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HomeMy WebLinkAbout166_Codification_See Resolution 50ADOPTION ORDINANCE ORDINANCE NO. 166 AN ORDINANCE ADOPTING AND ENACTING THE "OWASSO CITY CONDE 1973"; COMPILED, REVISED, CODIFIED AND PUBLISHED BY THE AUTHORITY OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: CONTAINING THE PERMANENT AND GENERAL ORDINANCES OF THE CITY; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES OF A PERMANENT AND GENERAL NATURE NOT INCLUDED IN THE CODE; PROVIDING A PENALTY FOR WRONG- FULLY CHARGING OR TAMPERING WITH THE CODE; REGULATING THE BRINGING OF THE CODE UP TO DATE; PROVIDING FOR CERTIFICATION OF COPIES OF THE CODE, AND FOR SALE OF COPIES THEREOF; AND PRESCRIBING THE TIME WHEN THE CODE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF THE CITY OF OWASSO, OKLAHOMA: Sec. 1. Code adopted; when in effect; how cited. (a) The code of ordinances compiled, revised and codified for the City of Owasso, Oklahoma, by The University of Oklahoma, by authority of the mayor and city council of the said city, consisting of chapter 1 through 22, is hereby adopted and enacted for the City of Owasso, Oklahoma, and shall go into effect thirty (30) days after the final passage of this ordinance, at the same time this ordinance goes into effect. (b) The code may be cited as "Owasso City Code 1973", or by other properly identifing designation. When a change or changes have been pre- pared and inserted in the code as provided hereinbelow, the words "as amended" may be added to the above citation or title when referring to the code as amended. The year may be omitted. Sec. 2.Permanent and general ordinances not included, are repealed. All ordinances and parts of ordinances of a permanent and general nature passed prior to April 2, 1973, and in effect as the time the code is adopted but not included in the code, are hereby repealed as of the time when the code goes into effect. Ordinances passed on or after april 2, 1973 shall not be repealed or amended by the adoption of the code of the passage of this ordinance. Sec. 3. Repeal of ordinances not to affect any offense or act done prior to time code goes into effect, ect. The repeal of ordinances and parts of ordinances of a permanent and general nature by the above section of this ordinance shall not affect any offense committed or act done, any penalty of forfeiture incurred, or any contract, right or obligation established prior to the time when said ordinances and parts of ordinances are repealed. Sec. 4. Temporary and/or special ordinances continue in effect, although omitted from the code. The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from the code, shall not be affected by such omission therefrom; and the adoption of the code shall not repeal or amend any such ordinance or part of any such ordinance. among the temporary and/or special ordinances not repealed or amended by the adoption of the code, are the following: ordinances creating, opening, dedicating, vacating, or closing specific streets, alleys and other public ways; naming or changing the names of specific streets and other public ways; establishing ADOPTION ORDINANCE the grades of specific streets and other public ways; authorizing or relating to specific issues of bonds; creating or relating to specific sewer and paving districs and other specific local improvement districts; making special assessments for local improvements; annexing territort to, or excluding perritory from, the city; calling or providing for special election; approving or authorizing specific contracts with the state or with others; authorizing a specific lease, sale or purchase of property; granting rights-of-way or other rights and privileges to specific railroad companies or others; granting a specific public utility or any other person, firm or corporation the right or privilege of constructing lines in the streets and alleys or of otherwise using the streets and alleys; granting a franchise to a specific public utility, or regulating a specific public utility; or amending the zoning map. Sec. 5. Catchlines, headings and titles. Catchlines, headings and titles of sections and other subdivisions in the code adopted by this ordinance or in changes made in the code are inserted for the convenience of users of the code and shall have no legal effect. Sec. 6. Notes inserted for convenience. Notes indicating sources of sections, giving other information, or referring to the statues or to other parts of the code, are inserted in the code, and may be inserted in changes to the code, for the convenience of persons using the code, and shall have no legal effect. Sec. 7. Certified copies of the code. (a)The city clerk shall carefull examine at lease one copty of the code adopted by this ordinance to see that it is a true and correct copy of the code. Similarly, after each change or supplement has been prepared, printed, and inserted in the code, the city clerk shall carefully examine at lease one copy of the code as amended to see that it is a true and correct copy of the code as amended. The city clerk shall then insert a certificate in the front of the said true and correct copy or copies of the code certifying substantially that the copy is a true and correct copy of the code of ordinances of the city including all permanent and general ordinances passed or adopted prior to the date to which the code has been brought up to date and still in effect as of that date. (b) A copy of the code as originally adopted or amended and certified shall constitute the permanent and general ordinances of the city as of the date indicated in the certificate, and shall be so accepted bythe courts of law, administrative tribunals, and other concerned. (c) One copy of the code so certified shall be kept in the office of the city clerk at all times, and may be inspected by any interested personat any time during regular office hours; but may not be removed from the city clerk's office or possession except upon proper order of a court of law. Sec. 8. Permanent and general ordinances passed on and after April 2, 1973. Ordinances and parts of ordinances of a permanent and genal nature passed or adopted on and after April 2, 1973, may be passed or adopted either (1)in the form of amendments to the code of ordinances adopted by this ordinance, or (2) without specific reference to the code. But, in either case, all such ordinances and parts of ordinances shall be deemed amendments to the code; and all of the substantive permanent and general parts of such ordinances and changes made thereby in the code shall be inserted and made