ADOPTING ORDINANCE
ORDINANCE NO. 671
AN ORDINANCE ADOPTING A COMPILATION AND CODE OF ORDINANCES FOR THE CITY OF GLENPOOL, OKLAHOMA, TO BE KNOWN AS THE 2013 GLENPOOL CITY CODE, INCLUDING ORDINANCES DEFINING PUBLIC OFFENSES AND PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; REPEALING PREVIOUS CODIFICATIONS AND ORDINANCES IN CONFLICT THEREWITH EXCEPT AS EXPRESSLY EXCEPTED FROM REPEAL; PROVIDING AN EFFECTIVE DATE OF THE 2013 GLENPOOL CITY CODE; SAVING ALL PENDING PROCEEDINGS AND EXISTING RIGHTS AND REMEDIES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY
BE IT ORDAINED by the city council of the city of Glenpool, Oklahoma, as follows:
Section 1. Adoption Of The 2013 Glenpool City Code.
From and after the date of passage of this ordinance as provided and to the extent qualified by section 10 hereof, the city code of the city of Glenpool, Oklahoma, as compiled and codified under the authority of the city council (the city of Glenpool's governing body) and prepared pursuant to a certain codification services contract with Sterling Codifiers, Inc., dated as of December 12, 2009, containing the compilation of all ordinances of a general, permanent and continuing nature, together with such subsequent changes and amendments as may be made to said ordinances under the direction of the city council, is hereby approved, adopted and ordained to be the code of ordinances pertinent to all subjects and for all purposes set forth there in and shall be accepted in all courts and for all purposes without question as the official code and law of the city as duly enacted by the city council (the "2013 Glenpool city code"). The 2013 Glenpool city code, as hereby adopted, consists of titles 1 - 12, inclusive, and all ordinances of a general and permanent nature duly adopted up to and including ordinance no. 666, enacted December 3, 2012, and shall supersede all general and permanent ordinances of the city as have been or shall be adopted on or before September 1, 2013, except as otherwise provided herein. To the extent of any conflict between provisions of any ordinance adopted after ordinance no. 666, enacted December 3, 2012, and provisions of this 2013 Glenpool city code, the provisions of such ordinance(s) as may have been adopted during the interim between December 3, 2012, and September 1, 2013, shall control and shall be deemed to amend the 2013 Glenpool city code with respect to any such conflicting provisions.
Section 2. Supplemental And Amending Ordinances.
Pursuant to title 11 Oklahoma Statutes § 14-108(A), there is hereby adopted, as a method of perpetual codification, the loose-leaf type of binding together with the continuous supplementing service provided by Sterling Codifiers, Inc., whereby each newly adopted ordinance of a general and permanent nature supplementing, amending, altering, adding or deleting any provisions of the 2013 Glenpool city code, when such supplements, amendments, alterations, additions or deletions have been enacted after September 1, 2013, in such form as to indicate the intention of the city council to make the same a part of the 2013 Glenpool city code, shall be deemed to be incorporated into the 2013 Glenpool city code, shall be identified by Sterling Codifiers with the proper references and shall be inserted in the proper place in all designated official copies; provided further that all ordinances, expressly including those of a penal nature, shall be published and shall otherwise conform to the public notification and filing requirements set forth herein for the codification of the 2013 Glenpool city code as biennial supplements, thereby satisfying both the decennial recodification and biennial supplementation requirements title 11 Oklahoma Statutes § 14-109.
Section 3. Exceptions.
No ordinances enacted by the city council after ordinance no. 666, which was enacted on December 3, 2012, are included in the 2013 Glenpool city code as of the effective date of this ordinance no. 671. Notwithstanding such omission, all such ordinances shall continue in full force and effect from and after the date of adoption and until repealed or amended.
Section 4. Ordinances Of General Nature In Continuance Of Previously Adopted Ordinances; Ordinances Of Special Nature Survive Adoption Of 2013 Glenpool City Code.
All ordinances of a general, permanent and continuing nature affecting the public at-large of the city of Glenpool that are included in the 2013 Glenpool city code shall be considered as continuations of any corresponding previously adopted ordinance provisions and the fact that some provisions have been deliberately eliminated by the city council from the 2013 Glenpool city code as hereby adopted shall not cause any interruption in the continuous effectiveness of those ordinances that are included in the 2013 Glenpool city code. All ordinances of a special nature, to include without limitation but by way of example tax levy ordinances, bond ordinances, rights-of-way, budget ordinances, rezoning ordinances, franchises, vacating ordinances and annexation ordinances, are expressly excluded from the 2013 Glenpool city code but, regardless and independent of such exclusion, shall continue in full force and effect unless specifically repealed or amended by a provision of the 2013 Glenpool city code or by subsequent special ordinance. Such ordinances shall not be included in the official 2013 Glenpool city code.
Section 5. Repeal.
All ordinances of a general, permanent and continuing nature adopted on final passage by the city council on or before September 1, 2013, but not included in the 2013 Glenpool city code or expressly recognized and continued in force by reference in section 1 of this ordinance, are hereby repealed and shall be of no force or effect unless duly adopted upon reconsideration of all or any part by the city council.
Section 6. Unlawful Alteration.
