maintained and operated by a financially responsible person,
firm, or corporation; or
4. own and lease to a responsible person, firm, or corporation
who shall construct, finance, and operate one or more parking
stations.
The right of the municipality to own, lease, maintain, operate, and
cause to be operated parking facilities and to fix and collect fees
and tolls for the use of said facilities is hereby declared to be a
public right and use. Said right and facilities shall constitute a
public benefit. The municipal governing body may do all things
necessary and proper in its discretion pursuant to the authority
granted to it by the Constitution and laws of this state to further
the ability of the municipality to provide parking facilities and
services.
Amended by Laws 1984, c. 126, § 62, eff. Nov. 1, 1984.
§11-32-103. Acquiring land for parking stations - Title.
A municipal governing body, in its discretion, may acquire, by
purchase, gift or condemnation, lands for public parking stations for
the control of traffic within the corporate limits of the
municipality. In acquiring lands for public parking stations by
condemnation, the provisions of state law relating to the exercise of
eminent domain by railroads shall be followed. The title to land
condemned or otherwise acquired for parking stations shall be vested
in the municipality; and the costs thereof may be paid as provided in
Section 32-105 of this title for parking station improvements.
Laws 1977, c. 256, § 32-103, eff. July 1, 1978.
§11-32-104. Rights of common carriers and utilities.
If the exercise of powers granted by Sections 32-103, and 32-105
through 32-117 of this title by the municipality makes necessary the
relocation, raising, rerouting or changing the grade of or altering
the construction of any railroad, common carrier, or public utility
property or facility, then all such relocation, raising, rerouting,
changing of grade or alteration of construction shall be accomplished
at the expense of the parking station improvement district. The
municipality shall not disturb the possession or operation of any
railroad, common carrier, or public utility in or to the appropriated
property or facility until the relocated property or facilities are
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available for use and until marketable title thereto has been
transferred to the railroad, common carrier or public utility.
Laws 1977, c. 256, § 32-104, eff. July 1, 1978.
§11-32-105. Establishing parking station improvement district -
Restrictions on cost.
A municipal governing body may make or cause to be made municipal
parking facilities or improvements thereon which confer a special
benefit upon property within a definable area of the municipality and
may levy and collect special assessments upon property in the area
deemed by the governing body to be benefited by the improvement. The
improvement district shall be established by the adoption of a
resolution of the governing body. In the resolution, the governing
body shall:
1. Fix the percentage of cost of acquiring and improving lands
for parking stations which is to be assessed against the improvement
district; and
2. Direct and order a public hearing on the advisability of the
improvement, as provided in Section 32-107 of this title.
The municipality may pay such portion of the cost of the improvement
as the governing body may determine, but not more than fifty percent
(50%) of the total cost thereof.
Laws 1977, c. 256, § 32-105, eff. July 1, 1978.
§11-32-106. Surveys and plans of proposed parking stations.
Before establishing an improvement district for parking stations,
the governing body may conduct a survey and investigation for the
purpose of determining:
1. Suitable locations for parking stations;
2. The approximate cost of acquiring and improving the land
therefor;
3. The area to be included in the improvement district or
districts; or
4. The percentage of the costs of acquiring and improving such
parking stations which shall be paid by the municipality and the
property owners within the district.
A written report on such survey and investigation shall be filed in
the office of the municipal clerk. For the purpose of the survey and
investigation, the governing body may employ appraisers, engineers,
and other persons as it may deem necessary. The cost of the survey
and investigation shall be included as a part of the cost of
acquiring and improving the land for parking stations; except that
if no land be acquired, the costs may be paid from the general fund
of the municipality.
Laws 1977, c. 256, § 32-106, eff. July 1, 1978.
§11-32-107. Public hearing on improvement - Notice.
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Before any contract is let or work is ordered or authorized for
parking station improvements, except the survey and investigation
authorized in Section 32-106 of this title, the governing body shall
conduct a public hearing on the advisability of the improvement, as
set forth in the resolution establishing the improvement district.
Notice of the hearing shall be given by:
1. Publishing a notice in not less than two (2) issues of a
newspaper of general circulation in the municipality. The two (2)
publications shall be seven (7) days apart, and the last publication
shall be at least three (3) days before the hearing; and
2. Mailing a postal card, or a copy of the newspaper
publication, to each listed owner of property within the district, as
shown by the current year's tax rolls in the county treasurer's
office, which mailing shall be not less than ten (10) days before the
hearing on the improvement.
The notice by mail and by publication shall contain:
1. The time and place of the hearing;
2. The general nature of the proposed improvements;
3. The estimated or probable cost of the proposed improvements;
4. The extent of the proposed improvement district to be
assessed;
5. The proposed method of assessment; and
6. The proposed apportionment of cost between the improvement
district and the muncipality.
Laws 1977, c. 256, § 32-107, eff. July 1, 1978.
§11-32-108. Resolution authorizing improvement - Notice.
The governing body may, by a majority vote of its entire
membership, adopt a resolution authorizing the parking station
improvement at any time within six (6) months after the final
adjournment of the hearing on the advisability of making the
improvement. Notice of the resolution shall be published in at least
two (2) issues of a newspaper of general circulation in the
municipality. The notice shall state that any record owner of
property liable to assessment may protest the improvement, as
provided in Section 32-109 of this title.
Laws 1977, c. 256, § 32-108, eff. July 1, 1978.
§11-32-109. Protest.
The parking station improvement shall not be commenced if, within
thirty (30) days after the last publication of the resolution
ordering the improvement, written protests have been filed by both:
1. A majority of the record owners of property liable for
assessment within the improvement district; and
2. The record owners of more than one-half the area liable for
assessment in the district.
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The governing body shall be judge of the sufficiency of any protest
and its decision shall be final and conclusive. Names may be
withdrawn from any protests by the signers thereof at any time before
the governing body convenes to determine the sufficiency thereof.
Laws 1977, c. 256, § 32-109, eff. July 1, 1978.
§11-32-110. Petition for improvement - Contents.
A petition for any parking station improvement may be filed with
the municipal clerk. The petition shall be signed by either:
1. A majority of the record owners of property liable for
assessment under the proposal; or
2. The record owners of more than one-half the area liable for
assessment under the proposal.
The petition shall set forth:
1. The general nature of the proposed improvement;
2. The estimated or probable cost;
3. The extent of the proposed improvement district to be
assessed;
4. The proposed methods of assessment; and
5. The proposed apportionment of cost between the improvement
district and the municipality.
Upon the filing of the petition, the governing body may make findings
by resolution as to the advisability of the improvement, the nature
of the improvement, the estimated cost, the boundaries of the
improvement district, the method of assessment and apportionment of
cost between the improvement district and the municipality, all as
determined by the governing body. Thereupon the governing body may
proceed without notice and hearing to order the improvement as
provided in Section 32-108 of this title, except that no protests
shall be received as provided therein. The area of the improvement
district finally determined by the governing body to be assessed may
not exceed the district proposed in the petition unless notice is
given and a hearing held as provided in Section 32-107 of this title,
and the proceedings shall be subject to protest as in other cases.
Laws 1977, c. 256, § 32-110, eff. July 1, 1978.
§11-32-111. Rules applicable to a petition for improvement.
For the purposes of a petition for parking station improvement,
the following shall apply:
1. After any petition has been signed by an owner of land in the
improvement district, any change in ownership of the land shall not
affect the petition;
2. If any of the owners of lands within the improvement district
are tenants in common or joint tenants, each cotenant or joint tenant
shall be considered a landowner to the extent of his undivided
interest in said land;
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3. The owner of a life estate shall be deemed the sole
landowner;
4. Guardians of minors or insane persons may petition for their
wards when authorized by the probate court to do so; and
5. An Oklahoma corporation having its registered office in the
municipality and owning land in the improvement district shall be
deemed a record landowner.
Laws 1977, c. 256, § 32-111, eff. July 1, 1978.
§11-32-112. Limitation on suits contesting establishment of the
district.
No suit shall be maintained in any court to enjoin or in any way
contest the establishment of parking stations or the establishment of
an improvement district unless the suit be instituted and summons
served within thirty (30) days after the date of the filing of a
petition for the improvement with the municipal clerk, or within
thirty (30) days after the date of the public hearing on the
advisability of the improvement.
Laws 1977, c. 256, § 32-112, eff. July 1, 1978.
§11-32-113. Apportionment of costs - Assessing ordinance -
Limitation on suits.
The portion of the cost of any improvement to be assessed against
the property in the improvement district shall be apportioned against
the property in accordance with the special benefits accruing thereto
by reason of the improvement. The cost may be assessed equally per
front foot or per square foot against all lots and pieces of land
within the improvement district or the cost may be determined and
fixed on the basis of any other reasonable assessment plan which will
result in imposing substantially equal burdens or shares of the cost
upon property similary benefited. The governing body shall determine
the final apportionment of costs of the improvement and shall levy,
by ordinance, assessments in accordance with the apportionment
against the property liable therefor. No suit shall be maintained in
any court to enjoin or in any way contest the validity of any special
assessment for the cost of acquiring or improving parking stations
unless the same be instituted and summons served within thirty (30)
days after the date of the publication of the ordinance levying the
assessment.
Laws 1977, c. 256, § 32-113, eff. July 1, 1978.
§11-32-114. Levy and collection of costs - Installments - Issuance
of bonds.
The levy and assessment shall be payable in not more than ten
equal annual installments. Interest on the whole amount remaining
due and unpaid each year shall be at a rate not exceeding eight
percent (8%) per annum. Delinquent installments, and the unpaid
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interest thereon, shall draw interest at the rate of twelve percent
(12%) per annum from maturity until paid. Any owner of land within
the improvement district may, within thirty (30) days after the
assessing ordinance is passed, pay the entire amount assessed against
such land. The assessing ordinance may provide that if the entire
amount of all assessments shall not have been paid within thirty (30)
days after passage of the assessing ordinance, special assessment
bonds may be issued, sold, collected and enforced as to unpaid
installments of assessments in the same manner as bonds for municipal
street improvements are issued, sold, collected and enforced.
Laws 1977, c. 256, § 32-114, eff. July 1, 1978.
§11-32-115. Cost of maintaining or operating parking stations -
Charges.
After any parking stations are acquired and improved by the
municipality, the cost of maintaining, operating and policing the
same shall be borne by the municipality. The use of the parking
stations may be free or for such charge or charges as shall be
determined by the governing body, to be collected either by parking
meters, by attendants, or otherwise. The governing body may also
prescribe and enforce any fees or charges which are to be made for
the use of such facilities by any lessee or operator of the parking
stations.
Laws 1977, c. 256, § 32-115, eff. July 1, 1978.
§11-32-116. Easements on streets and alleys for parking stations -
Lease of parking stations by municipality.
A. For the purposes of this article, the right of public use and
of the enjoyment of the streets and alleys within any municipality,
heretofore or hereafter dedicated or otherwise established, is hereby
declared to constitute an easement on the land upon which the streets
and alleys are located. Such easement is hereby vested in the State
of Oklahoma with all incidents of ownership thereof, except as
provided in subsection B of this section; provided, that the
management of such easements located within any municipality is
hereby delegated to the municipality except insofar as the management
of the easements has been, or hereafter shall be expressly restricted
by law. The proprietary right in the easements and the management
thereof shall not operate to alter, impair or divest in any manner
whatsoever the state or any of its political subdivisions to the
extent of any delegation by the state of the governmental control and
regulation of the use and enjoyment of streets and alleys as
thoroughfares.
B. All improvements made to any street or alley and all
maintenance and repair thereof shall be effected solely pursuant to
the governmental control and regulation of the streets and alleys as
thoroughfares; and the ownership and management of the easements
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described herein as such shall not include the right of improvement
or maintenance of the easements.
C. For the purpose of expediting traffic and the use and
enjoyment by the public of the easements described herein for
throughfares, each municipality to which management thereof is
delegated may prohibit parking or may designate specific portions of
the easements for limited use for vehicle parking; may prescribe the
limitations of such use for specified periods of time; may fix and
collect a fee or charge for such limited and special use by vehicle
operators, which fee or charge may be required to be paid in advance
for each specified period of time; may lease designated portions of
the easements for the operation of limited vehicle parking thereon
upon the condition that the lessee under any such lease shall make no
greater charges for vehicle parking on the leased portion or
different periods of parking use than shall be specified in the
lease. Each municipality, by ordinance, may protect any self-
operated or leased parking stations or any portions of the easements
designated for prohibited or limited vehicular parking from
unauthorized trespass, may penalize violations, and authorize the
removal and impoundment and sale for costs of removal and penalties
of any trespassing vehicle. All revenues derived from fees and
charges by any municipality and all lease rentals from the leasing of
the easements shall be received by the municipality as compensation
for its management of the easements.
D. Any lease made pursuant to this article shall constitute an
enforceable contract between the respective municipality and its
lessee, and shall not be impaired by any action of the municipality
during its effective term. Nothing herein appearing to the contrary
shall imply any surrender, divestiture, limitation or impairment of
any lawful governmental power of the state or any of its political
subdivisions in relation to any subject whatsoever.
Laws 1977, c. 256, § 32-116, eff. July 1, 1978.
§11-32-117. Disposal of parking station property.
If any parking station so acquired and improved shall become
unsuitable or unusable as a parking station, the governing body, by
ordinance, may discontinue the use of the land as a parking station
and use the same for other municipal purposes or sell the same as
provided by law.
Laws 1977, c. 256, § 32-117, eff. July 1, 1978.
§11-33-101. Purpose of Oklahoma public parks and recreation law.
The purpose of Sections 33-101 through 33-115 of this title is to
promote the establishment, operation and support of public
recreational facilities for the welfare of the people by local
governmental units of Oklahoma either singly or jointly.
Laws 1977, c. 256, § 33-101, eff. July 1, 1978.
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§11-33-102. Definitions.
For the purposes of Sections 33-101 through 33-115 of this title,
the term "governing body" means any city council, city commission,
town board of trustees, board of county commissioners, school board,
or other body acting in lieu thereof, in the State of Oklahoma. The
term "governmental unit" means any city, town, school district, or
county in the State of Oklahoma.
Laws 1977, c. 256, § 33-102, eff. July 1, 1978.
§11-33-103. Powers of cities, towns, counties and school districts.
Any city, town, school district or county may establish, provide,
maintain, construct, set apart and conduct, either singly or jointly
in cooperation with one or more of the other governmental units
specified herein, parks, playgrounds, recreation centers, athletic
fields or grounds, swimming pools, social and community centers, and
other facilities and activities in public schools, parks, buildings
and facilities now owned or acquired. For such purposes the
governing body of the governmental unit may dedicate and set apart
for use as playgrounds, recreation centers and other recreational
purposes any lands or buildings, or both, owned or leased by the
governmental unit and not dedicated or devoted to another public use.
The governmental unit may, in such manner as may now or hereafter be
authorized or provided by law for the acquisition of lands or
buildings for public purposes by the governmental unit, acquire or
lease lands or buildings, or both, within or beyond the corporate
limits of the governmental unit for playgrounds, recreation centers
and other recreational purposes. When the governing body of the
governmental unit shall dedicate, set apart, acquire or lease
buildings for such purposes, it may on its own initiative provide for
their conduct, equipment and maintenance according to the provisions
of this subarticle by making an appropriation from the general
revenues of the governmental unit as for other current expenses of
the governmental unit. Any governing body is hereby authorized and
empowered to establish, provide, maintain, construct and conduct
recreational activities on local nongovernmental properties as well
as on publicly-owned facilities.
Laws 1977, c. 256, § 33-103, eff. July 1, 1978.
§11-33-104. Joint establishment and conduct of system of recreation.
Any two or more governmental units may jointly establish and
conduct such a system of recreation, including recreation centers,
parks, swimming pools, playgrounds and any and all other recreational
facilities and activities, and may exercise all the powers given by
Sections 33-101 through 33-115 of this title. The respective
governing bodies operating such a joint program or programs may
provide by agreement among themselves for all matters connected with
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the program and determine what items of cost and expense shall be
paid by each. All such facilities and activities shall be
governmental in nature, and no liability for negligence shall accrue
against any participating governmental unit.
Laws 1977, c. 256, § 33-104, eff. July 1, 1978.
§11-33-105. Powers of governing body - Creation and powers of
recreation board or commission.
The governing body of any governmental unit may establish a
system of supervised recreation and it may, by resolution or
ordinance, vest the power to provide, maintain and conduct
playgrounds, recreation centers and other recreational facilities and
activities in a board, department or commission as it may determine.
Any agency so designated shall have the power to maintain and equip
playgrounds, recreation centers and the buildings thereon, and it
may, for the purpose of carrying out the provisions of this
subarticle employ play leaders, playground directors, supervisors,
recreational superintendents, and such other officers and employees
as may be deemed proper. However, all appropriations for such
purposes shall remain and be vested in the governing body of the
governmental unit.
Laws 1977, c. 256, § 33-105, eff. July 1, 1978.
§11-33-106. Public recreation board or commission - Membership -
Appointment.
A. If the governing body or bodies of any governmental unit or
units shall determine that the power to provide, establish, conduct
and maintain such recreation centers, facilities and playgrounds
shall be exercised by a board or commission acting through a public
recreation department, the governing body or bodies shall, by
resolution or ordinance, singly or jointly, establish in the
governmental unit or units a public recreation board which shall
possess all the powers necessary to the carrying out of the
provisions of this subarticle, and the planning and providing of a
comprehensive program of public recreation. However, the financial
and fiscal affairs of the board or commission and the public
recreation program shall be under the supervision and control of the
governing body or bodies of the governmental unit or units.
B. If a public recreation board or commission is established, it
shall consist of not less than five (5) persons serving without pay,
to be appointed jointly by a majority of the members of the governing
body or bodies of the governmental unit or units. The term of office
of each of the members of the board or commission shall be fixed by
the governing body or bodies or the governmental unit or units;
however all terms shall not expire at the same time. Immediately
after their appointment, the members of the board or commission shall
meet and organize by electing one of their members chairman, and such
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other offices as the board may deem necessary. The board or
commission shall elect officers annually and may appoint permanent or
temporary committees, who may or may not be members of the board or
governing body, to advise and assist it in the conduct of its
affairs. Vacancies on the board or commission occurring otherwise
than by expiration of their term of office shall be filled by the
presiding officer of the governing body or bodies only for the
unexpired term of the member whose vacancy is being filled.
Laws 1977, c. 256, § 33-106, eff. July 1, 1978.
§11-33-107. Public recreation board or commission - Functions -
Superintendent.
If a public recreation board or commission shall be established,
it shall discharge its functions through a public recreation
department, as provided in Section 33-106 of this title, shall make
annual reports, shall adopt rules and regulations and establish
general policies for the conduct of its business and for the
operation of public recreational activities and services. It shall
make an annual report to the governing body or bodies and such
special reports as may be requested in writing by the governing body
or any of the governing bodies; provided that a copy of all reports
shall be furnished to each governing body if there be more than one.
The public recreation board or commission, in order to carry out the
provisions of this subarticle, shall recommend a superintendent of
recreation, not of its own membership or of the membership of the
governing body or bodies, who is trained in public recreation and who
shall be responsible for formulating the recreational program and
community organization for recreation and who shall be the
administrative head of the public recreation department. The
superintendent shall be secretary of the public recreation board or
commission, but shall have no vote. The superintendent shall:
1. Suggest and participate in planning public recreation and
deciding upon matters of policy adopted by the board or commission;
2. Recommend appointment of trained personnel within the
budgetary limits of the department;
3. Be in charge of all employees, and make all contracts and
expenditures subject to the policies, rules and regulations of the
board or commission;
4. Direct and be responsible for the work performed;
5. Make an annual report to the board or commission and such
special reports as may be requested in writing by the board or
commission; and
6. Prepare annually a budget for the operation of the recreation
program for the succeeding fiscal year.
Salaries of all employees, including that of the superintendent,
shall be determined by the board or commission. When the recreation
program budget has been approved by the board or commission, it shall
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be presented to the governing body or bodies for approval. All funds
credited to the public recreational board or commission shall be paid
out as are other public funds.
Laws 1977, c. 256, § 33-107, eff. July 1, 1978.
§11-33-108. Parallel systems within same area not authorized.
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.
Laws 1977, c. 256, § 33-108, eff. July 1, 1978.
§11-33-109. Grants and devises of real property - Gifts and
bequests.
Any governmental unit which may provide for or establish any
recreation center or facilities as provided herein may accept any
grant or devise of real estate, or any gift or bequest of money or
other personal property or any donation to be applied (either
principal or income) for either temporary or permanent use for
playground or recreational centers or recreational purposes; but if
the acceptance thereof for such purpose will subject such
governmental unit to additional expense for improvement, maintenance
or otherwise, the acceptance of any grant, devise or gift shall be
subject to the approval of the governing body of such governmental
unit. Money received for such purpose, unless otherwise provided by
the terms of the gift or bequest, shall be deposited with the
treasurer of the governmental unit to be a special account of the
recreation center or activity and shall be considered as a continuing
fund to be used for such purpose and shall not be considered as a
part of the cash surplus on hand of the governmental unit for the
purpose of making appropriations and levying taxes for the
governmental unit.
Laws 1977, c. 256, § 33-109, eff. July 1, 1978.
§11-33-110. Bonds - Power to issue - Manner of issuance.
The governing body of the governmental unit may issue bonds,
pursuant to law, provided that bonds of the governmental unit may be
issued in the manner provided by law for the issuance of bonds for
other functions, for the purpose of acquiring land or buildings for
playgrounds, recreation centers, swimming pools and other
recreational purposes, and for the equipment thereof.
Laws 1977, c. 256, § 33-110, eff. July 1, 1978.
§11-33-111. Petition for recreation programs - Submission of
question to voters.
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Whenever a petition is signed by at least five percent (5%) of
the registered voters of a governmental unit requesting its governing
body to provide, establish, maintain, conduct, either singly or
jointly with one or more of the other governmental units specified
herein, a recreation system and an appropriate amount of funds
necessary for the establishment thereof, it shall be the duty of the
governing body of the governmental unit to cause the question of
establishment, maintenance and conduct of the recreational system or
facilities to be submitted to the registered voters of the
governmental unit, and the proposition of the issuance of bonds
therefor to be voted on in a special or general election. Upon the
adoption of the proposition, the governing body of the governmental
unit shall by appropriate resolution or ordinance provide for the
establishment, maintenance and conduct of such recreation center or
other recreational purposes or facilities.
Laws 1977, c. 256, § 33-111, eff. July 1, 1978.
§11-33-112. Limitation of indebtedness - Approval of bonds and
proceedings by Attorney General.
Any indebtedness created or bonds issued under authority of
Sections 33-101 through 33-115 of this title shall be within the
limitations and provisions of Sections 26 or 27, Article X of the
Oklahoma Constitution. Any bonds or proceedings incident to the
issuance shall be submitted to and approved by the Attorney General
of Oklahoma, in the manner and with the effect provided in Sections
11, 13 and 14 of Title 62 of the Oklahoma Statutes.
Laws 1977, c. 256, § 33-112, eff. July 1, 1978.
§11-33-113. Buildings - Tax levy.
The governing body of a governmental unit may provide for the
erection of buildings for any such recreational purposes or functions
by providing for a tax levy therefor under the provisions of Section
10, Article X of the Oklahoma Constitution.
Laws 1977, c. 256, § 33-113, eff. July 1, 1978.
§11-33-114. Department of Tourism and Recreation - Aid and
assistance - Existing authority not impaired.
The Oklahoma Tourism and Recreation Department may provide, upon
request, to the governmental units of Oklahoma or to any
nongovernmental agency or organization, aid and assistance in
planning for the development of wholesome and adequate community
recreation programs. The Department may provide a supervisor of
recreation, who is technically trained, with adequate administrative
experience in the field of community recreation, to encourage,
consult with, aid and assist such governmental units and agencies in
establishing recreation programs. The supervisor of recreation may
encourage and render assistance in the promotion of training programs
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for volunteer and professional recreation leaders in cooperation with
other agencies, organizations and institutions, and may encourage the
establishment of standards for recreation personnel. The Department
may act jointly with other state agencies, institutions, departments,
boards or commissions, to coordinate the park and recreational
functions at the state level of government. Nothing in Sections 33-
101 through 33-115 of this title shall be construed as limiting or
impairing the authority or responsibility of any other department or
agency of the State of Oklahoma under any other act.
Laws 1977, c. 256, § 33-114, eff. July 1, 1978.
§11-33-115. Public recreation law cumulative.
The provisions of Sections 33-101 through 33-115 of this title
shall in no manner supersede or repeal any laws now in force or
effect or any charter provisions of any municipality relating to
municipal parks or park boards, but shall be cumulative to all such
laws and charter provisions thereof.
Laws 1977, c. 256, § 33-115, eff. July 1, 1978.
§11-33-201. Municipality may lease or grant fishing and hunting
privileges or licenses.
The governing body of any municipality owning or controlling
lakes, ponds, streams or reservoirs for the purpose of furnishing
water to the municipality may let, lease or rent, or issue privileges
or licenses upon the water courses, lakes, ponds or reservoirs for
the purpose of hunting, fishing and propagating fish, subject to
rules and regulations as may be provided by the municipal governing
body.
Laws 1977, c. 256, § 33-201, eff. July 1, 1978.
§11-33-202. Terms of leases - Exclusion of commercial propagation of
fish.
No lease issued under the authority of Section 33-201 of this
title shall be for a longer period than ten (10) years, nor shall any
lease be given to any individual, corporation, or stock company which
has for its purpose the propagation of fish for commercial purposes
unless the governing body of the municipality determines that the
lake, pond, stream, water course or reservoir has not been used for
at least three (3) years for amusement or recreational purposes.
However, if a lease contains a provision that the premises described
in the lease shall be open to the public for free hunting and fishing
privileges, then the lease may be for any period of time, not to
exceed twenty-five (25) years.
Laws 1977, c. 256, § 33-202, eff. July 1, 1978; Laws 1991, c. 313, §
1, eff. Sept. 1, 1991.
§11-33-203. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
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§11-33-204. Docks, boathouses and boats - Powers of municipalities.
The governing body of any municipality owning lands, inside or
outside of the corporate limits, which adjoin and abut upon a lake or
large body of water capable of being used by a motor-propelled boat
may own, construct, maintain, operate, and equip docks, boathouses,
and boats for amusement and recreational purposes. The governing
body may also lease or rent to any person lots or spaces and provide
permits for the construction or use of privately owned boathouses or
docks or other recreational purposes on such property for amusement
and recreational purposes pursuant to such terms as the governing
body deems proper. Said governing body may fix and collect fares,
rents, tolls, or other revenues for the use of said facilities, lots
and spaces, and the issuance of permits. The right of a municipality
to own, construct, maintain, operate and equip said docks,
boathouses, and boats, and to rent or lease such spaces and lots and
the issuance of permits for the construction or use of such privately
owned docks or boathouses for amusement and recreational purposes is
hereby declared to be a public right and use. Rent and lease of such
lots and spaces shall be at fair market value. Except in cases of
rentals and leases authorized herein, said right and facilities shall
constitute a public benefit. The municipal governing body may do all
things necessary and proper in its discretion pursuant to the
authority granted to it by the Constitution and laws of this state to
further the ability of the municipality to provide for the amusement
and recreational services authorized by the provisions of this
section.
Amended by Laws 1984, c. 126, § 63, eff. Nov. 1, 1984; Laws 1991, c.
152, § 1, eff. Sept. 1, 1991.
§11-33-205. Establishment of fish and game commission - Appointment
- Powers.
The governing body of any municipality having a municipally-owned
lake or lakes may provide by ordinance for the creation of a
municipal Fish and Game Commission, and establish the number of
members, their terms, and manner of appointment. The municipal Fish
and Game Commission shall exercise control and supervision over the
hunting and fishing privileges on and around such lake or lakes and
the improvement of such lake or lakes for hunting and fishing. The
Commission shall fix the fees to be charged for hunting and fishing,
and have such other power and authority as may be provided by the
ordinances of the municipality.
Laws 1977, c. 256, § 33-205, eff. July 1, 1978.
§11-34-101. Police officers.
A. A municipal police officer shall at all times have the power
to make or order an arrest for any offense against the laws of this
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state or the ordinances of the municipality. The officer shall have
such other powers, duties and functions as may be prescribed by law
or ordinance.
B. In addition to regular full-time municipal police officers,
reserve municipal police officers may also be appointed by the chief
of police. Reserve municipal police officers shall have the powers,
duties and functions as set forth in law or ordinance for regular
full-time municipal police officers, including serving as police
officers in another municipality requesting assistance pursuant to
Section 34-103 of this title. A reserve municipal police officer
shall serve on a part-time basis and shall perform duties only while
on authorized duty. Noncompensated reserve municipal police officers
may serve as dispatchers or confinement officers at municipal jails.
Part-time reserve officers shall serve not more than one hundred
forty (140) hours per calendar month.
Such reserve municipal police officers must meet the minimum
requirements of Section 3311 of Title 70 of the Oklahoma Statutes.
Added by Laws 1977, c. 256, § 34-101, eff. July 1, 1978. Amended by
Laws 1981, c. 134, § 1, eff. Oct. 1, 1981; Laws 1997, c. 228, § 1,
emerg. eff. May 20, 1997; Laws 2000, c. 162, § 2, eff. Nov. 1, 2000;
Laws 2010, c. 78, § 1, eff. Nov. 1, 2010.
§11-34-101.1. Certification of police officers – Psychological
evaluation.
For purposes of the certification of municipal police officers
pursuant to state law, the employing municipality shall use a
psychological instrument approved by the Council on Law Enforcement
Education and Training. The employing municipality shall administer
such psychological instrument in accordance with standards
established within the test document. To aid the evaluating
psychologist in interpreting the test results, including automated
scoring and interpretations, the municipal employer shall provide the
psychologist a statement confirming the identity of the individual
taking the test as the person who is employed or seeking to be
employed as a police officer of the municipality and attesting that
it administered the psychological instrument in accordance with
standards within the test document. The psychologist shall report to
the employing municipality the evaluation of the assessment
instrument and may include any additional recommendations to assist
the employing municipality in determining whether to certify to the
Council on Law Enforcement Education and Training that the person
being evaluated is suitable to serve as a police officer. No
additional procedures or requirements shall be imposed for
performance of the psychological evaluation.
Added by Laws 2006, c. 301, § 5, eff. Nov. 1, 2006.
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§11-34-102. Chief of police - Powers, duties and functions -
Qualifications.
A. The chief of police of a municipality shall be a peace
officer and shall enforce the municipal ordinances. The chief of
police of a municipality shall have such other powers, duties and
functions as may be prescribed by law or ordinance.
B. Any person elected or appointed to the position of chief of
police of a municipality shall meet the following qualifications:
1. Be at least twenty-one (21) years of age;
2. Be a citizen of the United States;
3. Possess at least a high school diploma or General Education
Diploma (GED);
4. Be certified as a peace officer in this state by the Council
on Law Enforcement Education and Training (CLEET), or meet all
requirements necessary for CLEET certification and obtain such
certification within six (6) months of assuming the position of chief
of police or as otherwise allowed by Section 3311 of Title 70 of the
Oklahoma Statutes; and
5. Have successfully completed a course of training meeting at
least the minimal criteria established by the Council on Law
Enforcement Education and Training (CLEET) for police chief
administration, successfully completed an approved police chief
administrative school which has been developed by the Oklahoma
Association of Chiefs of Police and approved by the Council within
twelve (12) months of assuming the position of chief of police.
C. 1. Any person who does not meet the qualifications of
paragraph 4 or 5 of subsection B of this section at the time of
election or appointment to the position of chief of police and who
fails after assuming the position of chief of police to meet such
qualifications within the time required shall have their CLEET
certification revoked for the purpose of serving as chief and be
removed from the position.
2. Any person assuming the position of chief of police without
prior CLEET certification who fails to complete an approved course of
training or police chief administration school within the time
required shall be precluded from obtaining CLEET certification while
in such position.
D. The Council on Law Enforcement Education and Training (CLEET)
shall establish minimal criteria for the qualifications of paragraph
5 of subsection B of this section relating to a course of training
and police chief administration schools and approve all training
offered in this state relating to police chief administration. The
Oklahoma Association of Chiefs of Police in consultation and
cooperation with the Council is directed to develop a Police Chief
Administrative School consisting of training courses that meet at
least the minimal criteria established by the Council.
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E. The provisions of this act relating to qualifications for a
chief of police shall not apply to any person who has assumed the
position of chief of police and is currently serving as the chief of
police of a municipality on or before November 1, 2006.
Added by Laws 1977, c. 256, § 34-102, eff. July 1, 1978. Amended by
Laws 2006, c. 33, § 1, eff. Nov. 1, 2006; Laws 2013, c. 232, § 1,
eff. Nov. 1, 2013.
§11 34 103. Performance of police functions outside employing
municipality.
A. Commissioned police officers of the regular police department
of any municipality, upon request of the mayor or a designee, or
chief of police or a designee, of any other municipality, may serve
as police officers in the municipality requesting their assistance
upon approval of the governing body of the municipality where such
officers are regularly employed. While so serving in another
municipality, such police officers shall have the same powers and
duties as though employed by the municipality where such duties are
performed; except that salaries, insurance and other benefits shall
be provided in their regular manner by the municipality in which the
police officers are regularly employed.
B. Commissioned police officers of the regular police department
of any municipality, upon request of a county sheriff or a designee,
or upon request by a commissioned law enforcement officer of the
Oklahoma Highway Patrol, may serve as law enforcement officers for
the sheriff's office or the Oklahoma Highway Patrol, respectively, if
such service has been authorized by prior resolution by the governing
body of the municipality where such officers are regularly employed.
While so serving, such police officers shall have the same powers and
duties as though employed by the requesting law enforcement agency
and when so acting they shall be deemed to be acting within the scope
of employment of the requesting law enforcement agency; except that
salaries, insurance and other benefits shall be provided in their
regular manner by the municipality in which the police officers are
regularly employed.
C. Commissioned police officers of the regular police department
of any municipality may be deputized by the county sheriff or a
designee subject to an interlocal governmental agreement to combine
city and county law enforcement efforts and to encourage cooperation
between city and county law enforcement officials. Liability for the
conduct of any municipal police officers deputized under the terms
and conditions of an interlocal governmental agreement shall remain
the responsibility of their municipal employer.
D. The governing body of a municipality may, by resolution,
authorize the chief executive officer of the municipality to respond
to any request from any other jurisdiction within the state for law
enforcement assistance in cases of emergency. The police officers of
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the municipality serving in response to the emergency request shall
have the same powers and duties as though employed by the requesting
law enforcement agency and when so acting they shall be deemed to be
acting within the scope of employment of the requesting law
enforcement agency; provided, however, that salaries, insurance and
other benefits shall be provided in the regular manner by the
municipality in which the police officers are regularly employed.
As used in this section, "emergency" means a sudden and
unforeseeable occurrence or condition either as to its onset or its
extent of such severity or magnitude that immediate response or
action is necessary to assist law enforcement agencies having
jurisdiction at the scene of the emergency to carry out their
functions.
Added by Laws 1977, c. 256, § 34-103, eff. July 1, 1978. Amended by
Laws 1979, c. 7, § 1, emerg. eff. March 30, 1979; Laws 1987, c. 63, §
1, emerg. eff. May 4, 1987; Laws 1988, c. 96, § 1, emerg. eff. April
1, 1988; Laws 1992, c. 285, § 2, emerg. eff. May 25, 1992; Laws 1996,
c. 174, § 1, emerg. eff. May 14, 1996; Laws 2007, c. 62, § 1, emerg.
eff. April 30, 2007.
§11-34-104. Disposition of personal property or money or legal
tender.
A. Any chief of police is authorized to dispose of personal
property or money or legal tender as provided in this section or the
charter of the municipality, which has come into the possession of
the chief of police in any manner if:
1. The owner of the personal property or money or legal tender
is unknown or has not claimed the property;
2. The property or money or legal tender has been in the custody
of the chief of police for at least ninety (90) days; and
3. The property or money or legal tender or any part thereof is
no longer needed to be held as evidence or for any other purpose in
connection with any litigation.
B. The chief of police shall file an application in the district
court in which the situs of government of the municipality is located
requesting the authority of the court to conduct a sale of the
personal property which has a fair market value of more than its face
value. The chief of police shall attach to the application a list
describing the property including any identifying numbers and marks,
the date the property came into the possession of the chief of
police, and the name of the owner and the person in last possession,
if different, and the address of the person, if known. The court
shall set the application for hearing not less than ten (10) days nor
more than twenty (20) days after filing of the application.
C. In any instance where the property has an actual or apparent
value of more than Two Hundred Fifty Dollars ($250.00), at least ten
(10) days prior to the date of the hearing, written notice of the
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hearing shall be sent by first-class mail, postage prepaid, to each
owner at the address as listed in the application. If the owner of
any property with an actual or apparent value exceeding Five Hundred
Dollars ($500.00) is unable to be served written notice by first-
class mail, notice shall be provided by one publication in a
newspaper of general circulation in the county where the property is
in custody. The notice shall contain a brief description of the
property of the owner and the place and date of the hearing. The
notice shall be posted at the assigned place for the posting of
municipal notices, and at two other public places in the
municipality.
D. If no owner appears and establishes ownership to the property
at the hearing, the court shall enter an order authorizing the chief
of police to dispose of the property as follows:
1. Donate the property having value of less than Five Hundred
Dollars ($500.00) to a not-for-profit corporation as defined in Title
18 of the Oklahoma Statutes for use by needy families;
2. Sell the personal property for cash to the highest bidder,
after at least five (5) days' notice of the sale has been published;
3. Transfer the property to a third-party agent under contract
with the governing body of the chief of police for sale by Internet
or other electronic means, regardless of whether the sale structure
or distribution site is within the State of Oklahoma; or
4. By any other means as determined appropriate by the court,
including but not limited to, destruction.
Regardless of the means of disposition, the chief of police shall
make a return of the donation or sale and the order of the court
confirming the donation or sale shall vest title to the property in
the recipient or purchaser. After payment of court costs and other
expenses, the remainder of money received from the sale of the
personal property shall be deposited in the municipal general fund.
E. All money or legal tender which has come into the possession
of the chief of police pursuant to the circumstances provided for in
subsection A of this section shall be transferred by the chief of
police to the municipal clerk for deposit in the municipal general
fund. Prior to any transfer, the chief of police shall file an
application in the district court requesting the court to enter an
order authorizing the chief of police to transfer the money for
deposit in the municipal general fund. The application shall
describe the money or legal tender, the date the same came into the
possession of the chief of police, and the name of the owner and the
address of the owner, if known. Upon filing the application which
may be joined with an application as described in subsection B of
this section, a hearing shall be set not less than ten (10) days nor
more than twenty (20) days from the filing of the application.
Notice of the hearing shall be given as provided for in subsection C
of this section. The notice shall state that upon failure of anyone
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to appear to prove ownership to the money or legal tender, the court
shall order the same to be deposited in the municipal general fund.
The notice may be combined with a notice to sell personal property as
provided for in subsection B of this section. If no one appears to
claim and prove ownership to the money or legal tender at the
hearing, the court shall order the same to be transferred to the
municipal general fund as provided in this subsection.
F. The provisions of this section shall not apply to any
dangerous or deadly weapons, narcotic or poisonous drugs, explosives,
or any property of any kind or character, which the possession of is
prohibited by law. By order of the trial court, any property filed
as an exhibit or held by the municipality shall be destroyed or sold
or disposed of, pursuant to the conditions prescribed in the order.
G. The municipality is hereby authorized to establish a
procedure for the registration of "lost and found" property. The
procedure shall give the finder of any property the option of
relinquishing any future claim to found property at the time its
possession is surrendered to the police or other agent of the
municipality, or of retaining possession of the property after
registering its description and the finders identity with the police
department or other agent of the municipality. Only property in
which the finder relinquishes any future claim to its ownership will
be stored in municipal police property rooms.
H. The municipality may provide by ordinance that a percentage
of the money or legal tender deposited in the municipal general fund
as provided in subsection D or E of this section may be paid as a
finders fee for services rendered to any person who found the
unclaimed personal property or money or legal tender and delivered it
to, or registered it with, the chief of police or other agent of the
municipality.
Added by Laws 1983, c. 294, § 1, eff. Nov. 1, 1983. Amended by Laws
1985, c. 73, § 1, emerg. eff. May 16, 1985; Laws 1989, c. 255, § 4,
emerg. eff. May 19, 1989; Laws 1990, c. 44, § 1, emerg. eff. April 5,
1990; Laws 1995, c. 45, § 1, eff. Nov. 1, 1995; Laws 1998, c. 234, §
3, eff. Nov. 1, 1998; Laws 2003, c. 91, § 1, eff. Nov. 1, 2003; Laws
2005, c. 56, § 1, eff. Nov. 1, 2005; Laws 2010, c. 73, § 1, eff. Nov.
1, 2010; Laws 2012, c. 166, § 1, eff. Nov. 1, 2012.
NOTE: Laws 2010, c. 111, § 1 repealed by Laws 2011, c. 1, § 8,
emerg. eff. March 18, 2011.
§11-34-105. Management and operation of jail facilities by
Department of Corrections or private prison contractor.
A. The governing body of any city or town is authorized to enter
into professional services contracts with the State Department of
Corrections for the housing of state prisoners in any facility
approved by the State Department of Corrections or private
contractors for the management and operation of any jail owned by the
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city or town or for the incarceration of inmates in facilities owned
and operated by the city or town. Such services shall meet any
standards prescribed and established for jails in this state,
including but not limited to standards concerning internal and
perimeter security, discipline of inmates, employment of inmates, and
proper food, clothing, housing, and medical care. Contracting
procedures shall be pursuant to municipal ordinances. Said contracts
shall be entered into for a period not to exceed fifty (50) years,
subject to annual appropriation by the governing body of the city or
town. Said contracts shall be valid for a fiscal year only if the
governing body of the city or town provides an appropriation for the
contract for the fiscal year.
B. Any contract between a city or town and private prison
contractor, whereby the contractor provides for the housing, care,
and control of inmates in a facility owned and operated by the
contractor, shall contain provisions granting the city or town the
option at the beginning of each fiscal year to purchase, at a
predetermined price any such facility.
C. No contract authorized by the provisions of this section
shall be awarded until the private contractor demonstrates to the
satisfaction of the governing body:
1. that the contractor has the necessary qualifications and
experience to provide the services specified in thecontract;
2. that the contractor has the necessary qualified personnel to
implement the terms of the contract;
3. that the financial condition of the contractor is such that
the terms of the contract can be fulfilled;
4. that the ability of the contractor to obtain insurance or
provide self-insurance to:
a. indemnify the city or town against possible
lawsuits arising from the operation of jail facilities by the
contractor, and
b. compensate the city or town for any property
damage or expenses incurred due to the operation of jail facilities;
and
5. that the contractor has the ability to comply with
applicable court orders and jail standards.
D. A person designated by the governing body of the city or
town shall monitor implementation of the contract.
E. A private contractor, in implementing a contract pursuant to
the provisions of this section, shall not be bound by state laws or
other legislative enactments which govern the appointment,
qualifications, duties, salaries or benefits of jailers or other
employees of the jail facilities, except that any personnel
authorized to carry and use firearms shall comply with the
certification standards required by the provisions of Section 3311 of
Title 70 of the Oklahoma Statutes and be authorized to use firearms
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only to prevent the commission of a felony, to prevent escape from
custody, or to prevent an act which would cause death or serious
bodily injury to the personnel or to another person.
F. Except as otherwise provided, any state law or municipal
ordinance governing municipal jails shall apply to jail facilities
operated by a private contractor.
G. Any offense which would be a crime if committed within a
municipal jail also shall be a crime if committed in a jail facility
operated by a private contractor.
Added by Laws 1987, c. 80, § 10, operative July 1, 1987. Amended by
Laws 1987, c. 205, § 28, operative July 1, 1987.
§11-34-106. Use of unmarked vehicle prohibited – Official uniform
required.
The State of Oklahoma hereby declares and states that the
increased number of persons impersonating law enforcement officers by
making routine traffic stops while using unmarked cars is a threat to
the public health and safety of all the citizens of the State of
Oklahoma; therefore it shall be unlawful for any municipal police
department to use any vehicle which is not clearly marked as a law
enforcement vehicle for routine traffic enforcement except as
provided in Section 12-218 of Title 47 of the Oklahoma Statutes. In
addition to Section 12-218 of Title 47 of the Oklahoma Statutes, the
peace officer operating the law enforcement vehicle for routine
traffic stops shall be dressed in the official uniform including
shoulder patches, badge, and any other identifying insignias normally
used by the employing law enforcement agency.
Added by Laws 1999, c. 24, § 1, eff. July 1, 1999. Amended by Laws
2003, c. 33, § 2, eff. Nov. 1, 2003.
§11-34-107. Safety and liability policies.
A. Beginning January 1, 2016, every municipal police department
shall have adopted policies in place that at a minimum address the
following safety and liability issues, including but not limited to:
1. Search and seizure;
2. Arrest and alternatives to arrest;
3. Strip and body cavity searches;
4. Evidence and property management;
5. Inventories and audits;
6. Use of firearms and use of force;
7. Pursuit driving;
8. Impartial policing/racial profiling;
9. Mental health;
10. Professional conduct of officers;
11. Domestic abuse;
12. Response to missing persons; and
13. Supervision of part-time officers.
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B. The Oklahoma Association of Chiefs of Police shall possess
the responsibility of conducting compliance reviews for Oklahoma
Municipal Law Enforcement Agencies. Compliance reviews shall be
conducted upon receipt of a complaint or reasonable cause to believe
that the agency has failed to comply with safety and liability policy
requirements.
C. A complaint against a municipality for noncompliance with
this section shall be submitted in writing to the Oklahoma
Association of Chiefs of Police, the Director of CLEET and the
municipality pursuant to the provisions of Section 22-103 of Title 11
of the Oklahoma Statutes. Upon notification, the municipality shall
have six (6) months to come into compliance. If the agency has not
come into compliance after six (6) months, the Oklahoma Association
of Chiefs of Police shall notify in writing the chief elected
official of the governing body of the law enforcement agency, the
chief law enforcement officer of the law enforcement agency, and the
liability insurance company of the law enforcement agency. If after
six (6) months a municipality has not reached full compliance with
the requirements of this section, the Oklahoma Association of Chiefs
of Police may request the Director of CLEET for an additional six (6)
months if it is determined the municipality is substantially
attempting to comply with the requirements herein.
Added by Laws 2013, c. 232, § 2, eff. Nov. 1, 2013. Amended by Laws
2019, c. 131, § 1, eff. Nov. 1, 2019.
§11-34-108. Impaired driver arrest report.
In any case in which a person is arrested for driving under the
influence of alcohol or other intoxicating substance, an impaired
driver arrest report shall be completed by the municipal law
enforcement officer who made the arrest and shall be entered into the
impaired driver database created pursuant to Section 8 of this act.
Added by Laws 2016, c. 172, § 3, eff. Nov. 1, 2016.
§11-35-101. Extension of utility lines and service beyond corporate
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, pipelines, mains or
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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.
Amended by Laws 1987, c. 23, § 2, eff. Nov. 1, 1987.
§11-35-102. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-35-102.1. Disposition of proceeds from investment of meter
deposit funds.
The proceeds from any investments of meter deposit funds and any
other earnings therefrom shall be considered to be profit derived
from the investment and shall be placed in the fund from which the
operation and maintenance expenses of the utility, for which the
meter deposits invested were collected, are paid. The investment of
such funds by the municipality shall in no manner impair its
obligation to any person, firm or corporation, to refund in full any
or all deposits theretofore or thereafter made.
Added by Laws 1995, c. 166, § 5, emerg. eff. May 4, 1995.
§11-35-103. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-35-104. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-35-105. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-35-106. Repealed by Laws 1991, c. 124, § 35, eff. July 1, 1991.
§11-35-107. Utility deposit - Refund - Notice - Forfeiture.
A. Money in the municipal treasury which has been acquired as a
utility deposit from a customer of a municipal utility shall be
refunded or credited to the customer upon termination of the utility
service and payment of all charges due and connected with the
service, or at an earlier date as may be allowed by the municipality.
Refunds to the customer shall be made in accordance with the
procedures set forth in this section.
B. If a utility deposit is to be refunded to the customer
instead of being credited to the account of the customer, a refund
check or warrant payable to the customer shall be issued by the
municipal utility within thirty (30) days following the termination
of the utility service.
C. Utility deposit refund checks or warrants of Five Dollars
($5.00) or less shall be cashed by the customer within one (1) year
of the termination of the utility service. Any such refund check or
warrant not cashed by the customer within one (1) year of termination
of the utility service shall be cancelled and the amount of the
deposit shall be paid into the fund of the municipal utility for
which the deposit was collected, or into the general fund as may be
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determined by the municipal governing body. No municipal utility
customer shall have the right to any claim or refund on the deposit
following the expiration of the one-year time period as set forth in
this subsection.
D. If a utility deposit refund check or warrant in excess of
Five Dollars ($5.00) has not been cashed by a customer within one (1)
year following termination of the utility service to the customer,
the municipality shall send written notice to the customer at the
last-known address of the customer stating that the refund check or
warrant shall be cancelled and the deposit will be paid over to the
municipality unless it is cashed by the customer within ninety (90)
days of the date the notice is mailed by the municipality. If the
check or warrant is not cashed within the ninety (90) days, the check
or warrant shall be cancelled and the amount of the deposit shall be
paid into the fund of the municipal utility for which the deposit was
collected, or into the general fund as may be determined by the
governing body. No municipal utility customer shall have a right to
any claim or refund on the deposit after written notice and
expiration of the ninety-day period in accordance with this
subsection.
Added by Laws 1980, c. 253, § 1, eff. Oct. 1, 1980. Amended by Laws
1991, c. 124, § 17, eff. July 1, 1991; Laws 1998, c. 234, § 4, eff.
Nov. 1, 1998; Laws 2000, c. 104, § 1, eff. Nov. 1, 2000.
§11-35-201. Sale or lease of municipally owned public utility -
Applicability - Charters.
The provisions of this section through Section 35-205 of this
title relating to the procedure for selling or leasing municipally
owned public utilities shall apply when the municipally owned public
utility is to be sold or leased in its entirety and its fair market
value exceeds Ten Thousand Dollars ($10,000.00). The provisions of
this section through Section 35-205 of this title shall not apply to
any sale of property of a municipality to the state or any agency or
county thereof or any sale or lease to a public trust of which the
municipality is the sole beneficiary. Any municipality governed by
charter, when authorized by said charter, may sell, convey, or lease
any public utility owned by the municipality without conducting an
election as provided for in Section 35-203 of this title. For
purposes of this section through Section 35-205 of this title,
"public utility" shall be interchangeable with "public utilities,
works and ways" and shall include municipally owned parks, lakes and
recreation areas.
Added by Laws 1977, c. 256, § 35-201, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 64, eff. Nov. 1, 1984; Laws 1995, c. 166, § 6,
emerg. eff. May 4, 1995.
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§11-35-202. Necessity of voter authorization prior to sale or lease
of public utility.
No public utility owned by any municipality, as defined in
Section 35-201 of this title, shall be sold, conveyed, leased or
otherwise disposed of by the municipal governing body unless such
sale, lease, conveyance, or other disposal of such utility shall be
authorized by the vote of a majority of the registered voters of the
municipality voting on the question at an election to be held for
such purpose.
Laws 1977, c. 256, § 35-202, eff. July 1, 1978.
§11-35-203. Procedure for sale or lease of public utility - Notice -
Election.
The procedure for the sale or lease of a municipally-owned public
utility shall be as follows:
1. When the governing body of any municipality, as defined in
Section 35-201 of this title, desires to offer for sale or lease any
public utility belonging to the municipality, it shall authorize by
resolution the proper officers of the municipality to give notice and
advertise for bids. The notice shall state that on a specified day
the governing body will receive open bids for the sale or lease of
the public utility. The notice shall also state the requirements for
submission of bids, as provided in Section 35-204 of this title; 2.
The notice shall be published in two (2) consecutive issues of a
newspaper of general circulation in the municipality. The two
publications shall be seven (7) days apart, and the first publication
of the notice shall be at least fifteen (15) days before open bids
will be received;
3. The municipal governing body shall receive bids on the
specified date and select the highest and best bid for the sale or
lease of the public utility, if satisfactory to the governing body;
4. After selecting the highest and best bidder, the governing
body shall, by ordinance, call for an election for the submission of
the following propositions to the registered voters of the
municipality:
a. the question of the proposed sale or lease of the public
utility to the highest and best bidder, and;
b. at the same time, the question of the granting of a
franchise to the bidder if such a franchise is required by the
Oklahoma Constitution.
The questions shall be submitted on the same day. If a franchise is
required by the Oklahoma Constitution, the sale of the utility shall
be conditioned upon the franchise being granted to the bidder by vote
of the people at the election. The election shall be conducted in
the manner provided by law for the granting of franchise; and
5. If the highest and best bidder for the public utility under
the procedure herein defined shall be the owner of a competing
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utility operating under a valid franchise or permit, it shall be
necessary only to submit to the registered voters the question of the
sale of the municipal utility.
Laws 1977, c. 256, § 35-203, eff. July 1, 1978.
§11-35-204. Sale to be for cash - Bids - Payment.
The sale of any public utility, when authorized by the registered
voters, shall be for cash to the highest and best responsible bidder.
Each bid shall be accompanied with a certified check payable to the
clerk of the municipality for ten percent (10%) of the amount bid.
The check shall be cashed by the treasurer of the municipality if the
bid to which the check is attached is accepted, and the proceeds
thereof shall be held to secure the municipality in damages it might
sustain upon the failure of the bidder to pay the amount bid for the
utility. The balance of the purchase price shall be payable in cash
by the successful bidder upon the execution and delivery of proper
legal conveyances and of the property thereby conveyed. The public
utility shall not be delivered, nor shall the right to participate in
any portion of the income derived therefrom accrue to the purchaser
until full payment in cash of the amount of the bid for such utility
is made. Securities in which municipal treasurers are authorized by
law to invest sinking funds may be accepted in lieu of cash.
Laws 1977, c. 256, § 35-204, eff. July 1, 1978.
§11-35-205. Conveyance.
If the sale or lease is authorized at the election on the
question, and the franchise is granted, then the governing body of
the municipality shall convey the utility to the purchaser by proper
legal instruments.
Laws 1977, c. 256, § 35-205, eff. July 1, 1978.
§11-35-206. Expenditures for conservation of electricity or natural
gas by public agencies.
The Oklahoma State Legislature hereby determines that
expenditures of funds for the purposes of the conservation of
electricity or natural gas by public agencies is in the public
interest. In furtherance of this public interest, municipally owned
utilities or public trusts thereof or the Grand River Dam Authority
may expend, with governing board approval, funds to assist consumers
in the establishment of energy conservation activities if there is a
defined and measurable conservation of energy. The expenditures may
be made subsequent to achievement of measures outlined in an energy
audit or an engineering audit of the consumer’s operations.
Added by Laws 2009, c. 205, § 1, eff. Nov. 1, 2009.
§11-36-101. Powers of municipalities.
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The title to streets, roads and public ways within the limits of
a municipality which have been dedicated and accepted by the
municipal governing body is held by the municipality in trust for
public use and enjoyment.
A municipal governing body may, in the manner provided by law:
1. Regulate and control the use of streets, roads and other
public ways within the limits of the municipality;
2. Authorize the execution of any and all contracts, easements
and permits for the use of roads, streets, and other public ways as
the governing body deems to be in the public interest;
3. Establish and change the grade of any street, avenue, lane,
alley or other place;
4. Open, straighten, widen, extend or improve any street,
avenue, lane, alley or other place by grading, paving, constructing,
macadamizing, chatting or graveling, curbing, guttering, draining or
otherwise improving the same;
5. Install necessary manholes, catch basins, culverts, inlets
and drainage pipes, sewers with necessary connections thereto for the
purpose of providing for the adequate disposition of surface water
falling on such improvements or carried thereon;
6. Construct, reconstruct, raise, lower, widen or repair
sidewalks;
7. Authorize and regulate tunnels, walkways and other structures
for public travel under and above public streets and roads; or
8. Make all necessary utility connections whenever the public
necessity may require such improvements.
Laws 1977, c. 256, § 36-101, eff. July 1, 1978.
§11-36-101A. Physically disabled parking and access - Construction
and signage.
A. Cities and towns are hereby authorized to construct and
provide parking spaces, curb cuts, ramps and signage for physically
disabled parking and access for use in conjunction with facilities,
both public and private, open to the general public. The city or
town may bear the cost of such construction, or at the option of the
city or town and the owner of such facilities, share the cost of such
construction with the owner of such facilities.
B. Beginning January 1, 2010, the posted signage for every
parking space that is designated and posted as a reserved area for
the parking of a motor vehicle operated by or transporting a
physically disabled person shall display sign R7-8, as provided in
the latest edition of the Manual on Uniform Traffic Control Devices
published by the Federal Highway Administration of the United States
Department of Transportation, which includes the words “RESERVED
PARKING” and the blue and white international symbol of access. Van-
accessible physically disabled reserved parking spaces shall also
display sign R7-8a immediately below sign R7-8. Municipalities shall
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adopt ordinances in compliance with this subsection by January 1,
2010. The provisions of this section shall be considered an addition
to any federal or state law, rule or regulation regarding the signage
requirements for physically disabled parking spaces and shall not
limit or amend any other applicable laws, rules or regulations.
C. The blue and white international symbol of access,
accompanied by appropriate language including, but not limited to,
“Handicapped Parking”, “Reserved for Handicapped” and “Permit
Required-Towing Enforced” may be used in lieu of sign R7-8 if the
sign was erected prior to January 1, 2010.
Added by Laws 1990, c. 332, § 2, emerg. eff. May 30, 1990. Amended
by Laws 2009, c. 35, § 1, eff. Nov. 1, 2009.
§11-36-102. Resurfacing streets - Procedures and payment of cost.
Regardless of the type or character of the existing surface, the
municipal governing body may resurface, with such material or
materials as the governing body deems proper, any street, avenue,
boulevard, lane, or alley, or any part or parts thereof, within the
municipality, which has heretofore been paved, macadamized, black-
topped, chatted, graveled, or otherwise improved. The municipality
may pay, or provide for payment of, the cost of the resurfacing in
any manner or by any procedure provided by statute for the paving,
macadamizing, black-topping, chatting, graveling, or otherwise
permanently improving streets, avenues, lanes, and alleys in
municipalities. The governing body, in its discretion, may also
provide for the payment of any portion of the cost of the resurfacing
from the street and alley fund of the municipality; from revenue from
parking meters; or from any funds derived from leasing or other uses
of streets and alleys, or other funds available for the maintenance
and repair of such streets, avenues, boulevards, lanes or alleys. In
addition to using any of the above-mentioned funds, the municipal
governing body may also provide for the apportionment and assessment
of the balance of the cost of resurfacing against the real property
benefited thereby, in the manner provided by statute for the
apportionment and assessment of the cost of permanent street
improvements against property benefited thereby.
Laws 1977, c. 256, § 36-102, eff. July 1, 1978.
§11-36-103. Sidewalk improvements generally.
For constructing and repairing sidewalks, and bringing them to
grade for that purpose, the governing body may:
1. Issue or sell bonds in the same manner as provided in Section
22-128 of this title for issuing bonds for public improvements; or
2. Make assessments on all lots and pieces of ground abutting on
the improvement, according to the front foot thereof, and proceed
with improving sidewalks in the manner provided for "Street
Improvements". When streets and sidewalks are graded, paved and
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built at the same time, assessments for such improvements shall be
made at the same time and by the same appraisers.
Amended by Laws 1982, c. 42, § 1, operative July 1, 1982.
§11-36-104. Emergency sidewalk repairs - How made - Notice to owner.
Whenever the municipal governing body deems it necessary for the
public safety to repair any sidewalk in the municipality which has
been or may hereafter be constructed, it may declare, by resolution,
an emergency to exist for the protection of the public safety, by
reason whereof it is necessary to make the repairs immediately. Upon
the adoption of the resolution, notice shall be given to the owner or
occupant of the property directing him to make the repairs within
three (3) days after the service of the notice. If the owner or
occupant cannot be found, the notice may be served by posting a copy
of the notice upon the lot or parcel or real property abutting upon
the portion of the street where the sidewalk repairs are necessary.
If the repairs are not completed within the three-day period, as
directed in the notice, the municipality may proceed to construct or
repair the sidewalk, or let a contract therefor without
advertisement. The cost of making the repairs shall then be assessed
against the abutting property in the manner provided for sidewalk
improvements. All such assessments which amount to Ten Dollars
($10.00) or less shall be paid in one installment at the next tax
paying period after the amount is certified.
Laws 1977, c. 256, § 36-104, eff. July 1, 1978.
§11-36-105. Granting right to close, alter or appropriate roads or
streets for certain purposes.
A. A municipal governing body, by and with the written approval
of the State Highway Commission insofar as state and federal highways
may be affected, may grant to the United States of America, or any
irrigation district, conservancy district, or water users'
association, organized under the laws of Oklahoma, the right to
close, inundate, destroy, alter, or appropriate any municipal roads
or streets in the municipality in connection with the construction,
development, operation, or maintenance of any irrigation,
reclamation, water conservation and utilization, flood control,
military, or national defense project, for needful public buildings,
or other public projects being constructed, operated, developed, or
maintained by the United States of America, or any such district or
association, upon such terms and conditions and for such
consideration as the governing body may determine to be just and
proper.
B. The municipal governing body may authorize the execution of,
and the mayor or other chief official shall in accordance with such
authorization have the power to execute, any and all contracts,
deeds, easements, and other instruments of conveyance as may be
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required in or convenient to the exercise of the powers granted in
this section.
Laws 1977, c. 256, § 36-105, eff. July 1, 1978.
§11-36-106. Title to trees, shrubbery and parking abutting streets -
Injury to - Powers of municipality.
The owners of real estate situated in municipalities abutting
upon public streets and avenues in the municipality shall have,
subject to the lawful supervision of the municipality over its
streets, such title to and right to property in
1. Growing trees situated in front of such real estate, but
within the boundary line of the streets and avenues, and within the
curb line; or
2. Parking and ornamental shrubbery planted and cultivated
within the curb line of the streets and avenues;
so as to enable the owners, in case of wrongful injury or destruction
of the trees, shrubbery or parking, to recover from the person or
corporation causing the injury or destruction the full damages which
the abutting property in front of which they are situated may sustain
by reason thereof, notwithstanding the fee title to the land in such
streets and avenues may not be in the owner of the abutting property.
The abutting property owners shall also have, subject to the
limitations provided in this section, the right of action in any
court of competent jurisdiction to enjoin wrongful injury to or
destruction of the trees, shrubbery or parking. The necessary
trimming of such trees or shrubbery to permit the proper stringing
and passage of utility and other wires shall not be considered as a
wrongful injury. Nothing in this section shall deprive the municipal
governing body of the ordinary supervision of its streets, or of the
right to direct, by proper ordinance, the manner of planting or
cultivating such trees, shrubbery or parking, on the part of the
street where they shall be so planted and cultivated, and from
exercising reasonable supervision of the same, and causing them to be
trimmed and grown in such manner as not to interfere with public
travel upon the streets and sidewalks or other public use.
Laws 1977, c. 256, § 36-106, eff. July 1, 1978.
§11-36-107. Encroachments and obstructions in streets.
The governing body may prohibit and prevent all encroachments
into and upon the sidewalks, streets, avenues, alleys and other
property of the municipality, and may provide for the removal of all
obstructions from the sidewalks, curbstones, gutters and crosswalks,
at the expense of the owner or occupier of the grounds fronting
thereon, or at the expense of the person placing the encroachment
there. The governing body may also regulate the planting and
protection of shade trees in streets, the building of bulkheads,
cellar and basement ways, stairways, railways, windows and doorways,
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awnings, lamp posts, awning posts, and all other structures
projecting upon or over and adjoining, and all other excavations
through and under the sidewalks, or along any streets of the
municipality.
Laws 1977, c. 256, § 36-107, eff. July 1, 1978.
§11-36-108. Encroachments not exceeding twenty-four inches -
Quitclaim deed.
A municipal governing body, in its discretion, may execute and
deliver to the owners of a building, business or religious
institution a quitclaim deed to that part of the municipality's
streets or alleys which have been inadvertently encroached by such
building or institution under the following conditions: 1. The
governing body finds that a residential building, business, or
religious institution located in the municipality has inadvertently
encroached not to exceed twenty-four (24) inches on a street or alley
of the municipality by constructing a part of a building thereon,
which encroachment is of such limited character as not to interfere
with traffic on the street, alley, or on any sidewalk located
thereon; 2. All the building facing the street are in substantial
line with each other; 3. The encroachment has existed
continuously for more than fifteen (15) years last past; 4. In the
opinion of the governing body the encroachment does not interfere
with traffic on the street, alley, or sidewalk; and 5. Payment is
made to the municipality of an amount which the governing body finds
to be a reasonable cash value of the property so conveyed. This
section shall no apply in cases of encroachments accomplishedafter
May 27, 1975.
Laws 1977, c. 256, § 36-108, eff. July 1, 1978.
§11-36-109. Ordinances and rules for making assessments for
improvements - Expense of connections.
When a petition for improvement is presented, or when the
municipal governing body shall have determined to pave or otherwise
improve any street, avenue, lane, alley or other public place, and
shall have passed the required resolution, the governing body shall
then have the power to:
1. Enact all ordinances, and to establish all rules and
regulations as may be necessary to require the owners of all property
subject to assessment to pay the cost of such improvement; or
2. Cause to be put in and constructed all utility lines and
connections in and underneath the streets, avenues, lanes and alleys,
and other public places where the improvements are made.
All cost and expense for making utility connections which are not
paid for by the property owner may be contracted for by the
municipality and shall be taxed as a direct charge against the
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property, and shall be included in and made a part of the assessment
to cover the cost of the improvement.
Laws 1977, c. 256, § 36-109, eff. July 1, 1978.
§11-36-110. Contract for service of engineers for making
improvements.
A municipal governing body may contract for the services of
consulting engineers to prepare the necessary surveys, plans, plats,
profiles, estimates and all other details for the work of
improvements and to supervise the work. The consulting engineer may
be a person, firm or corporation, resident in or outside the State of
Oklahoma, duly registered as an engineer in the State of Oklahoma.
The consulting engineer may be employed also to furnish the necessary
advertising, printing, appraising, transcripts and other expense as
may be necessary. The municipality shall provide for the payment of
such services and expenses from the assessments to be levied against
the abutting property as part of the cost of the improvement.
Laws 1977, c. 256, § 36-110, eff. July 1, 1978.
§11-36-111. Change of grade - Compensation to abutting owners.
No change of any grade previously established by a municipality
shall be made without making due compensation to the owners of
abutting property for any damage thereby caused to permanent
improvements erected on the abutting property with reference to the
grade previously established. However, the failure to make such
compensation shall not invalidate any assessments on the property
chargeable with costs of a grade change as provided by law on street
improvements.
Laws 1977, c. 256, § 36-111, eff. July 1, 1978.
§11-36-112. Intersections and crossings - Participation by counties
and state highway commission in street improvements.
A. The municipal governing body, in its discretion, may provide
for the payment of the cost for improving street intersections and
alley crossings out of the general revenues.
B. The State Highway Commission is authorized in its sole
discretion to enter into agreements with the governing body of any
municipality for participation with State Highway Construction and
Maintenance Funds in the cost of any improvements on streets which
are a part of the State Highway System. Such agreements may provide
for the award and supervision of the contract by the municipality.
The state's share of the cost is to be due and payable upon
completion of the project.
C. Any board of county commissioners, in its discretion, may
enter into agreements with the governing body of any municipality for
participation with County Highway Funds in the cost of any
improvements on streets which are in the limits of the municipality
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and are part of the County Highway System. Such agreements may
provide for the award and supervision of the contract by the
municipality. The county's share of the cost is to be due and
payable upon completion of the project.
Laws 1977, c. 256, § 36-112, eff. July 1, 1978.
§11-36-113. Construction, improvement, repair or maintenance of
municipal streets.
A. The Department of Transportation may, or the board of county
commissioners of any county or federally recognized tribal government
shall, by agreement with the governing body of a municipality having
a population less than five thousand (5,000) persons, construct,
improve, repair or maintain any of the streets of the municipality.
B. The board of county commissioners may construct, improve,
repair, or maintain any of the streets of a municipality having a
population of less than five thousand (5,000) persons subject to
agreement between the governing bodies of the county and the
municipality without regard to whether the municipality has passed a
sales tax with proceeds earmarked to construct, improve, repair or
maintain any of the streets or roadways of such municipality.
C. The board of county commissioners may construct, improve,
repair or maintain any of the streets of a municipality having a
population of greater than five thousand (5,000) persons but less
than fifteen thousand (15,000) persons if the municipality has passed
a sales tax or fee with the proceeds earmarked to construct, improve,
repair or maintain any of the streets or roadways of such
municipality; provided, that the county has a population of less than
one hundred fifty thousand (150,000) persons.
D. Notwithstanding any provision of this section, the board of
county commissioners may construct, improve, repair, or maintain any
of the streets of a municipality if the county has a population in
excess of one hundred fifty thousand (150,000) persons according to
the most recent Federal Decennial Census. The agreements entered
into pursuant to the provisions of this subsection may be performed
without regard to whether the municipality has passed a sales tax
with proceeds earmarked to construct, improve, repair or maintain any
of the streets or roadways of such municipality.
Added by Laws 1977, c. 256, § 36-113, eff. July 1, 1978. Amended by
Laws 1982, c. 123, § 1, emerg. eff. April 9, 1982; Laws 1989, c. 162,
§ 1, operative July 1, 1989; Laws 2001, c. 22, § 1, eff. July 1,
2001; Laws 2003, c. 387, § 1, emerg. eff. June 4, 2003; Laws 2010, c.
266, § 1, emerg. eff. May 13, 2010; Laws 2012, c. 129, § 1, emerg.
eff. April 24, 2012; Laws 2017, c. 23, § 1, eff. Nov. 1, 2017; Laws
2019, c. 375, § 1, eff. Nov. 1, 2019.
§11-36-114. Use of money from motor fuel excise tax and motor
vehicle license and registration tax.
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A municipal governing body which receives money from the state
under the motor fuel tax or under the motor vehicle license and
registration tax act may expend such money out of the street and
alley fund or the street and alley account of the general fund of the
municipality for construction, maintenance, repair, improvement, or
lighting of streets and alleys.
Laws 1977, c. 256, § 36-114, eff. July 1, 1978; Laws 1991, c. 124, §
18, eff. July 1, 1991.
§11-36-115. Lighting of state and federal highways in unincorporated
areas.
The municipal governing body may contract and pay for the
lighting of state and federal highways in unincorporated areas
adjacent to the municipality.
Laws 1977, c. 256, § 36-115, eff. July 1, 1978.
§11-36-116. Duties of railways as to paving and street 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.
Laws 1977, c. 256, § 36-116, eff. July 1, 1978.
§11-36-117. Sidewalks - Construction by railroad - Maintenance of
improvements.
The municipality may require, in addition to the improvement of
streets as required in Section 36-116 of this title, that a railway
company shall construct sidewalks crossing the tracks or right-of-way
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of its railways, with such material as the municipality may require
by ordinance, upon either or both sides of the street; and that the
railway company shall maintain such improvements, keeping the same in
repair at its own expense, using for such purpose the same material
as is used for the original paving, graveling or macadamizing, or
sidewalks, or such other material as the municipality may order.
Laws 1977, c. 256, § 36-117, eff. July 1, 1978.
§11-36-118. Noncompliance by railway - Doing work at railway's
expense - Lien on railway property.
A. If the owners of the railway shall fail or refuse to comply
with the order of the municipality to make such improvements by
paving, chatting, graveling, macadamizing, or building sidewalks as
the municipality may direct, or to repair such paving, graveling,
macadamizing or sidewalks, such work may be done by the municipality.
The cost and expense of such work done by the municipality may be
charged against the railway company and may be collected in the
district court in the county in which the improvements have been
made, by action of law, in the name of the municipality against the
railway company. In any such action at law it shall be sufficient to
declare generally for work or labor done, or material furnished on
the particular street, avenue, alley or highway so improved.
B. In addition to the remedy provided in this section for
collection of costs and expenses, the municipality, or any one
authorized by it to do the work, shall be entitled to a lien upon the
property of the railway company. Such lien shall exist for the full
amount of the cost and expense against the property of the railway
company adjacent or contiguous to the improvement or improvements so
made. The lien may be enforced against the property of the railway
company by action in the district court in the county in which the
improvements have been made. In any action to enforce the lien, it
shall be sufficient to declare generally that the lien exists for the
amount of the cost and expense of the work and labor done or material
furnished on the particular improvement.
Laws 1977, c. 256, § 36-118, eff. July 1, 1978.
§11-36-119. Waiver of penalties on delinquent assessments.
Whenever the municipal governing body deems it to be in the best
interest of the municipality to waive or cancel any part or portion
of the penalty or penalties belonging to the municipality from
delinquent special assessments, the governing body by resolution may
waive or cancel such part or portion of the penalty or penalties;
except that any penalties which have been set aside by law for the
purpose of paying bonds issued in the respective districts, together
with the interest thereon which has accrued upon any delinquent
special assessment or installment thereof, or for the purpose of
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securing bonds or warrants for street improvement purposes or sewers,
may not be waived or cancelled by the governing body.
Laws 1977, c. 256, § 36-119, eff. July 1, 1978.
§11-36-120. Compromise of assessments and penalties.
If all the bonds or warrants secured by assessments in any
special assessment district in a municipality have been paid off and
retired, and there are any special assessment, assessments or
installments thereof remaining in the special assessment district
which have not been paid off or discharged, then the governing body,
in its discretion, may compromise and discharge the assessment,
assessments or installments therof, including penalties, for such sum
as the governing body determines to be in the best interest of the
municipality.
Laws 1977, c. 256, § 36-120, eff. July 1, 1978.
§11-36-121. Resolution waiving penalties - Entries on record.
When any assessment, assessments, installments thereof, or
penalties thereon shall be cancelled, compromised or waived by the
governing body, a copy of its resolution, certified by the municipal
clerk, shall be presented to the municipal or county official charged
with the collection of such special assessment, assessments,
installments or penalties. The official shall forthwith make the
necessary entries in the records and books of his office as may be
required to carry out the purposes of the resolution.
Amended by Laws 1984, c. 126, § 68, eff. Nov. 1, 1984.
§11-36-201. Definitions of terms used.
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.
Laws 1977, c. 256, § 36-201, eff. July 1, 1978.
§11-36-202. Petition for street improvements by owners.
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A. The owners of more than one-half, in area, of the land liable
to assessment for any improvement may petition the municipal
governing body for the improvement of any street, alley, lane or
avenue, or part thereof, not less than one block in length. The
petition shall be filed with the municipal clerk. The petition shall
state in bold, capitalized letters at the top of the page that the
cost of the proposed improvements shall be assessed against the
property benefited by the improvements. The petition shall:
1. Describe the character of the improvement desired and the
width of the improvement;
2. Indicate the materials preferred by the petitioners for the
improvement; and
3. Show that the petitioners are the record owners of the land
liable to assessment.
B. The governing body shall determine the sufficiency of the
petition and its finding shall be conclusive and binding for all
purposes and against all persons. The governing body may conduct
hearings on the sufficiency of the petition and compel the attendance
of witnesses under oath. No action or suit to question the findings
of the governing body on the sufficiency of the petition may be
commenced later than fifteen (15) days after such finding.
C. Upon making a satisfactory determination of the sufficiency
of the petition, the governing body shall direct the engineer to
prepare preliminary plans and estimates, as provided in Section 36-
203 of this title, and proceed with the improvement in the manner
provided by Sections 36-201 through 36-226 of this title.
Added by Laws 1977, c. 256, § 36-202, eff. July 1, 1978. Amended by
Laws 2001, c. 54, § 1, eff. Nov. 1, 2001.
§11-36-203. Preliminary plans and costs of improvement - Governing
body action.
Whenever the municipal governing body deems it necessary to
grade, pave, construct, macadamize, chat or gravel, curb, gutter,
drain or otherwise improve any street, alley, avenue, lane or any
part thereof which shall have been heretofore paved, within the
limits of the municipality, it shall direct, by resolution, the
engineer to prepare preliminary plans and an estimate of cost. The
resolution shall require the engineer to prepare and submit to the
municipal clerk the following:
1. Preliminary plans, showing a typical section of the
contemplated improvement, the type or types of material, and
approximate thicknesses and widths;
2. Assessment plat, showing the area to be assessed; and
3. Preliminary estimate of the total cost of the improvement.
The cost estimate may be in a lump sum or by unit prices, as the
engineer may deem most desirable, for the improvement complete in
place. The estimate shall also include the cost of advertising,
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appraising, engineering, and such other expense as in the judgment of
the engineer is necessary or essential to the completion of the work
of improvement and the payment of the cost thereof. The engineering
fees shall not exceed five percent (5%) of the contract price of the
improvement. If the resolution provides for one or more types of
construction, the engineer shall separately estimate the cost of each
type of construction. If more than one street, avenue, alley, lane,
public place, or part thereof is included in such resolution,
separate estimates as to each shall be made.
Laws 1977, c. 256, § 36-203, eff. July 1, 1978.
§11-36-204. Examination and approval of plans - Resolution of
necessity.
Upon the filing of the plans, assessment plat, and preliminary
estimate of the cost of the improvements with the clerk, the
governing body shall examine them and, if found satisfactory, shall
adopt and approve them by resolution, and declare such work of
improvement necessary to be done. The resolution shall:
1. Contain the time and place that the governing body will hold
a hearing on the proposed improvement; and
2. Direct the municipal clerk to give notice as required in
Section 36-205 of this title.
The resolution shall further provide that:
1. Any person, firm, corporation, administrator or guardian
holding title to the lands liable to assessment may file, within
fifteen (15) days after the last publication of notice, with the
clerk a protest in writing against the improvement of the street,
avenue, lane, alley or public place, or part thereof; and
2. The municipality may proceed to cause the improvements to be
made, contract therefor and levy assessments for the payment thereof,
if the record owners of more than one-half, in area, of the land
liable to be assessed do not file their written protest as provided
in this section.
Laws 1977, c. 256, § 36-204, eff. July 1, 1978.
§11-36-205. Notice of resolution of necessity - Publication and
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:
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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
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.
Laws 1977, c. 256, § 36-205, eff. July 1, 1978.
§11-36-206. Protests - Determination of sufficiency - Effect of
protests on the improvement.
A. Protests which have been filed in accordance with Section 36-
204 of this title shall be heard and considered at the hearing on the
proposed improvement. The hearing may be continued from time to time
so that all protestants may be heard.
B. The findings of the governing body as to the sufficiency or
insufficiency of any protest shall be conclusive and binding for all
purposes and against all persons. At any hearing on such protests,
the governing body may compel the attendance of witnesses under oath
to determine the sufficiency thereof, and no action or suit to
question the findings of the governing body on the sufficiency of the
protests shall be commenced later than fifteen (15) days after the
finding.
C. Any number of streets, avenues, lanes, alleys or other public
places, or parts thereof, to be improved may be included in the
resolution of necessity; but protests or objections shall be made and
considered separately as to each street or way. For the purpose of
protest, disconnected parts of the same street shall be treated as
separate streets.
D. If any street, avenue, lane, alley, or other public place, or
part thereof, has been protested by the owners of more than fifty
percent (50%) of the land liable to assessment for the improvement,
the municipal governing body shall not include the same in
proceedings hereunder for a period of six (6) months except upon
petition by the owners as provided in Section 36-202 of this title.
E. If sufficient protests are filed as to any one or more of
such streets, avenues, lanes, alleys or public places, or parts
thereof, the same shall be eliminated from the proceedings, but the
other streets, avenues, lanes, alleys or other public places, or
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parts thereof, as to which sufficient protests have not been filed
shall not be affected thereby.
F. Notwithstanding any of the provisions of this section, when a
section of any street or avenue included in the resolution of
necessity does not exceed two (2) blocks, and does not exceed one
thousand (1,000) feet in length and at the ends or limits of the
section to be improved there is paving already constructed on and
along the street or avenue to be improved, the governing body may
cause such improvement to be constructed and to charge the cost
thereof to the property liable for assessment as herein provided
regardless of the number of protests that are filed against the
proposed improvement of such section, street or avenue.
Laws 1977, c. 256, § 36-206, eff. July 1, 1978.
§11-36-207. Right of property owner to institute action in district
court - Waiver of objections.
Any property owner, or other person interested in the proposed
improvement, shall have the right to institute an action in the
district court in the county in which situs of the municipality is
located, at any time not later than fifteen (15) days after the
action of the municipal governing body in adopting and approving the
plans, profiles, specifications, estimates and assessment plat, to
contest such action. Any suit instituted after the expiration of the
fifteen (15) days shall not be maintained to question the plans,
profiles, specifications, estimates or assessment plat, and the
property owners liable for assessment shall be deemed to have waived
all objections thereto.
Laws 1977, c. 256, § 36-207, eff. July 1, 1978.
§11-36-208. Resolution ordering improvement - Detailed plans, etc. -
Contractor's bonds.
A. After the expiration of the time for filing protests against
the proposed improvement, or if insufficient protests have been
filed, the municipal governing body shall adopt a resolution
declaring that no protests have been filed, or if protests have been
filed, that the protests were insufficient, and expressing the
determination of the governing body to proceed with the improvement.
The resolution shall require the engineer to forthwith submit and
file detailed plans, profiles, specifications and estimates of
probable cost.
B. After the engineer has filed the detailed plans and
estimates, the governing body shall examine them and, if found
satisfactory, shall adopt and approve them by resolution, and order
the improvement. The resolution ordering the improvement shall be
adopted not later than one (1) year after the adoption of the
resolution of necessity or after the filing of a petition by property
owners for street improvements. The resolution shall:
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1. State that the improvement will be constructed in accordance
with the final detailed plans, specifications and profiles of the
engineer;
2. Set forth the material to be used;
3. Set forth any reasonable terms and conditions that the
governing body shall deem proper to impose with reference to the
letting of the contract and the provisions thereof;
4. Require the contractor to execute to the municipality a good
and sufficient bond, in the amount stated in the resolution,
conditioned for the full and faithful execution of the work and the
performance of the contract for the protection of the municipality
and all property owners interested, against any loss or damage by
reason of the negligence of the contractor, or improper execution of
the work, or for the use of inferior material;
5. Require the contractor to execute a bond, in the amount
stated in the resolution, for the maintenance of the improvements
against any failure due to defective workmanship or materials for a
period of not less than three (3) years from the time of its
completion and acceptance. Such maintenance bond shall not be
required where the street improvements consist in chatting or
graveling;
6. Require the execution of a good and sufficient bond for
payment of labor and material in accordance with applicable state
law; and
7. Direct the municipal clerk, after the filing of the final
plans, profiles, specifications and estimates, to advertise for
sealed proposals for furnishing the materials and performing the work
necessary in making the improvement.
Laws 1977, c. 256, § 36-208, eff. July 1, 1978.
§11-36-209. Advertisement and notice for proposals - Filing date for
suits or actions.
A. The notice of the municipality's advertisement for proposals
shall set forth:
1. The streets, avenues, or other public places to be improved;
2. The kind of improvements proposed;
3. That bonds will be required to be executed by the contractor
as specified in the resolution ordering the improvement;
4. A reference to the plans and specifications;
5. The time and place for filing sealed proposals; and
6. The time and place that the governing body will consider the
proposals.
The notice shall be published in ten (10) consecutive issues of a
daily newspaper, or two (2) consecutive issues of a weekly newspaper,
which is of general circulation in the municipality.
B. No action or suit to question the adoption of the resolution
ordering the improvement, or its sufficiency, or the final detailed
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estimates of the engineer, shall be commenced later than fifteen (15)
days after the first publication of the notice for proposals.
Laws 1977, c. 256, § 36-209, eff. July 1, 1978.
§11-36-210. Award of contract - Aggregate cost.
At the time and place named in the notice for proposals to
contractors, the municipal governing body shall examine all bids
received. Without unnecessary delay, the governing body shall award
the contract to the lowest and best bidder, who will perform the work
and furnish the materials which have been selected, and perform all
the conditions imposed by the governing body, as prescribed in the
resolution ordering the improvement and notice for proposals. The
aggregate amount of the contract shall not exceed the aggregate
estimate of cost submitted by the engineer for the improvement, and
in the event of any excess in cost over the engineer's estimate, the
excess shall be void and no assessments for such excess may be
levied. The governing body shall have the right to award a contract
for all or a portion of the improvement or to reject any or all bids,
and to readvertise for other bids when any bids are not, in its
judgment, satisfactory. The letting of the contract shall not be
complete until the contract is duly executed and the bonds approved.
Laws 1977, c. 256, § 36-210, eff. July 1, 1978.
§11-36-211. Final statement of cost - Designation of land in
improvement district - Roster.
A. After the contract has been let and the grading and
underground connections have been made, the engineer shall prepare
and file with the municipal clerk a final, complete and accurate
statement of the cost of the entire improvement, including
engineering, appraising, advertising and other expenses incurred or
to be incurred by the municipality incident to the improvement,
together with any and all additions to the contract price of the
improvements and the cost of all water, gas, sewer or other utility
connections directly chargeable against the abutting property.
B. The engineer or municipal clerk shall prepare a roster of the
owners of the lots and parcels of land which are to be included in
the improvement district. The roster shall contain, according to the
record title thereof:
1. The names of the last known owners of the property to be
assessed, as shown by the current year's tax rolls in the county
treasurer's office, or as shown by the certificate of a bonded
abstractor; or in case the name of the owner is not known, a
statement to that effect; and
2. A description of each tract or parcel of land to be assessed.
Any error in the description of any lot or tract of land liable for
assessment shall not invalidate the assessment or lien thereof.
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C. The governing body shall adopt and approve the final
statement of cost, and the roster designating the lots and parcels of
land liable for assessment, if they are found to be correct.
Laws 1977, c. 256, § 36-211, eff. July 1, 1978.
§11-36-212. Appointment of appraisers - Duties - Preparation of
assessment roll - Conclusiveness.
A. After the approval of the final statement of cost and the
roster designating the property in the improvement district, the
governing body by resolution shall appoint a board of appraisers to
appraise and apportion the benefits to the several lots and tracts of
land described in the roster. The board of appraisers shall consist
of three (3) disinterested freeholders of the municipality who are
not owners of property to be assessed for the improvement.
B. The appraisers shall take and subscribe an oath to make a
true and impartial appraisement and apportionment. The appraisers
may be paid for their services. The act of a majority of the
appraisers shall have like force and effect as the act of all.
C. Within five (5) days after being notified of their
appointment, the appraisers shall proceed to appraise and apportion
the benefits to such lots and tracts of land as have been designated
by the governing body. The cost of the improvement shall be
apportioned among the lots and subdivisions of each quarter block, as
provided in Section 36-213 of this title, according to the ownership
thereof as it appears on the roster and according to the benefits to
be assessed to each lot or parcel. The appraisers shall prepare and
file an assessment roll containing the amount of the apportionment
and assessment of each tract or parcel of land listed on the roster
with the municipal clerk within ten (10) days after being notified of
their appointment.
D. The determination by the board of appraisers, as confirmed by
the governing body, of the property to be assessed and of the amount
of benefits shall be conclusive upon the owners of the property
assessed and shall not be subject to review by any court.
Laws 1977, c. 256, § 36-212, eff. July 1, 1978.
§11-36-213. Property chargeable with cost - Rules for apportioning
costs.
A. For the purpose of determining the area of assessment, a
block shall be deemed to be the area bounded on all sides by streets
and avenues, or municipal limits, irrespective of the designation
thereof. The lots, pieces or parcels of land fronting or abutting
upon any improvement shall be chargeable with the cost thereof to the
center of the block where the abutting way is on the exterior of the
block.
B. Each quarter block shall be charged with its due proportion
of the cost of improving both the front and side streets on which the
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block abuts, together with the areas formed by street intersections
and alley crossings, except such portions of street intersections and
alley crossings as may be chargeable to railway companies. Each
quarter block shall bear:
1. Its due proportion of the cost of paving, curbing, and
guttering the same;
2. The cost of grading in proportion to the cost of grading the
entire street being improved; and
3. The proportionate cost for construction of catch basins,
manholes, inlet and drainage pipes, sewers and utility connections in
proportion to the cost of the entire area of the improvement drained.
The board of appraisers shall determine the amount of benefits to
each quarter block on account of the grading thereof and the
installation and construction of necessary drainage therefor.
C. When triangular or other irregularly shaped lots or tracts
are to be assessed for an improvement, the cost of the improvement in
excess of the benefits accruing to the lots shall be assessed against
and borne by the municipality.
D. If the improvement is made in an alley or other public way in
the center of the block, the assessment shall be made upon the
property abutting the alley to the exterior of the block. In case of
an alley not in the center of the block, or if more than one alley is
improved in the block, then the assessment shall be made against the
property which fronts and abuts the alley according to the area
specially benefited by the improvement as the board of appraisers
shall determine and as confirmed by the governing body.
E. If any of the property abutting upon an improvement shall not
be a part of a block, or shall be a part of a block which is not
square or rectangular in shape or shall be a part of a block which is
not uniformly platted or subdivided, the governing body shall include
such property in quarter block districts as nearly as practicable for
the purpose of appraisement and assessment, and it shall determine
the area of the property benefited by the improvement and the depth
to which the property shall be assessed. In such cases the property
shall be subject to assessment according to benefits as determined by
the board of appraisers and as confirmed by the governing body and
irrespective of whether or not the property immediately abuts upon
the improvement. All such property within six hundred (600) feet of
the improvement shall be deemed to be abutting thereon for the
purposes of assessment.
F. If a fractional part of a lot, parcel, or tract of land is
within an assessment area, the benefit shall be computed for the
fractional part; but the entire lot, parcel or tract of land under
the same ownership of which the fractional part is a part shall be
subject to assessment for such benefit.
Laws 1977, c. 256, § 36-213, eff. July 1, 1978.
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§11-36-214. Hearing of objections on assessments - Time of hearing -
Notice.
A. When the assessment roll has been filed, the governing body
shall set a time for holding a hearing on any complaints or
objections that may be made concerning the apportionment as to any of
the lots or tracts of land.
B. Notice of the hearing shall be published in five (5)
consecutive issues of a daily newspaper, or two (2) consecutive
issues of a weekly newspaper, which is of general circulation in the
municipality. The date fixed for the hearing shall be not less than
five (5) nor more than ten (10) days from the date of the last
publication.
Not less than ten (10) days before the hearing, the municipal
clerk shall also notify each listed owner of property chargeable with
the cost of the improvement at his address, as shown by the current
year's tax rolls in the county treasurer's office, or as shown by
certificate of a bonded abstractor, in the following manner:
1. By mailing a postal card directly to the owner, notifying him
of the facts contained in subsection C of this section, and referring
him to the newspaper and issues thereof in which the notice is or
will be published; or
2. In lieu of mailing the postal card, by mailing to each of the
listed owners a copy of the newspaper publication, which mailing
shall be not less than ten (10) days before the first hearing.
If several tracts appear to be owned by the same person, all may be
included in the same notification.
C. The notice by publication and by mail shall state:
1. That the assessment roll is on file in the municipal clerk's
office;
2. The date the assessment roll was filed; and
3. The time and place that the governing body will hear and
consider any objections.
D. Proof of the notification given shall be made by certificate
of the clerk which shall be filed in his office. However, the failure
of any one or more of the listed owners to receive the notification
shall not invalidate any of the proceedings hereunder.
Laws 1977, c. 256, § 36-214, eff. July 1, 1978.
§11-36-215. Hearing - Correction and confirmation of apportionment.
Any person, firm or corporation may, at or prior to the hearing
on the apportionment, file objections in writing against the validity
of the assessment roll or amount of the proposed assessment,
specifically setting forth the nature thereof, and shall have full
opportunity to be heard thereon. The governing body shall adjudicate
and determine the objections and may make such order as may be just
and proper. Any objections to the regularity of the proceedings with
reference to the making of the improvement or the validity or the
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amount of any assessment shall be deemed waived unless presented at
the time and in the manner herein specified. At the hearing on the
apportionment, or any adjournment thereof, the municipal governing
body may review and correct the apportionment and assessment, and
raise or lower the same as to any lots or tracts of land, as it shall
deem just. The governing body by resolution shall confirm the
apportionment and assessment as so revised and corrected by it.
Laws 1977, c. 256, § 36-215, eff. July 1, 1978.
§11-36-216. Assessing ordinance - Interest on installments - Lien.
Assessments in conformity to the appraisement and apportionment,
as corrected and confirmed by the governing body, shall be payable in
ten equal annual installments, and shall bear interest at the rate of
not to exceed thirteen percent (13%) per annum until paid, payable in
each year at such time as the several installments are made payable.
The governing body, by ordinance and by referring to the assessment
roll as confirmed, shall levy assessments in accordance with the
assessment roll as confirmed against the several lots and tracts of
land liable therefor. The ordinance shall provide that the owners of
the property so assessed shall have the privilege of paying the
amounts of their respective assessments without interest within
thirty (30) days after the date of the publication of the assessing
ordinance. The special assessments, and each installment thereof and
the interest thereon, are hereby declared to be a lien against the
lots and tracts of land so assessed from the date of the publication
of the ordinance levying the same, coequal with the lien of other
taxes and prior and superior to all other liens against such lots or
tracts of land. The lien shall continue as to unpaid installments and
interest until the assessments and interest thereon shall be fully
paid, but unmatured installments shall not be deemed to be within the
terms of any general convenant or warranty.
Laws 1977, c. 256, § 36-215, eff. July 1, 1978.
§11-36-217. Treatment of property owned by municipality, counties or
schools.
