The Charter of the City of Kingfisher, Oklahoma

PROCLAMATION
PREAMBLE
ARTICLE I - NAME, BOUNDARIES, POWERS, RIGHTS AND LIABILITIES
RESOLUTION
ARTICLE II - OFFICERS
ARTICLE III - POWERS OF THE CITY
ARTICLE IV - REVENUE
ARTICLE V - POLICE COURT
ARTICLE VI - ELECTIONS
ARTICLE VII - GENERAL PROVISIONS
SCHEDULE

This online version of the Charter of the City of Kingfisher, Oklahoma was copied faithfully from the hard copy on file at the Kingfisher Times and Free Press. It is made available here as a service to our readers.

Note 1: Errors: Throughout the text of this online document, the designation "[sic]" follows any typographical or grammatical error found in the original document. "Sic" is an editorial term (Latin) meaning "thus" and is used to indicate that a passage from the original document, especially one containing an error or unconventional spelling, has been retained.
Note 2: Pagination: Original document page numbers have been indicated by the designation "|1|", "|2|", etc. throughout this online document.

WHEREAS, pursuant to Initiative Petition and Resolution Ninety, The Board of Commissioners of the City of Kingfisher, Kingfisher County, State of Oklahoma, directed the calling of a special election to ho hold on the 17th day of January1 1984, for the purpose of submitting to the qualified electors thereof, one proposition authorizing amendments to the Charter of said City; and

WHEREAS, it appears from the Certificates of Votes of said election that said proposition was approved by a majority of the electors voting in said election and that said Amendments to the Charter were thereby approved as required by 11 0.S. 1981, § l3-1O1, 13-107 and 13-1ll; and

WHEREAS, pursuant to the provisions of 11 O.S. 1981, § 13-1ll, the Governor of the State of Oklahoma is required to approve Charter Amendments if the same are not in conflict with the Constitution and the Laws of the State of Oklahoma.

NOW THEREFORE, I GEORGE NIGH, Governor of the State of Oklahoma, by virtue of the Constitution of the State of Oklahoma and the Statutes thereof, do hereby proclaim that the Amendments to the Charter of the City of Kingfisher, Kingfisher County, State of Oklahoma, were duly approved by the electors of said City; and I do further approve said Amendments as submitted to said electors on January 17, 1984, as not being in conflict with the Constitution and the Laws of the State of Oklahoma; said Amendments to be in full force and effect as provided by Law.

In Witness Whereof, I have hereunto set my hand and caused the Great Seal of the State of Oklahoma to be affixed.

Done at the State Capitol, in the City of Oklahoma City, this 1st day of February, in the Year of Our Lord one thousand nine hundred and eighty-four, and of the State of Oklahoma the seventy-sixth year.

George Nigh, Governor

Jeannette B. Edmondson, Secretary of State

We, the people of the city of Kingfisher, under the authority of the constitution of the State of Oklahoma, do ordain and establish this Charter for the City of Kingfisher, Oklahoma.

Section 1. Name - Boundaries.-The municipal corporation now existing and known as the "City of Kingfisher," shall remain and continue to be a body politic and corporate under the same name and with the same boundaries, with power and authority to change its boundaries in manner authorized by law.

Sec. 2. Powers - Rights - Liabilities.-By the name of the "City of Kingfisher" the city

(a) Shall have perpetual succession, and shall own, possess and hold all property, real and personal, heretofore owned, possessed, or held by the said City of Kingfisher, and shall assume, manage, and dispose of all trusts in any way connected therewith;
(b) Shall succeed to all the rights and liabilities, and shall acquire all benefits, and shall assume and pay all bonds, obligations and indebtedness of said city of Kingfisher; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy, or sell and dispose of, real and personal property;
(c) May receive bequests, gifts and donations of all kinds of property in fee simple, or in trust for public, charitable, or other purposes; and do all things and acts necessary to carry out the purpose of such gifts, bequests and donations, with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the gift, bequest or donation.
(d) Shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct and operate water-works, light plants, telephone systems, power plants, transportation systems, heating plants, cemeteries, parks and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said city and the inhabitants thereof, and any such systems, plants, or works or ways, or any contracts in relation or connection therewith, that may exist and which said city may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes;
(e) The legislative, executive and judicial powers of the City shall extend to all matters of local and municipal government, it being the intent hereof that the specifications of particular powers by any other provision of this Charter, shall never be construed as impairing the effect of the general grant of powers of local government hereby bestowed;
(f) The City shall also have all powers, privileges and functions which, by or pursuant to the Constitution of this State, have been, or could be, granted to or exercised by any City of the first class;
(g) All powers of the City shall, except as otherwise provided in this Charter, be vested in its elective officers, subject to distribution and delegation of such powers as provided in this Charter or by ordinance.
(h) The legislative powers of the City of Kingfisher shall extend to all rightful subjects of legislation not inconsistent with the Constitution of the United States, or the Constitution of the State of Oklahoma.

A Resolution for the calling and holding of a special meeting of the City of Kingfisher, Oklahoma, for the purpose of submitting to the qualified electors of said City the question of amending Article II, Article III, Article IV, Article V, Article VI, Section 1, Section 2, Section 3, Section 4, Section 5, of Article VII, Article VIII and the Schedule thereto, and combining Article III and IV of The City Charter of Kingfisher, Oklahoma, repealing all parts of the Charter, all Sections of the Charter in conflict with the proposed Amendments pertaining to Articles and Sections not amended, which shall constitute the Charter of the City of Kingfisher, Oklahoma, and Amending Amendment adopted by an initiative vote under Ordinance #499 pertaining to the salaries of City Commissioners, retaining amendment pertaining runoff elections approved by the Governor of the State of Oklahoma, January 2, 1974, providing for the effective date of the amendments in event such are approved by the voters of the City of Kingfisher, Oklahoma, and approved by the Governor of the State of Oklahoma, which proposed amendments shall be as hereinafter set forth.

Section 1. Be therefore RESOLVED that a copy of said proposed Amendments be published in a newspaper of general circulation for three (3) consecutive issues, in the City of Kingfisher) Kingfisher County, Oklahoma.
Section 2. Be it further RESOLVED, that the date for the election on said proposed amendments shall not be less than twenty (20) days, no more than thirty (30) days after the last publication.
Section 3. Be it further RESOLVED that the County Election Board shall hold and canvass said election and make its certification and that the Judges and Inspectors and Elections Officials shall be those as designated by the County Election Board, the expense of which shall be charged to the City of Kingfisher, Oklahoma.
Section 4. Be it further RESOLVED that when the Amendments of said Charter have been approved by the majority of qualified electors, in the City of Kingfisher, Oklahoma, the same shall be submitted to the Governor as provided by law and shall become effective immediately upon the approval thereof of the Governor of the State of Oklahoma.
The publisher shall certify by affidavit the proper publication of the said proposed amendments.
Section 5. Be it further RESOLVED and ORDAINED that the Mayor and President of the Board of City Commissioners of the City of Kingfisher, Oklahoma, be and is hereby authorized and directed to call a special election to be held in said City on the 17 day of January, 1984, for the purpose of submitting to the qualified electors thereof the following Propositions.
Shall Article II, Article III, Article IV, Article V, Article VI, Section 1, 2, 3, 4, 5 of Article VII, and Article VIII and the combining of Article III and IV be amended as hereinafter set forth.
That such call for said election shall be by proclamation signed by the Mayor and President of the Board of City Commissioners and attested by the City Clerk, setting forth the Proposition to be voted upon, the number and location of the polling places, the hours of opening and closing the

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polls and the names of the officers who shall conduct said election; the ballot shall set forth the Proposition to be voted upon substantially as set out in the Sections and Articles herein set forth; the return of said elections shall be made to and canvassed by the County Election Board.

Section 1. All powers conferred on the City of Kingfisher shall, unless otherwise provided in this Charter, be exercised by four Commissioners and Mayor, who shall be bona fide residents of the City of Kingfisher, Oklahoma, for the last two years next preceding their election; the four Commissioners shall be nominated and elected by the qualified voters of wards within the City of Kingfisher; the Mayor shall be both nominated and elected by the qualified voters of the City of Kingfisher at large; the Commissioners and Mayor shall have and possess such general powers as are now conferred by existing state law upon the Mayor and City Commissioners not inconsistent with the provisions of this Charter and all the additional powers hereinafter conferred by this Charter, and shall receive such compensation as elsewhere provided in this Charter.

Section 2. The Mayor shall have and possess such general powers that are now conferred by existing state law upon Mayors, not inconsistent with the provisions of this Charter, and all the additional powers hereinafter conferred by this Charter.
The Mayor shall be the executive and presiding officer at all meetings of the Commissioners and shall have the same voting privileges as Commissioners. The Mayor shall preside at all meetings, both special and general regular meetings, and in his absence one of the four Commissioners shall preside and conduct the agenda of the meetings. The Mayor Protem is to be selected by the Commissioners. A quorum shall consist of three Commissioners, one of whom may be the Mayor as presiding officer in the absence of the remaining Commissioners and with less than a quorum no official business may be conducted, except as otherwise provided in the event of a national emergency.
The Mayor shall be the representative of the City at all social and public functions, and with the attestation by the City Clerk shall sign all official documents and conveyances and instruments, which bind the City of Kingfisher.
The City Manager shall prepare the annual budget, which shall be submitted to the City Commission for approval, which shall be a balanced budget, which budget when finalized shall be attested by the Mayor as being true and correct.
The Mayor may recommend, but such recommendations carry no force of law unless adopted by the Board of Commissioners.
The Mayor may represent the City of Kingfisher in governmental functions and before legislative bodies, as to all legislation, and may attend meetings with agents of the state and federal government on behalf of the City of Kingfisher.

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Section 3. At the first meeting of the Commissioners, they shall initiate a search for a person certified as a qualified City Manager by reason of experience or by education who shall function as the manager for such municipality as provided for City Managers under state law and not inconsistent with the provisions of this Charter; shall employ personnel and shall carry out the policies of the Board of City Commissioners; and the City Manager shall be answerable to the Board of City Commissioners; he shall have no authority to bind the City of Kingfisher by any contracts not approved and not authorized by the Board of City Commissioners, but shall have all general powers of City Manager; and he shall perform such other duties as are now performed by City Managers of cities of the first class, not inconsistent with the provisions of this Charter.

There shall be created a department known as the "Police Department" under which department shall be a Chief of Police; a "Fire Department" under which department shall be a Chief of the Fire Department; and a "Municipal Building Department" under which department shall be a Municipal Building Official. The foregoing shall be nominated by the City Manager with approval of the Board of Commissioners.

The Chief of Police shall recommend for appointment to the City Manager qualified policemen to operate the department; and the Chief of the Fire Department shall recommend to the City Manager qualified persons to operate the Fire Department.

There shall be a Municipal Court which may become a Court of record upon Resolution by the Board of Commissioners, which Municipal Court shall be composed of a Judge of Municipal Court, City Attorney, Clerk and Bailiff, and such other officer as may be necessary to operate said Court as provided by the statute of the State of Oklahoma. Said Municipal Judge and City Attorney shall be appointed by the Board of Commissioners, other personnel of said Court shall be appointed by the City Manager upon recommendation of the Judge of the Municipal Court.

The Library Board, Zoning Board, Board of Adjustments or any other Boards or Commissions that may be established shall be appointed by the Commissioners.

The City Clerk and the City Treasurer shall be appointed by the Board of City Commissioners. The City Clerk and City Treasurer shall be required to give such bond as shall sufficiently and adequately cover all moneys, funds and properties handled by such officers.

Section 4. The Mayor and City Commissioners shall serve without salary. The Commissioners shall be allowed, however, the sum of Fifty Dollars ($50.00) per month for expenses or reimbursement for actual or reasonable expenses, whichever is greater. The Mayor shall be allowed, however, the sum of One Hundred Dollars ($100.00) per month for expenses or reimbursement for actual or reasonable expenses, whichever is greater.

The City Manager shall receive such compensation as by contract and be approved by the Board of Commissioners, the same to be paid monthly, and no person shall be appointed as City Manager without a contract setting forth the obligations of such person to be appointed in conformity with the established law.

Section 5. The City Manager shall he subject to the policies of the Board of City Commissioners and may be relieved of his contract for good cause shown.

Section 6. Any employee or officer shall have the right of appeal if dismissed for reasons other than for cause; and for cause, may be derelict of duty, in competency, physical inability to perform duties or violation of any law pertaining to public trust.

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Section 7. Each Commissioner, the Mayor, the City Manager, the City Clerk and the City Treasurer shall be required to take an Oath of Office in addition to the bonds required for the City Clerk and City Treasurer as stated above. The City Manager shall give such bond as shall be required by the Board of Commissioners, and each Commissioner and Mayor shall be required to give bond in the sum of Five Thousand Dollars ($5.000.00), and the payment of premium of all bonds shall be a proper charge against the City of kingfisher, and such bonds and such oaths shall be filed in the office of the County Clerk, and such bonds to be approved by the County Clerk, and such bonds shall require the faithful performance of the duties of said respective officers.

Section 8. All appointive officers provided for herein, and which will be hereafter provided for shall perform the duties prescribed by this Charter, and as may be provided by Ordinance duly passed by the Board of Commissioners, and where such duties are not specifically provided for, then such appointive officer shall perform such duties as are now required under the existing state law.

Section 9. It is hereby provided that the City of Kingfisher may become a member of any organization or agency for municipal improvement, such as Oklahoma Municipal League or the Congress of American Cities and Towns or any kindred organization which the Board of Commissioners have reason to believe would be beneficial to the well being, growth and progress of the City of Kingfisher.

Section 10. It is further provided that the City of Kingfisher may become associated with other municipalities within the county or with the region for government programs and plans where such may be permitted or required under the law of the State of Oklahoma or the United States of America, such as landfills or other situations for the health, growth and well being of the City of Kingfisher.

Section 11. In event of war or civil strife, and if it should be impossible for the Board of Commissioners to meet as a legislative body, then for the duration of the emergency the City Manager under the direction and authority of the Mayor may proceed to conduct the affairs of the City of Kingfisher until such emergency is ended and the Board of Commissioners may resume their powers.

Section 12. All provisions of Article 11 of the present Charter not herein expressly adopted are hereby repealed.

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Section 1. The City of Kingfisher shall have power, by an ordinance duly passed, to establish and maintain the City Police Department, prescribe the duties of Policemen and regulate their conduct; prevent all trespasses and breaches of peace, assault and batteries, fighting, quarreling, using abusive, profane, or insulting language, misdemeanors, and all disorderly conduct, and to punish all disorderly conduct and to punish all persons thus offending and to maintain order.

Section 2. To require all railway companies owning tracks within the city limits to keep the tracks and crossing on public highways in safe condition, prevent public crossings from being blocked, and provided [sic] penalties for non-performance thereof.

Section 3. To prevent cruel treatment of animals, to punish the abuse of animals.

Section 4. To restrain and punish vagrants, mendicants, beggars, and prostitutes.

Section 5. To control the sale, gift, barter, or exchange of cocaine, opium, morphine, and the sales thereof, marijuana, and all other drugs dangerous to the health and well being of the community, and particularly those prohibited by law.

Section 6. Prohibit and regulate the speed of railway engines and locomotives within the City limits.

Section 7. To regulate or prohibit mendicants, beggars, or other persons soliciting alms, help or other assistance upon the streets, or sidewalks of the city, prescribed the penalty by fine for non-observance.

Section 8. To prohibit the solicitation for the sale of merchandise and to provide for the license thereof.

Section 9. To tax or restrain, or regulate and prohibit the running at large of pets, and to authorize the destruction when at large, contrary to ordinance and to impose penalties upon the keepers thereof.

Section 10. To establish and regulate public grounds, including parks and areas established as parks, to prohibit the running at large of livestock, including swine, or poultry or of any kind or description, and providing for the impounding and the sale of the same, for the cost of proceedings, and to order the destruction when they cannot be sold, and to impose penalties upon the owners for violation of any ordinance or regulation.

Section 11. To regulate drinking, saloons, or other places where intoxicating liquors are sold.

Section 12. To prohibit nuisances and providing for the enforcement of ordinances prohibiting nuisances.

Section 13. To inspect weights and measures, fix standards of weights and measures, and to enforce standard measures and weights as required by statutes and providing for inspection fees as may be fixed by ordinance.

Section 14. To adopt by ordinance any statutory regulation as to personal property; to regulate crime and provide for the prevention, thereof, in any form.

Section 15. To regulate the operation of any vehicle upon the streets, parking or in areas, where the health, comfort, safety, and welfare of the people are involved.

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Section 16. To regulate the keeping of hazardous materials, where such will be contrary to the best interest of the inhabitants of the City of Kingfisher.

Section 17. To regulate air space over the City of Kingfisher, and providing restrictions, if such become necessary, and determining the space measurements, over the City of Kingfisher.

Section 18. To provide the manner, in which streets and alleys of the City may be used.

Section 19. To provide manner and method for business or private properties that may have police control and protection, providing that police officers shall have the authority to enforce Federal and State laws, when authorized by statute to do so.

Section. 20. Giving Police officers the authority to apprehend violators, within a three mile limit of the City limits of the City of Kingfisher.

Section 21. To regulate and control and prohibit the carrying of fire arms and other weapons within the City limits, provide and inflict the same punishment therefor [sic] that is now or may hereafter be provided by law, against persons unlawfully carrying weapons.

Section 22. To provide for labor for persons who are unable to or refuse to pay fines, that have been sentenced to a fine or imprisonment, to compel them to work on the streets, or other Public Works, and to make all necessary regulations concerning the same.

Section 23. To define what shall lie nuisances in the City and within three thousand (3,000) feet of the corporate limits outside the city limits, and abate such nuisance by Summary proceedings, to punish the offenders thereof by penalties, fines, imprisonment, and to provide liens for the cost of abatement and removal.

Section 24. To provide and regulate all plumbing and electrical installations by appropriate ordinances on commercial and residential property, to grant franchises, regulate cable TV installations, and such other commercial communication enterprises, which shall require restrictions or regulation.

Section 25. To inspect the construction of all buildings in the City and prescribe and enforce proper regulations in regard thereto; and locate and regulate the erection of advertising signs, telephone, telegraph, and electrical utility poles in the City.

Section 26. The City shall have power to establish, maintain, regulate, a City Jail and other means of punishment for vagrants, persons convicted of misdemeanors in the City and for juveniles, in keeping with state and federal laws.

Section 27. The City shall have the power to enforce the by-laws and ordinances of the City, by fine or imprisonment, or both; provided that no ordinance or by-laws shall provide a lessor [sic] penalty than is prescribed for the like offense by the laws of the state.

Section 28. The City of Kingfisher may provide by ordinance for the commutation of fines imposed or may require labor on streets or alleys, or other public works, public streets or alleys of the City of Kingfisher and for the collection of any fine imposed and execution may be enforced as other executions are issued in civil cases.

