ADOPTING ORDINANCE
ORDINANCE 2016-258
THE CITY OF LONE GROVE
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF LONE GROVE, OKLAHOMA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES; PROVIDING FOR PENALTIES FOR THE VIOLATIONS THEREOF; PROVIDING FOR LIMITATION OF EFFECT; PROVIDING FOR AVAILABILITY AND AMENDMENT; PROVIDING FOR CUSTODY AND ALTERATION; PROVIDING FOR VALIDITY; PROVIDING AN EFFECTIVE DATE FOR SUCH THE CITY OF LONE GROVE CODE AND THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LONE GROVE, OKLAHOMA:
1. Section One: TITLE. The city of Lone Grove, Oklahoma code of ordinances, consisting of titles 1 through 15, inclusive, in the form attached hereto, is hereby officially re-adopted and re-enacted as the "Lone Grove city code", and from the effective date set out herein, shall be considered and treated as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the city passed on or before the 16th day of November, 2015, except as are expressly saved from repeal or continued in force and effect for any purpose.
2. Section Two: REPEAL. All ordinances of a general and permanent nature enacted on or before November 16, 2015, and not included in the code or recognized and continued in force by reference therein, are hereby repealed, except such as are included in this code or are by necessary implication herein reserved from repeal.
3. Section Three: EXCEPTION. The repeal provided for in section two hereof shall not be construed to revive any ordinance or part thereof that has been heretofore repealed by a prior ordinance that is itself repealed by this all encompassing ordinance.
4. Section Four: PENALTY. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be penalized as provided in section 1-4-1 of such code. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, administrative sanctions, injunctive relief and revocation of licenses or permits.
5. Section Five: LIMITATION. This ordinance shall not affect any punishment or penalty or any action based on any general and permanent ordinance of the city superseded by this ordinance incurred before the effective date of this ordinance, nor any suit, prosecution or proceeding pending at the time of the effective date of this ordinance for any office committed or cause of action arising before the effective date of this ordinance and said prior general and permanent ordinance as heretofore existing shall continue in full force and effect for said limited purposes.
6. Section Six: ADDITIONS OR AMENDMENTS. Additions or amendments to the code when passed in such form as to indicate the intention of the city council to make the same a part of the code shall be deemed to be incorporated into the code, so that reference to the code shall automatically include any additions, modifications and/or amendments.
7. Section Seven: LATER ORDINANCES. Ordinances adopted after November 16, 2015, that amend or refer to ordinances that have been codified in the code shall be construed as if they amend or refer to like provisions of the code.
8. Section Eight: CODE AVAILABILITY. At least one certified copy of the code shall be kept in the Lone Grove city clerk's office at city hall and shall be available for public use and inspection during regular office hours by all persons desiring to inspect and examine such code. The code shall not be subject to removal from the building without the express permission of the city manager and the mayor. Copies of requested pages or sections of the code shall be made for persons requesting, and the city clerk shall charge a copying fee therefore.
9. Section Nine: CODE AMENDMENT. It shall be the duty of the city clerk or designee to update and properly file the code so as to be in compliance with the statutes of the state of Oklahoma.
10. Section Ten: CODE ALTERATION. It shall be deemed unlawful for any person to alter, change, replace or deface in any way any section or any page of this code in such a manner that the meaning of any phrase or order may be changed or omitted. Any officer or person having custody of an official copy of this code shall make every effort to maintain this code in an up-to-date and efficient manner. Said code books, while in actual possession of officials and other interested persons, shall be and remain the property of the city of Lone Grove and shall be returned to the office of the city clerk when directed to do so by the city clerk or the city council. No person shall mark on the code book, high-light any provision, or make any alteration on any page, including the margins.
11. Section Eleven: PREPARATION AND VALIDITY. The code of ordinances hereby adopted consists of the charter and fifteen (15) titles which have been reviewed and approved by the mayor and the city council of the city of Lone Grove and adopted in toto by compliance with title 11, section 14 of the Oklahoma Statutes.
12. Section Twelve: OMISSION STATEMENT. The code hereby re- adopted and re-enacted is intended to codify and thereby supersede all general and permanent ordinances of the city of Lone Grove passed on or before November 16, 2015, and to the extent that any general and permanent ordinance of the city has not been included in the code, by oversight or otherwise, said omitted ordinance(s) shall continue in full force and effect until their inclusion herein.
13. Section Thirteen: SEVERABILITY CLAUSE. If any portion of this code or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portion of this code, or any part thereof. The city council of Lone Grove, Oklahoma hereby declares that it is its expressed intent that it would have passed and/or adopted each portion or part thereof irrespective of the fact that any portion or part thereof be declared unconstitutional, invalid or ineffective.
14. Section Fourteen: ACCEPTANCE. This code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this state as the ordinance of the city of general and permanent effect, except as may be excluded in section two.
15. Section Fifteen: EFFECTIVE DATE. This ordinance shall be in full force and effect on the 16th day of March, 2016.
ADOPTED by an affirmative vote of the majority of the city council members this 16th day of February, 2016, at Lone Grove, Oklahoma.
By: /s/
Carl McCutchen, Mayor
Attest: /s/
JL Self, City Clerk
CERTIFICATION
I, JL Self, duly appointed city clerk of the city of Lone Grove, county of Carter, and state of Oklahoma, do hereby certify that the foregoing is a true copy of ordinance 2016-258 adopted by the city council of the city of Lone Grove at the regular scheduled meeting held on 16th day of February, 2016, at which a quorum was present.
IN WITNESS WHEREOF, I have affixed my official signature and city seal this 16th day of February, 2016.
Signed: /s/
JL Self, City Clerk
Attest: /s/
Ian O'Neal, City Manager