It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of the 2013 Glenpool city code, or to insert or delete any pages or portions thereof, or to alter or tamper in any way with any ordinance therein in such a manner as would cause the law of the city to be altered or misrepresented thereby.
Section 7. Directions To City Clerk And City Attorney.
The city clerk and the city attorney are directed, upon passage of this ordinance, to take all such other actions as may be necessary to comply with the provisions of title 11 Oklahoma Statutes, article XIV, concerning the codification and publication of city ordinances, to include without limitation publication of the title and a summary of this ordinance and the 2013 Glenpool city code adopted hereby and notification of the public by resolution of such publication. One "master volume" and, as required by title 11 Oklahoma Statutes § 14-108(B), a minimum of three designated official copies shall at all times be maintained in the office of the city clerk, certified as to correctness and available for public use, inspection and examination at any and all times that said office is regularly open. In the event of inadvertent failure to update any other designated official copy of the 2013 Glenpool city code, the master volume maintained in the office of the city clerk shall be deemed as authoritative. As also required by title 11 Oklahoma Statutes § 14-108(B), the city clerk shall keep on hand, or make upon request, copies of the 2013 Glenpool city code for distribution or sale at a reasonable price, as determined by the city manager or her/his designee. As required by title 11 Oklahoma Statutes §§ 14-107(A), 14-108(C) and 14-110, the city clerk and city attorney shall ensure the adoption of resolution no. 13-08-01 in the form attached hereto and incorporated herein as "exhibit A" notifying the public of publication of the 2013 Glenpool city code. As required by title 11 Oklahoma Statutes § 14-110, the city clerk and city attorney shall further ensure that a copy of such resolution shall be filed in the office of the Tulsa County court clerk, and require a receipt in the form attached to resolution no. 13-08-01 to include notation of book and page at which such resolution is recorded, and that a complete volume of the 2013 Glenpool city code shall be deposited in the Tulsa County law library. A copy of the 2013 Glenpool city code shall also be uploaded and maintained in an on-line version, provided that any inadvertent failure to maintain and post any amendments, supplements, additions or deletions thereto shall not alter the full force and effect of the same. As required by title 11 Oklahoma Statutes §§ 14-109 and 14-110, the city clerk and city attorney shall further ensure that biennial supplements of ordinances adopted subsequent to ordinance no. 666, enacted on December 3, 2012, are published, that notification of publication is provided by resolution, that a copy of each such supplement is delivered to the Tulsa County law library and that a copy of each such resolution is filed with the Tulsa County clerk, all as required for codification of the 2013 Glenpool city code.
Section 8. Summary Of Contents And Notice Of Publication.
As provided by title 11 Oklahoma Statutes §§ 14-106, 14-107(A) and 14-108(C), the contents of this ordinance no. 671 and of the 2013 Glenpool city code are summarized in "exhibit B" to this ordinance no. 671, are incorporated herein by reference and shall be published within fifteen days of adoption of this ordinance no. 671. Notice of the publication of the 2013 Glenpool city code shall be in the manner provided for publication by title and summary of compilations of codes and ordinances in title 11 Oklahoma Statutes § 14-107(A), and as provided by resolution no. 13-08-01 referenced in section 7 of this ordinance no. 671 in the form attached hereto and incorporated herein as "exhibit A."
Section 9. Savings Clause.
Neither the repeal of any prior ordinances nor any provisions contained in this ordinance shall be deemed or construed so as to impair, modify, alter, limit or otherwise affect any rights, actions, claims or suits, whether now pending in any court or not, that are now existing or which may arise or come into existence before the effective date of the 2013 Glenpool city code.
Section 10. Severability.
If any section, sentence, clause or phrase of this ordinance or any part hereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall be of no effect on the validity of the remainder of this ordinance nor any part hereof.
Section 11. Effective Date.
This 2013 Glenpool city code shall be deemed to be in effect and in full force and operation immediately as of 12:00:01 a.m. on Sunday, September 1, 2013, provided that ordinances enacted subsequently to ordinance no. 666, adopted December 3, 2012, shall be deemed effective on the dates provided in such ordinances.
PASSED AND APPROVED this 5th day of August 2013.
/s/
Momodou Ceesay, Mayor
ATTEST:
[Seal]
/s/
Susan White, City Clerk
APPROVED AS TO FORM:
/s/
Lowell Peterson, City Attorney
Roll Call Vote:
AYES:
NAYS:
ABSENT or ABSTAIN:
EMERGENCY CLAUSE
WHEREAS, an emergency is declared to exist for the preservation of the public peace, health, and safety of the city of Glenpool and the inhabitants thereof, and more particularly to provide for the orderly continuation of the lawful and necessary functions, operations and government of the city of Glenpool, by reason whereof ordinance no. 671 shall take effect and be in full force immediately from and after its passage and approval, as provided by law.
PASSED and this emergency clause ruled upon separately and approved, by unanimous vote of all members of the city council, this 5th day of August 2013.
/s/
Momodou Ceesay, Mayor
ATTEST:
/s/ [Seal]
Susan White, City Clerk
APPROVED AS TO FORM:
/s/
Lowell Peterson, City Attorney
Roll Call Vote:
AYES:
NAYS:
ABSENT or ABSTAIN: