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HomeMy WebLinkAboutORDINANCE NO. 01POWERS AND DUTIES OF BOARD OF TRUESTEES ORDINANCE #1 BOARD OF TRUSTEES--HOW ORGANIZED. The Board of Trustees, shall elect a president from thieir own body, and such president, trustees and all other officers, elected or appointed, shall, within five days after election, or appointment, take and subscribe, before some person authorized to administer the same, the usual oath or affrimation for the faithful performance of the duties of their respective officers. BOARD OF TRUSTEES A BODY CORPORATE. The president and trustees of such town and their successors in office shall constiturte a body politic and corporate, by the name of the "Town of Owasso" and shall be capable in law to prosecute and defend suits to which they are a party. NOTICE OF SPECIAL MEETINGS TO VOTERS. Special meeting of the qualified votes may be called by the clerk by order of the Truestees of said town, by giving ten days notice thereof in a newspaper if any be printed therein, and such notice shall state the object for which each meeting is called. POWERS OF TOWN BOARD OF TRUSTEES. The Board of Trustees shall have the following powers viz: FIRST. To have a common seal and alter the same. SECOND. To purchase, hold or convey any estate, real or personal, for the use of the corporation, so fare as such purchase may be necessary to carry out the objects contemplated by this chapter. THIRD. To organize fire companies, hook and ladder companies; to regulate their government and the times and manner of their exercises; to provide all necessary apparatus for the extinguishment of fires; to make the owners of buildings provide ladders and fire buckets, which are hereby delcared to be appurtenances to the real estate and exempt from execution, seizure or sale; and if the owner shall refuse to procure suitable ladders or fire buckets after suitable notice, the trustees may procure and deliver the same to him; and in default of payment therefore may recover of said owner the value of said ladder or fire buckets, by suire before the justice of the peace of the town, and costs accured thereby; to regulate thte storage of gunpowder and other materials; to direct the construction of a place for the safe deposit of ashes; and they may, under any order by them, entered upon the proper book of the board, visit, or appoint onre or more fire wardens to visitand examine at all reasonable housr, dwelling houses, lots yards, and enclosures and buildings of every description, discover if any of them are in a dangerous condition, and provide proper remedies for such dangers; to regulate the manner of putting up stoves and stove pipes; to prevent out-fires and the use of fireworks and the discharge of firearms within the limits of said corporation or such parts thereof as they think proper; to compel the inhabitants of such town to aid in the extinguishment of fire and prevent itrs communication to other buildings, under such penalties as are herein provided; to construct regulate the use thereof; and generally to establish other measures of prudence fore the prevention or extinguishment of fires as they shall deem proper. FOURTH. To declare what shall constitute a nuisance and to prevent, abate and remove the sa e and take such other measures for the preservation of the public health as they shall deem necessary. FIFTH. To restrain from running at large cattle, swine or other animals. SIXTH. To restrain and prohibit gambling and other disorderly conduct; to supress and prohibit the keeping of houses of ill-fame; and to authorize the seizure and destruction of gambling apparatus. SEVENTH. to establish and regulate markets, and build market houses, and direct the location of slaughter houses. EIGHT. To lay out, open, grade and otherwise improve streets, alleys, sewers, sidewalks and crossings and to keep them in repair and to vacate same. NINTH. To appoint street commissioners, and also fire wardens, not exceeding three. TENTH. To prohibit incumbrance of the sidewalks of the said town, and riding or driving thereon, except to cross the same. ELEVENTH. To provide means for keeping and preserving the peace and quietness of such town. TWELFTH. To insure the public property of such town. THIRTEENTH. To plant trees upon public grounds and along the streets of such town, and provide for their sulture and preservation, and to enclose any public square or public ground within said corporation. FOURTEENTH. To purchase, lay out and regulate cemeteries. FIFTEENTH. To provide for annual taxes. SIXTEENTH. To Levy and collect annually a tax of one dollar on each male dog and two dollars on each female dog owned and kept within such town; also to levy and collect one dollar poll tax on all male able bodied residents of the town, over twenty-one and under fifty years of age. SEVENTEENTH. To make and establish such by-laws, ordinances and regulations, not repugnant to the laws of this State, as may be necessary to carry into effect the provisions of this chapter, and to repeal, alter or amend the same as they shall deem to the Board of Trustees of such town to require; but every by-law, ordinances or retulations, unless in case of emergency, shall be published in a newspaper of such town, if one be printed therein, or posted in five public places, at least ten days before the same shall take effect. EIGHTEENTH. To enact fines, penalties and forfeitures for violation of this chapter, or of any by-law or ordinance by them established, not exceeding twenty-five dollars for any one offense, which may be recovered by action, in the name of the corporation; but such Board may remit the whole or any part of the fine, penalty or forfeiture: PROVIDED, that the fine asses