In the event of an enemy-caused emergency, or emergency resulting from natural causes, the city manager, after due authorization from the mayor or the city council, shall have the power and authority to enforce all rules and regulations relating to civil defense for the purpose of protecting the civilian population. Acting as the city's official representative, the mayor shall cooperate and coordinate with the activities of other governmental agencies.

(Code 1977, § 2.16.140)

Cross reference— Civil defense division, § 46-39.

(a)

The mayor, after finding that a public disorder, disaster or riot exists within the city or any part thereof which affects life, health, property or the public peace, may proclaim a state of emergency in the area affected. The city council will be convened within 24 hours of any declaration of a state of emergency to ratify or abolish the action of the mayor.

(b)

The proclamation of a state of emergency and other proclamations issued pursuant to this section shall be in writing and shall be signed by the mayor. They shall then be filed with the city clerk.

(c)

The mayor shall give as much public notice as practical through the news media of the issuance of proclamations pursuant to this act.

(d)

The state of emergency shall cease to exist upon the issuance of a proclamation of the mayor declaring its termination; provided that the mayor must terminate said proclamation when order has been restored in the area affected.

(Ord. No. 954, § 1, 1, 2-7-2006)

State Law reference— Proclamation of State of Emergency-Notice-Termination, 21 O.S. § 1321.3

(a)

The council of the city shall hold regular meetings at 7:00 p.m. on the first Tuesday of every month; provided that, if such a Tuesday falls on a holiday, the regular meeting shall be held at that time on the next day which is not a holiday.

(b)

Every meeting of the council shall be held in the council chamber in the municipal building, unless, in case of an emergency or special meeting, the mayor or the councilmembers calling a special meeting designate another place in the city for the holding of the special meeting; provided that any adjourned meeting may be held at any other place within the city designated by the council.

(c)

In response to the COVID-19 (Coronavirus) pandemic, and Executive Order 2020-07 issued by the Governor of the State of Oklahoma and the declaration of emergency issued by the mayor and city council of the City of Mustang, beginning immediately upon enactment of this section and continuing until November 15, 2020 or the governor declaring the state of emergency to be terminated, whichever date first occurs, regular or special meetings of the city council shall be conducted pursuant to O.S. tit. 25, § 307.1(c, d). There shall be no requirement that councilmembers or other attendees to any council meeting be physically present within the city or at council chambers.

(Code 1977, §§ 2.04.010, 2.04.020; Ord. No. 648, § 1, 7-2-1996; Ord. No. 1151, § 1, 9-5-2017; Ord. No. 1202, § 1, 4-7-2020)

Charter reference— Council meetings, § 2-6.

State Law reference— Oklahoma Open Meeting Act, 25 O.S. § 301 et seq.

The city manager is the chief administrative officer of the city. He has all the powers and duties prescribed for him by Charter section 3-3 and other sections, or by ordinance.

(Code 1977, § 2.08.010)

(a)

Office established; appointment. There is hereby established the office of assistant city manager, which shall be filled at the discretionary authority of the city manager pursuant to the powers and duties set forth in section 3-3 of the Charter. The assistant city manager may, but need not be, the same person designated by the city manager to be acting city manager pursuant to section 3-2 of the Charter.

(b)

Duties. The assistant city manager shall assist the city manager in all work of the city manager's office in whatever manner and respect as he shall be directed by the city manager.

(Code 1977, §§ 2.09.010, 2.09.020)

Charter reference— Acting city manager, § 3-2.

(a)

There shall be a department of law, the head of which is the city attorney, who shall serve at the pleasure of the council. The city attorney shall work under the supervision and control of the city council and in accordance with the terms of his employment contract.

(b)

The city attorney shall be the chief legal advisor for the municipal corporation and all of its officers, departments and agencies in the performance of their lawful functions. He may be designated to represent the city in any proceedings before the court, or to perform any such other duties as may be deemed necessary and desirable by the city council.

(c)

The city attorney may administer oaths and affirmations in any manner pertaining to the affairs and government of the city.

(Code 1977, §§ 2.24.010, 2.24.020; Ord. No. 1162, § 1, 4-3-2018)

(a)

There shall be a department of finance, the head of which is the finance director, appointed by the city manager for an indefinite term, and removable by the city manager. The finance director is an officer of the city, and has supervision and control of the department of finance.

(b)

Within the department of finance, there shall be a city treasurer, who is an officer of the city appointed by the city manager for an indefinite term, and removable by the manager.

(c)

The city treasurer shall deposit daily all funds received for the city in such depositories as the council may designate; and shall disburse such funds in the manner provided by applicable laws or ordinance. He shall have such other powers, duties, and functions as may be prescribed by the Charter, by applicable law, or by ordinance.

(Code 1977, §§ 2.12.010—2.12.030)

(a)

If deemed necessary by the city manager, there shall be a department of public works, the head of which is the director of public works appointed by the city manager for an indefinite term, and removable by the city manager; provided, that during the absence, disability, or suspension of the director of public works, the city manager shall act as such or appoint an acting director; and provided, that during a vacancy in the office of director, the city manager shall be director of public works until and unless he appoints a director. The public works director is an officer of the city, and has supervision and control of the department of public works.

