reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-111. Change of grade - Compensation to abutting owners.

No change of any grade previously established by a municipality shall be made without making due compensation to the owners of abutting property for any damage thereby caused to permanent improvements erected on the abutting property with reference to the grade previously established. However, the failure to make such compensation shall not invalidate any assessments on the property chargeable with costs of a grade change as provided by law on street improvements.
Laws 1977, c. 256, § 36-111, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-112. Intersections and crossings - Participation by counties and state highway commission in street improvements.

A. The municipal governing body, in its discretion, may provide for the payment of the cost for improving street intersections and alley crossings out of the general revenues.
B. The State Highway Commission is authorized in its sole discretion to enter into agreements with the governing body of any municipality for participation with State Highway Construction and Maintenance Funds in the cost of any improvements on streets which are a part of the State Highway System. Such agreements may provide for the award and supervision of the contract by the municipality. The state's share of the cost is to be due and payable upon completion of the project.
C. Any board of county commissioners, in its discretion, may enter into agreements with the governing body of any municipality for participation with County Highway Funds in the cost of any improvements on streets which are in the limits of the municipality and are part of the County Highway System. Such agreements may provide for the award and supervision of the contract by the municipality. The county's share of the cost is to be due and payable upon completion of the project.
Laws 1977, c. 256, § 36-112, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-113. Construction, improvement, repair or maintenance of municipal streets.

A. The Department of Transportation may, or the board of county commissioners of any county or federally recognized tribal government shall, by agreement with the governing body of a municipality having a population less than five thousand (5,000) persons, construct, improve, repair or maintain any of the streets of the municipality.
B. The board of county commissioners may construct, improve, repair, or maintain any of the streets of a municipality having a population of less than five thousand (5,000) persons subject to agreement between the governing bodies of the county and the municipality without regard to whether the municipality has passed a sales tax with proceeds earmarked to construct, improve, repair or maintain any of the streets or roadways of such municipality.
C. The board of county commissioners may construct, improve, repair or maintain any of the streets of a municipality having a population of greater than five thousand (5,000) persons but less than fifteen thousand (15,000) persons if the municipality has passed a sales tax or fee with the proceeds earmarked to construct, improve, repair or maintain any of the streets or roadways of such municipality; provided, that the county has a population of less than one hundred fifty thousand (150,000) persons.
D. Notwithstanding any provision of this section, the board of county commissioners may construct, improve, repair, or maintain any of the streets of a municipality if the county has a population in excess of one hundred fifty thousand (150,000) persons according to the most recent Federal Decennial Census. The agreements entered into pursuant to the provisions of this subsection may be performed without regard to whether the municipality has passed a sales tax with proceeds earmarked to construct, improve, repair or maintain any of the streets or roadways of such municipality.
Added by Laws 1977, c. 256, § 36-113, eff. July 1, 1978. Amended by Laws 1982, c. 123, § 1, emerg. eff. April 9, 1982; Laws 1989, c. 162, § 1, operative July 1, 1989; Laws 2001, c. 22, § 1, eff. July 1, 2001; Laws 2003, c. 387, § 1, emerg. eff. June 4, 2003; Laws 2010, c. 266, § 1, emerg. eff. May 13, 2010; Laws 2012, c. 129, § 1, emerg. eff. April 24, 2012; Laws 2017, c. 23, § 1, eff. Nov. 1, 2017; Laws 2019, c. 375, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-114. Use of money from motor fuel excise tax and motor vehicle license and registration tax.

A municipal governing body which receives money from the state under the motor fuel tax or under the motor vehicle license and registration tax act may expend such money out of the street and alley fund or the street and alley account of the general fund of the municipality for construction, maintenance, repair, improvement, or lighting of streets and alleys.
Laws 1977, c. 256, § 36-114, eff. July 1, 1978; Laws 1991, c. 124, § 18, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-116. Duties of railways as to paving and street improvements.

When a railway occupies any portion of a street with its tracks running in the general direction of the street, either on or adjacent thereto, the railway company shall improve the space between its tracks, and two (2) feet on either side thereof, in the same manner that the remainder of the street is to be improved, or with such other material as the municipality may require. Where any railway company occupies an alley with its track or tracks, the company shall be required to improve, gutter, drain, grade or pave, chat or gravel such alley in the manner that may be required by the ordinances of the municipality. Where any railway company crosses any street that is being or has been paved, the governing body may require the railway company to pave so much of the street as may be occupied by its track or tracks and two (2) feet on each side, and when more than one track crosses the street within a distance of one hundred (100) feet, measuring from inside rail to inside rail, the railway company shall grade, gutter, drain, curb, pave, chat or gravel, or improve between its tracks in the same manner as the municipality may be improving or has improved the other portion of the street. Provided however, any municipality may, at the time of the construction of the tracks, the granting of any street railway franchise, or at the time of the publication of the resolution, waive any or all of the requirements of this section if it deems it to be in the best interests of the municipality to do so.
Laws 1977, c. 256, § 36-116, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-117. Sidewalks - Construction by railroad - Maintenance of improvements.

The municipality may require, in addition to the improvement of streets as required in Section 36-116 of this title, that a railway company shall construct sidewalks crossing the tracks or right-of-way of its railways, with such material as the municipality may require by ordinance, upon either or both sides of the street; and that the railway company shall maintain such improvements, keeping the same in repair at its own expense, using for such purpose the same material as is used for the original paving, graveling or macadamizing, or sidewalks, or such other material as the municipality may order.
Laws 1977, c. 256, § 36-117, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-118. Noncompliance by railway - Doing work at railway's expense - Lien on railway property.

A. If the owners of the railway shall fail or refuse to comply with the order of the municipality to make such improvements by paving, chatting, graveling, macadamizing, or building sidewalks as the municipality may direct, or to repair such paving, graveling, macadamizing or sidewalks, such work may be done by the municipality. The cost and expense of such work done by the municipality may be charged against the railway company and may be collected in the district court in the county in which the improvements have been made, by action of law, in the name of the municipality against the railway company. In any such action at law it shall be sufficient to declare generally for work or labor done, or material furnished on the particular street, avenue, alley or highway so improved.
B. In addition to the remedy provided in this section for collection of costs and expenses, the municipality, or any one authorized by it to do the work, shall be entitled to a lien upon the property of the railway company. Such lien shall exist for the full amount of the cost and expense against the property of the railway company adjacent or contiguous to the improvement or improvements so made. The lien may be enforced against the property of the railway company by action in the district court in the county in which the improvements have been made. In any action to enforce the lien, it shall be sufficient to declare generally that the lien exists for the amount of the cost and expense of the work and labor done or material furnished on the particular improvement.
Laws 1977, c. 256, § 36-118, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-119. Waiver of penalties on delinquent assessments.

Whenever the municipal governing body deems it to be in the best interest of the municipality to waive or cancel any part or portion of the penalty or penalties belonging to the municipality from delinquent special assessments, the governing body by resolution may waive or cancel such part or portion of the penalty or penalties; except that any penalties which have been set aside by law for the purpose of paying bonds issued in the respective districts, together with the interest thereon which has accrued upon any delinquent special assessment or installment thereof, or for the purpose of securing bonds or warrants for street improvement purposes or sewers, may not be waived or cancelled by the governing body.
Laws 1977, c. 256, § 36-119, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-120. Compromise of assessments and penalties.

If all the bonds or warrants secured by assessments in any special assessment district in a municipality have been paid off and retired, and there are any special assessment, assessments or installments thereof remaining in the special assessment district which have not been paid off or discharged, then the governing body, in its discretion, may compromise and discharge the assessment, assessments or installments therof, including penalties, for such sum as the governing body determines to be in the best interest of the municipality.
Laws 1977, c. 256, § 36-120, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-121. Resolution waiving penalties - Entries on record.

When any assessment, assessments, installments thereof, or penalties thereon shall be cancelled, compromised or waived by the governing body, a copy of its resolution, certified by the municipal clerk, shall be presented to the municipal or county official charged with the collection of such special assessment, assessments, installments or penalties. The official shall forthwith make the necessary entries in the records and books of his office as may be required to carry out the purposes of the resolution.
Amended by Laws 1984, c. 126, § 68, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-201. Definitions of terms used.

The following terms, when used in Sections 36-201 through 36-226, shall have the meanings respectively provided for them in this section, unless a different definition is given:
1. "Abutting property" shall mean all property within a block liable for assessments for both front and side street improvements. Where the property abutting upon an improvement is not divided into lots and blocks, the property liable to assessment shall be to the distance of three hundred (300) feet from the street, avenue, lane or alley upon which improvements are made, extending along both sides of the distance of the street or way so improved.
2. "Draining" shall mean the construction and connection of all necessary inlets, catch basins, manholes, underground drainage, sewer and utility pipes so as to provide for the collection, carriage and disposal of all surface water falling on or carried to any permanently improved street or way, to the most available existing outlet therefor.
Laws 1977, c. 256, § 36-201, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-202. Petition for street improvements by owners.

