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11 O.S. § 1-101 Short title
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This act may be cited as the "Oklahoma Municipal Code." Laws 1977, c. 256, § 1-101, eff. July 1, 1978.
11 O.S. § 1-102 Definitions
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As used in the Oklahoma Municipal Code: 1. "Charter municipality" or "Municipality governed by charter" means any municipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a p…
11 O.S. § 1-103 Saving vested rights
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The provisions of this act shall not in any manner affect the rights, liability or right of action, civil or criminal, for or against any municipality in any action commenced before the effective date of this act. The adoption of this act shall not be construed to repeal or in an…
11 O.S. § 1-110 Municipal employees - Forfeiture of retirement benefits
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A. Any municipal officer or employee upon final conviction of, or pleading guilty or nolo contendere to, a felony for bribery, corruption, forgery or perjury or any other crime related to the duties of his or her office or employment in a state or federal court of competent juris…
11 O.S. § 2-101 Incorporation of a municipality
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A. Any community of people residing in compact form may become incorporated as a town in the manner provided in Sections 3-101 through 3-107 of this title. If the resident population is one thousand (1,000) or more, a town or community of people residing in compact form may becom…
11 O.S. § 2-102 Name of incorporated town or city
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An incorporated municipality may be known as the: 1. "City of _________"; or 2. "Town of _________"; but no municipality which changes its name or incorporates shall adopt the name of an existing municipality in this state. Laws 1977, c. 256, § 2-102, eff. July 1, 1978.
11 O.S. § 2-103 Municipality to be surveyed and platted
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Persons intending to apply for the incorporation of a town or city shall cause a survey and plat to be made of the territory intended to be embraced within its limits. The survey shall be made by a registered land surveyor, and shall set forth the courses and distances of the bou…
11 O.S. § 2-104 Restrictions on territory included in proposed municipality or plat
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A. Except as otherwise provided by subsections B and C of this section, no territory within five (5) miles of the corporate limits of a municipality having a population of more than two hundred thousand (200,000), and no territory within three (3) miles of the corporate limits of…
11 O.S. § 2-105 Division into wards - Number of wards
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Persons intending to apply for incorporation of a municipality shall divide the proposed municipality into the following number of wards, having due regard to the equitable apportionment of the population and the convenience and contiguity of the wards: 1. A town shall be divided…
11 O.S. § 2-106 Incorporation procedure for municipality situated in two or more counties
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If a proposed town or city is situated in two or more counties, the petition for incorporation may be presented to the board of county commissioners of any county in which any part of the proposed municipality is situated. The board shall act upon the petition in the same manner …
11 O.S. § 2-107 Effect of incorporation - Filing - Judicial notice - Challenges
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The order declaring incorporation of a municipality, issued by the board of county commissioners as provided in Sections 3-105, 4- 105 and 5-104 of this title or issued by the town board of trustees as provided in Section 4-103 of this title, shall be recorded in the office of th…
11 O.S. § 3-101 Petition for incorporation of town - Notice - Contents
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A. A petition for incorporation of a town shall be presented to the board of county commissioners of the county in which the proposed town is located, at the time indicated in the notice, as provided for in subsection C of this section, or as soon thereafter as the board can rece…
11 O.S. § 3-102 Hearing on petition - Order of commissioners calling for election on question
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Within thirty (30) days after the petition for incorporation has been presented, the board of county commissioners shall determine, either by affidavit or by oral testimony in a hearing on the petition, whether the requirements for incorporation have been fully complied with. If …
11 O.S. § 3-103 Notice of election
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At least ten (10) days' notice of the election shall be given by the board of county commissioners by publication in a newspaper of general circulation in the proposed town, and by posting a copy of the order in not less than ten (10) of the most public places in the proposed tow…
11 O.S. § 3-104 Conduct of election - Ballots
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The election shall be conducted in accordance with applicable election laws. The registered voters of the proposed town shall vote on the question of incorporation by separate ballot, which shall be substantially in the following form: For incorporation as the town of ___________…
11 O.S. § 3-105 Canvassing returns - Statement of result - Order of incorporation
