Public Notices


 

 


Administrative/Executive


 

Ordinance 2159 – OMRF Defined Contribution Plan

ORDINANCE No. 2159

CITY OF BIXBY, OKLAHOMA

ON MONDAY, AUGUST 24, 2015, ORDINANCE NUMBER 2159 WILL BE CONSIDERED AND VOTED UPON BY THE BIXBY CITY COUNCIL FOR PASSAGE AND APPROVAL. THIS ORDINANCE AMENDS THE EMPLOYEE RETIREMENT SYSTEM, A DEFINED CONTRIBUTION PLAN FOR THE POSITION OF CITY MANAGER OF THE CITY OF BIXBY, IDENTIFIED AS THE “BIXBY CMO PLAN”. THIS RETIREMENT SYSTEM IS MANAGED BY THE OKLAHOMA MUNICIPAL RETIREMENT FUND (OMRF). THE AMENDMENTS TO THE PLAN ARE TO PROVIDE FOR COMPLIANCE WITH UNITED STATES INTERNAL REVENUE SERVICE (IRS) REGULATIONS AND DAILY MANAGEMENT OF THE PLAN.

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Ordinance 2160 – OMRF Defined Contribution Plan

ORDINANCE No. 2160

CITY OF BIXBY, OKLAHOMA

ON MONDAY, AUGUST 24, 2015, ORDINANCE NUMBER 2160 WILL BE CONSIDERED AND VOTED UPON BY THE BIXBY CITY COUNCIL FOR PASSAGE AND APPROVAL. THIS ORDINANCE AMENDS THE EMPLOYEE RETIREMENT SYSTEM, A DEFINED CONTRIBUTION PLAN FOR THE POSITION OF CITY MANAGER OF THE CITY OF BIXBY, IDENTIFIED AS THE “BIXBY CMO-SI SPECIAL INCENTIVE CMO PLAN”. THIS RETIREMENT SYSTEM IS MANAGED BY THE OKLAHOMA MUNICIPAL RETIRE-MENT FUND (OMRF). THE AMEND-MENTS TO THE PLAN ARE TO PROVIDE FOR COMPLIANCE WITH UNITED STATES INTERNAL REVENUE SERVICE (IRS) REGULATIONS AND DAILY MANAGEMENT OF THE PLAN.

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Elections


 

ORDINANCE NO. 2164

ORDINANCE NO. 2164

 

AN ORDINANCE AMENDING BIXBY CITY CODE TITLE 2, CHAPTER 5, TITLED “TAXES”, ARTICLE E, TITLED “DEBT SERVICE SALES TAX”; AMENDING SECTION 2‑5E‑1, TITLED “CITATION”; AMENDING SECTION 2-5E-6, TITLED “PURPOSE OF REVENUES”,  TO MODIFY THE PURPOSE OF TEN‑HUNDREDTHS OF ONE PERCENT (0.10%) OF THAT SALES TAX UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES TO INCLUDE THE PURPOSE OF PAYING DEBT SERVICE AND/OR FUNDING CAPITAL IMPROVEMENTS; FURTHER  AMENDING SECTION 2-5E-6, TITLED “PURPOSE OF REVENUES”, TO PROVIDE THAT FIFTEEN‑HUNDREDTHS OF ONE PERCENT (0.15%) OF THAT SALES TAX UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES BE FOR THE PURPOSE OF OPERATING, MAINTAINING AND IMPROVING PUBLIC PARKS AND RECREATION FACILITIES OF THE CITY; AMENDING SECTION 2‑5E‑7, TITLED “TERM OF TAX”; PROVIDING AN EFFECTIVE DATE, SUBJECT TO APPROVAL OF A MAJORITY OF THE REGISTERED VOTERS OF THE CITY OF BIXBY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

 

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

 

Section 1.  That Bixby City Code Title 2, “Finance and Taxation”, Chapter 5, “Taxes”, Article E, titled “Debt Service Sales Tax”, Section 2‑5E‑1, titled “Citation” be amended to read as follows:

 

2‑5E‑1:  CITATION

 

This article shall be known and may be cited as CITY OF BIXBY 2015 ONE-QUARTER PENNY SALES TAX ORDINANCE.”

 

Section 2.  That Bixby City Code Title 2, “Finance and Taxation”, Chapter 5, “Taxes”, Article E, titled “Debt Service Sales Tax”, Section 2‑5E‑6, titled “Purpose of Revenues” be amended to read as follows:

 

2-5E-6: PURPOSE OF REVENUES:

 

It is hereby declared to be the purpose of this article to provide ten‑hundredths of one percent (0.10%) of the twenty‑five hundreds of one percent (0.25%) sales tax upon the gross receipts or proceeds on certain sales as defined in the Oklahoma Sales Tax Code, for the purpose of paying principal and interest on general obligation bonds of the City and/or paying principal of and interest on revenue bonds or notes of the Bixby Public Works Authority and/or funding capital improvements of the City, as defined in Bixby City Code. Section 2‑5A‑7; and fifteen‑hundredths of one percent (0.15%) of the twenty‑five hundreds of one percent (0.25%) sales tax upon the gross receipts or proceeds on certain sales as defined in the Oklahoma Sales Tax Code, for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, effective January 1, 2016.”

 

Section 3.  That Bixby City Code Title 2, “Finance and Taxation”, Chapter 5, “Taxes”, Article E, titled “Debt Service Sales Tax”, Section 2‑5E‑7, titled “Term of Tax” be amended to read as follows:

 

2-5E-7: TERM OF TAX:

 

The tax levied and repurposed in this article shall continue and remain in effect from and after January 1, 2016, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on same in the manner prescribed by 11 Oklahoma Statutes, 2011, Section 16-101 et seq., as amended.”

 

            Section 4.  SEVERABILITY. The provisions of this Ordinance are declared to be severable, and if any section, subsection, paragraph, sentence or clause of this Ordinance is for any reason held invalid or inoperative by any Court of competent jurisdiction such decision shall not affect any other section, subsection, paragraph, sentence or clause of this Ordinance.

 

Section 5. EMERGENCY. By reason of the urgent need to provide funding for municipal services and facilities in order to provide for the furtherance and preservation of the public peace, health, safety and welfare of the City and its inhabitants, an emergency is declared to exist and for such reason this Ordinance shall be in full force and effect from and after its passage and approval.

 

            Section 6.  EFFECTIVE DATE.  This Ordinance shall be effective on and after January 1, 2016, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 et seq., as amended.

 

APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to‑wit: 4YES, 1NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

 

APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to‑wit: 5YES, 0NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

(Seal)

ATTEST:

 

 

         s/             Yvonne Adams                     

City Clerk

APPROVED:

 

 

         s/          Patrick T. Boulden                  

City Attorney

 

 

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ORDINANCE NO. 2165

ORDINANCE NO. 2165

 

AN ORDINANCE LEVYING AND ASSESSING A SALES TAX OF THREE‑TENTHS OF ONE PERCENT (0.30%)  IN ADDITION TO PRESENT SALES TAXES UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS DEFINED IN THIS ORDINANCE; ESTABLISHING THE PURPOSE OF THE THREE‑TENTHS OF ONE PERCENT (0.30%)  SALES TAX; DEFINING TERMS; PRESCRIBING PROCEDURES, REMEDIES, LIEN AND FIXING PENALTIES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

 

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

 

            SECTION 1.  CITATION AND CODIFICATION.  This Ordinance shall be known and may be cited as “City of Bixby 2015 Downtown River Corridor Sales Tax Ordinance“.

 

SECTION 2.  DEFINITIONS.  The definitions of words, terms and phrases contained in the Oklahoma Sales Tax Code, Title 68, Oklahoma Statutes 2011, Section 1352, as amended, are adopted by reference and made a part of this Ordinance.

 

SECTION 3.  TAX COLLECTOR DEFINED.  The term “Tax Collector” as used in this Ordinance means the Department of the City government or the official agency of the State duly designated according to law or contract authorized by law to administer the collection of the tax levied by this Ordinance.

 

SECTION 4.  CLASSIFICATION OF TAXPAYERS. For the purpose of this Ordinance the classification of taxpayers shall be as prescribed by state law in the Oklahoma Sales Tax Code, Title 68, Oklahoma Statutes 2011, Article 13, as amended.

 

SECTION 5.  SUBSISTING STATE PERMITS.  All valid and subsisting permits to do business issued by the Oklahoma Tax Commission pursuant to the Oklahoma Sales Tax Code are, for the purpose of this Ordinance ratified, confirmed and adopted in lieu of any requirement for an additional City permit for the same purpose.

 

SECTION 6.  EFFECTIVE DATE.  This Ordinance shall be effective on and after January 1, 2017, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 et seq., as amended.

 

SECTION 7.  PURPOSE OF REVENUES.  It is the purpose of this Ordinance to provide revenue for constructing, reconstructing, improving, remodeling, repairing, operating and maintaining public and private improvements and facilities; acquiring necessary lands and right‑of‑way; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of the City for such purposes, including payment of the costs of issuance of such indebtedness, all for enhancement and economic development within the downtown river corridor, for the benefit of the City of Bixby. As used in this Ordinance, the phrase “downtown river corridor” includes that area of the City of Bixby contained within the boundaries of East 131st Street on the north, East 161st Street on the south, South Mingo Road on the east and South Sheridan Road on the west.

