ADOPTING ORDINANCE
ORDINANCE NO. 2006-007
AN ORDINANCE OF THE TOWN OF FORT GIBSON, OKLAHOMA ADOPTING AND ENACTING THE GENERAL ORDINANCES OF THE INCORPORATED TOWN OF FORT GIBSON, OKLAHOMA, 2006 COMPILED AND REVISED BY THE AUTHORITY OF THE BOARD OF TRUSTEES OF THE INCORPORATED TOWN OF FORT GIBSON, OKLAHOMA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREAFTER PROVIDED; PROVIDING WHEN THIS ORDINANCES 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 TOWN BOARD OF TRUSTEES OF THE TOWN OF FORT GIBSON, OKLAHOMA:
SECTION 1:      TITLE.
   A code and revision of the town of Fort Gibson is hereby adopted as the "Fort Gibson, 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 town which shall supersede all other general and permanent ordinances enacted by the town board of trustees prior to June 13, 2005 and resolutions prior to April 28, 1997, 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 town in effect on before June 13, 2005 and resolutions prior to April 28, 1997, 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not in the code or recognized and continued in force by reference herein and which are in conflict herewith, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.
SECTION 4:      ORDINANCES NOT REPEALED.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 town or authorizing the issuance of any bonds of the town or any evidence of the town's indebtedness, or any contract or obligation assumed by the town; nor shall the repeal affect the administrative regulations or resolution of the town board of trustees 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 town board of trustees 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 town; nor shall the repeal affect any ordinance establishing and prescribing the street grades of any street in the town; nor shall the repeal affect any ordinance providing for local improvements and assessing charges therefor; nor shall the repeal affect any ordinance dedicating accepting the plat or subdivision in the town; nor shall the repeal affect any ordinance extending the limits of the town; 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; nor shall the repeal affect any ordinance setting rates, fees or charges until such rates, fees or charges are specifically amended by the town board of trustees by ordinance, motion or resolution. The continuance in effect of temporary 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 EFFECTIVEDATE 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 town board of trustees, as provided hereinafter.
SECTION 7:      SUPPLEMENTS TO CODE.
   By contract or by town 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 town board of trustees. A change to the code shall include all substantive permanent and general parts of ordinances passed by the town board of trustees 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. 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 town clerk. The town 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 town 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 motion or resolution of the town board of trustees.
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 town 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 town and be so certified by the town clerk as may be required.
SECTION 10:   PREPARATION OF CODE.
   The code of ordinances hereby adopted consists of thirteen (13) parts, all of which have been examined considered and approved by the town board of trustees of the town of Fort Gibson and adopted by compliance with sections 14-109 et seq of title 11 of the Oklahoma Statutes.
SECTION 11:   EMERGENCY.
   Reference made to "section 3" hereinbefore set out, whereas, it being immediately necessary for the preservation of the peace, health and safety of the town of Fort Gibson, 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 effect and be in full force from and after its passage, as provided by law.
PASSED AND APPROVED THIS 25TH DAY OF SEPTEMBER, 2006
YEAS: Steven Hill, Jim Huggins, Teddy Taylor, Sam Carter, Bob Peebles
NAYS: None
ABSENT: None
Emergency Clause:
YEAS: Steven Hill, Jim Huggins, Teddy Taylor, Sam Carter, Bob Peebles
NAYS: None
ABSENT: None
                                                           
            BOB L. PEEBLES, MAYOR
ATTEST: (Seal)
                                                         
Deborah L. Daniels, Town Clerk