A. The owners of more than one-half, in area, of the land liable to assessment for any improvement may petition the municipal governing body for the improvement of any street, alley, lane or avenue, or part thereof, not less than one block in length. The petition shall be filed with the municipal clerk. The petition shall state in bold, capitalized letters at the top of the page that the cost of the proposed improvements shall be assessed against the property benefited by the improvements. The petition shall:
1. Describe the character of the improvement desired and the width of the improvement;
2. Indicate the materials preferred by the petitioners for the improvement; and
3. Show that the petitioners are the record owners of the land liable to assessment.
B. The governing body shall determine the sufficiency of the petition and its finding shall be conclusive and binding for all purposes and against all persons. The governing body may conduct hearings on the sufficiency of the petition and compel the attendance of witnesses under oath. No action or suit to question the findings of the governing body on the sufficiency of the petition may be commenced later than fifteen (15) days after such finding.
C. Upon making a satisfactory determination of the sufficiency of the petition, the governing body shall direct the engineer to prepare preliminary plans and estimates, as provided in Section 36-203 of this title, and proceed with the improvement in the manner provided by Sections 36-201 through 36-226 of this title.
Added by Laws 1977, c. 256, § 36-202, eff. July 1, 1978. Amended by Laws 2001, c. 54, § 1, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-203. Preliminary plans and costs of improvement - Governing body action.

Whenever the municipal governing body deems it necessary to grade, pave, construct, macadamize, chat or gravel, curb, gutter, drain or otherwise improve any street, alley, avenue, lane or any part thereof which shall have been heretofore paved, within the limits of the municipality, it shall direct, by resolution, the engineer to prepare preliminary plans and an estimate of cost. The resolution shall require the engineer to prepare and submit to the municipal clerk the following:
1. Preliminary plans, showing a typical section of the contemplated improvement, the type or types of material, and approximate thicknesses and widths;
2. Assessment plat, showing the area to be assessed; and
3. Preliminary estimate of the total cost of the improvement.
The cost estimate may be in a lump sum or by unit prices, as the engineer may deem most desirable, for the improvement complete in place. The estimate shall also include the cost of advertising, appraising, engineering, and such other expense as in the judgment of the engineer is necessary or essential to the completion of the work of improvement and the payment of the cost thereof. The engineering fees shall not exceed five percent (5%) of the contract price of the improvement. If the resolution provides for one or more types of construction, the engineer shall separately estimate the cost of each type of construction. If more than one street, avenue, alley, lane, public place, or part thereof is included in such resolution, separate estimates as to each shall be made.
Laws 1977, c. 256, § 36-203, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-204. Examination and approval of plans - Resolution of necessity.

Upon the filing of the plans, assessment plat, and preliminary estimate of the cost of the improvements with the clerk, the governing body shall examine them and, if found satisfactory, shall adopt and approve them by resolution, and declare such work of improvement necessary to be done. The resolution shall:
1. Contain the time and place that the governing body will hold a hearing on the proposed improvement; and
2. Direct the municipal clerk to give notice as required in Section 36-205 of this title.
The resolution shall further provide that:
1. Any person, firm, corporation, administrator or guardian holding title to the lands liable to assessment may file, within fifteen (15) days after the last publication of notice, with the clerk a protest in writing against the improvement of the street, avenue, lane, alley or public place, or part thereof; and
2. The municipality may proceed to cause the improvements to be made, contract therefor and levy assessments for the payment thereof, if the record owners of more than one-half, in area, of the land liable to be assessed do not file their written protest as provided in this section.
Laws 1977, c. 256, § 36-204, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-205. Notice of resolution of necessity - Publication and mailing.

