The inhabitants within the boundaries hereinafter defined, and
their successors, are hereby created and organized a municipal corporation,
and body politic with perpetual succession under the name "THE CITY
OF CUSHING," and shall succeed to, own and possess all the property,
rights, privileges, franchises, powers and immunities now belonging
to the present corporation known as the City of Cushing, and shall
be liable for all debts and obligations for which said present corporation
is now liable, and shall have power to adopt a common seal and alter
same at pleasure, to sue and be sued in all courts, to make contracts,
to take and acquire property by purchase, condemnation or otherwise,
and to hold, lease, mortgage, convey or otherwise dispose of any of
its property, real or personal, within and without the limits of said
city, and it shall have such other powers, rights, privileges, franchises
and immunities as are granted or conferred by any other parts of this
Charter, or by the Constitution and the Laws of the State of Oklahoma.
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Note — The following are ordinances annexing property
into the city:
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Ord. No. 1-16-84-1, adopted January 16, 1984.
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Ord. No. 3-5-84-2, adopted March 5, 1984.
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Ord. No. 4-30-84-3, adopted April 30, 1984.
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Ord. No. 6-18-84, adopted June 18, 1984.
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Ord. No. 7-25-95-06, adopted July 25, 1995.
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Ord. No. 02-12-97-03, adopted February 12, 1997.
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Ord. No. 04-15-97-04, adopted April 15, 1997.
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Ord. No. 01-05-98-2, adopted January 5, 1998.
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Ord. No. 07-06-98-03, adopted July 6, 1998.
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Ord. No. 06-20-03, adopted June 20, 2016
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That the boundaries of the City of Cushing, until otherwise
changed as provided in this Charter, shall remain and continue to
be the same, and divided into the same wards, as are existing at the
time of the adoption of this Charter, with power and authority vested
in the City of Cushing to change its boundaries in the manner authorized
by law, and to change the boundaries and number of its wards by ordinance.
Said city shall also have all other powers that may hereafter
be given it by the Constitution and the laws of this state, and where
any provisions of this Charter shall be in conflict with any law or
laws relating to cities of the first class in force at the time of
the adoption and approval of this Charter, the provisions of this
Charter shall prevail, and be in full force, notwithstanding such
conflict, and shall operate as a repeal or suspension of such state
law or laws to the extent of such conflict and said city shall have
power to enact and enforce all ordinances necessary to protect health,
life and property, and to prevent and summarily abate and remove nuisances,
and to preserve and enforce good government and order for the security
of the city and its inhabitants, to protect the lives, health and
property of the city; and to enact and enforce all ordinances upon
any subject, provided that no ordinance shall be enacted inconsistent
with the general laws of this state, the state constitution or this
Charter; and it shall, by ordinance, regulate the speed at which all
trains, engines and cars of any railroad company, whether steam or
electric, shall be run within the corporate limits, upon the streets,
ways or public places of the city, and it may also by ordinance require
all such companies to maintain flagmen or gates, or both flagmen and
gates, at any intersection of street crossing, where in the judgment
of the board of commissioners, the public safety requires same, and
may also require all railway companies to erect viaducts over, or
tunnels under their tracks or crossings or streets.
Article Eighteen of the Constitution of the State of Oklahoma,
under the title "Municipal Corporations," and every section thereof,
including the initiative and referendum, and all other provisions
and sections of said Article Eighteen, is hereby adopted and made
in full force and effect for the government of the City of Cushing,
Oklahoma.
