PREAMBLE


ARTICLE I

NAME, BOUNDARIES, RIGHTS, LIABILITIES, POWERS

Section 1      Name -- Boundaries.
Section 2      Rights -- Liabilities -- Powers.


ARTICLE II

ELECTIONS

Section 3      Time Of Election -- Officials Elected.
Section 4      Boundaries Of Wards.
Section 5      Qualifications Of Elective Officers.
Section 6      Filing -- Manner Of Elections.
Section 7      Procedure In Conducting Elections.


ARTICLE III

THE CITY COUNCIL

Section 8      Legislative Powers.
Section 9      Vacancies.
Section 10      Removal By Council.
Section 11      Holding Other Offices.
Section 12      No Direct Interest In City Expenditures.
Section 13      Presiding Officer -- President Of The Council And Clerk.
Section 14      President Of The Council.
Section 15      Regular Meetings.
Section 16      Special Meetings.
Section 17      Quorum.
Section 18      Rules Of Procedure.
Section 19      Final Passage Of Ordinances.
Section 20      Publication Of Ordinance Adopted.
Section 21      Amendment, Repeal.
Section 22      Record Of Ordinances.
Section 23      Proof Of Ordinance.
Section 24      Administrative Ordinances.
Section 25       Fire Pension Fund.
Section 26      Police Pension Fund.
Section 27      Power To Regulate Intoxicating Beverages.


ARTICLE IV

OFFICERS AND EMPLOYEES

Section 28      Elected Officers.
Section 29      Continuance In Office.
Section 30      Changes In Compensation.
Section 31      Compensation Of Nonelective Officers And Employees.
Section 32      Selection Of Officers And Employees Of The City Of Pryor Creek.
Section 33      Removal Of Officers.
Section 34      Oath Of Office.
Section 35      Bonds.
Section 36      The Mayor.
Section 37      Duties Of The City Clerk.
Section 38      Duties Of The Treasurer.
Section 39      Duties Of The Chief Of Police.


ARTICLE V

MUNICIPAL UTILITY BOARD

Section 40      Board Created.
Section 41      Appointment, Terms.
Section 42      Removal Of Members Of Utility Board.
Section 43      Filling Of Vacancies.
Section 44      Compensation.
Section 45      Duties.
Section 46      Operation For Benefit Of City, No Free Service.
Section 47      Utility Rates.
Section 48      Application Of Revenues.
Section 49      Surplus Revenues.
Section 50      Major Improvements And Extensions.
Section 51      Elections To Authorize Incurring Of Indebtedness.
Section 52      Annual Estimate Of Needs, Appropriation. ARTICLE VI

OTHER ADMINISTRATIVE DEPARTMENTS AND BOARDS

Section 53      Departments Established.
Section 54      Police Department.
Section 55      Department Of Public Health.
Section 56      Power Of Health Officer To Make Arrest.
Section 57      Physicians Report To Department.
Section 58      Quarantine.
Section 59      Library, Park And Cemetery Boards, Powers.


ARTICLE VII

THE INITIATIVE AND THE REFERENDUM

Section 60      Direct Legislation.
Section 61      Twenty Five Percentum Petition.
Section 62      Several Ordinances At One Election.
Section 63      Limit To Special Election.
Section 64      Repeal Of Electoral Ordinance.
Section 65      Mode Of Protesting Against Ordinances.
Section 66      Reference By The Council.
Section 67      Ordinance Receiving The Highest Number Of Votes To Prevail.
Section 68      Regular Procedure.
Section 69      The Enacting Clause.
Section 70      Initiative Ordinances Repealed By Electoral Vote.


ARTICLE VIII

FRANCHISES

Section 71      Franchises Granted Upon Vote.
Section 72      Franchise Petitions.
Section 73      Franchise Specify Streets.
Section 74      Power To Regulate Rates And Fares.
Section 75      Ordinance In Plain Terms.
Section 76      Franchise Provide For Safety, Etc.
Section 77      Exclusive Franchise.
Section 78      No Franchise Leased Except.
Section 79      Renewal.
Section 80      Terms Not Longer Than Twenty Five Years Compensation.
Section 81      City May Purchase -- Procedure.
Section 82      Matters In Charter Not To Impair Right Of Council To Insert Other Matters In Franchises.


ARTICLE IX

PUBLIC MONEYS AND FINANCE

Section 83      Sinking Funds.
Section 84      Fiscal Year.
Section 85      Audits.
Section 86      Appropriations.
Section 87      State Laws Applicable.


ARTICLE X

MISCELLANEOUS PROVISIONS

Section 88      Signature And Seal.
Section 89      Present Ordinances Continue In Force.
Section 90      Continuing Bonds, Etc.
Section 91      Official Book, Records, Etc.
Section 92      Constitution And Laws Of The State Of Oklahoma.
Section 93      Amendment.
Section 94      Effect Of Unconstitutionality Of Any Section.
CHARTER OF THE CITY OF PRYOR CREEK, OKLAHOMA

PREAMBLE

We, the people of the City of Pryor Creek, under the authority of the Constitution and laws of the State of Oklahoma, do ordain and establish this Charter for the City of Pryor Creek.

ARTICLE I

NAME, BOUNDARIES, RIGHTS, LIABILITIES, POWERS


Section 1      Name -- Boundaries.

The Municipal corporation now existing and known as "The City of Pryor Creek", shall remain and continue a body politic and corporate under the same boundaries with power and authority to change its boundaries in the manner authorized by law.

Section 2      Rights -- Liabilities -- Powers.

A.      By the name of "The City of Pryor Creek", the City shall have perpetual succession and shall own, possess or hold all real and personal property heretofore owned, possessed or held by the said City of Pryor Creek, and shall assume, manage and dispose of all trusts in any way connected therewith.

B.      Shall succeed to all the rights and liabilities and shall acquire all benefits, and shall assume and pay all bonds, obligations and indebtedness of said City of Pryor Creek, by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold and enjoy, or sell and dispose of real and personal property.

