0 chapters · 1,077 sections in this title.
11 O.S. § 25-102 Municipal energy district authority - Trustees
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A. The governing body of a municipality, by ordinance, may establish a municipal energy district authority for the municipality. The authority shall be a public trust as provided for in Sections 176 through 180.3 of Title 60 of the Oklahoma Statutes. B. The authority shall consis…
11 O.S. § 25-103 Trustees’ meetings
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The trustees of a municipal energy district authority shall establish a time and place for regular meetings and may hold special meetings as may be required for the proper transaction of business. Three trustees shall constitute a quorum for the transaction of business and upon a…
11 O.S. § 25-104 Trustees’ powers and duties
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A. The trustees of a municipal energy district authority shall be authorized to: 1. Manage and conduct the business and affairs of the authority; 2. Make and execute all necessary contracts; 3. Secure funding through sources which may include: a. issuance of notes or bonds, b. pu…
11 O.S. § 25-105 Application of act
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A. The Oklahoma Municipal Energy Independence Act shall apply to developed property located within the borders of the municipality on which property taxes are paid and on which the owners of the property are current in the payment of the property taxes. B. The trustees of a munic…
11 O.S. § 25-106 Energy-efficiency audits or retrofits
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A municipal energy district authority may make grants to nonprofit organizations to perform energy-efficiency audits or retrofits on tax-exempt property. Added by Laws 2011, c. 103, § 6, eff. Nov. 1, 2011.
11 O.S. § 25-107 Participation in program - Requirements
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A municipal energy district authority shall require those property owners participating in the program to: 1. Have an energy audit conducted on the property to be improved to demonstrate the value of the project; and 2. Submit proof that the improvements at a minimum meet “Energy…
11 O.S. § 26-101 Authority to purchase and regulate
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A municipal governing body shall have the power to purchase, lay out and regulate cemeteries. The powers over cemeteries which are granted to a municipal governing body in this section include, but are not limited to, cemeteries used or dedicated for interment of animal remains. …
11 O.S. § 26-102 Power to acquire and control land for cemeteries
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A municipal governing body may acquire, by purchase, donation or otherwise, and control lots or parcels of land within and without the limits of the municipality as the governing body deems necessary for cemetery purposes. When lots or parcels are so acquired, the title shall ves…
11 O.S. § 26-103 Conveyance of cemetery lots - Abandoned lots
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A. As used in this section, “lot” means a tract of land as defined in Section 1 of this act. B. Lots in a municipal cemetery shall be conveyed by certificate signed by the mayor and countersigned by the clerk, under the seal of the municipality. The certificate shall show the pri…
11 O.S. § 26-104 Conveyance or devise of lot in trust
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A. As used in this section, “lot” means a tract of land as defined in Section 1 of this act. B. Any burial lot in any cemetery owned by a municipality, or by an association incorporated for cemetery purposes under the laws of Oklahoma, may be conveyed or devised by the owner back…
11 O.S. § 26-105 Rules and ordinances - Penalties and fines
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The governing body may pass rules and ordinances to regulate, protect, and govern the cemetery, the owners of the lots therein, visitors therein, and to punish trespassers therein. The governing body may limit the number of lots which may be owned by one person, corporation or as…
11 O.S. § 26-106 Board of cemetery trustees - Appointment and creation
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Where a cemetery is owned by a municipality, the governing body may provide by ordinance for the creation and appointment of a board of cemetery trustees. The board of cemetery trustees shall consist of three (3) members. The term of each member shall be six (6) years, except tha…
11 O.S. § 26-107 Powers and duties of cemetery trustees
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The board of cemetery trustees shall have charge of and control of the municipal cemetery, and shall be authorized to: 1. Make rules and regulations governing the management, improvement and establishment of the cemetery; 2. Fix the price for which lots shall be sold or for which…
11 O.S. § 26-108 Cemetery expenses and collections
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All monies received by the board of cemetery trustees from the sale of lots or from interments or from any other source shall be paid daily to the municipal treasurer, who shall deposit the same in the municipal treasury. Expenses incurred for the upkeep, repair, and adornment of…
11 O.S. § 26-109 Cemetery Care Fund - Purchase of lands - Investment of
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fund. In all municipally owned cemeteries where lots are sold or charges made for interments, not less than twelve and one-half percent (12.5%) of all monies received from the sale of lots and interments shall be segregated and set aside as a permanent fund to be known as the "Ce…
11 O.S. § 26-110 Reports of the cemetery board of trustees
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The board of cemetery trustees shall, on the first Mondays in January and July of each year, make a full report to the municipal governing body of all lots sold, interments made, and all moneys received and expended by the board in and about the cemetery. Laws 1977, c. 256, § 26-…
11 O.S. § 26-111 Lien on cemetery lots for upkeep charges - Enforcement
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A. Any municipality which owns a cemetery, or any board of cemetery trustees of a cemetery owned by an association incorporated for cemetery purposes under the laws of Oklahoma, shall have a lien on any unused lot when a written contract provides for upkeep payments on such lot a…
