Chapter 2
ADMINISTRATION*
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State law references: Municipal code, 11 O.S. § 1-101 et seq.; incorporation of cities, 11 O.S. § 3-101 et seq.; city commission of trustees form of government, 11 O.S. § 12-101 et seq.; Political Subdivisions Ethics Act, 51 O.S. § 301 et seq.; general powers of municipalities, 11 O.S. § 22-101 et seq.; public officers, 51 O.S. § 1 et seq.
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Article I. In General
Sec. 2-1. Corporate seal; design.
Sec. 2-2. Map of city designated as official map.
Sec. 2-3. Ward numbers and boundaries.
Secs. 2-4– 2-24. Reserved.
Article II. City Board of Commissioners
Sec. 2-25. Election of board; powers; terms and qualifications of members.
Sec. 2-26. Meetings.
Sec. 2-27. Special meetings.
Sec. 2-28. Meeting to be open to the public; place of meetings.
Sec. 2-29. Posting of meeting agendas.
Sec. 2-30. Attendance of commissioners required; compelling attendance.
Sec. 2-31. Police chief to act as ex officio sergeant at arms.
Sec. 2-32. Rules of procedure; order of business.
Secs. 2-33– 2-52. Reserved.
Article III. Officers and Employees
Division 1. Generally
Sec. 2-53. Appointment and removal.
Sec. 2-54. Absence from city.
Sec. 2-55. Delivery of records upon leaving office.
Sec. 2-56. Inspection of books.
Sec. 2-57. Retaining money.
Sec. 2-58. Reports.
Sec. 2-59. Neglect of duty.
Sec. 2-60. Inventories.
Sec. 2-61. Unofficial acts.
Sec. 2-62. Public property; use.
Sec. 2-63. Right of entry.
Sec. 2-64. Consolidation of offices.
Sec. 2-65. Division of offices.
Sec. 2-66. Transfer of power.
Sec. 2-67. Oath.
Sec. 2-68. Bond.
Sec. 2-69. Compensation; change.
Secs. 2-70– 2-96. Reserved.
Division 2. Mayor
Sec. 2-97. Election; presiding officer of board; voting in case of tie.
Sec. 2-98. Chief executive.
Sec. 2-99. Designation of absence, disability or suspension of mayor.
Sec. 2-100. Election of vice-mayor; duties.
Sec. 2-101. Acting mayor.
Secs. 2-102– 2-130. Reserved.
Division 3. City Manager
Sec. 2-131. Appointment; duties.
Sec. 2-132. City manager as administrative officer.
Sec. 2-133. City hall.
Sec. 2-134. Designation of acting city manager.
Sec. 2-135. Suspension and removal.
Secs. 2-136– 2-153. Reserved.
Division 4. City Clerk
Sec. 2-154. Appointment; term; compensation; duties.
Sec. 2-155. Office hours.
Sec. 2-156. Custody of papers, records, etc.
Sec. 2-157. Attend meetings.
Sec. 2-158. Removing records.
Sec. 2-159. Financial and other duties.
Sec. 2-160. Attest and record cemetery deeds.
Sec. 2-161. Records to be kept by clerk.
Sec. 2-162. Delivery of communications.
Sec. 2-163. Report.
Sec. 2-164. Certified copies.
Sec. 2-165. Filing.
Sec. 2-166. Seal.
Sec. 2-167. Inventory.
Secs. 2-168– 2-187. Reserved.
Division 5. City Treasurer
Sec. 2-188. Office created.
Sec. 2-189. Custodian of funds.
Sec. 2-190. Warrants.
Sec. 2-191. Accounts.
Sec. 2-192. Warrant and check register.
Sec. 2-193. Bond register.
Sec. 2-194. Reports.
Secs. 2-195– 2-211. Reserved.
Division 6. City Attorney
Sec. 2-212. Office created.
Sec. 2-213. Advise city officials.
Sec. 2-214. Prosecute and defend.
Sec. 2-215. Draft documents.
Sec. 2-216. Attorney's record.
Sec. 2-217. Annual report.
Sec. 2-218. Conflict of interest between city and agencies.
Secs. 2-219– 2-244. Reserved.
Division 7. City Engineer
Sec. 2-245. Office created.
Sec. 2-246. Maps and blueprints to be kept on file.
Secs. 2-247– 2-270. Reserved.
Division 8. Health and Safety Officers
Sec. 2-271. Cooperative health department; director.
Sec. 2-272. Director of safety/safety inspector.
Secs. 2-273– 2-292. Reserved.
Article IV. Departments and Committees
Division 1. Generally
Sec. 2-293. Mayor to appoint committees.
Secs. 2-294– 2-319. Reserved.
Division 2. Departments
Sec. 2-320. Departmental organization.
Sec. 2-321. Department heads; responsibilities and duties.
Sec. 2-322. Intradepartmental cooperation.
Secs. 2-323– 2-347. Reserved.
Article V. Boards and Other Bodies
Sec. 2-348. Bodies enumerated.
Secs. 2-349– 2-369. Reserved.
Article VI. Finance and Purchasing
Division 1. Generally
Sec. 2-370. Authority to set fees.
Sec. 2-371. Return check charge.
Sec. 2-372. Depositories designated; funds to be deposited.
Sec. 2-373. Funds secured by the security for local public deposit act.
Sec. 2-374. Identity theft prevention program adopted.
Secs. 2-375– 2-404. Reserved.
Division 2. Purchasing
Sec. 2-405. Purchases.
Sec. 2-406. When prior approval of commission required.
Sec. 2-407. General procedure.
Sec. 2-408. When competitive bidding not required.
Secs. 2-409– 2-429. Reserved.
Division 3. Sale of Surplus Property
Sec. 2-430. Authority of city manager.
Sec. 2-431. When commission action required.
Sec. 2-432. General procedure.
Sec. 2-433. When competitive bidding not required.
Secs. 2-434– 2-464. Reserved.
Article VII. Public Records
Sec. 2-465. Appointment of official custodians.
Sec. 2-466. Designation of additional record custodians.
Sec. 2-467. Duties of custodians.
Sec. 2-468. Requests to be directed to custodians.
Sec. 2-469. Procedures regarding both inspection and copying of open public records.
Sec. 2-470. Procedures regarding inspection of records.
Sec. 2-471. Procedures regarding copies of open public records.
Sec. 2-472. Fees.
ARTICLE I.
IN GENERAL
Sec. 2-1. Corporate seal; design.
The city seal shall be made of brass, or other substantial metal, of circular form. The superscription shall be engraved thereon as follows: the words "City of Collinsville, Oklahoma" shall be engraved in a circular lane formed by two circles, one of which is the circumference of the seal. The words and numbers "Seal________Incorporated April 11, 1911," shall be engraved within the circular lane and inside the inner circle of same.
(Code 2000, § 1-112)
Sec. 2-2. Map of city designated as official map.
The map of the city showing its territorial limits is hereby designated as the official map of the city, and the corporate limits as shown thereon are declared to be the true and correct corporate limits of the city, including all annexations made to the city through and including the date of January 1, 1989.
(Code 2000, § 1-201)
Sec. 2-3. Ward numbers and boundaries.