C.      May receive bequests, devises, gifts and donations of all kinds of property, in fee simple or in trust, for public, charitable or other purposes; and do all things and acts necessary to carry out the purposes of such bequests, devises, gifts and donations with power to manage, sell, lease or otherwise dispose of the same in accordance with the terms of the bequests, devises, gifts or donations.

D.      Shall have the power within or without its territorial limits to construct, condemn and purchase, acquire, lease, add to, maintain, conduct and operate water works, light plants, power plants, gas distribution system, electric distribution system, sewage disposal system, and other public utilities or works or ways, in whole or in part, and everything required therefor, for the use of said City and the inhabitants thereof, and any such system, plants or works or ways, or any contracts in relation or connection therewith, that may exist and which said City may desire to purchase, in whole or in part, may be purchased or acquired by said City which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, within the limits prescribed by the Constitution and laws of the State of Oklahoma, and shall have the power to issue bonds with the assent of the qualified electors within this City at any election legally called, in an amount necessary to carry out any of said powers or purposes.

E.      The legislative, executive and judicial powers of the City shall extend to all matters of local and Municipal government, it being the intent hereof that the specification of particular powers by any other provision of this Charter shall never be construed as impairing the effect of the general grant of powers of local government hereby bestowed.

F.      The City shall have all powers, privileges and functions which by or pursuant to the Constitution and laws of this State have been or could be granted to or exercised by any city of the first class.

G.      The City shall have the power to license and regulate by ordinance the transportation of persons and property within the streets, alleys, and all other public places in the City, and to prescribe by ordinance rules governing all persons, corporations or vehicles engaged or used in such transportation.

H.      All powers of the City shall, except as otherwise provided in this Charter, be vested in the officers and agents hereinafter provided for and subject to distribution and delegation of such powers as provided in this Charter, or by ordinance.


ARTICLE II

ELECTIONS


Section 3 Time Of Election -- Officials Elected.

A.An election shall be held on the second Tuesday in February, 2015, and each four (4) years thereafter in which there should be elected for the city at large one mayor.

B.An election shall be held on the second Tuesday in February, 2013, and each two (2) years thereafter in which there should be elected for the city at large one chief of police, one city clerk and one city treasurer.

C.On the second Tuesday in February, 2012 and each year thereafter, an election shall be held at which time one council member shall be elected from each ward. It is the intention of this charter that each ward be represented on the city council by two (2) council members, one council member to be elected in odd-numbered years and one council member to be elected in even-numbered years.

D.The terms of the officials elected hereunder shall begin on the first Monday in May following the elections and they shall serve for a period of two (2) years, except for the mayor who shall serve for four (4) years, and until their successors are elected and qualified.

E.If necessary for any of the above positions, as provided under the terms of article 2, section 6, a runoff election shall be held on the first Tuesday in April.

F.In the event lawful election dates for the state of Oklahoma are changed and these dates are no longer available for municipal elections, the city council shall have the authority to set by resolution appropriate and lawful dates for the election and runoff, if required, without the need to further amend the charter. (Res. 2011-5, 7-5-2011)

Section 4      Boundaries Of Wards.

For the purposes of election and of representation upon the city council, the city is divided into four (4) wards which shall be bounded and described after the adoption of this charter in the same manner as they were bounded and described by ordinances immediately prior to its adoption. The mayor and council may by ordinance create additional wards or change the boundaries of the wards established by this charter for the purpose of creating and maintaining more nearly equal representation of the people upon the city council. (Charter, 1-16-1951)

Section 5      Qualifications Of Elective Officers.

No person shall be eligible to be a candidate for or to hold any elective office of the city unless he be a citizen of the United States and of the state of Oklahoma, at least twenty five years (25) of age, an actual resident of the city and a qualified voter of the city. To be eligible to be a candidate for or to hold office as councilman from any ward, such candidate or official must also be an actual resident and qualified voter of said ward. (Amended Election March 1989, Res. 88-17)

Section 6      Filing -- Manner Of Elections.

A.Any person possessing the qualifications of section 5 above may become a candidate for any of the elective offices by filing with the county election board secretary beginning the first Monday in December at eight o'clock (8:00) A.M. until the following Wednesday at five o'clock (5:00) P.M. of each year his or her written request to be placed upon the official ballot. The county election board secretary shall prepare a sufficient number of official ballots setting forth the names of the qualified candidates in accordance with such requests and with the provisions of this charter and only such official ballots shall be used at such election; however, candidates shall be listed on the ballot according to the lot order randomly drawn by the secretary of the Mayes County election board. In the event a candidate for any position upon which an election is being held fails to receive in excess of fifty percent (50%) of the total votes cast for that position there shall be a runoff election between the highest two (2) candidates as provided in article 2, section 3 above. Such election will be conducted in all respects as the regular election, and the candidate receiving the highest number of votes cast for such office or offices shall be declared elected to said office or offices. In the event of a tie, the two (2) candidates with the highest number of votes cast for any office, the council holding office at that time of said runoff election shall elect such officer from the candidates voted upon at such runoff election.

B.In November of the year preceding any election(s), the city council shall pass a resolution setting forth the dates for filing for candidacy, general election, and runoff election. Upon passage said resolution shall be forwarded to the secretary of the Mayes County election board. (Res. 2011-5, 7-5-2011)

Section 7      Procedure In Conducting Elections.

With regard to precinct polling, printing of ballots, absentee ballots, counting, and return of ballots and in all other respects not specifically provided for herein, the city shall be governed at all elections including special elections by the constitution and laws of the state of Oklahoma. (Amendment adopted at election April 1988)


ARTICLE III

THE CITY COUNCIL

Section 8      Legislative Powers.

The legislative powers of the city government shall be vested in the city council composed of two (2) councilmen from each ward and in the mayor. The mayor and council may exercise such legislative powers as may be authorized by and not inconsistent with the constitution and general laws of the state of Oklahoma and this charter, and shall set up such judicial authority as it may deem necessary to enforce the ordinances of the city. The mayor and council shall have executive and legislative authority over all affairs of the city, except those specifically delegated to the utility board herein. (Charter, 1-16-1951)

Section 9      Vacancies.