A. The resolution of necessity shall be published in six (6) consecutive issues of a daily newspaper, or two (2) consecutive issues of a weekly newspaper, which newspaper shall be of general circulation in the municipality.
B. Not less than ten (10) days before the date of the first hearing on the proposed improvement, as set forth in the resolution of necessity, the clerk shall notify each listed owner of lots or tracts of land within the district as shown by the current year's tax rolls in the county treasurer's office in the following manner:
1. By mailing a postal card directly to the listed owner at his last-known address as shown by the tax roll, notifying the owner of the initiation of proceedings and advising him that his property will be liable to assessment and referring him to the newspaper and issues thereof in which the resolution is or will be published for further particulars; or
2. In lieu of mailing the postal card, by mailing to each of the listed owners a copy of the newspaper publication, which mailing shall not be less than ten (10) days before the first hearing.
If several tracts appear to be owned by the same person, all may be included in the same notification.
C. Proof of the notification given shall be made by certificate of the clerk which shall be filed in his office. However, the failure of any one or more of the listed owners to receive the notification shall not invalidate any of the proceedings hereunder.
Laws 1977, c. 256, § 36-205, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-206. Protests - Determination of sufficiency - Effect of protests on the improvement.

A. Protests which have been filed in accordance with Section 36-204 of this title shall be heard and considered at the hearing on the proposed improvement. The hearing may be continued from time to time so that all protestants may be heard.
B. The findings of the governing body as to the sufficiency or insufficiency of any protest shall be conclusive and binding for all purposes and against all persons. At any hearing on such protests, the governing body may compel the attendance of witnesses under oath to determine the sufficiency thereof, and no action or suit to question the findings of the governing body on the sufficiency of the protests shall be commenced later than fifteen (15) days after the finding.
C. Any number of streets, avenues, lanes, alleys or other public places, or parts thereof, to be improved may be included in the resolution of necessity; but protests or objections shall be made and considered separately as to each street or way. For the purpose of protest, disconnected parts of the same street shall be treated as separate streets.
D. If any street, avenue, lane, alley, or other public place, or part thereof, has been protested by the owners of more than fifty percent (50%) of the land liable to assessment for the improvement, the municipal governing body shall not include the same in proceedings hereunder for a period of six (6) months except upon petition by the owners as provided in Section 36-202 of this title.
E. If sufficient protests are filed as to any one or more of such streets, avenues, lanes, alleys or public places, or parts thereof, the same shall be eliminated from the proceedings, but the other streets, avenues, lanes, alleys or other public places, or parts thereof, as to which sufficient protests have not been filed shall not be affected thereby.
F. Notwithstanding any of the provisions of this section, when a section of any street or avenue included in the resolution of necessity does not exceed two (2) blocks, and does not exceed one thousand (1,000) feet in length and at the ends or limits of the section to be improved there is paving already constructed on and along the street or avenue to be improved, the governing body may cause such improvement to be constructed and to charge the cost thereof to the property liable for assessment as herein provided regardless of the number of protests that are filed against the proposed improvement of such section, street or avenue.
Laws 1977, c. 256, § 36-206, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-207. Right of property owner to institute action in district court - Waiver of objections.

Any property owner, or other person interested in the proposed improvement, shall have the right to institute an action in the district court in the county in which situs of the municipality is located, at any time not later than fifteen (15) days after the action of the municipal governing body in adopting and approving the plans, profiles, specifications, estimates and assessment plat, to contest such action. Any suit instituted after the expiration of the fifteen (15) days shall not be maintained to question the plans, profiles, specifications, estimates or assessment plat, and the property owners liable for assessment shall be deemed to have waived all objections thereto.
Laws 1977, c. 256, § 36-207, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-208. Resolution ordering improvement - Detailed plans, etc. - Contractor's bonds.

A. After the expiration of the time for filing protests against the proposed improvement, or if insufficient protests have been filed, the municipal governing body shall adopt a resolution declaring that no protests have been filed, or if protests have been filed, that the protests were insufficient, and expressing the determination of the governing body to proceed with the improvement. The resolution shall require the engineer to forthwith submit and file detailed plans, profiles, specifications and estimates of probable cost.
B. After the engineer has filed the detailed plans and estimates, the governing body shall examine them and, if found satisfactory, shall adopt and approve them by resolution, and order the improvement. The resolution ordering the improvement shall be adopted not later than one (1) year after the adoption of the resolution of necessity or after the filing of a petition by property owners for street improvements. The resolution shall:
1. State that the improvement will be constructed in accordance with the final detailed plans, specifications and profiles of the engineer;
2. Set forth the material to be used;
3. Set forth any reasonable terms and conditions that the governing body shall deem proper to impose with reference to the letting of the contract and the provisions thereof;
4. Require the contractor to execute to the municipality a good and sufficient bond, in the amount stated in the resolution, conditioned for the full and faithful execution of the work and the performance of the contract for the protection of the municipality and all property owners interested, against any loss or damage by reason of the negligence of the contractor, or improper execution of the work, or for the use of inferior material;
5. Require the contractor to execute a bond, in the amount stated in the resolution, for the maintenance of the improvements against any failure due to defective workmanship or materials for a period of not less than three (3) years from the time of its completion and acceptance. Such maintenance bond shall not be required where the street improvements consist in chatting or graveling;
6. Require the execution of a good and sufficient bond for payment of labor and material in accordance with applicable state law; and
7. Direct the municipal clerk, after the filing of the final plans, profiles, specifications and estimates, to advertise for sealed proposals for furnishing the materials and performing the work necessary in making the improvement.
Laws 1977, c. 256, § 36-208, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-209. Advertisement and notice for proposals - Filing date for suits or actions.

A. The notice of the municipality's advertisement for proposals shall set forth:
1. The streets, avenues, or other public places to be improved;
2. The kind of improvements proposed;
3. That bonds will be required to be executed by the contractor as specified in the resolution ordering the improvement;
4. A reference to the plans and specifications;
5. The time and place for filing sealed proposals; and
6. The time and place that the governing body will consider the proposals.
The notice shall be published in ten (10) consecutive issues of a daily newspaper, or two (2) consecutive issues of a weekly newspaper, which is of general circulation in the municipality.
B. No action or suit to question the adoption of the resolution ordering the improvement, or its sufficiency, or the final detailed estimates of the engineer, shall be commenced later than fifteen (15) days after the first publication of the notice for proposals.
Laws 1977, c. 256, § 36-209, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-210. Award of contract - Aggregate cost.

At the time and place named in the notice for proposals to contractors, the municipal governing body shall examine all bids received. Without unnecessary delay, the governing body shall award the contract to the lowest and best bidder, who will perform the work and furnish the materials which have been selected, and perform all the conditions imposed by the governing body, as prescribed in the resolution ordering the improvement and notice for proposals. The aggregate amount of the contract shall not exceed the aggregate estimate of cost submitted by the engineer for the improvement, and in the event of any excess in cost over the engineer's estimate, the excess shall be void and no assessments for such excess may be levied. The governing body shall have the right to award a contract for all or a portion of the improvement or to reject any or all bids, and to readvertise for other bids when any bids are not, in its judgment, satisfactory. The letting of the contract shall not be complete until the contract is duly executed and the bonds approved.
Laws 1977, c. 256, § 36-210, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-211. Final statement of cost - Designation of land in improvement district - Roster.

A. After the contract has been let and the grading and underground connections have been made, the engineer shall prepare and file with the municipal clerk a final, complete and accurate statement of the cost of the entire improvement, including engineering, appraising, advertising and other expenses incurred or to be incurred by the municipality incident to the improvement, together with any and all additions to the contract price of the improvements and the cost of all water, gas, sewer or other utility connections directly chargeable against the abutting property.
B. The engineer or municipal clerk shall prepare a roster of the owners of the lots and parcels of land which are to be included in the improvement district. The roster shall contain, according to the record title thereof:
1. The names of the last known owners of the property to be assessed, as shown by the current year's tax rolls in the county treasurer's office, or as shown by the certificate of a bonded abstractor; or in case the name of the owner is not known, a statement to that effect; and
2. A description of each tract or parcel of land to be assessed.
Any error in the description of any lot or tract of land liable for assessment shall not invalidate the assessment or lien thereof.
C. The governing body shall adopt and approve the final statement of cost, and the roster designating the lots and parcels of land liable for assessment, if they are found to be correct.
Laws 1977, c. 256, § 36-211, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-212. Appointment of appraisers - Duties - Preparation of assessment roll - Conclusiveness.

A. After the approval of the final statement of cost and the roster designating the property in the improvement district, the governing body by resolution shall appoint a board of appraisers to appraise and apportion the benefits to the several lots and tracts of land described in the roster. The board of appraisers shall consist of three (3) disinterested freeholders of the municipality who are not owners of property to be assessed for the improvement.
B. The appraisers shall take and subscribe an oath to make a true and impartial appraisement and apportionment. The appraisers may be paid for their services. The act of a majority of the appraisers shall have like force and effect as the act of all.
C. Within five (5) days after being notified of their appointment, the appraisers shall proceed to appraise and apportion the benefits to such lots and tracts of land as have been designated by the governing body. The cost of the improvement shall be apportioned among the lots and subdivisions of each quarter block, as provided in Section 36-213 of this title, according to the ownership thereof as it appears on the roster and according to the benefits to be assessed to each lot or parcel. The appraisers shall prepare and file an assessment roll containing the amount of the apportionment and assessment of each tract or parcel of land listed on the roster with the municipal clerk within ten (10) days after being notified of their appointment.
D. The determination by the board of appraisers, as confirmed by the governing body, of the property to be assessed and of the amount of benefits shall be conclusive upon the owners of the property assessed and shall not be subject to review by any court.
Laws 1977, c. 256, § 36-212, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-214. Hearing of objections on assessments - Time of hearing - Notice.

A. When the assessment roll has been filed, the governing body shall set a time for holding a hearing on any complaints or objections that may be made concerning the apportionment as to any of the lots or tracts of land.
B. Notice of the hearing shall be published in five (5) consecutive issues of a daily newspaper, or two (2) consecutive issues of a weekly newspaper, which is of general circulation in the municipality. The date fixed for the hearing shall be not less than five (5) nor more than ten (10) days from the date of the last publication.
Not less than ten (10) days before the hearing, the municipal clerk shall also notify each listed owner of property chargeable with the cost of the improvement at his address, as shown by the current year's tax rolls in the county treasurer's office, or as shown by certificate of a bonded abstractor, in the following manner:
1. By mailing a postal card directly to the owner, notifying him of the facts contained in subsection C of this section, and referring him to the newspaper and issues thereof in which the notice is or will be published; or
2. In lieu of mailing the postal card, by mailing to each of the listed owners a copy of the newspaper publication, which mailing shall be not less than ten (10) days before the first hearing.
If several tracts appear to be owned by the same person, all may be included in the same notification.
C. The notice by publication and by mail shall state:
1. That the assessment roll is on file in the municipal clerk's office;
2. The date the assessment roll was filed; and
3. The time and place that the governing body will hear and consider any objections.
D. Proof of the notification given shall be made by certificate of the clerk which shall be filed in his office. However, the failure of any one or more of the listed owners to receive the notification shall not invalidate any of the proceedings hereunder.
Laws 1977, c. 256, § 36-214, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-215. Hearing - Correction and confirmation of apportionment.

Any person, firm or corporation may, at or prior to the hearing on the apportionment, file objections in writing against the validity of the assessment roll or amount of the proposed assessment, specifically setting forth the nature thereof, and shall have full opportunity to be heard thereon. The governing body shall adjudicate and determine the objections and may make such order as may be just and proper. Any objections to the regularity of the proceedings with reference to the making of the improvement or the validity or the amount of any assessment shall be deemed waived unless presented at the time and in the manner herein specified. At the hearing on the apportionment, or any adjournment thereof, the municipal governing body may review and correct the apportionment and assessment, and raise or lower the same as to any lots or tracts of land, as it shall deem just. The governing body by resolution shall confirm the apportionment and assessment as so revised and corrected by it.
Laws 1977, c. 256, § 36-215, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-216. Assessing ordinance - Interest on installments - Lien.

Assessments in conformity to the appraisement and apportionment, as corrected and confirmed by the governing body, shall be payable in ten equal annual installments, and shall bear interest at the rate of not to exceed thirteen percent (13%) per annum until paid, payable in each year at such time as the several installments are made payable. The governing body, by ordinance and by referring to the assessment roll as confirmed, shall levy assessments in accordance with the assessment roll as confirmed against the several lots and tracts of land liable therefor. The ordinance shall provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments without interest within thirty (30) days after the date of the publication of the assessing ordinance. The special assessments, and each installment thereof and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the publication of the ordinance levying the same, coequal with the lien of other taxes and prior and superior to all other liens against such lots or tracts of land. The lien shall continue as to unpaid installments and interest until the assessments and interest thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general convenant or warranty.
Laws 1977, c. 256, § 36-215, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-217. Treatment of property owned by municipality, counties or schools.

