HomeMy WebLinkAbout1985 06_Election to change City Charter_1985.02.05RESOLUTION NO® 85-06
A RESOLUTION PROPOSING AM�ENDMENTS AND REPEALER TO
THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, IN
ARTICLE 2, ARTICLE 3, ARTICLE 6, AND ARTICLE 7 THEREOF,
AND CALLING FOR AN ELECTION IN THE CITY OF OWASSO,
OKLAHOMA, FOR THE PURPOSES OF SUBMITTING TO THE
REGISTERED, QUALIFIED VOTERS 0? SAT D CITY OF OWASSO,
OKLAHOMA, THE QUESTIONS OF AMENDING AND REPEALING
VARIOUS SECTIONS IN THE AFOREMENTIONED ARTICLES OF
THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA, SETTING
BALLOT REQUIREMENTS, PUBLICATION OF PROPOSED CHANGES,
ELEECTION DATE, AND DECLARING AN EMERGENCY.
WHEREAS, under the provisions of Article 9, Section 9-1,
the Charter of the City of Owasso, Oklahoma, may be amended
by proposals therefor submitted by the Council, and at a
general or special election therefor, ratified by a majority
of the qualified electors voting thereon and approved by the
Governor as provided by the State Constitution; and,
WHEREAS, it is deemed advisable by the City Council of
the City of Owasso, Oklahoma, that the present Charter of
said City of Owasso, Oklahoma, be amended in certain
particulars and that certain portions therein be repealed;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OWASSO, OKLAHOMA:
Section 1: That the City Council of the City of Owasso,
Oklahoma, hereby proposes that the Charter of the City of
Owasso, Oklahoma, be amended in part and that part of the
City Charter of the City of Owasso, Oklahoma, be repealed,
both proposed amendments and proposed repealer being those as
set forth in Exhibit. "A" attached hereto®
Section 2: That the City Council of the City of Owasso,
Oklahoma, consistent with Article 9 of the Charter of the
City of Owasso, Oklahoma, as well as state law relating
thereto, calls for an election to be held in the City of
Owasso, Oklahoma, on the 2nd day of April, 1985, same being a
date for general election, or if such general election not be
held, such being hereby called as a date for a special
election to be held hereon, for the purpose of submitting to
the qualified electors of the City of Owasso, Oklahoma, for
their ratification or rejection amendments to and repeal of
those portions of the Charter of said City of Owasso,
Oklahoma, referred to in Exhibit "A".
Section 3: The amendments and repeaters contained in said
Exhibit "A" shall be placed on the ballot for ratification or
rejection in a manner so that each Section of the Articles
containing the proposed changes may be voted upon separately,
except that where passage of a proposal contained in one
Article is interrelated with that proposed in another, the
two may be combined for voting purposes; further, that in
addition to provision for voting separately on each Article,
the ballot shall be prepared in such a manner as to allow the
voters to vote for approval or rejection of the proposals in
their entirety by a single mark, provision for same to be
placed at the top of said ballot.
Section 4: The ballot shall set forth propositions set out
in Exhibit "A" attached hereto, in a concise manner,
containing the gist of the propositions couched in language
that may be readily understood by persons not engaged in the
practice of 'Law. The ballot title shall contain language
which clearly states that a "yes" vote is a vote in favor of
the proposition and meaning to ratify such proposition, and a
99no" vote is a vote against the proposition and meaning to
reject such proposition®
Section 5: This Resolution, in addition to the proposal for
amendments to and repeaters of portions of the Charter of the
City of Owasso, Oklahoma, shall constitute a call for an
election ratifying the proposals or rejecting same, in whole
or in part. Additionally, consistent with the provisions of
Section 6-10 of Article 6 of the Charter of the City of
Owasso, Oklahoma, said election shall be conducted in
accordance with the provisions of the State Constitution and
laws applicable to city elections®
Section 6: The proposed amendments and repeaters as well as
an announcement of the date for the election on same shall be
published as required by law.
Section -7: The present Articles of the Charter of the City
of Owasso, Oklahoma, as well as -the proposed Articles as they
would appear if the amendmen-ts and repeaters were ratified
and approved, is attached hereto as Exhibit "B" and
incorporated by reference herein to be used for purposes of
comparison and understanding of the changes proposed herein.