 

SECTION 8.  TERM OF TAX.  The tax levied by this Ordinance shall be and remain in effect for a period of twenty (20) years from and including January 1, 2017, to and including December 31, 2037, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting in the manner prescribed by Title 11, Oklahoma Statutes 2011, Section 16-101 et seq., as amended.

 

SECTION 9.  TAX RATE – SALES SUBJECT TO TAX.  The tax levied by this Ordinance shall be in addition to all other taxes in effect in the City of Bixby, Oklahoma, an excise tax of three‑tenths of one percent (0.30%) upon the gross proceeds or gross receipts derived from all sales or services in the City of Bixby, Oklahoma, upon which a consumers sales tax is levied by the State of Oklahoma under the Oklahoma Sales Tax Code.

 

SECTION 10.  EXEMPTIONS. There are specifically exempted from the tax levied by this Ordinance all items that are exempt from State sales tax under the Oklahoma Sales Tax Code.

 

SECTION 11.  OTHER EXEMPT TRANSFERS. There is also specifically exempted from the tax levied by this Ordinance the transfer of tangible personal property exempted from the Oklahoma Sales Tax Code.

 

SECTION 12.  TAX DUE WHEN – RETURNS – RECORDS. The tax levied by this Ordinance shall be due and payable at the time and in the manner and form prescribed for payment of the State sales tax under the Oklahoma Sales Tax Code.

 

SECTION 13.  PAYMENT OF TAX – BRACKETS.

 

  1. The tax levied by this Ordinance shall be paid to the Tax Collector at the time and in the form and manner provided for payment of State sales tax under the Oklahoma Sales Tax Code.

 

  1. The bracket system for the collection of the three‑tenths of one percent (0.30%) City sales tax provided for in this Ordinance, which is to be used by the Tax Collector, shall be as the same is adopted by the agreement of the City of Bixby, Oklahoma and the Tax Collector, in the collection of both the three‑tenths of one percent (0.30%) City sales tax provided for in this Ordinance and the State sales tax.

 

SECTION 14. TAX CONSTITUTES DEBT. The taxes, penalty and interest due pursuant to this Ordinance shall at all times constitute a prior, superior and paramount claim as against the claims of unsecured creditors, and may be collected by suit as any other debt.

 

SECTION 15.  VENDOR’S DUTY TO COLLECT TAX.

 

  1. The tax levied pursuant to this Ordinance shall be paid by the consumer or user to the vendor, and it shall be the duty of each and every vendor in this City to collect from the consumer or user, the full amount of the tax levied by this Ordinance, or any amount equal as nearly as possible or practicable to the average equivalent levied.

 

  1. Vendors shall add the tax imposed pursuant to this Ordinance, or the average equivalent levied, to the sales price or charge, and when added such tax shall constitute a part of such price or charges, shall be debt from the consumer or user to vendor until paid, and shall be recoverable at law in the same manner as other debts.

 

  1. A vendor as defined in this Ordinance, who willfully or intentionally fails, neglects or refuses to collect the full amount of the tax levied by this Ordinance, or willfully or intentionally fails, neglects or refuses to comply with the provisions of this Ordinance or remits or rebates to a consumer or user, either directly or indirectly, and by whatsoever means, all or any part of the tax levied, or makes in any form of advertising, verbally or otherwise, any statement which infers that the vendor is absorbing the tax, or paying the tax for the consumer or user by an adjustment of prices or at a price including the tax, or in any manner whatsoever, shall be deemed guilty of a public offense and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), plus costs, fees and assessments, and upon conviction for a second or other subsequent offense shall be fined not more than Seven Hundred Fifty Dollars ($750.00), plus costs, fees and assessments, or imprisonment for not more than sixty (60) days, or both such fine and imprisonment. Provided sales by vending machines may be made at a stated price which includes state and any municipal sales tax.

 

  1. Any sum or sums collected or required to be collected pursuant to this Ordinance shall be deemed to be held in trust for the City of Bixby, Oklahoma and, as trustee, the collecting vendor shall have a fiduciary duty to the City of Bixby, Oklahoma in regards to such sums and shall be subject to the trust laws of this state. Any vendor who willfully or intentionally fails to remit the tax, after the tax levied by this article was collected from the consumer or user, and appropriates the tax held in trust to the vendor’s own use, or to the use of any person not entitled to it, without authority of law, shall be guilty of embezzlement.

 

SECTION 16. RETURNS AND REMITTANCES – DISCOUNTS. Returns and remittances of the tax levied by this Ordinance and collected shall be made to the Tax Collector at the time and in the manner, form and amount as prescribed for returns and remittances required by the Oklahoma Sales Tax Code. Remittances of tax collected pursuant to this Ordinance shall be subject to the same discount as may be allowed by the Oklahoma Sales Tax Code for collection of State sales tax.

 

SECTION 17.  INTEREST AND PENALTIES – DELINQUENCY. The provisions of Title 68, Oklahoma Statutes 2011, Section 217, as amended, and of Title 68, Oklahoma Statutes 2011, Sections 1350 et seq., as amended, are adopted by reference and made a part of this Ordinance, and interest and penalties at the rates and in amounts as specified by those statutes shall be levied and applicable in cases of delinquency in reporting and paying the tax levied by this Ordinance.  Provided that the failure or refusal of any taxpayer to make and transmit the reports and remittances of tax in the time and manner required by this Ordinance shall cause such tax to be delinquent. In addition, if such delinquency continues for a period of five (5) days the taxpayer shall forfeit any claim to any discount allowed under this Ordinance.

 

SECTION 18.  WAIVER OF INTEREST AND PENALTIES. The interest or penalty or any portion of such accruing by reason of a taxpayer’s failure to pay the City sales tax levied by this Ordinance may be waived or remitted in the same manner as provided for such waiver or remittance as applied in administration of the State sales tax prescribed in Title 68, Oklahoma Statutes 2011, Section 220, as amended; and to accomplish the purposes of this section the applicable provisions of  Section 220 are adopted by reference and made a part of this Ordinance.

 

SECTION 19.  ERRONEOUS PAYMENTS—CLAIM FOR REFUND. Refund of erroneous payment of the City sales tax levied may be made to any taxpayer making such erroneous payment in the same manner and procedure, and under the same limitations of time, as provided for administration of the State sales tax as set forth in Title 68, Oklahoma Statutes 2011, Section 227, as amended, and to accomplish the purposes of this Section, the applicable provisions of Section 227 are adopted by reference and made a part of this Ordinance.

 

SECTION 20.  FRAUDULENT RETURNS. In addition to all civil penalties provided by this Ordinance, the willful failure or refusal of any taxpayer to make reports and remittances required in this Ordinance, or the making of any false and fraudulent report for the purpose for avoiding or escaping payment for any tax or portion of such rightfully due under this Ordinance shall be a public offense and, upon conviction, the offending taxpayer shall be subject to such fines and/or imprisonment as provided in Title 68, Oklahoma Statutes 2011, Section 241, as amended.

 

SECTION 21.  RECORDS CONFIDENTIAL. The confidential and privileged nature of the records and files concerning the administration of the City sales tax is statutorily recognized and declared, and to protect them the provisions of Title 68, Oklahoma Statutes 2011, Section 205, as amended, of the Oklahoma Sales Tax Code is adopted by reference and made fully effective and applicable to administration of the City sales tax as if set forth here in full.

 

SECTION 22.  AMENDMENTS. The people of the City of Bixby, Oklahoma, by their approval of this Ordinance at the election provided for in this Ordinance, authorize the City Council by ordinances duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforcing this Ordinance as may be necessary or proper for efficiency and fairness except that neither the rate of the tax provided, nor the term, nor the purpose of the tax provided, shall be changed without approval of the qualified electors of the City as provided by law.

 

SECTION 23.  PROVISIONS CUMULATIVE. The provisions of this Ordinance shall be cumulative and in addition to any and all other taxing provisions of City Ordinances.

 

SECTION 24.  SEVERABILITY. The provisions of this Ordinance are declared to be severable, and if any section, subsection, paragraph, sentence or clause of this Ordinance is for any reason held invalid or inoperative by any Court of competent jurisdiction such decision shall not affect any other section, subsection, paragraph, sentence or clause of this Ordinance.

 

SECTION 25.  EMERGENCY. By reason of the urgent need to provide funding for additional municipal services and facilities in order to provide for the furtherance and preservation of the public peace, health, safety and welfare of the City and its inhabitants, an emergency is declared to exist and for such reason this Ordinance shall be in full force and effect from and after its passage and approval.

 

APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to‑wit: 4YES, 1NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

 

APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to‑wit: 5YES, 0NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

(Seal)

ATTEST:

 

 

         s/             Yvonne Adams                     

City Clerk

APPROVED:

 

 

         s/          Patrick T. Boulden                  

City Attorney

 

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ORDINANCE NO. 2166

ORDINANCE NO. 2166

 

AN ORDINANCE LEVYING AND ASSESSING A SALES TAX OF TWENTY‑FIVE HUNDREDTHS OF ONE PERCENT (0.25%) IN ADDITION TO PRESENT SALES TAXES UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS DEFINED IN THIS ORDINANCE; ESTABLISHING THE PURPOSE OF THE TWENTY‑FIVE HUNDREDTHS OF ONE PERCENT (0.25%) SALES TAX; DEFINING TERMS; PRESCRIBING PROCEDURES, REMEDIES, LIEN AND FIXING PENALTIES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

 

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

 

            SECTION 1.  CITATION AND CODIFICATION.  This Ordinance shall be known and may be cited as “City of Bixby 2015 Public Safety Sales Tax Ordinance“.

