PART I
CHARTER*

------------

Editor's note: Printed herein is the Charter of the City of Collinsville, Oklahoma, duly adopted by vote of the town electors on the November 24, 1913. Many provisions of the 1913 Charter have been superseded by subsequent amendments to general law. The user is directed to the corresponding provisions within the following Code of Ordinances for the implementation of the city's charter authority as modified by current state statutes. Amendments to the Charter by subsequent referanda are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original. Obvious misspellings and punctuation errors have been corrected without notation. For stylistic purposes, headings and catchlines have been made uniform where possible and the same system of capitalization, citation to state statutes and expression of numbers in text as appears in the Code of Ordinances has been used. Additions made for clarity are indicated brackets. Although Collinsville is currently situated in two Oklahoma counties, Rogers and Tulsa, references in this Charter to Rogers County individually have been left unchanged from the original. References to the Tulsa County court, governing authority and county officials are construed to mean the governing authority, court and officials of that county only and are unchanged from the original.

State law references: Municipal charters generally, 11 O.S. § 13-101 et seq.; Home Rule Charter Act, 19 O.S. § 8.1 et seq.; provisions of charter prevail over general law, 11 O.S. § 13-109.

------------

Preamble

Article I.
Name, Boundaries, Succession, Laws and Ordinances, Liabilities Limitations, Exercise of Power

Article II. Elective Officers, Term of Office, Elections, Vacancies in Office, Distribution of Powers, Organization, Legislative Body, Legislative Powers, Compensation, Oath and Bond

Article III. City Manager and Administrative Departments

Article IV. Elections

Article V. Police Department

Article VI. Police Court

Article VII. Recall of Officers

Article VIII. [Street Duty]

Article IX. [Administration]

Article X. Fire Prevention and Code Enforcement

Article XI. [Health]

Article XII. [Municipal Services]

Article XIII. [Franchises, Personnel and Finance]

Article XIV. Revenue and Taxation

Article XV. Public Utilities

Article XVI. Street and Sidewalk Improvements

Article XVII. Schools

Article XVIII. Miscellaneous Provisions

PREAMBLE

We, the people of the City of Collinsville, Rogers County, Oklahoma, a city of more than two thousand inhabitants, under the authority of the Constitution and laws of the State of Oklahoma, do ordain and establish this Charter for the government of said city.

ARTICLE I.
NAME, BOUNDARIES, SUCCESSION, LAWS AND ORDINANCES, LIABILITIES LIMITATIONS, EXERCISE OF POWER

SECTION 1. NAME. The corporate name of the municipal corporation hereby continued shall be "City of Collinsville."

SECTION 2. All boundaries and limits to the City of Collinsville, Oklahoma, are hereby established and described and shall be as follows: Beginning at the intersection of 12th and State Streets; thence west to the centerline of Washington and State Streets; thence north to the centerline of Prairie and Washington Streets; thence west to the centerline of 19th and Prairie Streets; thence north along the centerline of 19th Street to the north line of Block 2 of Taylor's Addition; thence east along the north line of Block 2 of Taylor's Addition and thence north along the north line of Block 1 of Taylor's Addition; thence east along the north line of Blocks 2 and 1 of Middleton and Taylor's Addition to the west line of Block 10 of Middleton's Addition; thence north to the northwest line of Middleton's Addition; thence east along the north line of Middleton's Addition and the north line of Goodale's Addition to the northeast corner of Goodale's Addition; thence south to the north line of Block 3 of the original townsite of the City of Collinsville; thence east to the northeast corner of Block 1 of the original townsite of City of Collinsville; thence south to the southeast corner of Fair Acres Addition; thence west along the south line of Fair Acres Addition and Blocks 82 and 81 of the original townsite of the City of Collinsville to the east line of Lot 7 of Block 81 of the original townsite of the City of Collinsville; thence south along the east line of Block 81 and Block 83 of the original townsite to the centerline of Brook Street; thence west to the east line of the right-of-way of the Atchison, Topeka and Santa Fe Railroad; thence southwestwardly along the east line of the right-of-way of the Atchison, Topeka and Santa Fe Railroad to a point due east of the centerline of State Street; thence west to the point of beginning. All additions and lots and blocks referred to herein are as per the recorded plats of record and having reference to the original townsite of the City of Collinsville, Oklahoma, and its additions and subdivisions.

(Ord. of 8-14-1934)

SECTION 3. ADDITIONS TO CORPORATION BY PETITION. When a majority of the owners of an addition to the city which adjoins the city limits shall sign a petition, and file the same with the board of commissioners, asking that the corporate limits of the city be extended so as to include said addition, the board of commissioners shall enter said petition on its journal and shall pass a resolution extending the corporate limits so that said addition shall be included therein and constitute a part of said corporation, and the inhabitants residing thereon and the owners thereof shall be subject to, and entitled to all privileges of said corporation.

SECTION 4. ADDITION WITHOUT PETITION. Whenever there shall be laid off and platted an addition adjoining the city and a record of the same is made in the register of deeds' office, the board of commissioners may by resolution extend the boundary of the city so as to include said addition; and the addition so annexed shall thereafter form a part of the city and be within the jurisdiction thereof.

SECTION 5. ADDITION OF UNPLATTED LANDS. Whenever the city shall desire to annex continguous territory thereto not platted, laid out or recorded, the commissioners shall pass a resolution annexing said territory, and said resolution shall specify the territory annexed, with the boundaries thereof according to the survey, which resolution, or an attested copy thereof, shall be conclusive evidence in the courts of such annexation; provided, further, that no land used for agricultural purposes shall be taken within the corporate limits of the city and taxed to any greater rate than other adjoining lands without the corporate limits of the city; except when such lands shall be on three or more sides [surrounded] by the corporate limits of the city, then said lands may be taxed at the same rate as adjoining vacant lots within the corporate limits of the city.

SECTION 6. PUBLICATION AND RECORDING OF PLAT. Whenever the city shall annex any territory as herein provided, the resolution shall be signed by the chairman of the board of commissioners and attested by the other commissioners, and the seal of the city affixed thereto. Said resolution shall be published in one issue of one or more newspapers published in and of general circulation in the city. A copy of said resolution together with the plat and map of survey defining the boundaries of such annexed territory, shall be filed in the office of the register of deeds of this county.

SECTION 7. SUCCESSION. The City of Collinsville shall continue a body politic and corporate and shall have perpetual succession; it shall retain, own, possess and control all records and documents, real and personal property, claims and demands of every kind and nature whatsoever, owned, controlled by or due to the City of Collinsville, at the time this Charter becomes effective and shall have power to prosecute all actions necessary to protect or recover the same.

SECTION 8. LAWS AND ORDINANCES. All provisions of the Constitution and laws of the State of Oklahoma, other than laws specially applicable to cities of the first class, in force at the time this Charter becomes effective or that may be thereafter adopted or enacted, [and] all provisions of the laws of the State of Oklahoma, relative to cities of the first class, in force at the time this Charter becomes effective or that may be thereafter adopted, not inconsistent with the provision of this Charter applicable to cities having a charter form of government, are hereby recognized as governing and controlling in and upon the City of Collinsville. All ordinances, resolutions, or bylaws of the City [of] Collinsville at the time this Charter becomes effective, not inconsistent with the provisions hereof, shall continue in full force and effect until amended or repealed in the manner provided by law.

SECTION 9. LIABILITIES. The City of Collinsville, shall, and hereby does assume payment of all legal liabilities, debts, demands, bonds, or judgments of every kind or nature whatever, for which the City of Collinsville may be liable at the time this Charter becomes effective, or that may thereafter accrue, but nothing herein shall be construed to legalize or validate any illegal or invalid demand, or impair any defense against the enforcement of the same.

SECTION 10. LIMITATIONS.

(a) The enumeration herein of certain powers as being conferred upon the City of Collinsville shall not be construed as a limitation upon the right of the city to exercise other powers not specifically enumerated and all powers competent to be exercised by the City of Collinsville, under the Constitution and laws of the State of Oklahoma, not specifically denied herein, are reserved to the city.

(b) The City of Collinsville shall not dispose of, sell, rent or incumber in any manner, any public utility, or any part thereof, without the approval of a majority of the qualified tax paying electors of the city, voting at a general or special election called for that purpose, upon not less than 20 days' notice thereof.

(c) Taxpaying electors, as in this section provided, shall be held and construed to mean electors otherwise qualified whose names appear upon the current tax rolls as having rendered property, held or situated in the city and subject to taxation for city purposes, or who have a deed, recorded in the office of the register of deeds, to property situated in the city and subject to taxation for city purposes; and said deed must have been recorded for 30 days or more prior to the election at which said party proposes to vote.

SECTION 11. EXERCISE OF POWERS. All the powers of the city shall be vested in and exercised by its board of commissioners, except as otherwise herein provided, subject to distribution and delegation in the manner herein provided.

SECTION 12. GENERAL POWERS. The City of Collinsville, made a body politic and corporate by this Charter, shall have perpetual succession, may use a common seal, may sue and be sued, may contract and be contracted with, implead and be impleaded in all courts and places, and in all matters whatever may take, hold and purchase lands as may be needed for corporate purposes of this city, and may sell any real estate or personal property owned by it; perform and render all public services and, when deemed expedient, may condemn property for public use within and without the city and may hold, manage and control the same, but in every case the city shall make the person or persons whose property shall be taken or injured thereby, adequate compensation therefor, in the manner and method of such condemnation and the method of ascertaining the compensation therefor as is now or shall hereafter be provided by the general laws of the State of Oklahoma.

SECTION 13. The City of Collinsville shall have power to enact and to enforce ordinances necessary to protect health, life and property and to prevent and summarily abate and remove nuisances, and to preserve and enforce the good government, order and security of the city and the inhabitants of said city, and to enact and enforce any and all ordinances upon any subject; provided that no ordinance shall be enacted inconsistent either with the Constitution or laws of the State of Oklahoma and consistent with the provisions of this Charter; and provided further, that the specifications of particular powers [to] be authorized shall never be construed as a limitation upon the general powers herein granted, it being intended by this Charter to grant to and bestow upon the inhabitants of the City of Collinsville full power of self-government, and it shall have and exercise all powers of municipal government not prohibited to it by this Charter, or by some general law of the State of Oklahoma or by the provisions of the Constitution of the State of Oklahoma.

SECTION 14. All real estate owned in fee simple title, or held by lease, sufferance, easement or otherwise; all public buildings, market houses, fire engine stations, public squares, parks, streets, alleys, and all property of whatever kind, character and description which has been granted, donated, purchased or otherwise acquired by the City of Collinsville through any means or agency, and all causes of action, cases in action rights or privileges of every kind and character, and all property of whatsoever character or description which may have been held, and is now held, controlled or used by said City of Collinsville for public uses or in trust of the public, shall vest in, and remain in and inure to said corporation, the City of Collinsville, under this Charter; and all suits and pending actions to which the City of Collinsville heretofore was, or now is a party, plaintiff or defendant, shall in no wise be affected or terminated by the provisions of this Charter, but shall continue unabated.

SECTION 15. PLATTING PROPERTY. Should any property lying within the city limits as established by this Charter, or be hereafter annexed, be hereafter platted into blocks and lots, then and in that event the owners of said property shall plot and lay the same off to conform with the streets and lots abutting the same, and shall file with the city engineer a correct map of same; provided that in no case shall the City of Collinsville be required to pay for any through streets at whatever date opened, but when opened by reason of the platting of said property at whatever date platted, they shall become by such act the property of the City of Collinsville for use as public highways and may be cared for as such.

ARTICLE II.
ELECTIVE OFFICERS, TERM OF OFFICE, ELECTIONS, VACANCIES IN OFFICE, DISTRIBUTION OF POWERS, ORGANIZATION, LEGISLATIVE BODY, LEGISLATIVE POWERS, COMPENSATION, OATH AND BOND

SECTION 1. There shall be four commissioners elected, one commissioner from each ward, the four commissioners to be elected by the qualified voters of each ward, respectively. Each commissioner shall be a resident of the ward he is elected to represent. There shall also be a mayor, who shall be elected by the qualified voters at large. The mayor shall be the executive officer of the city with the right to vote only when there is a tie vote on any subject among the commissioners. There shall also be a vice-mayor, who shall be elected by the board of commissioners. The board of commissioners shall elect from among its members a vice-mayor. The vice-mayor shall be elected during the board of commissioners' 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. The board of commissioners shall by resolution passed by a majority designate the absence, disability, or suspension of the 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. The board of commissioners shall by resolution passed by a majority designate the absence, disability, or suspension of the mayor and vice-mayor and the length of said absence, disability or suspension of the mayor and vice-mayor.

(Ref. of 4-1-1986; Res. of 1-27-2004, app. 2-4-2004)

Editor's note: Election held April 1, 1986, approved the addition of the last six sentences of the original version of this section. Thereafter, amendment of the entire section, approved at election held January 27, 2004, was approved by Governor Brad Henry on February 4, 2004.

SECTION 2. The mayor and city commissioners shall compose the board of commissioners, in which all power of the City of Collinsville shall be vested. The mayor and city commissioners shall have been residents of the City of Collinsville one year prior to their election, shall be qualified taxpaying voters of good moral character, and not in litigation with the city, and not under 25 years of age.

SECTION 3. The term of office of each commissioner shall be four years, once their terms of office are established as provided for in article IV, section 2, for their initial elections to take place in the year 2004. Thereafter, each commissioner shall be elected for a term of four years. The term of office for the mayor shall be two years. The term for each elected officer shall commence on the first Monday in May after his election, and he shall continue in office until his successor shall be elected and qualified.

(Res. of 1-27-2004, app. 2-4-2004)

Editor's note: The 2004 amendments to this section, approved at election held January 27, 2004, were approved by Governor Brad Henry on February 4, 2004.

SECTION 4. Elections shall hereafter be held every two years, at which time there shall be elected a successor to each of the commissioners whose term has expired, and for the mayor. Each elected official shall hold office for their designated term and until their successors are elected and qualified.

(Res. of 1-27-2004, app. 2-4-2004)

Editor's note: The 2004 amendments to this section, approved at election held January 27, 2004, were approved by Governor Brad Henry on February 4, 2004.

SECTION 5. A vacancy shall exist when an elective officer fails to qualify within ten days after his election, dies, resigns, removes from said city, absents himself therefrom for an unreasonable period except on account of sickness, is convicted of a felony, becomes a habitual drunkard, or [is] judicially declared mentally incompetent. If the office of an elective official shall become vacant for any cause, the legislative body shall appoint some eligible person to fill such vacancy, who shall hold such office until the next regular municipal election; or until his successor is elected and qualified. All elective officers and those appointed to fill vacancies, as herein provided, shall hold their respective offices subject to the provisions of the recall, as herein provided, or to be removed from office as provided by law.

SECTION 6. The board of commissioners shall constitute the legislative body of the city, and all legislative power, except as may be provided for initiative and referendum, shall be vested in said board of commissioners.

SECTION 7. The mayor shall preside at all meetings of the board of commissioners, and, in the absence of the mayor, the vice-mayor shall preside at the meeting wherein the mayor is temporarily absent. Three of the city commissioners shall constitute a quorum at any regular or special meeting of the city commissioners; provided, if two of the commissioners be absent, the mayor being present, the mayor shall be termed one of the three who shall constitute a quorum.

(Res. of 1-27-2004, app. 2-4-2004)

Editor's note: The 2004 amendments to this section, approved at election held January 27, 2004, were approved by Governor Brad Henry on February 4, 2004.

SECTION 8. 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.

SECTION 9. The board of commissioners shall levy and collect general, special assessment, license, [and] occupation taxes as may be necessary for the general operative expenses of the city and for the purpose of accumulations to the sinking and interest funds as provided by law, and they shall also collect the fines imposed by the police court [and] revenues from all public property and apportion the same to the proper funds. They [The commissioners] shall have supervision of all streets, alleys, cemeteries, parks and all other public property, and shall maintain and improve the same. They shall cause all street duty to be performed or collect the money due in lieu thereof. They shall make monthly reports which shall be substantially in the same form as the report now made by the city treasurer to the city clerk, and said reports shall become a part of their records and shall be subject to inspection by the public at all reasonable hours. They shall create by ordinance such offices, from time to time, as they may deem necessary to carry out the provisions of this Charter, define duties of such office, and delegate to such officer power and authority for the execution of the duties of such office. No officer shall ever be appointed or any person employed for any definite time, and their salary or compensation shall be fixed at the time of their employment. The mayor shall not be vested with the veto power. The board of commissioners shall enact and adopt all bylaws and ordinances, and rules and regulations for the government of the city. No funds of the city shall be disbursed until regularly appropriated by the board of commissioners.

SECTION 10. Elections shall be held under the same rules and regulations required by the election laws of the State of Oklahoma, and the mayor and each of the city commissioners shall be required to qualify within ten days of the time of his election.

SECTION 11. Each commissioner and the mayor shall qualify before entering upon the discharge of the duties of his office by taking the oath of office required by the laws of the State of Oklahoma for public officers, and by entering into a good and sufficient bond payable to the City of Collinsville and in substantially the form required by the laws of the State of Oklahoma for public officers, in the penal sum of $1,000.00, to be executed by some solvent surety company as surety, the premium to be paid by the city, conditioned for the faithful performance of the duties of his office, such bond to be approved by the judge of the county court of Tulsa County, Oklahoma, and when so approved, to be deposited in the office of the county clerk of said county. All officers, agents and employees, except as above provided, shall enter into such bond as may be required by the board of commissioners, such bond to be approved by them and kept as a part of the records of the city.

SECTION 12. The compensation of each member of the board of commissioners and mayor shall by $3.00 for each meeting that he attends, but in no case shall a member receive any compensation for services on committees or otherwise than herein provided; provided, further that no member of the board of commissioners shall receive for his services as such for any one year a sum exceeding $200.00; and provided further that when the mayor or any of the commissioners shall be out of the city for the purpose of transacting business of the city, he shall receive his traveling, hotel and other necessary and legitimate expenses incurred in connection therewith.

(Ord. of 4-23-1948)

ARTICLE III.
CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS

SECTION 1. CITY MANAGER; APPOINTMENT, TERM, QUALIFICATION, REMOVAL.

(a) There shall be a city manager. The board of commissioners shall appoint him 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 qualification. 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 limits of said city or the designated fence line thereof. Neither the mayor nor any commissioner may be appointed city manager or acting city manager during his term nor within two years after the expiration of his term.

(b) 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.

(Ref. of 7-1-1997)

SECTION 2. TEMPORARY ABSENCE OR DISABILITY OF 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.

(Ref. of 7-1-1997)

SECTION 3. CITY MANAGER; POWERS AND DUTIES. The city manager shall be chief administrative officer and head of the administrative branch of the city government. He shall execute the laws and ordinances and administer the government of the city, and shall be responsible therefore to the board of commissioners. He shall:

(a) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or remove all directors, or heads, of administrative departments and all other administrative officers and employees of the city except as he may authorize the head of a department, an officer, or an agency to appoint, lay off, suspend, demote, and remove subordinates in such department, office, or agency. No appointment to any position under the city government shall be made or withheld by reason of any political opinions, or affiliations, or political service; and no appointment to or removal from any office, or employment, and no transfer, promotion, reductions, reward, or punishment shall be in any manner effected or made by reason of such political opinions, affiliations, or political service. Neither the board of commissioners, any of the individual members, nor the mayor, may direct or request the appointment of any person to, or removal from, office or employment by the city manager or by any other authority, or, except as provided in this Charter, participate in any manner in the appointment or removal of officers and employees of the city.

(b) Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employees. Except for the purpose of inquiry, the board of commissioners, its individual members, as well as the mayor, shall deal with the administrative service solely through the city manager, and neither the board of commissioners, any individual member thereof, nor the mayor, may give orders on administrative matters to any subordinate of the city manager either publicly or privately.

(c) Prepare a budget annually and submit it to the board of commissioners, be responsible for the administration of the budget after it goes into effect and recommend to the board of commissioners any changes in the budget which he deems desirable.

(d) Submit to the board of commissioners a report as of the end of the fiscal year on the finances and administrative activities of the city of the preceding year.

(e) Keep the board of commissioners advised of the financial condition and future needs of the city, and make such recommendations to the board of commissioners on matters of policy and other matters as may seem to him desirable.

(f) Have such other powers, duties and functions as the Charter may prescribe, and such powers, duties, and functions consistent with this Charter as the board of commissioners may prescribe.

(Ref. of 7-1-1997)

SECTION 4. COMPENSATION. The compensation of all appointive officers, employees, or laborers, shall be established by the city manager; provided, however, no compensation shall be paid to any such officer, employee, or laborer, except for services actually performed, and after appropriation of funds therefor duly made. No officer or employee shall receive any pay, commission, money or thing of value, or derive any benefit, profit, or advantage, directly or indirectly, from or by reason of any dealings with, or service for the city, by himself or by others, or from or by reason of any improvements, alterations or repairs required by authority of the city, except his lawful compensation or salary as such officer or employee. No officer or salaried employee of the city shall, except as otherwise provided by this Charter, accept directly or indirectly, from any railroad, telegraph or telephone company, or from any owner of any public utility franchise in the city, any pass, frank, free ticket, free service, or any other service upon such terms more favorable than those granted to the public generally. The board of commissioners shall pass an ordinance providing for the punishment for the violation of this section.

(Ref. of 7-1-1997)

SECTION 5. PERSONNEL BOARD CREATED.

(a) There shall be a personnel board consisting of three members appointed by the board of commissioners for overlapping three-year terms. The term of one member shall begin July 1 in every year. The board of commissioners shall appoint the original members so that the term of one will expire at the time in each of the first three succeeding years. A member may not hold any other office or position of employment in the city government. The board of commissioners, by a vote of a majority of all its members, after adequate opportunity for a public hearing, may remove a member for the good of the service, and the vote shall be by yeas and nays and shall be entered in the journal. The board of commissioners shall fill vacancies for the unexpired terms. Members shall serve without compensation unless the board of commissioners provides otherwise.

(b) At the time prescribed for the beginning of the term of a newly appointed member or as soon thereafter as practicable, the board shall elect a chairman, a vice chairman, and a secretary; and the secretary need not be a member of the board. The board shall determine the time and place of its regular meetings, and the chairman or two members may call special meetings.

(c) The personnel board shall have power to subpoena officers and employees of the city and other persons to testify and to produce documents and other effects as evidence.

(Ref. of 7-1-1997)

SECTION 6. REMOVAL, ETC.; HEARING BEFORE THE PERSONNEL BOARD.

(a) The city manager or any other authority who lays off, suspends without pay for more than ten days, demotes, or removes any officer or employee in the classified service after a probationary period of six months, shall, at that time or within two days thereafter, deliver, or have delivered, or mail by registered, certified, or similar special mail, to the officer or employee a written statement of the reason or reasons for the lay off, suspension, demotion, or removal.

(b) Such officer or employee may appeal in writing to the personnel board. The appeal must be filed with the secretary of the board, or with the city clerk for transmittal to the board, within ten days after receipt of notice of the layoff, suspension, demotion, or removal.

(c) As soon as practicable thereafter, the board shall hold a public hearing on the appeal, or give an adequate opportunity therefor, and shall report in writing its findings and recommendations, in cases of subordinates of the city manager, to the city manager, and in other cases to the respective authorities having power of removal. The city manager or other authority having power of removal shall then make a final decision in writing regarding the appellant's layoff, suspension, demotion, or removal, as the case may be; provided that, if the board finds that the layoff, suspension, demotion, or removal was made for a political opinion or affiliation, or political service, or any other reason or reasons other than the good of the service, it shall veto the layoff, suspension, demotion, or removal and the action by the city manager or other authority shall be nullified thereby.

(Ref. of 7-1-1997)

ARTICLE IV.
ELECTIONS

SECTION 1. MAYOR AND COMMISSIONERS. On the first Tuesday in April in the year 2004, there shall be elected a mayor and four city commissioners. The mayor shall be elected by the qualified voters in the City of Collinsville at large. The commissioners shall be elected by the qualified voters of their wards, designated as commissioners for wards 1– 4, respectively.

SECTION 2. TERM OF OFFICE. The term of office for the mayor shall be two years. At the election in 2004 and in every fourth year thereafter, the commissioner from ward 1 and the commissioner from ward 2 shall be elected for terms of four years. At the elections in 2004, the commissioner from ward 3 and the commissioner from ward 4 shall be elected for a two-year term. In all elections thereafter, the term of office for commissioners from ward 3 and ward 4 shall be four years. The commissioners and the mayor shall serve their terms until their respective successors are elected and qualified. Their terms shall begin on the first Monday in May in the year in which they are elected.

SECTION 3. NON-PARTISAN ELECTIONS. Elections shall be non-partisan and no ballot shall have upon it any party emblem, sign, or designation, and there shall be nothing upon it to indicate the affiliation of any candidate with any political party or any organization.

SECTION 4. QUALIFICATION OF ELECTORS. All qualified electors of the city may vote in the election of the mayor and all qualified voters of the city for their respective ward may vote in the election for the city commissioner of that ward.

SECTION 5. ABSENTEE VOTING. In all elections conducted for city office, absentee ballots shall be permitted.

SECTION 6. WARDS. There shall be four wards which shall be numbered 1– 4. The wards shall be formed of compact, contiguous territory and be substantially equal in population. At intervals of not more than ten years, the commission shall review the wards and their boundaries and, if necessary, shall revise them to achieve and maintain substantial equality and population among the wards.

SECTION 7. FILING FOR OFFICE. Any person who desires to be a candidate for a city office shall file with the Election Board of Tulsa County or its successor a declaration of candidacy on the first Monday, Tuesday, or Wednesday of February, unless any such day or days be a legal holiday or a day wherein the office of the secretary of the county election board is lawfully closed.

SECTION 8. PRIMARY ELECTIONS. Any person qualified for the office for which he has filed may have his name placed upon the ballot for the primary election as a candidate for office. A primary election shall be held on the 1st Tuesday in March every two years to nominate candidates for office to succeed those whose terms are expiring that year. If only one person is a candidate for an office to be filled, he shall not only be nominated, but also elected ipso facto; and his name shall not appear on the primary or general election ballot. Every qualified elector of the city shall be entitled to vote for mayor and for one candidate for the office of commissioner for their ward. In a primary election, the two candidates for office to be filled receiving the greatest number of votes for that office shall be nominated. If one of the candidates for an office receives a majority of all votes cast for all candidates for that office, he alone shall be not only nominated, but also elected ipso facto; and his name shall not appear on the ballot for the general election. In case of failure to nominate because of a tie, the nominee or nominees (as the case may be) shall be determined from among those typing, fairly by lot, by the county election board in a public meeting. If one of the two candidates for an office nominated in a primary election dies or withdraws before the general election, the remaining candidate shall be elected ipso facto and his name need not appear on the ballot for the general election.

SECTION 9. GENERAL ELECTION. A general election shall be held in the city on the first Tuesday in April every two years to elect the officers to succeed those whose terms are expiring that year. Every qualified elector of the city may vote for one of the two candidates for mayor and for one of the two candidates for the commissioner from their Ward, but may not vote for any other person. The candidate for each office receiving the greater number of votes shall be elected. In case of failure to elect because of a tie, the election shall be determined from among those tying, fairly by lot, by the county election board in a public meeting.

SECTION 10. WHEN ELECTIONS ARE NOT TO BE HELD. If there are no candidates and no questions to be voted upon at a primary or general election, the election shall not be held.

SECTION 11. STATE CONSTITUTION AND LAW TO GOVERN. The provisions of the state constitution and law applicable to city elections shall govern such elections in this city insofar as they are applicable and not superseded by this Charter or by ordinance.

(Res. of 1-27-2004, app. 2-4-2004)

Editor's note: The 2004 amendments to this section, approved at election held January 27, 2004, were approved by Governor Brad Henry on February 4, 2004.

ARTICLE V.
POLICE DEPARTMENT

SECTION 1. POLICE POWERS. The City of Collinsville shall have power, by ordinance duly passed to: Establish and maintain a city police department, prescribe the duties of policemen and regulate their conduct.

SECTION 2. To permit, forbid or regulate theatres, balls, dance houses and other public amusements, and to suppress the same whenever the preservation of order, tranquility, public safety or good morals may demand.

SECTION 3. To prohibit dram shops, drinking saloons and other places where intoxicating liquors are sold, and to close variety theatres when necessary, expedient or advisable.

SECTION 4. To prohibit and punish keepers and inmates of bawdy houses and variety shows, to prevent and suppress assignation houses and houses of ill fame, and to regulate, colonize and segregate the same, to determine such inmates and keepers to be vagrants, and provide for the punishment of such persons, and to prevent all desecration of the Sabbath, commonly called Sunday, and to prevent all kinds of public indecencies.

SECTION 5. To inspect weights and measures, fix standards of weights and measures, and to fix penalties for not using or conforming to the same, and to provide that inspection fees may be fixed by ordinance.

SECTION 6. To make all needful and proper regulations concerning keepers of hotels, taverns, and other public houses, draymen, horse drivers, water carriers, omnibus drivers, hack drivers, drivers of baggage wagons, and other vehicles; to establish maximum rates for all kinds of transportation within the city limits, to prevent extortion and to preserve order and prevent noise and confusion in and about the several depots on the arrival and departure of railway trains, and to provide how and where hacks, or other vehicles shall stand or take their position upon the streets adjacent or near said depots, and where they shall stand when not receiving or discharging passengers.

SECTION 7. To suppress gambling houses and to punish keepers of gambling houses and pool sellers, and all persons who play cards or games of change of any kind, and to punish persons who sell lottery tickets or who advertise lottery drawings or schemes and results of drawing of lotteries.

SECTION 8. To provide for the regulation of bakers and to prescribe the weight, quality and price of bread manufactured or sold in the City of Collinsville, according to the price of the material or otherwise, and to provide for the inspection of milk cows, whether kept within the city or without the city limits, from which milk is sold within the city, and to provide for the inspection of the milk offered for sale, and to prescribe the fees to be charged therefor.

SECTION 9. To establish and regulate public grounds, and to regulate and restrain and prohibit the running at large of horses, mules, cattle, sheep, swine, goats, chickens, geese and pigeons and to authorize the distaining, impounding and sale of the same for the cost of the proceedings and the penalty incurred and to order their destruction when they cannot be sold, and to impose penalties upon the owners thereof for the violation of any ordinances regulating or prohibiting the same, and impose penalties for nonpayment of said tax.

SECTION 10. To tax, regulate, restrain and prohibit the running at large of dogs, and to authorize their destruction when at large contrary to ordinances, and to impose penalties upon the owners and keepers thereof; provided that any dog running at large may be immediately destroyed.

SECTION 11. To prohibit and restrain or regulate the rolling of hoops, the flying of kites and firing of firecrackers, the use of velocipedes, roller skates and bicycles, slingshots, and the use of any pyrotechnic or any other amusement of practices tending to annoy persons passing upon the streets or sidewalks, or to frighten horses and teams.

SECTION 12. To restrain and prohibit the ringing of bells or blowing of horns, bugles and whistles, crying of goods, and all other noises, practices and performances tending to the collection of persons in the streets or sidewalks, by auctioneers and others for the purpose of business, amusement or otherwise.

SECTION 13. To prohibit mendicants, beggars or persons of infirm or maimed bodies, or suffering with diseases of any kind, from soliciting alms, help or assistance upon the streets or sidewalks of said city, and to prescribe a penalty by fine of nonobservance thereof.

SECTION 14. To prohibit and regulate the ringing of bells and blowing of whistles of railroad engines or locomotives within the city limits, and to regulate and control the speed thereof.

SECTION 15. To regulate and control or prevent the driving of cattle, horses and all other animals into or through the city.

SECTION 16. To prevent all trespasses and breaches of the peace and good order, assault and batteries, fighting, quarreling, using abusive, profane and insulting language, misdemeanors and all disorderly conduct and to punish all persons thus offending.

SECTION 17. To require on due notice, all steam or street railway companies owning tracks within the city limits, upon the public streets or highways of said city, which may have been or may hereafter be abandoned by said companies by nonuse, to remove such tracks and to restore at their own expense the street or way upon which such abandoned track is located to its former condition.

SECTION 18. To prohibit, prevent and suppress horse racing, immoderate riding and driving in the streets of said city.

SECTION 19. To prohibit cruel treatment of animals and to punish the abusers of animals.

SECTION 20. To compel persons to fasten their horses or other animals attached to vehicles or otherwise hitched or standing in the streets.

SECTION 21. To restrain and punish vagrants, mendicants, beggars and prostitutes.

SECTION 22. To regulate and control the sale, gift, barter or exchange of cocaine, opium, morphine and salts thereof.

SECTION 23. To license, tax and regulate auctioneers, clairvoyants, contractors druggists, hawkers, peddlers, palmists, bankers, brokers, pawnbrokers, merchants of all kinds, grocers, confectioners, restaurants, butchers, taverns, public boarding houses, billiard tables and other gaming tables, bowling alleys, drays, hacks, carriages, omnibuses, cars, wagons and other vehicles used in the city for pay, hay scales, lumber dealers, undertakers, furniture dealers, saddlery or harness dealers, stationers, jewelers, livery stable keepers, real estate agents, express companies or agencies, telegraph companies or agencies, life or fire insurance companies or agencies, shows, theaters, all kinds of exhibitions for pay, and all other trades, professions, occupations and callings of every kind. To license and regulate any itinerant or transient vendor of clothing or wearing apparel or article of bedding or merchandise of any description whatever, ticket brokers, or scalpers, or dealers in railway tickets, dealers in bankrupt or fire stock, or damaged stocks of any kind, secondhand dealers, pawnbrokers, junk shops and dealers in junk, and all other business or occupations whatever, which in the opinion of the board of commissioners shall be properly subject to police regulation. To require the person or persons or corporations pursuing any business or occupation mentioned in this section to give all bonds in such amounts and under such condition as the board of commissioners may prescribe; no license shall be assignable, except by the permission of the board of commissioners.

SECTION 24. To license, tax, regulate, prevent or suppress paupers, peddlers, pawnbrokers and keepers of theatrical or other exhibitions, shows and amusements. To license, tax and regulate or prohibit theatres, circuses, moving picture shows, and exhibitions of common showmen, and of shows of any kind, and the exhibition of natural or artificial curiosities, menageries and musical exhibitions and performances and to regulate and license or prohibit street parades, bill posters, pool tables, striking machines, lung testers, doll racks, cane racks and exhibitions, devices and things for which a fee is charged.

SECTION 25. To prevent all prizefights, boxing matches, sparring exhibitions, cockfighting and dogfighting and punish all persons thus offending.

SECTION 26. To regulate, control and prohibit the carrying of firearms, and other weapons within the city limits and to provide and inflict the same punishment therefor, as is now or hereafter may be provided by state laws against persons unlawfully carrying weapons.

SECTION 27. To provide workhouses for vagabonds and disorderly persons, who are unable, or refuse to pay fines, or who have been sentenced to fine and imprisonment, or to compel them to work on the streets, alleys and public works and make all necessary regulations concerning the same, and to provide, keep and regulate a city prison.

SECTION 28. To define what shall be nuisances in the city, and within one thousand feet of the corporation line outside of the city limits, and to abate such nuisances by summary proceedings and to punish the authors thereof by penalties, fines and imprisonment.

SECTION 29. To prevent dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, boilers and other heating apparatus and cause the same to be removed or made safe.

SECTION 30. To regulate the use of automobiles, motor cars, motorcycles, or any motor vehicle and the speed thereof; to prescribe the proper lighting of same when used at night; to issue permits for the use of such vehicles and to require the numbering of said vehicles.

SECTION 31. To control and regulate the location and use of all kinds of steam engines and steam boilers in the city and prescribe the qualifications of persons operating and running the same, and to adopt such rules and regulations in relation thereto as may seem best for the public safety and comfort.

SECTION 32. To inspect the construction of all building in the city and to prescribe and enforce proper regulations in regard thereto; to regulate and locate or prohibit the erection of all poles in the city, and cause the same to be changed whether telegraph, telephone, electric light or otherwise.

SECTION 33. The city shall have power to establish, maintain and regulate a city prison, workhouse and other means of punishment for vagrancy, city convicts and disorderly persons, houses of correction and reformatories for youthful criminals.

SECTION 34. The City of Collinsville shall have the power to regulate depots, depot grounds and places of storing freight and goods, and provide for the passage of railways through the streets and public grounds of the city; also to regulate the crossing of streets by railway tracks and require gates or flagmen at street crossings, and to provide precautions and prescribe rules regulating the same and to regulate the running of railway engines, cars and trucks and streetcars within the limits of said city, and to prescribe rules relating thereto, and to govern the speed thereof, and to make any other and further provisions, rules and restrictions to prevent accidents at crossings and on the tracks of railways and street railways and to prevent fires from engines.

SECTION 35. To regulate, locate and prohibit the stringing or placing of telegraph, telephone, electric or other wires and to enforce such regulation in regard thereto, and to require and regulate the placing of any such telegraph, telephone, electric or other wires underground.

SECTION 36. To regulate or prohibit the keeping of cows, hogs, goats, dogs, chickens, geese or pigeons within the city or within certain prescribed limits of the city.

ARTICLE VI.
POLICE COURT

SECTION 1. There shall be a court for the trial of all misdemeanor offenses, and shall be known as the "police court."

The magistrate of said court shall be known as the "police judge." The appointment to the office of police judge to be made by the business manager and confirmed by the board of commissioners, who shall fix his salary. Said police judge may hold other official position under the city, when the offices are combined as one by ordinance.

SECTION 2. JURISDICTION. The judge of the police court shall have original exclusive jurisdiction to hear and determine all offenses against the Charter and the ordinances of the city; he shall keep a docket in which he shall enter every cause commenced before him as Judge of the police court. If the police judge be absent or sick or disqualified from acting, the chairman of the board of commissioners shall be ex officio police judge and shall act instead of said police judge, until such absence or disqualification shall cease, and all acts and doings of said chairman of the board of commissioners, while acting as such police judge, shall be effective and binding, and have the same effect as if done by said police judge. If the police judge or chairman of the board of commissioners [shall] be absent or sick or disqualified from acting, the other member of the board of commissioners holding the longest term of the board of commissioners elected under the provisions of this Charter shall be ex officio police judge, and shall act instead of said police judge, and all acts and doings of said commissioner, while acting as such police judge shall be effective and binding and have the same effect as if done by said police judge. If the police judge or chairman of the board of commissioners, or the commissioner above mentioned, shall be absent or sick or disqualified from acting, the other member of the board of commissioners shall be ex officio police judge, and shall act instead of said police judge and all acts and doings of said commissioner while acting as such police judge shall be effective and binding and have the same effect as if done by said police judge.

SECTION 3. POWERS OF POLICE JUDGE. The police judge shall have power under the provisions of this Charter to enforce obedience to all orders, rules, judgments and decrees made by him; he may fine or imprison for contempt offered him while holding his court, or to process issued or orders made by him in the same manner as provided for district courts. On the trial of any case in said court it shall be the duty of said police judge to sign any bill of exceptions rendered to the court during the progress of such trial, provided the truth of the matter be fairly stated, and thereupon said exception shall be entered in the record of such trial and become a part thereof, and any final conviction, sentence or judgment of said court may be examined by the district court of this county, on writ of error which may be allowed by the district court, or the judge thereof, for sufficient cause and proceedings may be stayed as may be deemed reasonable, and the revising court shall in such proceedings take judicial notice of all the ordinance of the City of Collinsville. Cases tried before the police court arising under the city ordinances, shall be tried and determined by said police judge without the intervention of a jury.

SECTION 4. OFFICE. The board of commissioners shall provide some suitable room in the city hall in which the police judge shall hold his court, and his court shall be open every day except Sunday and legal holidays. His court shall be in session not less than one hour at some certain time of each day, and may be convened at any reasonable time during every day for the transaction of such business as may properly come before it.

SECTION 5. PROSECUTIONS. All prosecutions for violations of any provision of this Charter or of the ordinance of the city shall be entitled "City of Collinsville, plaintiff, vs. ________, defendant. " The police judge shall state in his docket the name of the complainant, the nature and character of the offense, the date of the trial, the names of all witnesses sworn and examined, the findings, and judgment of fine and costs, the date of the payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in such case; the complaint, when made by the chief of police, assistant chief of police, regular or special policeman against any person when accused is not in custody, shall be in writing, and sworn to before a warrant be issued for his arrest. In no case shall a judgment of conviction be rendered, except upon sufficient legal testimony given on a public trial, or upon a plea of guilty made in open court.

SECTION 6. DOCKET. The board of commissioners shall furnish the police judge with a suitable docket, and he shall deliver said docket and all papers and other things pertaining to his office, at the expiration of his tenure of office to the board of commissioners.

SECTION 7. WARRANTS SPECIAL DUTY. All warrants issued by the police judge shall be directed to the chief of police and such warrants may be executed by him, the assistant chief of police, [a] regular or special policeman, the sheriff of the county or any constable of the city. The sheriff or constable making such service shall be entitled to receive therefor such fees as are allowed them by law for similar services, to be taxed as cost. In case of the absence of the officer from the court, the police judge shall deputize some suitable person to execute any process issued by him.

SECTION 8. TRIAL FORTHWITH. When any person shall be arrested and brought before the police judge, it shall be his duty to hear and determine the complaint alleged the defendant forthwith, unless for good cause the trial be postponed to a time certain; in which case he shall require the defendant to enter into a recognizance with sufficient surety, conditioned that he will appear before said judge, at the time and place appointed, then and there to answer to complaint alleged against him, and if he fail or refuse to enter into such recognizance, the defendant shall be committed to prison and held to answer said complaint as aforesaid.

SECTION 9. BREACH OF BOND. In case of the breach of any recognizance entered into, as aforesaid, the same shall be deemed and declared forfeited and the chairman of the board of commissioners shall cause the same to be prosecuted against the principal and surety, or the surety alone. Such action shall be in the name of the city as plaintiff, and may be prosecuted into the district court of this county on the transcript of the proceedings before the police judge, and a copy of such recognizance certified by the police judge, and all moneys recovered in such action shall be paid over to the city treasury to the general revenue fund of the city.

SECTION 10. WITNESS FEES. It shall be the duty of the police judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary; each witness shall receive the sum of $0.75 if the time does not exceed one-half day, but if more than one-half day he shall receive the sum of $1.50 for each day's attendance or major portion thereof.

SECTION 11. CONTINUANCE OF TRIAL. When a trial shall be continued by the police judge it shall not be necessary to summon any witnesses who may be present at the continuance, but the judge shall verbally notify such witnesses as either party may require to attend before him to testify in the cause, on the day set for trial, which verbal notice shall be as valid as a summons.

SECTION 12. JUDGMENT. If the defendant [shall] plead or be found guilty, the police judge shall declare and assess the punishment prescribed by ordinance, and render accordingly, and for cost of suit, and that the defendant stand committed until the judgment is complied with.

SECTION 13. DISCHARGE. Any defendant committed under the provisions of the Charter, may be discharged on payment of fine and costs, or on perfecting an appeal as hereinafter provided.

SECTION 14. APPEAL. In all cases before the police judge arising under the ordinances of the city, an appeal may be taken by the defendant to the district court, but no such appeal shall be allowed unless the defendant, within ten days, shall enter a recognizance, with good and sufficient sureties, to be approved by the police judge, conditioned for the personal appearance of the applicant before the district court of the county on the first day of the next term thereof.

SECTION 15. UNJUST PROSECUTION; COST. If upon trial before the police judge, or the district court, it appears to the satisfaction of the court, that the prosecution was commenced without probable cause, and from malicious motives, the court shall state the name of the prosecutor or complainant in the finding, and shall impose the cost of prosecution upon him; and judgment shall be rendered against such prosecutor, or complainant, that he pay such costs, and stand committed until the same are paid.

SECTION 16. OATHS. CONTEMPT. The police judge shall have power to administer the oaths, and enforce due obedience to all orders, rules and judgment made by him, and may fine or imprison, or both, for contempt offered to him, while holding his court, or to process issued by him in the same manner and the same extent as the district court.

SECTION 17. MONTHLY REPORT. The police judge shall make a monthly report and shall file the same with the board of commissioners on the first day of each month for the month preceding and the same shall be in substantially the form now in use. Said report shall be published in some newspaper published in and of general circulation the city. No fictitious name shall be used on the police docket or in the monthly report.

ARTICLE VII.
RECALL OF OFFICERS

SECTION 1. Any commissioner under this Charter may be removed from office by the qualified electors of the city. A petition asking for the recall of the commissioner sought to be removed shall be in substantially the following form, to-wit:

PETITION FOR RECALL

State of Oklahoma, County of Rogers, City of Collinsville, as:

To the Honorable Board of Commissioners of the City of Collinsville, Oklahoma:

We the undersigned citizens and legal voters of the City of Collinsville, Oklahoma, respectfully order that you call an election within not less than 15 days and not more than thirty (30) days from the date of the filing of this petition with your honorable body for the purpose of recalling (give name of person and his official title). The reasons for the recall of said (give name of person sought to be recalled and his official title) are: (Insert here specifically the reasons for the recall of said person), name, street and number (if the street is not numbered give the lot and block number, and if it be in an addition to the City of Collinsville, give the name of the addition).

(Here follow twenty numbered lines for signatures.)

Verification of Signatures. Each and every sheet of every such petition containing signatures shall be verified on the back thereof, in substantially the following form, by the person who circulated said sheet of said petitions, State of Oklahoma, County of Rogers, as:

I, ________ being first duly sworn, say: (Here shall be typewritten the names of the signers of the sheet) signed this sheet for the foregoing petition, and each of them signed his name thereto in my presence; I believe that each has stated his name, and address correctly, and that each signer is a legal voter of the City of Collinsville, Oklahoma. (Signature and street address of the affiant.) Subscribed and sworn to before me, this ________ day of ________ A.D. 19________

(Signature and title of officer before whom oath is made.)

Pamphlets. Signatures. Each recall petition shall be in duplicate for the securing of signatures, and each sheet for signatures shall be attached to a copy of the petition. Each copy of the petition and sheets for signatures is hereinafter termed a pamphlet. Not more than twenty signatures on one sheet shall be counted. All recall petitions and sheets for signatures shall be printed on sheets seven and one-half inches in width by thirteen inches in length, and there shall be margin at the top of not less than one inch for binding, the aforesaid sheets shall be bound in one or more volumes and each volume shall have a certified copy of the results of any election held by reason of such petition. If no election shall be held thereon the reason thereof shall be so certified to by the commissioner in whose office said petition was filed. Each recall petition shall be consecutively numbered and shall become a part of the records of the office of the board of commissioners.

A petition asking for the recall of the commissioner sought to be removed shall be filed in the office of one of the commissioners not affected by said petition. It shall be the duty of the commissioner in whose office said petition is filed to immediately deliver a certified copy of said petition to the commissioner affected, and to cause said petition to be published in some newspaper published in said city and of general circulation in said city, and he shall post a true copy in a public place in the city hall within three days after the filing of said petition in his office. Whereupon the two commissioners not affected by said petition shall compose the board of commissioners for the purpose of acting upon said petition and they shall issue a proclamation calling an election for the purpose of voting upon the recall of the commissioner sought to be removed, and said election shall be held not less than fifteen nor more than thirty days after the filing of said petition with the commissioner. In the event petitions for the recall of two commissioners are filed at the same time, the other commissioner is authorized to act in the capacity of said board of commissioners as herein provided. No petition shall be sufficient for the recall of any commissioner unless said petition shall contain a number of names equal to more than 25 percent of the total number of votes cast at the last annual election of officers.

SECTION 2. When any petition for the recall of any commissioner shall have been filed, published, certified to and delivered, as provided herein, it shall be the duty of said commissioner to whom said petition has been delivered to immediately call a meeting of the board of commissioners, as provided herein, and it shall be the duty of said board of commissioners to ascertain whether or not said petition contains a sufficient number of signatures, as provided herein, by checking same with the last general election list, and if said petition contains sufficient legal signatures, it shall be the duty of said board of commissioners to order and fix a date for holding said election, as herein provided. If said petition shall be found to contain less than the required number of signatures, said board of commissioners shall make a finding to that effect and shall cause said finding to be published in a newspaper of general circulation the City of Collinsville.

SECTION 3. The form of the ballot at such special election shall be substantially as follows:

Shall (name of officer) ________ be removed from the office of ________ (name of office) ________?

? Yes.

? No.

The voter who desires to vote for the removal of the officer shall stamp in the square to the left of the word "yes." The voter who desires to vote for the retention in office of the official shall stamp in the square to the left of the word "no." If a majority of the duly qualified electors voting at such special election shall vote "yes" upon the official canvassing and announcing of the vote, the officer shall thereupon ipso facto be removed and his office shall be declared vacant, and shall be filled according to the provisions of this Charter.

SECTION 4. Said election shall be called and conducted and the result announced in all respects as other city elections, except as herein provided.

SECTION 5. No recall petition shall be filed against any officer until he shall have held his office for at least four months, nor within six months after an election has been held upon a previous petition for recall of the same officer.

SECTION 6. No person who has been recalled from office, or who has resigned from such office while recall proceedings were pending against him, shall be appointed or elected to any office or employment of the city within one year after such recall or resignation.

SECTION 7. In the event of the recall of one commissioner the other two commissioners shall constitute the board of commissioners until the appointment or election and qualification of a successor to the commissioner recalled. In the event of the recall of two commissioners the remaining commissioner shall constitute the board of commissioners until the appointment or election and qualification of successors to the two commissioners recalled. In the event of the recall of one or two commissioners, the board of commissioners shall immediately call an election for the purpose of electing a successor to fill the unexpired term of the commissioner or commissioners recalled; provided that it is more than six months to the next annual election. If it be six (6) months or less to the next annual election, the board of commissioners shall appoint a successor or successors to the commissioner or commissioners recalled, and said appointee or appointees shall serve until a successor or successors are elected and qualified. Any commissioner elected or appointed to fill an unexpired term shall qualify and give the same bond as a commissioner regularly elected.

ARTICLE VIII.
[STREET DUTY]

SECTION 1. WORK ON STREETS. Each male citizen of the City of Collinsville between the ages of 21 and 50 years, who shall have resided in said city for 30 days, who is not a county or township charge, and who has not performed road or street duty or labor for any year, shall be subject to perform street duty or labor upon the streets of the City of Collinsville, for such year, consisting of 1 1/2 days single-handed of eight hours each one day's work, of eight hours by man with team, or furnish a substitute to perform such street duty or labor satisfactory to the board of commissioners or pay to the city $2.50 in cash in lieu thereof.

SECTION 2. IN LIEU OF PERFORMANCE. Each citizen liable for the performance of such street duty or labor, shall be required to so perform or render such service, furnish a substitute therefor, or pay the money in lieu thereof, on demand and warning and all such street duty or labor shall be performed or money paid prior to the first day of December each year.

SECTION 3. ACTIONS FOR NEGLECT. Every citizen who shall fail, or refuse to perform such duty or labor, furnish a substitute therefor, or pay the money in lieu thereof, as herein provided, upon demand and warning shall be adjudged guilty of a violation of the provisions of this Charter and be subject to such punishment as may be provided by ordinance, and shall also be liable for said sum of $2.50 as for debt to be recovered by civil action.

ARTICLE IX.
[ADMINISTRATION]

SECTION 1. STYLE OF ORDINANCE. The style of all ordinances adopted for the City of Collinsville, during the continuance of this Charter, shall be "Be Ordained by the Board of Commissioners of the City of Collinsville, Oklahoma."

All prosecutions for violating the provisions of this Charter or any ordinance of the City of Collinsville, shall be entitled, "City of Collinsville, Plaintiff, vs. ________, defendant."

All ordinances passed by the board of commissioners, except emergency ordinances, shall take effect and be in force at the end of thirty days from the date of their passage and publication, unless otherwise provided in this Charter.

No ordinance, except an emergency ordinance, shall be enacted on the day of its introduction, but all ordinances, except emergency ordinances, after being introduced and read shall lie for at least one week before being finally voted upon and adopted.

The board of commissioners, by an unanimous vote, may pass an emergency ordinance when the public peace, public health or public safety shall demand it. Every emergency ordinance must, as a part of the title, contain the words "And declaring an Emergency," and every such ordinance shall in a separate section, state such emergency and provide that such ordinance shall take effect and be in force immediately upon its passage and publication.

Except as otherwise provided by the Constitution and laws of the state, all ordinances shall be published for one issue in some newspaper of general circulation in the City of Collinsville, such publication to be commenced within five days from the passage of the ordinance.

Every ordinance passed by the board of commissioners shall be correctly enrolled by the business manager within the next succeeding five days, or as soon thereafter as practicable, and the enrolled copy compared with the ordinance by the city attorney, both of whom shall endorse on the enrolled copy the words "Correctly Enrolled," with the date thereof and subscribe their names thereto, which endorsements must be made within five days after said enrollment.

SECTION 2. FINANCIAL DEPOSITORIES. No officer shall loan any of the funds of the city to any person or otherwise dispose of the same except in accordance with the law. He shall deposit moneys received by him by virtue of his office in the banks of the City of Collinsville without discrimination equally as nearly as may be; provided, that any bank receiving deposits of the city money shall be required to execute to the city a bond with some surety guarantee, indemnity, or insurance company, organized and empowered by law to give such bond, and authorized by law to do business in the State of Oklahoma in the penal sum equal to the maximum amount deposited in any such bank, conditioned to save the city harmless from loss by reason of such deposit during all the time that such money or any part thereof shall so remain on deposit in such bank, and such bond shall be approved and filed in the same manner as other officers' bonds; provided, that such city banks designated as depositories, may, in lieu of the surety bond above referred to, deposit with the city good and sufficient United States bonds, state, county, municipal or school district bonds or warrants, local improvement bonds or warrants upon which the principal or the interest is not in default at the time of the deposit, and aggregate market value of which shall not be less than the amount deposited in such bank. Said securities shall be subject to the approval of the board of commissioners. And provided, further, that such banks so designated as depositories shall be required to pay the city interest on the daily balances of such deposits at the rate of not less than three percent per annum, said interest payments to be payable monthly.

SECTION 3. The regular meetings of the board of commissioners shall be held not less than twice monthly at city hall on such dates and at such times as the board of commissioners shall certify to the city clerk of the City of Collinsville, Oklahoma, on or before the 1st day of December of each calendar year for the following year; provided, further, that an adjournment of the regular meetings may be taken to other days and at such hour as may be designated in the motion to adjourn. 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.

All meetings shall be public and shall be held at city hall.

The board of commissioners shall determine its own rules of procedure, and may punish its members for disorderly conduct and compel their attendance at the meetings.

(Ref. of 2-11-1992, app. 3-18-1992; Res. of 4-3-2002, app. 7-3-2002)

Editor's note: The 1992 amendments to this section, approved at election held February 11, 1992, were approved by Governor David Walters on March 18, 1992, and filed the same date with the Secretary of State. The 2002 amendments to this section, approved at election held April 2, 2002, were approved by Governor Frank Keating on July 3, 2002.

SECTION 4. CHARTER SELF-EXECUTING. All provisions of this Charter are self-executing, but the board of commissioners may, by ordinance, supply details of procedure for the more efficient enforcement thereof not inconsistent with the provisions of said Charter.

SECTION 5. QUARTERLY AND ANNUAL REPORTS. The board of commissioners shall cause to be published quarterly, an epitome of the financial condition of the several departments of the city government, showing the amount of receipts and disbursements during the preceding quarter, and the amount of funds on hand, and outstanding obligations.

Immediately after June 30 in each year the board of commissioners shall employ some competent accountant to audit the books of the city for the fiscal year closed, and cause to be published a detailed statement for the financial transactions of said city for such year, such publication to be made in one or more newspapers published in and of general circulation in the city.

SECTION 6. All contracts pertaining to public improvements, maintenance of public property, public printing, purchase of equipment and supplies, and all other contracts of whatsoever character shall be made in accordance with and subject to such provisions as the mayor and board of commissioners shall establish by ordinance.

(Ref. of 4-1-1986; Ref. of 2-11-1992, app. 3-11-1992; Ref. of 4-5-1994; Res. of 4-3-2002, app. 7-3-2002)

Editor's note: Elections held April 1, 1986, and April 5, 1994, approved changes to this section. In addition, the 1992 amendments to this section, approved at election held February 11, 1992, were approved by Governor David Walters on March 18, 1992, and filed the same date with the Secretary of State. The 2002 amendments to this section, approved at election held April 2, 2002, were approved by Governor Frank Keating on July 3, 2002.

ARTICLE X.
FIRE PREVENTION AND CODE ENFORCEMENT

SECTION 1. FIRES. The City of Collinsville shall have powers: To provide means for the protection against and extinguishment of fires, and shall provide for the regulation, maintenance and support of a Fire Department, and for the purpose of guarding against the calamity of fire, may prescribe fire limits, and may regulate or prohibit the erection, building, placing or repairing of wooden or other buildings within such fire limits in said city as may be designated and prescribed as fire limits, may also within said limits prohibit the moving or putting up of any wooden or other buildings from one place to another within said limits, and may direct and prescribe that all buildings within the limits so designated in the ordinance as fire limits, shall be made or constructed of fireproof material, the kind, character, extent and quality of which buildings and material may, by ordinance, be prescribed and fixed, and may prohibit the repairing of wooden or other buildings in fire limits when the same shall have been damaged to the extent of 33 1/3 percent of the value thereof, and may prescribe the manner of ascertaining such damages, and may declare all dilapidated buildings to be a nuisance, and direct the same to be removed or abated in such manner as the board of commissioners may prescribe, and may declare all wooden or other buildings in the fire limits, which they deem dangerous to contiguous buildings, or which may cause or promote fires, to be nuisances, and may require and cause the same to be removed in such manner as may be prescribed, at the expense of the owner, and may further prescribe limits within which only a fireproof roofing may be used, and may impose a penalty for violation of such rules and regulations. The city shall have the right, by ordinance, to regulate, prescribe and govern the storage of lumber, sash, doors, blinds, nitroglycerine, dynamite, powder and any and all commodities of an inflammable, combustible or explosive nature and any and all kinds of goods, wares and merchandise of every kind, and prescribe limits within which such materials may be carried, and fix penalties for violation of the rules and ordinances governing the same.

SECTION 2. To procure fire engines, hooks, ladders, buckets and other apparatus, and organize fire engine, hook and ladder and bucket companies, and prescribe rules of duty for the government thereof, with such penalties as they may deem proper, and make all necessary appropriations therefor.

SECTION 3. To regulate or prevent the carrying on of manufactories and other works dangerous in causing fires, and to regulate the location of cotton presses, sheds and other buildings dangerous on account of fires.

SECTION 4. To prevent the deposit of ashes in unsafe places and cause the removal from one's premises of all trash, old papers, straw, goods, boxes, barrels and anything else dangerous on account of fire, and all filth, slops and animal or vegetable matter and everything else offensive and dangerous to health and comfort, and to cause all buildings and enclosures in a dangerous state to be put in a safe condition.

SECTION 5. To regulate the size, number and construction of doors and stairways of theatres, tenement houses, hotels, boardinghouses, apartment houses, audience rooms, public halls, school houses and buildings used for the gathering of a large number of people, whether now built or hereafter to be built, so that there may be convenient, safe and speedy exit in case of fires.

SECTION 6. To require the construction of suitable fire escapes on or in hotels, lodging houses, factories and school and other buildings, whether now built or hereafter to be built.

SECTION 7. To compel the owners or occupants of houses or other buildings to have scuttles in their roofs and stairs and ladders leading to the same.

SECTION 8. To authorize one or more officers, agents or employees of the city to enter in and upon all buildings and premises to examine and discover whether the same are dangerous, on account of fire, or in any unclean state, and cause all defects to be remedied, and filth and trash to be removed, and generally the board of commissioners shall have power to establish such regulations for the prevention and extinguishment of fires as it may deem expedient.

ARTICLE XI.
[HEALTH]

SECTION 1. HEALTH. The City of Collinsville shall have power: To regulate burial grounds, crematories and cemeteries, and to prohibit burial within the city limits if deemed advisable, or if necessary to protect the public health, and to condemn and close burial grounds and cemeteries in the thickly settled portions of the city, and when demanded by the public interest or public health to remove or cause to be removed bodies interred in such condemned and closed cemeteries and burial grounds, and shall cause them to be reinterred in a suitable place to be provided by the city, at its expense, and whenever advisable the city may condemn the land proposed to be used for the reinterring of bodies in the same manner as provided in section 1, Article II of this Charter, and use such condemned ground formerly used for cemeteries for such purposes as may best subserve the interests of the city.

The City of Collinsville shall have power to purchase, hold and pay for lands not exceeding 160 acres in one body, outside the limits of such city, for the purpose of the burial of the dead. The board of commissioners shall provide for the survey, platting, grading, fencing, ornamenting and improving all the burial and cemetery grounds and the avenues leading thereto owned by such city, and may construct walks in rear and protect ornamental trees therein and provide for paying the expenses thereof.

To convey by certificates, signed by the chairman of the board of commissioners and attested by one other member of said board, under the seal of the city, cemetery lots, owned by such city, specifying that the purchaser, to whom the same is issued, is the owner of the lot or lots described therein by number as laid down on such map or plat, for the purpose of interment, and such certificates shall vest in the purchaser, his or her heirs and assigns, a right in fee simple, to such lot for the sole purpose of interment under the regulations of the board of commissioners, and such certificate shall be entitled to be recorded in the office of the register of deeds of the proper county without further acknowledgment; and such description of lots shall be deemed and recognized as sufficient description thereof. The board may limit the number of lots which shall be owned by the same person, at the same time; may prescribe rules for enclosing, adorning, and erecting monuments and tombstones on cemetery lots, and may prohibit any division of the use of said lots and any improper adornment thereof; but no religious test shall be made as to the ownership of the lots, the burial therein, or the ornamentation of the graves, or of such lots.

To pass rules and ordinances, impose penalties and fines, not exceeding $100.00, regulating, protecting and governing the cemetery, the owners of lots therein, visitors thereof, and punishing trespassers therein, and the officers of such city shall have as full jurisdiction and power in the enforcing of such rules and ordinances as though they related to the city itself.

SECTION 2. To regulate the burying of the dead, the registration of births and deaths, direct the keeping and returning of bills of mortality, and impose penalties on physicians, undertakers, sextons and others for any default in the premises.

SECTION 3. The City of Collinsville also shall have the power, by ordinance to authorize the destroying of clothing, bedding, furniture, and buildings infected with the germs of any infectious or dangerous disease when the public health requires the destruction of the same, and may also in the same manner authorize the destruction or removal of buildings or other objects after the same shall have been declared a nuisance and to be dangerous to the health or lives of the citizens of said city. Property destroyed must be reimbursed.

SECTION 4. To make regulations to prevent the introduction of contagious diseases into the city, to make quarantine laws for that purpose; and to enforce them within the city and within five miles thereof.

SECTION 5. The City of Collinsville is hereby given full power and authority to take such steps to improve and preserve the purity of the water of the Caney River above the City of Collinsville, as it may think necessary; provided, that the power in this section shall not be construed to give said corporation any jurisdiction or control over said river beyond the corporate limits of said city, except for the purpose of protecting and improving the watershed, i.e., the water supply of both the Caney River and the smaller streams or tributaries; provided further, that said corporation shall have the right to condemn land, buildings and outhouses or closets when it may deem the same necessary for the protection and preservation of the purity of the water in said river, and shall have power to control the same.

The City of Collinsville shall also have power to require any persons or corporations owning or operating manufacturing enterprises within or without the city which shall discharge refuse matter into Caney River or its tributaries, to make other provisions for such refuse matter or so purify the same so that the public health will be fully protected.

SECTION 6. To require the owners of private drains, sinks, and privies, to fill up, cleanse, drain, alter, relay, repair, fix and improve the same as they may be ordered by resolution or ordinance, and impose penalties upon persons failing to do the same. If there [shall] be no person in the city upon whom such order can be served, the city may have such work done, and costs of the same shall be a lien on the property and taxed up against it, and collected in such manner as the board of commissioners may determine.

SECTION 7. To prevent any person from bringing, depositing or burying within the city limits, the carcasses of any dead animal, or other unwholesome substance, or matter, or filth of any kind, and to require prompt removal of the same, and impose all necessary penalties, for the enforcement of such powers.

SECTION 8. To provide for the inspection of dairies inside and outside the city limits, doing business within the city, and to charge and provide license fees for inspection; to establish and maintain a standard of sanitary conditions governing dairies inside and outside the city, doing business within the city, to establish and maintain a standard of quality of all dairy products sold in the city, and to provide for penalties for the violation thereof.

SECTION 9. To regulate and license butchers and prevent their slaughtering animals in the city limits, and revoking their license for malconduct in trade, and to regulate, license and restrain the sale of fresh meat, fruits and vegetables and the slaughter of animals and to license and regulate or prohibit slaughter houses within the city limits.

SECTION 10. To compel the owner or occupant of any grocery, soap, tallow or chandler establishment or blacksmith shop, tannery, stable, slaughterhouse, distillery, brewery, or other building, or sewer, privy, hide house, or other unwholesome or nauseous place or house to cleanse, remove, fill up, repair or abate the same, as may be necessary for the health, comfort and convenience of the inhabitants.

SECTION 11. To regulate the inspection and slaughter of animals and the sale of fresh meats within the city, and the inspection and the sale of flour, meal, fish, salt and other provisions, and all other articles of food or drink whatsoever, to be consumed within the city, and to appoint inspectors, weighers and gaugers, and prescribe their duties and powers, and to regulate their fees, and to provide for the inspection and weighing of hay and coal, ice, and the measurement of coal, gas and other fuel to be sold in the city.

SECTION 12. To regulate, locate, abate or prohibit slaughterhouses, gas reservoirs and tanks, glue factories, bone boilers, hide houses or establishments for burning hides, soap factories, places for rendering lard, tallow, offal and other substances that can be rendered, and all other establishments where any nauseating, dangerous, offensive or unwholesome business may be carried on.

SECTION 13. The City of Collinsville shall have the right and power, by ordinance, to provide that the tenant or owner of any property shall pay to the city reasonable charge for the removal of night soil or other refuse matter from the closets of the premises thereof, and to prohibit any one except some one in the employ of the city, or by the city authorized to do so from removing or carrying away the contents of any privy, vault, or water closet, or any receptacle of human excrement, and the city shall have the right to have inspected the premises of all persons, at any time, in the interests of the public health, and for the purpose of making said inspection, the officers or agents of the city, duly authorized to do so, shall have a right to enter upon the premises of any person at any hour during the daytime to make said inspection. Whenever notice is given by any officer or employee of the city inspecting any premises that said premises need cleaning, said night soil or other refuse matter shall be removed and the owner or tenant of said premises shall pay the city the price prescribed therefor, and failure to do so shall subject said person to the penalties to be prescribed by ordinance, and said persons shall be fined upon conviction in the police court, in any sum not less than $5.00 nor more than $100.00.

SECTION 14. The City of Collinsville shall have jurisdiction over all places within five miles of the corporate limits of the city, for the enforcement of all health, quarantine or waterworks ordinances and regulation thereof.

SECTION 15. The board of commissioners are hereby authorized and required to create a board of health for the city, whose duties and jurisdiction shall be determined and prescribed by said board of commissioners; said board of health to consist of not more than five reputable physicians of the City of Collinsville, to be appointed by the business manager and confirmed by the board of commissioners.

SECTION 16. The board of commissioners shall appoint a commission of charities, not exceeding three members, and prescribe by ordinance their duties.

ARTICLE XII.
[MUNICIPAL SERVICES]

SECTION 1. MUNICIPAL SERVICE. The City of Collinsville shall have power: To buy or construct, own, maintain and operate a system or systems of waterworks, gas or electric lighting plants, telephone, streetcars and sewers, or any other public service or enterprise that may be approved by a majority of the qualified taxpaying voters of the City of Collinsville, voting therefor, at any regular election for city officers, or at a special election called for that purpose, in accordance with the provisions of the Charter; and may demand and receive compensation for such service furnished for private purposes, and shall have power to condemn the property of any person, firm, or corporation, for the purpose of operating and maintaining any such utility, and for distributing such service throughout the city or any portion thereof, but in such condemnation proceedings no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City of Collinsville.

SECTION 2. To acquire or own within or without the city limits either by purchase, donation, bequest or otherwise, all property it may need for any municipal purpose whatever; and all necessary rights-of-way thereto, and shall also have the power to sell and dispose of the same, except as otherwise provided in this Charter.

SECTION 3. To provide all needful buildings for the use of the city; to provide for enclosing, improving, ornamenting and regulating all public grounds belonging to the city; to provide hospitals and regulate and maintain the same and to permit or prohibit private hospitals; and to establish an active system or inspection over premises and conduct of persons.

To purchase or condemn and hold for the city, within, or outside of the city limits within five miles therefrom, all necessary lands for hospital purposes and waterworks and erect, establish and regulate the hospitals, workhouses and poorhouses, and provide for the government and support of the same, and make regulations to secure the general health of the city, and to prevent and remove nuisances, and to make provisions for furnishing the city with water; and water rates shall be fixed annually by the commissioners at their first meeting in June; provided, the condemnation of such property outside of the city limits shall be regulated in all respects as provided by law for the condemnation of property for railroad purposes; and provided, further, that the police jurisdiction of the city shall extend over such lands and property to same extent as over public cemeteries.

SECTION 4. To lay out, establish, open, alter, widen, lower, raise, extend, grade, narrow, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges and to vacate and close the same; to sprinkle, sweep and care for the streets and regulate the use thereof, and to require the removal from the streets and sidewalks of all obstructions, telegraph, telephone, street railway or other poles carrying electric wires, signs, fruit stands, showcases, awnings, and encroachments of every character upon said streets and sidewalks; and to vacate and close private ways.

The cost of constructing sidewalks and keeping the same in repair, together with the cost of collection, shall be defrayed entirely by the property owners in such manner as the board of commissioners may provide, and shall be a perpetual lien on the property until paid.

SECTION 5. To prevent any street or sidewalk from being dug up or excavations to be made therein, unless the same be done with the permission of the board of commissioners and under the direction of the city engineer, or other officer designated by the board of commissioners, and to prescribe and exact fees for such privileges and deposit as guarantees of proper restoration of such streets or sidewalks.

SECTION 6. To regulate, establish and change the grade of all sidewalks, streets and premises and to require and compel the filling up and raising the same.

SECTION 7. To permit, prevent and regulate the laying of gas, water and sewer mains and pipes in the City of Collinsville; to compel any person using the streets, alleys or sidewalks for building or other purposes to repair, clean up and restore said streets, sidewalks, and alleys so used.

SECTION 8. To provide for, establish and maintain a free public library within the city, and to cooperate with any person, firm or corporation under such terms as the board of commissioners may prescribe for the establishment of such free library, and to that end they shall appropriate annually out of the general revenue of the city a fund for the support and maintenance of said public library.

SECTION 9. To buy, establish, lease, maintain, regulate and operate markets and market places, and abattoirs, and to build, own and maintain buildings therefor, and to rent and lease the same.

SECTION 10. To establish and maintain sanitary closets for the service of the public, and to obtain by purchase or condemnation property for such closets.

SECTION 11. The city shall have power to open, widen, extend or otherwise improve any street, avenue, alley; and to annul, vacate or to discontinue the same or to grant to any other public use when deemed necessary or expedient; to provide that all damages sustained by citizens of the city or owners of property therein shall be ascertained by condemnation proceedings, such proceedings shall be had in all respects as provided by law for the condemnation of property for municipal purposes in cities of the first class, and provided further, that whenever any street, avenue or alley shall be vacated the same shall revert to the owners of real estate thereto adjacent on each side in proportion to the frontage of said real estate, except in cases when such streets, avenues, or alleys shall have been taken and appropriated to public use in a different proportion, in which case it shall revert to adjacent lots of real estate in proportion as it was taken from them; provided, that when in the opinion of the board of commissioners of the city, that it is necessary to reopen such alley that they may order such alley opened without any expense to the city.

SECTION 12. The city shall have power to prohibit and prevent all encroachment into and upon the sidewalks, streets, avenues, alleys and other property of the city, and may provide for the removal of all obstructions from the sidewalks, curbstones, gutters and crosswalks at the expense of the owners or occupiers of the grounds fronting thereon, or at the expense of the person placing the same there; the city may also regulate the planting and protection of shade trees in streets and the building of bulk heads, cellar and basement ways, stairways, railposts, awning posts, and all other structures projecting upon or over and adjoining, and all excavation through and under the sidewalks or along the streets of the city.

SECTION 13. The city shall have power to establish, alter and change the channel of watercourses and wall them and cover them over and may establish, make regulate public wells, cisterns, aqueducts and reservoirs of water and provide for the filling of same.

SECTION 14. The city shall have power to provide for and regulate the lighting of the streets, and erecting of lamp posts and shall have power to make contracts with and authorize any person, company or association to erect gas or electric works in such city and give such person, company or association the privilege of furnishing gas or electricity to light the streets and alleys of said city for any length of time not exceeding 25 years but no such grant shall be construed as to prevent the city from granting to other persons, or companies, or corporations the right to use the streets for like purposes; and all such grants shall be subject, at all times to reasonable regulation, by ordinance.

SECTION 15. To fix the salary of any officer of the city, not fixed by this Charter, to create such other offices as may be required from time to time and to abolish said offices and to fix salary of the same.

ARTICLE XIII.
[FRANCHISES, PERSONNEL AND FINANCE]

SECTION 1. FRANCHISES. The ownership, right of control and use of the streets, highways, alleys, parks, public places and all other real property of the City of Collinsville, is hereby declared to be inalienable to said city, except by ordinance passed by the vote of the majority of the board of commissioners, as hereinafter provided; and no franchise or easement involving the right to use the same, either along, across, over or under the same, shall ever be valid, unless expressly granted and exercised in compliance with the terms hereof, and with the ordinance granting the same. No act of omission of the city, its board of commissioners, officers or agents shall be construed to confer or extend any estoppel or indirection, any right, franchise or easement, not expressly conferred by ordinance.

SECTION 2. The City of Collinsville shall have the power subject to the terms and conditions hereof, by ordinance, to confer upon any person or corporation the franchise or right, to use the property within the city, as defined in the preceding] section, for the purpose of furnishing to the public any general public service, including heat, light, power, telephone service, refrigeration, steam, or the carriage of passengers or freight within said city, or for any other purpose whereby a general service is to be furnished to the public for compensation or hire, to be paid to the franchise holder, whereby a right to, in part, appropriate the streets, highways or other property of the city, is necessary or proper, provided that no franchise shall be granted by said city to any person, firm or corporation, to own, control or operate waterworks or electric light and power plant therein.

SECTION 3. No exclusive franchise or privilege shall ever be granted, nor a franchise, nor a privilege to commerce at any time after six months subsequent to the passage of the ordinance granting the same and no franchise shall be directly or indirectly extended beyond the term originally fixed by the ordinance granting the same, nor shall any franchise be granted to any person or persons or corporation, authorizing such person or corporation, their associates, assigns or successors to acquire the physical property, rights or franchise of another person or corporation to whom or which a franchise has already been granted by the city whereby the rights and properties held and used under such franchise are assigned to another person, firm or corporation which holds a franchise extending beyond the time of the expiration of the franchise of the person, firm or corporation selling such physical properties, rights or franchise.

SECTION 4. The City of Collinsville shall have the power by ordinance to grant any franchise or right mentioned in the preceding sections hereof; provided that the city shall not grant, extend or renew a franchise without the approval of a majority of the qualified tax paying voters residing within its corporate limits who shall vote thereupon at a special or general election; and the legislative body of the city shall submit any such matter for approval or disapproval to such electors at any general municipal election or call a special election for such purpose upon 30 days' notice and no franchise shall be granted, extended or renewed for a longer period than 25 years.

Whenever a petition signed by a number of qualified voters of the city equal to 25 percentum of the total number of votes cast at the next preceding general municipal election, demanding that a franchise be granted, extended or renewed, shall be filed with the chief executive officer of the city, the chief executive officer shall, within ten days, thereafter call a special election, at which he shall submit a question of whether or not such franchise shall be granted, extended or renewed, and if at such election the majority of said tax paying voters voting thereon shall vote for the granting, extending or renewing of such franchise, the same shall be granted by the proper authority at the next succeeding regular meeting of the legislative body of the city.

SECTION 5. All persons or corporations to whom franchises may hereafter be granted, or their assigns and successors, shall as compensation for the right or privilege enjoyed pay to the city a sum not less than four percent of the gross receipts of the business pursued by the holders of the franchise. The amount of said bonus or compensation shall be fixed by ordinance granting the franchise and shall be payable on January 20 in each year, for the preceding year. Said bonus or compensation shall be exclusive of and in addition to all lawful ad valorem taxes upon the value of the franchise or other property of the holder thereof, and lawful occupation taxes imposed upon the occupation or calling of the holder of such franchise. The board of commissioners may, however, in their discretion in the order granting any franchise, provide, that no bonus shall be paid for the first five years thereof, when such power has been conferred upon the board of commissioners by a majority of the tax paying voters voting on said proposition at a regular or special election.

SECTION 6. In order to ascertain the true amount of such gross receipts and to determine the amount of such bonus or compensation and for any other purpose relating to the business or affairs of the franchise holder, the board of commissioners shall have power to examine or cause to be examined the books, papers, and records of franchise holders; to take testimony and compel the attendance of witnesses under oath and under such rules and regulations as said board of commissioners may adopt, and should any franchise holder refuse inspection of its books, papers or records or the production of the same when lawfully required to do so by said board of commissioners, or should any officer, agent or employee of said franchise holder refuse to give testimony before said board of commissioners, then said board of commissioners shall have power, by ordinance, to declare the franchise or privilege enjoyed by such corporation, or person so in default annulled and terminated.

SECTION 7. The right is hereby delegated to the City of Collinsville acting through its board of commissioners to determine, fix and regulate the charges of the corporation enjoying, or that may enter, a franchise or exercising any other public privilege in said city and to prescribe the kind of service to be furnished by such person, firm or corporation, and the manner in which it shall be rendered, and from time to time, alter or change such rules, regulations and compensation. The board of commissioners shall make rules and regulations granting a fair hearing to persons or corporations to be affected by said regulations, and no change of regulations shall be adopted except by notice to the persons affected and a fair hearing shall be granted them; provided, that in adopting such regulations and in fixing or changing such compensation or determining the reasonableness thereof, no stock or bonds authorized or issued by any corporation enjoying a franchise shall be considered unless upon proof that the same have been actually issued by the corporation for money paid and used for the development of the corporate property, labor due or property actually received in accordance with the laws and Constitution of the state applicable thereto; and in order to ascertain all facts necessary for a proper understanding of what is or should be a reasonable rate or regulation, the board of commissioners shall have full power to inspect books and compel attendance of witnesses as provided herein for a failure or refusal to attend and testify or produce books.

SECTION 8. No franchise shall hereafter be granted except upon condition that the city shall have the right at any time after 15 years from the granting thereof to purchase the physical properties of the franchise holder and to terminate its franchise, and all privileges enjoyed by it thereunder: provided, the majority of the qualified tax paying voters of the city voting thereon, shall vote to do so; provided, that upon the petition of 15 percentum of the qualified taxpaying voters to the board of commissioners the matter of the acquisition of such property shall be submitted to an election to be determined by a vote of the majority of the qualified tax paying voters thereon; which election shall be held at the next preceding [regularly scheduled] election of said city, after at least 20 days' notice shall have been published three times in a daily or weekly newspaper, published in said city and provided, that the owner of such physical property shall be compensated for the value thereof, considering solely the physical value, such value to be determined by the report of the majority of three arbitrators, one to be selected by the city, one by the owner of the physical property to be valued, and the third by the arbitrators so selected. But if the owner of such physical property shall refuse for 30 days to select an arbitrator, then the value of such property shall be fixed by vote of the majority of the board of commissioners.

SECTION 9. Ordinances granting franchises shall be subject to the terms hereof, and shall contain such terms and conditions as the board of commissioners shall see fit to impose. All franchises shall be exercised in accordance with the terms of the ordinance granting the same and of this Charter. If such franchise shall not be exercised in substantial accordance with the terms hereof, and of the ordinance granting the same, then after notice to and reasonable hearing of the holders thereof, such franchise may be cancelled or annulled and the board of commissioners shall by ordinance, adopt reasonable rules and regulations for such notice and hearing.

SECTION 10. Any franchise or right which may hereafter be granted by any person or corporation to operate a street railway within the city or its suburbs shall be subject to the condition that the board of commissioners shall have the right to grant to any other person or corporation desiring to build or operate a street railway or interurban railway within or into the City of Collinsville, the right to operate its cars over the tracks of said street railway insofar as may be necessary to enter said city and to reach the section thereof used for business purposes; provided that the person or corporation desiring to operate its cars over the lines of said street railway shall first agree in writing with the owner thereof to pay it reasonable compensation for the use of its tracks and facilities. And if the person or corporation desiring to use the same cannot agree with said owner of said street railway as to said compensation within 60 days from offering in writing to do so, and as to terms and conditions of the use of said track and facilities, the board of commissioners shall by resolution, after a fair hearing to the parties concerned, fix the terms and conditions of such use and compensation to be paid therefor, which award of the board, when so made shall be binding on and be observed by the parties concerned.

SECTION 11. Interurban railways are defined to be, in the meaning of this Charter, railways operating their cars by electricity or other motive power, for the carriage of freight and passengers for hire, not wholly within the city and its suburbs, to other towns, cities or villages.

SECTION 12. The board of commissioners shall have power, subject to the terms and conditions contained in this Charter, to grant to any person or corporation, desiring to extend an interurban railway into the city, the right to lay tracks and operate cars over the streets or other property of the city and over the tracks of other street railways for a term not exceeding 25 years.

SECTION 13. The right mentioned in the preceding section [12] shall be granted by ordinance only. The granting or refusing of the right or franchise herein mentioned shall be subject to the terms and provisions of this Charter concerning the submission of general franchises to a vote of the qualified tax paying voters of the city, which shall in all things govern and apply thereto.

SECTION 14. The ordinance granting such right or franchise, shall contain such conditions as may seem proper to the board of commissioners and shall provide for such reasonable compensation to the city as may seem just to the board for the use of the franchise or right granted, which compensation shall be payable annually. And the ordinance granting such right or franchise shall provide that failure to pay said compensation at the time specified therein shall forfeit and terminate said franchise. Said compensation shall be deemed to be a bonus payable to the fares or rates of any person, firm or city for the use and the right granted and shall be exclusive of and in addition to all ad valorem or occupation taxes, payable by the owner of said franchise.

SECTION 15. The terms of this Charter concerning the granting of franchises to persons or corporations for the purpose of rendering any public service wholly within the city and its suburbs shall not apply to interurban railways, except as specified in the four preceding sections [11– 13] and in the various sections providing for the referendum.

SECTION 16. The board of commissioners shall have power to authorize steam railways operating their lines from the City of Collinsville to other towns and cities beyond its limits to lay their switches on and over the streets and other property of the City of Collinsville, or such parts thereof as the board of commissioners may see fit, subject to the terms of this Charter and to such conditions as may be imposed by the board of commissioners.

SECTION 17. The City of Collinsville shall have the power, by ordinance or otherwise, to regulate the speed of engines, locomotives and street cars within the limits of said city; and to require steam interurban and electric railway companies to keep the streets over which they run properly drained and to light the same wherever deemed necessary and to require steam, interurban and electric railway companies to construct and keep in repair from curb to curb, bridges and crossings over the ditches made or crossed by any lines of said railways on all streets over which they run; to direct and control the building and construction of railroad tracks turnouts and switches and to require the grade of same, and to require and to conform to the grade of the streets of said city as they may hereafter be or are now established, and that said tracks and turnouts and switches be so constructed and laid out so as to interfere as little as possible with the ordinary travel in the use of the streets, to require steam railways using any portion of the streets of the city to pay all or any part of the paving, grading, draining and repairing thereof along the streets so used by such railway, and to light the same whenever and wherever deemed necessary or advisable; to require any street or electric railway company to pay the cost of grading, paving, repairing or repaving, or otherwise improving the street or streets or intersections thereof used or occupied by such railway company and such cost shall be a lien upon the property and franchise of the company.

The portion of the street occupied by an electric or street railway company shall be deemed to be the space between its tracks and 24 inches on the outside of each of its rails and all the space between double tracks, turnouts and switches.

