Ordinances & Resolutions
How do ordinances differ from resolutions?
A. What is an ordinance? An ordinance is defined as a formal legislative act of a municipal governing body which has the force and effect of a continuing regulation and a permanent rule of conduct or government for the municipality. 11 O.S. Section 1-102.
B. What is a resolution? A resolution is a special or temporary act of a governing body which is declaratory of the will or opinion of a municipality in a given matter and is in the nature of a ministerial or administrative act. A resolution is not a law and does not prescribe a permanent rule of conduct or government. 11 O.S. Section 1-102.
C. What are resolution details? Resolutions are not required to be published unless required by Charter. Municipal clerks are not required to keep a “Resolution Book”. Some clerks record resolutions in full in a minute book, but no statute requires this.
How does a municipality adopt an ordinance?
A. Must the ordinance be in writing? Yes. The governing body must have before it a proposed ordinance that is a written document, which contains the exact wording, which the governing body intends to adopt as law.
B. Can the ordinance be amended? Yes. It may be amended at the meeting at which it is considered but all motions to amend must state (a) the exact language to be added to or deleted from the proposed ordinance; and (b) exactly where that language will be added or deleted.
C. Can the ordinance be written after the vote? No. It is not sufficient to vote on a policy proposal if that proposal is not written down in ordinance form at the time of the vote. An "ordinance" drafted after a vote is not valid.
D. What majority is required for an ordinance? The proposed ordinance must be passed by a majority of all the members of the governing body. A majority of the quorum is not sufficient. (Example: if there are five governing body positions and two positions are not present, three members make a quorum. However, all three members would have to agree because an ordinance requires a majority vote of all members.)
Which votes require a more than a simple majority of the governing body?
A. When is a majority of all the members required? A majority of all the members of the governing body is required to: (1) adopt an ordinance (11 O.S. Section 14-102); (2) appoint a city manager (11 O.S. Section 10-122) and (3). To borrow or appropriate money. (11 O.S. Section 17-101).
B. What is required to fill a vacancy? A majority of all the remaining members of the governing body is required to appoint a person to fill a vacancy on the governing body. (11 O.S. Section 8-109).
C. When is a 2/3rd vote required? A 2/3 vote of the governing body is required to change the boundaries or number of wards of a municipality. (11 O.S. Section 20-103).
D. When is a 3/4th vote required? A 3/4 vote of all governing body members is required to attach an emergency clause to an ordinance (11 O.S. Section 14-103).
E. When is a 3/5th vote required? If a protest is filed regarding a proposed change in zoning ordinance, a 3/5th favorable vote of all members is required to make the change if the governing body consists of 7 members or less; a 3/4th favorable vote of all members is required if the governing body consists of more than 7 members. (11 O.S. Section 43-105).
What are the requirements on minutes for the adoption of an ordinance?
A. What are the basics? When adopting an ordinance, the minutes should contain: (1) An indication that the ordinance was on the agenda for approval; (2) A brief summary of the findings by the governing body that the ordinance was necessary; (3) The name of the person making the motion adopting the ordinance and the name of the person seconding the motion; (4) The adopting motion (which should include the number and title of the ordinance adopted); (5) The vote of each member on the motion. 25 O.S. Section 115.
What is a "Quorum"?
A. How is quorum defined? Title 11 defines "quorum" as a "majority of ALL the members of the governing body, board, or commission, including vacant positions. If a city is governed by a charter, that charter may have a different requirement. 11 O.S. Section 1-102.
B. Where are quorum definitions for specific forms of government? The various forms of municipal government have specific statutes that define quorum as a majority of all members of the governing body. The Aldermanic Form is found at 11 O.S. Section 9-110. The Council-Manger Form is found at 11 O.S. Section 10-109. The Strong Mayor-Council Form is found at 11 O.S. Section 11-110. The Town Board of Trustees Form is found at 11 O.S. Section 12-108.
Is there a state statute on dissolution of a municipality?
A: Yes. There are two ways to dissolve a municipality. Each requires specific facts in order to get the job done. Dissolution may be done via: Application signed by one-third of registered voters residing in the municipality as shown by the preceding general election. 11 O.S. Section 7-101. The application would then need to be approved by a majority vote and the “votes have been caste by at least two-fifths of the registered voters of the municipality (as shown by the preceding general election).” 11 O.S. Section 7-102.
Action by the district attorney in district court if:
(1). General elections have not been called in the municipality for two successive general elections; or
(2). A majority of all the members of the governing body fail to qualify for two successive general municipal elections. 11 O.S. Section 7-105.
Can Golf Carts Be Used on Roads?
Question:
With the high cost of fuel, our citycouncil wondered if golf carts could be legalized to operate on city roads inan effort to help our constituents with their effort to save money?
Answer:
The governing body may pass anordinance to allow golf carts on city/town streets, that does not conflict with Oklahoma Statutes, Title 47 O.S. Section 1151.1. OMLhas samples of other municipality’s ordinances that have been passed inparallel with the Oklahoma Statutes. For a sample, please clickhere: (Hobart ordinance)
8. What can we do about property owners maintaining their rental properties?
Please see the following samples for more information: