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APPROVAL OF GOVERNOROF AMENDED MUNICIPAL CHARTER

FILED - Oklahoma Secretary of State #4900000009 12/29/2010 16:2112/29/2010 02:35 PM

OKLAHOMA SECRETARY OF STATE

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IIIIIIII~IIII~II~II"~1111111n1111116011280001 Brad Henry

Governor

I, Brad Henry, Governor of the State of Oklahoma, pursuant to the powers vested in me by Article18 of the Constiultion of the State of Oklahoma and the provisions of Section 13-111 of Title t 1 of theOklahoma Statutes, proclaim the following:

1. On August 23, 2010, the I\1ayor and the City Council of the City of Bartlesville, County of\'('ashington, State of Oklahoma, by Resolution No, 3212, attached as "Exhibit AH directed propositions to beincluded on the ballot of an election for the purpose of submitting to the qualified voters amendments to thePreamble, Sections 3. 4, and 5 of Article I, Section 1, 2, 5, 6, 8, 9, 10, 12, and 13 of Article 2, Section 1 ofArticle 3, Section 1, 2, 3, and 6 of Article 4, Section 1, 5, 6, 8, 9, 10, 11, 12, 13, 15, 16, and 17 of Article 5,Section '1 of Article 7, and Section 9 of Article 9, Section 1 of Article 13, Sections 3, 4. 6, 7, 8, 10, and 14 ofArticle 16, and Section 1 of Article 18.

2. On November 2,2010, Preamble, Sections 3,4, and 5 of Article 1, Section 1,2, 5, 6, 8,9, 10, 12.and 13 of Article 2, Section 1 of Article 3. Section 1,2,3, and 6 of Article 4, Section 1,5,6, 8, 9,10, 11, 12,13, 15, 16, and 17 of Article 5, Section 1 of Article 7, and Section 9 of Article 9, Section J of Article 13,Sections 3, 4, 6, 7. 8, 10, and 14 of l\rticle 16, and Section 1 of Article 18 of the Charter of the City ofBartlesville, Oklahoma were submitted to the vote.

3. The Certificates of Authentication. attached as "Exhibit B", of the election certifies that saidpropositions were approved by a majority of those electors voting in the election.

THEREFORE, I find that the amendments are not in conflict with the Constiultion or laws of theState of Oklahoma and hereby approve the adopted amendments to be in full force and effect as provided bylaw.

A copy of this Approval of Governor shall be forwarded to the Ivlayor of the City of Bartlesville,Oklahoma.

IN \X'lTNESS \'{'HEREOF, I have hcreutyo set my hand and caused the Great Seal of the State ofOklahoma to be affixed at Oklahoma City, this~~ay of Decembe!, 2010.,

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Preamble

Art. 1.

Art. 2.

Art. 3.

Art. 4.

Art.5.

Art. 6.

Art.7.

Art.8.

Art. 9.

Art. 10.

Art. 11.

Art. 12.

Art. 13.

Art. 14.

Art.15.

o Art. 16.

Art. 17.

Art. 18.

Art. 19.

AMENDED CHARTER OF THE CITY OF BARTLESVILLE

Boundaries, Powers, Form of Government, Rights, Liabilities

Elective Officers, City Council

Nomination And Ejections

Recall Of Elective Officers

Appointive Officers

Appointments And Promotions

Initiative and Referendum

Public Utilities

Ordinances

The Budget

Audits and Reports

Labor

Public Library

Commissions, Boards, Committees, Departments

City Buildings, Playgrounds, Parks and Other Public Places

General Provisions

Succession In Government

Amendments

Schedule to Amended Charter

Preamble

We, the People of the City of Bartlesville, inthe State of Oklahoma, under the authorityof the Constitution of said State, in order toprovide for a more representative, efficient,and economical administration of municipalgovernment, do hereby adopt, ordain, ratify,and establish this Amended Charter of theCity of Bartlesville, Oklahoma, which shallbecome and be the organic law of the city,and shall supersede any existing charter andall laws affecting the organization andgovernment of the city which are in conflicttherewith. (Amended by vote of theelectorate at an election held on November2,2010.)

ARTICLE 1. BOUNDARIES, POWERS,FORM OF GOVERNMENT,

RIGHTS, LIABILITIES

Section 1. The inhabitants of the City ofBartlesville, in the State of Oklahoma,within the corporate limits as nowestablished or as hereafter established in themanner provided by law, shall continue tobe a municipal body politic and corporate, inperpetuity, under the same name and withthe same boundaries, with power andauthority to change its boundaries in themanner authorized by law.

Section 2. The City of Bartlesville, withinthe corporate limits as now established or ashereafter established in the manner providedby law, shall have perpetual succession, andshall succeed to, own, possess, and controlall the books, records, documents~ and theproperty, real, personal or mixed, togetherwith all choses in action and claims,belonging to and possessed by the said city,prior to and at the time of the adoption ofthis Amended Charter. It shall be subject to,and liable for, all legal debts, obligations,judgments and bonds for which said city isbound at the time this Amended Chartershall become effective.

Section 3. The municipal governmentprovided by this Amended Charter shall beknown as a council-manager form ofgovernment. Pursuant to its provisions andsubject only to the limitations imposed bylaw and by this Amended Charter, allpowers of the city shall be vested in anelective city council, hereinafter referred to

.as "the council," which shall enact locallegislation, adopt budgets, determinepolicies, and appoint such officers andemployees as it may deem necessary orconvenient for the execution andadministration of the government of the city.All powers of the city shall be exercised inthe manner prescribed by this AmendedCharter, or if the manner be not prescribed,then in such manner as may be prescribed byordinance. (Amended by vote of theelectorate at an election held on November2.2010.)

Section 4. The city shall have the power tosue and to be sued, plead and be impleaded,intervene, prosecute and defend in all courts;and shall have the power to make contractsand to acquire property, by purchase orotherwise, necessary for the public good andown, hold, sell, lease, conveyor otherwisedispose of any real or personal propertywithin or outside of the city limits. It shallhave the power within the limit prescribedby the State Constitution and laws to acceptand administer Federal and State grants-in­aids as it may deem necessary or convenientto accomplish the purpose or purposes ofwhich such grants may be made. (Amendedby vote of the electorate at an election heldon November 2, 2010.)

Section 5. The city shall have all the powersgranted to municipal corporations and tocities by the Constitution and general lawsof the State, not rendered inoperative by theadoption of this Amended Charter, with allthe implied powers necessary to carry intoexecution all the powers granted. The citymay acquire property within and without itscorporate limits for any city purpose, in fee

simple or any lesser interest or estate, bypurchase, gift, devise, lease, orcondemnation, and may sell, lease,mortgage, hold, manage and control suchproperty as its interests may require; and,except as prohibited by the Constitution ofthis State or restricted by this AmendedCharter, the city shall and may exercise allmunicipal powers, functions, rights,privileges, and immunities of every nameand nature whatsoever. The enumeration ofparticular powers by this Amended Chartershall not be deemed to be exclusive orlimiting and in addition to the powersenumerated herein or implied hereby, orappropriate to the exercise of such powers, itis intended that the city have and mayexercise all powers which, under theConstitution of this State, it would becompetent for this Anlended Charterspecifically to enumerate. The city shallhave legislative, executive, and judicialpower necessarily incident to, or proper in,the conduct of its business and affairs, andsuch as will promote the interests and securethe rights of its inhabitants, as fully as ifspecifically enumerated herein. Theenumeration of any particular powers shallin no wise limit the plenary powers aboveprovided for said city. No law relating tocities of the first class hereafter enacted bythe State of Oklahoma, shall operate as arepeal, diminution of limitation of thepowers conferred upon the city by thisAmended Charter. (Amended by vole of theelectorate aJ an election held on November2. 2010.)

ARTICLE 2. ELECTIVE OFFICERS,CITY COUNCIL

Section 1. Except as otherwise provided inthis Amended Charter, all powers of the cityand the determination of all matters ofpolicy shall be vested in the city council,subject to distribution and delegation of allsuch powers as may be provided in thisAmended Charter. Without limitation of theforegoing, the council may, if warranted:

(a) Appoint and remove persons to thosepositions enumerated in Article 2~

Section 5 to which the power ofappointment and removal is vested in theCity Council.

(b) Enact, implement and enforce locallegislation subject to such limitation asmay now or hereafter be imposed by theState Constitution and law.

(c) Raise revenue, make appropriations,regulate salaries and wages, and all otherfiscal affairs of the city, subject to suchlimitation as may now or hereafter beimposed by the State Constitution andlaw.

(d) Inquire into the conduct of any office,department or agency of the city andinvestigate municipal affairs or authorizesuch inquiry or investigation.

(e) Appoint or elect and remove by majorityvote its own subordinates, members ofcommissions, trusts, boards, and otherquasi-legislative or quasi-judicialofficers and authorities, when and ifestablished, or prescribe the method ofappointing or electing and removingthem.

ef) Regulate the organization andfunctioning of the municipal court and ofthe minor violations bureau, when and ifestablished, within the limits prescribedby the State Constitution and thisAmended Charter.

(g) Create, change and abolish offices,departments and agencies other than theoffices, departments and agenciesestablished by this Amended Charter;and assign additional functions andduties to offices, departments andagencies established by this AmendedCharter.

(h) Grant pardons, including the remissionof fines and costs, upon therecommendation of the municipal judge.

(i) Adopt a corporate seal and alter it atpleasure.

(Amended by vote of the electorate at anelection held on November 2, 2010.)

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Section 2. The council shall consist of fivemembers, one council member from each ofthe five wards of the city. The terms of themembers will be two years. For the purposeof transitioning from the prior elected termsof four years to terms of two years, electionswill be held for all wards on April 5, 2011,with the tenn to start on the first Monday ofMay, 2011, and the term of office for eachward will end when the new council issworn in on the first .Monday in Decemberof 2012. The first election for city councilmembers for two year terms wi 11 be inNovember of 2012, with the members to besworn in on the first Monday in Decemberfollowing the election. However, in theevent that the Governor does not approvethis Amended Charter in time to call for anelection for all wards to be held in April of2011, elections will be held in April of 2011for wards 1, 3 and 5, with the terms to starton the first Monday of May, 20 11, and theterms of office for these wards will end onthe first Monday of December, 2012, andthe terms of office for members from wards2 and 4 will end on the first Monday inDecember~ 2012. The council members shallbe qualified electors of the city for sixmonths prior to the time of their election andeach. council member must be a qualifiedresident of his respective ward for sixmonths prior to the time of his election.Each Council member's primary residenceshall be located in his ward and must remainso throughout the tenure of office. For thepurpose of this section, primary residenceshall mean the place where the councilmember actually resides for the majority ofeach calendar year and the address listed bythe council member as his abode forpurposes of reporting to State and Federalagencies and which would qualify for a"homestead exemption" of the property ifthe property is owned by the councilmember. If a council member ceases to be aresident of the ward in which elected torepresent, he shall thereupon cease to be amember of the council. However, a councilmember holding office prior to the adoptionof this Amended Charter may continue tohold office even if that member moves from

one ward to another within the city limits. Acouncil member must have a record free offelony convictions. A council member mustbe at least twenty-five (25) years of age atthe time of his election to office. No councilmember may hold any position in the citygovernment by appointment of the citymanager. A member of the city councilshaH hold no other public office whichwould constitute a conflict of interestaccording to State Statutes. (Amended byvote of the electorate at an election held onNovember 2,2010.)

Section 3. The number of wards of the cityshall not be changed except by amendmentof the Charter; but whenever it shall appearto the city council that it is to the bestinterest of the city to change either theboundary or name, or both the boundary andthe name, of any ward or wards of the city,the city council may, by a vote of two-thirdsof its members, order and cause the same tobe done. Provided, that no such changeshall be made until notice of the proposedchange shall be given thirty days thereto, byinserting a notice of such proposal at leastone time in a newspaper published in thecity. Provided, that if and when a petitionshall be presented to the council, signed byfifty-five percent of the qualified electors ofthe city, as shown by the preceding generalmunicipal election, praying for a change inthe name, number, or boundary of wards ofthe city, the council shall, within ten daysafter the filing of such petition, change suchwards to conform to the prayer of thepetition, but no such change shall takeeffect, except for election purposes, untilafter the next general election and until theinstallation ofofficers.

Section 4. The council members, beforeentering upon the discharge of the duties oftheir respective offices, shall each take andsubscribe the oath of office prescribed bythe Constitution of the State of Oklahoma,and such additional oath as may beprescribed by the city council.

Section 5. The city council shall appointfrom among its members a mayor and avice-mayor, requiring three affirmativevotes, who each shall serve terms of twoyears. The mayor or vice mayor may beremoved from their respective positions bythree affirmative votes. The mayor shallpreside at meetings of the council and shallcertify to the correct enroIlment of allordinances and resolutions passed by it. Heshall be recognized as head of the citygovernment for all ceremonial purposes andby the governor for purposes of military law.He shall have no regular administrativeduties except that he shall sign all warrants,checks, or other orders for the disbursementof money, conveyances, and such otherwritten obligations of the city as the councilmay require. The vice-mayor shall act asmayor during the absence or disability of themayor, and if a vacancy occurs, shallbecome mayor for the completion of theunexpire~ term. If, by succession to theoffice of mayor or otherwise, the office ofvice-mayor becomes vacant, the councilshall appoint another vice-mayor by threeaffinnative votes. The rights,responsibilities, authority and powers of themayor and vice mayor are restricted to whatthe Amended Charter specifically delineatesto the position of mayor and vice mayor.However, they shall have all of the rights,responsibilities, authority and powers as anyother duly elected representative of anyward. (Amended by vote of the electorate atan election held on November 2, 2010.)

Section 6. If a vacancy shall occur in theoffice of any council member the councilshall appoint an eligible person to fill thevacancy until the next general municipalelection, subject, as are other councilmembers, to recall. A vacancy shall existwhen an elective officer fails to qualifywithin thirty days after notice ofhis election,dies, resigns, moves from the ward electedfrom, unless subject to the grandfatherprovision set forth in Section 2 hereof,absents himself continuously for threemonths, except on account of sickness, isconvicted of a felony, is adjudged mentally

incompetent, or shall be recalled under theprovisions of this Amended Charter or maybe removed pursuant to State law. (Amendedby vote of the electorate at an election heldon November 2,2010.)

Section 7. The council shall hold regularmeetings on the first Monday of each month,and at such other time or times as thecouncil may, by ordinance, designate, andmay hold such adjourned meetings as it mayfind necessary or convenient for the dispatchof its business; provided, that if a regularmeeting falls on a legal holiday the meetingshall be held on the next succeeding day.Special meetings of the council may becalled by the mayor, or by three councilmembers, at any time, on such notice as thecouncil may prescribe by ordinance.

Section 8. The council shall sit with opendoors at all legislative sessions· and shallkeep a journal of all its proceedings, whichshall be a public record. (A mended by voteof the electorate at an election held onNovember 2.2010.)

Section 9. Within sixty (60) days of theapproval of the Amended Charter by theGovernor, meeting rules of procedure wi11be adopted by the city counci 1. They willremain in effect until modified by the citycouncil. Each city council elected insuccessor years will undertake a review ofthe rules of procedure to determine whetherchanges or additions are warranted. Inaddition, within sixty (60) days of theapproval of the Amended Charter by theGovernor, the city council shall adopt rulesregarding the process to be followed forappointment, replacement and removal ofmembers to all commissions, board andtrusts covered by the provisions of Article 2,Section 1 of the Amended Charter, whichprocess will remain in effect until modifiedby the city council. Each city council electedin successor years will undertake of reviewof the procedures to determine whetherchanges are appropriate. (Amended by voleof the electorate at an election held onNovember 2.2010.)

Section 10. A majority of the members ofthe council shall constitute a quorum for thetransaction of business. (Amended by vote ofthe electorate at an election held onNovember 2,2010.)

Section 11. The council members shallreceive no salary but shall be paid anattendance fee of ten dollars for eachmeeting of the council attended; but in noevent shall paymeot be made for more thanfour meetings of the council during anyonecalendar month.

Section 12. The terms of office of a newlyelected city council shall begin at 7:00o'clock p.m., on the first Monday of themonth following each election and they shallhold their first meeting and be inducted intooffice at that time, or as soon thereafter asmay be possible. (Amended by vote of theelectorate at an election held on November2, 2010.)

Section 13. Within sixty (60) days of theapproval of the Amended Charter by theGovernor, the city council will be charged todevelop and adopt ,a Code of Ethicsapplicable to all elected officials, employeesand Board members which will remain ineffect until modified by the city council.Each city council elected in successor yearswill undertake a review of the Code ofEthics to detennine whether any changes areappropriate. (Amended by vole of theelectorate at an election held on November2, 2010.)

ARTICLE 3. NOMINATION·ANDELECTIONS

Section 1. Beginning in November of 2012,and for each two years thereafter, a generalelection win be called in November per theElection Board in even numbered years, inaccordance with the laws of the State ofOklahoma in force at the time of holdingsuch elections. (Amended by vote of theelectorate at an election held on November2,2010.)

Section 2. All city elections shall beconducted on a nonpartisan basis. Nodeclaration of candidacy or ballot shallcontain any party emblem, sign ordesignation, and there shall be nothingthereon to indicate any affiliation of thecandidate.

Section 3. The prOVISIons of the StateConstitution and law relating to electionsshall govern every election of whatever kindof this city insofar as they are applicable andare not superseded by this Amended Charteror by ordinance.

Section 4. The qualifications for electors inevery election of this city shall be thoseprescribed by the State Constitution and law.

Section 5. The council members who are tobe from each of the five (5) wards of the cityas required by Article 2, Section 2 of theCharter, shall be elected at the generalelection by wards, each council member tobe elected by the registered voters in theward in which he or she resides.

ARTICLE 4. RECALL OF ELECTIVEOFFICERS

Section 1. Every incumbent of an electiveoffice, whether elected by popular vote orappointed to fill a vacancy, may be removedfrom office for any cause specified byapplicable State law for the removal ofofficers and by the method or methodsprescribed thereby. In addition, he is subjectto removal by recall by the voters of the city.The procedure to affect such removal fromoffice by recall shall be as follows:(Amended by vote of the electorate at anelection held on November 2, 2010.)

Section 2. A verified petition, signed by anumber of qualified electors equal to twentyper cent of the registered voters in the wardof the city council member sought to berecalled at the time the petition is filed, shallbe submitted to city clerk, along with a showcause statement of 200 words or less,

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demanding the removal of one or more ofsuch elective officers. It shall be the duty ofthe city clerk, upon receipt of a petition forrecall, to send a copy of the petition, alongwith all signature pages, to the city councilmember sought to be recalled by registeredmail. The city clerk shall have ten (10)working days in which to ascertain whetherthe petition has been prepared and circulatedas required and whether the required numberof qualified voters have signed the petitionfor recall. The city clerk shall notify themayor, in writing, whether the petition forrecall meets the criteria set forth herein.·Upon being informed by the city clerk thatthe petition for recall meets the criteria setforth above, it shall be the duty of the mayorof the city, within ten days thereafter, toissue a proclamation calling a specialelection, for the purpose of such recall only,setting forth the question to be voted upon atsuch election, in a newspaper published andof general circulation within the city. Suchelection shall be called at the next availableelection date in conformance with State law.In case of petition of the mayor, the electionshall be called by the vice-mayor. Aftercalling of such election, the said petitionshall remain in the office of the city clerk.The signatures to such petition need not allbe appended to one paper, but eachsignatory shall add to his signature his placeof residence, giving the street and number ifany, or if not numbered, the number of lotand block. Some qualified voter who signssuch petition shall make oath before anofficer competent to administer oaths thatthe statements made in such petition aretrue, and some qualified voter who signssuch petition shall make oath to each papercontaining signatures that each signatureappended to such paper is the genuinesignature of the person whose name purportsto be thereto subscribed. The city councilmay impose a monetary penalty against theperson or persons circulating the petitionupon a detennination that the names ofunqualified electors have been knowinglyattached to the petition, such monetary,penalty equal to all cost incurred by the cityin attempting to validate the petition for

recall, including attorney fees. (Amended byvote of the electorate at an election held onNovember 2,2010.)

Section 3. The fonn of ballot at such specialelection shall be as follows:

Recall of Elective OfficersShall (name of officer) be removed from

office of (name of office)?[] YES[) NO C..I1

The voter who desires to vote for theremoval of the officer shall stamp in the f'....)

square to the left of the word "YES." The C..I1

voter who desires to vote for the retention in ..t="

office of the officer shall stamp in the squareto the left of the word I.~NO."

If a simple majority of the duly qualifiedelectors voting at such election shall vote~'YES," the officer shall be deemed removedand his office vacated. If a simple majorityof such electors shall vote "NO," suchofficer shall continue to serve as such.Upon successful removal, the city councilwill appoint a replacement for the seat forthe remainder of the term vacated subject toall other terms of this Amended Charter.Any replacement must be a qualified electorof the respective ward at the time ofappointment. (Amended by vole of theelectorate at an election held on November2, 2010.)

Section 4. Such special election shall in allrespects be conducted, returned, and theresult thereof declared as provided by theConstitution and laws of the State ofOklahoma in force at the time of suchelection.

Section 5. No recall petition shall be filedagainst any officer until he shall have heldhis office for at least four months; nor withinsix months after an election has been heldupon a previous petition for recall of thesame officer.

Section 6. No person who has been recalledfrom an office, or who has resigned fromsuch office while recall proceedings werepending against him, shall be appointed toan office or employment of the city withinone year after such recall or resignation.

The method of removal by recall iscumulative and not exclusive. (Amended byvote of the electorate at an election held onNovember 2, 2010.)

ARTICLE 5. APPOINTIVE OFFICERS

Section 1. The city council shall appointand may remove a city attorney, a citytreasurer, a city manager, a municipal judgeand such subordinate personnel as may beauthorized from time to time to assist thecity council in performing its duties asoutlined in this Amended Charter. Thepowers and duties of appointive officersshall be provided by this Amended Charter,or as may, from time to time, be prescribedby ordinance. The compensation of allappointive officers shall be such as may,from time to time, be fixed by the citycouncil. (A mended by vote of the electorateat an election held on November 2,2010.)

CITY TREASURER

Section 2. The city council shall appointan officer of the city who shall bear the titleof city treasurer. He shall have custody ofall moneys belonging to the city. Subject tosuch regulations as the city council mayordain, he shall deposit daily all funds of thecity coming into his hands in suchdepositories as the council may, from timeto time, designate.

Section 3. He shall have custody of allinvestments and invested funds of the citygovernment or in the possession of suchgovernment in a fiduciary capacity, andhave the safekeeping of all bonds and notesof the city, and the receipt and delivery ofcity bonds and notes for transfer, registrationor exchange.

Section 4. He shall countersign all warrants,checks, or other orders for the payment ofmoney from city funds.

Section 5. Nothing in this section shallprevent the city council from appointing thecity clerk or finance director to fill thisposition. In that event, the city clerk orfinance director will continue to report to thecity manager in the day to day performanceof the duties of that position and will reportto the city council in connection with theperfonnance of his duties as city treasurer.(Amended by vole of Ihe electorate at anelection held on November 2. 2010.) U1

CITY ATTORNEYDEPARTMENT OF LAW

Section 6. The city council shall appoint aqualified individual licensed to practice lawby the Supreme Court of the State ofOklahoma who shall have the title of cityattorney. He shall be the head of thedepartment of law. (Amended by vole oftheelectorate at an election held on November2,2010.)

Section 7. He shall be the chief legaladvisor to the council and all offices,departments and agencies, and of all officersand employees in matters relating to theirofficial powers and duties. He shallrepresent the city in all legal proceedings. Itshall be his duty to perform all servicesincident to his position as may be requiredby statute, by this amended Charter, or byordinance.

CITY MANAGERADMINISTRATIVE DEPARTMENTS

Section 8. The city council shall appoint aqualified individual who shall have the titleof city manager, who shaH have the powersand perfonn the duties as set forth in theAmended Charter or by ordinance or as maybe required by law. No member of thecouncil shall receive such appointmentduring the term for which he shall have beenelected, nor within one year after the

expiration of such term. (Amended by vole ofthe electorate at an election held onNovember 2,2010.)

Section 9. The city council shall appoint thecity manager for an indefinite term, and mayremove him by a majority vote of itsmembers. (A mended by vote of theelectorate at an election held on November2,2010.)

Section 10. Neither the city council nor anyof its members shall direct or request theappointment of any person to, or his removalfrom, office by the city manager, or by anyof his subordinates, or in any manner takepart in the appointment or removal ofofficers and employees in the administrativeservice of the city. Except for the purposeof inquiry, the city council and its membersshall deal with the administrative servicesolely through the city manager, and neitherthe council nor any member thereof shallgive orders to any subordinates of the citymanager, either publicly or privately. Thecity manager may determine the propermethod of interaction and communicationbetween the city council and staff and shallnotify the city council of the same, inwriting. Any member of the councilviolating the provisions of this section~ orvoting for a resolution or ordinance inviolation of this section, shall be subject topublic censure or reprimand by the citycouncil. This section shall not be deemed topreclude the right of recall by the citizens orthe removal from office as provided byapplicable State law for the removal ofmunicipal officers. (Amended by vote of theelectorate at an election held on November2, 2010.)

Section 11. The city manager shall bechosen by the council solely on the basis ofhis executive and administrativequalifications, with special reference to hisactual experience in, or his knowledge of~

accepted practice in respect to the duties ofhis office as hereinafter set forth. At thetime of his appointment, he need not be aresident of the city or State, but during his

tenure of office he shall reside within 10miles of the city limits. (Amended by vole ofthe electorate at an election held onNovember 2,2010.)

Section 12. The city manager shall be thechief administrative officer of the city, andhead of the administrative branch of the citygovernment. He shall execute the laws andadminister the government of the city. Heshall be responsible to the city council forthe proper administration of the affairs ofthe city, and, to that end, subject to thepersonnel provisions of this Amended (.J1

Charter, he shall have power and shall berequired to:

(a) Appoint and, when necessary for thegood of the service, remove alladministrative officers and employees ofthe city, except as otherwise provided bythis Amended Charter.

(b) Prepare the budget annually and submitit to the council, and be responsible forits administration after adoption.

(c) Prepare and submit to the council, as ofthe end of the fiscal year, a completereport on the finances and administrativeactivities of the city for the precedingyear.

(d) Keep the council advised of the financialcondition and future needs of the city,and make such recommendations as mayseem to him desirable.

(e) Supervise and control all administrativedepartments and personnel.

(t) Perform such other duties as may beprescribed by this Amended Charter, orrequired of him by the council, notinconsistent with this Amended Charter.

(Amended by vote of the electorate at anelection held on November 2, 2010.)

Section 13. The administrative departmentsof the city shall be as established oreliminated by the city council unlessotherwise precluded by the AmendedCharter and as may be required by law.(Amended by vote of the electorate at anelection held on November 2,2010.)

Section 14. The work of each administrativedepartment may be distributed among suchdivisions thereof as may be established byordinance upon recommendation of the citymanager. Pending the passage of anordinance or ordinances distributing thework of departments under the supervisionand control of the city manager amongspecific divisions thereof, the city managermay establish temporary divisions.

Section 15. To perform his duties during histemporary absence or disability, the citymanager, by letter filed with the city clerk,will appoint a qualified administrativeofficer of the city to be acting city manager.If the city manager fails to make suchdesignation, if the council suspends the citymanager, or if there is a vacancy in theoffice of city manager, the council mayappoint an acting city manager to serve untilthe city manager returns, until his disabilityor suspension ceases, or until it appointsanother city manager, as the case may be.(Amended by vote of the electorate al anelection held on November 2, 2010.)

CITY CLERK

Section 16. The city manager shall appointfor an indefinite term a city clerk, who shallbe clerk of the city council. The city clerkshall keep a journal of the proceedings of thecouncil; shall enroll in a book or books keptfor the purpose all ordinances andresolutions passed by the council; shall, withthe mayor, sign and attest all ordinances,resolutions, contracts, and other instrumentsor matters requiring the assent of the city,when so authorized by the council; and shallperform such other duties as the councilmay, from time to time, prescribe. The cityclerk may appoint deputies to act for him.Nothing in this section prevents the citymanager from appointing the city treasureror finance director to fill this position. If thecity treasurer is appointed to this position, heshall report to the city manager regardingthe performance of his day to day duties ascity clerk and shall report to the city councilin connection with the performance of his

duties as city treasurer. (Amended by vote ofthe electorate at an election held onNovember 2,2010.)