The city shall be divided into four wards, which are hereby declared to be the same as at the time of the taking effect of the revised ordinances until otherwise provided, which said wards are described as follows, to-wit:
(1) Ward One shall consist of all that part of the territory lying within the corporate limits of the city lying east of the centerline of 9th Street;
(2) Ward Two shall consist of all that part of the territory lying within the corporate limits of the city lying between the centerline of 9th Street and the centerline of 13th Street;
(3) Ward Three shall consist of all that part of the territory lying within the corporate limits of the city lying between the centerline of 13th Street and the centerline of 17th Street; and
(4) Ward Four shall consist of all that part of the territory lying within the corporate limits of the city lying west of the centerline of 17th Street.
(Code 2000, § 1-202)
State law references: Annexation and detachment, 11 O.S. § 21-101 seq.; review of wards after each federal census, 11 O.S. § 20-101; changing wards, 11 O.S. § 2-105.
Secs. 2-4– 2-24. Reserved.
ARTICLE II.
CITY BOARD OF COMMISSIONERS*
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State law references: Council-manager form of municipal government, 11 O.S. § 10-101 et seq.; composition of city commission, 11 O.S. § 10-102; qualifications of commission members, 11 O.S. § 10-103; authority of city commission, 11 O.S. § 10-106; limitation of commission authority to act through city manager, 11 O.S. § 10-107; departments included in council-manager form of government, 11 O.S. § 10-119.
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Sec. 2-25. Election of board; powers; terms and qualifications of members.
The city is governed by the statutory council-manager form of government with the powers of the city vested in the city board of commissioners. The board of commissioners shall be composed of four commissioners in which all the legislative power of the government of the city shall be vested. Each member of the board of commissioners shall be elected by ward and the term of office shall be two years, commencing on the first Monday in May after the commissioner's election. The mayor, who is elected at large, presides at meetings of the board of commissioners and has such other duties as are prescribed by the city's Charter and this Code.
(Code 2000, § 2-101)
State law references: Council-manager form of municipal government, 11 O.S. § 10-101 et seq.; governing body, 11 O.S. § 10-102; qualifications, 11 O.S. § 10-103; election of mayor and vice mayor, 11 O.S. § 10-104; powers, 11 O.S. § 10-106.
Sec. 2-26. Meetings.
Regular meetings of the board of commissioners of the city shall be held at the hour of 7:30 p.m. upon each Monday evening in the city hall, or at such other times and places as may be specified by the board of commissioners. Such regular meetings may be adjourned from time to time as the board of commissioners may direct.
(Code 2000, § 2-102)
State law references: Regular meetings to be held at least monthly, 11 O.S. § 10-108; notice of meetings, 25 O.S. § 311; quorum, 11 O.S. § 10-109.
Sec. 2-27. Special meetings.
Special meetings of the board of commissioners may be called at any time by any commissioner and shall be a part of the records of their office.
(Code 2000, § 2-103)
State law references: Authority to call special meetings, 11 O.S. § 10-108.
Sec. 2-28. Meeting to be open to the public; place of meetings.
All meetings shall be public. Every meeting of the commission shall be held in the board of commissioners' chamber in the city hall unless, in case of an emergency, the mayor or the commissioners calling a special meeting designate another place in the city for the holding of the special meeting.
(Code 2000, § 2-103)
State law references: Oklahoma Open Meetings Act, 25 O.S. § 301 et seq.
Sec. 2-29. Posting of meeting agendas.
The agenda for the meeting shall be as posted in accordance with state law.
(Code 2000, § 2-104(17))
Sec. 2-30. Attendance of commissioners required; compelling attendance.
No member shall absent himself from the service of the board of commissioners unless he has leave, is sick or is unable to attend. Any two members shall be authorized to compel the attendance of absent members.
(Code 2000, § 2-104(14))
State law references: Absence from governing body meetings, 11 O.S. § 8-108.
Sec. 2-31. Police chief to act as ex officio sergeant at arms.
The chief of police shall be ex officio sergeant at arms, whose duty it shall be to attend the sessions of the board of commissioners and to execute the commands of the board from time to time, as shall be directed to him by the president, chairman or mayor and to preserve decorum under the direction of the mayor or presiding officer.
(Code 2000, § 2-104(15))
Sec. 2-32. Rules of procedure; order of business.
The order of business at all regular meetings shall be as follows:
(1) The presiding officer shall take the chair at the prescribed hour and shall call the board of commissioners to order and order the roll call called by the clerk. If a quorum is present, the minutes of the last regular or special meeting to be approved, disapproved or amended will not be read unless requested by a member of the public. The presiding officer shall then call for a vote of the board of commissioners to approve or disapprove the minutes;
(2) The board of commissioners shall proceed with any and all business coming before it in the following order:
a. Reports of officers and committees;
b. Hearing of petitions and communications;
c. Presentation of accounts and claims;
d. Ordinances and regulations;
e. Unfinished business; and
f. Adjournment;
(3) The mayor shall preserve order and decorum, may speak on points of order and shall decide questions of order, subject to the right of appeal to the board of commissioners by any member;
(4) When any member is about to speak or otherwise present any matter to the board of commissioners, he shall confine himself to the matter under consideration and avoid personalities;
(5) When two or more members happen to rise at once, the mayor shall name the member who is to speak first. No member shall have possession of the floor unless and until recognized by the mayor or presiding officer;
(6) Every member who shall be present when a question is put, shall give his vote, unless the board of commissioners for special reasons shall excuse him. Any member desiring to be excused from voting may give his reason in a verbal statement, upon which the board of commissioners shall decide whether or not such member shall be excused from voting on such question and its action shall be final;
(7) Every motion shall be reduced to writing if the mayor or any member shall request it to be done;
(8) After a motion is stated by the president, or read by the clerk, it shall be deemed to be in possession of the board of commissioners, but may be withdrawn at any time before a decision or amendment;
(9) When a question is under debate, no motion shall be received but to adjourn, to lay on the table, for the previous question, or to amend, which several motions shall have precedence in the order in which they are named in this rule;
(10) A motion to adjourn and a motion to fix a day to which the board of commissioners shall adjourn shall always be in order; these motions and the motion to lay on the table shall be decided without debate;
(11) Any one member shall have the right to call for the ayes and nays;
(12) Upon roll calls of the board of commissioners or in taking the ayes and nays upon any question, the names of the members shall be called by the clerk or the mayor;
(13) All questions or orders shall be noted by the clerk with the decision of the board of commissioners thereon and the same shall be entered in a minute book;
(14) Unless otherwise provided, Robert's Rules of Order shall govern proceedings of the board of commissioners.
(Code 2000, § 2-104(1)– (13), (16), (18))
Secs. 2-33– 2-52. Reserved.
ARTICLE III.
OFFICERS AND EMPLOYEES*
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State law references: Qualifications of elected municipal officers, 11 O.S. § 8-101; terms of office, 11 O.S. § 8-102; oath of office, 11 O.S. § 8-103; certain municipal officers to give bond, 11 O.S. § 8-105; removal of officers, 11 O.S. § 8-107; appointment and removal of city officers and employees, 11 O.S. § 12-114; merger and consolidation of city offices, 11 O.S. § 12-112; restrictions on political activities by municipal employees 11 O.S. § 22-101.1.
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DIVISION 1.
GENERALLY
Sec. 2-53. Appointment and removal.
Appointments and promotions of city officers and employees shall be made solely on the basis of merit and fitness; and removals, demotions, suspensions, and layoffs shall be made solely for the good of the service. The city commission by ordinance may establish a merit system and provide for its organization and functioning, and provide for personnel administration and regulation of personnel matters under the supervision of the city manager.
State law references: Similar provision, 11 O.S. § 10-120; removal of officers, 11 O.S. § 8-107.
Sec. 2-54. Absence from city.
Any officer who absents himself from the city for a period of 60 days or more, or who for any period of time shall by his absence fail or neglect to attend faithfully to discharge all and singular the duties pertaining to the office, shall in the discretion of the board of commissioners be discharged and his compensation for such period shall be forfeited.
(Code 2000, § 2-601)
State law references: Absence from governing body meetings, 11 O.S. § 8-108; resignation of municipal officer, 11 O.S. § 8-112; removal of municipal officers, 11 O.S. § 8-107.
Sec. 2-55. Delivery of records upon leaving office.
Every officer and employee shall, upon going out of office or employment of the city, deliver to his successor all books, papers, furniture and other things appertaining to his office. In any case where an office or employment is discontinued, the delivery shall be made to the city manager, the city clerk or such other officer as the board of commissioners shall direct at the time.
(Code 2000, § 2-602)
Sec. 2-56. Inspection of books.
All records, property and equipment belonging to the city and in the possession of any city official or employee shall at any and all times be subject to the inspection of the city manager, and any member of the board of commissioners.
(Code 2000, § 2-603)
Sec. 2-57. Retaining money.
No city officer, collecting any money on account of the city, shall retain the same or any part thereof to satisfy any claims for wages which he may have against the city but shall promptly pay the same over to the officers duly authorized to receive the same.
(Code 2000, § 2-604)
Sec. 2-58. Reports.
All officers and employees of the city shall, in addition to the reports otherwise required of them by ordinances, make such reports to the city manager or the board of commissioners as may be required, the same to be in writing if so specified, and such reports shall include any and all matters called for in the reports, touching the condition of affairs in their respective offices and of the business interest of the city with which they have knowledge or information.
(Code 2000, § 2-605)
Sec. 2-59. Neglect of duty.
It is the duty of each and every officer and employee of the city to faithfully discharge the trust or employment imposed in him and any failure to perform such duty as herein required shall be sufficient ground for removal. Dilatory practices and procrastination shall be inexcusable. It is the duty of each officer and employee to cautiously observe each and every ordinance and by his example make the same operative insofar as such may be the case.
(Code 2000, § 2-606)
State law references: Removal of officers, 11 O.S. § 8-107.
Sec. 2-60. Inventories.
It is the duty of each and every officer to carefully prepare and preserve a full and complete inventory of all city property in his possession and the condition of the same. Such inventory shall show the value, either purchase price or appraised value, and it shall be the further duty to promptly advise the board of commissioners of any needed repairs of such property. A copy of such inventories shall be kept on file with the city clerk at all times.
(Code 2000, § 2-607)
Sec. 2-61. Unofficial acts.
The powers and duties of officers and employees are defined by ordinance and law. It is unlawful for any officer or employee to exercise any power or perform any duty for which there is no warrant of law or ordinance. Each and every such officer and employee shall assume individual liability for the wrongful exercise of power and such acts shall be sufficient ground for removal.
(Code 2000, § 2-608)
Sec. 2-62. Public property; use.
The property of the city is for the public use of the city and shall not be appropriated to any other use. It shall be unlawful for any employee or officer to loan out or deliver the possession of any municipal property to any person without the expressed permission of the board of commissioners.
(Code 2000, § 2-609)
State law references: Prohibited business activities, 11 O.S. § 8-113.
Sec. 2-63. Right of entry.
(a) When any officer of employee of the city is authorized to enter any building or premises for the purpose of making an inspection to enforce any provision of this Code or other city ordinance, he may enter such building or premises at all reasonable times to inspect the same; provided, however, that the officer or employee shall effect entry in the manner provided in this section, except in emergency situations or when consent of the person having change or control of such building or premises has been obtained.
(b) If the building or premises to be inspected is occupied, the authorized officer or employee shall first present proper credentials and demand entry. If the building or premises is unoccupied, the officer or employee shall first make a reasonable effort to locate the owner or other person having control of the structure and demand entry. If consent to entry is not given, the authorized officer or employee shall have recourse to every remedy provided by law to secure entry.
(Code 2000, § 2-610)
Sec. 2-64. Consolidation of offices.
The board of commissioners shall in the interest of municipal efficiency have the power by resolution to combine the powers and duties of any two or more offices and place the same in charge of such person as shall be deemed right and proper by them. No officer shall have any vested right to such office prior to or subsequent to such change but all tenure shall be subject to the exercise of the power herein described.
(Code 2000, § 2-611)
Sec. 2-65. Division of offices.
The board of commissioners shall by resolution have the power to provide additional help or assistants or make divisions of employment in any department or offices at any time in the interest of municipal efficiency.
(Code 2000, § 2-612)
Sec. 2-66. Transfer of power.
The fact that a power or duty is prescribed by ordinance to be placed in a designated office shall not abridge the right of the board of commissioners to transfer designated powers and duties to other departments or offices, but such power is hereby reserved in the board of commissioners to be exercised at any time by resolution in the interest of better government.
(Code 2000, § 2-613)
Sec. 2-67. Oath.
All elective and appointive officers, including salaried employees of the city, before entering upon the duties of their respective offices, shall make and subscribe to the following oath or affirmation to-wit:
I, ________, do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of the State of Oklahoma, and will faithfully discharge the duties of the office of ________; that I have not paid or contributed, either directly or indirectly, any money or other valuable thing to procure my nomination, election or appointment except necessary and proper expenses, expressly authorized by law; that I have not knowingly violated any election law of the state or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance of or nonperformance of any act or duty pertaining to the office of ________ other than compensation allowed by law.
(Code 2000, § 2-614)
State law references: Persons authorized to administer oaths, 11 O.S. § 8-104; oath of office, 11 O.S. § 8-103.
Sec. 2-68. Bond.
(a) The city clerk, treasurer, each elective officer and such other officers and employees as may be required by the board of commissioners shall, before entering upon his duties, give bond with some licensed surety company as surety thereon, conditioned that he shall faithfully discharge the duties of the respective office and will strictly account for all moneys coming into his possession.
(b) All such bonds shall be given within ten days after election or appointment.
(c) The amount of each bond shall be as may be prescribed by the board of commissioners. The board of commissioners shall have the power to require the amount of the bond to be raised or increased at any time the board shall deem the same to be expedient.
(d) No official bond shall be approved by the board of commissioners until the same shall first have been approved by the city attorney.
(Code 2000, § 2-615)
State law references: Certain municipal officers to give bond, 11 O.S. § 8-105.
Sec. 2-69. Compensation; change.
The board of commissioners shall have the power by resolution to increase or diminish the salary or compensation of any officer or employee of the city at any time, except in those cases where the same is provided by ordinance or the Charter.
(Code 2000, § 2-616)
State law references: Compensation of elective officers, 11 O.S. § 10-111.
Secs. 2-70– 2-96. Reserved.
DIVISION 2.
MAYOR*
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State law references: Election of mayor and vice mayor, 11 O.S. § 10-104; duties of mayor and vice mayor, 11 O.S. § 10-105; vacancy in office of mayor or vice mayor, 11 O.S. § 10-110.
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Sec. 2-97. Election; presiding officer of board; voting in case of tie.
The mayor shall be elected by the qualified voters at large. The mayor shall preside at all meetings of the board of commissioners but shall have no vote except in case of a tie vote when he shall vote on the question before the board of commissioners.
(Code 2000, § 2-201)
State law references: Similar provision, 11 O.S. § 10-105.
Sec. 2-98. Chief executive.
The mayor shall be the chief executive officer of the city.
(Code 2000, § 2-202)
Sec. 2-99. Designation of absence, disability or suspension of mayor.
The board of commissioners shall by resolution passed by a majority designate the absence, disability or suspension of the mayor and the length of said absence, disability or suspension.
Sec. 2-100. Election of vice-mayor; duties.
A vice mayor shall be elected by the board of commissioners from among its members during the commission meeting held on the first Monday in May after the election of a new board of commissioners, or as soon thereafter as practical, and he shall serve until his successor has been elected and qualified. The vice-mayor shall act as mayor during the absence, disability or suspension of the mayor.
Sec. 2-101. Acting mayor.
During the absence, disability or suspension of the mayor and vice-mayor, the board of commissioners may elect an acting mayor from among its members to serve as mayor.
Secs. 2-102– 2-130. Reserved.
DIVISION 3.
CITY MANAGER*
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State law references: Appointment of city manager by council, 11 O.S. § 10-112; duties of city manager, 11 O.S. § 10-113; suspension or removal of city manager, 11 O.S. § 10-116; limitation of council powers, to act through manager, 11 O.S. § 10-107.
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Sec. 2-131. Appointment; duties.
The board of commissioners shall appoint a city manager for an indefinite term by a vote of a majority of all its members. It shall choose him solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office. At the time of his appointment, he need not be a resident of the city or state, but during his tenure of office he shall reside within the city. No commission member may be appointed city manager during the term for which he shall have been elected or within two years after the expiration of his term. The city manager shall have the duties provided in the city Charter and by the board of commissioners from time to time.
(Code 2000, § 2-301)
State law references: City manager appointment and duties, 11 O.S. §§ 10-112, 10-113; council authority restricted with regard to city manager, 11 O.S. § 10-107.
Sec. 2-132. City manager as administrative officer.
The city manager is hereby designated as the administrative officer for all public nuisance proceedings within the city in compliance with all applicable local and state laws.
(Code 2000, § 2-505; Ord. No. 700, 11-20-2000)
Sec. 2-133. City hall.
The city hall is the property of the city and shall be used only for the administration of the municipal affairs. Its custody is hereby vested in the city manager who shall report its condition and use to the board of commissioners at all times. The city manager shall exercise such care and control over the building and give such orders, restraining, prohibiting or allowing the use of same of an emergency nature as shall be in his judgment right and proper and shall make report to the next regular meeting of the board of all such acts and doings.
(Code 2000, § 2-617)
Sec. 2-134. Designation of acting city manager.
By letter filed with the city clerk, the city manager may designate, subject to board of commissioners approval, a qualified city administrative officer to be acting city manager during his temporary absence or disabilities. The board of commissioners may revoke such designation at any time and appoint another person acting city manager to serve during such times; and if the city manager fails to make such designation, the board of commissioners may appoint an acting city manager to serve during such time. The board of commissioners may remove an acting city manager at any time.
Sec. 2-135. Suspension and removal.
The board of commissioners may suspend or remove the city manager at any time by a vote of a majority of all its members; provided, that the board of commissioners shall give him a written statement of the reason for the proposed removal at least 20 days before removal, and on request shall give him an opportunity for a public hearing thereon at or after the expiration of such time before removing him.
Secs. 2-136– 2-153. Reserved.
DIVISION 4.
CITY CLERK*
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State law references: Appointment and duties of city clerk, 11 O.S. § 10-117.
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Sec. 2-154. Appointment; term; compensation; duties.
There shall be a city clerk, who shall be appointed by the mayor and confirmed by the city commissioners. He shall hold his office at the will of the mayor and city commissioners, and they shall fix his compensation. He shall be the custodian of all records of the city, and perform such duties as may be imposed upon him by the mayor and city commissioners, and as required of a city clerk by law.
Sec. 2-155. Office hours.
The office of the city clerk shall be kept open for the transaction of business on Monday through Friday of each week from 8:00 a.m. to 5:00 p.m., except on legal holidays as defined by city, state or federal law.
(Code 2000, § 2-301)
Sec. 2-156. Custody of papers, records, etc.
The clerk shall take possession of all books, papers and all other property of the nature of records belonging to the city and to his office and shall keep the same safe and in a convenient place, subject to the inspection of the city manager or any member of the board of commissioners during office hours.
(Code 2000, § 2-302)
Sec. 2-157. Attend meetings.
The clerk shall attend the meetings of the board of commissioners and keep a correct and complete record of the proceedings at each and every meeting of the board.
(Code 2000, § 2-303)
Sec. 2-158. Removing records.
The city clerk shall permit no records, public papers or other documents of the city that are kept and preserved in his office to be taken therefrom except by such officers of the city as may be entitled to the use of the same and then only upon their leaving a receipt therefor. In all such cases it shall be the duty of the clerk to report the failure of any such officer to promptly return such papers, documents or records within the time required for their return.
(Code 2000, § 2-304)
Sec. 2-159. Financial and other duties.
The city clerk shall have such general financial and other duties as are required by state law of city clerks in a charter city.
(Code 2000, § 2-305)
Sec. 2-160. Attest and record cemetery deeds.
The city clerk shall attest all deeds to lots in the cemetery and record the same in the cemetery deed record.
(Code 2000, § 2-306)
Sec. 2-161. Records to be kept by clerk.
(a) The city clerk shall procure at the expense of the city a book, properly indexed, in which he shall keep:
(1) All original ordinances of the city hereafter passed. In a separate book to be kept for that purpose, he shall keep printed copies of all ordinances, notices and other publications required by law, hereafter passed, with the printer's certificates of publications thereto attached, and he shall index the same under their respective titles;
(2) A copy of all notices required to be published or posted by the clerk by order of the board of commissioners or under the general ordinances of the city, to which notices shall be attached in the book, the printer's affidavit of publication in such cases where notices are required by law to be published, or the clerk's certificate under seal in cases where the same are required to be posted only. Such certificates shall show that such notices are true and correct copies so posted by him, the number so posted and the date of posting same and whether done by special order of the board of commissioners or by general ordinance, giving the date thereof;
(3) A record of all licenses issued by him under the ordinances of the city, showing the dates of the issuing of same, to whom issued, the time for which the same are issued and the amount paid to the treasurer for the same. The entries therein shall be competent evidence of the facts and sufficient proof thereof. The clerk shall issue all licenses authorized by ordinance upon compliance with the provisions of the ordinance; and
(4) A record of all permits issued, showing the dates of issuing the same, to whom issued and the amount paid for the same.
(b) The city clerk shall keep in a suitable file:
(1) A record of all petitions and communications, under which the board of commissioners shall order public work to be done at the expense of property owners having property fronting thereon, together with all resolutions and ordinances relating to the same;
(2) All correspondence and communications on matters pertaining to the city affairs and coming into his possession;
(3) All insurance policies in which the city has any interest. A suitable record shall be prepared of the insurance file showing the following:
a. The name of the insurer;
b. The insured;
c. The nature of the policy;
d. The date and expiration of the policy;
e. The amount of insurance; and
f. The amount of premium paid on each policy.