Whenever a vacancy occurs in the council from any cause during the unexpired term of a councilman, the mayor with the consent of the council shall appoint an eligible person from the ward in which the vacancy occurs to fill such vacancy until the next regular municipal election at which time a councilman will be elected from such ward to fill such unexpired term; provided, that in the event such vacancy occurs during the last year of such term, such appointment shall be made for the whole unexpired term. (Charter, 1-16-1951)

Section 10      Removal By Council.

Whenever any person elected or appointed to the council neglects or refuses or fails to qualify within ten (10) days of the beginning of the term for which he has been chosen, and whenever a councilman neglects or refuses or fails to attend the meetings of the council for ninety (90) days without first having the consent of the council entered upon its records, removes from the city, is convicted of a felony or is judicially declared incompetent, as defined by statute, the mayor and council may declare that a vacancy exists and proceed to select a successor to such councilman in the manner provided for in the next preceding section. (Charter, 1-16-1951)

Section 11      Holding Other Offices.

No member of the council shall be appointed to any office or position under the city during the term of office as councilman for which he was elected or appointed. (Charter, 1-16-1951)

Section 12      No Direct Interest In City Expenditures.

No member of the council shall have any financial interest in or reap any financial benefit directly or indirectly from any expenditures of the city, save as the result of the general benefit arising from the maintenance of the streets, alleys, parks and public places in the city of Pryor Creek. (Charter, 1-16-1951)

Section 13      Presiding Officer -- President Of The Council And Clerk.

The mayor shall preside over the council at its sessions. A president of the council shall be elected by the council from its members, who shall preside in the absence of or the disability of the mayor. The city clerk shall be clerk of the council, and shall, with the mayor, sign and attest all ordinances and resolutions. (Charter, 1-16-1951)

Section 14      President Of The Council.

In the event of the absence, disability, resignation or removal of the mayor, the president of the council, elected as hereinbefore provided, shall act as mayor until the mayor shall have returned or recovered from his disability, or until a successor to the mayor shall have been elected and qualified. (Charter, 1-16-1951)

Section 15      Regular Meetings.

The council shall hold regular meetings on the first and third Mondays of each month or at such time as the council may by ordinance designate, and may hold such adjourned meetings as it may find necessary for the dispatch of its business; provided, that if the regular meeting date falls on a legal holiday the meeting shall be held upon the succeeding day. (Charter, 1-16-1951)

Section 16      Special Meetings.

Special meetings of the council may be called by the mayor, or by three councilmen at any time on such notice as the council may prescribe by ordinance, but the purpose of such meeting shall be set forth in such call and no other business shall be transacted at such meeting. (Charter, 1-16-1951)

Section 17      Quorum.

A majority of the members of the council shall constitute a quorum to do business, but a less number may adjourn to any date prior to the next regular meeting. The council shall have and sit with open doors at legislative sessions and shall keep a journal of its proceedings which shall be a public record. (Charter, 1-16-1951)

Section 18      Rules Of Procedure.

The council shall, subject to the provisions of this charter, determine its own rules of procedure. (Charter, 1-16-1951)

Section 19      Final Passage Of Ordinances.

No ordinance shall be passed finally on the date when it is introduced except in case of public emergency, the nature of which emergency shall be clearly stated in such ordinance. No ordinance making a grant of any franchise or special privilege shall ever be passed as an emergency. (Charter, 1-16-1951)

Section 20      Publication Of Ordinance Adopted.

Every ordinance adopted shall be published once in a newspaper published and of general circulation in the city and shall not take effect until thirty (30) days after such publication except emergency ordinances passed as provided for in this article, which shall take effect upon passage and publication, subject always to the provisions of the referendum; and provided further, that this section shall not apply to special assessment ordinances, but such ordinances shall be governed by the provisions of the statutes of the state. (Charter, 1-16-1951)

Section 21      Amendment, Repeal.

No ordinance or section thereof shall be amended or repealed except by ordinance adopted in the manner provided in this charter. (Charter, 1-16-1951)

Section 22      Record Of Ordinances.

A true copy of every ordinance shall be left in a book marked "Ordinance Record", and authenticated by the signatures of the mayor and clerk. (Charter, 1-16-1951)

Section 23      Proof Of Ordinance.

Any ordinance may be proved by a copy thereof certified by the clerk, under the seal of the city; or when printed in a book or pamphlet form published by the authority of the city, the same shall be received in evidence in all courts and other places, without further proof. (Charter, 1-16-1951)

Section 24      Administrative Ordinances.

The council shall have the power, and it shall be its duty to pass ordinances which may be proper and expedient to regulate and determine the organization and procedure of administrative departments, except the utility board. (Charter, 1-16-1951)

Section 25      Fire Pension Fund.

The city council shall adopt and enact such measures and ordinances as are necessary to establish a firemen's relief and pension fund and to entitle the city to an allocation of funds by the insurance commissioner of the state of Oklahoma under the laws of the state of Oklahoma in force at the time of the adoption of this charter and shall continue in operation such system of relief, pension and retirement for firemen until or unless the laws of the state of Oklahoma are substantially changed. (Charter, 1-16-1951)

Section 26      Police Pension Fund.

The city council is empowered and authorized to provide for a policemen's pension and retirement system for the benefit of the officers and employees of the police department of the city. The council may provide funds for such system by deducting a portion of the salaries of the officers and employees of the police department and/or by setting aside funds from the general fund of the city not to exceed five percent (5%) per annum of the total salaries of such officers and employees of the police department. Such system shall be administered by such officials and under such rules and regulations as the city council may provide. (Charter, 1-16-1951)

Section 27      Power To Regulate Intoxicating Beverages.

