There shall be a city clerk who shall be an officer of the city
appointed by the city manager for an indefinite term, and who shall
be head of the department of finance. Subject to such regulations
as the council may prescribe, the city clerk shall collect or receive
revenue and other money for the city, and shall deposit the same with
the city treasurer or for the city treasurer in an account or accounts
maintained by the city treasurer in a depository or depositories.
The city clerk shall maintain or have maintained a general accounting
system for the city government. He shall have such other powers, duties
and functions as may be prescribed by the charter, by applicable law
or by ordinance.
Within the department of finance, there shall be a city treasurer,
who shall be an officer of the city appointed by the city manager
for an indefinite term; provided also that the same person may be
appointed both city clerk and city treasurer, and that the council
by ordinance may provide that the city clerk shall be ex officio city
treasurer and that an acting city clerk shall be ex officio acting
city treasurer. Subject to such regulations as the council may prescribe,
the city treasurer shall deposit funds received for the city in such
depositories as the council may designate. He shall have such other
powers, duties and functions as may be prescribed by the charter,
by applicable law or by ordinance.
[Amended 2-7-1989 by resolution, approved at election 4-4-1989]
The trustees of the hospital trust authority for the city hospital
or hospitals and the city manager, for all other offices, departments
and agencies of the city government, subject to any regulations which
the council may prescribe, shall contract for and purchase, or issue
purchase authorizations for, all supplies, materials and equipment.
Every such contract or purchase exceeding an amount to be established
by ordinance shall require the prior approval of the council. The
city manager also may transfer to or between offices, departments
and agencies, or sell, surplus or obsolete supplies, materials and
equipment, subject to such regulations as the council may prescribe.
Before the purchase of or contract for any supplies, materials
or equipment, or the sale of any surplus or obsolete supplies, materials
or equipment, ample opportunity for competitive bidding, under such
regulations and with such exceptions as the council may prescribe,
shall be given; but the council shall not except a particular contract,
purchase or sale from the requirement of competitive bidding.
The council by ordinance may transfer some or all of the power
granted to the city manager by this section to an officer appointed
by and subordinate to the city manager.
The sale of any property, real or personal, including public
utilities, or of any interest therein, the value of which is more
than $5,000, shall be made only (1) by authority of an affirmative
vote of a majority of the qualified electors of the city who vote
on the question of approving or authorizing the sale at an election,
or (2) by authority of a special nonemergency ordinance. Such ordinance
shall be published in full in a newspaper of general circulation within
the city within ten days after its passage, and shall include a section
reading substantially as follows: "Section ______. This ordinance
shall be referred to a vote of the electors of the city if a sufficient
and legal referendum petition is properly filed within thirty days
after its passage and publication; otherwise it shall go into effect
thirty days after its passage and publication."
[Amended 2-7-1989 by resolution, approved at election 4-4-1989]
Public improvements may be made by the city government itself
or by contract. The council shall award all contracts for public improvements
or maintenance of public property, provided that the council may authorize
the city manager to award such contracts not exceeding an amount to
be determined by the council and subject to such regulations as the
council may prescribe.
Every contract for public improvements or maintenance of public
property shall be based upon specifications approved by the council.
Said contracts and improvements will always comply with 61 O.S. § 101
et seq. (1974), known as the Public Competitive Bidding Act of 1974,
or any amendment thereof.
After approval of the specifications, an advertisement of the
proposed work or matter, including an invitation to bid thereon, shall
be published at least one time in a daily newspaper of general circulation
within the city. All bids submitted shall be sealed and shall be opened
by the city manager or his designated agent and shall remain on file
in the office of the city clerk and open for public inspection for
at least forty-eight (48) hours before the council awards the contract
for the work or matter. Such contract may be awarded only to the lowest
and/or best responsible bidder. All bids may be rejected, and further
advertisement and opportunity for competitive bidding may be given.
In the event there is any conflict between the actual language
of this section of the charter and 61 O.S. § 101 et seq.
(1974), known as the Public Competitive Bidding Act of 1974, or any
amendment thereof, then said 61 O.S. § 101 et seq. (1974),
known as the Public Competitive Bidding Act of 1974, or any amendment
thereof, shall apply.
Neither any councilman nor the city manager shall sell or barter
anything to the city or to a contractor supplying the city; or make
any contract with the city; or purchase anything from the city other
than those things which the city offers generally to the public (as
for example, utility services), and then only on the same terms as
are offered to the public. Any such officer violating this section,
upon conviction thereof, shall thereby forfeit his office. Any violation
of this section, with the knowledge, express or implied, of the person
or corporation contracting with the city, shall render the contract
voidable by the city manager or the council.
The fiscal year of the city government shall begin on the first
day of July and shall end on the last day of June of every calendar
year.
The council shall designate a qualified public accountant or
accountants who shall make an independent audit of the accounts and
evidences of financial transactions of the department of finance and
of all other departments, offices and agencies keeping separate or
subordinate accounts or making financial transactions, as of the end
of every fiscal year at least, and who shall report to the council
and to the city manager. In lieu of the above, the council may arrange
with an appropriate state authority for such an audit when and if
permitted by law.