11 O.S. § 26-112 Removal of remains to other gravesites - Unmarked
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graves. When the bodily remains of an unknown person are discovered in an unidentified and unmarked grave of a municipally owned and operated cemetery, the remains may be removed to some other gravesite within the cemetery, at the expense of the municipality, if no record exists …
11 O.S. § 26-201 Trusts for special care of specified lots - Perpetual
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care fund - Use. Donations, deposits or bequests may be made in trust for the special care of specified lots, monuments or mausoleums in any cemetery. These funds shall be segregated and set aside as a permanent fund to be known as the "Perpetual Care Fund". A separate account sh…
11 O.S. § 26-202 Trustee of perpetual care fund - Appointment - Duties
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Any municipality which owns a cemetery, or twenty-five of the lot owners in the cemetery, may petition the district court in the county where the cemetery is situated for the appointment of a trustee to be the trustee of the perpetual care fund. The trustee of the fund shall rece…
11 O.S. § 26-203 Perpetual care fund receipts - Cemetery records
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Every trustee of a perpetual care fund shall execute and deliver to the donor a receipt showing the amount of money received, and the use to be made of the net proceeds from the money. The receipts shall be attested by the clerk of the court granting letters of trusteeship and a …
11 O.S. § 26-204 Perpetual care fund loans - Approval
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The perpetual care fund trustee may loan moneys received by him under the direction and with the approval of the court, but only as such loans may be secured by first mortgages upon Oklahoma real estate. No loan shall be made or approved unless it be made to appear to the court t…
11 O.S. § 26-205 Bond and oath of perpetual care fund trustee
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The trustee of the perpetual care fund, before entering on the discharge of his duties or at any time thereafter when required by the court or judge, shall give bond in such amount as may be required by the court, to be approved by the court clerk, conditioned for the faithful di…
11 O.S. § 26-206 Clerk to advise court on sufficiency of trustee's bond
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The court clerk, at the time of filing each receipt as provided in Section 26-203 of this title, shall immediately advise the court or judge as to the amount of the principal fund in the hands of the trustee, the amount of bond filed, and whether or not the bond is good and suffi…
11 O.S. § 26-207 Payment of trustee's expenses
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The trustee of a perpetual care fund shall not be entitled to receive any compensation for services rendered, but may, out of the income received, pay all proper items of expense incurred in the performance of his duties, including cost of bond, if any. Laws 1977, c. 256, § 26-20…
11 O.S. § 26-208 Trustee reports
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Every perpetual care fund trustee shall make a full report to the district court of his doings in the matter of his trusteeship in the months of January and July following his appointment, and in January and July of each successive year. In each of the reports he shall apportion …
11 O.S. § 26-209 Removal or death of trustee
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A perpetual care fund trustee may be removed by the court or judge thereof at any time for cause. In the event of removal or death, the court or judge must appoint a new trustee and require his predecessor or his personal representative to make full accounting for all the propert…
11 O.S. § 27-101 Creation of municipal court not of record
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A municipality may create a Municipal Court, as provided in this article, which shall be a court not of record. This court may be created in addition to a Municipal Criminal Court of Record. References in Sections 27-101 through 27-131 of this title to the municipal court shall m…
11 O.S. § 27-102 Resolution of governing body
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Before a municipal court not of record may be put into operation, the municipal governing body shall determine by resolution that the efficient disposition of cases involving the violation of municipal ordinances necessitates putting the court into operation. The governing body s…
11 O.S. § 27-103 Jurisdiction
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The municipal court shall have original jurisdiction to hear and determine all prosecutions wherein a violation of any ordinance of the municipality where the court is established is charged. Laws 1977, c. 256, § 27-103, eff. July 1, 1978.
11 O.S. § 27-104 Judges
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A. The number of judges for each municipal court shall be determined by the governing body of the municipality where the court is established. The judge of each municipal court shall be appointed by the mayor of the municipality where the court is established, with the consent of…
11 O.S. § 27-105 Prohibition on change of venue - Disqualification of
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judge. A. No change of venue shall be allowed from any municipal court, but the judge of the municipal court may be disqualified under the same terms and conditions as are now provided by law for courts of record. B. In the event of an ethical disqualification by a municipal judg…
11 O.S. § 27-106 Acting judge - Alternate judge - Compensation
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In the event of disqualification of the judge in a particular case, or his absence or inability to act, the mayor of the municipality may appoint some person, qualified as provided in Section 27-104 of this title, as acting municipal judge of the court in the place of the judge d…
11 O.S. § 27-107 Vacancies in office of judge
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Vacancies in the office of the judge of any municipal court shall be filled in the same manner as provided for the appointment of the judge in the first instance. Laws 1977, c. 256, § 27-107, eff. July 1, 1978.
11 O.S. § 27-108 Municipal attorney as prosecutor
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The municipal attorney of each municipality where a municipal court is established may be the prosecutor of the municipal court. The prosecutor shall have full power to prosecute for the violations of any ordinance of the municipality in the municipal court and shall have the pow…
11 O.S. § 27-109 Clerk of court - Duties
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The municipal clerk of any municipality where a municipal court is established, or a designated deputy shall be the clerk of the municipal court unless the governing body establishes or authorizes a position of chief municipal court officer to serve as court clerk. The court cler…
11 O.S. § 27-110 Court marshal - Duties
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The municipal governing body, upon the recommendation of the judge of the municipal court, may designate any appropriate person who is a resident of the municipality to serve as marshal, and in the absence of such a designation, the chief of police or corresponding officer of the…
11 O.S. § 27-111 Bond of clerk and judge - Form
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A. The clerk of each municipal court shall give bond to the governing body of the municipality where the court is established. The bond shall be approved by the governing body and shall be in an amount to be fixed by the governing body. The bond shall be in substance as follows: …
11 O.S. § 27-112 Fees, fines and forfeitures - Dispositions
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All of the fees, fines and forfeitures which come into the municipal court shall be paid by the clerk of the court to the municipal treasurer. The treasurer shall credit such deposits to the fund designated by the municipal governing body. The court clerk shall make a receipt for…
11 O.S. § 27-113 Procedure - Judicial notice of statutes and ordinances
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- Writs and process - Service of arrest warrant. Except as otherwise provided for by law, the code of procedure in the municipal court shall be the same as is provided for by law for the trial of misdemeanors. The court shall take judicial notice of state statutes and the ordinan…
11 O.S. § 27-114 Rules for conduct of court business
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The judge of each municipal court may prescribe rules, consistent with the provisions of this article, for the proper conduct of the business of the municipal court. Laws 1977, c. 256, § 27-114, eff. July 1, 1978.
11 O.S. § 27-115 Prosecutions by verified complaint - Style
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All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. No warrant for arrest shall be issued until the c…
11 O.S. § 27-115.1 Prosecutions by verified complaint - Means of
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verification. Notwithstanding other provisions of law, when a law enforcement officer issues a citation or ticket as the basis for a complaint or information, for an offense against a municipal ordinance which is declared to be a misdemeanor, the citation or ticket shall be prope…
11 O.S. § 27-116 Arraignment - Fines in lieu of appearance
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The arraignment shall be made by the court. The judge or the prosecuting attorney shall read the complaint to the defendant, inform him of his legal rights and of the consequences of conviction, and ask him whether he pleads guilty or not guilty. The municipal governing body by o…
11 O.S. § 27-117 Arrests - Release by signing citation - Bail - Amount
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and conditions - Temporary cash bond. A. If a resident of a municipality served by a municipal court is arrested by a law enforcement officer for the violation of any traffic ordinance for which Section 27-117.1 of this title does not apply, or is arrested for the violation of a …
11 O.S. § 27-117.1 Arrest for misdemeanor traffic violation other than
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parking or standing - Bail. If a resident or nonresident of a municipality having a municipal court is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation, a…
11 O.S. § 27-118 Failure to appear according to terms of bond -
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Forfeiture. A. If, without sufficient excuse, a defendant fails to appear according to the terms or conditions of a bond, given by a bail bondsman as defined in Section 1301 of Title 59 of the Oklahoma Statutes, either for hearing, arraignment, trial, or judgment, or upon any oth…
11 O.S. § 27-119 Jury trials - Qualifications of jurors
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In all prosecutions in the municipal court for any offense for which the municipality, with the concurrence of the court, seeks imposition of a fine of more than Five Hundred Dollars ($500.00), excluding court costs, or imprisonment, or both such fine and imprisonment, a jury tri…
11 O.S. § 27-120 Selection and summons of jurors
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Jurors in the municipal court shall be selected pursuant to this section under the same terms and conditions as are provided for by law for the district courts, or in the alternative, pursuant to Section 18.1 of Title 38 of the Oklahoma Statutes. Upon written request of the judge…
11 O.S. § 27-121 Fees and mileage of jurors and witnesses
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The municipal governing body shall determine by ordinance the fees and mileage that shall be paid to jurors and witnesses in a municipal court. However, no witness fee shall be paid to any police or peace officer. The jury fee and mileage due jurors and witnesses shall be paid as…