Any railroad company, interurban or street railway company proposing with the permission of the City of Collinsville, to occupy any street or streets already occupied by any other such company shall, besides paying for paving as may be required by the City of Collinsville or by the provisions of this Charter, be required also to pay for paving between the tracks of said roads within 24 inches of the track of such other road, and such costs shall be a lien upon the property and franchises of the company; and if the board of commissioners shall so direct, said street or electric railway company may be required to pave the street or streets occupied by them from curb to curb.

Should any railroad or street railway company propose to lay a track on any street or portion of a street which shall have been improved under the provisions of this Act, it shall become liable for the portion of the cost of such improvement as the board of commissioners may direct, or as is fixed by this Charter. No railroad or street railway company shall be permitted to occupy any street or portion of a street, improved or otherwise, not previously occupied by it, except with the permission of the board of commissioners, and majority of the taxpaying voters voting therefor at a regular or special election.

SECTION 18. All persons or corporations now operating, or hereafter operating within the corporate limits of the City of Collinsville, any interurban electric railway line, either on their own or other street railway tracks, shall be required to give reasonable local passenger service thereon within the corporate limits of the City of Collinsville between all points on said interurban line or lines for a fare not exceeding $0.05 and to that end shall be required to stop passenger cars so operated by them at all street crossings in said city, to take on and let off local passengers; provided that this shall not apply to any portion of such interurban lines where local service is furnished by local cars to the same extent as is required under the foregoing provisions hereof.

SECTION 19. The City of Collinsville shall have the power by ordinance, to fix and regulate the price of water, gas and electric lights, and to regulate and fix the fares, tolls and charges of local telephones and exchanges of public carriers and hacks, whether transporting passengers, freight or baggage, and generally to fix and regulate the rates, tolls and charges, and the kind of service of all public utilities of every kind.

SECTION 20. The board of commissioners shall have the power to require any corporation holding a franchise from the city to allow the use of its tracks, poles and wires by any other corporation to which the city shall grant a franchise, upon the payment of a reasonable rental therefor to be fixed by the board of commissioners.

SECTION 21. Any election and all regular and special elections held in and for said city shall be governed in all respects by the general election laws of the state, except as herein specially provided.

SECTION 22. The board of commissioners shall be vested with the power and charged with the duty of adopting all laws and ordinances not inconsistent with the constitution and laws of this state touching every object, matter and subject within the purview of the local government instituted by this Charter.

SECTION 23. All salaries and wages to be paid employees of the city, except as otherwise provided herein, shall be fixed and paid by the board of commissioners, acting as a whole, and shall not become effective unless at least two members of the board shall vote therefor.

SECTION 24. It shall be the duty of the board of commissioners, on the second Monday in July, or as soon thereafter as practicable, to appropriate such sums of money, respectively, for each of the various departments of the city government as it deems necessary for the maintenance and operation thereof during the current year. The current fiscal year shall begin at 12:01 a.m. on the July 1 of each year.

In addition to the department appropriations herein provided for, the board of commissioners shall also make such appropriations for contingent purposes, as may be deemed necessary.

The appropriation herein provided for [shall be] based upon estimates submitted by the business manager in his annual budget, provided the same shall have been submitted to the board as herein provided.

The head of each department created by the board of commissioners shall make a written report to the business manager not later than the July 5 in each and every year, showing the operation of such department for the preceding year. These reports shall be transmitted to the business manager and shall accompany and be made a part of the business manager's report to the board of commissioners, which report shall not be made later than the second Monday in July in each year.

The business manager shall also make such recommendations to the board of commissioners concerning the increase or decrease of departmental estimates as in his judgment may best serve the interests of the city. He shall also submit an estimate for a special contingent fund for the current year.

In making up the budget allowance for any current year, the board of commissioners shall first make provisions for the payment of the interest and for the creation, setting aside and preservation of a legal sinking fund upon all of the outstanding indebtedness of the city and shall then make such appropriations as the remaining revenues of the city may justify to be appropriated among the respective departments or otherwise appropriated for public uses, as the board of commissioners may deem best; provided, however, that in no case shall the entire appropriation so made, including interest and sinking fund on the bonded debt, and appropriation for all other public uses and purposes, ever exceed the estimated available resources, which shall be based upon the probable revenue of the city derived from ad valorem taxes upon the basis of the total valuation of property for taxation for the preceding year, and of such other contingent revenues of the city as will probably accrue.

It shall be deemed malfeasance for the board of commissioners to make an appropriation in the budget, the sum total of which shall exceed the estimated available or probable revenues for any current fiscal year.

SECTION 25. The board of commissioners at its second regular meeting in June of each year, or as soon thereafter as practicable, shall levy the annual tax for such year, but special taxes or assessments allowed by this Charter may be levied, assessed and collected at such times as the board of commissioners in each case may provide.

SECTION 26. The board of commissioners shall have full power to provide, by ordinance, for the prompt collection of taxes, levied, and imposed under this Charter, and is hereby authorized, and to that end may and shall have full power and authority to sell or cause to be sold all kinds of property, real and personal, and may and shall make such rules and regulations and ordain and pass all ordinances deemed necessary to the levying, laying, imposing, assessing and collecting of any taxes provided for in this Charter. Unless otherwise provided by this Charter and by ordinance passed thereunder, all property in such city liable to taxation shall be assessed in accordance with the provisions of general laws of the State insofar as applicable.

SECTION 27. The board of commissioners shall have the management and control of the finances of the city except as otherwise herein provided. They shall have the power to appropriate money and provide for the payment of debts and expenses of the city; to provide by ordinance special funds for special purposes provided for under the provisions of this Charter, and to make the same disbursable only for such purpose, and to impose proper penalties for enforcing the same; to provide by ordinance for the payment of any existing and outstanding indebtedness and for the payment of any bonds that may from time to time, be issued, and shall for such purposes have the power to levy, assess and collect a special tax.

SECTION 28. The board of commissioners shall have the power to fund or refund by ordinance the whole or any part of the existing debts of the city, or any further debt by acquiring and cancelling the evidence, thereof and to issue other bonds in lieu thereof, either registered or coupon, bearing interest at a rate not greater than the original indebtedness, and to this end may apply the sinking fund belonging to any series of bonds so refunded, and may pay and retire any bond by using the sinking fund thereof.

SECTION 29. Neither the business manager nor any member of the board of commissioners, nor any elective or appointive employee of the city, shall be directly or indirectly in the employ of any person, company, or corporation holding or seeking to hold any franchise of the City of Collinsville, or shall receive, directly or indirectly, any wage, commission fee, gift, favor or payment from any such franchise holder, and a violation of this section shall ipso facto, render vacant the position held by the person so violating it, and shall be punished as bribery.

No member of the board of commissioners or any other officer of the city shall be directly or indirectly interested in any work, business or contract, the expense, price or consideration of which is paid from the city treasury, or by any assessment levied by ordinance or resolution of the board of commissioners; nor by the surety of any person having any contract work or business with said city for the performance of which security may be required, nor be the surety on the official bond of any officer of the city. Contracts in violation of said provision shall be void, and any officer violating the foregoing provisions shall be deemed guilty of malfeasance.

SECTION 30. The board of commissioners shall by ordinance adopt such rules and regulations for its government and order of business as its members may deem best. It shall be the judge of the qualifications and election of its members, including the business manager, and shall have authority to recount the votes cast for either[any] of its members, and to correct the results, which may have been theretofore declared in the event notice of a contest of any such election shall be given within 30 days after such election shall have been held. It shall also be the judge of the election and qualification of all other city officers subject to the provisions of this Charter applying thereto. It may punish members, or other persons, during its sitting by fine or imprisonment in the city jail, or by both such fine and imprisonment, for disorderly conduct.

SECTION 31. The business manager and each commissioner and clerk, and city assessor and collector of taxes, be, and they are hereby authorized to administer oaths in the municipal affairs and government of the city.

SECTION 32. All the powers vested in this Charter by the board of commissioners of the City of Collinsville, in regard to ordinances and all legislative authority vested in said board are subordinate and subject to said powers of the initiative and referendum as set forth in the Constitution and statutes of the State of Oklahoma, which are now in force and effect or which may be hereafter passed to carry out the provisions of the constitution in regard to the initiative and referendum.

ARTICLE XIV.
REVENUE AND TAXATION

SECTION 1. The City of Collinsville shall have the power and is hereby authorized annually to levy and collect taxes for general revenue purposes not to exceed ten mills on the dollar of the assessed value on all real, mixed and personal property in the city, not exempt from taxation by the Constitution and laws of the State of Oklahoma; provided, that for the purpose of erecting public buildings in the City of Collinsville, the rate of taxation herein limited may be increased, when the rate of such increase and the purpose for which it is intended shall have been submitted to a vote of the people and the majority of the qualified voters of such city voting at such election shall vote therefor; provided that such increase shall not exceed five mills on the dollar of the assessed valuation of the taxable property in the city. Provided further, the City of Collinsville, by a majority of the qualified property taxpaying voters of said city, voting at an election to be held for the purpose, shall be allowed to become indebted in a larger amount than that specified above, for the purpose of purchasing or constructing public utilities, or for repairing the same to be owned exclusively by said city; provided, that said city, in incurring any such indebtedness requiring the assent of the voters aforesaid, shall have the power to provide for and before or at the time of incurring such indebtedness, shall provide for the collection of an annual tax in addition to other taxes provided for by the Charter of said city, sufficient to pay the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within 25 years from the time of contracting same and all bond heretofore issued or to be issued by said city, in pursuance of the requisite vote heretofore taken, as above provided, of the property taxpaying voters of said city, for the purpose and in compliance with the terms and conditions of this section stated, shall be deemed and held to have been duly and legally authorized and issued.

SECTION 2. The assessment of property of whatsoever kind in the City of Collinsville, for the purpose of levying thereon an ad valorem tax for the City of Collinsville, Oklahoma, shall be made by such officer and in all respects in the same manner as is provided by the Constitution and laws of the State of Oklahoma, or may hereafter be provided by the Constitution and laws of said state, for the assessment of property in cities of the first class for ad valorem taxation purposes, and all property not rendered shall be assessed in the same manner as is or may hereafter be provided in the laws of the state applicable to cities of the first class.

SECTION 3. The ad valorem taxes for the City of Collinsville shall hereafter be levied in the same manner and by the same persons or officers as is provided by the Constitution or laws of the State of Oklahoma, or as may hereafter be provided by the laws of the State of Oklahoma applicable to cities of the first class, unless provision shall exist in such laws with special reference to cities having a charter form of government, in which case such levy shall be made in the manner provided by such laws provided for cities having adopted a charter.

SECTION 4. The ad valorem taxes hereafter levied upon the taxable property in the City of Collinsville, for the City of Collinsville, shall be collected by the treasurer of Tulsa County at the times, in the same manner and subject to the same penalties as is provided, or may hereafter be provided by the laws of the State of Oklahoma, providing for the collection of ad valorem taxes for cities of the first class; and the laws of the State of Oklahoma, relative to the collection of ad valorem taxes for cities of the first class are hereby adopted for the City of Collinsville. Property within the City of Collinsville shall be sold for delinquent taxes and title passed pursuant to such sales and redemption therefrom, permitted, as is, or may hereafter be provided by the laws of the State of Oklahoma, applicable to cities of the first class and the county treasurer and other officers of the County of Tulsa shall perform all acts with reference to the collection of the ad valorem taxes for the City of Collinsville, with the same costs and penalties added in the same manner as though the City of Collinsville were a city of the first class and without an adopted charter, and shall pay the sums so collected to the business manager of the City of Collinsville, at the same time and upon the same demand as is provided or may hereafter be provided by the laws of the State of Oklahoma, having reference to cities of the first class.

SECTION 5. Ad valorem taxes for the year 1922 shall be levied as provided in this amendment and upon the assessment rolls for taxes for the year 1922 made and returned to the county clerk of Tulsa County by the County Assessor for Tulsa County, elected under the general laws of the State of Oklahoma, to assess the taxable property within the City of Collinsville, Oklahoma, for county and state ad valorem taxation purposes.

SECTION 6. The assessment of property in the City of Collinsville shall hereafter be equalized and adjusted by a board of equalization composed of the same officers as provided by the laws of the State of Oklahoma, except that the board of commissioners of said City of Collinsville shall constitute that the board of commissioners of said City of Collinsville shall constitute the excise board of said city and shall have and exercise all the right, powers, duties and obligations conferred by law upon the county excise board, insofar as the same are applicable to said City of Collinsville, and as such excise board said board of commissioners shall, on the second Monday in July of each year or as soon thereafter as practical, convene and appropriate such sums of money respectively for each of the various departments of the city government as it deems necessary for the maintenance and operation thereof during the current fiscal year. The sum total of such appropriations shall not exceed the estimated available or probable revenue for any current fiscal year, and when such estimate shall have been approved by the board of commissioners of the City of Collinsville, it shall be the duty of said board to immediately certify such estimate to the excise board of Tulsa County, Oklahoma, and said excise board of Tulsa County, Oklahoma, shall, if said estimate is within the constitutional limitation and does not exceed the estimated available or probable revenue to be derived for the current fiscal year, approve such estimate and include it in the levy for general taxes for the City of Collinsville, Oklahoma, as otherwise provided by law, the estimate provided for herein shall be submitted and published in manner and form as provided by law.

SECTION 7. That whenever in the Constitution or general laws of the State of Oklahoma in force in the City of Collinsville or hereafter put in force in the City of Collinsville, any duty is imposed upon, or power conferred upon, the City Council or Board of Trustees or other legislative body of a city of the first class with reference to the assessment levy, or collection of general ad valorem or special taxes, such duty shall be performed, or power exercised by the board of commissioners or the City of Collinsville, and whenever a duty, in such Constitution and law is imposed upon, or power conferred thereby upon, the city clerk of a city of the first class, with reference to such subjects, said duty shall devolve upon or power be exercised by the business manager of the City of Collinsville, Oklahoma.

SECTION 8. All provisions of the Charter of the City of Collinsville providing for the assessment, levy and collection of ad valorem taxes on the taxable property in the City of Collinsville, under the supervision of the business manager, or by or under the direction or supervision of the board of commissioners, or the sale of any property for delinquent ad valorem taxes due to the City of Collinsville, by any of the officers of the City of Collinsville, insofar as inconsistent with this amendment shall upon the adoption and approval of this amendment, be rescinded and of no further force and effect.

Provided, however, that the ad valorem taxes levied for the year 1921 and prior years and the collection of the same by suit or sale of the property as now provided by the Charter or ordinances of the City of Collinsville, shall in no wise be prejudiced by this amendment, but shall be made in the same manner as though this amendment had not been made.

Provided further, that nothing in this amendment shall be construed to affect any of the provisions of the Charter of the City of Collinsville, or to impair the power of the City of Collinsville, as provided in its Charter to levy and collect special taxes for purposes not covered by this amendment.

(Ord. of 9-7-1923)

ARTICLE XV.
PUBLIC UTILITIES

SECTION 1. No street, alley, or public highway in the City of Collinsville shall ever be used by any person, firm or corporation for the construction or operation of a street railway, telegraph line, telephone system, or any other business of a public or quasi public nature, without obtaining authority therefor under a franchise granted by the board of commissioners, in accordance with the provisions of this Charter. It shall be the duty of the board of commissioners and the city attorney to bring suit to enforce this provision against any person, firm or corporation violating the terms thereof, for the purpose of ejecting the offender from the occupancy of such property, and to recover damages for the illegal use thereof.

SECTION 2. The board of commissioners shall have power, by ordinance, to provide for and construct a general sewer and drainage system, to be divided into public and private sewers and drains, and to be constructed, maintained and regulated in such manner and out of such material as the board of commissioners may prescribe. Sewers may be established as the board of commissioners may direct, and there may be extension of branches of sewers already constructed or entirely new throughout as may be deemed expedient. The board of commissioners may, if necessary, levy a tax on all taxable property in the entire city, to pay for the construction and repairs of such public sewers which shall be called a "special sewer tax," and shall be used solely for such purpose. No public sewer shall be run diagonally through private property when it is practicable, without injury to said sewer, to construct it parallel with one of the exterior lines of such property. No public sewer shall be constructed through private property when it is practicable to construct it along or through a street or public highway.

SECTION 3. The board of commissioners shall have the power to appropriate private property for public purposes, whenever the board of commissioners of said city shall deem it necessary to take any private property either within or without the city limits for any of the following purposes, to-wit:

In order to open, extend, change or widen any public street, avenue or alley or for the construction of water mains or sewers, either within or without the city limits, or for the improvement and enlargement of its waterworks, including riparian rights, watersheds, reservoirs, etc., parks, squares and pleasure grounds, or for the straightening or improving of the channel of any stream, branch or drain, such property may be taken for such purposes by making just compensation to the owner thereof. If the amount of such compensation shall not be agreed upon, it shall be the duty of the board of commissioners to cause to be stated in writing the real estate or property sought to be taken, the name of the owners hereof, and his residence if known, and the purpose for which said property is sought to be taken, and file such statement with the judge of the district court of Rogers County. Upon the filing of such statement, it shall be the duty of such judge, in term time or vacation, to appoint three disinterested freeholders and qualified voters of the City of Collinsville as special commissioners to assess the damages to accrue to the owners by reason of such condemnation. The special commissioners so appointed, shall, in their proceedings, be governed and controlled by the state laws in force in reference to the condemnation or right-of-way for railroad companies, and the assessment of damages therefor, the City of Collinsville occupying the position of the railroad company. In estimating the damages to such property the jury shall not only estimate the value of the land so taken but shall also estimate the damage done to the remainder of any land from which it is taken by reason of such taking and use; provided, however, that in case of the condemnation of land for the opening, extending or widening of any street, or for straightening or improving the channel of any stream, branch or drain within the corporate limits of said city, the board of commissioners may, by ordinance, provide that the cost of such property shall be paid by the property owners owning property in the immediate vicinity thereof and benefited thereby. In such cases the city engineer, or other person designated by the board of commissioners shall, under the direction of the special commissioners appointed, make a plat of the property which in the judgment of said special commissioners will be specifically benefited and enhanced in value by the making of such improvement, whereupon such special commissioners shall issue notice to the owners of such property to appear before them at a time and place to be designated in such notices to show cause, if any they have, why such property should not be assessed to pay the cost of the property so condemned. Such notices may be served by any police officer in the City of Collinsville, or any other officer of the State of Oklahoma, County of Rogers authorized by the laws of said state to serve process of the courts of said state; and in all cases where such owner or owners, or any of them, are absent from said city and county, upon the agent of such absent owner, if such owner shall have an agent in said city or county, and in case such absent owner shall not have such agent, or in case the owner of such property is unknown, then such notice shall be published for two days consecutively in some daily newspaper or once in a weekly newspaper, published in the City of Collinsville; such notice shall be given five full days before the final determination by the special commissioners of the amount of assessment against the owners of such property for such improvement; said special commissioners shall determine the value of the property desired to be taken, belonging to the different owners thereof, if there be more than one such owner, and if there be only one such owner, the value of the same, and shall also find how much of the cost thereof shall be assessed against the owner of each lot or subdivision of the land in the immediate vicinity thereof specially benefited and enhanced in value by the making of such improvement and shall report all said matters to the board of commissioners of the City of Collinsville, showing a description of the property taken and condemned and the name of the owner thereof, if known, and if the owner of any such property is unknown, shall state said fact; or if there be more than one owner of such property, then the description of the property of each said owner, if known, and if unknown, shall state such fact; and the value of the property of each such owner so condemned, and also the description and name of the owner of each subdivision of property if known, and, if unknown shall so state; describing such property so as to identify it against which special assessment should in the judgment of said board be made to pay for such property condemned, such apportionment shall be made according to the benefits that will, in the judgment of said special commissioners, be received by or accrue to such lot or subdivision of property by reason of the making of such improvements; and such report shall be filed with the business manager for the consideration of the board of commissioners. The board of commissioners shall, as soon as practicable after the filing of such report, consider the same, and if the same is approved by a majority vote of the members present at the meeting at which it considers the same, the same shall be final and binding upon the city and all parties at interest therein. If the board of commissioners shall approve said report, it shall levy a special tax against the property shown by said report to be benefited and enhanced in value by such improvement, according to the recommendation made in such report; such taxes shall be a lien on the property against which the same shall be assessed, from the date of such levy, and shall become due and delinquent at the times provided in the ordinance levying the same. If the same shall not be paid as provided in such ordinance, the board of commissioners shall proceed to collect same, as provided in the ordinance, levying same by the advertisement and sale as provided in the city Charter in cases of the sale of such property for delinquent ad valorem taxes; provided, that it shall not be necessary to make such sales at the same time as provided for in the sale of property for delinquent ad valorem taxes. The special commissioners appointed under the provisions of this section shall have the same power to issue writs and subpoenas and compel the attendance of witnesses, etc., as commissioners appointed for the condemnation of land, etc., for the right-of-way of railroads under the general laws of the State of Oklahoma, shall receive the same compensation for their services, and shall be governed in all respects not herein otherwise provided by general laws in all matters relating to their procedure. The compensation for the land and property taken or damaged under the provisions of this section shall be paid to the owner of such property so taken or damaged, or secured by a deposit set apart in money in the hands of the city treasurer, subject to the order of such owner, before such property is taken or damaged; provided, the city may make such payment out of the general fund, if the board of commissioners shall deem it advisable, and when the amounts assessed against the property specially benefited as is herein provided are collected, may repay to said general fund the amount so advanced, and such payment shall not be a waiver of the city's rights to make such collection.