Any property which is owned by the municipality, or county, or
any board of education or school district shall be treated and
considered the same as the property of other owners. The
municipality, county, school district, or board of education within
the district to be assessed may pay the total assessment against its
property without interest within thirty (30) days from the date of
the publication of the ordinance levying the assessment. In the
event the assessment is not paid in full without interest within the
thirty-day period, the municipality, county, school district or board
of education shall annually provide, by the levy of taxes in a
sufficient sum, for payment of the maturing installments of
assessments and interest thereon.
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Laws 1977, c. 256, § 36-217, eff. July 1, 1978.
§11-36-218. Assessment record.
As soon as the assessing ordinance is adopted, the municipal
clerk shall prepare a book which shall be known as the Street
Assessment Record in which he shall enter:
1. The names of each person owning the land to be assessed as
ascertained from the records of the county, or in case the name of
the owner is not known, a statement to that effect;
2. A description of the lot, tract or subdivision;
3. A blank space for entering the amount of the assessment; and
4. A suitable column for entering the payments which may be made
from time to time on account of the assessment.
Laws 1977, c. 256, § 36-218, eff. July 1, 1978.
§11-36-219. Due date of first installment - Payment of assessment -
Interest on delinquent installments.
A. The first installment of the assessment, together with
interest upon the whole assessment from the date of the passage of
the assessing ordinance to the first day of the next September, shall
be due and payable in cash on or before the first day of September
next succeeding the passage of the assessing ordinance. If the
assessing ordinance is not passed prior to the first day of July in
any year, the first installment of the assessment shall be due and
payable in cash with interest from the date of the passage of the
assessing ordinance to the first day of September of the following
year.
B. The assessments shall be payable as the several installments
become due, together with the interest thereon, to the municipal
clerk, who shall give proper receipts for the payments, and credit
the payments upon the Street Assessment Record. In case any
installment or interest is not paid when due, the installment so
matured and unpaid and the unpaid interest thereon shall draw
interest at the rate of twelve percent (12%) per annum from maturity
until paid, except as otherwise provided.
C. No statute of limitations shall commence to run against any
installment until after the maturity of all installments.
Laws 1977, c. 256, § 36-219, eff. July 1, 1978.
§11-36-220. Notice of maturity of installments.
A. The municipal clerk shall, not less than thirty (30) days and
not more than forty (40) days before the maturity of any installment
of an assessment, publish in two (2) successive issues of a daily
newspaper, or in one (1) issue of a weekly newspaper, which is of
general circulation in the municipality, a notice which: 1. Advises
the owners of the land affected by the assessment of the date when
the installment and interest will be due;
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2. Designates the street, streets, or other public places for
the improvement of which the assessments have been levied; and
3. States that unless the installment and interest shall be
promptly paid, the installment and interest shall bear interest at
the rate of twelve percent (12%) per annum thereafter until paid, and
that proceedings will be taken according to law to collect the
installment and interest.
B. In addition to publication of the notice of maturity of
installments, the municipality may also notify each owner of land
affected by the assessment at his address as shown on the Assessment
Record by mailing a postal card directly to the owner reciting the
facts contained in the published notice, or by mailing to the owner a
copy of the newspaper publication.
Laws 1977, c. 256, § 36-220, eff. July 1, 1978.
§11-36-221. Collection of payments - Bond of clerk - Special fund.
The municipal clerk shall be required to execute a good and
sufficient bond, with sureties, and in an amount to be approved by
the governing body, payable to the municipality, conditioned for the
faithful performance of the duties conferred upon the clerk as
collector of the assessments.
The municipal clerk shall keep an accurate account of all
assessment collections made by him, and shall pay to the municipal
treasurer daily the amounts of the assessments collected by him. The
amounts so collected and paid to the municipal treasurer shall
constitute a separate, special fund to be used and applied to the
payment of the bonds and interest coupons which are issued against
the assessments. After the payment of all bonds and interest
thereon, any surplus remaining in the fund shall be used for the
purpose of repairing and maintaining any improvement for which
assessments have been levied, and for no other purpose whatsoever.
Laws 1977, c. 256, § 36-221, eff. July 1, 1978.
§11-36-222. Delinquent installments - Certification to county
treasurer - Collection of taxes and penalties.
A. The municipal clerk, 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 of the following 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,
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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 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. 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 the right to pay his ad valorem taxes to the county
treasurer regardless of the delinquency of such assessments. Within
thirty (30) days after 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 36-221 of
this title. The failure of the municipal clerk to publish notice of
the maturing of any installment and interest shall in no way affect
the validity of the proceedings to collect the same under the
provisions of this section. All payments to the municipal treasurer
on account of such assessments shall be certified by him to the
municipal clerk for crediting on the Street Assessment Record.
B. All penalties for delinquent taxes, including penalties on
special assessments and the interest of bonds for paving or other
special assessment bonds, over and above the amount specified on the
face thereof, shall be the property of the municipality and shall be
collected by the county treasurer, it being the intent of this
provision to have such penalties go to the street repair fund of the
municipality.
Added by Laws 1977, c. 256, § 36-222, eff. July 1, 1978. Amended by
Laws 1978, c. 196, § 1, eff. July 1, 1978; Laws 2000, c. 82, § 4,
eff. Nov. 1, 2000.
§11-36-223. Setting aside assessments - Limitation on suits.
No suit may be sustained to set aside any assessment, nor to
contest the area of assessment, nor to enjoin the municipal governing
body from levying or collecting any assessment, or installment
thereof, or interest or penalty thereon, or issuing the bonds, or
providing for their payment, or contesting the validity thereof on
any ground unless such suit shall be commenced not more than fifteen
(15) days after the publication of the ordinance levying assessments.
After the fifteen-day period has expired, or after the work has been
completed and accepted by the municipality, a suit may be brought
only for the failure of the governing body to adopt and publish the
resolution declaring the necessity for the improvements, as provided
in Sections 36-204 and 36-205 of this title, or for the failure to
give notice of the hearing on the assessment roll, as provided in
Section 36-214 of this title. If any special assessment shall be
found to be invalid or insufficient, in whole or in part, for any
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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.
Laws 1977, c. 256, § 36-223, eff. July 1, 1978.
§11-36-224. Accepting improvements.
Upon the completion of the improvement, the municipal governing
body shall determine whether or not the work has been completed in
accordance with the plans, profiles, specifications and contract
therefor. If the governing body finds the work to be in compliance,
it shall accept the same. When the work is so accepted, the action
shall be conclusively binding upon all persons interested and upon
the court.
Laws 1977, c. 256, § 36-224, eff. July 1, 1978.
§11-36-225. Replacement bonds - Repairs.
Upon acceptance of the improvements and before the final payment
of the contract price, the governing body shall require the
contractor performing the work to make and execute a good and
sufficient surety bond, or deposit sufficient securities or
obligations of the United State of America or of the State of
Oklahoma or some municipal subdivision thereof, to be approved by the
governing body in the sum as determined by the governing body, but in
no case to be less than ten percent (10%) of the contract price. The
bond shall be conditioned for the immediate reimbursement to the
municipality by the contractor for the maintenance of the
improvements against any failure due to defective workmanship or
materials for a period of three (3) years from the time of its
completion and acceptance. Whenever any repairs of the improvements
due to defective workmanship or materials are deemed necessary by the
governing body, they shall order the same to be made under the
supervision of the municipal engineer and the costs thereof certified
to by the engineer. When such repairs have been approved by the
governing body, the contractor and his bondsmen shall be notified of
the amount expended and shall immediately become liable therefor.
Laws 1977, c. 256, § 36-225, eff. July 1, 1978. d
§11-36-226. Renewing improvements.
If the municipal governing body shall deem it necessary to pave,
construct, macadamize, chat or gravel, curb, gutter, drain, or
otherwise improve any street, avenue, alley, lane or any part
thereof, which shall have been heretofore paved, constructed,
macadamized, curbed, guttered, drained, or otherwise improved, the
improvement is authorized to be done in accordance with the
procedures on street improvements. In such case, the provisions of
Sections 36-201 through 36-312 of this title for making improvements
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and levying assessments therefor and the issuance of bonds shall
apply.
Laws 1977, c. 256, § 36-226, eff. July 1, 1978.
§11-36-227. Street improvement districts - Written consent of
landowners.
A. Before any property can be included as part of a street
improvement district pursuant to Section 36-202 of Title 11 of the
Oklahoma Statutes or any municipal governing body action pursuant to
Section 36-203 of Title 11 of the Oklahoma Statutes, written consent
shall be obtained by the owners of more than one-half (1/2), in area,
of the land to be included in the street improvement district.
B. It shall be the responsibility of the petitioners to provide
the municipal clerk with the requisite number of signatures if a
street improvement district is created pursuant to Section 36-202 of
Title 11 of the Oklahoma Statutes. It shall be the responsibility of
the municipality to provide the municipal clerk with the requisite
number of signatures if a street improvement district is created
pursuant to Section 36-203 of Title 11 of the Oklahoma Statutes.
C. The municipal clerk shall certify that the requisite number
of signatures consenting to a street improvement district is received
before approving such district.
Added by Laws 2012, c. 174, § 1, eff. Nov. 1, 2012.
§11-36-301. Issuance of negotiable coupon bonds.
The municipal governing body may, after the expiration of thirty
(30) days from the publication of the assessing ordinance, within
which period the whole of any assessment may be paid without
interest, provide by resolution for the issuance of bonds to pay all
or any part of the cost of the street improvement. The bonds shall
be in the aggregate amount of the assessments then remaining unpaid,
bearing the date of thirty (30) days after the publication of the
assessing ordinance, and be of such denominations as the governing
body and the contractor shall determine. The bonds shall in no event
become a liability of the municipality issuing the bonds. The bonds
shall be payable on or before the first of October next succeeding
the September 1 on which the last installment of assessments shall
mature. The interest on the bonds shall be at the rate of not to
exceed twelve percent (12%) per annum, payable on October 1 following
the due date of the first installment of assessments, and
semiannually thereafter, until maturity, and fifteen percent (15%)
per annum after maturity. The bonds shall be designated as Street
Improvement Bonds and shall:
1. Recite the street or streets or part of streets, or other
public places, for the improvement of which they have been issued;
2. State that they are payable, in cash, from the assessments
which have been levied upon the lots and tracts of land benefited by
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the improvement and from the accumulation of the interest and penalty
on the assessment;
3. Designate the place, either within or without Oklahoma, where
the bonds and interest shall be payable;
4. Be signed by the mayor and attested by the municipal clerk;
and
5. Contain an impression of the corporate seal of the
municipality thereon.
Facsimile of the signatures of the mayor and municipal clerk may be
used as provided in the Registered Public Obligations Act of
Oklahoma. The bonds shall be issued in series, and the bonds of each
series shall be numbered consecutively beginning with number One, and
the bonds of each series shall be payable, in cash, in their
numerical order.
Amended by Laws 1982, c. 9, § 2, emerg. eff. March 15, 1982; Laws
1983, c. 170, § 14, eff. July 1, 1983.
§11-36-302. Registration of bonds.
The bonds shall be registered by the clerk of the municipality in
a book to be provided for that purpose. The book shall show a
description of the bond, the name and address of the owner or holder,
and the date of registration. Upon the books of the treasurer shall
be noted the name of the holder of the bond and his address. The
bond shall be endorsed by the clerk over his signature, or a
facsimile of his signature, the legend "registered in my office".
Each bond shall bear a certificate of registration. Any subsequent
holder may cause the same to be registered in the name of the holder
upon submission of proper proof of ownership. After registration of
any bond, no transfer or assignment thereof shall be valid until such
transfer or assignment has been registered with the municipal clerk.
Nothing herein shall prevent the appointment and compensation by the
municipality of a registrar, transfer, authenticating, paying or
other agents to effect the transfer of ownership or change of payee
of any bonds issued by the municipality and to maintain books and
records relating thereto.
Amended by Laws 1983, c. 170, § 15, eff. July 1, 1983. d
§11-36-303. Bond payment and cancellation.
The municipality shall have the right to call in and pay the
bonds or any number thereof in the following manner: Whenever there
shall be sufficient funds in the hands of the municipal treasurer
after the payment of all interest due and to become due within the
next six (6) months, the treasurer, on or before March 10 and
September 10 of any year, shall give notice by certified mail
addressed to the last registered holder of the bonds called at the
address appearing on his registry, that there has accumulated funds
sufficient to pay the designated bonds and interest thereon to April
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1 next or October 1 next, as the case may be, and directing the
presentation of the bonds for payment and cancellation. The bonds
which are called will cease to bear interest after April 1 or October
1, as provided in the notice. Upon the payment and cancellation of
the bonds, proper entry thereof shall be made upon the books of the
clerk and treasurer. Upon the accumulation of sufficient funds as
herein provided to pay one or more bonds, the municipal treasurer
shall call and pay such bonds, and in the event of failure to do so,
he shall be liable for all such damages as may result therefrom. The
provisions of this section may be enforced by appropriate proceedings
in mandamus against the treasurer.
Laws 1977, c. 256, § 36-303, eff. July 1, 1978.
§11-36-304. Delivery of bonds to contractor.
The cash prepayments and the bonds in the amount that may be
necessary for the purpose shall be turned over and delivered to the
contractor or assigns at par and accrued interest in payment of the
amount due, including advertising, engineering and appraising costs,
in accordance with the terms of the contract. The bonds shall be
executed and held by the municipality and delivered in parcels from
time to time upon the completion and approval of the work, or any
part thereof not less than one (1) block, in an amount equal to the
improvement so completed and accepted.
Laws 1977, c. 256, § 36-304, eff. July 1, 1978. d
§11-36-305. Consent to use bonds as payment for assessments.
The registered holder of any outstanding bonds issued to pay for
a street improvement may file his consent in writing with the
municipal clerk to use the bonds to pay for an assessment, or
installment thereof, which has been levied by the governing body. The
written consent shall be binding upon any transferee or assignee of
the bonds, and upon all of the registered owners signing the consent,
as to all payments and discharges made for such assessment until
written notice be filed with the clerk by the registered holder,
transferee or assignee, of the bond terminating his consent thereto.
After the written consent is filed and until written notice of
termination is given, the owner of any property in the street
improvement district may present, with the written consent of the
registered holder or holders, to the clerk the bonds bearing the
lowest serial numbers of the bonds outstanding in the series as
payment for the assessment, or any installment thereof, upon the
owner's property, whether delinquent or unmatured, with all interest
and penalty thereon. The clerk shall endorse upon each bond the
amount of the installment, and interest and penalty thereon, for
which the bond is tendered as payment. The clerk shall then issue a
receipt to the owner of the property for the amount of the
installment, together with interest and penalty, for which credit has
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been endorsed upon the bonds. Whenever the credits upon any bond so
endorsed equals the principal amount of the bond, together with all
matured interest, the bond, together with all matured interest,
whether due or to become due, shall be canceled by the clerk.
Amended by Laws 1983, c. 170, § 16, eff. July 1, 1983.
§11-36-306. Payment of delinquent assessments by endorsement on
bonds.
If an assessment or installment thereof which is paid by
endorsement upon a bond is delinquent and in the hands of the county
treasurer for collection, then the receipt issued by the clerk may be
presented by the registered holder of the bond to the county
treasurer. The county treasurer shall thereupon endorse upon his
records the satisfaction and discharge of the delinquent installments
upon the property described in the receipt. Thereafter the property
shall be free and discharged from all further lien for such
installments of assessment.
Laws 1977, c. 256, § 36-306, eff. July 1, 1978.
§11-36-307. Settlement between property owner and bondholder -
Ratification.
All settlements or compromises made by any property owner with
the registered holder of bonds in accordance with Section 36-305 of
this title are hereby ratified and confirmed and shall be binding
upon all persons, including subsequent holders and assignees of the
bonds.
Laws 1977, c. 256, § 36-307, eff. July 1, 1978. der
§11-36-308. Right of action of bondholder.
Any holder of a street improvement bond shall have the right to
institute, in the name of the municipality issuing the bond, an
action in the district court in the county in which the property is
located to foreclose the lien of the assessment whenever the
assessment, or any installment thereof, is delinquent for a period of
at least twelve (12) months. The petition for foreclosure shall
generally:
1. State the ownership of the bond;
2. Describe the property assessed;
3. Describe the nature of the improvement;
4. State the amount of the unpaid delinquent assessment or
installment and penalty thereon at the rate of twelve percent (12%)
per annum; and
5. Pray for the foreclosure of the lien.
Summons shall be issued on the petition as in other civil actions and
the cause shall be tried by the district court. Judgment may be
entered on the petition for the amount of the unpaid assessment, or
installment, together with interest thereon at the rate of twelve
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percent (12%) per annum from the date the assessment or installment
was due and payable up to the date of the filing of the petition, and
for the sum of six percent (6%) interest on the judgment computed
from the time of filing the petition until the judgment is paid. If
the judgment, together with interest and costs, is not paid within
six (6) months after the date of the rendition thereof, an order of
sale shall be issued by the clerk of the court, directed to the
sheriff of the county, to sell the real estate in the manner and form
as for sale of real estate under execution. The judgment shall carry
the costs of the action, together with the costs of the sale. Upon
the payment of the judgment, the amount thereof exclusive of costs
shall be paid to the municipal treasurer for deposit in the separate,
special fund. The judgment shall provide for the sale of the real
estate subject to existing general or ad valorem taxes and special
assessments. All owners or encumbrancers shall be made parties
defendant in the suit. Upon the institution of an action to collect
delinquent and unpaid assessments against property liable therefor,
no other action shall be instituted and maintained to collect such
delinquent assessment against the property for that year.
11-36-309. Refunding street improvement bonds - Authority.
Any municipality which has issued street improvement bonds by
virtue of the authority of any law or charter provision is authorized
to refund the bonds. In refunding such bonds, the governing body may
provide for:
1. The levy and collection of assessments to pay the bonds;
2. The retirement of the street improvement bonds originally
issued;
3. The cancellation of any or all prior assessments, and
penalties and interest, together with interest and penalties that
have accrued thereon, by and with the written consent and under
written contract with the holders of any series of the street
improvement bonds;
4. A written "Agreement to Accept Street Improvement Refunding
Bonds" in exchange for the bonds originally issued; and
5. The procedure for such refunding in accordance with
applicable law.
Laws 1977, c. 256, § 36-308, eff. July 1, 1978.
§11-36-309. Refunding street improvement bonds - Authority.
Any municipality which has issued street improvement bonds by
virtue of the authority of any law or charter provision is authorized
to refund the bonds. In refunding such bonds, the governing body may
provide for:
1. The levy and collection of assessments to pay the bonds;
2. The retirement of the street improvement bonds originally
issued;
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3. The cancellation of any or all prior assessments, and
penalties and interest, together with interest and penalties that
have accrued thereon, by and with the written consent and under
written contract with the holders of any series of the street
improvement bonds;
4. A written "Agreement to Accept Street Improvement Refunding
Bonds" in exchange for the bonds originally issued; and
5. The procedure for such refunding in accordance with
applicable law.
Added by Laws 1977, c. 256, § 36-309, eff. July 1, 1978.
§11-36-310. Limitation of bondholder actions on street improvement
bonds.
The right of any holder to enforce the lien of any street
improvement bond or street improvement refunding bond by foreclosure,
mandamus, refunding, or otherwise, shall be barred upon the
expiration of three (3) years after the maturity date named on the
face of such bond, unless the bondholder, prior to the expiration of
the three-year period, shall have:
1. Commenced suit to foreclose his lien by filing an action for
that purpose and procuring service of summons therein; or
2. Evidenced his willingness to accept street improvement
refunding bonds, issued under the provisions of Sections 36-309
through 36-312 of this title, in exchange for the bond.
The running of the three-year period of limitation shall be an
absolute bar to any action or proceeding brought thereafter, whether
the same is plead as a defense or not, and the property against which
the bonds represented a lien shall thereafter be, by operation of
law, absolved of any lien or liability on account of the bonds.
Laws 1977, c. 256, § 36-310, eff. July 1, 1978.
§11-36-311. Notice to bondholders - Holder may accept street
improvement refunding bonds.
At least sixty (60) days prior to the expiration of the three-
year limitation on actions by bondholders, the municipal clerk shall
notify the holders of all outstanding street improvement bonds that
the same are about to be barred by the statute of limitations by:
1. Mailing a notice to the holder of each bond at his last known
address, as shown by the records of the clerk; and
2. Publishing the notice in some newspaper of general
circulation in the municipality in which the street improvement
district is located. If there is no newspaper published in the
municipality, then the publication shall be made in some newspaper
published in the county, and by publication of the notice in at least
one nationally recognized financial journal.
The notice to bondholders shall be substantially in the following
form:
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NOTICE TO ALL HOLDERS OF STREET IMPROVEMENT BONDS OF
DISTRICT NO.______ (or, if appropriate, insert the
ordinance or serial no.) OF THE _____ (City or Town) OF _________,
OKLAHOMA:
You are hereby notified that on the _____ day of _____,
19__, the above bonds and rights thereunder will be barred by the
Statute of Limitation, as provided in Section 36-310 of Title 11 of
the Oklahoma Statutes. You will govern yourselves accordingly.
___________
CLERK OF THE ______ (City or Town) of _______, OKLAHOMA.
Failure of the clerk to give notice provided herein shall not impair
any of the provisions of Sections 36-309 through 36-312 of this
title.
Laws 1977, c. 256, § 36-311, eff. July 1, 1978. d
§11-36-312. Limitation of actions to enforce lien of bonds by 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,
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.
Laws 1977, c. 256, § 36-312, eff. July 1, 1978.
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§11-36-401. Widening streets - Acquisition of real estate - Payment
of cost.
A municipality may acquire by condemnation, in the manner
provided by law, or by purchase or gift, the necessary real estate or
interest therein for the purpose of laying out, opening, extending,
widening or straightening any street, boulevard, alley, park or
public square within the municipality. The governing body may
provide for the payment of the costs of the real estate in accordance
with Sections 36-401 through 36-414 of this title and may purchase
the real estate from the capital outlay account for streets and
alleys. Whenever the governing body deems it to be in the best
interest of the municipality to pay the cost of the real estate from
moneys on hand, it may authorize by resolution the payment for the
real estate from the appropriate fund or funds of the municipality,
after transferring the funds to the street and alley account.
Laws 1977, c. 256, § 36-401, eff. July 1, 1978.
§11-36-402. Preliminary plans - Examination and approval - Proposed
assessment roll.
When the governing body deems it necessary to acquire real estate
for the purpose of laying out, opening, extending, widening or
straightening any street, boulevard, alley, park or public square
within the municipality, it shall direct, by resolution, the engineer
to prepare the necessary plans, specifications, profiles and an
estimate of the probable cost of the improvement and to submit them
for approval to the governing body. Upon the approval of the plans
and estimates, the engineer shall at once prepare a proposed
assessment roll which shall contain:
1. The names of the last-known owners of real estate abutting
the improvement, not less than one (1) block distance from the
improvement, and including such additional area as shall be deemed to
be benefited by reason of the improvement. The record owners shall
be listed as shown by the current year's tax rolls in the county
treasurer's office, or as shown by certificate of a bonded
abstractor;
2. A description of each tract or parcel of land to be assessed;
and
3. The amount of the proposed assessment of each tract or parcel
of land, based on apportionment of the cost of improvement among the
tracts and parcels benefited by the improvement in proportion to the
entire area benefited by the improvement.
Laws 1977, c. 256, § 36-402, eff. July 1, 1978.
§11-36-403. Resolution of necessity - Assessment of cost - Notice of
hearing.
The proposed assessment roll shall be submitted by the engineer
to the governing body, which shall examine the same and correct any
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errors which may appear therein. The governing body shall adopt a
resolution approving the assessment roll and declaring the work of
improvement necessary to be done. The resolution shall: 1. State
that the assessment roll, as approved, is on file in the municipal
clerk's office;
2. Set forth the time and place that the governing body will
hold a hearing on any complaints or objections that may be made
concerning the apportionment and assessment of costs for the
improvement. The date of the hearing shall be not less than five (5)
nor more than fifteen (15) days after the date of the last
publication; and
3. Direct that notice be given by publication of the resolution
for not less than five (5) nor more than ten (10) days in a daily
newspaper of general circulation in the municipality, or by
publication for four (4) consecutive weeks in a weekly newspaper of
general circulation in the municipality.
A copy of the notice of the nature and amount of the assessment
shall also be mailed by restricted delivery mail to the owners of
land liable to assessment for the cost of the improvement, directed
to the address of such owner as shown on the assessment roll, which
mailing shall be not less than ten (10) days before the first
hearing. The notice by restricted delivery mail shall be considered
cumulative of the notice by publication.
Added by Laws 1977, c. 256, § 36-403, eff. July 1, 1978. Amended by
Laws 1978, c. 196, § 2, eff. July 1, 1978.
§11-36-404. Hearing - Correction and confirmation of apportionment -
Right of action.
At the hearing on the assessment and apportionment, the governing
body shall give full opportunity to hear any and all protests that
may be urged against the levy of assessments for the cost of the
improvement and shall have the right to hear witnesses until a full
and complete hearing shall be had thereon. The protests shall be in
writing, specifically setting forth the nature of the objection
raised. After the conclusion of the hearing, the governing body
shall adjudicate the objections and may make such order on the levy
of assessments as may be just and proper. Any objection shall be
deemed waived unless presented at the time and in the manner
prescribed herein. Any owner of land liable to assessment shall have
the right to institute an action to contest the validity of the
amount of the assessment at any time within ten (10) days after the
final adjudication thereof by the governing body, but no suit may be
maintained to contest the validity or the amount of the assessment,
or any other matter pertaining to the proposed improvement after the
expiration of the ten-day period.
Laws 1977, c. 256, § 36-404, eff. July 1, 1978.
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§11-36-405. Assessing ordinance - Interest on installments - Lien.
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.
Added by Laws 1977, c. 256, § 36-405, eff. July 1, 1978. Amended by
Laws 1978, c. 196, § 3, eff. July 1, 1978.
§11-36-406. Issuance of negotiable coupon bonds.
Upon the expiration of thirty (30) days after the passage of the
assessing ordinance, the governing body may provide by resolution for
the issuance of negotiable interest coupon bonds. The bonds shall be
designated Local Improvement Bonds and shall be of such denominations
and in such form as the governing body shall determine. The bonds
shall bear the date of thirty (30) days after the publication of the
assessing ordinance and shall bear interest at the rate of seven
percent (7%) per annum until paid, and ten percent (10%) per annum,
from maturity. The bonds may be registered in the name of the holder
thereof and shall be payable at the office of the municipal treasurer
or at the fiscal agency of the State of Oklahoma. The interest
thereon shall be payable annually on the first day of September of
each year. Upon the issuance of the bonds, they shall be delivered
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to the municipal treasurer and shall be sold at not less than par.
If the governing body deems it most advantageous to the municipality,
the bonds may be used for the payment of the cost of acquiring the
real estate necessary for the improvement. The bonds shall be paid
from the accumulation of assessments, interest and penalty, levied
against the several lots and tracts of land described in the
assessing ordinance. The accumulations shall be retained in a
separate, special fund used for the purpose of paying the bonds and
interest thereon, and for no other purpose whatsoever. Any surplus
remaining in the fund, after the payment of all bonds and the
interest thereon, shall become the property of the municipality. In
no event shall the municipality be liable for the payment of the
bonds.
Amended by Laws 1983, c. 170, § 17, eff. July 1, 1983.
§11-36-407. Additional improvements on widened streets - Surface
waters, etc. - Assessment.
The governing body may grade, pave, macadamize, chat, gravel, and
install necessary manholes, catch basins, inlets, drainage pipe and
sewers with necessary connections therefor, for the purpose of
adequately disposing of the surface water falling upon any street,
alley, boulevard, park or public square which is being improved
pursuant to this subarticle. In proceeding with such work of
improvement, the governing body may contract therefor, levy and
collect special assessments, and provide for the issuance and payment
of bonds, or tax bills, to pay for the improvements, in accordance
with the provisions of existing law or charter. The area benefited
by reason of the construction of the improvements shall be those
lots, pieces and parcels of land abutting and adjacent to the
improvement, as described in the written statement of the engineer as
benefiting by reason of acquiring, opening, extending, widening or
straightening the street, alley, boulevard, avenue, park or public
square, and as confirmed by the governing body. Protests and
assessments shall be made in the manner provided in Sections 36-403
through 36-406 of this title.
Laws 1977, c. 256, § 36-407, eff. July 1, 1978.
§11-36-408. Excess of cost over benefits.
Whenever the governing body determines that any lot or tract of
land abutting upon the improvement is to be assessed and the cost of
the improvement exceeds the benefits accruing to the lot or tract of
land, the municipality shall bear the excess and shall pay for the
excess out of the general revenues of the municipality in such manner
as the governing body determines.
Laws 1977, c. 256, § 36-408, eff. July 1, 1978.
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§11-36-409. Limitation on certain collections and bond sales for
widening streets.
A. Any municipality that proposes to widen an existing two-lane
street to a width which would permit four or more lanes of traffic
shall be liable for the entire costs of the improvement, except that
portion of the costs that may be paid by the board of county
commissioners, the State of Oklahoma, the United States of America,
or the amount set forth in a petition for street improvements as
assessable against property owners.
B. No assessments shall be collected nor shall any improvement
bonds which are to be paid from assessment collections be sold or
assigned after April 28, 1971, which relate to the financing or a
widening project for which assessments are prohibited under
subsection A of this section and unless the improvement has been
completed as of April 28, 1971.
Laws 1977, c. 256, § 36-409, eff. July 1, 1978.
§11-36-410. Laying out or widening across public property -
Declaration of necessity - Exceptions.
Whenever the municipal governing body deems it necessary for
public use and convenience to extend, open, widen, or lay out any
street or avenue over, upon or across any public property which is
wholly within the municipal limits and which is owned by the state,
county, school district, or board of education, the governing body by
ordinance shall declare the public necessity for the use of such
street. Public property which is actually covered by a public
building may be taken for the purposes named in this section upon
approval by the appropriate governing body or officer of the
governmental agency which has title to the building.
Laws 1977, c. 256, § 36-410, eff. July 1, 1978.
§11-36-411. Description of property - Delivery of copy of ordinance
- Making improvements.
The ordinance of necessity shall particularly describe the tract
of land necessary to be taken for public use and a copy of the
ordinance, duly certified by the municipal clerk, shall be delivered
to:
1. The Governor, if the property to be taken is state property;
2. The county clerk, if the property to be taken is county
property; and
3. To the clerk of the school district or board of education, if
the property to be taken is school property.
Upon passage and proper delivery of the ordinance of necessity, the
municipality shall have the power to immediately enter upon the land
and improve it by opening, widening, extending or laying out, over,
upon and across the land a street or avenue, and the land so taken
shall become a part of the street system of the municipality. When
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the ordinance of necessity has been passed, it shall be considered
conclusive evidence in any court of the public necessity for opening,
widening, or laying out such street.
Laws 1977, c. 256, § 36-411, eff. July 1, 1978.
§11-36-412. Compensation to owner - How ascertained - Exempting land
from assessment.
A. No compensation shall be paid to the state, county, school
district or board of education for taking land for street purposes as
provided in Sections 36-410 and 36-411 of this title, unless the
property taken was acquired by purchase or condemnation or is held in
a private and not a governmental capacity. If the land taken for
street purposes was acquired by purchase or condemnation or is held
in a private or proprietary capacity and not in a governmental
capacity, then compensation shall be paid in accordance with the
method for ascertaining damages in eminent domain proceedings for the
taking of private property.
B. If the land taken for street purposes was not acquired by
purchase or eminent domain proceedings and is not owned and held in a
private or proprietary capacity, no expense, special assessment, or
other charge shall be levied or assessed against the land so taken or
any part thereof by reason of the opening, widening, extending,
laying out, curbing, guttering, or paving of the street or avenue.
The exemption from all such paving, special assessments and other
expenses shall be in lieu of any compensation for the taking of the
land for public streets.
Laws 1977, c. 256, § 36-412, eff. July 1, 1978.
§11-36-413. Dedication of public property for street purposes.
Any board of county commissioners, board of education or school
district shall have full power and authority at all times to offer to
the public for public use and for street purposes any lands owned or
held by it in any municipality, whether such lands be held in a
governmental or private or proprietary capacity. To effect a
dedication to the public, it shall only be necessary for the
municipal governing body to adopt a resolution declaring the land
described dedicated to public use as a public street or avenue.
Laws 1977, c. 256, § 36-413, eff. July 1, 1978.
§11-36-414. Authority and control over property taken.
When public land has been appropriated for street purposes, as
provided in Sections 36-410 through 36-413 of this title, such land
shall not again be subject to the control or authority of the state,
county, school district or board of education until and unless the
land so taken shall be no longer used by the public for street
purposes.
Laws 1977, c. 256, § 36-414, eff. July 1, 1978.
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§11-36-501. Short title - Oklahoma Small Wireless Facilities
Deployment Act.
This act shall be known and may be cited as the "Oklahoma Small
Wireless Facilities Deployment Act".
Added by Laws 2018, c. 140, § 1, eff. Nov. 1, 2018.
§11-36-502. Definitions.
As used in the Oklahoma Small Wireless Facilities Deployment Act:
1. "Antenna" means communications equipment that transmits or
receives electromagnetic radio frequency signals used in the
provision of wireless services;
2. "Applicable codes" means uniform building, fire, electrical,
plumbing or mechanical codes adopted by a recognized national code
organization or local amendments to those codes enacted solely to
address imminent threats of destruction of property or injury to
persons to the extent not inconsistent with this act;
3. "Applicant" means any person who submits an application and
is a wireless provider;
4. "Application" means a request submitted by an applicant to an
authority:
a. for a permit to collocate small wireless facilities, or
b. to approve the installation, modification or
replacement of a utility pole;
5. "Authority" means a municipality or a municipal electric
utility;
6. "Authority pole" means a utility pole owned, managed or
operated by or on behalf of an authority;
7. "Collocate" means to install, mount, maintain, modify,
operate or replace small wireless facilities on or adjacent to a
wireless support structure or utility pole. "Collocation" has a
corresponding meaning;
8. "Communications service provider" means a cable operator as
defined in 47 U.S.C., Section 522(5), a provider of information
service as defined in 47 U.S.C., Section 153(24), a
telecommunications carrier as defined in 47 U.S.C., Chapter 153(51),
or a wireless provider;
9. "Decorative pole" means an authority pole that is specially
designed and placed for aesthetic purposes and on which no
appurtenances or attachments, other than a small wireless facility,
light fixtures or specially designed informational or directional
signage or temporary holiday or special event attachments, have been
placed or are permitted to be placed according to nondiscriminatory
municipal rules or codes;
10. "Electric distribution pole" means an authority pole used to
support an electric distribution system;
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11. "FCC" means the Federal Communications Commission of the
United States;
12. "Fee" means a one-time, nonrecurring charge;
13. "Historic district" means a group of buildings, properties
or sites that are zoned by the authority as a historic district on or
before March 31, 2018; included in the State Register of Historic
Places in accordance with Section 355 of Title 53 of the Oklahoma
Statutes; or are either listed in the National Register of Historic
Places or formally determined eligible for listing by the Keeper of
the National Register, the individual who has been delegated the
authority by the federal agency to list properties and determine
their eligibility for the National Register, in accordance with
Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement
codified at 47 C.F.R. Part 1, Appendix C;
14. "Law" means federal, state or local law, statute, common
law, code, rule, regulation, order or ordinance;
15. "Micro wireless facility" means a small wireless facility
that meets the following qualifications:
a. is not larger in dimension than twenty-four (24) inches
in length, fifteen (15) inches in width, and twelve
(12) inches in height, and
b. any exterior antenna is no longer than eleven (11)
inches;
16. "Permit" means a written authorization required by an
authority to perform an action or initiate, continue or complete a
project;
17. "Person" means an individual, corporation, limited liability
company, partnership, association, trust or other entity or
organization, including an authority;
18. "Rate" means a recurring charge;
19. "Right-of-way" means the area within the jurisdiction of the
authority that is on, below or above a public roadway, highway,
street, sidewalk, alley or similar property or a public easement that
authorizes the deployment sought by the wireless provider, but does
not include a federal interstate highway;
20. "Small wireless facility" means a wireless facility that
meets both of the following qualifications:
a. each antenna of the wireless provider could fit within
an enclosure of no more than six (6) cubic feet in
volume, and
b. all other wireless equipment associated with the
wireless facility, whether ground- or pole-mounted, is
cumulatively no more than twenty-eight (28) cubic feet
in volume. The following types of associated ancillary
equipment are not included in the calculation of
equipment volume: electric meter, concealment elements,
telecommunications demarcation box, grounding
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equipment, power transfer switch, cut-off switch and
vertical cable runs for the connection of power and
other services;
21. "Technically feasible" means that by virtue of engineering
or spectrum usage, the proposed placement for a small wireless
facility, or its design or site location can be implemented without a
reduction in the functionality of the small wireless facility;
22. "Utility pole" means a pole or similar structure that is or
may be used in whole or in part by or for wireline communications,
electric distribution, lighting, traffic control, signage or a
similar function, or for the collocation of small wireless
facilities; provided, however, such term shall not include wireless
support structures or electric transmission structures. Utility
poles controlled by an investor-owned electric utility or electric
cooperative are subject to Section 7 of this act;
23. "Wireless facility" means equipment at a fixed location that
enables wireless communications between user equipment and a
communications network, including: (a) equipment associated with
wireless communications; and (b) radio transceivers, antennas,
coaxial or fiber-optic cable, regular and backup power supplies and
comparable equipment regardless of technological configuration. The
term includes small wireless facilities. The term does not include:
a. the structure or improvements on, under or within which
the equipment is collocated, or
b. coaxial or fiber-optic cable that is between wireless
support structures or utility poles or that is
otherwise not immediately adjacent to or directly
associated with a particular antenna;
24. "Wireless infrastructure provider" means any person
authorized to provide telecommunications service in the state that
builds or installs wireless communication transmission equipment,
wireless facilities or wireless support structures but that is not a
wireless services provider;
25. "Wireless provider" means a wireless infrastructure provider
or a wireless services provider;
26. "Wireless services" means any services, whether at a fixed
location or mobile, provided to the public using wireless facilities;
27. "Wireless services provider" means a person who provides
wireless services; and
28. "Wireless support structure" means a structure such as a
monopole; tower, either guyed or self-supporting; billboard;
building; or other existing or proposed structure designed to support
or capable of supporting wireless facilities other than a structure
designed solely for the collocation of small wireless facilities.
Such term shall not include a utility pole.
Added by Laws 2018, c. 140, § 2, eff. Nov. 1, 2018.
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§11-36-503. Rights and limitations on authorities and wireless
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.
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.
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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
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,
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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.
Added by Laws 2018, c. 140, § 3, eff. Nov. 1, 2018.
§11-36-504. Permitting of small wireless providers – Permitting of
utility poles.
A. The provisions of this section shall apply to the permitting
of small wireless facilities by a wireless provider in or outside the
right-of-way as specified in subsection C of this section and to the
permitting of the installation, modification and replacement of
utility poles by a wireless provider inside the right-of-way.
B. Except as provided in this act, an authority may not
prohibit, regulate or charge for the collocation of small wireless
facilities classified as permitted uses in subsection C of this
section.
C. Small wireless facilities shall be classified as permitted
uses and not subject to zoning review or approval if they comply with
the height requirements in subsection E of Section 3 of this act and
are collocated in the right-of-way in any zone or outside the right-
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of-way in property not zoned exclusively for residential single-
family or duplex use. Utility poles installed to support small
wireless facilities shall be classified as permitted uses and not
subject to zoning review or approval if they comply with the height
requirements in subsection E of Section 3 of this act and are
collocated in the right-of-way in any zone.
D. An authority may require an applicant to obtain one or more
permits to collocate a small wireless facility or install a new,
modified or replacement utility pole associated with a small wireless
facility as provided in Section 3 of this act, provided such permits
are of general applicability for nongovernmental users of the right-
of-way and do not apply exclusively to wireless facilities. An
authority shall receive applications for, process and issue such
permits subject to the following requirements:
1. An authority may not directly or indirectly require an
applicant to perform services or provide goods unrelated to the
permit, such as in-kind contributions to the authority including
reserving fiber, conduit or pole space for the authority;
2. An applicant shall not be required to provide more
information to obtain a permit than communications service providers
that are not wireless providers, provided that an applicant may be
required to include construction and engineering drawings and
information demonstrating compliance with the criteria in paragraph 8
of this subsection and, for an application to collocate on an
authority pole, a wireless provider may be required to provide at its
expense engineering analysis demonstrating compliance with applicable
standards and codes, construction drawings stamped by a professional
engineer registered in Oklahoma and a description of any recommended
make-ready work, including any modification or replacement of the
authority pole;
3. An authority may not require the placement of small wireless
facilities on any specific utility pole or category of poles or
require multiple antenna systems on a single utility pole;
4. Subject to subparagraphs e and f of paragraph 8 of this
subsection, an authority may not limit the placement of small
wireless facilities by minimum separation distances;
5. The authority may require an applicant to include an
attestation that the small wireless facilities will be operational
for use by a wireless services provider within one (1) year after the
permit issuance date, unless the authority and the applicant agree to
extend this period or delay is caused by lack of commercial power or
communications transport facilities to the site;
6. Within twenty (20) days of receiving an application, an
authority must determine and notify the applicant in writing whether
the application is complete. If an application is incomplete, an
authority must specifically identify the missing information in
writing. The processing deadline in paragraph 7 of this subsection
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is tolled from the time the authority sends the notice of
incompleteness to the time the applicant provides the missing
information. That processing deadline also may be tolled by
agreement of the applicant and the authority;
7. An application shall be processed on a nondiscriminatory
basis and deemed approved if the authority fails to approve or deny
the application within seventy-five (75) days of receipt of the
application;
8. An authority may deny a proposed collocation of a small
wireless facility or installation, modification or replacement of a
utility pole that meets the height requirements in subsection E of
Section 3 of this act only if the proposed application:
a. materially interferes with the safe operation of
traffic control equipment or emergency management
systems or devices,
b. materially interferes with sight lines or clear zones
for transportation or pedestrians,
c. materially interferes with compliance with the
Americans with Disabilities Act or similar federal or
state standards regarding pedestrian access or
movement,
d. materially interferes with Federal Aviation
Administration requirements or the operation of an
airport or air traffic,
e. fails to comply with reasonable and nondiscriminatory
spacing requirements of general application adopted by
ordinance that concern the location of new utility
poles. Such spacing requirements shall not prevent a
wireless provider from serving any location,
f. with respect to ground-mounted equipment, fails to
comply with reasonable and nondiscriminatory
requirements of general application adopted by
ordinance that concern spacing of the ground-mounted
equipment; interference with sight lines, clear zones
or pedestrian access or movement; unhindered use of the
right-of-way by other right-of-way occupants, including
the authority; or design or concealment measures in a
historic district required under subsection I of
Section 3 of this act,
g. fails to comply with applicable codes, including
without limitation the most recent version of the
National Electrical Safety Code,
h. fails to comply with subsections D, G, H and I of
Section 3 of this act,
i. causes the utility pole or wireless support structure
to become structurally unsound, unless the applicant
demonstrates that it will address the problem
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adequately, such as by modifying or replacing the
structure, or
j. materially interferes with the intended use of an
authority pole;
9. The authority shall document the basis for a denial,
including the specific code provisions on which the denial was based,
and send the documentation to the applicant on or before the day the
authority denies an application. The applicant may cure the
deficiencies identified by the authority and resubmit the application
within thirty (30) days of the denial without paying an additional
application fee. The authority shall approve or deny the revised
application within thirty (30) days. Any subsequent review shall be
limited to the deficiencies cited in the denial;
10. An applicant seeking to collocate small wireless facilities
within the jurisdiction of a single authority shall be allowed at the
applicant's discretion to file a consolidated application for the
collocation of up to twenty-five small wireless facilities and
receive a single permit; provided, however, the denial of one or more
small wireless facilities in a consolidated application shall not
delay processing of any other small wireless facilities in the same
batch;
11. Installation or collocation for which a permit is granted
pursuant to this section shall be completed within one (1) year after
the permit issuance date, unless the authority and the applicant
agree to extend this period, or a delay is caused by the lack of
commercial power or communications facilities at the site. Approval
of an application authorizes the applicant to:
a. undertake the installation or collocation, and
b. subject to applicable relocation requirements and the
applicant's right to terminate at any time, operate and
maintain the small wireless facilities and any
associated utility pole covered by the permit for a
period of not less than ten (10) years, which must be
renewed for equivalent durations so long as they are in
compliance with the criteria set forth in paragraph 8
of this subsection;
12. Wireless providers shall comply with relocation requirements
that apply to similarly situated occupants of the right-of-way; and
13. An authority may not institute, either expressly or de
facto, a moratorium on:
a. filing, receiving or processing applications, or
b. issuing permits or other approvals, if any, for the
collocation of small wireless facilities or the
installation, modification or replacement of utility
poles to support small wireless facilities.
E. An authority shall not require an application for the
following:
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1. Routine maintenance;
2. The replacement of small wireless facilities with small
wireless facilities that are substantially similar or the same size
or smaller; or
3. For the installation, placement, maintenance, operation or
replacement of micro wireless facilities that are strung on cables
between existing utility poles, in compliance with the National
Electrical Safety Code.
An authority may, however, require a permit to work within the
right-of-way for such activities, if applicable. Any such permits
shall not be subject to the requirements provided in subsections C
and D of this section.
Added by Laws 2018, c. 140, § 4, eff. Nov. 1, 2018.
§11-36-505. Activities of wireless providers within right-of-way.
A. The provisions of this section shall apply to activities of
the wireless provider within the right-of-way.
B. A person owning, managing or controlling authority poles in
the right-of-way may not enter into an exclusive arrangement with any
person for the right to attach to such poles. A person who purchases
or otherwise acquires an authority pole is subject to the
requirements of this section.
C. An authority shall allow the collocation of small wireless
facilities on authority poles subject to the application process in
Section 4 of this act and the make-ready process in this section.
The rates, fees and terms for such collocations shall be
nondiscriminatory regardless of the services provided by the
collocating person, comply with this act and be made available to
wireless providers under Section 10 of this act.
D. The rates, fees and terms and conditions for the make-ready
work to collocate on an authority pole described in the application
shall be nondiscriminatory, competitively neutral and commercially
reasonable and must comply with this act. The authority may perform
the make-ready work necessary to enable the pole to support the
requested collocation by a wireless provider or require the wireless
provider to perform the make-ready work. If the authority elects to
perform the make-ready work, it shall provide a good-faith estimate
for the work, including pole replacement if necessary, within sixty
(60) days after receipt of a complete application. The authority
shall complete any make-ready work it elects to perform, including
any pole replacement, within sixty (60) days of written acceptance of
the good-faith estimate by the applicant. An authority may require
replacement of the authority pole only if it demonstrates that the
collocation would make the authority pole structurally unsound. The
authority may require that the replaced authority pole have the same
functionality as the pole being replaced. If the authority pole is
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replaced, the authority shall take ownership of the new pole and
operate authority fixtures on the pole.
The person owning, managing or controlling the authority pole
shall not require more make-ready work than required to meet
applicable codes or industry standards. Fees for make-ready work
shall not include costs related to preexisting or prior damage or
noncompliance. Fees for make-ready work including any pole
replacement shall be reasonable and nondiscriminatory and shall not
exceed actual costs, which may include the amount the authority pays
a professional engineer registered in Oklahoma to review the wireless
provider's make-ready work plans.
E. A wireless provider shall comply with the following
requirements and specifications:
1. Requirements and specifications of the National Electrical
Safety Code, the National Electrical Code and the Occupational Safety
and Health Act, including amendments or revisions to such
requirements or specifications, and in the event of conflict, the
most stringent of such requirements and specifications;
2. Requirements and specifications of general application
adopted by the authority that do not conflict with this act,
including requirements and specifications that concern how equipment
shall be attached to electric distribution poles so they may be
climbed safely; and
3. Notwithstanding subsection D of this section, requirements
and specifications of general application adopted by the authority
concerning make-ready work for authority electric distribution poles.
Added by Laws 2018, c. 140, § 5, eff. Nov. 1, 2018.
§11-36-506. Authority's rates and fees for placement of a wireless
facility, support structure or utility pole.
A. This section shall govern an authority's rates and fees for
the placement of a wireless facility, wireless support structure or
utility pole.
B. An authority may not require a wireless provider to pay any
rates, fees or compensation to the authority or other person other
than what is expressly authorized by this act for the right to use or
occupy a right-of-way, for collocation of small wireless facilities
on utility poles in the right-of-way or for the installation,
maintenance, modification, operation and replacement of utility poles
in the right-of-way.
C. Application fees shall be subject to the following
requirements:
1. An authority may charge an application fee only if such fee
is required for similar types of commercial development or
construction within the authority's jurisdiction;
2. An application fee may not include:
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a. travel expenses incurred by a third party in its review
of an application, or
b. direct payment or reimbursement of third-party rates or
fees charged on a contingency basis or a result-based
arrangement;
3. An application fee for a collocation shall be limited to the
cost of granting a permit for similar types of commercial development
or construction within the authority's jurisdiction. The application
and permit fees for collocation of small wireless facilities on an
existing or replacement authority pole shall not exceed Two Hundred
Dollars ($200.00) each for the first five small wireless facilities
on the same application and One Hundred Dollars ($100.00) for each
additional small wireless facility on the same application; and
4. The application and permit fees for the installation,
modification or replacement of a utility pole and the collocation of
an associated small wireless facility that are permitted uses in
accordance with the specifications in subsection D of Section 3 of
this act shall not exceed Three Hundred Fifty Dollars ($350.00) per
pole for access to the right-of-way.
D. The rate for occupancy of the right-of-way shall not exceed
Twenty Dollars ($20.00) per year per small wireless facility.
E. The rates to collocate on authority poles in the right-of-way
shall not exceed Twenty Dollars ($20.00) per authority pole per year.
F. There shall be no rate charged for the installation,
placement, maintenance, operation or replacement of micro wireless
facilities that are strung on cables between existing utility poles,
in compliance with the National Electrical Safety Code.
G. Rates provided in this section do not include any applicable
charges for electric power. A wireless provider must pay separately
for such services.
H. An authority may adjust the fees and rates it adopts under
this section ten percent (10%) every five (5) years rounded to the
nearest dollar.
Added by Laws 2018, c. 140, § 6, eff. Nov. 1, 2018.
§11-36-507. Exemption for investor-owned electric utilities or
cooperatives.
This act does not impose or otherwise affect any tariff,
contractual obligation or right, or federal or state law regarding
utility poles, similar structures or equipment of any type owned or
controlled by an investor-owned electric utility or electric
cooperative.
Added by Laws 2018, c. 140, § 7, eff. Nov. 1, 2018.
§11-36-508. Activities in right-of-way – Exclusion of cable
providers.
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This section applies to activities in the right-of-way only.
Nothing in this act shall be interpreted to allow any entity to
provide services regulated under 47 U.S.C., Sections 521 to 573,
without compliance with all laws applicable to such providers nor
shall this act be interpreted to impose any new requirements on cable
providers for the provision of such service in this state.
Added by Laws 2018, c. 140, § 8, eff. Nov. 1, 2018.
§11-36-509. Zoning, land use, planning and permitting authority -
Exclusions.
Subject to the provisions of this act and applicable federal law,
an authority may continue to exercise zoning, land use, planning and
permitting authority within its territorial boundaries with respect
to wireless support structures and utility poles. No authority shall
have or exercise any jurisdiction or authority over the design,
engineering, construction, installation or operation of any small
wireless facility located in an interior structure or upon the site
of any campus, stadium or athletic facility not owned or controlled
by the authority, other than to comply with applicable codes. An
authority shall evaluate the structure classification for wireless
support structures under the latest version of ANSI/TIA-222. Nothing
in this act authorizes the state or any political subdivision,
including an authority, to require wireless facility deployment or to
regulate wireless services.
Added by Laws 2018, c. 140, § 9, eff. Nov. 1, 2018.
§11-36-510. Ordinance, resolution or standard agreement for rates,
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
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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 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.
Added by Laws 2018, c. 140, § 10, eff. Nov. 1, 2018.
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§11-36-511. Jurisdiction for disputes – Rates pending resolution.
A court of competent jurisdiction shall have jurisdiction to
determine all disputes arising under this act. Pending resolution of
a dispute concerning rates for collocation of small wireless
facilities on authority poles and nonauthority poles, the person
owning or controlling the pole shall allow the collocating person to
collocate on its poles at annual rates of no more than Twenty Dollars
($20.00) with rates to be trued up upon final resolution of the
dispute.
Added by Laws 2018, c. 140, § 11, eff. Nov. 1, 2018.
§11-36-512. Indemnification, insurance and bonding requirements.
A. An authority may adopt indemnification, insurance and bonding
requirements related to small wireless facility permits subject to
the requirements of this section.
B. An authority may require a wireless provider to defend,
indemnify and hold harmless the authority and its officers, agents
and employees against any claims, demands, damages, lawsuits,
judgments, costs, liens, losses, expenses and attorney fees resulting
from the installation, construction, repair, replacement, operation
or maintenance of wireless facilities, wireless support structures or
utility poles to the extent caused by the wireless provider, its
contractors, subcontractors and their officers, employees or agents.
A wireless provider has no obligation to defend, indemnify or hold
harmless an authority, its officers, agents or employees against any
liabilities or losses due to or caused by the sole negligence of the
authority or its employees or agents.
C. An authority may require a wireless provider to have in
effect insurance coverage naming the authority and its officers,
agents and employees as additional insureds against the claims,
demands, damages, lawsuits, judgments, costs, liens, losses, expenses
and attorney fees described in subsection B of this section, so long
as the authority imposes similar requirements on other right-of-way
users and such requirements are reasonable and nondiscriminatory.
D. An authority may require a wireless provider to furnish proof
of insurance, if required, prior to the effective date of any permit
issued for a small wireless facility.
E. An authority may adopt bonding requirements for small
wireless facilities if the authority imposes similar requirements in
connection with permits issued for other right-of-way users.
1. The purpose of such bonds shall be to:
a. provide for the removal of abandoned or improperly
maintained small wireless facilities, including those
that an authority determines need to be removed to
protect public health, safety or welfare,
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b. restoration of the right-of-way in connection with
removals under this paragraph, or
c. recoup rates or fees that have not been paid by a
wireless provider in over twelve (12) months, so long
as the wireless provider has received reasonable notice
from the authority of any of the noncompliance listed
above and an opportunity to cure.
2. An authority shall not require either of the following under
paragraph 1 of this subsection:
a. a cash bond, unless any of the following apply:
(1) the wireless provider has failed to obtain or
maintain a bond required under this section, or
(2) the surety has defaulted or failed to perform on a
bond given to the authority on behalf of the
wireless provider, or
b. a bond in an amount exceeding One Thousand Dollars
($1,000.00) per small wireless facility.
Added by Laws 2018, c. 140, § 12, eff. Nov. 1, 2018.
§11-37-101. Definitions.
For the purpose of Sections 37-101 through 37-127, the term
"waterworks" shall mean any water supplies, facilities, plants and
equipment necessary for the supply and distribution of water,
including, but not limited to, dams, lakes, reservoirs, canals,
wells, water plants and pipelines.
Laws 1977, c. 256, § 37-101, eff. July 1, 1978.
§11-37-102. General powers as to waterworks and water supply.
The municipal governing body may purchase, erect, lease, rent,
manage, and maintain any system or part of a system of waterworks and
water supply. It may establish and alter the channels of
watercourses and may establish and regulate wells, cisterns,
aqueducts, and reservoirs of water. The governing body may pass all
ordinances, penal or otherwise, that are necessary and proper for the
full protection, maintenance, management, and control of said
facilities, may make provisions for taxes for these purposes, and may
do all things necessary and proper in its discretion to exercise the
powers authorized by the Constitution and laws of this state and to
further the ability of the municipality to provide water supplies,
services, and facilities.
Amended by Laws 1984, c. 126, § 65, eff. Nov. 1, 1984.
§11-37-103. Appropriation of land and water rights.
A. The municipal governing body may dam any river or stream
which is not navigable, and condemn, appropriate and divert the water
from such river or stream, or so much thereof, as may be deemed
necessary; and may condemn and appropriate in the name of and for the
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use of the municipality any land located in or outside of the
corporate limits of the municipality as may be necessary for the
construction and operation of waterworks. The appropriation of land
or of water rights by any municipality shall be governed by the
procedure prescribed for the condemnation of land for railway
purposes. The water and the right to divert the water may be
described, at the option of the municipality, in capacity by a given
number of gallons daily, or as a quantity sufficient for the
purposes. Upon the payment made or deposit of the award of the
commissioners to the clerk of the district court, the municipality
shall be vested with the perpetual right to use the land so condemned
and the right to divert the water so condemned for the purposes
mentioned herein. The exercise of this power shall be a continuing
right and not exhausted by one or more exercises thereof. B. The
provisions of this section and Sections 37-104 and 37-105 of this
title shall be construed as cumulative to the rights and powers
already possessed by municipalities to purchase, take and condemn
land for public uses.
Laws 1977, c. 256, § 37-103, eff. July 1, 1978.
§11-37-104. Acquiring lands - Protection from contamination.
Any municipality may purchase or condemn and hold the perpetual
right to use any lots or lands, either within or without the
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.
Laws 1977, c. 256, § 37-104, eff. July 1, 1978.
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§11-37-105. Condemnation procedure for acquiring land for
waterworks.
A municipality is vested with the power of eminent domain for the
purpose of acquiring lands for the location and building or
enlargement of waterworks. The proceedings for the condemnation
thereof, including the notices, appointment of commissioners,
assessment of damages, possession, payment of compensation and
appeals, shall be the same as is provided by law for the condemnation
of lands for railroad purposes. It shall not be necessary in such
condemnation proceedings to allege or prove any negotiations for the
purchase of any lands or interests therein with:
1. The owner or owners or claimants of any property sought to be
condemned, where such ownership does not appear clearly from the
title records in the office of the county clerk of the county where
the lots or lands are situated; or
2. The heirs of the person or persons who appear from such
records to be the owner or owners, or persons who hold or claim under
such heirs, and the lands have not been partitioned at the time the
petition to condemn is filed.
The notice of application for appointment of commissioners to assess
damages in condemnation proceedings may be given by publication as
provided by law regulating the condemnation of lands for railroad
purposes for notice to nonresidents.
Laws 1977, c. 256, § 37-105, eff. July 1, 1978.
§11-37-106. Issuing bonds - Election.
To defray the cost of procuring waterworks, and the election
provided in this section, the municipal governing body may provide
for the issuance of bonds of the municipality. Before any bonds may
be issued, the municipal governing body shall submit the question of
issuing the bonds to the registered voters of the municipality at any
general election or special election called by them for that purpose.
Notice of the election shall be given in the manner provided by law
for municipal elections; and the election shall be conducted in all
respects as other municipal elections.
Laws 1977, c. 256, § 37-106, eff. July 1, 1978.
§11-37-107. Bonds for waterworks - Form.
Upon the approval of a majority of the registered voters of the
municipality voting on the question, the bonds shall be issued by the
governing body in the manner provided by the Constitution and laws of
Oklahoma. Bonds issued under this section shall be payable not more
than twenty-five (25) years from the date of their issue, with
interest thereon at a rate not exceeding a maximum rate established
by law. The bonds shall be signed by the mayor and countersigned by
the municipal clerk. Facsimile signatures may be used as provided in
the Registered Public Obligations Act of Oklahoma.
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Amended by Laws 1983, c. 170, § 18, eff. July 1, 1983.
§11-37-108. Employment of engineers - Acts necessary for erection,
operation and repair.
The municipal governing body may appoint and employ all engineers
and other officers to superintend and operate waterworks both during
and after the construction of the same as may be necessary. The
governing body may do all acts it deems necessary for the erection or
operation, alteration and repair of the waterworks.
Laws 1977, c. 256, § 37-108, eff. July 1, 1978.
§11-37-109. Water charges - Enforcement.
The municipal governing body shall fix the water charges to be
paid by the consumer and provide by ordinance for appropriate
penalties for the violation thereof as the governing body may deem
proper for the regulation and protection of the waterworks.
Laws 1977, c. 256, § 37-109, eff. July 1, 1978.
§11-37-110. Establishing water districts - Regulations to protect
water supply.
The governing body of any municipality securing its water supply
from a stream or reservoir located outside of its corporate limits
may designate by ordinance a district to be known as a water
district. The water district shall be designated by metes and bounds
and may embrace any lands, directly or indirectly flowing or shedding
water into any such stream or reservoir as the governing body
ordains. The governing body may adopt and enforce any rules
promulgated by the Board of Environmental Quality for the protection
of any such water supply.
Laws 1977, c. 256, § 37-110, eff. July 1, 1978; Laws 1994, c. 353, §
1, eff. July 1, 1994.
§11-37-111. Publication of rules and ordinances affecting water
district - Service.
All rules promulgated by the Board of Environmental Quality and
adopted by, and all ordinances of, the governing body for the
protection of the water supply and establishment of the water
district shall be published in the same manner as ordinances. A copy
of the ordinances and adopted rules shall be served, as provided by
law in civil actions, on each person, firm, association or
corporation owning property in the water district, and upon the head
of each family residing in the water district. All ordinances and
adopted rules shall also be posted in conspicuous places in the water
district.
Laws 1977, c. 256, § 37-111, eff. July 1, 1978; Laws 1994, c. 353, §
2, eff. July 1, 1994.
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§11-37-112. Making and enforcement of regulations - Expenses.
The making, enforcement and penalties for the violation of any
rules and regulations for the protection of the water supply and
water district shall be governed in all respects by the provisions of
state law on public water supplies and standards. All expenses
incident to and connected with the establishment of any water
district, and the making and enforcement of any and all rules and
regulations for the protection thereof, shall be borne by the
municipality and paid as are other claims against the municipality
relating to its water supply.
Laws 1977, c. 256, § 37-112, eff. July 1, 1978.
§11-37-113. Highways crossing reservoir sites - Power to close.
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.
Laws 1977, c. 256, § 37-113, eff. July 1, 1978.
§11-37-114. Punishment for injuries to reservoir fences.
It shall be unlawful for any person to cut, damage or otherwise
interfere with any fence enclosing any reservoir or other site which
supplies any municipality with water. Such unlawful injuries to
reservoir fences shall constitute a misdemeanor, and any person found
violating the provisions of this section, upon conviction thereof,
shall be punished by a fine of not less than Fifty Dollars ($50.00)
or by imprisonment in the county jail for not less than thirty (30)
days, or by both such fine and imprisonment.
Laws 1977, c. 256, § 37-114, eff. July 1, 1978.
§11-37-115. Pollution of municipal water supply unlawful.
No person, firm, partnership, or corporation, or any of the
partners, officers, managers, or employees thereof, shall pollute or
permit the pollution of the water supply of a municipality, or any
stream, pond, spring, lake, or other water reservoir or groundwater
aquifer, which is used or which is being held for use as a water
supply by a municipality. A municipality may bring an action in the
district court to enjoin any activity that will cause pollution of
the water supply of a municipality whether or not such activity is
regulated, licensed, or inspected. For the purposes of this section,
the term pollution means contamination or other alteration of the
physical, chemical, or biological properties of any natural waters of
the state, or such discharge of any liquid, gaseous, or solid
substance into any waters of the state as will or is likely to create
a nuisance or render such waters harmful or detrimental or injurious
to the health, safety, or welfare of the general public, or to
domestic, commercial, industrial, agricultural, recreational, or
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other legitimate beneficial uses, or to livestock, wild animals,
birds, or fish or other aquatic life.
Amended by Laws 1984, c. 126, § 66, eff. Nov. 1, 1984.
§11-37-116. Action for damages for pollution of municipal water
supply.
A municipality shall have a right of action for damages resulting
from pollution of its water supply, as provided in Section 37-115 of
this title, and the measure of damages shall be the amount which will
compensate for the detriment caused thereby, whether it could have
been anticipated or not. Where such pollution is continued for a
period of six (6) months or more, the injury shall be regarded as
permanent.
Laws 1977, c. 256, § 37-116, eff. July 1, 1978.
§11-37-117. Acquiring lands and water for future needs - Sale
outside corporate limits no defense.
Any municipality owning and operating or proposing to own and
operate a system of waterworks to supply the municipality, and the
inhabitants thereof with water may provide for its contemplated
future water and waterworks requirements, in advance of its immediate
needs. For that purpose the governing body may acquire lands and
water both within and without the corporate limits of the
municipality and within the State of Oklahoma. Such municipalities
are vested with the power of eminent domain for that purpose, such
power to be exercised in the manner provided by law for the
condemnation of lands by municipalities for waterworks purposes. It
shall be no defense against the exercise of such power or eminent
domain that the municipality is selling and furnishing water to other
municipalities or to persons, firms or corporations without the
corporate limits of the municipality.
Laws 1977, c. 256, § 37-117, eff. July 1, 1978.
§11-37-118. Acquisition of title or interest of land or water in
adjoining states.
For use in connection with the acquisition, establishment,
betterment or expansion, and the maintenance or operation of its
municipal waterworks system, any municipality may acquire title to,
or any lesser interest in, any lands or water rights, or both, in any
state adjoining the State of Oklahoma, which lie within any watershed
from which the municipality obtains, or desires to obtain, its
municipal water supply. The municipality may acquire any necessary
easements or rights-of-way for pipelines to convey water from such
water supply to a point or points within the State of Oklahoma, over
and across lands not within such watershed, if, and to the extent,
and in the manner, permitted by the laws of the adjoining state.
Laws 1977, c. 256, § 37-118, eff. July 1, 1978.
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§11-37-119. Contracts for water - Provision for modification of
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 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.
Added by Laws 1977, c. 256, § 37-119, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 67, eff. Nov. 1, 1984; Laws 1989, c. 74, § 1,
operative July 1, 1989; Laws 1991, c. 313, § 2, eff. Sept. 1, 1991;
Laws 1994, c. 339, § 1, eff. emerg. June 8, 1994.
§11-37-119a. Sale of water outside corporate limits - Failure to
implement enterprise accounting system - Liability to purchaser.
Beginning July 1, 1996, if a municipality selling water to
persons or public or private entities outside its corporate limits
has not implemented an enterprise accounting system to account for
the cost of water supply, treatment and delivery to the point of
delivery to the purchaser's water system, it shall be liable to the
purchaser for the reasonable expenses of such an accounting exceeding
the expense which the purchaser would have incurred using an
enterprise accounting system.
Added by Laws 1994, c. 339, § 2.
§11-37-120. Extension of lines beyond limits - Contracts for
furnishing water outside limits.
Any municipality owning or operating its own waterworks plant and
every municipality engaged in the distribution of water may extend
its lines beyond the corporate limits of such municipality and may
acquire, construct, own, maintain and operate all necessary lines,
apparatus and equipment, and acquire rights of way, and do all things
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necessary and proper in carrying on the business and furnishing water
to any person, firm, corporation or other municipality beyond the
corporate limits of the municipality, to the same extent as it may
now do within the corporate limits of the municipality. All water so
sold and furnished to persons, firms, corporations and other
municipalities beyond and without the corporate limits of the
municipality so selling and furnishing the same shall be sold and
furnished only under written contracts upon such terms and conditions
as may be agreed upon by negotiation between the municipality and
such persons, firms, corporations or other municipalities. Nothing
herein contained shall be construed to impose any duty or obligation
upon any municipality to sell or furnish water to any person, firm,
corporation or municipality beyond its corporate limits except as the
municipality may expressly undertake by the terms of the written
contract.
Laws 1977, c. 256, § 37-120, eff. July 1, 1978.
§11-37-121. Contract or lease for purchase, sale and distribution of
water - Extensions.
The municipal governing body may enter into a contract or lease
program as a governmental function for the purpose of buying,
selling, or distributing water with any nonprofit organization,
person, or water development or distribution corporation inside or
outside of the municipal limits in areas that the municipality is not
supplying or servicing with a source of water at the time that the
contract and lease arrangement is made. The annual contracts for
sale and purchase of water may be extended from year to year at the
option of the contracting parties. All said facilities, contracts,
leases, activities, programs, and performance thereof, on behalf of
the municipality, shall be governmental in nature.
Amended by Laws 1984, c. 126, § 68, eff. Nov. 1, 1984.
§11-37-122. Contract with United States - Provisions authorized -
Validation of existing contracts.
Any municipal governing body, or any agency, instrumentality or
public trust of which a municipality is beneficiary thereof, or
appropriate board or commission subject to the approval of the
municipal governing body, may enter into and do every act necessary
to carry out a contract with the United States of America or agency
thereof for furnishing a municipal water supply to the municipality,
all upon such terms as to use of water, payment therefor, and other
conditions as may be agreed upon between the United States or agency
thereof and the municipal governing body or any agency,
instrumentality or public trust of which a municipality is
beneficiary thereof. Incident to procuring a municipal water supply
in the manner provided herein, any contract authorized by this
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section may provide for, but is not limited to, either or both of the
following:
1. The replacement or exchange of water or water rights; or
2. The transfer or conveyance by the municipality to the United
States of water, water rights, dams, easements or real or personal
property of any kind whatsoever needed by the United States in
connection with the construction or operation and maintenance of any
such irrigation project.
Any contract authorized by this section, heretofore entered into by
any municipality, is hereby ratified, validated and confirmed.
Laws 1977, c. 256, § 37-122, eff. July 1, 1978; Laws 1980, c. 90, §
1.
§11-37-123. Use of water outside corporate limits for park purposes.
Any municipality owning and operating waterworks or water plants
for the purpose of supplying the municipality and the inhabitants
thereof with water may make use of such water for park or other
public purposes without the corporate limits of the municipality.
Laws 1977, c. 256, § 37-123, eff. July 1, 1978.
§11-37-124. Joint construction and operation of waterworks -
Election.
Any municipality may conduct an election, in the manner provided
by law for municipal elections, for the purpose of securing approval
of the registered voters within its corporate limits to enter into a
contract with any other municipality to finance the construction,
maintenance, control and operation of waterworks necessary to provide
such municipalities with an adequate supply of water for public
purposes.
Laws 1977, c. 256, § 37-124, eff. July 1, 1978.
§11-37-125. Joint financing of waterworks.
Waterworks which are jointly constructed, maintained, controlled
or operated by two or more municipalities may be financed by the
issue and sale of bonds and collection of water charges, as provided
in Sections 37-106 through 37-109 of this title. The governing
bodies of such municipalities are hereby specifically authorized to
enter into agreement and contract as to the amount of each
municipality's indebtedness and proportionate share of cost of
construction, maintenance, control and operation of any waterworks
jointly acquired under the provisions of Section 37-124 of this
title; provided that in all cases where a proposition is submitted to
the registered voters of any municipality for the voting of bonds to
defray costs of such a joint contract, the election notice and ballot
shall so state.
Laws 1977, c. 256, § 37-125, eff. July 1, 1978.
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§11-37-126. Joint construction deemed supplemental.
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.
Laws 1977, c. 256, § 37-126, eff. July 1, 1978.
§11-37-127. Municipalities outside Oklahoma - Purchase of lands for
water in Oklahoma.
An incorporated municipality of a state adjoining the State of
Oklahoma is hereby granted permission, if authorized or empowered by
the laws of such adjoining state to do so, to acquire by purchase
from a private corporation which may be furnishing water to water
users in the municipality, or which may be furnishing water to the
municipality for resale to water users therein, the title to, or
lesser interest in, lands that the private corporation owns in the
State of Oklahoma. The municipality may also acquire any easements
or rights-of-way then owned by such corporation over and across other
lands within the State of Oklahoma necessary for pipelines to convey
water from a reservoir to a point or points outside the State of
Oklahoma. Such lands, easements and rights-of-way acquired by the
municipality may be used in connection with, but only used in
connection with, the establishment, betterment or expansion of a
municipally-owned water supply or system; the necessary protection of
the water supply from pollution; or the maintenance and operation of
the municipally-owned water supply or system. The municipality may
continue to hold lands, easements and rights-of-way so acquired as
long as the same are so used. In order to transfer or convey any of
its interests in Oklahoma lands, the private corporation shall have
owned the title to, or any lesser interest in, lands within the State
of Oklahoma as of April 25, 1957, upon which is located, in whole or
in part, a reservoir from which such water or portion thereof is
obtained, which reservoir has been in existence on the lands for more
than one (1) year prior to April 25, 1957, and which land, or
interest therein, has been owned by the corporation for more than
fifteen (15) years prior to April 25, 1957.
Laws 1977, c. 256, § 37-127, eff. July 1, 1978.
§11-37-128. Public water trusts – Supervision by municipalities –
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
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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.
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
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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.
Added by Laws 2000, c. 252, § 1, eff. Sept. 30, 2000.
§11-37-201. Authorization to establish lines and facilities - Joint
efforts - Acceptance of grants.
The municipal governing body may:
1. Authorize the construction of mains, submains and laterals
for sewers, also ditches, drains, conduits, pipelines and channels
for sanitary and drainage purposes, or either or both thereof, with
lift stations, outlets, manholes, catch basins, flush tanks,
connecting sewers, ditches, drains, conduits, channels and other
appurtenances in, under, over or through any street, or any land of
the municipality or any right-of-way granted or obtained for such
purpose, either within or without the limits of the municipality;
2. Authorize the construction of mains, submains and laterals
for water distribution lines, water distribution systems or
waterworks, and water supply facilities for same; also ditches,
canals, channels, conduits, pipelines and siphons, together with the
necessary or usual appurtenances for carrying storm water or water
from irrigation ditches, water courses, streams, springs, wells,
lakes, treating plants or other sources of supply into, through or
out of the municipality in, under, over or through any street or any
land of the municipality or any right-of-way granted or obtained for
such purpose, either within or without the limits of the
municipality;
3. Join with other municipalities or any improvement district or
sanitary district of the state, or any of its departments or
agencies, the federal government or any of its departments, agencies
or instrumentalities, as may be provided by law, in the construction,
operation or maintenance of improvements authorized by the provisions
of Sections 37-201 through 37-234 of this title; and
4. Accept from the state, or federal government, or any agency,
department or instrumentality of either, grants for or in aid of the
construction or engineering planning of any of the improvements
provided herein, and enter into contracts with the state, the federal
government, or any agency, department or instrumentality of either or
both, for the construction or supervision of construction by the
state, the federal government, or any agency, department or
instrumentality, for either or both of any such improvements, in
accordance with the plans, specifications, rules and regulations of
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the state, the federal government, or any agency, department or
instrumentality or either or both, but reserving to the municipality
the right to assess against the property benefited by the improvement
and located within the municipality, that portion of the cost of the
improvement which does not qualify for aid under the state or federal
grant.
Laws 1977, c. 256, § 37-201, eff. July 1, 1978.
§11-37-202. Public and district sewers - Public and district water
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
distribution lines. Such systems may be created separately or in
conjunction with each other.
Laws 1977, c. 256, § 37-202, eff. July 1, 1978.
§11-37-203. Location of public sewers - Dimensions - Regulations.
Public sewers shall be established along the principal courses of
drainage, at such points, to such extent, of such dimensions and
under such regulations as may be determined by the governing body.
These public sewers may be extensions or branches of sewers already
constructed or entirely new throughout as may be deemed expedient by
the municipal governing body.
Laws 1977, c. 256, § 37-203, eff. July 1, 1978.
§11-37-204. Location of public water distribution system - Main
lines of conveyance.
The public water distribution system shall consist only of the
main lines of conveyance from the sources of supply, and the main
lines for general distribution, including such other property as may
be necessary in connection therewith for the proper maintenance and
use of the water distribution system throughout the municipality. The
public distribution lines shall be established along the principal
courses of distribution, or of supply, at such points, to such
extent, of such dimensions and under such regulations as may be
provided by the governing body; and these principal lines of
distribution may be extensions or branches of lines already
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constructed or entirely new throughout as may be deemed expedient and
necessary by the municipal governing body.
Added by Laws 1977, c. 256, § 37-204, eff. July 1, 1978.
§11-37-205. Payment of construction and maintenance of public sewers
and water lines - Petition.
Except as otherwise provided, the construction and maintenance of
public sanitary sewers, storm sewers, and public waterlines shall be
paid for as follows:
1. Unless otherwise provided for in this section, all mains and
submains constructed by a municipality shall be paid for by the
municipality. If a petition signed by the owners of more than one-
half (1/2) of the area of the land that will be drained or benefited
by the construction of such mains or submains is filed with the
governing body or the governing body finds that certain property will
be specially benefited thereby, the governing body may create a
district and order the construction of such mains and submains and
provide for the payment therefor to be made by the owners of the
property included within the district in accordance with the
procedure for the construction of and payment for district sewers and
district waterlines. The petition shall be filed with the city
clerk. The petition shall state in bold, capitalized letters at the
top of the page that the cost of the proposed improvements shall be
assessed against the property benefited by the improvements;
2. Laterals shall be paid for by the owners of the property
abutting on such laterals in the manner provided for by law for the
estimate of cost and assessments for district sewers and district
waterlines;
3. If a main or submain is constructed in any alley or other
place where a lateral would otherwise have been constructed and the
main or submain serves the purpose of a lateral for the property
abutting thereon, the owners of the property shall be assessed in
amounts equal to that which they would have been required to pay for
a sufficient lateral; and
4. If any private connection is made with a main or submain
instead of with a lateral, the owner of the premises so connected
shall pay to the municipality an amount equal to that which he would
have been required to pay for a lateral so constructed as to provide
similar service. The amounts to be charged for connections with
mains and submains, or for mains or submains used as laterals, shall
be ascertained by the municipal engineer or the engineer in charge of
such work and assessed against the property and collected in the
manner provided for by law in the case of district sewers.
Added by Laws 1977, c. 256, § 37-205, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 69, eff. Nov. 1, 1984; Laws 2001, c. 54, § 2,
eff. Nov. 1, 2001.
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§11-37-206. Establishment of district sewer and water distribution
lines - Petition.
District sewers and district water distribution lines shall be
established within the limits of the districts, to be prescribed by
ordinance. District sewers shall connect with public sewers or other
district sewers, or with the natural course of drainage, as each case
may be. District water distribution lines in contiguous or
noncontiguous areas may connect with public distribution lines, or
other district distribution lines. The governing body shall cause
sewers and/or district water distribution lines to be constructed in
each district whenever the record owners of more than one-half the
area of land liable to assessments for the improvement shall petition
therefor. The petition shall be filed with the city clerk. The
petition shall state in bold, capitalized letters at the top of the
page that the cost of the proposed improvements shall be assessed
against the property benefited by the improvements. The districts
may include mains and submains where the same are within the limits
of the district or are necessary outlets or supply lines thereto.
Added by Laws 1977, c. 256, § 37-206, eff. July 1, 1978. Amended by
Laws 2001, c. 54, § 3, eff. Nov. 1, 2001.
§11-37-207. Costs of district sewer and water distribution lines.
The costs of district sewers and district water distribution
lines, including mains and submains properly included in the
district, shall be assessed and collected as hereinafter provided.
The municipality shall incur no liability for building district
sewers, except when the municipality is the owner of a lot within the
district, and in that case the municipality shall be liable for the
costs of the sewer in the same manner as other property owners within
the district.
Laws 1977, c. 256, § 37-207, eff. July 1, 1978.
§11-37-208. Construction of lines through private property -
Condemnation.
No sewer or water line shall run diagonally through private
property when it is practicable, without injury to the sewer or water
line, to construct it parallel with one of the exterior lines of such
property; nor shall any public sewer or public water line be
constructed through private property when it is practicable to
construct it along or through a street, alley or other public
highway. The municipal governing body shall have the power to
condemn private property for public use, occupation or possession in
the construction and repair of public and district sewers and water
distribution lines, in the same manner as other property is condemned
within the municipality for public uses.
Laws 1977, c. 256, § 37-208, eff. July 1, 1978.
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§11-37-209. District sewer or water lines without petition -
Preliminary plans and costs.
Whenever the governing body deems district sewers or district
water distribution lines necessary, it may proceed with such work
without petition, and shall require, by resolution, the municipal
engineer, or other registered professional engineer, to prepare and
file preliminary plans, showing a preliminary estimate of the cost of
such improvement, and an assessment plat showing the area to be
assessed. In the event noncontiguous areas are included in the same
district, separate preliminary estimates shall be filed as to each
area. The governing body may adopt any material or methods for the
construction of such work.
Laws 1977, c. 256, § 37-209, eff. July 1, 1978.
§11-37-210. Special attorneys, auditors or consulting engineers.
The municipal body may contract for the services of special
attorneys, auditors or consulting engineers to make the necessary
surveys, and prepare plans, plats, profiles, estimates and all other
details for the work of improvements and to supervise the work. Any
such consulting engineer shall be a person, firm or corporation,
resident in the State of Oklahoma, and duly registered as an engineer
in the State of Oklahoma. A consulting engineer may be employed also
to furnish the necessary advertising, printing, transcripts, legal
fees, preparation of assessment rolls, and such other expense as may
be necessary. The municipality shall provide for the payment of such
services and expenses from the assessments to be levied as part of
the cost of such improvments, except as otherwise provided.
Laws 1977, c. 256, § 37-210, eff. July 1, 1978.
§11-37-211. Examination and approval of plans - Resolution of
necessity.
Upon the filing of the preliminary plans, preliminary estimate
and assessment plat, the governing body shall examine them and, if
found satisfactory, shall adopt and approve them by resolution, and
declare such work of improvement necessary to be done. The
resolution shall:
1. Contain the time and place that the governing body will hold
a hearing on the proposed improvement; and
2. Direct the municipal clerk to give notice as required in
Section 37-212 of this title.
The resolution shall further provide that:
1. Any person, firm, corporation, administrator or guardian
holding title to the land liable to assessment may file, within
fifteen (15) days after the last publication of notice, with the
clerk a protest in writing against the improvement; and
2. The municipality may proceed to cause the improvements to be
made, contract therefor and levy assessments for the payment thereof,
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if the record owners of more than one-half, in area, of the land
liable to be assessed do not file their written protest as provided
in this section.
Laws 1977, c. 256, § 37-211, eff. July 1, 1978.
§11-37-212. Notice of resolution of necessity - Publication and
mailing.
A. The resolution of necessity shall be published in at least
two (2) consecutive Thursday issues of a daily newspaper, or at least
two (2) consecutive issues of a weekly newspaper, which newspaper
shall be of general circulation in the municipality.
B. Not less than ten (10) days before the date of the first
hearing affecting the proposed district, as set forth in the
resolution of necessity, the clerk shall notify each listed owner of
lots or tracts of land within the district as shown by the current
year's tax rolls in the county treasurer's office, which list shall
be furnished by the engineer, as follows:
1. By mailing a postal card directly to the listed owner at his
last-known address as shown by the tax roll, notifying the owner of
the initiation of proceedings and advising him that his property,
describing it, will be liable to assessment to pay for the
improvement, and referring him to the newspaper and issues thereof in
which the resolution is or will be published for further particulars;
or
2. In lieu of mailing the postal card, by mailing to each of the
listed owners a copy of the newspaper publication, which mailing
shall not be less than ten (10) days before the first hearing.
If several tracts appear to be owned by the same person, all may be
included in the same notification.
C. Proof of the notification given shall be made by affidavit of
the clerk and filed in his office. However, the failure of any one
or more listed owners to receive the notification shall not
invalidate any of the proceedings hereunder.
Laws 1977, c. 256, § 37-212, eff. July 1, 1978.
§11-37-213. Protests - Hearing - Findings as conclusive and binding.
Protests shall be heard and considered at the next regular
meeting of the governing body following the expiration of the
fifteen-day period after the last publication of the resolution of
necessity. The hearing may be continued from time to time. The
finding of the governing body as to the sufficiency or insufficiency
of the protest or petition shall be conclusive and binding for all
purposes and against all persons. The governing body shall have the
power to hear any protest or petition and compel the attendance of
witnesses under oath to determine the sufficiency thereof. If
sufficient protests are filed as to any one or more noncontiguous
areas, the same shall be eliminated from the proceedings, but the
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other areas shall not be affected thereby. No action or suit to
question the findings of the governing body on the sufficiency of the
protests or petition shall be commenced later than fifteen (15) days
after the finding.
Laws 1977, c. 256, § 37-213, eff. July 1, 1978.
§11-37-214. Rules regarding protests - Sufficiency.
In determining the sufficiency of any protest or petition as
provided in Section 37-213 of this title, the governing body shall be
guided by these rules:
1. Each paper containing signatures shall have attached thereto
the affidavit of an owner of property to be assessed, or his agent,
stating that each signature was affixed in his presence and is the
signer's genuine signature;
2. The protest or petition shall be counted only for the
property described as belonging to the signer;
3. The signature of one co-owner shall be counted only to the
extent of the signer's interest in the property, but the signature of
one joint tenant will protest or petition the entire interest;
4. A protest or petition signed by a guardian, executor,
administrator or trustee shall be valid without an order of court
therefor; and
5. A protest or petition is valid if signed by a person who has
an equitable title, including a recorded contract of purchase.
Laws 1977, c. 256, § 37-214, eff. July 1, 1978.
§11-37-215. Right of property owner to institute action in district
court.
Any property owner shall have the right to institute an action in
the district court in the county in which the situs of the municipal
government is located at any time not later than fifteen (15) days
after the action of the municipal governing body in adopting and
approving the plans, profiles, specifications, estimates and
assessment plat, to contest such action. Any suit instituted after
the expiration of the fifteen (15) days shall not be maintained to
question the plans, profiles, specifications, estimates or assessment
plat, and the property owners liable for assessment shall be deemed
to have waived all objections thereto.
Laws 1977, c. 256, § 37-215, eff. July 1, 1978.
§11-37-216. Resolution ordering improvement - Detailed plans, etc. -
Contractor's bonds.
A. After the expiration of the time for filing protests against
the proposed improvement, or if insufficient protests have been
filed, the municipal governing body shall adopt a resolution
declaring that no protests have been filed, or if protests have been
filed, that the protests were insufficient, and expressing the
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determination of the governing body to proceed with the improvement.
The resolution shall require the engineer to forthwith submit and
file detailed plans, profiles, specifications and estimates of
probable cost.
B. After the engineer has filed the detailed plans and
estimates, the governing body shall examine them and, if found
satisfactory, shall adopt and approve them by resolution, and order
the improvement to be done. The resolution ordering the improvement
shall:
1. State that the improvement will be constructed in accordance
with the final detailed plans, specifications and profiles of the
engineer;
2. Set forth any reasonable terms and conditions that the
governing body shall deem proper to impose with reference to the
letting of the contract and the provisions thereof;
3. Require the contractor to execute to the municipality a good
and sufficient bond, in the amount stated in the resolution,
conditioned for the full and faithful execution of the work and the
performance of the contract for the protection of the municipality
and all property owners interested, against any loss or damage by
reason of the negligence of the contractor, or improper execution of
the work, or for the use of inferior material;
4. Require the contractor to execute a bond, in the amount
stated in the resolution, for the maintenance of the improvements
against any failure due to defective workmanship or materials for a
period of not less than one (1) year from the time of its completion
and acceptance;
5. Require the execution of a good and sufficient bond to the
State of Oklahoma for the payment of all labor and material used in
the construction of the improvement in the full amount of the
contract price therefor; and
6. Direct the municipal clerk, after the filing of the final
plans, profiles, specifications and estimates, to advertise for
sealed proposals for furnishing the materials and performing the work
necessary in making the improvement.
Laws 1977, c. 256, § 37-216, eff. July 1, 1978.
§11-37-217. Advertisement and notice for proposals - Filing date for
suits and actions.
A. The notice of the municipality's advertisement for proposals
shall set forth:
1. The boundaries of the area to be improved, referring to the
assessment plat on file;
2. The kind of improvements proposed;
3. What bonds will be required to be executed by the contractor,
as specified in the resolution ordering the improvement; 4. A
reference to the plans and specifications;
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5. The time and the place for filing sealed proposals; and
6. The time and place that the governing body will consider the
proposals.
The notice shall be published in ten (10) consecutive issues of a
daily newspaper, or two (2) consecutive issues of a weekly newspaper,
which is of general circulation in the municipality.
B. No action or suit to question the adoption of the resolution
ordering the improvement, or its sufficiency, or the final, detailed
estimates of the engineer, shall be commenced later than fifteen (15)
days after the first publication of the notice for proposals.
Laws 1977, c. 256, § 37-217, eff. July 1, 1978.
§11-37-218. Awarding of contract - Aggregate cost.
At the time and place named in the notice for proposals to
contractors, the municipal governing body shall examine all bids
received. Without unnecessary delay, the governing body shall award
the contract to the lowest and best bidder. Contractors' bids shall
not be held valid longer than forty-five (45) days after the deadline
for filing the proposals with the municipality. The aggregate amount
of the contract shall not exceed the aggregate estimate of cost
submitted by the engineer. The governing body shall have the right
to award a contract for all or a portion of the improvement or to
reject any or all bids, and to readvertise for other bids when any
bids are not, in its judgment, satisfactory. The letting of the
contract shall not be complete until the contract is duly executed
and the bonds approved.
Laws 1977, c. 256, § 37-218, eff. July 1, 1978.
§11-37-219. Final statement of cost - Preparing assessment roll.
A. After the completion of the work and after the cost of the
same has been ascertained, the engineer shall prepare and file with
the municipal clerk a final, complete and accurate statement of the
cost of the entire improvement, including engineering, advertising,
legal, right-of-way, easements and other expenses incurred by the
municipality incident to the improvement, together with any and all
additions to the contract price of the improvements. The governing
body shall adopt and confirm the final statement of cost, if found to
be correct.
B. The engineer or municipal clerk shall thereupon prepare and
file an assessment roll, which shall contain among other things:
1. The names of the last-known owners of the property to be
assessed, as shown by the current year's tax rolls in the county
treasurer's office, or as shown by certificate of a bonded
abstractor; or in case the name of the owner is not known, a
statement to that effect;
2. A description of each tract or parcel of land to be assessed;
and
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3. The amount of the assessment of each tract or parcel of land.
The amount assessed to each tract or parcel of land shall be on an
area basis, in proportion to the area of the whole district,
exclusive of public highways. All property within two hundred (200)
feet of the improvements shall be deemed to be abutting thereon for
the purposes of protest and assessment, to the extent that such
property is within the limits of the assessment plat. If a
fractional part of a lot, parcel, or tract of land is within an
assessment area, the benefit shall be computed for the fractional
part, but the entire lot, parcel or tract of land under the same
ownership of which the fractional part is a part shall be subject to
assessment for the benefit.
Laws 1977, c. 256, § 37-219, eff. July 1, 1978.
§11-37-220. Hearing of objections on assessments - Time of hearing -
Notice.
When the assessment roll is filed, the governing body shall set a
time for holding a hearing on any complaints or objections that may
be made concerning the apportionment as to any of the lots. Notice of
the hearing shall be published in five (5) consecutive issues of a
daily newspaper, or two (2) consecutive issues of a weekly newspaper,
which is of general circulation in the municipality. The date fixed
for the hearing shall be not less than five (5) nor more than thirty
(30) days from the date of the last publication. Not less than ten
(10) days before the hearing, the municipal clerk shall also notify
each listed owner or property chargeable with the cost of the
improvement by mail to his address, as shown by the current year's
tax rolls in the county treasurer's office, or as shown by
certificate of a bonded abstractor. The notice shall state:
1. That the assessment roll is on file in the municipal clerk's
office;
2. The date the assessment roll was filed; and
3. The time and place that the governing body will hear and
consider any objections.
Laws 1977, c. 256, § 37-220, eff. July 1, 1978.
§11-37-221. Correction and confirmation of apportionment.
Any owner of real estate proposed to be assessed may, at or prior
to the hearing on the apportionment, file his objections in writing
against the validity of the assessment roll and proposed assessment,
setting forth the nature thereof, and shall have full opportunity to
be heard. The governing body shall make such adjustments as may be
just and proper. Any and all objections to the amount and validity
of the assessments shall be deemed waived unless presented at the
time and in the manner herein specified. At the hearing on the
apportionment, or any adjournment thereof, the municipal governing
body may review and correct the apportionment and raise or lower the
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same as to any lots or tracts of land, as it shall deem just. The
governing body by resolution shall confirm the apportionment and
assessment as so revised and corrected by it. The determination by
the governing body of the existence and extent of special benefit to
each tract or parcel of land in the district is hereby declared to be
legislative in nature, and shall be conclusive upon the property
owners and upon the courts.
Laws 1977, c. 256, § 37-221, eff. July 1, 1978.
§11-37-222. Assessing ordinance - Interest on installments - Liens.
Assessments in conformity with the appraisement and
apportionment, as corrected and confirmed by the governing body,
shall be payable in ten equal annual installments, and shall bear
interest not to exceed the rate of thirteen percent (13%) per annum
until paid, payable in each year at such time as the several
installments are made payable. The governing body, by ordinance and
by referring to the assessment roll as confirmed, shall levy
assessments in accordance with the assessment roll and apportionment,
as confirmed, against the several lots and tracts of land liable
therefor. The ordinance shall provide that the owners of the
property so assessed shall have the privilege of paying the amounts
of their respective assessments without interest within thirty (30)
days after the date of the publication of the assessing ordinance.
The special assessments, and each installment thereof and the
interest and penalties thereon, are hereby declared to be a lien
against the lots and tracts of land as assessed from the date of the
publication of the ordinance levying the same, coequal with the lien
of other taxes and prior and superior to all other liens against such
lots or tracts of land. The liens shall continue as to unpaid
installments, interest and penalties until the assessments, interest
and penalties thereon shall be fully paid, but unmatured installments
shall not be deemed to be within the terms of any general convenant
or warranty.
Amended by Laws 1982, c. 9, § 3, emerg. eff. March 15, 1982.
§11-37-223. Treatment of property owned by municipality, counties or
schools.