Section 29. Whenever the forfeiture of a franchise, right or Privilege granted to any person, firm or corporation, such as a public utility, is exercised, as provided in this Charter, the power to enforce such forfeitures shall not he vested in the Board of Commissioners, but such forfeitures, shall be enforced through a decree of a Court of competent jurisdiction.

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Section 30. FRANCHISES. The City of Kingfisher shall have the power by ordinance duly passed to regulate, operate or control the streets and alleys of City of Kingfisher.

Section 31. The City of Kingfisher shall have the power by ordinances to borrow, to construct, own, maintain, and operate, a system of waterworks, gas, electric plants, telephones, sewers, garages, other public service or public enterprise.

Section 32. The City of Kingfisher shall have power to provide means for the protection against loss from fires and shall provide for the regulation, maintenance, and support of the fire department, may prescribe fire limits, regulate and prohibit the erection of buildings in City limits, contrary to fire codes and may direct and prescribe that all buildings within fire limits, shall he constructed with fire-proof material, the kind, the character, the extent, and quality of which building and material may by ordinance be prescribed and fixed.

And shall by ordinance duly passed, adopt such rules and regulations, in relation thereto as may seem best for the public safety, comfort and protection. And may by ordinance, condemn, destroy, remove, or cause to be removed, any building or thing that seems best for the public safety, comfort and protection, and to provide liens for the cost of destruction or removal, and for the recovery of such costs by civil action, or assessment as provided by law.

Section 33. The City of Kingfisher shall have the power, by ordinance duly passed to regulate and prescribe such rules and regulation deemed advisable or necessary to protect the public health, public safety, and comfort, and for such purpose, may order and enforce curfews.

Section 34. The Board of Commissioners shall be vested with power and charged with the duty of adopting all laws and ordinances not inconsistent with the Constitution of this State and the laws thereof touching every subject matter, within a purview of local interest by this Charter. And said Board of Commissioners shall retain and control the right to govern every subject matter, which pertains to the City of Kingfisher or the inhabitants thereof, not involving territorial limits beyond the municipal boundaries of the City of Kingfisher.

Section 35. Every ordinance or resolution of the Board of Commissioners shall, before taking effect be signed by the Mayor of the City of Kingfihser [sic] and attested by the City Clerk, and shall, after five (5) days be in full force and effect, provided if an emergency is declared, the same may become in effect immediately.

Section 36. The Board of Commissioners may meet daily at the City Hall and at stated intervals, which shall not be less than once a month as shall be fixed by said Board, to consider and take under advisement, and act upon such business that may come before them.

The majority of said board shall constitute a quorum for transacting business, but no action of said Commissioners shall be effective unless upon a vote of the majority of such quorum.

No final action can be taken in any manner concerning finances, extension of boundaries or the discharge of the City Manager, without a quorum being present.

Special meetings may be called by the Mayor or a majority of the Board of Commissioners if the Mayor should refuse at any time to consider only such matters that shall be mentioned in the call for said meeting, and written notice thereof shall be given to each member of the Board. All sessions of said Board, whether regular or called shall be opened to the public.

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Section 37. The Board of Commissioners shall have the management and control of the finance of the City, except as otherwise herein provided. They shall have the power to appropriate money and provide for payment of debts and expenses of the City; to provide an appropriation by ordinance for special purposes, and to make same disbursable only for such purposes.

Section 38. The Board of Commissioners shall have the power to fund or refund as provided by law the whole or any part of the existing debts of the City, of any future debt, by acquiring and cancelling [sic] the evidence thereof, to issue other bonds in lien thereof, bearing interest at a rate not greater than the orginal [sic] indebtedness, unless it should be impossible to fund such original indebtedness at such rate of interest, then in such event, the rate of interest shall not exceed the best bid obtainable for interest rates, and to apply the same if found belonging to said series of bonds so refunded and may pay and retire any bonds, using the sinking fund therefore.

Section 39. The City Manager shall audit all accounts or claims against the City, unless he be [sic] absent or fail or refuse to do so, in which case, the Mayor shall appoint one of the Commissioners to act in his stead during his absence, audit such claims, accounts that the City Manager should fail or refuse to act upon; before payment of all accounts, the same shall be presented to the Board of Commissioners, except established salaries, may be audited and paid upon authority of the City Manager, but all claims shall be examined and approved by the Board of Commissioners at a regular meeting of said Board, or in such manner as shall be provided by the statute of the State of Oklahoma, pertaining to Cities and Towns.

An Audit of all funds and expenditures of the City, including capital accounts shall be required at least once a year and as often as the Board of City Commissioners shall determine such to be necessary. The auditor shall furnish a certificate of liability insurance satisfactory to the City Commissioners covering errors or omissions. Such audit shall be open to public inspection, in the office of the City Clerk, at any time during office hours.

Regular established and approved salaries shall he paid by and upon the authority of the City Manager, without reference to the Board of City Commissioners, but no salary increases or adjustments shall be made, without the approval of the Board of City Commissioners.

Section 40. Each Commissioner, the Judge of the Police Court, and the City Clerk and the City Attorney are thereby authorized to administer oaths in all matters concerning municipal Powers of the City.

Section 41. If a vacancy should occur in the Board of Commissioners, such vacancy shall be filled by election as now provided by provisions of the Charter, unless such term shall be less than a year, in which event, the Board of Commissioners may appoint a person to fill the vacancy, until the election of a successor, said appointment shall take effect from the date of the qualification of the appointee; and upon taking the required oath of office.

Section 42. In the event of the disability of the Mayor, or, for any reason the Mayor is absent from the City and unable to perform the duties of office, then the Mayor Protem as heretofor provided, shall act as Mayor and during such absence shall possess all the powers and perform all the duties of the Mayor.

Section 43. All ordinances, resolutions, rules and regulations now in force in the City of Kingfisher, not in conflict herewith shall remain in full force and effect until altered, amended or repealed by the Board of Commissioners and all questions arising in administering said City government not provided for herein, shall be governed by the State law and such case made and provided.

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Section 44. Publication of all legal notices shall be made in some newspaper which has general circulation and must have been with continuous circulation for a period of one year in the City of Kingfisher. All contracts for public improvement or for equipment or fixtures or street repairs, or building new streets, or any other public improvement, shall be advertised for bids and the Board of Commissioners shall accept the lowest and best bid and by lowest and best bid will consider quality, specifications, ability to perform, ability to maintain and repair. Each bid shall remain on file in the office of the City Clerk and be opened to public inspection for at least forty-eight (48) hours before any award is made to any competitive bidder, provided however, any contract for any item, not exceeding Five Thousand Dollars ($5,000.00) shall not require a bid and the City Manager may let a contract without a competitive bid, or may order a competitive bid on specifications, which will provide the highest and best quality work or material, provided however, the employment of auditor, engineers, or professional services of individuals for particular, or special work may be employed without competitive bidding, where such professional work involves only the functions of the City of Kingfisher and does not include extra territorial operation. When the bid is accepted, then the lowest bidder shall enter into a contract with the City of Kingfisher and shall give such performance bond and liability bonds as may be required by the policy of the Board of City Commissioners. No contract which involves the employment of laborers shall be accepted or approved unless satisfactory evidence is shown that public liability insurance, workman's compensation insurance is carried on all such laborers and persons who would come under liability shall require fair employment practice. And all such contracts shall hold the City of Kingfisher harmless from any and all torts.

The Board of City Commissioners may reject all bids and immediately readvertise for bids inviting competition on specifications that may vary from the original specifications and all such contracts shall have the approval of the City Attorney as to legal interpretation and law applicable thereto. The Public Works Authority of the City of Kingfisher is hereby readopted as originally approved by the inhabitants of the City of Kingfisher by vote and the City Manager shall be managing officer of said Public Works Authority. The Board of City Commissioners shall continue to be the trustees and operate under the laws of the State of Oklahoma as such trustees. And such Public Works Authority shall be a proprietary function and sufficient liability insurance shall be carried as to protect the City of Kingfisher and there shall be not less than one (1) annual audit and such other audits as may be required by the Board of City Commissioners of all funds now present or hereafter be accumulated and no transfer of funds should be made without the approval of the Board of Trustees of the Public Works Authority. All costs of operations of said Public Works Authority, including labor, and such equipment as may be required shall be first approved by the Board of Trustees of the Public Works Authority. The City Clerk shall keep all minutes of the Public Works Authority and act and function as secretary to said Board and shall have administrative functions provided by law. Emergency purchases may be made as provided by statutes without necessity of bidding, however, from the standpoint of bidding, the sections above provided shall control.

The Board of City Commissioners and the City of Kingfisher does hereby retain unto itself all authority, with respect to assessments of property or the equalization thereof as the constitution and the statute of the state shall reserve in said City and as may be provided by the legislature from time to time. All bonds heretofore issued by the Public Works Authority are hereby approved and confirmed and the Public Works Authority shall have the authority as provided by statute for the issuance of bonds to make improvements or otherwise operate the Public Works Authority.

An audit of all funds and expenditures of the City, including capital accounts, shall be required at least once a year and as often as the Board of City Commissioners shall determine such shall be necessary. Such audit shall he open to public inspection in the office of the City Clerk at any time during office hours.

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Section 1. The Board of Commissioners shall by ordinance or resolution on or before the 1st Tuesday in August each year, levy an ad valorum [sic] tax for all purposes except as herein and otherwise provided, not to exceed the limit provided by the Constitution of the State of Oklahoma, which said levy shall include the levy for park and library purposes. Said ordinance or resolution shall specify distinctly the purpose for which such tax is levied, and no tax levied and collected for one purpose shall ever be diverted to any other purpose.

Section 2. The Board of Commissioners shall on or before the first Tuesday in August of each year levy sufficient revenue to create a sinking fund to be used first, for the payment of interest coupons, as they fall due; second, for the payment of bonds as they fall due; third, for the payment of such parts of judgments as such may be required by law, provided, the said City shall not be required to pay, more than one-third (1/3) of the original amount of all judgments now outstanding in any one year.

Section 3. For the purpose of erecting public buildings in said City, the rates of taxation herein limited, may be increased and the rate of such increase and the purpose of such increase, shall be submitted to a vote of the people of such city, and a majority of the qualified voters of such City, voting at such election, shall vote therefore, provided that such increase shall not exceed the maximum allowed by legislative act of the State legislature of the assessed valuation of the taxable property of such City.

Section 4. Said City should not be allowed to become indebted in any manner for any purpose to an amount exceeding in any year, the income and revenue provided for such year without the a assent of three-fifths (3/5th) of the qualified voters, thereof. That such assent of qualified voters thereof, voting at an election to be held for that purpose, or in cases requiring such assent, shall any indebtedness he allowed to be incurred to any amount, including existing indebtedness and the aggregate exceeding five percent (5%) of the value of the taxable property therein, to be ascertained from the last assessment roll for county purposes, previous to the incurring of such indebtedness; provided that said city, in incurring any indebtedness, requiring the assent of the voters aforesaid, at the time of doing so, provide for the collection of annual tax, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal therein, within twenty-five (25) years from the time of contracting the same. Provided, however, this section shall not apply to sales tax levys [sic], voted by the majority of the qualified voters of the City of Kingfisher for special purposes enumerated in the call for such election.

Section 5. Said City may, by a majority vote of qualified voters, voting at an election to be held for that purpose, be allowed to become indebted in a larger amount than that specified in Section 4 for the purpose of purchasing or conducting public utilities, or for repairing of the same, to be owned exclusively by said City; provided, that incurring of any such indebtedness requiring the assent of the voters aforesaid, said City shall have the power to provide for and before the time for incurring such indebtedness, shall provide for the collection of annual tax in addition to other taxes provided for by this Charter, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereon within twenty-five (25) years from the time of the contract of the same.

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Section 6. Total appropriations for projects voted on by the public shall not exceed plus (+) fifteen per cent (15%) of the amount approved by the voters, otherwise additional voter approval is required before appropriations and/or project revisions can be made.

When a proposal is turned down by the voters there must be at least one (1) year before the next election can be held for the same purpose unless the Board of Commissioners declares that a state of emergency exists and only then can a modified version of a proposal be resubmitted to the voters in less than one (1) year.

The receiving directly or indirectly of any officer of said City, of any interest, profit or prerequisite, arising from the use or loan of public funds in his or her hands, or to be raised through his or her agency for City purposes, shall be deemed sufficient cause to forfeit his or her office and the person so receiving, shall then and there forfeit his or her office and be disqualified to hold the same.

Section 7. All legal process against the City in this article and all other tax and assessments provided in this Charter, except license and poll taxes if such shall be applied, shall be certified by the City Clerk to the County Clerk of Kingfisher County to he by the City and County Clerk placed with the County Assessor or any other County officer, in event offices should be eliminated or consolidated or the County Treasurer if such be the proper officer and placed on the tax rolls for collection, subject to the same penalty and collected by the County Treasurer, as is provided by law for collection of taxes, and paid by him or her to the City Treasurer, and such payments shall include all penalties collected on such City taxes, The entire amount of all city levies shall be placed upon tax rolls as one levy, to be known as "City Levy."

Section 8. The County Treasurer shall on January 15, May 15, July 15, and November 15 of each year or more often as required by the Board of Commissioners pay over to the City Treasurer all moneys and evidence of indebtedness, collected and payable to said City, which will include all penalties collected on City tax and assessment and render a full itemized statement thereof, to the Board of City Commissioners and the County Treasurer shall receive duplicate receipts from the City Treasurer of the same, and file one of said receipts with the County Clerk and the City Clerk shall enter in the book for that purpose under the proper heading all amounts for which receipts are given, provided, however, if there should be a legislative change as to proper County officers, then such officer answering the classification shall be the one transacting business for the City of Kingfisher.

Section 9. The City Treasurer, under immediate direction of the Board of Commissioners shall require every bank with which said officer makes the deposit of City funds to pay not less than the maximum interest which may be received and drawn on the average daily or monthly balances of all money in said bank or banks, belonging to said City, as may be provided by law. The City Treasurer shall not keep any money in any bank that will not make such allowances as aforesaid and the City Treasurer may take bids from banks or other institutions, properly insured, for the highest rate of interest paid on said accounts.

Section 10. The Board of Commissioners shall set up and provide for check and balance with the City auditor or such other officer of the City for the purpose of keeping an accurate accounting and report to the Board of City Commissioners at such limes as shall be required by the policy of said board.

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Section 1. Judicial Powers of the City shall be vested in a Municipal Court.

Section 2. The Municipal Court shall have jurisdiction of the criminal proceedings for a violation of any City ordinances, and all civil actions arising out of a violation of such ordinances and for the collection of any license required by any ordinance and all petit offenses and misdemeanors committed within the City and in its ordinances, or by the laws of the State of Oklahoma, of which the said Muncipal [sic] Court has jurisdiction.

Section 3. All forms of procedure shall be as provided by the law of the state, or if there be none, then by the Judge of the Municipal Court. The Judge of the Municipal Court shall have the authority to make rules and regulations for the operation of said Court.

Section 4. The Chief of Police or an officer deputized by him shall be the bailiff for said Court.

Section 5. The Judge of said Court may recommend to the City Manager, who shall appoint such clerks and deputies as shall be required to properly operate said Court and be immediately under his jurisdiction.

Section 6. All fines, penalties, forfeits, and other moneys collected by said Police Court shall be the property of the City, and shall be immediately deposited with the City Treasurer for the use of said City.

Section 7. The City shall furnish necessary dockets and all blanks and other books and papers and stationary [sic] in the transaction of the business of said Municipal Court. A complete set of records of all cases shall be entered in the docket of said Court.

Section 8. If a jury is required then the City should provide the facilities for such jury trials and such shall only be permitted if authorized by the State of Oklahoma.

Section 9. The Municipal Court shall always be open for the transacting of business excepting on Sunday,

Section 10. For traffic offenses, the Clerk of the Court shall receive fines upon pleas of guilty, and may accept bonds for appearances under such pre-set rules as shall be provided by the Judge of the Municipal Court,

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Section 1. As heretofore provided there shall be four City Commissoners [sic] and a Mayor to be elected as hereinafter provided. The position of Commissioners for the purpose of election shall be numbered as Office #1 for representation of Ward #1, Office #2 for representation of Ward #2, Office #3 for representation of Ward #3 and Office #4 for representation of Ward #4. Office #1, Ward #1 shall be comprised of that portion of Precinct #301 by the County Election Board insofar as said Ward is within the corporate limits of the City of Kingfisher. Office #2, Ward #2 shall be comprised of that portion of Precinct #302 by the County Election Board insofar as said Ward is within the corporate limits of the City of Kingfisher. Office #3, Ward #3 shall be comprised of that portion of Precinct #101 by the County Election Board insofar as said Ward is within the corporate limits of the City of Kingfisher. Office #4, Ward #4 shall be comprised of that portion of Precinct #102 as said Ward is within the corporate limits of the County Election Board of the City of Kingfisher. The present Commissioners, whose terms do not expire in 1984, shall continue as members of the Board of City Commissioners, representing Wards #3 and #4, until their respective terms expire. The new offices of #1 and #2 and the new office of Mayor to be elected at an election to be held on the 2nd Tuesday of April, 1984, after this Charter shall have been adopted and approved by the Governor.

Section 2. Office #1, Ward #1 shall be elected for a term of three (3) years and the Office #2, Ward #2 shall be elected for a term of four (4) years at the election in 1984, At the regular election in 1985 the present Commissioner whose term then expires shall be deemed to be representing Office #4, Ward #4 and that office shall then be filled for a term of four (4) years. The Commissoner [sic] whose term shall expire in 1986 shall until that time be deemed to represent Office #3, Ward #3. At the expiration of the term of the present Commissioner that office shall be re-elected for a term of four (4) years

Section 3. The term of each Commissioner shall thereafter be for four (4) years. There shall be held an annual election in said City for the purpose of electing one Commissioner on the first Tuesday of April of each and every year thereafter. The four Commissioners shall be nominated and elected by the qualified voters of Wards within the City of Kingfisher. No Commissioner shall be eligible to serve more than two (2) consecutive terms.

Section 4. At such time the County Election Board shall alter and adjust the boundaries of the voting precincts, said alteration or adjustment shall be deemed to change the boundary of the offices herein created, so long as the City of Kingfisher consists of four (4) voting precincts as established by the County Election Board. If, at any time, the County Election Board should deviate from four (4) wards for the City of Kingfisher, then and in that event, the Board of City Commissioners is hereby directed to establish four (4) wards with as nearly equal population as practicable to be reappropriated at least once every ten (10) years. A change in the boundaries of the wards shall not effect the term for which a Commissioner has been elected and a Commissioner of a ward of a certain number before the change shall continue to be the Commissioner from the ward of that number after the change until his term expires, although in fact he may no longer reside in the boundaries of that number as newly constituted. The Commissioners from the offices shall be qualified electors of their respective office at the time of their election, but removal of a Commissioner from one office or precinct to another within the city after his election shall not disqualify him from completing the term for which he was elected. If a Commissioner ceases to be a resident of the City, he shall thereupon cease to be a Commissioner.

Section 5. In the event, at any time a candidate for the office of Commissioner or Mayor shall fail to receive a majority of all votes cast, then and in that event a runoff election shall be field between the two (2) persons receiving the highest number of votes. The runoff election shall be conducted pursuant to Section 3-A of Charter Amendment Approved by the Governor January 2, 1974.

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Section. [sic] 6. At the next general election of the City there shall be elected a Mayor, who shall be nominated and elected by the qualified voters of the City of Kingfisher at large, who shall serve for a term of two (2) years with the Mayor to be re-elected at the general election each even numbered year. There shall be no restriction upon the number of terms the Mayor may serve.

Section 7. All candidates for office of Commissioner shall be non-political and shall run as independent candidates and may have their names printed on the ballot as candidates for an office to be filled at any city election, provided they file with the County Election Board a written notice as required of candidates for political office and as required for the names of independent candidates, and shall be filed with the County Election Board during the period provided by law.

Section 8. It shall be the duty of the Mayor as soon as this Charter shall have been adopted and approved by the Governor to order the election herein provided for, to issue necessary calls therefor. If, for any reason the Mayor shall fail to make such call within ten (10) days after this Charter shall have been adopted and approved by the Governor, then it shall be the duty of the Associate District Judge of Kingfisher County, Oklahoma, to issue said call for said election and to give twenty (20) days notice thereof. No person shall be entitled to vote unless he is a qualified voter in the precinct in which he offers his vote. The certificate of election of the County Election Board shall qualify such elected Commissioners and Mayor to take his or her oath of office.

Section 9. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed, equal in number to at least thirty per cent (30%) of the entire vote for all candidates for the office of Commissioner at the last preceding general municipal election, demanding an election of a successor of the person sought to be removed shall be filed with the City Clerk, which petition shall contain a general statement of the grounds, and charges for which the removal is sought. The signatures to the petition need not all be appended to one paper, but each signer shall add to his signature his place of residence, giving street and number. One of the signers of each such paper shall make an oath before an officer competent to administer oaths, that the statements therein made are true as he believes, and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. Within ten (10) days from the date of filing such petition the City Clerk shall examine and from the voters' register ascertain whether or not said petition is signed by the requisite number of qualified electors, and if necessary, the Board of Commissioners shall allow him extra help for that purpose; and he shall attach to said petition his certificate, showing the result of said examination. If by the Clerk's certificate the petition is shown to be insufficient, it may be amended within ten (10) days from the date of said certificate, The Clerk shall, within ten (10) days after such amendment, make like examination of the amended petition, and if his certificate shall show the same to be insufficient, it shall be returned to the person filing same without prejudice, however, to the filing of a new petition to the same effect. If the petition shall be deemed to be sufficient, the Clerk shall submit the same to the Commissioners without delay. If the petition shall he found to be sufficient, the Commissioners shall order and fix a date for holding said election, not less than thirty (30) days or more than forty (40) days from the date of the Clerk's certificate to the Commissioners that a sufficient petition is filed.

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Section 1. Any Commissioner who shall divert money from the proper fund to which it belongs, or shall be instrumental in so doing, or who shall transfer the same from one fund to the other, or who shall be the cause directly or indirectly of having the same diverted or transferred from the fund to which it rightfully belongs, shall be deemed guilty of malfeasance of office and shall be immediately removed from office and shall be punished as the law requires.

Section 2. All persons or corporations to whom franchises may be granted, or those hereafter renewed or extended, their successors or assigns, shall, as compensation, for the right or privilege enjoyed, pay to the City of Kingfisher, a sum not less than two per cent (2%) of the gross receipts of the business pursued by the holders of such franchise. The amount of said bonus or compensation shall be fixed by the ordinance granting the franchise and shall be payable on the second day of January of each year for the preceding year. Such bonus or compensation shall be exclusive of and in addition to all lawful advalorem [sic] taxes upon the value of the franchise or other property of the holder thereof and the lawful occupation or calling of such holder of such franchise.

Section 3. In order to ascertain the true amount of such gross receipts and to determine the amount of such bonus or compensation and for other reason or purpose relating to the business or affairs of said city, the Board of Commissioners shall have the power to examine or cause to be examined, the books, papers and documents of said franchise holder and any such francise [sic] holder or agent therefore, refusing to furnish such information, the Board of Commissioners shall by ordinance, forfeit and declare void such franchise.

Section 4. The Board of Commissioners shall require good and sufficient bonds from all contractors, with at least two good and sufficient sureties who shall be residents of the State of Oklahoma. No non-residents of the State shall ever be received as sureties on any bond, payable to the City of Kingfisher, except such Guaranty Companies as are authorized to make bonds in the State of Oklahoma and that may be satisfactory to the Board of Commissioners. When bondsmen are not residents of Kingfisher County such proof of their solvency may be required as the Board of Commissioners may deem necessary.

Section 5. No contracts shall be entered into by the Board of Commissioners until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts shall be made upon specifications. No contract shall be binding upon the city unless it has been signed by the Mayor and countersigned by the City Clerk, and the expenses thereof, charged to the proper fund liable for the payment of the same, and whenever the contracts charged to any fund equals the appropriation made therefor, no further contracts shall be signed by the Mayor or City Clerk, the payment of which would come from such fund.

Section 6. All contracts of whatever the character, pertaining to public improvements, or maintenance of public property of said city, involving an outlay in excess of Five Thousand Dollars ($5,000.00) shall be based upon specifications to be prepared and submitted to and approved by the Board of Commissioners, and after approval by the Board of Commissioners, advertisements for the proposed work, or matter embraced in the said proposed contract shall be made, inviting competitive bids for the work to be done, which advertisement shall be published in a daily newspaper not less than three (3) times, or a weekly newspaper not less than two (2) times and all bids submitted shall be scaled, and shall be opened by the Mayor, in the presence of a majority of the Board of Commissioners, and shall remain on file in the office of the City Clerk, and be open to public inspection for at least forty-eight (48) hours before any award of said work is made to any competitive bidder. Said newspaper to be of general circulation and to have been published for a period of not less than one year in said City of Kingfisher; provided, however, that the Board of Commissioners may reject any and all bids and

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may purchase materials, employ competent labor and construct or build such public improvements under the supervision of the City Manager.