[Amended 4-2-1957]
Said city shall have the power to condemn, purchase, acquire,
lease, improve, add to, maintain, conduct and operate all real estate
that may be desired or necessary for municipal and public purposes
for said city and the inhabitants thereof, for sites and rights-of-way
for public utility and public park purposes, and for waterworks, electric
light and power plants, gas plants or systems, quarantine hospital
or stations, aviation and airports, heating plants, incinerating plants,
garbage reduction plants, sewer systems, lines and disposal plants
or additions thereto, pipelines for transmission or transportation
of gas, water and sewerage, poles, wires, and lines for transmission
or transportation of electricity for lights and power, and any other
public utilities or works or ways local in use, and anything and everything
required for public utilities or other public purposes, for the use
of said city and the inhabitants thereof, and any such systems, plants,
works or ways; except any real estate owned, used or leased in connection
therewith, may be included or excluded at the option of the city;
or any contracts in relation or connection therewith that may exist,
and which said city may desire to purchase may be purchased or acquired
by said city, which may enforce such purchase by proceedings at law
or in equity, by right of eminent domain, either within or without
the corporate limits of such city, provided, however, that the power
to condemn shall not be exercised for the purpose of acquiring physical
property, real estate and equipment at any time in service or in use
in said city, of any public utility or utilities now existing and
operating under any valid franchise heretofore granted by the city,
if such right to condemn was not reserved to said city by the terms
of such franchise, and said city shall have and exercise the right
to manufacture, refine and prepare any material for public improvement
purposes, and to barter or exchange the same for other materials to
be used for other public improvements in such city, or to sell same
to other cities or persons for like purposes, in order to raise the
means to carry on the same, and said city shall have the power to
issue bonds bearing interest at a rate not to exceed that provided
by law, maturing and redeemable as provided by law, upon the vote
of the tax-paying electors at any special or general election in any
amount necessary to carry out any of said powers or purposes, as above
provided, said amount being alone limited by the Constitution and
the Laws of the State of Oklahoma, and whenever any such public utility
or manufacturing plant for public improvements shall be constructed
or purchased by means derived from the sale of bonds as above provided,
it shall be the duty of said board of commissioners to fix rates to
be charged for the service to the public, as nearly as practicable,
so as to pay annually the interest and not less than three (3) percentum
on the principal of such bonds, in excess of the expense of maintenance
and operation; Provided that, whenever it shall be found necessary
for the public welfare, without increasing the total indebtedness
of such city beyond the constitutional limits, it shall be lawful
for such board to lease, as provided by this Charter, at a stipulated
rental, any public improvement or utility, or manufacturing plant
of establishment from any city, firm or corporation, which shall contract
to furnish the same, and such rental contracts shall reserve to said
city, the option to purchase.
The ownership, right of control and use of the streets, highways,
alleys, parks, public places and all other real property of the City
of Cushing, is hereby declared to be inalienable by said city, as
hereinafter provided; and no franchise or easement involving the right
to use the same, either along, across, over or under the same, shall
ever be valid unless expressly granted and exercised in compliance
with the terms hereof. No act of omission of the city, its officers
or agents, shall be construed to confer or extend by estoppel or indirection,
any right, franchise or easement not expressly granted as herein provided.
No exclusive franchise or privilege shall ever be granted, and
no franchise for any public utility shall ever be granted that shall
not contain a provision reserving to the city the right to engage
in the same business mentioned in the said franchise.
All franchises shall be granted, extended or renewed, only with
the approval of a majority of the qualified electors residing within
the corporate limits of the city, who shall vote thereon.
[Adopted 4-17-1931]
All persons, firms or corporations to whom a franchise for public
utility or public service purposes may hereafter be granted, or their
assigns and successors, shall as compensation for the right or privilege
enjoyed for the use of the streets and alleys, pay to the City of
Cushing a sum not less than two (2) percent of the gross receipts
of the business pursued by the holders of the franchise. The amount
of said bonus or compensation shall be fixed by ordinance granting
the franchise, and shall be payable to said city by the fifteenth
day of each quarter annual period of each calendar year and such payments
shall be accompanied by a sworn statement showing the total gross
receipts for each said quarter annual period. The amount of said bonus
or compensation paid to the city shall be placed in the sinking fund
of said city and used for sinking fund purposes only, provided, that
if no sinking fund is required, then the said bonus or compensation
payments shall be placed in the general fund of said city and used
for general fund purposes. Said bonus or compensation shall be exclusive
of and in addition to all lawful ad valorem taxes upon the value of
the franchise or other property of the holder thereof, and lawful
occupation taxes imposed upon the occupation or calling of the holder
of such franchise.
In order to ascertain the true amount of such gross receipts
and to determine the amount of such bonus or compensation, and for
any other purpose relating to the business or affairs of the city,
the board of commissioners shall have power to examine or cause to
be examined the books, papers and records of franchise holders, to
take testimony and compel the attendance of witnesses under oath and
under such rules and regulations as said board of commissioners may
adopt, and should any franchise holder refuse inspection of its books,
papers, or records, or the production of the same when lawfully required
to do so by the said board of commissioners, or should any officer,
agent or employee of said franchise holder refuse to give testimony
before said board of commissioners or should any franchise holder
refuse or fail to make the payments required within the time and manner
as hereinabove provided, then said board of commissioners shall have
power by ordinance, to declare the franchise or privilege enjoyed
by such person, firm or corporation so in default, annulled and terminated.
Ordinances granting franchises shall be subject to the terms
hereof and of this Charter and shall contain such terms and conditions
as the board of commissioners shall see fit to impose. All franchises
shall be exercised in accordance with the terms of the ordinance granting
the same and of this Charter. If such franchise shall not be exercised
in substantial accordance with the terms hereof, and this Charter,
and of the ordinances granting the same, then after notice to and
reasonable hearings of the holders thereof, such franchise may be
cancelled or annulled and the board of commissioners shall, by ordinance,
adopt reasonable rules and regulations for such notice and hearing.
