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OKLAHOMA STATUTES AND CODES

Title 11. Cities and Towns

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§111101.Short title. This act may be cited as the "Oklahoma Municipal Code." Laws 1977, c. 256, § 1101, eff. July 1, 1978.§111102.Definitions. As used in the Oklahoma Municipal Code: 1."Charter municipality" or "Municipality governed by charter" means any municipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a population of two thousand (2,000) or more.Once a municipal charter has been adopted and approved, it becomes the organic law of the municipality in all matters pertaining to the local government of the municipality and prevails over state law on matters relating to purely municipal concerns; 2."City" means a municipality which has incorporated as a city in accordance with the laws of this state; 3."Governing body" or "Municipal governing body" means the city council of a city, the board of trustees of a town, or the legislative body of a municipality, as it may be defined by applicable law or charter provision; 4."Mayor" means the official head of the municipal government as defined by applicable law or charter provision.The mayor is the presiding officer of the governing body in all statutory forms of municipal government, and is the chief executive officer in cities having the statutory aldermanic and statutory strongmayorcouncil forms of city government; 5."Municipality" means any incorporated city or town; 6."Officer or official" means any person who is elected to an office in municipal government or is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or appointed.When "officer" or "official" is modified by a term which refers to a personnel position or duty, the holder of the position or duty is not an officer or official of the municipality for any purpose; 7."Ordinance" means a formal legislative act of a municipal governing body which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the municipality; 8."Publish" or "Publication" means printing in a newspaper which: a.maintains an office in the municipality and is of general circulation in the municipality.If there is no such newspaper, then in any newspaper which is of general circulation in the municipality; and b.meets the requirements of a legal newspaper as provided in Section 106 of Title 25 of the Oklahoma Statutes. If there is no newspaper meeting the requirements as provided for in this paragraph, the term publish or publication shall mean posting a copy of the item to be published in ten or more public places in the municipality.When a notice is required to be published for a prescribed period of time, publishing the notice one (1) day each week during the prescribed period of publication is sufficient in accordance with Section 103 of Title 25 of the Oklahoma Statutes; 9."Quorum" means a majority of all the members of the governing body, board, or commission, including vacant positions; 10."Registered voter" means any person who is a qualified elector, as defined by the provisions of Section 1 of Article III of the Oklahoma Constitution, who resides within the limits of a municipality and who has registered to vote in the precinct of his residence; 11."Resident" means a person whose actual dwelling or primary residence is located within the corporate limits of the municipality; 12."Resolution" means a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act.A resolution is not a law and does not prescribe a permanent rule of conduct or government; and 13."Town" means a municipality which has incorporated as a town in accordance with the laws of Oklahoma. Amended by Laws 1984, c. 126, § 1, eff. Nov. 1, 1984.§111103.Saving vested rights. The provisions of this act shall not in any manner affect the rights, liability or right of action, civil or criminal, for or against any municipality in any action commenced before the effective date of this act.The adoption of this act shall not be construed to repeal or in any way affect or modify: 1.Any substantive or fixed right; 2.Any law authorizing the issuance of any outstanding bonds of any municipality; 3.Any law pursuant to which special assessments or rates or charges of any nature levied by any municipality which have not been paid in full, principal, interest, and any penalties; or 4.The running of any statute of limitation in force at the time this act becomes effective. All incomplete proceedings had and taken under any law hereby repealed or amended in the acquisition or improvement of any municipal project, the holding of any election, the creation of any special assessment or other district, the levy and collection of any taxes, special assessments, rates or charges of any sort, or the issuance of any bond or other security appertaining to a municipal project, any contract for the purchase of any such bonds or securities, which proceedings are in substantial compliance herewith, may, at the option of the municipal governing body, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions hereof. §112101.Incorporation of a municipality. A.Any community of people residing in compact form may become incorporated as a town in the manner provided in Sections 3101 through 3107 of this title.If the resident population is one thousand (1,000) or more, a town or community of people residing in compact form may become incorporated as a city in the manner provided in Sections 4101 through 4107 of this title. B.Any community which has operated as an incorporated municipality for twentyfive (25) years or more but which does not have any evidence of its articles of incorporation shall be presumed to have incorporated as the statutory form of municipal government under which it has operated.Such community may file with the Secretary of State any historical evidence of its incorporation. Notice of said filing shall be published one time.If no action challenging the presumption of incorporation is brought within sixty (60) days after publication of the notice of filing, the presumption of incorporation shall be conclusive. Amended by Laws 1984, c. 126, § 2, eff. Nov. 1, 1984.§112102.Name of incorporated town or city. An incorporated municipality may be known as the: 1."City of _________"; or 2."Town of _________"; but no municipality which changes its name or incorporates shall adopt the name of an existing municipality in this state. Laws 1977, c. 256, § 2102, eff. July 1, 1978.§112103.Municipality to be surveyed and platted. Persons intending to apply for the incorporation of a town or city shall cause a survey and plat to be made of the territory intended to be embraced within its limits.The survey shall be made by a registered land surveyor, and shall set forth the courses and distances of the boundaries, the quantity of land contained therein, and be platted into lots and blocks in accordance with Sections 41101 through 41111 of this title.The survey and plat shall be verified by the affidavit of the surveyor. Laws 1977, c. 256, § 2103, eff. July 1, 1978.§11-2-104.Restrictions on territory included in proposed municipality or plat. A.Except as otherwise provided by subsections B and C of this section, no territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000), and no territory within three (3) miles of the corporate limits of any municipality having a population less than two hundred thousand (200,000), according to the latest federal census, shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality. B.Territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) may incorporate as a new municipality if it can be proved to the board of county commissioners by documentation that the territory has historically been identified as a community of people residing in compact form.Such territory shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality. C.Territory within three (3) miles of the corporate limits of a municipality having a population of less than two hundred thousand (200,000) may incorporate as a new municipality if it can be proved to the board of county commissioners by documentation that the territory has historically been identified as a community of people residing in compact form.Such territory shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality. D.Upon application of any person or municipality affected, the district court in the county where such territory is located may afford appropriate relief for any violation of this section.Urban areas annexed by a municipality which are completely nonadjacent to the corporate limits of the municipality are not considered as within the corporate limits of that municipality for the purposes of this section. Added by Laws 1977, c. 256, § 2104, eff. July 1, 1978.Amended by Laws 2004, c. 329, § 1, eff. Nov. 1, 2004; Laws 2006, c. 301, § 1, eff. Nov. 1, 2006; Laws 2007, c. 43, § 1, eff. Nov. 1, 2007.§112105.Division into wardsNumber of wards. Persons intending to apply for incorporation of a municipality shall divide the proposed municipality into the following number of wards, having due regard to the equitable apportionment of the population and the convenience and contiguity of the wards: 1.A town shall be divided into three (3) or five (5) wards. 2.A city to be operated under the statutory aldermanic form of government shall be divided into at least four (4) wards.A city to be operated under the statutory councilmanager or statutory strongmayorcouncil form shall be divided into four (4) or six (6) wards. Laws 1977, c. 256, § 2105, eff. July 1, 1978.§112106.Incorporation procedure for municipality situated in two or more counties. If a proposed town or city is situated in two or more counties, the petition for incorporation may be presented to the board of county commissioners of any county in which any part of the proposed municipality is situated.The board shall act upon the petition in the same manner as if the proposed municipality were situated wholly within the county where the petition is presented.The county clerk shall immediately certify the proceedings relating to the incorporation of the municipality to the board of commissioners of each other county in which any part of the municipality is situated, and each board which receives this certification shall enter the proceedings upon its records. Laws 1977, c. 256, § 2106, eff. July 1, 1978.§112107.Effect of incorporationFilingJudicial noticeChallenges. The order declaring incorporation of a municipality, issued by the board of county commissioners as provided in Sections 3105, 4105 and 5104 of this title or issued by the town board of trustees as provided in Section 4103 of this title, shall be recorded in the office of the county clerk in the county in which the situs of the municipality is located and filed in the office of the Secretary of State and in the archives of the municipality.The order shall be conclusive evidence of incorporation in all suits by or against the municipality and shall be judicially noticed in all court proceedings without specifically pleading or alleging incorporation.Anyone wishing to challenge the formation, incorporation or organization of an incorporated municipality must bring action in the district court in the county in which the situs of the municipality is located within sixty (60) days after the date of the order declaring incorporation. Laws 1977, c. 256, § 2107, eff. July 1, 1978.§113101.Petition for incorporation of townNoticeContents. A.A petition for incorporation of a town shall be presented to the board of county commissioners of the county in which the proposed town is located, at the time indicated in the notice, as provided for in subsection C of this section, or as soon thereafter as the board can receive and consider it.The petition shall be: 1.In writing; and 2.Signed by at least onethird (1/3) of the registered voters residing in the proposed town as shown by the preceding general election or by at least twentyfive (25) registered voters residing in the proposed town, whichever number is greater. B.Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the proposed town.The petition shall include: 1.The name of the proposed town; 2.The survey and plat of the proposed town; 3.The resident population, including names and addresses of persons residing in the area of the proposed town not more than sixty (60) days prior to presenting the petition to the board of county commissioners; 4.The number and boundaries of the proposed town wards or, if no wards are proposed, the number of positions on the proposed board of trustees; 5.The appropriate documentation to prove that territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) has historically been identified as a community of people residing in compact form, if applicable; and 6.Affidavits verifying the facts contained in the petition. C.Not less than thirty (30) days before presenting the petition to the board of county commissioners, notice of the intent of the petitioners to apply for incorporation of a town shall be given by leaving the survey, plat, census, and description of wards, if any, in some convenient place in the proposed town for examination by those having an interest in the application. Added by Laws 1977, c. 256, § 3-101, eff. July 1, 1978.Amended by Laws 1984, c. 126, § 3, eff. Nov. 1, 1984; Laws 2004, c. 329, § 2, eff. Nov. 1, 2004.§113102.Hearing on petitionOrder of commissioners calling for election on question. Within thirty (30) days after the petition for incorporation has been presented, the board of county commissioners shall determine, either by affidavit or by oral testimony in a hearing on the petition, whether the requirements for incorporation have been fully complied with.If the board is satisfied with the petitioners' compliance, it shall call for an election for the purpose of submitting to the registered voters of the proposed town the question of whether or not such territory shall become an incorporated town.The order of the board calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election. Laws 1977, c. 256, § 3102, eff. July 1, 1978.§113103.Notice of election. At least ten (10) days' notice of the election shall be given by the board of county commissioners by publication in a newspaper of general circulation in the proposed town, and by posting a copy of the order in not less than ten (10) of the most public places in the proposed town. Laws 1977, c. 256, § 3103, eff. July 1, 1978.§113104.Conduct of electionBallots. The election shall be conducted in accordance with applicable election laws.The registered voters of the proposed town shall vote on the question of incorporation by separate ballot, which shall be substantially in the following form: For incorporation as the town of ___________ ( ) Yes. ( ) No. Laws 1977, c. 256, § 3104, eff. July 1, 1978.§113105.Canvassing returnsStatement of resultOrder of incorporation. The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify the results of the election to the board of county commissioners.If a majority of the votes cast are in favor of incorporation as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring that the town has been incorporated and naming the date for the election of town officers.The territory shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated town. Laws 1977, c. 256, § 3105, eff. July 1, 1978.§11-3-106.Notice of election of town officers - Fees and expenses. The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election of town officers.If the town is eligible to come within the provisions of the Oklahoma Town Meeting Act and a majority of the petitioners desire to comply with the provisions of the Oklahoma Town Meeting Act, the petitioners shall call the election in accordance with the provisions of the Oklahoma Town Meeting Act.Notice of any election of town officers shall be in the manner provided by law for municipal elections.All expenses for any election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the town when fully organized. Added by Laws 1977, c. 256, § 3-106, eff. July 1, 1978.Amended by Laws 1998, c. 357, § 1, eff. Jan. 1, 1999.§113107.Officers to be elected. The officers to be elected shall be those provided by law applicable to the town board of trustees form of government.These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified. §114101.Petition for incorporation of cityContents. A petition for incorporation of a city shall be filed with the board of county commissioners of the county in which the proposed city is located.The petition shall: 1.Be in writing; and 2.Be signed by at least thirtyfive percent (35%) of the registered voters residing in the proposed city, as shown by the preceding general election. Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and the signers of the petition are registered voters of the proposed city.The petition shall include:1.The name of the proposed city; 2.The survey and plat of the proposed city; 3.The resident population according to the latest federal census or other census recognized by the laws of Oklahoma, which population must be one thousand (1,000) inhabitants or more; 4.The number and boundaries of the proposed city wards; 5.A designation of the statutory form of city government that is proposed for the city when it becomes incorporated; and 6.Affidavits verifying the facts alleged in the petition. Laws 1977, c. 256, § 4101, eff. July 1, 1978.§114102.Order calling for election on questionNotice. Within thirty (30) days after filing the petition for incorporation of a city, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the proposed city the question of whether or not such town or community of people shall become an incorporated city.The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.The order shall be published in a newspaper of general circulation in the proposed city for a period of at least twenty (20) days prior to the election. Laws 1977, c. 256, § 4102, eff. July 1, 1978.§114103.Alternative procedure for incorporated towns. As an alternative procedure to filing a petition with the board of county commissioners, the board of trustees of an incorporated town, by resolution, may direct the mayor to submit the question of whether or not the town shall become a city to the registered voters of the town at a special or general election.The resolution shall:1.Divide the municipality into the required number of wards for purposes of the proposed city; 2.Designate the statutory form of city government that is proposed for the city when it becomes incorporated; and 3.Name the date for the election. If a majority of the votes cast are in favor of incorporation as a city, as certified by the county election board, the town board shall adopt a resolution declaring that the city has been incorporated and naming the date for the election of city officers. The city shall, from the date of the board's resolution, be deemed a body corporate and an incorporated city. Laws 1977, c. 256, § 4103, eff. July 1, 1978.§114104.Conduct of electionBallots. The election on the question of incorporation shall be conducted in accordance with applicable election laws.The registered voters of the proposed city shall vote on the question by separate ballot, which shall be substantially in the following form:Shall the ________ (town, community, territory) of ________ become incorporated as the city of ________ and operated under the statutory ________ (name of proposed statutory form) form of city government as provided by the laws of Oklahoma? ( ) Yes. ( ) No. Laws 1977, c. 256, § 4104, eff. July 1, 1978.§114105.Canvassing returnsCertification of resultsOrder of incorporation. The county election board shall canvass the returns of the election.Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of county commissioners the results of the election.If a majority of the votes cast are in favor of incororation as a city under the designated statutory form, the board of commissioners shall, within twenty (20) days after receiving the results of the vote, issue an order declaring that the city has been incorporated under the designated statutory form of city government and naming the date for the election of city officers.The city shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated city. Laws 1977, c. 256, § 4105, eff. July 1, 1978.§11-4-106.Notice of election of city officers - Fees and expenses. The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election.Notice of the election of city officers shall be in the manner provided by law for municipal elections.All expenses for the election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the city when fully organized. Added by Laws 1977, c. 256, § 4-106, eff. July 1, 1978.Amended by Laws 1998, c. 357, § 2, eff. Jan. 1, 1999.§114107.Officers to be elected. The officers to be elected shall be those provided by the laws governing the statutory form of city government which has been adopted.These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held in accordance with the form of government adopted, and until their successors are elected and qualified. Laws 1977, c. 256, § 4107, eff. July 1, 1978.§115101.City incorporating as a townProcedure. Any city may become an incorporated town.A petition for a city to become an incorporated town shall be filed with the board of county commissioners of the county in which the city is located. The petition shall: 1.Be in writing; and 2.Be signed by at least thirtyfive percent (35%) of the registered voters of the city, as shown by the preceding general election. The petition shall clearly express the desire of the petitioners to become incorporated as a town and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the city.The petition shall include: 1.The name of the city and of the proposed town; 2.The survey and plat of the city; 3.The resident population according to the latest federal census or other census recognized by the laws of Oklahoma; 4.The description and name of the proposed town wards; and 5.Affidavits verifying the facts alleged in the petition. Laws 1977, c. 256, § 5101, eff. July 1, 1978.§115102.Order calling for election on questionNotice. Within thirty (30) days after filing the petition for a city incorporating as a town, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the city the question of whether or not such city shall become an incorporated town.The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election.The order shall be published in a newspaper of general circulation in the city for a period of at least twenty (20) days prior to the election. Laws 1977, c. 256, § 5102, eff. July 1, 1978. 0 §115103.Election on city incorporating as townBallots. The election shall be conducted in accordance with applicable election laws.A separate ballot shall be prepared for submitting the question of whether or not the city shall become an incorporated town.The ballot shall be in substantially the following form: Shall the City of _________ become an incorporated town and be known as the Town of ________? ( ) Yes. ( ) No. Laws 1977, c. 256, § 5103, eff. July 1, 1978.§115104.Certification of resultsOrder of incorporationNotice of election of town officersFees and expenses. The county election board shall canvass the returns of the election.Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of commissioners the results of the election.If a majority of the votes cast in the election are in favor of the city incorporating as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring the town's incorporation and naming the date for the election of town officers.Notice of the election of town officers shall be in the manner provided by law for municipal elections.All expenses for the election on the question of incorporation and the election of officers shall be paid by the incorporated town. Laws 1977, c. 256, § 5104, eff. July 1, 1978.§115105.Town officers to be elected. The officers to be elected shall be those provided by law applicable to the town board of trustees form of government.These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified. Laws 1977, c. 256, § 5105, eff. July 1, 1978.§115106.Indebtedness assumed by incorporated town. All indebtedness of any nature, whether resulting from a bond issue or otherwise, shall be assumed by the incorporated town. Laws 1977, c. 256, § 5106, eff. July 1, 1978.§116101.Proposal for consolidationTerms and conditionsApproval by governing bodies. Any two or more municipalities lying adjacent to each other may consolidate and become one municipal corporation.A proposal for consolidation shall be prepared by the governing body of a municipality when: 1.A resolution of the governing body so directs; or 2.A petition signed by at least twentyfive percent (25%) of the registered voters of the municipality, as shown by the preceding general election, is filed with the governing body. The proposal shall then be submitted to the governing body of an adjacent municipality for its approval.When the proposal is approved, the governing bodies of the municipalities to be consolidated, or their representatives, shall prepare the terms and conditions of the consolidation.The terms and conditions of consolidation shall provide for the transition of officers and employees of each municipality which is to be consolidated.If each governing body approves the terms of consolidation, it shall adopt a resolution declaring its approval and shall provide for an election on the question of consolidation. Laws 1977, c. 256, § 6101, eff. July 1, 1978.§116102.BallotsElection on question. The question submitted to the registered voters of each municipality shall be substantially in the following form: Shall the municipalities of ______ and ______ (name of all municipalities to be consolidated) consolidate as the ______ (city or town) of ________ and be operated under the _____________ form of government? ( ) Yes. ( ) No. If a majority of the votes cast in each municipality are in favor of consolidation, the governing body in each municipality shall declare, by ordinance, that the consolidation has been approved and shall proceed to consolidate under the terms of consolidation.The consolidation and formation of the municipal corporation shall take effect on the date named in the terms and conditions.Upon the effective date, the municipal corporation shall be governed by laws applicable to the form of government which has been adopted. Laws 1977, c. 256, § 6102, eff. July 1, 1978.§116103.Record of consolidation. The order of each municipality declaring consolidation as a municipal corporation shall be recorded in the office of the county clerk in the county in which the situs of the consolidated municipal corporation is located and filed in the office of the Secretary of State and in the archives of the municipal corporation. Laws 1977, c. 256, § 6103, eff. July 1, 1978.§116104.Property and obligations after consolidation. All real and personal property belonging to each municipality so consolidated, and all its notes, bonds, obligations, accounts, demands, evidences of debt, rights and franchises, books, records, maps and plats shall become the property of the consolidated municipal corporation.Each municipality as it existed before consolidation shall remain liable for all its obligations and outstanding indebtedness which are due or become due on the day of the election on consolidation, and the property within such municipality shall be assessed to pay the obligations and indebtedness in the same manner as if a consolidation had not taken place.In no event shall the consolidated municipal corporation be liable for obligations existing before consolidation unless expressly provided for by the terms and conditions of consolidation. Laws 1977, c. 256, § 6104, eff. July 1, 1978.§117101.Dissolution of municipalityApplicationNotice of election on question. An application for dissolution of a municipality shall be filed with the governing body of the municipality.The application shall:1.Be in writing; 2.Set forth the reasons for the request; and 3.Be signed by not less than onethird of the registered voters residing in the municipality as shown by the preceding general election. If the governing body of the municipality determines that the reasons for dissolution are good, it shall call for an election for the purpose of submitting to the registered voters of the municipality the question of whether or not the municipality should be dissolved.Notice of the election shall be given by the governing body in the manner provided by law for municipal elections. Laws 1977, c. 256, § 7101, eff. July 1, 1978.§117102.Conduct of electionResults. Registered voters of the municipality shall vote by ballot "yes" or "no" on the question of dissolution of the municipality. The election shall be conducted in accordance with applicable election laws.If a majority of the votes are in favor of dissolution, and the votes have been cast by at least twofifths of the registered voters of the municipality (as shown by the preceding general election), a statement of the vote signed by the mayor, and attested by the clerk, shall be filed in the office of the county clerk in the county in which the situs of the municipality is located and in the office of the Secretary of State.At the expiration of six (6) months from the date of the election on the question, the municipality shall cease to be a corporation. Laws 1977, c. 256, § 7102, eff. July 1, 1978.§117103.Disposition of propertyPayment of debts and liabilitiesContract rights. The property belonging to the dissolved municipality shall be used first to pay its debts and liabilities, and then disposed of in the manner as a majority of the registered voters of the municipality shall direct in a special election on the question of disposition of property.No dissolution of an incorporated municipality shall impair the rights of any person in any contract or agreement to which the municipality is a party. Laws 1977, c. 256, § 7103, eff. July 1, 1978.§117104.Real property owned by municipality at time of dissolution. If a municipality is the owner in fee simple of real property at the time it is dissolved, and this real property is thereafter brought within the boundaries of another existing incorporated municipality, the fee simple title of this real property will divest from the dissolved municipality and vest in the existing municipality. Laws 1977, c. 256, § 7104, eff. July 1, 1978.