(b)

The public works department shall have the following duties insofar as the city performs these functions by its own forces (and not by contract):

(1)

To construct, improve, maintain, and clean streets (including alleys and other public ways), bridges, and sidewalks; to install and maintain streetlights, traffic-control signs, markings, signals, and devices; to erect and maintain street name signs; and to supervise the use of streets by privately owned utilities;

(2)

To maintain and operate the city water system;

(3)

To construct, improve, maintain, and operate storm sewers;

(4)

To maintain all buildings and grounds used by the city;

(5)

To maintain and operate all parks, playgrounds, swimming pools, and other recreational facilities and programs operated by the city;

(6)

To maintain and operate any cemeteries administered by the city;

(7)

To collect and dispose of garbage and other refuse whenever the city provides this service by its own forces (rather than by contract);

(8)

To maintain city owned motor equipment;

(9)

To inspect buildings, plumbing, and electrical installations (the building official and other such inspectors are to be in the public works department);

(10)

To perform such other functions relating to the maintenance, repair, improvement, and the operation of the physical facilities owned or used by the city government as the city manager may prescribe consistent with law and ordinance.

(c)

There shall be such divisions within the public works department as the city manager or the council may create, with such appropriate titles as street division, water division, park division, and/or others, and with such powers and duties of the department as may be assigned to the respective divisions. The head of a division may have an appropriate title such as chief, superintendent, sexton, etc.

(d)

Notwithstanding any other provisions of this Code, if the city council or the trustees for the Mustang Improvement Authority execute an agreement with an independent contractor for any or all of the services within the public works department or any other department or division of the city, then those positions related to those services and as designated by the city manager are deemed abolished for the term of the agreement without further action of the council or the trustees, and the city manager or his designee is the authorized representative and contract manager for the city and the Mustang Improvement Authority during the term of the agreement.

(Code 1977, §§ 2.36.010—2.36.030)

The community development director or such other person who shall be designated by the city manager as the code enforcement officer, and/or the city inspection officer, are hereby authorized and empowered to issue citations for violations of the following provisions of this Code:

(1)

Chapter 10, article II, pertaining to coin-operated music or amusement devices.

(2)

Chapter 10, article III, pertaining to circuses, carnivals, amusement rides and parades.

(3)

Chapter 18, pertaining to buildings and construction.

(4)

Chapter 38, article II, pertaining to nuisances.

(5)

Chapter 38, article III, pertaining to weeds and trash.

(6)

Chapter 82, article II, pertaining to solicitors.

(7)

Chapter 94, pertaining to signs.

(8)

Chapter 98, article II, pertaining to littering.

(9)

Chapter 110, article II, pertaining to business license taxes.

(10)

Chapter 122, pertaining to zoning.

It is expressly provided that this authority is in addition to and not in lieu of any authority of any law enforcement officer to issue such citations.

(Code 1977, § 2.36.040)

State Law reference— Citations, 22 O.S. § 209.

The department of parks and recreation is hereby established under the supervision of a director of parks and recreation. The director of parks and recreation shall be appointed by the city manager for an indefinite term and removable by the city manager. The parks and recreation director is an officer of the city, and has supervision and control of the department of parks and recreation.

(Ord. No. 1055, § 1, 6-21-2011)

Cross reference— Department of parks and recreation, § 2-301 et seq.

The parks and recreation department shall maintain, improve and operate the parks and other recreational facilities of the city, shall administer any recreational programs now or hereafter carried on by the city, and shall have such other duties as may be provided by the city manager and by ordinance.

(Ord. No. 1055, § 2, 6-21-2011)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Athletic field means an area designated by the director of parks and recreation for exercises, sports, or games.

Concession means supplying goods, commodities, things, services or facilities on park property.

Designated parking area means a paved area designated for parking purposes by posted official sign or by appropriate designation through use of parking blocks or painted parking spaces, and any non-paved area that is designated, by a posted official sign, for parking purposes.

Director means the director of parks and recreation department or designee.

Park means any public park, recreational area, grounds, or facility owned by the City of Mustang and operated by the parks and recreation department, in any location used for public park purposes or public recreational activities.

Policy or policies mean the administrative regulation or regulations established by the director and approved by the city manager, and any amendment thereto, as authorized, required, or provided in this article which shall be on file at the office of the city clerk.

(Ord. No. 1055, § 3, 6-21-2011; Ord. No. 1255, § 1, 4-5-2022)

(a)

The city council shall by ordinance or resolution from time to time adopt rules and regulations governing the city parks and recreation facilities.

(b)

In the absence of rules and regulations adopted by the city council, the director of parks and recreation may from time to time adopt rules and regulations governing the city parks and recreation facilities, subject to approval of the city manager.

(c)

The city council hereby ratifies the rules and regulations governing the city parks and recreation facilities that are in effect as of the effective date of the ordinance from which this article derives.

(Ord. No. 1055, § 4, 6-21-2011)

(a)

The director of parks and recreation is authorized to issue permits under rules and regulations adopted by the city council or as approved by the city manager.

(b)

Permits shall be issued on a form approved by the city manager for that purpose, and may include a provision requiring the applicant in consideration of the issuance of the permit to agree in writing to release the city, and any other individual acting for or on behalf of the city, from all liability from any accident that may occur on any park or recreational facilities of the city.

(Ord. No. 1055, § 5, 6-21-2011)

When requested by a city official or other public officer in the discharge of his official duties, a permittee or his representative shall exhibit any permit.

(Ord. No. 1055, § 6, 6-21-2011)

The director of parks and recreation shall have the authority to revoke a permit issued pursuant to the provisions of this article upon a violation of any rule, regulation or ordinance governing the use of parks and recreation facilities. The permittee shall be informed of the appeal process at the time of revocation.

(Ord. No. 1055, § 7, 6-21-2011)

(a)

An individual or entity to whom a permit is issued pursuant to the provisions of this article shall pay to the city the fee established by the city.

(b)

There is hereby established a schedule of fees for the use or privilege of using property, equipment and services of the parks and recreation department. Such fees shall be as established by the city, provided, however, the director is hereby authorized to establish a policy for the issuance of refunds, which shall be approved by the city council.

(c)

The director is authorized to establish fees for participation in special events, activities and programs, conducted and administered by the parks and recreation department. The established fees and activities under this subsection shall be delivered to the council within ten days after adoption.

(Ord. No. 1055, § 8, 6-21-2011)

(a)

It is unlawful of any person to use any parks and recreational facilities owned or operated by the city without having complied with the rules and regulations promulgated by the city in connection therewith. Any violation of the rules and regulations, or failure to comply with such, shall constitute an offense punishable as provided in section 1-8 of the Municipal Code.

(b)

The director of parks and recreation, police and peace officers, and other persons as designated by the city council shall enforce the provisions of this article.

(Ord. No. 1055, § 9, 6-21-2011)

No individual, except as specifically authorized by the director, shall operate, ride or drive any vehicle, off-road recreational vehicle, motor bicycle, motor scooter, motorcycle, bicycle, tricycle or velocipede on park property, except:

(1)

Vehicles operated by the city or under contract to the city;

(2)

When entering, exiting, or being parked or stored, on specifically designated areas provided for entrance, exiting, parking or storage on and through the parks;

(3)

As authorized by state law;

(4)

Motorized mobility aide devices used by individuals with disabilities as defined in 42 U.S.C. § 12131, et seq., of "The American with Disabilities Act."

(Ord. No. 1055, § 10, 6-21-2011)

(a)

No person shall use a designated park athletic field for purposes other than posted except as authorized by the director.

(b)

Persons 18 years of age and over are prohibited from using park athletic fields designated as youth athletic fields except as authorized by the director.

(Ord. No. 1055, § 11, 6-21-2011)

(a)

Park hours. No person shall enter into or remain upon nor shall any vehicle be left unattended in any park or recreational facility other than during the hours the park is open, as set forth below, unless they have a valid permit that allows such use or an extension of hours has been previously approved by the director.

(1)

Wild Horse Park shall open at 4:00 a.m. and shall close at 11:00 p.m.

(2)

All other city parks shall open at 4:00 a.m. And shall close at 10:00 p.m.

(b)

Violation. Any violation of this section shall constitute an offense punishable as provided in section 1-8 of the Municipal Code.

(c)

Extension of hours; permits. The director may extend hours of operation of any park or portion thereof for any park purpose for a period not to exceed seven days. The director may also extend hours of operation for any park purpose pursuant to a permit for such purpose granted as provided in section 2-304 of this chapter. Any other change of hours must be approved by the city council.

(Ord. No. 1055, § 12, 6-21-2011; Ord. No. 1109, § 1, 10-21-2014)

Editor's note— Section 1 of Ord. No. 1109, adopted Oct. 21, 2014, changed the title of § 2-311 from "Hours of use" to read as herein set out.

(a)

No individual shall sell or advertise in any park or recreational facility except as authorized by the director.

(b)

The director may adopt policies providing for the issuance of permits for granting of concessions for up to seven consecutive days, upon approval of the city manager.

(c)

The city reserves the right to negotiate and enter into contracts granting concessions in parks and recreational facilities for more than seven consecutive days.

(Ord. No. 1055, § 13, 6-21-2011)

When an emergency exists that affects the health, safety and welfare of the public in any park or recreational facility, or portion thereof, any section or part of any park or recreational facility may be closed by the city manager for such time as the city manager shall find reasonably necessary.

(Ord. No. 1055, § 14, 6-21-2011)

No person shall park or leave unattended any vehicle within a municipal park unless such vehicle is in a designated parking area. Parking or leaving a vehicle unattended in any area that is not a designated parking area shall constitute an offense punishable as provided in section 1-8 of the Municipal Code. Any vehicle parked or left unattended in violation of this prohibition may be impounded. This section shall not apply to vehicles temporarily parked or left unattended while performing services at the request of the city for construction, maintenance or upkeep within a park.

(Ord. No. 1255, § 2, 4-5-2022)

It is declared to be the policy and purpose of the city to extend, at the earliest time, to the employees and officials thereof not excluded by law or ordinance, and whether employed in connection with a governmental or proprietary function, the benefits of the system of federal old-age and survivors insurance as authorized by the Federal Social Security Act and amendments thereto, including Public Law 734, 81st Congress. In pursuance of the policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations.

(Code 1977, § 2.60.010)

The mayor of the city is authorized and directed to execute all necessary agreements and amendments thereto with the state public welfare commission, as agent or agency, to secure coverage of employees and officials as provided in section 2-111.

