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AN ORDINANCE ADOPTING AND DESIGNATING THE CITY CODE OF PONCA CITY, 2017 (THE "2017 CODE"); PROVIDING FOR THE REPEAL OF CERTAIN PRIOR ORDINANCES; PROVIDING THAT CERTAIN PRIOR ORDINANCES SHALL REMAIN IN FORCE; ACCEPTING THE PUBLISHER'S AFFIDAVIT; DIRECTING THE CITY CLERK TO TAKE CERTAIN ACTIONS; PROVIDING A SUMMARY OF CONTENTS OF THE 2017 CODE AS REQUIRED BY 11 O.S. 2001, §§14-108(C) AND 14-107(A); PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PONCA CITY, OKLAHOMA:
Section 1. A doption and designation.
The ordinances and codes of a general and continuing character affecting the public at-large of the City of Ponca City ("City"), having been compiled and codified by the authority of the Ponca City Board of Commissioners pursuant to the terms of a certain agreement entered into by and between the City and Sterling Codifiers, Inc. of Coeur d'Alene, Idaho ("Sterling Codifiers"), are hereby approved, adopted and ordained to be the code of ordinances of the City upon the subjects therein set out and said ordinances shall be in full force and effect from and after the date hereinafter specified. The code of ordinances, consisting of Titles 1 - 12, each inclusive, is hereby adopted and enacted as the "City Code of Ponca City, 2017," (the "2017 Code"), which Code shall supersede all general and permanent ordinances of the City adopted on or before September 1, 2017, through Ordinance No. 5977 to the extent provided in Section 3 hereof.
Section 2. Title 1 chapter 1 section 1 of the Ponca City Code shall be amended to read
Upon the adoption by the Board of Commissioners, this city code is hereby declared to be and shall hereafter constitute the official city code of Ponca City. This city code of ordinances shall be known and cited as the CITY CODE OF PONCA CITY (2017), and is hereby published by authority of the board of commissioners of the city of Ponca City, Oklahoma, and shall be supplemented to incorporate the most recent legislation of the city as provided in section 1-1-4 of this chapter. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this city code by title in any legal documents.
Section 3. Repeal of prior ordinances.
All prior codified City ordinances of a general and permanent nature enacted on or before September 1, 2017, and not included in the 2017 Code or recognized and continued in force by reference therein and except as are preserved by Section 4, are hereby repealed; and, in addition, all prior un-codified City ordinances or parts of ordinances of a general and permanent nature and enacted prior to September 1, 2017, that conflict with the provisions of the 2017 Code are hereby repealed to the extent of such conflict.
Section 4. Exclusions to repeal of prior ordinances.
That the repeal provided for in Section 3 hereof shall not affect any of the following:
(a) 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 such Code.
(b) Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligations assumed by the City.
(c) Administrative ordinances or resolutions of the Commission not in conflict or inconsistent with the provisions of such Code.
(d) Any right or franchise granted by any ordinances of the City.
(e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the City.
(f) Any appropriation ordinances.
(g) Any ordinance levying or imposing taxes.
(h) The zoning ordinance or any amendment thereto.
(i) Any ordinance establishing or prescribing grades in the City.
(j) Any ordinance providing for local improvements and assessing taxes therefor.
(k) Any ordinance dedicating or accepting any plat or subdivision in the City.
(l) Any ordinance extending or contracting the boundaries of the City.
(m) Any ordinance prescribing the number, classification, or compensation of any City officers or employees, not inconsistent herewith.
(n) Any ordinance declaring certain property to be a public nuisance and authorizing procedures for the demolition of same.
(o) Any ordinance or resolution prescribing specific parking restrictions, no parking zones, specific speed zones, parking meter zones, and specific stop or yield intersections, or other specific traffic regulations.
(p) Any ordinance setting or establishing fees for licenses, permits, utility services or any other services issued or performed by the City.
Section 5. Repealer to not revive certain ordinances.
The repeal provided for in Section 3 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.
Section 6. Acceptance of the publisher's affidavit, City Clerk's certificate, and entry of certain findings in official minutes of the Board of Commissioners.
The City Clerk has certified to the Board of Commissioners that he has received a publisher's affidavit from Sterling Codifiers, Inc., which is attached as Exhibit "B" and incorporated and made a part hereof, and it is the finding of the Board of Commissioners that the copies of the City Code of Ponca City, 2017, received from Sterling Codifiers, Inc., are true and correct copies of the manuscript for said Code as authorized and said finding shall be entered in the official minutes of the Board of Commissioners. The City Clerk's certification is attached hereto as Exhibit "C."
Section 7. Directions to City Clerk.
The City Clerk, upon publication of the 2017 Code by Sterling Codifiers, Inc., is hereby directed to take all actions necessary to comply with the provisions of the Ponca City Charter and Article XIV of Title 11 of the Oklahoma Statutes concerning the codification of the ordinances of the City.
Section 8. Summary of contents of 2017 Code.
As required by 11 O.S. 2011, § 14-108(C) and 14-107(A), the contents of the 2017 Code are hereby summarized as follows: [See Exhibit A, "Summary of Contents of 2017 Code," attached to this Ordinance as adopted by the Ponca City Board of Commissioners and on file in the Office of the Ponca City Clerk].
Section 9. Effective date.
The provisions of Sections 1 through 7, inclusive, of this Ordinance shall take effect on the 1st day of November 2017.
ORDAINED and PASSED by the Board of Commissioners of Ponca City, Oklahoma this 9th day of October, 2017.
SIGNED by the Mayor of the City of Ponca City on the 9th day of October, 2017.
Marc LaBossiere, City Clerk Homer Nicholson, Mayor
APPROVED AS TO FORM:
Michael Vanderburg, City Attorney
SUMMARY OF CONTENTS OF 2017 CODE
Pursuant to the requirements of Title 11 O.S. §§ 14-108(C) and 14-107(A) the title and a brief gist or summary of the provisions of the re-codified City Code of Ponca City, as adopted by Ordinance of the Board of Commissioners October 9, 2017, is hereby ordered published in conformity with the provisions of said section and for the purpose of such publication a summary of the provisions of said Code are hereby given as follows:
Boards and Commissions
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Public Health and Safety
Motor Vehicles and Traffic
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