CHARTER OF THE CITY OF CLINTON, OKLAHOMA 1

   Adopted, Election of January 30, 1962

   Approved by Governor, February 12, 1962

   Effective April 9, 1962

   Amended by Resolution 841, adopted February 3, 2015; ratified at election of April 7, 2015.

 

Notes

1	1. The city charter was adopted by the electors of the city on January 30, 1962, by a vote of 878 to 671. It was approved by Governor J. Howard Edmondson on February 12, 1962, and went into full effect at 7:30 P.M. on April 9, 1962.

PREAMBLE

We, the people of the city of Clinton, exercising the powers of home rule granted to us by the constitution and laws of the state of Oklahoma, in order to provide for more efficient, adequate, and economical government, do hereby ordain, ratify, and establish this charter of the city of Clinton, Oklahoma.

ARTICLE 1. INCORPORATION, FORM OF GOVERNMENT, POWERS

Incorporation

Section 1-1. The city of Clinton, Oklahoma, within the corporate limits as now established or as hereafter may be established, shall continue to be a municipal body politic and corporate in perpetuity under the name of "City of Clinton". It shall succeed to and possess all the property, rights, privileges, franchises, powers, and immunities now belonging to the corporation known as the city of Clinton; and shall be liable for all debts and other obligations for which the corporation is legally bound at the time this charter goes into effect.

Form Of Government

Section 1-2. The municipal government provided by this charter shall be known as a "council-manager government". 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 by ordinance.

Powers Of The City

Section 1-3. 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 constitution or law, the city shall have all municipal powers, functions, rights, privileges, franchises, and immunities 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 property within or without its corporate limits for any city purpose, including public utilities, works, and ways, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, condemnation, or other legal means; and to hold, maintain, improve, enlarge, manage, control, operate, 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 incur indebtedness and to issue bonds within the limitations prescribed by the state constitution. It shall have power to accept and administer federal and state grants-in-aid and to do everything necessary to accomplish the purpose or purposes for which such grants may be made. It shall have power to ordain and to enforce local legislation for the proper organization and functioning of the city government, for the preservation and enforcement of good government and order, for the protection of health, life, morals, and property, for the prevention, summary abatement, and removal of nuisances, and otherwise for the promotion of the common welfare. It shall have power to grant, extend, and renew franchises in accordance with the state constitution.

The enumeration or mention of particular powers by this charter shall not be deemed to be exclusive or limiting; and in addition to the powers enumerated or mentioned 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 or mention.

Provisions of state law relating to matters which may be regulated by cities operating under charters, shall be in effect only insofar as they are applicable and are not superseded by this charter or by ordinance.

ARTICLE 2. THE COUNCIL

Councilmen: Number, Qualifications

Section 2-1. There shall be a council of five members, which shall consist of the mayor and one councilman from each of the four wards of the city as the wards are now constituted or as they may hereafter be constituted by ordinance. Unless otherwise clearly indicated by the context, the words "councilman" and "councilmen" shall include the mayor as well as other councilmen.

Only qualified electors of the city who are freeholders in the city, shall be qualified for the office of mayor. Only qualified electors residing in the city and at the time of their election, in their respective wards, who are freeholders in the city, shall be qualified for the offices of councilmen from the wards. Removal of a councilman from one ward to another within the city after his election or selection to fill a vacancy, or a change in ward boundaries, shall not disqualify him from completing his term. No councilman may hold any office in the city government by appointment by the city manager or by any subordinate of the city manager.

Mayor And Vice Mayor

Section 2-2. The mayor shall preside at meetings of the council. He shall be recognized as head of the city government for all ceremonial purposes and by the governor for purposes of military law. 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.

At the first meeting after the time prescribed for the beginning 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 act 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 2-3. The mayor shall be paid a salary of $75.00 per month, and each other councilman shall be paid a salary of $50.00 per month; but they may not receive any other compensation as mayor or councilman nor for any other service rendered the city, other than expenses.

