ADOPTING ORDINANCE

ORDINANCE NO. 948

AN ORDINANCE ADOPTING A COMPILATION AND GENERAL CODE OF ORDINANCES FOR THE CITY OF KINGFISHER, OKLAHOMA, TO BE KNOWN AS THE "2013 KINGFISHER CITY CODE", INCLUDING ORDINANCES DEFINING OFFENSES AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE SAME; REPEALING PREVIOUS CODIFICATIONS AND ORDINANCES IN CONFLICT WITH THE 2013 KINGFISHER CITY CODE, EXCEPT CERTAIN ORDINANCES EXCEPTED PROVIDING AN EFFECTIVE DATE OF THE 2013 KINGFISHER CITY CODE SAVING ALL PENDING PROCEEDINGS AND EXISTING RIGHTS AND REMEDIES AND PROVIDING FOR SEVERABILITY.

BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF KINGFISHER, OKLAHOMA:

   SECTION 1. ADOPTION OF THE 2013 KINGFISHER CITY CODE

   The ordinances and codes of a general, permanent and continuing character affecting the public at-large of the city of Kingfisher ("city"), except for those designated in this ordinance, have been compiled and codified under the authority of the Kingfisher board of city commissioners pursuant to the terms entered into by and between the city and Sterling Codifiers of Coeur d'Alene, Idaho are hereby approved, adopted and ordained to be the code of ordinances of the city upon the subjects set out in the code. This code of ordinances shall be in full force and effect from and after the date or dates specified in this ordinance. The code of ordinances, consisting of titles 1 through 13, each inclusive, and all indexes or appendixes thereto, and including ordinance no. 945, enacted January 14, 2013, are hereby adopted and enacted as the "2013 Kingfisher city code", which code shall supersede all general and permanent ordinances of the city adopted on or before January 14, 2013, to the extent provided in this ordinance.

   SECTION 2. SUPPLEMENTAL ORDINANCES

   Any ordinances amending the Kingfisher city code, adopted on final passage after January 14, 2013 shall be construed as if they amend or refer to like provisions of the 2013 Kingfisher city code. Any and all supplements, additions and amendments to the Kingfisher city code, when passed in such form as to indicate the intention of the board of city commissioners to make the same a part of the 2013 Kingfisher city code, shall be deemed to be incorporated into the 2013 Kingfisher city code, so that reference to the 2013 Kingfisher city code shall be understood and intended to include such supplements, additions and amendments as part of the 2013 Kingfisher city code.

   SECTION 3. EXCEPTIONS

   All ordinances enacted subsequent to ordinance no. 945, which was enacted January 14, 2013, are not included in the codified publication as of the effective date of this ordinance and it is hereby provided that all such ordinances shall continue in full force and effect from and after this date until repealed.

   SECTION 4. SPECIAL AND TEMPORARY ORDINANCES EXCLUDED

   Special and temporary ordinances are expressly excluded and omitted from the 2013 Kingfisher city code, but, regardless of their exclusion, shall remain in full force and effect until expressly repealed. These special and temporary ordinances include, but are not limited to street, alley and easement closing ordinances, budget ordinances, rezoning ordinances, development moratorium ordinances, annexation ordinances and codification ordinances.

   SECTION 5. REPEAL

   All prior codified city ordinances of a general and permanent nature adopted on final passage on or before January 14, 2013, and not included in the 2013 Kingfisher city code or recognized and continued in force by reference in this ordinance are hereby repealed. In addition, all prior uncodified city ordinances or part of ordinances of a general and permanent nature and enacted prior to January 14, 2013, that conflict with the provisions of the 2013 Kingfisher city code are hereby repealed to the extent of such conflict.

   SECTION 6. DIRECTIONS TO CITY CLERK AND CITY ATTORNEY

   The city clerk and the city attorney, upon passage of this ordinance, are directed to take all actions necessary to comply with the provisions of title 11 Oklahoma Statutes, article XIV, concerning the codification of the ordinances of the city.

   SECTION 7. SUMMARY OF CONTENTS OF THE KINGFISHER CITY CODE

   As required by title 11 Oklahoma Statutes, sections 14-108(C), 14-107(A) and 14-106, the contents of the 2013 Kingfisher city code are summarized as reflected in exhibit "A", which is attached to the ordinance and incorporated here by reference.

   SECTION 8. SAVING CLAUSE

   Neither the repeal of any of said ordinances nor any of the provisions contained herein shall be deemed or construed to impair, modify, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the date when the 2013 Kingfisher city code described above shall take effect.

   SECTION 9. SEVERABILITY

   If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.

   SECTION 10. EFFECTIVE DATE OF THE KINGFISHER CITY CODE

   The 2013 Kingfisher city code shall be deemed to be in effect, in full force and operations as of twelve and one second (12:00:01) A.M. on Tuesday, October 1, 2013, provided that ordinances enacted subsequent to ordinance no. 945, which was enacted January 14, 2013 shall be deemed effective on the dates provided in such ordinances.

PASSED, APPROVED AND ADOPTED this 12th day of August, 2013

      /s/         Jack Stuteville, Mayor(Seal)ATTEST:

/s/   William T. Tucker, City ClerkAPPROVED:

/s/   Jared Harrison, City Attorney