§11-7-105.Involuntary dissolution - Grounds - Petition in district court. The district attorney for the county in which the situs of the municipal government is located may petition for involuntary dissolution of a municipality when the government of a municipality ceases to function by reason of the following: 1.General municipal elections have not been called in the municipality for two successive general municipal elections; 2.A majority of all the members of the governing body fail to qualify for two successive general municipal elections; or 3.The municipality is totally within an area subject to subsidence, environmental contamination or flooding as a result of mining operations, dam construction or natural causes beyond the control of the municipality, and said municipality is unable to meet the cost of continuing its government and maintaining its services to residents due to a reduction in population resulting from such circumstances. The petition requesting involuntary dissolution shall be filed in the district court in the county in which the situs of the municipality is located.The petition shall state the facts which justify the request and shall set forth a detailed statement of the assets and liabilities of the municipality insofar as they can be ascertained. Added by Laws 1977, c. 256, § 7-105, eff. July 1, 1978.Amended by Laws 2009, c. 224, § 1, eff. Nov. 1, 2009.§117106.Involuntary dissolutionNotice of hearing. Upon the filing of a petition for the involuntary dissolution of a municipality, the district court shall fix a date for a hearing on the request.The date of the hearing shall be not less than thirty (30) days after the date of filing.The district attorney for the county in which the situs of the municipal government is located shall give at least twenty (20) days' notice of the hearing by publication in a newspaper of general circulation in the municipality, and by posting copies of the notice in five (5) of the most public places in the municipality.The notice shall state the purpose of the petition and the date and place of the hearing. Laws 1977, c. 256, § 7106, eff. July 1, 1978.§117107.Involuntary dissolutionHearing and order. Any person owning property in or registered to vote in the municipality may appear at the hearing and give testimony for or against dissolution of the municipality.If the court finds that the government of the municipality has ceased to function because of the reasons listed in Section 7105 of this title, it shall enter an order for dissolution of the municipality.The order of the court shall state when the dissolution shall take effect and appoint a receiver, if necessary, to wind up the affairs of the municipality and dispose of its property.A record of dissolution shall be filed in the manner provided for voluntary dissolution. Laws 1977, c. 256, § 7107, eff. July 1, 1978.§118101.Qualifications for elected office. A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards.If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality. Laws 1977, c. 256, § 8101, eff. July 1, 1978.§118102.Term of office. Unless otherwise provided for by law, the term of office of an elected municipal official shall be four (4) years.The term of office of an elected official shall begin at 12:00 noon on the second Monday following the general municipal election, and such official shall serve until his successor is elected and qualified. If a newly elected official does not qualify within thirty (30) days after his term of office begins, the office shall become vacant and shall be filled in the manner provided by law.In order to complete the unexpired term, the office of an official who is holding over shall be filled at the next general election in compliance with the provisions of Sections 16101 through 16213 of this title. Amended by Laws 1984, c. 126, § 4, eff. Nov. 1, 1984.§118103.Oath of office. Any officer, elected or appointed, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the Oklahoma Constitution.The oath or affirmation shall be filed in the office of the municipal clerk. Laws 1977, c. 256, § 8103, eff. July 1, 1978.§118104.Who may administer oaths. All officers authorized by state law, the mayor, the municipal clerk, the city manager, the municipal judge or judges and such other officers as the municipal governing body may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the municipality. Laws 1977, c. 256, § 8104, eff. July 1, 1978.§118105.Certain officers to give bond. The municipal governing body shall require the municipal treasurer, any officer or employee designated by ordinance to sign municipal warrants or municipal checks, and any other officers and employees as the governing body may designate by ordinance, to give bond for the faithful performance of his duties within ten (10) days after his election or appointment, in such amount and form as the governing body shall prescribe.The municipality shall pay the premiums on such bonds. Laws 1977, c. 256, § 8105, eff. July 1, 1978; Laws 1992, c. 371, § 1, eff. July 1, 1992.§118106.NepotismDual office holding. No elected or appointed official or other authority of the municipal government shall appoint or elect any person related by affinity or consanguinity within the third degree to any governing body member or to himself or, in the case of a plural authority, to any one of its members to any office or position of profit in the municipal government.The provisions of this section shall not prohibit an officer or employee already in the service of the municipality from continuing in such service or from promotion therein. A person may hold more than one office or position in a municipal government as the governing body may ordain.A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office. Amended by Laws 1984, c. 126, § 5, eff. Nov. 1, 1984.§118107.Removal of officers. A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby. Laws 1977, c. 256, § 8107, eff. July 1, 1978.§118108.Absence from governing body meetings. Whenever a member of the municipal governing body is absent from more than onehalf of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office. Laws 1977, c. 256, § 8108, eff. July 1, 1978.§118109.Vacancies in office. A.When a vacancy occurs in an office of an elected municipal official except the mayor, the governing body shall appoint, by a majority vote of the remaining members, a person to fill the vacancy until the next general municipal election, or the next biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act, Section 16301 et seq. of this title, and to serve until a successor is elected and qualified.Any vacancy shall then be filled at the next general municipal election or biennial town meeting by election of a person to complete the balance of any unexpired term. If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election or a special town meeting for the purpose of filling the vacancy for the duration of the unexpired term unless said vacancy occurs or said election would occur within one hundred twenty (120) days prior to the first day of the filing period for the next general municipal election or within one hundred twenty (120) days prior to the next biennial town meeting. If a vacancy is not filled by the special election or at a special town meeting, it shall be filled by appointment as provided for in this subsection. B.If a majority of the offices of a governing body become vacant more than sixty (60) days before the beginning of a regular filing period for general municipal elections or more than sixty (60) days before the biennial town meeting, the remaining members of the governing body shall call for a special election or a special town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, to be held as soon as possible in the municipality for the purpose of filling all vacant offices for the remainder of their unexpired terms if the election or town meeting can be held more than sixty (60) days before the beginning of the filing period for the general election or more than sixty (60) days before the next biennial town meeting.The remaining members of the governing body may pay claims in accordance with Section 17102 of this title and, when necessary to avoid financial loss or injury to a person or property, may take any action otherwise authorized for the governing body except the enactment of an ordinance. C.If all the offices of the governing body become vacant, the municipal clerk or acting municipal clerk shall be the interim mayor until a member of the governing body is elected and qualified.If there is no municipal clerk or acting municipal clerk in office, the municipal treasurer shall serve as interim mayor and acting municipal clerk.If there is no municipal officer in office, the Governor may appoint a registered voter of the municipality as interim mayor and acting municipal clerk.The appointed interim mayor shall give bond for the faithful performance of his duties within ten (10) days after his appointment.The municipality shall pay the premium on the bond. D.The interim mayor shall exercise the authority of the governing body for only those purposes set out in this section. 1.Within five (5) days of the occurrence of the last vacancy, the interim mayor shall call a special election or a special town meeting, if the municipality is subject to the provisions of the Oklahoma Town Meeting Act, for the purpose of filling the unexpired terms in accordance with subsection B of this section.If all of the offices of the governing body become vacant sixty (60) days or less before the beginning of a regular filing period for general elections or sixty (60) days or less before the next biennial town meeting, the interim mayor shall call the regular general election or the biennial town meeting, whichever is appropriate.If the interim mayor fails or refuses to call an election or town meeting, whichever is appropriate, the board of county commissioners of the county in which the municipality is located shall call the election or town meeting.The county sheriff, or his deputy, shall attend any town meeting called by the board of county commissioners and, if the interim mayor fails to conduct the meeting, shall moderate the meeting.The interim mayor or the sheriff or deputy who is moderating the meeting is authorized to appoint a registered voter of the municipality to take the minutes of the meeting.If the vacancies are not filled by the election or town meeting called for the purpose, the Governor may appoint registered voters of the municipality to fill the vacancies without regard to wards for the balance of the unexpired term. 2.The interim mayor may pay claims in accordance with subsection C of Section 17102 of this title.The interim mayor shall submit a list of such payments to the governing body of the municipality no later than the second regular meeting after the vacancies are filled. E.To be eligible for appointment to fill a vacancy in an elected municipal office a person must meet the same qualifications required for filing a declaration for candidacy for that office. Amended by Laws 1984, c. 126, § 6, eff. Nov. 1, 1984; Laws 1988, c. 105, § 16, eff. Nov. 1, 1988; Laws 1989, c. 255, § 1, emerg. eff. May 19, 1989.§11-8-110.Candidacy of municipal officer for county or state office - Resignation. Any member of a municipal governing body, the city or town clerk, and the city marshal shall be eligible to become a candidate for a county or state office without resigning from the office held by the officer. Added by Laws 1977, c. 256, § 8-110, eff. July 1, 1978.Amended by Laws 2004, c. 47, § 1.§118111.Abstinence in voting in certain meetings. If a member of the governing body of a municipality abstains from voting, he shall be deemed to have cast a negative vote, which shall be recorded in the minutes. Added by Laws 1984, c. 126, § 7, eff. Nov. 1, 1984.§118112.Resignation of municipal officer. A municipal officer may resign by submitting his written resignation to the governing body of the municipality, to the remaining members of the municipal governing body if some positions are vacant, to the interim mayor or, if all positions of the governing body will become vacant upon the resignation, to the board of county commissioners of the county in which the municipality is located.Delivery of the written resignation to the governing body during a public meeting of such body or to the municipal clerk by mail or personal delivery during regular office hours shall constitute submission of the resignation to the municipal governing body.Delivery of the written resignation to the board of county commissioners during a public meeting of the commissioners or to the county clerk by mail or hand delivery during regular office hours shall constitute submission of the resignation to the board of county commissioners.A resignation submitted by a municipal officer may be withdrawn in writing at any time prior to the effective date stated in the resignation.If no effective date is stated, the resignation shall be effective immediately.Acceptance by the governing body shall not be required for the resignation to be effective. Added by Laws 1984, c. 126, § 8, eff. Nov. 1, 1984. Amended by Laws 1988, c. 105, § 17, eff. Nov. 1, 1988.§11-8-113.Prohibited business activities with municipality - Exceptions - Definitions - Violations - Employees of financial institutions. A.Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in: 1.Selling, buying, or leasing property, real or personal, to or from the municipality; 2.Contracting with the municipality; or 3.Buying or bartering for or otherwise engaging in any manner in the acquisition of any bonds, warrants, or other evidence of indebtedness of the municipality. B.The provisions of this section shall not apply to any officer or employee of any municipality of this state with a population of not more than two thousand five hundred (2,500) according to the latest Federal Decennial Census, who has a proprietary interest in a business which is the only business of that type within five (5) miles of the corporate limits of the municipality.However, any activities permitted by this subsection shall not exceed Five Hundred Dollars ($500.00) for any single activity and shall not exceed Ten Thousand Dollars ($10,000.00) for all activities in any calendar year.Provided, however, such activity may exceed Ten Thousand Dollars ($10,000.00) per year if the municipality purchases items therefrom that are regularly sold to the general public in the normal course of business and the price charged to the municipality by the business does not exceed the price charged to the general public. C.For purposes of this section, “employee” means any person who is employed by a municipality more than ten (10) hours in a week for more than thirteen (13) consecutive weeks and who enters into, recommends or participates in the decision to enter into any transaction described in subsection A of this section.Any person who receives wages, reimbursement for expenses, or emoluments of any kind from a municipality, any spouse of the person, or any business in which the person or spouse has a proprietary interest shall not buy or otherwise become interested in the transfer of any surplus property of a municipality or a public trust of which the municipality is beneficiary unless the surplus property is offered for sale to the public after notice of the sale is published. D.For purposes of this section, “proprietary interest” means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust. E.Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor.Any transaction entered into in violation of the provisions of this section is void.Any mem
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  • §111101. Short title. 