SECTION 4. The board of commissioners shall have power to cause telegraph, telephone and electric light companies to change the location of their poles; also to cause all erected poles not in use to be taken down and removed. If such companies shall fail to do such things after being notified, the city may have the same done at the expense of such companies. The board of commissioners shall also have the power to require telegraph, telephone companies and electric light companies to run their wires under the ground, if, in the wisdom of the board, public interest should so demand.

SECTION 5. Any person, firm or corporation holding any franchise heretofore or hereafter granted by the city, authorizing the use or occupation for any purpose of any street, avenue or alley in the city, or any portion thereof, and requiring or binding the person, firm or corporation holding such franchise to keep any portion of such street, avenue or alley so used or occupied, or the pavement thereof in repair, or to maintain the same in condition for public travel; or any person, firm or corporation who, under any contract heretofore or hereafter made with the city for the construction, reconstruction or repair of the pavement or other improvement of any avenue, street, or alley, or any portion thereof, shall be or is bound to keep the same in repair or in good condition for public travel, or to do or to perform any duty relating to the maintenance or repair of such pavement or other improvement, for any term of years mentioned in such contract, who shall be served with a written notice signed by any owner or owners of property abutting such street, avenue or alley, or such portion thereof, such notice to be served by delivering in person or by mailing same by registered mail to such person, firm or corporation, or any officer or agent thereof, at the post office address of his residence, and who shall fail or refuse to repair or place in condition for travel according to the terms or requirements of such franchise or contract the portion of such avenue, street or alley mentioned in such notice which such person, firm or corporation is bound to repair or maintain, within 90 days after the date of the service of such notice, shall forfeit to the city the sum of $50.00 for each day after the expiration of said 90 days until said avenue, street or alley or portion thereof mentioned in said notice, and which such person, firm or corporation is bound to repair or maintain, is repaired and put in good condition for public travel, as required by the terms of such franchise or contract, or until the requirements and terms of such contract are complied with, such sum or sums to be recoverable as the suit of the city or at the suit of any owner of property abutting on said avenue, street, or alley, or portion thereof, to the use of the city, in any court of competent jurisdiction. The penalty herein provided shall be in addition to and cumulative of any other penalty, condition or requirement contained in such franchise or contract. In any suit brought under this section any judgment therein recovered may be made a lien upon any sum held by or deposited with the city, or in trust, to guarantee or secure the performance of the conditions of any such franchise or contract.

SECTION 6. Whenever any franchise to any person, firm or corporation has heretofore been made, or shall hereafter be made or granted by the board of commissioners for the use of any street of the city for the purpose or for the exercise of any public privilege or advantage, and said grant has been or shall hereafter be made upon any conditions named in said grant or things to be performed by said grantee, and such grant shall contain no condition of forfeiture, yet the breach of any condition so named in any such grant, or any failure on the part of said grantee to promptly pay any tax whatever assessed by the city, shall be or cause a forfeiture of said franchise or privilege so granted, as if expressly stipulated for therein and whenever any such grant has been or shall hereafter be made in consideration of the payment of any bonus, said payment shall be secured by a prior lien on all property of said grantee, within the city, whether expressly stipulated for or not and any failure to properly pay such bonus according to the terms of the grant, or any failure to properly pay such bonus according to the terms of the grant, or any failure to pay any tax of any kind, shall be a cause of forfeiture of the franchise or privilege granted, whether such forfeiture be expressly provided for or not.

ARTICLE XVI.
STREET AND SIDEWALK IMPROVEMENTS

SECTION 1. When the board of commissioners shall deem it necessary to grade, pave, macadamize, gutter, drain or otherwise improve any street, avenue, or alley or any part thereof, within the limits of the city for which a special tax is to be levied, as herein provided, said board shall, by resolution, declare such work or improvement necessary to be done, which resolution shall be adopted by a majority vote of the board, and the passage of such resolution shall be conclusive of the public necessity therefor, and the benefit thereof, and no notice of such action by the board shall be requisite to its validity. Such resolution shall in general terms set forth the nature and extent of the improvement or improvements to be made, the section or sections of any public street, avenue, or alley to be improved, the material or materials with which the improvements are to be constructed and the method or methods under which the costs of such improvements are to be paid. Such resolution may specify that such improvements may, at the election of the board be constructed from different material and may specify different or alternative methods of making such improvements, and providing for the payment of the costs thereof. Upon the passage of such resolution it shall be the duty of the city engineer or other person designated by the board of commissioners to forthwith prepare specifications for such improvement which specifications shall embrace the different materials or different plans or methods, under which said improvements or part thereof are to be constructed or paid for, if such different materials or alternative plans or methods of construction or payment are specified in such resolution; and such specifications shall also describe the character of bond or bonds required of the successful bidder for the construction of such improvement and the maintenance thereafter, as herein provided. When such specifications have been prepared, they shall be submitted to the board of commissioners for its approval. The board shall have power to require of the contractor or contractors to whom the work may be let, a bond for the faithful performance of the contract and the maintenance of the work in good condition at the cost of the contractor for a term not less than five years from the completion thereof, and for the maintenance thereof by the contractor. The bonds required by the board of commissioners to be executed by the contractor shall be executed by such contractors to whom the work may be let together with one corporate surety acceptable to said board which shall be a surety company authorized to do business within the State of Oklahoma.

SECTION 2. The board of commissioners shall have power to cause sidewalks, curbs and gutters to be constructed, reconstructed or repaired under and by virtue of the terms of this article and the various subdivisions thereof, either separate or together with other improvements; provided that the cost of constructing, reconstructing or repairing sidewalks shall be borne entirely by the owners of property abutting upon said sidewalks; and, provided further, that the right of the board to order the construction, reconstruction or repairing of such sidewalks, curbs and gutters shall be exclusive of, and in addition to the powers in this Charter conferred upon the board of commissioners to order such improvements.

SECTION 3. The board of commissioners is hereby empowered to establish and change the grade of all streets, avenues, alleys, or other public places in the city or part or section thereof, whenever in their judgment, the public convenience may require such change of grade; provided, that no material change of the permanent established grade shall be made without making due compensation to the owners of abutting property having permanent improvements erected thereon with reference to the previous legally established grade, and the board of commissioners shall prescribe, by ordinance, the method of ascertaining the compensation due to any such property owner whose property is affected by such material change of street grade, and the city shall pay to such owner such compensation so ascertained.

SECTION 4. The costs of grading, paving, curbing and guttering any street, avenue or alley may be paid in part by the city or in part by the owners of property benefited by such improvement and abutting upon the property, street or alley or portion thereof ordered to be improved, and any resolution or ordinance passed and adopted by the board of commissioners declaring the necessity for such construction shall provide what proportionate part, if any, of the costs of such improvement shall be paid by the city, and the proportion of the costs that shall be borne by the owners of property abutting on such street, or alley or part of street or alley so ordered to be made; provided, that when any person, firm or corporation owns any railroad or street railroad or railroad switch of any kind on such street or alley or portion thereof ordered to be improved, such person, firm or corporation shall pay the whole costs of such improvement between the rails and tracks, and for two feet on each side of the rails of such railroad or street railroad, and the city and abutting property owners shall be relieved of the part of the costs to be paid by such road. The pro rata share of the cost of such improvement payable under the terms hereof by any railroad or street railroad or the owners thereof, together with all costs of collecting the same, shall be a special tax against and secured by a lien upon the roadbed, ties, rails, fixtures, rights and franchises of such railroad or street railroad and the owners thereof, and whenever a contract shall be let for any such improvement the board of commissioners shall levy a special tax upon the railroad, ties, rails, fixtures, rights and franchises of such railroad or street railroad for the pro rata share due from such road, for improvement between their tracks and rails and two feet on each side thereof. Said tax shall be levied at or after the time such contract is let or executed and shall become due and delinquent as the ordinance levying the same may specify, and shall be a lien from the time of levying and the proceeds thereof shall be used for the pavement of the costs of such improvement. If said taxes be not paid as provided for by ordinance, then collection shall be enforced as the collection of other taxes by advertisement and sale of the property, rights, and franchises levied upon; provided, it shall not be necessary to sell at the same time as for delinquent ad valorem taxes. At any such sale the city tax collector or such other officer as shall be designated by the board shall execute to the purchaser a deed similar to the one executed when the property is sold for ad valorem taxes. Such assessment and lien may also be enforced by suit brought in any court having jurisdiction thereof. The lien provided for shall be a first and prior lien paramount to all encumbrances, except taxes, upon the roadbed, ties, rails, fixtures, rights and franchises of the person, firm or corporation or company owning the railroad or street railroad aforesaid.

Provided, further, that when any street, avenue or alley is ordered graded, paved, curbed or guttered as herein provided any person, firm or corporation having right-of-way or operating a railroad intersecting or crossing such street, avenue or alley so ordered improved, shall bear the entire expense of grading, paving, curbing and guttering and laying sidewalks over and across their tracks and right-of-way for the full width of such right-of-way.

SECTION 5. When specifications have been adopted by the board of commissioners for contemplated improvements provided for by the city Charter, it shall be the duty of the business manager to at once advertise for sealed bids for the construction of such improvements in accordance with the specifications adopted therefor. Such advertisement shall be inserted not less than two consecutive times in a newspaper of general circulation in the City of Collinsville and shall state the time within which bids may be received as prescribed by the board, which shall be not less than ten days nor more than 30 days from the first insertion of said advertisement. Bids shall be filed with the business manager or such other officer as the board shall designate and shall be opened and read in public meeting of the board of commissioners. The board shall have the right to accept such bids as it shall deem most advantageous to the city and the owners of the property abutting on the public street or alley named to be improved, or may reject any and all bids; and where any improvement is ordered on different specifications, and for the construction of work or part thereof, with different material, and under different plans or methods of construction, or payment for such improvements, the board shall have full power after opening bids, to select such methods, plans or materials for making such improvements or any part thereof, as it may deem best and to let the work to such bidder and upon such bid as it may select subject to the terms thereof. No bid shall be amended, revised or changed after being filed. All bids shall be accompanied by a certified check to five percent of the amount of such bid as a forfeit, in case of failure of the bidder or bidders, if successful in securing the work bid for, to enter into a contract and bond as required by this Charter, for the performance of such work. When bids for such improvements have been accepted by the board the city shall enter into contract with the contractor or contractors, to whom the work has been let, for the performance thereof, which contract shall be executed in the name of the chairman of the board of commissioners of the city, and attested by one member of the board of commissioners, with the corporate seal. The contractor or contractors to whom such work has been let shall execute bond or bonds as may be required by the board of commissioners and as herein provided. Said bonds or bonds to be approved by the board is satisfactory.

SECTION 6. After excluding the costs of making any improvements between and two feet on each side of the track and rails of railroad or street railroads, and the entire cost of any improvements crossing the right-of-way of any railroad, which costs are to be assessed against and wholly paid by the owners of such railroads, as herein provided, and subject to the terms hereof, the City of Collinsville acting by its board of commissioners, shall have power to assess the whole costs of construction, reconstruction and repairing any sidewalks, curbing, guttering and paving any street, avenue or alley, or making any other improvements ordered under the terms hereof, against the owners of property abutting upon the street, avenue or alley or part or section thereof upon which such improvements are to be constructed, and who are specially benefited thereby, and shall have the power to fix a lien against such property to secure the payment of the portion of such costs assessed against the owners of such property and in apportioning the costs of such improvement against abutting property owner, each quarter block shall be charged with its due proportion of paving both the front and side streets on such block, and the alley or alleys therein, together with the area formed by street intersection and alley crossing, which cost shall be apportioned among the lots or subdivisions of such quarter blocks, according to the benefit to each lot or parcel. If any portion of the abutting property shall not be platted into lots or blocks the board of commissioners shall include such ground in proper quarter block districts, for the purpose of appraisement and assessment as herein provided; rovided that in no event shall such costs be assessed against such owners or their property, or liability therefor, finally determined, until after the hearing herein provided for and after the adjustment of equities between such owners; and provided, further, that the costs assessed against any property shall be in proportion to the frontage of the property of each owner to the whole frontage of property in such quarter block so ordered to be improved; provided, that if the application of this rule would, in the opinion of the board, in particular cases, be unjust or unequal it shall be the duty of the board to assess and apportion said costs in such proportion as it may deem just and equitable, having in view the special benefits in enhanced value to be received by each owner of such property, and the equities of such owners and the adjustment of such apportionment so as to produce a substantial equality of benefits received by, and burdens imposed upon each owner. The board shall also have power to provide that the proportion of said costs which may be assessed against said owners and their property shall bear interest at a definite rate, not to exceed seven percent per annum, when the payment thereof is deferred, and shall have the power to include in any assessment which may be made against such owners and their property, reasonable costs of collection, where such costs are incurred and reasonable attorney's fees, where attorney's fees are incurred.

SECTION 7. The contract or contracts for such improvements and the bond or bonds having been executed and approved by the board, it shall be the duty of the city engineer or other person designated by the board of commissioners to at once prepare a written statement which shall contain the names of such persons, firms or corporations or estates that may own property abutting upon the section or sections of the street, avenue or alleys named to be improved, the number of front feet owned by each, and describing the property owned by each by block or lot number or otherwise, so describing such property as to identify the same; and such statement shall also contain an estimate of the total costs of such improvement, the proportion and amount of such costs to be assessed against abutting property, the amount per front foot to be assessed against abutting property, and the total estimated amount to be assessed against each owner. Such statement shall be submitted to the board which shall examine the same and correct any errors which may appear therein; but no error, omission or mistake in such statement shall in any manner invalidate any assessment made, or lien or claim fixed thereunder. When such statement has been examined and approved by the board and it shall have determined to assess the costs of such improvements against such property, it shall so declare by resolution, directing notices thereof to be given to the owners aforesaid by publication for five consecutive days in a daily newspaper or twice in any other paper of general circulation in the City of Collinsville and also to mail to such owners a copy of such notice by registered letter deposited in the post office in the City of Collinsville, directed to the address of such owner, if known, or if such address be not known then to the agent or attorney of such person, if known, provided that the registered letter aforesaid shall be deposited in such post office in the City of Collinsville within ten days prior to the date set for the hearing hereinafter provided for; and provided further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of the service of notice of notice by publication above mentioned; and provided, that in all cases where personal service by registered letter shall not be obtained, said service by publication shall nevertheless be deemed valid and binding. The certificate of the business manager, or such other officer as shall be designated by the board, to the effect that the address of such owner or owners or their agent or attorney is unknown to him, and personal service cannot be had upon them shall be deemed conclusive of such fact. The notice aforesaid shall state the time of the hearing hereinafter provided for the general character of the improvements determined upon by the board, the street or part thereof to be improved and the proportionate part and amount per front foot of the total cost of the proposed improvement, which it is contemplated shall be assessed against the property and the owners thereof abutting upon such street or alley to be improved. On the date stated in the notice aforesaid or any time thereafter, before any special assessment is actually levied, any person, firm or corporation, interested in any property which is claimed to be subject to assessment for the purpose of paying the cost of any improvement, in whole or in part, shall be entitled to a full and fair hearing before said board as to all matters affecting such property, or the benefit thereto, of such improvements or any claim of liability or objection [to] the making of such improvements or any invalidity or irregularity in any of the proceedings in reference to making such improvements or any other objection thereto. Such person, firm or corporation shall file their objections in writing and thereafter the board of commissioners shall hear and determine the same, and full opportunity shall be given to the persons, firms or corporations filing such objections to produce evidence, subpoena witnesses and to appear in person or by attorney, and a full and fair hearing thereof shall be given by said board, which hearing may be adjourned from time to time without further notice, and the board of commissioners shall have full power to inquire into and determine the facts necessary to the adjudication of such objects and the ascertainment of special benefits to which such owners by means of such improvements, and shall make such order in each case as may be just and proper. Any objections to the regularity of proceedings with reference to the making of such improvements as herein provided or to the validity of any assessment against said property or the owners thereof shall be deemed waived, unless presented at the time and in the manner herein specified. The time as set for such hearing shall be not less than ten days from the time of the first publication of such notice. When the hearing above mentioned has been concluded, the board shall, by ordinance, assess against the several owners of property, and against their property abutting upon the public street or alley or part thereof ordered to be improved, such proportionate part of the costs of said improvement as by such board may have been adjudged against such respective owners and their property. Said ordinance shall fix a lien upon such property for the respective amount to be assessed, and shall state the time and manner of payment of such assessment, and said board may order that said assessment shall be payable in installments, and prescribe the amount, time and manner of payment of such installment, which however, except as hereinafter provided, shall not exceed ten years, and the payments shall not be deferred beyond ten years from the completion of said improvement, and its acceptance by the city. Said ordinance shall also prescribe the rate of interest to be charged upon deferred payments, not exceeding seven percent per annum and may provide for the maturity of all deferred payments, and their collection, upon default in the payment of any installment of principal or interest. Each property owner, his heirs, assigns or successors, however, shall have the privilege of discharging the whole amount assessed against him or any installment thereof, at any time before maturity, upon payment thereof with accrued interest. Upon the payment by any property owner of his assessment in full, the city shall cause to be executed by its business manager and duly acknowledged for record a release of the lien of such assessment.

SECTION 8. When the board shall have reason to believe that the owner or owners of any property may successfully claim the same as exempt from special assessment, it may order that the improvement shall not be made in front of or abutting on such property, unless the owner or owners shall first make a satisfactory provision for the payment of the amount of the cost which would be assessed against such property, except for such exemption, and such contractor shall not be obliged to make such improvement in front of any property which is exempt from the enforcement of a lien for such improvement, but may omit the construction thereof in front of such property. Subject to the provisions hereof the board may, when deemed just and proper, order improvement to be made on only one side of the public street or alley or section or portion thereof, and may assess the cost of, or a portion thereof, against the property and the owner of property abutting on such side of such street or alley or section or portion thereof.

SECTION 9. Whenever any error or mistake shall occur in any proceedings provided for in this Charter, it shall be the duty of the board to correct the same, and whenever it shall have been finally determined in any suit that any assessment against any property or its owner or lien against such property fixed or attempted to be fixed under the terms hereof, is for any reason, invalid, unlawful, or not enforcible, then it shall be the duty of the board to at once proceed to reassess against such property such proportion of the costs of making such improvements as shall be proper, lawful and just and fix a lien against such property; and such board shall have power, and it shall be its duty, by ordinance or resolution, to adopt such rules and regulations, and to make such orders as shall, in compliance with the law, provide for correcting such mistakes and making a valid reassessment against such property and fix a valid lien thereon; said board shall have power and it shall be its duty to adopt such rules and regulations for a hearing to the owners of such property before such reassessment which may be necessary or proper, in order to legally bind such owners and their property, by such reassessment; and shall have power to adopt all other rules and regulations which may be requisite to a valid reassessment of such property. Subject to the provisions of this Charter the cost of any such improvement or improvements, after deducting the proportion of such costs as may be assessed against any railroad or street railroad and property abutting upon the street or alley or section or portion thereof ordered to be improved and against the owners of such property, shall be borne and paid by the city.

SECTION 10. In addition to the power hereby conferred upon the board, by majority vote, to order the construction of any street improvement or improvements as herein defined, and to assess the costs thereof in whole or in part against the abutting property; whenever the owners of two-thirds of the front feet of property abutting upon any street, avenue or alley, or section or part thereof, shall in writing petition for the improvement thereof, and shall in such petition agree to pay three-fourths of the costs of such improvements in front of their respective property and of improving intersections of streets and alleys, exclusive of such cost as is payable under the terms hereof, by railroads or street railroads, shall generally designate the nature of the proposed improvements, and said board shall order the construction of such improvements; provided, only, that before a resolution ordering said improvement shall be passed by the board, it shall be satisfied from said petition or other evidence as shall be submitted to it, that, exclusive of the costs of said railroad or street railroad at least three-fourths of the whole cost of said improvement can be secured by a valid assessment against property abutting upon the street, or alley, or section, or part thereof, to be improved, or will otherwise be satisfactorily secured. If such petition shall specify any particular kind of material or pavement desired, then the work shall be ordered constructed with that material or pavement only and bids taken accordingly; provided, that in such case the petition may stipulate the maximum cost per front foot, cubic or square yard at which the work shall be let, and no contract shall be let at a greater cost than is thus stipulated. Where improvements are ordered to be made upon such petition as provided for in this section, the method of proceeding in reference thereto, and with reference to assessing the cost thereof against abutting property, shall [be] subject to the provisions of this section, [and] be in accordance with the terms and provisions of this article. Where improvements are to be made upon such petition as is provided for in this section, the work shall not actually be begun until three-fourths of the cost of said improvement, exclusive of the part of the costs to be paid by any railroad or street railroad, shall have been assessed against the property abutting upon the public street, avenue or alley, or section or part thereof, to be improved, in the manner hereinbefore provided in this section; provided, however, that no assessment shall be made, except after the hearing hereinbefore provided, and the costs of such improvements shall be apportioned between the various abutting property owners according to the frontage of their property upon such street, avenue or alley, or section or part thereof, to be improved; provided, that whenever, after such assessment the board shall be of the opinion that an assessment against any property and the lien thereby fixed cannot be enforced on account of exemption of such property, the board may direct that such improvement shall not be made in front of such property, or may require the owner of such property to pay or secure the payment of the pro rata amount of such costs assessed against such property before such improvements shall be made in front of the same.

