The Del City News (Oklahoma City, Okla.), Vol. 11, No. 8, Ed. 1 Friday, December 19, 1958 Page: 3 of 8
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1
LEGAL 110TICE
Published in The Del City News December 5 December
12 and December 19 1958
CHARTER OF THE
CITY OF DEL CITY OKLAHOMA
PREAMBLE
We the people of the City of Del City exercising
the powers of home rule granted to us by the Constitu-
tion and laws of the State of Oklahoma in order to pro-
vide for more efficient adequate and economical govern-
ment do hereby ordain ratify and establish this Charter
of the City of Del City Oklahoma
ARTICLE
INCORPORATION FORM OF GOVERNMENT POWERS
Incorporation Annexation Merging
Section I When this charter goes into effect the
Town of Del City Oklahoma shall become a city and
within the corporate limits as now established or as here-
after may be established shall be a municipal body
politic and corporate in perpetuity under the name of
the "City of Del City Oklahoma" The city shall be the
legal successor of the town and as such it shall succeed
to and possess all the property and rights belonging to
the town and shall be liable for all debts and other ob-
ligations for which the town is legally bound at the time
of the succession in government
The City of Del City Oklahoma may not be annexed
by any other city or be merged into a combined county-
city government unless a majority of the qualified elect-
ors of the City of Del City voting on the question at an
election approve such annexation or merging
Form of Government
Section 2 The municipal government provided by this
charter shall be known as the "council-manager govern-
ment" All powers of the city shall be exercised in the
manner prescribed by this charter or if the manner is
not thus prescribed then in such manner as the council
may prescribe
Powers of the City
Section 3 The city shall have all powers functions
rights privileges franchises and immunities granted to
cities by the state constitution and law and all the
implied powers necessary to carry into execution all the
powers granted Except as prohibited by the state con-
stitution and law the city shall have all municipal pow-
ers functions rights privileges franchises and immuni-
ties of every name and nature whatsoever
The city shall have power to adopt a corporate seal
and to alter it at pleasure to sue and to be sued and
to make contracts It shall have power to acquire prop-
erty within or without its corporate limits for any city
nose including public utilities works and ways in fe
imple or any lesser interest or estate by purchase gift
devise lease condemnation or other legal means and to
hold maintain improve enlarge manage control oper-
ate lease sell convey or otherwise dispose of such
property as its interests may require including public
utilities works and ways It shall have power to issue
bonds in the manner and within the limitations prescrib-
ed by the state constitution and law It shall have power
within the limits prescribed by the state constitution and
law to accept and administer federal and state grants-in-aid
and to do everything necessary to accomplish the pur-
pose or purposes for which such grants may be made It
shall have power to ordain and to enforce local legisla-
tion consistent with the state constitution and law for
the proper organization and functioning of the city gov-
ernment for the preservation and enforcement of good
government and order for the protection of health life
morals and property for the prevention summary abate-
ment and removal of nuisances and otherwise for the
nromotion of the common welfare It shall have power
to grant extend and renew franchises in accordance with
the state constitution and law
The enumeration of particular powers by this charter
shall not be deemed to be exclusive or limiting and in
addition to the powers enumerated herein or implied
hereby the city shall have all powers which under the
state constitution and law it would be competent for
this charter specifically to enumerate
Provisions of state law relating to matters which may
hi' regulated by cities operating under charters shall be
in effect only insofar oF they are applicable and are not
un-rseded by this charter or by ordinance
ARTICLE
THE COUNCIL
Councilmen: Number Qualifications
Section 4 There shall be a council of five members
which shall consist of the mayor as ex officio councilman
at large and one councilman from each of the four wards
of the city as the wards are constituted in this charter
or as they may hereafter be constituted by ordinance
Only qualified electors of the municipality who have
resided in the town andor city or in territory annexed
thereto for at least one year immediately prior to the
closing of the filing period or hig election by the council
to fill a vacancy shall be qualified for the office of may-
or or councilman Councilmen shall also reside within
their respective wards at the time of their election Re-
moval of a councilman from one ward or precinct to
another within the city after his election shall not dis-
qualify him from completing the term for which he was
elected Neither the mayor nor any other councilman
may be appointed to any office or position in the city
government by the city manager provided that if the
mayor or a councilman is already in a volunteer service
of thA municipality before becoming mayor or council-
man he may continue therein
Mayor and Vice Mayor
Section 5 The mayor shall preside at meetings of the
council and shall certify to the correct enrollment of all
ordinances and resolutions passed by it He shall be
recognized as head of the city government for all cere-
monial purposes and by the governor for purposes of
military law As councilman at large he shall have all
powers rights privileges duties and responsibilities of
councilmen including the right to vote on questions He
shall have no regular administrative duties except that
he shall sign such written obligations of the city as the
council may require If a acancy occur in th office of
mayor the council shall elect a qualified elector of the
city to may or may not already be a councilman at the
time to be mayor for completion of the unexpired term
At the first meeting after the time prescribed for the
b?ginning of the terms of newly elected councilmen or
as soon thereafter as practicable the council shall elect
one of its members vice mayor who shall serve as such
until the next such first meeting The vice mayor shall
a-1 as mayor during the absence or disability of the
mayor or if a vacancy occur in the office of mayor until
another mayor is elected by the council and qualifies
If the office of vice mayor becomes vacant the council
shall elect from its members another vice mayor for
completion of the unexpired term
Councilmen: Compensation
Section 6 Neither the mayor nor any other council-
man may receive any compensation as mayor or council-
man nor for any other service rendered the city other
than expenses provided that if he is already receiving
compensation for a volunteer service before becoming
mayor or councilman he may continue to receive such
compensation but at no increase in rate while he is
or or or councilman
Council: Powers
Section 7 Except as otherwise provided in this chart-
er all powers of the city including the determination of
all matters of policy shall be vested in the council With-
Out limitation of the foregoing the council may:
(I) Appoint and remove the city manager as pro-
vided in this charter
(2) By ordinance enact municipal legislation
(3) Raise revenue and make appropriations regulate
bond elections the issuance of bonds sinking funds the
refunding of indebtedness salaries and wages and all
other fiscal affairs of the city subject to the provisions
of the state constitution and law and this charter
(4) Establish or adopt a pension retirement andor
social security system or systems for any or all groups of
the officers and employees in the service of the city
either alone or in cooperation with the state or federal
government or both
(5) Inquire into the conduct of any office department
or agency of the city and investigate municipal affairs
(6) Appoint or elect and remove its own subordinates
the members of the civil service commission the mem-
bers of the planning commission the members of the
board of adjustment and other quasi-legislative quasi-
judicial or advisory officers and authorities now or when
and if established or prescribe the method of appointing
or electing and removing them
(7) Grant pardons for violations of ordinances includ-
ing the remission of fines and costs upon the recommen-
dation of the municipal judge
(8) Regulate elections the initiative and referendum
and recall within the limits prescribed by the state con-
stitution and law and this charter
(9) Regulate the organization powers duties and func-
tions of the municipal court and of the minor violations
bureau when and if established within the limits pre-
scribed by the state constitution and law and this chart
er
(10) Create change and abolish all offices depart-
ments and agencies of the city other than the offices
departments and agencies created by this charter and
assign additional powers duties and functions to offices
departments and agencies created by this charter
Council not to Interfere in Appointments and Removals
Section 8 Neither the council the mayor nor any of
its other members may direct request or recommend the
appointment of any person to or his removal from office
or employment by the city manager or by any other auth-
ority or except as provided in this charter participate
in any manner in the appointment or removal of officers
and emnloyees of the city Except for the purpose of in-
quiry the council the mayor and its other members shall
deal with the administrative service solely throrigh the
city manager and neither the council the mayor nor
any other member thereof may give orders on adminis-
trative matters to any subordinate of the city manager
either publicly or privately
City Clerk to Be Clerical Officer of Council
Section 9 The city clerk hereinafter provided for
hall also serve as clerical officer of the council He shall
keep the journal of its proceedings and shall enroll in
a hcok or books kept for the purpose all ordinances and
resolutions passed by it: shall be custodian of such docu-
mcnts records and archives as may be provided by ap-
plicable law or ordinance shall be custodian of the seal
of the city and shall attest and affix the seal to docu-
ments when required in accordance-- with applicable law
or ordinance
Council: Induction into Office Meetings
Section 10 The terms of office of the mayor and other
couneilmen shall begin at 7:30 o'clock PM on the second
Monday after the time prescribed for the general munici-
nal election in the year in which they are elected The
council shall hold a meeting at that time n d those
whose terms are beginning shall be inducted into office
If the mayor-elect or any other counciiman-elect fails to
qualify within one month thereafter his office shall be-
come vacant and the council shall fill the vacancy
The council shall meet regularly at least monthly at
such times as it may prescribe by ordinance or otherwise
Written notice of any change in the time of holding regu-
lar meetings shall be mailed by the city clerk by regis-
tered certified or similar special mail to every member
of the council absent when the change was adopted at
lrast five days before the next regular meeting
The mayor or any three or more councilmen may call
special meetituts of the council by filing a call in writing
with the city clerk The city clerk shall mail by register-
ed certified or similar special mail a copy of the call
or a written notice thereof to every member of the coun-
ril nr)t- signing thn call at least two dPvs before the meet-
ing: or shall deliver it or have it delivered in person
to each such member or lesve it or have it left in a'
conspicuous nlace at his usual place of residence at least
three hours before the time for the meeting If all mem-
bers of the council are present at a special meeting it
The DEL city NEWS
Friday Drvrembor 19 18
shall be assumed that the meeting was properi y called
and the legality of the call may not be challenged
All official meetings of the council shall be open to
the public and the journal of its proceedings shall be