Any property which is owned by the municipality, or county, or any board of education or school district shall be treated and considered the same as the property of other owners. The municipality, county, school district, or board of education within the district to be assessed may pay the total assessment against its property without interest within thirty (30) days from the date of the publication of the ordinance levying the assessment. In the event the assessment is not paid in full without interest within the thirty-day period, the municipality, county, school district or board of education shall annually provide, by the levy of taxes in a sufficient sum, for payment of the maturing installments of assessments and interest thereon.
Laws 1977, c. 256, § 36-217, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-218. Assessment record.

As soon as the assessing ordinance is adopted, the municipal clerk shall prepare a book which shall be known as the Street Assessment Record in which he shall enter:
1. The names of each person owning the land to be assessed as ascertained from the records of the county, or in case the name of the owner is not known, a statement to that effect;
2. A description of the lot, tract or subdivision;
3. A blank space for entering the amount of the assessment; and
4. A suitable column for entering the payments which may be made from time to time on account of the assessment.
Laws 1977, c. 256, § 36-218, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-219. Due date of first installment - Payment of assessment - Interest on delinquent installments.

A. The first installment of the assessment, together with interest upon the whole assessment from the date of the passage of the assessing ordinance to the first day of the next September, shall be due and payable in cash on or before the first day of September next succeeding the passage of the assessing ordinance. If the assessing ordinance is not passed prior to the first day of July in any year, the first installment of the assessment shall be due and payable in cash with interest from the date of the passage of the assessing ordinance to the first day of September of the following year.
B. The assessments shall be payable as the several installments become due, together with the interest thereon, to the municipal clerk, who shall give proper receipts for the payments, and credit the payments upon the Street Assessment Record. In case any installment or interest is not paid when due, the installment so matured and unpaid and the unpaid interest thereon shall draw interest at the rate of twelve percent (12%) per annum from maturity until paid, except as otherwise provided.
C. No statute of limitations shall commence to run against any installment until after the maturity of all installments.
Laws 1977, c. 256, § 36-219, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-220. Notice of maturity of installments.

A. The municipal clerk shall, not less than thirty (30) days and not more than forty (40) days before the maturity of any installment of an assessment, publish in two (2) successive issues of a daily newspaper, or in one (1) issue of a weekly newspaper, which is of general circulation in the municipality, a notice which: 1. Advises the owners of the land affected by the assessment of the date when the installment and interest will be due;
2. Designates the street, streets, or other public places for the improvement of which the assessments have been levied; and
3. States that unless the installment and interest shall be promptly paid, the installment and interest shall bear interest at the rate of twelve percent (12%) per annum thereafter until paid, and that proceedings will be taken according to law to collect the installment and interest.
B. In addition to publication of the notice of maturity of installments, the municipality may also notify each owner of land affected by the assessment at his address as shown on the Assessment Record by mailing a postal card directly to the owner reciting the facts contained in the published notice, or by mailing to the owner a copy of the newspaper publication.
Laws 1977, c. 256, § 36-220, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-221. Collection of payments - Bond of clerk - Special fund.

The municipal clerk shall be required to execute a good and sufficient bond, with sureties, and in an amount to be approved by the governing body, payable to the municipality, conditioned for the faithful performance of the duties conferred upon the clerk as collector of the assessments.
The municipal clerk shall keep an accurate account of all assessment collections made by him, and shall pay to the municipal treasurer daily the amounts of the assessments collected by him. The amounts so collected and paid to the municipal treasurer shall constitute a separate, special fund to be used and applied to the payment of the bonds and interest coupons which are issued against the assessments. After the payment of all bonds and interest thereon, any surplus remaining in the fund shall be used for the purpose of repairing and maintaining any improvement for which assessments have been levied, and for no other purpose whatsoever.
Laws 1977, c. 256, § 36-221, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-222. Delinquent installments - Certification to county treasurer - Collection of taxes and penalties.