It shall be his duty to call the attention of the board of commissioners to the approaching maturity of any policy within such time as is reasonably necessary to provide for its extension or renewal.
(c) The city clerk shall prepare and keep a file for all surety bonds in an approved manner. A suitable record shall be kept of every surety bond, in which shall be entered the date of the beginning and end of liability on the bond, the names of the principals, sureties and co-sureties, the amount and the nature of the obligation.
(Code 2000, § 2-307)
Sec. 2-162. Delivery of communications.
The city clerk without unnecessary delay shall deliver to the officers of the city and to all committees of the city board of commissioners all resolutions and communications referred to those officers or committees by that body. He shall also, in the same manner, deliver to the mayor all ordinances or resolutions which may require the mayor's approval or other action to be taken by him.
(Code 2000, § 2-308)
Sec. 2-163. Report.
It is the duty of the city clerk to make out an itemized report at the end of each month and submit the same to the board of commissioners at the first regular meeting in each month for their approval. The report shall show:
(1) The amount of money collected by such clerk during the month from water rent, taps and other sources, in the water department;
(2) All monies received from licenses; and
(3) All money received from any and all other sources and the amount paid over to the city treasurer. All monies paid over to the city treasurer shall be receipted by the treasurer, and the city clerk retain a copy of the treasurer's receipts for all such moneys paid over.
(Code 2000, § 2-309)
Sec. 2-164. Certified copies.
The city clerk shall furnish certified copies of all ordinances hereafter passed by the board of commissioners to any person desiring the same, upon payment of the amount provided in the city fee schedule, and shall preserve the original in his office. He shall be obliged to furnish written copies of ordinances or other papers for the use of the city officers without charge to such officer. The clerk shall attest to any copy of paper, document or record, presented to him and affix the seal of the city thereto.
(Code 2000, § 2-310)
Sec. 2-165. Filing.
The city clerk shall endorse the date of filing upon every paper or document filed in his office. All books and records kept by him shall be fully and properly indexed.
(Code 2000, § 2-311)
Sec. 2-166. Seal.
The city clerk shall be the custodian of the corporate seal for the city and shall affix the same to all documents requiring the same. All use of the seal without the clerk's attestation to same shall be void.
(Code 2000, § 2-312)
Sec. 2-167. Inventory.
It is the duty of the city clerk to prepare and preserve a current inventory of all municipal property. To this end, it shall be the duty of each officer, having in charge or custody any property belonging to the city, to file promptly upon delivery of such property to him a statement of such property, its condition and original purchase price or appraised value. The clerk shall classify such reports and assemble the same in a general inventory of city property.
(Code 2000, § 2-313)
Secs. 2-168– 2-187. Reserved.
DIVISION 5.
CITY TREASURER
Sec. 2-188. Office created.
The office of city treasurer is hereby created and established. The officer shall be appointed as provided by the city Charter, by state law, and by the board of commissioners from time to time, and shall hold his office until his successor is appointed and qualified.
(Code 2000, § 2-320)
State law references: Appointment and duties of city treasurer, 11 O.S. § 10-118
Sec. 2-189. Custodian of funds.
The city treasurer shall be the lawful custodian of all municipal funds and monies belonging to the funds and shall keep all such money in approved depositories and pay out the same only in a manner provided by law.
(Code 2000, § 2-321)
State law references: Deposits by treasurers; 11 O.S. § 12-110; depositories, 62 O.S. § 71 et seq.
Sec. 2-190. Warrants.
The city treasurer shall pay money out of the treasury upon warrants or checks as provided by law.
(Code 2000, § 2-322)
Sec. 2-191. Accounts.
The city treasurer shall keep the accounts of the city in a book or books to be kept for that purpose which must clearly and fully show all monies received and disbursed by him in behalf of the city, setting forth the date of receipt, from whom received, the date of disbursement, to whom disbursed and the amount of such disbursement. It shall show for what purpose such money was disbursed and to what account the same was received and charged. The city treasurer shall issue a receipt to every person from whom he receives money, which shall show the fund to which the money is to be applied and the purpose of the collection. One copy of the receipt shall be retained by the treasurer and a copy thereof shall be furnished to the city clerk.
(Code 2000, § 2-323)
Sec. 2-192. Warrant and check register.
The city treasurer shall keep a register of all warrants and checks paid and describe each by date, number and amount and the name of the payee.
(Code 2000, § 2-324)
Sec. 2-193. Bond register.
The city treasurer shall keep in a book a complete list of every bond and coupon outstanding against the city, showing the maturing date, to whom originally sold, the amount of the payment falling due, whether principal or interest, and showing also the date of payment of any outstanding bond or interest coupon, the amount of same actually paid and the number of the bond or interest coupon retired. The city treasurer shall cancel all bonds, coupons, warrants, and other evidences of debt against the city, whenever the same are paid, by writing or stamping across the face thereof, "Paid by the City Treasurer," with the date of such payment written or stamped thereon.
(Code 2000, § 2-325)
Sec. 2-194. Reports.
It is the duty of the city treasurer at the end of each month to report to the board of commissioners, a statement of the financial condition and transactions of his office for the month ending, which statement shall be in writing and under his oath and shall set forth clearly and fully:
(1) The balance in the treasury at the beginning and at the end of the month;
(2) The amount received during the month, and from whom and on what account received and to what fund applied;
(3) The amount disbursed during the month and to whom and on what account disbursed and to what fund charged;
(4) The amount of warrants redeemed during the month and from whom received and on what account drawn;
(5) The amount of bonds and interest coupons redeemed during the month;
(6) The amount of warrants purchased by him with the sinking fund with a list thereof attached;
(7) The amount that has been credited to the respective funds which are or may hereafter be provided for by the board of commissioners; and
(8) The amount of interest, profit, compensation or money received by him, or to be received by him from any person, bank or corporation, for the use, control or deposit of the city funds in his charge, together with the amount of interest earned on warrants purchased with the sinking fund.
(Code 2000, § 2-326)
Secs. 2-195– 2-211. Reserved.
DIVISION 6.
CITY ATTORNEY*
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State law references: City attorney's name in municipal action or proceeding, 21 O.S. § 577; enforcement of liquor laws by city attorney, 37 O.S. § 569; prosecuting officer in municipal court, 11 O.S. § 27-108; legal advisor of police pension board, 11 O.S. § 50-108; procedures as to sinking funds, 62 O.S. § 541.
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Sec. 2-212. Office created.
The office of city attorney is hereby created and established. The city attorney shall be a person of good moral character, licensed to practice law in the state. He shall be appointed as provided by the city Charter, by state law, and by the board of commissioners from time to time, and shall hold his office until his successor is appointed and qualified unless sooner discharged by the board of commissioners.
(Code 2000, § 2-401)
Sec. 2-213. Advise city officials.
It is the duty of the city attorney to attend the meetings of the board of commissioners when requested to do so by the mayor or any commissioner, and to give legal advice to all city officials. He shall render legal assistance to all city officers and employees engaged in the performance of their official duties when so requested.
(Code 2000, § 2-402; Ord. No. 574, 10-13-1989)
Sec. 2-214. Prosecute and defend.
The city attorney shall appear, prosecute and defend all actions wherein the city is a party and perform such other professional services as may be required of him by the board of commissioners.
(Code 2000, § 2-403)
Sec. 2-215. Draft documents.
The city attorney shall draw such ordinances, resolutions, notices, forms, leases, deeds, papers and other documents as may be required of him by the board of commissioners or any officer of the city.
(Code 2000, § 2-404)
Sec. 2-216. Attorney's record.
The city attorney shall keep in a proper book of record, to be provided for that purpose at the expense of the city, a register of all actions prosecuted or defended in courts of record, in which the city may be a party, and all proceedings had therein which shall at all times be open to the inspection of the mayor or any member of the board of commissioners.
(Code 2000, § 2-405)
Sec. 2-217. Annual report.
(a) The city attorney shall annually, on or before the first day of April in each year, report in writing to the board of commissioners, a statement of all suits instituted and pending in any courts of record in which the city is a party. The report shall contain:
(1) The names of all defendants or plaintiffs;
(2) The nature of the action;
(3) The date of the commencement;
(4) The several steps that may have been taken in court during his term of office to bring such suits to a final issue; and
(5) The disposition to be made of same.
(b) The report shall have such explanatory remarks as the city attorney may see fit to make to the end that the board of commissioners may be kept fully advised on the legal affairs of the city. He shall make reports of like nature on any subject pertaining to his office at any time on request of the board of commissioners.
(Code 2000, § 2-406)
Sec. 2-218. Conflict of interest between city and agencies.
In all cases wherein the interests of the city conflict with those of any board, commission or other agency of the city, the city attorney shall represent the city, and such board, commission or agency shall be authorized to retain another attorney and pay for his services from funds available to it, if not prohibited from so doing by state law or ordinance of the city.
State law references: Defense of municipal employees, 11 O.S. § 23-102 et seq.; attorneys employed by planning commission, 11 OS. § 45-103.
Secs. 2-219– 2-244. Reserved.
DIVISION 7.
CITY ENGINEER*
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State law references: Municipal authority to contract for services of consulting engineers, 11 O.S. § 36-110; municipal authority to appoint and employ engineers and other officers to superintend and operate waterworks, 11 O.S. § 37-108; contracting for services of consulting engineers regarding sewer and water system improvements, 11 O.S. § 37-210; authority of municipal planning commissions to employ engineers, 11 O.S. § 46-101.
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Sec. 2-245. Office created.
The office of city engineer is hereby created and established. The engineer shall be appointed as provided by the city Charter, by state law, or by the board of commissioners from time to time, and shall serve at the will and pleasure of the board of commissioners.
(Code 2000, § 2-501)
Sec. 2-246. Maps and blueprints to be kept on file.
(a) It is the duty of the city engineer to prepare and keep on file in his office suitable and complete maps and blueprints of the following:
(1) The additions, annexations and disconnections of territory to the city, including the original town site;
(2) The waterworks system, showing the location and size of all water lines, fire hydrants, manholes, main valves and public hydrants or troughs;
(3) The storm and sanitary sewer mains, submains and laterals and their size and elevation, including the established location of taps, manholes, catchbasins and other fixed equipment;
(4) Sidewalks, crossings, curb and street grades and the datum plans; and
(5) Elevations, paving specifications and rights-of-way.
(b) Pending any vacancy in the office, such records shall be kept on file by the city clerk.
(Code 2000, § 2-502)
Secs. 2-247– 2-270. Reserved.
DIVISION 8.
HEALTH AND SAFETY OFFICERS*
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State law references: Health Maintenance Organization Act of 2003, 36 O.S. § 6901 et seq.; Oklahoma Public Health Code, 63 O.S. § 1-101 et seq.; governing board of city to serve as ex offio board of health, appointment of health officer, 63 O.S. § 1-209; city-county boards of health, 63 O.S. § 1-216; authority for municipal regulation of public health, 11 O.S. § 22-120; functions of health departments, 63 O.S. § 1-206; funds for operation of health departments, 63 O.S. § 1-208.
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Sec. 2-271. Cooperative health department; director.
The cooperative health department of the county and its director shall have the powers of a city health department and city health officer respectively for the city. References to health department, city physician, health officer or director of the health department in this Code and in other ordinances of the city mean the cooperative health department and its director unless the context clearly indicates another meaning.
(Code 2000, § 2-503)
State law references: Authority for agreement for creation of city-county health department, 63 O.S. § 1-214.
Sec. 2-272. Director of safety/safety inspector.
The director of safety/safety inspector shall ensure that all work performed by the city or its agents, shall be in compliance with all federal and state safety regulations. The safety director/safety inspector shall conduct safety meetings for the benefit of the employees of the city at least once a month.
(Code 2000, § 2-504; Ord. No. 576, 2-19-1990)
Secs. 2-273– 2-292. Reserved.
ARTICLE IV.
DEPARTMENTS AND COMMITTEES*
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State law references: Municipal departments and services generally, 11 O.S. § 26-101 et seq.; departments included in council-manager form of government, 11 O.S. § 10-119.
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DIVISION 1.
GENERALLY
Sec. 2-293. Mayor to appoint committees.
All committees shall be appointed by the mayor unless otherwise directed by the board of commissioners.
(Code 2000, § 2-104)
Secs. 2-294– 2-319. Reserved.
DIVISION 2.
DEPARTMENTS
Sec. 2-320. Departmental organization.
The administrative service of the city shall be divided into such as may be established from time to time by the city commission. The city commission shall appoint a director or head of each department or agency who shall be its principal officer.
State law references: Cemetery services, 11 O.S. § 26-101 et seq.; court services, 11 O.S. § 27-101 et seq.; fire departments, 11 O.S. § 29-101 et seq.; parks and recreation departments, 11 O.S. § 33-101 et seq.; police departments, 11 O.S. § 34-101 et seq.; public utility departments, 11 O.S. § 35-101 et seq.; road and street departments, 11 O.S. § 36-101 et seq.; sewer and water system departments, 11 O.S. § 37-101 et seq.
Sec. 2-321. Department heads; responsibilities and duties.
Each department head shall be responsible for the administration and direction of the affairs and operations of his department or agency, subject to the direction and supervision of the city manager. Each such department head shall:
(1) Be immediately responsible to the city manager for the effective administration of his respective department and all activities assigned thereto;
(2) Keep informed as to the latest practices in his particular field and inaugurate, with the approval of the city manager, such new practices as appear to be of benefit to the service and to the public;
(3) Submit annual reports of the activities of his respective department to the city manager;
(4) Establish and maintain a system of filing and indexing records and reports in sufficient detail to furnish all information necessary for proper control of departmental activities and to form a basis for the periodic reports to the city manager;
(5) Have power, when authorized by the city manager, to appoint and remove, subject to personnel regulations, all subordinates under him; and
(6) Be responsible for the proper maintenance of all city property and equipment used in his respective department.
Sec. 2-322. Intradepartmental cooperation.
Each department shall cooperate with every other department and shall furnish, upon the direction of the city manager, any other department such service, labor, and materials as may be requisitioned by the head of each department, as its own facilities permit.
Secs. 2-323– 2-347. Reserved.
ARTICLE V.
BOARDS AND OTHER BODIES*
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State law references: Creation and powers of board of adjustment, 11 O.S. §§ 44-101 to 44-110; municipal park and recreation boards, establishment, members, etc., 11 O.S. § 33-101 et seq.; municipal planning commissions, creation and powers, 11 O.S. § 45-101 et seq.
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Sec. 2-348. Bodies enumerated.
(a) Provisions regarding the following boards, commissions, and authorities are provided in this Code as follows:
(1) Ambulance Services District, Board of Trustees: article V of chapter 24.