open to public inspection
Council: Absences to Terminate Membership
Section 11 If the mayor or any ot her councilman
shall be absent from more than onehalf of all the regu-
lar meetings of the council held within any period of six
consecutive months he shall thereupon cease to hold
office
Councilmen: Removal
Section 12 The mayor or any other councilman may
be removed from office for any cause specified by ap-
plicable state law for the removal of officers and by the
method or methods prescribed thereby and may also be
removed by recall as provided in this charter
Council: Vacancies
Section 13 The council by majority vote of its re-
maining members shall fill vacancies in its OW rt inembei
ship including a vacancy in the office of mayor for the
unexpired terms provided that if an unexpired tent
runs for more than two years and one or more candii
dates file for the office during the regular filing period
a councilman shall be elected at the primary and general
elections of that year to serve during the last two years
of the unexpired term An incumbent of the office elect-
Al by the council if any shall be entered as a candidate
automatically if another candidate files unless the in-
cumbent makes and files an affidavit requesting that he
not be so entered
If the council fails to fill a vacancy in its own mem-
bership for a period of two months after the vacancy oc-
curs the mayor or acting mayor shall call a special elec-
tion to fill the vacancy There shall be no primary elec-
tion for this purpose The candidate receiving the great-
est number of votes at the election shall be elected and
shall serve for the unexpired term although the unex-
pired term may run for more than two years
The provisions of this charter relating to elections
shall govern elections provided for by this section insofar
as they are applicable and are not inconsistent herewith
Council: Quorum Rules Yeas and Nays
Section 14 A majority of all of the members of the
council shall constitute a quorum but a smaller number
may adjourn from day to day or from time to time The
council may determine its own rules On the demand of
any member the vote on any question shall be by yeas
and nays and shall be entered in the journal by name
Ordinances: Enacting Clause
Section 15 The enacting clause of all ordinances
passed by the council shall be "Be it ordained by the
Council of the City of Del City Oklahoma" and of all
ordinances proposed by the voters under their powers of
initiative "Be it ordained by the People of the City of
Del City Oklahoma"
Ordinances: Passage When in Effect
Section 16 Every proposed ordinance shall be read
and a vote of a majority of all the councilmen shall be
required for its passage The vote on final passage of
every ordinance shall be by yeas and nays and shall be
entered in the journal by name The mayor shall have no
power of veto Within ten days after its passage every
ordinance shall be published in full or by number and
brief gist in a newspaper of general circulation within
the city Every ordinance except an emergency ordinance
so published shall become effective thirty days after its
final passage unless it specifies a later time provided
that an ordinance granting a franchise to a public utility
shall not go into effect until it has been published in full
in a newspaper of general circulation within the city and
has been approved at an election by a vote of a majority
ofthe qualified electors voting on the question
Ordinances: Emergency
Section 17 An emergency ordinance is an ordinance
which in the judgement of the council is necessary for
the immediate preservation of peace health or safety
and which should become effective prior to the time
when an ordinary ordinance would become effective
Every such ordinance shall contain as a part of its title
the Nvords "and declaring an emergency" and in a sep-
arate section herein called the emergency section shall
declare the emergency The council shall vote on the e-
mergency section separately and must adopt the section
by a vote of at least four-fifths of all the members of he
couheil which vote shall be by yeas and nays and shall
be entrr-d in the journal by name An emergency ordin-
ance shall take effect upon passage unless it specifies a
later time
Ordinances: Adoption by Reference
Section 18 The council by ordinance may adopt by
reference codes ordinances standards and regulations
relating to building plumbing electrical installations
milk and milk products and other matters which it has
nowl- to regulati otherwise Such code ordinance stan-
dard or regulations so adopted need not be enrolled in
the book of ordinances but a cony shall he filed and
kept in the office of the city clerk The city clerk shall
keep conies of all such codes ordinances standards and
regulations in force for distribution or sale at their
approximate cost
Ordinances: Codification
Section 19 The ordinati'ces of the city shall be codi-
fied ard published In hook or pamphlet form at least
erry ten years unless the council by use of a loose-leaf
c-etria P nd process of amendment keeps the code up-to-date
Titles enacting clauses and emergency sections
may be omitted from the code and temporary and spe-
dal ordinances and parts of ordinances may be omitted
Permanent general ordinances and parts of ordinances
which nre to be repealed by the code shall be omitted
from the code The ordinances and parts of ordinances
included in the code may be revised rearranged and re
organized: and the code may contain new matter provi-
qions of the state constitution and law relating to the
city and nrovisions of this charter A cony of thP publish-d
code shall tv filed in the office of the city clerk after
aclontion by the council but the code need not be enrol-
led in the book of ordinances
I S
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The Del City News (Oklahoma City, Okla.), Vol. 11, No. 8, Ed. 1 Friday, December 19, 1958, newspaper, December 19, 1958; Oklahoma City, Oklahoma. (https://gateway.okhistory.org/ark:/67531/metadc2148200/m1/3/?q=aRCHIVES: accessed June 20, 2024), The Gateway to Oklahoma History, https://gateway.okhistory.org; crediting Oklahoma Historical Society.