    This act may be cited as the "Oklahoma Municipal Code." 

    Laws 1977, c. 256, § 1101, eff. July 1, 1978.  

    §111102. Definitions. 

    As used in the Oklahoma Municipal Code: 

    1. "Charter municipality" or "Municipality governed by charter" means any municipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a population of two thousand (2,000) or more. Once a municipal charter has been adopted and approved, it becomes the organic law of the municipality in all matters pertaining to the local government of the municipality and prevails over state law on matters relating to purely municipal concerns; 

    2. "City" means a municipality which has incorporated as a city in accordance with the laws of this state; 

    3. "Governing body" or "Municipal governing body" means the city council of a city, the board of trustees of a town, or the legislative body of a municipality, as it may be defined by applicable law or charter provision; 

    4. "Mayor" means the official head of the municipal government as defined by applicable law or charter provision. The mayor is the presiding officer of the governing body in all statutory forms of municipal government, and is the chief executive officer in cities having the statutory aldermanic and statutory strongmayorcouncil forms of city government; 

    5. "Municipality" means any incorporated city or town; 

    6. "Officer or official" means any person who is elected to an office in municipal government or is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or appointed. When "officer" or "official" is modified by a term which refers to a personnel position or duty, the holder of the position or duty is not an officer or official of the municipality for any purpose; 

    7. "Ordinance" means a formal legislative act of a municipal governing body which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the municipality; 

    8. "Publish" or "Publication" means printing in a newspaper which: 

    a.  maintains an office in the municipality and is of general circulation in the municipality. If there is no such newspaper, then in any newspaper which is of general circulation in the municipality; and 

    b.  meets the requirements of a legal newspaper as provided in Section 106 of Title 25 of the Oklahoma Statutes. 

    If there is no newspaper meeting the requirements as provided for in this paragraph, the term publish or publication shall mean posting a copy of the item to be published in ten or more public places in the municipality. When a notice is required to be published for a prescribed period of time, publishing the notice one (1) day each week during the prescribed period of publication is sufficient in accordance with Section 103 of Title 25 of the Oklahoma Statutes; 

    9. "Quorum" means a majority of all the members of the governing body, board, or commission, including vacant positions; 

    10. "Registered voter" means any person who is a qualified elector, as defined by the provisions of Section 1 of Article III of the Oklahoma Constitution, who resides within the limits of a municipality and who has registered to vote in the precinct of his residence; 

    11. "Resident" means a person whose actual dwelling or primary residence is located within the corporate limits of the municipality; 

    12. "Resolution" means a special or temporary act of a municipal governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule of conduct or government; and 

    13. "Town" means a municipality which has incorporated as a town in accordance with the laws of Oklahoma. 

    Amended by Laws 1984, c. 126, § 1, eff. Nov. 1, 1984.  

    §111103. Saving vested rights. 

    The provisions of this act shall not in any manner affect the rights, liability or right of action, civil or criminal, for or against any municipality in any action commenced before the effective date of this act. The adoption of this act shall not be construed to repeal or in any way affect or modify: 

    1. Any substantive or fixed right; 

    2. Any law authorizing the issuance of any outstanding bonds of any municipality; 

    3. Any law pursuant to which special assessments or rates or charges of any nature levied by any municipality which have not been paid in full, principal, interest, and any penalties; or 

    4. The running of any statute of limitation in force at the time this act becomes effective. 

    All incomplete proceedings had and taken under any law hereby repealed or amended in the acquisition or improvement of any municipal project, the holding of any election, the creation of any special assessment or other district, the levy and collection of any taxes, special assessments, rates or charges of any sort, or the issuance of any bond or other security appertaining to a municipal project, any contract for the purchase of any such bonds or securities, which proceedings are in substantial compliance herewith, may, at the option of the municipal governing body, be completed hereunder the same as if such incomplete proceedings had been had and taken pursuant to the provisions hereof. 

    §112101. Incorporation of a municipality. 

    A. Any community of people residing in compact form may become incorporated as a town in the manner provided in Sections 3101 through 3107 of this title. If the resident population is one thousand (1,000) or more, a town or community of people residing in compact form may become incorporated as a city in the manner provided in Sections 4101 through 4107 of this title. 

    B. Any community which has operated as an incorporated municipality for twentyfive (25) years or more but which does not have any evidence of its articles of incorporation shall be presumed to have incorporated as the statutory form of municipal government under which it has operated. Such community may file with the Secretary of State any historical evidence of its incorporation. Notice of said filing shall be published one time. If no action challenging the presumption of incorporation is brought within sixty (60) days after publication of the notice of filing, the presumption of incorporation shall be conclusive. 

    Amended by Laws 1984, c. 126, § 2, eff. Nov. 1, 1984.  

    §112102. Name of incorporated town or city. 

    An incorporated municipality may be known as the: 

    1. "City of _________"; or 

    2. "Town of _________"; 

    but no municipality which changes its name or incorporates shall adopt the name of an existing municipality in this state. 

    Laws 1977, c. 256, § 2102, eff. July 1, 1978.  

    §112103. Municipality to be surveyed and platted. 

    Persons intending to apply for the incorporation of a town or city shall cause a survey and plat to be made of the territory intended to be embraced within its limits. The survey shall be made by a registered land surveyor, and shall set forth the courses and distances of the boundaries, the quantity of land contained therein, and be platted into lots and blocks in accordance with Sections 41101 through 41111 of this title. The survey and plat shall be verified by the affidavit of the surveyor. 

    Laws 1977, c. 256, § 2103, eff. July 1, 1978.  

    §11-2-104. Restrictions on territory included in proposed municipality or plat. 

    A. Except as otherwise provided by subsections B and C of this section, no territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000), and no territory within three (3) miles of the corporate limits of any municipality having a population less than two hundred thousand (200,000), according to the latest federal census, shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality. 

    B. Territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) may incorporate as a new municipality if it can be proved to the board of county commissioners by documentation that the territory has historically been identified as a community of people residing in compact form. Such territory shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality. 

    C. Territory within three (3) miles of the corporate limits of a municipality having a population of less than two hundred thousand (200,000) may incorporate as a new municipality if it can be proved to the board of county commissioners by documentation that the territory has historically been identified as a community of people residing in compact form. Such territory shall be included in the survey and plat provided in Section 2-103 of this title or incorporated as a new municipality. 

    D. Upon application of any person or municipality affected, the district court in the county where such territory is located may afford appropriate relief for any violation of this section. Urban areas annexed by a municipality which are completely nonadjacent to the corporate limits of the municipality are not considered as within the corporate limits of that municipality for the purposes of this section. 

    Added by Laws 1977, c. 256, § 2104, eff. July 1, 1978. Amended by Laws 2004, c. 329, § 1, eff. Nov. 1, 2004; Laws 2006, c. 301, § 1, eff. Nov. 1, 2006; Laws 2007, c. 43, § 1, eff. Nov. 1, 2007. 

     

    §112105. Division into wards Number of wards. 

    Persons intending to apply for incorporation of a municipality shall divide the proposed municipality into the following number of wards, having due regard to the equitable apportionment of the population and the convenience and contiguity of the wards: 

    1. A town shall be divided into three (3) or five (5) wards. 

    2. A city to be operated under the statutory aldermanic form of government shall be divided into at least four (4) wards. A city to be operated under the statutory councilmanager or statutory strongmayorcouncil form shall be divided into four (4) or six (6) wards. 

    Laws 1977, c. 256, § 2105, eff. July 1, 1978.  

    §112106. Incorporation procedure for municipality situated in two or more counties. 

    If a proposed town or city is situated in two or more counties, the petition for incorporation may be presented to the board of county commissioners of any county in which any part of the proposed municipality is situated. The board shall act upon the petition in the same manner as if the proposed municipality were situated wholly within the county where the petition is presented. The county clerk shall immediately certify the proceedings relating to the incorporation of the municipality to the board of commissioners of each other county in which any part of the municipality is situated, and each board which receives this certification shall enter the proceedings upon its records. 

    Laws 1977, c. 256, § 2106, eff. July 1, 1978.  

    §112107. Effect of incorporation Filing Judicial notice Challenges. 

    The order declaring incorporation of a municipality, issued by the board of county commissioners as provided in Sections 3105, 4105 and 5104 of this title or issued by the town board of trustees as provided in Section 4103 of this title, shall be recorded in the office of the county clerk in the county in which the situs of the municipality is located and filed in the office of the Secretary of State and in the archives of the municipality. The order shall be conclusive evidence of incorporation in all suits by or against the municipality and shall be judicially noticed in all court proceedings without specifically pleading or alleging incorporation. Anyone wishing to challenge the formation, incorporation or organization of an incorporated municipality must bring action in the district court in the county in which the situs of the municipality is located within sixty (60) days after the date of the order declaring incorporation. 

    Laws 1977, c. 256, § 2107, eff. July 1, 1978.  

    §113101. Petition for incorporation of town Notice Contents. 

    A. A petition for incorporation of a town shall be presented to the board of county commissioners of the county in which the proposed town is located, at the time indicated in the notice, as provided for in subsection C of this section, or as soon thereafter as the board can receive and consider it. The petition shall be: 

    1. In writing; and 

    2. Signed by at least onethird (1/3) of the registered voters residing in the proposed town as shown by the preceding general election or by at least twentyfive (25) registered voters residing in the proposed town, whichever number is greater. 

    B. Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the proposed town. The petition shall include: 

    1. The name of the proposed town; 

    2. The survey and plat of the proposed town; 

    3. The resident population, including names and addresses of persons residing in the area of the proposed town not more than sixty (60) days prior to presenting the petition to the board of county commissioners; 

    4. The number and boundaries of the proposed town wards or, if no wards are proposed, the number of positions on the proposed board of trustees; 

    5. The appropriate documentation to prove that territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000) has historically been identified as a community of people residing in compact form, if applicable; and 

    6. Affidavits verifying the facts contained in the petition. 

    C. Not less than thirty (30) days before presenting the petition to the board of county commissioners, notice of the intent of the petitioners to apply for incorporation of a town shall be given by leaving the survey, plat, census, and description of wards, if any, in some convenient place in the proposed town for examination by those having an interest in the application. 

    Added by Laws 1977, c. 256, § 3-101, eff. July 1, 1978. Amended by Laws 1984, c. 126, § 3, eff. Nov. 1, 1984; Laws 2004, c. 329, § 2, eff. Nov. 1, 2004. 

     

    §113102. Hearing on petition Order of commissioners calling for election on question. 

    Within thirty (30) days after the petition for incorporation has been presented, the board of county commissioners shall determine, either by affidavit or by oral testimony in a hearing on the petition, whether the requirements for incorporation have been fully complied with. If the board is satisfied with the petitioners' compliance, it shall call for an election for the purpose of submitting to the registered voters of the proposed town the question of whether or not such territory shall become an incorporated town. The order of the board calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election. 

    Laws 1977, c. 256, § 3102, eff. July 1, 1978.  

    §113103. Notice of election. 

    At least ten (10) days' notice of the election shall be given by the board of county commissioners by publication in a newspaper of general circulation in the proposed town, and by posting a copy of the order in not less than ten (10) of the most public places in the proposed town. 

    Laws 1977, c. 256, § 3103, eff. July 1, 1978.  

    §113104. Conduct of election Ballots. 

    The election shall be conducted in accordance with applicable election laws. The registered voters of the proposed town shall vote on the question of incorporation by separate ballot, which shall be substantially in the following form: 

    For incorporation as the town of ___________ 

    ( ) Yes. 

    ( ) No. 

    Laws 1977, c. 256, § 3104, eff. July 1, 1978.  

    §113105. Canvassing returns Statement of result Order of incorporation. 

    The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify the results of the election to the board of county commissioners. If a majority of the votes cast are in favor of incorporation as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring that the town has been incorporated and naming the date for the election of town officers. The territory shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated town. 

    Laws 1977, c. 256, § 3105, eff. July 1, 1978.  

    §11-3-106. Notice of election of town officers - Fees and expenses. 

    The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election of town officers. If the town is eligible to come within the provisions of the Oklahoma Town Meeting Act and a majority of the petitioners desire to comply with the provisions of the Oklahoma Town Meeting Act, the petitioners shall call the election in accordance with the provisions of the Oklahoma Town Meeting Act. Notice of any election of town officers shall be in the manner provided by law for municipal elections. All expenses for any election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the town when fully organized. 

    Added by Laws 1977, c. 256, § 3-106, eff. July 1, 1978. Amended by Laws 1998, c. 357, § 1, eff. Jan. 1, 1999. 

     

    §113107. Officers to be elected. 

    The officers to be elected shall be those provided by law applicable to the town board of trustees form of government. These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified. 

    §114101. Petition for incorporation of city Contents. 

    A petition for incorporation of a city shall be filed with the board of county commissioners of the county in which the proposed city is located. The petition shall: 

    1. Be in writing; and 

    2. Be signed by at least thirtyfive percent (35%) of the registered voters residing in the proposed city, as shown by the preceding general election. 

    Each petition shall be on a separate sheet and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and the signers of the petition are registered voters of the proposed city. The petition shall include: 1. The name of the proposed city; 

    2. The survey and plat of the proposed city; 

    3. The resident population according to the latest federal census or other census recognized by the laws of Oklahoma, which population must be one thousand (1,000) inhabitants or more; 

    4. The number and boundaries of the proposed city wards; 

    5. A designation of the statutory form of city government that is proposed for the city when it becomes incorporated; and 

    6. Affidavits verifying the facts alleged in the petition. 

    Laws 1977, c. 256, § 4101, eff. July 1, 1978.  

    §114102. Order calling for election on question Notice. 

    Within thirty (30) days after filing the petition for incorporation of a city, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the proposed city the question of whether or not such town or community of people shall become an incorporated city. The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election. The order shall be published in a newspaper of general circulation in the proposed city for a period of at least twenty (20) days prior to the election. 

    Laws 1977, c. 256, § 4102, eff. July 1, 1978.  

    §114103. Alternative procedure for incorporated towns. 

    As an alternative procedure to filing a petition with the board of county commissioners, the board of trustees of an incorporated town, by resolution, may direct the mayor to submit the question of whether or not the town shall become a city to the registered voters of the town at a special or general election. The resolution shall: 1. Divide the municipality into the required number of wards for purposes of the proposed city; 

    2. Designate the statutory form of city government that is proposed for the city when it becomes incorporated; and 

    3. Name the date for the election. 

    If a majority of the votes cast are in favor of incorporation as a city, as certified by the county election board, the town board shall adopt a resolution declaring that the city has been incorporated and naming the date for the election of city officers. The city shall, from the date of the board's resolution, be deemed a body corporate and an incorporated city. 

    Laws 1977, c. 256, § 4103, eff. July 1, 1978.  

    §114104. Conduct of election Ballots. 

    The election on the question of incorporation shall be conducted in accordance with applicable election laws. The registered voters of the proposed city shall vote on the question by separate ballot, which shall be substantially in the following form: Shall the ________ (town, community, territory) of ________ become incorporated as the city of ________ and operated under the statutory ________ (name of proposed statutory form) form of city government as provided by the laws of Oklahoma? 

    ( ) Yes. 

    ( ) No. 

    Laws 1977, c. 256, § 4104, eff. July 1, 1978.  

    §114105. Canvassing returns Certification of results Order of incorporation. 

    The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of county commissioners the results of the election. If a majority of the votes cast are in favor of incororation as a city under the designated statutory form, the board of commissioners shall, within twenty (20) days after receiving the results of the vote, issue an order declaring that the city has been incorporated under the designated statutory form of city government and naming the date for the election of city officers. The city shall, from the date of the commissioners' order, be deemed a body corporate and an incorporated city. 

    Laws 1977, c. 256, § 4105, eff. July 1, 1978.  

    §11-4-106. Notice of election of city officers - Fees and expenses. 

    The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election. Notice of the election of city officers shall be in the manner provided by law for municipal elections. All expenses for the election on the question of incorporation and the election of officers shall be paid by the county and reimbursed by the city when fully organized. 

    Added by Laws 1977, c. 256, § 4-106, eff. July 1, 1978. Amended by Laws 1998, c. 357, § 2, eff. Jan. 1, 1999. 

     

    §114107. Officers to be elected. 

    The officers to be elected shall be those provided by the laws governing the statutory form of city government which has been adopted. These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held in accordance with the form of government adopted, and until their successors are elected and qualified. 

    Laws 1977, c. 256, § 4107, eff. July 1, 1978.  

    §115101. City incorporating as a town Procedure. 

    Any city may become an incorporated town. A petition for a city to become an incorporated town shall be filed with the board of county commissioners of the county in which the city is located. The petition shall: 

    1. Be in writing; and 

    2. Be signed by at least thirtyfive percent (35%) of the registered voters of the city, as shown by the preceding general election. 

    The petition shall clearly express the desire of the petitioners to become incorporated as a town and shall be authenticated by the affidavit of at least one credible witness that the signatures are genuine and that the signers of the petition are registered voters of the city. The petition shall include: 

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

    2. The survey and plat of the city; 

    3. The resident population according to the latest federal census or other census recognized by the laws of Oklahoma; 

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

    5. Affidavits verifying the facts alleged in the petition. 

    Laws 1977, c. 256, § 5101, eff. July 1, 1978.  

    §115102. Order calling for election on question Notice. 

    Within thirty (30) days after filing the petition for a city incorporating as a town, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the city the question of whether or not such city shall become an incorporated town. The order calling for the election shall name the date for the election and shall be submitted to the secretary of the county election board for the purpose of conducting the election. The order shall be published in a newspaper of general circulation in the city for a period of at least twenty (20) days prior to the election. 

    Laws 1977, c. 256, § 5102, eff. July 1, 1978. 0 

    §115103. Election on city incorporating as town Ballots. 

    The election shall be conducted in accordance with applicable election laws. A separate ballot shall be prepared for submitting the question of whether or not the city shall become an incorporated town. The ballot shall be in substantially the following form: 

    Shall the City of _________ become an incorporated town and be known as the Town of ________? 

    ( ) Yes. 

    ( ) No. 

    Laws 1977, c. 256, § 5103, eff. July 1, 1978.  

    §115104. Certification of results Order of incorporation Notice of election of town officers Fees and expenses. 

    The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of commissioners the results of the election. If a majority of the votes cast in the election are in favor of the city incorporating as a town, the board of commissioners shall, within twenty (20) days after receiving the result of the vote, issue an order declaring the town's incorporation and naming the date for the election of town officers. Notice of the election of town officers shall be in the manner provided by law for municipal elections. All expenses for the election on the question of incorporation and the election of officers shall be paid by the incorporated town. 

    Laws 1977, c. 256, § 5104, eff. July 1, 1978. 

     

    §115105. Town officers to be elected. 

    The officers to be elected shall be those provided by law applicable to the town board of trustees form of government. These officers shall hold office until the next oddnumbered year, at which time the first regular municipal election shall be held under the town board of trustees form of government as provided in Section 16206 of this title, and until their successors are elected and qualified. 

    Laws 1977, c. 256, § 5105, eff. July 1, 1978.  

    §115106. Indebtedness assumed by incorporated town. 

    All indebtedness of any nature, whether resulting from a bond issue or otherwise, shall be assumed by the incorporated town. 

    Laws 1977, c. 256, § 5106, eff. July 1, 1978.  

    §116101. Proposal for consolidation Terms and conditions Approval by governing bodies. 

    Any two or more municipalities lying adjacent to each other may consolidate and become one municipal corporation. A proposal for consolidation shall be prepared by the governing body of a municipality when: 

    1. A resolution of the governing body so directs; or 

    2. A petition signed by at least twentyfive percent (25%) of the registered voters of the municipality, as shown by the preceding general election, is filed with the governing body. 

    The proposal shall then be submitted to the governing body of an adjacent municipality for its approval. When the proposal is approved, the governing bodies of the municipalities to be consolidated, or their representatives, shall prepare the terms and conditions of the consolidation. The terms and conditions of consolidation shall provide for the transition of officers and employees of each municipality which is to be consolidated. If each governing body approves the terms of consolidation, it shall adopt a resolution declaring its approval and shall provide for an election on the question of consolidation. 

    Laws 1977, c. 256, § 6101, eff. July 1, 1978.  

    §116102. Ballots Election on question. 

    The question submitted to the registered voters of each municipality shall be substantially in the following form: 

    Shall the municipalities of ______ and ______ (name of all municipalities to be consolidated) consolidate as the ______ (city or town) of ________ and be operated under the _____________ form of government? 

    ( ) Yes. 

    ( ) No. 

    If a majority of the votes cast in each municipality are in favor of consolidation, the governing body in each municipality shall declare, by ordinance, that the consolidation has been approved and shall proceed to consolidate under the terms of consolidation. The consolidation and formation of the municipal corporation shall take effect on the date named in the terms and conditions. Upon the effective date, the municipal corporation shall be governed by laws applicable to the form of government which has been adopted. 

    Laws 1977, c. 256, § 6102, eff. July 1, 1978.  

    §116103. Record of consolidation. 

    The order of each municipality declaring consolidation as a municipal corporation shall be recorded in the office of the county clerk in the county in which the situs of the consolidated municipal corporation is located and filed in the office of the Secretary of State and in the archives of the municipal corporation. 

    Laws 1977, c. 256, § 6103, eff. July 1, 1978.  

    §116104. Property and obligations after consolidation. 

    All real and personal property belonging to each municipality so consolidated, and all its notes, bonds, obligations, accounts, demands, evidences of debt, rights and franchises, books, records, maps and plats shall become the property of the consolidated municipal corporation. Each municipality as it existed before consolidation shall remain liable for all its obligations and outstanding indebtedness which are due or become due on the day of the election on consolidation, and the property within such municipality shall be assessed to pay the obligations and indebtedness in the same manner as if a consolidation had not taken place. In no event shall the consolidated municipal corporation be liable for obligations existing before consolidation unless expressly provided for by the terms and conditions of consolidation. 

    Laws 1977, c. 256, § 6104, eff. July 1, 1978.  

    §117101. Dissolution of municipality Application Notice of election on question. 

    An application for dissolution of a municipality shall be filed with the governing body of the municipality. The application shall: 1. Be in writing; 

    2. Set forth the reasons for the request; and 

    3. Be signed by not less than onethird of the registered voters residing in the municipality as shown by the preceding general election. 

    If the governing body of the municipality determines that the reasons for dissolution are good, it shall call for an election for the purpose of submitting to the registered voters of the municipality the question of whether or not the municipality should be dissolved. Notice of the election shall be given by the governing body in the manner provided by law for municipal elections. 

    Laws 1977, c. 256, § 7101, eff. July 1, 1978.  

    §117102. Conduct of election Results. 

    Registered voters of the municipality shall vote by ballot "yes" or "no" on the question of dissolution of the municipality. The election shall be conducted in accordance with applicable election laws. If a majority of the votes are in favor of dissolution, and the votes have been cast by at least twofifths of the registered voters of the municipality (as shown by the preceding general election), a statement of the vote signed by the mayor, and attested by the clerk, shall be filed in the office of the county clerk in the county in which the situs of the municipality is located and in the office of the Secretary of State. At the expiration of six (6) months from the date of the election on the question, the municipality shall cease to be a corporation. 

    Laws 1977, c. 256, § 7102, eff. July 1, 1978.  

    §117103. Disposition of property Payment of debts and liabilities Contract rights. 

    The property belonging to the dissolved municipality shall be used first to pay its debts and liabilities, and then disposed of in the manner as a majority of the registered voters of the municipality shall direct in a special election on the question of disposition of property. No dissolution of an incorporated municipality shall impair the rights of any person in any contract or agreement to which the municipality is a party. 

    Laws 1977, c. 256, § 7103, eff. July 1, 1978.  

    §117104. Real property owned by municipality at time of dissolution. 

    If a municipality is the owner in fee simple of real property at the time it is dissolved, and this real property is thereafter brought within the boundaries of another existing incorporated municipality, the fee simple title of this real property will divest from the dissolved municipality and vest in the existing municipality. 

    Laws 1977, c. 256, § 7104, eff. July 1, 1978.  

    §11-7-105. Involuntary dissolution - Grounds - Petition in district court. 

    The district attorney for the county in which the situs of the municipal government is located may petition for involuntary dissolution of a municipality when the government of a municipality ceases to function by reason of the following: 

    1. General municipal elections have not been called in the municipality for two successive general municipal elections; 

    2. A majority of all the members of the governing body fail to qualify for two successive general municipal elections; or 

    3. The municipality is totally within an area subject to subsidence, environmental contamination or flooding as a result of mining operations, dam construction or natural causes beyond the control of the municipality, and said municipality is unable to meet the cost of continuing its government and maintaining its services to residents due to a reduction in population resulting from such circumstances. 

    The petition requesting involuntary dissolution shall be filed in the district court in the county in which the situs of the municipality is located. The petition shall state the facts which justify the request and shall set forth a detailed statement of the assets and liabilities of the municipality insofar as they can be ascertained. 

    Added by Laws 1977, c. 256, § 7-105, eff. July 1, 1978. Amended by Laws 2009, c. 224, § 1, eff. Nov. 1, 2009. 

     

    §117106. Involuntary dissolution Notice of hearing. 

    Upon the filing of a petition for the involuntary dissolution of a municipality, the district court shall fix a date for a hearing on the request. The date of the hearing shall be not less than thirty (30) days after the date of filing. The district attorney for the county in which the situs of the municipal government is located shall give at least twenty (20) days' notice of the hearing by publication in a newspaper of general circulation in the municipality, and by posting copies of the notice in five (5) of the most public places in the municipality. The notice shall state the purpose of the petition and the date and place of the hearing. 

    Laws 1977, c. 256, § 7106, eff. July 1, 1978.  

    §117107. Involuntary dissolution Hearing and order. 

    Any person owning property in or registered to vote in the municipality may appear at the hearing and give testimony for or against dissolution of the municipality. If the court finds that the government of the municipality has ceased to function because of the reasons listed in Section 7105 of this title, it shall enter an order for dissolution of the municipality. The order of the court shall state when the dissolution shall take effect and appoint a receiver, if necessary, to wind up the affairs of the municipality and dispose of its property. A record of dissolution shall be filed in the manner provided for voluntary dissolution. 

    Laws 1977, c. 256, § 7107, eff. July 1, 1978.  

    §118101. Qualifications for elected office. 

    A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, he shall thereupon cease to be an elected official of that municipality. 

    Laws 1977, c. 256, § 8101, eff. July 1, 1978.  

    §118102. Term of office. 

    Unless otherwise provided for by law, the term of office of an elected municipal official shall be four (4) years. The term of office of an elected official shall begin at 12:00 noon on the second Monday following the general municipal election, and such official shall serve until his successor is elected and qualified. If a newly elected official does not qualify within thirty (30) days after his term of office begins, the office shall become vacant and shall be filled in the manner provided by law. In order to complete the unexpired term, the office of an official who is holding over shall be filled at the next general election in compliance with the provisions of Sections 16101 through 16213 of this title. 

    Amended by Laws 1984, c. 126, § 4, eff. Nov. 1, 1984.  

    §118103. Oath of office. 

    Any officer, elected or appointed, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the Oklahoma Constitution. The oath or affirmation shall be filed in the office of the municipal clerk. 

    Laws 1977, c. 256, § 8103, eff. July 1, 1978.  

    §118104. Who may administer oaths. 

    All officers authorized by state law, the mayor, the municipal clerk, the city manager, the municipal judge or judges and such other officers as the municipal governing body may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and government of the municipality. 

    Laws 1977, c. 256, § 8104, eff. July 1, 1978.  

    §118105. Certain officers to give bond. 

    The municipal governing body shall require the municipal treasurer, any officer or employee designated by ordinance to sign municipal warrants or municipal checks, and any other officers and employees as the governing body may designate by ordinance, to give bond for the faithful performance of his duties within ten (10) days after his election or appointment, in such amount and form as the governing body shall prescribe. The municipality shall pay the premiums on such bonds. 

    Laws 1977, c. 256, § 8105, eff. July 1, 1978; Laws 1992, c. 371, § 1, eff. July 1, 1992. 

     

    §118106. Nepotism Dual office holding. 

    No elected or appointed official or other authority of the municipal government shall appoint or elect any person related by affinity or consanguinity within the third degree to any governing body member or to himself or, in the case of a plural authority, to any one of its members to any office or position of profit in the municipal government. The provisions of this section shall not prohibit an officer or employee already in the service of the municipality from continuing in such service or from promotion therein. A person may hold more than one office or position in a municipal government as the governing body may ordain. A member of the governing body shall not receive compensation for service in any municipal office or position other than his elected office. 

    Amended by Laws 1984, c. 126, § 5, eff. Nov. 1, 1984.  

    §118107. Removal of officers. 

    A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby. 

    Laws 1977, c. 256, § 8107, eff. July 1, 1978.  

    §118108. Absence from governing body meetings. 

    Whenever a member of the municipal governing body is absent from more than onehalf of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office. 

    Laws 1977, c. 256, § 8108, eff. July 1, 1978.  

    §118109. Vacancies in office. 

    A. When a vacancy occurs in an office of an elected municipal official except the mayor, the governing body shall appoint, by a majority vote of the remaining members, a person to fill the vacancy until the next general municipal election, or the next biennial town meeting if the municipality is subject to the Oklahoma Town Meeting Act, Section 16301 et seq. of this title, and to serve until a successor is elected and qualified. Any vacancy shall then be filled at the next general municipal election or biennial town meeting by election of a person to complete the balance of any unexpired term. If the vacancy has not been filled within sixty (60) days after it occurs, the governing body shall call for a special election or a special town meeting for the purpose of filling the vacancy for the duration of the unexpired term unless said vacancy occurs or said election would occur within one hundred twenty (120) days prior to the first day of the filing period for the next general municipal election or within one hundred twenty (120) days prior to the next biennial town meeting. If a vacancy is not filled by the special election or at a special town meeting, it shall be filled by appointment as provided for in this subsection. 

    B. If a majority of the offices of a governing body become vacant more than sixty (60) days before the beginning of a regular filing period for general municipal elections or more than sixty (60) days before the biennial town meeting, the remaining members of the governing body shall call for a special election or a special town meeting, if the municipality is subject to the Oklahoma Town Meeting Act, to be held as soon as possible in the municipality for the purpose of filling all vacant offices for the remainder of their unexpired terms if the election or town meeting can be held more than sixty (60) days before the beginning of the filing period for the general election or more than sixty (60) days before the next biennial town meeting. The remaining members of the governing body may pay claims in accordance with Section 17102 of this title and, when necessary to avoid financial loss or injury to a person or property, may take any action otherwise authorized for the governing body except the enactment of an ordinance. 

    C. If all the offices of the governing body become vacant, the municipal clerk or acting municipal clerk shall be the interim mayor until a member of the governing body is elected and qualified. If there is no municipal clerk or acting municipal clerk in office, the municipal treasurer shall serve as interim mayor and acting municipal clerk. If there is no municipal officer in office, the Governor may appoint a registered voter of the municipality as interim mayor and acting municipal clerk. The appointed interim mayor shall give bond for the faithful performance of his duties within ten (10) days after his appointment. The municipality shall pay the premium on the bond. 

    D. The interim mayor shall exercise the authority of the governing body for only those purposes set out in this section. 

    1. Within five (5) days of the occurrence of the last vacancy, the interim mayor shall call a special election or a special town meeting, if the municipality is subject to the provisions of the Oklahoma Town Meeting Act, for the purpose of filling the unexpired terms in accordance with subsection B of this section. If all of the offices of the governing body become vacant sixty (60) days or less before the beginning of a regular filing period for general elections or sixty (60) days or less before the next biennial town meeting, the interim mayor shall call the regular general election or the biennial town meeting, whichever is appropriate. If the interim mayor fails or refuses to call an election or town meeting, whichever is appropriate, the board of county commissioners of the county in which the municipality is located shall call the election or town meeting. The county sheriff, or his deputy, shall attend any town meeting called by the board of county commissioners and, if the interim mayor fails to conduct the meeting, shall moderate the meeting. The interim mayor or the sheriff or deputy who is moderating the meeting is authorized to appoint a registered voter of the municipality to take the minutes of the meeting. If the vacancies are not filled by the election or town meeting called for the purpose, the Governor may appoint registered voters of the municipality to fill the vacancies without regard to wards for the balance of the unexpired term. 

    2. The interim mayor may pay claims in accordance with subsection C of Section 17102 of this title. The interim mayor shall submit a list of such payments to the governing body of the municipality no later than the second regular meeting after the vacancies are filled. 

    E. To be eligible for appointment to fill a vacancy in an elected municipal office a person must meet the same qualifications required for filing a declaration for candidacy for that office. 

    Amended by Laws 1984, c. 126, § 6, eff. Nov. 1, 1984; Laws 1988, c. 105, § 16, eff. Nov. 1, 1988; Laws 1989, c. 255, § 1, emerg. eff. May 19, 1989.  

    §11-8-110. Candidacy of municipal officer for county or state office - Resignation. 

    Any member of a municipal governing body, the city or town clerk, and the city marshal shall be eligible to become a candidate for a county or state office without resigning from the office held by the officer. 

    Added by Laws 1977, c. 256, § 8-110, eff. July 1, 1978. Amended by Laws 2004, c. 47, § 1. 

     

    §118111. Abstinence in voting in certain meetings. 

    If a member of the governing body of a municipality abstains from voting, he shall be deemed to have cast a negative vote, which shall be recorded in the minutes. 

    Added by Laws 1984, c. 126, § 7, eff. Nov. 1, 1984.  

    §118112. Resignation of municipal officer. 

    A municipal officer may resign by submitting his written resignation to the governing body of the municipality, to the remaining members of the municipal governing body if some positions are vacant, to the interim mayor or, if all positions of the governing body will become vacant upon the resignation, to the board of county commissioners of the county in which the municipality is located. Delivery of the written resignation to the governing body during a public meeting of such body or to the municipal clerk by mail or personal delivery during regular office hours shall constitute submission of the resignation to the municipal governing body. Delivery of the written resignation to the board of county commissioners during a public meeting of the commissioners or to the county clerk by mail or hand delivery during regular office hours shall constitute submission of the resignation to the board of county commissioners. A resignation submitted by a municipal officer may be withdrawn in writing at any time prior to the effective date stated in the resignation. If no effective date is stated, the resignation shall be effective immediately. Acceptance by the governing body shall not be required for the resignation to be effective. 

    Added by Laws 1984, c. 126, § 8, eff. Nov. 1, 1984. Amended by Laws 1988, c. 105, § 17, eff. Nov. 1, 1988.  

    §11-8-113. Prohibited business activities with municipality - Exceptions - Definitions - Violations - Employees of financial institutions. 

    A. Except as otherwise provided by this section, no municipal officer or employee, or any business in which the officer, employee, or spouse of the officer or employee has a proprietary interest, shall engage in: 

    1. Selling, buying, or leasing property, real or personal, to or from the municipality; 

    2. Contracting with the municipality; or 

    3. Buying or bartering for or otherwise engaging in any manner in the acquisition of any bonds, warrants, or other evidence of indebtedness of the municipality. 

    B. The provisions of this section shall not apply to any officer or employee of any municipality of this state with a population of not more than two thousand five hundred (2,500) according to the latest Federal Decennial Census, who has a proprietary interest in a business which is the only business of that type within five (5) miles of the corporate limits of the municipality. However, any activities permitted by this subsection shall not exceed Five Hundred Dollars ($500.00) for any single activity and shall not exceed Ten Thousand Dollars ($10,000.00) for all activities in any calendar year. Provided, however, such activity may exceed Ten Thousand Dollars ($10,000.00) per year if the municipality purchases items therefrom that are regularly sold to the general public in the normal course of business and the price charged to the municipality by the business does not exceed the price charged to the general public. 

    C. For purposes of this section, “employee” means any person who is employed by a municipality more than ten (10) hours in a week for more than thirteen (13) consecutive weeks and who enters into, recommends or participates in the decision to enter into any transaction described in subsection A of this section. Any person who receives wages, reimbursement for expenses, or emoluments of any kind from a municipality, any spouse of the person, or any business in which the person or spouse has a proprietary interest shall not buy or otherwise become interested in the transfer of any surplus property of a municipality or a public trust of which the municipality is beneficiary unless the surplus property is offered for sale to the public after notice of the sale is published. 

    D. For purposes of this section, “proprietary interest” means ownership of more than twenty-five percent (25%) of the business or of the stock therein or any percentage which constitutes a controlling interest but shall not include any interest held by a blind trust. 

    E. Any person convicted of violating the provisions of this section shall be guilty of a misdemeanor. Any transaction entered into in violation of the provisions of this section is void. Any mem

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