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HomeMy WebLinkAbout332_Enacting City Code_Code of OrdinancesADOPTING ORDINANCE No. 332 AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA: PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREAFTER PROVIDED; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; PROVIDING FOR SALE AND COPIES IN TI-E CLERK'S OFFICE; PROVIDING FOR SUPPLEMENTS OR CHANGES TO CODE; AND DECLARING AN EMERGENCY: . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: SECTION I TITLE. A code and revision of the ordinances of the City of Owasso is hereby adopted as the 'Code of Ordinances, City of Owasso, Oklahoma;' or by any other properly identifying designation. SECTION 2 CODE SUPERSEDES OTHER ORDINANCES. This code shall be treated and considered as a new and comprehensive ordinance of the city which shall supersede all other general and permanent ordinances enacted by the council prior to April I, 1984, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose. SECTION 3 EFFECTIVE DATE OF CODE, REPEAL. All provisions of this code shall be in full force and effect from the date this ordinance becomes law. All ordinances of a general and permanent nature of the city in effect on or before April I, 1984, and not in the code or recognized and continued in force by reference herein and which are in conflict herewith, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. SECTION 4 ORDINANCES NOT REPEALED. The repeal provided for in Section 3 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall the repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; nor shall the repeal affect the administrative regulations or resolution of the city council not in conflict or inconsistent with the provisions of the code; nor shall the repeal affect any right or franchise granted by any ordinance or resolution of the city council to any person, firm or corporation; nor shall the repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, vacating, etc., any street or public way in the city; nor shall the repeal affect any annual budget or salary ordinance; nor shall the repeal affect any ordinance levying or imposing taxes; nor shall the repeal affect any ordinance establishing and prescribing the street grades of any street in the city; nor shall the repeal affect any ordinance providing for local improvements and assessing charges therefor; nor shall the repeal affect any ordinance extending the limits of the city; nor shall the repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. 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. SECTION 5 CODE NOT NEW ENACTMENT. The provisions appearing in this code, so for as they are the some as those ordinances existing at the time of the effective date of this code, sholI be considered as continuations thereof and not as new enactments. SECTION 6 ORDINANCES ADOPTED AFTER EFFECTIVE DATE OF CODE. Ordinances and parts of ordinances of a permanent and general nature passed or adopted on and after the effective date of this code may be passed or adopted either: I. In the form of amendments to the code of ordinances adopted by this ordinance; or 2. Without specific reference to the code. In either case, all such ordinances and parts of ordinances shall be deemed amendments to the code. 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 council, as provided herei naf ter. SECTION 7 SUPPLEMENTS TO CODE. By contract or by city personnel, a change, or supplement, to the code of ordinances adopted by this ordinance shall I be prepared and printed whenever authorized or directed by the city council. A change to the code shall include all substantive permanent and general parts of ordinances passed by the council or adopted by initiative and referendum 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 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. 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 brought up to date and still in effect. The words "as amended" and the date, may be added to the title after the year. 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, if possible, shall notify each holder of a copy of the original code about the availability of the change or supplement. SECTION 8 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 determined from time to time by motion or resolution of the city council. SECTION 9 COPY OF CODE IN CLERK'S OFFICE. A copy of the current code as amended or supplemented from time to time shall be kept on file in the office of the city clerk. This copy of the code shall be available for all persons desiring to examine it; it shall be certified by the city clerk as may be re qui red. SECTION 10 PREPARATION OF CODE. The code of ordinances hereby adopted was prepared by the Oklahoma Municipal League and consists of Seventeen (17) Parts, all of which have been examined, considered and approved by the council of the City of Owasso and adopted by compliance with Sections 14 -109 et seq. of Title I I of the Oklahoma Statutes. SECTION I I EMERGENCY. Reference being made to "Section 3" hereinbefore set out, it is immediately necessary for the preservation of the peace, health and safety of the city and the inhabitants thereof, that the provisions of this code not heretofore enacted be put into full force and effect, an emergency is hereby declared to exist, by reason whereof this ordinance shall take effect and be in full force from and after its passage, as provided by law. YEAS: Mr, Spencer, Mr. Smalley, Mr, Stockler; Mrs. Webb