§ 11-1-102. Definitions.

As used in the Oklahoma Municipal Code:

1.  "Charter municipality" or "Municipality governed by charter" means any municipality which has adopted a charter in accordance with the provisions of the Constitution and laws of Oklahoma and at the time of adoption of the charter had a population of two thousand (2,000) or more.  Once a municipal charter has been adopted and approved, it becomes the organic law of the municipality in all matters pertaining to the local government of the municipality and prevails over state law on matters relating to purely municipal concerns;

2.  "City" means a municipality which has incorporated as a city in accordance with the laws of this state;

3.  "Governing body" or "Municipal governing body" means the city council of a city, the board of trustees of a town, or the legislative body of a municipality, as it may be defined by applicable law or charter provision;

4.  "Mayor" means the official head of the municipal government as defined by applicable law or charter provision.  The mayor is the presiding officer of the governing body in all statutory forms of municipal government, and is the chief executive officer in cities having the statutory aldermanic and statutory strong-mayor-council forms of city government;

5.  "Municipality" means any incorporated city or town;

6.  "Officer or official" means any person who is elected to an office in municipal government or is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or appointed.  When "officer" or "official" is modified by a term which refers to a personnel position or duty, the holder of the position or duty is not an officer or official of the municipality for any purpose;

7.  "Ordinance" means 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;

8.  "Publish" or "Publication" means printing in a newspaper which:

a.maintains an office in the municipality and is of general circulation in the municipality.  If there is no such newspaper, then in any newspaper which is of general circulation in the municipality; and

b.meets the requirements of a legal newspaper as provided in Section 106 of Title 25 of the Oklahoma Statutes.

If there is no newspaper meeting the requirements as provided for in this paragraph, the term publish or publication shall mean posting a copy of the item to be published in ten or more public places in the municipality.  When a notice is required to be published for a prescribed period of time, publishing the notice one (1) day each week during the prescribed period of publication is sufficient in accordance with Section 103 of Title 25 of the Oklahoma Statutes;

9.  "Quorum" means a majority of all the members of the governing body, board, or commission, including vacant positions;

10.  "Registered voter" means any person who is a qualified elector, as defined by the provisions of Section 1 of Article III of the Oklahoma Constitution, who resides within the limits of a municipality and who has registered to vote in the precinct of his residence;

11.  "Resident" means a person whose actual dwelling or primary residence is located within the corporate limits of the municipality;

12.  "Resolution" means a special or temporary act of a municipal 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; and

13.  "Town" means a municipality which has incorporated as a town in accordance with the laws of Oklahoma.

Amended by Laws 1984, c. 126, § 1, eff. Nov. 1, 1984.