(2) Housing Appeals Board: section 10-357 of chapter 10.
(3) Park Board: article II, chapter 38.
(4) Personnel Board: City Charter, article III, section 5.
(5) Emergency Management Advisory Committee, section 18-21 of chapter 18.
(6) Planning Commission: article II of chapter 42.
(7) Regional Planning Commission: article III of chapter 42.
(b) In addition to the entities established in this Code as enumerated in subsection (a) of this section, the city has established the Collinsville Economic Development Authority by Declaration of Trust, dated December 5, 2005, a copy of which declaration is available in the office of the city clerk.
Secs. 2-349– 2-369. Reserved.
ARTICLE VI.
FINANCE AND PURCHASING*
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State law references: Payment of municipal claims, 11 O.S. § 17-102; annual municipal audit, 11 O.S. § 17-105; publication of city financial statements, 11 O.S. § 17-113; Municipal Budget Act, 11 O.S. § 17-201 et seq.; municipal budget required, 11 O.S. § 17-205; public finances, 62 O.S. § 1 et seq.
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DIVISION 1.
GENERALLY
Sec. 2-370. Authority to set fees.
The city commission shall, by ordinance, set fees for administrative costs incurred by the city in connection with the administration of this Code. The ordinance shall be amended from time to time as the city commission deems necessary to reflect any changes in the actual costs to the city. The fee schedule shall be set forth in a separate chapter of this Code.
Sec. 2-371. Return check charge.
There shall be a fee in the amount provided in the city fee schedule for any check written to the city for any purpose which check is returned for nonpayment for any reason.
Sec. 2-372. Depositories designated; funds to be deposited.
The city treasurer shall deposit daily all public funds in depositories designated by the board of commissioners. With approval of the city board, the city treasurer shall have authority to deposit surplus funds in his custody on a time deposit basis as authorized by law.
(Code 2000, § 7-101; Ord. No. 744, 3-15-2004)
Sec. 2-373. Funds secured by the security for local public deposit act.
The deposits of the city shall be secured as provided for by the Security for Local Public Deposits Act, 62 O.S. § 517.1 et seq.
(Code 2000, § 7-102; Ord. No. 744, 3-15-2004)
Sec. 2-374. Identity theft prevention program adopted.
The city has established an identity theft prevention program, and the city manager is designated as senior administrator to oversee the development, implementation and maintenance of the plan.
(Res. No. 2009-06, 5-4-2009)
Secs. 2-375– 2-404. Reserved.
DIVISION 2.
PURCHASING*
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State law references: Purchases and sales, 11 O.S. §§ 22-101, 22-104; councilpersons furnishing supplies, 21 O.S. § 355 et seq.; purchase from person with criminal background, 51 O.S. § 24.3; competitive bids, 61 O.S. § 101 et seq.; contracts and expenditures, 62 O.S. § 310.1 et seq.; central purchasing, 74 O.S. § 85.1 et seq.
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Sec. 2-405. Purchases.
All purchases of supplies, materials, equipment, and contractual services for the office, departments, and agencies of the city government, including all public trust of which the city is sole beneficiary, shall be made by the city manager or by other designated personnel in accordance with purchase authorizations established by the city manager.
(Code 2000, § 7-103; Ord. No. 744, 3-15-2004)
State law references: Municipal contracts and expenditures, 62 O.S. § 310.1 et seq.
Sec. 2-406. When prior approval of commission required.
Every contract for a purchase of supplies, materials, equipment or contractual services for more than $10,000.00 shall require the prior approval of the city commission, or of the governing board of the public trust whose funds would support the contract; provided that contracts for the purchase of supplies, material, equipment or contractual services for the $10,000.00 or less may be made solely by the city manager or the city manager's designee, provided further that contracts for contractual services which are subject to options to renew or other similar extensions over multiple years may be renewed by the city manager of the city manager's designee.
(Code 2000, § 7-104; Ord. No. 744, 3-15-2004)
Sec. 2-407. General procedure.
(a) Before any purchase of, or contract for, supplies, materials, equipment or contractual services is made, except as otherwise provided in this division, the city manager or a designee shall submit to at least three persons dealing in and able to supply the same, or to a smaller number if there are not three dealing and able to supply the same, a request for a quotation or an invitation to bid and specifications. To give them an opportunity to respond, the city manager's designee shall also publish a notice which includes an invitation to bid on the proposed purchase in a newspaper of general circulation within the city.
(b) The city manager may favor a person or business in the city when this can be done without additional cost to the city, but the city manager or the designee shall submit requests for quotations or invitations to bid to those outside the city whenever necessary to secure bids or to create competitive conditions, and shall purchase from them when the city manager or the designee can make a savings for the city.
(c) All bids or proposals submitted under this division shall be sealed and shall be opened in public at a designated time and place. Late bids shall not be accepted after the time of the bid opening.
(d) The city manager or his designee may repeatedly reject all bids and again may submit to the same or other persons a request for a quotation or invitation to bid, and may again publish a notice of a proposed purchase.
(e) The city and the public trust shall purchase only from the bidder or proposer that bid or proposal which is most advantageous to the city, considering price, quality, date of delivery, warranty, ease and convenience of repair, and other relevant factors.
(f) In the case of a tie, the city manager or his designee may purchase from one of those tying or may divide the purchase among those tying, always accepting the bid or proposals most advantageous to the city.
(Code 2000, § 7-105; Ord. No. 744, 3-15-2004)
State law references: Public competitive bidding law, bidding required on construction and public works projects over $7,500.00, 61 O.S. § 101 et seq.
Sec. 2-408. When competitive bidding not required.
The following may be purchased without giving an opportunity for competitive bidding:
(1) Supplies, materials, equipment or contractual services, the cost of which does not exceed $25,000.00 in a single transaction;
(2) Supplies, materials, equipment or contractual services which can be furnished only by a single dealer or which have a uniform price wherever bought;
(3) Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including government surplus;
(4) Contractual services (natural gas, telephone service and the like) purchased from a public utility at a price or rate determined by the state corporation commission or other government authority;
(5) Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency authorized to regulate prices for things purchased by the state (whether such price is determined by a contract negotiated with a vendor or otherwise);
(6) Contractual services of a professional nature, such as engineering, architectural and medical services.
(Code 2000, § 7-106; Ord. No. 744, 3-15-2004)
Secs. 2-409– 2-429. Reserved.
DIVISION 3.
SALE OF SURPLUS PROPERTY
Sec. 2-430. Authority of city manager.
The city manager may sell or issue authorizations for the sale of surplus or obsolete supplies, materials and equipment, subject to the provisions of state law and this article.
(Code 2000, § 7-107; Ord. No. 744, 3-15-2004)
Sec. 2-431. When commission action required.
No surplus or obsolete supplies, materials or equipment of a value of more than $10,000.00 may be sold or donated as authorized under state statutes until the commission shall have declared them obsolete or surplus.
(Code 2000, § 7-108; Ord. No. 744, 3-15-2004)
Sec. 2-432. General procedure.
(a) Before the city manager sells any surplus or obsolete supplies, materials or equipment, except as otherwise provided in this division, he shall advertise them for sale in a newspaper of general circulation in the city or give notice in such other manner as he deems necessary adequately to reach prospective buyers to give them an opportunity to make bids.
(b) All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction.
