Ordinance Adoption Checklist

REQUIREMENTS FOR PASSAGE

  • Ordinances must be adopted at a public meeting (11 O.S. §14-102)

  • Ordinances must be adopted by a MAJORITY of ALL members of the City Council or the Board of Trustees (11 O.S. § 14-102)

  • Ordinances must contain only one subject (11 O.S. §14-104)

  • The subject of the ordinance must be expressed in the title (11 O.S. §14-104)

EFFECTIVE DATE

  • Unless a later date is specified, Ordinances go into effect 30 Days after passage
    (11 O.S. §14-103)

  • If an Ordinance has an Emergency Clause, it goes into effect immediately, unless a later date is specified (11 O.S. §14-103)

EMERGENCY CLAUSE

  • Must be for the immediate preservation of peace, health, or safety (11 O.S. §14-103)

  • Must have a separate section the reasons why it is necessary for the Ordinance to become effective immediately (11 O.S. §14-103)

  • The Emergency Clause must be voted on separately (11 O.S. §14-103)

  • The Emergency Clause MUST be approved by ¾ of ALL members of the Governing Body
    (11 O.S. §14-103)

PUBLICATION

  • No ordinance having a subject other than the appropriation of money will be in force unless it is published in full within fifteen (15) days of passage (11 O.S. §14-106)

  • Ordinances passed with an Emergency Clause attached may be published by title only
    (11 O.S. §14-107 (E))

  • Compilations or codes of law or regulations such as traffic, building, plumbing, electric, which the municipality may regulate may be published by title with a summary of their contents (11 O.S. §14-107(A))

  • The publisher or managing officer of the newspaper shall prefix to the ordinance a line in brackets stating the date of publication as “Published______” giving the month, day and year of publication (11 O.S. §14-106)

ORDINANCE BOOK

  • Every ordinance must be entered into an ordinance book immediately after its passage
    (11 O.S. §14-105)

  • The entry shall contain the following:

    • The text of the ordinance (11 O.S. §14-105)

    • The date of passage (11 O.S. §14-105)

    • The page of the journal containing the record on the final vote on its passage
      (11 O.S. §14-105)

    • The name of the newspaper in which the ordinance was published
      (11 O.S. §14-105)

    • The date of publication (11 O.S. §14-105)

  • Compilations or codes of municipal law or regulations are not required to be in full in the book, but the ordinance adopting them by reference or enacting the compilation shall be entered and a compilation of the code shall be on file with the municipal clerk (11 O.S. §14-105)

BUILDING CODES COMPILED OR ADOPTED BY REFERENCE

  • Ordinances adopting building standards shall adopt and enforce Codes adopted by the Oklahoma Uniform Code Commission (11 O.S. §14-107(B))

  • Cities and Towns may enforce Codes more restrictive than those adopted by the Oklahoma Uniform Code Commission 30 days after the submittal to the Commission
    (11 O.S. §14-107(D))

  • One copy of the codes adopted by reference shall be kept in the municipal clerk’s office
    (11 O.S. §14-107(A))

  • Copies of the ordinances, codes or compilations must be available for distribution or sale at a reasonable price (11 O.S. §14-107(A))

CODIFICATION OF ORDINANCES

  • The governing body may authorize a codification of its ordinances (11 O.S. §14-108)

  • The code may be kept current by use of a loose-leaf system and process for amendment
    (11 O.S. §14-108)

  • Three copies of the Code shall be kept in the office of the municipal clerk for public use, inspection, and examination (11 O.S. §14-108)

  • The municipal clerk shall keep copies of the code for distribution or sale at a reasonable price (11 O.S. §14-108)

MANDATORY COMPILATION OF PENAL ORDINANCES

  • Penal Ordinances shall be compiled and published in permanent form no less than once every ten (10) years (11 O.S. §14-109)

  • Penal Ordinance Supplements shall be published every other year (11 O.S. §14-109)

  • Penal Ordinances shall not be enforced until they have been placed in a permanent volume as supplemented (11 O.S. §14-109)

  • Codification of Ordinances which include Penal Ordinances is sufficient for complying with compilation if it is issued in a permanent volume with biennial supplements and Notice Requirements of 11 O.S. § 14-110 have been met (11 O.S. §14-109)

  • The 10-year codification requirement shall be satisfied if the Code complies with the compilation requirement and the

  • biennial supplements are made a part of the permanent volume (11 O.S. §14-109)

  • See House v. Town of Dickson, 2007 OK 57

NOTICE AND FILING OF PENAL ORDINANCES

  • Municipal Governing bodies shall adopt a Resolution notifying the pubic of the compilation of the Penal Ordinances and biennial supplements (11 O.S. §14-110)

  • A copy of the Resolution shall be filed in the office of the county clerk in each county in which the municipality is located. The county clerk shall assign the filed resolution a book and page number (11 O.S. §14-110)

  • One copy of the penal code and the biennial supplements shall be filed in the county law library of each county where the municipality is located and the librarian shall duly note receipt in writing (11 O.S. §14-110)

  • A copy of the written receipt may be filed with the county clerk who shall assign a book and page number (11 O.S. §14-110)

  • The Code and any biennial supplements shall be available for purchase at a reasonable price (11 O.S. §14-110)

MISCELLANEOUS

  • Enabling Clause for cities: “Be it ordained by the Council of the City of _____,”
    (11 O.S. §14-104)

  • Enabling Clause for towns: “Be it ordained by the Board of Trustees of the Town of _____.”
    (11 O.S. §14-104)

  • Ordinances which have been compiled and filed in accordance with the provisions of 11 O.S. §14-110 shall be judicially noticed in all court proceedings (11 O.S. §14-110)

2019 Municipal Budget Act Checklist

IMPORTANT DEADLINES

  •  Before June 1st – Budget Prepared by CEO & Presented to the Governing Body [11 O.S. §17-205]

  •  Before June 16th – Public Hearing [11 O.S. § 17-208]

  • Publish Notice of Date, Time, & Place of the Hearing and the Budget Summary at Least 5 Days Before the Public Hearing [11 O.S. §17-208]

  • Published on the Municipal Website & in a Newspaper of General Circulation [11 O.S. §17-208]

  • Copies of the Budget Available with the Municipal Clerk [11 O.S. §17-208]

  • Before June 24th – Adopt the Budget by Resolution [11 O.S. §17-209(A)]

  • July 1st – Beginning of the Fiscal Year

  • July 30th – Adopted Budget Transmitted to the State Auditor [11 O.S. §17-209(B)]

 BUDGET BY FUNDS & DEPARTMENTS

  • Does Not Apply to Budgeting by Purpose [11 O.S. §17-217-218]

  • Includes a Budget Summary [11 O.S. §17-206(B)(1)]

  • Includes a Budget Message – Explains the Budget and its Important Features [11 O.S. §17-206(B)(2)]

  • Tabular Form for Each Fund, Itemized by Department & Account Showing:

  • Actual Revenues & Expenditures for the Immediate Prior Fiscal Year [11 O.S. §17-206(B)(4)(a)]

  • Revenues & Expenditures for the Current Fiscal Year as Adopted or Amended [11 O.S. §17-206(B)(4)(b)]

  • Estimates of Revenues & Expenditures for the Budget Year [11 O.S. §17-206(B)(4)(c)]

 IMPORTANT REQUIREMENTS OF THE BUDGET

  • Resolution That the Governing Body Elects to Come Under the Provisions of the Municipal Budget Act [11 O.S. §17-203]

  • Budgeted Expenditures Cannot Exceed the Estimated Revenues [11 O.S. §17-206(C) & 11 O.S. §17-209(A)]

  • No More Than 10% of any Fund can be Budgeted for Miscellaneous Expenses [11 O.S. §17-206(C)]

  • Expenditures Cannot Exceed 90% of Appropriations for Any Fund Until Actual Revenues Equal to Estimate are Received [11 O.S. §17-211(B)(2)]

  • Determine Needs of the Municipality for Sinking Fund Purposes & Include Those Requirements in the Debt Service Fund Budget [11 O.S. §17-207]

  • File the Estimate of Needs with the County Excise Board (11 O.S. §17-209(B))

  • Budget Shall Present a Complete Financial Plan (Past & Anticipated Revenues & Expenditures) [11 O.S. §17-206(A)]

 FISCAL YEAR REVIEW

  • Submit All Contracts That Require Annual Approval

  • Submit Annual Contract Renewals for Approval

  • Determine if Sales Tax Pledges Need to be Renewed or Appropriated

 BUDGET AMENDMENTS/TRANSFER OF FUNDS

  • CEO as Authorized by the Governing Body May Transfer Unexpected/Unencumbered Appropriations from One Department to Another Within the Same Fund (so Long as no Appropriation for Debt Service or Other Appropriation Required by Law or Ordinance is Reduced by Minimums Required) [11 O.S. §17-215(A)]

  • Governing Body May Transfer Enterprise Funds to Another Fund [11 O.S. §17-215(B)]

  • Governing Body May Transfer Funds When the Necessity for Maintaining a Fund Has Ceased [11 O.S. §17-215(C)]

  • Budget Amendments Must be:

    • Adopted by the Governing Body [11 O.S. §17-216(A)]

    • Filed with the Municipal Clerk & the State Auditor [11 O.S. §17-216(C)]

    • Used for Revenues Received or Not to be Received [11 O.S. §17-216(B)]

    • Used for Unexpended or Unencumbered Fund Balances at the End of the Fiscal Year [11 O.S. §17-216(B)]

    • Used if Insufficient Revenues or Emergency Expenditures to Transfer Funds [11 O.S. §17-216(B)]

    • Also Used to Reduce Appropriations [11 O.S. §17-216(B)]

 CONSTITUTIONAL PROVISIONS

  • Ensure Taxes Are Being Levied & Collected for Public Purposes Only [Art. X, Okla Const. §14]

  • Ensure Taxes Levied & Collected for One Purpose Are Not Devoted to Another Purpose [Art. X, Okla Const., §19]

  • Ensure No Appropriations for any Corporation, Association or Individual (No Appropriations for Private Enterprises) [Art. X, Okla Const. §17]

  • Ensure Not Pledging or Loaning its Credit to Any Individual, Corporation, or Association [Art. X, Okla Const. §15]

 REMINDERS

  • Taxpayer May File Protest Against the Levy of Ad Valorem Taxes Within 15 Days  [11 O.S. §17-210]

  • If No Protest is Filed, the Budget & Any Appropriations Thereof Are Legal & Final Unless Amended by the Governing Body [11 O.S. §17-210]

  • Expenditures Incurred, Made, or Authorized Which Exceeds the Fund Balance [11 O.S. §17-211(C)]:

    • Becomes the Obligation of the Officer or Employee

    • Is Not Enforceable Against the Municipality

    • Forfeits Their Office

    • Subject to Civil & Criminal Penalties

    • Expenditure is Void

    • Budget as Appropriated Constitutes an Appropriation for Each Fund [11 O.S. §17-209(C)]

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