The city council may adopt and enact such measures and ordinances not prohibited by the constitution and general laws of the state of Oklahoma which it deems expedient to prohibit the unlawful sale and possession of intoxicating liquors within the city and to enforce its ordinances upon that subject including provision for the issuance of search and seizure warrants to the city policemen. (Charter, 1-16-1951)


ARTICLE IV

OFFICERS AND EMPLOYEES


Section 28      Elected Officers.

All elected officers in office at the time of the taking effect of this charter shall continue in such office until their respective terms expire unless a vacancy occurs by reason of death, resignation, removal from office or other cause mentioned in this charter and the salaries of such elected officers shall be and remain the same as they were immediately before the taking effect of this charter until changed in the manner hereinafter provided. (Charter, 1-16-1951)

Section 29      Continuance In Office.

All persons holding any nonelective office or employment under the city at the time when this charter goes into force and effect shall continue in such office or employment and shall draw the same rate of compensation as during the month preceding the adoption of this charter until removed or until the compensation is changed. (Charter, 1-16-1951)

Section 30      Changes In Compensation.

The council may by ordinance change, designate and fix the salary of the elected officers of the city of Pryor Creek, said change to become effective at the beginning of the succeeding term of office. (Charter, 1-16-1951)

Section 31      Compensation Of Nonelective Officers And Employees.

The city council shall fix the compensation of all nonelective officers and employees except the employees of the utility board. (Charter, 1-16-1951)

Section 32      Selection Of Officers And Employees Of The City Of Pryor Creek.

All officers and employees of the city of Pryor Creek, other than elective officers and except as herein specifically provided, shall be appointed by the mayor with the consent and confirmation of the council. Their term of office, conditions of servitude and compensation shall be fixed and determined by the mayor and council and they shall hold office during the pleasure of the mayor and council. (Charter, 1-16-1951)

Section 33      Removal Of Officers.

The mayor and council may by a vote of a majority of all its members, to be entered upon the journal, remove for cause any officer except the mayor and members of the utility board. The mayor may be removed from office for the causes and in the manner now provided by the laws of the state of Oklahoma for removal of county officers. (Charter, 1-16-1951)

Section 34      Oath Of Office.

All elected officers shall upon assuming office take and subscribe to an oath to support the constitution of the United States and of the state of Oklahoma and the charter of the city of Pryor Creek and diligently to perform the duties of their office, and not to advocate or give aid or support to any person, group or party advocating the overthrow of the United States, state or municipal government by force, violence or other unlawful means. (Charter, 1-16-1951)

Section 35      Bonds.

The city council shall designate by ordinance or resolution what officers or employees of the city shall give bond and the amount thereof in each case. The bonds of all officials and employees of the city of Pryor Creek shall be good and acceptable surety bonds of solvent surety companies and shall meet with the approval of the mayor and council. (Charter, 1-16-1951)

Section 36      The Mayor.

A.      The mayor shall sign all contracts, bonds, or other instruments requiring the assent of the city and take care that the same are fully performed.

B.      The mayor shall call all special municipal elections as in this charter or the laws of the state provided.

C.      He shall perform such other duties not inconsistent with the purposes and provisions of this charter as the council may assign to him. (Charter, 1-16-1951)

D.       He shall be employed by the city of Pryor Creek as the full-time chief administrative officer of the city and shall have charge and supervision of all branches of the city service except as otherwise provided in this charter. (Amended Election 11-7-2006, Res. 2006-4, 8-1-2006)

E.       He shall see to the faithful execution of all laws and ordinances of the city and state.

F.       He shall have power to dismiss any officer or employee appointed by him whenever in his judgment the interest of the city services so requires, except as herein provided.

G.       He shall control and direct the several officers and departments of the city administration, except as herein provided.

H.       He shall have power at any time to investigate the affairs of any department. He, or any person appointed by him for that purpose, shall have power to compel the attendance of witnesses and the production of books, papers and other evidence.

I.       He shall attend all meetings of the Council and may take part in the discussions but shall not vote except in case of a tie when he may cast the deciding vote.

J.       He shall have the power to sign or veto any City ordinance passed by the Council. He may exercise such veto by failing or refusing to sign an ordinance and returning the same with his objections in writing at the next regular meeting of the Council, and should the Mayor neglect or refuse to sign any ordinance without returning the same with his objections in writing at the next regular meeting, the ordinance shall become a law without his signature; provided, that any ordinance vetoed by the Mayor may be passed over his veto by a vote of two-thirds (2/3) or more of all the members of the Council notwithstanding the veto and in the event that an ordinance is passed over the veto of the Mayor it shall be the mandatory duty of the Mayor to sign such ordinance although he may note thereon that it was passed over his veto.

K.       He shall keep the Council advised of all the needs of the City and shall recommend measures for its adoption.

L.       He shall perform all such other duties as may be imposed on him by this Charter or by Ordinance.

Section 37      Duties Of The City Clerk.

The City Clerk shall be a recording officer and shall be the custodian of all documents and records of the City of Pryor Creek, except such departmental records as shall be delegated by the Council or herein reserved to be kept by the departmental heads. The City Clerk shall keep the record of appropriations and expenditures, of payment of indebtedness, minutes of all meetings of the Council, and such other records as the Council may instruct the Clerk to keep.

Section 38      Duties Of The Treasurer.

The City Treasurer shall be the custodian of all funds belonging to the City of Pryor Creek. The City Treasurer shall keep a proper record and system of accounts of all funds coming into his control.

Section 39      Duties Of The Chief Of Police.

The Chief of Police shall enforce the laws of the State of Oklahoma and the City of Pryor Creek and be subject, in the discharge of his duties, to the orders of the Mayor.

ARTICLE V

MUNICIPAL UTILITY BOARD


Section 40      Board Created.

There is hereby created a Municipal Utility Board which shall consist of five (5) members possessing the same qualifications as elective officers of the City.

Section 41      Appointment, Terms.