for the violation f any ordiance requiring a license shall not be less than the amount required to be paid for such license, although it may exceed the sum of twenty-five dollars; PROVIDED, further that such penalty or fine shall not exceed the penalty or fine provided by the statutes of the State for like offenses. NINETEENTH. To authorize the construction and maintance of street railways, water mains, and water pipes and gas mains and gas pipes, electric lights and telephone wires along or through the streets and alleys within the corporate limits, and to grant rights and franchises to persons, associations or corporations for such purposes under the provisions of 5a and 5b of Article 18 of the Constitution; but no exclusive right shall be granted for any such purposes. The streets may be granted on the same terms to all companies desiring to competewith each other in the business of furnishing gas, electricity, telephone accomdations, electric lights, water or street railway accommodations, and all shall be subject to reasonable regulations by ordinance, which ordinance may be changed at the pleasure of the council. OCCUPATION TAX. The Board of Trustees shall have authority to levy and collect a license tax on auctioneers, contractors, druggists, hawkers, peddlers, brokers, bankers, pawnbrokers, merchants of all kinds, grocers, confectioners, restaurants, butchers, tavers, public boarding houses, billiard and pool tables, bowling alleys, drays, hacks, carriages, omnibuses, carts, wagons and all other vehicles used in the town or village for pay; hay scales, lumber dealers, furniture dealers, saddle and harness dealers, jewelers, livery stables keepers, real estate agents, express companies or agencies, life or fire insurance companies or agencies, shows, theatres, all exhibitions for pay, doctors, dentists, blacksmits, all manufacturing establishments, cotton gins, mills and elevators, plumbers and tinners: PROVIDED, however, that all scientific and literary lecturers' entertainement shall be exempt from taxation, and also all concerts and musical or other entertainments given exclusively by citizens of the town. The tax so levied and collected therefrom shall be applied for the use and benefit of such town as may be directed by the Board of Trustees thereof. JURISDICTION OVER PUBLIC GROUNDS AND STR AMS. The trustees shall have jurisdiction over any commons or public grounds belonging to said town, and shall have power to regulate, with the consent of the majority of the owners thereof, the banks, shores and wharves of that portion of any navigable streams within the corporate limits, but no ferries heretofore or which may hereafter be established by law shall be prejudiced or in any manner affected by the prvisions of this chapter. APPROPRIATION OF MONEYS. All moneys, however derived, belonging to such corporation shall only be appropriated for such objects and defraying such expenses as accrue to necessarily arise in the excercise of paoers granted by this chapter. No appropriation shall be made without an order to that effect entered upon a proper book to be kept for that purpose by such board. ACCOUNTS MUST BE AUDITED. No account or claim against said town shall be audited or allowed by the Board of Trustees unless it be made out fully and itemized, and every such account audited shall be numbered from one upwards in the order they were presented and a meorandum of the same entered upon a book to be kept exclusively for that purpose. PAYMENT OF ACCOUNTYS. No accounty or claim shall be paid unless audited and allowed by the Board as aforesaid, and no moneys shall be drawn from the treasury except upon a warrant from the treasurer signed by the president of said town and attested by the clerk thereof. CERTAIN OFFICERS TO GIVE BOND. The clerk, assessor, treasurer, marshal and justice of the peace shall within ten days after their election or appointment each and severally give bonds payable to the town, with free- hold sureties, to such an amount as the Board of Trustees shall diect; but the nonds of the treasurer and marshal shall respectivly be for double the amount of the estimated tax duplicate for the current year. 3. BOOKS TO BE DELIVERED TO SUCCESSOR. All books, vouchers, moneys or other property belonging to the corporation and in charge or possession of any officer of the same shall be delivered to his successor when qualified. DUTIES OF TOWN TREASURER. The Treasurer of every incorporated town shall so keep his accounts as to show where and from what sources all moneys paid him have been derived, and to whom and when such moneys or any part thereof have been paid. The treasurer shall grant all licenses authorized by this article upon the presentation of the receipt of the marshal that the money therefore has been paid to said marshal. His books, accountys and vouchers shall at all times be subject to the examination of the Board of Trustees, and it is hereby made their duty to examine the same at a regular meeting of such board on some day between the first and last Monday of April in each year, and have settlement with the said treasurer. PUBLICATION OF TREASURER'S REPORT. It shall be the duty of the Board of Trustees immediately after the annual settlement with the treasurer of the corporation to publish in a newspaper in one be printed therein, or if there be no newspaper then by posting in three or more public places, an exhibit of the receipts and expenditures specifying the sources of such receipts, what appropriations were made, for what objects, and the specific amount of each. DUTIES OF TOWN CLERK. The clerk of such town shall have the custody of the records, books and papers of the Board of Trustees and shall attend all meetings and record the prceedings