FINANCE DIRECTOR

Section 17. The city manager shall appointfor an indefinite time a finance director, whoshall be the head of the department offinance; shall collect or receive all moneysand revenues receivable by the city, andshall deposit the same daily with the citytreasurer in an account or accountsmaintained by the city treasurer in adepository or depositories approved by theCouncil. The finance director shall maintaina general accounting system for the citygovernment; shall sign all checks and beresponsible for the disbursement of allmoney; shall determine the regularity andcorrectness of all bills, invoices, payrollsand other evidences of claims, demands orcharges against the city government andaudit and approve them before payment.Nothing in this section prevents the citymanager from appointing the city treasureror city clerk to fill this position. If the citymanager appoints the city treasurer to fillthis position, the city treasurer will report tothe city manager in the day to dayperformance of his duties as finance directorand will report to the city council inconnection with the performance of hisduties as city treasurer. (Amended by vole o.fthe electorate at an election held onNovember 2, 2010.)

MUNICIPAL JUDGE

Section 18. The city council shall appoint amunicipal judge for an indefinite term. Thecouncil may suspend or remove themunicipal judge or acting municipal judge atany time by majority vote of all itsmembers. The municipal judge shall haveoriginal jurisdiction to hear and determineall caSes involving offenses against theordinances of the city; provided that thecouncil may, by ordinance, create a minorviolations bureau with authority to disposeof cases arising out of designated minor

violations, such as minor traffic and parkingviolations, on request of accused personswho desire to plead guilty, who are able andwilling to pay fines and costs, and who doplead guilty and pay fines and costs. Thecity clerk shall keep a record of allproceedings of the municipal court, of thedisposition of all cases, and of all fines andother money collected. The style of allprocesses shall be in the name of the city.The municipal judge may administer oathsand make and enforce all proper orders,rules and judgments. The council may, byordinance or resolution, authorize or requirethat the municipal judge shall, at the sametime, hold other office or employment in theservice of the city, but he may not be acouncil member or a policeman. The citycouncil shall choose him solely on the basisof his qualification to serve as municipaljudge.

Section 19. To perform the duties of themunicipal judge during his temporaryabsence, disability, disqualification, orsuspension, the city manager shall designatea qualified person, from time to time as theneed arises, to be acting municipal judgeuntil the municipal judge returns or until hisdisability, disqualification or suspensionceases; or the city manager shall designatesuch a person substitute municipal judge tobe acting municipal judge at all such timesuntil the municipal judge returns or until hisdisability, disqualification or suspensionceases.

Section 20. The municipal court shall havejurisdiction to hear and detennine alloffenses against the Amended Charter orordinances of the city.

ARTICLE 6. APPOINTMENTS ANDPROMOTIONS

Section 1. Appointments and promotions inthe service of the city shall be made solelyon the basis of merit and fitness, andremovals and demotions shall be madesolely for the good of the service. Better toachieve these ends, the council may, by

ordinance, establish a department ofpersonnel with a director of personnel at itshead, and may establish a merit system andprovide for its proper organization andfunctioning, and for proper personneladministration. In the event a department ofpersonnel is established, the merit andfitness of persons for appointment orpromotion in the classified service, shall beascertained by competitive examinations asfar as practicable; and the council may, byordinance, prescribe the powers and dutiesof the director of personnel, provide for theclassification of the service, regulate the (..M

demotion, suspension, or removal of officersand employees in the classified service, and N

otherwise provide for the proper N

organization and functioning of the (X)

department and personnel administration.The following shall be in the unclassifiedservice: all elective officers, city attorney,city manager, and the municipal judge.

Section 2. Neither the city council, the citymanager, nor any other authority of the citygovernment may appoint or elect any personrelated to any council member, the citymanager, or himself, or, in the case of pluralauthority, to one of its members, by blood ormarriage within the third degree, to anyoffice or position of profit in the citygovernment; provided, however, the citymanager may appoint himself, or the citycouncil may appoint or elect him, to otheroffices and positions in the city government,subject to regulations adopted by ordinance,but he may not receive compensation forservice in such other offices or positions.Except as may be otherwise provided by thisAmended Charter or by ordinance, the sameperson may hold more than one office orposition of employment in the service of thecity.

Section 3. The city manager or otherappointing or electing authority of the city atany time may, for the good of the service,suspend or remove any officer or employeewhom he or the other appointing or electingauthority respectively may appoint, except

as otherwise provided by, or in accordancewith, this Amended Charter.

Section 4. The appointing or electingauthority who may appoint or elect thesuccessor of an officer or employee in theservice of the city may appoint or elect aperson to act during the temporary absence,disability or suspension of such officer oremployee, or, in the case of a vacancy, untila successor is appointed or elected andqualified, unless the council provides byordinance that a particular superior orsubordinate of such officer or employeeshall act. The council may, by ordinance,provide for a deputy to act in such cases.

ARTICLE 7. INITIATIVE ANDREFERENDUM

Section 1. The powers of initiative and\ referendum are' reserved to the qualified

electors in this' city with reference to alllegislative authority which the city mayexercise in accordance with the provisionsof the State Constitution. A verified petitionof initiative or referendum setting forth inplain language of 200 words or less thematter which is sought to be initiated orreferred must be signed by at least twentypercent of all registered voters of the cityqualified to vote at the time the petition iscirculated. The name of each petitioner mustbe accompanied by the street address settingforth residency within the city limits. Thepetition must be filed with the city clerk. Itis the duty of the city clerk to ascertain,within ten working days of submission ofthe petition, whether the subject mattercontained therein is appropriate for initiativeor referendum and whether the requisitenumber of valid signatures are affixed to thepetition. The city clerk shall notify themayor, in writing, whether the petitionmeets the criteria set forth herein and asmandated by State Constitution. Upon beingadvised that the petition meets the criteria ofthis Amended Charter and the StateConstitution, the mayor, within ten daysthereof, shall issue a proclamation calling aspecial election for the purpose of initiative

or referendum only, setting forth thequestion to be voted upon in said electionand cause the same to be published in anewspaper of general circulation within thecity. The election shall be at the nextavailable election date in conformance withState law. (Amended by vote of theelectorate at an election held on November2, 2010.)

ARTICLE 8. PUBLIC UTILITIES

Section 1. The City of Bartlesville shallnever grant, extend or renew a franchisewithout the' approval of a majority of thequalified electors residing within itscorporate limits, who shall vote thereupon ata general or special election; and thelegislative body of the city may submit anysuch matter for approval or disapproval tothe electors thereof at any general municipalelection, or call a special election for suchpurpose at any time upon thirty days' notice;and no franchise shall be granted, extended,or renewed for a longer tenn than 25 years.

Section 2. Whenever a petition signed by anumber of qualified electors of the cityequal to twenty-five percent of the totalnumber of votes cast in said city at the nextpreceding general municipal election,demanding that a franchise be granted,extended, or renewed, shall be filed with thecity clerk, the mayor shall, within ten daysthereafter, by proclamation embracing theentire text of the proposed franchise to bepublished for a period of not less than tendays, call a special election at which timeshall be submitted the question of whetheror not such franchise shall be granted,extended, or renewed; and if at an electionheld in which such question of granting,extending, or renewing a franchise issubmitted, a majority of the qualifiedelectors voting thereon shall vote for thegrant, extension, or renewal of suchfranchise, the same shall be granted by thecity council at the next succeeding regularmeeting thereof.

Section 3. No grant, extension, or renewalof any franchise or other use of the streets,

I. alleys, or other public grounds or ways of! the city shall divest the city or its right of

control and regulation of such use andenjoyment of such streets, alleys, publicgrounds or ways, nor shall the power toregulate the charges for public service besurrendered, nor shall any exclusivefranchise ever be granted by the city.

Section 4.. In the event a special election is!. called, as herein provided, to vote upon

granting, extending, or renewing a franchise,the expense of such special election shall beborne by the applicant for such franchise;and the payment of such expense shall beprovided for before any such special electionshall be called.

Section 5. Every grant of a franchise orextension or renewal thereof shall contain aprovision that, upon the termination of the

1 same, the property of the grantee installed orused under such grant and located in thestreets, alleys, avenues or other publicgrounds and ways of the city may, at theoption of the city, upon the payment of a fairvaluation of said property as then installed,the mode of ascertaining which shall beprescribed in the grant, be and become theproperty of the City of Bartlesville; and thegrantee shall never be entitled to anypayment of valuation because of the anyvalue derived from or based upon thefranchise itself, or the fact that the grantee isor may be a going concern.

Section 6. The city shall have the power toacquire, by purchase, condemnation, orotherwise, within or without the city, suchlands or other property as may be necessaryfor. the establishment, maintenance, andoperation of any public utility, or to providefor and effectuate any other public purpose;and to sell, convey, encumber and dispose ofthe same for the common benefit, but nosale of any public utility shall be made untilit shall have been authorized by vote of thequalified electors of the city voting thereonat a general or special election.

ARTICLE 9. ORDINANCES

Section 1. All ordinances of the city ineffect at the time this Amended Charterbecomes effective, insofar as they are notinconsistent with this Amended Charter,shall continue in force and effect until theyare repealed or until they have expired bytheir own limitations.

Section 2. The enacting clause of allordinances passed by the city council shallhe: ~'Be it ordained by the City Council of -0

the City of Bartlesville," and all ordinances c..nproposed by the voters under their power ofinitiative shall be "Be it ordained by thePeople of the City of Bartlesville."

Section 3. Titles of proposed ordinancesshall be read, and except in the case of anemergency ordinance or instance where agreater majority is required by this AmendedCharter or by law, a vote of a majority of allthe council members shall be required forpassage of the ordinance. A four-fifths voteshall be required for passage of anemergency ordinance. The vote on thepassage of every ordinance shall be by yeasand nays or abstentions and shall be enteredin the journal. The mayor shall have nopower ofveto.

Section 4. Every ordinance, withoutnecessity of declaring an emergency orincluding an emergency clause therein, shallgo into effect on the day following the dateof publication, unless the ordinance specifiesa later time. Emergency ordinances,containing a separate section declaring anemergency, shall go into effect concurrentlywith passage, but shall be published withinten days thereafter.

Section 5. Publication shall be by insertionin one issue of a newspaper of generalcirculation in the city, provided that, in lieuof publication in a newspaper, a code ofordinances, or the extension or revision of apart of a code may be printed or duplicatedwith at least fifty copies in book or pamphletform or loose leaves for insertion in a loose-

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leaf system in which case a certified copy ofthe book, pamphlet or loose-leaf shall befiled in the office of the city clerk.Whenever an ordinance is published in anewspaper, a line shall be pre-fixed inbrackets, stating correctly the month, dayand year of publication.

Section 6. The council, by ordinance, mayadopt by reference, codes, ordinances, andstandards relating to building, plumbing,electrical installations, public health andpu1;Jlic safety and other matters which it haspower to regulate otherwise. Such code,

· ordinance, or standard so adopted need notbe enrolled in the book of ordinances, but acopy shall be filed and kept in the office ofthe city clerk. Filing of a copy properlycertified in the office of the city clerk shallconstitute its enrollment; but the city clerkshall enter a statement of the publication inthe book of ordinances. The city clerk shallkeep copies of every such code, ordinance,or standard in force for distribution or sale attheir approximate cost.

Section 7. The ordinances of the city shallbe codified and published in book orpamphlet form at least every ten years,unless the council by use of a loose-leafsystem and process of amendment, keeps thecode up-ta-date. Titles, enacting clauses,and emergency sections may be omittedfrom the code; and temporary and specialordinances and parts of ordinances whichare to be repealed by the code shall beomitted from the code. The ordinances andparts of ordinances included in the code may

o be revised, rearranged and reorganized; andthe code may contain new matter and

o provisi9ns of State law relating to the city.o A copy of the published code shall be filedin the office of the city clerk, but the codeneed not be enrolled in the book ofordinances.

Section 8. No ordinance shall contain more· than one subject, which shall be clearlyexpressed in its title, and no ordinance shall

· be revised or. amended unless the newordinance contains the entire ordinance

revised or the section or sections amended,and the section or sections so amended shallbe repealed.

Section 9. Protests against proposed zoningchanges shall be filed with the city clerk atleast three days before the date of the publichearing. If protests are filed by:

1. The owners of twenty percent (20%) ormore of the area of the lots included in aproposed change; or

2. The owners of fifty percent (50%) ormore of the area of the lots within athree hundred (300) foot radius of theexterior boundary of the territoryincluded in a proposed change; or

3. The owners of fifty percent (50%) ormore of the lots, or portions of lots,within a three hundred (300) ·foot radiusof the exterior boundary of the territoryincluded in a proposed change;

then the proposed change or amendmentshall not become effective except by afavorable vote of four-fifths of all themembers of the City Council. (Amended byvote of the electorate at an election held onNovember 2. 2010.)

ARTICLE 10. THE BUDGET

Section 1. The fiscal year of the citygovernment shall begin on the first day ofJuly and end on the last day of June of eachcalendar year. Such fiscal year shall alsoconstitute the budget and accounting year.As used in this Amended Charter, the term'~budget year" shall mean the fiscal year forwhich any particular budget is adopted andin which it is administered.

Section 2. The budget shall be prepared inaccordance with Oklahoma Statutes andadopted by the favorable vote of at least amajority of the members of the city council.Upon final adoption, the budget shall be ineffect for the fiscal year.

ARTICLE 11. AUDITS AND REPORTS

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ARTICLE 13. PUBLIC LIBRARY

ARTICLE 14. COMMISSIONS,BOARDS, COMMITTEES,

DEPARTMENTS

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Section 1. The city council shall designate aqualified and certified public accountant, oraccountants~who shall make an independent

: annual audit of the accounts and evidences· of financial transactions of the department offinance and of all other departments, officesand agencies keeping separate orsubordinate accounts or making financial

· transactions, as of the end of every fiscal·year, and who shall report to the city council: and to the city manager. It shall also be theduty of the auditor froln time to time, to

· recommend changes in methods employed· in the fiscal affairs of the city, with a view tosimplifying and improving the same.

ARTICLE 12,; LABOR

· Section 1. All laws heretofore enacted orthat may hereafter be enacted by the State ofOklahoma, designed to carry into effect theprovisions of the Constitution relative toprotection of labor and prevention of childlabor, are hereby made a part of the organiclaw of the city and the duty of enforcing thesame is hereby placed upon the city council.

Section 1. The public library shall be anadministrative department of the city, andshall be under the supervision and control of

. a director who shall report to the citymanager. (Amended by vote ofthe electorateat an election held on November 2, 2010.)

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I Section 1. All commissions, boards,committees, departments, and other

I governmental agencies in existence at theI .time this Amended Charter takes effect,I insofar as not inconsistent with thisI Amended Charter, shall continue in full

force and effect for the tenns and for thepurposes for which they were created,

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provided by the city counci1, by ordinance orotherwise.

Section 2. The city council shall have thepower and authority to create, by ordinanceor otherwise, and designate and define thepowers and duties of:

(a) A planning board or commission~(b) A zoning board or commission;(c) A board of adjustment; and(d) Such other boards, commissions,

committees, agents, or agencies as thecouncil may, from time to time, deemnecessary or convenient in theadministration or carrying on of thebusiness and affairs of the city.

ARTICLE 15. CITY BUILDINGS,PLAYGROUNDS, PARKS, AND

OTHER PUBLIC PLACES

Section 1. The city council shall have thepower, and it shall be its duty, by ordinanceor otherwise, to provide for the regulationand control of the use of the city buildings,cemetery, city parks, playgrounds,boulevards, comfort stations, and otherpublic places now owned or hereafteracquired by the city, for use of the city in theconduct of the business and affairs of thecity, and for the peace, health, safety,comfort, convenience, and recreation of thepeople.

Section 2. The city council, in order to carryout the purposes of this article, may createand establish such departments, committees,commissions, boards, or other agents oragencies as the counci I may deem to benecessary or convenient for the purpose orpurposes and the council shall define thepowers and duties of such departments,committees,. commissions, boards, or otheragents or agencies.

Section 3. All such departments,committees, commissions, boards, agents oragencies, unless otherwise provided by thecouncil, shall be deemed to be parts of theadministrative service of the city, and shall

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:"be subject to the supervIsion of the citymanager.

Section 4. The members of all such·departments, committees, commiSSions,boards, or agents or agencies shall serve

· without monetary compensation, unless anduntil otherwise provided by the city counciL

ARTICLE 16. GENERAL PROVISIONS

Section 1. No contract shall be entered intoby the city council in excess of the amount

· appropriated, and no contract shall be· binding upon the city unless it has been· signed by the mayor, and attested by the city· clerk, and the expense thereof encumberedin the proper fund liable for payment of the

: same, and whenever the contractsencumbered in any fund equal the

· appropriation made therefore, no furthercontract shall be signed by the mayor orattested by the city clerk for payment from

· such fund.

Section 2. Every contract in any sumexceed~ng the amount set by State law withany person or persons, for' the purpose ofmaking any public improvements orconstructing any public building or makingrepairs on the same shall require the partycontracted with to furnish a bond with goodand sufficient sureties to the City ofBartlesville in a sunl not less than the sumtotal in the contract, conditioned that such

· contractor or contractors pay all· indebtedness incurred for labor or materialfurnished in the construction of said public

·building or in making said publicimprovements.

Section 3. Every contract in any sumexceeding the amount set by state law withany person or persons for the purpose ofmaking any public improvements, orconstructing any public building or makingrepairs' on the sanle shall be based onsp~cifications approved by the city counciland shall be awarded to the lowest and bestbidder after advertisement for bids has beenpublished in not less than three issues of a

daily newspaper, or in not less than twoissues of a weekly newspaper of generalcirculation in the city. The council may letthe contract to the lowest and best bidder ormay reject all bids. (Amended by vote oftheelectorate at an election held on November2, 2010.)

Section 4. Every contract in any sumexceeding the amount established byordinance by the city council for the purposeof purchasing supplies, materials, orequipment shall be awarded to the lowestand best bidder after advertisement for bidshas been published in not less than threeissues in a daily newspaper, or in not lessthan two issues of a weekly newspaper ofgeneral circulation in the city. The councilmay let the contract to the lowest and bestbidder or may reject all bids. Provided,however, that items available through theState of Oklahoma's central purchasingcontracts may be purchased from the State'svendor directly without bidding as theseitems have already been processed through asimilar, rigorous competitive biddingprocess. (Amended by vote of the electorateat an election held on November 2. 2010.)

Section 5. When property of the citybecomes obsolete or surplus, and no longerneeded by said city, the city manager shalldetermine the value thereot: before the sameis offered for sale. The city manager maythen dispose of the property in the mannerwhich is most advantageous to the city. Thecity council shall set by ordinance themaximum value of the property the citymanager is authorized to dispose of withoutcouncil approval.

Section 6. No appointed officer oremployee of the city shall give or promise togive to any other person, any portion of hiscompensation or any money or valuablething or promise of employment to anyperson, in consideration of having beenappointed to any office or employment, andif any such promise or gift be made, theperson making or accepting such gi ft orpromise shall forfeit his office or

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employment and be debarred anddisqualified from being appointed oremployed in the service of said city.

· (Amended by vote of the electorate at anelection held on November 2, 2010.)

Se~tion 7. Any employee of the city whoshall, while employed by the city, acceptany donation or gratuity in money or othervaluable thing, either directly or indirectly,fori his personal use, from any person orcorporation dealing with the city, or any

,subordinate or employee, or from anycandidate or applicant for any position as

. :. employee, or subordinate under him, shall, forfeit his office and be forever debarred and

. : disq~alified from holding any position in theservice of the city. This provision shall not

· be :construed to prohibit accepting items of: nominal value from vendors or other persons· or I entities doing business with the city.:. (Amended by vote of the electorate at anelection held on November 2, 2010.)

Section 8. No member of the city council,nOf any appointive officer or any employeeof the city, shall be directly or indirectly inthet employ of any person, company, orcorporation holding or seeking to hold anyfranchise of the City of Bartlesville, or shall

:-receive, directly or indirectly, any wages,·'commi'ssion, gift or favor, or payment fromany such franchise holder. (Amended by voteof: the electorate al an election held onNovember 2, 2010.)

Section 9. No member of the city council or· any other officer or employee of said cityshall he directly or indirectly interested in

· any work, business, or contract, the expense,· price or consideration of which is paid from_the' city treasury, or by an assessment leviedby! ordinance or resolution of the cityco*ncil; nor be the surety of any personhaving any contract work or business with-said city for the performance of whichsec'urity may be required, nor be the surety-on! the official bond of any officer of thecity. Contracts in violation of saidpr~visions shall be void.

Section 10. No demand for money againstthe city shall be approved, allowed, or paidunless it shall be in writing, dated, andsufficiently itemized to identify theexpenditure, and shall first be approved bythe city manager or his designee and thehead of the department creating orauthorizing the demand. (Amended by voteof the electorate at an election held onNovember 2, 2010.)

Section 11. Every officer who shallapprove, allow, or pay any demand on thetreasury not authorized by law or by thisCharter, shall be liable to said cityindividually and on his official bond for theamount of the demand so illegally approved,allowed or paid.

Section 12. All books and records in everyoffice and department shall be open to theinspection of any citizen at any time duringbusiness hours, except as exempted by statelaw.

Section 13. It shall be the official duty ofevery officer or person in the employ orservice of said city, when it shall come to hisknowledge that any contract or agreementwith said city or with any officer has been oris about to be violated by the othercontracting party, forthwith to report to thecity manager or the city council all facts andinformation in his possession concerningsuch matter, and a failure to do so shallrender vacant his office or position.

Section 14. Ten or more resident taxpayersof the city may seek to maintain an action inthe proper court to restrain the execution ofan illegal, unauthorized or fraudulentcontract of said city, or prevent any paymentupon any illegal, unauthorized or fraudulentcontract or agreement on behalf of said city,or to restrain any disbursing officer of saidcity from paying any illegal, unauthorized orfraudulent bill, claim or demand against saidcity or any salary or compensation of anyperson in its administrative services, whoseappointment has not been made in pursuanceof the provisions of law. Prior to initiating

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any such legal action, ten or more resident, ,taxpayers must submit a written notice to thecity council specifically outlining the actionsOlfght to be restrained. The written andvenfied notice must contain the signature ofeach taxpayer and his residence address

· within the city limits. No legal action may, be [initiated on such notice until thirty daysafter receipt by the city council of the notice

,'in [order to allow the city council anad~quate opportunity to respond to the

:hotice either by agreeing with such demandpr linitiating legal action to determine the

:va1.idity of the proposed action. Ten or more· resident taxpayers who believe that anillt~gal; unauthorized or fraudulent contacthas been entered into by the city; or that an

,illegal; unauthorized or fraudulent paymentI 'has been made on said contract, or that anuniawful transfer of public property ormonies has occurred, or that public funds'ha~e 'been paid or public propertytransferred in settlement of a fraudulent orvo~d claim, may submit a written demand,

, sighed and verified by each of the taxpayers,,,uP9n the city council to initiate proper,proceeding to recover the property or funds.No legal action may be initiated by the

j.tax!paYers until thirty days after receipt by"the, city council in order to allow the city:'co~ncil an adequate opportunity to respond<to ~the demand. Upon refusal, failure or'neglect of the city council to take action:'after receipt of the demand, the taxpayers,may then initiate an action in the name ofsaid city, against the officer making

,:payment, and his surety or sureties and the,;party receiving the same, or any::combination thereof to recover the amount,:50 paid, and all amounts recovered, after'deduct~ng all expense of the action, shall be:paid into the city treasury. Any such action'must be brought within one year of thei'payment of the funds or the transfer of theproperty. However, no action for personal

: liability shall lie against an officer or:.employee of the city for a transactionapproved in good faith reliance on the

,advice of legal counsel for the city or which· has been submitted to a court of competentjurisdiction for a determination of legality.

In case said taxpayers are not successful insuch action, they shall pay all costs. In noevent shall the city ever be liable for thepayment of such costs. This provision shallbe the exclusive procedure available totaxpayers seeking to bring a qui tam actionagainst any city officer or employee.(Amended by vote of the electorate at anelection held on November 2,2010.)

Section 15. All officers authorized byFederal or State law, the mayor, the citymanager, the city treasurer, the city clerk,the municipal judge, and such other officersas the city council may authorize, mayadminister oaths.

Section 16. Every officer of the city, beforeentering upon the duties of his office, shalltake and subscribe the oath or affirmation ofoffice prescribed by the State Constitution.

Section 17. The city clerk, the citytreasurer, and such other officers andemployees of the city as the city councilmany designate, before entering upon theirduties, shall provide bonds for the faithfulperfonnance of their respective duties,payable to the city, in such form and in suchamounts as the council may prescribe, with asurety company or companies authorized tooperate within the State. The city shall paythe premium on such bonds.

ARTICLE 17. SUCCESSION INGOVERNMENT

Section 1. The five council membersholding office at the time this AmendedCharter shall become effective shallcontinue to hold and occupy their respectiveoffices for the terms for which they wereelected or appointed, until their successors,respectively, shall have been elected orappointed and qualified, vested with all thepowers and duties conferred to or imposedupon council members under or by virtue ofthe provisions of this Amended Charter.

Section 2. Nothing in this Amended Chartercontained, except as specifically provided,

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~ shall affect ot impair the rights or privileges;of officers or employees of the city or of any:office, department or agency existing at the

I : time when this 'Amended Charter shall taket effect, or any provision of law in force at the: time when this Amended Charter shall takeeffect and not inconsistent with the

· provisions. of .this Amended Charter, in· relation to the personnel, appointment,; ranks, grades, tenure of office, promotion,· removal, pensio.n, and retirement rights, civil· rights, or any other rights or privileges of; officers or employees of the city or any! office, department or agency thereof.

· Section 3. All persons holding! administrative .office at the time this· Amended Charter takes effect shall continuein office and in the performance of theirduties until provision shaH have been made

· in accordance therewith for the perfonnanceI of such duties or the discontinuance of such;office. The powers conferred and the duties; imposed upon any office, department ori agency of the city by the laws of the State· shall, if such office, department or agency; be abolished by this Amended Charter or~ .under its authority, be thereafter exercised! and discharged by the office, department or· agency designated by the city council unless· otherwise provided herein.

Section 4. Any person holding an office orposition in the classified service of the citywhen this Amended Charter takes effectwho shall have served in such position for a

~ period of at least three months shall bei·retained without preliminary or workingI tests and shall thereafter be subject in allrespects to the provisions of this Amended

t Charter. Other persons in the city service at~ the time this Amended Charter takes effect: shall be regarded as holding their positionsunder provisional appointments.

,Section 5. All records, property and:equipment whatsoever of any office,· department or agency or part thereof, all the.powers and duties of which are assigned to

:any other office, department or agency by: this Amended Charter, shall be transferred

and delivered to the office, department oragency to which such powers and duties areso assigned. If part of the powers and dutiesof any office, department or agency or partthereof are by this Amended Charterassigned to another office, department oragency, all records, property and equipmentrelating exclusively thereto shall betransferred and delivered to the office,department or agency to which such powersand duties are so assigned.

Section 6. Any office, department or agencyprovided for in this Amended Charter with aname or with powers and duties the same orsubstantially the same as those of an office,department or agency heretofore existingshall be deemed to be a continuation of suchoffice, department or agency and shallexercise its powers and duties incontinuation of their exercise by the office,department or agency by which the samewere heretofore exercised and shall havepower to continue any business, proceedingor other matters within the scope of itsregular powers and duties commenced by anoffice, department or agency by which suchpowers and duties were heretoforeexercised. Any provisions in any law, rule,regulation, contract, grant or other documentrelating to such a formerly existing office,department or agency, shall, insofar as notinconsistent with the provisions of thisAmended Charter, apply to such office,department, or agency provided for by thisAmended Charter.

Section 7. All contracts entered into by thecity, or for its benefit, prior to the takingeffect of this Amended Charter, shallcontinue in full force and effect. Publicimprovements for which legislative stepshave been taken under laws or charterprovisions existing at the time this AmendedCharter takes effect may be carried tocompletion as nearly as practicable inaccordance with the provisions of suchexisting laws and charter provisions.

Section 8. No action or proceeding, civil orcriminal, pending at the time when this

Governor of the State of Oklahoma

APPROVED by the voters of the City ofBartlesville this 13th day of January 1987.

the powers, authority, and jurisdictiontheretofore possessed by them, respectively,until their terms of office of service shallhave terminated, or until otherwise providedby the city council.

day ofAPPROVED this

AMENDMENTS to Preamble, Article 1,Sections 3, 4, and 5, Article 2, Sections 1, 2,5, 6, 8, 9, 10, 12, and 13, Article 3, Section1, Article 4, Sections 1, 2, 3, and 7, Article5, Sections 1,5,6, 8, 9, 10, 11, 12, 13, 15,16, and 17, Article 7, Section 1, Article 9,Section 9, Article 13, Section f, Article 16,Sections 3, 4, 6, 7, 8, 10, and 14, and Article18, Section 1 were approved by the voters ofthe City of Bartlesville, on the 2nd day ofNovember, 2010.

AMENDMENTS to Article 2, Section 2,Article 2, Section 5, Article 2, Section 11, -0

Article 10, Section 2, Article 16, Section 4,and Article 16, Section 5 were approved bythe voters of the City of Bartlesville on the5th day of April, 2005.

Section 1. This Amended Charter may beamended by proposals therefore submittedby the city council of the City ofBartlesville, to the qualified electors thereof,or by petition as provided by law or as setforth in Article 7 of this Amended Charter,at a general or special election, and whenratified by a majority of the qualifiedelectors voting thereon, and approved by thegovernor, as herein provided for theapproval of the Charter, such amendmentshall take effect and be in force. (A mendedby vote of the electorate at an election heldon November 2,2010.)

ARTICLE 18. AMENDMENTS

;Amended Charter shall take effect, broughtiby or against the city or any office,; department or agency or officer thereof,~ shall be affected or abated by the adoption~ of this Amended Charter or by anything: herein contained; but all such actions or. proceedings may be continued. notwithstanding that functions, powers andduties of any office, department or agency or

'officer party thereto may be or under thisAmended Charter be assigned or transferredto another office, department or agency or

'officer, but in that event the same may beprosecuted or defended by the head of theoffice, department or agency to which suchfunctions, powers and duties have beenassigned or transferred by or under thisAmended Charter.

ARTICLE 19. SCHEDULE TOAMENDED CHARTER

(seal)

ATTEST:: Section 1. When this Amended Charter: shall have been adopted by a majority of the: qualified electors voting thereon, and shalll have been approved by the Governor of the; State of Oklahoma, it shall thereupon be in: full force and effect.

Secretary of State

Section 2. All officers and other persons inthe service of the city at that time shall

!continue to serve as such, receive thei compensation therefore now provided byI law or by ordinance, and have and exercisef

I '

Preamble

Art. 1.

Art.2.

Art.3.

Art. 4.

Art.5.

Art. 6.

Art.7.

Art.8.

Art. 9.

Art.10.

Art. 11.

Art. 12.

Art. 13.

Art. 14.

Art. 15.

Art. 16.

Art. 17.

Art. 18.

Art. 19.

AMENDED CHARTER OF THE CITY OF BARTLESVILLE

Boundaries, Powers, Form of Government, Rights, Liabilities

Elective Officers, City Council

Nomination And Elections

Recall Of Elective Officers

Appointive Officers

Appointments And Promotions

Initiative and Referendum

Public Utilities

Ordinances

The Budget

Audits and Reports

Labor

Public Library

Commissions, Boards, Committees, Departments

City Buildings, Playgrounds, Parks and Other Public Places

General Provisions

Succession In Government

Amendments

Schedule to Amended Charter

PreambJe

We, the People of the City of Bartlesville, inthe State of Oklahoma, under the authorityof the Constitution of said State, in order toprovide for a more representative, efficient,and economical administration of municipalgovernment, do hereby adopt, ordain, ratify,and establish this Amended Charter of theCity of Bartlesville, Oklahoma, which shallbecome and be the organic law of the city,and shall supersede any existing charter andall laws affecting the organization andgovernment of the city which are in conflicttherewith. (Amended by vole of theelectorate at an election held on November2, 2010.)

ARTICLE L BOUNDARIES, POWERS,FORM OF GOVERNMENT,

RIGHTS, LIABILITIES

Section 1. The inhabitants of the City ofBartlesville, in the State of Oklahoma,within the corporate limits as nowestablished or as hereafter established in themanner provided by law, shall continue tobe a municipal body politic and corporate, inperpetuity, under the same name and withthe same boundaries, with power andauthority to change its boundaries in themanner authorized by law.

Section 2. The City of Bartlesville, withinthe corporate limits as now established or ashereafter established in the manner providedby law, shall have perpetual succession, andshall succeed to, own, possess, and controlall the books, records, documents, and theproperty, real, personal or mixed, togetherwith all chases in action and claims,belonging to and possessed by the said city,prior to and at the time of the adoption ofthis Amended Charter. It shall be subject to,.and liable for, all legal debts, obligations,judgments and bonds for which said city isbound at the time this A.mended Chartershall become effective.

Section 3. The municipal governmentprovided by this Amended Charter shall beknown as a council-manager form ofgovernment. Pursuant to its provisions andsubject only to the limitations imposed bylaw and by this Amended Charter, allpowers of the city shall be vested in anelective city council, hereinafter referred toas "'the council," which shall enact locallegislation, adopt budgets, determinepolicies, and appoint such officers andemployees as it may deem necessary orconvenient for the execution and

.administration of the government of the city.All powers of the city shall be exercised inthe manner prescribed by this AmendedCharter, or if the manner be not prescribed,then in such manner as may be prescribed byordinance. (Amended by vote of theelectorate al an election held on November2,2010.)

Section 4. The city shall have the power tosue and to be sued, plead and be impleaded,intervene, prosecute and defend in all courts;and shall have the power to make contractsand to acquire property, by purchase orotherwise, necessary for the public good andown, hold, sell, lease, conveyor otherwisedispose of any real or personal propertywithin or outside of the city limits. It shallhave the power within the limit prescribedby the State Constitution and laws to acceptand administer Federal and State grants-in­aids as it may deem necessary or convenientto accomplish the purpose or purposes ofwhich such grants may be made. (Amendedby vote of the electorate at an election heldon November 2, 2010.)

Section 5. The city shall have all the powersgranted to municipal corporations and tocities by the Constitution and general lawsof the State, not rendered inoperative by theadoption of this Amended Charter, with allthe implied powers necessary to carry intoexecution all the powers granted. The citymay acquire property within and without itscorporate limits for any city purpose, in fee

simple or any lesser interest or estate, bypurchase, gift, devise, lease, orcondemnation, and may sell, lease,mortgage, hold, manage and control suchproperty as its interests may require; and,except as prohibited by the Constitution of"this State or restricted by this AmendedCharter, the city shall and may exercise allmunicipal powers, functions, rights,privileges, and immunities of every nameand nature whatsoever. The enumeration ofparticular powers by this Amended Chartershall not be deemed to be exclusive orlimiting and in addition to the powersenumerated herein or implied hereby, orappropriate to the exercise of such powers, itis intended that the city have and mayexercise all powers which, under theConstitution of this State, it would becompetent for this Amended Charterspecifically to enumerate. The city shallhave legislative, executive, and judicialpower necessarily incident to, or proper in,the conduct of its business and affairs, andsuch as will promote the interests and securethe rights of its inhabitants, as fully as ifspecifically enumerated herein. Theenumeration of any particular powers shallin no wise limit the plenary powers aboveprovided for 'said city. No law relating tocities of the first class hereafter enacted bythe State of Oklahoma, shall operate as arepeal, diminution of limitation of thepowers conferred upon the city by thisAmended Charter. (Amended by vote of theelectorate at an election held on November2, 2010.)

ARTICLE 2. ELECTIVE OFFICERS,CITY COUNCIL

Section 1. Except as otherwise provided inthis Amended Charter, all powers of the cityand the determination of all matters ofpolicy shall be vested in the city council,subject to distribution and delegation of allsuch powers as may be provided in thisAmended Charter. Without limitation of theforegoing, the council may, if warranted:

(a) Appoint and remove persons to thosepositions enumerated in Article 2,Section 5 to which the power ofappointment and removal is vested in theCity Council.

(b) Enact, implement and enforce "locallegislation subject to such limitation asmay now or hereafter be imposed by theState Constitution and law.

(c) Raise revenue, make appropriations, ~regulate salaries and wages, and all otherfiscal affairs of the city, subject to such c:::>

...0limitation as may now or hereafter be c..nimposed by the State Constitution and -0

C")

lavv. ~

(d) Inquire into the conduct of any office, r-vdepartment or agency of the city and --J

investigate municipal affairs or authorize 0

such inquiry or investigation.(e) Appoint or elect and remove by majority

vote its own subordinates, members ofcommissions, trusts, boards, and otherquasi-legislative or quasi-judicialofficers and authorities, when and ifestablished, or prescribe the method ofappointing or electing and removingthem.

(t) Regulate the organization andfunctioning of the municipal court and ofthe minor violations bureau, when and ifestablished, vvithin the limits prescribedby the State Constitution and thisAmended Charter.

(g) Create, change and abolish offices,departments and agencies other than theoffices, departments and agenciesestablished by this Amended Charter;and assign additional functions andduties to offices, departments andagencies established by this AmendedCharter.

(h) Grant pardons, including the remissionof fines and costs, upon therecommendation of the municipal judge.

(i) Adopt a corporate seal and alter it atpleasure.

(Amended by vote of the electorate at anelection held on November 2, 2010.)

Section 2. The council shall consist of fivemembers~ one council member from each ofthe five wards of the city. The terms of themembers will be two years. For the purposeof transitioning from the prior elected termsof four years to terms of two years~ electionswill be held for all wards on April 5, 2011,with the teon to start on the first Monday ofMay, 20] 1, and the term of office for eachward will end when the new council issworn in on the first Monday in Decemberof 2012. The first election for city councilmembers for two year terms will be inNovember of 20]2, with the members to besworn in on the first Monday in Decemberfollowing the election. However, in theevent that the Governor does not approvethis Amended Charter in time to call for anelection for all wards to be held in April of2011, elections will be held in April of 2011for wards 1, 3 and 5, with the terms to starton the first Monday of May, 2011, and theterms of office for these wards will end onthe first Monday of December, 2012, andthe terms of office for members from wards2 and 4 will end on the first Monday inDecember, 2012. The council members shallbe qualified electors of the city for sixmonths prior to the time of their election andeach council member must be a qualifiedresident of his respective ward for sixmonths prior to the time of his election.Each Council member's primary residenceshall be located in his ward and must remainso throughout the tenure of office. For thepurpose of this section,' primary residenceshall mean the place where the councilmember actually resides for the majority ofeach calendar year and the address listed bythe council member as his abode forpurposes of reporting to State and Federalagencies and which would qualify for a"homestead exemption" of the property ifthe property is owned by the councilmember. If a council member ceases to be aresident of the ward in which elected torepresent, he shall thereupon cease to be amember of the council. However, a councilmember holding office prior to the adoptionof this Amended Charter may continue tohold office even if that member moves from

one ward to another within the city limits. Acouncil member must have a record free offelony convictions. A council member mustbe at least twenty-five (25) years of age atthe time of his election to office. No councilmember may hold any position in the citygovernment by appointment of the citymanager. A member of the city councilshall hold no other public office whichwould constitute a conflict of interestaccording to State Statutes. (Amended byvole of the electorate at an election held onNovember 2,2010.)

Section 3. The number of wards of the cityshall not be changed except by amendmentof the Charter; but whenever it shall appearto the city council that it is to the bestinterest of the city to change either theboundary or name, or both the boundary andthe name, of any ward or wards of the city,the city council may, by a vote of two-thirdsof its members, order and cause the same tobe done. Provided, that no such changeshall be made until notice of the proposedchange shaH be given thirty days thereto, byinserting a notice of such proposal at leastone time in a newspaper published in thecity. Provided, that if and when a petitionshall be presented to the council, signed byfifty-five percent of the qualified electors ofthe city, as shown by the preceding generalmunicipal election, praying for a change inthe name, number, or boundary of wards ofthe city, the council shall, within ten daysafter the filing of such petition, change suchwards to conform to the prayer of thepetition, but no such change shall takeeffect, except for election purposes, untilafter the next general election and until theinstallation of officers.

Section 4. The council Inembers, beforeentering upon the discharge of the duties oftheir respective offices, shall each take andsubscribe the oath of office prescribed bythe Constitution of the State of Oklahoma,and such additional oath as may beprescribed by the city council.

Section 5. The city council shall appointfrom among its members a mayor and avice-mayor, requiring three affirmativevotes, who each shall serve tenns of twoyears. The mayor or vice mayor may beremoved from their respective positions bythree affirmative votes. The mayor shallpreside at meetings of the council and shallcertify to the correct enrollment of allordinances and resolutions passed by it. Heshall be recognized as head of the citygovernment for all ceremonial purposes andby the governor for purposes of military law.He shall have no regular administrativeduties except that he shall sign all warrants,checks, or other orders for the disbursementof money, conveyances, and such otherwritten obligations of the city as the councilmay require. The vice-mayor shall act asmayor during the absence or disability of themayor, and if a vacancy occurs, shallbecome mayor for the completion of theunexpired term. If, by succession to theoffice of mayor or otherwise, the office ofvice-mayor becomes vacant, the councilshall appoint another vice-mayor by threeaffirmative votes. The rights,responsibilities, authority and powers of themayor and vice mayor are restricted to whatthe Amended Charter specifically delineatesto the position of mayor and vice mayor.However, they shall have all of the rights,responsibilities, authority and powers as anyother duly elected representative of anyward. (Amended by vote of the electorate atan election held on November 2,2010.)

Section 6. If a vacancy shall occur in theoffice of any council member the councilshall appoint an eligible person to fill thevacancy until the next general municipalelection, subject, as are other councilmembers, to recall. A vacancy shall existwhen an elective officer fails to qualifywithin thirty days after notice of his election,dies, resigns, moves from the ward electedfrom, unless subject to the grandfatherprovision set forth in Section 2 hereof,absents himself continuously for threemonths, except on account of sickness, isconvicted of a felony, is adjudged mentally

incompetent, or shall be recalled under theprovisions of this Amended Charter or maybe removed pursuant to State law. (Amendedby vote of the electorate at an election heldon November 2, 2010.)

Section 7. The council shall hold regularmeetings' on the first Monday of each month,and at such other time or times as thecouncil may, by ordinance, designate, andmay hold such adjourned meetings as it mayfind necessary or convenient for the dispatchof its business; provided, that if a regularmeeting falls on a legal holiday the meetingshall be held on the next succeeding day.Special meetings of the council may becalled by the mayor, or by three councilmembers, at any time, on such notice as thecouncil may prescribe by ordinance.

Section 8. The council shall sit with opendoors at all legislative sessions and shallkeep a journal of all its proceedings, whichshall be a public record. (Amended by voteof the electorate at an election held onNovember 2. 2010.)

Section 9. Within sixty (60) days of theapproval of the Amended Charter by theGovernor, meeting rules of procedure willbe adopted by the city council. They willremain in effect until modified by the citycouncil. Each city council elected insuccessor years will undertake a review ofthe rules of procedure to determine whetherchanges or additions are warranted. Inaddition, within sixty (60) days of theapproval of the Amended Charter by theGovernor, the city council shall adopt rulesregarding the process to be followed forappointment, replacement and removal ofmembers to all commissions, board andtrusts covered by the provisions of Article 2,Section 1 of the Amended Charter, whichprocess will remain in effect until modifiedby the city council. Each city council electedin successor years will undertake of reviewof the procedures to determine whetherchanges are appropriate. (Amended by voteof the electorate at an election held onNovember 2, 2010.)

N

Section 10. A majority of the members ofthe council shall constitute a quorum for thetransaction of business. (Amended by vote ofthe electorate at an election held onNovember 2f 2010.)

Section 11. The council members shallreceive nO salary but shall be paid anattendance fee of ten dollars for eachmeeting of the council attended; but in noevent shall payment be made for more thanfour meetings of the council during anyonecalendar month.

Section 12. The tenns of office of a newlyelected city council shall begin at 7:000' clock p.m., on the first Monday of themonth following each election and they shallhold their -first meeting and be inducted intooffice at that time, or as soon thereafter asmay be possible. (Amended by vole of theelectorate at an election held on November2,2010.)

Section 13. Within sixty (60) days of theapproval of the Amended Charter by theGovernor, the city council will be charged todevelop and adopt a Code of Ethicsapplicable to all elected officials, employeesand Board members which will remain ineffect until modified by the city council.Each city council elected in successor yearswill undertake a review of the Code ofEthics to determine whether any changes areappropriate. (Amended by vole of theelectorate at an election held on November2, 2010.)

ARTICLE 3. NOMINATION ANDELECTIONS

Section 1. Beginning in November of 2012,and for each two years thereafter, a generalelection will be called in November per theElection Board in even numbered years, inaccordance with the laws of the State ofOklahoma in force at the time of holdingsuch elections. (Amended by vote of theelectorate at an election held on November2, 2010.)

Section 2. All city elections shall beconducted on a nonpartisan basis. Nodeclaration of candidacy or ballot shallcontain any party emblem, sign ordesignation, and there shall be nothingthereon to indicate any affiliation of thecandidate.

Section 3. The provisions of the StateConstitution and law relating to electionsshall govern every election of whatever kindof this city insofar as they are applicable andare not superseded by this Amended Charteror by ordinance.

Section 4. The qualifications for electors inevery election of this city shall be thoseprescribed by the State Constitution and law.

Section 5. The council members who are tobe from each of the five (5) wards of the cityas required by Article 2, Section 2 of theCharter, shall be elected at the generalelection by wards, each council member tobe elected by the registered voters in theward in which he or she resides.

ARTICLE 4. RECALL OF ELECTIVEOFFICERS

Section 1. Every incumbent of an electiveoffice, whether elected by popular vote orappointed to fill a vacancy, may be removedfrom office for any cause specified byapplicable State law for the removal ofofficers and by the method or methodsprescribed thereby. In addition, he is subjectto removal by recall by the voters of the city.The procedure to affect such removal fromoffice by recall shall be as foHows:(Amended by vote of the electorate at anelection held on November 2, 2010.)

Section 2. A verified petition, signed by anumber of qualified electors equal to twentyper cent of the registered voters in the wardof the city council member sought to berecalled at the time the petition is filed, shallbe submitted to city clerk, along with a showcause statement of 200 words or less,

demanding the removal of one or more ofsuch elective officers. It shall be the duty ofthe city clerk, upon receipt of a petition forrecall, to send a copy of the petition, alongwith all signature pages, to the city councilmember sought to be recalled by registeredmail. The city clerk shall have ten (10)working days in which to ascertain whetherthe petition has been prepared and circulatedas required and whether the required numberof qualified voters have signed the petitionfor recall. The city clerk shall notify themayor, in writing, whether the petition forrecall meets the criteria set forth herein.Upon being informed by the city clerk thatthe petition for recall meets the criteria setforth above, it shall be the duty of the mayorof the city, within ten days thereafter, toissue a proclamation calling a specialelection, for the purpose of such recall only,setting forth the question to be voted upon atsuch election, in a newspaper published andof general circulation within the city. Suchelection shall be called at the next availableelection date in conformance with State law.In case of petition of the mayor, the electionshall be called by the vice-mayor. Aftercalling of such election, the said petitionshall remain in the office of the city clerk.The signatures to such petition need not allbe appended to one paper, but eachsignatory shall add to his signature his placeof residence, giving the street and number ifany, or if not numbered, the number of lotand block. Some qualified voter who signssuch petition shall make oath before anofficer competent to administer oaths thatthe statements made in such petition aretrue, and some qualified voter who signssuch petition shall make oath to each papercontaining signatures that each signatureappended to such paper is the genuinesignature of the person whose name purportsto be thereto subscribed. The city councilmay impose a monetary penalty against theperson' or persons circulating the petitionupon a determination that the names ofunqualified electors have been knowinglyattached to the petition, such monetarypenalty equal to all cost incurred by the cityin attempting to validate the petition for

recall, including attorney fees. (Amended byvote of the electorate at an election held onNovember 2, 20J0.)

Section 3. The form of ballot at such specialelection shall be as follows:

Recall of Elective OfficersShall (name of officer) be removed from

office of (name of office)?[] YES[J NO

The voter who desires to vote for theremoval of the officer shall stamp in thesquare to the left of the word "YES." The r--..)

voter who desires to vote for the retention inoffice of the officer shall stamp in the squareto the left of the word "NO."

If a simple majority of the duly qualifiedelectors voting at such election shall vote"YES,'~ the officer shall be deemed removedand his office vacated. If a simple majorityof such electors shall vote "NO," suchofficer shall continue to serve as such.Upon successful removal, the city councilwill appoint a replacement for the seat forthe remainder of the term vacated subject toall other terms of this Amended Charter.Any replacement must be a qualified electorof the respective ward at the time ofappointment. (Amended by vole of theelectorate at an election held on November2, 2010.)

Section 4. Such special election shall in allrespects be conducted, returned, and theresult thereof declared as provided by theConstitution and laws of the State ofOklahoma in force at the time of suchelection.

Section 5. No recall petition shall be filedagainst any officer until he shall have heldhis office for at least four months; nor withinsix months after an election has been heldupon a previous petition for recall of thesame officer.

-- .._..._. __. _..._...._-----_.

Section 6. No person who has been recalledfrom an office, or who has resigned fromsuch office while recall proceedings werepending against him, shall be appointed toan office or employment of the city withinone year after such recall or resignation.

The method of removal by recall iscumulative and not exclusive. (Amended byvote of the electorate at an election held onNovember 2, 2010.)

ARTICLE 5. APPOINTIVE OFFICERS

Section 1. The city council shall appointand may remove a city attorney, a. citytreasurer, a city manager, a municipal judgeand such subordinate personnel as may beauthorized from time to time to assist thecity council in perfonning its duties asoutlined in this Amended Charter. Thepowers and duties of appointive officersshall be provided by this Amended Charter,or as may, from time to time, be prescribedby ordinance. The compensation of allappointive officers shall be such as may,from time to time, be fixed by the citycouncil. (Amended by vote of the electorateat an election held on November 2,2010.)

CITY TREASURER

Section 2. The city council shall appointan officer of the city who shall bear the titleof city treasurer. He shall have custody ofall moneys belonging to the city. Subject tosuch regulations as the city council mayordain, he shall deposit daily all funds ofthecity coming into his hands in suchdepositories as the council may, from timeto time, designate.

Section 3. He shall have custody of allinvestments and invested funds of the citygovernment or in the possession of suchgovernment in a fiduciary capacity, andhave the safekeeping of all bonds and notesof the city, and the receipt and delivery ofcity bonds and notes for transfer, registrationor exchange.

Section 4. He shall countersign all warrants,checks, or other orders for the payment ofmoney from city funds.

Section 5. Nothing in this section shallprevent the city council from appointing thecity clerk or finance director to fill thisposition. [n that event, the city clerk orfinance director will continue to report to thecity manager in the day to day performanceof the duties of that position and will reportto the city council in connection with theperformance of his duties as city treasurer.(Amended by vote of the electorate at anelection held on November 2, 2010.) r-..,,)

CITY ATTORNEYDEPARTMENT OF LAW

Section 6. The city council shall appoint aqualified individual licensed to practice lawby the Supreme Court of the State ofOklahoma who shall have the title of cityattorney. He shall be the head of thedepartment of law. (Amended by vote of theelectorate at an election held on November2.2010.)

Section 7. He shall be the chief legaladvisor to the council and all offices,departments and agencies, and of all officersand employees in matters relating to theirofficial powers and duties. He shallrepresent the city in all legal proceedings. Itshall be his duty to perfonn all servicesincident to his position as may be requiredby statute, by this amended Charter, or byordinance.

CITY MANAGERADMINISTRATIVE DEPARTMENTS

Section 8. The city council shall appoint aqualified individual who shall have the titleof city manager, who shall have the powersand perform the duties as set forth in theAmended Charter or by ordinance or as maybe required by law. No member of thecouncil shall receive such appointmentduring the term for which he shall have beenelected, nor within one year after the

expiration of such term. (A mended by vole ofthe electorate at an election held onNovember 2,2010.)

Section 9. The city council shall appoint thecity manager for an indefinite term, and mayremove him by a majority vote of itsmembers. (Amended by vote of theelectorate at an election held on November2, 2010.)

Section 10. Neither the city council nor anyof its members shall direct or request theappointment of any person to, or his removalfrom, office by the city manager, or by anyof his subordinates, or in any manner takepart in the appointment or removal ofofficers and employees in the administrativeservice of the city. Except for the purposeof inquiry, the city council and its membersshall deal with the administrative servicesolely through the city manager, and neitherthe council nor any member thereof shallgive orders to any subordinates of the citymanager, either publicly or privately. Thecity manager may detennine the propermethod of interaction and communicationbetween the city council and staff and shallnotify the city council of the same, inwriting. Any member of the councilviolating the provisions of this section, orvoting for a resolution or ordinance inviolation of this section, shall be subject topublic censure or reprimand by the citycouncil. This section shall not be deemed topreclude the right of recall by the citizens orthe removal from office as provided byapplicable State law for the removal ofmunicipal officers. (Amended by vote of theelectorate at an election held on November2. 2010.)

Section 11. The city manager shall bechosen by the council solely on the basis ofhis executive and administrativequalifications, with special reference to hisactual experience in, or his knowledge of~

accepted practice in respect to the duties ofhis office as hereinafter set forth. At thetime of his appointment~ he need not be aresident of the city or State, but during his

tenure of office he shall reside within 10miles of the city limits. (Amended by vote ofthe electorate at an election held onNovember 2, 20J0.)

Section 12. The city manager shall be thechief administrative officer of the city, andhead of the administrative branch of the citygovernment. He shall execute the laws andadminister the government of the city. Heshall be responsible to the city council forthe proper administration of the affairs ofthe city, and, to that end, subject to thepersonnel provisions of this AmendedCharter, he shall have power and shall berequired to:

(a) Appoint and, when necessary for thegood of the service, remove alladministrative officers and employees ofthe city, except as otherwise provided bythis Amended Charter.

(b) Prepare the budget annually and submitit to the council, and be responsible forits administration after adoption.

(c) Prepare and submit to the council, as ofthe end of the fiscal year, a completereport on the finances and administrativeactivities of the city for the precedingyear.

(d) Keep the council advised of the financialcondition and future needs of the city,and make such recommendations as mayseem to him desirable.

(e) Supervise and control all administrativedepartments and personnel.

(f) Perfonn such other duties as may beprescribed by this Amended Charter, orrequired of him by the council, notinconsistent with this Amended Charter.

(Amended by vole of the electorate af anelection held on November 2, 2010.)

Section 13. The administrative departmentsof the city shall be as established oreliminated by the city council unlessotherwise precluded by the AmendedCharter and as may be required by law.(Amended by vote of the electorate at anelection held on November 2. 20 I0.)

Section 14. The work of each adnlinistrativedepartment may be distributed among suchdivisions thereof as may be established byordinance upon recommendation of the citymanager. Pending the passage of anordinance or ordinances distributing thework of departments under the supervisionand control of the city manager amongspecific divisions thereof, the city managermay establish temporary divisions.

Section 15. To perform his duties during histemporary absence or disability, the citymanager, by letter filed with the city clerk,will appoint a qualified administrativeofficer of the city to be acting city manager.If the city manager fails to make suchdesignation, if the council suspends the citymanager, or if there is a vacancy in theoffice of city manager, the council mayappoint an acting city manager to serve untilthe city manager returns, until his disabilityor suspension ceases, or until it appointsanother city manager, as the case may be.(Amended by vote of the electorate at anelection held on November 2, 2010.)

CITY CLERK

Section 16. The city manager shall appointfor an indefinite term a city clerk, who shallbe clerk of the city council. The city clerkshall keep a journal of the proceedings of thecouncil; shall enroll in a book or books keptfor the purpose all ordinances andresolutions passed by the council; shall, withthe mayor, sign and attest all ordinances,resolutions, contracts, and other instrumentsor matters requiring the assent of the city,when so authorized by the council; and shallperform such other duties as the councilmay, from time to time, prescribe. The cityclerk may appoint deputies to act for him.Nothing in this section prevents the citymanager from appointing the city treasureror finance director to fill this position. If thecity treasurer is appointed to this position, heshall report to the city manager regardingthe performance of his day to day duties ascity clerk and shall report to the city councilin connection with the performance of his

duties as city treasurer. (Amended by vote ofthe electorate at an election held onlVovember 2, 2010.)

FINANCE DIRECTOR

Section 17. The city manager shall appointfor an indefinite time a finance director, whoshall be the head of the department offinance; shall collect or receive all moneysand revenues receivable by the city, andshall deposit the same daily with the citytreasurer in an account or accountsmaintained by the city treasurer in adepository or depositories approved by theCounciL The finance director shall maintaina general accounting system for the citygovernment; shall sign all checks and beresponsible for the disbursement of allmoney; shall determine the regularity andcorrectness of all bills, invoices, payrollsand other evidences of claims, demands orcharges against the city government andaudit and approve them before payment.Nothing in this section prevents the citymanager from appointing the city treasureror city clerk to fill this position. If the citymanager appoints the city treasurer to fillthis position, the city treasurer will report tothe city manager in the day to dayperformance of his duties as finance directorand will report to the city council inconnection with the perfonnance of hisduties as city treasurer. (Amended by vote ofthe electorate at an election held onNovember 2,2010.)

MUNICIPAL JUDGE

Section 18. The city council shall appoint amunicipal judge for an indefinite term. Thecouncil may suspend or remove themunicipal judge or acting municipal judge atany time by majority vote of all itsmembers. The municipal judge shall haveoriginal jurisdiction to hear and determineall cases involving offenses against theordinances of the city; provided that thecouncil may, by ordinance, create a minorviolations bureau with authority to disposeof cases arising out of designated minor

violations~ such as minor traffic and parkingviolations, on request of accused personswho desire to plead guilty, who are able andwilling to pay fines and costs, and who doplead guilty and pay fines and costs. Thecity clerk shall keep a record of allproceedings of the municipal court~ of thedisposition of all cases, and of all fines andother money collected. The style of allprocesses shall be in the name of the city.The municipal judge may administer oathsand make and enforce all proper orders,rules and judgments. The council may, byordinance or resolution, authorize or requirethat the municipal judge shall, at the sametime, hold other office or employment in theservice of the city, but he may not be acouncil member or a policeman. The citycouncil.shall choose him solely on the basisof his qualification to serve as municipaljudge.