 

SECTION 2.  DEFINITIONS.  The definitions of words, terms and phrases contained in the Oklahoma Sales Tax Code, Title 68, Oklahoma Statutes 2011, Section 1352, as amended, are adopted by reference and made a part of this Ordinance.

 

SECTION 3.  TAX COLLECTOR DEFINED.  The term “Tax Collector” as used in this Ordinance means the Department of the City government or the official agency of the State duly designated according to law or contract authorized by law to administer the collection of the tax levied by this Ordinance.

 

SECTION 4.  CLASSIFICATION OF TAXPAYERS. For purposes of this Ordinance the classification of taxpayers shall be as prescribed by state law in the Oklahoma Sales Tax Code, Title 68, Oklahoma Statutes 2011, Article 13, as amended.

 

SECTION 5.  SUBSISTING STATE PERMITS.  All valid and subsisting permits to do business issued by the Oklahoma Tax Commission pursuant to the Oklahoma Sales Tax Code are, for the purpose of this Ordinance ratified, confirmed and adopted in lieu of any requirement for an additional City permit for the same purpose.

 

SECTION 6.  EFFECTIVE DATE.  This Ordinance shall be effective on and after January 1, 2017, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 et seq., as amended.

 

SECTION 7.  PURPOSE OF REVENUES.  It is the purpose of this Ordinance to provide revenue for employing, training and equipping additional City of Bixby police, fire and street department personnel.

 

SECTION 8.  TERM OF TAX.  The tax levied by this Ordinance shall be and remain in effect from and after January 1, 2017, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 et seq., as amended.

 

SECTION 9.  TAX RATE – SALES SUBJECT TO TAX.  The tax levied by this Ordinance shall be in addition to all other taxes in effect in the City of Bixby, Oklahoma, an excise tax of twenty‑five hundredths of one percent (0.25%) upon the gross proceeds or gross receipts derived from all sales or services in the City of Bixby, Oklahoma, upon which a consumers sales tax is levied by the State of Oklahoma under the Oklahoma Sales Tax Code.

 

SECTION 10.  EXEMPTIONS. There is specifically exempted from the tax levied by this Ordinance all items that are exempt from State sales tax under the Oklahoma Sales Tax Code.

 

SECTION 11.  OTHER EXEMPT TRANSFERS. There is also specifically exempted from the tax levied by this Ordinance the transfer of tangible personal property exempted from the Oklahoma Sales Tax Code.

 

SECTION 12.  TAX DUE WHEN – RETURNS – RECORDS. The tax levied by this Ordinance shall be due and payable at the time and in the manner and form prescribed for payment of the State sales tax under the Oklahoma Sales Tax Code.

 

SECTION 13.  PAYMENT OF TAX – BRACKETS.

 

  1. The tax levied by this Ordinance shall be paid to the Tax Collector at the time and in the form and manner provided for payment of State sales tax under the Oklahoma Sales Tax Code.

 

  1. The bracket system for the collection of the twenty‑five hundredths of one percent (0.25%) City sales tax provided for in this Ordinance, which is to be used by the Tax Collector, shall be as the same is adopted by the agreement of the City of Bixby, Oklahoma and the Tax Collector, in the collection of both the twenty‑five hundredths of one percent (0.25%) City sales tax provided for in this Ordinance and the State sales tax.

 

SECTION 14. TAX CONSTITUTES DEBT. The taxes, penalty and interest due pursuant to this Ordinance shall at all times constitute a prior, superior and paramount claim as against the claims of unsecured creditors, and may be collected by suit as any other debt.

 

SECTION 15.  VENDOR’S DUTY TO COLLECT TAX.

 

  1. The tax levied pursuant to this Ordinance shall be paid by the consumer or user to the vendor, and it shall be the duty of each and every vendor in this City to collect from the consumer or user, the full amount of the tax levied by this Ordinance, or any amount equal as nearly as possible or practicable to the average equivalent levied.

 

  1. Vendors shall add the tax imposed pursuant to this Ordinance, or the average equivalent levied, to the sales price or charge, and when added such tax shall constitute a part of such price or charges, shall be debt from the consumer or user to vendor until paid, and shall be recoverable at law in the same manner as other debts.

 

  1. A vendor as defined in this Ordinance, who willfully or intentionally fails, neglects or refuses to collect the full amount of the tax levied by this Ordinance, or willfully or intentionally fails, neglects or refuses to comply with the provisions of this Ordinance or remits or rebates to a consumer or user, either directly or indirectly, and by whatsoever means, all or any part of the tax levied, or makes in any form of advertising, verbally or otherwise, any statement which infers that the vendor is absorbing the tax, or paying the tax for the consumer or user by an adjustment of prices or at a price including the tax, or in any manner whatsoever, shall be deemed guilty of a public offense and, upon conviction, shall be fined not more than Five Hundred Dollars ($500.00), plus costs, fees and assessments, and upon conviction for a second or other subsequent offense shall be fined not more than Seven Hundred Fifty Dollars ($750.00), plus costs, fees and assessments, or imprisonment for not more than sixty (60) days, or both such fine and imprisonment. Provided sales by vending machines may be made at a stated price which includes state and any municipal sales tax.

 

  1. Any sum or sums collected or required to be collected pursuant to this Ordinance shall be deemed to be held in trust for the City of Bixby, Oklahoma and, as trustee, the collecting vendor shall have a fiduciary duty to the City of Bixby, Oklahoma in regards to such sums and shall be subject to the trust laws of this state. Any vendor who willfully or intentionally fails to remit the tax, after the tax levied by this article was collected from the consumer or user, and appropriates the tax held in trust to the vendor’s own use, or to the use of any person not entitled to it, without authority of law, shall be guilty of embezzlement.

 

SECTION 16. RETURNS AND REMITTANCES – DISCOUNTS. Returns and remittances of the tax levied by this Ordinance and collected shall be made to the Tax Collector at the time and in the manner, form and amount as prescribed for returns and remittances required by the Oklahoma Sales Tax Code. Remittances of tax collected pursuant to this Ordinance shall be subject to the same discount as may be allowed by the Oklahoma Sales Tax Code for collection of State sales tax.

 

SECTION 17.  INTEREST AND PENALTIES – DELINQUENCY. The provisions of Title 68, Oklahoma Statutes 2011, Section 217, as amended, and of Title 68, Oklahoma Statutes 2011, Sections 1350 et seq., as amended, are adopted by reference and made a part of this Ordinance, and interest and penalties at the rates and in amounts as specified by those statutes shall be levied and applicable in cases of delinquency in reporting and paying the tax levied by this Ordinance.  Provided that the failure or refusal of any taxpayer to make and transmit the reports and remittances of tax in the time and manner required by this Ordinance shall cause such tax to be delinquent. In addition, if such delinquency continues for a period of five (5) days the taxpayer shall forfeit any claim to any discount allowed under this Ordinance.

 

SECTION 18.  WAIVER OF INTEREST AND PENALTIES. The interest or penalty or any portion of such accruing by reason of a taxpayer’s failure to pay the City sales tax levied by this Ordinance may be waived or remitted in the same manner as provided for such waiver or remittance as applied in administration of the State sales tax prescribed in Title 68, Oklahoma Statutes 2011, Section 220, as amended; and to accomplish the purposes of this section the applicable provisions of  Section 220 are adopted by reference and made a part of this Ordinance.

 

SECTION 19.  ERRONEOUS PAYMENTS—CLAIM FOR REFUND. Refund of erroneous payment of the City sales tax levied may be made to any taxpayer making such erroneous payment in the same manner and procedure, and under the same limitations of time, as provided for administration of the State sales tax as set forth in Title 68, Oklahoma Statutes 2011, Section 227, as amended, and to accomplish the purposes of this Section, the applicable provisions of Section 227 are adopted by reference and made a part of this Ordinance.

 

SECTION 20.  FRAUDULENT RETURNS. In addition to all civil penalties provided by this Ordinance, the willful failure or refusal of any taxpayer to make reports and remittances required in this Ordinance, or the making of any false and fraudulent report for the purpose for avoiding or escaping payment for any tax or portion of such rightfully due under this Ordinance shall be a public offense and, upon conviction, the offending taxpayer shall be subject to such fines and/or imprisonment as provided in Title 68, Oklahoma Statutes 2011, Section 241, as amended.

 

SECTION 21.  RECORDS CONFIDENTIAL. The confidential and privileged nature of the records and files concerning the administration of the City sales tax is statutorily recognized and declared, and to protect them the provisions of Title 68, Oklahoma Statutes 2011, Section 205, as amended, of the Oklahoma Sales Tax Code is adopted by reference and made fully effective and applicable to administration of the City sales tax as if set forth here in full.

 

SECTION 22.  AMENDMENTS. The people of the City of Bixby, Oklahoma, by their approval of this Ordinance at the election provided for in this Ordinance, authorize the City Council by ordinances duly enacted to make such administrative and technical changes or additions in the method and manner of administration and enforcing this Ordinance as may be necessary or proper for efficiency and fairness except that neither the rate of the tax provided, nor the term, nor the purpose of the tax provided, shall be changed without approval of the qualified electors of the City as provided by law.