No franchise shall ever be granted, extended or renewed for
a longer term than twenty-five (25) years. No subsidiary franchise,
or franchises, of any character appertaining or relating to any other
franchise which shall extend beyond the life of such main franchise
shall ever be granted to any franchise holder, or to any person, firm
or corporation, acting for him directly or indirectly, and any such
grant in violation of the prohibition shall be absolutely void. No
franchise, privilege or easements granted by the City of Cushing shall
ever be used or operated so as to extend or enlarge any other franchise
or privilege as granted by said city, and any violation of this prohibition
shall operate as a forfeiture of each and all such franchises, privileges
and easements.
No franchise shall hereafter be granted, extended or renewed
that does not contain a provision reserving to the city, the right
through its board of commissioners, to determine, fix and regulate
the charges, fares and rates to be charged by the person, firm or
corporation operating under said franchise, and to prescribe the equipment
and kind of service to be furnished by such person, firm or corporation,
and the manner in which it shall be rendered; and from time to time
to alter or change such rules and regulations and compensation. The
board shall make rules and regulations granting a fair hearing to
persons, firms or corporations to be affected by said regulations
and no change in regulations shall be adopted except after a fair
hearing; Provided, that in adopting such regulations and in fixing
or changing such compensation, or determining the reasonableness thereof,
no stocks or bonds authorized or issued by any person, firm or corporation
enjoying a franchise shall be considered, unless such proof that the
same have been actually issued by the corporation, person or firm
for the money paid and used for the development of the property, labor
done, or property actually received and in service or in use in said
city, in accordance with the laws and constitution of the state applicable
thereto; and in order to ascertain all facts necessary for a proper
understanding of what is, or should be a reasonable rate or regulation,
the board shall have the full power to inspect books, and compel attendance
of witnesses, and may prescribe penalties for failure or refusal to
attend and testify, or produce books.
[Amended 4-14-1939]
Every grant, extension or renewal of a franchise or right for
public utility or public service, shall provide and there shall be
embodied therein, that the city shall at all times during the existence
or continuance of such franchise, have the right and power to purchase
the physical property and equipment of such utility then in service
or use in said city, at the then value of such physical property and
equipment at the time of the election of said city to purchase the
same, and take over the property and plant of the grantee except any
real estate owned, used or leased in connection therewith, may be
included or excluded at the option of the city, and any violation
of this prohibition shall operate as a forfeiture of each and all
such franchises, privileges and easements.
Whenever the board of commissioners is petitioned by any person,
firm or corporation for a franchise or for extension or renewal of
any existing valid franchise approved by a vote of the people of the
City of Cushing, such petitioner shall file with the petition, an
agreement that they will pay the expenses of any special election,
and shall deposit with the city clerk, a certified check for the amount
which shall be estimated by the board necessary for holding such election.
Thereupon, the board of commissioners shall cause thirty (30) days'
notice to be given in a daily newspaper of the city of such special
election, and if the majority of the qualified voters residing in
the city who vote upon the question, shall vote in favor thereof,
the franchise shall be granted, extended or renewed by the board at
its next succeeding regular meeting, subject to the provisions of
this Charter, and the city shall at all times have the right and power
to condemn the property of any public utility in use or service in
the city, as heretofore provided.
Said city may receive bequests, gifts and donations of all kinds
of property in fee simple or in trust for charitable, humane and public
purposes, and to perform all acts necessary to carry out the purposes
of such gifts, bequests, donations or trusts with power to manage,
sell, lease or otherwise dispose of the same in accordance with the
terms of the gift, bequest, donation or trust.
The legislative, executive and judicial powers of the city shall
extend to all matters of local and municipal government, it being
the intent hereof that the specification of particular powers by any
other provisions of this Charter shall never be construed as limiting
or impairing the effect of the general grant of power hereby made.
All existing ordinances, rules and regulations of the city not
inconsistent with this Charter, nor inapplicable under the altered
form of municipal government provided by this Charter, shall be and
continue in full force and effect, until amended or repealed, or until
they expire by their own limitations, and no existing right, action,
(civil or penal) suit, proceeding, or contract, shall be affected
by the change in the form of the government of the city; but all shall
continue as though no such change had taken place; and all debts,
penalties and forfeitures which have accrued, or which may hereafter
accrue by virtue of anything heretofore done or existing, shall inure
to the benefit of the City of Cushing, and may be sued for and recovered
by said city as though this Charter had not been adopted. Nothing
herein, however, shall legalize or make legal any invalid indebtedness
of the city heretofore contracted or incurred, or impair any defense
against the payment of the same; nor shall the adoption of this Charter
in anywise interfere with any proceedings heretofore instituted, relating
to the levy and collection of taxes, special assessments or levies
of any nature, or with any proceedings to enforce the payment of the
same, and all contracts heretofore entered into by the city shall
remain in full force and effect, and be completed under ordinances
existing at the time of the adoption of this Charter, all existing
ordinances, resolutions, rules and regulations of the city.