(Code 1977, § 2.60.020)

Withholdings from salaries or wages of employees and officials for the purpose provided in section 2-111 are authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state or federal agency designated by the laws or regulations.

(Code 1977, § 2.60.030)

There shall be appropriated from available funds such amounts at such times as may be required by applicable state or federal laws or regulations for employer's contributions under this division, which shall be paid over to the state or federal agency designated by the laws or regulations.

(Code 1977, § 2.60.040)

The city shall keep such records and make such reports under this division as may be required by applicable state or federal laws or regulations.

(Code 1977, § 2.60.050)

There is excluded from this division any authority to make any agreement with respect to any position or any employee or official now covered or authorized to be covered by any other ordinance creating any retirement system for any employee or official of the city.

(Code 1977, § 2.60.060)

There is excluded from this division any authority to make any agreement with respect to any position or any employee or official whose compensation is on a fee basis, or any position or any employee or official not authorized to be covered by applicable state or federal laws or regulations.

(Code 1977, § 2.60.070)

That pursuant to the authority conferred by the laws of the State of Oklahoma, and for the purpose of encouraging continuity and meritorious service on the part of city employees and thereby promote public efficiency, there is hereby authorized created, established, and approved and adopted, effective as of November 1, 2010, the amended and restated plan designated "Employee Retirement System of the City of Mustang, Oklahoma, Defined Benefit Plan," (hereinafter called "system"), an executed counterpart of which is marked Exhibit "A" (Joinder Agreement) and Exhibit "B" (amended and restated plan) and attached hereto as part hereof.

(Ord. No. 1054, § 1, 11-2-2010)

Editor's note— Exhibits "A" and "B" are not set out, but are kept on file in the office of the city clerk.

A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits under the system. All contributions to such fund shall be paid over to and received in trust for such purpose by the city. Such fund shall be pooled for purposes of management and investment with similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma as a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of the Oklahoma Municipal Retirement Fund, a public trust. The city shall hold such contributions in the form received, and from time to time pay over and transfer the same to the Oklahoma Municipal Retirement Fund, as duly authorized and directed by the board of trustees. The fund shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is made to the county excise board.

(Ord. No. 1054, § 2, 11-2-2010)

The City of Mustang, Oklahoma, is hereby authorized to incur the necessary expenses for the establishment, operation, and administration of the system, and to appropriate and pay the same. In addition, the City of Mustang, Oklahoma, is hereby authorized to appropriate annually such amounts as are required in addition to employee contributions to maintain the system and the fund in accordance with the provisions of the defined benefit plan. Any appropriation so made to maintain the system and fund shall be for deferred wages or salaries, and for the payment of necessary expenses of operation and administration to be transferred to the trustees of the Oklahoma Municipal Retirement Fund for such purposes and shall be paid into the fund when available, to be duly transferred to the Oklahoma Municipal Retirement Fund.

(Ord. No. 1054, § 3, 11-2-2010)

The mayor and city clerk be and they are each hereby authorized and directed to execute (in counterparts, each of which shall constitute an original) the system instrument, and to do all other acts and things necessary, advisable, and proper to put said system and related trust into full force and effect, and to make such changes therein as may be necessary to qualify the same under Sections 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart attached hereto as Exhibit "A" and Exhibit "B", which has been duly executed as aforesaid simultaneously with the passage of this ordinance [codified in this division] and made a part hereof, is hereby ratified and confirmed in all respects.

This committee is hereby authorized and directed to proceed immediately on behalf of the City of Mustang, Oklahoma, to pool and combine the fund into the Oklahoma Municipal Retirement Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled management and investment.

(Ord. No. 1054, § 4, 11-2-2010)

Editor's note— Exhibits "A" and "B" are not set out, but are kept on file in the office of the city clerk.

(a)

The city manager or his designee is authorized to approve payment of claims and invoices related to workers' compensation and health benefits from the accounts and/or funds established for those purposes, pursuant to the provisions of 62 O.S. § 310.1 and other appropriate law.

(b)

Prior to the city manager or his designee approving such claims or invoices, he will examine all claims or invoices to determine that they are appropriate for payment and will require certification from the employee charged with keeping the appropriation and expenditure records of the city clerk that the encumbrance has been entered against the designated appropriation accounts and that the encumbrance is within the authorized available balance of the appropriation.

(c)

Warrants, checks or other instruments for payments for claims or invoices described in this section shall be signed by the city manager or his designee, or in his absence by the finance director or his designee.

(d)

The designee(s) of the city manager and the finance director for the purposes of this section shall be identified in writing and filed with the city clerk.

(Code 1977, § 3.06.010; Ord. No. 928, § 1, 3-1-2005)

(a)

In situations specified in this section, invoices may be paid by the alternate procedure as provided in this section, at the discretion of the city manager, pursuant to the authority granted municipalities by 11 O.S. § 17-102, as it may be amended.

(b)

Situations in which this alternate procedure may be used are restricted to the following: monies provided for use by the city police department for investigative purposes, to include, without limitation, payment to informants when approved by the chief of police and the city manager, provided:

(1)

The amount does not exceed $1,000.00 in any single transaction;

(2)

Sufficient monies are available and unencumbered to pay such amounts; and

(3)

The purpose of the expenditure is disclosed to the city manager and the director of finance, which purpose shall remain confidential as a part of the police investigative file.

(c)

Monies paid through this alternative procedure will be approved by signatures of the encumbrance officer and the purchasing officer on the purchase order upon submission of the purchase order by the chief of police, which purpose shall be designated as "investigation expenses". Checks or warrants will be signed by both the director of finance or his designee and the city manager or his designee and may be made out to "Cash" ifrequested by the chief of police for good cause shown. The designees shall be made in writing and filed with the city clerk.

(Ord. No. 697, § 1(3.30.10—3.30.30), 10-6-1998; Ord. No. 929, § 1, 3-1-2005)

(a)

The city may establish and maintain a petty cash fund for use in making payments incurred in operating the city, pursuant to 11 O.S. § 17-102(D) and other appropriate law, under such conditions and restrictions as may be determined by the city manager.

(b)

The city manager or his designee is authorized to approve expenditures from the petty cash fund in an amount not to exceed $500.00. The identification of such designees shall be made in writing and filed with the city clerk.

(c)

Prior to obtaining petty cash, vouchers must be submitted to the finance department which contain the date, amount, description of items, and approval of the city manager or his designee. The finance department will assign a number to the voucher and the employee will sign a receipt for funds. All receipts will be submitted to the finance department.

(d)

The city manager is authorized to approve reimbursement to the account to maintain the level of the account in an amount not to exceed $500.00 at any time, upon submission of a claim or invoice to the encumbrance officer or city clerk and certification by the employee charged with keeping the appropriation and expenditure records or city clerk that the encumbrance has been entered against the designated appropriation accounts and that the encumbrance is within the authorized available balance of the appropriation.

(Code 1977, § 3.06.020)

There is hereby imposed on the maker of any check or draft payable to the city that proves to be worthless a fee as provided in section 42-2 to cover the costs of processing the check or draft, plus any charges levied on the city by a bank or other financial institution on account of such check.

(a)

In situations specified in this section, invoices may be paid by the alternate procedure as provided in this section, at the discretion of the city manager or his designee, pursuant to the authority granted municipalities by 11 O.S. § 17-102, as it may be amended.

(b)

Situations in which this alternative procedure may be used are restricted to:

(1)

Refunds to customers for deposits on the use of city facilities;

(2)

Refunds to customers for utility deposits;

(3)

Refunds to customers for fees paid on city sponsored programs that have been cancelled;

(4)

Debt service principal and interest payments as appropriated by the governing body;

(5)

Interfund transfers as appropriated by the governing body in the original or amended budget; and

(6)

Utility and telephone charges governed by the corporation commission.

(c)

For all purchases mention in subsection (b) above, requisitions forms shall be completed by the department head and forwarded to the city manager and finance director for approval. Once approved the requisition shall be forwarded to an employee charged with keeping the appropriation and expenditure records (encumbering clerk) who shall determine that there exists available unencumbered appropriation in the accounts to be charged. Upon such determination, the encumbering clerk shall attest to that fact in writing. If appropriation is not available for the proposed purchase or commitment, the purchase or commitment shall not proceed until budget amendments are authorized to provide sufficient appropriation.

Upon approval of the purchasing officer and encumbering clerk, an encumbrance shall be recorded in the appropriation and expenditure records in the amount or estimated amount of the commitment and a purchase order issued.

(d)

Upon issuance of the purchase order, a claims list along with supporting documentation shall be prepared and forwarded to the city manager or finance director or their designee(s) for approval.

(e)

Upon approval of the claims for payment, checks or other payment documents as authorized by the state law (11 O.S. § 17-102) shall be prepared and submitted to the finance director. The finance director shall compare the checks or other payment documents to the invoice or claims listing and verify accuracy. Upon verification, the city manager or his designee and the finance director or his designee shall sign the check or other documents and prepare them for distribution. In addition, a check register shall be prepared.

(f)

A copy of the approved check register shall be provided to the governing board for informational purposes at the next regularly scheduled city council meeting; however, governing body approval is not required prior to the payment of the invoices or claims if incurred and paid in accordance with the provisions above. In addition, the above noted procedures can be used on weeks in which city council does not meet for a regularly scheduled meeting.

(Ord. No. 930, § 1, 3-1-2005)

Where any unpaid debt, account receivable, penalty, cost, fine, fee or other monetary obligation is referred for collection pursuant to a contract between the city and a collection agency, there is hereby imposed on the person owing such referred item a collection fee on each item so referred in the amount charged by such collection agency for its services, not to exceed 35 percent of each referred item. A collection agency is hereby authorized to collect the fee imposed by this section.

(Ord. No. 1033, § 1, 12-1-2009)

State Law reference— 11 O.S. § 22-138.

(a)

Where a customer makes payment to the city by credit or debit card for the goods or services set forth herein, a convenience fee in the amount set forth in section 42-2 shall be added to and collected at the time the customer makes such payment. The amount of the convenience fee shall be $2.50. For purposes of this section, the term "convenience fee" shall mean the additional costs to the city or a city-beneficiary public trust associated with providing for payments via credit or debit card, including but not limited to bank processing fees and financial transaction fees, the cost of providing for secure transactions, portal fees, and fees necessary to compensate for increased bandwidth incurred as a result of providing for an online transaction.

(b)

The convenience fee will apply to the following:

(1)

All transactions with the city, including but not limited to utility payments, payment of community development fees, and payment of municipal court fines and costs.

(2)

Transactions at all parks and recreation facilities where the charge exceeds $10.00, with the exception that the convenience fee will not apply to transactions at remote sites. For purposes of this subsection, remotes sites shall mean entry gates and concession stands.

(Ord. No. 1171, § 1, 8-7-2018)

The following terms, phrases, words and their derivations, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City. The term "city" refers to the City of Mustang, Oklahoma, and means the city government in all its forms, including not only all city departments but also any commission or board of the city acting for or on behalf of the City of Mustang; provided, however, that any public trust created pursuant to 60 O.S. § 176, et seq., shall not be included in this definition thereby exempting such trusts from the provisions of this division.

Contractual services. The term "contractual services" means services which are predominantly physical or manual in nature, and involve the furnishing of labor, any materials or supplies necessary to perform the service, time, and effort by a supplier to perform an identifiable task, not typically involving delivery of a specific end product, and may include the use of equipment or the furnishing of commodities in connection with such services under express or implied contract. Contractual services includes but is not limited to: travel, freight, express, parcel post, postage, landscaping, printing and binding, mowing, cleaning, sweeping, hauling, pest control, security, wrecker services, and repairs and maintenance of equipment, machinery, and other city owned property or facilities; and communication services including but not limited to telephone, long distance, cell phone, internet, and video services. The term shall not include: Professional services; insurance; employee benefit plans; financial services; and, services involved in public construction, repair or maintenance contracts.

Cooperative purchasing plan. The term "cooperative purchasing plan" shall mean an arrangement entered into between two or more entities of government for acquisitions pursuant to a cooperative agreement obtained through competition.

Performance-based efficiency contracts. The term "performance-based efficiency contracts" shall have the meaning as set forth in 62 O.S. § 318, as amended from time to time.

Professional services. The term "professional services" means services which are predominantly mental or intellectual in nature, rather than physical or manual, and which do not typically involve the supply of products. Professional services include, but are not limited to: consulting; computer programming and consulting; services to support decision making, policy development, management, administration, or the operation of management systems; and, services identified in 18 O.S. § 803, as amended from time to time.

(Code 1977, § 3.04.101; Ord. No. 1178, § 1, 11-6-2018)

Cross reference— Definitions generally, § 1-2.

All purchases of supplies, materials, equipment and contractual services for the offices, departments and agencies of the city government shall be made by the city manager or by other city personnel in accordance with purchase authorizations issued by the city manager.

(Code 1977, § 3.04.020)

Every contract for or purchase of supplies, materials, equipment or contractual services for more than $50,000.00 shall require the prior approval of the city council, and under no circumstances may such contract or purchase be made without first obtaining the approval of the council.

(Code 1977, § 3.04.030; Ord. No. 906, § 1, 6-18-2004; Ord. No. 1153, § 1, 10-3-2017)

(a)

Authority of city manager regarding surplus materials and equipment. The city manager may transfer to or between offices, departments and agencies, or sell, surplus or obsolete supplies, materials and equipment.

(b)

Competitive bidding required for certain purchases and sales; procedure. Before any purchase of or contract for supplies, materials, equipment or contractual services is made involving the expenditure of more than $50,000.00, or any sale made of property the value of which is more than $1,000.00, it shall:

(1)

Be approved by the council.

(2)

Be submitted for competitive bidding, except in the case of an emergency, and except as otherwise provided in this division.

(3)

Have written notice given by the city manager for sealed bids for the furnishing or sale of such supplies, materials or equipment, such notice to be published in a newspaper of general circulation in the city at least 20 days prior to the date bids are to be opened. The city manager may provide such additional notice as may be deemed necessary to provide prospective bidders with an opportunity to bid.

(c)

Bid notice; opening of bids. The notice required in this section shall state the time and place for filing the bids, and shall contain an ample description of the supplies, materials and equipment to be purchased or sold and the time and place the bids will be opened, and state that all bids may be rejected. The bids shall be in writing and sealed, and filed with the city clerk prior to the time they are to be opened. The bids may be rejected or the city manager may readvertise for bids, or, after due consideration thereof, may award a contract to, purchase from or sell such supplies, material or equipment to the lowest and best responsible bidder. However, the city manager may at his option purchase any such materials, supplies and equipment through central purchasing of the state.

(Code 1977, § 3.04.040; Ord. No. 906, § 1, 6-18-2004; Ord. No. 1127, § 1, 7-21-2015)

State Law reference— The Oklahoma Central Purchasing Act, 74 O.S. § 85.1 et seq.

(a)

The following may be purchased without giving an opportunity for competitive bidding:

(1)

Supplies, materials, equipment or contractual services whose cost does not exceed $50,000.00 in a single transaction.

(2)

Supplies, materials, equipment or contractual services which can be furnished only by a single dealer, or which have a uniform price wherever bought.

(3)

Supplies, materials, equipment or contractual services purchased from another unit of government at a price deemed below that obtainable from private dealers, including government surplus and central purchasing of the state.

(4)

Equipment to replace existing equipment which has become inoperable when the council declares the purchase an emergency as provided in subsection (b) of this section.

(5)

Contractual services (natural gas, telephone service, etc.) purchased from a public utility at a price or rate determined by the state corporation commission or other government authority.

