ADOPTING ORDINANCE

AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES OF THE CITY OF EUFAULA, OKLAHOMA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREAFTER PROVIDED; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; PROVIDING FOR SALE AND COPIES IN THE CLERK'S OFFICE; PROVIDING FOR SUPPLEMENTS OR CHANGES TO CODE; AND PROVIDING FOR AN EMERGENCY.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EUFAULA, OKLAHOMA:

SECTION 1 TITLE.

A code and revision of the ordinances of the City of Eufaula is hereby adopted as the "Code of Ordinances, City of Eufaula, Oklahoma," or by any other properly identifying designation.

SECTION 2 CODE SUPERSEDES OTHER ORDINANCES.

This code shall be treated and considered as a new and comprehensive ordinance of the city which shall supersede all other general and permanent ordinances enacted by the council prior to July 1, 1984, except such as by reference thereto are expressly saved from repeal or continued in force and effect for any purpose.

SECTION 3 EFFECTIVE DATE OF CODE, REPEAL.

All provisions of this code shall be in full force and effect from the date this ordinance becomes law. All ordinances of a general and permanent nature of the city in effect on or before July 1, 1984, and not in the code or recognized and continued in force by reference herein and which are in conflict herewith, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.

SECTION 4 ORDINANCES NOT REPEALED.

The repeal provided for in Section 3 hereof shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance; nor shall the repeal affect any ordinance or resolution promising or guaranteeing the payment of money for the city or authorizing the issuance of any bonds of the city or any evidence of the city's indebtedness, or any contract or obligation assumed by the city; nor shall the repeal affect the administrative regulations or resolution of the city council not in conflict or inconsistent with the provisions of the code; nor shall the repeal affect any right or franchise granted by any ordinance or resolution of the city council to any person, firm or corporation; nor shall the repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, vacating, etc., any street or public way in the city; nor shall the repeal affect any annual budget or salary ordinance; nor shall the repeal affect any ordinance levying or imposing taxes; nor shall the repeal affect any ordinance establishing and prescribing the street grades of any street in the city; nor shall the repeal affect any ordinance providing for local improvements and assessing charges therefor; nor shall the repeal affect any ordinance dedicating or accepting any plat or subdivision in the city; nor shall the repeal affect any ordinance extending the limits of the city; nor shall the repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. The continuance in effect of temporary and/or special ordinances and parts of ordinances, although omitted from the code, shall not be affected by such omission therefrom; and the adoption of the code shall not repeal or amend any such ordinance or part of any such ordinance.

SECTION 5 CODE NOT NEW ENACTMENT.

The provisions appearing in this code, so far as they are the same as those ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

SECTION 6 ORDINANCES ADOPTED AFTER EFFECTIVE DATE OF CODE.

Ordinances and parts of ordinances of a permanent and general nature passed or adopted on and after the effective date of this code may be passed or adopted either:

      1.   In the form of amendments to the code or ordinances adopted by this ordinance; or

      2.   Without specific reference to the code.

In either case, all such ordinances and parts of ordinances shall be deemed amendments to the code. All of the substantive permanent and general parts of such ordinances and changes made thereby in the code, shall be inserted and made in the code whenever authorized or directed by motion, resolution or ordinance of the city council, as provided hereinafter.

SECTION 7 SUPPLEMENTS TO CODE.

By contract or by city personnel, a change, or supplement, to the code or ordinances adopted by this ordinance shall be prepared and printed whenever authorized or directed by the mayor and city council. A change to the code shall include all substantive permanent and general parts of ordinances passed by the council or adopted by initiative and referendum during the period covered by the change and all changes made thereby in the code. The pages of a change shall be so numbered that they will fit properly into the code and, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be up to date to the date to which the code is being brought up to date. Each change shall include a new title page for the code; and the title page shall include a notation below the title indicating that the code contains all permanent and general ordinances and parts of ordinances passed prior to the date to which the code is brought up to date and still in effect. The words "as amended" and the date, may be added to the title after the year. After every change has been prepared and printed, a number of copies of the change equal at least to the number of copies of the code still in existence, shall be deposited in the office of the city clerk. The city clerk, if possible, shall notify each holder of a copy of the original code about the availability of the change or supplement.

SECTION 8 SALE OF COPIES OF THE CODE.

The city clerk is hereby authorized and directed to sell copies of the code of ordinances to the public at a price determined from time to time by the city.

SECTION 9 COPY OF CODE IN CLERK'S OFFICE.

A copy of the current code as amended or supplemented from time to time shall be kept on file in the office of the city clerk. This copy of the code shall be available for all persons desiring to examine it; it shall be considered the official code of ordinances of the city, and may be so certified by the city clerk as may be required.

SECTION 10 PREPARATION OF CODE.

The code of ordinances hereby adopted was prepared by the Oklahoma Municipal League and consists of Seventeen (17) Parts, all of which have been examined, considered and approved by the council of trustees of the City of Eufaula and adopted by compliance with Sections 14-109 et seq. of Title 11 of the Oklahoma Statutes.

SECTION 11 EMERGENCY.

Reference being made to "Section 3" hereinbefore set out, whereas, it being immediately necessary for the preservation of the peace, health and safety of the City of Eufaula, Oklahoma, and the inhabitants thereof, that the provisions of this Ordinance and the new provisions of the Code not heretofore enacted be put into full force and effect, an emergency is hereby declared to exist, by reason whereof this Ordinance shall take affect and be in full force from and after its passage, as provided by law.

YEAS: Crowder, Dobbs, Harkey, Hazlett, Pendley, Pittman, Pyle, Swadley

NAYS: None

ABSENT: None

Passed and approved this 2nd day of July, 1984.

   /s/ Joe Johnson

Mayor

ATTEST:

/s/ Hattie Shropshire

Clerk