Any property which is owned by the municipality, or county, or
any board of education or school district, shall be treated and
considered the same as the property of other owners. The
municipality, county, school district or board of education within
the district to be assessed shall annually provide, by the levy of
taxes in a sufficient sum, for payment of the maturing installments
of assessments and interest and penalty thereon. In municipalities
containing a population of less than two thousand five hundred
(2,500), according to the latest federal census, the municipality
may, with the consent of the school board, provide for the payment of
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such assessments, or the construction and installment of sewer and
water improvements, with funds derived from the issuance of building
bonds or receipts of a building tax levy of a school district served
by such improvement.
Laws 1977, c. 256, § 37-223, eff. July 1, 1978.
§11-37-224. Assessment record.
As soon as the assessing ordinance is adopted, the municipal
clerk shall prepare a book which shall be known as the Assessment
Record, in which he shall enter:
1. The names of each person owning the land to be assessed, as
ascertained from the records of the county; or in case the name of
the owner is not known, a statement to that effect;
2. A description of the lot, tract or subdivision;
3. A blank space for entering the amount of the assessment; and
4. A suitable column for entering the payments which may be made
from time to time on account of the assessment.
Laws 1977, c. 256, § 37-224, eff. July 1, 1978.
§11-37-225. Due date of first installment - Payment of assessments -
Interest on delinquent installments.
A. The first installment of the assessment, together with
interest upon the whole assessment from the date of the passage of
the assessing ordinance to the first day of the next September, shall
be due and payable in cash on or before the first day of September
next succeeding the passage of the assessing ordinance. If the
assessing ordinance is not passed prior to the first day of July in
any year, the first installment of the assessment shall be due and
payable in cash with interest from the date of the passage of the
assessing ordinance to the first day of September of the following
year.
B. The assessments shall be payable as the several installments
become due, together with the interest thereon, to the municipal
clerk, who shall give proper receipts for the payments, and credit
the payments upon the Assessment Record. In case any installment or
interest is not paid when due, the installment so matured and unpaid
and the unpaid interest thereon shall draw interest at the rate of
twelve percent (12%) per annum from maturity until paid, except as
otherwise provided.
Laws 1977, c. 256, § 37-225, eff. July 1, 1978.
§11-37-226. Collection of payments - Bond of clerk - Special fund.
The municipal clerk shall be required to execute a good and
sufficient bond, with sureties, and in an amount to be approved by
the governing body, payable to the municipality, conditioned for the
faithful performance of the duties conferred upon him as collector of
the assessments. The municipal clerk shall keep an accurate account
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of all assessment collections made by him, and shall pay to the
municipal treasurer daily the amounts of the assessments collected by
him. The amounts so collected and paid to the municipal treasurer
shall constitute a separate, special fund to be used and applied to
the payment of bonds and the interest coupons which are issued
against the assessments. After the payment of all bonds and interest
thereon, any surplus remaining in the fund shall be paid to the
general fund.
Laws 1977, c. 256, § 37-226, eff. July 1, 1978.
§11-37-227. Delinquent installments - Certification to county
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.
Added by Laws 1977, c. 256, § 37-227, eff. July 1, 1978. Amended by
Laws 1978, c. 196, § 4, eff. July 1, 1978; Laws 2000, c. 82, § 5,
eff. Nov. 1, 2000.
§11-37-228. Acceptance of work after completion in accordance with
plans.
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Upon the completion of the improvement, the governing body shall
determine whether or not the work has been completed in accordance
with the plans, specifications and contract therefor. If the
governing body finds the work to be in compliance, it shall accept
the same. When the work is so accepted, the action shall be
conclusively binding upon all persons interested and upon the court.
Laws 1977, c. 256, § 37-228, eff. July 1, 1978.
§11-37-229. Issuance of negotiable coupon books.
The municipal governing body may, after the expiration of thirty
(30) days from the publication of the assessing ordinance, within
which period the whole of any assessment may be paid without
interest, provide by resolution for the issuance of bonds. The bonds
shall be in the aggregate amount of the assessments then remaining
unpaid, bearing date of thirty (30) days after the publication of the
assessing ordinance, and be of such denominations as the governing
body and the contractor shall determine. The bonds shall in no event
become a liability of the municipality issuing the bonds. The bonds
shall be payable on or before the first of October next succeeding
the September 1 on which the last installment of assessments shall
mature. The interest on the bonds shall be at the rate of not to
exceed twelve percent (12%) per annum, payable October 1 following
the due date of the first installment of assessments, and
semiannually thereafter, until maturity, and fifteen percent (15%)
per annum after maturity. The bonds shall be designated as
Improvement Bonds and shall:
1. Recite the areas for the improvement of which they have been
issued;
2. State that they are payable, in cash, from the assessments
which have been levied upon the lots and tracts of land benefited by
the improvement and from the accumulation of the interest and penalty
on the assessments;
3. Designate the place, either within or without Oklahoma, where
the bonds and interest shall be payable;
4. Be signed by the mayor and attested by the municipal clerk;
and
5. Contain an impression of the corporate seal of the
municipality thereon.
Facsimile seals and signatures of the mayor and municipal clerk may
be used as provided in the Registered Public Obligations Act of
Oklahoma. The bonds shall be issued in series, and the bonds of each
series shall be numbered consecutively beginning with number One.
The bonds of each series shall be payable, in cash, in their
numerical order.
Amended by Laws 1982, c. 9, § 4, emerg. eff. March 15, 1982; Laws
1983, c. 170, § 19, eff. July 1, 1983.
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§11-37-230. Registration of bonds.
The Improvement Bonds shall be registered by the clerk of the
municipality in a book to be provided for that purpose, and each bond
shall bear a certificate of such registration. Upon the books of the
treasurer shall be noted the name of the holder of each bond and his
address. Any subsequent holder may cause the same to be registered
in the name of the holder upon submission of proper proof of
ownership. Nothing herein shall prevent the appointment of a
registrar, transfer, authenticating, paying or other agent as
provided in the Registered Public Obligations Act of Oklahoma for
purposes of performing the functions required herein.
Amended by Laws 1983, c. 170, § 21, eff. July 1, 1983.
§11-37-231. Bond payment and cancellation.
The municipality shall have the right to call and pay in numerical
order the bonds or any number thereof in the following manner:
Whenever there shall be sufficient funds in the hands of the
municipal treasurer after the payment of all interest due and to
become due within the next six (6) months, the treasurer, on or
before March 10 and September 10 of any year, shall give notice by
certified mail addressed to the last-registered holder of the bonds
called, at the address appearing upon the registry, that there has
accumulated funds sufficient to pay the designated bonds, and
interest thereon to April 1 next or October 1 next, as the case may
be, and directing the presentation of the bond or bonds for payment
and cancellation. The bond or bonds which are called will cease to
bear interest after April 1 or October 1, as provided in the notice.
Upon the payment and cancellation of the bond or bonds, proper entry
thereof shall be made upon the books of the clerk and treasurer or
appointed agent. Upon the accumulation of sufficient funds as herein
provided, the municipal treasurer shall pay the bonds so called and,
in the event of failure to do so, he shall be liable for all such
damages as may result therefrom. The provisions of this section may
be enforced by appropriate proceedings in mandamus against the
treasurer.
Amended by Laws 1983, c. 170, § 20, eff. July 1, 1983.
§11-37-232. Delivery of bonds to contractor.
The cash prepayments and the bonds in the amount that may be
necessary for the purpose shall be turned over and delivered to the
contractor or assigns at par and accrued interest in payment of the
amount due in accordance with the terms of the contract, provided
that the contractor has paid to the municipal clerk all advertising,
engineering, appraising, right-of-way and easements and other costs,
including consulting attorneys fees and special attorney and audit
fees.
Laws 1977, c. 256, § 37-232, eff. July 1, 1978.
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§11-37-233. Right of action of bondholder.
Any holder of any improvement bond issued hereunder shall have
the right to institute, in the name of the municipality issuing the
bond, an action in the district court in the county in which the
property is located to foreclose the lien of the assessments whenever
the assessments, or any installment thereof, are delinquent for a
period of at least six (6) months. The petition for foreclosure
shall generally:
1. State the ownership of the bond;
2. Describe the property assessed;
3. Describe the nature of the improvement;
4. Set forth the amount of the unpaid delinquent assessment or
installment and penalty thereon at the rate of twelve percent (12%)
per annum; and
5. Pray for the foreclosure of the lien.
Summons shall be issued on the petition as in other civil actions and
the cause tried by the district court. Judgment may be entered on
the petition for the amount of the unpaid assessment, or installment,
together with interest thereon at the rate of twelve percent (12%)
per annum from the date the assessment or installment was due and
payable up to the date of the filing of the petition, and for the sum
of six percent (6%) interest on the judgment computed from the time
of filing the petition until the judgment is paid, together with
reasonable attorneys fees. If the judgment, together with interest,
costs and attorneys fees, is not paid within six (6) months after the
date of the rendition thereof, an order of sale shall issue by the
clerk of the court, directed to the sheriff of the county, to sell
the real estate in the manner and form as for sale of real estate
under execution. Upon the payment of the judgment, the amount
thereof exclusive of costs and attorneys fees shall be paid to the
municipal treasurer for deposit in the separate, special fund to pay
outstanding bonds and interest thereon. The judgment shall provide
for the sale of the real estate subject to existing general ad
valorem taxes. All owners or encumbrancers shall be made parties
defendant in the suit. Upon the institution of an action to collect
delinquent and unpaid assessments in any improvement district against
property liable therefor, no other or further action shall be
instituted and maintained to collect such delinquent assessment
against the property for that year.
Laws 1977, c. 256, § 37-233, eff. July 1, 1978.
§11-37-234. Limitation on suits to set aside assessments or 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
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thereof, or interest or penalty thereon, or issuing the bonds, or
providing for their payment, or contesting the validity thereof on
any ground, unless such suit shall be commenced not more than fifteen
(15) days after the publication of the ordinance levying assessments.
After the fifteen-day period has expired, or after the work has been
completed and accepted by the municipality, a suit may be brought
only for the failure 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.
Laws 1977, c. 256, § 37-234, eff. July 1, 1978.
§11-38-101. Definitions and applicability.
The provisions of this article shall apply to all municipalities
in this state except as otherwise provided. The following terms
whenever used or referred to in Sections 38-101 through 38-119 of
this title shall have the following meanings, unless a different
meaning is clearly indicated by the context:
1. "Authority" or "Urban Renewal Authority" shall mean a public
body corporate created by Section 38-107 of this title;
2. "Public body" shall mean the state or any incorporated city,
town, board, commission, authority, district, or any subdivision or
public body of the state;
3. "Municipality" shall mean any incorporated city or town;
4. "Municipal governing body" shall mean the council, board of
trustees, or other body duly charged with governing a municipality;
5. "Mayor" shall mean the mayor of a municipality or other
officer or body having the duties customarily imposed upon the
executive head of a municipality;
6. "Clerk" shall mean the clerk or other official of a
municipality who is the custodian of the official records of the
municipality;
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7. "Federal Government" shall include the United States of
America or any agency or instrumentality, corporate or otherwise, of
the United States of America;
8. "Blighted area" shall mean an area in which there are
properties, buildings, or improvements, whether occupied or vacant,
whether residential or nonresidential, which by reason of
dilapidation, deterioration, age or obsolescence, inadequate
provision for ventilation, light, air, sanitation or open spaces;
improper subdivision or obsolete platting of land; deterioration or
demolition of structures without repair, replacement or reinvestment;
improper street layout in terms of existing or projected traffic
needs, traffic congestion or lack of parking or terminal facilities
needed for existing or proposed land uses in the area, predominance
of defective or inadequate street layouts; faulty lot layout in
relation to size, adequacy, accessibility or usefulness; insanitary
or unsafe conditions, deterioration of site or other improvements;
diversity of ownership, tax or special assessment delinquency
exceeding the fair value of the land; defective or unusual conditions
of title including, but not limited to, highly fragmented interests;
any one or combination of such conditions which the municipal
governing body determines substantially impairs or arrests the sound
growth of the municipality and constitutes a substantial liability,
or which endangers life or property by fire or other causes, or is
conducive to ill health, transmission of disease, mortality, juvenile
delinquency, or crime and by reason thereof, is detrimental to the
public health, safety, morals or welfare;
9. "Urban renewal project" or "redevelopment project" may
include undertakings and activities of a municipality, an urban
renewal authority, redevelopment corporation, person or other
corporation, in an urban renewal area for the elimination and for the
prevention of the development or spread of blight, and may involve
clearance and redevelopment in an urban renewal area, or
rehabilitation or conservation in an urban renewal area, or any
combination or part thereof in accordance with an urban renewal plan.
Such undertakings may include:
a. acquisition of a blighted area or portions thereof,
b. demolition and removal of buildings and improvements,
c. installation, construction or reconstruction of
streets, off-street parking facilities, utilities,
parks, playgrounds, and other improvements necessary
for carrying out in the urban renewal area the urban
renewal objectives of this article in accordance with
the urban renewal plan,
d. disposition of any property for uses in the urban
renewal area or the leasing or retention of such
property for uses in accordance with the urban renewal
plan,
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e. carrying out plans for a program of voluntary or
compulsory repair and rehabilitation of buildings or
other improvements in accordance with the urban renewal
plan, or
f. acquisition of any other real property in the area
where necessary to eliminate unhealthful, insanitary or
unsafe conditions, lessen density, eliminate obsolete
or other uses detrimental to the public welfare, or
otherwise to remove or prevent the spread of blight or
deterioration, or to provide land for needed public
facilities;
10. "Urban renewal area" means a blighted area within which the
governing body of a municipality designates an area appropriate for
an urban renewal project;
11. "Urban renewal plan" means a plan officially adopted by the
municipal governing body, as it exists or is changed from time to
time, for an urban renewal project, which plan shall:
a. conform to the general plan for the municipality as a
whole except as provided in subsection K of Section 38-
106 of this title, and
b. be sufficiently complete to indicate such land
acquisition, demolition and removal of structures,
redevelopment, improvements, and rehabilitation as may
be proposed to be carried out in the urban renewal
area, zoning and planning changes, if any, land uses,
maximum densities, building requirements, and the
plan's relationship to definite local objectives
respecting appropriate land uses, traffic, public
transportation, public utilities, recreational and
community facilities, and other public improvements,
and plans for financing the project, and plans for the
relocation of families and businesses to be displaced;
12. "Real property" shall include all lands, including
improvements and fixtures thereon, and property of any nature
appurtenant thereto, or used in connection therewith, and every
estate, interest, right and use, legal or equitable, therein,
including terms for years and liens by way of judgment, mortgage or
otherwise;
13. "Notes" shall mean any notes (including refunding notes),
interim certificates of indebtedness, debentures or other
obligations;
14. "Obligee" shall include any bondholder, agents or trustees
for any bondholders, or lessor demising to the municipality property
used in connection with an urban renewal project, or any assignee or
assignees of such lessor's interest or any part thereof, and the
Federal Government when it is a party to any contract with the Urban
Renewal Authority or the municipality;
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15. "Person" shall mean any individual, firm, partnership,
corporation, company, association, joint stock association, or body
politic; and shall include any trustee, receiver, assignee, or other
person acting in a similar representative capacity;
16. "Area of operation" shall mean the area within the corporate
limits of the municipality;
17. "Board" or "Commission" shall mean a board, commission,
department, division, office, body or other unit of the municipality;
18. "Public officer" shall mean any officer who is in charge of
any department or branch of the government of a municipality relating
to health, fire, building regulations, or to other activities
concerning dwellings in its area of operation; and
19. "Redevelopment corporation" shall mean a corporation
organized under the provisions of Section 38-117 of this title.
Added by Laws 1977, c. 256, § 38-101, eff. July 1, 1978. Amended by
Laws 2015, c. 108, § 1, eff. Nov. 1, 2015.
§11-38-102. Declarations and findings.
It is hereby found and declared that there exists in certain
municipalities blighted areas as herein defined which constitute a
serious and growing menace, injurious and inimical to the public
health, safety, morals and welfare of the residents of said
municipalities; that the existence of such areas contributes an
economic and social liability imposing onerous burdens which decrease
the tax base and reduce tax revenues, substantially impairs or
arrests sound urban growth, retards sound economic development,
aggravates traffic problems and substantially impairs or arrests the
elimination of traffic hazards and the improvement of traffic
facilities; and that the prevention and elimination of blight is a
matter of state policy and state concern; that the state and such
municipalities shall not continue to be endangered by areas which are
focal centers of disease, promote juvenile delinquency, and consume
an excessive proportion of its revenue because of extra services
required for police, fire, accident, hospitalization and other forms
of public protection, services and facilities; that by such
prevention and elimination, property values will be stabilized and
tax burdens more equitably distributed, and the financial and capital
resources of the state will be strengthened; that this menace can
best be remedied by cooperative participation of private enterprise,
municipal governing bodies and public agencies.
It is further found and declared that certain blighted areas, or
portions thereof, may require acquisition, clearance, and disposition
subject to use restrictions, as provided in this article, since the
prevailing conditions of decay may make impracticable the reclamation
of the area by conservation or rehabilitation; that the conditions
and evils hereinbefore enumerated may be eliminated, remedied or
prevented; that the salvable blighted areas can be conserved and
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rehabilitated through appropriate public action as herein authorized,
and the cooperation and voluntary action of the owners and tenants of
property in such area.
It is further found and declared that the powers conferred by
this article are for public uses and purposes for which public money
may be expended and the power of eminent domain and police power
exercised; and it is hereby declared that it is a matter of
legislative determination that the provisions of this article are
enacted in the public interest.
Laws 1977, c. 256, § 38-102, eff. July 1, 1978.
§11-38-103. Workable program for utilization of private and public
resources.
A municipality for the purpose of this article shall formulate
for its area of operation a workable program for utilizing
appropriate private and public resources to eliminate and prevent the
development or spread of blight, to encourage needed rehabilitation,
to provide for the redevelopment of blighted areas, or to undertake
any of these activities or other feasible public activities as may be
suitably employed to achieve the objectives of the workable program.
The workable program may include, without limitation, provision for:
the prevention of the spread of blight into areas of the municipality
which are free from blight through diligent enforcement of housing,
zoning and occupancy controls and standards; the rehabilitation or
conservation of blighted areas or portions thereof by replanning,
removing congestion, providing parks, playgrounds and other public
improvements, by encouraging voluntary rehabilitation and by
compelling the repair and rehabilitation of deteriorated or
deteriorating structures; and the clearance and redevelopment of
blighted areas or portions thereof.
Laws 1977, c. 256, § 38-103, eff. July 1, 1978.
§11-38-104. Maximum rehabilitation and redevelopment by private
enterprise - Public housing facilities.
The Urban Renewal Authority and any municipality, to the greatest
extent determined to be feasible in carrying out the provisions of
this article, shall afford maximum opportunity, consistent with the
sound needs of the municipality as a whole, to the rehabilitation or
redevelopment of the urban renewal area by private enterprise. The
Urban Renewal Authority and the municipality shall give consideration
to this objective in exercising their powers under this article,
including the formulation of a workable program, the approval of
urban renewal plans (consistent with the general plan of the
municipality), and the exercise of its zoning powers, the enforcement
of other laws, codes and regulations relating to the use of land and
the use and occupancy of buildings and improvements, the disposition
of any property acquired, and the provision of necessary public
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improvements. Nothing herein shall be construed to authorize any
municipality or Urban Renewal Authority to construct or operate
public housing facilities.
Laws 1977, c. 256, § 38-104, eff. July 1, 1978.
§11-38-105. Authorization by resolution of governing body.
A. No Urban Renewal Authority created by this article shall
exercise the authority or powers granted by this article until after
the municipal governing body shall have determined by resolution that
such action is in the public interest and elects to have the
authority or powers exercised by the Urban Renewal Authority if one
exists or is subsequently established.
B. No municipality shall exercise the authority granted by this
article until after the municipal governing body shall have adopted a
resolution finding that:
1. One or more blighted areas exist in its area of operation;
and
2. The rehabilitation, conservation or redevelopment, or a
combination thereof, of the area or areas is necessary in the
interest of the public health, safety, morals and welfare of the
residents of the area.
Added by Laws 1977, c. 256, § 38-105, eff. July 1, 1978. Amended by
Laws 1994, c. 206, § 2, emerg. eff. May 20, 1994; Laws 2004, c. 42, §
1, eff. Nov. 1, 2004.
§11-38-106. Urban renewal plan - Public hearings - Approval and
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
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
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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
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
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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
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.
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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
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.
Added by Laws 1977, c. 256, § 38-106, eff. July 1, 1978. Amended by
Laws 2015, c. 108, § 2, eff. Nov. 1, 2015.
§11-38-107. Urban Renewal Authority.
A. There is hereby created in each municipality to which this
article is applicable, a public body corporate to be known as the
"Urban Renewal Authority", or such other name as may be designated by
the governing body of the municipality, which may sue or be sued;
provided, that such Authority shall not transact any business or
exercise its powers hereunder until or unless the governing body of
the municipality has made the finding prescribed in Section 38-105 of
this title.
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B. When the Urban Renewal Authority is authorized to transact
business and exercise powers hereunder, the mayor, subject to the
approval of the municipal governing body, shall appoint a Board of
Commissioners consisting of five (5) members. The term of office of
each such Commission member shall be for three (3) years, except that
of the members first appointed, one shall serve for a term of one (1)
year and two shall serve for terms of two (2) years. The initial
appointments, regardless of the calendar date when such appointments
are made, shall expire on the July 31 closest to the full one, two or
three-year term to which such members are appointed. Thereafter, and
after the expiration of initial terms, all members shall serve terms
of three (3) years. All terms of office, including initial
appointments, shall expire as of July 31 and new terms shall commence
on August 1 of the calendar year.
C. The mayor of the municipality shall designate from the duly
appointed Commission members, a Chairman and Vice Chairman who shall
serve terms of one (1) year, beginning August 1 of each calendar
year, or until a successor is named. Should the mayor fail to
designate a Chairman or Vice Chairman within thirty (30) days after
the separation date of the former Chairman, the Commission may elect
a Chairman or Vice Chairman from its membership by a simple majority
vote of its members. The Chairman, and in his absence the Vice
Chairman, shall call and preside over meetings of the Board of
Commissioners, direct the recording of minutes of its deliberations,
and appoint committees and assign their respective activities.
D. A Commissioner shall receive no compensation for his services
but shall be entitled to necessary expenses, including traveling
expenses, incurred in the discharge of his duties. Each Commissioner
shall hold office until his successor has been appointed and
qualified. A certificate of the appointment or reappointment of any
Commission member shall be filed with the clerk of the municipality
and such certificate shall be conclusive evidence of the due and
proper appointment of such Commission member. Commissioners shall
not be personally liable for obligations of the Urban Renewal
Authority.
E. The powers of an Urban Renewal Authority shall be exercised
by the Commissioners thereof. A majority of the Commissioners shall
constitute a quorum for the purpose of conducting business and
exercising the powers of the Authority and for all other purposes.
Action may be taken by the Authority upon a vote of a majority of the
Commissioners, unless in any case its bylaws shall require a larger
number. Any person may be appointed as a Commissioner if he has
resided for five (5) years within the municipality or an area annexed
to the municipality and is otherwise eligible for such appointment
under this article.
F. The Urban Renewal Authority may employ an executive director,
technical experts and such other agents and employees, permanent and
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temporary, as it may require, and determine their qualifications,
duties and compensation. The Authority may receive legal services of
the staff of the municipality or it may employ or retain its own
legal counsel and legal staff and may contract for any services
necessary to its operation under this article. An Authority
authorized to transact business and exercise powers under this
article shall file, with the mayor and the municipal governing body,
on or before July 31 of each year, a report of its activities for the
preceding fiscal year ending June 30, which report shall include a
complete financial statement setting forth its assets, liabilities,
income and operating expenses as of the end of such fiscal year. At
the time of filing the report, the Authority shall publish in a
newspaper of general circulation in the area of operation, a notice
to the effect that such report has been filed with the mayor and
municipal governing body and that the report is available for
inspection during business hours in the office of the clerk or other
appropriate officer of the municipality and in the office of the
Urban Renewal Authority.
G. A Commission member may be removed from office prior to the
expiration of the term for which he was appointed only for
inefficiency or neglect of duty or misconduct in office by a two-
thirds majority vote of the municipal governing body after hearing
based on charges which are written and a copy delivered to such
Commission member at least ten (10) days before such hearing. A
Commission member may represent himself at such hearing or be
represented by counsel.
Amended by Laws 1986, c. 118, § 1, emerg. eff. April 9, 1986.
§11-38-108. Enumerated Authority powers - Powers and duties
excluded.
A. Every Urban Renewal Authority within the provisions of this
article shall have all the powers necessary or convenient to carry
out and effectuate the purposes and provisions of this article,
including the following powers in addition to others herein granted:
1. To undertake and carry out the urban renewal projects within its
area of operation and in accordance with any urban renewal plan
adopted by the municipality; and to make and execute contracts and
other instruments necessary or convenient to the exercise of its
powers under this article; and to disseminate blight and urban
renewal information;
2. To provide or to arrange or contract for the furnishing by
any person or agency, public or private, of services, privileges,
works, streets, roads, public utilities, or other facilities for or
in connection with an urban renewal project; to install, construct,
and reconstruct streets, off-street parking facilities, utilities,
parks, playgrounds, and other public improvements; and to agree to
any conditions that it may deem reasonable and appropriate attached
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to Federal financial assistance and imposed pursuant to Federal law
relating to the determination of prevailing salaries or wages or
compliance with labor standards, in the undertaking or carrying out
of an urban renewal project, and to include in any contract let in
connection with such a report, provisions to fulfill such of said
conditions as it may deem reasonable and appropriate;
3. With the permission of the owner or occupant, to enter into
any building or property in any urban renewal area within its area of
operation in order to make inspections, surveys, appraisals,
soundings or test borings; provided if permission be denied, to so
enter for such purpose, upon reasonable notice and at reasonable
times, with the least possible inconvenience to the persons in
possession, and to obtain an order for this purpose from a court of
competent jurisdiction in the event entry is denied or resisted; to
acquire by purchase, lease, option, gift, grant, bequest, devise,
eminent domain or otherwise, any real property, or personal property
for its purposes, together with any improvements thereon; to hold,
improve, clear or prepare for redevelopment any such property; to
mortgage, pledge, hypothecate or otherwise encumber or dispose of any
real property; to insure or provide for the insurance of any real or
personal property or operations of the Authority or the municipality
against any risk or hazards, including the power to pay premiums on
any such insurance; and to enter into any contracts necessary to
effectuate the purposes of this article; provided, however, that no
statutory provisions with respect to the acquisition, clearance or
disposition of property by public bodies shall restrict the Authority
or municipality or other public body exercising powers hereunder, in
the exercise of such functions with respect to an urban renewal
project, unless the Legislature shall specifically so state;
4. To invest any urban renewal project funds held in reserves or
sinking funds or any such funds not required for immediate
disbursement, in property or securities in which savings banks,
building and loan associations or savings and loan associations may
legally invest funds; to redeem such notes as have been issued
pursuant to Section 38-115 of this title at the redemption price
established therein or to purchase such notes at less than redemption
price, all such notes so redeemed or purchased to be cancelled;
5. To borrow money and to apply for and accept advances, loans,
grants, contributions and any other form of financial assistance from
the federal government, the state, county or other public body, or
from any sources, public or private, for the purposes of this
article, and to give such security as may be required and to enter
into and carry out contracts in connection therewith. An Authority
may include in any contract for financial assistance with the federal
government for an urban renewal project such conditions imposed
pursuant to federal laws as the Authority may deem reasonable and
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appropriate and which are not inconsistent with the purposes of this
article;
6. To make or have made, within its area of operation, surveys
and plans necessary to the carrying out of urban renewal plans or
projects, and to contract with any person, public or private, in
making and carrying out such plans. Such plans may include: (a)
urban renewal plans; (b) preliminary plans outlining urban renewal
activities for neighborhoods to embrace two or more urban renewal
areas; (c) plans for carrying out a program of voluntary or
compulsory repair and rehabilitation of buildings and improvements;
(d) plans for the enforcement of state and local laws, codes and
regulations relating to the use and occupancy of buildings and
improvements and to the compulsory repair, rehabilitation,
demolition, or removal of buildings and improvements; or (e)
appraisals, title searches, surveys, studies, and other plans and
work necessary to prepare for the undertaking of urban renewal
projects;
7. To develop, test, and report methods and techniques, and
carry out demonstrations and other activities, for the prevention and
the elimination of blight and to apply for, accept and utilize grants
of funds from the Federal Government or any other source for such
purposes;
8. To prepare plans for the relocation of persons, families,
business concerns and others displaced by an urban renewal project,
and to make relocation payments to or with respect to such persons
for moving expenses and losses of property for which reimbursement or
compensation is not otherwise made, including the making of such
payment financed by the Federal Government but not limited thereby;
9. To make such expenditures as may be necessary to carry out
the purposes of this article;
10. To organize, coordinate and direct the administration of the
provisions of this article as they apply to the municipality in order
that the objective of remedying blighted areas and preventing the
causes thereof within its area of operation may be most effectively
promoted and achieved, and to establish such office or offices
necessary to carry out such purposes most effectively; or
11. To exercise all or any part or combination of powers herein
granted, provided that the records covering all transactions shall be
open to public scrutiny and may be inspected by any person affected
thereby during regular office hours and upon reasonable notice.
B. The duties, powers or authority of the Urban Renewal
Authority shall not include:
1. The power to determine an area to be a blighted area and to
designate such area as appropriate for an urban renewal project;
2. The power to prepare, establish, or amend a general plan for
the locality as a whole;
3. The power to formulate a workable program;
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4. The power to make the determinations and findings provided
for in Section 38-105 and subsection E of Section 38-106 of this
title;
5. The power to issue general obligation bonds;
6. The power to appropriate funds of the municipality, to levy
taxes and assessments;
7. The power to zone or rezone; or
8. The power to make exceptions to zoning ordinances or building
regulations of the municipality.
Laws 1977, c. 256, § 38-108, eff. July 1, 1978.
§11-38-109. Powers of municipalities or other public bodies.
A. For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project, a municipality or any other
public body may:
1. Cause public buildings and public facilities to be furnished,
including parks, playgrounds, recreational, community, educational,
water, sewer, or drainage facilities, or any other works which it is
otherwise empowered to undertake; furnish, dedicate, close, vacate,
pave, install, grade, regrade, plan or replan streets, roads,
sidewalks, ways or other places; or make exceptions from building
regulations; and cause administrative and other services to be
furnished;
2. Accept by gift or otherwise acquire, with or without
consideration, title to real property in an urban renewal project
area, hold such real property and enter into lease-purchase or other
agreements respecting the operation, use, or disposal of such land,
with a duly organized urban redevelopment corporation or Urban
Renewal Authority. Such lease-purchase or other agreements shall
contain such terms and conditions as may be deemed necessary and
convenient to the execution of an urban renewal plan; or
3. Appropriate funds for urban renewal purposes.
B. If at any time title to or possession of any real property in
an urban renewal project is held by any municipality or public body
or governmental agency which is authorized by law to engage in the
undertakings, carrying out, or administration of urban renewal
projects (including any agency or instrumentality of the United
States of America), the provisions of the agreements referred to in
this section shall inure to the benefit thereof and may be enforced
by such public body or governmental agency.
C. Any sale, conveyance, lease or lease-purchase agreement or
agreement provided pursuant to this section may be made by a public
body to any other public body without appraisal, public notice,
advertisement or public bidding.
D. For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project hereunder, a municipality or
an Urban Renewal Authority or any other public agency, board or body
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may (in addition to its other powers and upon such terms, with or
without consideration, as it may determine) do and perform any or all
of the actions or things which such public agencies or public bodies
are authorized to do or perform, including the furnishing of
financial and other assistance.
E. For the purposes of this section, or for the purposes of
aiding in the planning, undertaking or carrying out of an urban
renewal project, such municipality may issue and sell its general
obligation bonds. Any bonds issued by a municipality pursuant to
this section shall be issued in the manner and within the limitations
prescribed by laws of this state for the issuance and authorization
of bonds by such municipality for public purposes generally.
Laws 1977, c. 256, § 38-109, eff. July 1, 1978.
§11-38-110. Powers of redevelopment corporations or other private
persons or corporations.
For the purpose of aiding in the planning, undertaking or
carrying out of an urban renewal project, an urban redevelopment
corporation or any other private person or corporation may, upon such
terms and with or without consideration, as may be determined:
1. Dedicate, sell, convey, or lease any of its interest in any
property or grant easements, licenses or other rights or privileges
therein to an Urban Renewal Authority, or to a municipality or any
other public body or governmental agency or to any private person or
corporation;
2. Incur the entire expense, or any portion thereof, of any
public improvements necessary to the execution of an urban renewal
plan;
3. Do any and all things necessary to aid or cooperate in the
planning or carrying out of an urban renewal plan;
4. Lend, grant or contribute funds to an Urban Renewal
Authority; or
5. Enter into agreements, including lease-purchase agreements,
(which may extend over any period, notwithstanding any provision or
rule of law to the contrary) with any municipality, public body or
governmental agency including an Urban Renewal Authority, respecting
action to be taken pursuant to any of the powers granted by this
article, including the furnishing of funds, or other assistance in
connection with an urban renewal project.
Laws 1977, c. 256, § 38-110, eff. July 1, 1978.
§11-38-111. Condemnation powers.
A. After the adoption by the municipal governing body of an
urban renewal plan and a resolution declaring that the acquisition of
real property described in the plan is necessary to the execution of
the plan, the Urban Renewal Authority designated as the agency to
execute such plan shall have the right to acquire by condemnation or
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otherwise, any interest or right or combination of rights in real
property, including a fee simple title thereto, necessary to the
execution of the approved plan. Condemnation for the urban renewal
of blighted areas is declared to be a public use, and property
already devoted to any other public use or acquired by the owner or
his predecessor in interest by eminent domain may be condemned for
the purpose of this article. The award of compensation for real
property taken for such a project shall not be increased by reason of
any increase in the value of the real property caused by the
assembling, clearance, reconstruction, or proposed assembly,
clearance or reconstruction in the project area. No increment of
value shall accrue to such property as the result of any illegal or
unlawful use thereof. No allowance shall be made for the
improvements begun on real property after notice to the owner of such
property or the institution of proceedings to condemn such property.
Evidence shall be admissible bearing upon the insanitary, unsafe, or
substandard condition of the premises, or the lawful use thereof.
B. Except as otherwise provided by subsection C of this section,
the Urban Renewal Authority shall have the right to acquire by
condemnation any interest in real property, including a fee simple
title thereto, which it may deem necessary for or in connection with
an urban renewal project under this article.
C. If an Urban Renewal Authority intends to acquire unimproved
real property pursuant to the power of condemnation authorized by
this article, the Urban Renewal Authority shall specifically identify
the parcels or tracts of real property which it intends to acquire
through condemnation to the governing body of the municipality. The
governing body of the municipality shall consider the proposed
acquisition of the unimproved real property during an open meeting
and shall be required to approve the proposed acquisition by a
majority vote of those persons constituting the governing body of the
municipality. No Urban Renewal Authority shall acquire unimproved
real property by condemnation unless the acquisition has been
specifically approved by the governing body of the municipality as
required by this subsection. An acquisition by an Urban Renewal
Authority of unimproved real property made without the approval of
the municipal governing body shall be void and notwithstanding the
completion of other proceedings an action may be maintained by a
person with a legal or equitable interest in the subject real
property to recover title to the real property or possession of the
real property or both title and possession of the real property.
D. The procedure prescribed for railroad companies in Sections
51 et seq., of Title 66 of the Oklahoma Statutes, shall be followed
in acquiring property by eminent domain. Property already devoted to
public use may be acquired in like manner; provided, that no real
property belonging to the state or any political subdivision thereof
may be acquired without its consent.
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E. In the event any Urban Renewal Authority in exercising any of
the powers conferred by this article makes necessary the relocation,
raising, rerouting or changing the grade of or altering the
construction of any railroad, common carrier or public utility
property or facility, all such relocation, raising, rerouting,
changing of grade or alteration of construction shall be accomplished
at the expense of the Urban Renewal Authority, provided that the
Urban Renewal Authority shall not disturb the possession or operation
of any railroad, common carrier, or public utility in or to the
appropriated property or facility until the relocated property or
facilities are available for use and until marketable title thereto
has been transferred to the railroad, common carrier or public
utility.
F. In any proceeding to fix or assess compensation for damages
for the taking (or damaging) of property, or any interest therein,
through the exercise of the power of eminent domain or condemnation,
evidence or testimony bearing upon the following matters shall be
admissible and shall be considered in fixing such compensation or
damages, in addition to evidence or testimony otherwise admissible:
1. Any use, condition, occupancy, or operation of such property,
which is unlawful or violative of, or subject to elimination,
abatement, prohibition, or correction under, any law or any ordinance
or regulatory measure of the state, county, municipality, other
political subdivision, or any agency thereof, in which such property
is located, as being unsafe, substandard, insanitary or otherwise
contrary to the public health, safety, or welfare; and
2. The effect on the value of such property, or any such use,
condition, occupancy, or operation, or of the elimination, abatement,
prohibition, or correction of any such use, condition, occupancy, or
operation.
G. The foregoing testimony and evidence shall be admissible
notwithstanding that no action has been taken by any public body or
public officer toward the occupancy or operation. Testimony or
evidence that any public officer charged with the duty or authority
to do so has rendered, made or issued any judgment, decree,
determination or order for the abatement, prohibition, elimination or
correction of any such use, condition, occupancy, or operation shall
be admissible and shall be prima facie evidence of the existence and
character of such use, condition or operation.
H. In any condemnation proceedings in which a jury trial is had,
if the verdict of the jury exceeds the award of the court appointed
commissioners, the court may award a reasonable attorney fee to the
defendant or defendants, which shall be paid by the condemner.
Added by Laws 1977, c. 256, § 38-111, eff. July 1, 1978. Amended by
Laws 1996, c. 36, § 1, eff. Nov. 1, 1996.
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§11-38-112. Exemption of property from judicial process and
taxation.
A. All property of an Urban Renewal Authority, including funds,
owned or held by it for the purposes of this article shall be exempt
from levy and sale by virtue of an execution, and no execution or
other judicial process shall issue against the same nor shall
judgment against an Urban Renewal Authority be a charge or lien upon
such property; provided, however, that the provisions of this section
shall not apply to or limit the right of obligees to pursue any
remedies for the enforcement of any pledge or lien given pursuant to
this article by an Urban Renewal Authority on its rents, fees, grants
or revenues from urban renewal projects.
B. The exercise of powers granted by this article will be in all
respects for the benefit of the people of this state, and its
political subdivisions, and the municipalities of this state, for the
improvement of the public health, safety, morals and general welfare
of the people. The activities of an Urban Renewal Authority pursuant
to this article constitute an essential governmental function and the
property or funds of an Urban Renewal Authority, acquired or held for
the purposes of this article, are declared to be public property used
for essential public and governmental purposes and such property
shall be exempt from all taxes of the state, the county, the
municipality or any other political subdivision thereof; provided,
that such tax exemption shall terminate when the Urban Renewal
Authority sells such property in an urban renewal area to a purchaser
who is not a public body entitled to tax exemption with respect to
such property; or if such property is leased by the Urban Renewal
Authority, then the improvements placed thereon shall not be entitled
to such tax exemption. Provided, further, that the Urban Renewal
Authority is limited in its authority to acquire property to the
acquisition which is necessary in the carrying out of an urban
renewal plan.
Laws 1977, c. 256, § 38-112, eff. July 1, 1978.
§11-38-113. Acquisition of property other than by means of eminent
domain - Payment of taxes - Excess property.
Whenever the municipal governing body shall have determined by
resolution that an area within the municipality is appropriate for an
urban renewal project, then, regardless of whether or not an urban
renewal plan for such area has been approved under the provisions of
this article, the municipality or the Urban Renewal Authority within
the municipality may acquire real property at any time within such
area by means other than the exercise of the power of eminent domain.
In order to qualify for financial assistance from the Federal
Government in making such acquisition, and regardless of any other
provisions of the laws of the State of Oklahoma, the municipal
governing body may assume the responsibility to the Federal
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Government to bear any loss that may arise as a result of such
acquisition in the event the property so acquired is not used for
urban renewal purposes because an urban renewal plan for the project
area is not approved, or is amended to omit any of the acquired
property, or is abandoned for any reason. It is further provided
that in the event of an advance acquisition of any improved property
as herein provided the Urban Renewal Authority or governing body, as
the case may be, acquiring the property shall be responsible for and
pay any accruing ad valorem taxes becoming due or owing until such
time as the property is incorporated in an approved urban renewal
plan or converted to another public use. Any property so acquired
shall be subject to all other provisions of this article the same as
property otherwise acquired, except that in the event the property so
acquired is not used for urban renewal purposes because an urban
renewal plan for the project area is not approved, or is amended to
omit any of the acquired property, or is abandoned for any reason,
the property may be disposed of under such reasonable competitive
bidding procedures as the municipal governing body shall prescribe,
or such property may be converted to any other public use.
Laws 1977, c. 256, § 38-113, eff. July 1, 1978.
§11-38-114. Sale or lease of real property - Obligations of
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
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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
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
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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 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.
Added by Laws 1977, c. 256, § 38-114, eff. July 1, 1978. Amended by
Laws 1998, c. 333, § 1, emerg. eff. June 3, 1998.
§11-38-115. Notes or bonds.
A. An Urban Renewal Authority shall have the power to issue
notes or bonds, including revenue bonds, from time to time at its
discretion to finance the undertaking of any urban renewal project
under this article, including, without limiting the generality
thereof, the payment of principal and interest upon any advances for
surveys and plans, and shall also have power to issue refunding notes
or bonds for the payment or retirement of such notes or bonds
previously issued by it. Such notes or bonds shall be made payable,
as to both principal and interest, solely from:
1. The income, proceeds, revenues, and funds of the Urban
Renewal Authority derived from or held in connection with its
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undertaking and carrying out urban renewal projects under this
article;
2. Any private source, contribution or other financial
assistance;
3. Contributions or other financial assistance from the state or
federal government;
4. Any other monies derived from gifts, grants, the sale of
properties or any other legally available source;
5. The proceeds from any additional borrowings;
6. Taxes on incremental property values allocated to a special
fund of the city and appropriated by the city to the Urban Renewal
Authority, under the provisions of Sections 3 through 6 of this act;
or
7. Any combination of these methods.
Provided, however, that payment of such notes or bonds, both as
to principal and interest, may be further secured by a pledge of any
loan, grant or contribution from the federal government or any other
source, in aid of any urban renewal projects of the Urban Renewal
Authority under this article, and by a mortgage of any such urban
renewal projects, or any part thereof, title to which is in the Urban
Renewal Authority.
B. Notes or bonds issued under this section shall not constitute
an indebtedness of the state or any municipality.
C. Notes or bonds issued under the provisions of this article
are declared to be issued for an essential public and governmental
purpose, and together with interest thereon and income therefrom
shall be exempted from all taxes.
D. Notes or bonds issued under this section shall be authorized
by resolution of the Urban Renewal Authority and may be issued in one
or more series and shall bear such date or dates, be payable upon
demand or mature at such time or times, bear interest at such rate
determined feasible by the Urban Renewal Authority, be in such
denomination or denominations, be in such form, carry such conversion
or registration privileges, have such rank or priority, be executed
in such manner, be payable in such medium of payment, at such place
or places and be subject to such terms of redemption, with or without
premium, be secured in such manner, and have such other
characteristics, as may be provided by such resolution or trust
indenture or mortgage issued pursuant thereto.
E. Such notes or bonds must be sold to the lowest and best
bidder at public sale held after notice published prior to such sale
in a newspaper having general circulation in the area of operation
and in such other medium of publication as the Authority may
determine. Provided, that such notes may be sold to the federal
government at private sale at not less than par, and, in the event
less than all of the authorized principal amount of such notes or
bonds is sold to the federal government, the balance may be sold at
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private sales at not less than par at an interest cost of not to
exceed the interest cost of the portion of the notes sold to the
federal government.
F. In case any of the public officials of the Authority or any
other public body whose signature appears on any notes or bonds
issued under this article shall cease to be such officials before the
delivery of the notes or bonds, the signatures shall, nevertheless,
be valid and sufficient for all purposes, the same as if such
officials had remained in office until such delivery. Any provision
of any law to the contrary notwithstanding any notes or bonds issued
pursuant to this article shall be fully negotiable.
G. In any suit, action or proceeding involving the validity or
enforceability of any notes or bonds, issued under this article or
the security therefor, any such note reciting in substance that it
has been issued by the Urban Renewal Authority in connection with an
urban renewal project, as defined in this article, shall be
conclusively deemed to have been issued for such purpose and such
project shall be conclusively deemed to have been planned, located
and carried out in accordance with the provisions of this article.
Amended by Laws 1983, c. 310, § 2, eff. Nov. 1, 1983.
§11-38-116. Notes or other obligations as legal investments.
All banks, trust companies, bankers, savings banks and
institutions, building and loan associations, savings and loan
associations, investment companies and other persons carrying on a
banking or investment business; all insurance companies, insurance
associations, and other persons carrying on an insurance business;
and all executors, administrators, curators, trustees, and other
fiduciaries, may legally invest in sinking funds, moneys, or other
funds belonging to them or within their control in any notes or other
obligations issued by a municipality or an Urban Renewal Authority
pursuant to this article and vested with urban renewal project powers
under this article; Provided, that such notes, bonds or other
obligations may be secured by an agreement between the issuer and the
Federal Government in which the issuer agrees to borrow from the
Federal Government and the Federal Government agrees to lend to the
issuer, prior to the maturity of such notes, bonds or other
obligations, moneys in an amount which (together with any other
moneys irrevocably committed to the payment of interest on such
notes, bonds or other obligations) will suffice to pay the principal
of such notes, bonds or other obligations with interest to maturity
thereon, which moneys under the terms of said agreements are required
to be used for the purpose of paying the principal and interest of
such notes, bonds or other obligations at their maturity. Such
notes, bonds and other obligations shall be authorized security for
all public deposits. It is the purpose of this section to authorize
any persons, political subdivision and officers, public or private,
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to use any funds owned or controlled by them for the purchase of any
such notes, bonds or other obligations. Nothing contained in this
section with regard to legal investments shall be construed as
relieving any person of any duty of exercising reasonable care in
selecting securities.
Laws 1977, c. 256, § 38-116, eff. July 1, 1978.
§11-38-117. Organization of urban redevelopment corporations -
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 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
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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
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
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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.
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.
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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
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,
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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.
Laws 1977, c. 256, § 38-117, eff. July 1, 1978.
§11-38-118. Personal interest of public officials or employees in
project or property.
No public official or employee of a municipality (or Board or
Commission thereof), and no Commissioner or employee of an Urban
Renewal Authority which has been vested by a municipality with urban
renewal project powers under this article, shall voluntarily acquire
any personal interest, direct or indirect, in any urban renewal
project, or in any property that is to be acquired or developed with
public finance assistance and that is included or planned to be
included in any urban renewal project of such municipality or in any
contract or proposed contract in connection with such urban renewal
project. Where such acquisition is not voluntary, the interest
acquired shall be immediately disclosed in writing to the municipal
governing body. If such official, Commissioner or employee presently
owns or controls, or owned or controlled within the preceding two (2)
years, any interest, direct or indirect, in any property which he
knows is included or planned to be included in an urban renewal
project, he shall immediately disclose this fact in writing to the
municipal governing body, and any such officials, Commissioner or
employee shall not participate in any action by the municipality (or
Board or Commission thereof), or Urban Renewal Authority affecting
such property. This section shall not preclude acquisition of a
residence, acquisition of any property after issuance of a
certificate of completion, or agreement to redevelop in accordance
with the objectives of such urban renewal project, provided such
official, Commissioner, or employee discloses any actual or
prospective interest and does not participate in any official action
approving such agreement. The disclosure required to be made by this
section to the municipal governing body shall concurrently be made to
the Urban Renewal Authority which has been vested with urban renewal
project powers by the municipality pursuant to the provisions of this
article. No Commissioner or other officer of any Urban Renewal
Authority, Board or Commission exercising the powers pursuant to this
D$,$$)"!!"$ '3 " :$&
article shall hold any other public office under the municipality
other than his commissionership or office with respect to such Urban
Renewal Authority.
Added by Laws 1977, c. 256, § 38-118, eff. July 1, 1978. Amended by
Laws 2005, c. 210, § 1, emerg. eff. May 23, 2005; Laws 2008, c. 367,
§ 7, eff. Nov. 1, 2008.
§11-38-119. Law governing.
Insofar as the provisions of this article are inconsistent with
the provisions of any other law, the provisions of this article shall
be controlling. The powers conferred by this article shall be in
addition and supplemental to the power conferred by any other law.
Laws 1977, c. 256, § 38-119, eff. July 1, 1978.
§11-38-120. Designation of tax increment allocation district.
A. At the time of adoption of an urban renewal plan pursuant to
this act, or subsequent thereto, the municipal governing body may
designate the urban renewal area to be a tax increment allocation
district by either resolution or ordinance.
B. Before a municipality may designate a tax increment
allocation district, the municipal governing body shall hold a public
hearing thereon, after public notice thereof by publication at least
one time not less than fifteen (15) days prior to the date of such
public hearing, in a newspaper having general circulation in the area
of operation of the municipality, and by posting not less than five
public notice signs, each having at least nine (9) square feet of
display area, for a period of fifteen (15) successive days including
the day of the public hearing for which notice is being given, in the
area to be included in the proposed tax increment allocation
district. Public notice may be combined with public notice of a
hearing on an urban renewal plan or an amendment thereto.
C. Following such hearing, the municipal governing body may
designate an urban renewal area to be a tax increment allocation
district if it finds that the designation of such district is
necessary or desirable in achieving the objectives of one or more
urban renewal or urban redevelopment projects.
Added by Laws 1983, c. 310, § 3, eff. Nov. 1, 1983.
§11-38-121. Costs of urban renewal or redevelopment projects and
repayment of interest and principal interest on bonds.
Notwithstanding any other statutory provision, it is hereby
stated that the costs of undertaking and carrying out urban renewal
or urban redevelopment projects and the repayment of interest and
principal on bonds issued under this act are valid and lawful objects
to which any revenue derived from ad valorem taxes levied under
subsection (a) of Section 9 of Article X of the Oklahoma Constitution
and not apportioned for the use of school districts under subsection
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(a) of Section 9 of Article X of the Oklahoma Constitution or Section
2495 of Title 68 of the Oklahoma Statutes, may be applied.
Added by Laws 1983, c. 310, § 4, eff. Nov. 1, 1983.
§11-38-122. Certain documents to be transmitted to county clerk,
assessor and treasurer - Valuation of real property.
A. After the designation by the municipal governing body of a
tax increment allocation district, the city clerk shall transmit a
copy of the description of the district, a copy of the resolution or
ordinance designating the district and a map or plat indicating the
boundaries of the district to the clerk, assessor and treasurer of
the county in which the tax increment allocation district is located.
These documents shall be transmitted as promptly as practicable
following the designation of the district, but in any event on or
before January 1 of the next year following the designation of the
district.
B. As soon as possible after the documents referred to in
subsection A of this section have been received by the county
assessor's office, the county assessor shall assess the value of all
real property located in the tax increment allocation district. This
assessed valuation, hereinafter referred to as the "base year net
assessed valuation", shall be certified to the county clerk and the
city clerk on or before July 1 of the next year following the
designation of any tax increment allocation district.
Added by Laws 1983, c. 310, § 5, eff. Nov. 1, 1983.
§11-38-123. Apportionment of mileage.
For every year in which tax increment allocations are used by a
city or an Urban Renewal Authority, the county excise board shall
apportion to the city in which such tax increment allocation district
is located, a part of the millage authorized by subsection (a) of
Section 9 of Article X of the Oklahoma Constitution. The procedure
for apportioning such millage shall be as follows:
1. Upon notice of such use by the city, the county assessor
shall reassess the amount of increase from the base year net assessed
valuation of real property within a tax increment allocation district
and shall certify such amount to the county clerk and the county
excise board before July 1 of each year. Such amount, to the extent
not already included, shall be added to the net assessed valuation of
the tax increment allocation district and the total shall be referred
to as the current year net assessed valuation;
2. The county excise board shall then determine the amount to be
apportioned. The procedure for determining such amount shall be as
follows:
a. compute the revenue derived from the tax
increment allocation district's base year net assessed valuation by
multiplying the total millage levied during the prior year against
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the base year net assessed valuation of the tax increment allocation
district,
b. compute the revenue derived from the tax
increment allocation district's current year net assessed valuation
by multiplying the total millage levied during the prior year against
the current year net assessed valuation of the tax increment
allocation district,
c. compute the incremental tax revenue of the tax
increment allocation district subtracting the revenue derived from
the base year net assessed valuation from the revenue derived from
the current year net assessed valuation, and
d. divide the incremental tax revenue by the current
year net assessed valuation of the city in which the tax increment
allocation district is located.
The result represents the amount of millage to be apportioned by the
county excise board to the city in which the tax increment allocation
district is located;
3. The county excise board shall then apportion such amount to
the city, for use for urban renewal and urban redevelopment purposes,
in accordance with Section 2495 of Title 68 of the Oklahoma Statutes,
provided that in no event shall the apportionment authorized by this
section exceed one-half (1/2) mill; and
4. Such allocations with respect to a tax increment allocation
district shall terminate upon the expiration of thirty (30) years or
such earlier date as may be determined by the municipality.
Added by Laws 1983, c. 310, § 6, eff. Nov. 1, 1983.
§11-39-101. Citation.
This act may be cited as the Improvement District Act.
Added by Laws 1978, c. 233, § 1, emerg. eff. April 25, 1978.
§11-39-102. Definitions.
As used in the Improvement District Act, the singular includes
the plural and:
1. “Acquired” means the acquisition of property or interests in
property by purchase, gift, condemnation or other lawful means;
2. “City” means any city or town incorporated pursuant to the
laws of Oklahoma;
3. “Engineer” means a city engineer, city official, employee or
other person competent to advise and assist the governing body in
planning and making an improvement;
4. “Cost” means any cost necessarily or reasonably incurred in
making the improvement, including but not limited to cost of:
a. preparation of preliminary reports,
b. preparation of plans and specifications,
c. preparation and publication of notices of hearings,
resolutions, ordinances and other proceedings,
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d. fees and expenses for engineers, attorneys, laborers
and other personal services,
e. rights-of-way, materials and other lawful expenses
incurred in making any improvement, and
f. capitalized interest, funding of reserves, premiums for
reserve surety bonds, and obtaining bond insurance,
letters of credit or other credit enhancements or
liquidity instruments;
5. “District” means an area designated by the governing body to
be benefited by an improvement and subjected to payment of special
assessments for all or a portion of the cost of the improvement;
6. “Governing body” means the city council, city commission or
board of trustees of an incorporated city or town;
7. “Improve” means to construct, reconstruct, maintain, restore,
replace, renew, repair, install, equip, extend, purchase, alter or
otherwise perform any work which provides a new facility, or
enhances, extends or restores the value or usefulness of an existing
facility;
8. “Improvement” means any type of improvement made by authority
of this Improvement District Act and includes reimprovement of any
prior improvement made pursuant to any other act;
9. “Mail” means by first-class mail;
10. “Trustee” means a city acting pursuant to this act;
11. “Street” means any highway, street, alley, boulevard,
avenue, right-of-way, public ground, or other public facility, or any
part thereof; and
12. “Publish” or “publication” means printing in a newspaper
which maintains an office in the city or town and is of general
circulation within the city or town, or, if there is no newspaper
which maintains an office in the city or town, a newspaper of general
circulation within the city or town and in two (2) separate issues
thereof, at least seven (7) days apart.
Laws 1978, c. 233, § 2, emerg. eff. April 25, 1978. Amended by Laws
2007, c. 362, § 4, eff. Nov. 1, 2007.
§11-39-103. Creation of improvement districts - Purpose - Contents.
The governing body of any city may create one or more districts
for the purpose of making or causing to be made any improvement or
combination of improvements that confer special benefit upon property
within the district. Such improvement or combination of improvements
may include the following, without limitation because of enumeration:
1. Acquisition of property or interest in property when
necessary for any of the purposes authorized by the Improvement
District Act;
2. Opening, creating, widening and extending or altering of
streets to improve paving, and surfacing, constructing and
reconstructing gutters, curbs, sidewalks, crosswalks, driveway
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entrances and structures, drainage facilities, and service
connections from sewers, water, gas, electricity and other utility
mains, conduits or pipes;
3. Constructing or improving main and lateral storm water drains
and sanitary sewer systems and facilities;
4. Installation or improvement of street lights and street
lighting systems;
5. Construction or improvement of water mains and waterworks
systems;
6. Improvement of parks, playgrounds and recreational
facilities;
7. Improvement of any street, parking or other facility by
landscaping, or planting of trees, shrubs and other plants;
8. Constructing or improving dikes, levees and other flood
control works, gates, lift stations, bridges and streets appurtenant
thereto;
9. Constructing or improving vehicle and pedestrian bridges,
overpasses and tunnels;
10. Constructing or improving retaining walls and area walls on
public ways or land abutting thereon;
11. Constructing or improving property for off-street parking
facilities, including construction and equipment of buildings
thereon;
12. Constructing or improving pedestrian malls; or
13. Constructing or improving offsite facilities or
infrastructure serving all or a portion of land within a district;
notwithstanding that, such facilities or infrastructure may also
serve areas outside a district, but subject to cost apportionment
requirements of subsection A of Section 39-110 of this title.
Added by Laws 1978, c. 233, § 3, emerg. eff. April 25, 1978. Amended
by Laws 2007, c. 362, § 5, eff. Nov. 1, 2007.
§11-39-103.1. Additional improvement districts - Assessments -
Objections - Termination.
A. In addition to those purposes set out in Section 39-103 of
this title, the governing body of any municipality having a
population of more than one thousand five hundred (1,500) may create
one or more districts and levy assessments for the purpose of
providing or causing to be provided any maintenance, cleaning,
security, shuttle service, upkeep, marketing, management or other
services which confer special benefits upon property within the
district by preserving, enhancing or extending the value or
usefulness of any improvement described in Section 39-103 of this
title, whether or not the improvement was financed or constructed
pursuant to this act and such governing body may exclude or modify
such assessments according to benefits received on properties which
are exempt from ad valorem taxation, except those assessments
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provided for by Section 39-103 of this title. Without limiting or
expanding the preceding sentence or any other provision of this act,
such a district may be comprised of a designated geographical area
within the municipality and limited to only those properties within
such geographical area on which a hotel or motel having 50 or more
rooms available for occupancy is located, if the sole purpose of the
district is to provide marketing services for private or public
events reasonably calculated to increase occupancy and room rates for
such properties as a class. Such districts may also be used to fund
maintenance, management, marketing and other services being provided
through an active Main Street Program recognized as such by the
Oklahoma Department of Commerce. In addition, such districts may be
used to fund the acquisition, construction, installation or
maintenance of capital improvements with an estimated useful life of
five (5) years or more, including but not limited to:
1. Parking facilities;
2. Benches, booths, kiosks and pedestrian shelters;
3. Signs;
4. Trash receptacles;
5. Public restrooms;
6. Lighting, heating and air conditioning facilities;
7. Decorations;
8. Parks, fountains and planting areas; and
9. Ramps, sidewalks and plazas;
provided the total cost of such improvement is funded in one year's
assessment.
General street repair and maintenance on any street used by
vehicular traffic shall not be made a part of any assessments
provided for hereunder.
B. For districts created under this section, the engineer's
report may be amended by resolution of the governing body to provide
new or additional services or improvements upon the petition of the
record owners of not less than one-half (1/2) of the area liable for
assessment under the proposal. Petitions seeking to add new or
additional services or improvements to an existing district shall be
filed with the city clerk not less than sixty (60) days prior to the
date of the public hearing on the annual assessment roll.
The petition shall set forth:
1. A general description of the new or additional services or
improvements to be provided;
2. The estimated costs of the services and improvements proposed
to be added;
3. The area of the district to be assessed under the proposal;
and
4. The proposed method of assessment.
C. For districts created under this section, property adjacent
to such district may be annexed into the district upon the petition
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of the record owners of more than sixty percent (60%) of the area
liable to be annexed. Petitions seeking to annex additional property
into an existing assessment district shall be filed with the city
clerk not less than sixty (60) days prior to the hearing on the
annual assessment roll.
The petition shall set forth:
1. The area to be annexed to the district;
2. The nature of the services and/or improvements to be provided
to the area to be annexed;
3. The estimated costs of the services and/or improvements to be
provided to the area to be annexed; and
4. The proposed method of assessment.
D. If the governing body determines that it is desirable to
continue to provide or cause to be provided the improvements and
services, to provide new or additional services, or improvements, or
to annex additional property into an existing assessment district
authorized by this section, the governing body shall annually prepare
and cause to be filed in the office of the municipal clerk a
resolution containing, among other things:
1. The assessment roll;
2. The new or additional services, or improvements proposed to
be provided, if any;
3. A description of the area proposed to be annexed into the
district, if any;
4. The name and address of the last-known owner of each tract or
parcel of land to be assessed, or if the name of the owner is
unknown, state "unknown". The name and address of the owner of each
tract of land shall be obtained from the records of the county
treasurer;
5. A description of each tract or parcel of land to be assessed;
and
6. The amount of the assessment against each tract or parcel of
land.
If after filing the assessment roll, it appears that the amount
of the assessment against any tract or parcel of land shall be
increased, new or additional services, or improvements are to be
provided or additional property is to be annexed into the district,
the governing body shall by resolution set a time and place for the
hearing on the resolution at which an owner may object to the amount
of the assessment, the new or additional services, or improvements to
be provided or the additional property to be annexed.
E. Not more than thirty (30) days nor less than ten (10) days
before the day of the hearing, the municipal clerk, the deputy
municipal clerk or the engineer shall mail the notice of the hearing
on the resolution to the owner of the tract or parcel of land on
which the amount of assessment is increased, new or additional
services or improvements are proposed to be added or proposed to be
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annexed into the district. Proof of the mailing is to be made by
affidavit by the municipal clerk, the deputy municipal clerk or the
engineer, which shall be filed in the office of the municipal clerk.
Failure of the owner to receive any notice shall not invalidate any
of the proceedings authorized in the Improvement District Act.
Notice of the hearing shall also be published. The last publication
shall be at least seven (7) days prior to the day of the hearing.
Such service by publication shall be verified by an affidavit of the
publisher which is to be filed in the office of the municipal clerk.
F. No district created under this section shall continue beyond
the date that final payment of all principal, interest and other
amounts due in connection with bonds issued by that district has been
made, or if no bonds have been issued by the district, beyond the
date that is thirty (30) years after the adoption of the resolution
creating the district, unless re-created as provided in Section 39-
101 et seq. of this title for creation of districts. Provided that,
at any time after its creation, and provided further that, no bonds
or other financial obligations of a district are then outstanding,
the district shall cease to exist if:
1. The governing body by resolution terminates the district; or
2. The owners of a majority in area of the tracts or parcels of
land within the district and a majority of the owners of record of
property within the district petition in writing to terminate the
district.
Such termination shall take effect at the end of the fiscal year
in which the governing body adopts such resolution or determines the
validity of such petition. Nothing herein shall excuse a tract or
parcel of land from its liability for deferred payments or any
assessment.
Added by Laws 1981, c. 139, § 1, emerg. eff. May 5, 1981. Amended by
Laws 1983, c. 154, § 1, emerg. eff. May 26, 1983; Laws 1988, c. 152,
§ 4, eff. Nov. 1, 1988; Laws 1998, c. 30, § 1, eff. Nov. 1, 1998;
Laws 2007, c. 362, § 6, eff. Nov. 1, 2007; Laws 2010, c. 322, § 1,
eff. Nov. 1, 2010; Laws 2016, c. 53, § 1, eff. Nov. 1, 2016.
§11-39-104. Number of streets or areas included - Property assessed
for improvement.
Any district may include one or more streets or areas which need
not be contiguous and may include two (2) or more types of
improvements. Such improvements may be included in one (1)
proceeding and constructed and financed as one improvement. The
district shall include, for the purpose of assessment, all the
property which the governing body determines is benefited by the
improvement or improvements, including property utilized for public,
governmental, burial, or charitable purposes, except property of any
religious organization used primarily for religious purposes, or of
the United States, or any agency, instrumentality or corporation
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thereof, in the absence of consent of Congress. The board of county
commissioners, the governing body of a city, town, school district or
any agency or institution of state government is authorized to pay
the amount assessed against property under its ownership or control.
Added by Laws 1978, c. 233, § 4, emerg. eff. April 25, 1978. Amended
by Laws 2003, c. 454, § 2, emerg. eff. June 6, 2003.
§11-39-105. Assessments against property wholly within, partly
within or wholly without or partly without boundary of city levying
assessment - Contracts for improvements.
A. Whenever the boundary of a city is upon or along any street
which at that point lies wholly within, partly within or partly
without or wholly outside of its boundary, but contiguous to the
boundary of the city, the governing body of such city may include the
street in the district, improve that portion of such street and
assess a part of the cost thereof against the abutting property lying
on both sides of such street. Provided, however, if such street is
wholly or partly within the boundary of another city, the governing
body of such other city shall, by resolution, consent to the
improvement and give its consent to assessment of the benefited
property.
B. If, within thirty (30) days after the adoption of the
ordinance levying the assessment by the city creating the district,
the governing body of the city in which the property is situated does
not, by resolution, consent or ratify the assessments, the governing
body of the city creating the district may:
1. Modify the boundary of the district to exclude the property
from the district;
2. Assume the cost of the improvement assessed against the
property lying beyond the boundary of the city; or
3. Nullify the proceedings, including any contract, relating to
the district. Any failure on the part of the governing body of the
other city to ratify the assessments levied by the city creating the
improvement district shall not affect the validity of the assessments
which have been levied against any property lying within the limits
of the city creating the improvement district.
C. The owner, or his designated agent, of any property lying
outside the boundary of the city creating the district and in the
district, including the county and any affected subdivision outside
the city, shall have the same rights granted to owners of property
lying within the boundary of the city creating the district.
D. Whenever a part of the boundary of two or more cities is upon
or along any street or is along the edge of any street and the
governing bodies of the cities determine the necessity for making an
improvement upon any portion of the street, the governing bodies of
the cities may contract, upon such terms as are to them mutually
agreeable, to make the improvement. The contract shall:
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1. Authorize one of the cities to create the district pursuant
to the Improvement District Act; and
2. Prescribe the apportionment of the costs, if any, among the
cities and the manner and payment of such cost. The payment of such
costs by the cities party to the contract is lawful whether the
improvement is wholly within, partly within and partly without or
wholly outside its limits.
Added by Laws 1978, c. 233, § 5, emerg. eff. April 25, 1978.
§11-39-106. Petitions - Preliminary plans and estimates of cost -
Resolutions.
A. For area within the boundary of a city, a petition shall be
filed with the city clerk. The petition shall state in bold,
capitalized letters at the top of the page that the cost of the
proposed improvements shall be assessed against the property
benefited by the improvements. In addition, the petition shall be in
a format which:
1. Sets forth:
a. the general nature of the improvements to be made,
b. the estimated or probable cost of the proposal,
c. the area of the proposed district to be assessed,
d. the proposed method of assessment, and
e. the proposed apportionment of cost, if any, between the
district and the city at large; and
2. Is signed by:
a. a majority of the resident owners of record of property
liable for assessment under the proposal, or
b. the resident owners of record of more than one-half
(1/2) of the area liable for assessment under the
proposal, or
c. the owners of record of more than one-half (1/2) of the
area liable to be assessed under the proposal.
B. For area outside the boundary of a city, a petition shall be
filed with the city clerk which:
1. Sets forth:
a. the general nature of the improvements to be made,
b. the estimated or probable cost of the proposal,
c. the area of the proposed district to be assessed,
d. the proposed method of assessment,
e. the proposed apportionment of cost, if any, between the
district and the city at large; and
2. Is signed by:
a. a majority of the resident owners of record of property
liable for assessment under the proposal, and
b. the owners of record of more than one-half (1/2) of the
area liable for assessment under the proposal; and
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3. States the area is contiguous to, but not within, the
boundary of the city.
C. Whenever the governing body, either upon its own initiative
or in response to a petition, determines that the creation of the
district is necessary, it may by resolution direct the engineer to
prepare preliminary plans and an estimate of cost for the proposed
district. The resolution shall:
1. Describe in general terms the property to be included in the
district;
2. Require the engineer to prepare:
a. an assessment plat showing the area to be included in
the improvement district, and
b. an addendum to the assessment plat showing the amount
of maximum benefit estimated to be assessed against
each tract or parcel in the district on a front-foot,
zone, area or other equitable basis, which basis shall
be set forth in the resolution; and
3. Require the engineer to prepare preliminary plans for one or
more types of improvement showing:
a. for each type of curb, gutter, sidewalk and street, a
typical section of the contemplated improvement, the
type of material to be used and the approximate
thickness and width of the material,
b. for each type of storm sewer or drain, sanitary sewer
or water line, the type of material and approximate
diameter or diameters of any trunk lines, mains,
laterals or house connections, or
c. for each other type of improvement or other major
component of the foregoing types of improvements, a
general description.
D. The engineer shall include in the total cost estimate for the
district all expenses including but not limited to advertising,
legal, appraising, engineering and printing expenses which the
engineer deems necessary to pay the complete cost of the improvement.
E. The engineer shall submit to the city clerk the:
1. Assessment plat;
2. Preliminary plans of the type of construction; and
3. Estimate of costs for the improvement.
F. After the governing body examines the assessment plat,
preliminary plans and estimates of cost for the district, the
governing body may adopt a resolution which:
1. Proposes that the district be created and the improvement be
constructed; and
2. Instructs the city clerk or engineer to give notice of a
hearing on the proposed district.
Added by Laws 1978, c. 233, § 6, emerg. eff. April 25, 1978. Amended
by Laws 2001, c. 54, § 4, eff. Nov. 1, 2001.
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§11-39-107. Notice of creation of improvement district.
A. The notice as to creating an improvement district shall:
1. Contain the time and place when the governing body shall hold
a hearing on the resolution to create the district;
2. Describe the improvement to be constructed and the general
location thereof; and
3. State that any interested person may ascertain in the office
of the municipal clerk:
a. a description of the property to be assessed, and
b. the maximum amount of benefit estimated to be conferred
on each tract or parcel of land.
B. Not more than thirty (30) days nor less than ten (10) days
before the day of the hearing, the city clerk, his deputy or the
engineer shall mail the notice of the hearing on the proposed
district to the owner of the tract or parcel of land to be assessed
the cost of the improvement at his last-known address. The name and
address of the owner of each tract of land shall be obtained from the
records of the county treasurer. The notice shall contain a
preliminary basis for estimating the assessment. Proof of the
mailing is to be made by affidavit of the city clerk, his deputy, or
the engineer, which shall be filed in the office of the city clerk.
Failure of the owner to receive any notice shall not invalidate any
of the proceedings authorized in the Improvement District Act.
C. Notice of the hearing shall also be published. The last
publication shall be at least seven (7) days prior to the day of the
hearing. Such service by publication shall be verified by an
affidavit of the publisher which is to be filed in the office of the
city clerk.
Added by Laws 1978, c. 233, § 7, emerg. eff. April 25, 1978.
§11-39-108. Hearings on creation of district - Protests and
objections.
A. At the hearing of the governing body on the proposed
resolution creating a district, any interested person or owner of
property to be assessed for the improvement may file a written
protest or objection questioning the:
1. Propriety and advisability of constructing the improvement;
2. Estimated cost of the improvement;
3. Manner of paying for the improvement; and
4. Amount to be assessed against the individual tract or parcel
of land.
B. The governing body may recess the hearing from time to time
so that all protestants may be heard.
C. At the hearing, the governing body may:
1. Correct any mistake or irregularity in any proceeding
relating to the improvement;
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2. Correct an assessment made against any tract or parcel of
land;
3. In case of any invalidity, reassess the cost of the
improvement against an abutting tract or parcel of land;
4. Delete any tract or parcel of land, protested by the owner,
from the district; and
5. Recess the hearing from time to time.
D. Within thirty (30) days after the governing body has
concluded the hearing; determined the advisability of constructing
the improvement and the type and character of the improvement; and
created the improvement district, any person who, during the hearing,
filed a written protest with the governing body protesting the
construction of the improvement may commence an action in district
court to correct or set aside the determination of the governing
body. After the lapse of thirty (30) days succeeding the
determination of the governing body, any action attacking the
validity of the proceedings and the amount of benefit to be derived
from the improvement is perpetually barred. Provided, however, if
the owners of fifty percent (50%) or more in area of the tracts or
parcels within the district or a majority of the owners of record of
property in the assessment area protest, in writing, the creation of
the district, the district shall not be created.
Added by Laws 1978, c. 233, § 8, emerg. eff. April 25, 1978. Amended
by Laws 1985, c. 26, § 1, eff. Nov. 1, 1985; Laws 1999, c. 343, § 3,
eff. Nov. 1, 1999.
§11-39-109. Award of contract - Payment of contractor.
After the governing body creates a district, the governing body
may proceed, either to make the improvement by force accounting, or
call for sealed bids on the proposed improvement, or where the
district comprises land owned by a single party, developer, or other
legal entity that has petitioned for the creation of the district,
contract with that single party, developer or other legal entity to
make the improvement for future dedication or other conveyance to the
city; provided, however, in the case of the districts created
pursuant to Section 39-103.1 of this title and except as otherwise
provided in this section, the governing body may contract for said
services without calling for sealed bids or force accounting. The
notice shall state the manner of payment to the contractor and
whether the contractor will be paid in money, in bonds or in a
proportion of money and bonds for making the improvement. The
governing body may to the extent that funds are available authorize
payments to the contractor during the construction of the improvement
provided that the payments do not exceed the amount of work completed
and that ten percent (10%) of such payments shall be retained by the
city pending final acceptance by the city of the improvement. The
term "improvement" as used in this section and Sections 101 through
D$,$$)"!!"$ '3 " :$&(
136 of Title 61 of the Oklahoma Statutes shall not include any
services or maintenance authorized and provided pursuant to Section
39-103.1 of this title.
Added by Laws 1978, c. 233, § 9, emerg. eff. April 25, 1978. Amended
by Amended by Laws 1983, c. 170, § 22, eff. July 1, 1983; Laws 1986,
c. 284, § 15, operative July 1, 1986; Laws 2007, c. 362, § 7, eff.
Nov. 1, 2007.
§11-39-110. Apportionment of cost - Funding sources - Limitation of
assessment - Assessment roll - Hearings on assessments.
A. Following a hearing held pursuant to Section 39-108 of this
title, the governing body shall determine the maximum portion of the
total estimated cost of the improvement that shall be assessed
against benefited tracts or parcels of land or, if a contract for
construction or acquisition of improvements has already been awarded,
the portion of the total actual cost of the improvement to be
assessed against such tracts or parcels. The maximum annual
assessment may include the estimated costs of the administration and
collection of assessments and the administration of associated bonds
or other related funds. The governing body may use funds from any
source, public or private, to pay for all or a portion of the
assessment or the cost of the improvement. The assessment, including
the cost of the improvement at an intersection, shall not exceed the
estimated benefit to the tract or parcel of land assessed. Provided,
however, the cost per front foot to be assessed against the
benefiting property for paving a street, for paving alone, shall not
exceed the cost per front foot assessed for paving a street that does
not exceed thirty-six (36) feet in width.
B. With the assistance of the engineer, the governing body shall
prepare and cause to be filed in the office of the city clerk an
assessment roll containing, among other things:
1. The name and address of the last-known owner of each tract or
parcel of land to be assessed, or if the name of the owner is
unknown, state "unknown". The name and address of the owner of each
tract of land shall be obtained from the records of the county
treasurer;
2. A description of the tract or parcel of land to be assessed;
and
3. The amount of the assessment against each tract or parcel of
land.
C. After the filing of the assessment roll, the governing body
shall, by resolution, set a time and place for the assessment hearing
when an owner may object to the amount of the assessment.
D. Not more than thirty (30) days nor less than ten (10) days
before the day of the hearing, the city clerk, the city clerk’s
deputy or the engineer shall mail the notice of the hearing on the
assessment roll to the owner of the tract or parcel of land being
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assessed the cost of the improvement. Proof of the mailing is to be
made by affidavit of the city clerk, the city clerk’s deputy or the
engineer, which shall be filed in the office of the city clerk.
Failure of the owner to receive any notice shall not invalidate any
of the proceedings authorized in the Improvement District Act.
Notice of the hearing shall also be published. The last publication
shall be at least seven (7) days prior to the day of the hearing.
Such service by publication shall be verified by an affidavit of the
publisher which is to be filed in the office of the city clerk.
E. Any property which shall be owned by the city, town or
county, or any board of education or school district, shall be
treated and considered the same as the property of other owners, and
such city, town, county, school district or board of education within
such district to be assessed may pay the total assessment against its
property without interest within thirty (30) days from the date of
the publication of the ordinance levying the assessment, or, in the
event the same is not paid in full without interest within said
thirty-day period, such city, town, county, school district or board
of education shall annually provide by the levy of taxes a sufficient
sum to pay the maturing installments of assessments and interest
thereon.
Laws 1978, c. 233, § 10, emerg. eff. April 25, 1978; Laws 2007, c.
362, § 8, eff. Nov. 1, 2007.
§11-39-111. Filing of objections to assessment - Waiver of objection
- Hearings - Levy of assessment - Ordinance.
A. Not later than three (3) days before the date of the hearing
on the assessment roll, any owner of a tract or parcel of land which
is listed on the assessment roll may file his specific objections to
the amount of the assessment in writing with the city clerk. Unless
presented as required in this subsection, any objection is deemed
waived as to the regularity, validity and correctness of:
1. The proceedings;
2. The assessment roll;
3. Each assessment contained on the assessment roll; or
4. The amount of the assessment levied against each tract or
parcel of land.
B. At the hearing, the governing body shall hear all objections
which have been filed as provided in this section and may recess the
hearing from time to time and, by resolution, revise, correct,
confirm or set aside any assessment and order another assessment be
made de novo.
C. The governing body by ordinance shall by reference to such
assessment roll, or assessment roll as modified, if modified, and as
confirmed by resolution, levy the assessments contained in the
assessment roll. The decision, resolution and ordinance of the
governing body shall be:
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1. A final determination of the regularity, validity and
correctness of the proceedings, the assessment roll, each assessment
contained on the assessment roll, the amount of the assessment levied
against each tract or parcel of land; and
2. Conclusive upon the owners of the tract or parcel of land
assessed.
D. Within fifteen (15) days after the publication or posting of
the ordinance, any owner who has filed an objection as provided in
this section may commence an action in district court to correct or
set aside the determination of the governing body. After the lapse
of fifteen (15) days after the publication or posting of the
ordinance, all actions, which include the defense of confiscation or
attack the regularity, validity and correctness of the proceedings,
the assessment roll, each assessment contained on the assessment
roll, and the amount of the assessment levied against each tract or
parcel of land, are perpetually barred.
Added by Laws 1978, c. 233, § 11, emerg. eff. April 25, 1978.
§11-39-112. Assessments - Rate - Interest - Delinquent payments -
Liens.
A. The governing body may by ordinance:
1. Establish the time and terms of paying the assessment or an
installment on the assessment;
2. Set a rate of interest not exceeding ten percent (10%) per
annum upon deferred payments of the assessment which shall commence
from the date of publication of the ordinance ratifying the
assessment;
3. Set interest rates not exceeding ten percent (10%) per annum
upon the outstanding principal amount of bonds issued by a district
pursuant to Section 39-115 of this title; and
4. Fix penalties to be charged for delinquent payment of an
installment on an assessment.
B. After the publication of the ordinance ratifying an
assessment levied as provided in Section 39-111 of this title, the
assessment with any interest or penalty accruing on such assessment
shall constitute a lien upon the tract or parcel of land so assessed.
Such lien shall be coequal with the lien for ad valorem taxes and the
lien of other improvement districts, and be superior to all other
liens, claims and titles. Unmatured installments are not deemed to
be within the terms of any general covenant or warranty. All
purchasers, mortgagees or encumbrancers of a tract or parcel of land
so assessed shall acquire the tract or parcel of land subject to the
lien so created.
C. Within sixty (60) days after the publication of the ordinance
ratifying an assessment roll, the city clerk shall prepare, sign,
attest with the municipal seal and record in the office of the county
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clerk a claim of lien for any unpaid amount due and assessed against
a tract or parcel of land.
D. Any tract or parcel so assessed shall not be relieved from
the assessment or lien by the sale of the tract or parcel of land for
taxes or any other assessment, subject to the provisions of Section
39-119 of this title. The statute of limitations shall not begin to
run against an assessment until after the last installment of the
assessment becomes due.
E. The fact that an improvement is omitted in front of any tract
or parcel of land does not invalidate a lien or assessment made
against any other tract or parcel of land.
F. A delinquent installment of an assessment shall be foreclosed
and the tract or parcel of land concerned be sold in the manner
provided by law for foreclosure of mortgages on land. If, at the
sale, there is no better bidder for the tract or parcel of land the
municipality shall bid in the tract or parcel of land for the amount
due on the assessment plus any interest, penalties or costs which
have accrued against the assessment. Any real estate sold under any
order, judgment or decree of court to satisfy the lien may be
redeemed by the owner or his assignee at any time within one (1) year
of the date of sale by paying to the purchaser thereof or assignee
the amount paid with interest from the date of purchase at the rate
of twelve percent (12%) per annum.
Added by Laws 1978, c. 233, § 12, emerg. eff. April 25, 1978.
Amended by Laws 2007, c. 362, § 9, eff. Nov. 1, 2007.
§11-39-113. Use of revenues.
A. All money received by the city from any special assessment or
assessment within a district shall be held in a special fund and used
to:
1. Pay the cost of the improvement for which the assessment was
made;
2. Reimburse the city for any work performed or cost incurred by
the city in constructing the improvement; or
3. Pay the interest and principal due on any outstanding
negotiable bonds, including replenishment of debt service reserves,
reimbursements to bond insurers or other providers of credit
enhancement, and other payments required in connection with bonds
issued to pay for improvements.
B. Any person who uses money in a district fund other than as
provided in this section is guilty of a felony and shall be punished
by a fine not exceeding One Thousand Dollars ($1,000.00) or by
imprisonment in the State Penitentiary for not more than two (2)
years, or by both such fine and imprisonment, in the discretion of
the court.
Added by Laws 1978, c. 233, § 13, emerg. eff. April 25, 1978.
Amended by Laws 1983, c. 170, § 23, eff. July 1, 1983; Laws 1997, c.
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133, § 129, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 58,
eff. July 1, 1999; Laws 2007, c. 362, § 10, eff. Nov. 1, 2007.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 129 from July 1, 1998, to July 1, 1999.
§11-39-114. Transfer of revenues to general fund.
The governing body may transfer to the general fund of the city
any money obtained from the levy of an assessment for a district if:
1. Bonds were issued to finance the improvement; and
2. The funds obtained by the bonds were spent for the
improvement; and
3. The assessments were levied and collected for the payment of
the bonds; and
4. Either the bondholders are barred by the statute of
limitations or a court judgment or decree from collecting the
indebtedness; or
5. The bonded indebtedness has been paid.
Added by Laws 1978, c. 233, § 14, emerg. eff. April 25, 1978.
§11-39-115. Bonds.
A. To pay all or any part of the cost of the improvement, the
governing body may issue, in the name of the city or a public trust
entity acting on behalf of the city, bonds in one or more series and
in amounts not exceeding the total cost of the improvement financed
by each series, including costs of issuance, capitalized interest,
funding of reserves, premiums for reserve surety bonds, and obtaining
bond insurance, letters of credit or other credit enhancement or
liquidity instruments in connection with each series. If the bonds
recite that:
1. The proceedings relating to making the improvement and
levying the assessments to pay for the improvement have been done in
compliance with law; and
2. All prerequisites to the fixing of the assessment lien
against the tract or parcel of land benefited by the improvement have
been performed;
such recital shall be conclusive evidence of the facts recited.
B. The bonds shall:
1. Recite the terms and conditions for their issuance;
2. Be payable from the money collected from the assessment
authorized in Section 39-111 of this title;
3. Bear a rate of interest not less than two percent (2%) of the
rate of interest on the deferred installments of the assessment; and
4. Mature not later than thirty (30) years after the date of
issuance of the bonds of a particular series.
C. Payment of the bonds issued for a storm sewer, lighting,
street, alley, curb, gutter or sidewalk improvement may be
supplemented from gasoline tax money remitted by the State of
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Oklahoma on or before a date not more than twelve (12) months after
the last deferred installment of an assessment is due from the owner
of a tract or parcel of land so assessed. Payment of the bonds
issued for a water, sewer, gas, electric or other improvement may be
supplemented from the funds received by the water, sewer, gas,
electric or other facility on or before a date not more than twelve
(12) months after the last deferred installment of an assessment is
due from the owner of a tract or parcel of land so assessed.
D. The bonds may be issued to the contractor in payment for the
construction of the improvement or may be issued and sold:
1. In payment of the city's proportion of the cost of the
improvement;
2. In payment of the proportionate cost if the improvement is
done in cooperation with another governmental agency;
3. In payment of the construction of the improvement done under
contract; or
4. In reimbursement to the city if the city constructed the
improvement with city owned or leased equipment and city employees.
E. Any city may contract for the issuance and sale of bonds or
assignable certificates.
F. Bonds or assignable certificates may be sold at a public or
private sale at a discount.
G. After the passage of thirty (30) days from the publication of
the ordinance or resolution authorizing the issuance of district
bonds, any action attacking the validity of any proceedings had or
taken by the governing body of the city preliminary to and in the
authorization and issuance of the bonds described in the notice is
perpetually barred.
Added by Laws 1978, c. 233, § 15, emerg. eff. April 25, 1978.
Amended by Laws 1983, c. 170, § 24, eff. July 1, 1983; Laws 2007, c.
362, § 11, eff. Nov. 1, 2007.
§11-39-116. Duty of city relative to assessments and bonds -
Personal liability.
A. Whenever a district has been created and bonds have been
issued to finance the improvement, a city shall either itself, or
acting through a third party administrator:
1. Collect the assessments annually or semiannually;
2. Act as trustee for the benefit of the holders of the bonds;
provided that, the city may contract with a bank with trust powers to
act as trustees;
3. Annually prepare a statement which shall:
a. be available for inspection in the office of the city
treasurer,
b. reflect the financial condition of the district,
c. list all the delinquencies existing at that time, and
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d. institute proceedings to foreclose the assessment lien
against any tract or parcel of land which is delinquent
in the payment of the assessment or installment of an
assessment for a period of more than one (1) year. In
lieu of the foreclosure of a lien against any tract or
parcel of land which is delinquent in the payment of an
assessment or installment of an assessment for a period
of more than one (1) year, a city may accept a deed to
the property subject to the lien if the owner of the
property tenders the deed to the municipality.
B. If more than one district is created, the money from
assessments in each district shall be kept in a separate fund and
used for the payment of principal and interest of the bonds
outstanding against that district. Nothing herein shall prevent the
appointment and compensation by the district of a registrar,
transfer, authenticating, paying or other agents to effect the
transfer of ownership, change of payee of any bond issued by the
district and to maintain books and records relating thereto.
C. Neither any member of the governing body of a city creating a
district nor any person acting on behalf of the city or district,
while acting within the scope of his or her authority, shall be
subject to any personal liability for any action taken or omitted
within that scope of authority.
Added by Laws 1978, c. 233, § 16, emerg. eff. April 25, 1978.
Amended by Laws 1983, c. 170, § 25, eff. July 1, 1983; Laws 2007, c.
362, § 12, eff. Nov. 1, 2007.
§11-39-117. Delinquent assessment or installment - Rights and
remedies for collection of assessment.
A. If the governing body fails or refuses to foreclose and sell
a tract or parcel of land for the delinquent assessment or
installment of the assessment as required in Section 39-116 of this
title, any holder of a bond secured by the assessment may foreclose
the assessment lien on such delinquent property in the manner
provided by law for the foreclosure of mortgages on real estate.
B. Whenever a governing body, board of county commissioners or
local board of education is delinquent in the payment of an
assessment, the holder of any bonds issued against the tract or
parcel of land of the city, county or school district has the rights
and remedies for the collection of the assessment as are given by law
for the collection of judgments against cities, counties and school
districts.
Amended by Laws 1983, c. 170, § 26, eff. July 1, 1983.
§11-39-118. Duties of trustees in foreclosure actions.
In any action seeking the foreclosure of a lien against any tract
or parcel of land assessed by a city for the construction of any
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improvement after bonds have been issued, the trustee of the fund
from which the bonds are to be paid may:
1. Purchase the tract or parcel of land sold at the foreclosure
sale; or
2. Bid, in lieu of cash, the full amount of the assessment and
interest found by the court to be due and payable under the ordinance
creating the lien and any cost taxed by the court in the foreclosure
proceedings against the property ordered sold.
Amended by Laws 1983, c. 170, § 27, eff. July 1, 1983.
§11-39-119. Title to property in trustee.
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.
Amended by Laws 1983, c. 170, § 28, eff. July 1, 1983.
§11-39-120. Sale of property by trustee.
A. After expiration of the period of redemption of the tract or
parcel of land foreclosed, the trustee may apply to the district
court which ordered the property sold for an order authorizing the
trustee to sell the property at private sale.
B. After the filing of the application of the trustee, the
district court shall appoint three (3) disinterested persons to
appraise the property sought to be sold and return the appraisement
to the court. After the appraisement is filed in the district court,
the district court shall, if it deems the appraisement to be fair,
enter an order authorizing and directing the trustee to sell and
convey to the purchaser the tract or parcel of land being sold. The
tract or parcel of land shall not be sold at private sale except for
cash and for no less than the value determined by the appraisers.
C. If the trustee is unable to sell the tract or parcel of land
at its appraised value, the trustee may apply to the district court
which ordered the property sold for an order authorizing the trustee
to sell for cash the tract or parcel of land foreclosed to the
highest and best bidder subject to the approval of the district
court. If the court determines that the property cannot be sold at
its appraised value, the court may enter an order directing the
public sale of the property.
D. After the sale of the foreclosed tract or parcel of land at
either a private sale or a public sale, approved by the court, the
trustee shall:
1. Deduct the costs of the sale and costs taxed against the
tract or parcel of land in the sale proceedings; and
2. Pay the remainder of the proceeds into the proper district
fund for payment of the interest and the bonds. In case of the sale
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of any tract or parcel of land subject to more than one delinquent
assessment, such remaining proceeds shall be distributed into the
proper district funds for such payment pro rata based upon the total
unpaid amount due each such district.
Amended by Laws 1983, c. 170, § 29, eff. July 1, 1983.
§11-39-121. Purpose of act.
The Improvement District Act is intended to afford another and
additional method of making improvements and is not to be construed
as repealing or qualifying any other charter or statutory
authorization granting a city authority to make improvements.
Added by Laws 1978, c. 233, § 21, emerg. eff. April 25, 1978.
§11-40-101. Short title.
This act shall be known and may be cited as the "Neighborhood
Redevelopment Act".
Added by Laws 1981, c. 315, § 1. Amended by Laws 1998, c. 247, § 1,
eff. Nov. 1, 1998.
§11-40-102. Purpose of act.
It is declared to be the purpose of the Neighborhood
Redevelopment Act to promote, stimulate, and develop the general and
economic welfare of this state and its communities and to assist in
the development and redevelopment of commercial, industrial and
residential neighborhoods, thus promoting the general welfare of the
citizens of this state, by authorizing cities and towns to establish
redevelopment trust authorities, and to authorize such authorities to
undertake redevelopment activities within such neighborhoods. The
powers conferred by the Neighborhood Redevelopment Act are for public
uses and purposes for which public money may be expended and the
power of eminent domain exercised. The necessity in the public
interest for the provisions enacted as the Neighborhood Redevelopment
Act is hereby declared as a matter of legislative determination. The
municipal governing body may do all things necessary and proper in
its discretion pursuant to the authority granted to it by the
Constitution and laws of this state to redevelop and maintain its
commercial, industrial and residential neighborhoods.
Added by Laws 1981, c. 315, § 2. Amended by Laws 1984, c. 126, § 70,
eff. Nov. 1, 1984; Laws 1998, c. 247, § 2, eff. Nov. 1, 1998.
§11-40-103. Procedure for application of act - Limitations.
A. No city or town shall exercise any of the powers conferred by
this act unless the governing body of such city or town shall have
adopted a resolution finding that all or a portion of the commercial,
industrial or residential neighborhood seeking to be redeveloped
contains blighted conditions and the conservation, development or
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redevelopment of such area is necessary to promote the general and
economic welfare of such city or town.
B. The powers conferred upon cities and towns under the
provisions of this act shall be exercised only in commercial,
industrial or residential neighborhoods of cities and towns, as
determined by resolution adopted pursuant to Section 40-104 of this
title.
Added by Laws 1981, c. 315, § 3. Amended by Laws 1998, c. 247, § 3,
eff. Nov. 1, 1998.
§11-40-104. Redevelopment plan - Procedure for adoption.
A. Any city or town proposing to undertake the redevelopment of
a commercial, industrial or residential neighborhood in accordance
with the provisions of this act shall first prepare a redevelopment
plan in consultation with the planning commission of the city. The
redevelopment plan shall include:
1. A description and map of the boundaries of the redevelopment
district being proposed;
2. A summary of the blighted conditions which justify the
creation of such district;
3. A delegation of authority to a public trust created pursuant
to Section 176 et seq. of Title 60 of the Oklahoma Statutes,
specifying the name of the redevelopment trust which will undertake
the redevelopment activities on behalf of such city or town. If no
redevelopment trust is then in existence, the redevelopment plan
shall include a copy of the trust indenture or other document
creating the redevelopment trust;
4. A summary of the types of redevelopment activities and
projects which may be undertaken by the redevelopment trust; and
5. Such other information as deemed by the governing body
necessary to advise the public as to the intent of the plan.
