Oklahoma Constitution Article XVIII: MUNICIPAL CORPORATIONS
Oklahoma Constitution – Article XVIII: MUNICIPAL CORPORATIONS
Article XVIII governs the creation, organization, powers, and self-governance of municipal corporations (cities and towns) in Oklahoma. It also provides the legal foundation for home rule charters, public utility regulation, and franchise agreements at the municipal level.
🔹 Key Sections and Provisions:
§1–2. Municipal Charters and Home Rule
§1: Any city with a population over 2,000 may frame a charter for its own government (known as home rule).
§2: These charters, once approved by the voters and the governor, become the organic law of the city and supersede state laws in local matters.
§3. Amending City Charters
Cities may amend their charters through proposals by the municipal governing body or by petition from the voters.
Amendments require approval by a majority vote of the city’s qualified voters.
§4. Continuity of Existing Charters
Any city with a charter adopted before statehood retains its charter until lawfully changed.
§5. Municipal Powers
Municipalities may exercise all powers relating to local matters, including levying taxes, regulating public services, and enacting ordinances.
These powers must be consistent with the Oklahoma Constitution and not conflict with state laws in matters of general concern.
🔹 Public Utilities and Franchises:
§5(a). Granting of Franchises
No public utility franchise may be granted without a vote of the people in the city or town.
Franchises must be granted for a specified period and under public terms and conditions.
§6. Control of Public Utilities
Municipalities retain the right to regulate public utilities, including rates, service standards, and operations, unless otherwise governed by the Corporation Commission.
§7. Enforcement of Franchise Terms
If a utility violates the terms of its franchise, the city can bring a lawsuit to revoke the franchise or force compliance.
🔹 Key Principles:
Home Rule Authority: Empowers cities to govern themselves without micromanagement from the state legislature in purely local matters.
Direct Democracy: Voters must approve major decisions like charter adoption, amendment, or granting of utility franchises.
Public Oversight: Ensures transparency and accountability in granting rights to private companies to operate public utilities.
🔸 Summary:
Article XVIII is essential for ensuring local self-government, allowing municipalities to:
Create customized local governance structures.
Regulate utilities and protect public interest.
Promote democratic participation in key local decisions.
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