 

SECTION 23.  PROVISIONS CUMULATIVE. The provisions of this Ordinance shall be cumulative and in addition to any and all other taxing provisions of City Ordinances.

 

SECTION 24.  SEVERABILITY. The provisions of this Ordinance are declared to be severable, and if any section, subsection, paragraph, sentence or clause of this Ordinance is for any reason held invalid or inoperative by any Court of competent jurisdiction such decision shall not affect any other section, subsection, paragraph, sentence or clause of this Ordinance.

 

SECTION 25.  EMERGENCY. By reason of the urgent need to provide funding for additional municipal services and facilities in order to provide for the furtherance and preservation of the public peace, health, safety and welfare of the City and its inhabitants, an emergency is declared to exist and for such reason this Ordinance shall be in full force and effect from and after its passage and approval.

 

APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to‑wit: 4YES, 1NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

 

APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to‑wit:  5YES, 0NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

(Seal)

ATTEST:

 

 

         s/             Yvonne Adams                     

City Clerk

APPROVED:

 

 

         s/          Patrick T. Boulden                  

City Attorney

 

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ORDINANCE NO. 2167

ORDINANCE NO. 2167

 

AN ORDINANCE AMENDING BIXBY CITY CODE TITLE 2, CHAPTER 5, TITLED “TAXES”, ARTICLE F, TITLED “PARKS AND RECREATION FACILITIES SALES TAX”; AMENDING SECTION 2‑5F‑7, TITLED “TERM OF TAX; PROVIDING AN EFFECTIVE DATE AND TERM FOR THE ASSESSMENT OF THE TAX, SUBJECT TO APPROVAL OF A MAJORITY OF THE REGISTERED VOTERS OF THE CITY OF BIXBY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.

 

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

 

Section 1.  That Bixby City Code Title 2, “Finance and Taxation”, Chapter 5, “Taxes”, Article F, titled “Parks and Recreation Facilities Sales Tax”, Section 2‑5F‑7, titled “Term of Tax” be amended to read as follows:

 

2-5F-7: TERM OF TAX:

 

The tax levied by this article shall continue and remain in effect from and after January 1, 2016, subject to approval of a majority of the registered voters of the city of Bixby, Oklahoma, voting on same in the manner prescribed by 11 Oklahoma Statutes, 2011, Sections 16-101 et seq., as amended.”

 

            Section 2.  SEVERABILITY. The provisions of this Ordinance are declared to be severable, and if any section, subsection, paragraph, sentence or clause of this Ordinance is for any reason held invalid or inoperative by any Court of competent jurisdiction such decision shall not affect any other section, subsection, paragraph, sentence or clause of this Ordinance.

 

Section 3. EMERGENCY. By reason of the urgent need to provide funding for municipal services and facilities in order to provide for the furtherance and preservation of the public peace, health, safety and welfare of the City and its inhabitants, an emergency is declared to exist and for such reason this Ordinance shall be in full force and effect from and after its passage and approval.

 

            Section 4.  EFFECTIVE DATE.  This Ordinance shall be effective on and after January 1, 2016, subject to approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 et seq., as amended.

 

APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to‑wit:  5YES, 0NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

 

APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to‑wit:  5YES, 0NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

(Seal)

ATTEST:

 

 

         s/             Yvonne Adams                     

City Clerk

APPROVED:

 

 

         s/          Patrick T. Boulden                  

City Attorney

 

 

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Sale Tax Election Resolution 2015-19

RESOLUTION NO. 2015-19

 

A RESOLUTION OF NOTICE OF SPECIAL ELECTION PURSUANT TO TITLE 26 OKLAHOMA STATUTES, SECTION 13‑102, NOTIFYING THE TULSA COUNTY ELECTION BOARD OF A NONPARTISAN ELECTION ON QUESTIONS TO BE SUBMITTED TO THE VOTERS OF THE CITY OF BIXBY TO BE HELD IN THE CITY OF BIXBY, TULSA AND WAGONER COUNTIES, OKLAHOMA, ON TUESDAY, NOVEMBER 10, 2015; AUTHORIZING THE CALLING AND HOLDING OF AN ELECTION IN THE CITY OF BIXBY, STATE OF OKLAHOMA, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED, QUALIFIED ELECTORS OF THE CITY THE QUESTIONS OF WHETHER ORDINANCE NO. 2165, ADOPTED ON THE 24TH DAY OF AUGUST, 2015, SHALL BE APPROVED, WHICH LEVIES AND ASSESSES A SALES TAX OF THREE‑TENTHS OF ONE PERCENT (0.30%) UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS THEREIN DEFINED FOR THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, IMPROVING, REMODELING, REPAIRING, OPERATING AND MAINTAINING PUBLIC AND PRIVATE IMPROVEMENTS AND FACILITIES, ACQUIRING NECESSARY LANDS AND RIGHT‑OF‑WAY, AND/OR TO BE APPLIED OR PLEDGED TOWARD THE PAYMENT OF PRINCIPAL AND INTEREST ON ANY INDEBTEDNESS, INCLUDING REFUNDING INDEBTEDNESS, INCURRED BY OR ON BEHALF OF THE CITY FOR SUCH PURPOSES, INCLUDING PAYMENT OF THE COSTS OF ISSUANCE OF SUCH INDEBTEDNESS, ALL FOR ENHANCEMENT AND ECONOMIC DEVELOPMENT WITHIN THE DOWNTOWN RIVER CORRIDOR, FOR THE BENEFIT OF THE CITY OF BIXBY, DEFINES TERMS, PRESCRIBES PROCEDURES, REMEDIES, LIEN AND FIXES PENALTIES, FIXES THE EFFECTIVE DATE OF THE SALES TAX AS JANUARY 1, 2017, WITH A TERM ENDING DECEMBER 31, 2037; WHETHER ORDINANCE NO. 2166, ADOPTED ON THE 24TH DAY OF AUGUST, 2015, SHALL BE APPROVED, WHICH LEVIES AND ASSESSES A SALES TAX OF TWENTY‑FIVE HUNDREDTHS OF ONE PERCENT (0.25%) UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS THEREIN DEFINED FOR THE PURPOSE OF EMPLOYING, TRAINING AND EQUIPPING ADDITIONAL CITY OF BIXBY POLICE, FIRE AND STREET DEPARTMENT PERSONNEL, DEFINES TERMS, PRESCRIBES PROCEDURES, REMEDIES, LIEN AND FIXES PENALTIES, FIXES THE EFFECTIVE DATE AND TERM OF THE SALES TAX SO AS TO ALLOW IT TO CONTINUE TO REMAIN IN EFFECT FROM AND AFTER JANUARY 1, 2017; WHETHER ORDINANCE NO. 2164, ADOPTED ON THE 24TH DAY OF AUGUST, 2015, SHALL BE APPROVED, WHICH DECLARES THAT THE PURPOSE OF THE EXISTING DEBT SERVICE SALES TAX LEVIED AND ASSESSED IN BIXBY CITY CODE TITLE 2, CHAPTER 5, “TAXES”, ARTICLE E, “DEBT SERVICE SALES TAX”, SECTION 2‑5E‑6 IS TO PROVIDE TEN‑HUNDREDTHS OF ONE PERCENT (0.10%) OF THE TWENTY‑FIVE HUNDREDS OF ONE PERCENT (0.25%) SALES TAX UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS DEFINED IN THE OKLAHOMA SALES TAX CODE, FOR THE PURPOSE OF PAYING PRINCIPAL AND INTEREST ON GENERAL OBLIGATION BONDS OF THE CITY AND/OR PAYING PRINCIPAL OF AND INTEREST ON REVENUE BONDS OR NOTES OF THE BIXBY PUBLIC WORKS AUTHORITY AND/OR FUNDING CAPITAL IMPROVEMENTS OF THE CITY, AS DEFINED IN BIXBY CITY CODE, SECTION 2‑5A‑7, AND FIFTEEN‑HUNDREDTHS OF ONE PERCENT (0.15%) OF THE TWENTY‑FIVE HUNDREDS OF ONE PERCENT (0.25%) SALES TAX UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS DEFINED IN THE OKLAHOMA SALES TAX CODE, FOR THE PURPOSE OF OPERATING, MAINTAINING AND IMPROVING PUBLIC PARKS AND RECREATION FACILITIES OF THE CITY, AND CHANGES THE TERM AND EFFECTIVE DATE SO AS TO ALLOW THE TAX TO CONTINUE AND REMAIN IN EFFECT FROM AND AFTER JANUARY 1, 2016; WHETHER ORDINANCE NO. 2167, ADOPTED ON THE 24TH DAY OF AUGUST, 2015, SHALL BE APPROVED, WHICH CHANGES THE EFFECTIVE DATE AND TERM OF THE EXISTING SALES TAX LEVIED AND ASSESSED AT TWENTY‑FIVE HUNDREDTHS OF ONE PERCENT (0.25%) UPON THE GROSS RECEIPTS OR PROCEEDS ON CERTAIN SALES AS THEREIN DEFINED FOR THE PURPOSE OF OPERATING, MAINTAINING AND IMPROVING PUBLIC PARKS AND RECREATION FACILITIES OF THE CITY, TO ALLOW THE SALES TAX TO CONTINUE AND REMAIN IN EFFECT FROM AND AFTER JANUARY 1, 2016; AND PROVIDING FOR SEVERABILITY.

 

WHEREAS, the Council of the City of Bixby, Oklahoma, has adopted Ordinance No. 2165, which levies and assesses a sales tax of three‑tenths of one percent (0.30%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of constructing, reconstructing, improving, remodeling, repairing, operating and maintaining public and private improvements and facilities; acquiring necessary lands and right‑of‑way; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of the City for such purposes, including payment of the costs of issuance of such indebtedness, all for enhancement and economic development within the downtown river corridor, for the benefit of the City of Bixby; defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes effective date of the sales tax as January 1, 2017, with a term ending December 31, 2037; subject to the approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on the same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 and 16-112, as amended; and

 

WHEREAS, the Council of the City of Bixby, Oklahoma, has adopted Ordinance No. 2166, which levies and assesses a sales tax of twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of employing, training and equipping additional City of Bixby police, fire and street department personnel, defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes the effective date and term of the sales tax so as to allow it to continue to remain in effect from and after January 1, 2017; subject to the approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on the same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16‑101 and 16‑112, as amended; and

 

WHEREAS, the Council of the City of Bixby, Oklahoma, has adopted Ordinance No. 2164, which declares the purpose of the existing debt service sales tax levied and assessed is to provide ten‑hundredths of one percent (0.10%) of the twenty‑five hundreds of one percent (0.25%) sales tax upon the gross receipts or proceeds on certain sales as defined in the Oklahoma Sales Tax Code, for the purpose of paying principal and interest on general obligation bonds of the City and/or paying principal of and interest on revenue bonds or notes of the Bixby Public Works Authority and/or funding capital improvements of the City, as defined in Bixby City Code, Section 2‑5A‑7; and fifteen‑hundredths of one percent (0.15%) of the twenty‑five hundreds of one percent (0.25%) sales tax upon the gross receipts or proceeds on certain sales as defined in the Oklahoma Sales Tax Code, for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, and changes to term and effective date so as to allow the tax to continue and remain in effect from and after January 1, 2016; subject to the approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on the same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 and 16-112, as amended; and

 

WHEREAS, the Council of the City of Bixby, Oklahoma, has adopted Ordinance No. 2167, which changes the effective date and term of the existing sales tax levied and assessed at twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, to allow the sales tax to continue and remain in effect from and after January 1, 2016; subject to the approval of a majority of the registered voters of the City of Bixby, Oklahoma, voting on the same in the manner prescribed by Title 11, Oklahoma Statutes 2011, Sections 16-101 and 16-112, as amended; and

 

WHEREAS, Title 26, Oklahoma Statutes 2011, Section 13-102, as amended, requires the City of Bixby, Oklahoma, to give seventy‑five (75) days’ notice by resolution of the said special election to the Tulsa County Election Board, stating therein the date of said election, the questions to be voted upon at said election, and other information necessary for conducting such election.

 

NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF BIXBY, OKLAHOMA:

 

Section 1. That the Mayor of the City of Bixby, Oklahoma, be and is hereby authorized and directed to call a special election to be held in the City of Bixby, Tulsa and Wagoner Counties, Oklahoma, on the 10th day of November 2015, for the purpose of submitting questions as to whether the following ordinances shall be approved by the voters of the City of Bixby:

 

  1. Ordinance No. 2165, which levies and assesses a sales tax of three‑tenths of one percent (0.30%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of constructing, reconstructing, improving, remodeling, repairing, operating and maintaining public and private improvements and facilities; acquiring necessary lands and right‑of‑way; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of the City for such purposes, including payment of the costs of issuance of such indebtedness, all for enhancement and economic development within the downtown river corridor, for the benefit of the City of Bixby; defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes effective date of the sales tax as January 1, 2017, with a term ending December 31, 2037.

 

  1. Ordinance No. 2166, which levies and assesses a sales tax of twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of employing, training and equipping additional City of Bixby police, fire and street department personnel, defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes the effective date and term of the sales tax so as to allow it to continue to remain in effect from and after January 1, 2017.

 

  1. Ordinance No. 2164, which declares the purpose of the existing debt service sales tax levied and assessed is to provide fifteen‑hundredths of one percent (0.15%) of the twenty‑five hundreds of one percent (0.25%) sales tax upon the gross receipts or proceeds on certain sales as defined in the Oklahoma Sales Tax Code, for the purpose of paying principal and interest on general obligation bonds of the City and/or paying principal of and interest on revenue bonds or notes of the Bixby Public Works Authority and/or funding capital improvements of the City, as defined in Bixby City Code. Section 2‑5A‑7; and ten‑hundredths of one percent (0.10%) of the twenty‑five hundreds of one percent (0.25%) sales tax upon the gross receipts or proceeds on certain sales as defined in the Oklahoma Sales Tax Code, for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, and changes to term and effective date so as to allow the tax to continue and remain in effect from and after January 1, 2016.

 

  1. Ordinance No. 2167, which changes the effective date and term of the existing sales tax levied and assessed at twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, to allow the sales tax to continue and remain in effect from and after January 1, 2016.

 

Section 2. That the ballot setting forth the following proposition shall be submitted to the registered, qualified voters of the City of Bixby, Oklahoma, at said election, to wit:

 

PROPOSITION NO. 1

 

Shall Ordinance No. 2165 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which levies and assesses a sales tax of three‑tenths of one percent (0.30%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of constructing, reconstructing, improving, remodeling, repairing, operating and maintaining public and private improvements and facilities; acquiring necessary lands and right‑of‑way; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of the City for such purposes, including payment of the costs of issuance of such indebtedness, all for enhancement and economic development within the downtown river corridor, for the benefit of the City of Bixby; defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes the effective date of the sales tax as January 1, 2017 and with a term ending December 31, 2037, be approved?

 

The ballot setting forth the above proposition shall also contain in connection with the proposition the following words and symbols:

 

FOR THE

PROPOSITION – YES

 

AGAINST THE

PROPOSITION – NO

 

If the voter desires to vote for the above Proposition, the voter shall fill in the box to the left of the word “YES”

 

If the voter desires to vote against the above Proposition, the voter shall fill in the box to the left of the word “NO”.

 

Section 3. That the ballot setting forth the following proposition shall be submitted to the registered, qualified voters of the City of Bixby, Oklahoma, at said election, to wit:

 

PROPOSITION NO. 2

 

Shall Ordinance No. 2166 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which levies and assesses a sales tax of twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of employing, training and equipping additional City of Bixby police, fire and street department personnel, defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes the effective date and term of the sales tax so as to allow it to continue to remain in effect from and after January 1, 2017, until repealed, be approved?

 

The ballot setting forth the above proposition shall also contain in connection with the proposition the following words and symbols:

 

FOR THE

PROPOSITION – YES

 

AGAINST THE

PROPOSITION – NO

 

If the voter desires to vote for the above Proposition, the voter shall fill in the box to the left of the word “YES”

 

If the voter desires to vote against the above Proposition, the voter shall fill in the box to the left of the word “NO”.

 

Section 4. That the ballot setting forth the following proposition shall be submitted to the registered, qualified voters of the City of Bixby, Oklahoma, at said election, to wit:

 

PROPOSITION NO. 3

 

Shall Ordinance No. 2164 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which changes the purpose of the ten‑hundredths of one percent (0.10%) sales tax upon the gross receipts or proceeds on certain sales as therein defined, which includes the purpose of paying debt service on bonds or notes of the City of Bixby and/or the Bixby Public Works Authority, to add the purpose of funding capital improvements of the City and changes the purpose of fifteen‑hundredths of one percent (0.15%) sales tax upon the gross receipts or proceeds on certain sales as therein defined, to be for the purpose of operating, maintaining and improving public parks and recreation facilities of the City; and changes the effective date and term of the sales tax so as to allow it to continue and remain in effect from and after January 1, 2016, until repealed, be approved?

 

The ballot setting forth the above proposition shall also contain in connection with the proposition the following words and symbols:

 

FOR THE

PROPOSITION – YES

 

AGAINST THE

PROPOSITION – NO

 

If the voter desires to vote for the above Proposition, the voter shall fill in the box to the left of the word “YES”

 

If the voter desires to vote against the above Proposition, the voter shall fill in the box to the left of the word “NO”.

 

Section 5. That the ballot setting forth the following proposition shall be submitted to the registered, qualified voters of the City of Bixby, Oklahoma, at said election, to wit:

 

PROPOSITION NO. 4

 

Shall Ordinance No. 2167 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which changes the effective date and term of the sales tax levied and assessed at twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, to allow the sales tax to continue and remain in effect from and after January 1, 2016, until repealed, be approved?

 

The ballot setting forth the above proposition shall also contain in connection with the proposition the following words and symbols:

 

FOR THE

PROPOSITION – YES

 

AGAINST THE

PROPOSITION – NO

 

If the voter desires to vote for the above Proposition, the voter shall fill in the box to the left of the word “YES”

 

If the voter desires to vote against the above Proposition, the voter shall fill in the box to the left of the word “NO”.

 

Section 6. That the call for this election shall also be by proclamation, signed by the Mayor and attested by the City Clerk, setting forth the propositions to be voted upon, the hours of opening and closing of the polls, and the substance of Sections 2, 3, 4, and 5 of this Resolution. That the ballots shall set forth the propositions to be voted upon substantially as set out in sections 2, 3, 4, 5, and 6 of this Resolution. That only the registered voters of the City of Bixby, Oklahoma, may vote upon these propositions; that the these propositions must be approved by a majority of the said voters voting on the propositions at said election; and that the returns of said election shall be made to and canvassed by the Tulsa County Election Board.

 

Section 7. That pursuant to Title 26, Section 13-103(C), all precincts totally or partially contained within the limits of the City shall be open for election, except the City authorizes the following precinct, which is only partially contained within the limits of the City of Bixby, not to be opened by certifying to the county election boards that no persons reside within that portion of the precinct contained within the limits of the City of Bixby, and t can therefore not be opened:

 

TULSA COUNTY PRECINCT 354

 

Section 8. That a copy of this Resolution along with a map of the City limits of the City of Bixby shall be personally delivered to the office of the County Election Board of Tulsa County, State of Oklahoma, at least seventy‑five (75) days prior to the date of the election.

 

Section 9.       That the Election Board of Tulsa County be and is now notified that a nonpartisan municipal special election will be held in the City of Bixby, Oklahoma, located in Tulsa and Wagoner Counties, on the second Tuesday in November, the same being Tuesday, November 10, 2015.

 

Section 10.     Severability Clause. If any section, sentence, clause or phrase of this resolution or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this resolution or any part thereof.

 

ADOPTED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to‑wit: 5YES, 0NO, 0ABSTAINING, 0ABSENT, on this 24th day of August 2015.

 

 

 

         s/                     John Easton                                  

Mayor of the City of Bixby, Oklahoma

 

(Seal)

ATTEST:                                                                    APPROVED:

 

 

         s/             Yvonne Adams                                          s/          Patrick T. Boulden                  

City Clerk                                                                City Attorney

 

 

ACKNOWLEDGEMENT OF SERVICE

 

SECRETARY, TULSA COUNTY ELECTION BOARD

 

Service of the above Resolution is hereby acknowledged to have been made on
           AUGUST 26, 2015          .

Date

 

         s/                      Patty Bryant                                

Secretary, Tulsa County Election Board

(SEAL)

 

 

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Sales Tax Election Proclamation

MAYOR OF THE CITY OF BIXBY, OKLAHOMA

PROCLAMATION AND NOTICE OF A SPECIAL ELECTION

 

TO:  THE QUALIFIED REGISTERED VOTERS OF THE CITY OF BIXBY, OKLAHOMA

 

TAKE NOTICE THAT:

 

Section 1.       Pursuant to Title 26, Oklahoma Statutes 2011, Section 13-102, as amended, Title 11, Oklahoma Statutes 2011, Sections 16-101 and 16-112, as amended, laws complementary, supplementary enacted, and Resolution 2015‑19, adopted by the Bixby City Council on August 24, 2015, authorizing the calling of an election on the propositions described below, I, John Easton, the undersigned Mayor of the City of Bixby, Oklahoma, now call a special election and give notice of such to be held in the City of Bixby, Oklahoma, on the Tuesday, November 10, 2015, for the purpose of submitting to the registered, qualified voters of the City the following propositions:

 

PROPOSITION NO. 1

 

Shall Ordinance No. 2165 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which levies and assesses a sales tax of three‑tenths of one percent (0.30%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of constructing, reconstructing, improving, remodeling, repairing, operating and maintaining public and private improvements and facilities; acquiring necessary lands and right‑of‑way; and/or to be applied or pledged toward the payment of principal and interest on any indebtedness, including refunding indebtedness, incurred by or on behalf of the City for such purposes, including payment of the costs of issuance of such indebtedness, all for enhancement and economic development within the downtown river corridor, for the benefit of the City of Bixby; defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes the effective date of the sales tax as January 1, 2017 and with a term ending December 31, 2037, be approved?

 

PROPOSITION NO. 2

 

Shall Ordinance No. 2166 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which levies and assesses a sales tax of twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of employing, training and equipping additional City of Bixby police, fire and street department personnel, defines terms; prescribes procedures, remedies, lien and fixes penalties; fixes the effective date and term of the sales tax so as to allow it to continue to remain in effect from and after January 1, 2017, until repealed, be approved?

 

PROPOSITION NO. 3

 

Shall Ordinance No. 2164 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which changes the purpose of the ten‑hundredths of one percent (0.10%) sales tax upon the gross receipts or proceeds on certain sales as therein defined, which includes the purpose of paying debt service on bonds or notes of the City of Bixby and/or the Bixby Public Works Authority, to add the purpose of funding capital improvements of the City and changes the purpose of fifteen‑hundredths of one percent (0.15%) sales tax upon the gross receipts or proceeds on certain sales as therein defined, to be for the purpose of operating, maintaining and improving public parks and recreation facilities of the City; and changes the effective date and term of the sales tax so as to allow it to continue and remain in effect from and after January 1, 2016, until repealed, be approved?

 

PROPOSITION NO. 4

 

Shall Ordinance No. 2167 of the City of Bixby, Oklahoma, adopted on August 24, 2015, which changes the effective date and term of the sales tax levied and assessed at twenty‑five hundredths of one percent (0.25%) upon the gross receipts or proceeds on certain sales as therein defined for the purpose of operating, maintaining and improving public parks and recreation facilities of the City, to allow the sales tax to continue and remain in effect from and after January 1, 2016, until repealed, be approved?

 

Section 2.       The ballots setting forth the above propositions shall also contain in connection with each proposition the following words and symbols:

 

FOR THE

PROPOSITION – YES

 

AGAINST THE

PROPOSITION – NO

 

If the voter desires to vote for the above Proposition, the voter shall fill in the box to the left of the word “YES”

 

If the voter desires to vote against the above Proposition, the voter shall fill in the box to the left of the word “NO”.

 

Section 3.       That only the registered, qualified voters of the City of Bixby, Oklahoma, may vote upon the propositions submitted.

 

Section 4.       The polls shall be opened at 7:00 o’clock a.m. and shall remain open continuously until and be closed at 7:00 o’clock p.m.

 

Section 5.       The number and location of the polling places for said election shall be the same as the regular precinct polling places as designated for statewide and local elections by the Tulsa County Election Board except the City authorizes the following precinct, which is only partially contained within the limits of the City of Bixby, not to be opened by certifying to the county election board that no persons reside within that portion of the precinct contained within the limits of the City of Bixby, and these precincts can therefore not be opened:

 

TULSA COUNTY PRECINCT 354

 

Section 6.       The persons conducting this election shall be those officers designated by the Tulsa County Election Board, which officers shall also act as counters and certify the election results as required by law. The approval of any of the proposition shall require a simple fifty percent (50%) plus one vote majority on that proposition.

 

PROCLAIMED by John Easton, the Mayor of the City of Bixby, Oklahoma on AUGUST 25, 2015.

 

 

         s/                     John Easton                                 

Mayor of the City of Bixby, Oklahoma

 

(Seal)

ATTEST:                                                                    APPROVED:

 

 

         s/             Yvonne Adams                                          s/          Patrick T. Boulden                  

City Clerk                                                                City Attorney

 

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Planning and Zoning


 

BBOA-608

BIXBY BOARD OF ADJUSTMENT 
PUBLIC HEARING

Notice is hereby given that a public hearing will be held before the Board of Adjustment in the City Council Chambers of Bixby City Hall, 116 West Needles Ave., at 6:00 PM on January 04, 2016.

At that time and place, consideration will be given to the application BBOA-608 – Betty J. Fritz:

Applicant seeks a Special Exception per Zoning Code Section 11-8-5 to allow an Accessory Dwelling Unit in an RE Residential Estate District for property with legal description as follows, to-wit:

Lot 14, Block 3, Southwood South Addition, City of Bixby, Tulsa County, Oklahoma, according to the Recorded Plat thereof.
Property located:  13800 S. Mingo Rd.

All persons interested in the above mentioned matter may appear at the foregoing time and place and present their arguments for or against the same.

If you have questions concerning this request, call or write Bixby City Hall, Attn.: City Planner, 116 W. Needles Ave., Bixby, Oklahoma 74008, (918) 366-4430.   When calling, please refer to Case Number BBOA-608.

Dated at Bixby, Oklahoma, this 9th day of December, 2015.

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CLOMR Newspaper Notification Case 15-06-0481R

The City of Bixby and City of Broken Arrow Community Floodplain Administrators, in accordance with National Flood Insurance Program regulation 65.7(b)(1),] hereby gives notice of the City of Bixby’s intent to revise the Haikey Creek Mainstem and Little Haikey Creek  flood hazard information, generally located between the Arkansas River on the south, and 111th Street South on the north with Mingo Road on the west and the Arkansas River on the east.  Specifically, the flood hazard information shall be revised along Haikey Creek mainstem from Arkansas River to 111th St South on the north, and to revise the Arkansas River floodplain along the proposed Haikey Creek Diversion Channel , Haikey Creek Flood Relief Channel and a small portion of Little Haikey Creek from 131st Street South to a point about 1/4 mile south where the new Flood Relief Channel ties to the new Diversion Channel.  A new levee will be constructed from approximately 136th Street South on the west side of the existing Haikey Creek Mainstem channel to approximately 126th Street South to reduce the existing Haikey Creek and Little Haikey Creek floodplain areas by approximately 900 acres.

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BZ-388

NOTICE TO THE PUBLIC OF A PUBLIC HEARING ON A PROPOSED AMENDMENT TO THE ZONING DISTRICT OF THE CITY OF BIXBY, OKLAHOMA, ZONING APPLICATION BZ-388 FOR AG (AGRICULTURAL) ZONING, REQUESTED BY JESSICA A. FAUBERT, APPLICANT

Notice is hereby given that a public hearing will be held before the Bixby Planning Commission in the City Council Chambers of Bixby City Hall, 116 W. Needles Ave., Bixby, Oklahoma 74008 at 6:00 PM on Monday, the 19th day of January, 2016.
At that time and place, consideration shall be given to the proposed change of the Zoning Classification to AG (Agricultural District) for real property described as follows, to-wit:
The North 200 feet of the South 1,500 feet of the East 640 feet of the Southeast Quarter (SE/4) of Section 22, Township 17 North, Range 13 East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government Survey thereof.
Property located: 15800-block of S. Sheridan Rd.

From: RE (Residential Estate District) and/or CG (General Commercial District)

To: AG (Agricultural District)

All persons interested in the above mentioned matter may appear at the foregoing time and place and present their arguments for or against the same.

If you have questions concerning this request, call or write Bixby City Hall, Attn.: City Planner, 116 W. Needles Ave., Bixby, Oklahoma 74008 (918-366-4430). When calling, please refer to the Case Number listed above.

Dated at Bixby, Oklahoma, this 21st day of December, 2015.

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BL-402



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 Traffic


ORDINANCE NO. 2170

AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF BIXBY, OKLAHOMA, TITLE 6, TITLED “MOTOR VEHICLES AND TRAFFIC”, CHAPTER 5, TITLED “OPERATION OF VEHICLES”; ENACTING A NEW SECTION 6-5A-8, TITLED “TEXTING WHILE DRIVING”; PROHIBITING THE USE OF HAND-HELD ELECTRONIC COMMUNICATIONS DEVICES WHILE OPERATING A MOTOR VEHICLE, IN CERTAIN CIRCUMSTANCES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AND EFFECTIVE DATE OF NOVEMBER 1, 2015; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BIXBY, OKLAHOMA:
Section 1. That a new Bixby City Code, Title 6, Chapter 5, Article A, Section 6-5A-8 be and the same is now enacted to read as follows:
“6-5A-8 TEXTING WHILE DRIVING
A. It shall be unlawful for any person to operate a motor vehicle on any street or highway while using a hand-held electronic communication device to manually compose, send or read an electronic text message while the motor vehicle is in motion.
B. Any person who violates the provisions of subsection A of this section shall, upon conviction, be punished by a fine of not more than One Hundred Dollars ($100.00), excluding costs, fees and assessments.
C. The Department of Public Safety shall not record or assess points for violations of this section on any license holder’s traffic record maintained by the Department.
D. The provisions of subsection A of this section shall not apply if the person is using the cellular telephone or electronic communication device for the sole purpose of communicating with any of the following regarding an imminent emergency situation:
1. An emergency response operator;
2. A hospital, physician’s office or health clinic;
3. A provider of ambulance services;
4. A provider of firefighting services; or
PTB 20150928 FINAL NEW 6-5A-8 Texting While Driving
5. A law enforcement agency.
E. For the purpose of this section:
1. ‘Cellular telephone’means an analog or digital wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular telephones;
2. ‘Compose”, ‘send’ or ‘read’ with respect to a text message means the manual entry, sending or retrieval of a text message to communicate with any person or device;
3. ‘Electronic communication device’ means an electronic device that permits the user to manually transmit a communication of written text by means other than through an oral transfer or wire communication. This term does not include a device that is physically or electronically integrated into a motor vehicle or a voice-operated global positioning or navigation system that is affixed to a motor vehicle, or a hands-free device that allows the user to write, send or read a text message without the use of either hand except to activate, deactivate or initiate a feature or function; and
4. ‘Text message’ includes a text-based message, instant message, electronic message, photo, video or electronic mail.”
Section 2. PREEXISTING RIGHTS OF ACTION PRESERVED. The amendment or repeal of any ordinances by the enactment of this ordinance shall not impair, modify, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the date when this ordinance is effective.
Section 3. SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.
Section 4. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are now expressly repealed.
Section 5. EFFECTIVE DATE. Following passage of this ordinance by the City Council, with separate approval of its Emergency Clause, the provisions enacted by this ordinance shall be effective and enforceable on and after November 1, 2015.
Section 6. EMERGENCY CLAUSE. That an emergency is now declared to exist for the preservation of the public peace, health and safety and more particularly to protect occupants of motor vehicles in the City of Bixby from the dangers of texting while driving, by reason which this ordinance shall take effect immediately on and after its passage and approval.
PTB 20150928 FINAL NEW 6-5A-8 Texting While Driving
APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to-wit: 5-YES, 0-NO, 0-ABSTAINING, 0-ABSENT, on this 28th day of September 2015.
s/ John Easton
Mayor of the City of Bixby, Oklahoma
APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to-wit: 5-YES, 0-NO, 0-ABSTAINING, 0-ABSENT, on this 28th day of September 2015.
s/ John Easton
Mayor of the City of Bixby, Oklahoma
(Seal)
ATTEST:
s/ Yvonne Adams
City Clerk
APPROVED:
s/ Patrick T. Boulden
City

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ORDINANCE NO. 2171

AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF BIXBY, OKLAHOMA, TITLE 6, TITLED “MOTOR VEHICLES AND TRAFFIC”, CHAPTER 9, TITLED VEHICLE EQUIPMENT; AMENDING SECTION 6-9-4, TITLED “SEAT BELTS”, TO CONFORM WITH LANGUAGE CONTAINED IN STATE STATUTES; AMENDING SECTION 6-10-16, TITLED “CHILD PASSENGER RESTRAINT SYSTEMS”, TO CONFORM WITH LANGUAGE CONTAINED IN STATE STATUTES THAT WILL BE, EFFECTIVE NOVEMBER 1, 2015; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE OF NOVEMBER 1, 2015; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BIXBY, OKLAHOMA:
Section 1. That Bixby City Code, Title 6, Chapter 9, Sections 6-9-4 be and the same is now amended to read as follows:
“6-9-4: SEAT BELTS:
A. Every operator and front seat passenger of a Class A commercial motor vehicle, Class B commercial motor vehicle, Class C commercial motor vehicle or passenger vehicle operated in this state shall wear a properly adjusted and fastened safety seat belt system, required to be installed in the motor vehicle when manufactured pursuant to 49 C.F.R., Section 571.208. For the purposes of this section, ‘passenger vehicle’ shall mean a Class D motor vehicle, but shall not include trucks, truck tractors, recreational vehicles, motorcycles, motorized bicycles or vehicles used primarily for farm use which is registered and licensed pursuant to the provisions of 47 Oklahoma Statutes section 1134.
B. This section shall not apply to a person who, for medical reasons, is unable to wear a safety seat belt system and such is supported by written attestation of such fact from a physician licensed pursuant to Section 495 of Title 59 of the Oklahoma Statutes, and is issued an exemption from the requirements of this section upon an application to the Oklahoma Commissioner of Public Safety. The exemption shall be in the form of a restriction appearing on the driver license of the person and shall remain in effect until the expiration date of the driver license. The issuance of an attestation by a physician shall not give rise to, nor shall the physician incur any liability whatsoever in damages or otherwise, to any person injured by reason of such failure to wear a safety seat belt system.
C. This section shall not apply to an operator of a motor vehicle who is a route carrier of the U.S. postal service.
PTB 20150928 FINAL Amending 6-9-4 and 6-10-16-Passenger Restraint Systems
D. The department of public safety shall not record or assess points for violations of this section on any license holder’s traffic record maintained by the department.
E. Fine and court costs for violating the provision of this section shall not exceed twenty dollars ($20.00).”
Section 2. That Bixby City Code, Title 6, Chapter 10, Sections 6-10-16 be and the same is now amended to read as follows:
“6-10-16: CHILD PASSENGER RESTRAINT SYSTEMS:
A. Every driver, when transporting a child under eight (8) years of age in a motor vehicle operated on the roadways, streets, or highways of this state, shall provide for the protection of said child by properly using a child passenger restraint system as follows:
1. A child under four (4) years of age shall be properly secured in a child passenger restraint system. The child passenger restraint system shall be rear-facing until the child reaches two (2) years of age or until the child reaches the weight or height limit of the rear-facing child passenger restraint system as allowed by the manufacturer of the child passenger restraint system, whichever occurs first; and
2. A child at least four (4) years of age but younger than eight (8) years of age, if not taller than 4 feet 9 inches in height, shall be properly secured in either a child passenger restraint system or child booster seat.
For purposes of this section, ‘child passenger restraint system’ means an infant or child passenger restraint system which meets the federal standards as set by 49 C.F.R., Section 571.213.
B. If a child is eight (8) years of age or is taller than 4 feet 9 inches in height, a seat belt properly secured to the vehicle shall be sufficient to meet the requirements of this section.
C. The provisions of this section shall not apply to:
1. The driver of a school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts pursuant to state or federal laws;
2. The driver of an ambulance or emergency vehicle;
3. The driver of a vehicle in which all of the seat belts are in use;
4. The transportation of children who for medical reasons are unable to be placed in such devices, provided there is written documentation from a physician of such medical reason; or
PTB 20150928 FINAL Amending 6-9-4 and 6-10-16-Passenger Restraint Systems
5. The transportation of a child who weighs more than forty (40) pounds and who is being transported in the back seat of a vehicle while wearing only a lap safety belt when the back seat of the vehicle is not equipped with combination lap and shoulder safety belts, or when the combination lap and shoulder safety belts in the back seat are being used by other children who weigh more than forty (40) pounds. Provided, however, for purposes of this subsection, back seat shall include all seats located behind the front seat of a vehicle operated by a licensed childcare facility or church. Provided further, there shall be a rebuttable presumption that a child has met the weight requirements of this subsection if at the request of any law enforcement officer, the licensed childcare facility or church provides the officer with a written statement verified by the parent or legal guardian that the child weighs more than forty (40) pounds.
D. A violation of the provisions of this section shall be admissible as evidence in any civil action or proceeding for damages unless the plaintiff in such action or proceeding is a child under sixteen (16) years of age.
E. In any action brought by or on behalf of an infant for personal injuries or wrongful death sustained in a motor vehicle collision, the failure of any person to have the infant properly restrained in accordance with the provisions of this section shall not be used in aggravation or mitigation of damages.
F. Any person convicted of violating subsection A of this section shall be punished by a fine of Fifty Dollars ($50.00), excluding costs, fees and assessments. Any fine shall be suspended and the court costs limited to a maximum of Fifteen Dollars ($15.00) in the case of the first offense upon proof of purchase or acquisition by loan of a child passenger restraint system.”
Section 3. PREEXISTING RIGHTS OF ACTION PRESERVED. The amendment or repeal of any ordinances by the enactment of this ordinance shall not impair, modify, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the date when this ordinance is effective.
Section 4. SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.
Section 5. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are now expressly repealed.
Section 6. EFFECTIVE DATE. Following passage of this ordinance by the City Council, with separate approval of its Emergency Clause, the amendments enacted by this ordinance shall be effective and enforceable on and after November 1, 2015.
Section 7. EMERGENCY CLAUSE. That an emergency is now declared to exist for the preservation of the public peace, health and safety and more particularly to protect occupants
PTB 20150928 FINAL Amending 6-9-4 and 6-10-16-Passenger Restraint Systems
of motor vehicles in the City of Bixby from the dangers of not being secured by a seat belt or a child passenger restraint system, by reason which this ordinance shall take effect immediately on and after its passage and approval.
APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to-wit: 5-YES, 0-NO, 0-ABSTAINING, 0-ABSENT, on this 28th day of September 2015.
s/ John Easton
Mayor of the City of Bixby, Oklahoma
APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to-wit: 5-YES, 0-NO, 0-ABSTAINING, 0-ABSENT, on this 28th day of September 2015.
s/ John Easton
Mayor of the City of Bixby, Oklahoma
(Seal)
ATTEST:
s/ Yvonne Adams
City Clerk
APPROVED:
s/ Patrick T. Boulden
City Attorney

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ORDINANCE NO. 2172

AN ORDINANCE AMENDING THE CITY CODE OF THE CITY OF BIXBY, OKLAHOMA, TITLE 6, TITLED “MOTOR VEHICLES AND TRAFFIC”, CHAPTER 5, TITLED “OPERATION OF VEHICLES”; AMENDING SECTION 6-5B-11, TITLED “DRIVING ON ROADWAYS LANED FOR TRAFFIC”, TO REGULATE THE USE OF TWO-WAY LEFT-TURN LANES IN THE CITY OF BIXBY, CONSISTENT WITH STATE STATUTES; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BIXBY, OKLAHOMA:
Section 1. That Bixby City Code, Title 6, Chapter 5, Article B, Sections 6-5B-11 be and the same is now amended to read as follows:
“6-5B-11: DRIVING ON ROADWAYS LANED FOR TRAFFIC:
A. Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules in addition to all others consistent with this title shall apply:
1. A vehicle shall be driven as nearly as practicable entirely within a single lane, and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety, and then given a signal, during not less than one hundred feet (100′) traveled by the vehicle, of his intention to change lanes.
2. Upon a roadway which is divided into three (3) lanes, a vehicle shall not be driven in the center lane except when overtaking and passing another vehicle where the roadway is clearly visible and such center lane is clear of traffic within a safe distance, or in preparation for a left turn, or where such center lane is at the time allocated exclusively to traffic moving in the direction the vehicle is proceeding and is signposted to give notice of such allocation.
3. Upon a roadway which is divided into four (4) or more lanes, a vehicle proceeding at less than the maximum posted speed, except when reduced speed is necessary for safe operation, shall not impede the normal flow of traffic by driving in the left lane. Such vehicle shall be driven in the right hand lane except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway.
4. A two-way left-turn lane is a lane near the center of the highway set aside for use by vehicles making left turns in both directions from or into the roadway. Two-way left-turn
PTB 20150928 FINAL Amending 6-5B-11 Driving on Laned Roadways
lanes shall be designated by distinctive roadway markings consisting of parallel double yellow lines, interior line dashed and exterior line solid, on each side of the lane. A vehicle shall not be driven in a designated two-way left-turn lane except when preparing for or making a left turn from or into a roadway. Vehicles turning left from the roadway shall not be driven in the two-way left-turn lane for more than two hundred (200) feet while preparing for and making the turn. A vehicle turning left onto the roadway may utilize the two-way left-turn lane as a staging area by stopping and waiting for traffic proceeding in the same direction to clear before merging into the adjacent lanes of travel. A left turn shall not be made from any other lane where a two-way left-turn lane has been designated. Provided, however, this section shall not prohibit driving across a two-way left-turn lane when moving from a service drive onto such marked roadway.
B. Official signs may be erected directing slow moving traffic to use a designated lane or designating those lanes to be used by traffic moving in a particular direction regardless of the center of the roadway, and drivers of vehicles shall obey the directions of every such sign.”
Section 2. PREEXISTING RIGHTS OF ACTION PRESERVED. The amendment or repeal of any ordinances by the enactment of this ordinance shall not impair, modify, alter, or affect any rights, right of action or cause of action, whether now pending in any court or not, which are now existing or which may arise or come into existence, before the date when this ordinance is effective.
Section 3. SEVERABILITY CLAUSE. If any section, sentence, clause or phrase of this ordinance or any part thereof is for any reason found to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance or any part thereof.
Section 4. REPEAL OF CONFLICTING ORDINANCES. That all ordinances or parts of ordinances in conflict with this ordinance be and the same are now expressly repealed.
Section 5. EMERGENCY CLAUSE. That an emergency is now declared to exist for the preservation of the public peace, health and safety and more particularly to protect citizens in from the dangers of improperly using two-way left-turn traffic lanes in the City of Bixby, by reason which this ordinance shall take effect immediately on and after its passage and approval.
APPROVED in an open meeting of the Bixby City Council and PASSED by an affirmative majority vote of the entire membership of the City Council, to-wit: 5-YES, 0-NO, 0-ABSTAINING, 0-ABSENT, on this 28th day of September 2015.
s/ John Easton
Mayor of the City of Bixby, Oklahoma
PTB 20150928 FINAL Amending 6-5B-11 Driving on Laned Roadways
APPROVED as an Emergency Measure ruled upon separately and PASSED by an affirmative majority vote of at least a four-fifths (4/5) of the entire membership of the Bixby City Council, to-wit: 5-YES, 0-NO, 0-ABSTAINING, 0-ABSENT, on this 28th day of September 2015.
s/ John Easton
Mayor of the City of Bixby, Oklahoma
(Seal)
ATTEST:
s/ Yvonne Adams
City Clerk
APPROVED:
s/ Patrick T. Boulden
City Attorney

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BL-402



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 Public Hearing – April 25


CDBG – COMMUNITY DEVELOPMENT BLOCK GRANT

NOTICE OF CITY OF BIXBY
CDBG – COMMUNITY DEVELOPMENT BLOCK GRANT
FY 2016 NEEDS PUBLIC HEARING

A Public Hearing will be held at 6:00 P.M. on Monday, April 25, 2016 at Bixby City Hall at 116 West Needles in conjunction with the regularly scheduled City Council meeting to receive recommendations on non-housing community development needs for the City of Bixby, as a member of the Tulsa County CDBG Urban County. The City of Bixby is planning to submit a FY 2016 application to Tulsa County in the Metro Cities category. If awarded funds, the City is anticipating on receiving approximately $67,242 in Tulsa County FY 2016 CDBG funds from the U.S. Department of Housing and Urban Development. Citizens are requested to participate in the Public Hearing and express their views on community development needs and on the allocation of these funds within the City of Bixby.

Recommendations received will be considered by the Bixby City Council, the CDBG Urban County Policy Committee, and the INCOG staff in developing the 2016 Bixby Urban County CDBG Metro Cities application. Comments or proposals, where feasible, will be incorporated into the application to be submitted to the Tulsa County by May 3, 2016.

Anyone requiring special accommodations pursuant to The Americans with Disabilities Act should notify Yvonne Adams, City Clerk at (918) 366-4430.

Posted this 19th day of April 2016 at Bixby City Hall.

By: _____________________________
Yvonne Adams, City Clerk .

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