Section 19. To perform the duties of themunicipal judge during his temporaryabsence, disability ~ disqualification, orsuspension, the city manager shall designatea qualified person, from time to time as theneed arises, to be acting municipal judgeuntil the municipal judge returns or until hisdisability, disqualification or suspensionceases; or the city manager shall designatesuch a person substitute municipal judge tobe acting municipal judge at all such timesuntil the municipal judge returns or until hisdisability, disqualification or suspensionceases.

Section 20. The municipal court shall havejurisdiction to hear and determine alloffenses against the Amended Charter orordinances of the city.

ARTICLE 6. APPOINTMENTS ANDPROMOTIONS

Section 1. Appointn1ents and promotions inthe service of the city shall be made solelyon the basis of merit and fitness, andremovals and demotions shall be madesolely for the good of the service. Better toachieve these ends, the council may, by

ordinance, establish a department ofpersonnel with a director of personnel at itshead, and may establish a merit system andprovide for its proper organization andfunctioning, and for proper personneladministration. ]n the event a department ofpersonnel is established, the merit andfitness of persons for appointment orpromotion in the classified service, shall beascertained by competitive examinations asfar as practicable; and the council may, byordinance, prescribe the powers and dutiesof the director of personnel, provide for theclassification of the service, regulate thedemotion, suspension, or removal of officersand employees in the classified service, andotherwise provide for the properorganization and functioning of thedepartment and personnel administration.The following shall be in the unclassifiedservice: all elective officers, city attorney,city manager, and the municipal judge.

Section 2. Neither the city council, the citymanager, nor any other authority of the citygovernment may appoint or elect any personrelated to any council member, the citymanager, or himself, or, in the case of pluralauthority, to one of its members, by blood ormarriage within the third degree, to anyoffice or position of profit in the citygovernment; provided, however, the citymanager may appoint himself, or the citycouncil may appoint or elect him, to otheroffices and positions in the city government,subject to regulations adopted by ordinance,but he may not receive compensation forservice in such other offices or positions.Except as may be otherwise provided by thisAmended Charter or by ordinance, the sameperson may hold more than one office orposition of employment in the service of thecity.

Section 3. The city manager or otherappointing or electing authority of the city atany time may, for the good of the service,suspend or remove any officer or employeewhom he or the other appointing or electingauthority respectively may appoint, except

as otherwise provided by, or in accordancewith, this Amended Charter.

Section 4. The appointing or electingauthority who may appoint or elect thesuccessor of an officer or employee in theservice of the city may appoint or elect aperson to act during the temporary absence,disability or suspension of such officer oremployee, or, in the case of a vacancy, untila successor is appointed or elected andqualified, unless the council provides byordinance that a particular superior orsubordinate of such officer or employeeshall act. The council may, by ordinance,provide for a deputy to act in such cases.

ARTICLE 7. INITIATIVE ANDREFERENDUM

Section 1. The powers of initiative andreferendum are reserved to the qualifiedelectors in this city with reference to alllegislative authority which the city mayexercise in accordance with the provisionsof the State Constitution. A verified petitionof initiative or referendum setting forth inplain language of 200 words or less thematter which is sought to be initiated orreferred must be signed by at least twentypercent of all registered voters of the cityqualified to vote at the time the petition iscirculated. The name of each petitioner mustbe accompanied by the street address settingforth residency within the city limits. Thepetition must be filed with the city clerk. Itis the duty of the city clerk to ascertain,within ten working days of submission ofthe petition, whether the subject mattercontained therein is appropriate for initiativeor referendum and whether the requisitenumber of valid signatures are affixed to thepetition. The city clerk shall notify themayor, in writing~ whether the petitionmeets the criteria set forth herein and asmandated by State Constitution. Upon beingadvised that the petition meets the criteria ofthis Amended Charter and the StateConstitution, the mayor, within ten daysthereof, shall issue a proclamation calling aspecial election for the purpose of initiative

or referendum only, setting forth thequestion to be voted upon in said electionand cause the same to be published in anewspaper of general circulation within thecity. The election shall be at the nextavailable election date in conformance withState law. (Amended by vote of theelectorate at an election held on November2. 2010.)

ARTICLE 8. PUBLIC UTILITIES

Section 1. The City of Bartlesville shallnever grant, extend or renew a franchisewithout the approval of a majority of thequalified electors residing within itscorporate limits, who shall vote thereupon ata general or special election; and thelegislative body of the city may submit anysuch matter for approval or disapproval tothe electors thereof at any general municipalelection, or call a special election for suchpurpose at any time upon thirty days' notice;and no franchise shall be granted, extended,or renewed for a longer term than 25 years.

Section 2. Whenever a petition signed by anumber of qualified electors of the cityequal to twenty-five percent of the totalnumber of votes cast in said city at the nextpreceding general municipal election,demanding that a franchise be granted,extended, or renewed, shall be filed with thecity clerk, the mayor shall, within ten daysthereafter, by proclamation embracing theentire text of the proposed franchise to bepublished for a period of not less than tendays, call a special election at which timeshall be submitted the question of whetheror not such franchise shall be granted,extended, or renewed; and if at an electionheld in which such question of granting~

extending, or renewing a franchise issubmitted, a majority of the qualifiedelectors voting thereon shall vote for thegrant, extension, or renewal of suchfranchise~ the same shall be granted by thecity council at the next succeeding regularmeeting thereof.

_ _-

Section 3. No grant, extension, or renewalof any franchise or other use of the streets,alleys, or other public grounds or ways ofthe city shall divest the city or its right ofcontrol and regulation of such use andenjoyment of such streets, alleys, publicgrounds or ways, nor shall the power toregulate the charges for public service besurrendered, nor shall any exclusivefranchise ever be granted by the city.

Section 4. In the event a special election iscalled, as herein provided, to vote upongranting, extending, or renewing a franchise,the expense of such special election shall beborne by the applicant for such franchise;and the payment of such expense shall beprovided for before any such special electionshall be called.

Section 5. Every grant of a franchise orextension or renewal thereof shall contain aprovision that, upon the tennination of thesame, the property of the grantee installed orused under such grant and located in thestreets, alleys~ avenues or other publicgrounds and ways of the city may, at theoption of the city, upon the payment of a fairvaluation of said property as then installed,the mode of ascertaining which shall beprescribed in the grant, be and become theproperty of the City of Bartlesville; and thegrantee shall never be entitled to anypayment of valuation because of the anyvalue derived from or based upon thefranchise itself, or the fact that the grantee isor may be a going concern.

Section 6. The city shall have the power toacquire, by purchase, condemnation, orotherwise, within or without the city, suchlands or other property as may be necessaryfor the establishment, maintenance, andoperation of any public utility, or to providefor and effectuate any other public purpose;and to sell, convey, encumber and dispose ofthe same for the conlmon benefit, but nosale of any public utility shall be made untilit shall have been authorized by vote of thequalified electors of the city voting thereonat a general or special election.

ARTICLE 9. ORDINANCES

Section 1. All ordinances of the city ineffect at the time this Amended Charterbecomes effective, insofar as they are notinconsistent with this Amended Charter,shall continue in force and effect until theyare repealed or until they have expired bytheir own limitations.

Section 2. The enacting clause of allordinances passed by the city council shaHbe: "Be it ordained by the City Council ofthe City of Bartlesville," and all ordinances (J1

proposed by the voters under their power ofinitiative shall be "Be it ordained by thePeople of the City of Bartlesville."

Section 3. Titles of proposed ordinancesshall be' read, and except in the case of anemergency ordinance or instance where agreater majority is required by this AmendedCharter or by law" a vote of a majority of allthe council members shall be required forpassage of the ordinance. A four-fifths voteshall be required for passage of anemergency ordinance. The vote on thepassage of every ordinance shall be by yeasand nays or abstentions and shall be enteredin the journal. The mayor shall have nopower of veto.

Section 4. Every ordinance, withoutnecessity of declaring an emergency orincluding an emergency clause therein, shallgo into effect on the day following the dateof publication, unless the ordinance specifiesa later time. Emergency ordinances,containing a separate section declaring anemergency, shall go into effect concurrentlywith passage, but shall be published withinten days thereafter.

Section 5. Publication shall be by insertionin one issue of a newspaper of generalcirculation in the city, provided that, in lieuof publication in a newspaper, a code ofordinances, or the extension or revision of apart of a code may be printed or duplicatedwith at least fifty copies in book or pamphletform or loose leaves for insertion in a loose-

leaf system in which case a certified copy ofthe book, pamphlet or loose-leaf shall befiled in the office of the city clerk.Whenever an ordinance is published in anewspaper, a line shall be pre-fixed inbrackets, stating correctly the month, dayand year of publication.

Section 6. The council, by ordinance, mayadopt by reference, codes, ordinances, andstandards relating to building, plumbing,electrical installations, public health andpublic safety and other matters which it haspower to regulate otherwise. Such code,ordinance, or standard so adopted need notbe enrolled in the book of ordinances, but acopy shall be filed and kept in the office ofthe city clerk. Filing of a copy properlycertified in the office of the city clerk shallconstitute its enrollment; but the city clerkshall enter a statement of the publication inthe book of ordinances. The city clerk shallkeep copies of every such code, ordinance,or standard in force for distribution or sale attheir approximate cost.

Section 7. The ordinances of the city shallbe codified and published in book orpamphlet fonn at least every ten years,unless the council by use of a loose-leafsystem and process of amendment, keeps thecode up-to-date. Titles, enacting clauses,and emergency sections may be omittedfrom the code; and temporary and specialordinances and parts of ordinances whichare to be repealed by the code shall beomitted from the code. The ordinances andparts of ordinances included in the code maybe revised, rearranged and reorganized; andthe code may contain new matter andprovisions of State law relating to the city.A copy of the published code shall be filed .in the office of the city clerk, but the codeneed not be enrolled in the book ofordinances.

Section 8. No ordinance shall contain morethan one subject, which shall be clearlyexpressed in its title, and no ordinance shallbe revised or amended unless the newordinance contains the entire ordinance

revised or the section or sections amended,and the section or sections so amended shallbe repealed.

Section 9. Protests against proposed zoningchanges shall be filed with the city clerk atleast three days before the date of the publichearing. If protests are filed by:

1. The owners of twenty percent (20%) ormore of the area of the lots included in aproposed change; or (J1

2. The owners of fifty percent (50%) ormore of the area of the lots within athree hundred (300) foot radius of theexterior boundary of the territoryincluded in a proposed change; or

3. The owners of fifty percent (50%) ormore of the lots, or portions of lots,within a three hundred (300) foot radiusof the exterior boundary of the territoryincluded in a proposed change;

then the proposed change or amendmentshall not become effective except by afavorable vote of four-fifths of all themembers of the City Council. (Amended byvote of the electorate at an election held onNovember 2, 20J0.)

ARTICLE 10. THE BUDGET

Section 1. The fiscal year of the citygovernment shall begin on the first day ofJuly and end on the last day of June of eachcalendar year. Such fiscal year shall alsoconstitute the budget and accounting year.As used in this Amended Charter, the term'·budget year" shall mean the fiscal year forwhich any particular budget is adopted andin which it is administered.

Section 2. The budget shall be prepared inaccordance with 'Oklahoma Statutes andadopted by the favorable vote of at least amajority of the members of the city council.Upon final adoption, the budget shall be ineffect for the fiscal year.

ARTICLE 11. AUDITS AND REPORTS

Section 1. The city council shall designate aqualified and certified public accountant, oraccountants, who shall make an independentannual audit of the accounts and evidencesof financial transactions of the department offinance and of all other departments, officesand agencies keeping separate orsubordinate accounts or making financialtransactions, as of the end of every fiscalyear, and who shall report to the city counciland to the city manager. It shall also be theduty of the auditor from time to time, torecommend changes in methods employedin the fiscal affairs of the city, with a view tosimplifying and improving the same.

ARTICLE 12. LABOR

Section t. All laws heretofore enacted orthat may hereafter be enacted by the State ofOklahoma, designed to carry into effect theprovisions of the Constitution relative toprotection of labor and prevention of childlabor, are hereby made a part of the organiclaw of the city and the duty of enforcing thesame is hereby placed upon the city council.

ARTICLE 13. PUBLIC LIBRARY

Section 1. The public library shall be anadministrative department of the city, andshall be under the supervision and control ofa director who shall report to the citymanager. (Amended by vote of/he electorateat an election held on November 2, 2010.)

ARTICLE 14. COMMISSIONS,BOARDS, COMMITTEES,

DEPARTMENTS

Section 1. All commissions, boards,committees, departments, and othergovernmental agencies in existence at thetime this Amended Charter takes effect,insofar as not inconsistent with thisAmended Charter, shall continue in fullforce and effect for the terms and for thepurposes for which they were created,elected or appointed, or until otherwise

provided by the city council, by ordinance orotherwise.

Section 2. The city council shall have thepower and authority to create, by ordinanceor otherwise, and designate and define thepowers and duties of:

(a) A planning board or commission;(b) A zoning board or commission;(c) A board of adjustment; and(d) Such other boards, commissions,

committees, agents, or agencies as thecouncil may, from time to time, deemnecessary or convenient in theadministration or carrying on of thebusiness and affairs of the city.

ARTICLE 15. CITY BUILDINGS,PLAYGROUNDS, PARKS, AND

OTHER PUBLIC PLACES

Section 1. The city council shall have thepower, and it shall be its duty, by ordinanceor otherwise, to provide for the regulationand control of the use of the city buildings,cemetery, city parks., playgrounds,boulevards, comfort stations, and otherpublic places now owned or hereafteracquired by the city, for use of the city in theconduct of the business and affairs of thecity, and for the peace, health, safety,comfort, convenience, and recreation of thepeople.

Section 2. The city council, in order to carryout the purposes of this article, may createand establish such departments, committees,commissions, boards, or other agents oragencies as the council may deem to benecessary or convenient for the purpose orpurposes and the council shall define thepowers and duties of such departments,committees, commissions, boards, or otheragents or agencies.