The first members of the Utility Board shall be appointed by the Mayor with the consent and confirmation of the Council and shall be appointed and take office as soon as practicable after the taking effect of this Charter. The first members of said Board shall hold office for varying or staggered terms to expire on the first Monday in June in the years 1952, 1953, 1954, 1955, and 1956, respectively. The respective terms of office of the first members of said Board appointed under this Charter shall be designated by the Mayor consistent with the provisions hereof. As the respective terms of office of each of the original and succeeding members of the Utility Board expire the remaining members of said Board shall appoint or reappoint some qualified person to membership on said Board to hold office for a term of five (5) years subject, however to the approval and confirmation of such appointment by the City Council. Each member of said Board shall hold office until his successor has been appointed and confirmed and has qualified for such office.

Section 42      Removal Of Members Of Utility Board.

All members of the Municipal Utility Board may be removed from office for neglect of duty, corruption or malfeasance in office, or upon any other ground for which a county officer may be removed, upon petition filed in the District Court in and for Mayes County, Oklahoma, where proceedings shall be held in all respects similar to proceedings governing the removal of a county officer. The members of the Utility Board may declare a vacancy to any membership on said Board for the same reasons that the City Council may declare a vacancy to exist in the office of any Councilman as set forth in Section 10 above.

Section 43      Filling Of Vacancies.

Vacancies in the membership of said Utility Board by reason of death, resignation, removal or any other cause except expiration of a term of office shall be filled by the remaining members of said Utility Board appointing a qualified person or persons to serve during the unexpired term or terms, such appointment to require the concurrence of a majority of said remaining members.

Section 44      Compensation.

Members of the Utility Board shall receive like compensation as the members of the City Council.

Section 45      Duties.

The Utility Board shall have the care, custody and management of the existing electric system, water system, gas distribution system, street lighting system, and sewage disposal system and may enlarge and extend them as the necessity therefor arises except as otherwise provided herein. It shall have under its control the complete operation of these utilities and such others as the people of the City of Pryor Creek may acquire. All of these utilities shall be collectively known as the Municipal Utility Department.

The Utility Board shall employ all persons necessary in the operation of the utilities, and fix their salaries, conditions of servitude and terms of office.

The Utility Board shall adopt such rules and regulations as it may deem necessary for the proper conduct of the business.

Section 46      Operation For Benefit Of City, No Free Service.

The Municipal Utility Department shall be operated for the general welfare, safety and health of the City of Pryor Creek and the citizens thereof through the furnishing of water, gas and electric service, a sewage disposal system, and such other public services as may be placed upon it, for public and private uses at reasonable rates, providing a reasonable profit to furnish revenue for the operation of other governmental and administrative functions of the City.

The Municipal Utility Department shall not contribute or donate any free service to any individual, firm, or organization and each Municipal department shall pay said Municipal Utility Department for its public services at a rate sufficient to meet the latter department's cost of operation.

Section 47      Utility Rates.

Effective with the September 1976 utility billing, the following base utility rates are established:

      1. Natural Gas: All customers within City limits --- one dollar sixty cents ($1.60) per one thousand (1,000) cubic feet used per month. Minimum bill to be the charge for one thousand (1,000) cubic feet.

      2. Water: All customers within City limits --- fifty cents ($0.50) per one thousand (1,000) gallons used per month. Minimum bill to be the charge for two thousand (2,000) gallons.

      3. Electricity: All regular residential customers within City limits --- two and eight-tenths (2.8) cents per kilowatt hour used per month. Minimum bill to be the charge for thirty eight (38) kilowatt hours.

When wholesale costs of purchased utilities change from May 1976 wholesale rates, the Municipal Utility Board may increase with approval of the City Council, and must decrease each retail rate by the same percentage of change in the wholesale purchased utility cost. (Amended by a vote of the people on August 17, 1976 pursuant to an election called as authorized by Res. 76-10. Approved and adopted on July 6, 1976.)

Section 48      Application Of Revenues.

The revenue derived from the operation of the Utility Department shall be applied, first for the payment of the ordinary operating expenses of the Utility Department and the retirement of Utility Department warrants or certificates of indebtedness issued for such expenses within the scope of operating expenses shall be included the cost of the ordinary operation, the expenses incidental to the running of new services and the installation of new meters without major extension of lines, cost of minor extension of lines and cost of replacements due to obsolescence. Except as otherwise provided herein, such expenditures shall not exceed and shall be paid out of the revenues of the Utility Department for the year in which they arise.

The Utility Board shall set aside out of its revenues a reserve for depreciation, replacement of obsolete equipment and for emergency repairs. Such reserve shall be created for the purpose of ensuring a fund for the replacement, without incurring Municipal indebtedness, of property, machinery, equipment and supplies which the Board anticipates will become wornout or obsolete in the future, and to provide an emergency fund in cases of destruction or injury to utility properties by reason of fire, wind, lightning and the like. If practicable, such reserve shall be created gradually and over a period of years and in any event the revenues set aside for such reserve in any one year shall not exceed twenty percent (20%) of the net profits of the Utility Department for that year.

Section 49      Surplus Revenues.

In the event that the revenues derived from the operation of the Utility Department shall exceed the ordinary operating expenses as defined herein and the reserve authorized to be set aside from such revenues in the next preceding section, such surplus revenues shall be applied by the Mayor and the City Council as follows:

      First: For the current interest and accruals in the Sinking Fund of the City of Pryor Creek.

      Second: For the General Fund of the City of Pryor Creek.

Such surplus revenues shall be transferred to the Sinking Fund and General Fund of the City at such times and intervals as the Mayor and Council shall designate.

Section 50      Major Improvements And Extensions.

Major improvements and extensions of the Utility Department services necessitating an indebtedness in excess of the revenues and appropriations for the year in which such indebtedness is created may be made only with the authority of a majority of the qualified electors voting at an election legally called for that purpose. When authorized by a vote of the people for that purpose the Utility Board may issue securities for improvements and extensions of the Utility Department against the future revenues of the Department, or the City may create bonded indebtedness for that purpose as provided by law.

Section 51      Elections To Authorize Incurring Of Indebtedness.

Upon demand therefor the Municipal Utility Board by its resolution presented to him, the Mayor shall within ten (10) days after such presentation call a special election and submit to the qualified electors any requested issue relative to the authority of the Municipal Utility Department or the creation of indebtedness to meet the needs of the Municipal Utility Department.

Section 52      Annual Estimates Of Needs, Appropriation.

The Utility Board shall cause to be prepared at the end of the fiscal year a statement of its estimated needs for the ensuing year and shall appropriate funds from the Department revenues to provide for said estimates and said statement shall be made a part of and published with the financial statement and estimated needs of the City of Pryor Creek.


ARTICLE VI

OTHER ADMINISTRATIVE DEPARTMENTS AND BOARDS


Section 53      Departments Established.

The City Administration under the Mayor shall consist of a Police Department, Fire Department, Street Department, and such other departments as the City Council may prescribe by ordinance.

A.       The Police Department shall consist of the Chief of Police and as many other subordinate police officers or employees as may be provided for by the City Council. Such subordinate police officers or employees shall be appointed by the Chief of Police with the consent and confirmation of the Mayor and a majority of the members of the City Council.

B.       The Fire Department shall be governed by the applicable laws of the State of Oklahoma; provided, that members of said Fire Department shall not be removed or discharged without a hearing after ten (10) days' notice.

C.       The Street Department shall consist of a Superintendent of Streets appointed by the Mayor with the consent and confirmation of the Council and as many other officers or employees as may be provided for by the Mayor and Council. (Amended Election, 3-5-1991, Res. 90-19)

Section 54      Police Department.

It shall be the duty of the Police Department to maintain order and to enforce the laws and ordinances of the State and City and to that end every officer shall have the power and it shall be his duty to make arrests upon warrant, or without warrant when he shall be a witness to the violation of any law or ordinance, and he shall bring the accused before the Court having jurisdiction without unnecessary delay. The Police Department and all officers thereof shall perform all such other duties as may be required of them by the laws, ordinances, rules and regulations which may be made governing the Police Department.

Section 55      Department Of Public Health.

Repealed. Election 3-5-1991, Res. 90-19.

Section 56      Power Of Health Officer To Make Arrest.

Repealed. Election 3-5-1991, Res. 90-19.

Section 57      Physicians Report To Department.

Repealed. Election 3-5-1991, Res. 90-19.

Section 58      Quarantine.

Repealed. Election 3-5-1991, Res. 90-19.

Section 59      Library, Park And Cemetery Boards, Powers.

The Mayor and Council may elect to place the operation of the City Library, the City Parks and the City Cemetery under the control of boards whose members shall be appointed by the Mayor with the consent and approval of the Council, and serve without pay. They shall have the custody and care of the departments under their control.

Boards so appointed shall employ all persons needed in the operation of their departments and fix their compensation.

Thirty (30) days prior to the beginning of each fiscal year said boards shall present to the City Council a detailed statement of the estimated needs and expenses for the ensuing year.


ARTICLE VII

THE INITIATIVE AND THE REFERENDUM


Section 60      Direct Legislation.

Any proposed ordinance may be submitted to the Mayor and Council by petition signed by qualified electors of the City, equal in number to the percentage hereinafter required.

Section 61      Twenty Five Percentum Petition.

If the petition accompanying the proposed ordinance be signed by qualified electors equal in number to twenty five percentum (25%) of the total votes cast for all candidates for Mayor at the preceding election and contains a request that said proposed ordinance be submitted to a vote of the people, if not passed by the Council, the Mayor and Council shall submit such proposed ordinance to a vote of the qualified electors of the City at an election, regular or special, to be held for that purpose, and unless such ordinance is passed by the Mayor and Council, the form of such petition, the manner of procuring and filing the same, and the time and manner within which election shall be held thereunder, shall be governed by ordinance or ordinances sufficient to carry out the purposes of this provision.

Section 62      Several Ordinances At One Election.

Any number of proposed ordinances may be voted on at the same election in accordance with the provisions of this Article and the ordinances which may be passed by the Council in furtherance thereof.

Section 63      Limit To Special Election.

There shall not be held under this Article of the Charter more than one special election in any period of twelve (12) months for the submission of the same proposition.

Section 64      Repeal Of Electoral Ordinance.

The Council may submit a proposition for the repeal or amendment of any ordinance so adopted by electoral vote to be voted upon at any succeeding regular Municipal election, and should such proposition so submitted receive a majority of the votes cast therefor at such election, such ordinance shall be repealed or amended accordingly. No ordinance adopted by electoral vote can be repealed or amended except by electoral vote.

Section 65      Mode Of Protesting Against Ordinances.

No ordinance passed by the Mayor and Council shall go into effect before thirty (30) days from the time of its passage, except ordinances making a tax levy or appropriations or in respect to improvement districts or sub-districts and special assessments; and excepting also any ordinance for the immediate preservation of the public health, peace or safety which contains a statement of its urgency. If, during said thirty (30) days, a petition signed by the qualified electors of the City equal in number to at least twenty five percentum (25%) of the last preceding vote cast for all candidates for Mayor be presented to the Mayor and Council, protesting against the going into effect of such ordinance, the same shall be suspended from going into effect and it shall be the duty of the Mayor and the Council to reconsider such ordinance and if the same be not entirely repealed, the Mayor and Council shall submit the ordinance to a vote of the qualified electors of the City, either at the next regular Municipal election or at a special election to be called for that purpose, and such ordinance shall not go into effect unless a majority of the qualified electors voting on the same shall vote in favor thereof.

Section 66      Reference By The Council.

The Council may, on its own motion, submit to electoral vote for adoption or rejection at a regular or special Municipal election any proposed ordinance, or measure, in the manner and with the same force and effect as if a petition therefor had been filed as provided in the last preceding section.

Section 67      Ordinance Receiving The Highest Number Of Votes To Prevail.

If the provisions of two (2) or more proposed ordinances or measures adopted or approved at the same election conflict, then the ordinance or measure receiving the highest affirmative vote shall control.

Section 68      Regular Procedure.

The form of petition for exercising the referendum, and of the procedure thereunder, and for the reference by the Council of any matter upon its own motion, and the matters and things pertaining to the carrying into effect of this Charter shall be provided for by ordinance, and all such matters shall be regulated and governed by such ordinances as the Mayor and Council may prescribe.

Section 69      The Enacting Clause.

The style of every ordinance submitted to the vote of the people by initiative petition or by the voluntary action of the Council shall be as follows: "Be it ordained by the people of the City of Pryor Creek;" and every such ordinance when passed by popular vote shall be signed by the Mayor and attested by the Clerk as so passed.

Section 70      Initiative Ordinances Repealed By Electoral Vote.

The Mayor and Council may submit the repeal of or any proposed amendment of any ordinance so adopted to the electors to be voted upon at any succeeding regular election, and should such proposal for repeal or amendment receive an affirmative majority of all votes cast thereon such ordinance shall be repealed or amended accordingly.


ARTICLE VIII

FRANCHISES


Section 71      Franchises Granted Upon Vote.

No franchise shall ever be granted, extended, renewed or leased by the City without the approval of a majority of the qualified electors residing within the corporate limits who shall vote thereon at a special or regular election and the question of its being granted shall not be submitted to such vote except upon deposit with the Treasurer of the expense of such submission (to be determined by the Council) by the applicant for said franchise.

Section 72      Franchise Petitions.

Whenever a petition is signed by a number of qualified electors of the City of Pryor Creek equal to twenty five percentum (25%) of the total number of votes cast at the next preceding regular Municipal election, demanding that a franchise be granted, extended or renewed, it shall be filed with the Mayor, who shall within ten (10) days thereafter call a special election at which he shall submit the question of whether or not such franchise shall be granted, extended or renewed and if at said election a majority of the electors voting thereon shall vote for the grant, extension or renewal of such franchise, the same shall be granted by the Mayor and Council at the next succeeding regular meeting of the Council.

Section 73      Franchise Specify Streets.

All franchises or privileges hereafter granted shall plainly specify on what particular streets, alleys, ways or other public property the same shall apply; and no franchise or privilege shall hereafter be granted by the City generally, and all such franchises shall be void after a period of one year from the date the same may be granted as to streets, alleys, ways or other public property upon or within which work was not commenced within one year from the granting of the franchise and prosecuted with due diligence to completion.

Section 74      Power To Regulate Rates And Fares.

Subject to the power reserved by the Constitution of this State to the Corporation Commission, all power to regulate the rates, fares and charge for service by public utility corporations is hereby reserved to the people to be exercised by them by ordinance of the Council or in the manner herein provided for initiation or referring an ordinance. Any right of regulation shall further include the right to require uniform, convenient and adequate service to the public and reasonable extensions of such service and of such public utility works.

Section 75      Ordinance In Plain Terms.

No franchise, right, privilege or license shall be considered as granted by any ordinance except when expressed therein in plain and unambiguous terms and any and every ambiguity therein shall be construed in favor of the City and against the claimant under said ordinance.

Section 76      Franchise Provide For Safety, Etc.

The grant of every franchise or privilege shall be subject to the right of the City, whether in terms reserved or not, to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and enforce ordinances to require proper and adequate extensions of service of such grant and to protect the public from danger or inconvenience in the operation of any work or business authorized by the grant of the franchise and the right to make and enforce all such regulations as shall be reasonably necessary to secure extensions and accommodations for the people and ensure their comfort and convenience.

Section 77      Exclusive Franchise.

No exclusive franchise shall ever be granted.

Section 78      No Franchise Leased Except.

No franchise granted by the City shall ever be leased, assigned or otherwise alienated without the express and written consent of the City, and no rule of estoppel shall ever be invoked against the City's asserting the invalidity of any attempted transfer in violation of this Section.

Section 79      Renewal.

No franchise shall be renewed before five (5) years prior to its expiration.

Section 80      Terms Not Longer Than Twenty Five Years Compensation.

No franchise, lease or right to use the streets or the public places or property of the City shall be granted by the City for a period longer than twenty five (25) years, nor without fair compensation to the City therefor, and in addition to the other forms of compensation to be therein provided, the grantee shall be required to pay annually to the City such percentage of the gross receipts arising from the use of such franchise and of the plant used therewith as shall be fixed in the grant and said franchise. Every grant of a franchise shall fix the amount and manner of the payment of the compensation to be paid by the grantee for the use of the same, but this shall not exempt the grantee from any lawful taxation upon his or its property nor from any licenses, charges or impositions not levied on account of such use.

Section 81      City May Purchase -- Procedure.

Every grant of a franchise or right shall provide that the City may upon the payment therefor of its fair evaluation, to be made as provided in the grant, purchase and take over the property and plant of the grantee in whole or in part. The procedure to effect such purchase shall be prescribed by ordinance.

Section 82      Matters In Charter Not To Impair Right Of Council To Insert Other Matters In Franchises.

The enumeration and specification of particular matters in this Charter which must be included in every franchise or grant shall never be construed as impairing the right of the City to insert in such franchise or grant, such other further matters, conditions, covenants, terms, restrictions, limitations, burdens, taxes, assessments, rates, fares, rentals, charges, controls, forfeitures or any other provisions whatever, as may be deemed proper to protect the interests of the people.


ARTICLE IX

PUBLIC MONEYS AND FINANCE


Section 83      Sinking Funds.

All sinking funds collected and accumulated from time to time for the purpose of meeting any future maturing bonded or other indebtedness, except such as may from time to time be invested in lawful securities, are hereby required to be placed on time deposit in solvent banks, which are members of the Federal Deposit Insurance Corporation, at the highest rate of interest that can be secured from such bank or banks upon certificates of deposit for such funds, and no part of such funds shall be at any time deposited in any bank at a lower rate of interest when another qualified bank in the City is willing to accept the same on time deposit and pay a higher rate of interest on such deposit; provided however, that the deposit in any one bank shall never be in excess of its capital and surplus. On making deposits of such sinking funds, the Treasurer shall take from each institution or institutions as security for such deposits negotiable interest bearing United States, State, County, School District, General Assessment Municipal Bonds, or surety company bonds in an amount not less than the amount of such deposit. In the investment and application of such sinking funds, the provisions of section 541, of Title 62, Oklahoma Statutes 1941, and such other existing laws of the State of Oklahoma as may be applicable shall govern the officers of the City of Pryor Creek in such investment and application, and by reference are hereby incorporated as provisions of this Charter.

Section 84      Fiscal Year.

The fiscal year of the City shall commence on the first day of July and end on the last day of June of the succeeding year.

Section 85      Audits.

The Mayor and Council shall have power in case of necessity to employ special counsel and special expert accountants or auditors for the purpose of making special examinations of the books and accounts of any officer or department of the City of Pryor Creek, and annually at the close of the fiscal year shall cause the books and accounts of all officers and departments, including the Utility Department, to be audited by a certified public accountant. Said accountant shall prepare a detailed statement of all expenditures and revenues of all departments of the City for the preceding year and furnish same to the Mayor and Council in time to be made a part of the City's annual statement of revenues and expenditures and estimated needs for the ensuing year.

Section 86      Appropriations.

The Mayor and Council shall receive the statement of the probable needs of the various officers and heads of departments under their control, shall consider the sufficiency and necessity in said statement, and from these statements and the anticipated revenues for the ensuing year, they shall compile a statement of estimated needs and appropriations for the general government of the City for the ensuing year.

Section 87      State Laws Applicable.

The laws of the State of Oklahoma relative to purchase orders and the filing of claims against cities and all other laws of the State of Oklahoma relative to public moneys and public finance, applicable to cities of the first class and not inconsistent with the provisions of this Charter or any amendments thereto shall govern and control the City of Pryor Creek.


ARTICLE X

MISCELLANEOUS PROVISIONS


Section 88      Signature And Seal.

All documents of the City of Pryor Creek shall bear the signature of the Mayor, attested by the City Clerk, and the Official Seal of the City.

Section 89      Present Ordinances Continue In Force.

All laws, ordinances, resolutions, bylaws, orders, rules or regulations in force in the City of Pryor Creek at the time this Charter takes effect, and not inconsistent with the provisions of the Charter, whether enacted by the authority of the City or by any other authority, shall continue in full force and effect until the Council otherwise by ordinance provides, notwithstanding any change of organization effected by this Charter.

Section 90      Continuing Bonds, Etc.

All official bonds, recognizances, obligations, contracts and all other instruments entered into or executed by or to the City before this Charter takes effect, and all taxes, fines, penalties and forfeitures due or owing to the City, and all writs, prosecutions, actions and causes of action, except as herein provided, shall continue and remain unaffected by this Charter.

Section 91      Official Book, Records, Etc.

A.       All books, records and papers of every office, department, board or commission are City property and must be kept as such by the proper officers or employees during their continuance in office and then delivered to their successors, who shall give duplicate receipts therefor, one of which shall be filed with the Clerk.

B.       Certified copies of extracts from the books, records and files shall be given by the officer, board, commission or employee having the same in custody, to any person demanding the same and paying a reasonable price therefor.

C.       All equipment, collections, models, materials, instruments, tools and implements which are collected, maintained, used or kept by the City of Pryor Creek or by any department officer, Board or Commission shall be City property and be duly accounted for or turned over to their respective successor.

Section 92      Constitution And Laws Of The State Of Oklahoma.

All provisions of the Constitution and laws of the State of Oklahoma, other than the laws especially applicable to cities of the first class, in force at the time this Charter becomes effective or that may be thereafter adopted or enacted, 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 hereafter adopted, not inconsistent with the provisions of this Charter or any amendments thereto, and all provisions of the State of Oklahoma applicable to cities having a Charter form of government are hereby recognized as governing and controlling in and upon the City of Pryor Creek.

Section 93      Amendment.

This Charter may be amended, revised or repealed in the manner authorized by the laws of the State of Oklahoma.

Section 94      Effect Of Unconstitutionality Of Any Section.

If any section, paragraph, sentence or phrase of this Charter shall be declared unconstitutional or void for any reason by any court of final jurisdiction, such fact shall not in any manner invalidate or affect any other section, paragraph, sentence or phrase of this Charter for the same shall continue in full force and effect.

Proposed and signed this 28th day of November, 1950.

BOARD OF FREEHOLDERS OF THE CITY OF PRYOR CREEK

By O.J. Borum, Chairman
C.H. Fawks, Secretary
Chester W. Sharp
V.W. West
A.E. Kinnamon
Ellis R. Jones
H.L. Ray
T.L. Snodgrass
Members.

CERTIFICATE

State of Oklahoma)
)
County of Mayes)

I, the undersigned, duly elected, qualified and acting Mayor and chief executive officer of the City of Pryor Creek, Mayes County, Oklahoma, hereby certify that, at a special election held in said City on the 16th day of January, 1951, a proposed Charter for said City, a true and correct printed copy of which is hereto attached, was submitted to the qualified electors of said City and was ratified by a majority of the qualified electors voting thereon, the vote being six hundred seventeen (617) for, and two hundred twenty five (225) against, the adoption and ratification of said Charter.

Dated this 30th day of January, 1951.

Earl Ward
MAYOR OF THE CITY OF PRYOR CREEK

ATTEST: (SEAL OF CITY)
Eva Boan, CITY CLERK

APPROVAL

It appearing that the proposed Charter of the City of Pryor Creek, Mayes County, Oklahoma, as shown by the printed copy thereof, hereto attached, is not in conflict with the Constitution or laws of the State of Oklahoma, the same is hereby approved by me, this 30th day of January, 1951.

Johnston Murray
GOVERNOR OF THE STATE OF OKLAHOMA

ATTEST: (SEAL)
John D. Conner
SECRETARY OF STATE