A. The municipal clerk, after the date of maturity of any installment and interest and no earlier than the first day of July and no later than the tenth day of July of the following year, shall certify the installment and interest then due to the county treasurer of the county in which the assessed property is located. Once certified to the county treasurer, payment may only be made to the county treasurer except as otherwise provided for in this section. At the time of collection the county treasurer shall collect a fee of Five Dollars ($5.00) for each parcel of property and such fee shall be deposited to the general fund of the county. The county treasurer shall place the installment and interest upon the November delinquent tax list of the same year, which is prepared by the county treasurer, and collect the installment and interest as other delinquent taxes are collected. Provided, that no such certification shall be made to the county treasurer unless the town clerk shall have sent a notice of the nature and amount of the assessment by restricted delivery mail on or before June 1 of said year to the last-known address of the owner of the assessed property. The county treasurer shall collect the installments of assessment, together with interest and penalty, as certified to him by the municipal clerk, but any taxpayer shall have the right to pay his ad valorem taxes to the county treasurer regardless of the delinquency of such assessments. Within thirty (30) days after the receipt of a delinquent assessment, interest and penalty, as collected by the county treasurer, the same shall be paid by the county treasurer to the municipal treasurer for disbursement in accordance with the provisions of Section 36-221 of this title. The failure of the municipal clerk to publish notice of the maturing of any installment and interest shall in no way affect the validity of the proceedings to collect the same under the provisions of this section. All payments to the municipal treasurer on account of such assessments shall be certified by him to the municipal clerk for crediting on the Street Assessment Record.
B. All penalties for delinquent taxes, including penalties on special assessments and the interest of bonds for paving or other special assessment bonds, over and above the amount specified on the face thereof, shall be the property of the municipality and shall be collected by the county treasurer, it being the intent of this provision to have such penalties go to the street repair fund of the municipality.
Added by Laws 1977, c. 256, § 36-222, eff. July 1, 1978. Amended by Laws 1978, c. 196, § 1, eff. July 1, 1978; Laws 2000, c. 82, § 4, eff. Nov. 1, 2000.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-223. Setting aside assessments - Limitation on suits.

No suit may be sustained to set aside any assessment, nor to contest the area of assessment, nor to enjoin the municipal governing body from levying or collecting any assessment, or installment thereof, or interest or penalty thereon, or issuing the bonds, or providing for their payment, or contesting the validity thereof on any ground unless such suit shall be commenced not more than fifteen (15) days after the publication of the ordinance levying assessments. After the fifteen-day period has expired, or after the work has been completed and accepted by the municipality, a suit may be brought only for the failure of the governing body to adopt and publish the resolution declaring the necessity for the improvements, as provided in Sections 36-204 and 36-205 of this title, or for the failure to give notice of the hearing on the assessment roll, as provided in Section 36-214 of this title. If any special assessment shall be found to be invalid or insufficient, in whole or in part, for any reason whatever, the governing body at any time, in the manner provided for levying an original assessment, may proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment.
Laws 1977, c. 256, § 36-223, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-224. Accepting improvements.

Upon the completion of the improvement, the municipal governing body shall determine whether or not the work has been completed in accordance with the plans, profiles, specifications and contract therefor. If the governing body finds the work to be in compliance, it shall accept the same. When the work is so accepted, the action shall be conclusively binding upon all persons interested and upon the court.
Laws 1977, c. 256, § 36-224, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-225. Replacement bonds - Repairs.

Upon acceptance of the improvements and before the final payment of the contract price, the governing body shall require the contractor performing the work to make and execute a good and sufficient surety bond, or deposit sufficient securities or obligations of the United State of America or of the State of Oklahoma or some municipal subdivision thereof, to be approved by the governing body in the sum as determined by the governing body, but in no case to be less than ten percent (10%) of the contract price. The bond shall be conditioned for the immediate reimbursement to the municipality by the contractor for the maintenance of the improvements against any failure due to defective workmanship or materials for a period of three (3) years from the time of its completion and acceptance. Whenever any repairs of the improvements due to defective workmanship or materials are deemed necessary by the governing body, they shall order the same to be made under the supervision of the municipal engineer and the costs thereof certified to by the engineer. When such repairs have been approved by the governing body, the contractor and his bondsmen shall be notified of the amount expended and shall immediately become liable therefor.
Laws 1977, c. 256, § 36-225, eff. July 1, 1978. d
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-226. Renewing improvements.

If the municipal governing body shall deem it necessary to pave, construct, macadamize, chat or gravel, curb, gutter, drain, or otherwise improve any street, avenue, alley, lane or any part thereof, which shall have been heretofore paved, constructed, macadamized, curbed, guttered, drained, or otherwise improved, the improvement is authorized to be done in accordance with the procedures on street improvements. In such case, the provisions of Sections 36-201 through 36-312 of this title for making improvements and levying assessments therefor and the issuance of bonds shall apply.
Laws 1977, c. 256, § 36-226, eff. July 1, 1978.