Section 7. No property of any kind, churches, schools or otherwise, shall be exempt from any of the special assessments authorized by this Charter, or the laws of the State of Oklahoma for local improvements.

Section 8. All legal process against the City shall be served upon the Mayor, or Mayor Protempore [sic].

Section 9. The property, real and personal, belonging to said city, shall not be liable to be sold or appropriated under any writ of execution or cost bill, or other force sale, nor shall the funds belonging to said city in the hands of any person be liable to garnishment for any debt it may owe or funds it shall have due any person, nor shall said city be required to answer to any writ of garnishment on any account whatsoever.

Section 10. No officer or employee of said city shall give or promise to give to any other person, any portion of his compensation or any money or valuable thing or promise of employment to any person, in consideration of having been or being nominated, appointed, voted for or elected to any office or employment, and if any such promise or gift be made, shall forfeit his office or employment and be disqualified from being elected, appointed or employed in the service of said city.

Section 11. Any officer of said city who shall, while in office, accept any donation or gratuity in money or other valuable thing, either directly or indirectly from any person or corporation dealing with the City or any subordinate or employee, or from any candidate or applicant for any position as employee, or subordinate under him; shall forfeit his office and be forever disqualified from holding any position in the service of the city.

Section 12. No member of the Board of Commissioners, nor any appointive employee of the city, shall be directly or indirectly in the employ of any person, company or corporation holding or seeking to hold any franchise of the City of Kingfisher, or shall receive directly or indirectly, any wages, commission, gift or favor, or payment from any such franchise holder; and a violation of this section shall ipso facto render vacant the position held by the person so violating it, and shall be punished as bribery.

Section 13. No member of the Board of Commissioners or any other officer of said city shall be directly or indirectly financially interested in any work, business or contract, the expense, price or consideration of which is paid from the city treasury, or by any assessment levied by ordinance or resolution of the Board of Commissioners; nor be surety for any person having any contract work or business with said city for the performance of which security may be required, nor be the surety on the official bond of any officer of the city. Contracts in violation of said provision shall be void.

Section 14. The Mayor, Commissioners, or City Manager or any person who is a relative by blood or marriage of any of the officers shall not be appointed to any city office during the term for which said officers are respectively elected.

Section 15. Except for purpose of inquiry, the Commissioners and its members shall deal with the administrative services solely through the City Manager; and neither the Commissioners or any member thereof may give orders on administrative matters to any subordinate of the City Manager, either public or privately.

Section 16. If the Mayor or any member of the Board of Commissioners shall be absent for more than one-half (1/2) of all the meetings of the Board of Commissioners, regular and special, held within a period of six (6) consecutive calendar months, he or she shall thereupon cease to hold office.

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Section 17. Every officer who shall approve, allow or pay any demand on the treasury unauthorized by law or by this Charter, shall be liable to said city individually and on his official bond for the amount of the demand so illegally approved, allowed or paid.

Section 18. All books and records in every office and department except warrants in the police department, unexecuted, shall be open to the inspection of any citizen at any time during business hours.

Section 19. It shall be the official duty of every officer or person in the employ or service of said city, when it shall come to his knowledge that any contract or agreement with said city or with any officer has been or is about to be violated by the other contracting party, forthwith to report to the Board of Commissioners, all facts and information in his possession concerning such matter, and a failure to do so shall forfeit his office and remove the officer or employee therefrom.

Section 20. Any person who is a taxpayer of said city may maintain an action in the proper court, to restrain the execution of any illegal, unauthorized or fraudulent contract of said city, or prevent paying any illegal, unauthorized or fraudulent contract or agreement on behalf of said city and to restrain any disbursing officer of said city from paying any illegal, unauthorized or fraudulent contract or agreement on behalf of said city and to restrain any disbursing officer of said city from paying any illegal, unauthorized or fraudulent bills, claim or demand against said city, or any salary or compensation of any person in its administrative services, whose appointment has not been made in pursuance with the provisions of law and the regulations in force thereunder, and in case of any such illegal, unauthorized or fraudulent bills, claim or demand or any such salary or compensation which has been paid, such citizen may maintain an action in the name of said city, against the officer and his bondsmen, from making such payment, and the party receiving the same, or either to recover the amount as paid, and such amount after deducting all expenses of the action shall be paid into the city treasury. In case said taxpayer is not successful in such action he shall pay all costs. In no event shall the city ever be liable for the payment of such costs.

Section 21. The defendant shall have the right to appeal in all cases from the police court to the District Court of Kingfisher County.

Section 22. All elections for the approval of bond issues, the granting of franchises and the levying of special taxes, wherein such matters shall be submitted to the registered voters of the city shall be held at a general or special election in said City of Kingfisher. The election held to elect members of he Board of Commissioners and Mayor shall be the only elections in said city which shall be denominated general elections.

Section 23. Any officer, elective, ceasing to possess qualifications required of him at the time of his election, the office shall become vacant, and the same shall be filled as herein provided, and all such officers shall be residents of the City of Kingfisher.

Section 24. All writs, subpoenas, or other process issuing out of the police court shall run in the name of the City of Kingfisher, and may be executed and served by the Chief of Police, or policemen of said city, provided that the city shall never be made liable for the costs in any proceeding in the police court; and provided further, that such process shall not be served outside of the City of Kingfisher.

Section 25. The Board of Commissioners are [sic] hereby authorized to create a Board of Health for the City of Kingfisher. Said board shall consist of three (3) members, one of whom shall be a reputable physician, and their duties and powers shall be as defined by law.

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Section 26. The City of Kingfisher shall have and exercise such general powers over its streets, alleys, and public property and make provisions relating thereto as are now provided by law or as may be hereafter provided by law or as may be hereafter provided by ordinance.

In order that no inconvenience or injury may result, when the change in former government which now exists in the City of Kingfisher, to the form of government which will exist and be in operation in such city under the amended Charter, it is hereby provided and declared:

First: That no existing right, action, suit, proceeding, claim, or contract shall be affected by such change in the form of government, but shall continue as if no change in the form of government had taken place.

Second: That the foregoing amended Charter and the Municipal Government thereby created shall remain in abeyance after its adoption and approval, as provided in the constitution and laws of the state until after the first election and qualification of the officers, which by the provisions of the amendment to said Charter, are now required to be elected, and the present Mayor and Board of Commissioners of said City of Kingfisher shall, until after the said first election, continue to possess and exercise the power and duties imposed on them by law.

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