SECTION 11. When any of the public improvements provided for in this article are ordered to be made, the cost, or part thereof which may be assessed against abutting property and against railroads and street railroads, as herein provided, and such cost so apportioned and assessed against the abutting property as provided for by this Charter, and the lien as established and fixed by the board of commissioners in favor of the contractor as herein provided for, such abutting property shall be held liable for the payment of such costs so assessed against it, and the city shall not be responsible or liable for any part of such costs so assessed and taxed against such abutting property, and shall not be liable for any part or portion of the costs of any street improvement, except when the city, through the board, shall have obligated itself to pay a part of such costs and provided in this Charter; the lien provided for herein to be fixed by the board against the respective owners and their property abutting upon any street, avenue or alley, or section or part thereof may be evidenced by assignable certificates or tax bills against abutting property, railroad or street railroad, to be issued to the contractor by the City of Collinsville, and the board shall prescribe the form and terms of such certificate. The recital in such certificates that the proceedings with reference to making such improvements have been regularly had in compliance with the terms hereof, and that all prerequisites to the fixing of the lien and claim, evidence of the facts so recited, and no other proof thereof shall be required, but in all courts said proceedings and prerequisites shall, without further proof, be presumed to have been had or performed. Such certificate shall be executed by the business manager and attested by one member of the board of commissioners, or such other officer as shall be designated by the board with the corporate seal. The passage by the board of an ordinance finally assessing against any property the cost or part thereof, or in making and fixing a lien upon such property, shall operate as notice of such assessment and lien against all creditors or the owners of such property, and the purchase thereof and the lien thereby fixed, [and] without further record or proceeding [shall] be effective against all such creditors or persons.

SECTION 12. The city shall have power to borrow money on its credit and the board of commissioners may by ordinance, authorize the issuance by the city of its negotiable coupon bonds for the purpose of paying the city's part of any such permanent street improvements as embraced in the terms of this article. Such bonds to be within the limits of indebtedness prescribed by the Constitution and this Charter. Such bonds shall bear interest at the rate of not more than five percent per annum, payable in semi-annual installments, with the principal thereof shall be payable in not more than 20 years from their date. Such bonds shall be authorized and executed in accordance with the terms of this Charter with reference to the issuance of other bonds; provided, that no such bonds shall be issued unless the question of such issue shall first be submitted to a vote of the qualified tax paying voters, and the same shall be approved at such election in accordance with the provisions of the Constitution and of this Charter, and the board of commissioners shall provide in any resolution or ordinance authorizing such bond issue, for the levying of an annual tax sufficient to meet the accrued interest, and provide a sinking fund for the payment and retirement of such bonds, and the bonds provided for in this article shall be sold by the city for not less than par. Such bonds shall not be sold by the city until registered and approved in accordance with the requirements for other bond issues by the city.

SECTION 13. All contracts heretofore entered into by the City of Collinsville, or which may hereafter be entered into by the city, and before the provisions of this Charter become effective, and all ordinances made in relation to such contracts, shall be given full force and effect under the laws and ordinances in force at the date of the making of such contracts, and such improvements shall be carried forward and completed in accordance with such laws and ordinances, and that all costs of such improvements shall be assessed by the board of commissioners against the abutting property owners and other persons, firms or corporations made liable for the payment of such costs under and in accordance with the provisions of the laws and ordinances then in force. The board of commissioners created and authorized by this Charter are hereby authorized and directed, and it is hereby made their duty to do and perform or cause to be done or performed, all things which, by such existing laws and ordinances of such city, the city council of such city and the officers thereof acting thereunder are now authorized or permitted to do, in order to carry into effect the terms of such contract, and to assess the costs of improvements against such property, and to provide for the collection of such assessment, and to provide for the issuance of assignable certificates therefor and to do and perform any other act or thing which may be necessary under said existing laws and ordinances of said city, to give effect to said contracts and to provide for the enforcement thereof. The fact that more than one parcel or lot of land, the property of the owner or jointly owned by two or more persons, firms or corporations having been assessed together in one assessment shall not invalidate the same, or the lien thereof. The costs of any such improvements assessed against any property, together with all costs and reasonable expenses in collecting the same, including reasonable attorney's fees when incurred, shall be secured by a lien upon such property superior to all other liens, claims or title, except city, county and state taxes, and such lien may be enforced either by suit in any court or competent jurisdiction or by sale in the same manner as far as applicable, as sales are authorized to be made by the City of Collinsville for the nonpayment of taxes; provided, that it shall not be necessary to sell at the same time as for delinquent ad valorem taxes, and the board may, by resolution, or ordinance, make such rules and regulations, not consistent with the Charter, as it may deem necessary to provide for the speedy collection of such assessment for improvements. Any error or omission in selling property or designating the names of owners or any other error or omission may be corrected at any time by the board or at the suit of any interested party. In any suit brought under the provisions of this section it shall be proper to join as defendants two or more property owners who are interested in any single improvement or any single contract for such improvement.

SECTION 14. At any time within ten days after hearing, as provided herein, any person or persons, corporation or corporations, having an interest in any real estate which may be subject to assessment under this Charter, or otherwise, having any financial interest in such improvement or improvements, or in the manner in which the cost thereof is to be paid, who may desire to contest on any ground the validity of any proceeding that may have been had with reference to the making of such improvements, or the validity in whole or in part, of any assessment lien fixed by said proceedings, may institute suit for that purpose in any court of competent jurisdiction. Any person or persons, corporation or corporations, who shall fail to institute such suit within a period of ten days, or who shall fail to diligently prosecute such suit in good faith to final judgment, shall be forever barred from making such contest or contests, and this estoppel shall bind their heirs, successors, administrators and assigns. The City of Collinsville, or the person or persons to whom the contract has been awarded shall be made defendants in such suit, and any other proper parties may be joined therein. There shall be attached to plaintiff's petition an affidavit of the truth of the matter therein alleged, except such matters as are alleged on information and belief, and that such suit is brought in good faith, and not to injure or delay the city or contractor, or any owner of real estate abutting on the improvement. Unless the provisions of this section are complied with by plaintiff or plaintiffs, such suit shall be dismissed on motion of any defendant, and in that event plaintiff or plaintiffs shall be barred and estopped to the same extent as if suit had not been brought. In any case where a suit is brought as provided for in this section, then the performance of the work may be suspended at the election of either the city or the contractors until such suit shall be finally determined in the court of original jurisdiction or any appellate court to which the same may be taken by appeal or writ of error; provided, that any appeal or writ of error shall be perfected within 30 days from the adjournment of the terms of court or original jurisdiction at which final judgment was rendered in such suit, and provided, that no appeal or writ of error to review the judgment of such court, may thereafter be taken or sued out by either party.

SECTION 15. The board of commissioners shall have power in its discretion by resolution passed by majority vote to order the construction, reconstruction or repairing of sidewalks as herein provided along or upon any street, avenue, public place, alley, or square, or part or section thereof, within the city or in front of any property abutting upon the same. No notice of the passage of such resolution shall be necessary. Such resolution shall in general terms describe the sidewalks to be constructed, reconstructed or repaired material of which it is to be constructed, reconstructed or repaired, the street, avenue, alley, square or place or part of section thereof along which said sidewalk is to be constructed, reconstructed or repaired. Upon the passage of such resolution it shall be the duty of the city engineer or other person designated by the board of commissioners, to forthwith prepare and present to said board plans for said sidewalks, or repairs for same, detailing the nature of construction, reconstruction or repair thereof, and the material or materials of which the same are to be constructed, reconstructed or repaired. If satisfactory the board shall approve said plans and the same shall remain on file in the office of the city engineer, or other officer designated by the board. Upon the approval of said plans of the city engineer, or other person designated, shall at once prepare and file with the board a statement containing the name or names of the owner or owners of property abutting upon the street, avenue, alley, public place or square, or part of section thereof, where sidewalks are ordered to be constructed, reconstructed or repaired, and a brief description of the property of each owner, which may be by lot or block number of any other description which shall be sufficient to identify the same, together with an estimate of the cost of such sidewalks or the repair of same in front of the property of each owner, exclusive of the cost of grading and excavating. Upon the filing of such statement it shall be the duty of the business manager, or such other officer as shall be designated by the board, to publish in a daily or weekly newspaper of general circulation within the City of Collinsville, a notice to the owner or owners of the property in front of which the sidewalk or sidewalks are to be constructed, reconstructed or repaired, which notice shall briefly recite the fact that sidewalks have been ordered constructed, reconstructed, or repaired by the board, and stating the street, avenue, alley, public place or square, or section, or part thereof, along which the same are ordered to be constructed, reconstructed or repaired, and that plans and specifications for such work have been adopted by the board and are on file in the office of the city engineer or other officer designated and notifying the owners of property abutting upon such proposed sidewalk or sidewalks to construct, reconstruct or repair same, in accordance with such resolution and specification, within 30 days of the publication of such notice. The board shall have power to adopt rules and regulations for giving additional notice to the owner or owners of such property in such manner as may by such board be prescribed, or for personal notice upon property owner, but any such notice shall be in addition to and cumulative to the advertisement provided for, and service of notice by such advertisement shall be deemed sufficient without further or additional notice. The owner or owners of property, abutting upon the street, avenue, alley, public place or square, or part or section thereof, along which sidewalks are ordered to be constructed, reconstructed or repaired shall, within 30 days from the publication of such notice, construct, reconstruct or repair said sidewalk or sidewalks in accordance with the specifications at his or their own cost and expense, except the cost of excavating or grading, which shall be borne by the city. If the owner or owners of any property in front of which sidewalks are ordered to be constructed, reconstructed or repaired under the terms hereof shall not within 30 days of the publication of such notice so construct, reconstruct or repair such sidewalks or sidewalks the board shall have power, by resolution, and it shall be their duty to order the construction, reconstruction or repairing by the city and cause the same to be constructed, reconstructed or repaired either by the city or to let the work by contract under such rules and regulations as may be adopted by the board and with or without competitive bidding at the discretion of the board. Whenever the city shall have constructed, reconstructed or repaired or caused to be constructed, reconstructed or repaired, any sidewalk as herein provided, the board shall have power to assess the whole costs thereof, except the cost of excavating and grading, which shall be borne by the city, against the property abutting upon the street, avenue, alley, public place or square upon which such sidewalks shall have been constructed, reconstructed or repaired, and the owner or owners thereof, provided that no assessment shall be made against any property or its owner or owners unless said property shall be specially benefited by the construction, reconstruction or repair of such sidewalk, nor for any sum in excess of the special benefit which shall accrue to said property and its owner or owners from the construction, reconstruction or repair to said sidewalk. When such sidewalk is ordered to be constructed, reconstructed or repaired in front of the property of one owner subject to the terms hereof the cost of such sidewalk shall be assessed against the property and the owner thereof. Where sidewalks are ordered to be constructed, reconstructed or repaired in front of the property of more than one owner or in front of more than one lot along any street, avenue, public place, alley or square, or part or portion thereof, the costs of construction, reconstruction or repair of said sidewalk in front of the property of each owner shall be assessed against such owner and his property separately and a separate liability against such owner declared. No assessment for the costs of such sidewalks shall be made against any property or its owner until the board shall have first declared, by resolution, directing notice thereof to be given to the owner or owners of such property. Such notice shall be given by advertising the same in a newspaper of general circulation in the City of Collinsville [for] three consecutive days, or once in a weekly newspaper, and also by mailing to said owner or owners a copy of such notice by registered letter deposited in the post office in the City of Collinsville directed to the address of such owner, if known, or if the address be not known, then to the agent or attorney of such owner or owners, if known; provided, that the letters aforesaid shall be deposited in the post office not less than five days prior to the date stated for the hearing hereinafter mentioned, and provided, further, that the method herein prescribed for service of notice by registered letter shall be merely cumulative of notice of publication above mentioned; provided, that in all cases where personal service of notice shall not be obtained the notice by publication shall be valid and binding. The notice aforesaid shall state the time of the hearing hereinafter mentioned, and the general character of the sidewalk ordered to be constructed or repaired, the street, avenue, public place, alley or square or part or section thereof along which the same has been constructed, reconstructed, or repaired, and that the costs of said work is proposed to be assessed against the owner or owners of property abutting thereon and the date for the hearing. Said hearing shall not be less than one week from the time of the first publication of such notice. On the date set in the notice aforesaid and at any time thereafter before an assessment is actually levied, any person or corporation interested in any property which may be claimed to be subject to assessment for the purpose of paying the costs of such sidewalks shall be entitled to a full and fair hearing before such board as to all improvements affecting such property, or the benefit thereof of such construction, reconstruction, or repairing of such sidewalk, or as to any liability therefor, or as to any irregularity or invalidity of the proceedings in regard to the construction, reconstruction, or repair of such sidewalks, or any other objection thereto. Such objection shall be filed in writing, stating the nature thereof, and full opportunity shall be given to the person or corporation filing the same to produce evidence, subpoena witnesses and to appear in person or by attorney, and a full and fair hearing thereof shall be given by the board, which hearing may be adjourned from time to time without further notice. The board shall have power to inquire into and determine all facts necessary to the adjudication of said objection and the ascertainment of such special benefits to the owners by reason of the construction, reconstruction, or repairing of such sidewalks, and shall make such order in each case as may be just and proper. Any objection to the regularity of the proceedings with reference to the construction, reconstruction or repairing of such sidewalks or to the validity of any assessment or the determining of liability against such property or its owner shall be deemed waived, unless presented at the time and in the manner herein specified. When the hearing above mentioned has been concluded the board shall, by ordinance, assess against the owner or owners of the property and against their property abutting upon the sidewalk so constructed, reconstructed or repaired the cost of constructing, reconstructing, or repairing such sidewalks in front of or along the property of each owner, and declare a personal liability against such owner or owners thereof. If it shall have been determined by the board upon such hearing that such owner or owners and their property have been benefited in enhanced value of such property in any amount at least equal to such cost; but, if in any case it shall have been determined upon such hearing that the property of any owner is not benefited in enhanced value by such construction, reconstruction, or repair of such sidewalk, then no assessment shall be made against the property of such owner; but if after such hearing it shall be determined by such board that such property has been benefited in enhanced value in any amount less than the cost of the construction, reconstruction, or repairing thereof, then the board shall assess against said owner and his property only such amount as shall equal the benefit received by such owner and his property. The ordinance making said assessment shall fix a lien upon the property of each owner or owners and declare the owner or owners thereof to be personally liable for the respective amounts which may be against them assessed, and shall state the time at which said assessment shall be paid, which shall not be longer than 60 days from the date of making the same. Such assessment shall bear interest from the date of making the same until paid at a rate not to exceed eight percent per annum. The amount assessed under the terms hereof against any property or the property owner thereof shall be secured by a lien upon such property and shall constitute a personal liability against the owner or owners thereof in favor of the City of Collinsville and said liability and lien may be enforced either by suit in any court of competent jurisdiction or by sale of such property of such owner or owners in the manner provided in this Charter for the sale of property for other taxes. Such assessment shall include all costs and expenses, of collection of same where such costs are incurred, including reasonable attorney's fees, where such attorney's fees are incurred. In all cases where sale of any property shall be made for any payment of any assessments, in the manner provided for the sale of property for payment of other taxes, such sale shall be made by the business manager, or such other officer as may be designated by the board of commissioners, a deed executed by said business manager, or other officer as shall be designated by the board of commissioners, and to recite in the deed of such business manager, or other officer as shall be designated by the board, all legal prerequisites to such sale have been complied with, shall be prima facie evidence of the truth of the facts so recited, which facts shall in all courts of law and equity be presumed to be true without further evidence thereof.

ARTICLE XVII.
SCHOOLS

SECTION 1. The City of Collinsville, with the territory thereto attached or which may hereafter be attached for school purposes, shall constitute a separate school district.

SECTION 2. The board of education of the City of Collinsville shall consist of three members, who shall be nominated and elected at large by the qualified electors of said school district. The nomination and election of members of said school board shall be in the same manner as provided in this Charter for the nomination and election of the board of commissioners. The term of office of each of said members shall be three years, excepting those elected at the first election held under this Charter, who shall hold their office as hereinafter provided. Any member of said board of education elected under the provisions of this Charter shall take his office on the first Monday in May following his election, except as hereinafter provided. All members of said board elected at the first election held under the provisions of this Charter shall take their office at the same time that the members of the board of commissioners elected at the same election shall take their office. At the first election held under this Charter there shall be elected for said Board of Education one member who shall hold his office until the first Monday in May, 1915; one member who shall hold his office until the first Monday in May, 1916, [and] one member who shall hold his office until the first Monday in May, 1917, or until their successors are elected and qualified.

SECTION 3. The Board of Education at its first meeting after the first election held under the provisions of this Charter, and at their first meeting after each election held thereafter, whether the election be an annual election or for the purpose of filling a vacancy, shall organize by the election of a president and a vice president and a clerk from among its own members.

SECTION 4. For the school district of the City of Collinsville there shall be elected a treasurer, whose term shall be three years, except as hereinafter provided. The first treasurer elected under this Charter shall take his office at the same time as the members of the board of commissioners of the City of Collinsville, and shall hold his office until the first Monday in May, 1917, or until his successor is elected and qualified. Each treasurer, excepting the first and those elected to fill unexpired terms, shall take their office for three years therefrom, and until their successor is elected and qualified, unless sooner removed as hereinafter provided.

SECTION 5. Each member of the board of education and the treasurer shall qualify before entering upon the discharge of the duties of his office by taking the oath of office as required by law. Each member of the board of education and the treasurer may be recalled in the same manner as provided in this Charter for the recall of the commissioners.

SECTION 6. The electors residing in the territory attached to the city for school purposes lying north of Broadway Street, extended east and west, shall vote at the polls most convenient to them in any precinct lying wholly or in part north of Broadway Street. The electors residing in the territory attached to the city for school purposes, lying south of Broadway Street, extended east and west, shall vote at the polls most convenient to them in any precinct lying wholly or in part south of Broadway Street.

ARTICLE XVIII.
MISCELLANEOUS PROVISIONS

SECTION 1. The City of Collinsville, acting through the board of commissioners shall have power to do by day labor, under municipal direction, any work which may become advisable or necessary to be done.

SECTION 2. In all work done by or for the city, either by day work or by contract, eight hours shall constitute a day's work, and no employee of the city on work for the city, or employee of any contractor or subcontractor of such work, shall be required to work longer than eight hours in any one calendar day; provided, that this section shall not apply to the fire or police department or to employees engaged in clerical work for the city; and provided further, that this section shall not be construed to apply to any contract entered into by the city prior to the passage of this Act; provided, that in case of emergency an employee of [the] city or [a] contractor, may be required to work longer than eight hours, but when required so to work longer than eight hours such employee shall be paid for such overtime at the rate of one and one-half times the rate such employee is paid for his labor during the eight hours.

SECTION 3. The personal and real property of all persons owing any taxes to the City of Collinsville is hereby made liable for all tax owing by such person, whether the same be due upon personal or real property, or upon both.

SECTION 4. The board of commissioners shall have power to provide for taking an enumeration of the inhabitants of the city. And it shall be the duty of the board of commissioners by resolution to appoint a commissioner who shall supervise such enumeration, whose compensation, together with all the expenses of such enumeration, shall be paid in such manner as the board of commissioners may provide.

SECTION 5. No property of any kind, church, school or otherwise in the City of Collinsville shall be exempt from any of the special taxes and assessments authorized by this Charter for local improvements.

SECTION 6. The fiscal year of the City of Collinsville shall begin and end at 12:00 midnight on June 30 in each year.

SECTION 7. All bonds, contracts or other instruments requiring the assent of the city shall be signed by the chairman of the board of commissioners, or the acting chairman, and attested by one other member of said board, and all legal processes against the city shall be served upon the chairman of the board of commissioners or acting chairman.

SECTION 8. In addition to the other modes of collection anywhere in this act provided, all taxes due the city may be collected by an action of debt, and liens on real estate may be foreclosed in any court having jurisdiction. The assessment rolls relating to such taxes shall be taken as prima facie evidence of the statements made therein, and the city shall have authority to become the purchaser at all sales of property for taxes due it, under judgment or otherwise. It shall be the duty of the business manager to attend such sales, to make such purchases if they be necessary, or to empower some other person to do so on behalf of the city.

SECTION 9. Before the City of Collinsville shall be liable for damages of any kind, the person injured or someone in his behalf shall give the business manager notice in writing of such injury within 30 days after the same has been received, stating specifically in such notice when, where and how the injury occurred and the extent thereof. The City of Collinsville shall never be liable on account of any damage or injury to person or property arising from or occasioned by any defect in any public street, highway or grounds, or any public work of the city, unless the specific defect causing the damage or injury shall have been actually known to the business manager or city engineer by personal inspection for a period of at least 24 hours prior to the occurrence of the injury or damage, unless the attention of the business manager or city engineer, shall have been called thereto by notice thereof in writing at least 24 hours prior to the occurrence of the injury or damage, and proper diligence has not been used to rectify the defect after actually known or called to the attention of the business manager or city engineer as aforesaid.