(c) The city manager may repeatedly reject all bids and advertise or give notice again. He may sell such supplies, materials, or equipment only to the highest responsible bidder for cash. In case of a tie, he may sell to either of the bidders tying or may divide the sale among two or more tying, always selling to the highest responsible bidder or bidders for cash.
(Code 2000, § 7-109; Ord. No. 744, 3-15-2004)
Sec. 2-433. When competitive bidding not required.
The city manager may sell the following without giving an opportunity for competitive bidding:
(1) Surplus or obsolete supplies, materials or equipment the total value of which does not exceed $500.00 in a single transaction;
(2) Supplies, materials or equipment when sold at a price at least as great as that paid by the city for the same.
(Code 2000, § 7-110; Ord. No. 744, 3-15-2004)
Secs. 2-434– 2-464. Reserved.
ARTICLE VII.
PUBLIC RECORDS*
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State law references: Retention of municipal records, 11 O.S. § 22-131; records generally, 67 O.S. § 1 et seq.; Records Management Act, 67 O.S. § 201 et seq.; Open Records Act, 25 O.S. § 301 et seq.
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Sec. 2-465. Appointment of official custodians.
The following city officials are hereby appointed as official custodians for purposes of the Oklahoma Open Records Act, 25 O.S. § 301 et seq., and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed public records:
(1) City clerk. All public records kept and maintained in the city clerk's office and all other public records not provided for elsewhere in this article.
(2) City treasurer. All public records not on file in the office of the city clerk and kept and maintained in the city treasurer's office.
(3) Chief of police. All public records not on file in the office of the city clerk and kept and maintained in the city police department.
(4) Fire chief. All public records not on file in the office of the city clerk and kept and maintained in the city fire and rescue department.
(5) City attorney. All public records not on file in the office of the city clerk and kept and maintained in the city attorney's office.
(6) Court clerk. All public records not on file in the office of the city clerk and kept and maintained in the municipal court.
(7) City librarian. All public records not on file in the office of the city clerk and kept and maintained in the city library.
(Code 2000, § 2-901)
Sec. 2-466. Designation of additional record custodians.
(a) Each of the official custodians appointed in this article is hereby authorized to designate any subordinate officers or employers to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Oklahoma Open Records Act, 25 O.S. § 301 et seq.
(b) Whenever an official custodian shall appoint another person as a record custodian, he shall notify the city clerk of such designation and the city clerk shall maintain a register of all such designations.
(Code 2000, § 2-902)
Sec. 2-467. Duties of custodians.
All city officials and employees appointed or designated under this article shall:
(1) Protect public records from damage and disorganization;
(2) Prevent excessive disruption of the essential functions of the city;
(3) Provide assistance and information upon request;
(4) Insure efficient and timely action and response to all applications for inspection of public records; and
(5) Carry out the procedures adopted by this city for inspecting and copying open public records.
(Code 2000, § 2-903)
Sec. 2-468. Requests to be directed to custodians.
(a) All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Oklahoma Open Records Act, 25 O.S. § 301 et seq., shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied.
(b) Whenever any city official or employee appointed or designated as a custodian under this chapter is presented with a request for access to, or copy of, a public record which record the custodian does not have in his possession and which he has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record. The person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request.
(Code 2000, § 2-904)
Sec. 2-469. Procedures regarding both inspection and copying of open public records.
(a) The following procedures are hereby adopted and shall be applied by each official custodian and record custodian:
(1) Consistent with the policy, duties and procedures established by the Oklahoma Open Records Act, 25 O.S. § 301 et seq., record custodians shall provide full access and assistance in a timely and efficient manner to persons who request access to open public records.
(2) Record custodians shall protect the integrity and organization of public records with respect to the manner in which such records are inspected and copied.
(3) Record custodians may prevent excessive disruptions of essential functions and provide the record at the earliest possible time.
(4) All inspections and copying of open public records shall be performed by, or under the supervision of, the record custodian responsible for such records.
(5) All persons requesting the inspection of or a copy of open public records shall make such request in writing prior to the request being honored, except that no form shall be required for requests made for records which have been reproduced for free public distribution.
(6) All record inspection and copying forms are to be completed by the person requesting the record. The record custodian may demand reasonable identification of any person requesting a record.
(7) Any fees for record inspection or for copies are due at the time the records, or copies thereof, are provided to the requester, unless the record custodian has demanded that prepayment of all or part of such fees be made. Fees are to be paid to the record custodian or city clerk.
(8) The record custodian or city clerk shall demand full or partial prepayment of fees.
(9) No record search or copying charge shall be assessed against officers or employees of the city who make requests which are reasonably necessary to the performance of their official duties.
(10) Hours for making requests for inspection or copying shall be all regular working hours for each day the office maintains regular office hours.
(11) Removal of open public records from the office where kept and maintained, for purposes of inspection or the making of copies shall not be permitted.
(b) The procedures of subsection (a) of this section, as well as any other inspection and copying procedures, shall be posted in a conspicuous place in the office of the record custodian.
(Code 2000, § 2-905)
Sec. 2-470. Procedures regarding inspection of records.
(a) Record custodians shall handle all inspection requests in accordance with their duties to protect and preserve public records and to assist persons requesting inspection of open public records.
(b) All request forms must be completed by the party requesting the record. In all cases the party so requesting must sign his individual name to the form. Written requests shall be made on the form provided by the record custodian and presented to the record custodian.
(c) A written request is sufficient if it reasonably describes the record sought. In instances where the requester cannot provide sufficient information to identify a record, the custodian shall assist in making such identification.
(d) The record custodian shall, upon making a denial of an inspection request, forward a copy of the denial to the city manager.
(Code 2000, § 2-906)
Sec. 2-471. Procedures regarding copies of open public records.
(a) Record custodians shall handle all copy requests in accordance with their duties to protect and preserve public records and to assist persons requesting copies of open public records.
(b) All request forms must be completed by the party requesting the copies. In all cases the party so requesting must sign his individual name to the form. Written requests shall be made on the form provided by the record custodian.
(c) Mechanical reproduction of a record shall not be undertaken when it is the judgment of the record custodian that any available means of mechanically reproducing the subject record is likely to cause damage to such record.
(d) No copy fee shall be assessed when multiple copies of the record requested have been prepared for free public distribution, or when the record custodian determines that the cost of charging and handling the fee exceeds the cost of providing a copy without charge.
(Code 2000, § 2-907)
Sec. 2-472. Fees.
(a) No charge for records inspection. Where a request has been made for the inspection of an open public record, no fee shall be charged.
(b) Photocopy costs. A fee per page set forth in the city's fee schedule shall be charged for photocopying an open public record, such fee to cover the cost of labor, materials and equipment.
(c) Reproduction costs. For copying any open public record which cannot be reproduced by photocopying, such as a computer printout or a blueprint, the requester shall be charged the actual cost to the city, including the cost of labor, materials and equipment.
(d) Search fee. A search fee shall be charged to a requester who is using the record solely for a commercial purpose. Such fee shall be the actual cost to the city of producing the record, including the cost of labor, materials and equipment.
(e) Prepayment of fees. A record custodian may demand prepayment of a fee whenever the estimated amount exceeds $20.00. The prepayment amount shall be an estimate of the cost of copying, mechanical reproduction or searching for the record. Any overage or underage in the prepayment amount shall be settled prior to producing the requested record or delivering the copy or mechanical reproduction of the record.
(Code 2000, §§ 2-908– 2-912)