ADOPTING ORDINANCE

ORDINANCE NO. 2087

(Published in the South County Leader, city of Bixby, Tulsa County, Oklahoma August 23, 2012.)

AN ORDINANCE ADOPTING A COMPILATION AND GENERAL CODE OF ORDINANCES FOR THE CITY OF BIXBY, OKLAHOMA, TO BE KNOWN AS THE "BIXBY CITY CODE", INCLUDING ORDINANCES DEFINING OFFENSES AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE SAME; REPEALING PREVIOUS CODIFICATIONS AND ORDINANCES IN CONFLICT WITH THE BIXBY CITY CODE, EXCEPT CERTAIN ORDINANCES HEREIN EXCEPTED; PROVIDING AN EFFECTIVE DATE OF THE BIXBY CITY CODE; SAVING ALL PENDING PROCEEDINGS AND EXISTING RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

   BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BIXBY, OKLAHOMA:

   SECTION 1. ADOPTION OF THE BIXBY CITY CODE

   The ordinances and codes of a general, permanent and continuing character affecting the public at-large of the city of Bixby ("city"), except for those designated in this ordinance, have been compiled and codified under the authority of the Bixby city council pursuant to the terms entered into by and between the city and Sterling Codifiers Inc. of Coeur d'Alene, Idaho are hereby approved, adopted and ordained to be the code of ordinances of the city upon the subjects set out in the code. This code of ordinances shall be in full force and effect from and after the date or dates specified in this ordinance. The code of ordinances, consisting of titles 1 through 13, each inclusive, and all ordinances up to and including ordinance no. 926, enacted November 14, 2005, are hereby adopted and enacted as the "Bixby city code", which code shall supersede all general and permanent ordinances of the city adopted on or before January 1, 2006, to the extent provided in this ordinance.

   SECTION 2. SUPPLEMENTAL ORDINANCES

   Any ordinances amending the Bixby city code, adopted on final passage after January 1, 2006 shall be construed as if they amend or refer to like provisions of the January 1, 2006 Bixby city code. Any and all supplements, additions and amendments to the Bixby city code, when passed in such form as to indicate the intention of the city council to make the same a part of the 2006 Bixby city code, shall be deemed to be incorporated into the Bixby city code, so that reference to the 2006 Bixby city code shall be understood and intended to include such supplements, additions and amendments as part of the Bixby city code. Supplements, additions and amendments to the Bixby city code adopted and ordained by this ordinance shall particularly include but not be limited to the following: supplement no. 1, October 2008, including ordinance nos. 931, 932, 936, 942, 943, 944, 946, 947, 948, 949, 950, 957, 962, 978 and 983; supplement no. 2, October 2009, including ordinance nos. 987, 988, 989, 990, 994, 995, 996, 996-B, 997, 999, 1007, 1008, 1009, 2011 and 2012; supplement no. 3, May 2010, including ordinance nos. 2013, 2029 and 2031; supplement no. 4, September 2010, including ordinance nos. 2041 and 2046; supplement no. 5, April 2011, including ordinance nos. 2020, 2047, 2048, 2049, 2050 and 2053; supplement no. 6, September 2011, including ordinance nos. 2057 and 2059; supplement no. 7, December 2011, including ordinance nos. 2062, 2063, 2064 and 2065; supplement no. 8, February 2012, including ordinance nos. 2066, 2069 and 2070; supplement no. 9, April 2012, including ordinance nos. 2071, 2074, 2075 and 2076; supplement no. 10, June 2012, including ordinance nos. 2078 and 2079; and supplement no. 11, July 2012, including ordinance nos. 2083 and 2086.

   SECTION 3. EXCEPTIONS

   All ordinances enacted subsequent to ordinance no. 2086, which was enacted June 25, 2012, are not included in the codified publication as of the effective date of this ordinance and it is hereby provided that all such ordinances shall continue in full force and effect from and after this date until repealed.

   SECTION 4. REPEAL

   All prior codified city ordinances of a general and permanent nature adopted on final passage on or before January 1, 2006, and not included in the 2006 Bixby city code or recognized and continued in force by reference in this ordinance are hereby repealed. In addition, all prior uncodified city ordinances or parts of ordinances of a general and permanent nature and enacted prior to January 1, 2006, that conflict with the provisions of the 2006 Bixby city code are hereby repealed to the extent of such conflict.

   SECTION 5. DIRECTIONS TO CITY CLERK AND CITY ATTORNEY

   The city clerk and the city attorney, upon passage of this ordinance, are directed to take all actions necessary to comply with the provisions of the Bixby city charter and article XIV of title 11 of Oklahoma's statutes concerning the codification of the ordinances of the city.

   SECTION 6. SUMMARY OF CONTENTS OF THE BIXBY CITY CODE

   As required by title 11 Oklahoma Statutes, sections 14-108(C), 14-107(A) and 14-106, the contents of the Bixby city code are summarized as reflected in exhibit "A", which is attached to this ordinance and incorporated here by reference.

   SECTION 7. SAVING CLAUSE

   Neither the repeal of any of said ordinances nor any of the provisions contained herein shall be deemed or construed to impair, modify, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the date when the Bixby city code described above shall take effect.

   SECTION 8. SEVERABILITY

   If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.

   SECTION 9. EFFECTIVE DATE OF THE BIXBY CITY CODE

   The 2006 Bixby city code shall be deemed to be in effect, in full force and operation as of twelve and one second (12:00:01) A.M. on Sunday January 1, 2006, provided that ordinances enacted subsequent to ordinance no. 926, which was enacted November 14, 2005 shall be deemed effective on the dates provided in such ordinances.

   SECTION 10. EMERGENCY CLAUSE

   That an emergency is hereby declared to exist for the preservation of the public peace, health and safety, and more particularly to provide for the orderly continuation of the necessary functions, operations and government of the city of Bixby, by reason whereof this ordinance shall take effect immediately from and after its passage and approval.

   ADOPTED by the council: AUGUST 13, 2012.

            Mayor

   ADOPTED as an emergency measure ruled upon separately and approved by an affirmative vote of at least four-fifths (4/5) of the city council: AUGUST 13, 2012.

            Mayor

(Seal)

ATTEST:

   City Clerk

APPROVED:

   City Attorney