NAYS: None ABSTAINS: Mrs. Gross ABSENT: None Passed and approved in the council meeting this 20th day of March ,1984. Mayor Emergency Clause passed this 20th day of March ,1984. YEAS: Mr. Spencer, Mr NAYS: None ABSTAINS: Mrs. Gross ABSENT: None ATTEST: (Seal) Clerk Smalley, Mr. Stockler; Mrs. Webb Mayor RESOLUTION NO. 84-05 A RESOLUTION DIRECTING FILING AND NOTIFICATION OF THE PUBLICA- TION OF THE OWASSO CITY CODE. WHEREAS, the City of Owasso has contracted with the Oklahoma Municipal League municipal code service to prepare the city's Code of Ordinances containing all ordinances adopted by the city to April I, 1984; and WHEREAS, the city is required to publish its code of compiled penal ordinances and to deposit a copy of the code with the county law library and two copies with the clerk of the Supreme Court pursuant to Sections 14 -109 and 14 -110 of Title II of the Oklahoma Statutes; and WHEREAS, the city is required to adopt a resolution notifying the public of the publication of its code pursuant to Section 14-110 of Title I I of the Oklahoma Statutes and to file a copy of the resolution in the office of the county clerk and in the office of the Supreme Court; and WHEREAS, the city is required, pursuant to Sections 14 -107 (A) and 14 -108 of Title I I of the Oklahoma Statutes, to make legal publication by publishing the titles and G condensed gist or summary thereof of said Code; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF O WASSO: THAT the public is hereby notified of the publication of the Code of Ordinances and that copies of the code are available for review in the office of the city clerk; and THAT the code consists of seventeen titles, listed hereinafter: I. General Provisions; 2. Administration and Government; 3. Alcoholic Beverages; 4. Animals; 5. Building Regulations and Codes; 6. Court; 7. Finance and Taxation; 8. Health and Sanitation; 9. Licensing and Business Regulations; 10. Offenses and Crimes; 11. Parks, Recreation and Cultural Affairs; 12. Planning, Zoning and Development; 13. Public Safety; 14. Streets and Public Works; 15. Traffic and Vehicles; 16. Transportation; and 17. Utilities. THAT the city clerk shall cause to be filed one copy of this resolution with the office of the county clerk of Tulsa County; and THAT the city clerk shall cause one copy of this resolution and one copy of the code to be filed with the Law Library of Tulsa County; and THAT the city clerk shall cause to be filed one copy of this resolution and two (2) copies of the Code of Ordinances with the office of the clerk of the Supreme Court of the State of Oklahoma; and THAT the clerk shall keep at least three (3) copies of the Owasso Code of Ordinances in the office of the city clerk for public use, inspection and examination. ADOPTED this 20th day of March, 1984, by the City Council of the City of Owasso. Mayor ATTEST: (Seal) Affidavit Of Publicatftf STATE OF OKLAHOMA, TULSA COUNTY, Ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is publisher of the Owasso Reporter a weekly newspaper printed in the City of Tulsa, Tulsa County, Oklahoma, a newspaper qualified to Publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: March 22 1984 Subscribed and sworn to before me this. 22d day of March Notary public My commission expires: PUBLISHER'S FEE $136.56 iW ASSO REPORTER, THURSDAY, MARCH 22,1989, PAGE 13 - . Published in the Owasso Reporter, Pealed by this Ordinance. The contim- Owasso, Tulsa County, Oklahoma, once in effect of temporary and/or March22,1984 special o dross a and parts of ordip nances, although omndted from the ADOPTING ORDINANCE No. 332 code. shall not be affected by such AN ORDINANCE .ADOPTING ommission therefrom; and the adop- AND ENACTING A CODE OF tion of the code shall not repeal or ORDINANCES OF THE CITY amend any such ordinance or part of OF OWASSO, OKLAHOMA: anysuchordlnance. PROVIDING FOR THE RE- SECTIONS PEAL OF CERTAIN ORDI- CODE NOTNEW ENACTMENT NANCES NOT INCLUDED The provisions appearing in this THEREIN, EXCEPT AS code, so far m they are the same as HEREAFTER PROVIDED; those ordinances existing at the time PROVIDING WHEN THIS OR. of the effective date of this code, shall DINANCE SHALL BECOME be considered as continuations thereof EFFECTIVE; PROVIDING andnotasnewmactmenta. FOR SALE AND COPIES IN SECTION THE CLERK'S OFFICE; ORDINANCES ADOPTED AFTER PROVIDING FOR SUPPLE- EFFECTIVE DATE OF CODE MENTS OR CHANGES TO Ordman— and Parts of ordinances CODE; AND DECLARING AN of a Permanent and general nature EMERGENCY: Passed or adopted on and after the HE IT ORDAINED By THE CITY effective date of this code may be COUNCIL OF THE CITY OF passed or adopted either: OWASSO, OKLAHOMA: I. In the form of amendments to the SECTION 1 code of ordinances adopted by this TITLE ordinance; or ' A code and revision of the ordi- 2. Without specific reference to the Minces of the City of Owasso is hereby code. adopted as the "Code of Ordinances, In either case, at such ordamm, City of Owasso, Oklahoma,•' or by any and Parts of Ordinances shall be other properly identifying designs- deemed amendments to the code. All tion. of the substantive Permanent and SECTION general parts of each ordinances and CODESUPERSUEDES changes made thereby in the code, OTHER ORDINANCES shall be inserted and made in the code This code shat be treated and con- whenever authorized or directed by sidered as a new and comprehensive motion, resolution or ordinance of the Ordinance of the city which shall council, M Provided hereinafter. supersede all other general and per. SECT70N7 manent ordinances enacted by the SUPPLEMENT'S TO CODE council prior to April 1, 1984, except By contract or by city Personnel, a such as by reference thereto are change, or supplement, to the code of expressly saved from repeal or con. ordinances adopted by this Ordinance tined in force and effect for any shall be prepared and printed purpose whenever authorized or directed by SECTION 3 the city council. A change to the code EFFECTIVE DATE shat include 811 substantive perms. OF CODE, REPEAL lent and general parts of ordiumm All provisions of this code shall be in Passed by the comer or adopted by fat force and effect from the date this initiative and referendum during the ordinance becomes law. All ordi. Period covered by the change and all nines of a general and permanent changes made thereby in the code, nature of the city in effect m or before The Pages Of a change shat be so April 1, 1984, and not in the code or numbered that they will fit properly recognized and continued in force by into the code and, where necessary, reference herein and which are in replace pages which have become conflict herewith, are hereby repealed Obsolete or Partially obsolete, and new from and after the effective date of Pages shat be so Prepared that, when this ordinance, except as hereinafter Obey have been Inserted, the code will provided. be up to date to the date to which the SECTION 4 code is being brought up to date. Each ORDINANCES NOT REPEALED change shell include a new tits page The repeal provided for in Section 3 for the code; and the title page shall hereof shat not affect any offense or include a notation below the title act mmmited or done or any penalty indicating that the code contains all or forfeiture incurred or any contract Permanent and general ordinances Or right established or aanving before and parts of ordinances passed prior the effective date of this ordinance; to the date to which the code is brought nor shall the repeal affect any Or i- UP to date and still in effect. The words nanoe or resolution promising or "as amended" and the date, may be guaranteeing the Payment of money added to the title after the year. After for the city or authorizing the issuance every change has been prepared and Of any bonds of the city Or any printed, a number of copies of the evidence of the city's indebtedness, or change equal at least to the number of MY contract or obligation assumed by copies of the code still in existence, the city; nor shall the repeal affect the shall be deposited in the office of the administrative regulations or resolu- city clerk. The city clerk, if possible, lion Ofthecitycomcilnotin conflicts, shall notify each holder of a copy of the inconsistent with the provisions of the orginsl code about the availability of code; nor shall the repeal affect any the change or supplement. right or franchise granted by any SECTION ordinance or resolution of the city SALE OF COPIES council to any person, firm or cor- OFTHECODE poration; nor shall the repeal affect The city clerk is hereby authorized MY ordinance dedicating, naming, and directed to sell copies of the code establishing, locating, relocating, inan of Ordinances to the public at a price opening, vacating, etc., any street or determined from time to time by public way in the city; nor shat the motion or resolution of the city repeal affect any annual budget or council. salary ordinance; nor shat the repeal SECTION affect any ordinance levying or impos- COPY OF CODE ing taxes; nor shall the repeal affect INCLERK'SOFFICE MY Ordinance establishing and pre- A copy of the current code as scribing the street grades of any street amended or supplemented from time in the city; nor shall to repeal affect to time shat be kept on file in the My ordinance providing for local inn- Office of the city clerk. This copy of the provements and assessing charges code shat be available far all persons therefor; nor shell the repeal affect dBsuring to examine it; it shat be anY ordinance extending the limits of certified by the city clerk as may be the city; nor shall the repeal be required. construed to revive any ordinance or SECTION Ill Part thereof that has been repealed by a subsequent ordinance which ts re- PREPARATION OF CODE The code of ordinances hereby adopted was prepared by the Oklaho- ma Municipal League and consists of Seventeen (17) Parts, all of which have been examined, considered and approved by the council of the City of Owasso and adopted by compliance with Sections 19-109 at seq. of Title 11 of the Oklahoma Statutes. SECTION II EMERGENCY Reference being made to "Section 3" herembefore set out, it is imme& ately necessary for the preservation of the peace, health and safety of the city and the inhabitants thereof, that the provisions of this code not heretofore enacted be put into full force and effect, an emergency is hereby de- clared to east, by reason whereof this ordinance shall take effect and be in full force from and after its passage, an provided by law. YEAS: Mr. Spencer, Mr. Smalley, Mr. Steckler, Mrs. Webb NAYS: Now ABSTAINFS: Mrs. Gross ABSENT: None Passed and approved in the council meetmgthis 20th day of March, 1984. Boyd M. Spencer Mayor A77EST: (SEAL) Am Hendrickson City Clerk RoialdD. Cates City Attorney Emergency Clause passed this 20th day of March, 1989. YEAS: Mr. Spenser, Mr. Smalley, Mr. Stockler, Mrs. Webb NAYS: None ABSTAINS: Mrs. Gross ABSENT: None Boyd M. Spencer Mayor ATTEST: (SEAL) Am Hendrickson Clerk