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The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify the results of the election to the board of county commissioners. If a majority of …
11 O.S. § 3-106 Notice of election of town officers - Fees and expenses
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The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election of town officers. If the town is eligible to come within the provisions of the Oklahoma Town Meeting Act and a majority of th…
11 O.S. § 3-107 Officers to be elected
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The officers to be elected shall be those provided by law applicable to the town board of trustees form of government. These officers shall hold office until the next odd-numbered year, at which time the first regular municipal election shall be held under the town board of trust…
11 O.S. § 4-101 Petition for incorporation of city - Contents
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A petition for incorporation of a city shall be filed with the board of county commissioners of the county in which the proposed city is located. The petition shall: 1. Be in writing; and 2. Be signed by at least thirty-five percent (35%) of the registered voters residing in the …
11 O.S. § 4-102 Order calling for election on question - Notice
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Within thirty (30) days after filing the petition for incorporation of a city, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the proposed city the question of whether or not such town or community of people …
11 O.S. § 4-103 Alternative procedure for incorporated towns
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As an alternative procedure to filing a petition with the board of county commissioners, the board of trustees of an incorporated town, by resolution, may direct the mayor to submit the question of whether or not the town shall become a city to the registered voters of the town a…
11 O.S. § 4-104 Conduct of election - Ballots
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The election on the question of incorporation shall be conducted in accordance with applicable election laws. The registered voters of the proposed city shall vote on the question by separate ballot, which shall be substantially in the following form: Shall the ________ (town, co…
11 O.S. § 4-105 Canvassing returns - Certification of results - Order of incorporation
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The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of county commissioners the results of the election. If a majority of …
11 O.S. § 4-106 Notice of election of city officers - Fees and expenses
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The order of the board of county commissioners shall be submitted to the secretary of the county election board for the purpose of conducting the election. Notice of the election of city officers shall be in the manner provided by law for municipal elections. All expenses for the…
11 O.S. § 4-107 Officers to be elected
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The officers to be elected shall be those provided by the laws governing the statutory form of city government which has been adopted. These officers shall hold office until the next odd- numbered year, at which time the first regular municipal election shall be held in accordanc…
11 O.S. § 5-101 City incorporating as a town - Procedure
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Any city may become an incorporated town. A petition for a city to become an incorporated town shall be filed with the board of county commissioners of the county in which the city is located. The petition shall: 1. Be in writing; and 2. Be signed by at least thirty-five percent …
11 O.S. § 5-102 Order calling for election on question - Notice
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Within thirty (30) days after filing the petition for a city incorporating as a town, the board of county commissioners shall call for an election for the purpose of submitting to the registered voters of the city the question of whether or not such city shall become an incorpora…
11 O.S. § 5-103 Election on city incorporating as town - Ballots
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The election shall be conducted in accordance with applicable election laws. A separate ballot shall be prepared for submitting the question of whether or not the city shall become an incorporated town. The ballot shall be in substantially the following form: Shall the City of __…
11 O.S. § 5-104 Certification of results - Order of incorporation - Notice of election of town officers - Fees and expenses
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The county election board shall canvass the returns of the election. Within five (5) days after the canvass of the returns of the election, the secretary of the county election board shall certify to the board of commissioners the results of the election. If a majority of the vot…
11 O.S. § 5-105 Town officers to be elected
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The officers to be elected shall be those provided by law applicable to the town board of trustees form of government. These officers shall hold office until the next odd-numbered year, at which time the first regular municipal election shall be held under the town board of trust…
11 O.S. § 5-106 Indebtedness assumed by incorporated town
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All indebtedness of any nature, whether resulting from a bond issue or otherwise, shall be assumed by the incorporated town. Laws 1977, c. 256, § 5-106, eff. July 1, 1978.