B. Any redevelopment plan undertaken in accordance with the
provisions of this act shall fix a date on which the redevelopment
plan shall terminate, which date shall be not more than twenty-five
(25) years from the date the plan was adopted.
C. Thereafter, the governing body of the city shall adopt a
resolution stating that the city is considering the adoption of a
redevelopment plan. The resolution shall:
1. Give notice that a public hearing will be held to consider
the adoption of the redevelopment plan, and fix the date, hour and
place of such public hearing;
2. Describe the boundaries of the district being proposed; and
3. State that the redevelopment plan is available for inspection
during regular office hours in the office of the city clerk.
D. The date fixed for the public hearing shall be not less than
thirty (30) days nor more than seventy (70) days following the date
of the adoption of the resolution fixing the date of such hearing.
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E. A copy of the redevelopment plan, along with a resolution
providing for the public hearing, shall be delivered to the county
commissioners of any county and the board of education of any school
district levying taxes on property within the proposed redevelopment
district. The resolution shall be published in a newspaper of
general circulation within the city or town as a legal, public notice
once each week for three (3) consecutive weeks, the last publication
to be not less than one (1) week and not more than two (2) weeks
preceding the date fixed for public hearing. A sketch clearly
delineating the area in detail as may be necessary to advise the
reader of the particular land proposed to be included within the
redevelopment district shall be published with the resolution.
F. At the public hearing, a representative of the city shall
present the city's proposed redevelopment plan. Following such
explanation, all interested persons shall be given an opportunity to
be heard. The governing body may for good cause shown recess the
hearing to a time and date certain which shall be fixed in the
presence of persons in attendance at the hearing.
G. Following the hearing, the governing body may adopt the
redevelopment plan by ordinance passed upon a two-thirds (2/3) vote.
Such ordinance may include an acceptance of beneficial interest in
any redevelopment trust being created pursuant to the terms of a
redevelopment plan.
H. Thereafter, any substantial changes to the redevelopment plan
as adopted shall be subject to public hearing following publication
of notice thereof at least twice in a newspaper of general
circulation within the city or town.
Added by Laws 1981, c. 315, § 4. Amended by Laws 1998, c. 247, § 4,
eff. Nov. 1, 1998.
§11-40-105. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-105.1. Proposed program plan - Resolution - Notice and
hearing - Approval by municipality.
A. Following adoption of the ordinance described in Section 40-
104 of this title, the redevelopment trust named in such ordinance
shall thereafter develop a comprehensive approach to remedy those
blighted conditions which were found to exist within the
redevelopment district. This comprehensive approach shall consist of
one or more program plans designed to address the blighted conditions
within such redevelopment district. Before the adoption of a program
plan requiring the acquisition of land, the redevelopment trust shall
provide to the city a feasibility study, which study shall show that
the benefits derived from the program plan will exceed the costs and
that the income there from will be sufficient to pay for the program
plan.
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B. Prior to the adoption of a program plan, a redevelopment
trust shall adopt a resolution relating to the proposed program plan,
which resolution shall:
1. State that a public hearing will be held to consider the
adoption of a program plan, and fix the date, hour and place of such
public hearing;
2. Describe the geographic boundaries of the area to which such
program plan relates; and
3. State that the program plan, including a summary of any
feasibility study, relocation assistance plan, financial guarantees
of a prospective developer, if applicable, and a description and map
of the area to be redeveloped are available for inspection during
regular office hours in the office of the city clerk.
C. The date fixed for the public hearing shall be not less than
ten (10) days nor more than thirty (30) days following the date of
the adoption of the resolution fixing the date of such hearing. The
resolution shall be published in a newspaper of general circulation
within such city or town as a legal, public notice once each week for
two (2) consecutive weeks, the last publication to be not more than
two (2) weeks preceding the date fixed for public hearing. If a
program plan provides for the use of eminent domain pursuant to
Section 40-115 of this title, then a summary of the program plan
shall be mailed by certified mail to each owner and occupant of land
within the proposed redevelopment district not more than ten (10)
days following the date of the adoption of the resolution. A
statement shall be included in the summary of the program plan that
the program plan is available for inspection and copying during
regular office hours in the office of the city clerk.
D. Following the hearing, the trustees of the redevelopment
trust may, by resolution, adopt the program plan as originally
proposed, or may adopt the program plan with such amendments as
deemed appropriate by the trustees of the redevelopment trust.
Thereafter, any substantial changes to a program plan, as adopted,
shall be subject to public hearing following publication of notice
thereof at least twice in a newspaper of general circulation within
such city or town.
E. After the adoption of a program plan, or any substantial
change to a program plan, the governing body of such municipality,
upon a finding by the planning commission that the program plan, or
any substantial change to the program plan is consistent with the
general comprehensive plan for the development of the city, may
approve the program plan, or any substantial change to the program
plan, as being consistent with the comprehensive general plan for the
development of the city. Thereafter, a redevelopment trust may
undertake specific redevelopment projects; provided, that:
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1. Such projects are undertaken pursuant to a project plan which
clearly sets forth the actions being taken by the redevelopment trust
with regard to a specific parcel or lot;
2. Such projects are undertaken within the period of time
specified in the program plan; and
3. The terms and conditions relating to such projects are
consistent with the terms and conditions of the program plan.
Added by Laws 1998, c. 247, § 5, eff. Nov. 1, 1998. Amended by Laws
2008, c. 367, § 9, eff. Nov. 1, 2008.
§11-40-106. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-106.1. Powers of redevelopment trust.
In order to carry out the purposes of this act, and any
redevelopment plan adopted by a city or town pursuant hereto, a
redevelopment trust may exercise all powers of a public trust
pursuant to the provisions of Sections 176 et seq. and 175.1 et seq.
of Title 60 of the Oklahoma Statutes.
Added by Laws 1998, c. 247, § 6, eff. Nov. 1, 1998.
§11-40-107. Application of Title 60, Section 178.4.
The provisions of Section 178.4 of Title 60 of the Oklahoma
Statutes regarding retail outlets and residential enterprises and
functions shall not apply to any redevelopment trust operating
pursuant to a duly adopted redevelopment plan.
Added by Laws 1981, c. 315, § 7. Amended by Laws 1998, c. 247, § 7,
eff. Nov. 1, 1998.
§11-40-108. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-108.1. Bonds or notes - Pledge of revenues.
A redevelopment trust operating pursuant to a duly adopted
redevelopment plan may issue tax apportionment bonds or notes in
accordance with the provisions of the Local Development Act, Section
850 et seq. of Title 62 of the Oklahoma Statutes, as amended, and may
receive and pledge revenues derived from the apportionment of ad
valorem taxes as provided in Sections 861 and 862 of Title 62 of the
Oklahoma Statutes.
Added by Laws 1998, c. 247, § 8, eff. Nov. 1, 1998.
§11-40-109. Relocation assistance plan.
Before any redevelopment project shall be initiated under this
act, a relocation assistance plan shall be approved by the
redevelopment trust proposing to undertake the project. Such
relocation assistance plan shall:
1. Provide for relocation payments to be made to persons,
families and businesses who move from real property or who move
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personal property from real property as a result of the acquisition
of the real property by the city in carrying out the provisions of
this act, the plan to specify the time and manner of any such
payments agreed to;
2. Provide that no persons or families residing in the project
area shall be displaced unless and until there is a suitable housing
unit available and ready for occupancy by such displaced person or
family at rents within their ability to pay. Such housing units
shall be suitable to the needs of such displaced persons or families
and must be a decent, safe, sanitary and otherwise standard dwelling;
3. Provide for the payment of any damages sustained by a
retailer by reason of the liquidation of inventories necessitated by
relocation; and
4. Provide for conformance with requirements promulgated under
the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended.
Added by Laws 1981, c. 315, § 9. Amended by Laws 1998, c. 247, § 9,
eff. Nov. 1, 1998.
§11-40-110. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-111. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-112. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-113. Definitions.
The following terms, whenever used or referred to in this act,
shall, unless a different intent clearly appears from the context, be
constructed to have the following meaning:
1. "Blighted conditions" means conditions which, because of the
presence of a majority of the following factors, substantially impair
or arrest the sound development and growth of the municipality or
constitute an economic or social liability or are a menace to the
public health, safety, morals or welfare in its present condition and
use:
a. a substantial number of deteriorated or deteriorating
structures,
b. predominance of defective or inadequate street layout,
c. unsanitary or unsafe conditions,
d. deterioration of site improvements,
e. absentee ownership,
f. tax or special assessment delinquency exceeding the
fair value of the land,
g. defective or unusual conditions of title,
h. improper subdivision or obsolete platting or land uses,
i. the existence of conditions which endanger life or
property by fire and other causes, or
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j. conditions which create economic obsolescence, or areas
containing obsolete, nonfunctioning or inappropriately
developed structures;
2. "Governing body" means the city council, city commission or
town board of trustees;
3. "Neighborhood" means a contiguous geographic area within a
city or town that is characterized by a predominant building style or
function, and may apply to residential, commercial or industrial
areas;
4. "Program plan" means a plan for the redevelopment of all or a
portion of a redevelopment district, which the governing body of a
city or town has found to contain blighted conditions, so that the
clearance, replatting, rehabilitation or reconstruction thereof is
necessary to effectuate the purposes of this act;
5. "Project plan" means a specific work or improvement to
effectuate all or a portion of a program plan;
6. "Redevelopment" shall mean the clearance, planning,
construction, rehabilitation, or renovation of all or a portion of a
redevelopment district, and the provision for such industrial,
commercial, retail, residential or public structures and spaces as
may be appropriate, including recreational and other facilities
incidental or appurtenant thereto;
7. "Redevelopment district" means that portion of a city or town
which the governing body of such city or town has found to contain
blighted conditions;
8. "Redevelopment plan" means a plan for the redevelopment of
all or a portion of a redevelopment district; and
9. "Redevelopment trust" means a public trust established in
accordance with Section 176 et seq. of Title 60 of the Oklahoma
Statutes which has the power to undertake redevelopment activities.
Added by Laws 1981, c. 315, § 13. Amended by Laws 1998, c. 247, §
10, eff. Nov. 1, 1998.
§11-40-114. Repealed by Laws 1998, c. 247, § 12, eff. Nov. 1, 1998.
§11-40-115. Eminent domain - Lien foreclosure.
A. A redevelopment trust shall have the right to acquire by the
exercise of the power of eminent domain any real property in fee
simple or other estate which is necessary to accomplish the purposes
of this act, when so approved by the governing body.
B. A redevelopment trust may exercise the power of eminent
domain in the manner provided in Sections 9 through 14 of Title 27 of
the Oklahoma Statutes; or it may exercise the power of eminent domain
in the manner provided by any other applicable statutory provision
for the exercise of the power of eminent domain. Property already
devoted to a public use may be acquired in like manner, provided that
no real property belonging to any city, county, public trust or the
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state or any political subdivision thereof may be acquired without
its consent.
C. In the event of the sale or other disposition of real
property of any redevelopment trust 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 trust shall continue to use, operate and
maintain such real property in accordance with the provisions of any
project plan.
Added by Laws 1981, c. 315, § 15. Amended by Laws 1998, c. 247, §
11, eff. Nov. 1, 1998.
§11-41-101. Survey and plat for subdivisions or proposed
municipality.
A person intending to lay out a municipality or an addition or
subdivision shall cause a survey and plat to be made of the land
which is to be laid out. The plat shall particularly describe and
set forth all streets, alleys, easements, commons or public grounds,
all lots and blocks, and fractional lots within or adjoining the
land, and give their names, width, courses, boundaries, and extent.
Laws 1977, c. 256, § 41-101, eff. July 1, 1978.
§11-41-102. Lots to be numbered and described in plat.
All lots shall be numbered in progressive numbers, and their
precise length and width shall be stated on the plat or map, together
with any streets, alleys, or roads which divide or border the lots.
Angles or bearings shall be given on all block lines and lot lines
not parallel to block lines.
Laws 1977, c. 256, § 41-102, eff. July 1, 1978.
§11-41-103. Base line - How formed.
At the time of surveying and platting, the owner of the
municipality, addition or subdivision of lots and blocks, or his
agent, shall form the base line from which future surveys are to be
made. The base line shall be formed by placing on the line of a
street two good and sufficient monuments of such size and dimension
as the surveyor shall direct. The point or points where the base
line may be found shall be distinguished on the plat or map.
Laws 1977, c. 256, § 41-103, eff. July 1, 1978.
§11-41-104. Plats must be certified and acknowledged.
When the plat or map is completed, it shall be certified by a
registered land surveyor who has prepared it and the landowner. At
or before the time of offering the plat or map for record, the plat
or map must be acknowledged before some person authorized to take
acknowledgment of deeds. A certificate of such acknowledgment shall
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be endorsed on the plat or map. The certificate of the survey and
acknowledgment shall also be recorded and form a part of the record.
Added by Laws 1977, c. 256, § 41-104, eff. July 1, 1978. Amended by
Laws 2011, c. 98, § 2.
§11-41-105. Certificate as to payment of taxes required before plat
is recorded.
A. No plat or map may be accepted for record or be recorded by
the county clerk unless it bears the certificate of the county
treasurer of the county in which the tract or parcel of land is
located, certifying that:
1. All taxes for all previous years, which taxes have been
levied against the tract or parcel of land involving the plat,
including improvements thereon, have been paid; and
2. All taxes for the year during which the plat or map is
offered for record, which taxes shall be levied against the land to
be platted, excluding improvements thereon, have been paid; provided,
if the plat to be certified is a replat, or a plat within a plat, the
requirement set forth herein shall only apply to the extent that the
boundaries of the tracts or parcels of land which are the subject of
the replat or plat vary from the original plat.
B. The county assessor of the county in which the land to be
platted is located shall determine the taxes due for the year during
which the plat is offered for record based on the assessed value of
the land to be platted, excluding all improvements thereon; shall
place the tax so determined on the tax rolls for that year; and shall
notify the county treasurer of such taxes due. In the event the
taxes due have not been determined by the county assessor as required
in this section or the county treasurer has not been notified of the
taxes due on the land to be platted, excluding all improvements
thereon, then the owner of the property to be platted, whether in
whole or in part, or his agent submitting the plat for record, shall
make a security deposit in cash with the county treasurer or a bond
executed by a bonding company authorized to do business in the State
of Oklahoma. The security deposit or bond shall be in an amount
equal to:
1. The sum charged upon the last tax rolls in the office of the
county treasurer against the tract or parcel of land involving the
plat, whether in whole or in part, excluding all improvements
thereon; and
2. Twenty-five percent (25%) of the sum of such taxes as
assurance against increase of tax charges for the taxable year in
which the plat is offered.
The security deposit or bond shall be held by the county treasurer
until the tax rolls for the county have been made up for the taxable
year and the tax charge against the tract, excluding all improvements
thereon, has become fixed. Upon the payment of all the tax so
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charged, or applied thereto out of the cash deposit, the remainder of
the deposit shall be refunded or the bond released.
Added by Laws 1977, c. 256, § 41-105, eff. July 1, 1978. Amended by
Laws 2004, c. 50, § 1, eff. Nov. 1, 2004.
§11-41-106. Approval by municipal governing body before plat is
recorded.
Before any plan, plat or replat of land within the corporate
limits of a municipality shall be entitled to record in the office of
the county clerk, it must be approved by the municipal governing
body. No plan, plat or replat may be received or recorded in any
public office unless the same shall bear thereon, by endorsement or
otherwise, the approval of the municipal governing body. The
disapproval of any plan, plat or replat by the municipal governing
body shall be deemed a refusal of any proposed dedication shown
thereon.
Laws 1977, c. 256, § 41-106, eff. July 1, 1978.
§11-41-107. Fees of surveyor and register - Where recorded.
The surveyor who shall lay out, survey and plat any municipality,
addition or subdivision shall be entitled to receive proper
compensation for his services. The county clerk of the county in
which the property is situated shall receive fees as set forth in
Section 32 of Title 28 of the Oklahoma Statutes. The original of the
plat and survey shall be retained by the county clerk of the county
in which the property is situated, and recorded into a plat book to
be provided for that purpose.
Laws 1977, c. 256, § 41-107, eff. July 1, 1978.
§11-41-108. Plat record specifications.
Any plat submitted for recording shall have the following
specifications:
1. The dimensions of the plat shall be twenty-four (24) by
thirty-six (36) inches or shall be a size that can be properly and
conveniently folded to these dimensions and shall be drawn to a
minimum scale of one hundred (100) feet to the inch; except that
plats in which all lots contain a net area in excess of forty
thousand (40,000) square feet, the plat may be drawn to a scale of
two hundred (200) feet to the inch;
2. The drawing surface of the plat shall have a binding margin
of two (2) inches at the left side of the plat, a margin of not less
than one (1) inch at the right side, and a margin of not less than
one and one-half (1 1/2) inches at the top and bottom;
3. The original tracing of each plat and two prints thereof and
a reduced copy in the dimensions of eight and one-half (8 1/2) inches
by eleven (11) inches shall be presented for recording;
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4. The original plat shall be an original drawing made with
india ink on a good grade linen tracing cloth, or with a suitable
black acetate base ink on a stable polyester base film coated upon
completion with a suitable plastic material to prevent flaking and to
assure permanent legibility, or a print on a stable polyester base
film made by photographic processes from a film scribing tested for
residual hypo with an approved hypo testing solution to assure
permanency;
5. Marginal lines, standard certificates and approval forms may
be printed or legibly stamped on the plat with permanent opaque black
ink when permitted by local ordinance; and
6. The county clerk may require one of the prints to be a
blueprint cloth and the other print to be a photographic matte film
positive.
Added by Laws 1977, c. 256, § 41-108, eff. July 1, 1978. Amended by
Laws 2007, c. 132, § 1, eff. Nov. 1, 2007.
NOTE: Laws 2007, c. 100, § 1 repealed by Laws 2008, c. 3, § 8,
emerg. eff. Feb. 28, 2008.
§11-41-109. Donations and grants shown on plat deemed conveyances -
Title to streets, alleys, etc.
When the plat or map has been completed and certified,
acknowledged, approved and recorded as required by Sections 41-104
through 41-108 of this title, every donation or grant to the public,
or to any individual, any religious society, or to any corporation or
body politic, marked or noted as such on the plat or map, shall be
deemed in law and equity a sufficient conveyance to vest the fee
simple of the tract or parcel of land as expressed in the plat or
map. Such conveyance shall be considered for all intents and
purposes a general warranty against the donor, his heirs or
representatives, to the donee or grantee, for his use for the uses
and purposes named in the plat or map, expressed and intended, and no
other use and purpose whatever. The land intended to be used for the
streets, alleys, ways, commons or other public uses in any
municipality or addition thereto shall be held in the municipality's
corporate name in trust to and for the use and purposes set forth and
expressed or intended.
Added by Laws 1977, c. 256, § 41-109, eff. July 1, 1978.
§11-41-110. Lands already laid out under prior law.
When a municipality, addition or subdivision has been laid out
and lots sold, and a plat or map of the land has not been
acknowledged and recorded in conformity with laws heretofore in
force, then the county commissioners or a majority of them in the
county where the land is situated, or the owner who has laid out the
land, or his legal representatives, shall prepare the plat or map and
have it acknowledged and recorded in the proper county, in the form
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and manner required by Sections 41-104 through 41-108 of this title.
The plat or map shall particularly describe the donation of lands or
otherwise to individual societies, bodies politic, or for common or
public purposes. The plat or map shall conform with the requirements
of current law, except that if the lots have been numbered
differently and sales made, and they cannot be easily renumbered to
conform with the law, then the lots shall be returned as originally
stated.
Laws 1977, c. 256, § 41-110, eff. July 1, 1978.
§11-41-111. Penalty for sale of lots before compliance.
No person, firm or corporation shall dispose of, offer for sale,
or lease for any time any lots or blocks in any municipality,
addition or subdivision, or part thereof, which are hereafter laid
out, before all the requirements of Sections 41-104 through 41-108 of
this title have been complied with.
Laws 1977, c. 256, § 41-111, eff. July 1, 1978.
§11-41-112. Correction of errors in plats and conveyances - Petition
to district court.
The district court in the county in which the property is
situated shall have the jurisdiction to correct municipal plats and
plats of additions and subdivisions. The owner of any lot within the
portion of the plat sought to be corrected may file his petition in
the district court to correct the plat, or any portion thereof, when
the same has been erroneously made by duplicating lot numbers in any
block or incorrectly describing the distances on the plat or when the
same is, in any manner, incorrect in description or otherwise. The
court may correct the description of property in any conveyance of
any lot, where the plat is corrected, which may be necessary for the
purpose of making a complete and correct descriptive chain of title
to the lot.
Laws 1977, c. 256, § 41-112, eff. July 1, 1978.
§11-41-113. Parties to suit in correcting plat errors.
A. If the object of the petition is to correct one (1) block of
the plat, or any portion thereof, the petition shall name as parties
defendant the record owners, as of the time of commencing the suit,
of all the lots within the block sought to be corrected. The
municipality within which the plat is located shall be made a party
to the suit if the streets and alleys of the municipality will be
affected by the correction.
B. If the object of the petition is to correct a greater portion
than one (1) block of the plat, then the petition shall name as
parties defendant:
1. The record owners, as of the time of commencing the suit, of
the lots within the area sought to be corrected; and
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2. The municipality within which the plat is located.
Laws 1977, c. 256, § 41-113, eff. July 1, 1978.
§11-41-114. Action to correct plat errors - Service of summons and
notice.
Service of summons in the action shall be had upon the defendants
in the manner provided by law in civil actions. Where the record
owners are numerous, however, the action may be maintained in the
name of one or more lot owners for the benefit of all the owners of
property within the area of that portion of the plat affected by the
proposed correction. In addition to service of process to those
record owners in whose name the action is maintained, the petitioner
shall also give notice by mail to the following, without naming them
as parties defendant:
1. All owners of record, as shown by the current year's tax
rolls in the office of the county treasurer, of lots within the block
or area sought to be corrected; and
2. The municipality within which the plat is located.
The notice shall set out the error sought to be corrected and the
manner which is proposed for correcting the error as prayed for in
the petition.
Laws 1977, c. 256, § 41-114, eff. July 1, 1978.
§11-41-115. Correction of errors and defects in recorded plats -
Procedure.
A. Municipal plats or plats of additions and subdivisions which
have been erroneously described on any record in the chain of title
to said plats, or are otherwise defective on their face, may be
corrected pursuant to the provisions of this section or pursuant to
the provisions of Sections 41-112 through 41-114 of this title.
B. If a municipal plat or plat of an addition or subdivision
which is executed and filed in the office of the county clerk of the
county in which said plat is located fails to identify or correctly
describe the land to be platted, the registered land surveyor who
prepared said plat may execute a certificate stating the nature of
the error and cure said defect. The surveyor shall refer to said
plat by correct page number and book in which said plat is recorded
by the county clerk. Said certificate shall be dated and signed by
said registered land surveyor.
C. If the registered land surveyor who originally certified said
plat pursuant to the provisions of Section 41-104 of this title is
not available, or if said plat was not prepared by a registered land
surveyor, a certificate as provided for in subsection B of this
section may be executed by any registered land surveyor, provided
said certificate states the reasons why the registered land surveyor
who prepared the plat was not available or that said plat was not
originally prepared by a registered land surveyor.
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D. Prior to recording the correction certificate in the office
of the county clerk of the county in which said plat is located, the
certificate shall be approved by the planning commission or other
governmental body having jurisdiction, provided that such certificate
shall be approved by the municipal governing body if the correction
alters or otherwise affects a right-of-way or easement of the
municipality.
E. The certificate authorized by the provisions of this section
shall be retained by the county clerk of the county in which said
plat is located and shall be recorded as a correction in the county
plat book.
F. A certificate filed pursuant to the provisions of this
section shall be prima facie evidence of the statements contained in
said certificate and shall be received into evidence for that
purpose. No such certificate shall have the effect of destroying or
changing any vested rights which were acquired based upon an existing
plat despite the errors or defects contained in said plat. The
provisions of this section shall not prohibit any interested party
from commencing an action in the district court of the county in
which the plat is located pursuant to the provisions of Sections 41-
112 through 41-114 of this title.
Added by Laws 1983, c. 35, § 1, eff. Nov. 1, 1983. Amended by Laws
1985, c. 12, § 1, emerg. eff. April 11, 1985.
§11-42-101. Definitions.
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
4. "Easement" means rights in real property as set forth in
Section 49 of Title 60 of the Oklahoma Statutes.
Laws 1977, c. 256, § 41-101, eff. July 1, 1978.
§11-42-102. Application by owner for vacation of platted tract,
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
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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.
Laws 1977, c. 256, § 42-102, eff. July 1, 1978; Laws 1979, c. 236, §
1. Amended by Laws 1990, c. 194, § 1, emerg. eff. May 10, 1990.
§11-42-103. Notice of application to court for vacation - Right to
resist.
A. In addition to any other requirements for notice provided by
this section, notice of hearing shall be given to the public by one
publication in some newspaper of general circulation in the
municipality where the land is located. If there is no newspaper
published in such municipality where the land is located, the
publication may be in some newspaper of general circulation in the
county where the land is located. Such notice shall be published at
least thirty (30) days prior to the time when the application has
been set for hearing by the court.
B. The court shall set a date for hearing on an application for
vacation, not less than thirty-five (35) days nor more than sixty
(60) days after the filing of the application. Notice of the
hearing, with a copy of the application attached thereto, shall be
served at least thirty (30) days prior to the date set for said
hearing in the same manner as is provided for service of process in
civil actions on:
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1. The governing body of the municipality if the tract, street,
alley, easement or portion thereof is inside the municipal limits;
2. The board of county commissioners; and
3. Any holder of a franchise and others having a special right
or privilege granted by ordinance or legislative enactment to use the
platted tract or portion thereof or street, alley, easement or
portion thereof sought to be vacated.
C. Notice of the hearing shall be mailed by first class mail at
least thirty (30) days prior to the date set for said hearing to: 1.
All owners of land, as shown by the current year's tax rolls in the
office of the county treasurer, within three hundred (300) feet of
the tract, street, alley, easement or portion thereof sought to be
vacated; and
2. All persons, firms or corporations, not otherwise required to
be notified, that are known by the applicant to claim an interest or
right in the tract, street, alley, easement or portion thereof sought
to be vacated.
Attached to any application shall be the certificate of a bonded
abstractor listing the names and mailing addresses, as reflected by
the current year's tax rolls in the office of the county treasurer,
of all persons required to be notified herein.
D. The municipality, county, and any holder of a franchise or
other special right or privilege, or any owner of any land required
by this section to be notified, may appear and oppose and resist the
application if such party has filed, at least five (5) days prior to
the date set for said hearing, a verified answer showing the grounds
therefor. A copy of the answer shall be mailed to the applicant or
applicants the date the answer is filed.
Laws 1977, c. 256, § 43-103, eff. July 1, 1978.
§11-42-104. Hearing and determination - Extent of relief.
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
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
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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.
Laws 1977, c. 256, § 42-104, eff. July 1, 1978; Laws 1979, c. 236, §
3.
§11-42-105. Rights of municipal utilities and transmission
companies.
No vacation of any plat or public way, or part thereof, shall
operate to invalidate or impair the right of any municipal utility or
regulated transmission company to continue to possess, occupy, and
use that part of the public ways, utility easements, or rights-of-way
existing within the affected area and occupied and used by any
municipal utility or regulated transmission company for the
performance of its public service undertaking. Said easements shall
be defined in any decree of vacation. The municipal utility or
regulated transmission company may maintain, replace, repair, and
operate its facilities, have unrestricted ingress and egress to said
locations, and remove its facilities without impairment by reason of
the vacation or partial vacation of any plat or public way.
Amended by Laws 1984, c. 126, § 72, eff. Nov. 1, 1984.
§11-42-106. Vacation of plat by written agreement of owners.
A. Any plat of a municipality or addition thereto or any
subdivision of land may be vacated by the owners thereof at any time
before the sale of any lots therein by a written instrument declaring
the same to be vacated, duly executed, acknowledged or proved and
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recorded in the same office with the plat to be vacated. The
executing and recording of the written instrument, bearing the
approval or consent of the municipality in which the plat is
situated, shall operate to destroy the force and effect of the
recording of the plat so vacated, and to divest all public rights in
the public ways, commons, and public grounds laid out as described in
the plat.
B. Where any lots in the plat sought to be vacated have been
sold, the plat or a portion thereof may be vacated as provided in
subsection A of this section, provided that the owners of sixty
percent (60%) of the lots in the plat and all of the owners in the
area to be vacated join in the execution of the written instrument,
the instrument bears the approval of the municipality in which the
plat is situated, and such action is not prohibited by any
restrictive covenants encumbering the lots in plat.
C. Notwithstanding the foregoing provisions, any plat of record
in the office of the county clerk in the county in which the real
property is situated, for a period of not less than ten (10) years,
which bears the approval of the municipality in which the real
property is situated, which replats an existing plat, or a portion
thereof, shall be deemed a lawful replatting of any plat, or portion
thereof, thereby vacating the plat, or a portion thereof, which is
replatted.
D. This section shall not be construed as applying to any of the
territory included within the limits of any incorporated municipality
created and organized under and by virtue of a special act of the
Legislature.
Added by Laws 1977, c. 256, § 42-106, eff. July 1, 1978. Amended by
Laws 1993, c. 241, § 2, eff. Sept. 1, 1993; Laws 2002, c. 74, § 1,
emerg. eff. April 15, 2002.
§11-42-106.1. Amendment of restrictive covenant on property in
residential addition – Creation of neighborhood association.
A. Any restrictive covenant on property contained in a
residential addition may be amended if:
1. The restrictive covenant has been in existence for at least
ten (10) years and the amendment is approved by the owners of at
least seventy percent (70%) of the parcels contained in the addition
or the amount specified in the restrictive covenant, whichever is
less; or
2. The restrictive covenant has been in existence for at least
fifteen (15) years and the amendment is approved by the owners of at
least sixty percent (60%) of the parcels contained in the addition or
the amount specified in the restrictive covenant, whichever is less.
B. Where a preliminary plat has been filed for a residential
addition, the requirements of paragraphs 1 and 2 of subsection A of
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this section shall include all the parcels contained in the
preliminary plat.
C. In the absence of a provision providing for the amendment of
the restrictive covenants of a residential addition the requirements
of paragraphs 1 and 2 of subsection A of this section shall apply. A
thirty-day notice of any meeting called to amend the restrictive
covenants shall be provided to the owners of every parcel contained
in the addition. Each parcel shall be entitled to one vote.
D. The recorded restrictive covenants on property contained in a
residential addition may be amended by the addition of a new covenant
creating a neighborhood association for the addition that would
require the mandatory participation of the successors-in-interest of
all record owners of parcels within the addition at the time the
amendment is recorded. The amendment must be approved by the record
owners of at least sixty percent (60%) of the parcels contained in
the addition and shall be subject to the following:
1. The amendment shall provide that participation in the
neighborhood association created by the amendment shall not be
mandatory for persons who are record owners of parcels within the
residential addition at the time the amendment is filed of record,
but such participation shall be mandatory for all successors-in-
interest of the record owners;
2. The amendment must provide that the concurring vote of not
less than sixty percent (60%) of the record owners of parcels
contained in the addition shall be necessary for the establishment or
change of dues for the neighborhood association; and
3. Following approval, the amendment shall be filed of record in
the office of the county clerk of the county wherein the residential
addition is located against all parcels within the addition. The
term amendment may apply to an existing covenant or to a new subject
not addressed in existing covenants.
A thirty-day written notice of any meeting called to approve any
such amendment shall be provided to the owners of every parcel
contained in the residential addition. The notice of such meeting
shall be published in a newspaper in the county at least fourteen
(14) days before the meeting. The notice shall also be given by
publication in the neighborhood newsletter. Each parcel within the
addition shall be entitled to one vote. Any amendment approved and
recorded pursuant to this subsection may thereafter be revoked by
approval of sixty percent (60%) of the record owners of parcels
within the addition.
Added by Laws 1995, c. 154, § 1, eff. Nov. 1, 1995. Amended by Laws
2002, c. 82, § 1, eff. Nov. 1, 2002.
§11-42-107. Record of vacation.
Any decree or written instrument vacating a plat or portion
thereof shall be filed and recorded in the office of the county clerk
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in the county where the land is situated and shall include a metes
and bounds legal description of the area being vacated and a separate
metes and bounds legal description of the area, if any, remaining
platted. The clerk shall write in plain, legible letters across that
part of the plat so vacated the word "Vacated". The county clerk
shall provide a copy of the metes and bounds legal description of the
property being vacated as furnished by the petitioner to the county
assessor. The clerk shall also note on the original plat a reference
to the decree or instrument and the volume and page where recorded.
Added by Laws 1977, c. 256, § 42-107, eff. July 1, 1978. Amended by
Laws 2005, c. 116, § 1, eff. Nov. 1, 2005.
§11-42-108. Vacating part of a plat - Closing highways.
Any part of a plat may be vacated in accordance with the
procedures and subject to the conditions of Sections 42-101 through
42-115 of this title, provided that such vacating does not abridge or
destroy any of the rights and privileges of other owners in the plat.
Nothing contained in this section shall authorize the closing or
obstructing of any public highway laid out according to law.
Laws 1977, c. 256, § 42-108, eff. July 1, 1978.
§11-42-109. Replatting of vacated plat - Effect on rights-of-way and
restrictive covenants - Reversion of fee.
A. The owner of any lot in a plat which has been vacated by
decree or written instrument may cause the same and a proportionate
part of adjacent public ways and public grounds to be replatted and
numbered by a registered land surveyor. The owner of any platted lot
or lots may replat the lot or lots without necessity of vacating the
initial plat or applicable portion thereof if such action is not
prohibited by any restrictive covenants encumbering the lots. A
replat shall not be deemed a vacation of the initial plat nor affect
any preexisting public ways, utility easements or rights-of-way. A
replat or a vacation of a plat shall not be deemed a termination of
any restrictive covenants which are otherwise enforceable. When a
replat is acknowledged by the owner and bears the approval of the
municipality in which the plat is situated and is recorded in the
office of the county clerk of the county in which the plat is
located, the lots may be conveyed and assessed by the numbers given
them on the plat.
B. When any part of a plat has been vacated by decree or written
instrument, the owners of the lots so vacated may enclose the public
ways and public grounds adjoining the lots in equal proportion.
C. Nothing contained in this article shall operate to preclude a
fee from reverting to its owner when a public right-of-way is vacated
in law or in fact.
Added by Laws 1977, c. 256, § 42-109, eff. July 1, 1978. Amended by
Laws 2002, c. 74, § 2, emerg. eff. April 15, 2002.
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§11-42-110. Power to close public ways or easements by ordinance -
Reopening - Rights of utilities.
A. The municipal governing body by ordinance may close to the
public use any public way or easement within the municipality
whenever deemed necessary or expedient. The procedure for closing a
public way or easement shall be established by ordinance or
resolution adopted by the municipality.
B. The municipality shall give written notice of any proposed
closing of a public way or easement to any holder of a franchise or
others determined by the governing body to have a special right or
privilege granted by ordinance or legislative enactment to use the
public way or easement at least thirty (30) days prior to passage of
any ordinance providing for closing of a public way or easement.
C. The municipality shall retain the absolute right to reopen
the public way or easement without expense to the municipality. The
public way or easement may be reopened by ordinance whenever:
1. The municipal governing body deems it necessary; or
2. An application of the property owners owning more than one-
half in area of the property abutting on the public way or easement
previously closed is filed with the governing body.
D. Closing of the public way or easement shall not affect the
right to maintain, repair, reconstruct, operate or remove utility,
public service corporation, or transmission company facilities of
service therein, nor shall a closing affect private ways existing by
operation of law unless released in writing executed by the owners
thereof.
Laws 1977, c. 256, § 42-110, eff. July 1, 1978.
§11-42-111. Court action by owners to foreclose or reopen public way
- Petition.
Any owner of any real estate to which any public way or easement,
or any part thereof, has heretofore reverted or may hereafter revert
by closing, within the corporate limits of any municipality, may
commence an action in the district court in the county in which the
real estate is situated, upon filing a verified petition. The
petition shall show the passage of an ordinance closing the public
way or easement and ask for the foreclosure of the absolute right to
reopen the public way or easement or ask for the reopening of the
public way or easement. Attached to the verified petition shall be
the certificate of a bonded abstractor listing the names and mailing
addresses of all persons required to be notified as set forth in
Section 42-112 of this title.
Laws 1977, c. 256, § 42-111, eff. July 1, 1978.
§11-42-112. Notice of court action by owners to foreclose or reopen.
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Notice of the verified petition by a property owner to foreclose
the right to reopen the public way or to reopen the public way shall
be given by:
1. Service of summons to the municipality as provided in civil
action;
2. Service of summons to public service corporations,
transmission and utility companies or franchise holders having rights
in the public way or easement; and
3. a. Mailing by first class mail at least thirty (30) days
before the hearing a copy of the petition and a copy of
the notice to be published as provided in subparagraph
b of this paragraph to all owners of record, as shown
by the current year's tax rolls in the office of the
county treasurer, of property abutting that portion of
the public way or easement sought to be vacated, and
such other owners of record whose property abuts said
public way or easement within three hundred (300) feet
from that portion of said public way or easement sought
to be vacated; and to any person, firm or corporation,
not otherwise required to be notified, that is known by
the petitioner to claim an interest or rights in the
public way or easement. An affidavit verifying the
mailing of the petition and notice as provided for in
this subparagraph shall be filed in the action.
b. Notice to the public shall be given by one (1)
publication in a newspaper of general circulation
published in the county where the property is located,
which publication shall be at least thirty (30) days
prior to the hearing. The summons or publication
notice shall provide for an answer date not less than
twenty (20) days after issuance of the summons or first
publication notice.
Added by Laws 1977, c. 256, § 42-112, eff. July 1, 1978. Amended by
Laws 1988, c. 57, § 1, eff. Nov. 1, 1988; Laws 1997, c. 28, § 1, eff.
July 1, 1997.
§11-42-113. Hearing and disposition of petition to foreclose or
reopen.
A. At the hearing on the petition, the district court shall
inquire into the merits of the petition and take testimony as in any
special proceeding and, upon determination of the issues, may:
1. grant the foreclosure of the right to reopen the public way
or easement unless the municipality has established that it has a
present or future reason to reopen or use the public way or easement
as a public way or easement;
2. grant the request to reopen the public way or easement;
3. deny the petition; or
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4. make any proper order pursuant to the facts and the law.
B. The order granting foreclosure of the right to reopen the
vacated public way or easement, or portion thereof, shall vest a
complete fee simple title in and to the vacated part or portion
thereof which reverted to the real estate.
C. When any public way or easement is vacated, the same shall
revert to the owners of real estate adjacent to such public way or
easement on each side, in proportion to the frontage of the real
estate, except in cases where such public way or easement has been
taken and appropriated to public use in a different proportion, in
which case it shall revert to adjacent lots or real estate in
proportion to which it was taken from them or dedicated. Provided,
however, when any public way or easement so vacated remains bounded
on all sides by public ways, public grounds, or public easements,
title to the entire tract vacated shall vest in the municipality but
may then be used by the municipality or a leasehold conveyed by act
of the governing body for any lawful purpose, public or private.
Amended by Laws 1984, c. 126, § 73, eff. Nov. 1, 1984; Laws 1990, c.
194, § 2, emerg. eff. May 10, 1990.
§11-42-114. Limitation on claims for damages.
No one may maintain an action for damages against the parties
obtaining a decree of vacation of a public way or easement, their
heirs, assigns, or successors, unless commenced within ninety (90)
days after the decree of vacation has been rendered or the decree has
become final if an appeal has been taken.
Laws 1977, c. 256, § 42-114, eff. July 1, 1978.
§11-42-115. Validation.
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.
Laws 1977, c. 256, § 42-115, eff. July 1, 1978.
§11-43-101. General powers of municipalities.
For the purpose of promoting health, safety, morals, or the
general welfare of the community, a municipal governing body may
regulate and restrict the height, number of stories, and size of
buildings and other structures, the percentage of lot that may be
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occupied, the size of yards, courts and other open spaces, the
density of population, and the location and use of buildings,
structures and land for trade, industry, residence or other purposes.
Laws 1977, c. 256, § 43-101, eff. July 1, 1978.
§11-43-101.1. Restriction of use of or prohibition of future use of
property within certain military installation areas.
A. Any municipality in this state that is wholly or in part
within an Air Installation Compatible Use Zone (AICUZ) study area,
Joint Land Use Study (JLUS) area, Army Compatible Use Buffer (ACUB),
or an Environmental Noise Management Plan (ENMP) of an active duty,
National Guard or Reserve military installation may enact a city
ordinance restricting or prohibiting future uses for that
incorporated area which lies within the AICUZ, JLUS, ACUB, or ENMP
area and which may expose residents to noise greater than sixty-five
(65) Day-Night Noise Level (DNL) or accident potential that could
affect the public health, safety, and welfare, or interfere with
military operations, including aircraft operations. Such authority
shall not extend into the corporate limits of another municipality.
B. The ordinance shall restrict or prohibit future uses within
the AICUZ or JLUS area which:
1. Release into the air any substance which would impair
visibility or otherwise interfere with military operations, including
ground operations, such as steam, dust or smoke unless the substance
is generated from agricultural use;
2. Produce light emissions, either directly, or indirectly or by
reflective light, which would interfere with pilot vision, and aerial
or ground-based night vision training;
3. Produce electrical emissions which would interfere with
military ground and aircraft communications and navigation equipment;
4. Attract birds or waterfowl including, but not limited to,
operation of sanitary landfills and maintenance of feeding stations;
5. Provide for structures within ten (10) feet of defined
aircraft approach, departure, or transitional surfaces; or one
hundred (100) feet beneath a low-level military aircraft training
route as provided by the Federal Aviation Administration;
6. Expose persons to noise greater than sixty-five (65) DNL; or
7. Detract from the aesthetic appearance, or otherwise create or
promote an unsightly, unsanitary or unhealthy appearance of any
entrance into a military installation including, but not limited to,
automobile or truck salvage yards, equipment storage sites or solid
waste storage or disposal sites.
C. The ordinance shall restrict or prohibit future uses within
the AICUZ/JLUS area which violate any Federal Aviation Administration
height restriction in Title 14 of the Code of Federal Regulations (14
CFR) part 77, Objects Affecting Navigable Airspace.
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D. 1. The ordinance shall be consistent with the most current
recommendations or studies made by the United States Air Force
installations located at Altus Air Force Base located in Altus,
Oklahoma, Tinker Air Force Base located in Oklahoma City, Oklahoma,
and Vance Air Force Base located in Enid, Oklahoma, entitled “Air
Installation Compatible Use Zone Study” or studies made by the United
States Department of the Army installations located at Fort Sill in
Lawton, Oklahoma, entitled “Army Compatible Use Buffers” or any
similar zoning relating to or surrounding a military installation as
adopted by a county, city, or town or any combination of those
governmental entities and shall be consistent with the most current
recommendations; and
2. Interpretations of such ordinance shall consider the
recommendations or studies with a view to protection of the public
health, safety, and welfare and maintenance of safe military and
aircraft operations, and assure sustainability of installation
missions.
E. Subject to the provisions and requirements of paragraph 1 of
subsection D of this section, the ordinance shall not prohibit
single-family residential use on tracts of one (1) acre or more in
area, provided that future construction shall comply with the
“Guidelines for the Sound Insulation of Residences Exposed to
Aircraft Operations, Wyle Research Report WR 89-7". Such
construction shall be regulated and inspected by the municipality’s
existing building permit and inspection ordinances and procedures.
Added by Laws 2001, c. 352, § 2, emerg. eff. June 1, 2001. Amended
by Laws 2002, c. 41, § 1, emerg. eff. April 11, 2002; Laws 2004, c.
335, § 1, eff. Nov. 1, 2004; Laws 2006, c. 194, § 1, eff. Nov. 1,
2006.
§11-43-101.2. Potential state taxes list issued to building permit
applicants.
A. After the effective date of this act, the clerk of any
municipality or any other designated employee or official authorized
to issue building permits shall provide to an applicant for a
building permit a list, which shall be developed and provided to
municipalities of this state by the Oklahoma Tax Commission, of state
taxes which may potentially be assessed against any Oklahoma taxpayer
or out-of-state taxpayer who applies for a building permit in this
state. Such list shall include a paragraph in bold, conspicuous type
indicating the requirement for certain building permit applicants to
register with the Oklahoma Business Registration System of the Tax
Commission.
B. Upon the request for issuance of an occupancy permit, the
clerk or other designated employee or official shall request proof of
registration with the Tax Commission under their Oklahoma Business
Registration System. If the applicant does not provide proof of
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registration, the clerk shall immediately issue the occupancy permit
and shall advise the Tax Commission that the entity may not be
registered under the Oklahoma Business Registration System.
C. The Tax Commission may maintain, as part of its online
Business Registration System, the capability for an applicant to
obtain a document electronically which will serve as proof of
registration under the system.
D. This section shall not apply to building permits for new
construction or remodel projects less than Fifty Thousand Dollars
($50,000.00) in value.
Added by Laws 2010, c. 399, § 1, eff. Nov. 1, 2010.
§11-43-102. Establishing districts within municipality - Erection,
etc. of buildings - Uniformity of regulations - Sale for consumption
of low-point beer.
A. The municipal governing body may divide the municipality into
districts of such number, shape and area as it deems suitable in
carrying out its powers as to buildings, land and structures. Within
the districts it may regulate and restrict the erection,
construction, reconstruction, alteration, repair or use of buildings,
structures or land. All such regulations shall be uniform for each
class or kind of buildings throughout each district, but the
regulations in one district may differ from those in other districts.
B. The municipal governing body may enact nondiscriminatory
zoning ordinances regulating the location for the sale for
consumption on the premises of low-point beer, as defined in Section
163.2 of Title 37 of the Oklahoma Statutes, commonly called 3.2 beer;
provided, however, that no special or separate classification shall
be created only for businesses selling said product.
C. Nothing in this section shall be construed to apply to
telephone exchange buildings.
Added by Laws 1977, c. 256, § 43-102, eff. July 1, 1978. Amended by
Laws 1980, c. 49, § 1, eff. Oct. 1, 1980; Laws 1995, c. 274, § 3,
eff. Nov. 1, 1995.
§11-43-103. Purpose of regulations - Comprehensive plan.
Municipal regulations as to buildings, structures and land shall
be made in accordance with a comprehensive plan and be designed to
accomplish any of the following objectives:
1. To lessen congestion in the streets;
2. To secure safety from fire, panic and other dangers;
3. To promote health and the general welfare, including the
peace and quality of life of the district;
4. To provide adequate light and air;
5. To prevent the overcrowding of land;
6. To promote historical preservation;
7. To avoid undue concentration of population; or
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8. To facilitate the adequate provision of transportation,
water, sewerage, schools, parks and other public requirements.
The regulations shall be made with reasonable consideration, among
other things, as to the character of the district and its peculiar
suitability for particular uses, and with a view to conserving the
value of buildings and encouraging the most appropriate use of land
throughout the municipality. The governing body shall provide the
manner in which regulations, restrictions and district boundaries
shall be determined, established and enforced, and amended,
supplemented or changed.
Added by Laws 1977, c. 256, § 43-103, eff. July 1, 1978. Amended by
Laws 1991, c. 32, § 1, eff. Sept. 1, 1991; Laws 1999, c. 220, § 3,
eff. Nov. 1, 1999.
§11-43-104. Notice and public hearing of proposed regulations.
A. Parties in interest and citizens shall have an opportunity to
be heard at a public hearing before any district regulation,
restriction, or boundary shall become effective. At least fifteen
(15) days' notice of the date, time, and place of the hearing shall
be published in a newspaper of general circulation in the
municipality. The notice shall include a map of the area to be
affected which indicates street names or numbers, streams, or other
significant landmarks in the area.
B. In addition to the notice required in subsection A of this
section, if the zoning change requested permits the use of treatment
facilities, multiple family facilities, transitional living
facilities, halfway houses and any housing or facility that may be
used for medical or nonmedical detoxification as these terms are
defined pursuant to Section 3-403 of Title 43A of the Oklahoma
Statutes, the entity proposing the change in district regulation,
restriction, or boundary shall mail a written notice within thirty
(30) days of the hearing to all real property owners within one-
quarter (1/4) of a mile where the area to be affected is located and
shall be responsible for all costs incurred in mailing this notice.
For purposes of this subsection, "entity" means any individual,
corporation, company, firm, partnership, association, trust, state
agency, government instrumentality or agency, institution, county,
incorporated municipality or municipal authority or trust in which
any governmental entity is a beneficiary, venture, or other legal
entity however organized.
Added by Laws 1977, c. 256, § 43-104, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 74, eff. Nov. 1, 1984; Laws 2009, c. 226, § 1,
eff. Nov. 1, 2009.
§11-43-105. Amendments or changes of regulations, restrictions and
boundaries - Protests.
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A. Regulations, restrictions and district boundaries of
municipalities may be amended, supplemented, changed, modified or
repealed. The requirements of Section 43-104 of this title on public
hearings and notice shall apply to all proposed amendments or changes
to regulations, restrictions or district boundaries.
B. Protests against proposed changes shall be filed at least
three (3) days before the date of the public hearings. If protests
are filed by:
1. the owners of twenty percent (20%) or more of the area of the
lots included in a proposed change, or
2. the owners of fifty percent (50%) or more of the area of the
lots within a three hundred (300) foot radius of the exterior
boundary of the territory included in a proposed change;
then the proposed change or amendment shall not become effective
except by the favorable vote of three-fourths of all the members of
the municipal governing body where there are more than seven members
in the governing body, and by three-fifths favorable vote where there
are seven or less members in the governing body.
Laws 1977, c. 256, § 43-105, eff. July 1, 1978.
§11-43-106. Additional notice requirements for proposed zoning
changes and reclassifications.
A. Except as authorized in subsection B of this section, in
addition to the notice requirements provided for in Section 43-104 of
this title, notice of a public hearing on any proposed zoning change,
except by a municipality acting pursuant to subsection B of this
section, shall be given twenty (20) days prior to the hearing by
mailing written notice by the secretary of the planning commission,
or by the municipal clerk if there is no planning commission, to all
the owners of real property as provided for in Section 43-105 of this
title. In addition to the notice required in this subsection, if the
zoning change requested permits the use of treatment facilities,
multiple family facilities, transitional living facilities, halfway
houses and any housing or facility that may be used for medical or
nonmedical detoxification as these terms are defined pursuant to
Section 3-403 of Title 43A of the Oklahoma Statutes, the entity
proposing the zoning change shall mail a written notice within thirty
(30) days of the hearing to all real property owners within one-
quarter (1/4) of a mile where the area to be affected is located and
shall be responsible for all costs incurred in mailing this notice.
The notice shall contain the:
1. Legal description of the property and the street address or
approximate location in the municipality;
2. Present zoning of the property and the zoning sought by the
applicant; and
3. Date, time, and place of the public hearing.
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In addition to written notice requirements, notice may also be given
by posting notice of the hearing on the affected property at least
twenty (20) days before the date of the hearing.
For purposes of this subsection, "entity" means any individual,
corporation, company, firm, partnership, association, trust, state
agency, government instrumentality or agency, institution, county,
incorporated municipality or municipal authority or trust in which
any governmental entity is a beneficiary, venture, or other legal
entity however organized.
B. If a municipality proposes zoning reclassifications in order
to revise its comprehensive plan or official map or to identify areas
which require specific land use development due to topography,
geography, or other distinguishing features, including but not
limited to floodplain, drainage, historic preservation, and blighted
areas, the governing body may require, in addition to the notice
requirements provided for in Section 43-104 of this title, a sign to
be posted on designated properties within the area affected by the
proposed zoning reclassification. The sign and the lettering thereon
shall be of sufficient size so as to be clearly visible and legible
from the public street or streets toward which it faces. The notice
shall state:
1. The date, time, and place of the public hearing;
2. Who will conduct the public hearing;
3. The desired zoning classification;
4. The proposed use of the property; and
5. Other information as may be necessary to provide adequate and
timely public notice.
Added by Laws 1977, c. 256, § 43-106, eff. July 1, 1978. Amended by
Laws 1984, c. 126, § 75, eff. Nov. 1, 1984; Laws 2009, c. 226, § 2,
eff. Nov. 1, 2009.
§11-43-107. Injunction for violations of regulations.
If any building, structure or land is in violation of any
municipal ordinance or other regulation, the proper local authorities
of the municipality, or any other person affected thereby, in
addition to other remedies, may institute appropriate action or
proceedings to prevent any unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use;
to restrain, correct or abate any violation; to prevent the unlawful
occupancy of the building, structure or land; or to prevent any
illegal act, conduct, business or use in or about the premises.
Laws 1977, c. 256, § 43-107, eff. July 1, 1978.
§11-43-108. Governing act in case of conflict.
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
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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.
Added by Laws 1977, c. 256, § 43-108, eff. July 1, 1978. Amended by
Laws 2008, c. 307, § 8, eff. July 1, 2008.
§11-43-109. Appointment of zoning commission.
In order to avail itself of the powers conferred by this article,
the municipal governing body shall appoint a commission to be known
as the zoning commission to recommend the boundaries of the various
original districts and to recommend appropriate regulations to be
enforced therein. The commission shall make a preliminary report and
hold public hearings thereon before submitting its final report. The
governing body shall not hold its public hearings or take action
until it has received the final report of the commission. Where a
municipal planning commission already exists, it shall be appointed
as the zoning commission.
Laws 1977, c. 256, § 43-109, eff. July 1, 1978.
§11-43-109.1 Suit to challenge action, decision, ruling or order of
municipal governing body – Timing.
Any suit to challenge any action, decision, ruling or order of
the municipal governing body under the provisions of this article
shall be filed with the district court within thirty (30) business
days from the action, decision, ruling or order.
Added by Laws 2004, c. 314, § 2, eff. Nov. 1, 2004.
§11-43-109.2. Residential building permits - Verification of
contractor's insurance - Fees - Liability.
A. Any entity that issues building permits shall, before
issuance of a residential building permit, obtain a certificate of
insurance from the appropriate insurer that the contractor has
general liability insurance in an amount required by other
construction trade contractors licensed by the Construction
Industries Board and that the contractor has workers’ compensation
insurance or a workers’ compensation exemption verification document.
A residential building permit shall be defined for this section as
any building permit for a single-family or a duplex residential
structure and shall include construction of a new structure, remodel
of an existing structure, and the addition to an existing structure.
Not included under the definition of a residential building permit
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are a single-family or a duplex carport, patio cover, storage
building, accessory building, pool, or fence.
B. This provision shall not apply to a person or persons
performing the construction or remodeling to his, her, or their own
single-family or duplex structure on their own property regardless if
the construction or remodeling is to a single family or duplex
structure that is also for rental purposes, unless the modifications
are being performed by and the permit is acquired by a general
contractor or subcontractor, in which case the general contractor or
subcontractor shall meet the requirements set forth in subsection A
of this section.
C. If the entity should require a contractor to register in
order to monitor insurance verifications, the registration fee shall
not exceed the fee assessed by the entity for other construction
trade contractors licensed by the Construction Industries Board.
D. The entity shall not be liable if the documentation provided
is false or if the general liability insurance or workers’
compensation insurance lapses after the building permit is issued.
Added by Laws 2009, c. 206, § 1, eff. Nov. 1, 2009. Amended by Laws
2010, c. 54, § 1, emerg. eff. April 9, 2010.
§11-43-110. Planned unit developments - Zoning ordinances - Required
regulations - Notice and hearing - Consideration of requests -
Incorporation of other land development ordinances and statutes.
A. As used in this section, "planned unit development" includes
cluster housing, planned residential and nonresidential development,
community unit plan, and other zoning requirements which are designed
to accomplish the objectives of a comprehensive plan and zoning
ordinance through a land development project review process based on
the application of site planning criteria to achieve integration of
the proposed land development project with the characteristics of the
project area.
B. A municipal governing body may establish planned unit
development requirements and procedures in a zoning ordinance which
permit flexibility in the regulation of land development; encourage
innovation in land use and variety in design, layout and type of
structures constructed; achieve efficiency in the use of land,
natural resources, energy and the providing of public services and
utilities; encourage useful open space; and provide better housing,
employment and shopping opportunities particularly suited to the
needs of the residents of the state. The review and approval of a
planned unit development shall be made by either the planning
commission or the governing body.
C. Within a designated planned unit development, conditions
relating to the use of land, including but not limited to, permitted
uses, lot sizes, setbacks, height limits, required facilities,
buffers, open space areas, lighting, signage, landscaping, parking
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and loading, compatibility, and land use density shall be determined
in accordance with the planned unit development regulations specified
in the zoning ordinance. The planned unit development conditions
need not be uniform with regard to each type of land use if equitable
procedures recognizing due process principles and avoiding arbitrary
decisions have been followed in making regulatory decisions.
D. The planned unit development regulations established by a
municipality shall specify the following:
1. The body which shall review and approve planned unit
development requests and amend the same;
2. The conditions which create planned unit development
eligibility, the persons and agencies involved in the review process,
if any, and the requirements and standards upon which applications
will be reviewed and approval granted; and
3. The procedures required for application, review and approval.
E. Following receipt of a request for a planned unit
development, at least one public hearing shall be held. An ordinance
may provide for one or more preapplication conferences before
submission of a planned unit development request, and the submission
of preliminary site plans before the public hearing. Notification of
the public hearing shall be given by mail in the same manner as
required by Section 43-106 of this title for public hearings on
proposed zoning changes. In addition, a municipality may require
notice by posting and/or publication. Within a reasonable time
following the public hearing, the body responsible for approving
planned unit developments shall deny the request, approve the
request, or approve the request with conditions.
1. Should the ordinance require that the municipal governing
body amend the ordinance to act on the planned unit development
request, the planning commission shall conduct the public hearing and
make recommendations on the planned unit development request which
shall be transmitted to the municipal governing body for
consideration in making a final decision. If an amendment of a
zoning ordinance is required by the planned unit development
regulations of a municipal zoning ordinance, the requirements of this
act for amendment of a zoning ordinance shall be followed.
2. If the planned unit development regulations of a municipal
zoning ordinance do not require amendment of the ordinance to
authorize a planned unit development, the body charged in the zoning
ordinance with review and approval of planned unit developments may
approve, approve with conditions, or deny a request.
F. Final approvals may be granted on each phase of multiphased
planned unit developments if each phase contains the necessary
consideration of the natural environment and the health, safety, and
welfare of the users of the planned unit development and the
landowners immediately adjacent thereto.
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G. In establishing planned unit development regulations, a
municipal governing body may incorporate by reference other available
and applicable ordinances or statutes which regulate land
development. The planned unit development regulations contained in
zoning ordinances shall encourage complementary relationships between
zoning regulations and other requirements affecting the development
of land.
Added by Laws 1990, c. 215, § 1, emerg. eff. May 18, 1990.
§11-43-111. Conditions of approval - Standards of evaluation -
Record of conditions.
A. If a municipal zoning ordinance authorizes the consideration
and approval of planned unit developments pursuant to Section 2 of
this act, or otherwise provides for discretionary decisions, the
regulations and standards upon which those decisions are made shall
be specified in the ordinance. The standards shall be consistent
with, and promote the intent and purpose of the comprehensive plan
and/or any ordinances, and promote the land use or activity so as to
be compatible with adjacent uses of land, the natural environment,
and the planned capacities of public services and facilities affected
by the land use. The standards shall also ensure that the land use
or activity is consistent with the public health, safety, and welfare
of the municipality.
B. Reasonable conditions may be required in conjunction with the
approval of a planned unit development. Conditions imposed shall
meet the following requirements:
1. Be designed to take into consideration natural environment,
the health, safety and welfare of the residents, and landowners
immediately adjacent to the proposed land use or activity, and the
community as a whole.
2. Be related to the valid exercise of the police power, and to
the proposed use or activity.
3. Be necessary to meet the intent and purpose of the zoning
requirements; be related to the standards established in the
ordinance for the land use or activity under consideration; and be
necessary to ensure compliance with those standards.
C. The conditions imposed with respect to the approval of a land
use or activity shall be stated in the record of the approval
actions, and shall not be changed or amended except as authorized by
the zoning ordinance with notice as specified thereby. The approving
body shall maintain a record of conditions which are changed.
Added by Laws 1990, c. 215, § 2, emerg. eff. May 18, 1990.
§11-43-112. Site plans - Submission, review and approval - Changes -
Validity of prior approved developments.
A. As used in the section, "site plan" means the documents and
plans specified in the zoning ordinance needed to ensure that a
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proposed land use or activity is in compliance with the ordinances
and applicable state and federal regulations, if any.
B. The procedures and requirements for the submission and
approval of site plans shall be specified in the zoning ordinance.
Site plan submission, review and approval shall be required for
planned unit developments. Decisions denying, approving, or
conditionally approving a site plan shall be based upon the approved
planned unit development conditions and standards, and requirements
contained in the zoning ordinance.
C. Changes to the approval site plan may be authorized by the
zoning ordinance with notice as specified thereby.
D. Nothing set out in this section or Sections 2 and 3 of this
act shall invalidate a planned unit development approved by a
municipality prior to the effective date of these sections.
Added by Laws 1990, c. 215, § 3, emerg. eff. May 18, 1990.
§11-43-113. Specific use permits - List of uses - Conditions for use
of land - Public hearing.
A. As used in this act, “specific use permit” means a permit
granted by a municipal governing body, after notice and a hearing and
preliminary review and recommendation of a municipal planning
commission, for a specific use within any zoning district.
Municipalities may enact an ordinance provision for specific use
permit. Any municipality enacting an ordinance providing for
specific use permits shall enumerate a list of uses which it has
determined more intensely dominate the area in which they are to be
located or their effects on the general public are broader in scope
than other types of uses which are permitted in a zoning district.
An entity with a use which is enumerated on the list may, by
application for a specific use permit, locate in a zoning district
for which such use would not normally be allowed or could be allowed,
but due to its potential impact on surrounding properties, must
secure a specific use permit.
B. The types of uses for which a specific use permit may be
required shall be those types of uses which, because of the size of
the land they require or the specialized nature of the use, may more
intensely dominate the area in which they are located and their
effects on the general public are broader in scope than other uses
permitted in the district.
C. The designation of a specific use as possible on the specific
use list shall not constitute an authorization or an assurance that
such use will be permitted. Rather, each specific use permit
application shall be viewed as to its probable effect on the adjacent
properties and community welfare and may be approved or denied as the
findings indicate appropriate.
D. In granting a specific use permit, the governing body of the
municipality may require conditions related to the use of land,
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including, but not limited to, permitted uses, lot sizes, setback,
height limits, required facilities, buffers, open space areas,
lighting, signage, landscaping, parking and loading, compatibility,
land use density, bonding, insurance and such other development
standards and operational conditions and safeguards as are indicated
to be important to the welfare and protection of adjacent property
and the community as a whole. This may include having the property
platted and/or the requirement of the dedication of sufficient right-
of-way or easement as necessary to further the public good. Such
conditions shall be determined in accordance with the regulations
specified in the zoning ordinance. The conditions need not be
uniform with regard to each type of land use if equitable procedures
recognizing due process principles and avoiding arbitrary decisions
have been followed in making regulatory decisions.
E. The specific use permit regulations established by a
municipality shall specify the following:
1. The body which shall review and approve specific use permit
requests and amend the same;
2. The conditions which create specific use permit eligibility,
the persons and agencies involved in the review process, if any, and
the requirements and standards upon which applications will be
reviewed and approval granted; and
3. The procedures required for application, review and approval.
F. Following receipt of a request for a specific use permit, at
least one public hearing shall be held. An ordinance may provide for
one or more preapplication conferences before submission of a
request, the submission of a deposit necessary for payment of
application and permit expenses, and the submission of preliminary
site plans before the public hearing. Notification of the public
hearing shall be given by mail in the same manner as required by
Section 43-106 of Title 11 of the Oklahoma Statutes for public
hearings on proposed zoning changes. Within a reasonable time
following the public hearing, the body responsible for approving a
specific use permit shall deny the request, approve the request, or
approve the request with the following conditions:
1. The planning commission shall conduct a public hearing and
make recommendations on the specific use permit request which shall
be transmitted to the municipal governing body for consideration in
making a final decision. If an amendment of a zoning ordinance is
required by the specific use permit regulations of a municipal zoning
ordinance, the requirements for amendment of a zoning ordinance shall
be followed; and
2. If the specific use permit regulations of a municipal zoning
ordinance do not require amendment of the ordinance with review and
approval of specific use permits, the municipal governing body may
approve, approve with conditions, or deny a request.
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G. In establishing specific use permit ordinances, the municipal
governing body may incorporate by reference other available and
applicable ordinances or statutes which regulate land development.
Added by Laws 2003, c.18, § 1, eff. Nov. 1, 2003. Amended by Laws
2008, c. 6, § 2, emerg. eff. April 4, 2008.
§11-43-114. Decision-making regulations and standards - Conditions
of approval.
A. If a municipal zoning ordinance authorizes the consideration
and approval of a specific use permit pursuant to the provisions of
this act, the regulations and standards upon which those decisions
are made shall be specified in the ordinance. The standards shall be
consistent with, and promote the intent and purpose of the
comprehensive plan and/or ordinances, and promote the land use or
activity so as to be compatible with adjacent uses of land, the
natural environment, and the planned capacities of public services
and facilities affected by the land use. The standards shall also
ensure that the land use or activity is consistent with the public
health, safety, and welfare of the municipality.
B. Reasonable conditions may be required in conjunction with the
approval of a specific use permit. Conditions imposed shall meet the
following requirements:
1. Be designed to take into consideration natural environment,
the health, safety, and welfare of the residents and landowners
immediately adjacent to the proposed land use or activity, and the
community as a whole;
2. Be related to the valid exercise of the police power, and to
the proposed use or activity;
3. Be necessary to meet the intent and purpose of the zoning
requirements;
4. Be related to the standards established in the ordinance for
the land use or activity under consideration; and
5. Be necessary to ensure compliance with those standards.
C. The conditions imposed with respect to the approval of a
specific use permit shall be stated in the record of the approval
actions, and shall not be changed or amended except as authorized by
the zoning ordinance with notice as specified thereby. The approving
body shall maintain a record of conditions which are changed.
Added by Laws 2003, c 18, § 2, eff. Nov. 1, 2003.
§11-43-115. Site plans - Submission and approval.
A. As used in this section, “site plan” means the documents and
plans specified in the zoning ordinance which are needed to ensure
that a proposed land use or activity is in compliance with the
ordinances and applicable state and federal regulations, if any.
B. The procedures and requirements for the submission and
approval of site plans shall be specified in the zoning ordinance.
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Site plan submission review and approval shall be required for
specific use permits. Decisions denying, approving, or conditionally
approving a site plan shall be based upon the approved specific use
permit conditions and standards, and requirements contained in the
zoning ordinance.
C. Changes to the approved site plan may be authorized by the
zoning ordinance with notice as specified thereby.
D. The ordinance providing for specific use permits may provide
that the permit shall become void if the use ceases for a specified
period of time or if the use does not commence within a specified
time after the granting of the specific use permit.
E. Nothing set out in this section or Sections 1 and 2 of this
act shall invalidate a specific use permit approved by a municipality
prior to the effective date of these sections whether named a
specific use permit or conditional use permit or other term but
having as its purpose the same or similar purpose herein provided and
which provided notice and an opportunity for hearing prior to
approval.
Added by Laws 2003, c. 18, § 3, eff. Nov. 1, 2003.
§11-44-101. Board of adjustment - Appointment.
Where a municipality is exercising zoning powers, as conferred by
Sections 43-101 through 43-109 of this title, the governing body of
the municipality shall provide by ordinance for the appointment of a
Board of Adjustment. The board of adjustment shall consist of five
(5) members, each to be appointed for a term of three (3) years and
removable for cause by the governing body, upon written charges and
after public hearing. Vacancies shall be filled for the unexpired
term of any member whose term becomes vacant.
Laws 1977, c. 256, § 44-101, eff. July 1, 1978.
§11-44-102. Meetings and rules.
The board of adjustment shall adopt rules in accordance with the
provisions of the ordinance adopted by the municipal governing body.
Meetings of the board of adjustment shall be held at the call of the
chairman and at such other times as the board of adjustment may
determine. The chairman, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. The board
of adjustment shall be subject to the open meeting laws of the state
and all meetings, deliberations and voting of the board shall be open
to the public. The board of adjustment shall keep minutes of its
proceedings, showing the vote of each member upon each question, or,
if absent or failing to vote, indicating such fact, and shall keep
records of all official actions, all of which shall be immediately
filed in the office of the board of adjustment and shall be public
record.
Laws 1977, c. 256, § 44-102, eff. July 1, 1978.
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§11-44-103. Board of adjustment in cities over 200,000 population -
Hearings and compensation.
In any city which has a population in excess of two hundred
thousand (200,000), the board of adjustment shall hold a minimum of
two regular scheduled public hearings per month, unless the city also
has a board of building code appeals which holds at least one meeting
each month in addition to the monthly meeting of the board of
adjustment. The members of the board of adjustment may receive a per
diem of Twenty-five Dollars ($25.00) for each meeting attended not to
exceed Fifty Dollars ($50.00) per month.
Laws 1977, c. 256, § 44-103, eff. July 1, 1978.
§11-44-104. Powers.
The board of adjustment shall have the power to:
1. hear and decide appeals if it is alleged there is error in
any order, requirement, decision, or determination made by an
administrative official in the enforcement of any zoning ordinance;
2. hear and decide special exceptions to the zoning ordinance to
allow a use, or a specifically designated element associated with a
use, which is not permitted by right in a particular district because
of potential adverse effect, but which if controlled in the
particular instance as to its relationship to the neighborhood and to
the general welfare, may be permitted by the board of adjustment,
where specifically authorized by the zoning ordinance, and in
accordance with the substantive and procedural standards of the
zoning ordinance;
3. authorize in specific cases a variance from the terms,
standards and criteria that pertain to an allowed use category within
a zoning district as authorized by the zoning ordinance when such
cases are shown not to be contrary to the public interest if, owing
to special conditions, a literal enforcement of the provisions of the
ordinance will result in unnecessary hardship and so that the spirit
of the ordinance shall be observed and substantial justice done;
provided, however, the board shall have no power to authorize
variances as to use except as provided by paragraph 4 of this
section;
4. hear and decide oil and/or gas applications or appeals unless
prohibited throughout a municipality by municipal ordinance. The
board of adjustment shall be required to make the findings prescribed
by Section 44-107 of this title in order to grant a variance as to
use with respect to any such application or appeal.
Exceptions and/or variances may be allowed by the board of
adjustment only after notice and hearing as provided in Section 44-
108 of this title. The record of the meeting at which the variance
or special exception was granted shall show that each element of a
variance or special exception was established at the public hearing
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on the question, otherwise said variance or special exception shall
be voidable on appeal to the district court.
Amended by Laws 1984, c. 126, § 76, eff. Nov. 1, 1984; Laws 1988, c.
198, § 1, emerg. eff. June 9, 1988.
§11-44-105. Extent of relief.
A. When exercising the powers provided for in Section 44-104 of
this title, the board of adjustment, in conformity with the
provisionsof the ordinance, may reverse or affirm, in whole or in
part, or modify the order, requirement, decision, or determination
from which appealed and may make such order, requirement, decision,
or determination as ought to be made.
B. The concurring vote of at least three members of the board of
adjustment shall be necessary to reverse any order, requirement,
decision, or determination being appealed from, to decide in favor of
the applicant, or to decide any matter which may properly come before
it pursuant to the zoning ordinance and Section 44-104 of this title.
Amended by Laws 1984, c. 126, § 77, eff. Nov. 1, 1984; Laws 1988, c.
198, § 2, emerg. eff. June 9, 1988.
§11-44-106. Special exceptions.
The municipal governing body may authorize the board of
adjustment to make special exceptions to specific uses allowed within
each zoning category according to the zoning ordinance in appropriate
cases and subject to appropriate conditions and safeguards in harmony
with its general purpose and intent and only in accordance with
general or specific provisions contained in the zoning ordinance.
Amended by Laws 1988, c. 198, § 3, emerg. eff. June 9, 1988.
§11-44-107. Variances.
A variance from the terms, standards and criteria that pertain to
an allowed use category within a zoning district as authorized by the
zoning ordinance may be granted, in whole, in part, or upon
reasonable conditions as provided in this article, only upon a
finding by the board of adjustment that:
1. The application of the ordinance to the particular piece of
property would create an unnecessary hardship;
2. Such conditions are peculiar to the particular piece of
property involved;
3. Relief, if granted, would not cause substantial detriment to
the public good, or impair the purposes and intent of the ordinance
or the comprehensive plan; and
4. The variance, if granted, would be the minimum necessary to
alleviate the unnecessary hardship.
Amended by Laws 1988, c. 198, § 4, emerg. eff. June 9, 1988.
§11-44-107.1. Nonconforming use - Termination - Exception.
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A. The lawful nonconforming use of a building, structure or
premises as such existed at the time of the adoption and recording of
any ordinance affecting it, may be continued, although such use does
not conform with the provisions of such ordinance. The municipality
may provide for the termination of lawful nonconforming uses either
by specifying the period or periods within which such use shall be
required to cease, or by designating conditions or circumstances
which shall cause such use to cease, or by providing a formula or
formulas whereby the compulsory termination of a nonconforming use
shall be so fixed as to allow a reasonable period for the
amortization of the investment in the nonconformance.
B. Regulations and restrictions affecting the termination of
nonconforming uses as authorized by this section may be adopted or
amended by the municipality only after notice and hearing as provided
in Sections 43-104 and 43-105 of Title 11 of the Oklahoma Statutes.
C. Nothing in this section shall be construed to permit or
authorize municipalities to terminate lawful nonconforming uses
consisting of oil and/or gas activity.
D. Nothing in this section shall be construed to permit or
authorize municipalities to terminate a lawfully erected
nonconforming sign unless such sign is altered in a manner that
increases the degree of nonconformity or is abandoned for a period of
more than two (2) years.
Added by Laws 1988, c. 198, § 5, emerg. eff. June 9, 1988. Amended
by Laws 1994, c. 125, § 3, eff. Sept. 1, 1994.
§11-44-108. Notice and hearings - Contents of notice - Minor
variances or exceptions.
A. Notice of public hearing before the board of adjustment shall
be given by publication in a newspaper of general circulation in the
municipality where the property is located and by mailing written
notice by the clerk of the board of adjustment to all owners of
property within a three hundred (300) foot radius of the exterior
boundary of the subject property. A copy of the published notice may
be mailed in lieu of written notice; however, the notice by
publication and written notice shall be published and mailed at least
ten (10) days prior to the hearing.
B. The notice, whether by publication or mail, of a public
hearing before the board of adjustment shall contain:
1. Legal description of the property and the street address or
approximate location in the municipality;
2. Present zoning classification of the property and the nature
of the appeal, variance or exception requested; and
3. Date, time and place of the hearing.
C. On hearings involving minor variances or exceptions, notice
shall be given by the clerk of the board of adjustment by mailing
written notice to all owners of property adjacent to the subject
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property. The notice shall be mailed at least ten (10) days prior to
the hearing and shall contain the facts listed in subsection B of
this section. The board of adjustment shall set forth in a statement
of policy what constitutes minor variances or exceptions, subject to
approval or amendment by the municipal governing body.
Laws 1977, c. 256, § 44-108, eff. July 1, 1978.
§11-44-109. Procedure for appeals to the board of adjustment.
The municipal governing body shall provide by ordinance for
appeals from any action or decision of an administrative officer
acting pursuant to any zoning ordinance to the board of adjustment in
the following manner:
1. Appeals from the action of any administrative officer to the
board of adjustment may be taken by any person aggrieved or by any
officer, department, board or bureau of the municipality affected by
any decision of the administrative officer;
2. An appeal shall be taken within the time limits as fixed by
municipal ordinance by filing with the officer from whom the appeal
is taken and by filing with the board of adjustment a notice of
appeal specifying the grounds therefor. The officer from whom the
appeal is taken shall forthwith transmit to the board of adjustment
certified copies of all the papers constituting the record of the
matter, together with a copy of the ruling or order from which the
appeal is taken;
3. An appeal stays all proceedings in furtherance of the action
appealed from, unless the officer from whom the appeal is taken
certifies to the board of adjustment after the notice of appeal has
been filed with him that by reason of facts stated in the certificate
a stay would in his opinion cause imminent peril to life or property.
In such case the proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the board of adjustment or
by a court of record on application or notice to the officer from
whom the appeal is taken and on due cause shown; and
4. The board of adjustment shall fix a reasonable time for the
hearing of the appeal, give public notice thereof, as well as due
notice to the parties in interest, and decide the same within a
reasonable time. Upon the hearing any party may appear in person or
by agent or by attorney.
Laws 1977, c. 256, § 44-109, eff. July 1, 1978.
§11-44-110. Appeals from the board of adjustment.
A. An appeal from any action, decision, ruling, judgment or
order of the board of adjustment may be taken by any person or
persons who were entitled, pursuant to Section 44-108 of this title,
to mailed notice of the public hearing before the board of
adjustment, by any person or persons whose property interests are
directly affected by such action, decision, ruling, judgment or order
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of the board of adjustment, or by the governing body of the
municipality to the district court in the county in which the situs
of the municipality is located.
B. The appeal shall be taken by filing with the municipal clerk
and with the clerk of the board of adjustment, within the time limits
which may be fixed by ordinance, a notice of appeal. The notice
shall specify the grounds for the appeal. No bond or deposit for
costs shall be required for such appeal.
C. Upon filing the notice of appeal, the board of adjustment
shall forthwith transmit to the court clerk the original, or
certified copies, of all papers constituting the record in the case,
together with the order, decision or ruling of the board.
D. The appeal shall be heard and tried de novo in the district
court. All issues in any proceedings under this section shall have
preference over all other civil actions and proceedings.
E. During the pendency of such an appeal, the effectiveness of a
decision of the board of adjustment shall not be suspended unless a
party applies to the district court for a stay pending the district
court's determination of the merits of the appeal. Notice of such
application shall be given by first class mail to all parties, to the
district court appeal and to any applicant before the board of
adjustment. Upon filing of an application for stay in the district
court, all proceedings in furtherance of the action appealed from
shall be temporarily stayed pending the outcome of a hearing
regarding the stay, which shall be conducted within thirty (30) days
of application. The Court shall determine whether to impose a stay
by considering the following factors: (i) the likelihood of success
on the merits by the party seeking to impose the stay, (ii)
irreparable harm to the property interests of the party seeking to
impose the stay if the stay is not imposed, (iii) relative effect on
the other interested parties, and (iv) public policy concerns arising
out of the imposition of the stay. If the court determines to impose
a stay, the court shall require a bond or other security and such
other terms as it deems proper to secure the rights of the parties
and compensate for costs of delay. A bond or other security shall be
posted within ten (10) business days of the court's determination;
provided, that a municipal governing body shall not be required to
post a bond. Subject to subsection A of Section 990.3 of Title 12 of
the Oklahoma Statutes, a stay pursuant to this subsection shall
automatically dissolve after a judgment, decree or final order
resolving the merits of the appeal is filed with the court clerk.
Notwithstanding any provision of law to the contrary, stays in
appeals from the board of adjustment to the district court shall be
obtained only as set forth in this section.
F. The district court may reverse or affirm, wholly or partly,
or modify the decision brought up for review. Costs shall not be
allowed against the board of adjustment unless it shall appear to the
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district court that the board acted with gross negligence or in bad
faith or with malice in making the decision appealed from. An appeal
shall lie from the action of the district court as in all other civil
actions. A party may obtain a stay of the enforcement of the
district court's judgment, decree or final order as provided by
Section 990.4 of Title 12 of the Oklahoma Statutes.
Added by Laws 1977, c. 256, § 44-110, eff. July 1, 1978. Amended by
Laws 2016, c. 11, § 1, emerg. eff. April 5, 2016.
§11-45-101. Municipal planning commissions - Appointment authorized
- Ordinances.
A municipal governing body may appoint a municipal planning
commission whenever it is deemed expedient and may pass suitable
ordinances for carrying out the provisions of this article.
Laws 1977, c. 256, § 45-101, eff. July 1, 1978.
§11-45-102. Members of municipal planning commission - Compensation.
The municipal planning commission shall consist of not less than
five (5) citizens, all of whom shall reside within the municipality.
The members shall be nominated by the mayor and confirmed by the
governing body of the municipality. Each member shall serve for a
term of three (3) years. When the commission is first appointed, the
terms of one-third (1/3) of the members shall be for three (3) years,
one-third (1/3) for two (2) years, and one-third (1/3) for one (1)
year. Appointments to fill vacancies shall be for the unexpired term
only. The members of the commission shall serve without pay, except
that in cities having a population of more than two hundred thousand
(200,000), the commissioners may receive a per diem as set by the
municipal governing body, not to exceed Twenty-five Dollars ($25.00)
for each meeting attended or One Hundred Dollars ($100.00) per month.
Amended by Laws 1984, c. 126, § 78, eff. Nov. 1, 1984.
§11-45-103. Duties and powers of the planning commission -
Employees.
The planning commission shall prepare from time to time plans for
the betterment of the municipality as a place of residence or for
business. It may consider and investigate any subject matter tending
to the development and betterment of the municipality, and make
recommendations as it may deem advisable concerning the adoption
thereof, to any department of the municipal government, and for any
purpose make or cause to be made surveys, maps or plans. The
commission shall have the power and authority to employ engineers,
attorneys, clerks and a secretary, or any other help deemed
necessary, subject to the approval of the municipal governing body.
The salaries and compensation of any planning commission employees
shall be fixed by the governing body and shall be paid out of the
municipal treasury as other officers and employees. The necessary
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expenses incurred by the commission shall be appropriated and paid
out of the municipal treasury as other legal expenses of the
municipality, but in no event may the planning commission be
authorized to create a deficiency.
Laws 1977, c. 256, § 45-103, eff. July 1, 1978.
§11-45-104. Public improvements and plats of land - Planning
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
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
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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
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
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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.
Added by Laws 1977, c. 256, § 45-104, eff. July 1, 1978. Amended by
Laws 1978, c. 126, § 1, eff. July 1, 1978; Laws 1984, c. 126, § 79,
eff. Nov. 1, 1984; Laws 1989, c. 231, § 1, eff. Nov. 1, 1989; Laws
2002, c. 274, § 1, eff. July 1, 2002; Laws 2004, c. 20, § 1, eff.
July 1, 2004.
§11-45-106. Suit to challenge action, decision, ruling or order of
municipal planning commission – Timing.
Any suit to challenge any action, decision, ruling or order of
the municipal planning commission under provisions of this article
shall be filed with the district court within thirty (30) business
days from the action, decision, ruling or order.
Added by Laws 2004, c. 314, § 3, eff. Nov. 1, 2004.
§11-46-101. Regional planning commissions - Appointment authorized -
Members - Compensation.
Any municipality may appoint a regional planning commission. The
members of the regional planning commission shall consist of the
members of the municipal planning commission. The mayor, municipal
engineer, chairman of the board of county commissioners, and county
engineer shall be ex officio voting members of the commission but
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shall not be counted for purposes of a quorum. Members of the
regional planning commission shall serve without pay.
Amended by Laws 1984, c. 126, § 80, eff. Nov. 1, 1984.
§11-46-102. Jurisdiction of regional planning commission.
The regional planning commission shall have jurisdiction over a
regional district which shall be construed to mean any land outside
the incorporated limits of any municipality whose any one boundary,
at any point, shall be within a distance of three (3) miles from the
incorporated limits of the municipality.
Laws 1977, c. 256, § 46-102, eff. July 1, 1978.
§11-46-103. Duties and powers of regional planning commission -
Employees and expenses.
The regional planning commission shall prepare from time to time
plans for the systematic development and betterment of the regional
district for residence, manufacturing or business purposes. It may
consider and investigate any subject matter tending to the
development and betterment of such regional district and make
recommendations as it may deem advisable concerning the adoption
thereof to any department of the municipal or county government, and
for any purpose make or cause to be made surveys, maps or plans. The
commission shall have the power and authority to employ attorneys,
engineers, clerks and a secretary, and to pay for their services, and
to pay for such other expenses as the commission may lawfully incur,
including the necessary disbursements incurred by its members in the
performance of their duties as members of the commission. It shall
be lawful for the board of county commissioners to appropriate money
for the expenses of such regional planning commission.
Laws 1977, c. 256, § 46-103, eff. July 1, 1978.
§11-46-104. Public improvements and plats of land - Regional
planning commission review - Rural land not served by municipal water
and sewer facilities - Punishment for violation.
A. Before final action shall be taken by any municipal or county
government or department thereof on the location and design of any
public buildings, statue, memorial, park, parkway, boulevard,
playground, public grounds, or bridge, within such regional district,
the question shall be submitted to the regional planning commission
for investigation and report.
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 such
regional district, shall first be submitted to the regional planning
commission and approved by it before it shall be entitled to record
in the office of the county clerk. It shall be unlawful to receive
or record any such plat, plan or replat in any public office unless
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the same shall bear thereon, by endorsement or otherwise, the
approval of the regional planning commission. The disapproval of any
such plan, plat or replat by the regional planning commission shall
be deemed a refusal of the proposed dedication shown thereon.
C. In any regional district which contains large areas of rural
land not served by water and sewer facilities by any governmental
entity, the use of private roadways in either platted or unplatted
areas shall be recognized and authorized and building permits to
property owners abutting upon the private roadways shall be issued
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 governmental entity;
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. No municipality or county shall have responsibility for the
maintenance and repair of the private roadway;
7. If the property is platted, there shall be emblemized 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 any municipality or county;
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 or
county)." At any time after use of such private roadway is
recognized and authorized pursuant to law, 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 applicable
requirements of the municipality or county. 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. The provisions of any ordinance, planning
commission regulation or statute relating to subdivisions which are
in conflict with this section are hereby superseded; and
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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.
D. Any person, partnership or corporation violating any of the
provisions of Sections 46-101 through 46-104 of this title, upon
conviction thereof, shall be fined not less than Two Hundred Dollars
($200.00) nor more than One Thousand Dollars ($1,000.00), or
imprisoned in the county jail for a term not less than thirty (30)
days, nor more than six (6) months, or may be subjected to both such
fine and imprisonment.
Added by Laws 1977, c. 256, § 46-104, eff. July 1, 1978. Amended by
Laws 1978, c. 126, § 2, eff. July 1, 1978.
§11-46-105. Suit to challenge action, decision, ruling or order of
regional planning commission – Timing.
Any suit to challenge any action, decision, ruling or order of
the regional planning commission under the provisions of this article
shall be filed with the district court within thirty (30) days from
the action, decision, ruling or order.
Added by Laws 2004, c. 314, § 4, eff. Nov. 1, 2004.
§11-47-101. Application and definitions.
The provisions of Sections 47-101 through 47-124 of this title
are applicable to all cities which have a population of not less than
two hundred thousand (200,000) according to the latest federal
census. The following terms, when used in this article, shall have
the meanings respectively provided for them in this section:
1. "Municipality" means any incorporated city of over two
hundred thousand (200,000) population;
2. "Mayor" means the chief executive of the municipality,
whether the official designation of his office be mayor, city
manager, or otherwise;
3. "Council" means the chief legislative body of the
municipality;
4. "Streets" includes streets, avenues, boulevards, roads,
lanes, alleys, viaducts, and other ways;
5. "Subdivision" means the division of a lot, tract, or parcel
of land into two or more lots, plats, sites, or other divisions of
land for the purpose, whether immediate or future, of sale or of
building development. It includes resubdivision and when appropriate
to the context, relates to the process of subdividing or to the land
or territory subdivided; and
6. "Commission" means the city planning commission.
Laws 1977, c. 256, § 47-101, eff. July 1, 1978.
§11-47-102. Grant of power to municipality.
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Any municipality may make, adopt, amend, extend, add to, or carry
out a municipal plan as provided in this article and create by
ordinance a planning commission with the powers and duties herein set
forth. The planning commission shall be designated as the city
planning commission.
Laws 1977, c. 256, § 47-102, eff. July 1, 1978.
§11-47-103. City planning commission - Membership.
The city planning commission shall consist of nine (9) members to
be appointed by the mayor, if the mayor be an elective officer,
otherwise by such officer as the council may designate as the
appointing power in the ordinance creating the commission. In a
municipality which is divided into wards or other subdivisions for
the election of members of the council, one member shall be appointed
to the planning commission from each of the wards or subdivisions.
All members of the commission shall serve as such without
compensation, and the members shall hold no other municipal office,
except that one member may be a member of the zoning board of
adjustment or appeals and no more than four members may serve on
design committees or commissions. The term of each member shall be
six (6) years or until his or her successor is appointed and
qualified; except that when the commission is first appointed, the
respective terms of three of the members shall be three (3), four (4)
and five (5) years. Members may be removed by the mayor, after a
public hearing, for inefficiency, neglect of duty, or malfeasance in
office. The mayor shall file a written statement of reasons for the
removal. Vacancies occurring otherwise than through the expiration of
term shall be filled for the unexpired term by the mayor or by the
appointing power designated by the council in municipalities in which
the mayor is not an elective officer.
Added by Laws 1977, c. 256, § 47-102, eff. July 1, 1978. Amended by
Laws 2009, c. 30, § 1, eff. Nov. 1, 2009.
§11-47-104. Organization and rules.
The commission shall elect a chairman and create and fill other
of its offices as it may determine. The term of chairman shall be
one (1) year, with eligibility for re-election. The commission shall
hold at least one regular meeting each month. It shall adopt rules
for transaction of business and shall keep a record of its
resolutions, transactions, findings and determinations, which record
shall be a public record.
Laws 1977, c. 256, § 47-104, eff. July 1, 1978.
§11-47-105. Staff and finances.
The commission may recommend such employees as it may deem
necessary for its work, whose appointment, promotion, demotion, and
removal shall be subject to the same provisions of law as govern
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other corresponding civil employees of the municipality. The
commission may also recommend to the council the employment of city
planners, engineers, architects, and consultants for such other
services as it may require. The council may provide funds for the
salaries of employees and the expenses of the planning commission as
for other functions of the municipality.
Laws 1977, c. 256, § 47-105, eff. July 1, 1978.
§11-47-106. General powers and duties.
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.
Laws 1977, c. 256, § 47-106, eff. July 1, 1978.
§11-47-107. Purposes of the plan.
In preparation of the plan, the commission shall make careful and
comprehensive surveys and studies of present conditions and future
growth of the municipality and with due regard to its relation to
neighboring territory. The plan shall be made with the general
purpose of guiding and accomplishing a coordinated, adjusted, and
harmonious development of the municipality and its environs which
will best promote, in accordance with present and future needs,
health, safety, morals, order, convenience, prosperity and general
welfare, as well as efficiency and economy in the process of
development; including, among other things, adequate provision for
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traffic, the promotion of safety from fire and other dangers,
adequate provision for light and air, the promotion of healthful and
convenient distribution of population, the promotion of good civic
design and arrangement, and wise and efficient expenditure of public
funds.
Laws 1977, c. 256, § 47-107, eff. July 1, 1978.
§11-47-108. Procedure of commission in adopting the plan.
The commission may adopt the plan as a whole by a single
resolution or may by successive resolutions adopt successive parts of
the plan, the parts corresponding with major geographical sections or
divisions of the municipality or with functional subdivisions of the
subject matter of the plan, and may adopt any amendment or extension
thereof or addition thereto. Before the adoption of the plan or any
such part, amendment, extension, or addition the commission shall
hold at least one public hearing thereon, notice of the time and
place of which shall be given by one publication in a newspaper of
general circulation in the municipality and in the official gazette,
if any, of the municipality. The adoption of the plan or of any part
or amendment or extension or addition shall be by resolution of the
commission carried by the affirmative votes of a majority of the
commission. The resolution shall refer expressly to the maps and
descriptive and other matter intended by the commission to form the
whole or part of the plan, and the action taken shall be recorded on
the map and plan and descriptive matter by the identifying signature
of the chairman or secretary of the commission. An attested copy of
the plan or part thereof shall be certified to the council.
Laws 1977, c. 256, § 47-108, eff. July 1, 1978.
§11-47-109. Legal status of official plan - Approval by commission.
Whenever the commission shall have adopted the master plan of the
municipality or of one or more major sections or districts thereof no
street, square, park, or other public way, ground, or open space, or
public building or structure, or other government enterprise, shall
be constructed or authorized in the municipality or in the planned
section and district until the location, character and extent thereof
shall have been submitted to and approved by the commission. In the
case of disapproval, the commission shall communicate its specific
findings and reasons for disapproval in writing to the council, which
shall have the power to overrule the disapproval by a recorded vote
of not less than two-thirds of all its members. If the authorization
or financing of the public way, ground, space, building, structure,
or other governmental enterprise, does not fall within the province
of the council, under the law or charter provisions governing same,
the submission to the commission shall be by the board, commission or
body having jurisdiction, and the commission's disapproval may be
overruled by the board, commission or body having jurisdiction by a
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vote of not less than two-thirds of all its members. If the
sponsoring agency is appointive and not elected, the disapproval of
the commission cannot be overridden except by a vote of not less than
two-thirds of all the members of the council. The failure of the
commission to act within sixty (60) days after the date of official
submission to the commission shall be deemed approval.
Laws 1977, c. 256, § 47-109, eff. July 1, 1978.
§11-47-110. Overruling planning commission action by council.
Any action of the commission as set forth in any report,
recommendation, order or decision of the commission, which, by law,
is required to be submitted to the council for approval, disapproval
or further action, may be overruled by the council only by the vote
of not less than a majority of the entire membership of such council.
Laws 1977, c. 256, § 47-110, eff. July 1, 1978.
§11-47-111. Miscellaneous powers and duties of commission.