SECTION 10. It shall not be necessary in any action, suit or proceeding in which the City of Collinsville is a party, for any bond, undertaking or security to be executed in behalf of said city, but all such action, suits, appeals, or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given, and said city shall be liable as if such obligation had been duly given and executed.

SECTION 11. The property, real and personal, belonging to said city shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said city, in the hands of any person, be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the city or any of its officers or agents be required to answer to any writ of garnishment on any account whatsoever, nor shall said city be liable to the assignee of any wages of any officer, agent or employee of said city, whether earned or unearned, upon any claim or account whatsoever, and as to the city any such assignment shall be absolutely void.

SECTION 12. Whenever, in the opinion of the business manager, any building fence, shed, awning or structure of any kind, or part thereof, is liable to fall down and injure persons or property, or whenever any barbed wire fence is now or shall be stretched along the street line, the business manager may order the owner or agent of same or occupants of the premises to take down and remove the same within such time as he may direct, and may punish by fine and imprisonment, or either, all persons failing so to do. The business manager shall have the additional power to remove the same at the expense of the city on account of the owner of the property and assess the expenses thereof, including condemnation proceedings, as a special tax against the land, and the same may be collected as other special taxes provided for in this Charter, or by suit in any court of competent jurisdiction.

SECTION 13. The board of commissioners shall have full power to condemn all dangerous buildings, or obstructions of any kind, and may provide regulations therefor by ordinance.

SECTION 14. All writs, subpoenas, or other process issuing out of the city court, shall run in the name of the City of Collinsville, and may be executed and served by the chief of police or his deputies, or policemen of said city anywhere in Rogers or Tulsa County, Oklahoma.

SECTION 15. In all cases where, by any of the provisions of this Act, or by ordinances in pursuance thereof, a person is required to obtain a license for any calling, occupation, business or vocation, and has on complaint before the police court, been adjudged guilty of violating any rule, regulation or ordinance of the city in relation thereto, said court, in addition to the punishment to be imposed therefor, may suspend or revoke the license so granted.

SECTION 16. The term "officer" as used in this Charter, shall apply only to those officers who are elected by the people, or are appointed or confirmed by the board of commissioners, and the same does not include policemen, except the chief of police and business manager, and does not include other agents or employees of said city. All city officers and employees shall enter into such bond for the faithful performance of their duties as the board of commissioners may require, by ordinance or resolution, and shall perform such other and further duties as the board of commissioners may from time to time prescribe.

SECTION 17. All qualified electors of the state who shall have resided for six months immediately preceding the election within the limits of the city shall have the right to vote for commissioners and all other elective officers of said city, but in all elections to determine the expenditure of money or assumption of debt or levy special taxes, only those shall be qualified to vote who pay taxes as defined in (c) Section 10, Art. I of this Charter.

SECTION 18. The board of commissioners shall have the right to remit in whole or in part, any fine or penalty belonging to the city, which may be imposed under any ordinance or resolution passed in pursuance of this Act.

SECTION 19. No lien of any kind can ever exist against the public halls, parks or public works of the City of Collinsville. All subcontractors, materialmen, mechanics and laborers upon any public works of the City of Collinsville are hereby required to notify the city of all claims they may have on account of such work against the city, and when such notice has been given the city shall retain an amount from any funds due the contractors sufficient to satisfy all claims; provided, that such notice may be given at any time after such indebtedness becomes due and before final settlement; and provided further, that no contractor or subcontractor shall issue any time checks on or on account of any public works of said city.

SECTION 20. The board of commissioners shall require good and sufficient bonds of all contractors with at least two good and sufficient sureties, who shall be residents of the State of Oklahoma. No nonresident of the sstate shall ever be received as surety on any bond payable to the City of Collinsville, except such guarantee companies as may be satisfactory to the board of commissioners and in all cases at least one of the sureties must be a resident of Rogers County, Oklahoma. Bondmen shall give such proof of their solvency as may be required by the board of commissioners.

SECTION 21. All appropriations made or set apart for the payment of any interest or sinking fund, or both, shall under no circumstances ever be diverted to any other purpose, except it may be invested as provided by the laws of the State of Oklahoma.

SECTION 22. All questions arising in administering said city government, and not provided for in this Act, shall be governed by the state law in such cases made and provided.

SECTION 23. This act shall be deemed a public act, and judicial notice shall be taken thereof in all courts and places, without the same having been pleaded or read in evidence.

SECTION 24. The board of commissioners shall have the power to prohibit the working of state convicts within corporate limits of the city.

SECTION 25. The board of commissioners shall have power to prohibit minors from going and being on the public streets and in public places in the City of Collinsville between the hours of 9:00 p.m. and 4:00 a.m. at night without the consent of their parents or guardians.

SECTION 26. The board of commissioners are hereby empowered and authorized to exempt from municipal taxation for a period of not exceeding five years, manufacturing establishments and public utilities, as an inducement to their location in the city, when ratified by a majority vote of the taxpaying voters voting then on at a special or general election.

SECTION 27. All elections shall be held in the manner provided by the general election laws of the State of Oklahoma, as far as the same may be applicable and in other respects in accordance with the provisions of this Charter and the ordinances of the city made by authority hereof. It shall be the duty of the board of commissioners to divide the city into a convenient number of election districts or precincts, and at least ten days before any election shall be held in the city, the board of commissioners shall provide for a polling place in each of such election districts or precincts, and shall give notice for not less than three days in a daily newspaper or one time in a weekly newspaper in the City of Collinsville of the selection of such polling places.

SECTION 28. The judges of election shall be qualified voters in the city and the election district or precinct where they are to act, and all election boards, clerks, judges and other officers of election shall, as provided for in the general election laws of the State of Oklahoma and by the provisions of this Charter, and shall perform the duties imposed by such election law, and this Charter; provided, that the election returns shall be made to the board of commissioners, and the duties required to be performed by the county election board shall be performed by the board of commissioners of the City of Collinsville, and the duties to be performed by the Sheriff shall be performed by the chief of police of the City of Collinsville; and the city officers are hereby required to perform the various duties herein provided in the state election laws prescribed for the county officers, in whose stead they act, subject to the same penalties and provisions prescribed by said election laws as to such officers, all general election days shall be holidays in the city.

SECTION 29. Every person elected or appointed to any office in the City of Collinsville shall, before he enters upon his duties, take the official oath prescribed by the state constitution and such additional oaths as the board of commissioners may prescribe to secure a faithful performance of duty.

Any officer ceasing to possess any of the qualifications required of him at the time of his election shall thereby vacate his office and the same shall be filled as herein provided.

SECTION 30. All rules and regulations and ordinances concerning the police and fire departments of the City of Collinsville in force when this Act goes into effect and which are not in conflict with this act, shall be and remain in force until altered, amended or repealed by the board of commissioners; and all such rules and regulations and ordinances as may be in conflict with this Act are hereby repealed. No person shall be eligible to appointment, or to be appointed, or serve as a policeman, officer of police or fireman of the City of Collinsville who shall have been convicted of any offense, the punishment of which may be confinement in the state penitentiary; nor shall any person be appointed who is not shown to be of good character, or who cannot read and write the English language, or who does not possess ordinary physical strength and courage. Firemen of the City of Collinsville shall hold their positions during good behavior, and shall not be removed from same except for such cause as in the opinion of the board of commissioners renders them unfit to remain in the service of the city, and after written notice giving the grounds for such discharge or removal and an opportunity to be heard on such charges or reasons.

The board of commissioners shall have the authority to make provision for the care and sustenance of policemen and firemen who have been disabled while in the active discharge of their duties in the service of the city, or who after long and continuous service have become by reason of old age and infirmities, incapacitated to discharge their duties. After January 1, 1914, all policemen and firemen who shall have served continuously for ten consecutive years and who have not been found guilty of any charges for violation of any of the rules of said department, shall each receive as salary the sum of $2.50 month in addition to their regular salaries; for fifteen years of such service, $5 per month in addition to their yearly salaries; for 20 years of such service, $7.50 per month in addition to their regular salaries; for 25 years of such service, $10 per month in addition to their regular salaries.

SECTION 31. It shall be the duty of the mayor, as soon as this act shall take effect, to order an election on the third Wednesday after this Charter takes effect, at which election three commissioners shall be elected at large in the City of Collinsville. If for any reason the mayor shall fail to make such call for said election within five days after this Act becomes a law, then it shall be the duty of the county judge of Rogers County to issue said call for said election and to give ten days' notice thereof. Said election shall be held according to the laws of the State of Oklahoma applicable thereto, except where the same may be in conflict with the provisions of this Charter. The judges and clerks of said election shall be qualified voters of the City of Collinsville and shall receive such compensation and perform such duties as may be provided by law and ordinances of the City of Collinsville. In case such judge so appointed fails or refuses to act, or in case no judge of election appears to open the polls, the attending qualified voters shall appoint such officers, who shall have the same powers and perform all the duties of presiding judges of election. But in such cases such judges shall, in their return, certify that the judges of election acting as such were duly elected by the electors present, naming at least three such qualified electors present and voting. The three commissioners elected at said election as provided herein, shall hold their respective offices, perform their duties and receive their pay until their successors are elected and qualified.

SECTION 32. It shall be unlawful for any person to incumber or obstruct any street, highway or grounds of the City of Collinsville with any posts, boxes, lumber, fences, or with anything else. Any person violating the provisions of this section shall be subject to a fine in any sum in the police court, not exceeding $200.00, and each and every day that any obstruction shall exist shall constitute a separate and distinct offense.

SECTION 33. No officer or employeeof the City of Collinsville shall ever accept, directly or indirectly, any gift, favor, privilege or employment from any public utility corporation enjoying a grant of any franchise, privilege or easement from said city during the term of office of such officer or during employment of such employee except as may be authorized by law or ordinance. Any officer or employee of the city who shall violate the provisions of this section shall be adjudged guilty of a misdemeanor and shall be imprisoned in the county jail not less than three months nor more than 12 months, or shall be fined not less than $500.00 nor more than $1000.00, or may be punished with both such fine and imprisonment, and shall be subject to removal from office ipso facto.

SECTION 34. No contract shall be entered into by the board of commissioners until after an appropriation has been made therefor, nor in excess of the amount appropriated, and all contracts shall be made upon specifications, and no contract shall be binding upon the city unless it has been signed by the chairman of the board of commissioners, and countersigned by one other member of said board of commissioners, and the expense thereof charged to the proper appropriation; and whenever the contract charged to any appropriation equals the amount of said appropriation, no further contracts shall be entered into by the board of commissioners.

SECTION 35. In addition to all powers elsewhere granted in this Charter, the City of Collinsville shall have power to prohibit the erection, construction and maintenance of oil houses, where oil is stored, or oil yards in any portion of the city and to prohibit the erection of such oil houses or oil yards where oil is stored within certain distances of the main lines of any railroad, and to prohibit the erection and location of oil houses and the storing of same in any part of the residence district of the city, and authorize the inspection of all such oil houses and oil yards; and to require the building or construction of oil houses out of fireproof material; to require the construction of suitable fire escapes on or in hotels, lodging houses or other buildings, whether now built or hereafter to be built; to regulate the construction of all passenger or freight elevators used in buildings, and to provide for their inspection, and to pass all suitable laws necessary for the safety and protection of life or property in the use of such elevators; to regulate and prohibit the construction of livery stables or blacksmith shops in the residence portion of the City of Collinsville; to prohibit the erection or construction of any building or structure of any kind within the City of Collinsville without a permit first having been issued by the city for the construction or erection of such building or structure, and to authorize a fee to be charged for such permit; to authorize the inspection by the city of all buildings or structures during the progress of their construction; [and] to require that all buildings shall be constructed in conformity to the building regulations which may exist in said city, or which shall hereafter be passed.

SECTION 36. The board of commissioners shall have power to summon and compel the attendance of witnesses, and the production of books and papers before them whenever it may be necessary for the more effective discharge of their duties. All processes shall be signed by the chairman of the board of commissioners and attested by one other member of the board, and shall be served by the chief of police or any police officer of said city.

SECTION 37. In the event any part, article, section or subdivision of this Act shall be held to be unconstitutional or invalid for any reason, such holding shall not be construed to invalidate or impair the remainder of the act, but the same shall continue in full force and effect notwithstanding such holding.

SECTION 38. Whenever any power, authority or right is conferred herein upon the City of Collinsville, or upon the board of commissioners, and provisions are incorporated herein for the exercise thereof in different ways, each of such provisions shall be held and construed to be cumulative of the other referring to the same subject, and in such cases the board of commissioners shall be empowered to use its own discretion with respect to which of such powers it shall exercise.

SECTION 39. All elections for the approval or rejection of bond issues, the granting of franchises and the levying of special taxes, wherein such matters shall be submitted to a vote of the taxpayers of the city, shall be held at a general or special election in said City of Collinsville, and the elections held to elect members of the board of commissioners shall be the only elections in said city which shall be denominated general elections.

SECTION 40. The sale or other disposition of any property of the City of Collinsville, Oklahoma, whether the same be real or personal, excepting entire utilities, shall be made in accordance with and subject to such regulations as the mayor and board of commissioners of the City of Collinsville, Oklahoma, shall establish by ordinance.

(Res. of 4-3-2002, app. 7-3-2002)

Editor's note: The 2002 amendments to this section, approved at election held April 2, 2002, were approved by Governor Frank Keating on July 3, 2002.

SECTION 41. The Chief Executive of the City of Collinsville, under this Charter, shall be the chairman of the board of commissioners or any other member of the board of commissioners acting in his stead during his absence from the city, or by reason of sickness, or disqualification from performing his official duties from any cause.

SECTION 42. The laws of the state, as relates to school boards in cities of the first class shall apply to the school board and treasurer, except as herein provided.

SECTION 43. The clerk of the school board shall receive such compensation as the board shall determine by resolution.

SECTION 44. The City of Collinsville shall not be allowed to be indebted in any manner or for any purpose to an amount exceeding in any one year the income and revenue provided for such year, without the assent of three-fifths of the voters thereof, voting at an election to be held for that purpose nor in leases requiring such assent; shall any indebtedness be allowed to be incurred in an amount including existing indebtedness in the aggregate, exceeding five percentum of the valuation of the taxable property therein, to be ascertained from the last assessment for state and county purposes previous to the incurring of such indebtedness requiring the assent of the voters as aforesaid, it shall have the power to provide for, and before or at the time of incurring such indebtedness, it shall provide for the collection of an annual tax in addition to the other taxes provided for by this Charter sufficient to pay the interest on such indebtedness as it falls due and also to constitute a sinking fund for the payment of the principal thereof within 25 years from the time of contracting the same.

SECTION 45. Every officer who shall approve, allow or lay any demand on the treasury of the city not authorized by law, ordinance, or this Charter shall be liable to the city individually and on his official bond for the amount of the demand so illegally approved, allowed or paid.

SECTION 46. When this Charter shall be adopted and approved in the manner provided by law, the provisions herein made relative to the duties and authority of the board of commissioners shall be held in abeyance until the election and qualification of the members of said board of commissioners, and all powers now held and duties performed by the present mayor, city clerk, councilmen, chief of police and other officials of the City of Collinsville, Oklahoma, shall continue to be held and performed by them until the election and qualification of the board of commissioners as by this Charter provided.

SECTION 47. In all sanitary sewer districts in which there is a sanitary sewer constructed at the time of the adoption of this Charter, there shall be a physical connection with said sanitary sewer of every building or structure of every kind whatsoever on each lot, part of lot or piece of ground abutting upon said sanitary sewer, and said connection shall be equipped with such lavatories, sinks, closets and other appurtenances as may be necessary to provide said building or structures with proper sanitary facilities. If the owner, or agent in charge of any property located in a sanitary sewer district, as above described, shall fail or refuse to comply with the provisions herein made, the board of commissioners shall, at the end of 90 days from the date of the adoption and approval of this Charter, as provided by law, advertise for two weeks in some weekly newspaper, or three times in a daily newspaper, published and of general circulation in the City of Collinsville, for bids to make said connection and install lavatories, closets, sinks and other appurtenances necessary to properly equip each and every building or structure as herein mentioned, with proper sanitary facilities. The advertisement for the equipment, herein mentioned, shall designate the lot and block number, or street and number of each house, or building to be equipped and the items to be supplied for each building, and each bidder shall give the firm name, number of catalogue, and catalogue number of each item to be supplied and the unit price of each article and the sum total for each building and total of all buildings to be equipped. Said work shall be let only to the lowest and best responsible bidder, and shall be paid for by special assessment against each piece of property, and each piece of property shall be assessed according to the cost of the work done thereon, and the same shall be collected as other special taxes provided for in this Charter.

SECTION 48. When a sanitary sewer shall be built or constructed in the city after the adoption and approval of this Charter, as provided by law, each and every building or structure located on any lot, part of lot or piece of ground abutting thereon shall be connected with said sewer within 90 days from the completion and acceptance of said sewer and shall be equipped with the necessary sinks, lavatories, closet and other appurtenances to give the occupants thereof proper sanitary facilities. Should the owner or agent of the property fail or refuse to so connect said property within 90 days from the completion and acceptance of said sewer, the board of commissioners shall advertise two weeks in some weekly newspaper, or three times in a daily newspaper published and of general circulation in the city, for sealed bids, to connect said property and furnish same with the necessary equipment as hereinbefore mentioned. Each bidder shall give the firm name, number of catalogue, and catalogue number of each article and the price thereof, for each building or structure to be connected as herein provided, and shall give the total cost for each building or structure, and the total amount for all work proposed. Said work shall be let only to the lowest and best responsible bidders, and shall be paid for by special assessment against each piece of property and each piece of property shall be assessed according to the cost of the work done thereon, and the same shall be collected as other special taxes provided for in this Charter.

SECTION 49. LIBRARY BOARD. The board of commissioners may appoint a library board and by ordinance provide for its organization and prescribe its powers and duties. In the event of such appointment, the members of such library board shall serve without compensation.

SECTION 50. PARK BOARD. The board of commissioners may, when the city has funds available for park purposes, appoint a park board, and by ordinance provide for its organization and prescribe its powers and duties. In the event of such appointment the members of such park board shall serve without compensation.

SECTION 51. AMENDMENTS. Whenever a petition containing a proposed amendment to this Charter signed by a number of qualified electors of said city equal to 25 percent of the total number of votes cast at the next preceding general municipal election shall be filed in the office of the business manager, the board of commissioners shall submit such proposed amendments to the qualified electors of the city at the next election held in the city, except an election invoking the recall provisions of this Charter, and if at such election a majority of said electors voting thereon shall vote for said proposed amendment, the same shall thereupon become an amendment to, and a part of this Charter when approved by the governor and filed in the same manner and form as this Charter.

SECTION 52. REPEALS. This Charter and any provisions thereof, or any amendment thereto, may be repealed in the same manner and to the same effect as provided in section 51 of this article for amendments.

SECTION 53. The board of commissioners shall, by ordinance, fix the rates to be charged and paid for the supply of lights and water and for the benefits thereof, to consumers, and from time to time may modify, amend, increase or diminish the same; shall establish regulations for the use of lights and water by consumers and may impose fines and penalties for the violation thereof.

SECTION 54. No person, firm or corporation shall be allowed free use of lights or water, nor shall there by any discrimination among light and water users of like classes as to rates, and rebates in rates shall never be allowed to any person, firm or corporation, except as an inducement to prompt payment of light and water rates; provided, however, that the board of commissioners shall have power to reduce such rates for use of water and electric current so fixed for a period not exceeding two years to manufacturing establishments and industrial plants, as an inducement to their location in or near said city, when so authorized by a majority of the legal tax paying voters, voting at a regular or special election.

SECTION 55. Each commissioner and each member of the police department, and [the] business manager in addition to the power of enforcing ordinances of the city, shall have the same police powers as are given to a constable in making arrests and preserving the peace and safety within the City of Collinsville; provided that such officer shall have such power over territory outside the city but under its control as may be conferred by the laws of the state.

SECTION 56. Any violation of the provisions of this Charter or of any of the ordinances of the city which now exist, or may hereafter be adopted shall be liable to such fine or imprisonment as is or may be prescribed by ordinance.

CERTIFICATE

We, the undersigned, being more than a majority of the Board of Freeholders, elected at a duly and legally called election, held in and for the City of Collinsville, on the tenth day of September, 1913, said election being called for the purpose of electing two freeholders from each ward in the City of Collinsville, for the purpose of framing a charter for the City of Collinsville to be submitted to the voters of said City of Collinsville, do hereby certify that the within and foregoing is the original Charter, adopted by us, to be submitted to the people of the City of Collinsville for approval, and that all interlineations therein contained, and all the erasures and words stricken out, were made and done before the same was signed by the president and Secretary of said Board of Freeholders and by the members thereof.

In witness whereof, we have hereunto executed the foregoing Charter in duplicate this 24th day of November, 1913.

F.A. McCormick,

Pres. and Member from Second Ward.

G.L. Carpenter,

SECTION and Member from Second Ward.

A.J. Brown

Member of the Board, Fist Ward.

________

Member of the Board, First Ward.

E.E. Bateman,

Member of the Board, Third Ward.

H.P. Smith,

Member of the Board, Third Ward.

________

Member of the Board, Fourth Ward.

________

Member of the Board, Fourth Ward.

Filed with T.J. Rowland, Mayor of Collinsville, Oklahoma, this 24th day of November, 1913.