|
ARTICLE I.
Name, Boundaries, Powers,
Rights and Liabilities.
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.
RESOLUTION
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.
The ballot to be voted as follows:
YES
NO
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
|1|
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.
Passed and Approved this 1 day
of Feb, 1984.
George Brownlee
Mayor and President of the Board of City Commissioners
ATTEST:
Dorothy Burns
City Clerk
|2|
Return to Top
ARTICLE II
OFFICERS
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.
|3|
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.
|4|
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.
|5|
Return to Top
ARTICLE III
Powers of the City
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.
|6|
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.
|7|
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.
|8|
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.
|9|
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.
|10|
Return to Top
ARTICLE IV
REVENUE
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.
|11|
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.
|12|
Return to Top
ARTICLE V
POLICE COURT
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,
|13|
Return to Top
ARTICLE VI
ELECTIONS
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.
|14|
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.
|15|
Return to Top
ARTICLE VII
GENERAL PROVISIONS
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
|16|
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.
|17|
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.
|18|
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.
Return to Top
SCHEDULE
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.
|19|
Return to Top
This online version of
the original 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.
|
ARTICLE
I
NAMES, BOUNDARIES, POWERS, RIGHTS AND LIABILITIES
Section 1.1. 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.
Section 1.2 Powers-Rights-Liabilities. By the name of the “City of
Kingfisher” the city:
1.2.1. 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;
1.2.2. 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; 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;
1.2.3. 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;
1.2.4. 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 therefore, 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 registered voters living within the
city limits, at any special or general election, in any amount necessary
to carry out any of said powers or purposes;
1.2.5. The legislative, executive and judicial powers of the City shall
extend to all matters of local and municipal government;
1.2.6 The City shall have all the powers, functions, rights, privileges,
franchises, and immunities granted to cities by the State Constitution and
law, and all implied powers necessary to carry into execution all the
powers granted;
1.2.7. The City also shall 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;
1.2.8. 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;
1.2.9. 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;
1.2.10. Form of Government. The municipal government provided by this
Charter shall be a Commission/City manager form of home rule government,
and all powers shall be exercised in the manner prescribed by this
Charter; or if the manner is not prescribed, then in such manner as this
Commission may provide by ordinance. The powers of the City under the
Charter shall be liberally construed, and the specific mention of
particular powers shall not be construed as limiting the general power
stated in this Charter.
1.2.11. Intergovernmental Relations. The City may exercise any of its
powers or perform any of its functions, and may participate in the
financing thereof jointly with any one or more states, cities, towns, or
division or agencies thereof, or the United States, or any division
thereof.
(In the revised
Charter, the Resolution appears at the end.)
ARTICLE
II
OFFICERS
Section 2.1. 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 six months
next preceding their election; 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 2.2. 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 or her absence the Vice-mayor shall
preside, and if both shall be absent, one of the other three Commissioners
shall preside and conduct the agenda of the meetings. The Vice-mayor 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.
2.2.1 The Mayor or Vice 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 Mayor or Vice-mayor shall represent the
City of Kingfisher in governmental functions and before legislative
bodies, as to all legislation, and shall attend meetings with agents of
the state and federal government on behalf of the City of Kingfisher.
Section 2.3. The City Manager shall be appointed by the Board of
Commissioners annually, shall be chosen solely by reason of experience or
by education and shall function as the manager for such municipality as
provided by the provisions of this Charter. The contract of City Manager
shall be reviewed annually.
2.3.1 The City Manager shall prepare the annual budget, in accordance with
the provisions of the Municipal Budget Act, 11 O.S. Sec. 17-201, et seq.,
as amended, 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. A summary of the approved
budget shall be published in a Kingfisher newspaper of record.
2.3.2. The City Manager shall employ personnel and shall carry out the
policies of the Board of City Commissioners; the City Manager shall be
answerable to the Board of City Commissioners; he or she shall have no
authority to bind the City of Kingfisher by any contracts not approved and
not authorized by the Board of City Commissioners, or unless authorized by
the purchasing ordinances of the City, but shall have all general powers
of City Manager.
2.3.3. The City Manager shall be subject to the policies of the Board of
City Commissioners.
Section 2.4. The City Clerk and the City Treasurer shall be appointed by
the Board of City Commissioners annually and shall each have such duties
as may be prescribed by the Board of City Commissioners, and as provided
under state law and not inconsistent with the provisions of this Charter.
Section 2.5. The City Manager, City Treasurer, City Clerk and such other
officers and employees as the Board of Commissioners may designate before
entering upon their duties shall provide bonds for the faithful
performance of their respective duties payable to the City of Kingfisher,
in such form and in such amounts as the Board of Commissioners may
prescribe, with a surety company authorized to operate within the State.
The City of Kingfisher shall pay the premiums on such bonds.
Section 2.6. 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.
Section 2.7. The Chief of Police shall recommend for employment to the
City Manager qualified police officers to operate the department; and the
Chief of the Fire Department shall recommend to the City Manager qualified
persons to operate the Fire Department.
Section 2.8. 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 statutes 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.
Section 2.9. The Library Board, Zoning Board, Board of Adjustments or any
other Boards or Commissions that may be established shall be appointed by
the Commissioners.
Section 2.10. The Mayor and City Commissioners shall serve without salary.
The Commissioners 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, and the Mayor shall be allowed,
however, the sum of Two Hundred Dollars ($200.00) per month for expenses
or reimbursement for actual or reasonable expenses, whichever is greater,
unless changed by ordinance. The present Mayor and City Commissioners
shall receive the above stated amounts upon the passage of this charter.
On every five (5) year anniversary, of the approval of this charter the
compensation of the Mayor and the City Commissioners shall be adjusted
upward or downward according to the consumer price index.
Section 2.11. The City Manager shall receive such compensation as set by
contract and be approved by the Board of Commissioners, the same to be
paid on the same schedule as the balance of the City employees, and no
person shall be employed as City Manager without a contract setting forth
the obligations of such person to be appointed in conformity with the
established law.
Section 2.12. Any employee or officer who has been dismissed, suspended
without pay or demoted shall have the right of appeal in accordance with
the proceedings as set out in the City of Kingfisher Personnel Policy. If,
after exhausting all remedies as set forth in that Policy, the employee or
officer shall still feel aggrieved, the employee or officer may appeal, in
writing, to the Board of Commissioners, who shall hold a public hearing on
said appeal. After the Board renders its decision, such decision shall be
final.
Section 2.13. 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.
ARTICLE
III
POWERS OF THE CITY
Except as otherwise provided in this
charter, all powers of the City of Kingfisher, including the determination
of all matters of policy, shall be vested in the Board of City
Commissioners. Without limitation of the foregoing, the Board of City
Commissioners shall have power subject to the State Constitution, law and
this Charter:
Section 3.1. To appoint and remove the City Manager;
Section 3.2. To enact municipal legislation by ordinance;
Section 3.3. To adopt the budget, raise revenue and make appropriations;
and to regulate bond elections, the issuance of bonds, sinking funds, the
refunding of indebtedness, salaries, wages and other compensation of
officers and employees; and all other fiscal and business affairs of the
City of Kingfisher;
Section 3.4. To inquire into the conduct of any office, department or
agency of the City of Kingfisher government, and investigate municipal
affairs; and for this purpose, to subpoena witnesses, take testimony, and
require the production of evidence;
Section 3.5. To regulate elections and the recall;
Section 3.6. To create, change, and abolish all offices, departments and
agencies of the City of Kingfisher government other than the offices,
departments and agencies created by this Charter; and to assign additional
powers and duties consistent with this Charter to offices, departments and
agencies created by this Charter;
Section 3.7. To engage directly or indirectly in advocacy calculated to
influence legislative matters at all levels of government intended to
further the lawful purposes of the City of Kingfisher;
Section 3.8. To determine all local matters of policy, except as may be
prohibited by the Oklahoma Constitution.
Note:
Article IV has a different topic in the revised Charter.
ARTICLE
IV
PLANNING AND ZONING
Section 4.1. The City of Kingfisher shall
have full power to promote the general welfare by regulating the use of
property and by controlling the development of the City through the
exercise of the complete powers of planning and zoning within the City
Limits to the fullest extent permissible under the Constitution of the
United States and the Constitution of the State of Oklahoma. The exercise
of the powers of planning and zoning within the City shall be in pursuance
of this grant of authority, except with respect to those matters of
general State concern as to which State law controls under the State
Constitution. The City also may exercise powers of planning and zoning
granted by the State in respect to matters of general State concern, as
aforesaid, and also in respect to property situated outside the City
limits.
Section 4.2. The scope of the planning function shall include, but shall
not be limited to, the development and administration of a comprehensive
land-use plan which will provide for the careful and thoughtful
integration of residential, commercial, industrial, public and other
elements to achieve and preserve social purposes, economic values, and
aesthetic quality of the neighborhoods and of other areas that compose the
City.
Section 4.3. The City of Kingfisher shall have full authority to regulate
and restrict the location of mobile homes and manufactured housing within
the City of Kingfisher to the extent allowed a home rule city under the
Oklahoma and United States Constitutions.
Section 4.4. The City of Kingfisher shall have authority to regulate and
restrict the location of oil, gas, and disposal wells and related
appurtenances within the City, and to adopt regulations concerning oil,
gas and disposal wells and related appurtenances within the City for the
general safety and welfare of the inhabitants of the City of Kingfisher
insofar as is consistent with the Oklahoma and United States
Constitutions.
Section 4.5. The City of Kingfisher shall have the power to regulate,
restrict, and/or prohibit the operation of disposal sites for hazardous
and harmful wastes within the City of Kingfisher to the fullest extent
possible under the Oklahoma and United States Constitutions.
Note:
Article V has a different topic in the revised Charter.
ARTICLE
V
FISCAL AFFAIRS
Section 5.1. Budget. The City of
Kingfisher shall comply with the provisions of the Municipal Budget Act,
11 O.S. Sec. 17-201, et seq., as amended, unless modified by ordinance.
Section 5.2. Public Improvements. The City of Kingfisher shall comply with
the provisions of the
Public Competitive Bidding Act of 1974, 61 O.S. Sec.
101, et seq., as amended, unless modified by ordinance.
Section 5.3. Purchases and Sales. The City Manager, subject to any
regulations which the Board of Commissioners or state law may prescribe,
shall contract for and purchase, or issue purchase orders for, all
supplies, materials, and equipment for offices, departments, and agencies
of the City government. Every such contract or purchase exceeding an
amount to be established by ordinance shall require the prior approval of
the Board of Commissioners. With the approval of the Board of
Commissioners, the City Manager also shall have the authority to make
purchases on behalf of the City at state contract price, where applicable.
The City Manager also may transfer to or between offices, departments, and
agencies, or sell surplus or obsolete supplies, materials, and equipment
subject to such regulations as the Board of Commissioners may prescribe
and state law.
Section 5.4. Sale of Property in Excess of Set Amount. The sale of any
property, real or personal, or of any interest therein the value of which
exceeds an amount to be established by ordinance, shall be made only by
authority of a special ordinance other than an emergency ordinance. Such
ordinance shall be published in full in a newspaper of general circulation
within the City within ten (10) days after its passage, and shall include
a section reading substantially as follows:
“This ordinance shall be referred to a vote of the electors of the City of
Kingfisher if a proper referendum petition is properly filed within thirty
(30) days after its passage; otherwise, it shall go into effect thirty
(30) days after its passage.”
ARTICLE
VI
ELECTIONS
Section 6.1. There shall be
four City Commissioners and a Mayor to be elected as hereinafter provided.
The term of office for each Commissioner shall be 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. The
four Commissioners shall run and be elected by the qualified voters of the
City of Kingfisher at large. No Commissioner shall be eligible to serve
more than two (2) consecutive terms, as hereafter described.
6.1.1. Upon approval of this Charter, the present Commissioners shall
continue as members of the Board of Commissioners until their respective
terms expire.
Section 6.2. There shall be elected a Mayor, who shall run and be elected
by the qualified voters of the City of Kingfisher at large. The term of
office of the Mayor shall be four (4) years. The Mayor shall be eligible
to serve no more than two (2) consecutive terms, as hereafter described.
6.2.1. Upon approval of this Charter, the Mayor shall continue as a member
of the Board of Commissioners until his or her term expires.
Section 6.3. At such time as the official census of the City of Kingfisher
shall show the population of the City to be 10,000 or more, the Board of
Commissioners shall establish four (4) wards with as nearly equal
population as practicable, which shall be reapportioned at least once
every ten (10) years thereafter. The Commissioners shall then run by ward
and be elected at large. As the term of each sitting Commissioner shall
expire, the Board of Commissioners shall declare an unrepresented ward to
contain the office to be voted upon, such that there shall be an orderly
transition from the “at large” to the “ward” system of representation. A
change in the boundaries of the ward 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 after the
change until his or her term expires, although he or she may no longer
reside in the boundaries of that ward as newly constituted. The
Commissioners shall be qualified electors of their ward or City, as
appropriate, at the time of their election, but removal of a Commissioner
from one ward to another within the City after his or her election shall
not disqualify him or her from completing the term for which he or she was
elected. If a Commissioner ceases to be a resident of the City, he or she
shall thereupon cease to be a Commissioner.
Section 6.4. If a vacancy should occur in the Board of City Commissioners,
such vacancy shall be filled at the next annual election as provided by
provisions of this Charter, with the elected successor filling the
unexpired term of the retiring Commissioner or Mayor. The Board of City
Commissioners may appoint a person to fill the vacancy until the election
of a successor. Such appointment shall take effect from the date of the
qualification of the appointee and upon taking the required oath of
office.
6.4.1. For purposes of definition of “term,” any appointment to fill a
vacancy shall not be considered a “term.” A person elected to fill an
unexpired term will be considered to have filled a “term.” A term of four
(4) years is a “term.”
Section 6.5. 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 a runoff election shall be held between the two (2) persons receiving
the highest number of votes. The runoff election shall be conducted as
soon as possible subject to the statutes of the state of Oklahoma and the
rules and regulations of the State and County Election Board.
Section 6.6. All candidates for office of Commissioner or Mayor 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 6.7. 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 percent (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 or her signature his or her place of residence,
giving street and number. One of the signers of each such paper shall make
oath before an officer competent to administer oaths that the statements
therein made are true as he or she 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 the City Clerk extra help for that purpose; and the City Clerk shall
attach to said petition a 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
certificate. The Clerk shall, within ten (10) days after such amendment,
make like examination of the amended petition, and if the 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 sufficient, the Clerk
shall submit the same to the Commissioners without delay. If the petition
shall be found to be sufficient, the Commissioners shall order and fix a
date for holding said election. The election date shall be set allowing at
least sixty (60) days notice to the Kingfisher County Election Board and
on such date as is approved by said County Election Board. Notice to the
Election Board shall be given by the Commissioners within forty (40) days
from the date of the Clerk’s certificate to the Commissioners that a
sufficient petition is filed.
Note:
Article VIII has a different topic in the revised Charter.
ARTICLE
VII
ORDINANCES
Section 7.1. Enacting Clause. The
enacting clause of all ordinances passed by the Commission shall be: “Be
it ordained by the Board of Commissioners of the City of Kingfisher,” and
of all ordinances proposed by the voters under their power of initiative:
“Be it ordained by the People of the City of Kingfisher.”
Section 7. 2. Passage, Publication, When Effective. Every proposed
ordinance shall be read, either in full or by title, and a vote of a
majority of all the Commissioners shall be required for the final passage
of an ordinance. The vote on final passage of every ordinance shall be by
yeas and nays and shall be entered in the journal. Except as may be
required by this Charter for the publication of ordinances relating to
particular matters, every ordinance shall be published by title within ten
(10) days after its passage in a newspaper of general circulation in the
City. Every ordinance, except an emergency ordinance, shall become
effective thirty (30) days after its final passage unless it specifies a
later time.
Section 7.3. Emergency. An emergency ordinance is an ordinance which, in
the judgment of the Commissioners, is necessary for the immediate
preservation of peace, health, or safety, and which shall become effective
immediately upon passage and approval unless it specifies a later time.
Ever such ordinance shall contain, as part of its title, the words: “and
declaring an emergency;” and in a separate action herein called the
emergency section shall declare the emergency setting forth the general
facts constituting the emergency. The Commissioners shall vote on the
emergency section separately, and must adopt the section by a vote of at
least three-fourths (3/4) of all its members, which vote shall be by yeas
and nays and entered in the journal.
Section 7.4. Adoption by Reference. The Commissioners, by ordinance, may
adopt by reference codes, ordinances, and standards which it has power to
regulate. The City Clerk shall keep copies of every such code, ordinance,
or standard in force for distribution or sale at their approximate cost.
ARTICLE
VIII
GENERAL PROVISIONS
Section 8.1. The Mayor or Commissioner,
acting individually, 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, upon proof thereof, shall be deemed guilty of
malfeasance of office and shall be immediately removed from office and
shall be punished as the law requires.
Section 8.2. 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 percent (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 first day of March of
each year for the preceding year. Such bonus or compensation shall be
exclusive of and in addition to all lawful ad valorem 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.
8.2.1. 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
franchise holder or agent therefore, refusing to furnish such information,
the Board of Commissioners shall by ordinance, forfeit and declare void
such franchise.
Section 8.3. 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 8.4. No officer or employee of said City shall give or promise to
give to any other person, any portion of his or her 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, upon proof thereof, shall forfeit his or her office or employment
and be disqualified from being elected, appointed or employed in the
service of said City.
Section 8.5. No member of the Board of City Commissioners, Mayor or any
other Employee 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 and
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 employee of the
City. Contracts in violation of said provision shall be void.
Section 8.6. 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 8.7. Except for the 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 such matters to any subordinate of the City Manager, either
publicly or privately.
Section 8.8. 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. It shall be the responsibility of the City Clerk to maintain the
attendance roster and bring to the attention of the Board of Commissioners
the name of any person who shall exceed the allowed number of absences,
upon notification of which, the Board of Commissioners shall immediately
declare the position held by such person to be vacant.
Section 8.9. All books and records in every office and department shall be
available for public inspection in accordance with the provisions of the
Oklahoma Open Records Act, 51 O.S. Sec. 24A.1, et seq., as amended.
Section 8.10. All meetings of the Board of Commissioners, except as
otherwise authorized by law, shall be open to the public, except the Board
of Commissioners may conduct nonpublic executive sessions for those
purposes authorized by the Oklahoma Open Meetings Act.
Section 8.11. If any provision of any Article of this Charter shall be
held invalid, none of the other Articles or Sections of this Charter shall
be thereby in any way affected, impaired, or rendered inoperative, but
shall be given full force and effect, the same as if all provisions of all
Articles of this Charter were lawfully valid.
RESOLUTION NO. 295
A RESOLUTION CALLING FOR AN ELECTION IN
THE CITY OF KINGFISHER, OKLAHOMA, ON APRIL 4, 2006, FOR THE PURPOSE OF
SUBMITTING A PROPOSED REVISED CHARTER TO THE CITY OF KINGFISHER, OKLAHOMA;
AND PROVIDING FOR CONDUCT OF THE ELECTION BY THE KINGFISHER COUNTY
ELECTION BOARD.
WHEREAS, the City Commission of the City of Kingfisher, Oklahoma, has
reviewed the Charter of the City of Kingfisher and proposes to the voters
a Revised Charter as set forth on Exhibit “A”, attached hereto and
incorporated herein by reference;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
KINGFISHER, OKLAHOMA:
SECTION 1:
That an election is hereby called for April 4, 2006, to be held in the
City of Kingfisher, Oklahoma, for purposes of submittal to the qualified
voters of the City of Kingfisher the approval or rejection of the Proposed
Revised Charter. The Mayor shall call said election by proclamation, which
shall serve as Notice of Election.
SECTION 2:
That the Kingfisher County Election Board is hereby requested to conduct
said election in accordance with the Charter of the City of Kingfisher and
the Oklahoma Statutes pertaining to municipal elections, except as those
statutes are in conflict with the Charter of the City of Kingfisher, in
which case, the Charter provisions shall prevail. Absentee ballots will be
allowed, and the precinct officials, polling places, hours and rules for
said election shall be determined by the Oklahoma County Election Board in
the same manner as determined for State and County Elections.
SECTION 3:
That the issues to be voted upon are as follows:
PROPOSITION
SHALL THE REVISED CHARTER OF THE CITY OF KINGFISHER, OKLAHOMA, BE ADOPTED
AS SET FORTH IN RESOLUTION NO. 295, PUBLISHED IN FULL IN THE KINGFISHER
TIMES AND FREE PRESS, ON FEBRUARY 19, 2006, FEBRUARY 26, 2006, AND MARCH
5, 2006?
Yes (for the Revised Charter)
No (against the Revised Charter)
PASSED, APPROVED and ADOPTED this 30th day of January, 2006, after
compliance with notice requirements of the Open Meeting Law (25 O.S.
Sections 301, et.seq).
THE CITY OF KINGFISHER, OKLAHOMA
A MUNICIPAL CORPORATION
Claudette Brownlee, Mayor
ATTEST:
William Tucker, City Clerk
(SEAL)
APPROVED AS TO LEGAL FORM:
Christine Reid, City Attorney
The Revised City Charter
has been published in the Kingfisher Times and Free Press. It is presented
online as a public service. |