of said Board, and shall perform all other duties appertaining to his office, as required of him by the by-laws. TOWN MARSHAL. The marshal of such town shall be a peace officer and shall possess the powers and be subject to the liabilities prossessed and conferred by law upon sheriffs in executing the orders of the Trustees or enforcing the by-laws and ordinances of said town. TRUSTEES TO SUPERINTEND GRADING, ECT. The Board of Trustees shall superintend the grading, paving and improving of streets and the building andrepairing of sidewalks. FIRE WARDENS -- DUTIES OF. The fire wardens shall attend all fires and give their personal superintendence to extinguish the same, and do all other acts required by the by-laws, and obey all orders given by the board of Trustees in relation to the fire department. Trustees shall by virtue of their office be fire wardens. COMPENSATION OF TOWN OFFICERS. The Trustees, clerk, treasurer, marshal and justice of the peace shall respectively receive for their services such compensation as the Board of Trustees in their by-laws may decide; and said Board shall cause to be apid other officers of such town for their services a just and reasonable compensation. ORDINANCES, RESOLUTIONS ANDRECORDS PUBLIC NOTICE. All ordinances, resolutions and records of any town, in matters pertaining to the subject of this article, shall be deemed public notice, ad the records thereof, the journals of said town, shall be full, complete and sufficient notice of their proceedings therein, without the prosting, publication or personal service of any notice herein required, and all special assessments shall be considered and held as general assessments for all purposes in the collection thereof. 4. PURCHASE ORDERS. County and municipal Officers and board of commiss- ionars having authority to purchase supplies, material and equipment and let contracts for public work, shall submit all purchase orders and contracts for public works, shall submit all purchase orders and contracts to the officer charged with keeping the appropriation and expenditure records of the county or municipality who shall, if there be an unencumbered balance in the appropriation made for that purpose contract; PROVIDED, that no purchase order or contract shall be valid unless within the appropriation as made for that particular and specific purpose and so certified by the officer charged with keeping the appropriation and expenditure records of the counrt or municipality. PROVIDED FURTHER, that the provisions hereof shall not be constyrued to relieve the excise board of its duty to make a sufficient appropriation to pay for the printing and publication of the county commissioners proceedings, the financial estimates of the county and townships, the cost and publication of the person tax assessment list, delinquent personal tax list, the list of the sale of real property for delinquent taxes, and notice of re-sale of real estate for delinquent taxes. COSTS -- CHARGED AGAINST APPRPRIATIONS. The cost of all supplies, material and equipment and the contract orice of all public work shall be charged against the appropriation as made by the excise board at the time purchase is made or contract let, and no contract shall be made for the purchase of supplies, materials, equipment or maintenance for any department of county or municipal government during the fiscal year in excess of the estimate and levy as made by the excise board. CLERK -- RECORDS -- UNENCUMBERED BALANCE. The Clerk of each county or municipality in the State of Oklahoma shall keep a record in which shall be kept an exact account showing the purpose and amount of each appropriation as made by the excise board for the maintenance and operation of the respective county and municipal departments of government. The amount and purpose of each purchase order or requisition filed and certified for payment shall be charged against the appropriation as made by the excise board at the time purchase is made or contract let, and the balance in the appropriation account after such charges are deducted shall constitute the unencumbered balance available. CLAIMS -- APPROVAL BEFORE PAYMENT. No claim shall be paid from appropriation made for the maintenance of any county or other municipal subdivision, until approved by the officer, board or commission having charge of the office or department for the maintenance of which the appropriation is available, and from which such payment is proposed to be made. PURCHASES -- RESPONSIBLE ON BONDS -- CONSTRUCTION OF PROVISIONS. The purchase of supplies, equipment, printing and sundry maintenance for the several county and municipal officers shall be made by the officer for whose office or department the appropriation is made available by the excise board; PROVIDED, that no indebtedness, claim or obligation for any purpose or on any account shall be incurred in excess of the appropriation as made for the particular or specified purpose; PROVIDED, however, that the county and municipal officers referred to herein are hereby made responsible on their official bond for any and all purchases of supplies, equipment, printing and sundry maintenances for their respective offices. PROVIDED, further, the prvisions of thie Section shall not be so construed as to prevent the carrying into effect the provisions of any law imposing a mandatory duty on any public official. INDEBTEDNESS -- EXCESSIVE -- PENALTY FOR OFFICER INCURRING. Any County or municipal officer who shall incur any indebtdness, claim or obligation for any purpose or on any acounty in excess of the appropriation available therefore shall forfeit, and be removed from office in the manner provision by law for wilful maladministration. Chapter 32 Session Laws 1931. 5.