in the code whenever authorized or directed by motion, resolution or ordinance of the city council, as provided hereinafter. Sec. 9. Change to be prepared embodying permanent and general ordinances. (a) By contract or by city personnel, a change, or supplement, to the code of ordinances adopted by this ordinance shall be prepared and printed whenever authorized or directed by the city council. A change to the code shall include all sustantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referenum during the period covered by the change and all changes made thereby in the code. The pages of a change shall be so numbered that they will fit properly into the code and, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be up to date to the date to which the code is being brought up to date. (b) When preparing a change, the codifier (meaning in this ordinance the person, agency or organization authorized to prepare the change) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the change, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may -- (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subsections of the code printed in the change, and may make changes in such catchlines, headings and titles; (3) assign appropriate numbers to sections and other subdivisions to be inserted in the code; (4) Change the words "this ordinance" or workds of the same meaning to "This Chapter", "this artice", "this division", ect., as the case may be, or to "sections -- to --" (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and (5) Make other nonsubstantive changes necessart to preserve the original meaning of ordinances sections inserted into the code; but, in to case shall the codifier make any change in the meaning or effect of ordinance material included in the change or already embodied in the code. (c)Each change shall include a new title page for the code; and the title page shall include a notation below the title indicating that the code contains all permanent and general ordinances and parts of ordinances passed prior to the date to which the code is brough up to date and still in effect. The words "as amended" may be added to the title after the year "1973". (d) With prior approval of the city attorney or city council, a change may include new materials in appendices to the code for convenience of persons using the code. (e) Every change shall include an index supplement if needed to index the materials in the change or changes, or a new index to the code. (f) In preparing every change, the codifier shall be subject to the direction and supervision of the city attorey of the city. (g) After every change has been prepared and printed, a numner of copies of the change equal at least to the number of copies of the code still in existence, shall be deposited in the office of the city clerk. The city clerk shall furnish one copy of every change to each holder or by sending the change to the chold by mail or otherwise. Immediately after receiving the copies of a change, the city clerk shall cause the change to be properly inserted and made in all copies of the code still in his possession. Sec 10. Penalty for altering or tampering with code. Any person, firm or corporation who shall alter, change or amend the code of ordinances adopted by this ordinance except in the manner prescribed ] ADOPTION ORDINANCE by this ordinance, or who shall alter or tamper with the code in any manner so as to cause the ordinances ot the city to be misrepresented thereby, is guildy of an offense against the city, and upon conviction thereof, shall be punished by a fine of not more than thirty-five dollars ($35.00). Sec. 11. Sale of copies of the code. The city clerk is hereby authorized and directed to sell copies of the code of ordinances to the public at a price to be determined from time to time by motion or resolution of the city council. Passed and approved November 6, 1973. Mayor, City of Owasso ATEST: City Clerk PROOF OF PUR '"ATION STATE OF OKLAHOMA, TULSA COUNTY, ss- Bill a Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the owasso._Rppqr; pr. . ** ........ , a newspaper printed in the English language, in the City of ' Tulsa ......... , Tulsa County, Oklahoma, %avin*g'a' bona 'fjdepaid general circulation therein, and with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where delivered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was one published in said newspaper for . * consecutive weeks, the first pub�ii'ea'tion' i�i*ng' mop the th.......... . . .......... ... day of .�. ovember 19 Z3 . . . . .. and the last day of publication being on the same ......... day of ............. 19 . . . . . .. and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended by House Bill No. 495, 22nd Legislature, and thereafter, and complies with all of the prescriptions and require- ments of the laws'of Oklahoma. (The advertisement above referred to is a true and printed copy. Said notice was published in all edit' s of said ,,wowsp, e not',in a supplement th .......... ........ Subscribed and sworn to before me by Bill R. etherford, Owasso Re-porter publisher of the . . . . . . m .................... �71 this . I 5thday of PAPA 19-1— fps 0. tary Publi V V My commission expires .8- ?_6-774 ............... PUBLISHER'S FEE $, . 9.3...40 - 1� W ''A.(fy In preparing every change, the codifier shall be subject to the direction and supervision of the city attorney of the city. (g) After every change has been prepared and printed, a number of copies of the change equal at least to the number of copies of the code still in existence, shall be deposited in the office of the city clerk. The city clerk shall furnish one without charge, either on request by the noiaer or uy aeia- ding the change to the holder by mail or otherwise, Im- mediately after receiving the copies of a change, the city clerk shall cause the change to be properly inserted and made in all copies of the code still in his possession. Sec. to. Penalty for altering or tampering with code. Any person, firm or corporation who shall alter, change or amend the code of ordinances adopted by this ordinance thereby, is guilty of an offense against the city, and upon conviction thereof, shall be ;punished by a fine of not more than thirty -five dollars ($35:00). See. 11. Sale of copies of the code. The city clerk is hereby authorized and directed to sell copies of the code of ordinances to the public at a price to be determined from time to time by motion or resolution of the city council. Passed and approved November; 6, 1973. Mayor, City ..also ATTEST: (Seal) Marcia G. Riggs City Clerk