11 O.S. § 6-101 Proposal for consolidation - Terms and conditions - Approval by governing bodies
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Any two or more municipalities lying adjacent to each other may consolidate and become one municipal corporation. A proposal for consolidation shall be prepared by the governing body of a municipality when: 1. A resolution of the governing body so directs; or 2. A petition signed…
11 O.S. § 6-102 Ballots - Election on question
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The question submitted to the registered voters of each municipality shall be substantially in the following form: Shall the municipalities of ______ and ______ (name of all municipalities to be consolidated) consolidate as the ______ (city or town) of ________ and be operated un…
11 O.S. § 6-103 Record of consolidation
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The order of each municipality declaring consolidation as a municipal corporation shall be recorded in the office of the county clerk in the county in which the situs of the consolidated municipal corporation is located and filed in the office of the Secretary of State and in the…
11 O.S. § 6-104 Property and obligations after consolidation
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All real and personal property belonging to each municipality so consolidated, and all its notes, bonds, obligations, accounts, demands, evidences of debt, rights and franchises, books, records, maps and plats shall become the property of the consolidated municipal corporation. E…
11 O.S. § 7-101 Dissolution of municipality - Application - Notice of election on question
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An application for dissolution of a municipality shall be filed with the governing body of the municipality. The application shall: 1. Be in writing; 2. Set forth the reasons for the request; and 3. Be signed by not less than one-third of the registered voters residing in the mun…
11 O.S. § 7-102 Conduct of election - Results
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Registered voters of the municipality shall vote by ballot "yes" or "no" on the question of dissolution of the municipality. The election shall be conducted in accordance with applicable election laws. If a majority of the votes are in favor of dissolution, and the votes have bee…
11 O.S. § 7-103 Disposition of property - Payment of debts and liabilities - Contract rights
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The property belonging to the dissolved municipality shall be used first to pay its debts and liabilities, and then disposed of in the manner as a majority of the registered voters of the municipality shall direct in a special election on the question of disposition of property. …
11 O.S. § 7-104 Real property owned by municipality at time of dissolution
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If a municipality is the owner in fee simple of real property at the time it is dissolved, and this real property is thereafter brought within the boundaries of another existing incorporated municipality, the fee simple title of this real property will divest from the dissolved m…
11 O.S. § 7-105 Involuntary dissolution - Grounds - Petition in district court
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The district attorney for the county in which the situs of the municipal government is located may petition for involuntary dissolution of a municipality when the government of a municipality ceases to function by reason of the following: 1. General municipal elections have not b…
11 O.S. § 7-106 Involuntary dissolution - Notice of hearing
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Upon the filing of a petition for the involuntary dissolution of a municipality, the district court shall fix a date for a hearing on the request. The date of the hearing shall be not less than thirty (30) days after the date of filing. The district attorney for the county in whi…
11 O.S. § 7-107 Involuntary dissolution - Hearing and order
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Any person owning property in or registered to vote in the municipality may appear at the hearing and give testimony for or against dissolution of the municipality. If the court finds that the government of the municipality has ceased to function because of the reasons listed in …
11 O.S. § 8-101 Qualifications for elected office
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A municipal elected official shall be a resident and a registered voter of the municipality in which he serves, and all councilmembers or trustees from wards shall be actual residents of their respective wards. If an elected official ceases to be a resident of the municipality, h…
11 O.S. § 8-102 Term of office
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Unless otherwise provided for by law, the term of office of an elected municipal official shall be four (4) years. The term of office of an elected official shall begin at 12:00 noon on the second Monday following the general municipal election, and such official shall serve unti…
11 O.S. § 8-103 Oath of office
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Any officer, elected or appointed, before entering upon the duties of his office, shall take and subscribe to the oath or affirmation of office prescribed by the Oklahoma Constitution. The oath or affirmation shall be filed in the office of the municipal clerk. Laws 1977, c. 256,…
11 O.S. § 8-104 Who may administer oaths
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All officers authorized by state law, the mayor, the municipal clerk, the city manager, the municipal judge or judges and such other officers as the municipal governing body may authorize, may administer oaths and affirmations in any matter pertaining to the affairs and governmen…
11 O.S. § 8-105 Certain officers to give bond
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The municipal governing body shall require the municipal treasurer, any officer or employee designated by ordinance to sign municipal warrants or municipal checks, and any other officers and employees as the governing body may designate by ordinance, to give bond for the faithful…
11 O.S. § 8-106 Nepotism - Dual office holding
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No elected or appointed official or other authority of the municipal government shall appoint or elect any person related by affinity or consanguinity within the third degree to any governing body member or to himself or, in the case of a plural authority, to any one of its membe…
11 O.S. § 8-107 Removal of officers
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A municipal elected official may be removed from office for any cause specified by applicable state law for the removal of officers, and by the method or methods prescribed thereby. Laws 1977, c. 256, § 8-107, eff. July 1, 1978.
11 O.S. § 8-108 Absence from governing body meetings
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Whenever a member of the municipal governing body is absent from more than one-half of all meetings of the governing body, regular and special, held within any period of four (4) consecutive months, he shall thereupon cease to hold office. Laws 1977, c. 256, § 8-108, eff. July 1,…