Section 3. All such departments,committees, commissions, boards, agents oragencies, unless otherwise provided by thecouncil, shall be deemed to be parts of theadministrative service of the city, and shall

be subject to the supervision of the citymanager.

Section 4. The members of all suchdepartments, committees, commISSIons,boards, or agents or agencies shall servewithout monetary compensation, unless anduntil otherwise provided by the city counci1.

ARTICLE 16. GENERAL PROVISIONS

Section 1. No contract shall be entered intoby the city council in excess of the amountappropriated, and no contract shall bebinding upon the city unless it has beensigned by the mayor, and attested by the cityclerk, and the expense thereof encumberedin the proper fund liable for payment of thesame, and whenever the contractsencumbered in any fund equal theappropriation made therefore, no furthercontract shall be signed by the mayor orattested by the city clerk for payment fromsuch fund,

Section 2. Every contract in any sumexceeding the amount set by State law withany person or persons, for the purpose ofmaking any public . improvements orconstructing any public building or makingrepairs on the same shall require the partycontracted with to furnish a bond with goodand sufficient sureties to the City ofBartlesville in a sum not less than the sumtotal in the contract, conditioned that suchcontractor or contractors pay allindebtedness incurred for labor or materialfurnished in the construction of said publicbuilding or in making said publicimprovements.

Section 3. Every contract in any sumexceeding the amount set by state law withany person or persons for the purpose ofmaking any public improvements, orconstructing any public building or makingrepairs on the same shall be based onspecifications approved by the city counciland shall be awarded to the lowest and bestbidder after advertisement for bids has beenpublished in not less than three issues of a

daily newspaper, or in not less than twoissues of a weekly newspaper of generalcirculation in the city. The council may letthe contract to the lowest and best bidder ormay reject all bids. (Amended by vole of theelectorate at an election held on November2,2010.)

Section 4. Every contract in any sumexceeding the amount established byordinance by the city council for the purposeof purchasing supplies, materials, orequipment shall be awarded to the lowest (J1

and best bidder after advertisement for bidshas been published in not less than threeissues in a daily newspaper, or in not lessthan two issues of a weekly newspaper ofgeneral circulation in the city. The councilmay let the contract to the lowest and bestbidder or may reject all bids. Provided,however, that items available through theState of Oklahoma's central purchasingcontracts may be purchased from the State'svendor directly without bidding as theseitems have already been processed through asimilar, rigorous competitive biddingprocess. (Amended by vote of the electorateat an election held on November 2,2010.)

Section 5. When property of the citybecomes obsolete or surplus, and no longerneeded by said city, the city manager shalldetermine the value thereof, before the sameis offered for sale. The city manager maythen dispose of the property in the mannerwhich is most advantageous to the city. Thecity council shall set by ordinance themaximum value of the property the citymanager is authorized to dispose of withoutcouncil approval.

Section 6. No appointed officer oremployee of the city shall give or promise togive to any other person, any portion of hiscompensation or any money or valuablething or promise of employment to anyperson, in consideration of having beenappointed to any office or employment, andif any such promise or gift be made, theperson making or accepting such gift orpromise shall forfeit his office or

employment and be debarred anddisqualified from being appointed oremployed in the service of said city.(Amended by vote of the electorate at anelection held on November 2. 2010.)

Section 7. Any employee of the city whoshall, while employed by the city, acceptany donation or gratuity in money or othervaluable thing, either directly or indirectly,for his personal use, from any person orcorporation dealing with the city, or anysubordinate or employee, or from anycandidate or applicant for any position asemployee, or subordinate under him, shallforfeit his office and be forever debarred anddisqualified from holding any position in theservice of the city. This provision shall notbe construed to prohibit accepting items ofnominal value from vendors or other personsor entities doing business with the· city.(Amended by vote of the electorate at anelection held on November 2.2010.)

Section 8. No member of the city council,nor any appointive officer or any employeeof the city) shall be directly or indirectly inthe employ of any person, company, orcorporation holding or seeking to .hold anyfranchise of the City of Bartlesville, or shallreceive, directly or indirectly, any wages,commission, gift or favor, or payn1ent fromany such franchise holder. (A mended by voteof the electorate at an election held onNovember 2, 2010.)

Section 9. No member of the city council orany other officer or employee of said cityshall be directly or indirectly interested inany work, business, or contract, the expense,price or consideration of which is paid fromthe city treasury) or by an assessment leviedby ordinance or resolution of the citycouncil; nor be the surety of any personhaving any contract work or business withsaid city for the performance of whichsecurity may be required, nor be the suretyon the official bond of any officer of thecity. Contracts in violation of saidprovisions shall be void.

Section 10. No demand for'money againstthe city shall be approved~ allowed, or paidunless it shall be in writing, dated~ andsufficiently itemized to identify theexpenditure, and shall first be approved bythe city manager or his designee and thehead of the department creating orauthorizing the demand. (Amended by voleof the electorate at an election held onNovember 2, 2010.)

Section 11. Every officer who shallapprove, allow, or pay any demand on thetreasury not authorized by law or by thisCharter, shall be liable to said cityindividually and on his official bond for theamount of the demand so illegally approved,allowed or paid.

Section 12. All books and records in everyoffice and department shall be open to theinspection of any citizen at any time duringbusiness hours, except as exempted by statelaw.

Section 13. It shall be the official duty ofevery officer or person in the employ orservice of said city, when it shall come to hisknowledge that any contract or agreementwith said city or with any officer has been oris about to be violated by the othercontracting party, forthwith to report to thecity manager or the city council all facts andinformation in his possession concerningsuch matter, and a failure to do so shallrender vacant his office or position.

Section 14. Ten or more resident taxpayersof the city may seek to maintain an action inthe proper court to restrain the execution ofan illegal, unauthorized or fraudulentcontract of said city, or prevent any paymentupon any illegal, unauthorized or fraudulentcontract or agreement on behalf of said city,or to restrain any disbursing officer of saidcity from paying any illegal, unauthorized orfraudulent bill, claim or demand against saidcity or any salary or compensation of anyperson in its administrative services, whoseappointment has not been made in pursuanceof the provisions of law. Prior to initiating

any such legal action, ten or more residenttaxpayers must submit a written notice to thecity council specifically outlining the actionsought to be restrained. The written andverified notice must contain the signature ofeach taxpayer and his residence addresswithin the city limits. No legal action maybe initiated on such notice until thirty daysafter receipt by the city council of the noticein order to allow the city council anadequate opportunity to respond to thenotice either by agreeing with such demandor initiating legal action to determine thevalidity of the proposed action. Ten or moreresident taxpayers who believe that anillegal, unauthorized or fraudulent contacthas been entered into by the city; or that anillegal, 'unauthorized or fraudulent paymenthas been made on said contract, or that anunlawful transfer of public property ormonies has occurred, or that publ ic fundshave been paid or public propertytransferred in settlement of a fraudulent orvoid claim, may submit a written demand,signed and verified by each of the taxpayers,upon the city council to initiate properproceeding to recover the property or funds.No legal action may be initiated by thetaxpayers until thirty days after receipt bythe city council in order to allow the citycouncil an adequate opportunity to respondto the demand. Upon refusal, failure orneglect of the city council to take actionafter receipt of the demand, the taxpayersmay then initiate an action in the name ofsaid city, against the officer makingpayment, and his surety or sureties and theparty receiving the same, or anycombination thereof to recover the amountso paid,. and all amounts recovered, afterdeducting all expense of the action, shall bepaid into the city treasury. Any such actionmust be brought within one year of thepayment of the funds or the transfer of theproperty. However~ no action for personalliability shall lie against an officer oremployee of the city for a transactionapproved in good faith reliance on theadvice of legal counsel for the city or whichhas been submitted to a court of competentjurisdiction for a determination of legality.

In case said taxpayers are not successful insuch action, they shall pay all costs. In noevent shall the city ever be liable for thepayment of such costs. This provision shallbe the exclusive procedure available totaxpayers seeking to bring a qui tam actionagainst any city officer or employee.(Amended by vote of the electorate at anelection held on November 2, 2010.)

Section 15. All officers authorized byFederal or State law, the mayor, the citymanager, the city treasurer, the city clerk,the municipal judge, and such other officersas the city council may authorize, mayadminister oaths.

Section 16. Every officer of the city, beforeentering upon the duties of his office, shalltake and subscribe the oath or affirmation ofoffice prescribed by the State Constitution.

Section 17. The city clerk, the citytreasurer, and such other officers andemployees of the city as the city councilmany designate, before entering upon theirduties, shall provide bonds for the faithfulperformance of their respective duties~

payable to the city, in such form and in suchamounts as the council may prescribe, with asurety company or companies authorized tooperate within the State. The city shall paythe premium on such bonds.

ARTICLE 17. SUCCESSION INGOVERNMENT

Section 1. The five council membersholding office at the time this AmendedCharter shall become effective shallcontinue to hold and occupy their respectiveoffices for the tenns for which they wereelected or appointed, until their successors,respectively, shall have been elected orappointed and qualified, vested with all thepowers and duties conferred to or imposedupon council members under or by virtue ofthe provisions of this Amended Charter.

Section 2. Nothing in this Amended Chartercontained, except as specifically provided,

shall affect or impair the rights or privilegesof officers or employees of the city or of anyoffice, department or agency existing at thetime when this Amended Charter shall takeeffect, or any provision of law in force at thetime when this Amended Charter shall takeeffect and not inconsistent with theprovisions of this Amended Charter, inrelation to the personnel, appointment,ranks, grades, tenure of office, promotion,removal, pension, and retirement rights, civilrights, or any other rights or privileges ofofficers or employees' of the city or anyoffice, department or agency thereof.

Section 3. All persons holdingadministrative office at the time thisAmended Charter takes effect shall continuein office and in the performance of theirduties until provision shall have been madein accordance therewith for the performanceof such duties or the discontinuance of suchoffice. The powers conferred and the dutiesimposed upon any office, department oragency of the city by the laws of the Stateshall, if such office~ department or agencybe abolished by this Amended Charter orunder its authority, be thereafter exercisedand discharged by the office, department oragency designated by the city council unlessotherwise provided herein.

Section 4. Any person holding an office orposition in the classified service of the citywhen this Amended Charter takes effectwho shall have served in such position for aperiod of at least three months shall beretained .without preliminary or workingtests and shall thereafter be subject in allrespects to the provisions of this AmendedCharter. Other persons in the city service atthe time this Amended Charter takes effectshall be regarded as holding their positionsunder provisional appointments.

Section 5. All records, property andequipment whatsoever of any office,department or agency or part thereof, all thepowers and duties of which are assigned toany other office, department or agency bythis Amended Charter, shall be transferred

and delivered to the office, department oragency to which such powers and duties areso assigned. If part of the powers and dutiesof any office, department or agency or partthereof are by this Amended Charterassigned to another office, department oragency, all records, property and equipmentrelating exclusively thereto shall betransferred and delivered to the office,department or agency to which such powersand duties are so assigned.

Section 6. Any office, department or agencyprovided for in this Amended Charter with aname or with powers and duties the same orsubstantially the same as those of an office,department or agency heretofore existingshall be deemed to be a continuation of suchoffice, department or agency and shallexercise its powers and duties incontinuation of their exercise by the office,department or agency by which the samewere heretofore exercised and shall havepower to continue any business, proceedingor other matters within the scope of itsregular powers and duties commenced by anoffice, department or agency by which suchpowers and duties were heretoforeexercised. Any provisions in any law, rule,regulation, contract, grant or other documentrelating to such a formerly existing office,department or agency, shall, insofar as notinconsistent with the provisions of thisAmended Charter, apply to such office,department, or agency provided for by thisAmended Charter.

Section 7. All contracts entered into by thecity, or for its benefit, prior to the takingeffect of this Amended Charter, shallcontinue in full force and effect. Publicimprovements for which legislative stepshave been taken under laws or charterprovisions existing at the time this AmendedCharter takes effect may be carried tocompletion as nearly as practicable inaccordance with the provisions of suchexisting laws and charter provisions.

Section 8. No action or proceeding, civil orcriminal, pending at the time when this

Governor of the State of Oklahoma

APPROVED by the voters of the City ofBartlesviHe this 13th day of January 1987.

the powers, authority, and jurisdictiontheretofore possessed by them, respectively,until their terms of office of service shallhave terminated, or until otherwise providedby the city council.

day ofAPPROVED this

AMENDMENTS to Preamble, Article 1,Sections 3, 4, and 5, Article 2, Sections 1, 2,5, 6,8, 9, 10, 12, and 13, Article 3, Section1, Article 4, Sections 1, 2, 3, and 7, Article5, Sections 1,5,6, 8, 9, 10, 11, 12, 13, 15,16, and 17, Article 7, Section 1, Article 9,Section 9, Article 13, Section 1, Article 16,Sections 3, 4, 6, 7, 8, 10, and 14, and Article18, Section 1 were approved by the voters ofthe City of Bartlesville, on the 2nd day ofNovember, 2010.

AMENDMENTS to Article 2, Section 2,Article 2, Section 5, Article 2, Section 11,Article 10, Section 2, Article 16, Section 4,and Article 16, Section 5 were approved bythe voters of the City of Bartlesville on the5th day of April, 2005.

Section 1. This Amended Charter may beamended by proposals therefore submittedby the city council of the City ofBartlesville, to the qualified electors thereof,or by petition as provided by law or as setforth in Article 7 of this Amended Charter,at a general or special election, and whenratified by a majority of the qualifiedelectors voting thereon, and approved by thegovernor, as herein provided for theapproval of the Charter, such amendmentshall take effect and be in force. (Amendedby vote of the electorate at an election heldon November 2, 20J0.)

ARTICLE 18. AMENDMENTS

Amended Charter shall take effect, broughtby or against the city or any office,department or agency or officer thereof,shall be affected or abated by the adoptionof this Amended Charter or by anythingherein contained; but all such actions orproceedings may be continuednotwithstanding that functions, powers andduties of any office, department or agency orofficer party thereto may be or under thisAmended Charter be assigned or transferredto another office, department or agency orofficer, but in that event the same may beprosecuted or defended by the head of theoffice, department or agency to which suchfunctions, powers and duties have beenassigned or transferred by or under thisAmended Charter.

ARTICLE 19. SCHEDULE TOAMENDED CHARTER

(seal)

ATTEST:Section 1. When this Amended Chartershall have been adopted by a majority of thequalified electors voting thereon, and shallhave been approved by the Governor of theState of Oklahoma, it shall thereupon be infull force and effect.

Secretary of State

Section 2. All officers and other persons inthe service of the city at that time shallcontinue to serve as such, receive thecompensation therefore now provided bylaw or by ordinance, and have and exercise