ADOPTING ORDINANCE

ORDINANCE NO. 1092

AN ORDINANCE ADOPTING AND ENACTING A CODE OF ORDINANCES OF THE CITY OF SEMINOLE, OKLAHOMA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREAFTER PROVIDED; PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE; PROVIDING FOR SALE AND COPIES IN THE CLERK'S OFFICE; PROVIDING FOR SUPPLEMENTS OR CHANGES TO CODE; AND DECLARING AN EMERGENCY.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEMINOLE, OKLAHOMA:

Section 1 Title.

A code and revision of the ordinances of the city of Seminole is hereby adopted as the "Code Of Ordinances, City Of Seminole, Oklahoma," or by any other properly identifying designation.

Section 2 Code Supersedes Other Ordinances.

This code shall be treated and considered as a new and comprehensive compilation of ordinances of the city which shall supersede all other general and permanent ordinances enacted by the council prior to October 15, 2008. However, all provisions which are incorporated by reference are expressly saved from repeal and shall continue in full force and effect.

Section 3 Effective Date Of Code, Repeal.

All provisions of this code shall be in full force and effect from the date this ordinance becomes law. All ordinances of a general and permanent nature of the city in effect on or before October 13, 2008, and not in the code or recognized and continued in force by reference herein and which are in conflict herewith, are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided.

Section 4 Ordinances Not Repealed.

The repeal provided for in section 3 hereof shall not affect 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 this ordinance; nor shall the repeal affect 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 obligation assumed by the city; nor shall the repeal affect the administrative regulations or resolution of the city council not in conflict or inconsistent with the provisions of the code; nor shall the repeal affect any right or franchise granted by any ordinance or resolution of the city council to any person, firm or corporation; nor shall the repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, vacating, etc., any street or public way in the city; nor shall the repeal affect any annual budget or salary ordinance; nor shall the repeal affect any ordinance levying or imposing taxes; nor shall the repeal affect any ordinance establishing and prescribing the street grades of any street in the city; nor shall the repeal affect any ordinance providing for local improvements and assessing charges therefor; nor shall the repeal affect any ordinance extending the limits of the city; nor shall the repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance. The continuance in effect of temporary or special ordinances and parts of ordinances, although omitted from the code, shall not be affected by such omission therefrom; and the adoption of the code shall not repeal or amend any such ordinance or part of any such ordinance.

Section 5 Code Not New Enactment.

The provisions appearing in this code, so far as they are the same as those ordinances existing at the time of the effective date of this code, shall be considered as continuations thereof and not as new enactments.

Section 6 Ordinances Adopted After Effective Date Of Code.

Ordinances and parts of ordinances of a permanent and general nature passed or adopted after the effective date of this code may be passed or adopted either:

1.   In the form of amendments to the code of ordinances adopted by this ordinance; or

2.   Without specific reference to the code.

In either case, all such ordinances and parts of ordinances shall be deemed amendments to the code. All of the substantive permanent and general parts of such ordinances and changes made thereby in the code shall be inserted and made in the code whenever authorized or directed by motion, resolution or ordinance of the council, as provided hereinafter.

Section 7 Supplements To Code.

Any modification or supplement to the code of ordinances shall be updated electronically and/or printed as authorized by the city council. A change to the code shall include all substantive permanent and general parts of ordinances passed by the council or adopted by initiative and referendum during the period covered by the change and all changes made thereby in the code. All changes shall be so numbered that they will fit properly into the code and, where necessary, replace provisions which have become obsolete or partially obsolete, and new provisions shall be so prepared that, when they have been inserted, the code will be sequentially numbered and updated as required. The city clerk shall be responsible for updating all official copies of the code maintained by the city and placed in the Seminole County law library as required by state statute.

Section 8 Sale Of Copies Of The Code.

The city clerk is hereby authorized and directed to sell copies of the code of ordinances to the public at a price determined from time to time by motion or resolution of the city council.

Section 9 Copy Of Code In Clerk's Office.

A copy of the current code as amended or supplemented from time to time shall be kept on file in the office of the city clerk. This copy of the code shall be available for all persons desiring to examine it; it shall be considered by the city clerk as may be required.

Section 10 Preparation Of Code.

The code of ordinances hereby adopted was prepared by Sterling Codifiers and consists of seventeen (17) titles, all of which have been examined, considered and approved by the council of the city of Seminole and adopted by compliance with sections 14-109 et seq. of title 11 of the Oklahoma Statutes.

Section 11 Emergency.

Reference being made to "section 3" hereinbefore set out, it is immediately necessary for the preservation of the peace, health and safety of the city and the inhabitants thereof that the provisions of this code not heretofore enacted be put into full force and effect. An emergency is hereby declared to exist, by reason whereof this ordinance shall take effect and be in full force from and after its passage, as provided by law.

   PASSED AND APPROVED this 10th day of February, 2009, by the mayor and city council of the city of Seminole, Oklahoma.

          _______________________

         Mayor Chayne Fisher

ATTEST:

_______________________

Jay F. Cox, city clerk

(SEAL)

Approved:

_______________________

Brad Carter, city attorney