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The City Council of the City of Guthrie shall have the power to purchase and acquire any real property, the acquisition of which it deems to be in the best interest of the City, and shall have the power to sell and dispose of any real property now or hereafter owned by said City, provided that the sale of any real property must be authorized by Ordinance passed by the City Council in the same manner as any other Ordinance. No such Ordinance approving the sale of any real property shall become effective for thirty (30) days after the passage and approval of the Ordinance; provided that no contrary provision for emergency passage of an Ordinance shall apply to this Article. Within the thirty (30) day period, the question of the sale of the real property involved may be put to a vote of the people upon the filing with the Clerk of the City of Guthrie of a petition calling for such vote. Said petition shall contain signatures of qualified voters residing within the territorial limits of the City of Guthrie of a number equal to at least twenty-five percent (25%) of the total electors voting at the last preceding City general election. Where the value of the real property sought to be sold exceeds the sum of Twenty-five Thousand Dollars ($25,000.00), the question of its sale shall first be submitted to the electors of said City at an election called for that purpose; and the question submitted thereat shall be substantially as follows:
“Shall the City Council of the City of Guthrie sell (the property to be sold, accurately describing the same), for (the value to be received by the City of Guthrie, precisely stated).”
If the majority of the votes cast in said election shall be in the affirmative, then the City Council shall have the power hereby conferred, but not otherwise.
No real property may be disposed of by gift unless such gift is valid within the constraints of the Oklahoma State Constitution and unless such gift is submitted to a vote of the electors of the City in the same manner as provided for herein for property exceeding the value of Twenty-five Thousand Dollars ($25,000.00). “Value,” as used herein, shall mean market value as defined by law.
The City Council has the power to enact municipal legislation subject to limitations as may now or hereinafter be imposed by the Oklahoma Constitution; provided, that all ordinances, resolutions, rules and regulations now in force in the City of Guthrie not in conflict with the provisions of this Charter, as amended, shall remain in full force and effect until altered, amended or repealed by the City Council.
The general power of the City Council to enact legislation shall include, but not be limited to, the power to establish by ordinance land use regulations including, but not limited to, planning, zoning, subdivision regulations and all other regulations regarding land use management within the corporate limits, the power to establish by ordinance building codes and building regulations, the power to establish by ordinance collective bargaining procedure, rules and regulations, the power to establish by ordinance an Historical Preservation District, and the power to establish by ordinance rules and regulations governing the drilling of oil and gas wells, water wells and disposal wells, within the corporate limits of the City.
Except for the purposes of inquiry, the Council and its members shall deal with the administrative service of the City solely through the City Manager. The Council and its members may not:
1. Direct or request the City Manager or other authority to appoint or remove employees of the City.
2. Participate in any manner in the appointment or removal of employees of the City, except as provided by law.
3. Give orders on ordinary administrative matters to any subordinate of the City Manager, either publicly or privately.
The word “employee,” as used herein, shall not include appointive officers, either appointed by the Mayor or Council.
In addition to the powers hereinabove or hereinafter enumerated, the City Council shall be vested with all powers of the City of Guthrie bestowed on the City of Guthrie by the Constitution of the State of Oklahoma, this Charter, and such powers as are vested upon statutory cities by the Statutes of the State of Oklahoma, as now exist or are hereinafter enacted, including, but not limited to, the determination of matters of policy; providing that where any provisions of the Charter shall be in conflict with any law or laws relating to Cities, the provisions of the Charter shall prevail.
(a) This section shall constitute a limit on the legislative power of the City Council as to the matters included herein, and not otherwise.
(b) Precedent to an increase in water or sewer rates within the control of the City of Guthrie, such increase proposal must be submitted to the legal voters of the City for their approval or rejection at the next regular general election, or at a special election which might be called for said purpose. This section is self-executing and shall supersede all provisions in conflict therewith; legislation may be enacted to facilitate its operations but no ordinance shall limit or restrict the provisions thereof.
(c) If any word, sentence, clause or phrase in this section shall be declared for any reason invalid by a court of competent jurisdiction, then such shall be stricken or another word, sentence, clause or phrase shall be inserted so as to render this section valid, and the entire section shall not be affected thereby.
(Approved by electors, 8-23-2016)
The City Manager shall be the administrative head of the municipal government responsible only to the Council. He or she shall not, during his or her tenure of office, be a regular employee or perform any duties for any person, firm, corporation or institution other than the City of Guthrie, and shall not, be interested in the profits or emoluments of any contract, job, work or service of the City. At the time of his or her appointment, he or she need not be a resident of the City or State, but during his or her tenure of office, he or she shall reside within the City limits or within the Guthrie school district. In addition to the general powers of administration the City Manager shall have the special powers and duties herein enumerated, and shall be directly responsible to the Council for the proper administration thereof, to-wit:
1. Administer, monitor and take any appropriate measures to ensure the proper enforcement of all laws and ordinances governing the City by the appropriate City department;
2. Appoint and when necessary at any time for the good of the service, remove, demote, lay off or suspend, all heads of administrative departments and other administrative officers and employees of the City, except such deputies or assistants authorized by the Council to be hired by appointive officers (see Article 2, Section 2-15), without regard to age, race, color, religion, ancestry, national origin, sex or place of birth. The City Manager, by written directive, may authorize the head of a department, office or agency, to appoint and remove the subordinates in such department, office or agency;
3. Exercise actual management, control and supervision over all departments of the City Government and exercise all other administrative functions, except as otherwise in this Charter provided;
4. Recommend to the Council for adopting such ordinances, rules, regulations, measures, or policies as he may deem necessary or expedient;
5. Keep the Council fully advised as to the financial condition of the City;
6. Ascertain that all franchise rights and provisions are justly enforced; and ascertain that all leases and contracts with the City are enforced; and notify the Council at least thirty (30) days prior to expiration of such leases or contracts;
7. Prepare a budget annually and submit it to the Council and be responsible for the administration of the budget after it goes into effect; the budget shall include both operating needs and capital improvement needs; and recommend to the Council any changes in the budget which he deems to be desirable;
8. Submit to the Council a report at the end of the fiscal year on finances and administrative activities of the City for the preceding year; and
9. Perform such other duties as may be prescribed by law or ordinance.
(Approved by electors, 4-7-2009)
Statutory reference:
Duties, see 11 O.S. § 10-113
Cross-reference:
City Manager, see § 1-20
The City Manager, by letter filed with the City Clerk, may appoint a qualified administrative officer of the City to be acting City Manager during the temporary absence or disability of the City Manager. The Council may appoint an acting City Manager whenever;
1. The Manager fails to make such designation;
2. The Council suspends the City Manager; or
3. There is a vacancy in the office of City Manager.
Cross-reference:
City Manager, see § 1-20
The City Manager shall give bond in the sum of Twenty Thousand Dollars ($20,000.00), or such sum as may be provided by ordinance.
Cross-reference:
City Manager, see § 1-20
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