Section 8: That by reason of the fact that the effective
date of this Resolution must occur prior to thirty days from
the date hereof in order that submission of the proposed
amendments and repeaters to the qualified electors may occur
on AprL
Jl 2, 1985, and by virtue thereof result in a
substantial savings of monies to the City Of Owasso,
Oklahoma, and as a result thereof, the inhabitants of the
City of Grasso® Oklahoma, it is necessary that this
L
Resolution take effect immediately upon its passage and
publication® As a result of such action being necessary for
the purposes of effectuating a substantial savings to the
inhabitants of the City of Owasso, Oklahoma, an emergency is
hereby declared to exist whereby, this Resolution shall take
effective immediately upon passage and publication thereof®
PASSED AND APPROVED this 5th day of February, 1985, with
the emergency clause voted upon separately®
CITY COUNCIL, CITY OF OWASSO,
OKLAHO' A
By:
Boyd M. s ncer, Mayor
ATTEST:
Ann Wen4.tickson, City Clerk
OVED AS TO E'QRM-.
Ronald D. Cates, City Attorney
Affidavit Of Publicatio
STATE OF OKLAHOMA, TULSA COUNTY, ss
Bill R. Retherford, of lawful age, being ('
and authorized, says that he is publisher of the
Owasso Reporter
newspaper printed in the City of
Tulsa County, Oklahoma, a newspaper qi
publish legal notices, advertisements and publi
provided in Section 106 of Title 25, Oklahoma Ste
as amended, and thereafter, and complies wilt x
t
requirements of the laws of Oklahoma with re t
legal publications.
That said notice, a true copy of which is
t
hereto, was published in the regular editic
newspaper during the period and time of publi;;
nlinea s plee e i, on the following dates:
Arc b,, . � ......... 198.5 ............
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Subscribed and sworn to before e this.. 7t.
day of r Mare ............................ g
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Mycommission expires: S!p�e. e.r 3,
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PROPOSITIONS FOR AMENDMENT
TO THE CHARTER OF THE CITY OF OWASSO, OKLAHOMA
PROPOSITION I
Shall Article 2, Section 2-1(b) of the Charter of the
City of Owasso, Oklahoma, be amended to provide as follows:
"Only qualified electors of the City who reside in
the respective wards from which they are elected or
appointed to fill a vacancy, shall be qualified for
the offices of Councilmen. Upcn election, or
a2p,rointment as the case mjy_bf, such Councilman
shall continue to reside within the ward from which
elected or appointed during the entire term of said
Councilman's office, or upon removal of residence
therefrom, forfeit such office® No Councilman
may hold any office in the City government by
appointment by the City Manager or by any subordinate
of the City Manager. If the Mayor or any other
Councilman is convicted of a crime involving moral
turpitude, his office shall become vacant immediately
when the case is finally determined."
PROPOSITION II
Shall Article 2, Section 2-8 of the Charter of the City
of Owasso, Oklahoma, be amended to provide as follows:
"If the Mayor or any other Councilman is absent from
more than one-half of all the regular and special
meetings of the Council held within any period of
four consecutive calendar months, such person
shall thereupon cease to hold offi—C-7.71 p
PROPOSITION III
Shall Article 3, Section 3-1(a) of the Charter of the
City of Owasso, Oklahoma, be amended to provide as follows:
"There shall be a City Manager. The Council shall
appoint him for an indefinite term by a vote of
malority of all its members® It shall choose him
solely on the basis of his executive and adminis-
trative qualifications. 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 desiqnated fence line thereof® Neither the
Mayor nor any other Councilman may be appointed
City Manager or Acting City Manager during his
term nor within two years after the expiration
of his term."
PROPOSITION IV
Shall Article 6, Section 6-3, and Section 6-4 of the
Charter of the City of Owasso, Oklahoma, be amended to
provide as follows:
13
"Section 6-3: Any person qualified for the office for
which is filing may have his name placed on the ballot
for the primary election as a candidate for councilman
from his ward by -filing, on the first Monday, Tuesday,
or -Nednesdav 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, whereupon such time shall be extended commensur-
ate with the legal holiday or lawful closing, with the
secretary of the county election board, a sworn statement
Of hJL's candidacy.
Section 6-4® �_2��mary election shall be held on
the first Tuesday in March of every year to nominate
candidates for Councilmen to succeed those whose -terms
are expiring in the respective year. If only one person
is a candidate for an office to be filled, he shall be
not only 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 one candidate for each
office to be filled.H
PROPOSITION V
Shall Article 7, Section 7-1 through Section 7-5 of the
Char-ter of the City of Owasso, Oklahoma, be repealed and
provide in place thereof the following:
ARTIC-LE 7
REMOVAL OF COUNCILMEN
"Section 7-1: in addition to the circumstances
hereinbefore mentioned terminatinq the term of
office of a Councilman u n -
councilman, Co cilman may §e
removed from office for any cause specified by
a__ �liq�able state law for the removal of -officers,
and by_the method or methods Prescribed therebv.®a