The office of mayor and members of the city council shall be
terminated and become vacant immediately upon the adoption and approval
of this Charter, and the election and qualification of the commissioners
provided for herein. The other officers, appointees and employees
of the present corporation of the City of Cushing, except as provided
herein, shall continue in their office and employment upon the adoption
and approval of this Charter, and the organizing of the new city government,
until their successors are chosen and qualified, or until their services
are dispensed with by order of the board of commissioners or manager.
Any amendment, or amendments to this Charter, or a substitute
for this Charter, may be proposed by the board of commissioners, and
such proposed amendment, or amendments or such substitute charter
shall, with the yeas and nays thereon, be entered in the journal and
referred by the county election board to the people of the City of
Cushing for their approval or rejection, at the next regular, general
election except when the board of commissioners, by a unanimous vote,
shall order a special election for the purpose. If a majority of all
the electors voting at such election shall vote in favor of any amendment
thereto, it shall be submitted to the Governor of the State of Oklahoma
and on his approval, one copy thereof shall be deposited in the office
of the secretary of state, and the other after being recorded in the
office of the Register of Deeds of Payne County, shall be deposited
in the archives of the city, and said amendment shall become a part
of this Charter. If a majority of all of the electors voting at any
such election shall vote in favor of a substitute for this Charter,
it shall be submitted to the Governor of the State of Oklahoma, and
on his approval, a copy thereof shall be deposited in the office of
the secretary of state, and another copy, after being recorded in
the office of the Register of Deeds of Payne County, shall be deposited
in the archives of the city. Said substitute charter shall then supersede
this Charter, and become the organic law of the City of Cushing. If
two (2) or more amendments are proposed, they shall be submitted in
such manner that the electors may vote for them or against them separately;
provided that this section shall not impair the right of the people
to amend this Charter by a vote upon an initiative petition therefor.
No board of freeholders shall be called by the board of commissioners
to propose alterations, revisions or amendments to this Charter, or
to propose a new charter unless the ordinance for such board of freeholders
shall first be approved by the people on a referendum vote at a regular
or special election, and any amendment, amendments, alterations, revisions
or new charter proposed by such board of freeholders shall be submitted
to the electors of the City of Cushing at a general or special election,
and be approved by a majority of the electors voting thereon, before
same shall become effective; provided that the question of such proposed
board of freeholders shall be submitted to the people at least once
every twenty (20) years.
Any amendment to this Charter or a substitute for this Charter
may be submitted to the board of commissioners by a petition signed
by at least twenty-five (25) percent of the total number of qualified
voters of the City of Cushing. All petitions circulated with respect
to any proposed amendment or proposed substitute charter shall be
uniform in character, shall contain the proposed amendment or substitute
in full, and shall have printed or written thereon the names and addresses
of at least five (5) electors, who shall be officially regarded as
filing the petition, and shall constitute a committee of the petitioner
for the purposes hereinafter mentioned. Each signer of the petition
shall sign his name in ink or indelible pencil, and shall place on
the petition opposite his name, the date of his signature, and his
place of residence by voting precinct and by street number; provided,
that if there be no street number, he may give the number of the lot
and block on which the house in which he lives, is located. The signatures
on any such petition need not all be appended to one paper, but on
each paper, there shall be attached an affidavit by the circulator
thereof, stating the number of signatures to such part of the petition,
and that each signature appended to the paper is the genuine signature
of the person whose name it purports to be, and that it was made in
the presence of the affiant, and on the date indicated. All papers
comprising the petition shall be assembled and filed with the city
clerk as one instrument, within sixty (60) days from the date of the
first signature thereon, and when so filed, the city clerk shall submit
the same to the board of commissioners at its next regular meeting.
When said petition has been filed, signed by twenty-five (25) percent
of the qualified voters of the City of Cushing, as determined by the
highest number of votes cast at the next preceding general municipal
election, it shall be the duty of the board of commissioners through
its chairman, to call a special election within thirty (30) days from
the date of their first meeting at the filing of said petition with
the city clerk for the purpose of submitting to the voters of the
City of Cushing for their ratification, the proposed amendment, or
amendments, to this Charter, or the proposed substitute charter. If
the majority of the voters voting at such election vote in favor of
adopting such amendment or amendments, or substitute charter, the
same shall be submitted to the Governor of the State of Oklahoma,
and on his approval thereof, shall be filed in the office of the secretary
of state, and another copy, after being recorded in the office of
the Register of Deeds of Payne County, shall be deposited in the archives
of the city, and the same shall immediately become effective as an
amendment or amendments to this Charter, or a substitute for this
Charter.