Council: Powers

Section 2-4. Except as otherwise provided in this charter, all powers of the city, including the determination of all matters of policy, shall be vested in the council. Without limitation of the foregoing, the council shall have power, subject to the provisions of this charter:

(1) To appoint and remove the city manager;

(2) By ordinance to enact municipal legislation;

(3) To raise revenue and make appropriations; and to regulate bond elections, the issuance of bonds, sinking funds, the refunding of indebtedness, salaries and wages, and all other fiscal affairs of the city;

(4) To inquire into the conduct of any office, department, or agency of the city government, and investigate municipal affairs;

(5) To appoint or elect and remove the members of the personnel board, the members 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 to prescribe the method of appointing or electing and removing them;

(6) To grant pardons for violations of the charter and ordinances, including the remission of fines and costs;

(7) To regulate elections, the initiative and referendum, and recall;

(8) To regulate the organization, powers, duties, and functions of the municipal court and of the minor violations bureau when and if established;

(9) To create, change, and abolish all offices, departments, and agencies of the city government other than the offices, departments, and agencies created by this charter; and to assign additional powers, duties, and functions to offices, departments, and agencies created by this charter.

Council Not To Interfere In Appointments And Removals

Section 2-5. Neither the council, the mayor, nor any of its other members may direct or request the appointment of any person to, or his removal from, office or employment by the city manager or by any other authority, or, except as provided in this charter, participate in any manner in the appointment or removal of officers and employees of the city. Except for the purpose of inquiry, the council and its members shall deal with the administrative service solely through the city manager; and neither the council nor any member thereof may give orders on administrative matters to any subordinate of the city manager either publicly or privately.

City Clerk To Be Clerical Officer Of Council

Section 2-6. The city clerk, hereinafter provided for, shall also serve as clerical officer of the council. He shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it; shall be custodian of such documents, records, and archives as may be provided by applicable law or ordinance; shall be custodian of the seal of the city; and shall attest, and affix the seal to, documents when required in accordance with applicable law or ordinance.

Council: Meetings

Section 2-7. The council shall hold at least one regular meeting every month, at such time as it may prescribe by ordinance or otherwise. The mayor or any three councilmen may call special meetings. All meetings of the council shall be open to the public, and the journal of its proceedings shall be open to public inspection.

Councilmen: Absences To Terminate Membership

Section 2-8. If the mayor or any other councilman shall be absent from more than one-half of all the meetings of the council, regular and special, held within any period of six consecutive calendar months, he shall thereupon cease to hold office.

Councilmen: Removal

Section 2-9. The mayor or any other councilman 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, and by recall as provided in this charter.

Council: Vacancies

Section 2-10. The council, by majority vote of its remaining members, shall fill vacancies in its own membership, including the office of mayor, for the unexpired terms or until successors are elected as provided in this section. If a vacancy occurs before the beginning of a regular filing period for candidates for councilmen, and the unexpired term extends beyond the time when the terms of councilmen elected that year begin, then a councilman for that place shall be elected at the elections of that year to serve the rest of the unexpired term beginning at the time the terms of councilmen elected that year begin.

Council: Quorum, Rules, Yeas And Nays

Section 2-11. 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.

Ordinances: Enacting Clause

Section 2-12. The enacting clause of all ordinances passed by the council shall be, "Be it ordained by the council of the city of Clinton, Oklahoma", and of all ordinances proposed by the voters under their power of initiative, "Be it ordained by the people of the city of Clinton, Oklahoma".

Ordinances: Passage, When In Effect

Section 2-13. 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. The mayor shall have no power of veto. Within ten days after its passage, every ordinance shall be published in full in a newspaper of general circulation within the city; provided that, in lieu of publication in full, ordinances which relate to traffic, building, housing, plumbing, electrical wiring or installations, fire or explosion prevention and safety, milk and milk products and other foods and beverages, the protection of the public health and safety, planning and zoning, land plats, subdivision, and annexation, may be published by number, title, and condensed gist or summary in such a newspaper within said period. 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 of the qualified electors voting on the question.

Ordinances: Emergency

Section 2-14. An emergency ordinance is an ordinance which in the judgment 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 words, "and declaring an emergency"; and in a separate section, herein called the emergency section, shall declare the emergency. An affirmative vote of at least four councilmen shall be required for the passage of an emergency ordinance. An emergency ordinance shall take effect upon passage and publication unless it specifies a later time.

Ordinances: Adoption By Reference

Section 2-15. 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 power to regulate otherwise. Such code, ordinance, standard, or regulation so adopted need not be enrolled in the book of ordinances; but a copy shall be kept in the office of the city clerk.

Ordinances: Codification

Section 2-16. The permanent, general ordinances of the city shall be codified and published in book or pamphlet form at least every ten years unless the council, by use of a loose-leaf system, provides for keeping the code up-to-date. The ordinances and parts of ordinances included in the code may be revised, rearranged, and reorganized; and the code may contain new matter, provisions of the state constitution and law applicable to the city, and this charter. A copy of the published code shall be filed in the office of the city clerk after the council adopts the code by ordinance, but the code need not be enrolled in the book of ordinances.

   ARTICLE 3. CITY MANAGER AND ADMINISTRATIVE DEPARTMENTS

City Manager: Appointment, Term, Qualifications, Removal

Section 3-1. There shall be a city manager. The council shall appoint him for an indefinite term by a vote of a majority of all its members. It shall choose him on the basis of his executive and administrative qualifications. At the time of his appointment, he need not be a resident of the city or state; but, during his tenure of office, he shall reside within the city. The council may suspend or remove the city manager at any time by a vote of a majority of all its members; provided that the council shall give him a written statement of the reason for removal at least twenty days before removal, and on request shall give him an opportunity for a public hearing thereon after the expiration of such time before removing him.

Absence Or Disability Of City Manager

Section 3-2. To perform his duties during his temporary absence or disability, the city manager may designate by letter filed with the city clerk a qualified administrative officer of the city to be acting city manager. If the city manager fails to make such designation, the council may appoint an acting city manager to serve during such time.

City Manager: Powers And Duties

Section 3-3. The city manager shall be chief administrative officer and head of the administrative branch of the city government. He shall execute the laws and ordinances and administer the government of the city, and shall be responsible therefor to the council. He shall:

(1) Appoint, and when deemed necessary for the good of the service, lay off, suspend, demote, or remove all directors, or heads, of administrative departments and all other administrative officers and employees of the city except as he or this charter may authorize the head of a department, an officer, or an agency to appoint, lay off, suspend, demote, and remove subordinates in such department, office, or agency;

(2) Supervise and control, directly or indirectly, all administrative departments, agencies, officers, and employees;

(3) Prepare a budget annually and submit it to the council, be responsible for the administration of the budget after it goes into effect, and recommend to the council any changes in the budget which he deems desirable;

(4) Submit to the council a report as of the end of the fiscal year on the finances and administrative activities of the city for the preceding year;

(5) Keep the council advised of the financial condition and future needs of the city, and make such recommendations to the council on matters of policy and other matters as may seem to him desirable;

(6) Have such other powers, duties, and functions as this charter may prescribe, and such powers, duties, and functions consistent with this charter as the council may prescribe.

Administrative Departments, Offices, And Agencies

Section 3-4. There shall be a department of finance, a department of law headed by a city attorney, and such other administrative departments, offices, and agencies as this charter establishes and as the council may establish.

Library Board

Section 3-5. There shall be a library board, which shall be head of the library department. It shall consist of six members appointed by the city manager for overlapping terms of three years and to serve until their respective successors have been appointed and qualify. The terms of two members shall begin at 7:30 o'clock P.M. on the second Tuesday in April in every year. The city manager may remove a member for the good of the service, and he may fill vacancies for unexpired terms. Members shall serve without compensation.

Every year, at the time prescribed for the beginning of the terms of new members or as soon thereafter as practicable, the library board shall elect a chairman, a vice chairman, and a secretary; and the secretary need not be a member of the board. It shall determine the time and place of its regular meetings, and the chairman or any four members may call special meetings of the board.

The library board shall have supervision and control of the public library or libraries of the city, and shall appoint the librarian or librarians and all other subordinates, provided that the board may authorize a librarian to appoint his subordinates. The library board may adopt regulations for the administration and operation of the library or libraries, subject to ordinances which the council may enact. (Charter, eff. 4-9-1962)