(6)

Supplies, materials, equipment or contractual services when purchased at a price not exceeding a price set therefor by the state purchasing agency or any other state agency authorized to regulate prices for things purchased by the state (whether such price is determined by a contract negotiated with a vendor or otherwise).

(7)

Contracts for professional services.

(8)

Purchases made through a cooperative purchasing plan, as provided in section 2-199.

(9)

Performance-based efficiency contracts entered into pursuant to 62 O.S. § 318.

(b)

The council can suspend the competitive bidding requirements by declaring an emergency. Such declaration shall require the approval of two-thirds of the councilmembers.

(Code 1977, § 3.04.050; Ord. No. 906, § 1, 6-18-2004; Ord. No. 1127, § 2, 7-21-2015; Ord. No. 1178, § 2, 11-6-2018)

State Law reference— The Oklahoma Central Purchasing Act, 74 O.S. § 85.1 et seq.

Surplus or obsolete supplies, materials or equipment of a value of more than $1,000.00 shall be disposed of following the same procedures as set forth in sections 2-194 and 2-195 pertaining to purchases.

(Code 1977, § 3.04.060)

The city manager may sell the following without giving an opportunity for competitive bidding:

(1)

Surplus or obsolete supplies, materials or equipment whose total value does not exceed $1,000.00 in a single transaction.

(2)

Surplus or obsolete supplies, materials or equipment whose total value does not exceed $50,000.00 in a single transaction when sold to a public agency as defined in 74 Okla. Stat. § 1003, as amended.

(3)

Supplies, materials or equipment when sold at a price at least as great as that paid by the city for the supplies, materials or equipment.

(Code 1977, § 3.04.070; Ord. No. 1229, § 1, 8-3-2021)

The city manager may avail the city of the provisions of the contracts of any municipality or county in the state, provided that the contract in such other municipality or county in the state is competitively bid in accordance with the rules, regulations and ordinances of such municipality or county and in accordance with the laws of the state.

(Code 1977, § 3.04.080)

Competitive bidding shall not be required and the city shall have the authority, instead, to make purchases from a cooperative purchasing plan where such cooperative purchasing plan's contracts were obtained through prior competitive bidding when the best interests of the city would be served.

(Ord. No. 1178, § 3, 11-6-2018)

(a)

Members of all boards and commissions created or to be created by the city council shall be subject to the following:

(1)

Absences will terminate membership if any member should miss more than one-half of the regular or special called meetings of the board within a consecutive four-month period, without further action of the city council. The chairperson, or any remaining member of the board, shall notify the city manager of the vacancy within 15 days of the meeting at which the member's absence terminated membership. The city manager will notify the city council of the vacancy at the next meeting of the city council following notification.

(2)

Upon the motion of any member of the city council, the council may, by a majority vote, waive the termination if, in the sole discretionary authority of the council, the absences are based upon good cause, and continuation of membership is for the good of the service.

(3)

If the termination of membership is not waived as provided in this section, the city council shall fill the vacancy for the unexpired term in accordance with terms and conditions provided for other vacancies for the respective boards.

(b)

The provisions of this section shall apply in addition to any other provisions for vacancies, removal or appointments presently existing and not in conflict with this section.

(Ord. No. 701, § 1, 12-15-1998)

The trust created by Howard A. Silver, an individual, by indenture dated June 4, 1963, made, executed and delivered by him to Ira E. Coles, Arthur Gayman, Robert E. Hill, Herman Powell and Howard A. Silver, trustees of the Mustang Improvement Authority, in accordance with the laws of the state, for the use and benefit of the city under the terms and conditions set out in this division, is accepted by the city.

(Code 1977, § 13.16.010)

The city, the beneficiary, is familiar with the terms and provisions of the trust indenture executed and dated as provided in section 2-241, entered into by and between the parties, which instrument by reference is made a part of this division, and the city agrees, ratifies and confirms that the trust is created, operated and maintained subject to the limitations and provisions of the trust and, by filing the trust in the offices of the county clerk, the trust is determined as irrevocable and is accepted by the beneficiary for the uses and purposes therein contained.

(Code 1977, § 13.16.020)

In order to complete and fulfill the purpose of the trust indenture and to consummate the uses and purposes of the trust accepted under this division, it is determined to be in the best interests of the city and its inhabitants that all necessary easements and rights-of-way be granted the Mustang Improvement Authority for the use of any and all public streets, ways, alleys, thoroughfares and any other public property, and such rights-of-way for the use thereof are granted to the Mustang Improvement Authority, the trustees thereof, and their successors and assigns.

(Code 1977, § 13.16.030)

In the use, maintenance, operation and control of the rights-of-way, easements and powers granted under this division, the Mustang Improvement Authority shall, in the enjoyment thereof, hold the city, its agents and employees harmless, whether for negligence or otherwise, in the operation and performance thereof; and such grants and easements are granted upon the express stipulation that the grantee thereof shall promptly restore all paving cuts, contours, surfaces, streets, alleyways, sewers and water lines and all other surfaces and facilities to the condition they were in prior to the use or interruption thereof by the Mustang Improvement Authority and shall, in the enjoyment and operation thereof, at all times, maintain all reasonable warning signs, flares or other devices reasonably protecting the inhabitants of the city and the public generally from the obstruction, opening, use or other activity so being conducted by the Mustang Improvement Authority pursuant thereto.

(Code 1977, § 13.16.040)

There is a capital improvements board which shall consist of seven members. Such members shall be recommended for appointment by the council member who represents the ward and appointed by the mayor, with the approval of the city council. The governing body may remove a member for the good of the service. Absence will terminate membership as set out in section 2-221. Vacancies shall be filled for the unexpired terms. Members shall serve without compensation. The city manager shall be an ex officio member of the board, but shall have no vote.

(Code 1977, § 2.28.010; Ord. No. 914, § 1, 7-20-2004)

Every year, at the time prescribed for the beginning of the term of new members or as soon thereafter as practicable, the capital improvements board shall elect a chairperson, a vice-chairperson and a secretary. The secretary need not be a member of the board. It shall determine the time and place of its regular meetings. The chairperson or any three members may call special meetings of the board. A quorum shall be constituted by the presence of four members of the capital improvements board. It shall take a majority of the board members to enact the powers and duties of the capital improvements board.

(Code 1977, § 2.28.020)

(a)

The capital improvements board shall act as an advisory board to the city council with reference to capital improvements projects and programs as designated by the council or as initiated by the board. The categories of improvements may include parks and open space, streets and traffic, water, sewer, storm drainage and sanitation, utilities, public buildings and other projects. The board shall provide the means to collect citizen input and other information with regard to capital projects as referenced in this section, and provide such information to the council for final decision. The board shall also establish and annually update a five-year prioritized capital improvement program. Such program shall be submitted to the council by March 1 of each year.

(b)

The board shall review all capital needs under subsection (a) of this section with reference to the long range and future planning aspects of community development.

(c)

The capital improvements board shall coordinate its efforts with the planning commission and various city staff members. The city manager shall ensure that reasonable information is made available to the board and shall provide clerical and administrative support necessary for reports to the council.

(d)

The capital improvements board shall adopt rules of procedure for transaction of its business.

(Code 1977, § 2.28.030)

(a)

(1)

Created—Membership. There shall be a leisure services board which shall consist of seven members, residents of the city, who shall be recommended for appointment by the council member who represents the ward and appointed by the mayor, with the approval of the city council for overlapping terms of three years, beginning July 18, 2002, except as provided herein for initial terms: the representative "at large" shall be nominated and appointed by the mayor and shall serve an initial term through June 30, 2003; representatives from wards one, three, and six shall be appointed to serve initial terms through June 30, 2004; and representatives from wards two, four, and five shall be appointed to serve initial terms through June 30, 2005. A member of the youth advisory committee shall also be appointed to serve as a member for a one-year term beginning each September 30, but shall not have the power to vote, except as provided herein. The city manager or his designee shall also serve as an ex officio member of the board, but shall have no vote.

(2)

Representation. To the extent practicable and feasible, the members of the board shall be appointed so as to provide for representation of each of the six wards in the city, with one member appointed at large. The "at large" appointment may include a member of the youth advisory committee (in which case and for which duration, there will not also be a non-voting member from the youth advisory committee), a resident representative of any of the recognized sports associations which routinely use the park facilities, or any other resident of the city whose membership would serve the betterment of the community.

(b)

Vacancies, termination of membership and the filling of vacancies. Absence will terminate membership as with other boards established by the city, pursuant to section 2-221; and further provided that the governing body may remove a member at any time for the good of the service. Vacancies shall be filled for unexpired terms by the procedure established for full terms. Members shall serve without compensation.

(Ord. No. 709, § 1(2.30.010), 3-2-1999; Ord. No. 811, § 1, 7-16-2002; Ord. No. 911, § 1, 7-20-2004; Ord. No. 912, § 1, 7-20-2004)

In July of each year, or as soon thereafter as practicable, the board shall elect a chairperson, a vice-chairperson, and a secretary; and the secretary need not be a member of the board. It shall determine the time and place of its regular meetings which shall be at least quarterly; and the chairperson or any four members may call special meeting of the board. A quorum shall be constituted by the presence of a majority of the voting members. It shall take a majority vote of the voting members to enact the powers and duties of the board.

(Ord. No. 709, § 1(2.30.020), 3-2-1999; Ord. No. 811, § 1, 7-16-2002)

(a)

The leisure services board will act as an advisory board to the city council on matters concerning the parks and recreation department. The director of parks and recreation will serve as liaison between the city council and the board as appropriate.

(b)

The leisure services board will meet and submit recommendations and reports as requested on special events and endeavors that occur within or are related to the parks and recreation department.

(c)

The leisure services board will review those matters referred to it by the city council.

(d)

The leisure services board will assume those duties and responsibilities previously assumed by the park land review committee, including, but not limited to, those set forth in chapter 106, article VI, section 106-331.

(e)

The leisure services board will afford all recognized sports associations (including, but not limited to, baseball, softball, and soccer) routinely using city park facilities the opportunity to meet with the board at least quarterly.

(Ord. No. 709, § 1(2.30.030), 3-2-1999; Ord. No. 811, § 1, 7-16-2002)

All other references in the Code to the park land review committee, including, but not limited to, those set forth in chapter 106, article VI, shall hereafter refer to the leisure services board.

(Ord. No. 811, § 1, 7-16-2002)