The commission shall have power to promote public interest in and
understanding of the plan and to that end may publish and distribute
copies of the plan or of any report and may employ other means of
publicity and education as it may determine. Members of the
commission, when duly authorized by the commission, may attend city
planning conferences or meetings of city planning institutes or
hearings upon pending city planning legislation, and the council, by
resolution spread upon its minutes, may authorize and pay the
reasonable traveling expenses incident to attendance at authorized
meetings. The commission from time to time shall recommend to the
appropriate public officials programs for public structures and
improvements and for the financing thereof. It shall be part of its
duties to consult and advise with public officials and agencies,
public utility companies, civic, education, professional and other
organizations, and with citizens with relation to the protecting or
carrying out of the plan. The commission shall have the right to
accept and use gifts for the exercise of its functions. All public
officials shall furnish the commission, upon request and within a
reasonable time, available information as it may require for its
work. The commission, its members, officers, and employees, in the
performance of their functions, may enter upon any land and make
examinations and surveys and place and maintain necessary monuments
and marks thereon. In general, the commission shall have the powers
as may be necessary to enable it to fulfill its functions, promote
municipal planning, or carry out the purposes of this article.
Laws 1977, c. 256, § 47-111, eff. July 1, 1978.
§11-47-112. Transfer of zoning powers and duties to planning
commission.
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In order to avoid a multiplicity of boards and commissions and to
avoid a duplication of functions, the council may transfer to the
city planning commission all of the powers and duties of any zoning
commission or planning commission now existing and may authorize the
city planning commission to exercise the powers and to perform the
duties relative to the formulation of zoning regulations which are
now authorized by law. The provisions of this article shall not be
construed as a general grant of power to municipalities to create
districts and regulate buildings and land uses therein, but that
power shall continue as may be authorized by law.
Laws 1977, c. 256, § 47-112, eff. July 1, 1978.
§11-47-113. Scope of control of subdivisions - Review of plats.
After a city planning commission is organized, all maps, plats,
replats, and subdivisions of land into lots, blocks, streets and
alleys shall be submitted to the commission, and no map or plat of
land within the jurisdiction of the commission shall be filed or
recorded until it shall have been approved by the commission and the
approval entered in writing on the plat by the chairman or secretary
of the commission.
Laws 1977, c. 256, § 47-113, eff. July 1, 1978.
§11-47-114. Subdivision regulations.
A. Before the commission may exercise jurisdiction over
subdivision of land, it shall adopt regulations governing the
subdivision of land within its jurisdiction. The regulations may
provide for the proper arrangement of streets in relation to other
existing or planned streets and to the master plan, for adequate and
convenient open spaces for traffic, utilities, access of fire-
fighting apparatus, recreation, light and air, or for the avoidance
of congestion of population, including minimum width and area of
lots.
B. The regulations on subdivision of land may include provisions
as to the extent to which streets and other ways shall be graded and
improved and to which water and sewer and other utility mains, piping
or other facilities shall be installed as a condition precedent to
the approval of the plat. The regulations or practice of the
commission may provide for a tentative approval of the plat previous
to such installation; but any such tentative approval shall be
revocable for failure to comply with commitments on which the
tentative approval was based, and shall not be entered on the plat.
In lieu of the completion of any improvements and utilities prior to
the final approval of the plat, the commission may accept an adequate
bond satisfactory to the commission, with surety, to secure to 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
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further conditioned that the developer will pay for all material and
labor entering into the construction of the improvements. The
municipality is hereby granted the power to enforce such bond by all
appropriate legal and equitable remedies.
C. Nothing in this section shall be construed as granting to any
municipality or city planning commission the power to direct any
public utility to extend its services to any particular area.
D. All regulations governing the subdivision of land shall be
published as provided by law for the publication of ordinances, and
before adoption, a public hearing shall be held thereon.
Added by Laws 1977, c. 256, § 47-114, eff. July 1, 1978.
§11-47-115. Procedure for approval of plats.
The commission shall approve or disapprove a plat within thirty
(30) days after it has been submitted to the commission; otherwise
the plat shall be deemed to have been approved, and a certificate to
that effect shall be issued by the commission on demand. The
applicant for the commission's approval may waive the thirty-day
requirement and consent to an extension of the period. The ground
for disapproval of any plat shall be stated upon the records of the
commission. Any plat submitted to the commission shall contain the
name and address for a person to whom notice of a hearing shall be
sent, and no plat shall be acted on by the commission without
affording a hearing thereon. Notice shall be sent to the person at
the address by registered mail of the time and place of the hearing
not less than five (5) days before the date fixed therefor. Similar
notice shall be mailed by first-class mail to the owners of land
immediately adjoining the platted land, as their names appear upon
the plats in the county clerk's office and their addresses appear in
the directory of the municipality or on the tax records of the
municipality or county. Every plat approved by the commission, by
virtue of the approval, shall be deemed to be an amendment of or an
addition to or a detail of the municipal plan and a part thereof.
Approval of a plat shall not be deemed to constitute or effect an
acceptance by the public of any street or other open space shown upon
the plat. The commission from time to time may recommend to the
council amendments of the zoning ordinance or map or additions
thereto to conform to the commission's recommendations for the zoning
regulation of the territory comprised within approved subdivisions.
The commission shall have the power to agree with the applicant upon
use, height, area or bulk requirements or restrictions governing
buildings and premises within the subdivision, provided such
requirements or restrictions do not authorize the violation of the
then effective zoning ordinance of the municipality. The
requirements or restrictions shall be stated upon the plat prior to
the approval and recording thereof and shall have the same force of
law and be enforceable in the same manner and with the same sanctions
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and penalties and subject to the same power or amendment or repeal as
though set out as a part of the zoning ordinance or map of the
municipality.
Added by Laws 1977, c. 256, § 47-115, eff. July 1, 1978. Amended by
Laws 1998, c. 234, § 5, eff. Nov. 1, 1998.
§11-47-116. Unapproved plats not entitled to record.
A. No plat, replat, or subdivision of land within the
jurisdiction of the commission shall be entitled to record unless it
bears the written approval of the commission. No deed referring to
the unapproved plat shall be entitled to record and, if recorded,
shall not import notice.
B. No deed describing land by metes and bounds which conveys
land within the jurisdiction of the commission in a tract of five (5)
acres or less shall be entitled to record and, if recorded, shall not
import notice, unless one of the following conditions is met:
1. The deed bears the written approval of the commission; or
2. A preceding title transaction of record bears the written
approval of the commission of the metes and bounds description in the
subsequent deed.
C. The provisions of subsections A and B of this section shall
not apply to any plat, replat, subdivision or deed which has been
recorded prior to annexation by the municipality, or to any deed or
other conveyance of unplatted property covering all of the unplatted
property acquired by the grantor in a single conveyance if the
grantor's deed has been filed of record for five (5) years or more.
Added by Laws 1977, c. 256, § 47-116, eff. July 1, 1978. Amended by
Laws 1978, c. 65, § 1, eff. July 1, 1978.
§11-47-117. Improvements in unapproved streets.
The municipality shall not accept, lay out, open, improve, grade,
pave, curb, or light any street, or lay or authorize water mains or
sewers or utility connections to be laid in any street, within any
portion of territory for which the commission shall have adopted a
major street plan, unless the street:
1. Shall have been accepted or opened as or shall otherwise have
received the legal status of a public street prior to the adoption of
the street plan; or
2. Corresponds with a street shown on the official master plan
or with a street on a subdivision plat approved by the commission or
with a street on a street plat made by and adopted by the commission.
However, the council may accept any street not shown on or not
corresponding with a street on the official master plan or on an
approved subdivision plat or an approved street plat, provided the
ordinance or other measure accepting such street be first submitted
to the city planning commission for its approval, and, if approved by
the commission, be enacted or passed by not less than a majority of
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all the members of the council. If the ordinance or other measure
accepting such street is disapproved by the commission, the ordinance
or measure may be enacted or passed by not less than two-thirds of
all the members of the council. A street approved by the commission
upon submission by council, or a street accepted by two-thirds vote
after disapproval by the commission, shall thereupon have the status
of an approved street as fully as though it had been originally shown
on the official master plan or on a subdivision plat approved by the
commission or had been originally platted by the commission.
Laws 1977, c. 256, § 47-117, eff. July 1, 1978.
§11-47-118. Erection of buildings.
After the city planning commission has adopted a major street
plan of the territory within its subdivision jurisdiction or part
thereof, no building shall be erected on any lot within the territory
or part, nor shall a building permit be issued therefor unless the
street giving access to the lot upon which the building is proposed
to be placed:
1. Shall have been accepted or opened as or shall otherwise have
received the legal status of a public street prior to that time; or
2. Corresponds with a street shown on the official master plan
or with a street on a subdivision plat approved by the commission or
with a street accepted by council, after submission to the
commission, by the favorable vote required in Section 47-117 of this
title.
Any building erected in violation of this section shall be deemed an
unlawful structure, and the building inspector or other appropriate
official may cause it to be vacated and have it removed.
Laws 1977, c. 256, § 47-118, eff. July 1, 1978.
§11-47-119. Use of certain private roadways - Dedication, repair 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;
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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.
Added by Laws 1977, c. 256, § 47-119, eff. July 1, 1978 Amended by
Laws 1983, c. 312, § 1, emerg. eff. June 27, 1983; Laws 2007, c. 193,
§ 1, eff. Nov. 1, 2007.
§11-47-120. Status of existing platting statutes.
After a city planning commission has control over subdivision as
provided in Section 47-114 of this title, the jurisdiction of the
commission, as herein conferred over plats shall be exclusive within
the territory under its jurisdiction.
Laws 1977, c. 256, § 47-120, eff. July 1, 1978.
§11-47-121. Building line ordinance.
After any plan for major streets, or portions thereof, has been
prepared and adopted by a city planning commission, the council shall
be authorized and empowered to establish, regulate and limit building
or setback lines on such major streets by ordinance and to prohibit
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any new building being located within the building or setback lines,
and to amend such regulations from time to time.
Laws 1977, c. 256, § 47-121, eff. July 1, 1978.
§11-47-122. Enforcement of building line ordinance - Board of
adjustment - Appeals.
The council shall provide for the method by which its building or
setback regulations shall be enforced and shall provide for a board
of adjustment with powers to modify or vary the regulations, in
specific cases, in order that unwarranted hardships, which constitute
an unreasonable deprivation or use as distinguished from the mere
grant of a privilege, may be avoided, the intended purpose of the
regulations being strictly observed and the public welfare and public
safety protected. If there is a board of zoning adjustment such
board shall be appointed to serve as the board of adjustment for the
building or setback line regulations. Regulations authorized under
the provisions of this section shall not be adopted, changed or
amended until a public hearing has been held thereon by the
commission, public notice of which shall be given in the manner
provided by law. Appeals may be taken from any order, regulation or
action of a board of adjustment as provided in this section in the
manner provided by law for appeals from orders of the board of
adjustment in zoning cases.
Laws 1977, c. 256, § 47-122, eff. July 1, 1978.
§11-47-123. Saving vested rights.
In any instance where it is shown that the application of the
terms of Sections 47-101 through 47-124 of this title, or any
proposed action hereunder, will be in material conflict with any
accrued vested right so that it would, if applied to the particular
property involved, result in substantial harm, loss, damage or
impairment, such right shall be preserved, recognized and given
effect and may be protected by any remedy herein provided for.
Laws 1977, c. 256, § 47-123, eff. July 1, 1978.
§11-47-124. Judicial review.
A judicial review in the district court in the county in which
the situs of the municipality is located may be had of any ruling,
regulation, interpretation, order, requirement, refusal, permit,
approval, or decision made under the terms of this article when such
action is alleged to be arbitrary, unreasonable or capricious, and
that by reason thereof such action has, or if enforced, will work an
unnecessary hardship on or create substantial harm or loss to the
complaining party.
Laws 1977, c. 256, § 47-124, eff. July 1, 1978.
§11-48-101. Authorization to provide retirement fund and system.
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The governing body of any municipality may provide by ordinance
for a retirement fund and system for any or all of its employees and
the employees of a duly constituted authority of the municipality
which are not otherwise provided for by a pension or retirement
system. The governing body may establish said retirement system as
delayed compensation in order to encourage continuous and meritorious
service on the part of employees and thereby promote public
efficiency, and may provide retirement allowances and other benefits
for said employees, their surviving spouses, and surviving children.
The retirement fund and system may include all municipal employees
whether they are engaged in a governmental or nongovernmental
function of the municipality or the municipal authority. The
retirement fund shall be supported wholly by the municipality or
municipal authority or by joint contributions by the municipality or
authority and the employee to be benefited.
Amended by Laws 1984, c. 126, § 81, eff. Nov. 1, 1984.
§11-48-102. Control and management of system.
Every municipality or municipal authority establishing a
retirement fund and system is authorized and directed to provide for
the control and management of the system by ordinance. The ordinance
shall provide, in addition to other provisions, for:
1. The qualifications of the persons eligible for retirement
benefits;
2. The minimum age for retirement of employees;
3. The limitations of the amounts to be paid to persons eligible
for retirement benefits;
4. A Board of Trustees to administer the fund, and the duties,
membership and powers of such board;
5. The amount of contributions to be made by the municipality or
authority, and the amount to be made by the employee, if any; and 6.
Such rules and regulations as the municipality or authority shall
determine necessary for the proper regulation of the retirement
system and fund.
The retirement fund and system shall be known as the "Employee
Retirement System of ________ (name of municipality), Oklahoma" and
by such name all of its business shall be transacted, all funds
handled and all of its cash and securities and other property held.
Any municipality or any municipal authority may combine or pool by
contract with other municipalities and authorities pension and
retirement funds for purposes of management and investment, and may
create a single board of trustees for such purposes. The provisions
of this section shall not apply to Firemen's Relief and Pension Funds
nor to Police Pension and Retirement System funds.
Laws 1977, c. 256, § 48-102, eff. July 1, 1978.
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§11-48-103. Fund required in every municipality - Payments exempt
from attachment, etc. - Exception of qualified domestic orders.
A. Every municipality establishing a retirement fund and system
shall provide a fund or contribute to a fund which shall be paid to
and received by the municipal treasurer along with funds received
from a duly constituted authority of the municipality for the use and
benefit of the persons eligible for retirement benefits in such
amount as the municipality shall provide by ordinance.
B. Money on hand in this fund shall not be available for any
other purpose and shall not be used for any purpose other than for
retirement benefits to eligible persons.
C. Except as otherwise provided by this section, sums of money
due or to become due to any employee or retired employee shall not be
liable to attachment, garnishment, levy, or seizure in any manner
under any legal or equitable process, whether such sums remain in the
hands of the treasurer of the retirement system or of any official or
agent of the retirement system, or are in the course of transmission
to the employee or retired employee entitled thereto, but shall inure
wholly to the benefit of such employee or retired employee.
D. 1. The provisions of subsection C of this section shall not
apply to a qualified domestic order as provided in this subsection.
2. The term "qualified domestic order" means an order issued by
a district court of this state, pursuant to the domestic relations
laws of the State of Oklahoma, which relates to the provision of
marital property rights to a spouse or former spouse of a member of
any retirement fund created pursuant to subsection A of this section,
or to the provision of support for a minor child or children, and
which creates or recognizes the existence of the right of an
alternate payee, or assigns to an alternate payee the right, to
receive a portion of the benefits payable with respect to a member
and amounts payable to a plan participant of any retirement plan
created pursuant to subsection A of this section.
3. For purposes of the payment of marital property, to qualify
as an alternate payee, a spouse or former spouse must have been
married to the related member for a period of not less than thirty
(30) continuous months immediately preceding the commencement of the
proceedings from which the qualified domestic order issues.
4. A qualified domestic order is valid and binding on the
municipality and the related member only if it meets the requirements
of this subsection.
5. A qualified domestic order shall clearly specify:
a. the name and last-known mailing address, if any, of the
member and the name and mailing address of the
alternate payee covered by the order,
b. the amount or percentage of the member's benefits to be
paid by the retirement system to the alternate payee,
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c. the number of payments or period to which such order
applies,
d. the characterization of the benefit as to marital
property rights or child support, and
e. each plan to which such order applies.
6. A qualified domestic order meets the requirements of this
subsection only if such order:
a. does not require the retirement system to provide any
type or form of benefit, or any option not otherwise
provided under state law as relates to the retirement
system,
b. does not require the retirement system to provide
increased benefits, and
c. does not require the payment of benefits to an
alternate payee which are required to be paid to
another alternate payee pursuant to another order
previously determined to be a qualified domestic order
or an order recognized by the retirement plan as a
valid order prior to the effective date of this
section.
7. A qualified domestic order shall not require payment of
benefits to an alternate payee prior to the actual retirement date or
withdrawal of the related member.
8. The obligation of the retirement system to pay an alternate
payee pursuant to a qualified domestic order shall cease upon the
death of the related member.
9. This subsection shall not be subject to the provisions of the
Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A.,
Section 1001 et seq., as amended from time to time, or rules
promulgated thereunder and court cases interpreting said act.
10. The municipality may adopt such provisions as are necessary
to implement the provisions of this subsection.
11. An alternate payee who has acquired beneficiary rights
pursuant to a valid qualified domestic order shall fully comply with
all provisions of the requirements imposed by the municipality
pursuant to this section in order to continue receiving benefits.
E. This fund shall be nonfiscal and shall not be considered in
computing any levy when the municipality makes its estimate to the
Excise Board for needed appropriations.
Added by Laws 1977, c. 256, § 48-103, eff. July 1, 1978. Amended by
Laws 1998, c. 198, § 1, eff. Nov. 1, 1998.
§11-48-104. Annual appropriations.
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
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shall be paid to the fund as other payments are made from municipal
funds.
Laws 1977, c. 256, § 48-104, eff. July 1, 1978.
§11-48-105. Prorating of fund in event of insufficiency.
If the funds in any retirement system are insufficient to make full
payment of the amount of retirement benefits or allowances to any
eligible persons under the rules and regulations of the municipality,
then the fund shall be prorated among those entitled thereto as the
board of trustees administering the fund shall determine to be just
and equitable.
Laws 1977, c. 256, § 48-105, eff. July 1, 1978.
§11-48-106. Authorization to enact necessary ordinances.
The municipal governing body may enact any and all ordinances
necessary to accomplish the purposes of this article.
Laws 1977, c. 256, § 48-106, eff. July 1, 1978.
§11-49-100.1. Definitions.
As used in this article:
1. "System" means the Oklahoma Firefighters Pension and
Retirement System and all predecessor municipal firefighters pension
and retirement systems;
2. "Article" means Article 49 of this title;
3. "State Board" means the Oklahoma Firefighters Pension and
Retirement Board;
4. "Local board" means the local firefighters pension and
retirement boards;
5. "Fund" means the Oklahoma Firefighters Pension and Retirement
Fund;
6. "Member" means all eligible firefighters of a participating
municipality or a fire protection district who perform the essential
functions of fire suppression, prevention, and life safety duties in
a fire department. The term "member" shall include but not be
limited to the person serving as fire chief of any participating
municipality, provided that a person serving as fire chief of a
participating municipality shall meet the age, agility, physical and
other eligibility requirements required by law at the time said
person becomes a member of the System. Effective July 1, 1987, a
member does not include a "leased employee". The term "leased
employee" means any person (other than an employee of the recipient)
who pursuant to an agreement between the recipient and any other
person ("leasing organization") has performed services for the
recipient (or for the recipient and related persons determined in
accordance with Section 414(n)(6) of the Internal Revenue Code of
1986, as amended) on a substantially full-time basis for a period of
at least one (1) year, and such services are performed under primary
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direction or control by the recipient. Contributions or benefits
provided a leased employee by the leasing organization which are
attributable to services performed for the recipient employer shall
be treated as provided by the recipient employer. A leased employee
shall not be considered an employee of the recipient if the
requirements of the safe harbor provisions of Section 414(n)(5) of
the Internal Revenue Code of 1986, as amended, are satisfied.
Effective July 1, 1999, any individual who agrees with the
participating municipality that the individual's services are to be
performed as a leased employee or an independent contractor shall not
be a member regardless of any classification as a common law employee
by the Internal Revenue Service or any other governmental agency, or
any court of competent jurisdiction;
7. "Normal retirement date" means the date at which the member
is eligible to receive the unreduced payments of the member's accrued
retirement benefit. Such date shall be the first day following the
date the member completes twenty (20) years of credited service. For
a member whose first employment with a participating employer of the
System occurs on or after November 1, 2013, such date shall be the
first day following the date the member completes twenty-two (22)
years of credited service and has attained the age of at least fifty
(50) years. If the member's employment continues past the normal
retirement date of the member, the actual retirement date of the
member shall be the first day following the date the member
terminates employment with more than twenty (20) years of credited
service, or with respect to members who are required to complete
twenty-two (22) years of service, the first day following the date
the member terminates employment with more than twenty-two (22) years
of service and who has also attained the age of at least fifty (50)
years;
8. "Credited service" means the period of service used to
determine the eligibility for and the amount of benefits payable to a
member. Credited service shall consist of the period during which
the member participated in the System or the predecessor municipal
systems as an active employee in an eligible membership
classification, plus any service prior to the establishment of the
predecessor municipal systems which was credited under the
predecessor municipal systems; provided, however, "credited service"
for members from a fire protection district shall not begin accruing
before July 1, 1982;
9. "Participating municipality" means a municipality, county
fire department organized pursuant to subsection D of Section 351 of
Title 19 of the Oklahoma Statutes, or fire protection district which
is making contributions to the System on behalf of its firefighters.
All participating municipalities shall appoint a fire chief who shall
supervise and administer the fire department;
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10. "Disability" means the complete inability of the firefighter
to perform any and every duty of the firefighter's regular
occupation; provided further, that once benefits have been paid for
twenty-four (24) months the provisions of Section 49-110 of this
title shall apply to the firefighter;
11. "Executive Director" means the managing officer of the
System employed by the State Board;
12. "Eligible employer" means any municipality with a municipal
fire department, any county fire department organized pursuant to
subsection D of Section 351 of Title 19 of the Oklahoma Statutes or
any fire protection district with an organized fire department;
13. "Entry date" means the date as of which an eligible employer
joins the System. The first entry date pursuant to this article
shall be January 1, 1981;
14. "Final average salary" means the average paid gross salary
of the firefighter for normally scheduled hours over the highest
salaried thirty (30) consecutive months of the last sixty (60) months
of credited service. Gross salary shall not include payment for
accumulated sick or annual leave upon termination of employment, any
uniform allowances or any other compensation for reimbursement of
out-of-pocket expenses. Only salary on which the required
contributions have been made may be used in computing the final
average salary. Effective January 1, 1988, gross salary shall
include any amount of elective salary reduction under Section 125 of
the Internal Revenue Code of 1986, as amended. Gross salary shall
include any amount of elective salary reduction under Section 457 of
the Internal Revenue Code of 1986, as amended, and any amount of
nonelective salary reduction under Section 414(h) of the Internal
Revenue Code of 1986, as amended. Effective July 1, 1998, for
purposes of determining a member's compensation, any contribution by
the member to reduce the member's regular cash remuneration under
132(f)(4) of the Internal Revenue Code of 1986, as amended, shall be
treated as if the member did not make such an election. Only salary
on which required contributions have been made may be used in
computing final average salary.
In addition to other applicable limitations, and notwithstanding
any other provision to the contrary, for plan years beginning on or
after July 1, 2002, the annual gross salary of each "Noneligible
Member" taken into account under the System shall not exceed the
Economic Growth and Tax Relief Reconciliation Act of 2001 ("EGTRRA")
annual salary limit. The EGTRRA annual salary limit is Two Hundred
Thousand Dollars ($200,000.00), as adjusted by the Commissioner for
increases in the cost of living in accordance with Section 401(a)(17)
(B) of the Internal Revenue Code of 1986, as amended. The annual
salary limit in effect for a calendar year applies to any period, not
exceeding twelve (12) months, over which salary is determined
("determination period") beginning in such calendar year. If a
D$,$$)"!!"$ '3 " :$&66
determination period consists of fewer than twelve (12) months, the
EGTRRA salary limit will be multiplied by a fraction, the numerator
of which is the number of months in the determination period, and the
denominator of which is twelve (12). For purposes of this
subsection, a "Noneligible Member" is any member who first became a
member during a plan year commencing on or after July 1, 1996.
For plan years beginning on or after July 1, 2002, any reference
to the annual salary limit under Section 401(a)(17) of the Internal
Revenue Code of 1986, as amended, shall mean the EGTRRA salary limit
set forth in this subsection.
Effective June 9, 2010, gross salary shall also include gross
salary, as described above, for services, but paid by the later of
two and one-half (2 1/2) months after a firefighter's severance from
employment or the end of the calendar year that includes the date the
firefighter terminated employment, if it is a payment that, absent a
severance from employment, would have been paid to the firefighter
while the firefighter continued in employment with the participating
municipality.
Effective June 9, 2010, any payments not described above shall
not be considered gross salary if paid after severance from
employment, even if they are paid by the later of two and one-half (2
1/2) months after the date of severance from employment or the end of
the calendar year that includes the date of severance from
employment, except payments to an individual who does not currently
perform services for the participating municipality by reason of
qualified military service within the meaning of Section 414(u)(5) of
the Internal Revenue Code of 1986, as amended, to the extent these
payments do not exceed the amounts the individual would have received
if the individual had continued to perform services for the
participating municipality rather than entering qualified military
service.
Effective June 9, 2010, back pay, within the meaning of Section
1.415(c)-2(g)(8) of the Income Tax Regulations, shall be treated as
gross salary for the year to which the back pay relates to the extent
the back pay represents wages and compensation that would otherwise
be included in this definition.
Effective for years beginning after December 31, 2008, gross
salary shall also include differential wage payments under Section
414(u)(12) of the Internal Revenue Code of 1986, as amended;
15. "Accrued retirement benefit" means two and one-half percent
(2 1/2%) of the firefighter's final average salary multiplied by the
member's years of credited service not to exceed thirty (30) years;
16. "Beneficiary" means a member's surviving spouse or any
surviving children, including biological and adopted children, at the
time of the member's death. The surviving spouse must have been
married to the firefighter for the thirty (30) continuous months
preceding the firefighter's death provided a surviving spouse of a
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member who died while in, or as a consequence of, the performance of
the member's duty for a participating municipality, shall not be
subject to the marriage limitation for survivor benefits. A
surviving child of a member shall be a beneficiary until reaching
eighteen (18) years of age or twenty-two (22) years of age if the
child is enrolled full time and regularly attending a public or
private school or any institution of higher education. Any child
adopted by a member after the member's retirement shall be a
beneficiary only if the child is adopted by the member for the thirty
(30) continuous months preceding the member's death. Any child who
is adopted by a member after the member's retirement and such member
dies accidentally or as a consequence of the performance of the
member's duty as a firefighter shall not be subject to the thirty-
month adoption requirement. This definition of beneficiary shall be
in addition to any other requirement set forth in this article;
17. "Accumulated contributions" means the sum of all
contributions made by a member to the System and includes both
contributions deducted from the compensation of a member and
contributions of a member picked up and paid by the participating
municipality of the member. Accumulated contributions shall not
include any interest on the contributions of the member, interest on
any amount contributed by the municipality or state and any amount
contributed by the municipality or state; and
18. "Limitation year" means the year used in applying the
limitations of Section 415 of the Internal Revenue Code of 1986,
which year shall be the calendar year.
Added by Laws 1980, c. 352, § 1, eff. Jan. 1, 1981. Amended by Laws
1982, c. 320, § 1, operative July 1, 1982; Laws 1985, c. 222, § 1,
emerg. eff. July 8, 1985; Laws 1987, c. 236, § 142, emerg. eff. July
20, 1987; Laws 1988, c. 267, § 1, operative July 1, 1988; Laws 1990,
c. 143, § 1, emerg. eff. May 1, 1990; Laws 1991, c. 323, § 1, emerg.
eff. June 12, 1991; Laws 1992, c. 390, § 1, emerg. eff. June 9, 1992;
Laws 1993, c. 126, § 1, emerg. eff. May 3, 1993; Laws 1994, c. 84, §
1, eff. July 1, 1994; Laws 1994, c. 300, § 1, eff. July 1, 1994; Laws
1996, c. 208, § 1, emerg. eff. May 21, 1996; Laws 1998, c. 299, § 1,
emerg. eff. May 28, 1998; Laws 1999, c. 193, § 1, eff. July 1, 1999;
Laws 2000, c. 327, § 1, eff. July 1, 2000; Laws 2002, c. 398, § 1,
eff. July 1, 2002; Laws 2003, c. 128, § 1, eff. July 1, 2003; Laws
2010, c. 438, § 1, emerg. eff. June 9, 2010; Laws 2011, c. 279, § 1,
emerg. eff. May 19, 2011; Laws 2012, c. 364, § 1; Laws 2013, c. 165,
§ 1, eff. Nov. 1, 2013; Laws 2013, c. 388, § 2, eff. Nov. 1, 2013.
§11-49-100.2. Firefighters Pension and Retirement System - Creation
- Powers and duties.
There is created the Oklahoma Firefighters Pension and Retirement
System which shall be a body corporate and an instrumentality of this
state. The System shall be vested with the powers and duties
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specified in this article and such other powers as may be necessary
to enable it and its officers and employees to carry out fully and
effectively the purposes and intent of this article. All assets of
the System shall be held in trust for the exclusive purpose of
providing benefits for the members and beneficiaries of the System or
defraying reasonable expenses of administering the System, and shall
not be encumbered for or diverted to any other purpose or purposes.
This System shall be the responsibility of the state and not that of
the participating municipalities. The System is a qualified
governmental retirement plan under Sections 401(a) and 414(d) of the
Internal Revenue Code of 1986, as amended (26 U.S.C.A. §§ 401, 414)
and Section 3(32) of the Employee Retirement Income Security Act of
1974 (29 U.S.C.A. §1002(32)). The Board shall administer the System
in order to comply with the applicable provisions of the Internal
Revenue Code of 1986, as amended.
Added by Laws 1980, c. 352, § 2, eff. Jan. 1, 1981. Amended by Laws
2000, c. 327, § 2, eff. July 1, 2000; Laws 2002, c. 398, § 2, eff.
July 1, 2002.
§11-49-100.3. Firefighters Pension and Retirement Board.
A. There shall be an Oklahoma Firefighters Pension and
Retirement Board which shall be composed of thirteen (13) members as
follows:
1. Five members shall be the Board of Trustees of the Oklahoma
Firefighters Association;
2. One member shall be the President of the Professional Fire
Fighters of Oklahoma or his designee. The designee shall be a member
of the Professional Fire Fighters of Oklahoma;
3. One member shall be the President of the Oklahoma State
Retired Fire Fighters Association or his designee. The designee
shall be a member of the Oklahoma State Retired Fire Fighters
Association;
4. One member shall be appointed by the Speaker of the House of
Representatives;
5. One member shall be appointed by the President Pro Tempore of
the Senate;
6. Two members shall be appointed by the President of the
Oklahoma Municipal League;
7. One member shall be the State Insurance Commissioner or his
designee; and
8. One member shall be the Director of the Office of Management
and Enterprise Services or his designee.
B. 1. The terms of office of the members appointed to the State
Board by the President of the Oklahoma Municipal League who are
members of the State Board on the operative date of this act shall
expire on July 1, 1989. The members appointed to fill the positions
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that expire on July 1, 1989, shall serve initial terms of office as
follows:
a. the term of office of one of the members appointed by
the President of the Oklahoma Municipal League shall
expire on July 1, 1990; and
b. the term of office of one of the members appointed by
the President of the Oklahoma Municipal League shall
expire on July 1, 1992.
Thereafter, the terms of office of the members of the State Board
appointed by the President of the Oklahoma Municipal League shall be
four (4) years.
2. The term of office of the member appointed to the State Board
by the Speaker of the House of Representatives and the term of office
of the member appointed to the State Board by the President Pro
Tempore of the Senate who are members of the State Board on the
operative date of this act shall expire on January 3, 1989. The
members thereafter appointed shall serve terms of office of four (4)
years.
3. Vacancies shall be filled for the unexpired term of office in
the same manner as the original appointment was made.
C. Those members appointed to the State Board by the President
of the Oklahoma Municipal League, the Speaker of the House of
Representatives and the President Pro Tempore of the Senate or who
are designees of an ex officio member of the State Board shall:
1. Have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management; or
2. Have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management; or
3. Be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
4. Be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs 1 through 4 of this subsection.
D. No member of the State Board shall be a lobbyist registered
in this state as provided by law.
E. Notwithstanding any of the provisions of this section to the
contrary, any person serving as an appointed member of the State
Board on the operative date of this act shall be eligible for
reappointment when the term of office of the member expires.
F. The State Board shall elect one of its members as Chairman at
its annual meeting. The Chairman shall preside over meetings of the
State Board and perform such other duties as may be required by the
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State Board. The State Board shall also elect another member to
serve as Vice Chairman, and the Vice Chairman shall perform duties of
Chairman in the absence of the latter or upon the Chairman's
inability or refusal to act.
G. Prior to February 6, 1995, the State Board shall be prevented
from making any payment or granting any benefit, with the exception
of disability benefits for which provisions are otherwise made in
Section 49-100.1 et seq. of this title, the actuarial liability for
which has not been included in such Board's annual actuarial report
prior to May 1, 1994.
H. The State Board shall adopt a cost of living adjustment
actuarial assumption in its annual actuarial valuation report.
Added by Laws 1980, c. 352, § 3, eff. Jan. 1, 1981. Amended by Laws
1988, c. 321, § 1, operative July 1, 1988; Laws 1994, c. 383, § 1,
eff. July 1, 1994; Laws 2004, c. 536, § 1, eff. July 1, 2004; Laws
2012, c. 304, § 46.
§11-49-100.4. Meetings - Special meetings - Notice - Quorum - Per
diem - Expenses.
A. The State Board shall hold regular meetings in Oklahoma City
at least once each quarter, the dates, time, and place to be fixed by
the State Board. The State Board shall hold a regular meeting in
July of each year which meeting shall be the annual meeting at which
it shall elect its Chairman. Special meetings may be called upon
written call of the Chairman or by agreement of any eight (8) members
of the State Board. Notice of a special meeting shall be delivered
to all State Board members in person or by registered or certified
United States mail not less than seven (7) days prior to the date
fixed for the meeting; provided, however, that notice of such meeting
may be waived by any member either before or after such meeting and
attendance at such meeting shall constitute a waiver of notice of
such meeting, unless a member participates therein solely to object
to the transaction of any business because the meeting has not been
legally called or convened.
B. Seven (7) State Board members shall constitute a quorum for
the transaction of business, but any official action of the State
Board shall be based upon a favorable vote by at least seven (7)
State Board members at a regular or special meeting of the State
Board.
C. Members shall receive per diem at the rate of Twenty-five
Dollars ($25.00) per day for each day in session and shall be
reimbursed for necessary expenditures including mileage to and from
meetings in accordance with the State Travel Reimbursement Act, which
shall be paid as an operating expense from the appropriate operating
fund of the System.
Amended by Laws 1988, c. 321, § 2, operative July 1, 1988.
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§11-49-100.5. Office facilities - Records - Inspection - Financial
statement - Audits.
A. The principal office of the System shall be in Oklahoma City,
Oklahoma. Offices shall be assigned to the System by the Office of
Management and Enterprise Services. Upon the failure or inability of
the Office of Management and Enterprise Services to provide adequate
facilities, the State Board is hereby authorized to contract for
necessary office space in suitable quarters.
B. The State Board shall keep a record of all of its
proceedings, which shall be open for inspection at all reasonable
hours. A report including such information as the operation of the
System for the past fiscal year, including income, disbursements, and
the financial condition of the System at the end of each fiscal year
and showing the valuation of its assets, investments, and
liabilities, shall be delivered to the Governor after the end of each
fiscal year but prior to October 1 of the next fiscal year and made
available to the firefighters and participating municipalities.
C. The State Auditor and Inspector shall make an annual audit of
the accounts of the System. The audit shall be filed as soon after
the close of the fiscal year as practicable, in accordance with the
requirements for financial statement audits in Section 212A of Title
74 of the Oklahoma Statutes.
Added by Laws 1980, c. 352, § 5, eff. Jan. 1, 1981. Amended by Laws
1983, c. 304, § 6, eff. July 1, 1983; Laws 1985, c. 222, § 2, emerg.
eff. July 8, 1985; Laws 1996, c. 290, § 2, eff. July 1, 1996; Laws
2012, c. 304, § 47.
§11-49-100.6. Executive Director - Employees - Acceptance of gifts
and gratuities - Actuary - Legal services.
A. The State Board shall appoint an Executive Director. Subject
to the policy direction of the State Board, the Executive Director
shall be the managing and administrative officer of the System and as
such shall have charge of the office, records, and supervision and
direction of the employees of the System.
B. The Executive Director shall recommend to the State Board the
administrative organization, the number and qualifications of
employees necessary to carry out the intent of this article, and the
policy direction of the State Board. Upon approval of the
organizational plan by the State Board, the Executive Director may
employ such persons as are deemed necessary to administer this
article.
C. The members of the State Board, the Executive Director and
the employees of the System shall not accept gifts or gratuities from
an individual organization with a value in excess of the amount per
year permitted by the Ethics Commission for all state officials and
employees pursuant to Rule 257:20-1-9(b) of the Ethics Commission
Rules. The provisions of this section shall not be construed to
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prevent the members of the State Board, the Executive Director or the
employees of the System from attending educational seminars,
conferences, meetings or similar functions which are paid for,
directly or indirectly, by more than one organization.
D. The State Board may select and retain a qualified actuary who
shall serve at its pleasure as its technical advisor or consultant on
matters regarding the operation of the System. The actuary may at
the direction of the State Board:
1. Make an annual valuation of the liabilities and reserves of
the System, and a determination of the contributions required by the
System to discharge its liabilities and administrative costs under
this article, and recommend to the State Board rates of employer
contributions required to establish and maintain the System on an
adequate reserve basis;
2. As soon after the effective date of this act or as deemed
necessary by the State Board, make a general investigation of the
actuarial experience under the System, including mortality,
retirement, employment turnover, and interest, and recommend
actuarial tables for use in valuations and in calculating actuarial
equivalent values based on such investigation; and
3. Perform such other duties as may be assigned by the State
Board.
E. The State Board shall retain an attorney licensed to practice
law in this state. The attorney shall serve at the pleasure of the
State Board for such compensation as set by the State Board. The
Attorney General of the state shall furnish such legal services as
may be required by the State Board.
Added by Laws 1980, c. 352, § 6, eff. Jan. 1, 1981. Amended by Laws
1988, c. 321, § 3, operative July 1, 1988; Laws 1994, c. 383, § 2,
eff. July 1, 1994; Laws 2000, c. 327, § 3, eff. July 1, 2000.
§11-49-100.7. Administration of System - Rules and regulations -
Accounts and records - Open meetings - Actuarial tables - Decisions
of Board - Actions - Electronic media use.
A. The State Board shall be responsible for the policies and
rules for the general administration of the System, subject to the
provisions of this article.
B. The State Board shall establish rules and regulations for the
administration of the System and for the transaction of its business
consistent with law, which rules and regulations shall be filed with
the Secretary of State.
C. The State Board shall be responsible for the installation or
provision of a complete and adequate system of accounts and records.
D. All meetings of the State Board shall be open to the public.
The State Board shall keep a record of its proceedings.
E. The State Board may adopt all necessary actuarial tables to
be used in the operation of the System as recommended by the actuary
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and may compile such additional data as may be necessary for required
actuarial valuation calculations.
F. All decisions of the State Board as to questions of fact
shall be final and conclusive on all persons except for the right of
review as provided by law and except for fraud or such gross mistake
of fact as to have effect equivalent to fraud.
G. The State Board shall take all necessary action upon
applications for pensions, disability benefits, refund of accumulated
contributions and shall take action on all other matters deemed
necessary by the State Board, including bringing actions for
declaratory relief in the district courts in the state to enforce the
provisions of applicable state law.
H. On or after July 1, 2011, the State Board may permit,
effective for applicable notices, elections and consents provided or
made for a member, beneficiary, alternate payee or individual
entitled to benefits under the System, the use of electronic media to
provide such applicable notices and make such elections and consents
as described in Section 1.401(a)-21 of the Income Tax Regulations.
I. The State Board shall develop such procedures and may require
such information from the distributing plan as it deems necessary to
reasonably conclude that a potential rollover contribution is a valid
rollover contribution under Section 1.401(a)(31)-1, Q&A-14(b)(2), of
the Income Tax Regulations.
Added by Laws 1980, c. 352, § 7, eff. Jan. 1, 1981. Amended by Laws
1985, c. 222, § 3, emerg. eff. July 8, 1985; Laws 1988, c. 321, § 4,
operative July 1, 1988; Laws 2006, 2nd Ex. Sess., c. 46, § 11, eff.
July 1, 2006; Laws 2012, c. 364, § 2; Laws 2015, c. 367, § 1, emerg.
eff. June 4, 2015.
§11-49-100.8. Certified estimate of rate of contribution required,
accumulated contributions and other assets of System.
The State Board shall certify to the Director of the Office of
Management and Enterprise Services, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate, on or
before July 15 of each year, an actuarially determined estimate of
the rate of contribution which will be required, together with all
accumulated contributions and other assets of the System to pay by
level-dollar payments all liabilities which shall exist or accrue
pursuant to the provisions of the System, including amortization of
the unfunded accrued liability over a period of not to exceed thirty
(30) years beginning July 1, 2014.
Added by Laws 1982, c. 320, § 6, operative July 1, 1982. Amended by
Laws 1983, c. 143, § 5, emerg. eff. May 26, 1983; Laws 1988, c. 267,
§ 2, operative July 1, 1988; Laws 2003, c. 334, § 1, emerg. eff. May
29, 2003; Laws 2012, c. 304, § 48; Laws 2014, c. 281, § 2, emerg.
eff. May 12, 2014.
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§11-49-100.9. Duties of Board.
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.
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
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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 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
D$,$$)"!!"$ '3 " :$&76
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
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.
Added by Laws 1988, c. 321, § 5, operative July 1, 1988. Amended by
Laws 1992, c. 354, § 1; Laws 1995, c. 81, § 1, eff. July 1, 1995;
Laws 2000, c. 327, § 4, eff. July 1, 2000; Laws 2002, c. 391, § 3,
eff. July 1, 2002; Laws 2006, 2nd Ex.Sess., c. 46, § 12, eff. July 1,
2006; Laws 2011, c. 379, § 2, eff. Sept. 1, 2011; Laws 2012, c. 364,
§ 3.
§11-49-100.10. Duties of fiduciaries.
A. A fiduciary with respect to the Oklahoma Firefighters Pension
and Retirement System shall not cause the System to engage in a
transaction if the fiduciary knows or should know that such
transaction constitutes a direct or indirect:
1. sale or exchange, or leasing of any property from the System
to a party in interest for less than adequate consideration or from a
party in interest to the System for more than adequate consideration;
2. lending of money or other extension of credit from the System
to a party in interest without the receipt of adequate security and a
reasonable rate of interest, or from a party in interest to the
System with provision of excessive security or an unreasonably high
rate of interest;
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3. furnishing of goods, services or facilities from the System
to a party in interest for less than adequate consideration, or from
a party in interest to the System for more than adequate
consideration; or
4. transfer to, or use by or for the benefit of, a party in
interest of any assets of the System for less than adequate
consideration.
B. A fiduciary with respect to the Oklahoma Firefighters Pension
and Retirement System shall not:
1. deal with the assets of the System in the fiduciary's own
interest or for the fiduciary's own account;
2. in the fiduciary's individual or any other capacity act in
any transaction involving the System on behalf of a party whose
interests are adverse to the interests of the System or the interests
of its participants or beneficiaries; or
3. receive any consideration for the fiduciary's own personal
account from any party dealing with the System in connection with a
transaction involving the assets of the System.
C. A fiduciary with respect to the Oklahoma Firefighters Pension
and Retirement System may:
1. invest all or part of the assets of the System in deposits
which bear a reasonable interest rate in a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan; or
2. provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Oklahoma Firefighters Pension and Retirement System to
the extent that the person or the financial institution:
1. exercises any discretionary authority or discretionary
control respecting management of the Oklahoma Firefighters Pension
and Retirement System or exercises any authority or control
respecting management or disposition of the assets of the System;
2. renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the System, or has any authority or responsibility to do so; or
3. has any discretionary authority or discretionary
responsibility in the administration of the System.
Added by Laws 1988, c. 321, § 6, operative July 1, 1988. de
§11-49-100.11. Deposits of contributions and dedicated revenues -
Warrants and vouchers.
A. All employee and employer contributions and dedicated
revenues shall be deposited in the Oklahoma Firefighters Pension and
Retirement Fund in the State Treasury. The State Board shall have
the responsibility for the management of the Oklahoma Firefighters
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Pension and Retirement Fund, and may transfer monies used for
investment purposes by the Oklahoma Firefighters Pension and
Retirement System from the Oklahoma Firefighters Pension and
Retirement Fund in the State Treasury to the custodian bank or trust
company of the System.
B. All benefits payable pursuant to the provisions of the
Oklahoma Firefighters Pension and Retirement System, refunds of
contribution and overpayments, and all administrative expenses in
connection with the System shall be paid from the Oklahoma
Firefighters Pension and Retirement Fund upon warrants or vouchers
signed by two persons designated by the State Board. The State Board
may transfer monies from the custodian bank or trust company of the
System to the Oklahoma Firefighters Pension and Retirement Fund in
the State Treasury for the purposes specified in this subsection.
Added by Laws 1988, c. 321, § 7, operative July 1, 1988.
§11-49-101. Right to pension - Amount.
A. All retired volunteer fire fighters who qualify for
retirement shall be entitled to a monthly pension. The monthly
pension of a volunteer fire fighter shall be in the amount retired
volunteer fire fighters are receiving at the time the volunteer fire
fighter begins to receive a pension for each year of credited service
not to exceed thirty (30) years. In determining the number of years
of credited service, a fractional year of six (6) months or more
shall be counted as one (1) full year and a fractional year of less
than six (6) months shall not be counted in such determination.
Retired volunteer fire fighters of a municipality shall receive a
pension of not less than that which retired volunteer fire fighters
of such municipality were receiving on June 30, 1985.
B. If a volunteer fire fighter whose first service with a
participating employer of the System occurs prior to November 1,
2013, terminates service after completing ten (10) years of credited
service, the volunteer fire fighter shall receive a vested benefit.
The volunteer fire fighter whose first service with a participating
employer of the System occurs prior to November 1, 2013, shall be
entitled to a monthly pension commencing on the date the fire fighter
reaches fifty (50) years of age or the date the fire fighter would
have had twenty (20) years of credited service had the fire fighter's
service continued uninterrupted, whichever is later. If a volunteer
fire fighter whose first service with a participating employer of the
System occurs on or after November 1, 2013, terminates service after
completing eleven (11) years of credited service, the volunteer fire
fighter shall receive a vested benefit. The volunteer fire fighter
whose first service with a participating employer of the System
occurs on or after November 1, 2013, shall be entitled to a monthly
pension commencing on the date the fire fighter reaches fifty (50)
years of age or the date the fire fighter would have had twenty-two
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(22) years of credited service had the fire fighter's service
continued uninterrupted, whichever is later. The monthly amount of
such retirement benefit shall be the amount being paid to volunteer
fire fighters at the time the member vests multiplied by the number
of years of credited service. Credited service must be established
at the time of the volunteer fire fighter's termination. If a
volunteer fire fighter who terminates employment and receives a
vested benefit dies prior to being eligible to receive benefits, the
volunteer fire fighter's beneficiary shall be entitled to the
volunteer fire fighter's normal monthly retirement benefit on the
date the deceased volunteer fire fighter would have been eligible to
receive the benefit.
Added by Laws 1977, c. 256, § 49-101, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 8, eff. Jan. 1, 1981; Laws 1981, c. 224, § 1,
emerg. eff. June 22, 1981; Laws 1983, c. 143, § 4, emerg. eff. May
26, 1983; Laws 1985, c. 222, § 4, emerg. eff. July 8, 1985; Laws
1986, c. 187, § 1, operative July 1, 1986; Laws 1987, c. 236, § 143,
emerg. eff. July 20, 1987; Laws 1993, c. 126, § 2, emerg. eff. May 3,
1993; Laws 2013, c. 388, § 3, eff. Nov. 1, 2013.
§11-49-101.1. Purchase of credited service.
An eligible employer joining the Oklahoma Firefighters Pension
and Retirement System on or after July 1, 2000, may purchase up to
five (5) years of credited service for each volunteer member of a
volunteer fire department at the annual contribution rate in effect
as of the date of the purchase, provided verifiable evidence of
active firefighter service for the purchased years for each
individual is provided to the System. Even though the participating
municipality is exempt from contributions, contributions must be paid
for a volunteer firefighter to receive purchased credited service.
Payment for purchased credited service must be received by the System
within six (6) months of the date the eligible employer becomes a
participating municipality, and may be paid by the individual member.
Six (6) months from the date the eligible employer becomes a
participating municipality, any eligible prior credited service not
purchased shall expire and not be available for determining benefits.
Eligibility to receive purchased credited service shall be limited to
those members of the new volunteer fire department enrolled at the
time the eligible employer applies for affiliation with the System
pursuant to Section 49-105.2 of Title 11 of the Oklahoma Statutes.
Added by Laws 2000, c. 327, § 5, eff. July 1, 2000.
§11-49-101.2. Certain volunteers to be considered paid firefighters
- Physical and agility requirements - Fire chief qualifications.
Any member serving as an active volunteer firefighter who
receives annual compensation from the fire department the firefighter
is enrolled in as a member of the System for services related to
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firefighting, other than reimbursement of expenses in excess of two
(2) times the annual pension benefit paid by the System to a retired
volunteer firefighter with twenty (20) years credited service, shall
be considered a paid firefighter and must meet the physical and
agility requirements pursuant to Section 49-116 of this title to
continue as an active member of the System. Credited service earned
as a paid firefighter pursuant to this section shall not be
considered actual experience as a paid firefighter for purposes of
meeting the qualifications of a paid fire chief as provided in
Section 29-102 of this title. No fire department of a participating
municipality shall employ a volunteer firefighter from another fire
department to perform services relating to firefighting for any
compensation of any kind.
Added by Laws 2000, c. 327, § 6, eff. July 1, 2000. Amended by Laws
2003, c. 460, § 7, eff. July 1, 2003; Laws 2004, c. 546, § 1, eff.
July 1, 2004; Laws 2012, c. 364, § 4.
§11-49-102. Consolidation or annexation - Pension rights.
Whenever two or more adjacent municipalities participating in the
System shall be made one, either by consolidation or annexation,
those funds and those persons receiving benefits under the System
shall be transferred to the new or surviving participating
municipality and those persons receiving said benefits shall continue
to retain all the rights and privileges granted therein; provided
further that those active volunteer firefighters of participating
municipalities shall be transferred and continued as volunteer
firefighters and retain all the rights and privileges granted in this
article.
Laws 1977, c. 256, § 49-102, eff. July 1, 1978; Laws 1980, c. 352, §
9, eff. Jan. 1, 1981.
§11-49-103. Local firefighter pension and retirement boards.
A. The mayor, the clerk and the treasurer of every incorporated
municipality are, in addition to the duties now required of them,
hereby created and constituted, together with three members from the
fire department of such municipality, a local firefighters pension
and retirement board of each such municipality, which board shall be
known as the Local Firefighters Pension and Retirement Board. The
fire department of each such municipality shall elect, by ballot,
three members of such fire department, one of whom shall serve for
the term of one (1) year, and one for the term of two (2) years, and
one for the term of three (3) years, and thereafter such fire
department shall, every year, elect by ballot one of its members to
serve for the term of three (3) years upon the local board; provided,
the provisions of this article shall not apply to any municipality
where no regularly organized fire department is maintained, nor to
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any municipality where the fire department has firefighting apparatus
of less than One Thousand Dollars ($1,000.00) value.
B. Local firefighter pension and retirement boards of
participating employers of the System shall be terminated on December
31, 2016, and all powers, duties and functions shall be assumed by
the Executive Director unless a majority of the active firefighters
of an affected fire department elect to continue their local
firefighter pension and retirement board before the termination date
prescribed by this subsection, provided that an election shall be
held within twenty (20) days of the date a petition is presented to
the fire chief of a fire department signed by at least ten percent
(10%) of the active firefighters on the rolls as of the petition date
requesting an election to continue the local firefighter pension and
retirement board.
Added by Laws 1977, c. 256, § 49-103, eff. July 1, 1980. Amended by
Laws 1980, c. 352, § 10, eff. Jan. 1, 1981; Laws 2000, c. 327, § 7,
eff. July 1, 2000; Laws 2016, c. 36, § 1, eff. July 1, 2016.
§11-49-104. Organization of board - Officers - Rules and other
offices.
The mayor shall be an ex officio member and chairman of the local
board, the municipal clerk shall be ex officio secretary, and the
municipal treasurer shall be ex officio treasurer of the local board.
The mayor shall have a casting vote with the members only when
necessary to avoid a tie vote among them. The members shall elect a
vice chairman from among them and promulgate such other rules and
offices as may be necessary to insure the orderly conduct of
business.
Laws 1977, c. 256, § 49-104, eff. July 1, 1978; Laws 1980, c. 352, §
11, eff. Jan. 1, 1981.
§11-49-105. Meetings of local board - Record of proceedings -
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.
Laws 1977, c. 256, § 49-105, eff. July 1, 1980; Laws 1980, c. 252, §
12, eff. Jan. 1, 1981. 8
§11-49-105.1. Responsibility of local board to review certain
applications.
It shall be the responsibility of the local board to review
applications for retirement benefits and disability benefits. Each
local board shall recommend approval, disapproval or modification of
each application and the secretary shall forward such recommendations
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to the State Board within ten (10) days following the local board's
decision. Consideration by the local board shall be pursuant to this
article and the rules and regulations of the State Board. The State
Board shall furnish all required forms.
Amended by Laws 1985, c. 222, § 5, emerg. eff. July 8, 1985.
§11-49-105.2. Joining system - Application for affiliation -
Consolidation of systems.
A. An eligible employer may join the System on the first day of
any month. Application for affiliation shall be in the form of a
resolution approved by the governing body of the eligible employer or
by any other body or officer authorized by law or recognized by the
State Board to approve such resolution or action. Upon the filing of
a certified copy of such resolution with the State Board, such
election shall be irrevocable and the eligible employer shall become
a participating municipality on the first day of the month
immediately following the filing of such election with the State
Board.
B. Any municipality that has a municipal firefighters pension
and retirement system prior to January 1, 1981, shall consolidate its
system with the state System and become aparticipating municipality
on the first entry date as provided in this article.
Amended by Laws 1987, c. 236, § 144, emerg. eff. July 20, 1987.
§11-49-105.3. Municipalities contracting with private entities to
provide fire protection.
Any participating municipality that contracts with private
organizations, corporations or companies to provide fire protection
in this state shall meet the requirements of the Oklahoma
Firefighters Pension and Retirement System and the fire fighters of
the participating municipality shall be members of the system.
Added by Laws 1988, c. 267, § 3, operative July 1, 1988.
§11-49-106. Retirement benefits - Waiver of benefits - Direct
payment to insurer.
A. Any firefighter who reaches the firefighter’s normal
retirement date shall be entitled, upon written request, to retire
from such service and be paid from the System a monthly pension equal
to the member’s accrued retirement benefit; provided, that the
pension shall cease during any period of time the member may
thereafter serve for compensation in any municipal fire department in
the state. If such a member is reemployed by a participating
municipality in a position which is not covered by the System,
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retirement shall also include receipt by such member of in-service
distributions from the System.
B. With respect to distributions under the System made for
calendar years beginning on or after January 1, 2005, the System
shall apply the minimum distribution incidental benefit requirements,
incidental benefit requirements, and minimum distribution
requirements of Section 401(a)(9) of the Internal Revenue Code of
1986, as amended, in accordance with the final regulations under
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended,
which were issued in April 2002 and June 2004, notwithstanding any
provision of the System to the contrary. With respect to
distributions under the System made for calendar years beginning on
or after January 1, 2001 through December 31, 2004, the System shall
apply the minimum distribution requirements and incidental benefit
requirements of Section 401(a)(9) of the Internal Revenue Code of
1986, as amended, in accordance with the regulations under Section
401(a)(9) of the Internal Revenue Code of 1986, as amended, which
were proposed in January 2001, notwithstanding any provision of the
System to the contrary. Effective July 1, 1989, notwithstanding any
other provision contained herein to the contrary, in no event shall
commencement of distribution of the accrued retirement benefit of a
member be delayed beyond April 1 of the calendar year following the
later of:
1. The calendar year in which the member reaches seventy and
one-half (70 1/2) years of age; or
2. The actual retirement date of the member.
Effective September 8, 2009, notwithstanding anything to the
contrary of the System, the System, which is a governmental plan
(within the meaning of Section 414(d) of the Internal Revenue Code of
1986, as amended) is treated as having complied with Section 401(a)
(9) of the Internal Revenue Code of 1986, as amended, for all years
to which Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended, applies to the System if the System complies with a
reasonable and good faith interpretation of Section 401(a)(9) of the
Internal Revenue Code of 1986, as amended.
C. Any member or beneficiary eligible to receive a monthly
benefit from the System may make an election to waive all or a
portion of monthly benefits.
D. If the requirements of Section 49-106.5 of this title are
satisfied, a member who, by reason of attainment of normal retirement
date or age, is separated from service as a public safety officer
with the member’s participating municipality, may elect to have
payment made directly to the provider for qualified health insurance
premiums by deduction from his or her monthly pension payment, after
December 31, 2006, in accordance with Section 402(1) of the Internal
Revenue Code of 1986, as amended.
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Added by Laws 1977, c. 256, § 49-106, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 15, eff. Jan. 1, 1981; Laws 1981, c. 99, § 1,
emerg. eff. April 22, 1981; Laws 1989, c. 249, § 41, eff. Jan. 1,
1989; Laws 1999, c. 193, § 2, eff. July 1, 1999; Laws 2002, c. 398, §
3, eff. July 1, 2002; Laws 2003, c. 128, § 2, eff. July 1, 2003; Laws
2004, c. 546, § 2, eff. July 1, 2004; Laws 2005, c. 203, § 1, emerg.
eff. May 20, 2005; Laws 2007, c. 345, § 1, eff. July 1, 2007; Laws
2011, c. 279, § 2, emerg. eff. May 19, 2011.
§11-49-106.1. Oklahoma Firefighters Deferred Option Plan.
A. In lieu of terminating employment and accepting a service
retirement pension pursuant to Sections 49-101 and 49-106 of this
title, any member of the Oklahoma Firefighters Pension and Retirement
System serving as an active firefighter in a fire department of a
participating municipality who has not less than twenty (20) years of
creditable service, or any member of the Oklahoma Firefighters
Pension and Retirement System whose first employment with a
participating employer of the System occurs on or after November 1,
2013, and who has not less than twenty-two (22) years of creditable
service and who is eligible to receive a service retirement pension
may elect to participate in the Oklahoma Firefighters Deferred Option
Plan and defer the receipts of benefits in accordance with the
provisions of this section.
B. For purposes of this section, creditable service shall
include service credit reciprocally recognized pursuant to Sections
49-100.1 through 49-100.8 and Sections 49-101, 49-101.1 and 49-101.2
of this title but for eligibility purposes only.
C. The duration of participation in the Oklahoma Firefighters
Deferred Option Plan for active firefighters shall not exceed five
(5) years. Participation in the Oklahoma Firefighters Deferred
Option Plan must begin the first day of a month and end on the last
day of a month. At the conclusion of a member's participation in the
Oklahoma Firefighters Deferred Option Plan, the member shall
terminate employment with all participating municipalities as a
firefighter, and shall start receiving the member's accrued monthly
retirement benefit from the System. Such a member may be reemployed
by a participating municipality but only in a position not covered
under the System, and receive in-service distributions of such
member's accrued monthly retirement benefit from the System.
D. When a member begins participation in the Oklahoma
Firefighters Deferred Option Plan, the contribution of the member
shall cease. The employer contributions shall continue to be paid in
accordance with subsection B of Section 49-122 of this title.
Employer contributions for members who elect the Oklahoma
Firefighters Deferred Option Plan shall be credited equally to the
Oklahoma Firefighters Pension and Retirement System and to the
member's Oklahoma Firefighters Deferred Option Plan account. The
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monthly retirement benefits that would have been payable had the
member elected to cease employment and receive a service retirement
shall be paid into the member's Oklahoma Firefighters Deferred Option
Plan account.
E. 1. A member who participates in this plan shall be eligible
to receive cost-of-living increases.
2. A member who participates in this plan shall earn interest at
a rate of two percentage points below the rate of return of the
investment portfolio of the System, but no less than the actuarial
assumed interest rate as certified by the actuary in the yearly
evaluation report of the actuary. The interest shall be credited to
the individual account balance of the member on an annual basis.
3. Effective November 1, 2013, the Oklahoma Firefighters
Deferred Option Plan account for a member whose first service with a
participating municipality of the System occurs on or after November
1, 2013, and who participates for the first time in the Oklahoma
Firefighters Deferred Option Plan on or after November 1, 2013, and
has completed active participation in the Oklahoma Firefighters
Deferred Option Plan, shall earn interest at a rate equal to the
actual rate of return of the investment portfolio of the System, less
one (1) percentage point to offset administrative costs of the System
as determined by the System.
F. A member in the plan shall receive, at the option of the
member, a lump-sum payment from the account equal to the payments to
the account or an annuity based upon the account of the member or may
elect any other method of payment if approved by the Board of
Trustees. If a member becomes so physically or mentally disabled
while in, or in consequence of, the performance of his or her duty as
to prevent the effective performance of his or her duties that the
State Board approves an in-line-of-duty disability pension, the
payment from the account shall be an in-line-of-duty disability
payment. Notwithstanding any other provision contained herein to the
contrary, commencement of distributions under the Oklahoma
Firefighters Deferred Option Plan shall be no later than the time as
set forth in subsection B of Section 49-106 of this title and a
member whose first service with a participating municipality of the
System occurs on or after November 1, 2013, and who participates for
the first time in the Oklahoma Firefighters Deferred Option Plan on
or after November 1, 2013, must receive a distribution of the entire
remaining balance in the member's Oklahoma Firefighters Deferred
Option Plan account no later than April 1 of the calendar year
following the later of:
1. The calendar year in which the member reaches seventy and
one-half (70 1/2) years of age; or
2. The actual retirement date of the member.
G. If a member dies while maintaining an account balance in the
plan the System shall pay to the designated recipient or recipients
D$,$$)"!!"$ '3 " :$&(6
of the member, or if there is no designated recipient or if the
designated recipient predeceases the member, to the spouse of the
member, or if there is no spouse or if the spouse predeceases the
member, to the estate of the member a lump-sum payment equal to the
account balance of the member. If such member was receiving, or
eligible to receive, an in-line-of-duty disability pension at the
time of his or her death, payment of the account balance shall be an
in-line-of-duty disability payment. If a designated recipient is the
surviving spouse of the member, the surviving spouse shall receive
his or her portion of the account balance of the member pursuant to
subsection F of this section. The surviving spouse, whether or not
he or she is a designated recipient of the member, may elect to
receive his or her portion of the account balance of the member in
the same manner as was applicable to the member.
H. In lieu of participating in the Oklahoma Firefighters
Deferred Option Plan pursuant to subsections A, B, C, D, E and F of
this section, a member may elect to participate in the Oklahoma
Firefighters Deferred Option Plan pursuant to this subsection as
follows:
1. For purposes of this subsection and subsection I of this
section, the following definitions shall apply:
a. "back drop date" means the member's normal retirement
date or the date five (5) years before the member
elects to participate in the Oklahoma Firefighters
Deferred Option Plan, whichever date is later,
b. "termination date" means the date the member elects to
participate in the Oklahoma Firefighters Deferred
Option Plan pursuant to this subsection, and the date
the member terminates employment with all participating
municipalities as an active firefighter,
c. "earlier attained credited service" means the credited
service earned by a member as of the back drop date,
and
d. "deferred benefit balance" means all monthly retirement
benefits that would have been payable had the member
elected to cease employment on the back drop date and
receive a service retirement from the back drop date to
the termination date, all the member's contributions
and one-half (1/2) of the employer contributions from
the back drop date to the termination date, with
interest based on how the benefit would have
accumulated on a compound annual basis as if the member
had participated in the Oklahoma Firefighters Deferred
Option Plan pursuant to subsections A, B, C, D, E and F
of this section from the back drop date to the
termination date; and
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2. At the termination date, the monthly pension benefit shall be
determined based on earlier attained credited service and on the
final average salary as of the back drop date. The member's
individual deferred option account shall be credited with an amount
equal to the deferred benefit balance, the member shall terminate
employment with all participating municipalities as a firefighter,
and shall start receiving the member's accrued monthly retirement
benefit from the System. Such a member may be reemployed by a
participating municipality but only in a position not covered under
the System, and receive in-service distributions of such member's
accrued monthly retirement benefit from the System. The provisions
of subsections B, C, E, F and G of this section shall apply to this
subsection. A member shall not participate in the Oklahoma
Firefighters Deferred Option Plan pursuant to this subsection if the
member has elected to participate in the Oklahoma Firefighters
Deferred Option Plan pursuant to subsections A, B, C, D, E and F of
this section.
I. Certain surviving spouses and members shall be eligible to
participate in the Oklahoma Firefighters Deferred Option Plan
pursuant to subsection H of this section and this subsection.
1. For purposes of this subsection, the following definitions
shall apply:
a. "back drop election date" means the date the surviving
spouse or member elects to commence participation in
the Oklahoma Firefighters Deferred Option Plan pursuant
to subsection H of this section and this subsection,
b. "interest" means the actuarial assumed interest rate as
certified by the actuary in the yearly evaluation
report of the actuary,
c. "monthly adjustment amount" means the difference
between the monthly pension prior to the back drop
election and the adjusted monthly pension due to the
back drop election,
d. "back drop pension adjustment amount" means the sum of
all the monthly adjustment amounts adjusted for
interest from the pension commencement date to the back
drop election date, and
e. "deferred benefit balance adjustment amount" means the
interest on the deferred benefit balance from the
pension commencement date to the back drop election
date.
2. If a member who has more than twenty (20) years of creditable
service and is eligible to receive a service, or a member of the
Oklahoma Firefighters Pension and Retirement System whose first
employment with a participating employer of the System occurs on or
after November 1, 2013, and such member has more than twenty-two (22)
years of creditable service, retirement pension dies on or after June
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4, 2007, and prior to terminating employment, the member's surviving
spouse shall be eligible to elect to receive a benefit determined as
if the member had elected to participate in the Oklahoma Firefighters
Deferred Option Plan in accordance with subsection H of this section
on the day immediately preceding such member's death. Prior to July
1, 2010, the surviving spouse must make any such election within one
(1) year from the date of the member's death. Effective July 1,
2010, the surviving spouse must make any such election within ninety
(90) days from the date of the member's death. If on or after June
4, 2007, such election is made, the monthly pension such surviving
spouse is entitled to receive shall be adjusted in accordance with
the provisions of subsection H of this section to account for the
member's participation in the Oklahoma Firefighters Deferred Option
Plan. The surviving spouse may only make this election if the member
has not previously elected to participate in the Oklahoma
Firefighters Deferred Option Plan. For purposes of this election,
the surviving spouse must have been married to the firefighter for
the thirty (30) continuous months preceding the firefighter's death;
provided, the surviving spouse of a member who died while in, or as a
consequence of, the performance of the member's duty for a
participating municipality shall not be subject to the marriage
limitation for this election.
3. If a member has more than twenty (20) years of creditable
service, or a member of the Oklahoma Firefighters Pension and
Retirement System whose first employment with a participating
employer of the System occurs on or after November 1, 2013, and such
member has more than twenty-two (22) years of creditable service and
is eligible to receive a service retirement pension, and is eligible
for a retirement for disability monthly pension pursuant to Section
49-109 of this title on or after June 4, 2007, such member shall be
eligible to elect to receive a benefit determined as if the member
had elected to participate in the Oklahoma Firefighters Deferred
Option Plan, in accordance with subsection H of this section, on the
day immediately preceding the date of the member's disability
retirement, provided such election is made within two (2) years from
the date of the member's disability retirement. The disability
monthly pension such member is receiving, or entitled to receive,
shall be adjusted in accordance with the provisions of subsection H
of this section to account for the member's participation in the
Oklahoma Firefighters Deferred Option Plan. The deferred benefit
balance such member is entitled to receive shall be reduced by the
back drop pension adjustment amount and increased by the deferred
benefit balance adjustment amount. The member may only make a back
drop election if the deferred benefit balance after the adjustment
described in this paragraph is greater than Zero Dollars ($0.00).
The member may only make this election if the member has not
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previously elected to participate in the Oklahoma Firefighters
Deferred Option Plan.
4. If a member has more than twenty (20) years of creditable
service, or a member of the Oklahoma Firefighters Pension and
Retirement System whose first employment with a participating
employer of the System occurs on or after November 1, 2013, and such
member has more than twenty-two (22) years of creditable service and
is eligible to receive a service retirement pension, and filed a
grievance for wrongful termination occurring on or after June 4,
2007, or is not a member of a collective bargaining organization as a
firefighter, is involuntarily terminated and is seeking to have his
or her position as a firefighter reinstated through a legal process,
but is not reinstated as an active member, such member shall be
eligible to elect to receive a benefit determined as if the member
had elected to participate in the Oklahoma Firefighters Deferred
Option Plan in accordance with subsection H of this section on the
day immediately preceding the date of the member's termination. Such
election must be made within two (2) years from the date of the
member's termination as an active member and, if the member's case
pertaining to the member's termination is on appeal to a court of
competent jurisdiction, within such period set by the State Board in
its sole discretion. The monthly pension such member is receiving,
or entitled to receive, shall be adjusted in accordance with the
provisions of subsection H of this section to account for the
member's participation in the Oklahoma Firefighters Deferred Option
Plan. The deferred benefit balance such member is entitled to
receive shall be reduced by the back drop pension adjustment amount
and increased by the deferred benefit balance adjustment amount. The
member may only make a back drop election if the deferred benefit
balance after the adjustment described in this paragraph is greater
than Zero Dollars ($0.00). The member may only make this election if
the member has not previously elected to participate in the Oklahoma
Firefighters Deferred Option Plan.
5. Subparagraphs d and e of paragraph 1 and paragraphs 3 and 4
of this subsection are effective June 4, 2007, provided the Internal
Revenue Service issues a favorable determination letter for the
System which includes the provisions of such subparagraphs and
paragraphs without modification or as modified to conform to any
changes required by the Internal Revenue Service as part of its
determination letter review process. In the event the Internal
Revenue Service does not issue such a determination letter which
includes the provisions of such subparagraphs or paragraphs without
modification or as modified to conform to any changes required by the
Internal Revenue Service as part of its determination letter review
process, then subparagraphs d and e of paragraph 1 and paragraphs 3
and 4 of this subsection shall be repealed effective June 4, 2007.
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Added by Laws 1989, c. 109, § 1. Amended by Laws 1990, c. 334, § 1,
operative July 1, 1990; Laws 1993, c. 353, § 1, emerg. eff. June 10,
1993; Laws 1997, c. 247, § 1, eff. July 1, 1997; Laws 2003, c. 80, §
1, eff. July 1, 2003; Laws 2003, c. 334, § 2, emerg. eff. May 29,
2003; Laws 2004, c. 546, § 3, eff. July 1, 2004; Laws 2007, c. 356, §
2, emerg. eff. June 4, 2007; Laws 2008, c. 177, § 1, eff. July 1,
2008; Laws 2010, c. 438, § 2, emerg. eff. June 9, 2010; Laws 2013, c.
165, § 2, eff. Nov. 1, 2013; Laws 2013, c. 388, § 4, eff. Nov. 1,
2013; Laws 2014, c. 281, § 3, emerg. eff. May 12, 2014.
NOTE: Laws 2003, c. 128, § 3 repealed by Laws 2003, c. 334, § 5,
emerg. eff. May 29, 2003.
§11-49-106.2. Limitations on benefits relating to Section 415 of
Internal Revenue Code of 1986.
A. For limitation years prior to July 1, 2007, the limitations
of Section 415 of the Internal Revenue Code of 1986, as amended,
shall be computed in accordance with the applicable provisions of the
System in effect at that time and, to the extent applicable, Revenue
Ruling 98-1 and Revenue Ruling 2001-51, except as provided below.
Notwithstanding any other provision contained herein to the contrary,
the benefits payable to a member from the System provided by employer
contributions (including contributions picked up by the employer
under Section 414(h) of the Internal Revenue Code of 1986, as
amended) shall be subject to the limitations of Section 415 of the
Internal Revenue Code of 1986, as amended, in accordance with the
provisions of this section. The limitations of this section shall
apply in limitation years beginning on or after July 1, 2007, except
as otherwise provided below.
B. Except as provided below, effective for limitation years
ending after December 31, 2001, any accrued retirement benefit
payable to a member as an annual benefit as described below shall not
exceed One Hundred Sixty Thousand Dollars ($160,000.00),
automatically adjusted under Section 415(d) of the Internal Revenue
Code of 1986, as amended, for increases in the cost of living, as
prescribed by the Secretary of the Treasury or his or her delegate,
effective January 1 of each calendar year and applicable to the
limitation year ending with or within such calendar year. The
automatic annual adjustment of the dollar limitation in this
subsection under Section 415(d) of the Internal Revenue Code of 1986,
as amended, shall apply to a member who has had a severance from
employment.
1. The member's annual benefit is a benefit that is payable
annually in the form of a straight life annuity. Except as provided
below, where a benefit is payable in a form other than a straight
life annuity, the benefit shall be adjusted to an actuarially
equivalent straight life annuity that begins at the same time as such
other form of benefit and is payable on the first day of each month,
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before applying the limitations of this section. For a member who
has or will have distributions commencing at more than one annuity
starting date, the annual benefit shall be determined as of each such
annuity starting date (and shall satisfy the limitations of this
section as of each such date), actuarially adjusting for past and
future distributions of benefits commencing at the other annuity
starting dates. For this purpose, the determination of whether a new
starting date has occurred shall be made without regard to Section
1.401(a)-20, Q&A 10(d), and with regard to Section 1.415(b)-1(b)(1)
(iii)(B) and (C) of the Income Tax Regulations.
2. No actuarial adjustment to the benefit shall be made for:
a. survivor benefits payable to a surviving spouse under a
qualified joint and survivor annuity to the extent such
benefits would not be payable if the member's benefit
were paid in another form,
b. benefits that are not directly related to retirement
benefits such as a qualified disability benefit,
preretirement incidental death benefits, and
postretirement medical benefits, or
c. the inclusion in the form of benefit of an automatic
benefit increase feature, provided, the form of benefit
is not subject to Section 417(e)(3) of the Internal
Revenue Code of 1986, as amended, and would otherwise
satisfy the limitations of this section, and the System
provides that the amount payable under the form of
benefit in any limitation year shall not exceed the
limits of this section applicable at the annuity
starting date, as increased in subsequent years
pursuant to Section 415(d) of the Internal Revenue Code
of 1986, as amended. For this purpose, an automatic
benefit increase feature is included in a form of
benefit if the form of benefit provides for automatic,
periodic increases to the benefits paid in that form.
3. The determination of the annual benefit shall take into
account Social Security supplements described in Section 411(a)(9) of
the Internal Revenue Code of 1986, as amended, and benefits
transferred from another defined benefit plan, other than transfers
of distributable benefits pursuant to Section 1.411(d)-4, Q&A-3(c),
of the Income Tax Regulations, but shall disregard benefits
attributable to employee contributions or rollover contributions.
4. Effective for distributions in plan years beginning after
December 31, 2003, the determination of actuarial equivalence of
forms of benefit other than a straight life annuity shall be made in
accordance with paragraph 5 or paragraph 6 of this subsection.
5. Benefit Forms Not Subject to Section 417(e)(3) of the
Internal Revenue Code of 1986, as amended: The straight life annuity
that is actuarially equivalent to the member's form of benefit shall
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be determined under this paragraph if the form of the member's
benefit is either:
a. a nondecreasing annuity (other than a straight life
annuity) payable for a period of not less than the life
of the member (or, in the case of a qualified
preretirement survivor annuity, the life of the
surviving spouse), or
b. an annuity that decreases during the life of the member
merely because of:
(1) the death of the survivor annuitant, but only if
the reduction is not below fifty percent (50%) of
the benefit payable before the death of the
survivor annuitant, or
(2) the cessation or reduction of Social Security
supplements or qualified disability payments as
defined in Section 411(a)(9) of the Internal
Revenue Code of 1986, as amended.
c. Limitation Years Beginning Before July 1, 2007. For
limitation years beginning before July 1, 2007, the
actuarially equivalent straight life annuity is equal
to the annual amount of the straight life annuity
commencing at the same annuity starting date that has
the same actuarial present value as the member's form
of benefit computed using whichever of the following
produces the greater annual amount:
(1) the interest rate and the mortality table or other
tabular factor, each as set forth in subsection H
of Section 49-100.9 of this title for adjusting
benefits in the same form, and
(2) a five percent (5%) interest rate assumption and
the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for these
purposes, if applicable) for that annuity starting
date.
d. Limitation Year Beginning On January 1, 2008. For the
limitation year beginning on January 1, 2008, the
actuarially equivalent straight life annuity is equal
to the greater of:
(1) the annual amount of the straight life annuity, if
any, payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
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applicable mortality table described in Revenue
Ruling 2001-62 (or its successor for these
purposes, if applicable) for that annuity starting
date.
e. Limitation Years Beginning On or After July 1, 2008.
For limitation years beginning on or after July 1,
2008, the actuarially equivalent straight life annuity
is equal to the greater of:
(1) the annual amount of the straight life annuity, if
any, payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table within the meaning of
Section 417(e)(3)(B) of the Internal Revenue Code
of 1986, as amended, as described in Revenue
Ruling 2007-67 (and subsequent guidance) for that
annuity starting date.
6. Benefit Forms Subject to Section 417 (e)(3) of the Internal
Revenue Code of 1986, as amended: The straight life annuity that is
actuarially equivalent to the member's form of benefit shall be
determined under this paragraph if the form of the member's benefit
is other than a benefit form described in paragraph 5 of this
subsection. In this case, the actuarially equivalent straight life
annuity shall be determined as follows:
a. Annuity Starting Date on or after January 1, 2009. If
the annuity starting date of the member's form of
benefit is in the period beginning on January 1, 2009
through June 30, 2009, or in a plan year beginning
after June 30, 2009, the actuarially equivalent
straight life annuity is equal to the greatest of
divisions (1), (2) and (3) of this subparagraph:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table or other
tabular factor as set forth in the most recent
actuarial valuation referenced in subsection H of
Section 49-100.9 of this title prior to September
1, 2011, and effective September 1, 2011, in
subsection L of this section for adjusting
benefits in the same form,
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(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
within the meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as
described in Revenue Ruling 2007-67 (and
subsequent guidance), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) i. in a plan year beginning after June 30,
2019, the applicable interest rate under
Section 417(e)(3) of the Internal
Revenue Code of 1986, as amended (and
subsequent guidance), for the fourth
calendar month preceding the plan year
in which falls the annuity starting date
for the distribution and the stability
period is the successive period of one
(1) plan year which contains the annuity
starting date for the distribution and
for which the applicable interest rate
remains constant, and
ii. in a plan year beginning before July 1,
2019, the adjusted first, second, and
third segment rates under Section 417(e)
(3)(C) and (D) of the Internal Revenue
Code of 1986, as amended, applied under
rules similar to the rules of Section
430(h)(2)(C) of the Internal Revenue
Code of 1986, as amended, for the fourth
calendar month preceding the plan year
in which falls the annuity starting date
for the distribution and the stability
period is the successive period of one
plan year which contains the annuity
starting date for the distribution and
for which the applicable interest rate
remains constant, or as otherwise
provided in the applicable guidance if
the first day of the first plan year
beginning after December 31, 2007, does
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not coincide with the first day of the
applicable stability period, and
(b) the applicable mortality table within the
meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as
described in Rev. Rul. 2007-67 (and
subsequent guidance),
divided by one and five one-hundredths (1.05).
b. Annuity Starting Date in the Period Beginning on July
1, 2008 through December 31, 2008. If the annuity
starting date of the member's form of benefit is in the
period beginning on July 1, 2008 through December 31,
2008, the actuarially equivalent straight life annuity
is equal to the greatest of divisions (1), (2) and (3)
of this subparagraph:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table or other
tabular factor each as set forth in subsection H
of Section 49-100.9 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the adjusted first, second, and third segment
rates under Section 417(e)(3)(C) and (D) of
the Internal Revenue Code of 1986, as
amended, applied under rules similar to the
rules of Section 430(h)(2)(C) of the Internal
Revenue Code of 1986, as amended, for the
fourth calendar month preceding the plan year
in which falls the annuity starting date for
the distribution and the stability period is
the successive period of one (1) plan year
which contains the annuity starting date for
the distribution and for which the applicable
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interest rate remains constant, or as
otherwise provided in the applicable guidance
if the first day of the first plan year
beginning after December 31, 2007, does not
coincide with the first day of the applicable
stability period, and
(b) the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable),
divided by one and five one-hundredths (1.05).
c. Annuity Starting Date in Plan Years Beginning in 2006
or 2007. If the annuity starting date of the member's
form of benefit is in a plan year beginning in 2006 or
2007, the actuarially equivalent straight life annuity
is equal to the greatest of divisions (1), (2) and (3)
of this subparagraph:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table (or other
tabular factor) each as set forth in subsection H
of Section 49-100.9 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
described in Revenue Ruling 2001-62 (or its
successor for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the rate of interest on thirty-year Treasury
securities as specified by the Commissioner
for the lookback month for the stability
period specified below. The lookback month
applicable to the stability period is the
fourth calendar month preceding the first day
of the stability period, as specified below.
The stability period is the successive period
of one (1) plan year which contains the
annuity starting date for the distribution
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and for which the applicable interest rate
remains constant, and
(b) the applicable mortality table described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable),
divided by one and five one-hundredths (1.05).
d. Annuity Starting Date in Plan Years Beginning in 2004
or 2005.
(1) If the annuity starting date of the member's form
of benefit is in a plan year beginning in 2004 or
2005, the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following produces
the greater annual amount:
(a) the interest rate and the mortality table or
other tabular factor, each as set forth in
subsection H of Section 49-100.9 of this
title for adjusting benefits in the same
form, and
(b) a five and one-half percent (5.5%) interest
rate assumption and the applicable mortality
table described in Revenue Ruling 2001-62 (or
its successor for these purposes, if
applicable).
(2) If the annuity starting date of the member's
benefit is on or after the first day of the first
plan year beginning in 2004 and before December
31, 2004, the application of this subparagraph
shall not cause the amount payable under the
member's form of benefit to be less than the
benefit calculated under the System, taking into
account the limitations of this section, except
that the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following produces
the greatest annual amount:
(a) the interest rate and mortality table or
other tabular factor, each as set forth in
subsection H of Section 49-100.9 of this
title for adjusting benefits in the same
form,
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(b) i. the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified below.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified below.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for
the distribution and for which the
applicable interest rate remains
constant, and
ii. the applicable mortality table described
in Revenue Ruling 2001-62 (or its
successor for these purposes, if
applicable), and
(c) i. the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified below.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified below.
The stability period is the successive
period of one plan year which contains
the annuity starting date for the
distribution and for which the
applicable interest rate remains
constant (as in effect on the last day
of the last plan year beginning before
January 1, 2004, under provisions of the
System then adopted and in effect), and
ii. the applicable mortality table described
in Revenue Ruling 2001-62 (or its
successor for these purposes, if
applicable).
C. If a member has less than ten (10) years of participation in
the System and all predecessor municipal firefighter pension and
retirement systems, the dollar limitation otherwise applicable under
subsection B of this section shall be multiplied by a fraction, the
numerator of which is the number of the years of participation, or
part thereof, in the System of the member, but never less than one
(1), and the denominator of which is ten (10).
D$,$$)"!!"$ '3 " :$&(
D. Adjustment of Dollar Limitation for Benefit Commencement
Before Sixty-two (62) Years of Age or After Sixty-five (65) Years of
Age: Effective for benefits commencing in limitation years ending
after December 31, 2001, the dollar limitation under subsection B of
this section shall be adjusted if the annuity starting date of the
member's benefit is before sixty-two (62) years of age or after
sixty-five (65) years of age. If the annuity starting date is before
sixty-two (62) years of age, the dollar limitation under subsection B
of this section shall be adjusted under paragraph 1 of this
subsection, as modified by paragraph 3 of this subsection, but
subject to paragraph 4 of this subsection. If the annuity starting
date is after sixty-five (65) years of age, the dollar limitation
under subsection B of this section shall be adjusted under paragraph
2 of this subsection, as modified by paragraph 3 of this subsection.
1. Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Sixty-two (62) Years of Age:
a. Limitation Years Beginning Before July 1, 2007. If the
annuity starting date for the member's benefit is prior
to sixty-two (62) years of age and occurs in a
limitation year beginning before July 1, 2007, the
dollar limitation for the member's annuity starting
date is the annual amount of a benefit payable in the
form of a straight life annuity commencing at the
member's annuity starting date that is the actuarial
equivalent of the dollar limitation under subsection B
of this section (adjusted under subsection C of this
section for years of participation less than ten (10),
if required) with actuarial equivalence computed using
whichever of the following produces the smaller annual
amount:
(1) the interest rate and the mortality table or other
tabular factor, each as set forth in subsection H
of Section 49-100.9 of this title, or
(2) a five percent (5%) interest rate assumption and
the applicable mortality table as described in
Revenue Ruling 2001-62 (or its successor for these
purposes, if applicable).
b. Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Sixty-two
(62) Years of Age and the Age of Benefit
Commencement.
(a) If the annuity starting date for the member's
benefit is prior to sixty-two (62) years of
age and occurs in the limitation year
beginning on January 1, 2008, and the System
does not have an immediately commencing
D$,$$)"!!"$ '3 " :$&(
straight life annuity payable at both sixty-
two (62) years of age and the age of benefit
commencement, the dollar limitation for the
member's annuity starting date is the annual
amount of a benefit payable in the form of a
straight life annuity commencing at the
member's annuity starting date that is the
actuarial equivalent of the dollar limitation
under subsection B of this section (adjusted
under subsection C of this section for years
of participation less than ten (10), if
required) with actuarial equivalence computed
using a five percent (5%) interest rate
assumption and the applicable mortality table
for the annuity starting date as described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable) (and
expressing the member's age based on
completed calendar months as of the annuity
starting date).
(b) If the annuity starting date for the member's
benefit is prior to sixty-two (62) years of
age and occurs in a limitation year beginning
on or after January 1, 2009, and the System
does not have an immediately commencing
straight life annuity payable at both sixty-
two (62) years of age and the age of benefit
commencement, the dollar limitation for the
member's annuity starting date is the annual
amount of a benefit payable in the form of a
straight life annuity commencing at the
member's annuity starting date that is the
actuarial equivalent of the dollar limitation
under subsection B of this section (adjusted
under subsection C of this section for years
of participation less than ten (10), if
required) with actuarial equivalence computed
using a five percent (5%) interest rate
assumption and the applicable mortality table
within the meaning of Section 417(e)(3)(B) of
the Internal Revenue Code of 1986, as
amended, as described in Revenue Ruling 2007-
67 (and subsequent guidance) (and expressing
the member's age based on completed calendar
months as of the annuity starting date).
(2) System Has Immediately Commencing Straight Life
Annuity Payable at Both Sixty-two (62) Years of
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Age and the Age of Benefit Commencement. If the
annuity starting date for the member's benefit is
prior to sixty-two (62) years of age and occurs in
a limitation year beginning on or after July 1,
2007, and the System has an immediately commencing
straight life annuity payable at both sixty-two
(62) years of age and the age of benefit
commencement, the dollar limitation for the
member's annuity starting date is the lesser of
the limitation determined under division (1) of
this subparagraph and the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if required)
multiplied by the ratio of the annual amount of
the immediately commencing straight life annuity
under the System at the member's annuity starting
date to the annual amount of the immediately
commencing straight life annuity under the System
at sixty-two (62) years of age, both determined
without applying the limitations of this section.
(3) Effective for limitation years commencing on or
after January 1, 2014, notwithstanding any other
provision of paragraph 1 of this subsection, the
age-adjusted dollar limit applicable to a member
shall not decrease on account of an increase in
age or the performance of additional services.
2. Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement After Sixty-five (65) Years of Age:
a. Limitation Years Beginning Before July 1, 2007. If the
annuity starting date for the member's benefit is after
sixty-five (65) years of age and occurs in a limitation
year beginning before July 1, 2007, the dollar
limitation for the member's annuity starting date is
the annual amount of a benefit payable in the form of a
straight life annuity commencing at the member's
annuity starting date that is the actuarial equivalent
of the dollar limitation under subsection B of this
section (adjusted under subsection C of this section
for years of participation less than ten (10), if
required) with actuarial equivalence computed using
whichever of the following produces the smaller annual
amount:
(1) the interest rate and the mortality table or other
tabular factor, each as set forth in subsection H
of Section 49-100.9 of this title, or
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(2) a five percent (5%) interest rate assumption and
the applicable mortality table as described in
Revenue Ruling 2001-62 (or its successor for these
purposes, if applicable).
b. Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Sixty-five
(65) Years of Age and the Age of Benefit
Commencement.
(a) If the annuity starting date for the member's
benefit is after sixty-five (65) years of age
and occurs in the limitation year beginning
on January 1, 2008, and the System does not
have an immediately commencing straight life
annuity payable at both sixty-five (65) years
of age and the age of benefit commencement,
the dollar limitation at the member's annuity
starting date is the annual amount of a
benefit payable in the form of a straight
life annuity commencing at the member's
annuity starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence computed
using a five percent (5%) interest rate
assumption and the applicable mortality table
for the annuity starting date as described in
Revenue Ruling 2001-62 (or its successor for
these purposes, if applicable) (and
expressing the member's age based on
completed calendar months as of the annuity
starting date).
(b) If the annuity starting date for the member's
benefit is after sixty-five (65) years of age
and occurs in a limitation year beginning on
or after January 1, 2009, and the System does
not have an immediately commencing straight
life annuity payable at both sixty-five (65)
years of age and the age of benefit
commencement, the dollar limitation at the
member's annuity starting date is the annual
amount of a benefit payable in the form of a
straight life annuity commencing at the
member's annuity starting date that is the
actuarial equivalent of the dollar limitation
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under subsection B of this section (adjusted
under subsection C of this section for years
of participation less than ten (10), if
required) with actuarial equivalence computed
using a five percent (5%) interest rate
assumption and the applicable mortality table
within the meaning of Section 417(e)(3)(B) of
the Internal Revenue Code of 1986, as
amended, as described in Revenue Ruling 2007-
67 (and subsequent guidance) (and expressing
the member's age based on completed calendar
months as of the annuity starting date).
(2) System Has Immediately Commencing Straight Life
Annuity Payable at Both Sixty-five (65) Years of
Age and Age of Benefit Commencement. If the
annuity starting date for the member's benefit is
after sixty-five (65) years of age and occurs in a
limitation year beginning on or after July 1,
2007, and the System has an immediately commencing
straight life annuity payable at both sixty-five
(65) years of age and the age of benefit
commencement, the dollar limitation at the
member's annuity starting date is the lesser of
the limitation determined under division (1) of
this subparagraph and the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if required)
multiplied by the ratio of the annual amount of
the adjusted immediately commencing straight life
annuity under the System at the member's annuity
starting date to the annual amount of the adjusted
immediately commencing straight life annuity under
the System at sixty-five (65) years of age, both
determined without applying the limitations of
this section. For this purpose, the adjusted
immediately commencing straight life annuity under
the System at the member's annuity starting date
is the annual amount of such annuity payable to
the member, computed disregarding the member's
accruals after sixty-five (65) years of age but
including actuarial adjustments even if those
actuarial adjustments are used to offset accruals;
and the adjusted immediately commencing straight
life annuity under the System at sixty-five (65)
years of age is the annual amount of such annuity
that would be payable under the System to a
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hypothetical member who is sixty-five (65) years
of age and has the same accrued benefit as the
member.
3. Notwithstanding the other requirements of this subsection, in
adjusting the dollar limitation for the member's annuity starting
date under subparagraph a of paragraph 1 of this subsection, division
(1) of subparagraph b of paragraph 1 of this subsection, subparagraph
a of paragraph 2 of this subsection, or division (1) of subparagraph
b of paragraph 2 of this subsection, no adjustment shall be made to
reflect the probability of a member's death between the annuity
starting date and sixty-two (62) years of age, or between sixty-five
(65) years of age and the annuity starting date, as applicable, if
benefits are not forfeited upon the death of the member prior to the
annuity starting date. To the extent benefits are forfeited upon
death before the annuity starting date, such an adjustment shall be
made. For this purpose, no forfeiture shall be treated as occurring
upon the member's death if the System does not charge members for
providing a qualified preretirement survivor annuity, as defined in
Section 417(c) of the Internal Revenue Code of 1986, as amended, upon
the member's death.
4. Notwithstanding any other provision to the contrary, for
limitation years beginning on or after January 1, 1997, if payment
begins before the member reaches sixty-two (62) years of age, the
reductions in the limitations in this subsection shall not apply to a
member who is a "qualified participant" as defined in Section 415(b)
(2)(H) of the Internal Revenue Code of 1986, as amended.
E. Minimum Benefit Permitted: Notwithstanding anything else in
this section to the contrary, the benefit otherwise accrued or
payable to a member under this System shall be deemed not to exceed
the maximum permissible benefit if:
1. The retirement benefits payable for a limitation year under
any form of benefit with respect to such member under this System and
under all other defined benefit plans (without regard to whether a
plan has been terminated) ever maintained by a participating
municipality do not exceed Ten Thousand Dollars ($10,000.00)
multiplied by a fraction:
a. the numerator of which is the member's number of
credited years (or part thereof, but not less than one
(1) year) of service (not to exceed ten (10) years)
with the participating municipality, and
b. the denominator of which is ten (10); and
2. The participating municipality (or a predecessor employer)
has not at any time maintained a defined contribution plan in which
the member participated (for this purpose, mandatory employee
contributions under a defined benefit plan, individual medical
accounts under Section 401(h) of the Internal Revenue Code of 1986,
as amended, and accounts for postretirement medical benefits
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established under Section 419A(d)(1) of the Internal Revenue Code of
1986, as amended, are not considered a separate defined contribution
plan).
F. In no event shall the maximum annual accrued retirement
benefit of a member allowable under this section be less than the
annual amount of such accrued retirement benefit, including early
pension and qualified joint and survivor annuity amounts, duly
accrued by the member as of the last day of the limitation year
beginning in 1982, or as of the last day of the limitation year
beginning in 1986, whichever is greater, disregarding any plan
changes or cost-of-living adjustments occurring after July 1, 1982,
as to the 1982 accrued amount, and May 5, 1986, as to the 1986
accrued amount.
G. For limitation years beginning on or after January 1, 1995,
subsection C of this section, paragraph 1 of subsection D of this
section, and the proration provided under subparagraphs a and b of
paragraph 1 of subsection E of this section, shall not apply to a
benefit paid under the System as a result of the member becoming
disabled by reason of personal injuries or sickness, or amounts
received by the beneficiaries, survivors or estate of the member as a
result of the death of the member.
H. If a member purchases service credit under the System, which
qualifies as "permissive service credit" pursuant to Section 415(n)
of the Internal Revenue Code of 1986, as amended, the limitations of
Section 415 of the Internal Revenue Code of 1986, as amended, may be
met by either:
1. Treating the accrued benefit derived from such contributions
as an annual benefit under subsection B of this section; or
2. Treating all such contributions as annual additions for
purposes of Section 415(c) of the Internal Revenue Code of 1986, as
amended.
I. If a member repays to the System any amounts refunded from
the System because of the member's prior termination or any other
amount which qualifies as a repayment under Section 415(k)(3) of the
Internal Revenue Code of 1986, such repayment shall not be taken into
account for purposes of Section 415 of the Internal Revenue Code of
1986, as amended, pursuant to Section 415(k)(3) of the Internal
Revenue Code of 1986, as amended.
J. For distributions made in limitation years beginning on or
after January 1, 2000, the combined limit of repealed Section 415(e)
of the Internal Revenue Code of 1986, as amended, shall not apply.
K. The State Board is hereby authorized to revoke the special
election previously made on June 21, 1991, under Section 415(b)(10)
of the Internal Revenue Code of 1986, as amended.
L. Effective September 1, 2011, the interest rate and mortality
assumptions for the System used to determine the actuarial
equivalence of a member's form of benefit shall be set by the State
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Board in a manner that precludes employer discretion, shall be based
upon recommendations from independent professional advisors and shall
be published annually in the actuarial valuation.
M. All benefits payable from the Oklahoma Firefighters Pension
and Retirement System including payments from the deferred option
plan under Section 49-106.1 of this title shall be paid from the
general assets of the Oklahoma Firefighters Pension and Retirement
Fund pursuant to subsection B of Section 49-100.11 of this title.
Added by Laws 1991, c. 323, § 2, emerg. eff. June 12, 1991. Amended
by Laws 1999, c. 193, § 3, eff. July 1, 1999; Laws 2000, c. 327, § 8,
eff. July 1, 2000; Laws 2003, c. 128, § 4, eff. July 1, 2003; Laws
2008, c. 177, § 2, eff. July 1, 2008; Laws 2010, c. 438, § 3, emerg.
eff. June 9, 2010; Laws 2011, c. 279, § 3, emerg. eff. May 19, 2011;
Laws 2012, c. 364, § 5; Laws 2013, c. 388, § 5, emerg. eff. May 29,
2013; Laws 2014, c. 281, § 4, emerg. eff. May 12, 2014; Laws 2019, c.
346, § 1, eff. July 1, 2019.
§11-49-106.3. Payment of distribution to retirement plan.
A. For distributions made on or after January 1, 2002, and
notwithstanding any provision of the System to the contrary that
would otherwise limit a Distributee's election hereunder, a
Distributee, including a nonspouse designated beneficiary, to the
extent permitted under paragraph 3 of subsection B of this section,
may elect, at the time and in the manner prescribed by the State
Board, to have any portion of an Eligible Rollover Distribution paid
directly to an Eligible Retirement Plan specified by the Distributee
in a Direct Rollover.
B. For purposes of this section, the following definitions shall
apply:
1. "Eligible Rollover Distribution" means any distribution of
all or any portion of the balance to the credit of the Distributee,
except that an Eligible Rollover Distribution does not include any
distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or
life expectancy) of the Distributee or the joint lives (or life
expectancies) of the Distributee and the Distributee's designated
beneficiary, or for a specified period of ten (10) years or more; any
distribution to the extent such distribution is required under
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended;
and the portion of any distribution that is not includable in gross
income. A portion of a distribution shall not fail to be an Eligible
Rollover Distribution merely because the portion consists of after-
tax member contributions or any other distribution which is not
includable in gross income. However, such portion may be transferred
only:
(a) from January 1, 2002, through December 31, 2006:
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(1) to an individual retirement account or annuity
described in Section 408(a) or (b) of the Internal
Revenue Code of 1986, as amended, or
(2) in a direct trustee-to-trustee transfer, to a
qualified trust which is a part of a defined
contribution plan that agrees to separately
account for amounts so transferred, including
separately accounting for the portion of such
distribution which is includable in gross income
and the portion of such distribution which is not
so includable, and
(b) on or after January 1, 2007:
(1) to an individual retirement account or annuity
described in Section 408(a) or (b) of the Internal
Revenue Code of 1986, as amended, or
(2) in a direct trustee-to-trustee transfer, to a
qualified trust or an annuity contract described
in Section 403(b) of the Internal Revenue Code of
1986, as amended, and such trust or contract
provides for separate accounting for amounts so
transferred (and earnings thereon), including
separately accounting for the portion of such
distribution which is includable in gross income
and the portion of such distribution which is not
so includable.
Effective for distributions after December 31, 2007, such after-
tax portion may also be directly transferred to a Roth individual
retirement account or annuity described in Section 408A of the
Internal Revenue Code of 1986, as amended, (Roth IRA), subject to any
limitations described in Section 408A(c) of the Internal Revenue Code
of 1986, as amended;
2. "Eligible Retirement Plan" means an individual retirement
account described in Section 408(a) of the Internal Revenue Code of
1986, as amended, an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code of 1986, as amended, an
annuity plan described in Section 403(a) of the Internal Revenue Code
of 1986, as amended, or a qualified trust described in Section 401(a)
of the Internal Revenue Code of 1986, as amended, that accepts the
Distributee's Eligible Rollover Distribution. Effective January 1,
2002, an Eligible Retirement Plan shall also mean an annuity contract
described in Section 403(b) of the Internal Revenue Code of 1986, as
amended, and an eligible plan under Section 457(b) of the Internal
Revenue Code of 1986, as amended, which is maintained by a state,
political subdivision of a state, or any agency or instrumentality of
a state or political subdivision of a state and which agrees to
separately account for amounts transferred into such plan from the
System. Effective for distributions after December 31, 2007, an
D$,$$)"!!"$ '3 " :$&(#
Eligible Retirement Plan includes a Roth IRA, subject to any
limitations described in Section 408A(c) of the Internal Revenue Code
of 1986, as amended. Effective for distributions after December 18,
2015, an Eligible Retirement Plan includes a SIMPLE IRA in accordance
with Section 408(p)(1)(B) of the Internal Revenue Code of 1986, as
amended, for purposes of a rollover contribution to such SIMPLE IRA,
but only if such rollover contribution is made after December 18,
2015, and only if such rollover contribution occurs after the two-
year period described in Section 72(t)(6) of the Internal Revenue
Code of 1986, as amended;
3. "Distributee" means a member whether or not the member is an
active firefighter. In addition, the member's surviving spouse and
the member's spouse or former spouse who is an alternate payee under
a qualified domestic order, as provided in subsection B of Section
49-126 of this title, are Distributees with regard to the interest of
the spouse or former spouse. A Distributee also includes the
member's nonspouse designated beneficiary, and certain trusts
described in Section 402(c)(11)(B) of the Internal Revenue Code of
1986, as amended, pursuant to Section 401(a)(9)(E) of the Internal
Revenue Code of 1986, as amended, who may elect any portion of a
payment to be made in a Direct Rollover only to an individual
retirement account or annuity (other than an endowment contract)
described in Section 408(a) or (b) of the Internal Revenue Code of
1986, as amended (IRA) (including, effective for distributions after
December 18, 2015, a SIMPLE IRA but only if such contribution occurs
after the two-year period described in Code Section 72(t)(6) and is
made in accordance with the Protecting Americans from Tax Hikes Act
of 2015), or, effective for distributions after December 31, 2007, to
a Roth IRA, that is established on behalf of such nonspouse
designated beneficiary for the purpose of receiving the distribution
and that will be treated as an inherited IRA pursuant to the
provisions of Section 402(c)(11) of the Internal Revenue Code of
1986, as amended. Also, in this case, the determination of any
required minimum distribution under Section 401(a)(9) of the Internal
Revenue Code of 1986, as amended, that is ineligible for rollover
shall be made in accordance with Notice 2007-7, Q&A 17 and 18, 2007-5
Internal Revenue Bulletin 395. The required minimum distribution
rules of Section 401(a)(9)(B)(other than clause iv thereof) of the
Internal Revenue Code of 1986, as amended, apply to the transferee
IRA;
4. "Direct Rollover" means a payment by the System to the
Eligible Retirement Plan specified by the Distributee or, in the case
of an automatic rollover, the individual retirement plan that the
State Board designates; and
5. "Mandatory Distribution" means a distribution that is an
Eligible Rollover Distribution subject to Section 401(a)(31) of the
Internal Revenue Code of 1986, as amended, and is made without the
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member's consent to a member before the member attains the later of
age sixty-two (62) or the member's normal retirement date. A
distribution to a surviving spouse, alternate payee, or a
distribution made upon a member's death is not a Mandatory
Distribution for purposes of the automatic rollover requirements of
Section 401(a)(31)(B) of the Internal Revenue Code of 1986, as
amended.
C. At least thirty (30) days before and, effective for years
beginning after December 31, 2006, not more than one hundred eighty
(180) days before the date of distribution, the Distributee (other
than a nonspouse designated beneficiary prior to July 1, 2010) must
be provided with a notice of rights which satisfies Section 402(f) of
the Internal Revenue Code of 1986, as amended, as to rollover options
and tax effects. Such distribution may commence less than thirty
(30) days after the notice is given, provided that:
1. The State Board clearly informs the Distributee that the
Distributee has a right to a period of at least thirty (30) days
after receiving the notice to consider the decision of whether or not
to elect a distribution; and
2. The Distributee, after receiving the notice, affirmatively
elects a distribution.
D. For distributions made after December 31, 2006, but prior to
July 1, 2010, a distribution with respect to a nonspouse designated
beneficiary shall be made in accordance with Notice 2007-7, Q&A 15,
2007-5 Internal Revenue Bulletin 395. Effective for plan years
beginning after December 31, 2009, a distribution with respect to a
nonspouse designated beneficiary shall be subject to Sections 401(a)
(31), 402(f) and 3405(c) of the Internal Revenue Code of 1986, as
amended.
E. Effective for distributions after December 31, 2014, the
guidance under IRS Notice 2014-54 shall be followed for purposes of
determining the portion of a disbursement of benefits from the System
to a Distributee that is not includable in gross income under Section
72 of the Internal Revenue Code of 1986, as amended.
F. In the event of a Mandatory Distribution greater than One
Thousand Dollars ($1,000.00) made on or after June 28, 2018, if the
member does not elect to have such distribution paid directly to an
Eligible Retirement Plan specified by the member in a Direct Rollover
or to receive the distribution directly, then the State Board shall
pay the distribution in a Direct Rollover to an individual retirement
plan designated by the State Board. For purposes of determining
whether a Mandatory Distribution is greater than One Thousand Dollars
($1,000.00), the portion of the member's distribution attributable to
any rollover contribution is included.
Added by Laws 1999, c. 193, § 4, eff. July 1, 1999. Amended by Laws
2000, c. 327, § 9, eff. July 1, 2000; Laws 2003, c. 128, § 5, eff.
July 1, 2003; Laws 2007, c. 345, § 2, eff. July 1, 2007; Laws 2008,
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c. 177, § 3, eff. July 1, 2008; Laws 2010, c. 438, § 4, emerg. eff.
June 9, 2010; Laws 2011, c. 279, § 4, emerg. eff. May 19, 2011; Laws
2012, c. 364, § 6; Laws 2015, c. 367, § 2, emerg. eff. June 4, 2015;
Laws 2017, c. 95, § 1, emerg. eff. April 25, 2017.
§11-49-106.4. Trustee-to-trustee transfer - Rules.
A. An individual who has been designated, pursuant to Section
401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, as the
beneficiary of a deceased member and who is not the surviving spouse
of the member, may elect, in accordance with Section 402(c)(11) of
the Internal Revenue Code of 1986, as amended, to have a direct
trustee-to-trustee transfer of any portion of such beneficiary's
distribution from the Oklahoma Firefighters Pension and Retirement
System made only to an individual retirement account or individual
retirement annuity (other than an endowment contract) described in
Section 408(a) or (b) of the Internal Revenue Code of 1986, as
amended (IRA)(including, effective for distributions after December
18, 2015, a SIMPLE IRA but only if such contribution occurs after the
two-year period described in Section 72(t)(6) of the Internal Revenue
Code of 1986, as amended, and is made in accordance with the
Protecting Americans from Tax Hikes Act of 2015), or, effective for
distributions after December 31, 2007, to a Roth individual
retirement account or annuity described in Section 408A of the
Internal Revenue Code of 1986, as amended (Roth IRA), that is
established on behalf of such designated individual for the purpose
of receiving the distribution. If such transfer is made then:
1. For distributions made after December 31, 2006, but prior to
July 1, 2010, the transfer is treated as an eligible rollover
distribution for purposes of Section 402(c)(11) of the Internal
Revenue Code of 1986, as amended. For plan years beginning after
December 31, 2009, the transfer is treated as an eligible rollover
distribution;
2. The transferee IRA is treated as an inherited individual
retirement account or an inherited individual retirement annuity
(within the meaning of Section 408(d)(3)(C) of the Internal Revenue
Code of 1986, as amended) and must be titled in the name of the
deceased member, for the benefit of the beneficiary; and
3. The required minimum distribution rules of Section 401(a)(9)
(B) (other than clause iv thereof) of the Internal Revenue Code of
1986, as amended, apply to the transferee IRA.
B. A trust maintained for the benefit of one or more designated
beneficiaries shall be treated in the same manner as a designated
beneficiary.
C. The Oklahoma Firefighters Pension and Retirement Board shall
promulgate such rules as are necessary to implement the provisions of
this section.
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Added by Laws 2007, c. 345, § 3, eff. July 1, 2007. Amended by Laws
2010, c. 438, § 5, emerg. eff. June 9, 2010; Laws 2011, c. 279, § 5,
emerg. eff. May 19, 2011; Laws 2012, c. 364, § 7; Laws 2017, c. 95, §
2, emerg. eff. April 25, 2017.
§11-49-106.5. Written election for direct payments - Definitions -
Rules.
A. A member who is an eligible retired public safety officer and
who wishes to have direct payments made toward the member's qualified
health insurance premiums from the member's monthly disability
benefit or monthly pension payment must make a written election in
accordance with Section 402(1) of the Internal Revenue Code of 1986,
as amended, on the form provided by the Oklahoma Firefighters Pension
and Retirement System, as follows:
1. The election must be made after the member separates from
service as a public safety officer with the member's participating
municipality;
2. The election shall only apply to distributions from the
System after December 31, 2006, and to amounts not yet distributed to
the eligible retired public safety officer;
3. Direct payments for an eligible retired public safety
officer's qualified health insurance premiums can only be made from
the member's monthly disability benefit or monthly pension payment
from the System and cannot be made from the Deferred Option Plan; and
4. The aggregate amount of the exclusion from an eligible
retired public safety officer's gross income is Three Thousand
Dollars ($3,000.00) per calendar year.
B. As used in this section:
1. "Public safety officer" means a member serving a public
agency in an official capacity, with or without compensation, as a
law enforcement officer, firefighter, chaplain, or as a member of a
rescue squad or ambulance crew;
2. "Eligible retired public safety officer" means a member who,
by reason of disability or attainment of normal retirement date or
age, is separated from service as a public safety officer with the
member's participating municipality; and
3. "Qualified health insurance premiums" are premiums for
coverage for the eligible retired public safety officer, the eligible
retired public safety officer's spouse, and dependents, as defined in
Section 152 of the Internal Revenue Code of 1986, as amended, by an
accident or health plan or a qualified long-term care insurance
contract, as defined in Section 7702B(b) of the Internal Revenue Code
of 1986, as amended. The health plan does not have to be sponsored
by the eligible retired public safety officer's former participating
municipality.
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C. The Oklahoma Firefighters Pension and Retirement Board shall
promulgate such rules as are necessary to implement the provisions of
this section.
Added by Laws 2007, c. 345, § 4, eff. July 1, 2007. Amended by Laws
2013, c. 388, § 6, emerg. eff. May 29, 2013.
§11-49-108. Volunteer fire fighters with less than 10 years' service
- Pension rights.
A. Any volunteer fire fighter who is appointed as a paid fire
fighter whose first service with a participating employer of the
System occurs prior to November 1, 2013, and serves less than ten
(10) years as a paid fire fighter, shall be entitled to receive one-
twentieth (1/20) of a volunteer pension earned over twenty (20) years
for each full year served as a volunteer fire fighter and one-
twentieth of one-half (1/20 of 1/2) of the average salary received
for each full year the fire fighter served as a paid fire fighter.
Any volunteer fire fighter who is appointed as a paid fire fighter
whose first service with a participating employer of the System
occurs on or after November 1, 2013, and serves less than eleven (11)
years as a paid fire fighter, shall be entitled to receive one-
twenty-second (1/22) of a volunteer pension earned over twenty-two
(22) years for each full year served as a volunteer fire fighter and
one-twenty-second of fifty-five percent (1/22 of 55%) of the average
salary received for each full year the fire fighter served as a paid
fire fighter.
B. Any volunteer fire fighter who is appointed as a paid fire
fighter after May 15, 1992, whose first service with a participating
employer of the System occurs prior to November 1, 2013, and serves
ten (10) or more years as a paid fire fighter, shall be entitled to
credit no more than five (5) years of volunteer time to complete a
twenty-year paid service pension with remaining volunteer time
computed at one-twentieth (1/20) of a volunteer pension earned over
twenty (20) years for each additional volunteer year. Any volunteer
fire fighter who is appointed as a paid fire fighter before May 15,
1992, and serves ten (10) or more years as a paid fire fighter, shall
be entitled to credit all of the fire fighter's volunteer time to
complete a twenty-year paid service pension. Any volunteer fire
fighter who is appointed as a paid fire fighter whose first service
with a participating employer of the System occurs on or after
November 1, 2013, and serves eleven (11) or more years as a paid fire
fighter, shall be entitled to credit no more than five (5) years of
volunteer time to complete a twenty-two-year paid service pension
with remaining volunteer time computed at one-twenty-second (1/22) of
a volunteer pension earned over twenty-two (22) years for each
additional volunteer year.
C. For purposes of determining benefits pursuant to this
section, total credited service for paid and volunteer service shall
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not exceed thirty (30) years; provided, the most recent years of
service shall be used in determining total credited service for paid
and volunteer service.
D. Nothing contained in this section shall be construed to
create an eligibility for pension which is not otherwise provided by
law.
Added by Laws 1977, c. 256, § 49-108, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 16, eff. Jan. 1, 1981; Laws 1992, c. 203, § 1,
emerg. eff. May 15, 1992; Laws 2000, c. 327, § 10, eff. July 1, 2000;
Laws 2013, c. 388, § 7, eff. Nov. 1, 2013.
§11-49-109. Retirement for disability - Restoration to service -
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 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
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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 said 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 4 of this act 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(1) of the Internal Revenue Code of 1986, as amended.
Added by Laws 1977, c. 256, § 49-109, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 17, eff. Jan. 1, 1981; Laws 1985, c. 222, § 6,
emerg. eff. July 8, 1985; Laws 2004, c. 546, § 4, eff. July 1, 2004;
Laws 2006, 2nd Ex.Sess., c. 46, § 13, eff. July 1, 2006; Laws 2007,
c. 345, § 5, eff. July 1, 2007.
§11-49-110. Certificates of disability - Presumptions – Medical
evidence and records.
A. No firefighter shall be retired, as provided in Section 49-
109 of this title, or receive any pension from the System, unless
there shall be filed with the State Board certificates of the
firefighter's disability. Any member of the fire department of any
municipality who is disabled as a result of heart disease, injury to
the respiratory system, infectious disease, or the existence of any
cancer which heart disease, injury to the respiratory system,
infectious disease, or cancer was not revealed by the physical
examination passed by the member upon entry into the department,
shall be presumed to have incurred the heart disease, injury to the
respiratory system, infectious disease, or cancer while performing
the firefighter's duties as a member of such department unless the
contrary is shown by competent evidence. As used in this section,
“infectious disease” means hepatitis, human immunodeficiency virus,
meningitis and tuberculosis. Effective November 10, 1999, the
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provisions of this subsection relating to infectious disease shall
apply.
B. Medical treatment based on the presumptions prescribed by
subsection A of this section shall be provided by the municipality as
a job-related illness until a court of competent jurisdiction
determines that the presumption does not apply. If it is
subsequently determined that the illness is not job-related, the
workers' compensation provider shall be reimbursed for expenditures
made for health care services by the medical plan or benefit provided
by the municipality for the employee.
C. If any such member fails to submit evidence of a physical
examination prior to entry into the fire department, there shall be
no presumption the heart disease, injury to the respiratory system,
infectious disease, or cancer was incurred while performing the
firefighter's official duties and it shall be the duty of the State
Board to determine if the heart disease, injury to the respiratory
system, infectious disease, or cancer was incurred while performing
the member's official duties.
D. Whenever a participating municipality on behalf of a member
or a member applies for a disability benefit, the application shall
be accompanied by proof of injury unless otherwise provided and
medical evidence supporting the existence of a disability, certified
by the member's or municipality's physician, that the member is
unable to perform the duties of a firefighter. Should the
application be made by a municipality, the member may submit medical
evidence or reports from the member's physician to the local board.
If both the municipality's physician and the member's physician
certify to the disability, the local board shall act upon the
application.
E. In regards to applications made by either an individual
member or a municipality, should the physicians disagree, or if there
is only one physician statement, the local board shall be required to
have all the medical records concerning the applicant's disability
reviewed by a physician selected by the local board and, if required
by the reviewing physician, the local board shall have the member
examined. The local board shall act upon all the physician's
statements. Local board physician examinations and certifications
shall be paid by the State Board and shall be limited to only those
conditions upon which the member or the municipality on behalf of the
member is requesting a disability.
F. If the State Board deems appropriate, an independent
physician may be selected by the State Board to review medical
records and examine the member. The physicians selected by the State
Board shall submit a report and recommendation to the State Board.
The local board may request assistance from the State Board in
selecting a physician. Final determination on all disability
applications shall rest solely with the State Board.
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Added by Laws 1977, c. 256, § 49-110, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 18, eff. Jan. 1, 1981; Laws 1982, c. 320, § 2,
operative July 1, 1982; Laws 1987, c. 236, § 145, emerg. eff. July
20, 1987; Laws 1993, c. 353, § 2, emerg. eff. June 10, 1993; Laws
1998, c. 296, § 1, eff. July 1, 1998; Laws 2001, c. 359, § 1, eff.
July 1, 2001; Laws 2002, c. 398, § 4, eff. July 1, 2002.
§11-49-111. Temporary sickness or disability.
A. Whenever any member of the fire department of any
municipality, on account of sickness or temporary disability, other
than a burn injury, caused or sustained while in the discharge of the
member's duty as such member, is unable to perform the member's
duties, notwithstanding the workers' compensation provisions of Title
85 of the Oklahoma Statutes related to temporary disability benefits,
the salary shall be paid by the municipality to the member and shall
continue while the member is sick or temporarily disabled for a
period of not more than six (6) months with the municipality having
the option of extending the period for up to an additional six (6)
months, not to exceed a total of twelve (12) months, after which
period the provisions for disability benefits under the Oklahoma
Firefighters Pension and Retirement System shall apply. The salary
received by the member under this subsection while the member is sick
or temporarily disabled for a period specified in this subsection
shall be, or deemed to be, part of the member's actual paid gross
salary under the Oklahoma Firefighters Pension and Retirement System.
Contributions shall be made on actual paid gross salary paid pursuant
to this section.
B. Whenever any member of the fire department of any
municipality, on account of a burn injury, caused or sustained while
in the discharge of the member's duty as such member, is unable to
perform the member's duties, notwithstanding the workers'
compensation provisions of Title 85 of the Oklahoma Statutes related
to temporary disability benefits, the salary shall be paid by the
municipality to the member and shall continue while the member is
sick or temporarily disabled for a period of not more than twelve
(12) months with the municipality having the option of extending the
period for up to an additional six (6) months, not to exceed a total
of eighteen (18) months, after which said period the provisions for
disability benefits under the Oklahoma Firefighters Pension and
Retirement System shall apply. The salary received by the member
under this subsection while the member is sick or temporarily
disabled for a period specified in this subsection shall be, or
deemed to be, part of the member's actual paid gross salary under the
Oklahoma Firefighters Pension and Retirement System. Contributions
shall be made on actual paid gross salary paid pursuant to this
section.
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C. Should a member receiving a salary under this section be
eligible to receive, and should the salary of the member under this
section exceed any temporary disability benefit paid to the member
under the workers' compensation provisions of Title 85 of the
Oklahoma Statutes, the member shall transfer such temporary
disability benefits under the workers' compensation provisions of
Title 85 of the Oklahoma Statutes to the municipality while the
member is sick or temporarily disabled.
Added by Laws 1977, c. 256, § 49-111, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 19, eff. Jan. 1, 1981; Laws 1993, c. 80, § 1,
eff. July 1, 1993; Laws 1997, c. 182, § 1, eff. July 1, 1997; Laws
2010, c. 438, § 6, emerg. eff. June 9, 2010; Laws 2012, c. 364, § 8.
§11-49-112. Pensions for loss of life.
A. Whenever any member of the fire department shall lose his or
her life by reason of any injury or sickness sustained by him or her
while in, or in consequence of, the performance of his or her duty or
while on active duty in the National Guard and Reserves called to
active duty, leaving a surviving spouse, or child or children under
the age of eighteen (18) years, then, upon satisfactory proof of such
facts made to it, the State Board shall order and direct that a
monthly pension be paid. Such amount shall be determined in
accordance with the provisions of subsection A of Section 49-109 of
this title. In the event of the death of the surviving spouse, the
pension shall cease, and should there then be but one living child
such child shall receive an amount equal to one hundred percent
(100%) of the pension, but if there then be more than one living
child, one hundred percent (100%) of the pension shall be divided
equally between the children until each child reaches the age of
eighteen (18) years or until the age of twenty-two (22) years if the
child is enrolled full-time and regularly attending a public or
private school or any institution of higher education. In the event
the State Board finds that such a child who is not married at the
time of death of the member or the member’s surviving spouse and who
at the time the child attains or attained the age of eighteen (18)
years is either physically or mentally disabled, the pension shall
continue so long as such disability remains. Upon the death of the
firefighter and surviving spouse, if any, the physically or mentally
disabled child shall be entitled to have paid to the child’s trustee
of a trust, whether inter vivos or testamentary, which trust provides
for the receipt of the pension benefits to be held and administered
for the sole benefit of the physically or mentally disabled child, or
if there is no trust, to the child’s legally appointed guardian, an
amount not to exceed one hundred percent (100%) of the pension. The
money paid to the guardian or trustee shall be used solely for the
benefit of the disabled child and it shall be reported annually to
the State Board. The payment provided shall be calculated after
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payments have been made to all eligible children as provided in this
subsection. If the member does not leave a beneficiary or disabled
child as described in this subsection, the accumulated contributions
made to the System by the member shall be paid to the estate of the
member.
B. Whenever any member of the fire department who has not
terminated employment shall lose his or her life for any reason not
described in subsection A of this section, after completing less than
twenty (20) years of credited service, leaving a surviving spouse, or
child or children under the age of eighteen (18) years, then upon
satisfactory proof of such facts made to it, the State Board shall
order and direct that a monthly pension be paid. Such amount shall
be fifty percent (50%) of the average monthly salary which was paid
to the firefighter during the last sixty (60) months of the
firefighter’s service. In the event of the death of the surviving
spouse, the pension shall cease, and should there then be but one
living child such child shall receive an amount equal to one hundred
percent (100%) of the pension, but if there then be more than one
living child, one hundred percent (100%) of the pension shall be
divided equally between the children until each child reaches the age
of eighteen (18) years or the age of twenty-two (22) years if the
child is enrolled full-time and regularly attending a public or
private school or any institution of higher education. In the event
the State Board finds that such a child who is not married at the
time of death of the member or the member’s surviving spouse and who
at the time the child attains or attained the age of eighteen (18)
years is either physically or mentally disabled, the pension shall
continue so long as the disability remains. Upon the death of the
firefighter and surviving spouse, if any, said physically or mentally
disabled child shall be entitled to have paid to the child’s trustee
of a trust, whether inter vivos or testamentary, which trust provides
for the receipt of the pension benefits to be held and administered
for the sole benefit of said physically or mentally disabled child,
or if there is no trust, to the child’s legally appointed guardian,
an amount not to exceed one hundred percent (100%) of the pension.
The money paid to the guardian or trustee shall be used solely for
the benefit of the disabled child and it shall be reported annually
to the State Board. The payment provided shall be calculated after
payments have been made to all eligible children as provided in this
subsection. If the member does not leave a beneficiary or disabled
child as described in this subsection, the accumulated contributions
made to the System by the member shall be paid to the estate of the
member.
C. For purposes of this section, a child shall not be considered
disabled if the child is able to pursue a remunerative occupation,
with the remuneration being reasonably substantial rather than merely
nominal.
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Laws 1977, c. 256, § 49-112, eff. July 1, 1978; Laws 1980, c. 352, §
20, eff. Jan. 1, 1981. Amended by Laws 1990, c. 143, § 2, emerg.
eff. May 1, 1990; Laws 1991, c. 125, § 1, emerg. eff. April 29, 1991;
Laws 2007, c. 356, § 3, emerg. eff. June 4, 2007.
§11-49-113. Death of firefighter for any cause - Payment of 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.
4. Effective March 1, 1997, if a firefighter to whom a
retirement or disability benefit has been awarded, or who is eligible
therefore, dies prior to the date as of which the total amount of
retirement or disability benefit paid equals the total amount of the
employee contributions paid by or on behalf of the member and the
member does not have a surviving beneficiary, the total benefits paid
as of the date of the member’s death shall be subtracted from the
accumulated employee contribution amount and the balance, if greater
than Zero Dollars ($0.00), shall be paid to the member’s estate.
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.
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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 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
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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
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.
Added by Laws 1977, c. 256, § 49-113, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 21, eff. Jan. 1, 1981; Laws 1985, c. 222, § 7,
emerg. eff. July 8, 1985; Laws 1991, c. 125, § 2, emerg. eff. April
29, 1991; Laws 1993, c. 126, § 3, emerg. eff. May 3, 1993; Laws 1993,
c. 322, § 1, emerg. eff. June 7, 1993; Laws 1994, c. 84, § 2, eff.
July 1, 1994; Laws 1994, c. 351, § 1, eff. July 1, 1994; Laws 1997,
c. 363, § 1, emerg. eff. June 11, 1997; Laws 1998, c. 419, § 1, eff.
July 1, 1998; Laws 2001, c. 49, § 1, emerg. eff. April 10, 2001; Laws
2002, c. 330, § 1, eff. July 1, 2002; Laws 2003, c. 334, § 3, emerg.
eff. May 29, 2003; Laws 2004, c. 546, § 5, eff. July 1, 2004; Laws
2005, c. 203, § 2, emerg. eff. May 20, 2005; Laws 2006, 2nd Ex.Sess.,
c. 46, § 14, eff. July 1, 2006; Laws 2007, c. 356, § 4, emerg. eff.
June 4, 2007.
§11-49-113.2. Death benefit.
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A. Upon the death of an active or retired member, the System
shall pay to the surviving spouse of the member if the surviving
spouse has been married to the firefighter for thirty (30) continuous
months preceding the member's death provided a surviving spouse of a
member who died while in, or as a consequence of, the performance of
the member's duty for a participating municipality shall not be
subject to the marriage limitation for survivor benefits, or if there
is no surviving spouse or no surviving spouse meeting the
requirements of this section, the System shall pay to the designated
recipient or recipients of the member, or if there is no designated
recipient or if the designated recipient predeceases the member, to
the estate of the member, the sum of Four Thousand Dollars
($4,000.00) for those active or retired members who died prior to
July 1, 1999. For those active or retired members who die on or
after July 1, 1999, the sum shall be Five Thousand Dollars
($5,000.00).
B. Upon the death of a member who dies leaving no living
designated recipient or having designated the member's estate as
recipient, the System may pay any applicable death benefit which may
be subject to probate, in an amount of Five Thousand Dollars
($5,000.00), to the heir or heirs of the member without the
intervention of a probate court or probate procedures.
C. Before any applicable probate procedure may be waived, the
System must be in receipt of the member's proof of death and the
following documents from those persons claiming to be the legal heirs
of the deceased member:
1. The member's last will and testament if available;
2. An affidavit or affidavits of heirship which must contain:
a. the names and signatures of all claiming heirs to the
deceased member's estate including the claiming heirs'
names, relationship to the deceased member, current
addresses and current telephone numbers,
b. a statement or statements by the claiming heirs that no
application or petition for the appointment of a
personal representative is pending or has been granted
in any jurisdiction,
c. a statement that the value of the deceased member's
entire probate estate, less liens and encumbrances,
does not exceed the dollar limit pursuant to Section
393 of Title 58 of the Oklahoma Statutes, including the
payment of benefits from the System, and
d. a statement by each individual claiming heir
identifying the amount of personal property that the
heir is claiming from the System or the amount the heir
agrees to be paid to another person, and that the heir
has been notified of, is aware of and consents to the
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identified claims of all the other claiming heirs of
the deceased member pending with the System;
3. A written agreement or agreements signed by all claiming
heirs of the deceased member which provides that the claiming heirs
release, discharge and hold harmless the System from any and all
liability, obligations and costs which it may incur as a result of
making a payment to any of the deceased member's heirs;
4. A corroborating affidavit from an individual other than a
claiming heir, who was familiar with the affairs of the deceased
member; and
5. Proof that funeral and burial expenses of the deceased member
have been paid or provided for.
D. The System shall retain complete discretion in determining
which requests for probate waiver may be granted or denied, for any
reason. Should the System have any questions as to the validity of
any document presented by the claiming heirs, or as to any statement
or assertion contained therein, the probate requirements provided for
in Section 1 et seq. of Title 58 of the Oklahoma Statutes shall not
be waived.
E. After paying any death benefits to any claiming heirs as
provided pursuant to this section, the System is discharged and
released from any and all liability, obligation and costs to the same
extent as if the System had paid a personal representative holding
valid letters testamentary issued by a court of competent
jurisdiction. The System is not required to inquire into the truth
of any matter specified in this section or into the payment of any
estate tax liability.
F. The provisions of this section shall not be subject to
qualified domestic orders as provided in subsection B of Section 49-
126 of this title.
G. 1. For purposes of this section, if a person makes a
qualified disclaimer with respect to the death benefit provided for
in subsection A of this section, this section shall apply with
respect to such death benefit as if the death benefit had never been
transferred to such person.
2. For purposes of this subsection, the term "qualified
disclaimer" means an irrevocable and unqualified refusal by a person,
including but not limited to the surviving spouse of the deceased
member, to accept an interest in the death benefit provided for in
subsection A of this section, but only if:
a. such refusal is in writing,
b. such writing is received by the System not later than
the date which is nine (9) months after the date of
death of the deceased member,
c. such person has not accepted the death benefit provided
for in subsection A of this section, and
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d. as a result of such refusal, the death benefit provided
for in subsection A of this section passes without any
direction on the part of the person making the
disclaimer and passes first, to the organization
providing funeral and burial services for the deceased
member or, if the cost of the funeral and burial
services for the deceased member has already been paid,
to the person or persons other than the person making
the disclaimer as further provided for in this section.
Added by Laws 1987, c. 236, § 146, emerg. eff. July 20, 1987.
Amended by Laws 1994, c. 300, § 2, eff. July 1, 1994; Laws 1994, c.
351, § 2, eff. July 1, 1994; Laws 1996, c. 291, § 1, eff. July 1,
1996; Laws 1999, c. 167, § 1, eff. July 1, 1999; Laws 2001, c. 49, §
2, emerg. eff. April 10, 2001; Laws 2002, c. 352, § 1, eff. July 1,
2002; Laws 2014, c. 281, § 5, emerg. eff. May 12, 2014; Laws 2019, c.
346, § 2, eff. July 1, 2019.
§11-49-114. Members entitled to benefits for disability or loss of
life.
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.
Laws 1977, c. 256, § 49-114, eff. July 1, 1978; Laws 1980, c. 352, §
23, eff. Jan. 1, 1981; Laws 1992, c. 390, § 2, emerg. eff. June 9,
1992.
§11-49-116. Physical performance/agility test and examination –
Retired disabled persons.
A. All candidates being considered for a position of a paid
firefighter shall pass the required pre-employment offer physical
performance/agility test based on standards established by the State
Board; provided that the time between the administration of the
physical performance/agility test approval for membership in the
System by the Executive Director and the candidate’s actual hire date
by the participating municipality is less than twelve (12) months,
provided further that a volunteer firefighter who passes an agility
test at the time he or she is enrolled as a firefighter in a
combination paid and volunteer fire department shall not be required
to take a second agility test at the time of appointment as a paid
firefighter in the same fire department. After review of a
candidate’s physical performance/agility test presented to the System
by a participating municipality or its fire department, the Executive
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Director may require that a second physical performance/agility test
be administered to said candidate by and under the supervision of the
Executive Director. Successful completion of the second physical
performance/agility test shall be required before said candidate’s
application for membership in the System can be approved.
B. The State Board shall require that any candidate applying for
entrance as a member of the System, who has been offered a position
of a paid firefighter and before entering the employment of a
participating municipality as a paid firefighter, must successfully
complete a physical examination, as promulgated by the administrative
rules established by the State Board, in order to participate and
qualify to receive any benefits from the System; provided that when
the System receives all the information necessary for entrance into
the System, including written notice from the System’s physician that
the candidate has met the minimum medical requirements for entrance,
the Executive Director shall have the authority to approve an
entrance date for the candidate no earlier than the date all the
necessary information for entrance is received or the actual hire
date whichever is later; provided that the time between the
administration of the physical examination approval for membership in
the System by the Executive Director and the candidate’s actual hire
date by the participating municipality is less than six (6) months.
All candidates shall be of good moral character, free from
deformities, mental or physical conditions, disease and alcohol or
drug addiction, which would prohibit a candidate from performing
duties as a firefighter. The State Board shall have the authority to
deny or revoke the membership of a candidate submitting false
information in such candidate’s membership application and shall have
final authority in determining eligibility for membership pursuant to
the provisions of this article. This subsection shall not apply to
any person who terminates employment with a participating
municipality as a paid firefighter and is reemployed by the
participating municipality or employed by another participating
municipality within six (6) months of such termination, unless such
person was terminated for medical reasons.
C. Any person retired for disability under this article may be
summoned before the State Board herein provided for, any time
hereafter, and shall submit himself thereto for examination as to his
fitness for duty, and shall abide the decision and order of the State
Board with reference thereto; and all members of the fire department,
who may be retired under the provisions of this article, shall report
to some physician designated by the State Board when so retired, as
required by the State Board.
Added by Laws 1977, c. 256, § 49-116, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 25, eff. Jan. 1, 1981; Laws 1982, c. 320, § 3,
operative July 1, 1982; Laws 1992, c. 390, § 3, emerg. eff. June 9,
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1992; Laws 2000, c. 327, § 11, eff. July 1, 2000; Laws 2002, c. 398,
§ 5, eff. July 1, 2002; Laws 2003, c. 128, § 6, eff. July 1, 2003.
§11-49-117. Forfeiture of pensions and allowances.
When any person who shall have received any benefits from the
System shall fail to report himself for examination for duty as
required herein, unless excused by the State Board, or shall disobey
the requirements of said State Board under this article, in respect
to said examination or duty, then the State Board shall order that
such pension or allowance as may have been granted to such person
shall immediately cease, and such person shall receive no further
pension or allowance or benefit under this article.
Laws 1977, c. 256, § 49-117, eff. July 1, 1978; Laws 1978, c. 280, §
1, eff. July 1, 1978; Laws 1980, c. 352, § 26, eff. Jan. 1, 1980.
§11-49-117.1. Termination of service before normal retirement date -
Refunds - Vested benefits - Retirement annuity - Rejoining System.
A. A member who terminates service before normal retirement
date, other than by death or disability shall, upon application filed
with the State Board, be refunded from the Fund an amount equal to
the accumulated contributions the member has made to the Fund, but
excluding any interest or any amount contributed by the municipality
or state.
B. If a member, whose first employment with a participating
employer of the System occurs prior to November 1, 2013, has
completed ten (10) years of credited service at the date of
termination, the member may elect a vested benefit in lieu of
receiving the member's accumulated contributions.
C. If a member whose first employment with a participating
employer of the System occurs on or after November 1, 2013, has
completed eleven (11) years of credited service at the date of
termination, the member may elect a vested benefit in lieu of
receiving the member's accumulated contributions.
D. If the member who has completed ten (10) or more years of
credited service as prescribed by subsection B of this section elects
the vested benefit, the member shall be entitled to a monthly
retirement annuity commencing on the date the member reaches fifty
(50) years of age or the date the member would have had twenty (20)
years of credited service had the member's employment continued
uninterrupted, whichever is later. The annual amount of such
retirement annuity shall be equal to two and one-half percent (2
1/2%) of the annualized final average salary multiplied by the number
of years of credited service not to exceed thirty (30) years. The
death benefits provided for in Section 49-113.2 of this title shall
not apply to any member retiring under the provisions of this
section.
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E. If the member who has completed eleven (11) or more years of
credited service as prescribed by subsection C of this section elects
the vested benefit, the member shall be entitled to a monthly
retirement annuity commencing on the date the member reaches fifty
(50) years of age or the date the member would have had twenty-two
(22) years of credited service had the member's employment continued
uninterrupted, whichever is later. The annual amount of such
retirement annuity shall be equal to two and one-half percent (2
1/2%) of the annualized final average salary multiplied by the number
of years of credited service not to exceed thirty (30) years. The
death benefits provided for in Section 49-113.2 of this title shall
not apply to any member retiring under the provisions of this
section.
F. If a member who terminates employment and elects a vested
benefit dies prior to being eligible to receive benefits, the
member's beneficiary shall be entitled to the member's normal monthly
retirement benefit on the date the deceased member would have been
eligible to receive the benefit.
G. If a member terminates employment and withdraws the member's
accumulated contributions and then subsequently rejoins the System,
he may pay to the System the sum of the accumulated contributions he
has withdrawn plus five percent (5%) annual interest from the date of
withdrawal and shall receive the same benefits as if he had never
withdrawn his contributions; however, effective January 1, 1991, the
rate of interest provided herein shall be ten percent (10%) per
annum.
H. Lump-sum payments for repayment of any amounts received
because of a member's prior termination with interest may be repaid
by a trustee-to-trustee transfer of non-Roth funds from a Code
Section 403(b) annuity, a governmental Code Section 457 plan, and/or
a Code Section 401(a) qualified plan.
I. A firefighter shall not be permitted to withdraw from the
System while employed as a firefighter in a participating
municipality.
Added by Laws 1980, c. 352, § 27, eff. Jan. 1, 1981. Amended by Laws
1985, c. 222, § 8, emerg. eff. July 8, 1985; Laws 1987, c. 236, §
147, emerg. eff. July 20, 1987; Laws 1990, c. 340, § 1, eff. July 1,
1990; Laws 1993, c. 126, § 4, emerg. eff. May 3, 1993; Laws 2002, c.
398, § 6, eff. July 1, 2002; Laws 2003, c. 128, § 7, eff. July 1,
2003; Laws 2013, c. 165, § 3, eff. Nov. 1, 2013; Laws 2013, c. 388, §
8, eff. Nov. 1, 2013; Laws 2014, c. 281, § 6, emerg. eff. May 12,
2014; Laws 2016, c. 37, § 1, eff. July 1, 2016.
§11-49-117.2. Transfer of credited service from or to other
retirement system.
A. A paid member of the Oklahoma Firefighters Pension and
Retirement System may receive up to five (5) years of credited
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service accumulated by the member while a member of the Oklahoma
Police Pension and Retirement System, the Oklahoma Law Enforcement
Retirement System, the Teacher's Retirement System of Oklahoma or the
Oklahoma Public Employees Retirement System, if the member is not
receiving or eligible to receive retirement credit or benefits from
said service in any other public retirement system. To receive the
service credit prior to January 1, 1991, the member shall pay a five
percent (5%) contribution and interest of not to exceed five percent
(5%), as may be required by the State Board for each year of service
transferred pursuant to this section. Effective January 1, 1991, to
receive the service credit, the member shall pay the amount
determined by the State Board pursuant to Section 3 of this act. The
transferred credited service of the member from another state
retirement system shall not alter the member's normal retirement date
or vesting requirements. The transferred credited service will be
added after the member reaches normal retirement date.
B. The Oklahoma Firefighters Pension and Retirement System shall
transfer credited service to another state retirement system upon
request of former paid members. Upon transfer, the former member
shall have forfeited all rights in the Oklahoma Firefighters Pension
and Retirement System. Employee and city contributions of the former
municipal retirement systems prior to January 1, 1981, are not
transferable.
Amended by Laws 1985, c. 222, § 8, emerg. eff. July 8, 1985; Laws
1987, c. 236, § 147, emerg. eff. July 20, 1987. Amended by Laws
1990, c. 340, § 2, eff. July 1, 1990.
§11-49-117.3. Transferred credited service - Computation of purchase
price.
A. The State Board shall adopt rules for computation of the
purchase price for transferred credited service. These rules 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 adopted by the Board of Trustees for purposes of
preparing the annual actuarial evaluation.
B. In the event that the member is unable to pay the purchase
price provided for in this section by the due date, the State Board
shall permit the members to amortize the purchase price over a period
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not to exceed sixty (60) months. Said payments shall be made by
payroll deductions unless the State Board permits an alternate
payment source. The amortization shall include interest in an amount
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 prorated service
credit for only those payments made, unless the unpaid balance is
paid by said member, his or her estate or successor in interest
within six (6) months after said member's death, termination of
employment or retirement, provided no retirement benefits shall be
payable until the unpaid balance is paid, unless said member or
beneficiary affirmatively waives the additional six-month period in
which to pay the unpaid balance. The State Board shall promulgate
such rules as are necessary to implement the provisions of this
subsection.
C. Members who pay the purchase price by the due date 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; or
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). Roth accounts and Coverdell Education Savings
Accounts shall not be used to purchase transferred credited service.
The State Board shall promulgate such rules as are necessary to
implement the provisions of this subsection.
D. Members amortizing the purchase price and making payments by
payroll deduction, shall have the option of making a cash lump-sum
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; or
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
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408(a) or 408(b) traditional or conduit Individual Retirement Account
or Annuity (IRA). Roth accounts and Coverdell Education Savings
Accounts shall not be used to purchase transferred credited service.
The State Board shall promulgate such rules as are necessary to
implement the provisions of this subsection.
Added by Laws 1990, c. 340, § 3, eff. July 1, 1990. Amended by Laws
1993, c. 322, § 2, emerg. eff. June 7, 1993; Laws 2002, c. 398, § 7,
eff. July 1, 2002; Laws 2003, c. 128, § 8, eff. July 1, 2003; Laws
2004, c. 546, § 6, eff. July 1, 2004; Laws 2005, c. 203, § 3, emerg.
eff. May 20, 2005; Laws 2016, c. 37, § 2, eff. July 1, 2016.
§11-49-118. Additional powers of State Board.
The State Board shall, in addition to other powers herein
granted, have power, to wit:
1. To compel witnesses to attend and testify before it upon all
matters connected with the operations of this article, and in the
same manner as is or may be provided by law for the taking of
testimony before notaries public; and its president or any member of
said board may administer oaths to such witnesses;
2. To provide for the payment from the Fund of all its necessary
expenses and printing;
3. To make all rules and regulations needful for its guidance in
conformity with the provisions of this article; and
4. To bring any action for declaratory relief in the district
courts in the state to enforce any provisions of this article or any
other applicable state statute.
Added by Laws 1977, c. 256, § 49-118, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 28, eff. Jan. 1, 1981; Laws 2006, 2nd Ex. Sess.,
c. 46, § 15, eff. July 1, 2006.
§11-49-119. Tax on insurance premiums for benefit of fund -
Appropriations.
There is hereby appropriated and set aside for the use and
benefit of the Fund, a percentage on all taxes collected on premiums
collected by all insurance companies and other entities which are
subject to the premium tax levied pursuant to Section 624 of Title 36
of the Oklahoma Statutes, after all returned premiums and other
credits are deducted as provided by Sections 312.1 and 624 through
626 of Title 36 of the Oklahoma Statutes. In addition, the State of
Oklahoma shall make such appropriation as is necessary to assure the
retirement benefits provided by this article.
Amended by Laws 1988, c. 83, § 1, emerg. eff. March 25, 1988.
§11-49-120. Account of tax paid by insurance companies - Warrants.
The Insurance Commissioner shall keep a separate account of the
amount of tax paid by all insurance companies and other entities
subject to the premium tax levied pursuant to Section 624 of Title 36
D$,$$)"!!"$ '3 " :$&((#
of the Oklahoma Statutes, as provided by Sections 312.1 and 624
through 626 of Title 36 of the Oklahoma Statutes, and in his report
to the State Auditor and Inspector and the State Treasurer he shall
certify the exact amount. The State Treasurer shall issue a warrant
to the State Board, for the benefit of the System, for the amount of
which the Fund shall be entitled and shall deliver the warrant to the
State Board.
Amended by Laws 1985, c. 222, § 9, emerg. eff. July 8, 1985; Laws
1988, c. 83, § 2, emerg. eff. March 25, 1988.
§11-49-121. Amount of first warrant pursuant to Section 49-120 -
Eligibility of receive funds.
The amount of the first warrant drawn by the State Treasurer
pursuant to Section49-120 of this title shall never be less than Five
Hundred Dollars ($500.00). Any municipality having a firefighting
apparatus of a value of not less than One Thousand Dollars
($1,000.00), may qualify and receive the benefits of the funds made
available by the provisions of Section 49-120 of this title, by
meeting all the other requirements thereof.
Laws 1977, c. 256, § 49-121, eff. July 1, 1978; Laws 1978, c. 280, §
3, eff. Jan. 1, 1979; Laws 1980, c. 352, § 31, eff. Jan. 1, 1981.
§11-49-122. Deductions from salaries of fire department members -
Picked up contributions - Deposit of funds - City charters
superceded.
A. Each municipality having a paid member of a fire department
shall deduct monthly from the salary of each member of the fire
department of such municipality an amount equal to nine percent (9%)
of the actual paid gross salary of each member of the fire
department. The deduction shall be considered the minimum deduction.
At the option of the municipality, the municipality may pay all or
any part of the member's required contribution. The treasurer of
each municipality shall deduct the authorized deductions from the
salary of each paid member of the fire department. The treasurer of
the municipality shall deposit within ten (10) days from each ending
payroll date in the System the amount deducted from the salary of
each member of the fire department. Amounts deducted from the salary
of a member and not paid to the System after thirty (30) days from
each ending payroll date shall be subject to a monthly late charge of
one and one-half percent (1 1/2%) of the unpaid balance to be paid by
the municipality to the System.
Each municipality shall pick up under the provisions of Section
414(h)(2) of the Internal Revenue Code of 1986, as amended, and pay
the contribution which the member is required by law to make to the
System for all compensation earned after December 31, 1988. Although
the contributions so picked up are designated as member
contributions, such contributions shall be treated as contributions
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being paid by the municipality in lieu of contributions by the member
in determining tax treatment under the Internal Revenue Code of 1986,
as amended, and such picked up contributions shall not be includable
in the gross income of the member until such amounts are distributed
or made available to the member or the beneficiary of the member.
The member, by the terms of this System, shall not have any option to
choose to receive the contributions so picked up directly and the
picked up contributions must be paid by the municipality to the
System.
Member contributions which are picked up shall be treated in the
same manner and to the same extent as member contributions made prior
to the date on which member contributions were picked up by the
municipality. Member contributions so picked up shall be included in
salary for purposes of the System.
The municipality shall pay the member contributions from the same
source of funds used in paying salary to the member, by effecting an
equal cash reduction in gross salary of the member, or by an offset
against future salary increases, or by a combination of reduction in
gross salary and offset against future salary increases.
The treasurer of each municipality shall deduct the picked up
contributions from the salary of each paid member of the fire
department. The treasurer of the municipality shall deposit monthly
in the System the amount picked up from the salary of each member of
the fire department.
B. Each municipality having a paid member of a fire department
shall deposit monthly with the State Board an amount equal to the
following:
1. Prior to July 1, 1991, ten percent (10%) of the total actual
paid gross salaries of the members of the fire department;
2. Beginning July 1, 1991 through June 30, 1992, ten and one-
half percent (10 1/2%) of the total actual paid gross salaries of the
members of the fire department;
3. Beginning July 1, 1992 through June 30, 1993, eleven percent
(11%) of the total actual paid gross salaries of the members of the
fire department;
4. Beginning July 1, 1993 through June 30, 1994, eleven and one-
half percent (11 1/2%) of the total actual paid gross salaries of the
members of the fire department;
5. Beginning July 1, 1994 through June 30, 1995, twelve percent
(12%) of the total actual paid gross salaries of the members of the
fire department;
6. Beginning July 1, 1995 through June 30, 1996, twelve and one-
half percent (12 1/2%) of the total actual paid gross salaries of the
members of the fire department;
7. Beginning July 1, 1996, thirteen percent (13%) of the total
actual paid gross salaries of the members of the fire department; and
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8. Beginning November 1, 2013, fourteen percent (14%) of the
total actual paid gross salaries of the members of the fire
department.
C. Each county or municipality having a volunteer member of a
fire department shall deposit yearly with the State Board Sixty
Dollars ($60.00) for each volunteer member of the department.
Provided, the above-mentioned volunteer county or municipal
contributions shall be reevaluated by the next scheduled actuarial
study and the amounts adjusted so that in a nine-year period of time,
the amounts would reflect the actuarial recommendations at that time.
Any county or municipality with an income of less than Twenty-five
Thousand Dollars ($25,000.00) to its general fund during a fiscal
year shall be exempt from the provisions of this subsection.
Any municipality that fails to comply with the provisions of this
section shall not be entitled to its proportionate share of the Motor
Fuel Excise Tax which is received through the Oklahoma Tax
Commission. Any county or municipality may exceed the amount of
contribution required by this section.
The provisions of this section shall supersede any city charter
provision in direct conflict with this section.
Added by Laws 1977, c. 256, § 49-122, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 32, eff. Jan. 1, 1981; Laws 1984, c. 287, § 2,
operative July 1, 1984; Laws 1987, c. 236, § 149, emerg. eff. July
20, 1987; Laws 1988, c. 267, § 4, operative July 1, 1988; Laws 1990,
c. 340, § 4, eff. July 1, 1990; Laws 1992, c. 376, § 1, eff. July 1,
1992; Laws 1998, c. 299, § 2, emerg. eff. May 28, 1998; Laws 2010, c.
438, § 7, emerg. eff. June 9, 2010; Laws 2013, c. 165, § 4, eff. Nov.
1, 2013.
§11-49-122.1. Firefighters Pension and Retirement Fund -
Establishment - Deposit and investment of contributions.
There is hereby established a fund to be designated as the
Oklahoma Firefighters Pension and Retirement Fund. All employee and
employer contributions shall be deposited in the Fund and may be
invested as provided in this article.
Laws 1980, c. 352, § 33, eff. Jan. 1, 1981.
§11-49-122.2. Transfer of assets to State Board.
Any municipality having a Firefighters Pension and Retirement
Fund prior to January 1, 1981, shall transfer all assets of such fund
to the State Board on July 1, 1981. Assets shall be transferred in
the form of cash, negotiable securities and such other specific
assets as permitted by the State Board.
Amended by Laws 1985, c. 222, § 10, emerg. eff. July 8, 1985.
§11-49-122.3. Assets of funds - Right to assets - Valuation.
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The assets of the Fund shall consist of such assets and the
income therefrom, including monthly contributions made to the State
Board by each municipality, or property for which any of the same
shall be exchanged or into which any of the same shall be converted,
together with any other assets held from time to time hereunder by
the State Board. All legal right, title and interest in and to the
assets of the Fund shall at all times be held in trust and vested
exclusively in the State Board or its nominee and no municipality
shall be deemed to have severable ownership of any asset of the Fund
or any right of partition or possession.
The State Board shall appraise and place valuation upon the
assets of the Fund held by it as of the last business day of each
month. Any assets not held by the State Board shall be appraised and
valued by the Executive Director on said date.
The valuation of all assets of the Fund shall be both at cost and
at the fair market value thereof, as determined by reference to the
best available source or sources, in the opinion of the Executive
Director and the State Board and both the Executive Director and
State Board may rely on figures, or statements appearing in any
reputable publication purporting to state sales prices, market
quotations, values, bid and asking prices or any facts affecting
values and upon the opinion of one or more persons familiar with the
reasonable market value of any assets to be valued and shall incur no
liability for error in any such valuation made in good faith. The
reasonable and equitable decision of the Executive Director and State
Board regarding the method used in determining values shall be
conclusive and binding upon all persons, natural or legal, having
interest, direct or indirect, in the Fund's assets.
Effective July 1, 2011, upon termination or partial termination
of the System, or a permanent discontinuance of contributions, the
benefits accrued up to the date of termination or discontinuance, to
the extent then funded, by the affected members and their
beneficiaries, respectively, or the amounts credited to the affected
members' accounts, shall be nonforfeitable.
Added by Laws 1980, c. 352, § 35, eff. Jan. 1, 1981. Amended by Laws
1985, c. 222, § 11, emerg. eff. July 8, 1985; Laws 2000, c. 327, §
12, eff. July 1, 2000; Laws 2012, c. 364, § 9.
§11-49-122.4. Costs and expenses - Supplies and equipment.
A. All costs and expenses for the selection and compensation of
investment counselors, institutional custodian service and
commissions or other costs resulting from the purchase, sale or other
transfer of assets shall be paid from the fund.
B. Three percent (3%) of the funds disbursed to the State Board
under the provisions of Section 312.1 of Title 36 of the Oklahoma
Statutes shall be retained by the State Board for the purpose of
paying all costs and expenses, other than those provided for in
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subsection A of this section, incurred in the operation,
administration and management of the System. At the close of each
fiscal year, any surplus shall be transferred to the Oklahoma
Firefighters Pension and Retirement Fund.
C. The State Board is authorized to purchase such equipment and
supplies as it deems necessary for the efficient operation,
administration and management of the System. Payment for such
equipment and supplies shall be made from the operating funds of the
System.
Amended by Laws 1982, c. 320, § 4, operative July 1, 1982.
§11-49-122.5. Operation, administration and management of System -
Responsibilities.
The State Board shall be responsible for the operation,
administration and management of the System.
In order to carry out the responsibilities imposed by law upon
them, the State Board shall appoint such advisors, consultants,
agents and employees, each of whom may be such individual, firm or
corporation as shall be deemed necessary or advisable and approved by
the State Board. Such individuals, firms or corporations may be
retained or employed in such manner and upon such terms as shall seem
appropriate and proper to the State Board, either by contract or
retainer, by regular full- or part-time employment or by such other
arrangements as shall be satisfactory to the State Board and shall be
subject to such bonding requirements as shall be established by the
State Board.
The Executive Director shall perform the duties and services
indicated below andsuch other duties and services as may, from time
to time, be requested or directed by the State Board, and who shall
be responsible to the State Board and shall attend all regular
meetings of the State Board.
The Executive Director shall be responsible to the State Board
for the day-to-day operation of the System, and shall on behalf of
the State Board:
1. Be responsible for the transmittal of communications from the
State Board to the local board;
2. Receive payroll and employment reports from participating
municipalities and maintain current employment, earnings and
contribution data on each covered member of each participating
municipality;
3. Coordinate the activities of all other advisors, consultants,
agents or employees appointed by the State Board;
4. Maintain all necessary records reflecting the operation and
administration of the System and submit detailed reports thereof to
the State Board at each regular meeting of the State Board and at
such other time or times as requested by the State Board;
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5. Process all claims for payment of benefits or expenses for
approval by the State Board; and
6. File on behalf of the State Board such reports or other
information as shall be required by any state or federal law or
regulation.
Amended by Laws 1982, c. 227, § 1, emerg. eff. May 4, 1982; Laws
1982, c. 320, § 5, operative July 1, 1982; Laws 1988, c. 321, § 8,
operative July 1, 1988.
§11-49-122.6. Confidentiality of records.
All information, documents and copies thereof contained in a
member's retirement file shall be given confidential treatment and
shall not be made public by the Oklahoma Firefighters Pension and
Retirement System without the prior written consent of the member to
which it pertains, but shall be subject to subpoena or court order.
Added by Laws 1993, c. 353, § 3, emerg. eff. June 10, 1993.
§11-49-123. Moneys to be paid over to State Board.
All moneys provided for the System by this article shall be paid
over to and received by the State Board for the use and benefit of
the System.
Laws 1977, c. 256, § 49-123, eff. July 1, 1978; Laws 1980, c. 352, §
38, eff. Jan. 1, 1981.
§11-49-124. Report by clerk of statistics as to fire department.
On forms supplied by the State Board, it is hereby made the duty
of the clerk of each participating municipality in which an organized
department is maintained to record annually with the State Board the
name of such fire department and the number of fire fighters with
their names, birthdate, date of appointment and date of expiration of
term of service.
Added by Laws 1977, c. 256, § 49-125, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 39, eff. Jan. 1, 1981; Laws 1993, c. 353, § 4,
emerg. eff. June 10, 1993; Laws 2009, c. 435, § 2, eff. July 1, 2009.
§11-49-126. Pensions and allowances exempt from claims - Assignments
or transfers void - Exceptions.
A. Except as otherwise provided by this section, no portion of
said pension shall, either before or after its order of distribution
by the State Board to such disabled members of said fire department,
or the surviving spouse, alternate payee as defined in subsection B
of this section, or guardian of such minor child or children, to the
deceased or retired member of such department, be held, seized,
taken, subjected to or detained or levied on by virtue of any
attachment, execution, injunction, writ interlocutory or other order
or decree, or any process or proceeding whatever, issued out of or by
any court of this state for the payment or satisfaction, in whole or
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in part, of any debt, damages, claim, demand or judgment against such
member, or his or her surviving spouse, alternate payee, or the
guardian of said minor child or children of any deceased member, nor
shall said fund or any claim thereto be directly or indirectly
assigned and any attempt to assign or transfer the same shall be
void; but the funds shall be held, kept, secured and distributed for
the purpose of pensioning the persons named in this article, and for
no other purpose whatever. Notwithstanding the foregoing, effective
August 5, 1997, the State Board may approve any offset of a member’s
benefit to pay a judgment or settlement against a member for a crime
involving the System, for a breach of the member’s fiduciary duty to
the System, or for funds or monies incorrectly paid to a member or
beneficiary by mistake, provided such offset is in accordance with
the requirements of Section 401(a)(13) of the Internal Revenue Code
of 1986, as amended.
B. 1. The provisions of subsection A of this section shall not
apply to a qualified domestic order as provided pursuant to this
subsection.
2. The term “qualified domestic order” means an order issued by
a district court of this state pursuant to the domestic relation laws
of this state which relates to the provision of marital property
rights to an alternate payee and which creates or recognizes the
existence of the right of an alternate payee and assigns to an
alternate payee the right to receive a portion of the benefits
payable with respect to a member of the System.
3. The term “alternate payee” means any spouse, former spouse,
minor or disabled child or children, or other dependent of the member
who is recognized by a domestic relations order as having a right to
receive benefits payable with respect to a member of the System.
4. For purposes of the payment of marital property, to qualify
as an alternate payee, a spouse or former spouse must have been
married to the related member for a period of not less than thirty
(30) continuous months immediately preceding the commencement of the
proceedings from which the qualified domestic order issues.
5. A qualified domestic order is valid and binding on the State
Board and the related member only if it meets the requirements of
this subsection.
6. A qualified domestic order shall clearly specify:
a. the name and last-known mailing address (if any) of the
member and the name and mailing address of the
alternate payee covered by the order,
b. the amount or percentage of the member’s benefits to be
paid by the System to the alternate payee,
c. the number of payments or period to which such order
applies,
d. the characterization of the benefit as to marital
property rights or child support, and
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e. each plan to which such order applies.
7. A qualified domestic order meets the requirements of this
subsection only if such order:
a. does not require the System to provide any type or form
of benefit, or any option not otherwise provided under
state law as relates to the System,
b. does not require the System to provide increased
benefits, and
c. does not require the payment of benefits to an
alternate payee which are required to be paid to
another alternate payee pursuant to another order
previously determined to be a qualified domestic order
or an order recognized by the System as a valid order
prior to June 7, 1993.
8. A qualified domestic order shall not require payment of
benefits to an alternate payee prior to the actual retirement date of
the related member.
9. The alternate payee shall have a right to receive benefits
payable to a member of the System under the Oklahoma Firefighters
Deferred Option plan provided for pursuant to Section 49-106.1 of
this title, but only to the extent such benefits have been credited
or paid into the member’s Oklahoma Firefighters Deferred Option Plan
account during the term of the marriage.
10. The obligation of the System to pay an alternate payee
pursuant to a qualified domestic order shall cease upon the earlier
of the death of the related member or the death of the alternate
payee. Upon the death of the alternate payee, the assignment to the
alternate payee of the right to receive a portion of the benefits
payable with respect to the member shall cease and the payments of
benefits to the member shall be reinstated.
11. This subsection shall not be subject to the provisions of
the Employee Retirement Income Security Act of 1974 (ERISA), 29
U.S.C.A. Section 1001, et seq., as amended from time to time, or
rules and regulations promulgated thereunder, and court cases
interpreting said act.
12. The Oklahoma Firefighters Pension and Retirement Board shall
promulgate such rules as are necessary to implement the provisions of
this subsection.
13. An alternate payee who has acquired beneficiary rights
pursuant to a valid qualified domestic order must fully comply with
all provisions of the rules promulgated by the State Board pursuant
to this subsection in order to continue receiving his or her benefit.
C. The provisions of subsection A of this section shall not
apply to a Child Support Enforcement Division order for a support
arrearage pursuant to Section 240.23 of Title 56 of the Oklahoma
Statutes and current child support payments made pursuant to a valid
court order.
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D. The provisions of subsection A of this section shall not
apply to a federal tax levy made pursuant to Section 6331 of the
Internal Revenue Code of 1986, as amended, and the collection by the
United States on a judgment resulting from an unpaid tax assessment.
E. The provisions of subsection A of this section shall not
apply in the case of an overpayment to a member or other payee. Such
overpayment may be corrected through a return of the overpayment, or
an adjustment of future payments, or a combination of these two
methods, as approved by the State Board. The term “other payee”
shall include, but not be limited to, alternate payees as defined in
subsection B of this section, beneficiaries, designated recipients,
and other individuals eligible to receive benefits pursuant to
Section 49-113 of this title.
Added by Laws 1977, c. 256, § 49-126, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 40, eff. Jan. 1, 1981; Laws 1993, c. 322, § 3,
emerg. eff. June 7, 1993; Laws 1998, c. 198, § 2, eff. Nov. 1, 1998;
Laws 1999, c. 193, § 5, eff. July 1, 1999; Laws 2000, c. 327, § 13,
eff. July 1, 2000; Laws 2003, c. 334, § 4, emerg. eff. May 29, 2003;
Laws 2004, c. 546, § 7, eff. July 1, 2004; Laws 2007, c. 356, § 5,
emerg. eff. June 4, 2007; Laws 2010, c. 438, § 8, emerg. eff. June 9,
2010.
§11-49-128. Appeals.
Any person possessing the qualifications required and provided
for under this article, who deems himself aggrieved by a decision of
the State Board on his or her claim for pension, either in rejecting
his or her claim or in the amount allowed by the Board, or
participating municipality, may appeal from such decision by filing a
petition in the Oklahoma County District Court within thirty (30)
days from the date of such decision.
Added by Laws 1977, c. 256, § 49-128, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 41, eff. Jan. 1, 1981; Laws 1997, c. 247, § 2,
eff. July 1, 1997; Laws 1999, c. 193, § 6, eff. July 1, 1999.
§11-49-132. Use of moneys for payment of pensions and other benefits
and administration of System.
Money paid to the State Board for the benefit of the System
shall, unless otherwise provided by law relating to the apportionment
and payment of such moneys to the several municipalities of this
state, be used solely for the payment of such pensions and other
benefits to retired members of such fire department, injured or
otherwise disabled members of such fire department, and beneficiaries
of deceased members of such fire department, and such expenses of
administering the System, as may be authorized by law.
Laws 1977, c. 256, § 49-132, eff. July 1, 1978; Laws 1980, c. 352, §
43, eff. Jan. 1, 1980.
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§11-49-133. Use of money for unauthorized purposes.
The Insurance Commissioner may examine the books and financial
records of the State Board and when a written complaint is made to
him under oath that any part of such money has been, or is being,
expended or applied for purposes other than those authorized by
Section 49-132 of this title, it shall be his duty to examine such
books and financial records to determine if such complaint is true
and if such an examination discloses that any such money has been, or
is being, expended or applied for purposes other than those
authorized, it shall be his duty to report that fact to the Governor.
Upon receiving such report, the Governor shall direct the State
Treasurer not to issue any warrants to the State Board for the
municipality involved until the Insurance Commissioner reports to the
Governor that all monies wrongfully expended or applied have been
replaced; provided that, the Governor may take such further action as
the situation may demand.
Laws 1977, c. 256, § 49-133, eff. July 1, 1978; Laws 1978, c. 280, §
4, eff. Jan. 1, 1979; Laws 1980, c. 352, § 44, eff. Jan. 1, 1981.
§11-49-134. Mandatory retirement at age sixty-five - Exception.
No person, who is eligible for retirement under the laws of this
state pertaining to the System, shall serve in any capacity as a
member of any fire department of any municipality of this state after
having attained the age of sixty-five (65) years, provided, however,
no person shall be required to retire because of the provisions of
this section until such person shall have completed twenty (20) years
service.
Laws 1977, c. 256, § 49-134, eff. July 1, 1978; Laws 1980, c. 352, §
45, eff. Jan. 1, 1981.
§11-49-135. Employment of persons over forty-five prohibited -
Exceptions – Reemployment – Volunteer services.
A. No person shall be employed in a fire department who has
reached the age of forty-five (45) years, unless it appears he or she
shall become eligible for retirement at the age of sixty-five (65)
years, or at the age of sixty-seven (67) years for a firefighter
whose first service with a participating employer of the System
occurs on or after November 1, 2013, or unless he or she be retired
from a municipal fire department in the State of Oklahoma. This
section shall not apply to professional engineers, or to persons
employed as technical specialists on a temporary basis. The State
Board shall be authorized to establish the maximum age, within the
limits herein prescribed, over which an applicant may not be
considered for initial employment, but no person shall be prohibited
from making application for reemployment and having such reemployment
application considered merely because of his or her age, provided
that such person be under the age of forty-five (45) years, and
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provided further, that such reemployment shall be with the consent of
the fire chief of such municipality.
B. On or after the effective date of this act, a person who
performs volunteer services as a firefighter, who has attained the
age of forty-five (45) or more years as of the first date such
volunteer services are performed, for a municipality or a county
shall not be eligible to be a member of the Oklahoma Firefighters
Pension and Retirement System for any purpose, shall not be eligible
for any benefit payable by the System and shall not receive any form
of service credit from the System resulting from such volunteer
services. The person responsible for decisions regarding the
performance of firefighting services having jurisdiction, which in
the absence of any other requirement to the contrary shall be the
Fire Chief, shall make the final determination on applicants for
positions that would involve the performance of volunteer
firefighting services if the applicant is over the age of forty-five
(45) years based on local rules, regulations, ordinances, guidelines
and standard operating procedures.
C. Notwithstanding the requirements of subsections C and H of
Section 49-106.1 of this title to terminate employment with all
participating municipalities as a firefighter, a person receiving an
accrued retirement benefit pursuant to Section 49-106 of this title
may perform volunteer firefighting services for a volunteer
department pursuant to subsection B of this section and continue to
receive the member's accrued retirement benefit; provided, that the
pension shall cease during any period of time the member may
thereafter serve for compensation in any municipal fire department in
the state; provided further, that no person shall perform any
services as a firefighter if such person is receiving disability
benefits pursuant to Section 49-109 of this title.
Added by Laws 1977, c. 256, § 49-135, eff. July 1, 1978. Amended by
Laws 1980, c. 352, § 46, eff. Jan. 1, 1981; Laws 2014, c. 281, § 7,
emerg. eff. May 12, 2014; Laws 2015, c. 134, § 1, eff. Nov. 1, 2015;
Laws 2019, c. 146, § 1, eff. Nov. 1, 2019.
§11-49-138. Military service credit.
A. Any member of a regularly constituted fire department of any
municipality who is now serving or may hereafter serve in the Armed
Forces of the United States whether such service is voluntary or
involuntary, who shall have been a member of such fire department at
the time of entering such service, shall be entitled to have the
whole of the time of such service applied under the provisions of
Section 49-106 of this title, so far as the same applies to a service
pension; provided further, that the municipality shall continue its
payment into said pension fund, to the same force and effect as
though the member were in the actual service of such fire department;
provided, that any person who is eligible for such service but who
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shall have volunteered for military or naval service for a period not
to exceed five (5) years shall likewise be entitled to all of the
benefits of Sections 49-138 through 49-142 of this title for the full
period of such service or enlistment; provided further, that only one
such period of voluntary service shall be considered hereunder. If
such person shall reenlist, unless required to do so by law, such
person shall not thereafter be entitled to the provisions of this
subsection. The provisions of this subsection shall not apply where
any such person dies during the period of said service or enlistment,
and shall not entitle the surviving spouse or children to any
benefits, and shall not apply to any member who shall have served on
active duty (including initial active duty) for training purposes
only and/or inactive duty training.
B. Effective February 1, 1997, credited service received
pursuant to this section or credited service for wartime military
service received as otherwise provided by law shall be used in
determining the member’s retirement benefit but shall not be used in
determining years of service for retirement, vesting purposes or
eligibility for participation in the Oklahoma Firefighters Deferred
Option Plan. For a member of the System hired on or after July 1,
2003, if the military service credit authorized by this section is
used to compute the retirement benefit of the member and the member
retires from the System, such military service credit shall not be
used to compute the retirement benefit in any other retirement system
created pursuant to the Oklahoma Statutes and the member may receive
credit for such service only in the retirement system from which the
member first retires.
C. A member who retires or elects to participate in the Oklahoma
Firefighters Deferred Option Plan on or after July 1, 1998, shall be
entitled to prior service credit, not to exceed five (5) years, for
those periods of military service on active duty prior to membership
in the Oklahoma Firefighters Pension and Retirement System.
For purposes of this subsection, “military service” means service
in the Armed Forces of the United States by honorably discharged
persons during the following time periods, as reflected on such
person’s Defense Department Form 214, as follows:
1. During the following periods, including the beginning and
ending dates, and only for the periods served, from:
a. April 6, 1917, to November 11, 1918, commonly referred
to as World War I,
b. September 16, 1940, to December 7, 1941, for members of
the 45th Division,
c. December 7, 1941, to December 31, 1946, commonly
referred to as World War II,
d. June 27, 1950, to January 31, 1955, commonly referred
to as the Korean Conflict or the Korean War,
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e. February 28, 1961, to May 7, 1975, commonly referred to
as the Vietnam era, except that:
(1) for the period from February 28, 1961, to August
4, 1964, military service shall only include
service in the Republic of Vietnam during that
period, and
(2) for purposes of determining eligibility for
education and training benefits, such period shall
end on December 31, 1976, or
f. August 1, 1990, to December 31, 1991, commonly referred
to as the Gulf War, the Persian Gulf War, or Operation
Desert Storm, but excluding any person who served on
active duty for training only, unless discharged from
such active duty for a service-connected disability;
2. During a period of war or combat military operation other
than a conflict, war or era listed in paragraph 1 of this subsection,
beginning on the date of Congressional authorization, Congressional
resolution, or Executive Order of the President of the United States,
for the use of the Armed Forces of the United States in a war or
combat military operation, if such war or combat military operation
lasted for a period of ninety (90) days or more, for a person who
served, and only for the period served, in the area of responsibility
of the war or combat military operation, but excluding a person who
served on active duty for training only, unless discharged from such
active duty for a service-connected disability, and provided that the
burden of proof of military service during this period shall be with
the member, who must present appropriate documentation establishing
such service.
D. An eligible member pursuant to subsection C of this section
shall include only those persons who shall have served during the
times or in the areas prescribed in subsection C of this section, and
only if such person provides appropriate documentation in such time
and manner as required by the System to establish such military
service prescribed in this section, or for service pursuant to
division (1) of subparagraph e of paragraph 1 of subsection C of this
section, those persons who were awarded service medals, as authorized
by the United States Department of Defense as reflected in the
veteran’s Defense Department Form 214, related to the Vietnam
Conflict for service prior to August 5, 1964. The provisions of
subsection C of this section shall include military retirees, whose
retirement was based only on active service, that have been rated as
having twenty percent (20%) or greater service-connected disability
by the Veterans Administration or the Armed Forces of the United
States. The provisions of subsection C of this section shall not
apply to any person who shall have served on active duty for training
purposes only unless discharged from active duty for a service-
connected disability.
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E. Notwithstanding any provision herein to the contrary:
1. Contributions, benefits and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code of 1986, as amended,
which is in accordance with the Uniformed Services Employment and
Reemployment Rights Act of 1994, as amended (USERRA); and
2. Effective January 1, 2007, if any member dies while
performing qualified military service (as defined in Section 414(u)
of the Internal Revenue Code of 1986, as amended), the survivors of
the member are entitled to any additional benefits (other than
benefits accruals relating to the period of qualified military
service) provided under the System had the member resumed and then
terminated employment on account of death.
F. Members or beneficiaries shall make application to the System
for credited service related to wartime military service. Interest
on additional benefits related to wartime military service owed by
the System to a retired member or beneficiary as provided by law
shall cease accruing one (1) year after the effective date the
additional benefits are payable by the System or July 1, 2000,
whichever is later, if the member has not applied to the System for
credited service related to such wartime military service.
Added by Laws 1977, c. 256, § 49-138, eff. July 1, 1978. Amended by
Laws 1991, c. 125, § 3, emerg. eff. April 29, 1991; Laws 1997, c.
237, § 1, emerg. eff. May 23, 1997; Laws 1998, c. 192, § 1, eff. July
1, 1998; Laws 1999, c. 193, § 7, eff. July 1, 1999; Laws 2000, c.
327, § 14, eff. July 1, 2000; Laws 2003, c. 406, § 1, eff. July 1,
2003; Laws 2004, c. 302, § 1, emerg. eff. May 13, 2004; Laws 2005, c.
203, § 4, emerg. eff. May 20, 2005; Laws 2010, c. 438, § 9, emerg.
eff. June 9, 2010.
§11-49-139. Persons carried on roll of members during military
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
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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.
Laws 1977, c. 256, § 49-139, eff. July 1, 1978; Laws 1980, c. 352, §
48, eff. Jan. 1, 1981.
§11-49-140. Rejection for reinstatement - Examination by physicians.
If any person feels aggrieved by the findings of the physician
giving the examination provided for in the preceding section, he may
by written notice served upon the head of the fire department within
thirty (30) days after he has been rejected for reinstatement, name
one licensed physician to act with said examining physician, and the
two said physicians shall, within eight (8) days thereafter, select a
third physician, and the three said physicians shall, within ten (10)
days thereafter, jointly examine said person, and within five (5)
days thereafter certify to the State Board their findings. The
findings of any two of said physicians shall be binding on all
parties as to the physical and mental conditions of such person. If
the two examining physicians first selected are unable to agree upon
a third, then the presiding judge of the Oklahoma County district
court shall name the third physician.
Laws 1977, c. 256, § 49-140, eff. July 1, 1978; Laws 1980, c. 352, §
49, eff. Jan. 1, 1981.
§11-49-141. Participation in independent insurance or other
benefits.
Any such person shall be entitled to participate in any
independent insurance or other benefits offered by such municipality,
or its fire department or members thereof, to the same effect as
though he were in the actual service of such fire department.
Laws 1977, c. 256, § 49-141, eff. July 1, 1978.
§11-49-142. Refusal to comply with act - Petition to district court
- District attorney to represent applicant - Fees and costs.
In case a municipality, or official thereof, refuses to comply
with the provisions of Sections 49-138 through 49-142 of this
title, then any person entitled to the benefits hereof may file a
petition in the Oklahoma County district court, without cost deposit,
to specifically require such municipality, or official thereof, to
comply with said provisions, and, as incident thereto, to compensate
said person for any loss of wages or benefits suffered by such
refusal. The court shall order a speedy hearing in any such case and
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shall advance it on the calendar. Upon application to the Oklahoma
District Attorney by any person claiming to be entitled to the
benefits of the provisions hereof, such District Attorney, if
reasonably satisfied that the person so applying is entitled to such
benefits, shall appear and act as attorney for such person in the
amicable adjustment of the claim or in the filing of the petition and
the prosecution thereof. The action in the district court shall be
brought within ninety (90) days from the date of the refusal of the
municipality, or its representative, to comply with the provisions of
this act. No fees or court costs shall be taxed against the person
so applying.
Laws 1977, c. 256, § 49-142, eff. July 1, 1978; Laws 1980, c. 352, §
50, eff. Jan. 1, 1981.
§11-49-143. Increase in pension benefits.
Any person receiving benefits from the Oklahoma Firefighters Pension
and Retirement System as of June 30, 1986, shall receive a six
percent (6%) increase in said benefits on July 1, 1986. The
provisions of this section shall not apply to members receiving Added
by Laws 1985, c. 222, § 12, emerg. eff. July 8, 1985. Amended by Laws
1986, c. 187, § 2, operative July 1, 1986.
§11-49-143.1. Increase in benefits - Amount - Offset.
A. Except as provided in subsection B of this section and except
for persons receiving benefits pursuant to Section 49-101 of this
title, effective July 1, 2002, any person receiving benefits from the
Oklahoma Firefighters Pension and Retirement System as of June 30,
2001, who continues to receive benefits on or after July 1, 2002,
shall receive a five percent (5%) increase in said benefits on July
1, 2002.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 49-136 of this title after June 30,
2000, shall be used to offset the increase in benefits provided in
subsection A of this section.
C. Effective July 1, 2002, any persons receiving benefits
pursuant to Section 49-101 of this title shall each receive a benefit
equal to Six Dollars and sixty-nine cents ($6.69) for each year of
credited service not to exceed thirty (30) years of service.
Added by Laws 1988, c. 267, § 5, operative July 1, 1988. Amended by
Laws 1990, c. 340, § 5, eff. July 1, 1990; Laws 1994, c. 383, § 3,
eff. July 1, 1994; Laws 1998, c. 317, § 1, eff. July 1, 1998; Laws
1999, c. 228, § 1, eff. July 1, 1999; Laws 2000, c. 377, § 1, eff.
July 1, 2000; Laws 2002, c. 394, § 1, eff. July 1, 2002.
§11-49-143.2. Additional retirement benefit.
A. The Oklahoma Firefighters Pension and Retirement System shall
pay to its retirees, who retire not later than June 30, 1997, or
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their beneficiaries, from assets of the retirement system, an
additional amount, for the fiscal year ending June 30, 1998, based
upon the number of years of credited service upon which the
retirement benefit of the member was computed as follows:
1. For paid firefighters:
a. One Hundred Fifty Dollars ($150.00) for at least ten
(10), but no more than fourteen (14) years of service,
b. Three Hundred Dollars ($300.00) for at least fifteen
(15), but no more than nineteen (19) years of service,
c. Four Hundred Fifty Dollars ($450.00) for at least
twenty (20), but no more than twenty-four (24) years of
service, and
d. Six Hundred Dollars ($600.00) for twenty-five (25) or
more years of service.
2. For volunteer firefighters:
a. Seventy-five Dollars ($75.00) for at least ten (10),
but no more than fourteen (14) years of service,
b. One Hundred Fifty Dollars ($150.00) for at least
fifteen (15), but no more than nineteen (19) years of
service,
c. Two Hundred Twenty-five Dollars ($225.00) for at least
twenty (20), but no more than twenty-four (24) years of
service, and
d. Three Hundred Dollars ($300.00) for twenty-five (25) or
more years of service;
3. One Hundred Fifty Dollars ($150.00) for a paid firefighter
with less than ten (10) years of service who received a disability
retirement; and
4. Seventy-five Dollars ($75.00) for a volunteer firefighter
with less than ten (10) years of service who received a disability
retirement.
B. For purposes of subsection A or B of this section, months of
credited service in excess of a whole number of years shall be
disregarded for purposes of determining the applicable payment
amount.
C. The payment authorized by this section shall be distributed
not later than August 1, 1997.
D. The payment authorized by this section shall not be a
recurring benefit and shall only be made for the fiscal year ending
June 30, 1998, and for no other fiscal year.
E. If a retiree has multiple beneficiaries, the amount
prescribed by subsection A of this section shall be divided equally
among the beneficiaries on a per capita basis.
Added by Laws 1997, c. 384, § 19, eff. July 1, 1997.
§11-49-143.3. Benefit adjustment - Restoration of Initial COLA
Benefit.
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A. For purposes of this section the following definitions shall
apply:
1. "Initial COLA Benefit Date" means the later of the member's
date of benefit commencement or January 1, 1981. This date is used
in the definition of Initial COLA Benefit and Target COLA Benefit;
2. "Initial COLA Benefit" means the accrued retirement benefit
which will be used as the base benefit for determining the Target
COLA Benefit. The Initial COLA Benefit equals the benefit in payment
status as of the Initial COLA Benefit Date. Furthermore, this
benefit will reflect adjustment for military service credits, if any,
granted after the Initial COLA Benefit Date;
3. "CPI-U" means the Consumer Price Index for all urban
consumers for all goods and services, as published by the Bureau of
Labor Statistics, U.S. Department of Labor. This is used as a
measure of price inflation for the development of the Target COLA
Benefit defined below; and
4. "Target COLA Benefit" is the Initial COLA Benefit adjusted to
reflect price inflation as measured by CPI-U. The Target COLA
Benefit is calculated for each eligible member to equal the member's
Initial COLA Benefit multiplied by a ratio of (A) divided by (B) as
follows:
(A) is the CPI-U as of July 1, 1997.
(B) is the CPI-U as of July 1 of the calendar year of the
Initial COLA Benefit Date.
B. The Board shall, effective July 1, 1999, implement a benefit
adjustment, to increase, if necessary, the retirement benefit for any
person receiving benefits from the System as of June 30, 1997. This
benefit adjustment is intended to restore one hundred percent (100%)
of the loss of the Initial COLA Benefit, if any, due to price
inflation, as measured by CPI-U. The benefit adjustment shall be one
hundred percent (100%) of the amount by which the Target COLA Benefit
is in excess, if any, of the June 1998 retirement benefit. Persons
who retired after December 31, 1996 and before July 1, 1997, shall
receive a benefit increase based on one hundred percent (100%) of
one-half (1/2) of the CPI-U change for the period beginning January
1, 1997 and before July 1, 1997.
C. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 49-136 of Title 11 of the Oklahoma
Statutes, after June 30, 1998, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 1998, c. 317, § 2, eff. July 1, 1998. Amended by Laws
1999, c. 228, § 2, eff. July 1, 1999.
§11-49-143.4. Firefighters Pension and Retirement System - Increase
in benefits - Offset.
A. Except as provided in subsection B of this section and except
for persons receiving benefits pursuant to Section 49-101 of Title 11
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of the Oklahoma Statutes, effective July 1, 2004, any person
receiving benefits from the Oklahoma Firefighters Pension and
Retirement System as of June 30, 2003, who continues to receive
benefits on or after July 1, 2004, shall receive a four-percent
increase in said benefits beginning in July 2004.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 49-136 of Title 11 of the Oklahoma
Statutes after June 30, 2002, shall be used to offset the increase in
benefits provided in subsection A of this section.
C. Effective July 1, 2004, any persons receiving benefits
pursuant to Section 49-101 of Title 11 of the Oklahoma Statutes shall
each receive a monthly benefit equal to Six Dollars and ninety-six
cents ($6.96) for each year of credited service not to exceed thirty
(30) years of service.
Added by Laws 2004, c. 536, § 2, eff. July 1, 2004.
§11-49-143.5. Increase in benefits - July 1, 2006 - Offset.
A. Except as provided in subsection B of this section and except
for persons receiving benefits pursuant to Section 49-101 of Title 11
of the Oklahoma Statutes, effective July 1, 2006, any person
receiving benefits from the Oklahoma Firefighters Pension and
Retirement System as of June 30, 2005, who continues to receive
benefits on or after July 1, 2006, shall receive a four-percent
increase in said benefits beginning in July 2006.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 49-136 of Title 11 of the Oklahoma
Statutes after June 30, 2004, shall be used to offset the increase in
benefits provided in subsection A of this section.
C. Effective July 1, 2006, any persons receiving benefits
pursuant to Section 49-101 of Title 11 of the Oklahoma Statutes shall
each receive a monthly benefit equal to Seven Dollars and twenty-four
cents ($7.24) for each year of credited service not to exceed thirty
(30) years of service.
Added by Laws 2006, 2nd Ex. Sess., c. 46, § 5, eff. July 1, 2006.
§11-49-143.6. Increase in benefits - July 1, 2008 - Offset.
A. Except as provided in subsection B of this section and except
for persons receiving benefits pursuant to Section 49-101 of Title 11
of the Oklahoma Statutes, effective July 1, 2008, any person
receiving benefits from the Oklahoma Firefighters Pension and
Retirement System as of June 30, 2007, who continues to receive
benefits on or after July 1, 2008, shall receive a four-percent
increase in said benefits on July 1, 2008.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 49-136 of Title 11 of the Oklahoma
Statutes after June 30, 2006, shall be used to offset the increase in
benefits provided in subsection A of this section.
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C. Effective July 1, 2008, any persons receiving benefits
pursuant to Section 49-101 of Title 11 of the Oklahoma Statutes shall
each receive a benefit equal to Seven Dollars and fifty-three cents
($7.53) for each year of credited service not to exceed thirty (30)
years of service.
Added by Laws 2008, c. 415, § 1, eff. July 1, 2008.
§11-50-101. Definitions.
As used in this article:
1. "System" means the Oklahoma Police Pension and Retirement
System and all predecessor municipal Police Pension and Retirement
Systems;
2. "Article" means Article 50 of this title;
3. "State Board" means the Oklahoma Police Pension and
Retirement Board;
4. "Fund" means the Oklahoma Police Pension and Retirement Fund;
5. "Officer" means any duly appointed and sworn full-time
officer of the regular police department of a municipality whose
duties are to preserve the public peace, protect life and property,
prevent crime, serve warrants, enforce all laws and municipal
ordinances of this state, and any political subdivision thereof, and
who is authorized to bear arms in the execution of such duties;
6. "Member" means all eligible officers of a participating
municipality and any person hired by a participating municipality who
is undergoing police training to become a permanent police officer of
the municipality. Effective July 1, 1987, a member does not include
a "leased employee" as defined under Section 414(n)(2) of the
Internal Revenue Code of 1986, as amended. Effective July 1, 1999,
any individual who agrees with the participating municipality that
the individual's services are to be performed as a leased employee or
an independent contractor shall not be a member regardless of any
classification as a common law employee by the Internal Revenue
Service or any other governmental agency, or any court of competent
jurisdiction. A member shall include eligible commissioned officers
of the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control, the Oklahoma State Bureau of Investigation, and the
Alcoholic Beverage Laws Enforcement Commission who elect to
participate in the System pursuant to Section 50-111.5 of this title;
7. "Normal retirement date" means the date at which the member
is eligible to receive the unreduced payments of the member's accrued
retirement benefit. Such date shall be the first day of the month
coinciding with or following the date the member completes twenty
(20) years of credited service. If the member's employment continues
past the normal retirement date of the member, the actual retirement
date of the member shall be the first day of the month after the
member terminates employment with more than twenty (20) years of
credited service;
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8. "Credited service" means the period of service used to
determine the eligibility for and the amount of benefits payable to a
member. Credited service shall consist of the period during which
the member participated in the System or the predecessor municipal
systems as an active employee in an eligible membership
classification, plus any service prior to the establishment of the
predecessor municipal systems which was credited under the
predecessor municipal systems or credited service granted by the
State Board;
9. "Participating municipality" means a municipality which is
making contributions to the System on behalf of its officers. The
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Alcoholic Beverage
Laws Enforcement Commission shall be treated in the same manner as a
participating municipality only regarding those members who elect to
participate in the System pursuant to Section 50-111.5 of this title;
10. "Permanent total disability" means incapacity due to
accidental injury or occupational disease, to earn any wages in the
employment for which the member is physically suited and reasonably
fitted through education, training or experience. Further, the
member must be declared one hundred percent (100%) impaired as
defined by the "American Medical Association's Guides to the
Evaluation of Permanent Impairment" on the basis of a physical
medical examination by a physician licensed to practice medicine in
this state, as selected by the State Board;
11. "Permanent partial disability" means permanent disability
which is less than permanent total disability as defined in this
section. The member must be declared no greater than ninety-nine
percent (99%) impaired as defined by the "American Medical
Association's Guides to the Evaluation of Permanent Impairment" on
the basis of a physical medical examination by a physician licensed
to practice medicine in this state, as selected by the State Board;
12. "Permanent in-line disability" means incapacity to earn any
wages as a certified, commissioned police officer due to accidental
injury or occupational disease, incurred while in, and in consequence
of, the performance of duty as an officer;
13. "Beneficiary" means a member's surviving spouse or any
surviving children, including biological and adopted children, at the
time of the member's death. The surviving spouse must have been
married to the member for the thirty (30) continuous months
immediately preceding the member's death, provided a surviving spouse
of a member who died while in, and as a consequence of, the
performance of the member's duty for a participating municipality,
shall not be subject to the thirty-month marriage requirement for
survivor benefits. A surviving child of a member shall be a
beneficiary until reaching eighteen (18) years of age or twenty-two
(22) years of age if the child is enrolled full time and regularly
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attending a public or private school or any institution of higher
education. Any child adopted by a member after the member's
retirement shall be a beneficiary only if the child is adopted by the
member for the thirty (30) continuous months preceding the member's
death. Any child who is adopted by a member after the member's
retirement and such member dies accidentally or as a consequence of
the performance of the member's duty as a police officer shall not be
subject to the thirty-month adoption requirement. This definition of
beneficiary shall be in addition to any other requirement set forth
in this article;
14. "Executive Director" means the managing officer of the
System employed by the State Board;
15. "Eligible employer" means any municipality with a municipal
police department;
16. "Entry date" means the date as of which an eligible employer
joins the System. The first entry date pursuant to this article
shall be January 1, 1981;
17. "Final average salary" means the average paid base salary of
the member for normally scheduled hours over the highest salaried
thirty (30) consecutive months of the last sixty (60) months of
credited service. Effective July 1, 2016, the following shall apply
in computing final average salary:
a. only paid base salary on which required contributions
have been made shall be used in computing a member's
final average salary,
b. for purposes of determining the normal disability
benefit only, final average salary shall be based on
the member's total service if less than thirty (30)
months,
c. in addition to other applicable limitations, and
notwithstanding any other provision to the contrary,
for plan years beginning on or after July 1, 2002, the
annual compensation of each "Noneligible Member" taken
into account under the System shall not exceed the
Economic Growth and Tax Relief Reconciliation Act of
2001 (EGTRRA) annual compensation limit. The EGTRRA
annual compensation limit is Two Hundred Thousand
Dollars ($200,000.00), as adjusted by the Commissioner
for increases in the cost of living in accordance with
Section 401(a)(17)(B) of the Internal Revenue Code of
1986, as amended. The annual compensation limit in
effect for a calendar year applies to any period, not
exceeding twelve (12) months, over which compensation
is determined ("determination period") beginning in
such calendar year. If a determination period consists
of fewer than twelve (12) months, the EGTRRA annual
compensation limit will be multiplied by a fraction,
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the numerator of which is the number of months in the
determination period, and the denominator of which is
twelve (12). For purposes of this section, a
"Noneligible Member" is any member who first became a
member during a plan year commencing on or after July
1, 1996,
d. for plan years beginning on or after July 1, 2002, any
reference in the System to the annual compensation
limit under Section 401(a)(17) of the Internal Revenue
Code of 1986, as amended, shall mean the EGTRRA annual
compensation limit set forth in this provision, and
e. effective January 1, 2008, back pay, within the meaning
of Section 1.415(c)-2(g)(8) of the Income Tax
Regulations, shall be treated as paid base salary for
the limitation year to which the back pay relates to
the extent the back pay represents wages and
compensation that would otherwise be included in this
definition;
18. "Accrued retirement benefit" means two and one-half percent
(2 1/2%) of the member's final average salary multiplied by the
member's years of credited service not to exceed thirty (30) years;
19. "Normal disability benefit" means two and one-half percent
(2 1/2%) of the member's final average salary multiplied by twenty
(20) years;
20. "Limitation year" means the year used in applying the
limitations of Section 415 of the Internal Revenue Code of 1986, as
amended, which year shall be the calendar year;
21. "Paid base salary" means, effective July 1, 2016, any
compensation described in subparagraph a of this paragraph that is
not described in subparagraph b of this paragraph.
a. Paid base salary shall include only:
(1) normal compensation paid on a regularly scheduled
pay period, including, but not limited to, regular
pay for holidays, paid time off, vacation or
annual leave, sick leave or compensatory time in
lieu of overtime, any lump sum payment paid in
lieu of a normal wage increase, provided such lump
sum payment is retroactively applied over the
prior twelve-month period ending with the payment
date, compensation for bomb squad pay, education
pay, incentive pay, K-9 pay, negotiation pay,
shift differential, sniper pay, SWAT team pay,
emergency response team pay, any other special
unit pay, and any incremental increase in
compensation which is not included by the employer
in a member's regular base pay for salary increase
purposes but is paid by the employer to the member
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for group health benefits based on an arrangement
with a participating municipality that was in
place on December 31, 2015, so long as the
arrangement continues uninterrupted for a member
employed by a participating municipality on June
30, 2016, who has not since terminated employment
and been rehired by such participating
municipality,
(2) any amount of elective salary reduction under
Section 125 of the Internal Revenue Code of 1986,
as amended, that would have been treated as paid
base salary but for the salary deferral reduction
agreement,
(3) any amount of elective salary reduction not
includable in the gross income of the member under
Section 132(f)(4) of the Internal Revenue Code of
1986, as amended, that would have been treated as
paid base salary but for the salary deferral
reduction agreement,
(4) any amount of elective salary reduction under
Section 457 of the Internal Revenue Code of 1986,
as amended, that would have been treated as paid
base salary but for the salary deferral reduction
agreement,
(5) any amount of elective salary reduction under
Section 401(k) of the Internal Revenue Code of
1986, as amended, that would have been treated as
paid base salary but for the salary deferral
reduction agreement,
(6) any amount of nonelective salary reduction under
Section 414(h) of the Internal Revenue Code of
1986, as amended,
(7) educational allowances paid to obtain training
certification or pursue an advanced degree,
(8) longevity payments made to members based upon a
standardized plan which recognizes length of
service to the participating municipality,
(9) paid base salary shall also include base salary,
as described in divisions (1) through (8) of this
subparagraph, for services, but paid by the later
of two and one-half (2 1/2) months after a
member's severance from employment or the end of
the calendar year that includes the date the
member terminated employment, if it is a payment
that, absent a severance from employment, would
have been paid to the member while the member
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continued in employment with the participating
municipality,
(10) any payments not described in divisions (1)
through (9) of this subparagraph shall not be
considered paid base salary if paid after
severance from employment, even if they are paid
by the later of two and one-half (2 1/2) months
after the date of severance from employment or the
end of the calendar year that includes the date of
severance from employment, except payments to an
individual who does not currently perform services
for the participating municipality by reason of
qualified military service within the meaning of
Section 414(u)(5) of the Internal Revenue Code of
1986, as amended, to the extent these payments do
not exceed the amounts the individual would have
received if the individual had continued to
perform services for the participating
municipality rather than entering qualified
military service,
(11) back pay, within the meaning of Section 1.415(c)-
2(g)(8) of the Income Tax Regulations, shall be
treated as paid base salary for the limitation
year to which the back pay relates to the extent
the back pay represents wages and compensation
that would otherwise be included in this
definition, and
(12) paid base salary shall also include differential
wage payments under Section 414(u)(12) of the
Internal Revenue Code of 1986, as amended.
b. Notwithstanding anything to the contrary in this
section, paid base salary shall not include any:
(1) fringe benefits, reimbursements, or increases in
compensation due to reimbursements to the extent
not specifically included above in subparagraph a
of this paragraph,
(2) incremental increase in compensation which is not
included by the employer in a member's regular
base pay for salary increase purposes but is paid
by the employer to the member for group health
benefits not otherwise included above in division
(1) of subparagraph a of this paragraph,
(3) insurance benefits, including any reimbursements
thereof, or insurance proceeds of any type not
otherwise included above in division (1) of
subparagraph a of this paragraph,
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(4) bonuses, including signing bonuses, lump-sum
payments or stipends made to the member not
otherwise included above in division (1) of
subparagraph a of this paragraph,
(5) overtime compensation,
(6) payments whether prior to or upon termination of
employment for accumulated unused vacation or
unused annual leave, accumulated unused sick
leave, or accumulated unused paid time off or
other unused leave,
(7) payments made in error to a member,
(8) payments made by the participating municipality
for services rendered by the member, which
services are not part of the member's job duties
and responsibilities of his or her job position
with the participating municipality,
(9) severance pay,
(10) unemployment payments, and
(11) uniform and equipment allowances; and
22. "Actuarial equivalent" means equality in value of the
aggregate amounts expected to be received based on interest rate and
mortality assumptions set by the State Board, in a manner that
precludes employer discretion, and based upon recommendations from
independent professional advisors, and which shall be published
annually in the actuarial report.
Added by Laws 1977, c. 256, § 50-101, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 1, eff. Jan. 1, 1981; Laws 1985, c. 221, § 1,
emerg. eff. July 8, 1985; Laws 1987, c. 236, § 150, emerg. eff. July
20, 1987; Laws 1988, c. 267, § 6, operative July 1, 1988; Laws 1990,
c. 143, § 3, emerg. eff. May 1, 1990; Laws 1993, c. 126, § 5, emerg.
eff. May 3, 1993; Laws 1994, c. 84, § 3, eff. July 1, 1994; Laws
1995, c. 173, § 1, eff. July 1, 1995; Laws 1996, c. 208, § 2, emerg.
eff. May 21, 1996; Laws 1996, c. 288, § 1, emerg. eff. June 5, 1996;
Laws 1999, c. 257, § 1, eff. July 1, 1999; Laws 2000, c. 307, § 1,
eff. July 1, 2000; Laws 2001, c. 5, § 3, emerg. eff. March 21, 2001;
Laws 2001, c. 183, § 1, emerg. eff. May 2, 2001; Laws 2001, c. 414, §
2, eff. July 1, 2001; Laws 2002, c. 340, § 1, eff. July 1, 2002; Laws
2003, c. 137, § 1, emerg. eff. April 25, 2003; Laws 2009, c. 169, §
1, emerg. eff. May 11, 2009; Laws 2010, c. 437, § 1, emerg. eff. June
9, 2010; Laws 2016, c. 346, § 1, eff. July 1, 2016.
NOTE: Laws 1996, c. 141, § 1 repealed by Laws 1996, c. 288, § 9,
eff. Nov. 1, 1996. Laws 2000, c. 287, § 1 repealed by Laws 2001, c.
5, § 4, emerg. eff. March 21, 2001. Laws 2001, c. 199, § 1 repealed
by Laws 2001, c. 414, § 14, eff. July 1, 2001.
§11-50-102. Repealed by Laws 1980, c. 356, § 42, eff. Jan. 1, 1981.
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§11-50-102.1. Police Pension and Retirement System - Creation -
Status - Powers and duties.
There is created the Oklahoma Police Pension and Retirement
System which shall be a body corporate and an instrumentality of this
state. The System shall be vested with the powers and duties
specified in this act and such other powers as may be necessary to
enable it and its officers and employees to carry out fully and
effectively the purposes and intent of this article. All assets of
the System shall be held in trust for the exclusive purpose of
providing benefits for the members and beneficiaries of the System,
including defraying reasonable expenses of administering the System,
and shall not be encumbered for or diverted to any other purpose.
This System shall be the responsibility of the state and not that of
the participating municipalities.
Added by Laws 1980, c. 356, § 2, eff. Jan. 1, 1981. Amended by Laws
2000, c. 287, § 2, eff. July 1, 2000.
§11-50-103. Repealed by Laws 1980, c. 356, § 42, eff. Jan. 1, 1981.
§11-50-103.1. Police Pension and Retirement Board - Composition -
Areas of representation - Terms - Vacancies - Selection criteria -
Officers.
A. There shall be an Oklahoma Police Pension and Retirement
Board which shall be composed of thirteen (13) members as follows:
1. Seven members shall be elected as follows:
a. One member shall be elected to represent State Board
District 1. State Board District 1 shall include that
area of the state, except for any area comprising
Oklahoma City, that is north of Interstate Highway 40
and west of Interstate Highway 35;
b. One member shall be elected to represent State Board
District 2. State Board District 2 shall include that
area of the state, except for any area comprising
Oklahoma City, that is south of Interstate Highway 40
and west of Interstate Highway 35;
c. One member shall be elected to represent State Board
District 3. State Board District 3 shall include that
area of the state, except for any area comprising
Oklahoma City or Tulsa, that is north of Interstate
Highway 40 and east of Interstate Highway 35;
d. One member shall be elected to represent State Board
District 4. State Board District 4 shall include that
area of the state, except for any area comprising
Oklahoma City, that is south of Interstate Highway 40
and east of Interstate Highway 35;
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e. One member shall be elected to represent State Board
District 5. State Board District 5 shall include that
area of the state comprising the City of Tulsa;
f. One member shall be elected to represent State Board
District 6. State Board District 6 shall include that
area of the state comprising the City of Oklahoma City;
and
g. One member shall be elected to represent State Board
District 7. State Board District 7 shall include the
entire area of the state.
The members elected to represent State Board Districts 1 through 6
shall be active members of the System and work for a participating
municipality whose police department is physically located within the
State Board District. The member elected to represent State Board
District 7 shall be a retired member of the System. Elections for
the State Board Districts shall be held within six (6) months of the
date of the expiration of the term of office of a member or of the
date a vacancy occurs on such dates that are set by the State Board.
The initial term of office for State Board Districts 2, 5 and 7 shall
begin on July 1, 1989. The initial term of office for State Board
Districts 3 and 6 shall begin on July 1, 1990. The initial term of
office for State Board Districts 1 and 4 shall begin on July 1, 1991.
The term of office of the elected members shall be three (3) years.
Only members of the System working for a participating municipality
whose police department is physically located within the respective
State Board Districts may participate in the election process for
State Board Districts 1 through 6. Only retired members of the
System may participate in the election process for State Board
District 7.
2. One member shall be appointed by the Speaker of the House of
Representatives;
3. One member shall be appointed by the President Pro Tempore of
the Senate;
4. One member shall be appointed by the Governor;
5. One member shall be appointed by the President of the
Oklahoma Municipal League;
6. One member shall be the State Insurance Commissioner or the
Commissioner's designee; and
7. One member shall be the Director of the Office of Management
and Enterprise Services or the Director's designee.
B. 1. The term of office of the member appointed to the State
Board by the Speaker of the House of Representatives and the term of
office of the member appointed to the State Board by the President
Pro Tempore of the Senate who are members of the State Board on the
operative date of this act, shall expire on January 3, 1989. The
members thereafter appointed by the Speaker of the House of
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Representatives and by the President Pro Tempore of the Senate shall
serve terms of office of four (4) years.
2. The term of office of the member appointed by the Governor
who is a member of the State Board on the operative date of this act
shall expire on January 14, 1991. The members thereafter appointed
by the Governor shall serve a term of office of four (4) years which
is coterminous with the term of office of the office of the
appointing authority.
3. The initial term of office of the member appointed by the
President of the Oklahoma Municipal League shall expire on July 1,
1990. The members thereafter appointed by the President of the
Oklahoma Municipal League shall serve terms of office of four (4)
years.
4. Any vacancy that occurs shall be filled for the unexpired
term in the same manner as the office was previously filled.
C. The members appointed to the State Board by the Speaker of
the House of Representatives, the President Pro Tempore of the
Senate, the Governor and the President of the Oklahoma Municipal
League or who are designees of an ex officio member of the State
Board shall:
1. Have demonstrated professional experience in investment or
funds management, public funds management, public or private pension
fund management or retirement system management;
2. Have demonstrated experience in the banking profession and
have demonstrated professional experience in investment or funds
management;
3. Be licensed to practice law in this state and have
demonstrated professional experience in commercial matters; or
4. Be licensed by the Oklahoma Accountancy Board to practice in
this state as a public accountant or a certified public accountant.
The appointing authorities, in making appointments that conform
to the requirements of this subsection, shall give due consideration
to balancing the appointments among the criteria specified in
paragraphs 1 through 4 of this subsection.
D. No member of the State Board shall be a lobbyist registered
in this state as provided by law.
E. Notwithstanding any of the provisions of this section to the
contrary, any person serving as an appointed member of the State
Board on the operative date of this act shall be eligible for
reappointment when the term of office of the member expires.
F. The State Board shall elect one of its members as Chairman at
its annual meeting. The Chairman shall preside over meetings of the
State Board and perform such other duties as may be required by the
State Board. The State Board shall also elect another member to
serve as Vice Chairman, and the Vice Chairman shall perform duties of
Chairman in the absence of the latter or upon the Chairman's
inability or refusal to act.
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Added by Laws 1980, c. 356, § 3, eff. Jan. 1, 1981. Amended by Laws
1986, c. 12, § 1, eff. July 1, 1986; Laws 1987, c. 236, § 151, emerg.
eff. July 20, 1987; Laws 1988, c. 321, § 9, operative July 1, 1988;
Laws 2003, c. 51, § 1, eff. July 1, 2003; Laws 2004, c. 551, § 1,
emerg. eff. June 9, 2004; Laws 2012, c. 304, § 49.
§11-50-104. Repealed by Laws 1980, c. 356, § 42, eff. Jan. 1, 1981.
§11-50-104.1. Meetings of State Board - Special meetings - Notice -
Quorum - Travel expenses.
A. The State Board shall hold regular meetings in Oklahoma City
at least once each quarter, the dates, time, and place thereof to be
fixed by the State Board. The State Board shall hold a regular
meeting in July of each year which meeting shall be the annual
meeting at which it shall elect its Chairman. Special meetings may
be called upon written call of the Chairman or by agreement of any
eight (8) members of the State Board. Notice of a special meeting
shall be mailed to all State Board members not less than seven (7)
days prior to the date fixed for the meeting; provided, however, that
notice of such meeting may be waived by any member either before or
after such meeting and attendance at such meeting shall constitute a
waiver of notice of such meeting, unless a member participates
therein solely to object to the transaction of any business because
the meeting has not been legally called or convened.
B. Seven (7) State Board members shall constitute a quorum for
the transaction of business, but any official action of the State
Board shall be based upon a favorable vote by at least seven (7)
State Board members at a regular, special, or emergency meeting of
the State Board.
C. State Board members shall be reimbursed for necessary travel
expenses pursuant to the State Travel Reimbursement Act.
Added by Laws 1980, c. 356, § 4, eff. Jan. 1, 1981. Amended by Laws
1985, c. 178, § 10, operative July 1, 1985; Laws 1988, c. 321, § 10,
operative July 1, 1988; Laws 2000, c. 287, § 3, eff. July 1, 2000;
Laws 2003, c. 51, § 2, eff. July 1, 2003.
§11-50-104.2. Office facilities - Record of proceedings - Financial
statement - Audits.
A. The principal office of the System shall be in Oklahoma City,
Oklahoma. Notwithstanding any statute or rule to the contrary, the
State Board, in accordance with its fiduciary duty, is hereby
authorized to own and occupy necessary office space in suitable
quarters as the State Board deems appropriate.
B. The State Board shall keep a record of all of its
proceedings, which shall be open for inspection at all reasonable
hours. A report including such information as the operation of the
System for the past fiscal year, including income, disbursements, and
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the financial condition of the fund at the end of each fiscal year
and showing the valuation of its assets, investments, and
liabilities, shall be delivered to the Governor after the end of each
fiscal year but prior to October 1 of the next fiscal year and made
available to the members and participating municipalities.
C. The State Auditor and Inspector shall make an annual audit of
the accounts of the System. The audit shall be filed as soon after
the close of the fiscal year as practicable, in accordance with the
requirements for financial statement audits in Section 212A of Title
74 of the Oklahoma Statutes.
Added by Laws 1980, c. 356, § 5, eff. Jan. 1, 1981. Amended by Laws
1983, c. 304, § 7, eff. July 1, 1983; Laws 1985, c. 221, § 2, emerg.
eff. July 8, 1985; Laws 1995, c. 173, § 2, eff. July 1, 1995; Laws
1996, c. 290, § 3, eff. July 1, 1996; Laws 2012, c. 279, § 1, eff.
July 1, 2012.
§11-50-105.1. Executive Director - Employees - Acceptance of gifts
or gratuities - Actuary - Legal services.
A. The State Board shall appoint an Executive Director. Subject
to the policy direction of the State Board, the Executive Director
shall be the managing and administrative officer of the System and as
such shall have charge of the office, records, and supervision and
direction of the employees of the System.
B. The Executive Director shall recommend to the State Board the
administrative organization, the number and qualifications of
employees necessary to carry out the intent of this article, and the
policy direction of the State Board. Upon approval of the
organizational plan by the State Board, the Executive Director may
employ such persons as are deemed necessary to administer this
article.
C. The members of the State Board, the Executive Director and
the employees of the System shall not accept gifts or gratuities from
an individual organization with a value in excess of the amount per
year permitted by the Ethics Commission for all state officials and
employees. The provisions of this section shall not be construed to
prevent the members of the State Board, the Executive Director or the
employees of the System from attending educational seminars,
conferences, meetings or similar functions which are paid for,
directly or indirectly, by more than one organization.
D. The State Board may select and retain a qualified actuary who
shall serve at its pleasure as its technical advisor or consultant on
matters regarding the operation of the System. The actuary may at
the direction of the State Board:
1. Make an annual valuation of the liabilities and reserves of
the System, and a determination of the contributions required by the
System to discharge its liabilities and administrative costs under
this article, and recommend to the State Board rates of employer
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contributions required to establish and maintain the System on an
adequate reserve basis;
2. As deemed necessary by the State Board, make a general
investigation of the actuarial experience under the System, including
mortality, retirement, employment turnover, and interest, and
recommend actuarial tables for use in valuations and in calculating
actuarial equivalent values based on such investigation; and
3. Perform such other duties as may be assigned by the State
Board.
E. The State Board may retain an attorney licensed to practice
law in this state. The attorney shall serve at the pleasure of the
State Board for such compensation as set by the State Board. The
Attorney General shall furnish such legal services as may be
requested by the State Board.
Added by Laws 1980, c. 356, § 6, eff. Jan. 1, 1981. Amended by Laws
1988, c. 321, § 11, operative July 1, 1988; Laws 2000, c. 287, § 4,
eff. July 1, 2000; Laws 2004, c. 551, § 2, emerg. eff. June 9, 2004.
§11-50-105.2. Administration of System - Rules and regulations -
Accounts and records - Open meetings - Actuarial tables - Decisions
of Board - Actions.
A. The State Board shall be responsible for the policies and
rules for the general administration of the System, subject to the
provisions of this article.
B. The State Board shall establish rules and regulations for the
administration of the System and for the transaction of its business
consistent with law, which rules and regulations shall be filed with
the Secretary of State.
C. The State Board shall be responsible for the installation or
provision of a complete and adequate system of accounts and records.
D. All meetings of the State Board shall be open to the public.
The State Board shall keep a record of its proceedings.
E. The State Board may adopt all necessary actuarial tables to
be used in the operation of the System as recommended by the actuary
and may compile such additional data as may be necessary for required
actuarial valuation calculations.
F. All decisions of the State Board as to questions of fact
shall be final and conclusive on all persons except for the right of
review as provided by law and except for fraud or such gross mistake
of fact as to have effect equivalent to fraud.
G. The State Board shall take all necessary action upon
applications for pensions, disability benefits, refund of accumulated
contributions and shall take action on all other matters deemed
necessary by the State Board.
Amended by Laws 1985, c. 221, § 3, emerg. eff. July 8, 1985; Laws
1987, c. 236, § 152, emerg. eff. July 20, 1987; Laws 1988, c. 321, §
12, operative July 1, 1988.
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§11-50-105.3. Certified estimate of rate of contribution required,
accumulated contributions and other assets of System.
The State Board shall certify to the Director of the Office of
Management and Enterprise Services, the Speaker of the House of
Representatives, and the President Pro Tempore of the Senate, on or
before November 1 of each year, an actuarially determined estimate of
the rate of contribution which will be required, together with all
accumulated contributions and other assets of the System to pay by
level-dollar payments all liabilities which shall exist or accrue
pursuant to the provisions of the System, including amortization of
the unfunded accrued liability over a period of not to exceed thirty
(30) years beginning July 1, 1988.
Added by Laws 1983, c. 143, § 6, emerg. eff. May 26, 1983. Amended
by Laws 1988, c. 267, § 7, operative July 1, 1988; Laws 2003, c. 51,
§ 3, eff. July 1, 2003; Laws 2012, c. 304, § 50.
§11-50-105.4. Duties of Board - Investments - Liability insurance -
Investment managers - Custodial services - Reports.
A. The Oklahoma Police 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.
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.
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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 State 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
unless the State Board deems it necessary and prudent to do otherwise
to fulfill its fiduciary responsibility. 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 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 in a group trust
that satisfies the requirements of Rev. Rul. 81-100, as further
amended by Rev. Rul. 2004-67, Rev. Rul. 2008-40, and Rev. Rul. 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
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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. After July 1 and before November 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 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 readily understandable means for analyzing the
financial condition and performances of the System for the fiscal
year.
H. The State Board shall adopt a cost of living adjustment
actuarial assumption in its annual actuarial valuation report.
Added by Laws 1988, c. 321, § 13, operative July 1, 1988. Amended by
Laws 1992, c. 354, § 2; Laws 1995, c. 81, § 2, eff. July 1, 1995;
Laws 2000, c. 287, § 5, eff. July 1, 2000; Laws 2002, c. 391, § 4,
eff. July 1, 2002; Laws 2003, c. 51, § 4, eff. July 1, 2003; Laws
2004, c. 536, § 3, eff. July 1, 2004; Laws 2011, c. 379, § 3, eff.
Sept. 1, 2011; Laws 2012, c. 53, § 1, emerg. eff. April 16, 2012.
§11-50-105.5. Duties of fiduciaries.
A. A fiduciary with respect to the Oklahoma Police Pension and
Retirement System shall not cause the System to engage in a
transaction if the fiduciary knows or should know that such
transaction constitutes a direct or indirect:
1. sale or exchange, or leasing of any property from the System
to a party in interest for less than adequate consideration or from a
party in interest to the System for more than adequate consideration;
2. lending of money or other extension of credit from the System
to a party in interest without the receipt of adequate security and a
reasonable rate of interest, or from a party in interest to the
System with provision of excessive security or an unreasonably high
rate of interest;
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3. furnishing of goods, services or facilities from the System
to a party in interest for less than adequate consideration, or from
a party in interest to the System for more than adequate
consideration; or
4. transfer to, or use by or for the benefit of, a party in
interest of any assets of the System for less than adequate
consideration.
B. A fiduciary with respect to the Oklahoma Police Pension and
Retirement System shall not:
1. deal with the assets of the System in the fiduciary's own
interest or for the fiduciary's own account;
2. in the fiduciary's individual or any other capacity act in
any transaction involving the System on behalf of a party whose
interests are adverse to the interests of the System or the interests
of its participants or beneficiaries; or
3. receive any consideration for the fiduciary's own personal
account from any party dealing with the System in connection with a
transaction involving the assets of the System.
C. A fiduciary with respect to the Oklahoma Police Pension and
Retirement System may:
1. invest all or part of the assets of the System in deposits
which bear a reasonable interest rate in a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan; or
2. provide any ancillary service by a bank or similar financial
institution supervised by the United States or a state, if such bank
or other institution is a fiduciary of such plan.
D. A person or a financial institution is a fiduciary with
respect to the Oklahoma Police Pension and Retirement System to the
extent that the person or the financial institution:
1. exercises any discretionary authority or discretionary
control respecting management of the Oklahoma Police Pension and
Retirement System or exercises any authority or control respecting
management or disposition of the assets of the System;
2. renders investment advice for a fee or other compensation,
direct or indirect, with respect to any monies or other property of
the System, or has any authority or responsibility to do so; or
3. has any discretionary authority or discretionary
responsibility in the administration of the System.
Added by Laws 1988, c. 321, § 14, operative July 1, 1988.
§11-50-105.6. Deposit of contributions and dedicated revenues -
Warrants and vouchers.
A. All employee and employer contributions and dedicated
revenues shall be deposited in the Oklahoma Police Pension and
Retirement Fund in the State Treasury. The State Board shall have
the responsibility for the management of the Oklahoma Police Pension
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and Retirement Fund, and may transfer monies used for investment
purposes by the Oklahoma Police Pension and Retirement System from
the Oklahoma Police Pension and Retirement Fund in the State Treasury
to the custodian bank or trust company of the System.
B. All benefits payable pursuant to the provisions of the
Oklahoma Police Pension and Retirement System, refunds of
contribution and overpayments, and all administrative expenses in
connection with the System shall be paid from the Oklahoma Police
Pension and Retirement Fund upon warrants or vouchers signed by two
persons designated by the State Board. The State Board may transfer
monies from the custodian bank or trust company of the System to the
Oklahoma Police Pension and Retirement Fund in the State Treasury for
the purposes specified in this subsection.
Added by Laws 1988, c. 321, § 15, operative July 1, 1988.
§11-50-106. General powers of State Board.
The State Board shall, in addition to other powers herein
granted, have power to:
1. Compel witnesses to attend and testify before it upon all
matters connected with the operations of this article or ordinances
enacted by any municipality relative to the System, and in the same
manner as is or may be provided by law for the taking of testimony
before notaries public; and its Chairman or any member of the State
Board may administer oaths to such witnesses;
2. Provide for the payment of all its necessary expenses, and
pay for actuarial, legal and such other services as shall be required
to transact the business of the System;
3. Provide all rules and regulations necessary for its guidance
in conformity with the provisions of this article including the
physical requirements for eligibility for initial membership in the
System. In connection with such authority, on or after July 1, 2011,
the State Board may permit, effective for applicable notices,
elections and consents provided or made for a member, beneficiary,
alternate payee or individual entitled to benefits under the System,
the use of electronic media to provide such applicable notices and
make such elections and consents as described in Section 1.401(a)-21
of the Income Tax Regulations;
4. For the purpose of meeting disbursements for pensions and
other payments, to keep on deposit in one or more banks, trust
companies or savings and loan associations, to the extent that such
deposit is insured, what it considers an adequate amount of cash. No
trustee or employee of the State Board shall, directly or indirectly,
for himself or as an agent, in any manner use the assets of the
System, except to make such current and necessary payments as are
authorized by the State Board, nor shall any trustee or employee of
the State Board become an endorser or surety or become in any manner
an obligor for monies loaned by or borrowed from the State Board; and
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5. Effective July 1, 1999, do all acts and things necessary and
proper to carry out the purpose of the System and to make the least
costly amendments and changes, if any, as may be necessary to qualify
the System under the applicable sections of the Internal Revenue Code
of 1986, as amended.
Added by Laws 1977, c. 256, § 50-106, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 8, eff. Jan. 1, 1981; Laws 1981, c. 343, § 3,
emerg. eff. June 30, 1981; Laws 1982, c. 119, § 2; Laws 1982, c. 227,
§ 2, emerg. eff. May 4, 1982; Laws 1988, c. 321, § 16, operative July
1, 1988; Laws 2000, c. 287, § 6, eff. July 1, 2000; Laws 2012, c. 53,
§ 2, emerg. eff. April 16, 2012.
§11-50-106.1. Repealed by Laws 2003, c. 137, § 10, emerg. eff. April
25, 2003.
§11-50-106.2. Repealed by Laws 2003, c. 137, § 10, emerg. eff. April
25, 2003.
§11-50-106.3. Joining System - Application for affiliation -
Consolidation of systems - Election to participate.
A. An eligible employer may join the System on the first day of
any month. Application for affiliation shall be in the form of a
resolution approved by the governing body of the eligible employer or
by any other body or officer authorized by law or recognized by the
State Board to approve such resolution or action. Upon the filing of
a certified copy of such resolution with the State Board, such
election shall be irrevocable and the eligible municipality shall
become a participating municipality on the first day of the month
immediately following the filing of such election with the State
Board. Participating municipalities shall be required to provide all
documentation requested by the System relating to the administration
of the System.
B. The State Board shall have final authority in determining
eligibility for membership in the System, pursuant to the provisions
of this article. A member claiming credit for prior municipal police
service in Oklahoma shall file an application with the State Board.
The date of filing such application shall be not more than ninety
(90) days after the municipality's entry date. Any credit for such
prior service shall not exceed five (5) years. Upon a favorable
determination of the eligibility for and the amount of service credit
under this section, the member shall pay the amount determined by the
State Board pursuant to Section 50-111.4 of this title.
C. Any municipality that has a municipal police pension and
retirement system prior to July 1, 1980, shall consolidate its system
with the state System and become a participating municipality on the
first entry date as provided in this article.
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D. Any eligible employer of a municipality which is a
participating employer in the Oklahoma Public Employees Retirement
System on July 1, 1996, may become a participating municipality of
the Oklahoma Police Pension and Retirement System if and only if a
certified copy of a resolution approved by the governing body of the
eligible employer or by any other body or officer authorized by law
or recognized by the Board to approve such a resolution, is filed
with the Board. Such election shall be irrevocable.
1. All eligible officers who are initially employed in such a
position on or after the date when the municipality becomes a
participating municipality shall be members of the Oklahoma Police
Pension and Retirement System and shall have no right to participate
in the Oklahoma Public Employees Retirement System.
2. All eligible officers who were employed in such a position
prior to the date when the municipality becomes a participating
municipality shall have the right to make a one-time election on or
before six (6) months following the date that the municipality became
a participating municipality to participate in the Oklahoma Police
Pension and Retirement System. Any such employee who fails to make
the election provided in this paragraph shall remain in the Oklahoma
Public Employees Retirement System.
a. Eligible officers electing to participate in the
Oklahoma Police Pension and Retirement System shall be
allowed to withdraw their accumulated contributions or
elect a vested benefit in the Oklahoma Public Employees
Retirement System as provided in Section 917 of Title
74 of the Oklahoma Statutes.
b. Eligible officers electing to participate in the
Oklahoma Police Pension and Retirement System may file
a claim for prior municipal police service in Oklahoma
with the State Board and may receive the prior service
credit, not to exceed five (5) years, upon payment for
the service at the actuarial cost as determined by the
State Board. In no event, however, shall any eligible
officer electing to participate in the Oklahoma Police
Pension and Retirement System be allowed to receive
credit or benefits in the Oklahoma Police Pension and
Retirement System for years of service for which the
officer is already receiving or eligible to receive
retirement credit or benefits in the Oklahoma Public
Employees Retirement System.
Added by Laws 1980, c. 356, § 11, eff. Jan. 1, 1981. Amended by Laws
1987, c. 236, § 153, emerg. eff. July 20, 1987; Laws 1990, c. 340, §
6, eff. July 1, 1990; Laws 1993, c. 352, § 1, eff. July 1, 1993; Laws
1996, c. 333, § 1, eff. July 1, 1996; Laws 2001, c. 183, § 2, emerg.
eff. May 2, 2001; Laws 2003, c. 51, § 5, eff. July 1, 2003.
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§11-50-107. Custody and disbursement of pension funds - Refund for
overpayment.
A. All monies provided for the Fund of the System by this
article, or by appropriation by any municipality, or by contribution
from members, shall be paid over to and received by the State Board
for the use and benefit of the System to be disbursed and handled as
provided in this article.
B. Should any error in any records of the Oklahoma Police
Pension and Retirement System result in any payee receiving more or
less than the payee would have been entitled had the records been
correct, the State Board shall correct such error and shall pay any
underpayments or recover any overpayments. An error does not include
a member's failure to submit required documents, including proof of
military service, prior to the effective date of retirement, which
date includes the member's entry into the Oklahoma Police Deferred
Option Plan. If a member submits documents after the effective date
of retirement, no adjustment in retirement benefits shall be made.
C. Should more than the amount of a participating municipality
or member contributions be paid to the System by a participating
municipality through a mistake of fact, the System shall refund the
amounts paid to the participating municipality within one year after
the date on which the mistaken contribution was made. The System
shall not pay the participating municipality earnings attributable to
such contribution but shall reduce the amount returned to the
participating municipality pursuant to this subsection by the amount
of losses attributable to such contribution.
Added by Laws 1977, c. 256, § 50-107, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 12, eff. Jan. 1, 1981; Laws 2003, c. 51, § 6,
eff. July 1, 2003; Laws 2006, 2nd Ex.Sess., c. 46, § 16, eff. July 1,
2006; Laws 2014, c. 44, § 1, emerg. eff. April 15, 2014.
§11-50-108. Repealed by Laws 2003, c. 137, § 10, emerg. eff. April
25, 2003.
§11-50-109. Appropriation of percentage of annual salary of member
of System.
Any municipality participating in the System shall appropriate
funds, for the use and benefit of the System, as provided in the
following schedule:
1. Prior to July 1, 1991, a minimum of ten percent (10%) of the
actual paid base salary of each member of the System employed by the
municipality;
2. Beginning July 1, 1991, a minimum of ten and one-half percent
(10 1/2%) of the actual paid base salary of each member of the System
employed by the municipality;
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3. Beginning July 1, 1992, a minimum of eleven percent (11%) of
the actual paid base salary of each member of the System employed by
the municipality;
4. Beginning July 1, 1993, a minimum of eleven and one-half
percent (11 1/2%) of the actual paid base salary of each member of
the System employed by the municipality;
5. Beginning July 1, 1994, a minimum of twelve percent (12%) of
the actual paid base salary of each member of the System employed by
the municipality;
6. Beginning July 1, 1995, a minimum of twelve and one-half
percent (12 1/2%) of the actual paid base salary of each member of
the System employed by the municipality; and
7. Beginning July 1, 1996, a minimum of thirteen percent (13%)
of the actual paid base salary of each member of the System employed
by the municipality.
The sum appropriated shall be paid to the System within ten (10)
days following the payroll period on which the contribution is based.
The state shall make such appropriation as is necessary to assure
the retirement benefits provided by the article.
Laws 1977, c. 256, § 50-109, eff. July 1, 1978; Laws 1980, c. 356, §
14, eff. Jan. 1, 1981. Amended by Laws 1990, c. 340, § 7, eff. July
1, 1990.
§11-50-110. Contributions by members of System - Picked up
contributions.
A. Each member in the System shall contribute to the System a
minimum of eight percent (8%) of the member's actual paid base
salary.
At the option of the participating municipality, the
participating municipality may pay all or any part of the member's
required contribution. The sums contributed shall be paid to the
System as provided in this article within ten (10) days following the
payroll period on which the contributions are based. Amounts
deducted from the salary of a member and not paid to the System after
thirty (30) days from each ending payroll date shall be subject to a
monthly late charge of one and one-half percent (1 1/2%) of the
unpaid balance to be paid by the municipality to the System. All
funds received by a participating municipality for police retirement
purposes shall be forwarded to the State Board for credit to the
Fund.
B. Each municipality shall pick up under the provisions of
Section 414(h)(2) of the Internal Revenue Code of 1986 and pay the
contribution which the member is required by law to make to the
System for all compensation earned after December 31, 1988. Although
the contributions so picked up are designated as member
contributions, such contributions shall be treated as contributions
being paid by the municipality in lieu of contributions by the member
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in determining tax treatment under the Internal Revenue Code of 1986
and such picked up contributions shall not be includable in the gross
income of the member until such amounts are distributed or made
available to the member or the beneficiary of the member. The
member, by the terms of this System, shall not have any option to
choose to receive the contributions so picked up directly and the
picked up contributions must be paid by the municipality to the
System.
Member contributions which are picked up shall be treated in the
same manner and to the same extent as member contributions made prior
to the date on which member contributions were picked up by the
municipality. Member contributions so picked up shall be included in
gross salary for purposes of determining benefits and contributions
under the System.
The municipality shall pay the member contributions from the same
source of funds used in paying salary to the member, by effecting an
equal cash reduction in gross salary of the member.
Laws 1977, c. 256, § 50-110, eff. July 1, 1978; Laws 1980, c. 356, §
15, eff. Jan. 1, 1981; Laws 1988, c. 267, § 8, operative July 1,
1988; Laws 1992, c. 376, § 2, eff. July 1, 1992.
§11-50-111.1. Termination of service before normal retirement date -
Refund of accumulated contributions - Election of vested benefit -
Monthly retirement annuity - Rejoining System - Death without named
beneficiary.
A. A member who terminates service before normal retirement
date, other than by death or disability shall, upon application filed
with the State Board, be refunded from the Fund an amount equal to
the accumulated contributions the member has made to the Fund, but
excluding any interest or any amount contributed by the municipality
or state. If a member withdraws the member's accumulated
contributions, such member shall not have any recourse against the
System for any type of additional benefits including, but not limited
to, disability benefits. If a member has completed ten (10) years of
credited service at the date of termination, the member may elect a
vested benefit in lieu of receiving the member's accumulated
contributions.
If the member who has completed ten (10) or more years of
credited service elects the vested benefit, the member shall be
entitled to a monthly retirement annuity commencing on the date the
member reaches fifty (50) years of age or the date the member would
have had twenty (20) years of credited service had the member's
employment continued uninterrupted, whichever is later. The annual
amount of such retirement annuity shall be equal to two and one-half
percent (2 1/2%) of the annualized final average salary multiplied by
the number of years of credited service.
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If a terminated member has elected a vested benefit and
subsequently returns to work as a police officer of a participating
municipality, their vested benefit will be set aside and prior
credited service will be reinstated.
B. If a member who terminates employment and elects a vested
benefit dies prior to being eligible to receive benefits, the
member's beneficiary shall be entitled to the member's normal monthly
accrued retirement benefits on the date the deceased member would
have been eligible to receive the benefit.
C. Whenever a member has terminated or hereafter terminates
covered employment and has withdrawn or hereafter withdraws the
member's accumulated contributions and has rejoined or hereafter
rejoins the System, the member, upon proper application and approval
by the Board, may pay to the System the sum of the accumulated
contributions the member has withdrawn or hereafter withdraws plus
ten percent (10%) annual interest from the date of withdrawal and
shall receive the same benefits as if the member had never withdrawn
the contributions. A lump-sum payment for repayment of any amounts
received because of a member's prior termination may be repaid by
trustee-to-trustee transfers of non-Roth funds from a Section 403(b)
annuity, an eligible Section 457(b) plan, and/or a Section 401(a)
qualified plan. Those members who at the time of termination of
employment could not withdraw any of their accumulated contributions
shall receive credited service for the time employed as an officer
prior to any such termination upon proper application and approval by
the Board. To receive credit for such service, all required
contributions and interest shall be paid within ninety (90) days of
Board approval of the application. The provisions of this subsection
shall not apply to any member who is receiving benefits from the
System as of July 1, 1987.
D. If an active member dies and does not leave a beneficiary,
the accumulated contributions made to the System by the member shall
be paid to the estate of the member.
Added by Laws 1980, c. 356, § 16, eff. Jan. 1, 1981. Amended by Laws
1985, c. 221, § 5, emerg. eff. July 8, 1985; Laws 1987, c. 236, §
154, emerg. eff. July 20, 1987; Laws 1990, c. 340, § 8, eff. July 1,
1990; Laws 1991, c. 335, § 4, emerg. eff. June 15, 1991; Laws 1993,
c. 352, § 2, eff. July 1, 1993; Laws 1994, c. 2, § 5, emerg. eff.
March 2, 1994; Laws 1995, c. 173, § 3, eff. July 1, 1995; Laws 2003,
c. 137, § 2, emerg. eff. April 25, 2003; Laws 2004, c. 551, § 3,
emerg. eff. June 9, 2004; Laws 2014, c. 44, § 2, emerg. eff. April
15, 2014; Laws 2016, c. 346, § 2, eff. July 1, 2016.
NOTE: Laws 1990, c. 143, § 4 repealed by Laws 1991, c. 335, § 37,
emerg. eff. June 15, 1991. Laws 1993, c. 126, § 6 repealed by Laws
1994, c. 2, § 34, emerg. eff. March 2, 1994.
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§11-50-111.2. Transfer of credited service from or to other
retirement system.
A. A member of the Oklahoma Police Pension and Retirement System
may receive up to five (5) years of credited service accumulated by
the member while a member of the Oklahoma Firefighters Pension and
Retirement System, the Oklahoma Law Enforcement Retirement System,
the Teacher's Retirement System of Oklahoma, the Oklahoma Public
Employees Retirement System or a county retirement system created
pursuant to Section 951 of Title 19 of the Oklahoma Statutes or an
Oklahoma municipal retirement system, if the member is not receiving
or eligible to receive retirement credit or benefits from said
service in any other public retirement system. The member shall
decide the number of years of credited service, not to exceed five
(5) years, to purchase. The State Board shall determine the amount
for the purchase pursuant to Section 50-111.4 of this title. The
amount may be paid through a trustee-to-trustee transfer to the
Oklahoma Police Pension and Retirement System from another system
designated in this section, and/or through payments made by the
member. The transferred credited service of the member from another
retirement system pursuant to this section shall not alter the
member's normal retirement date or vesting requirements. The
transferred credited service will be added after the member reaches
normal retirement date or vesting date.
B. The Oklahoma Police Pension and Retirement System shall
transfer credited service to another Oklahoma state retirement system
upon request of former members. Upon transfer, the former member
shall have forfeited all rights in the Oklahoma Police Pension and
Retirement System. Employee and city contributions of the former
municipal retirement systems prior to January 1, 1981, are not
transferable.
Added by Laws 1987, c. 236, § 155, emerg. eff. July 20, 1987.
Amended by Laws 1988, c. 267, § 9, operative July 1, 1988; Laws 1990,
c. 340, § 9, eff. July 1, 1990; Laws 1993, c. 352, § 3, eff. July 1,
1993; Laws 2001, c. 183, § 3, emerg. eff. May 2, 2001; Laws 2018, c.
20, § 2, eff. Nov. 1, 2018.
§11-50-111.2A. Purchase of service credit for time served with
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
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
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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.
Added by Laws 2004, c. 434, § 2, eff. July 1, 2004.
§11-50-111.3. Deferred option plans.
A. In lieu of terminating employment and accepting a service
retirement pension pursuant to Section 50-114 of this title, any
member of the Oklahoma Police Pension and Retirement System who has
not less than twenty (20) years of creditable service and who is
eligible to receive a service retirement pension may make an
irrevocable election to participate in the Oklahoma Police Deferred
Option Plan and defer the receipts of benefits in accordance with the
provisions of this section.
B. For purposes of this section, creditable service shall
include service credit reciprocally recognized pursuant to Section
50-101 et seq. of this title but for eligibility purposes only.
C. The duration of participation in the Oklahoma Police Deferred
Option Plan for a member shall not exceed five (5) years.
Participation in the Oklahoma Police Deferred Option Plan must begin
the first day of a month and end on the last day of a month. At the
conclusion of a member's participation in the Oklahoma Police
Deferred Option Plan, the member shall terminate employment with all
participating municipalities as an officer, and shall start receiving
the member's accrued monthly retirement benefit from the System.
Such a member may receive in-service distributions of such member's
accrued monthly retirement benefit from the System if such member is
reemployed by a participating municipality only if such reemployment
is as a police chief or in a position not covered under the System.
D. When a member begins participation in the Oklahoma Police
Deferred Option Plan, the contribution of the employee shall cease.
The employer contributions shall continue to be paid in accordance
with Section 50-109 of this title. Municipal contributions for
employees who elect the Oklahoma Police Deferred Option Plan shall be
credited equally to the Oklahoma Police Pension and Retirement System
and to the Oklahoma Police Deferred Option Plan. The monthly
retirement benefits that would have been payable had the member
elected to cease employment and receive a service retirement shall be
paid into the Oklahoma Police Deferred Option Plan account.
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E. 1. A member who participates in this plan shall be eligible
to receive cost of living increases.
2. A member who participates in this plan shall earn interest at
a rate of two percentage points below the rate of return of the
investment portfolio of the System, but no less than the actuarial
assumed interest rate as certified by the actuary in the yearly
evaluation report of the actuary. The interest shall be credited to
the individual account balance of the member on an annual basis.
F. A participant in the Oklahoma Police Deferred Option Plan
shall receive, at the option of the participant:
1. A lump sum payment from the account equal to the option
account balance of the participant, payable to the participant;
2. A lump sum payment from the account equal to the option
account balance of the participant, payable to the annuity provider
which shall be selected by the participant as a result of the
research and investigation of the participant; or
3. Any other method of payment if approved by the State Board.
Notwithstanding any other provision contained herein to the
contrary, commencement of distributions under the Oklahoma Police
Deferred Option Plan shall be no later than the time as set forth in
subsection C of Section 50-114 of this title.
G. If the participant dies during the period of participation in
the Oklahoma Police Deferred Option Plan, a lump sum payment equal to
the account balance of the participant shall be paid to the
recipients designated in writing by the participant or, if none, to
the surviving spouse who was married to the participant for the
thirty (30) continuous months immediately preceding the death of the
participant; provided, a surviving spouse of a participant who died
in, and as a consequence of, the performance of the participant's
duty for a participating municipality shall not be subject to the
thirty-month marriage requirement for survivor benefits or, if no
surviving spouse, to the estate of the participant.
H. In lieu of participating in the Oklahoma Police Deferred
Option Plan pursuant to subsections A, B, C, D, E and F of this
section, a member may make an irrevocable election to participate in
the Oklahoma Police Deferred Option Plan pursuant to this subsection
as follows:
1. For purposes of this subsection, the following definitions
shall apply:
a. "back drop date" means the date selected by the member,
which is up to five (5) years before the member elects
to participate in the Oklahoma Police Deferred Option
Plan, but not before the date at which the member
completes twenty (20) years of credited service,
b. "termination date" means the date the member elects to
participate in the Oklahoma Police Deferred Option Plan
pursuant to this subsection, and the date the member
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terminates employment with all participating
municipalities as an active police officer, such
termination has at all times included reemployment of a
member by a participating municipality only if such
reemployment is as a police chief or in a position not
covered under the System,
c. "earlier attained credited service" means the credited
service earned by a member as of the back drop date,
and earlier attained credited service cannot be reduced
to less than twenty (20) years of credited service, and
d. "deferred benefit balance" means all monthly retirement
benefits that would have been payable had the member
elected to cease employment on the back drop date and
receive a service retirement from the back drop date to
the termination date, all of the member's contributions
and one-half (1/2) of the employer contributions from
the back drop date to the termination date, with
interest based on how the benefit would have
accumulated as if the member had participated in the
Oklahoma Police Deferred Option Plan pursuant to
subsections A, B, C, D and E of this section from the
back drop date to the termination date;
2. At the termination date, the monthly pension benefit shall be
determined based on earlier attained credited service and on the
final average salary as of the back drop date. The member's
individual deferred option account shall be credited with an amount
equal to the deferred benefit balance; the member shall terminate
employment with all participating municipalities as a police officer
and shall start receiving the member's accrued monthly retirement
benefit from the System. The provisions of subsections B, C, E, F
and G of this section shall apply to this subsection. A member shall
not participate in the Oklahoma Police Deferred Option Plan pursuant
to this subsection if the member has elected to participate in the
Oklahoma Police Deferred Option Plan pursuant to subsections A, B, C,
D, E and F of this section; and
3. If a member who has not less than twenty (20) years of
creditable service and who is eligible to receive a service
retirement pension dies prior to terminating employment, the
surviving spouse shall be eligible to elect to receive a benefit
determined as if the member had elected to participate in the
Oklahoma Police Deferred Option Plan in accordance with this
subsection on the day immediately preceding the death. The surviving
spouse must have been married to the member for the thirty (30)
continuous months preceding the member's death; provided, the
surviving spouse of a member who died while in, and as a consequence
of, the performance of the member's duty for a participating
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municipality shall not be subject to the thirty-month marriage
requirement for this election.
Added by Laws 1990, c. 111, § 1, eff. Oct. 1, 1990. Amended by Laws
1990, c. 340, § 10, eff. July 1, 1990; Laws 1990, c. 334, § 2,
operative July 1, 1990; Laws 1993, c. 352, § 4, eff. July 1, 1993;
Laws 2003, c. 137, § 3, emerg. eff. April 25, 2003; Laws 2003, c.
343, § 1, eff. July 1, 2003; Laws 2004, c. 551, § 4, emerg. eff. June
9, 2004; Laws 2008, c. 177, § 4, eff. July 1, 2008; Laws 2010, c.
437, § 2, emerg. eff. June 9, 2010; Laws 2019, c. 346, § 3, eff. July
1, 2019.
NOTE: Laws 1990, c. 247, § 1 repealed by Laws 1990, c. 340, § 45,
eff. July 1, 1990.
§11-50-111.4. Transferred credited service - Computation of purchase
price.
A. The Oklahoma Police Pension and Retirement Board shall adopt
rules for computation of the purchase price for transferred credited
service. These rules 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 the
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. The computation shall assume an unreduced
benefit and be computed using interest and mortality assumptions
consistent with the actuarial assumptions adopted by the Board of
Trustees for purposes of preparing the annual actuarial evaluation.
B. In the event that the member is unable to pay the purchase
price provided for in this section by the due date, the Oklahoma
Police Pension and Retirement Board shall permit the members to
amortize the purchase price over a period not to exceed sixty (60)
months. Payments shall be made by payroll deductions unless the
Oklahoma Police Pension and Retirement Board permits an alternate
payment source. The amortization shall include interest in an amount
not to exceed the actuarially assumed interest rate adopted by the
Oklahoma Police Pension and Retirement 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 prorated service credit for only those payments
made, unless the unpaid balance is paid by the member, his or her
estate or successor in interest within six (6) months after the
member's death, termination of employment or retirement, provided no
retirement benefits shall be payable until the unpaid balance is
paid, unless the member or beneficiary affirmatively waives the
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additional six-month period in which to pay the unpaid balance.
Notwithstanding anything herein to the contrary, lump-sum payments
for a transferred credited service purchase may be made by 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; or 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). The Oklahoma Police Pension and Retirement
Board shall develop such procedures and may require such information
from the distributing plan as it deems necessary to reasonably
conclude that a potential rollover contribution is a valid rollover
contribution under Section 1.401(a)(31)-1, Q&A-14(b)(2), of the
Income Tax Regulations. Roth accounts and Coverdell Education
Savings Accounts shall not be used to purchase transferred credited
service. A member making installment payments shall have the option
of making a cash lump-sum payment for the balance of the actuarial
purchase price with interest due through the date of payment by 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; or 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). Roth
accounts and Coverdell Education Savings Accounts shall not be used
to purchase transferred credited service. The State Board shall
promulgate such rules as are necessary to implement the provisions of
this subsection.
Added by Laws 1990, c. 340, § 11, eff. July 1, 1990. Amended by Laws
1993, c. 322, § 4, emerg. eff. June 7, 1993; Laws 2003, c. 137, § 4,
emerg. eff. April 25, 2003; Laws 2004, c. 536, § 4, eff. July 1,
2004; Laws 2005, c. 137, § 1, emerg. eff. May 3, 2005; Laws 2015, c.
23, § 1, emerg. eff. April 7, 2015; Laws 2016, c. 346, § 3, eff. July
1, 2016.
§11-50-111.5. Written election - Employer and employee contributions
and accrued earnings - Service.
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A. Any individual who was a member with a vested benefit with
the Oklahoma Police Pension and Retirement System on or after July 1,
1987, and who becomes appointed to a position in the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, or the Alcoholic Beverage Laws Enforcement
Commission may, at the time the individual accepts such position,
elect in writing to remain a member of the Oklahoma Police Pension
and Retirement System as long as the individual has not begun
receiving benefits from the Oklahoma Police Pension and Retirement
System or the Oklahoma Law Enforcement Retirement System and shall
not become a member of the Oklahoma Law Enforcement Retirement
System. The agency shall send a copy of the written election to the
Oklahoma Police Pension and Retirement System and the Oklahoma Law
Enforcement Retirement System within five (5) business days from its
signing. If such eligible individual does not elect to remain in the
Oklahoma Police Pension and Retirement System pursuant to this
subsection, then the individual may elect to transfer at a later date
pursuant to subsection B of this section.
B. Any individual who was a member with a vested benefit with
the Oklahoma Police Pension and Retirement System on or after July 1,
1987, and who subsequently entered the Oklahoma Law Enforcement
Retirement System because he or she was appointed to a position in
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
the Oklahoma State Bureau of Investigation, or the Alcoholic Beverage
Laws Enforcement Commission or, effective July 1, 2013, through July
31, 2013, an individual who made an election under subsection A that
had been accepted by the Oklahoma Police Pension and Retirement
System who did not have a vested benefit may, at any time the member
is an active employee of such agency and has not begun receiving
benefits from the Oklahoma Police Pension and Retirement System or
the Oklahoma Law Enforcement Retirement System, elect in writing to
reenter the Oklahoma Police Pension and Retirement System. Such
written election shall be provided to the Oklahoma Police Pension and
Retirement System. For purposes of this section, constructive
receipt of the written election shall be the first day of the month
following actual receipt.
1. A person who elects to transfer pursuant to this subsection
shall have all of his or her employer and employee contributions made
to the Oklahoma Law Enforcement Retirement System transferred to the
Oklahoma Police Pension and Retirement System along with accrued
earnings based upon the actuarial rate of return of the Oklahoma Law
Enforcement Retirement System. Upon receiving the transfer of the
employer and employee contributions and earnings, and notwithstanding
the provisions of Section 50-111.4 of this title, the Oklahoma Police
Pension and Retirement System shall treat the service that the member
accrued in the Oklahoma Law Enforcement Retirement System as service
in the Oklahoma Police Pension and Retirement System; and
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2. Upon actual receipt of the written election pursuant to this
subsection, the Oklahoma Police Pension and Retirement System shall
notify the Oklahoma Law Enforcement Retirement System of the transfer
election and shall send to the Oklahoma Law Enforcement Retirement
System a copy of the election within five (5) business days. The
Oklahoma Law Enforcement Retirement System shall transfer the
employer and employee contributions and earnings of the transferring
member to the Oklahoma Police Pension and Retirement System on or
before the first day of the month following constructive receipt of
the election. The transferring member shall then reenter the
Oklahoma Police Pension and Retirement System beginning on the first
day of the month following the month in which constructive receipt of
the written election was made to the Oklahoma Police Pension and
Retirement System. Any member who transfers to the Oklahoma Police
Pension and Retirement System pursuant to this subsection shall have
all service credit in the Oklahoma Law Enforcement Retirement System
canceled.
C. Notwithstanding the provisions of Section 2-300 et seq. of
Title 47 of the Oklahoma Statutes, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation, and the Alcoholic Beverage Laws Enforcement Commission
shall make employer contributions to the Oklahoma Police Pension and
Retirement System in the same manner as participating municipalities
of the Oklahoma Police Pension and Retirement System for all members
who either elect to remain in or elect to transfer to the Oklahoma
Police Pension and Retirement System pursuant to this section. The
electing member shall make employee contributions to the Oklahoma
Police Pension and Retirement System as other participating members
of the Oklahoma Police Pension and Retirement System.
Added by Laws 2000, c. 307, § 2, eff. July 1, 2000. Amended by Laws
2001, c. 199, § 2, eff. July 1, 2001; Laws 2013, c. 241, § 1, emerg.
eff. May 13, 2013.
§11-50-112. Participation in System required - Eligibility.
A. All persons employed as full-time duly appointed or elected
officers who are paid for working more than twenty-five (25) hours
per week or any person hired by a participating municipality who is
undergoing police training to become a permanent police officer of
the municipality shall participate in the System upon initial
employment with a police department of a participating municipality.
All such persons shall submit to a physical-medical examination
pertaining to sight, hearing, agility and other conditions the
requirements of which shall be established by the State Board. The
person shall be required to complete this physical-medical
examination prior to the beginning of actual employment. This
examination shall identify any preexisting conditions. Except as
otherwise provided in this section, a police officer shall be not
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less than twenty-one (21) nor more than forty-five (45) years of age
when accepted for membership in the System. However, if a
municipality should be found to be in noncompliance with the
provisions of Article 50 of this title, as determined by the State
Board, then any current full-time active police officer employed by a
municipality as of July 1, 2001, shall not be denied eligibility to
participate in the Oklahoma Police Pension and Retirement System
solely due to age. The State Board shall have authority to deny or
revoke membership of any person submitting false information in such
person's membership application. The State Board shall have final
authority in determining eligibility for membership in the System,
pursuant to the provisions of this article.
B. The police chief of any participating municipality may be
exempt from membership in the System or may become a member provided
the member is not a retired member and the requirements of this
section are met at the time of employment.
C. A member of the System who has attained his or her normal
retirement date may, if the member so elects, agree to terminate
employment and retire as a member of the System and make an election
to receive distributions from the System. If a retired member is
reemployed by a participating municipality in the position of police
chief or in a position which is not covered by the System, retirement
shall include receipt by such retired member of in-service
distributions from the System.
D. A former member of the System who terminates from covered
employment and who has neither retired from the System nor entered
the Oklahoma Police Deferred Option Plan and is later employed in a
covered position with a participating municipality shall not be
denied eligibility to become a member of the System because he or she
is forty-five (45) years of age or older. If such member has
withdrawn his or her contributions prior to re-entering the System
and the member desires to receive credit for such prior service, then
the member shall pay back such contributions and interest pursuant to
Section 50-111.1 of this title.
E. Notwithstanding any other provision of law to the contrary, a
municipality that employs two (2) or fewer full-time police officers
may employ a police officer who is more than forty-five (45) years of
age and who has never participated in the Oklahoma Police Pension and
Retirement System, but such police officer shall not be eligible to
participate in the System. Such police officer shall be counted in
the limitation imposed by this subsection. Notwithstanding any other
provisions of law, the State Board shall be granted access to
information concerning a list of actively working police officers
within the municipalities and agencies under the purview provided by
the Council on Law Enforcement Education and Training.
Added by Laws 1977, c. 256, § 50-112, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 17, eff. Jan. 1, 1981; Laws 1984, c. 286, § 3,
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operative July 1, 1984; Laws 1988, c. 267, § 10, operative July 1,
1988; Laws 1989, c. 234, § 1, emerg. eff. May 12, 1989; Laws 1990, c.
340, § 12, eff. July 1, 1990; Laws 1991, c. 335, § 5, emerg. eff.
June 15, 1991; Laws 1992, c. 390, § 4, emerg. eff. June 9, 1992; Laws
1995, c. 173, § 4, eff. July 1, 1995; Laws 2000, c. 377, § 2, eff.
July 1, 2000; Laws 2001, c. 183, § 4, emerg. eff. May 2, 2001; Laws
2001, c. 414, § 3, eff. July 1, 2001; Laws 2003, c. 64, § 1, eff.
July 1, 2003; Laws 2003, c. 486, § 1, eff. July 1, 2003; Laws 2004,
c. 5, § 3, emerg. eff. March 1, 2004; Laws 2004, c. 434, § 1, eff.
July 1, 2004; Laws 2019, c. 346, § 4, eff. July 1, 2019.
NOTE: Laws 1989, c. 341, § 2 repealed by Laws 1990, c. 337, § 26.
Laws 1990, c. 337, § 5 repealed by Laws 1991, c. 335, § 37, emerg.
eff. June 15, 1991. Laws 2001, c. 128, § 1 repealed by Laws 2001, c.
414, § 14, eff. July 1, 2001. Laws 2003, c. 137, § 5 repealed by
Laws 2004, c. 5, § 4, emerg. eff. March 1, 2004.
§11-50-113. Purposes of pension fund - Limitation on payments.
All the funds in the System shall be used only for the following
purposes:
1. For investments as authorized by law;
2. For the payment of allowances to injured and disabled members
of any participating municipality;
3. For the payment of pensions for long service to retired
members of any participating municipality;
4. For the payment of a pension to any beneficiary of any member
eligible for a pension;
5. For the payment of any professional services deemed necessary
by the State Board;
6. For the payment of warrant deductions upon proper
authorization given by the member to the Board from which the member
or beneficiary is currently receiving retirement benefits for any
insurance premium due an insurance organization for life, accident,
and health insurance.
The System has no responsibility for the marketing, enrolling or
administration of the products for which warrant deductions are
authorized under this paragraph.
Approval of a warrant deduction for any insurance organization,
line of coverage or policy shall not be construed as an assumption of
liability, for the terms of the policy or the performance of the
insurance organization by the Oklahoma Police Pension and Retirement
System;
7. For the payment of membership dues in a statewide association
limited to Oklahoma Police Pension and Retirement System members with
a minimum membership of one thousand dues-paying members upon proper
authorization given by the member; and
8. Any other purposes authorized by law.
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Such payments in any event shall not exceed the limits provided in
this article.
Added by Laws 1977, c. 256, § 50-113, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 18, eff. Jan. 1, 1981; Laws 1988, c. 321, § 17,
operative July 1, 1988; Laws 1995, c. 162, § 1, emerg. eff. May 2,
1995; Laws 2007, c. 152, § 1, eff. July 1, 2007.
§11-50-114. Service pension to members of System - Amount -
Eligibility - Delay of distribution - Death of member - Review of
requests - Disability benefits in lieu of pensions - Health insurance
payments.
A. The State Board is hereby authorized to pay out of funds in
the System a monthly service pension to any member eligible as
hereinafter provided, not exceeding in any event the amount of money
in such funds and not exceeding in any event the accrued retirement
benefit for such member, except as provided for herein. In order for
a member to be eligible for such service pension the following
requirements must be complied with:
1. The member's service with the police department for any
participating municipality must have ceased; however, a member may be
subsequently reemployed in the position of police chief pursuant to
subsection C of Section 50-112 of this title;
2. The member must have reached the member's normal retirement
date; and
3. The member must have complied with any agreement as to
contributions by the member and other members to any funds of the
System where said agreement has been made as provided by this
article; provided, that should a retired member receive disability
benefits as provided in this and other sections of this article, the
time the retired member is receiving said disability benefits shall
count as time on active service if the retired member should be
recalled by the Chief of Police from said disability retirement. It
shall be necessary before said time shall be counted toward
retirement that the retired member make the same contribution as the
member would have otherwise made if on active service for the time
the retired member was disabled.
B. Any member complying with all requirements of this article,
who reaches normal retirement date, upon application, shall be
retired at the accrued retirement benefit. When a member has served
for the necessary number of years and is otherwise eligible, as
provided in this article, if such member is discharged without cause
by the participating municipality, the member shall be eligible for a
pension.
C. Effective July 1, 1989, in no event shall commencement of
distribution of the accrued retirement benefit of a member be delayed
beyond April 1 of the calendar year following the later of:
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1. The calendar year in which the member reaches seventy and
one-half (70 1/2) years of age; or
2. The actual retirement date of the member.
For distributions made for calendar years beginning on or after
January 1, 2001 through December 31, 2004, the System shall apply the
minimum distribution requirements and incidental benefit requirements
of Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended, in accordance with the regulations under Section 401(a)(9)
of the Internal Revenue Code of 1986, as amended, which were proposed
on January 17, 2001, notwithstanding any provision of the System to
the contrary. For distributions made for calendar years beginning on
or after January 1, 2005, the System shall apply the minimum
distribution incidental benefit requirements, incidental benefit
requirements, and minimum distribution requirements of Section 401(a)
(9) of the Internal Revenue Code of 1986, as amended, in accordance
with the final regulations under Section 401(a)(9) of the Internal
Revenue Code of 1986, as amended, which were issued in April 2002 and
June 2004, notwithstanding any provision of the System to the
contrary. Effective January 1, 2009, with respect to the Oklahoma
Police Deferred Option Plan, to the extent applicable, no minimum
distribution is required for 2009 in accordance with Section 401(a)
(9)(H) of the Internal Revenue Code of 1986, as amended.
Effective September 8, 2009, notwithstanding anything to the
contrary of the System, the System, which is a governmental plan
(within the meaning of Section 414(d) of the Internal Revenue Code of
1986, as amended) is treated as having complied with Section 401(a)
(9) of the Internal Revenue Code of 1986, as amended, for all years
to which Section 401(a)(9) of the Internal Revenue Code of 1986, as
amended, applies to the System if the System complies with a
reasonable and good faith interpretation of Section 401(a)(9) of the
Internal Revenue Code of 1986, as amended.
D. In the event of the death of any member who has been awarded
a retirement benefit or is eligible therefor as provided in this
section, such member's beneficiaries shall be paid such retirement
benefit. The remaining portion of the member's retirement benefit
shall be distributed to the beneficiaries at least as rapidly as
under the method of distribution to the member. Effective March 1,
1997, if a member to whom a retirement benefit has been awarded or
who is eligible therefor dies prior to the date as of which the total
amount of retirement benefit paid equals the total amount of the
employee contributions paid by or on behalf of the member and the
member does not have a surviving beneficiary, the total benefits paid
as of the date of the member's death shall be subtracted from the
accumulated employee contribution amount and the balance, if greater
than zero (0), shall be paid to the member's estate.
E. The State Board may review and affirm a member's request for
retirement benefits prior to the member's normal retirement date
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provided that no retirement benefits are paid prior to the normal
retirement date.
F. A member retired under the provisions of this article may
apply to the State Board to have the member's retirement benefits set
aside and may make application for disability benefits. Upon
approval of the disability benefits, the member would become subject
to all provisions of this article pertaining to disability
retirement.
G. Upon the death of a retired member or a beneficiary, the
benefit payment for the month in which the retired member or
beneficiary died, if not previously paid, shall be made to the
beneficiary of the member, which shall include a successor in
interest for whom an affidavit is provided to the System in
accordance with Section 393 of Title 58 of the Oklahoma Statutes, or
to the member's or beneficiary'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 or beneficiary died.
H. If the requirements of Section 50-114.4 of this title are
satisfied, a member who, by reason of attainment of normal retirement
date or age, is separated from service as a public safety officer
with the member's participating municipality, may elect to have
payment made directly to the provider for qualified health insurance
premiums by deduction from his or her monthly pension payment, after
December 31, 2006, in accordance with Section 402(l) of the Internal
Revenue Code of 1986, as amended.
Added by Laws 1977, c. 256, § 50-114, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 19, eff. Jan. 1, 1981; Laws 1985, c. 221, § 6,
emerg. eff. July 8, 1985; Laws 1988, c. 267, § 11, operative July 1,
1988; Laws 1993, c. 352, § 5, eff. July 1, 1993; Laws 1997, c. 363, §
2, emerg. eff. June 11, 1997; Laws 1998, c. 419, § 2, eff. July 1,
1998; Laws 1999, c. 257, § 2, eff. July 1, 1999; Laws 2000, c. 287, §
7, eff. July 1, 2000; Laws 2001, c. 183, § 5, emerg. eff. May 2,
2001; Laws 2003, c. 137, § 6, emerg. eff. April 25, 2003; Laws 2005,
c. 137, § 2, emerg. eff. May 3, 2005; Laws 2007, c. 152, § 2, eff.
July 1, 2007; Laws 2009, c. 169, § 2, emerg. eff. May 11, 2009; Laws
2010, c. 437, § 3, emerg. eff. June 9, 2010; Laws 2011, c. 140, § 1,
emerg. eff. April 29, 2011; Laws 2019, c. 346, § 5, eff. July 1,
2019.
§11-50-114.1. Limitations on benefits and contribution under
qualified plans of the Internal Revenue Code of 1986.
A. For limitation years prior to July 1, 2007, the limitations
of Section 415 of the Internal Revenue Code of 1986, as amended,
shall be computed in accordance with the applicable provisions of the
System in effect at that time and, to the extent applicable, Revenue
Ruling 98-1 and Revenue Ruling 2001-51, except as provided below.
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Notwithstanding any other provision contained herein to the contrary,
the benefits payable to a member from the System provided by employer
contributions (including contributions picked up by the employer
under Section 414(h) of the Internal Revenue Code of 1986, as
amended) shall be subject to the limitations of Section 415 of the
Internal Revenue Code of 1986, as amended, in accordance with the
provisions of this section and subsequent guidance. The limitations
of this section shall apply in limitation years beginning on or after
July 1, 2007, except as otherwise provided below.
B. Except as provided below, effective for limitation years
ending after December 31, 2001, any accrued retirement benefit
payable to a member as an annual benefit as described below shall not
exceed One Hundred Sixty Thousand Dollars ($160,000.00),
automatically adjusted under Section 415(d) of the Internal Revenue
Code of 1986, as amended, for increases in the cost of living, as
prescribed by the Secretary of the Treasury or the Secretary's
delegate, effective January 1 of each calendar year and applicable to
the limitation year ending with or within such calendar year. The
automatic annual adjustment of the dollar limitation in this
subsection under Section 415(d) of the Internal Revenue Code of 1986,
as amended, shall apply to a member who has had a severance from
employment.
1. The member's annual benefit is a benefit that is payable
annually in the form of a straight life annuity. Except as provided
below, where a benefit is payable in a form other than a straight
life annuity, the benefit shall be adjusted to an actuarially
equivalent straight life annuity that begins at the same time as such
other form of benefit and is payable on the first day of each month,
before applying the limitations of this section. For a member who
has or will have distributions commencing at more than one annuity
starting date, the annual benefit shall be determined as of each such
annuity starting date (and shall satisfy the limitations of this
section as of each such date), actuarially adjusting for past and
future distributions of benefits commencing at the other annuity
starting dates. For this purpose, the determination of whether a new
starting date has occurred shall be made without regard to Section
1.401(a)-20, Q&A 10(d), and with regard to Section 1.415(b)-1(b)(1)
(iii)(B) and (C) of the Income Tax Regulations.
2. No actuarial adjustment to the benefit shall be made for:
a. survivor benefits payable to a surviving spouse under a
qualified joint and survivor annuity to the extent such
benefits would not be payable if the member's benefit
were paid in another form,
b. benefits that are not directly related to retirement
benefits (such as a qualified disability benefit,
preretirement incidental death benefits, and
postretirement medical benefits), or
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c. the inclusion in the form of benefit of an automatic
benefit increase feature, provided the form of benefit
is not subject to Section 417(e)(3) of the Internal
Revenue Code of 1986, as amended, and would otherwise
satisfy the limitations of this section, and the System
provides that the amount payable under the form of
benefit in any limitation year shall not exceed the
limits of this section applicable at the annuity
starting date, as increased in subsequent years
pursuant to Section 415(d) of the Internal Revenue Code
of 1986, as amended. For this purpose, an automatic
benefit increase feature is included in a form of
benefit if the form of benefit provides for automatic,
periodic increases to the benefits paid in that form.
3. The determination of the annual benefit shall take into
account Social Security supplements described in Section 411(a)(9) of
the Internal Revenue Code of 1986, as amended, and benefits
transferred from another defined benefit plan, other than transfers
of distributable benefits pursuant to Section 1.411(d)-4, Q&A-3(c),
of the Income Tax Regulations, but shall disregard benefits
attributable to employee contributions or rollover contributions.
4. Effective for distributions in plan years beginning after
December 31, 2003, the determination of actuarial equivalence of
forms of benefit other than a straight life annuity shall be made in
accordance with paragraph 5 or paragraph 6 of this subsection.
5. Benefit Forms Not Subject to Section 417(e)(3) of the
Internal Revenue Code of 1986, as amended: The straight life annuity
that is actuarially equivalent to the member's form of benefit shall
be determined under this paragraph 5 if the form of the member's
benefit is either:
a. a nondecreasing annuity (other than a straight life
annuity) payable for a period of not less than the life
of the member (or, in the case of a qualified
preretirement survivor annuity, the life of the
surviving spouse), or
b. an annuity that decreases during the life of the member
merely because of:
(1) the death of the survivor annuitant (but only if
the reduction is not below fifty percent (50%) of
the benefit payable before the death of the
survivor annuitant), or
(2) the cessation or reduction of Social Security
supplements or qualified disability payments (as
defined in Section 411(a)(9) of the Internal
Revenue Code of 1986, as amended).
c. Limitation Years Beginning Before July 1, 2007. For
limitation years beginning before July 1, 2007, the
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actuarially equivalent straight life annuity is equal
to the annual amount of the straight life annuity
commencing at the same annuity starting date that has
the same actuarial present value as the member's form
of benefit computed using whichever of the following
produces the greater annual amount:
(1) the interest rate and the mortality table (or
other tabular factor), each as set forth in
subsection G of Section 50-105.4 of this title for
adjusting benefits in the same form, and
(2) a five percent (5%) interest rate assumption and
the applicable mortality table described in Rev.
Rul. 2001-62 (or its successor for these purposes,
if applicable) for that annuity starting date.
d. Limitation Year Beginning On January 1, 2008. For the
limitation year beginning on January 1, 2008, the
actuarially equivalent straight life annuity is equal
to the greater of:
(1) the annual amount of the straight life annuity (if
any) payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table described in Rev. Rul.
2001-62 (or its successor for these purposes, if
applicable) for that annuity starting date.
e. Limitation Years Beginning On or After July 1, 2008.
For limitation years beginning on or after July 1,
2008, the actuarially equivalent straight life annuity
is equal to the greater of:
(1) the annual amount of the straight life annuity (if
any) payable to the member under the System
commencing at the same annuity starting date as
the member's form of benefit, and
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
percent (5%) interest rate assumption and the
applicable mortality table within the meaning of
Section 417(e)(3)(B) of the Internal Revenue Code
of 1986, as amended, as described in Rev. Rul.
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2007-67 (and subsequent guidance) for that annuity
starting date.
6. Benefit Forms Subject to Section 417(e)(3) of the Internal
Revenue Code of 1986, as amended: The straight life annuity that is
actuarially equivalent to the member's form of benefit shall be
determined under this paragraph 6 if the form of the member's benefit
is other than a benefit form described in paragraph 5 of this
subsection. In this case, the actuarially equivalent straight life
annuity shall be determined as follows:
a. Annuity Starting Date on or after January 1, 2009. If
the annuity starting date of the member's form of
benefit is in the period beginning on January 1, 2009,
through June 30, 2009, or in a plan year beginning
after June 30, 2009, the actuarially equivalent
straight life annuity is equal to the greatest of (1),
(2) and (3) below:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table (or other
tabular factor) as set forth in the most recent
actuarial valuation referenced in subsection G of
Section 50-105.4 of this title prior to September
1, 2011, and effective September 1, 2011, in
paragraph 22 of Section 50-101 of this title, for
adjusting benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
within the meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as
described in Rev. Rul. 2007-67 (and subsequent
guidance), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the applicable interest rate under Section
417(e)(3) of the Internal Revenue Code of
1986, as amended, (and subsequent guidance),
for the fourth calendar month preceding the
plan year in which falls the annuity starting
date for the distribution and the stability
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period is the successive period of one (1)
plan year which contains the annuity starting
date for the distribution and for which the
applicable interest rate remains constant, or
as otherwise provided in the applicable
guidance if the first day of the first plan
year beginning after December 31, 2007, does
not coincide with the first day of the
applicable stability period, and
(b) the applicable mortality table within the
meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as
described in Rev. Rul. 2007-67 (and
subsequent guidance),
divided by one and five one-hundredths (1.05).
b. Annuity Starting Date in the Period Beginning on July
1, 2008 through December 31, 2008. If the annuity
starting date of the member's form of benefit is in the
period beginning on July 1, 2008, through December 31,
2008, the actuarially equivalent straight life annuity
is equal to the greatest of (1), (2) and (3) below:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table (or other
tabular factor) each as set forth in subsection G
of Section 50-105.4 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
described in Rev. Rul. 2001-62 (or its successor
for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the adjusted first, second, and third segment
rates under Section 417(e)(3)(C) and (D) of
the Internal Revenue Code of 1986, as
amended, applied under rules similar to the
rules of Section 430(h)(2)(C) of the Internal
Revenue Code of 1986, as amended, for the
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fourth calendar month preceding the plan year
in which falls the annuity starting date for
the distribution and the stability period is
the successive period of one (1) plan year
which contains the annuity starting date for
the distribution and for which the applicable
interest rate remains constant, or as
otherwise provided in the applicable guidance
if the first day of the first plan year
beginning after December 31, 2007, does not
coincide with the first day of the applicable
stability period, and
(b) the applicable mortality table described in
Rev. Rul. 2001-62 (or its successor for these
purposes, if applicable),
divided by one and five one-hundredths (1.05).
c. Annuity Starting Date in Plan Years Beginning in 2006
or 2007. If the annuity starting date of the member's
form of benefit is in a Plan Year beginning in 2006 or
2007, the actuarially equivalent straight life annuity
is equal to the greatest of (1), (2) and (3) below:
(1) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using the
interest rate and the mortality table (or other
tabular factor) each as set forth in subsection G
of Section 50-105.4 of this title for adjusting
benefits in the same form,
(2) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using a five
and one-half percent (5.5%) interest rate
assumption and the applicable mortality table
described in Rev. Rul. 2001-62 (or its successor
for these purposes, if applicable), and
(3) the annual amount of the straight life annuity
commencing at the same annuity starting date that
has the same actuarial present value as the
member's form of benefit, computed using:
(a) the rate of interest on thirty-year Treasury
securities as specified by the Commissioner
for the lookback month for the stability
period specified below. The lookback month
applicable to the stability period is the
fourth calendar month preceding the first day
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of the stability period, as specified below.
The stability period is the successive period
of one (1) plan year which contains the
annuity starting date for the distribution
and for which the applicable interest rate
remains constant, and
(b) the applicable mortality table described in
Rev. Rul. 2001-62 (or its successor for these
purposes, if applicable),
divided by one and five one-hundredths (1.05).
d. Annuity Starting Date in Plan Years Beginning in 2004
or 2005:
(1) If the annuity starting date of the member's form
of benefit is in a plan year beginning in 2004 or
2005, the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following produces
the greater annual amount:
(a) the interest rate and the mortality table (or
other tabular factor) each as set forth in
subsection G of Section 50-105.4 of this
title for adjusting benefits in the same
form, and
(b) a five and one-half percent (5.5%) interest
rate assumption and the applicable mortality
table described in Rev. Rul. 2001-62 (or its
successor for these purposes, if applicable).
(2) If the annuity starting date of the member's
benefit is on or after the first day of the first
plan year beginning in 2004 and before December
31, 2004, the application of this subparagraph
shall not cause the amount payable under the
member's form of benefit to be less than the
benefit calculated under the System, taking into
account the limitations of this section, except
that the actuarially equivalent straight life
annuity is equal to the annual amount of the
straight life annuity commencing at the same
annuity starting date that has the same actuarial
present value as the member's form of benefit,
computed using whichever of the following produces
the greatest annual amount:
(a) the interest rate and mortality table (or
other tabular factor) each as set forth in
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subsection G of Section 50-105.4 of this
title for adjusting benefits in the same
form,
(b) (i) the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified below.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified below.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for
the distribution and for which the
applicable interest rate remains
constant, and
(ii) the applicable mortality table described
in Rev. Rul. 2001-62 (or its successor
for these purposes, if applicable), and
(c) (i) the rate of interest on thirty-year
Treasury securities as specified by the
Commissioner for the lookback month for
the stability period specified below.
The lookback month applicable to the
stability period is the fourth calendar
month preceding the first day of the
stability period, as specified below.
The stability period is the successive
period of one (1) plan year which
contains the annuity starting date for
the distribution and for which the
applicable interest rate remains
constant (as in effect on the last day
of the last plan year beginning before
January 1, 2004, under provisions of the
System then adopted and in effect), and
(ii) the applicable mortality table described
in Rev. Rul. 2001-62 (or its successor
for these purposes, if applicable).
C. If a member has less than ten (10) years of participation in
the System and all predecessor municipal police pension and
retirement systems, the dollar limitation otherwise applicable under
subsection B of this section shall be multiplied by a fraction, the
numerator of which is the number of the years of participation, or
part thereof, in the System of the member, but never less than one
(1), and the denominator of which is ten (10).
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D. Adjustment of Dollar Limitation for Benefit Commencement
Before Age Sixty-two (62) or After Age Sixty-five (65): Effective
for benefits commencing in limitation years ending after December 31,
2001, the dollar limitation under subsection B of this section shall
be adjusted if the annuity starting date of the member's benefit is
before age sixty-two (62) or after age sixty-five (65). If the
annuity starting date is before age sixty-two (62), the dollar
limitation under subsection B of this section shall be adjusted under
paragraph 1 of this subsection, as modified by paragraph 3 of this
subsection, but subject to paragraph 4 of this subsection. If the
annuity starting date is after age sixty-five (65), the dollar
limitation under subsection B of this section shall be adjusted under
paragraph 2 of this subsection, as modified by paragraph 3 of this
subsection.
1. Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement Before Age Sixty-two (62):
a. Limitation Years Beginning Before July 1, 2007. If the
annuity starting date for the member's benefit is prior
to age sixty-two (62) and occurs in a limitation year
beginning before July 1, 2007, the dollar limitation
for the member's annuity starting date is the annual
amount of a benefit payable in the form of a straight
life annuity commencing at the member's annuity
starting date that is the actuarial equivalent of the
dollar limitation under subsection B of this section
(adjusted under subsection C of this section for years
of participation less than ten (10), if required) with
actuarial equivalence computed using whichever of the
following produces the smaller annual amount:
(1) the interest rate and the mortality table (or
other tabular factor) each as set forth in
subsection G of Section 50-105.4 of this title, or
(2) a five-percent interest rate assumption and the
applicable mortality table as described in Rev.
Rul. 2001-62 (or its successor for these purposes,
if applicable).
b. Limitation Years Beginning On or After July 1, 2007.
(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Age Sixty-
two (62) and the Age of Benefit Commencement.
(a) If the annuity starting date for the member's
benefit is prior to age sixty-two (62) and
occurs in the limitation year beginning on
January 1, 2008, and the System does not have
an immediately commencing straight life
annuity payable at both age sixty-two (62)
and the age of benefit commencement, the
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dollar limitation for the member's annuity
starting date is the annual amount of a
benefit payable in the form of a straight
life annuity commencing at the member's
annuity starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence computed
using a five-percent interest rate assumption
and the applicable mortality table for the
annuity starting date as described in Rev.
Rul. 2001-62 (or its successor for these
purposes, if applicable) (and expressing the
member's age based on completed calendar
months as of the annuity starting date).
(b) If the annuity starting date for the member's
benefit is prior to age sixty-two (62) and
occurs in a limitation year beginning on or
after January 1, 2009, and the System does
not have an immediately commencing straight
life annuity payable at both age sixty-two
(62) and the age of benefit commencement, the
dollar limitation for the member's annuity
starting date is the annual amount of a
benefit payable in the form of a straight
life annuity commencing at the member's
annuity starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence computed
using a five-percent interest rate assumption
and the applicable mortality table within the
meaning of Section 417(e)(3)(B) of the
Internal Revenue Code of 1986, as amended, as
described in Rev. Rul. 2007-67 (and
subsequent guidance) (and expressing the
member's age based on completed calendar
months as of the annuity starting date).
(2) System Has Immediately Commencing Straight Life
Annuity Payable at Both Age Sixty-two (62) and the
Age of Benefit Commencement. If the annuity
starting date for the member's benefit is prior to
age sixty-two (62) and occurs in a limitation year
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beginning on or after July 1, 2007, and the System
has an immediately commencing straight life
annuity payable at both age sixty-two (62) and the
age of benefit commencement, the dollar limitation
for the member's annuity starting date is the
lesser of the limitation determined under division
(1) of subparagraph b of this paragraph and the
dollar limitation under subsection B of this
section (adjusted under subsection C of this
section for years of participation less than ten
(10), if required) multiplied by the ratio of the
annual amount of the immediately commencing
straight life annuity under the System at the
member's annuity starting date to the annual
amount of the immediately commencing straight life
annuity under the System at age sixty-two (62),
both determined without applying the limitations
of this section.
(3) Effective for limitation years commencing on or
after January 1, 2014, notwithstanding any other
provision of paragraph 1 of this subsection, the
age-adjusted dollar limit applicable to a member
shall not decrease on account of an increase in
age or the performance of additional services.
2. Adjustment of Defined Benefit Dollar Limitation for Benefit
Commencement After Age Sixty-five (65):
a. Limitation Years Beginning Before July 1, 2007. If the
annuity starting date for the member's benefit is after
age sixty-five (65) and occurs in a limitation year
beginning before July 1, 2007, the dollar limitation
for the member's annuity starting date is the annual
amount of a benefit payable in the form of a straight
life annuity commencing at the member's annuity
starting date that is the actuarial equivalent of the
dollar limitation under subsection B of this section
(adjusted under subsection C of this section for years
of participation less than ten (10), if required) with
actuarial equivalence computed using whichever of the
following produces the smaller annual amount:
(1) the interest rate and the mortality table (or
other tabular factor) each as set forth in
subsection G of Section 50-105.4 of this title, or
(2) a five-percent interest rate assumption and the
applicable mortality table as described in Rev.
Rul. 2001-62 (or its successor for these purposes,
if applicable).
b. Limitation Years Beginning On or After July 1, 2007.
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(1) System Does Not Have Immediately Commencing
Straight Life Annuity Payable at Both Age Sixty-
five (65) and the Age of Benefit Commencement.
(a) If the annuity starting date for the member's
benefit is after age sixty-five (65) and
occurs in the limitation year beginning on
January 1, 2008, and the System does not have
an immediately commencing straight life
annuity payable at both age sixty-five (65)
and the age of benefit commencement, the
dollar limitation at the member's annuity
starting date is the annual amount of a
benefit payable in the form of a straight
life annuity commencing at the member's
annuity starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence computed
using a five-percent interest rate assumption
and the applicable mortality table for the
annuity starting date as described in Rev.
Rul. 2001-62 (or its successor for these
purposes, if applicable) (and expressing the
member's age based on completed calendar
months as of the annuity starting date).
(b) If the annuity starting date for the member's
benefit is after age sixty-five (65) and
occurs in a limitation year beginning on or
after January 1, 2009, and the System does
not have an immediately commencing straight
life annuity payable at both age sixty-five
(65) and the age of benefit commencement, the
dollar limitation at the member's annuity
starting date is the annual amount of a
benefit payable in the form of a straight
life annuity commencing at the member's
annuity starting date that is the actuarial
equivalent of the dollar limitation under
subsection B of this section (adjusted under
subsection C of this section for years of
participation less than ten (10), if
required) with actuarial equivalence computed
using a five-percent interest rate assumption
and the applicable mortality table within the
meaning of Section 417(e)(3)(B) of the
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Internal Revenue Code of 1986, as amended, as
described in Rev. Rul. 2007-67 (and
subsequent guidance) (and expressing the
member's age based on completed calendar
months as of the annuity starting date).
(2) System Has Immediately Commencing Straight Life
Annuity Payable at Both Age Sixty-five (65) and
Age of Commencement. If the annuity starting date
for the member's benefit is after age sixty-five
(65) and occurs in a limitation year beginning on
or after July 1, 2007, and the System has an
immediately commencing straight life annuity
payable at both age sixty-five (65) and the age of
benefit commencement, the dollar limitation at the
member's annuity starting date is the lesser of
the limitation determined under division (1) of
subparagraph b of this paragraph and the dollar
limitation under subsection B of this section
(adjusted under subsection C of this section for
years of participation less than ten (10), if
required) multiplied by the ratio of the annual
amount of the adjusted immediately commencing
straight life annuity under the System at the
member's annuity starting date to the annual
amount of the adjusted immediately commencing
straight life annuity under the System at age
sixty-five (65), both determined without applying
the limitations of this section. For this
purpose, the adjusted immediately commencing
straight life annuity under the System at the
member's annuity starting date is the annual
amount of such annuity payable to the member,
computed disregarding the member's accruals after
age sixty-five (65) but including actuarial
adjustments even if those actuarial adjustments
are used to offset accruals; and the adjusted
immediately commencing straight life annuity under
the System at age sixty-five (65) is the annual
amount of such annuity that would be payable under
the System to a hypothetical member who is age
sixty-five (65) and has the same accrued benefit
as the member.
3. Notwithstanding the other requirements of this subsection, no
adjustment shall be made to the dollar limitation under subsection B
of this section to reflect the probability of a member's death
between the annuity starting date and age sixty-two (62), or between
age sixty-five (65) and the annuity starting date, as applicable, if
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benefits are not forfeited upon the death of the member prior to the
annuity starting date. To the extent benefits are forfeited upon
death before the annuity starting date, such an adjustment shall be
made. For this purpose, no forfeiture shall be treated as occurring
upon the member's death if the System does not charge members for
providing a qualified preretirement survivor annuity, as defined in
Section 417(c) of the Internal Revenue Code of 1986, as amended, upon
the member's death.
4. Notwithstanding any other provision to the contrary, for
limitation years beginning on or after January 1, 1997, if payment
begins before the member reaches age sixty-two (62), the reductions
in the limitations in this subsection shall not apply to a member who
is a "qualified participant" as defined in Section 415(b)(2)(H) of
the Internal Revenue Code of 1986, as amended.
E. Minimum Benefit Permitted: Notwithstanding anything else in
this section to the contrary, the benefit otherwise accrued or
payable to a member under this System shall be deemed not to exceed
the maximum permissible benefit if:
1. The retirement benefits payable for a limitation year under
any form of benefit with respect to such member under this System and
under all other defined benefit plans (without regard to whether a
plan has been terminated) ever maintained by a participating
municipality do not exceed Ten Thousand Dollars ($10,000.00)
multiplied by a fraction:
a. the numerator of which is the member's number of
credited years (or part thereof, but not less than one
(1) year) of service (not to exceed ten (10) years)
with the participating municipality, and
b. the denominator of which is ten (10); and
2. The participating municipality (or a predecessor employer)
has not at any time maintained a defined contribution plan in which
the member participated (for this purpose, mandatory employee
contributions under a defined benefit plan, individual medical
accounts under Section 401(h) of the Internal Revenue Code of 1986,
as amended, and accounts for postretirement medical benefits
established under Section 419A(d)(1) of the Internal Revenue Code of
1986, as amended, are not considered a separate defined contribution
plan).
F. In no event shall the maximum annual accrued retirement
benefit of a member allowable under this section be less than the
annual amount of such accrued retirement benefit, including early
pension and qualified joint and survivor annuity amounts, duly
accrued by the member as of the last day of the limitation year
beginning in 1982, or as of the last day of the limitation year
beginning in 1986, whichever is greater, disregarding any plan
changes or cost-of-living adjustments occurring after July 1, 1982,
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as to the 1982 accrued amount, and May 5, 1986, as to the 1986
accrued amount.
G. If a member purchases service credit under the System, which
qualifies as "permissive service credit" pursuant to Section 415(n)
of the Internal Revenue Code of 1986, as amended, the limitations of
Section 415 of the Internal Revenue Code of 1986, as amended, may be
met by either:
1. Treating the accrued benefit derived from such contributions
as an annual benefit under subsection B of this section; or
2. Treating all such contributions as annual additions for
purposes of Section 415(c) of the Internal Revenue Code of 1986, as
amended.
H. If a member repays to the System any amounts refunded from
the System because of such member's prior termination or any other
amount which qualifies as a repayment under Section 415(k)(3) of the
Internal Revenue Code of 1986, as amended, such repayment shall not
be taken into account for purposes of Section 415 of the Internal
Revenue Code of 1986, as amended, pursuant to Section 415(k)(3) of
the Internal Revenue Code of 1986, as amended.
I. For limitation years beginning on or after January 1, 1995,
subsection C of this section, paragraph 1 of subsection D of this
section, and the proration provided under subparagraphs a and b of
paragraph 1 of subsection E of this section shall not apply to a
benefit paid under the System as the result of the member becoming
disabled by reason of personal injuries or sickness, or amounts
received by the beneficiaries, survivors or estate of the member as
the result of the death of the member.
J. For distributions made in limitation years beginning on or
after January 1, 2000, the combined limit of repealed Section 415(e)
of the Internal Revenue Code of 1986, as amended, shall not apply.
K. The State Board is hereby authorized to revoke the special
election previously made on June 19, 1991, under Section 415(b)(10)
of the Internal Revenue Code of 1986, as amended.
L. All benefits payable from the Oklahoma Police Pension and
Retirement System, including payments from the deferred option plans
under Section 50-111.3 of this title, shall be paid from the general
assets of the Fund pursuant to subsection B of Section 50-105.6 of
this title.
Added by Laws 1988, c. 267, § 12, operative July 1, 1988. Amended by
Laws 1991, c. 323, § 3, emerg. eff. June 12, 1991; Laws 1999, c. 257,
§ 3, eff. July 1, 1999; Laws 2000, c. 287, § 8, eff. July 1, 2000;
Laws 2003, c. 137, § 7, emerg. eff. April 25, 2003; Laws 2004, c.
551, § 5, emerg. eff. June 9, 2004; Laws 2008, c. 177, § 5, eff. July
1, 2008; Laws 2009, c. 169, § 3, emerg. eff. May 11, 2009; Laws 2010,
c. 437, § 4, emerg. eff. June 9, 2010; Laws 2011, c. 140, § 2, emerg.
eff. April 29, 2011; Laws 2012, c. 53, § 3, emerg. eff. April 16,
2012; Laws 2012, c. 364, § 10; Laws 2013, c. 241, § 2, emerg. eff.
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May 13, 2013; Laws 2014, c. 44, § 3, emerg. eff. April 15, 2014; Laws
2018, c. 20, § 3, eff. Nov. 1, 2018.
§11-50-114.2. Direct rollover distributions.
A. This section applies to distributions made on or after
January 1, 2002. Notwithstanding any provision of the Oklahoma
Police Pension and Retirement System to the contrary that would
otherwise limit a Distributee's election hereunder, a Distributee,
including a nonspouse designated beneficiary, to the extent permitted
under paragraph 3 of subsection B of this section, may elect, at the
time and in the manner prescribed by the Oklahoma Police Pension and
Retirement Board, to have any portion of an Eligible Rollover
Distribution paid directly to an Eligible Retirement Plan specified
by the Distributee in a Direct Rollover.
B. For purposes of this section, the following definitions shall
apply:
1. "Eligible Rollover Distribution" means any distribution of
all or any portion of the balance to the credit of the Distributee,
except that an Eligible Rollover Distribution does not include: any
distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or
life expectancy) of the Distributee or the joint lives (or life
expectancies) of the Distributee and the Distributee's designated
beneficiary, or for a specified period of ten (10) years or more; any
distribution to the extent such distribution is required under
Section 401(a)(9) of the Internal Revenue Code of 1986, as amended;
and the portion of any distribution that is not includable in gross
income. A portion of a distribution shall not fail to be an Eligible
Rollover Distribution merely because the portion consists of after-
tax member contributions which are not includable in gross income.
However, such portion may be transferred only:
a. from January 1, 2002, through December 31, 2006:
(1) to an individual retirement account or annuity
described in Section 408(a) or (b) of the Internal
Revenue Code of 1986, as amended, or
(2) in a direct trustee-to-trustee transfer, to a
qualified trust which is part of a defined
contribution plan that agrees to separately
account for amounts so transferred, including
separately accounting for the portion of such
distribution which is includable in gross income
and the portion of such distribution which is not
so includable, and
b. on or after January 1, 2007:
(1) to an individual retirement account or annuity
described in Section 408(a) or (b) of the Internal
Revenue Code of 1986, as amended, or
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(2) in a direct trustee-to-trustee transfer, to a
qualified trust or an annuity contract described
in Section 403(b) of the Internal Revenue Code of
1986, as amended, and such trust or contract
provides for separate accounting for amounts so
transferred (and earnings thereon), including
separately accounting for the portion of such
distribution which is includable in gross income
and the portion of such distribution which is not
so includable.
Effective for distributions after December 31, 2007, such after-
tax portion may also be directly transferred to a Roth individual
retirement account or annuity, described in Section 408A of the
Internal Revenue Code of 1986, as amended (Roth IRA), subject to any
limitations described in Section 408A(c) of the Internal Revenue Code
of 1986, as amended.
Notwithstanding the foregoing, effective January 1, 2009, to the
extent applicable, if all or a portion of a distribution from the
Oklahoma Police Deferred Option Plan during 2009 is treated as an
Eligible Rollover Distribution pursuant to Section 402(c)(4) of the
Internal Revenue Code of 1986, as amended, but would not be so
treated if the minimum distribution requirements under Section 401(a)
(9) of the Internal Revenue Code of 1986, as amended, had applied
during 2009, such distribution shall not be treated as an Eligible
Rollover Distribution for purposes of Section 401(a)(31), Section
3405(c) or Section 402(f) of the Internal Revenue Code of 1986, as
amended;
2. "Eligible Retirement Plan" means an individual retirement
account described in Section 408(a) of the Internal Revenue Code of
1986, as amended, an individual retirement annuity described in
Section 408(b) of the Internal Revenue Code of 1986, as amended, an
annuity plan described in Section 403(a) of the Internal Revenue Code
of 1986, as amended, or a qualified trust described in Section 401(a)
of the Internal Revenue Code of 1986, as amended, that accepts the
Distributee's Eligible Rollover Distribution. Effective January 1,
2002, an Eligible Retirement Plan shall also mean an annuity contract
described in Section 403(b) of the Internal Revenue Code of 1986, as
amended, and an eligible plan under Section 457(b) of the Internal
Revenue Code of 1986, as amended, which is maintained by a state,
political subdivision of a state, or any agency or instrumentality of
a state or political subdivision of a state and which agrees to
separately account for amounts transferred into such plan from the
System. Effective for distributions after December 31, 2007, an
Eligible Retirement Plan includes a Roth IRA, subject to any
limitations under Section 408A(c) of the Internal Revenue Code of
1986, as amended. Effective for distributions after December 18,
2015, an Eligible Retirement Plan includes a SIMPLE IRA in accordance
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with Section 408(p)(1)(B) of the Internal Revenue Code of 1986, as
amended, for purposes of a rollover contribution to such SIMPLE IRA,
but only if such rollover contribution is made after December 18,
2015, and only if such rollover contribution occurs after the two-
year period described in Section 72(t)(6) of the Internal Revenue
Code of 1986, as amended;
3. "Distributee" means an employee or former employee. In
addition, the employee's or former employee's surviving spouse and
the employee's or former employee's spouse or former spouse who is
the alternate payee under a qualified domestic order, as defined in
subsection B of Section 50-124 of this title, are Distributees with
regard to the interest of the spouse or the former spouse. A
Distributee also includes the member's nonspouse designated
beneficiary (and certain trusts described in Section 402(c)(11)(B) of
the Internal Revenue Code of 1986, as amended), pursuant to Section
401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, who
may elect any portion of a payment to be made in a Direct Rollover
only to an individual retirement account or annuity (other than an
endowment contract) described in Section 408(a) or (b) of the
Internal Revenue Code of 1986, as amended, (IRA) (including,
effective for distributions after December 18, 2015, a SIMPLE IRA but
only if such contribution occurs after the two-year period described
in Section 72(t)(6) of the Internal Revenue Code, as amended, and is
made in accordance with the Protecting Americans from Tax Hikes Act
of 2015), or, effective for distributions after December 31, 2007, to
a Roth IRA, that is established on behalf of such nonspouse
designated beneficiary for the purpose of receiving the distribution
and that will be treated as an inherited IRA pursuant to the
provisions of Section 402(c)(11) of the Internal Revenue Code of
1986, as amended. Also, in this case, the determination of any
required minimum distribution under Section 401(a)(9) of the Internal
Revenue Code of 1986, as amended, that is ineligible for rollover
shall be made in accordance with Notice 2007-7, Q&A 17 and 18, 2007-5
I.R.B. 395. The required minimum distribution rules of Section
401(a)(9)(B) (other than clause iv thereof) of the Internal Revenue
Code of 1986, as amended, apply to the transferee IRA; and
4. "Direct Rollover" means a payment by the System to the
Eligible Retirement Plan specified by the Distributee.
C. At least thirty (30) days before and, effective for years
beginning after December 31, 2006, not more than one hundred eighty
(180) days before the date of distribution, the Distributee (other
than a nonspouse designated beneficiary prior to July 1, 2010) must
be provided with a notice of rights which satisfies Section 402(f) of
the Internal Revenue Code of 1986, as amended, as to rollover options
and tax effects. Such distribution may commence less than thirty
(30) days after the notice is given, provided that:
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1. The Oklahoma Police Pension and Retirement Board clearly
informs the Distributee that the Distributee has a right to a period
of at least thirty (30) days after receiving the notice to consider
the decision of whether or not to elect a distribution; and
2. The Distributee, after receiving the notice, affirmatively
elects a distribution.
D. For distributions made after December 31, 2006, but prior to
July 1, 2010, a distribution with respect to a nonspouse designated
beneficiary shall be made in accordance with Notice 2007-7, Q&A 15,
2007-5 Internal Revenue Bulletin 395. Effective for plan years
beginning after December 31, 2009, a distribution with respect to a
nonspouse designated beneficiary shall be subject to Sections 401(a)
(31), 402(f), and 3405(c) of the Internal Revenue Code of 1986, as
amended.
E. Effective for distributions after December 31, 2014, for
purposes of determining the portion of a disbursement of benefits
from the System to a Distributee that is not includible in gross
income under Section 72 of the Internal Revenue Code of 1986, as
amended, the guidance under I.R.S. Notice 2014-54 shall be followed.
Added by Laws 1999, c. 257, § 4, eff. July 1, 1999. Amended by Laws
2000, c. 287, § 9, eff. July 1, 2000; Laws 2003, c. 137, § 8, emerg.
eff. April 25, 2003; Laws 2007, c. 152, § 3, eff. July 1, 2007; Laws
2008, c. 177, § 6, eff. July 1, 2008; Laws 2010, c. 437, § 5, emerg.
eff. June 9, 2010; Laws 2011, c. 140, § 3, emerg. eff. April 29,
2011; Laws 2012, c. 53, § 4, emerg. eff. April 16, 2012; Laws 2015,
c. 23, § 2, emerg. eff. April 7, 2015; Laws 2017, c. 132, § 1, emerg.
eff. May 1, 2017; Laws 2018, c. 20, § 4, eff. Nov. 1, 2018.
§11-50-114.3. Trustee-to-trustee transfer - Treatment of trust -
Rules.
A. An individual who has been designated, pursuant to Section
401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, as the
beneficiary of a deceased member and who is not the surviving spouse
of the member, may elect, in accordance with Section 402(c)(11) of
the Internal Revenue Code of 1986, as amended, to have a direct
trustee-to-trustee transfer of any portion of such beneficiary's
distribution from the System made only to an individual retirement
account or individual retirement annuity (other than an endowment
contract) described in Section 408(a) or (b) of the Internal Revenue
Code of 1986, as amended (IRA) (including, effective for
distributions after December 18, 2015, a SIMPLE IRA but only if such
contribution occurs after the two-year period described in Section
72(t)(6) of the Internal Revenue Code of 1986, as amended, and is
made in accordance with the Protecting Americans from Tax Hikes Act
of 2015), or, effective for distributions after December 31, 2007, to
a Roth individual retirement account or annuity described in Section
408A of the Internal Revenue Code of 1986, as amended (Roth IRA),
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that is established on behalf of such designated individual for the
purpose of receiving the distribution. If such transfer is made,
then:
1. For distributions made after December 31, 2006, but prior to
July 1, 2010, the transfer is treated as an eligible rollover
distribution for purposes of Section 402(c)(11) of the Internal
Revenue Code of 1986, as amended. For plan years beginning after
December 31, 2009, the transfer is treated as an eligible rollover
distribution;
2. The transferee IRA is treated as an inherited individual
retirement account or an inherited individual retirement annuity
(within the meaning of Section 408(d)(3)(C) of the Internal Revenue
Code of 1986, as amended), and must be titled in the name of the
deceased member, for the benefit of the beneficiary; and
3. The required minimum distribution rules of Section 401(a)(9)
(B) (other than clause iv thereof) of the Internal Revenue Code of
1986, as amended, apply to the transferee IRA.
B. A trust maintained for the benefit of one or more designated
beneficiaries shall be treated in the same manner as a designated
beneficiary.
C. The State Board shall promulgate such rules as are necessary
to implement the provisions of this section.
Added by Laws 2007, c. 152, § 4, eff. July 1, 2007. Amended by Laws
2009, c. 169, § 4, emerg. eff. May 11, 2009; Laws 2010, c. 437, § 6,
emerg. eff. June 9, 2010; Laws 2011, c. 140, § 4, emerg. eff. April
29, 2011; Laws 2012, c. 53, § 5, emerg. eff. April 16, 2012; Laws
2017, c. 132, § 2, emerg. eff. May 1, 2017; Laws 2018, c. 20, § 5,
eff. Nov. 1, 2018.
§11-50-114.4. Direct payments for qualified health insurance
premiums - Definitions - Rules.
A. A member who is an eligible retired public safety officer and
who wishes to have direct payments made toward the member's qualified
health insurance premiums from the member's monthly disability
benefit or monthly pension payment must make a written election in
accordance with Section 402(l) of the Internal Revenue Code of 1986,
as amended, on the form provided by the System, as follows:
1. The election must be made after the member separates from
service as a public safety officer with the member's participating
municipality;
2. The election shall only apply to distributions from the
System after December 31, 2006, and to amounts not yet distributed to
the eligible retired public safety officer;
3. Direct payments for an eligible retired public safety
officer's qualified health insurance premiums can only be made from
the member's monthly disability benefit or monthly pension payment
from the System and cannot be made from the Deferred Option Plan; and
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4. The aggregate amount of the exclusion from an eligible
retired public safety officer's gross income is Three Thousand
Dollars ($3,000.00) per calendar year.
B. As used in this section:
1. A "public safety officer" is a member serving a public agency
in an official capacity, with or without compensation, as a law
enforcement officer, firefighter, chaplain, or as a member of a
rescue squad or ambulance crew;
2. An "eligible retired public safety officer" is a member who,
by reason of disability or attainment of normal retirement date or
age, is separated from service as a public safety officer with the
member's participating municipality; and
3. "Qualified health insurance premiums" are for coverage for
the eligible retired public safety officer, the eligible retired
public safety officer's spouse, and dependents, as defined in Section
152 of the Internal Revenue Code of 1986, as amended, by an accident
or health plan or a qualified long-term care insurance contract, as
defined in Section 7702B(b) of the Internal Revenue Code of 1986, as
amended. The health plan does not have to be sponsored by the
eligible retired public safety officer's former participating
municipality.
C. The State Board shall promulgate such rules as are necessary
to implement the provisions of this section.
Added by Laws 2007, c. 152, § 5, eff. July 1, 2007. Amended by Laws
2013, c. 241, § 3, emerg. eff. May 13, 2013.
§11-50-115. Disability benefit - Eligibility - Award - Evidence of
disability - Continuance of salary - Exposure to hazardous substances
- Health insurance payments.
A. The State Board is authorized to pay a disability benefit to
a member of the System or a pension to the beneficiaries of such
member eligible as hereinafter provided, not exceeding the accrued
retirement benefit of the member, except as otherwise provided in
this article. Such disability benefit shall be payable immediately
upon determination of eligibility. Any preexisting condition
identified at the time of any initial or subsequent membership shall
be used to offset the percentage of impairment to the whole person in
determining any disability benefit. Once the initial disability
benefit has been awarded by the Board on the basis of the percentage
of impairment to the whole person, the member shall have no further
recourse to increase the awarded percentage of impairment.
B. In order for any member to be eligible for any disability
benefit, or the member's beneficiaries to be eligible for a pension,
the member must have complied with any agreement as to contributions
by the member and other members to any funds of the System where said
agreement has been made as provided by this article; and the State
Board must find:
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1. That the member incurred a permanent total disability or a
permanent partial disability or died while in, and in consequence of,
the performance of duty as an officer; or
2. That such member has served ten (10) years and incurred a
permanent total disability or a permanent partial disability or has
died from any cause.
C. In the event of the death of any member who has been awarded
a disability benefit or is eligible therefor as provided in this
article, the member's beneficiary shall be paid the benefit.
D. As of the date of determination by the State Board that a
member is physically or mentally disabled and that the disability is
permanent and partial or permanent and total as was incurred while
in, and in consequence of, the performance or duty as an officer, the
member shall be awarded a disability benefit on the basis of the
percentage of impairment to the whole person, as defined by the most
current standards of the impairment as outlined in the "American
Medical Association's Guides to the Evaluation of Permanent
Impairment," as provided in the following table:
1% to 49% impairment to whole person = 50% of the normal
disability benefit
50% to 74% impairment to whole person = 75% of the normal
disability benefit
75% to 100% impairment to whole person = 100% of the normal
disability benefit.
E. If the participating municipality denies a disabled member
the option of continuing employment instead of retiring on a
disability pension, then the burden of proof rests with the
participating municipality to show cause to the State Board that
there is no position as a sworn officer within the police department
of that municipality which the member can fill.
F. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and total and that the member has completed ten (10) years of
credited service and is disabled by any cause, the member shall
receive a disability benefit on the basis of the member's accrued
retirement benefit. A permanent and total impairment equates to one
hundred percent (100%) of accrued retirement benefit.
G. Upon determination by the State Board that a member is
physically or mentally disabled and that the disability is permanent
and partial and that the member has completed ten (10) years of
credited service as a member and is disabled from any cause, the
member shall be awarded a disability benefit on the basis of the
member's years of credited service as a member and the percentage of
impairment to the whole person, as defined by the most current
standards of the impairment as outlined in the "American Medical
Association's Guides to the Evaluation of Permanent Impairment", on
the basis of the following table:
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1% to 24% impaired = 25% of accrued retirement benefit
25% to 49% impaired = 50% of accrued retirement benefit
50% to 74% impaired = 75% of accrued retirement benefit
75% to 99% impaired = 90% of accrued retirement benefit.
H. Before making a finding as to the disability of a member, the
State Board shall require that, if the member is able, the member
shall make a certificate as to the disability which shall be
subscribed and sworn to by the member. It shall also require a
certificate as to such disability to be made by some physician
licensed to practice in this state as selected by the State Board.
The State Board may require other evidence of disability before
making the disability benefit. The salary of any such member shall
continue while the member is so necessarily confined to such hospital
bed or home and necessarily requires medical care or professional
nursing on account of such sickness or disability for a period of not
more than six (6) months, after which said period the other
provisions of this article may apply. The State Board, in making
disability benefits, shall act upon the written request of the member
or without such request, if it deem it for the good of the police
department. Any disability benefits shall cease when the member
receiving same shall be restored to active service at a salary not
less than three-fourths (3/4) of the member's average monthly salary.
I. Any member of a police department of any municipality who, in
the line of duty, has been exposed to hazardous substances, including
but not limited to chemicals used in the manufacture of a controlled
dangerous substance or chemicals resulting from the manufacture of a
controlled dangerous substance, or to blood-borne pathogens and who
is later disabled from a condition that was the result of such
exposure and that was not revealed by the physical examination passed
by the member upon entry into the System shall be presumed to have
incurred such disability while performing the officer's duties unless
the contrary is shown by competent evidence. The presumption created
by this subsection shall have no application whatever to any workers'
compensation claim or claims, and it shall not be applied or be
relied upon in any way in workers' compensation proceedings. All
compensation or benefits due to any member pursuant to the
presumption created by this subsection shall be paid solely by the
system.
J. If the requirements of Section 50-114.4 of this title are
satisfied, a member who, by reason of disability, is separated from
service as a public safety officer with the member's participating
municipality, may elect to have payment made directly to the provider
for qualified health insurance premiums by deduction from his or her
monthly disability benefit, after December 31, 2006, in accordance
with Section 402(l) of the Internal Revenue Code of 1986, as amended.
Added by Laws 1977, c. 256, § 50-115, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 20, eff. Jan. 1, 1981; Laws 1985, c. 221, § 7,
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emerg. eff. July 8, 1985; Laws 1995, c. 173, § 5, eff. July 1, 1995;
Laws 1999, c. 167, § 2, eff. July 1, 1999; Laws 2002, c. 340, § 2,
eff. July 1, 2002; Laws 2004, c. 551, § 6, emerg. eff. June 9, 2004;
Laws 2005, c. 137, § 3, emerg. eff. May 3, 2005; Laws 2007, c. 152, §
6, eff. July 1, 2007; Laws 2009, c. 169, § 5, emerg. eff. May 11,
2009; Laws 2018, c. 20, § 6, eff. Nov. 1, 2018.
§11-50-115.2. Death benefit.
Upon the death of an active or retired member, the Oklahoma
Police Pension and Retirement System shall pay to the beneficiary of
the member or if there is no beneficiary or if the beneficiary
predeceases the member, to the estate of the member, the sum of Four
Thousand Dollars ($4,000.00) as a death benefit for those active or
retired members who died prior to July 1, 1999. For those active or
retired members who die on or after July 1, 1999, the sum shall be
Five Thousand Dollars ($5,000.00).
Added by Laws 1987, c. 236, § 156, emerg. eff. July 20, 1987.
Amended by Laws 1999, c. 167, § 3, eff. July 1, 1999; Laws 2002, c.
352, § 2, eff. July 1, 2002; Laws 2014, c. 44, § 4, emerg. eff. April
15, 2014.
§11-50-116.1. Sickness or temporary disability - Continuance of
salary.
Whenever any member of the police department of any municipality
is unable to perform the member's duties because of sickness or
temporary disability caused or sustained while in the discharge of
the member's duty as such member, notwithstanding the provisions of
Sections 11 and 12 of Title 85 of the Oklahoma Statutes, the salary
shall be paid by the municipality to the member and shall continue
while the member is sick or temporarily disabled for a period of not
more than six (6) months with the municipality having the option of
extending the period for up to an additional six (6) months, not to
exceed a total of twelve (12) months, after which said period the
provisions for permanent total or permanent partial disability
benefits of the Oklahoma Police Pension and Retirement System shall
apply. Should a member receiving a salary under this section be
eligible to receive, and should the salary of the member under this
section exceed any temporary disability benefit paid to the member
under Section 1 et seq. of Title 85 of the Oklahoma Statutes, the
member shall transfer said temporary disability benefits under
Section 1 et seq. of Title 85 of the Oklahoma Statutes to the
municipality while the member is sick or temporarily disabled.
Added by Laws 1988, c. 267, § 13, operative July 1, 1988. Amended by
Laws 1993, c. 352, § 6, eff. July 1, 1993.
§11-50-117. Payment of pension to beneficiary of member - Amount -
Eligibility - Limitations - Commencement and cessation of benefits.
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A. The State Board is authorized to pay a pension to the
beneficiary of any member where requirements for eligibility for such
pension are met as provided in this subsection. The pension shall be
in an amount as the State Board shall provide not exceeding the
accrued retirement benefit or normal disability benefit. Before any
beneficiary of a member shall be entitled to any pension the member
must have complied with any agreement as to contributions by the
member and other members to the System where said agreement has been
made as provided by this article, and the State Board must find that:
1. The member lost his or her life while in, and in consequence
of, the performance of the member’s duty and through no negligence on
the member’s part; and
2. The member left a beneficiary.
B. The State Board is authorized to pay a pension to the
beneficiary of any member where requirements for eligibility for such
pension are met as provided in this subsection. The member’s
beneficiary shall receive the member’s accrued retirement benefit.
Before any beneficiary of a member shall be entitled to any pension
the member must have complied with any agreement as to contributions
by the member and other members to the System where said agreement
has been made as provided by this article, and the State Board must
find that:
1. The member completed ten (10) years of credited service and
died from any cause; and
2. The member left a beneficiary.
C. If such finding is made, a pension shall be allowed, limited
as provided in this article. The pension shall commence to the
beneficiary of the member within one (1) year of the death of the
member and, except as otherwise provided in this section, shall be
payable over the life of the beneficiary. If the beneficiary is a
child of the member, the pension payments shall cease automatically
when the child reaches eighteen (18) years of age or twenty-two (22)
years of age if the child is enrolled full time and regularly
attending a public or private school or any institution of higher
education.
If the beneficiary is a surviving spouse of a member who
remarried prior to June 7, 1993, and was a surviving spouse of a
member who died while in, or as a consequence of, the performance of
the member’s duty for the employer, 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 Police Pension
and Retirement System. The Oklahoma Police Pension and Retirement
System shall approve requests by surviving spouses meeting the
requirements of this section. Upon approval by the Oklahoma Police
Pension and Retirement System, the surviving spouse shall be entitled
D$,$$)"!!"$ '3 " :$&1#
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 Police
Pension and Retirement System’s approval of the remarried surviving
spouse’s written request for benefits.
No surviving spouse shall receive benefits from this section,
Section 49-113 of this title, or Section 2-306 of Title 47 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.
Added by Laws 1977, c. 256, § 50-117, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 23, eff. Jan. 1, 1981; Laws 1985, c. 221, § 8,
emerg. eff. July 8, 1985; Laws 1988, c. 267, § 14, operative July 1,
1988; Laws 1994, c. 84, § 4, eff. July 1, 1994; Laws 1994, c. 351, §
3, eff. July 1, 1994; Laws 2004, c. 551, § 7, emerg. eff. June 9,
2004.
§11-50-118. Member retired for disability - Physical examination -
Emergency duty.
Any member retired for disability as authorized in this article
may be summoned before the State Board at any time to submit himself
or herself to the State Board or some physician licensed by this
state and selected by the State Board, to be examined as to the
member's fitness for duty, and if found to be able to return to duty
by the State Board, the member shall not be entitled to any further
money from the funds of the System. All such members so retired as
authorized under this article shall report, upon order of the State
Board, to some physician licensed by this state and designated by the
State Board, for an examination as to the member's fitness for duty,
and if at such time the member be found fit for duty by the State
Board, the member shall not be entitled to any further money from the
System. In case of great public emergency any such member retired
for disability may be assigned to and shall perform such duty as the
Chief of the Police Department of the municipality may direct and
such member shall not be entitled to any pay from the municipality
for the duty so performed.
Laws 1977, c. 256, § 50-118, eff. July 1, 1978; Laws 1980, c. 356, §
24, eff. Jan. 1, 1981.
§11-50-119. Forfeiture of benefits - Grounds.
When any person who shall receive any benefits from any funds of
the System as authorized by this article shall fail to report to duty
as required by this article, unless excused by the State Board, or
shall disobey the requirements of the State Board made under this
D$,$$)"!!"$ '3 " :$&1#(
article, in respect to said examination for duty or otherwise, then
the State Board shall order that such benefits as may have been
granted to such member shall immediately cease and such member shall
receive no further benefits as authorized to be paid under this
article unless or until, if possible, such member shall have met the
requirements made by the State Board.
Added by Laws 1977, c. 256, § 50-119, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 25, eff. Jan. 1, 1981.
§11-50-121. Ordinances to accomplish purpose of article.
The governing body of any participating municipality is
authorized to pass any ordinances specifically mentioned in this
article, and such other ordinances as shall be necessary to
accomplish the purposes provided in this article, provided that no
ordinance shall conflict with the provisions of this article.
Laws 1977, c. 256, § 50-121, eff. July 1, 1978; Laws 1980, c. 356, §
27, eff. Jan. 1, 1981.
§11-50-122. Computation of pensions - Leaves of absence - Military
leaves of absence or credits for military service exempted.
A. All pensions shall be computed on a monthly basis with a
majority of the month counting as a full month.
B. Authorized leaves of absence may be granted by a
participating municipality to a member. These authorized leaves of
absence shall not constitute a deprivation of pension rights and
service accumulations up to the point of the leave. Accrual time may
continue when the member returns to work if that absence is not
longer than three hundred sixty-five (365) days. In no case shall a
member on authorized leave of absence withdraw any funds from the
System. Effective August 5, 1993, an authorized leave of absence
shall include a period of absence pursuant to the Family and Medical
Leave Act of 1993.
C. Nothing in subsection B of this section shall be construed as
affecting any provision for military leaves of absence or credits for
military service in the Oklahoma Statutes.
Added by Laws 1977, c. 256, § 50-122, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 28, eff. Jan. 1, 1981; Laws 1985, c. 221, § 9,
emerg. eff. July 8, 1985; Laws 1999, c. 257, § 5, eff. July 1, 1999.
§11-50-123. Discharge of member - Board of review - Grounds -
Appeal.
A. The governing body of every participating municipality,
except municipalities which have provided for a civil service board
of review or merit board, or have negotiated a contract covering
discharge with their members to hear such appeals, shall establish a
board of review to hear appeals concerning the discharge of members.
The board of review shall consist of the mayor, ex officio, who shall
D$,$$)"!!"$ '3 " :$&1#1
be a voting member, and four members to be appointed by the governing
body of the participating municipality, as follows:
1. Two police officers retired or active from the police
department of the municipality; and
2. One attorney and one licensed physician residing in the
municipality.
Whenever persons meeting the qualifications of this subsection are
unavailable for appointments, the mayor shall in lieu thereof make
the appointments from the governing body of the municipality, except
that neither the Chief of Police nor any person having direct
appointive authority for police personnel shall be eligible for
appointment to said board. Appointive members of the board shall
serve at the pleasure of the appointing official.
B. No member may be discharged except for cause. Any member who
is discharged may appeal to the board of review herein provided.
Appeals from decisions of said board of review may be taken in the
manner provided for in this article, provided the provisions of this
section relating to the board of review and discharge shall not apply
to any municipality which has heretofore or hereinafter established
by its charter civil service or merit system pertaining to the
appointment and discharge of members and an independent board or
commission having authority to hear actions involving the discharge
of members.
Laws 1977, c. 256, § 50-123, eff. July 1, 1978; Laws 1980, c. 356, §
29, eff. Jan. 1, 1981.
§11-50-124. Exemption of System funds from legal process -
Assignment or transfer void - Exception of qualified domestic orders
- Offset for offenses involving the System.
A. Except as otherwise provided by this section, no portion of
any of the funds of the System shall, either before or after any
order made by the State Board for payment to any person entitled to a
pension or allowance, be held, seized, taken, subjected to, or
detained, or levied on by virtue of any garnishment, attachment,
execution, injunction, or other order or decree or any process or
proceeding whatever, issued out of or by any court of this state for
the payment or satisfaction, in whole or in part, of any debt,
damage, claim, demand or judgment against any such person entitled to
payment, nor shall said payments or any claim thereto be directly or
indirectly assigned, and any attempt to assign or transfer the same
shall be void. The said funds shall be held, invested, secured and
distributed for the purposes named in this article, and for no other
purpose whatever.
B. 1. The provisions of subsection A of this section shall not
apply to a qualified domestic order as provided pursuant to this
subsection.
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2. The term “qualified domestic order” means an order issued by
a district court of this state pursuant to the domestic relation laws
of the State of Oklahoma which relates to the provision of marital
property rights to a spouse or former spouse of a member or provision
of support for a minor child or children and which creates or
recognizes the existence of the right of an alternate payee, or
assigns to an alternate payee the right, to receive a portion of the
benefits payable with respect to a member of the System.
3. For purposes of the payment of marital property, to qualify
as an alternate payee, a spouse or former spouse must have been
married to the related member for a period of not less than thirty
(30) continuous months immediately preceding the commencement of the
proceedings from which the qualified domestic order issues.
4. A qualified domestic order is valid and binding on the State
Board and the related member only if it meets the requirements of
this subsection.
5. A qualified domestic order shall clearly specify:
a. the name and last-known mailing address (if any) of the
member and the name and mailing address of the
alternate payee covered by the order,
b. the amount or percentage of the member’s benefits to be
paid by the System to the alternate payee,
c. the number of payments or period to which such order
applies,
d. the characterization of the benefit as to marital
property rights or child support, and
e. each plan to which such order applies.
6. A qualified domestic order meets the requirements of this
subsection only if such order:
a. does not require the System to provide any type or form
of benefit, or any option not otherwise provided under
state law as relates to the System,
b. does not require the System to provide increased
benefits, and
c. does not require the payment of benefits to an
alternate payee which are required to be paid to
another alternate payee pursuant to another order
previously determined to be a qualified domestic order
or an order recognized by the System as a valid order
prior to the effective date of this act.
7. A qualified domestic order shall not require payment of
benefits to an alternate payee prior to the actual retirement date of
the related member.
8. The obligation of the System to pay an alternate payee
pursuant to a qualified domestic order shall cease upon the death of
the related member.
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9. This subsection shall not be subject to the provisions of the
Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A.
Section 1001, et seq., as amended from time to time, or rules and
regulations promulgated thereunder, and court cases interpreting said
act.
10. The Oklahoma Police Pension and Retirement Board shall
promulgate such rules as are necessary to implement the provisions of
this subsection.
11. An alternate payee who has acquired beneficiary rights
pursuant to a valid qualified domestic order must fully comply with
all provisions of the rules promulgated by the State Board pursuant
to this subsection in order to continue receiving his or her benefit.
C. Notwithstanding any other provision of law to the contrary,
effective August 5, 1997, the State Board may approve any offset of a
member’s benefit to pay a judgment or settlement against the member
for a crime involving the System or for a breach of the member’s
fiduciary duty to the System, provided such offset is in accordance
with the requirements of Section 401(a)(13) of the Internal Revenue
Code of 1986, as amended.
Added by Laws 1977, c. 256, § 50-124, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 30, eff. Jan. 1, 1981; Laws 1993, c. 322, § 5,
emerg. eff. June 7, 1993; Laws 1998, c. 198, § 3, eff. Nov. 1, 1998;
Laws 1999, c. 257, § 6, eff. July 1, 1999; Laws 2000, c. 287, § 10,
eff. July 1, 2000; Laws 2004, c. 551, § 8, emerg. eff. June 9, 2004.
§11-50-125. Repealed by Laws 1996, c. 191, § 24, emerg. eff. May 16,
1996.
§11-50-127. Limitation on withdrawal from System.
A member shall not be permitted to withdraw from the System while
employed as an officer or while undergoing police training in a
participating municipality.
Added by Laws 1977, c. 256, § 50-127, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 33, eff. Jan. 1, 1981; Laws 1985, c. 221, § 10,
emerg. eff. July 8, 1985; Laws 1995, c. 173, § 6, eff. July 1, 1995.
§11-50-128. Credit for military service.
A. Any member who has heretofore left the Police Department
qualifying under this article to enter the military service of the
United States during World War II and who returned to said department
on or before July 1, 1947, or the Korean conflict and who returned to
said department on or before January 1, 1956, shall receive credit
for such time in military service without having made contribution to
the System; and any member who has heretofore left, or hereafter may
leave said department because of involuntary conscription into the
military services of the United States at any time and who returns to
said department within ninety (90) days after the member’s release
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from such involuntary service shall receive credit for such time in
said military service on the Police Department without having made
contribution to the System only for that period that is involuntary;
voluntary enlistments and voluntary extensions of military service
being herewith specifically excluded for retirement credit.
B. A member who began participation in the System prior to July
1, 2003, and who retires on or after July 1, 1998, shall be entitled
to prior service credit, not to exceed five (5) years, for those
periods of military service on active duty prior to membership in the
Oklahoma Police Pension and Retirement System. All members who
initially begin participation with the System after June 30, 2003,
may acquire prior military service credit for a maximum of five (5)
years of such service credit upon payment of the actuarial cost of
such service in the manner prescribed by and subject to all of the
requirements of Section 50-111.4 of this title. For members of the
System hired or rehired on or after July 1, 2003, if the military
service credit authorized by this subsection is used to compute the
retirement benefit of the member and the member retires from the
System, such military service credit shall not be used to compute the
retirement benefit in any other retirement system created pursuant to
the Oklahoma Statutes and the member may receive credit for such
service only in the retirement system from which the member first
retires.
For purposes of this subsection, “military service” means service
in the Armed Forces of the United States by honorably discharged
persons during the following time periods, as reflected on such
person’s Defense Department Form 214, as follows:
1. During the following periods, including the beginning and
ending dates, and only for the periods served, from:
a. April 6, 1917, to November 11, 1918, commonly referred
to as World War I,
b. September 16, 1940, to December 7, 1941, as a member of
the 45th Division,
c. December 7, 1941, to December 31, 1946, commonly
referred to as World War II,
d. June 27, 1950, to January 31, 1955, commonly referred
to as the Korean Conflict or the Korean War,
e. February 28, 1961, to May 7, 1975, commonly referred to
as the Vietnam era, except that:
(1) for the period from February 28, 1961, to August
4, 1964, military service shall only include
service in the Republic of Vietnam during that
period, and
(2) for purposes of determining eligibility for
education and training benefits, such period shall
end on December 31, 1976, or
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f. August 1, 1990, to December 31, 1991, commonly referred
to as the Gulf War, the Persian Gulf War, or Operation
Desert Storm, but excluding any person who served on
active duty for training only, unless discharged from
such active duty for a service-connected disability;
2. During a period of war or combat military operation other
than a conflict, war or era listed in paragraph 1 of this subsection,
beginning on the date of Congressional authorization, Congressional
resolution, or Executive Order of the President of the United States,
for the use of the Armed Forces of the United States in a war or
combat military operation, if such war or combat military operation
lasted for a period of ninety (90) days or more, for a person who
served, and only for the period served, in the area of responsibility
of the war or combat military operation, but excluding a person who
served on active duty for training only, unless discharged from such
active duty for a service-connected disability, and provided that the
burden of proof of military service during this period shall be with
the member, who must present appropriate documentation establishing
such service.
C. An eligible member pursuant to subsection B of this section
shall include only those persons who shall have served during the
times or in the areas prescribed thereunder and only if such person
provides appropriate documentation in such time and manner as
required by the System to establish such military service prescribed
in this section, or for service pursuant to division (1) of
subparagraph e of paragraph 1 of subsection B of this section, those
persons who were awarded service medals, as authorized by the United
States Department of Defense as reflected in the veteran’s Defense
Department Form 214, related to the Vietnam Conflict for service
prior to August 5, 1964. The provisions of subsection B of this
section shall include military retirees, whose retirement was based
only on active service, that have been rated as having twenty percent
(20%) or greater service-connected disability by the Veterans
Administration or the Armed Forces of the United States.
D. Effective December 12, 1994, a leave of absence on account of
a period of “qualified military service” in the uniformed services of
the United States (within the meaning of Section 414(u)(5) of the
Internal Revenue Code of 1986), followed by a return to the service
of the participating municipality within ninety (90) days after the
completion of the period of service, shall constitute credited
service. Notwithstanding any provision herein to the contrary:
1. Contributions, benefits and service credit with respect to
qualified military service shall be provided in accordance with
Section 414(u) of the Internal Revenue Code of 1986, as amended,
which is in accordance with the Uniformed Services Employment and
Reemployment Rights Act of 1994, as amended (USERRA). The
municipality’s contributions to the System for a member covered by
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USERRA are due when such a member makes up his or her contributions
that were missed due to his or her qualified military service; and
2. Effective January 1, 2007, if any member dies while
performing qualified military service (as defined in Section 414(u)
of the Internal Revenue Code of 1986, as amended), the survivors of
the member are entitled to any additional benefits other than benefit
accruals relating to the period of qualified military service
provided under the System had the member resumed and then terminated
employment on account of death.
Added by Laws 1977, c. 256, § 50-128, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 34, eff. Jan. 1, 1981; Laws 1998, c. 192, § 2,
eff. July 1, 1998; Laws 1999, c. 257, § 7, eff. July 1, 1999; Laws
2003, c. 51, § 7, eff. July 1, 2003; Laws 2003, c. 406, § 2, eff.
July 1, 2003; Laws 2004, c. 302, § 2, emerg. eff. May 13, 2004; Laws
2005, c. 137, § 4, emerg. eff. May 3, 2005; Laws 2009, c. 169, § 6,
emerg. eff. May 11, 2009; Laws 2010, c. 437, § 7, emerg. eff. June 9,
2010.
§11-50-129. Appeals.
Notwithstanding any other provision of law, any aggrieved party
may appeal the decision of the State Board in granting, denying or
adjusting a pension or retirement benefit, and such appeal shall be
made in the district court of Oklahoma County. The appeal shall be
commenced within thirty (30) days after the date of the State Board's
decision. Notice of the intent to appeal shall be given by the
aggrieved party to the State Board within ten (10) days after the
date of the State Board's decision. The proceedings, practice, and
standards of review in the district court shall be governed by the
Administrative Procedures Act except as otherwise provided in this
section. The district court may affirm, reverse or modify the
decision of the State Board. The court may also remand the cause
with specific instructions to the State Board. The court costs and
expense of preparation of any transcript shall be paid by the losing
party. All other legal actions or proceedings against the Oklahoma
Police Pension and Retirement Board, the Oklahoma Police Pension and
Retirement System or its employees or agents shall be brought in the
district court of Oklahoma County.
Added by Laws 1977, c. 256, § 50-129, eff. July 1, 1978. Amended by
Laws 1980, c. 356, § 35, eff. Jan. 1, 1981; Laws 2003, c. 51, § 8,
eff. July 1, 2003.
§11-50-130. Police Pension and Retirement Fund.
There is hereby established a fund to be designated as the
Oklahoma Police Pension and Retirement Fund. All employee and
employer contributions shall be deposited in the Fund and may be
invested as provided in this article.
Laws 1980, c. 356, § 36, eff. Jan. 1, 1981.
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§11-50-131. Transfer of assets to State Board.
Any municipality having a Police Pension and Retirement Fund
prior to January 1, 1981, shall transfer all assets of such fund to
the State Board on January 1, 1981. Assets shall be transferred in
the form of cash, negotiable securities and such other specific
assets as permitted by the State Board.
Added by Laws 1980, c. 356, § 37, eff. Jan. 1, 1981. Amended by Laws
1985, c. 221, § 11, emerg. eff. July 8, 1985.
§11-50-132. Assets of Fund - Contents - Right to assets - Valuation.
The assets of the Fund shall consist of such assets and the
income therefrom, including such contributions as shall from time to
time be made to the State Board by each municipality, or property for
which any of the same shall be exchanged or into which any of the
same shall be converted, together with any other assets held from
time to time hereunder by the State Board. All legal right, title
and interest in and to the assets of the Fund shall at all times be
held in trust and vested exclusively in the State Board or its
nominee and no municipality shall be deemed to have severable
ownership of any asset of the Fund or any right of partition or
possession.
The State Board shall appraise and place valuation upon the
assets of the Fund held by it as of the last business day of each
month. Any assets not held by the State Board shall be appraised and
valued by the Executive Director on said date.
The valuation of all assets of the Fund shall be both at cost and
at the fair market value thereof, as determined by reference to the
best available source or sources, in the opinion of the Executive
Director and the State Board and both the Executive Director and
State Board may rely on figures, or statements appearing in any
reputable publication purporting to state sales prices, market
quotations, values, bid and asking prices or any facts affecting
values and upon the opinion of one or more persons familiar with the
reasonable market value of any assets to be valued and shall incur no
liability for error in any such valuation made in good faith. The
reasonable and equitable decision of the Executive Director and State
Board regarding the method used in determining values shall be
conclusive and binding upon all persons, natural or legal, having
interest, direct or indirect, in the Fund's assets.
Upon termination or partial termination of the System, or a
permanent discontinuance of contributions, the benefits accrued up to
the date of termination by the affected members and their
beneficiaries, respectively, shall be nonforfeitable.
Added by Laws 1980, c. 356, § 38, eff. Jan. 1, 1981. Amended by Laws
1985, c. 221, § 12, emerg. eff. July 8, 1985; Laws 2000, c. 287, §
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11, eff. July 1, 2000; Laws 2001, c. 183, § 6, emerg. eff. May 2,
2001.
§11-50-133. Costs and expenses of operation, administration and
management of system fund - Equipment and supplies.
All costs and expenses incurred in the operation, administration
and management of the System shall be paid by the State Board from
the monies of the fund, including but not limited to commissions or
other costs resulting from the purchase, sale or other transfer of
assets.
The State Board is authorized to purchase such equipment and
supplies as it deems necessary for the efficient operation,
administration and management of the System. Payment for such
equipment and supplies shall be made from the operating account of
the System. Such payments shall be considered an expense of the
System and the equipment and supplies so purchased shall be an asset
of the System.
Amended by Laws 1983, c. 268, § 1, operative July 1, 1983.
§11-50-134. Operation, administration and management of System -
Responsibilities.
A. The State Board shall be responsible for the operation,
administration and management of the System.
1. In order to carry out the responsibilities imposed upon them
by law, the State Board shall appoint such advisors, consultants,
agents and employees, each of whom may be such individual, firm or
corporation as shall be deemed necessary or advisable and approved by
the State Board. Such individuals, firms or corporations may be
retained or employed in such manner and upon such terms as shall seem
appropriate and proper to the State Board, either by contract or
retainer, by regular full- or part-time employment or by such other
arrangements as shall be satisfactory to the State Board and shall be
subject to such bonding requirements as shall be established by the
State Board. The fees, commissions, salaries and other compensation
of such advisors, consultants, agents or employees shall be paid by
the State Board from the Fund.
2. Notwithstanding any statute, regulation or rule to the
contrary, the State Board may obtain from any participating
municipality and the Council on Law Enforcement Education and
Training information for the purpose of the System performing an
audit to determine any person's eligibility for membership in the
System pursuant to Section 50-112 of this title. The State Board
also may obtain from any participating municipality information for
the purpose of the System performing an audit of such participating
municipality to ensure compliance with the System's statutes or
rules, including, but not limited to, information with respect to
member compensation necessary to determine the amounts that should be
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included in or excluded from a member's paid base salary and the
accuracy of amounts upon which member contributions are made. Any
information received by the State Board pursuant to this paragraph
shall be kept confidential by the System to the extent required by
any applicable statute, regulation or rule.
B. The Executive Director shall perform the duties and services
indicated below and such other duties and services as may, from time
to time, be requested or directed by the State Board, and who shall
be responsible to the State Board and shall attend all regular
meetings of the State Board.
The Executive Director shall be responsible to the State Board
for the day-to-day operation of the System, and shall on behalf of
the State Board:
1. Be responsible for the transmittal of communications from the
State Board to the participating municipalities;
2. Receive payroll and employment reports from participating
municipalities and maintain current employment, earnings and
contribution data on each covered member of each participating
municipality;
3. Coordinate the activities of all other advisors, consultants,
agents or employees appointed by the State Board;
4. Maintain all necessary records reflecting the operation and
administration of the System and submit detailed reports thereof to
the State Board at each regular meeting of the State Board and at
such other time or times as requested by the State Board;
5. Process all claims for payment of benefits or expenses for
approval by the State Board;
6. File on behalf of the State Board such reports or other
information as shall be required by any state or federal law or
regulations; and
7. Demand on behalf of the State Board information under
paragraph 2 of subsection A of this section.
Added by Laws 1980, c. 356, § 40, eff. Jan. 1, 1981. Amended by Laws
1988, c. 321, § 18, operative July 1, 1988; Laws 2003, c. 137, § 9,
emerg. eff. April 25, 2003; Laws 2004, c. 551, § 9, emerg. eff. June
9, 2004; Laws 2017, c. 132, § 3, emerg. eff. May 1, 2017.
§11-50-134.1. Confidentiality of records.
All information, documents and copies thereof contained in a
member's retirement file shall be given confidential treatment and
shall not be made public by the Oklahoma Police Pension and
Retirement System without the prior written consent of the member to
which it pertains, but shall be subject to court order.
Added by Laws 1993, c. 352, § 7, eff. July 1, 1993. Amended by Laws
2000, c. 287, § 12, eff. July 1, 2000.
§11-50-135. Forfeiture of Motor Fuel Excise Tax revenues.
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Any participating municipality that does not comply with the
contribution requirements of this act shall forfeit that
proportionate share of the Motor Fuel Excise Tax which is received
through the Oklahoma Tax Commission. It shall be the duty of the
Oklahoma Tax Commission to withhold these funds until such time as
the Attorney General shall certify to the Oklahoma Tax Commission,
upon proof presented, that the provisions of this act are being
complied with by the participating municipality, that the forfeiture
of the Motor Fuel Excise Tax is terminated. It shall be the duty of
the Attorney General to enforce the provisions of this section.
Laws 1980, c. 356, § 41, eff. Jan. 1, 1981.
§11-50-136. Increase in pension benefits.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 1989, shall receive a five percent
(5%) increase in said benefits on July 1, 1990.
B. Any increase in benefits a person is eligible to recover or
has received during calendar year 1989 and 1990 pursuant to repealed
Section 50-120 of this title, shall be used to offset the increase in
benefits provided in subsection A of this section.
Added by Laws 1985, c. 221, § 13, emerg. eff. July 8, 1985. Amended
by Laws 1986, c. 186, § 1, operative July 1, 1986. Amended by Laws
1990, c. 340, § 13, eff. July 1, 1990.
§11-50-136.1. Increase in benefits - Repealed Section 50-120.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 1993, shall receive a two and one-
half percent (2 1/2%) increase in said benefits on July 1, 1994.
B. Notwithstanding the provisions of Section 50-111.3 of this
title, any increase in benefits a person is eligible to receive or
has received during calendar year 1990 and any subsequent calendar
year pursuant to repealed Section 50-120 of this title shall be used
to offset the increase in benefits provided in subsection A of this
section.
Added by Laws 1988, c. 267, § 15, operative July 1, 1988. Amended by
Laws 1994, c. 383, § 4, eff. July 1, 1994.
§11-50-136.2. Additional retirement benefit.
A. Except as provided by subsection B of this section, the
Oklahoma Police Pension and Retirement System shall pay to its
retirees, who retire not later than June 30, 1997, or their
beneficiaries, from assets of the retirement system, an additional
amount, for the fiscal year ending June 30, 1998, based upon the
number of years of credited service upon which the retirement benefit
of the member was computed as follows:
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1. One Hundred Fifty Dollars ($150.00) for at least ten (10),
but no more than fourteen (14) years of service;
2. Three Hundred Dollars ($300.00) for at least fifteen (15),
but no more than nineteen (19) years of service;
3. Four Hundred Fifty Dollars ($450.00) for at least twenty
(20), but no more than twenty-four (24) years of service; and
4. Six Hundred Dollars ($600.00) for twenty-five (25) or more
years of service.
B. The Oklahoma Police Pension and Retirement System shall pay
to retirees, who retire not later than June 30, 1997, with a
disability retirement benefit and having less than ten (10) years of
service, the sum of One Hundred Fifty Dollars ($150.00).
C. For purposes of subsection A or B of this section, months of
credited service in excess of a whole number of years shall be
disregarded for purposes of determining the applicable payment
amount.
D. The payment authorized by this section shall be distributed
not later than August 1, 1997.
E. The payment authorized by this section shall not be a
recurring benefit and shall only be made for the fiscal year ending
June 30, 1998, and for no other fiscal year.
F. If a retiree has multiple beneficiaries, the amount
prescribed by subsection A of this section shall be divided equally
among the beneficiaries on a per capita basis.
Added by Laws 1997, c. 384, § 20, eff. July 1, 1997.
§11-50-136.3. Benefit adjustment - Restoration of Initial COLA
Benefit.
A. For purposes of this section the following definitions shall
apply:
1. "Initial COLA Benefit Date" means the later of the member's
date of benefit commencement or January 1, 1981. This date is used
in the definition of Initial COLA Benefit and Target COLA Benefit;
2. "Initial COLA Benefit" means the accrued retirement benefit
which will be used as the base benefit for determining the Target
COLA Benefit. The Initial COLA Benefit equals the benefit in payment
status as of the Initial COLA Benefit Date. Furthermore, this
benefit will reflect adjustment for military service credits, if any,
granted after the Initial COLA Benefit Date;
3. "CPI-U" means the Consumer Price Index for all urban
consumers for all goods and services, as published by the Bureau of
Labor Statistics, U.S. Department of Labor. This is used as a
measure of price inflation for the development of the Target COLA
Benefit defined below; and
4. "Target COLA Benefit" is the Initial COLA Benefit adjusted to
reflect price inflation as measured by CPI-U. The Target COLA
Benefit is calculated for each eligible member to equal the member's
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Initial COLA Benefit multiplied by a ratio of (A) divided by (B) as
follows:
(A) is the CPI-U as of July 1, 1997.
(B) is the CPI-U as of July 1 of the calendar year of the
Initial COLA Benefit Date.
B. The Board shall, effective July 1, 1998, implement a benefit
adjustment, to increase, if necessary, the retirement benefit for any
person receiving benefits from the System as of June 30, 1997. This
benefit adjustment is intended to restore one hundred percent (100%)
of the loss of the Initial COLA Benefit, if any, due to price
inflation, as measured by CPI-U. The benefit adjustment shall be one
hundred percent (100%) of the amount by which the Target COLA Benefit
is in excess, if any, of the June 1998 retirement benefit.
Persons who retired after December 31, 1996 and before July 1, 1997,
shall receive a benefit increase based on one-half (1/2) of the CPI-U
change for the period beginning January 1, 1997 and before July 1,
1997.
C. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 50-120 of Title 11 of the Oklahoma
Statutes, after June 30, 1998, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 1998, c. 317, § 3, eff. July 1, 1998.
§11-50-136.4. Benefit increase - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 1999, who continues to receive
benefits on or after July 1, 2000, shall receive a four and seven-
tenths percent (4.7%) increase in said benefits on July 1, 2000.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 50-120 of Title 11 of the Oklahoma
Statutes, after June 30, 1998, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 2000, c. 377, § 3, eff. July 1, 2000.
§11-50-136.5. Increase in benefits – Amount - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 2001, who continues to receive
benefits on or after July 1, 2002, shall receive a five percent (5%)
increase in said benefits on July 1, 2002.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 50-120 of Title 11 of the Oklahoma
Statutes, after June 30, 2000, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 2002, c. 394, § 2, eff. July 1, 2002.
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§11-50-136.6. Police Pension and Retirement System - Increase in
benefits - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 2003, who continues to receive
benefits on or after July 1, 2004, shall receive a four-percent
increase in said benefits beginning in July 2004.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 50-120 of Title 11 of the Oklahoma
Statutes, after June 30, 2002, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 2004, c. 536, § 5, eff. July 1, 2004.
§11-50-136.7. Increase in benefits - July 1, 2006 - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 2005, who continues to receive
benefits on or after July 1, 2006, shall receive a four-percent
increase in said benefits beginning in July 2006.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 50-120 of Title 11 of the Oklahoma
Statutes, after June 30, 2004, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 2006, 2nd Ex. Sess., c. 46, § 6, eff. July 1, 2006.
§11-50-136.8. Increase in benefits - July 1, 2008 - Offset.
A. Except as provided in subsection B of this section, any
person receiving benefits from the Oklahoma Police Pension and
Retirement System as of June 30, 2007, who continues to receive
benefits on or after July 1, 2008, shall receive a four-percent
increase in said benefits on July 1, 2008.
B. Any increase in benefits a person is eligible to receive
pursuant to repealed Section 50-120 of Title 11 of the Oklahoma
Statutes, after June 30, 2006, shall be offset by the increase in
benefits, if any, provided by this section.
Added by Laws 2008, c. 415, § 2, eff. July 1, 2008.
§11-51-101. Public policy of fire and police arbitration law.
A. The protection of the public health, safety and welfare
demands that the permanent members of any paid fire department or
police department in any municipality not be accorded the right to
strike or engage in any work stoppage or slowdown. This necessary
prohibition does not, however, require the denial to such employees
of other well-recognized rights of labor such as the right to
organize, to be represented by a collective bargaining representative
of their choice and the right to bargain collectively concerning
wages, hours and other terms and conditions of employment; and such
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employees shall also have the right to refrain from any and all such
activities.
B. It is declared to be the public policy of this state to
accord to the permanent members of any paid fire department or police
department in any municipality all of the rights of labor, other than
the right to strike or to engage in any work stoppage or slowdown.
Nothing in this article shall constitute a grant of the right to
strike to fire fighters or police officers of any municipality and
such strikes are hereby prohibited. Notwithstanding the provisions
of any other law, any person holding such a position who, by
concerted action with others and without the lawful approval of his
superior, willfully absents himself from his position or abstains in
whole or in part from the full, faithful and proper performance of
his duties for the purpose of inducing, influencing or coercing a
change in the conditions or compensation, or the rights, privileges
or obligations of employment shall be deemed to be on strike but the
person, upon request, shall be entitled to a determination as to
whether he did violate the provisions of this article. The request
shall be filed in writing with the officer or body having the power
to remove or discipline such employee within ten (10) days after
regular compensation of such employee has ceased or other discipline
has been imposed. In the event of such request, the officer or body
shall within ten (10) days after the receipt of such request commence
a proceeding for the determination of whether the provisions of this
article have been violated by the public employee, in accordance with
the law and regulations appropriate to a proceeding to remove the
public employee. The proceedings shall be undertaken without
unnecessary delay. The decision of the proceeding shall be made
within ten (10) days following the conclusion of said hearing. If
the employee involved is held to have violated this article and his
employment terminated or other discipline imposed, he shall have the
right of review to the district court having jurisdiction of the
parties, within thirty (30) days from such decision, for
determination whether such decision is supported by competent,
material and substantial evidence on the whole record. To provide
for the exercise of these rights, a method of arbitration of disputes
is hereby established.
C. It is declared to be the public policy of the State of
Oklahoma that no person shall be discharged from or denied employment
as a member of any paid fire department or police department in any
municipality of this state by reason of membership or nonmembership
in, or the payment or nonpayment of any dues, fees or other charges
to, an organization of such members for collective bargaining
purposes as herein contemplated.
D. The establishment of this method of arbitration shall not,
however, in any way whatever, be deemed to be a recognition by the
state of compulsory arbitration as a superior method of settling
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labor disputes between employees who possess the right to strike and
their employers, but rather shall be deemed to be a recognition
solely of the necessity to provide some alternative procedure for
settling disputes where employees must, as a matter of public policy,
be denied the usual right to strike.
Laws 1977, c. 256, § 51-101, eff. July 1, 1978.
§11-51-102. Definitions.
As used in this article, unless the context requires a different
interpretation:
1. "Fire fighters and police officers" shall mean the permanent
paid members of any fire department or police department in any
municipality within the State of Oklahoma but shall not include the
chief of police and an administrative assistant and the chief of the
fire department and an administrative assistant. The administrative
assistant shall be that person so designated by the chief of the
police department. "Police officers" as used herein shall be those
persons as defined in Section 50-101 of this title.
2. "Corporate authorities" means the proper officials, singly or
collectively, within any municipality whose duty or duties it is to
establish the wages, salaries, rates of pay, hours, working
conditions and other terms and conditions of employment of fire
fighters or police officers, whether they be the mayor, city manager,
town manager, town administrator, city council, town council,
director of personnel, personnel board or commission, or by whatever
other name the same may be designated, or any combination thereof.
It is not the intent of this paragraph that the above-named officials
shall in any way be exclusive or limiting.
3. "Strike" shall mean the concerted failure to report for duty,
the willful absence from one's position, unauthorized holidays,
sickness unsubstantiated by a physician's statement, the stoppage of
work, or the abstinence in whole or in part from the full, faithful
and proper performance of the duties of employment, for the purpose
of inducing, influencing or coercing a change in the conditions,
compensation, rights, privileges or obligations of employment.
Nothing contained in this article shall be construed to limit, impair
or affect the right of any public employee to the expression or
communication of a view, grievance, complaint or opinion on any
matter related to the conditions or compensation of public employment
or their betterment, so long as the same does not interfere with the
full, faithful and proper performance of the duties of employment.
4. "Bargaining agent" shall mean any lawful association,
fraternal organization, labor organization, federation or council
having as one of its purposes the improvement of wages, hours and
other conditions of employment among employees of fire and police
departments.
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5. "Collective bargaining" shall mean the performance of the
mutual obligation of the municipal employer or his designated
representatives and the representative of the employees to meet at
reasonable times, including meetings appropriately related to the
budget-making process; to confer in good faith with respect to wages,
hours and other conditions of employment, or the negotiation of an
agreement, or any question arising thereunder; and to execute a
written contract incorporating any agreement reached if requested by
either party. Such obligation shall not, however, compel either
party to agree to a proposal or require the making of a concession.
6. "Unfair labor practices" for the purpose of this article
shall be deemed to include but not be limited to the following acts
and conduct:
6a. Action by corporate authorities:
(1) interfering with, restraining, intimidating or
coercing employees in the exercise of the rights
guaranteed them by this article;
(2) dominating or interfering with the formation,
existence or administration of any employee
organization or bargaining agent;
(3) interfering in any manner whatsoever with the
process of selection by fire fighters or police
officers of their respective bargaining agents or
attempting to influence, coerce or intimidate
individuals in such selection;
(4) discharging or otherwise disciplining or
discriminating against a police officer or fire
fighter because he has signed or filed any
affidavit, petition or complaint or has given any
information or testimony under this article or
because of his election to be represented by the
bargaining agent;
(5) refusing to bargain collectively or discuss
grievances in good faith with the designated
bargaining agent with respect to any issue coming
within the purview of this article; or
(6) instituting or attempting to institute a lockout.
6b. Action by bargaining agent:
(1) interfering with, restraining, intimidating or
coercing employees in the exercise of the rights
guaranteed them by this article;
(2) interfering with or attempting to coerce the
corporate authorities in the selection of their
representatives for the purposes of collective
bargaining or the adjustment of grievances; or
(3) refusing to bargain collectively or discuss
grievances in good faith with the proper corporate
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authorities with respect to any issue coming
within the purview of this article.
7. "Board" shall mean the Public Employees Relations Board.
Laws 1977, c. 256, § 51-102, eff. July 1, 1978.
§11-51-103. Collective bargaining rights - Petition - Hearing -
Elections.
A. Firefighters and police officers in any municipality shall
have the separate right to bargain collectively with their
municipality and to be represented by a bargaining agent in such
collective bargaining with respect to wages, salaries, hours, rates
of pay, grievances, working conditions and all other terms and
conditions of employment.
B. Whenever, conformable to regulations that may be prescribed
by the Public Employees Relations Board, herein created, a petition
is filed by:
1. A labor organization alleging that thirty percent (30%) of
the firefighters or police officers in a municipality:
a. wish to be represented for collective bargaining
by an exclusive employee representative, or
b. assert that the designated exclusive employee
representative is no longer the representative of the majority of
employees in the unit; or
2. The employer alleging that one or more labor organizations
has presented to it a claim to be recognized as the exclusive
employee representative in an appropriate unit;
the Board shall investigate the facts alleged therein and if it has
reasonable cause to believe that a question of representation exists,
it shall provide for an appropriate hearing upon due notice. If the
Board finds upon the record of such hearing that such a question of
representation exists, it shall direct an election by secret ballot
and shall certify the results thereof. The Board may also certify a
labor organization as an exclusive employee representative if it
determines that a free and untrammelled election cannot be conducted
because of the employer's unfair labor practices.
C. Only those labor organizations which have been designated by
more than ten percent (10%) of the employees in the unit found to be
appropriate shall be placed on the ballot. Nothing in this section
shall be construed to prohibit the waiving of hearing by stipulation
for the purpose of a consent election, in conformity with the rules
and regulations of the Board.
D. In order to assure to firefighters and police officers of
any municipality the fullest freedom in exercising the rights
guaranteed by this article, the Board shall decide in each case
before it in which the issue is raised the unit appropriate for the
purposes of collective bargaining, and shall consider such factors as
community of interest, wages, hours and other working conditions of
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the employees involved, the history of collective bargaining, and the
desires of the employees.
E. An election shall not be directed in any bargaining unit or
in any subdivision thereof within which, in the preceding twelve-
month period, a valid election has been held. The Board shall
determine who is eligible to vote in the election and shall establish
rules governing the election. In any election where none of the
choices on the ballot receives a majority, but a majority of all
votes cast are for representation by some labor organization, a run-
off election shall be conducted. A labor organization which receives
the majority of the votes cast in an election shall be certified by
the Board as the exclusive employee representative.
Laws 1977, c. 256, § 51-103, eff. July 1, 1978.
§11-51-104. Public Employees Relations Board.
A. There is hereby re-created, to continue until July 1, 2016,
in accordance with the provisions of the Oklahoma Sunset Law, the
Public Employees Relations Board, which shall be composed of five (5)
members to be appointed or selected as follows:
1. One appointed by the Governor shall be an impartial
appointment and designated as Chairman;
2. Two appointed by the President Pro Tempore of the State
Senate, one of whom shall be an impartial appointment and one of whom
shall be a representative from the labor industry chosen from a list
of four nominees to be submitted jointly by an Oklahoma organization
the primary purpose of which is to provide services to members who
are municipal police officers, which shall provide two nominees, and
by an Oklahoma organization the primary purpose of which is to
provide services to members who are municipal firefighters, which
shall provide two nominees; and
3. Two appointed by the Speaker of the Oklahoma House of
Representatives, one of whom shall be an impartial appointment and
one of whom shall be a representative of a municipality to be
selected from a list of four nominees submitted by a statewide
organization the membership of which consists primarily of
incorporated cities and towns within Oklahoma.
B. The Chairman shall be appointed for a term of five (5) years,
commencing from July 1, 1972. The other members shall be appointed
for terms of one (1) and three (3) years, respectively, from July 1,
1972, but their successors shall be appointed for terms of three (3)
years. No member shall serve on the Board for more than two terms.
No impartial member appointed by either the President Pro Tempore of
the Oklahoma State Senate or by the Speaker of the Oklahoma House of
Representatives shall, within two (2) years of being appointed to the
Board or while serving on the Board, have served or worked in a
capacity as an advocate, be a member or receive compensation from a
labor union group association or its subordinate affiliates or have
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served or worked in a capacity as an advocate, appointed or elected
official of or received compensation from a municipality or
municipalities.
C. Three members of the Board shall constitute a quorum. Any
individual chosen to fill a vacancy on the Board shall be appointed
only for the unexpired term. The Chairman and members of the Board
shall not receive a salary but shall receive compensation in lieu of
expenses in the amount of Fifty Dollars ($50.00) per day for any
meeting or the conduct of official duties, whether acting singly or
collectively.
D. To accomplish the objectives and to perform the duties
prescribed by this article, the Board may subpoena witnesses, issue
subpoenas to require the production of books, papers, records, and
documents which may be needed as evidence of any matter under
inquiry, and administer oaths and affirmations. In cases of neglect
or refusal to obey a subpoena issued to any person, the district
court of the county in which the investigations or the public
hearings are taking place, upon application by the Board, may issue
an order requiring such person to appear before the Board and produce
evidence about the matter under investigation. A failure to obey
such order may be punished by the court as a contempt.
E. Any subpoena, notice of hearing, or other process or notice
of the Board issued under the provisions of this article may be
served personally, by registered mail, or by leaving a copy at the
principal office of the person required to be served. A return made
and verified by the individual making such service and setting forth
the manner of such service is proof of service, and a returned post
office receipt, when registered or certified mail is used, is proof
of service.
F. The Board shall adopt, promulgate, amend, or rescind such
rules as it deems necessary to carry out the provisions of this
article. Public hearings shall be held by the Board on any proposed
rule of general applicability designed to implement, interpret, or
prescribe policy, procedure or practice requirements under the
provisions of this article and on any proposed change to such
existing rule. Reasonable notice shall be given prior to such
hearings, which shall include the time, place, and nature of such
hearing and the terms or substance of the proposed rule or the
changes to such rule.
Added by Laws 1977, c. 256, § 51-104, eff. July 1, 1978. Amended by
Laws 1983, c. 146, § 1, operative July 1, 1983; Laws 1985, c. 178, §
11, operative July 1, 1985; Laws 1986, c. 301, § 18, operative July
1, 1986; Laws 1989, c. 140, § 1, eff. July 1, 1989; Laws 1995, c. 13,
§ 1; Laws 2001, c. 7, § 1; Laws 2007, c. 23, § 1; Laws 2008, c. 16, §
1; Laws 2012, c. 90, § 1, eff. Nov. 1, 2012; Laws 2013, c. 15, § 7,
emerg. eff. April 8, 2013.
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NOTE: Laws 2012, c. 58, § 1 repealed by Laws 2013, c. 15, § 8,
emerg. eff. April 8, 2013.
§11-51-104a. Employees - Duties and compensation - Operating
expenditures.
The Office of Management and Enterprise Services, in cooperation
with the Chairman of the Public Employees Relations Board, is
authorized to appoint and fix the duties and compensation of
employees necessary to perform the responsibilities imposed upon the
Public Employees Relations Board by law. The Office of Management
and Enterprise Services is authorized to initiate or accept and
process claims for personal services, consulting services, supplies,
equipment, and other operating expenditures essential to the
accomplishment of the duties imposed upon the Public Employees
Relations Board by law.
Added by Laws 1983, c. 306, § 6, operative July 1, 1983. Amended by
Laws 2012, c. 304, § 51.
§11-51-104b. Unfair Labor practices - Prevention.
A. The Public Employees Relations Board is empowered, as
hereinafter provided, to prevent any person, including bargaining
agent and corporate authorities, from engaging in any unfair labor
practice as defined herein.
B. Whenever it is charged that any person has engaged in or is
engaging in any such unfair labor practice, the Board shall have the
power to issue and cause to be served upon such person a complaint
stating the charges in that respect, and containing a notice of
hearing before the Board, at a place therein fixed, not less than
five (5) days after the serving of said complaint. The person so
complained of shall have the right to file an answer and to appear
and give testimony at the time and place fixed in the complaint. In
the discretion of the Board, any other person may be allowed to
intervene in such proceeding.
C. If upon the preponderance of the testimony taken the Board
shall be of the opinion that the person named in the complaint has
engaged in or is engaging in any such unfair labor practice, then the
Board shall state its findings of fact and shall issue and cause to
be served on such person an order requiring such person to cease and
desist from such unfair labor practice. Such order may further
require such person to make reports from time to time showing the
extent to which it has complied with the order. If upon the
preponderance of the testimony taken the Board shall not be of the
opinion that the person served in the complaint has engaged in or is
engaging in any such unfair labor practice, then the Board shall
state its findings of fact and shall issue an order dismissing the
complaint.
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D. The Board, or any interested party, shall have the power to
petition the district court, wherein the unfair labor practice in
question occurred, for the enforcement of such order and for
appropriate temporary relief of restraining order.
Added by Laws 1985, c. 148, § 1.
§11-51-105. Meet and confer - Agreements.
It shall be the obligation of the municipality, acting through
its corporate authorities, to meet at reasonable times and confer in
good faith with the representatives of the fire fighters or police
officers within ten (10) days after receipt of written notice from
said bargaining agent requesting a meeting for collective bargaining
purposes. The obligation shall include the duty to cause any
collective bargaining agreement resulting from negotiations to be
reduced to a written agreement, the term of which shall not exceed
one (1) year; provided, any such agreement shall continue from year
to year and be automatically extended for one-year terms unless
written notice of request for bargaining is given by either the
municipal authorities or the bargaining agent of the fire fighters or
police officers at least thirty (30) days before the anniversary date
of such negotiated agreement. Within ten (10) days of receipt of
such notice by the other party, a conference shall be scheduled for
the purposes of collective bargaining, and until a new agreement is
reached, the currently existing written agreement shall not expire
and shall continue in full force and effect.
Amended by Laws 1985, c. 148, § 2.
§11-51-106. Arbitration.
In the event that the bargaining agent and the corporate
authorities are unable, within thirty (30) days from and including
the date of the first meeting, to reach an agreement on a contract,
any and all unresolved issues shall be submitted to arbitration, upon
request of either party.
Laws 1977, c. 256, § 51-106, eff. July 1, 1978.
§11-51-107. Arbitrators - Selection.
Within five (5) days from the date of the request for arbitration
referred to in Section 51-106 of this title, the bargaining agent and
the corporate authorities shall each select and name one arbitrator
and shall immediately thereafter notify each other in writing of the
name and address of the person so selected. The two arbitrators so
selected and named shall, within five (5) days from and after the
expiration of the five-day period hereinabove mentioned, agree upon
and select a third arbitrator. If, on the expiration of the period
allowed therefor, the arbitrators are unable to agree upon the
selection of a third arbitrator, the bargaining agent and the
corporate authorities shall request the Federal Mediation and
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Conciliation Service to provide a list of five arbitrators. Within
five (5) days after receipt of the list of arbitrators from the
Federal Mediation and Conciliation Service, the two arbitrators
already selected shall alternately strike the name of one arbitrator
from the list of five until one name remains, with the employer
making the first strike from said list. The third arbitrator,
whether selected as a result of an agreement between the two
arbitrators previously selected or selected from the list provided by
the Federal Mediation and Conciliation Service, shall act as chairman
of the arbitration board.
Laws 1977, c. 256, § 51-107, eff. July 1, 1978.
§11-51-108. Hearing procedures - Special municipal elections -
Effective date of agreements.
A. 1. The arbitration board acting through its chair shall call
a hearing to be held within ten (10) days after the date of the
appointment of the chair and shall, acting through its chair, give at
least seven (7) days’ notice in writing to each of the other two
arbitrators, the bargaining agent and the corporate authorities of
the time and place of such hearing.
2. At least seven (7) days before the date of the hearing the
corporate authorities and the bargaining agent shall submit to each
other and to the arbitration board members a written arbitration
statement listing all contract terms which the parties have resolved
and all contract issues which are unresolved. Each arbitration
statement shall also include a final offer on each unresolved issue.
The terms and offers contained in the arbitration statements shall be
known collectively as each party’s last best offer.
3. The hearing shall be informal and the rules of evidence
prevailing in judicial proceedings shall not be binding. Any and all
documentary evidence and other data deemed relevant by the
arbitrators may be received in evidence. The arbitrators shall have
the power to administer oaths and to require by subpoena the
attendance and testimony of witnesses, the production of books,
records, and other evidence relative or pertinent to the issues
presented to them for determination. A hearing shall be concluded
within twenty (20) days from the time of commencement.
4. Within seven (7) days after the conclusion of the hearing, a
majority of the arbitration board members shall select one of the two
last best offers as the contract of the parties. The criteria to be
used by the board in determining which offer to select shall be
limited to paragraphs 1 through 5 of Section 51-109 of this title.
The arbitration board may not modify, add to or delete from the last
best offer of either party. Written notice of the selection decision
shall be mailed or delivered to the bargaining agent and the
corporate authorities.
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B. If the city’s last best offer is not selected by the
arbitration board, that party may submit the offers which the parties
submitted to the arbitration board to the voters of the municipality
for their selection by requesting a special election for that
purpose. The request for an election must be filed with the clerk of
the municipality within ten (10) days of the date of the written
decision of the arbitration board. Written notice of the filing of
the request shall be given to the bargaining agent. If a request for
an election is not filed in a timely manner, the board’s selection
decision shall be final, and the last best offer it selected shall
constitute the agreement of the parties.
C. Upon receiving a request for an election pursuant to the
provisions of this section, the clerk shall notify the mayor and
governing body of the request. Within ten (10) days of such
notification the municipal authorities shall call for a special
election. The election shall be governed by the state laws on
special municipal elections. Only residents of the municipality
shall be eligible to vote in said election. The ballot shall inform
the voters that they must choose either the last best offer of the
bargaining agent or the last best offer of the corporate authorities.
Within twenty (20) days of the date of the decision to call for the
election, the municipal authorities and the bargaining agent shall
agree on a ballot. If no agreement is reached within that time, each
party shall present a proposed ballot to the arbitration board. The
parties shall present their ballot to the board no later than seven
(7) days after the aforementioned twenty-day period. The board shall
consider the proposed ballots and shall select one or the other
within seven (7) days of the date of receipt of the parties’ proposed
ballots. The last best offer receiving a majority of the votes shall
become the agreement of the parties.
D. Concerning issues relating to money, such ballot shall
clearly state the total dollar amount of the offer from the corporate
authority and the total dollar amount of the offer from the
bargaining agent. Such ballot shall also disclose the percentage of
increase or decrease both offers have over or under the last contract
of the two parties.
E. Agreements which are reached as a result of selection by the
arbitration board or by election shall be effective on the first day
of the fiscal year involved regardless of the date of the final
selection.
Added by Laws 1977, c. 256, § 51-108, eff. July 1, 1978. Amended by
Laws 1985, c. 148, § 3; Laws 1994, c. 139, § 1; Laws 2000, c. 358, §
1, eff. July 1, 2000; Laws 2004, c. 126, § 1, eff. Nov. 1, 2004.
§11-51-109. Factors to be considered.
The arbitrators shall conduct the hearings and render their
decision upon the basis of a prompt, peaceful and just settlement of
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all submitted disputes between the firefighters or police officers
and the corporate authorities. The factors, among others, to be
given weight by the arbitrators in arriving at a decision shall
include:
1. Comparison of wage rates, insurance, retirement, other fringe
benefits or hourly conditions of employment of the fire department or
police department in question with prevailing wage rates or hourly
conditions of employment of skilled employees of the building trades
and industry in the local operating area involved;
2. Comparison of wage rates, insurance, retirement, other fringe
benefits or hourly conditions of employment of the fire department or
police department in question with wage rates or hourly conditions of
employment maintained for the same or similar work of employees
exhibiting like or similar skills under the same or similar working
conditions in the local operating area involved;
3. Comparison of wage rates, insurance, retirement, other fringe
benefits or hourly conditions of employment of the fire department or
police department in question with wage rates or hourly conditions of
employment of fire departments or police departments in cities, towns
or other political subdivisions of comparable size and economic
status both within and without the State of Oklahoma;
4. Interest and welfare of the public and revenues available to
the municipality; or
5. Comparison of peculiarities of employment in regard to other
trades or professions, including specifically:
a. hazards of employment,
b. physical qualifications,
c. educational qualifications,
d. mental qualifications, and
e. job training and skills.
Laws 1977, c. 256, § 51-109, eff. July 1, 1978.
§11-51-110. Fees and expenses.
Fees and necessary expenses of the arbitrator selected by the
bargaining agent and the arbitrator selected by the corporate
authorities shall be borne by the bargaining agent and the corporate
authorities respectively. The reasonable fees and necessary expenses
of the third arbitrator shall be borne equally by the bargaining
agent and corporate authorities.
Laws 1977, c. 256, § 51-110, eff. July 1, 1978.
§11-51-111. Agreements - Contents.
Any agreement actually negotiated between the bargaining agent
and the corporate authorities either before or within thirty (30)
days after arbitration shall constitute the collective bargaining
contract governing fire fighters or police officers in the
municipality for the period stated therein; provided that such period
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shall not exceed one (1) year. Any collective bargaining agreement
negotiated under the terms and provisions of this article shall
specifically provide that the fire fighters or police officers who
are subject to its terms shall have no right to engage in any work
stoppage, slowdown or strike, the consideration for such provision
being the right to a resolution of disputed questions. All rules,
regulations, fiscal procedures, working conditions, departmental
practices and manner of conducting the operation and administration
of fire departments and police departments currently in effect on the
effective date of any negotiated agreement shall be deemed a part of
said agreement unless and except as modified or changed by the
specific terms of such agreement. Every such agreement shall contain
a clause establishing arbitration procedures for the immediate and
speedy resolution and determination of any dispute which may arise
involving the interpretation or application of any of the provisions
of such agreement or the actions of any of the parties thereunder.
In the absence of such negotiated procedure such dispute may be
submitted to arbitration in accordance with the provisions of
Sections 51-107 through 51-110 of this title, except that the
arbitration board shall be convened within ten (10) days after demand
therefor by the bargaining agent upon the corporate authority or
authorities. In such case the arbitration board's determination
shall be final.
Amended by Laws 1985, c. 148, § 4.
§11-51-112. Matters requiring appropriation of moneys - Notice.
Whenever wages, rates of pay or any other matters requiring
appropriation of moneys by any municipality are included as matters
of collective bargaining conducted under the provisions of this
article, it is the obligation of the bargaining agent to serve
written notice of request for collective bargaining on the corporate
authorities at least one hundred twenty (120) days before the last
day on which moneys can be appropriated by the municipality to cover
the contract period which is the subject of the collective bargaining
procedure.
Laws 1977, c. 256, § 51-112, eff. July 1, 1978.
§11-51-113. Penalties.
It shall be unlawful for any collective bargaining representative
or member of a paid fire department or police department to strike or
engage in any work stoppage; and it shall further be unlawful for any
official, executive, administrator, manager, or member of a governing
body exercising the authority to fix and determine the salaries,
hours of work, and employment conditions of any paid fire or police
department of a municipality in this state to fail to bargain in good
faith in accordance with the provisions of this article. Any person
or persons guilty of violating the provisions of this article shall
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be fined not less than Ten Dollars ($10.00) nor more than One Hundred
Dollars ($100.00) for such offense, and each day during which such
violation occurs or continues shall constitute a separate offense,
and any such conviction shall be grounds for immediate dismissal from
public employment, for any persons so employed.
Laws 1977, c. 256, § 51-113, eff. July 1, 1978.
§11-51-200. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-201. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-202. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-203. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-204. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-205. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-206. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-207. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-208. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-209. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-210. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-211. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-212. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-213. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-214. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-215. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-216. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-217. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-218. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-51-219. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
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§11-51-220. Repealed by Laws 2011, c. 131, § 1, eff. Nov. 1, 2011.
§11-52-101. Purpose.
The provisions of this article are hereby declared to be
necessary for the protection of public funds, records and property,
and to protect the public welfare of the State of Oklahoma.
Laws 1977, c. 256, § 52-101, eff. July 1, 1978.
§11-52-102. Definitions.
As used in Sections 52-101 through 52-107 of this title:
1. "Clerk", "treasurer" and "finance officer" mean any person
who is at any time responsible for the clerical or financial records,
or the keeping or making of any of them, of any city or town
government coming within the provisions of this article;
2. "Committee" means the Advisory Committee to the municipal
clerks and treasurers training division of the Oklahoma Department of
Career and Technology Education; and
3. "Division" means the municipal clerks and treasurers training
division of the Oklahoma Department of Career and Technology
Education.
Added by Laws 1977, c. 256, § 52-102, eff. July 1, 1978. Amended by
Laws 1986, c. 258, § 14, operative July 1, 1986; Laws 2001, c. 33, §
13, eff. July 1, 2001.
§11-52-103. Advisory committee created - Membership - Personnel -
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.
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C. Personnel employed by the Commission on June 30, 1986, shall
become employees of the Oklahoma Department of Career and Technology
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.
Added by Laws 1977, c. 256, § 52-103, eff. July 1, 1978. Amended by
Laws 1981, c. 80, § 1, emerg. eff. April 20, 1981; Laws 1985, c. 178,
§ 12, operative July 1, 1985; Laws 1986, c. 258, § 15, operative July
1, 1986; Laws 2001, c. 33, § 14, eff. July 1, 2001.
§11-52-104. Powers and duties.
In addition to other powers and duties conferred upon it by law,
the Oklahoma Department of Career and Technology Education shall:
1. Employ such personnel, incur such expenses, make contracts
and purchase such personal property as may be necessary for the
purposes of conducting training programs, including but not limited
to itinerant training programs and special on-the-job training
programs;
2. Accept such grants, appropriation or other monies or services
as may be available for training, research, development or
demonstration purposes in training aimed to increase the efficiency
of clerks, treasurers and finance officers and of persons under their
direction; and
3. Develop such manuals and prescribe such procedures and tests
as may be necessary for the fulfillment of the purposes of this
article, to determine criteria and to grade for the successful
completion of training.
Added by Laws 1977, c. 256, § 52-104, eff. July 1, 1978. Amended by
Laws 1986, c. 258, § 16, operative July 1, 1986; Laws 2001, c. 33, §
15, eff. July 1, 2001.
§11-52-104.1. Study to increase efficiency.
The Committee shall study and recommend such requirements and do
all other things as it may deem necessary in the development,
administration and operation of training programs to increase the
efficiency of municipal clerks, treasurers and finance officers.
Added by Laws 1986, c. 258, § 17, operative July 1, 1986.
§11-52-105. Annual certificate - Renewals - Fee.
Upon payment of the fee prescribed by the division, an annual
certificate shall be issued to any person, not less than eighteen
(18) years of age and of good moral character, who has successfully
completed the training provided for each year. Said certificate
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shall expire on June 30 next following its issuance and may be
renewed from year to year upon completion of the yearly training
program and payment of the fee. The division may refuse to renew
such certificate upon failure of an applicant during the year to
complete the training program offered or approved by it unless waived
by action of the division. Each application for a certificate or
renewal shall be accompanied by a payment of the prescribed fee.
Laws 1977, c. 256, § 52-105, eff. July 1, 1978; Laws 1986, c. 258, §
18, operative July 1, 1986; Laws 1992, c. 59, § 1, eff. July 1, 1992.
§11-52-107. Clerks' and Treasurers' Training Fund abolished.
Effective November 15, 1986, the "Clerks' and Treasurers'
Training Fund" is abolished. All monies received to the credit of
said fund shall be deposited to the State Career-Technology Fund in
the State Treasury.
Added by Laws 1977, c. 256, § 52-107, eff. July 1, 1978. Amended by
Laws 1986, c. 258, § 21, operative July 1, 1986; Laws 2001, c. 33, §
16, eff. July 1, 2001.
§11-55-103. Municipal ordinances regulating amateur radio antenna,
support structures.
A. As used in this section:
1. "Amateur radio" means the use of amateur radio and amateur
satellite radio frequencies and services by qualified and federally
authorized persons of any age who are interested in radio technique
without pecuniary interest;
2. "Antenna" means an array of wires, tubing, or the like used
for the transmission and reception of radio waves; and
3. "Antenna support structure" means a structure or framework
that is designed to elevate an antenna above the ground for the
purpose of increasing the effective communications range and
reliability of an amateur radio station. Amateur radio antenna
support structures are removable by design and therefore are a
removable structure for assessment purposes.
B. A municipal ordinance regulating amateur radio antenna or
amateur radio antenna support structures shall:
1. Comply with the requirements of 47 C.F.R., Section 97.15(b),
as amended from time to time;
2. Allow for the erection of an amateur radio antenna or an
amateur radio antenna support structure at a height and dimension
sufficient to reasonably accommodate amateur radio service
communications, and shall only constitute the minimum practicable
regulation necessary to accomplish the intent of this section; and
3. Require that, upon denial of an application for approval of
an amateur radio antenna or amateur radio antenna support structure,
the authority denying the application state the reasons for the
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denial and on appeal bear the burden of proving that the actions of
the authority are consistent with this section.
Added by Laws 2007, c. 193, § 3, eff. Nov. 1, 2007. Amended by Laws
2013, c. 126, § 1, eff. Nov. 1, 2013.
§11-56-101. Short title - Municipal Campaign Finance and Financial
Disclosure Act.
Sections 11 through 20 of this act shall be the provisions of the
Local Government Campaign Finance and Financial Disclosure Act
applicable to municipalities and shall be known as the "Municipal
Campaign Finance and Financial Disclosure Act".
Added by Laws 2014, c. 313, § 11, eff. Jan. 1, 2015.
§11-56-102. Definitions.
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 for
which Declarations of Candidacy are filed with the secretary of the
county election board as required by Sections 16-109 and 16-110 of
Title 11 of the Oklahoma Statutes; 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 Ethics Commission or the Federal
Election Commission.
Added by Laws 2014, c. 313, § 12, eff. Jan. 1, 2015.
§11-56-103. Applicability.
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 enforcement thereof,
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in which case the Municipal Campaign Finance and Financial Disclosure
Act shall not apply to the municipality. 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.
Added by Laws 2014, c. 313, § 13, eff. Jan. 1, 2015. Amended by Laws
2015, c. 334, § 1.
§11-56-104. Campaign committee organization statements.
Each campaign committee shall file a statement of organization
with the municipal clerk subject to the same requirements as set
forth for candidate committees for state office required to file
statements of organization with the Ethics Commission under Rules of
the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution, including but not limited to time
for filing and contents.
Added by Laws 2014, c. 313, § 14, eff. Jan. 1, 2015.
§11-56-105. Municipal political committee organization statements.
Every municipal political committee shall file a statement of
organization with the municipal clerk subject to the same
requirements as set forth for political committees required to file
statements of organization with the Ethics Commission under Rules of
the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution, including but not limited to time
for filing and contents.
Added by Laws 2014, c. 313, § 15, eff. Jan. 1, 2015.
§11-56-106. Contributions and expenditures reports.
Every campaign committee and every municipal political committee
shall file a report of contributions and expenditures with the
municipal clerk subject to the same requirements as set forth for
candidate committees and political action committees, respectively,
required to file reports of contributions and expenditures with the
Ethics Commission under Rules of the Ethics Commission promulgated
pursuant to Section 3 of Article XXIX of the Oklahoma Constitution,
including but not limited to time for filing and contents.
Added by Laws 2014, c. 313, § 16, eff. Jan. 1, 2015.
§11-56-107. Organization statements and contribution and expenditure
reports - Public records.
Statements of organization and reports of contributions and
expenditures required to be filed with the municipal clerk under the
Municipal Campaign Finance and Financial Disclosure Act shall be
public records. The municipal clerk shall maintain statements of
organization and reports of contributions and expenditures for four
(4) years after the date on which they are filed, if not posted on
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the municipality's website as provided herein, at which time the
documents may be destroyed or retained subject to the discretion of
the municipal clerk. If the municipality in which the statements of
organization and reports of contributions and expenditures are filed
maintains an Internet website, the municipal clerk may post on the
website copies of statements of organization and reports of
contributions and expenditures.
Added by Laws 2014, c. 313, § 17, eff. Jan. 1, 2015.
§11-56-108. Financial interest statements.
All candidates for municipal office and all elected municipal
officers shall be required to file a statement of financial interests
with the municipal clerk subject to the same requirements as set
forth for candidates for state office required to file statements of
financial interests with the Ethics Commission under Rules of the
Ethics Commission promulgated pursuant to Section 3 of Article XXIX
of the Oklahoma Constitution, including but not limited to time for
filing and contents.
Added by Laws 2014, c. 313, § 18, eff. Jan. 1, 2015.
§11-56-109. Financial interest statements - Public records.
Statements of financial interests required to be filed with the
municipal clerk under the Municipal Campaign Finance and Financial
Disclosure Act shall be public records. The municipal clerk shall
maintain statements of financial interests for four (4) years after
the date on which they are filed, if not posted on the municipality's
website as provided herein, at which time the documents may be
destroyed or retained subject to the discretion of the municipal
clerk. If the municipality in which the statements of financial
interests are filed maintains an Internet website, the municipal
clerk may post on the website copies of statements of financial
interests.
Added by Laws 2014, c. 313, § 19, eff. Jan. 1, 2015.
§11-56-110. Enforcement.
The Municipal Campaign Finance and Financial Disclosure Act shall
be enforced by the Ethics Commission in the same manner as Rules of
the Ethics Commission promulgated pursuant to Section 3 of Article
XXIX of the Oklahoma Constitution are enforced, including but not
limited to acceptance of complaints, civil prosecutions, settlement
agreements and any other compliance practices or requirements.
Complaints may be received by the Ethics Commission alleging filing
of statements or reports required to be filed under the Municipal
Campaign Finance and Financial Disclosure Act later than the
prescribed time for filing. Such complaints shall be in the same
form as other complaints. Upon receipt of such complaints of late
filing, the Ethics Commission shall investigate whether the
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allegation or allegations are true and, if so, shall assess a late
filing penalty of One Hundred Dollars ($100.00) per day, not to
exceed a maximum of One Thousand Dollars ($1,000.00) for the filing
of any statement or report. If the Ethics Commission determines the
allegation or allegations are not true, it shall take no further
action. Persons assessed a late filing fee may protest the
assessment subject to provisions of the Administrative Procedures
Act.
Added by Laws 2014, c. 313, § 20, eff. Jan. 1, 2015.
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