reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1103. Board of directors - Appointment and tenure - Qualifications - Vacancies - Removal - Officers - Compensation.

(a) A port authority created in accordance with this act shall be governed by a board of directors. Members of a board of directors of a port authority created by the exclusive action of a municipal corporation shall consist of the number of members it deems necessary and be appointed by the mayor with the advice and consent of the council. Members of a board of directors of a port authority created by the exclusive action of a county shall consist of such members as it deems necessary and be appointed by the county commissioners of such county. Members of a board of directors of a port authority created by a combination of political subdivisions shall be divided among such political subdivisions in such proportions as such political subdivisions may agree and appointed in the same manner as this section provides for their appointment when such political subdivision creates its own port authority. When a port authority is created by a combination of political subdivisions, the number of directors composing the board shall be determined by agreement between such political subdivisions. The appointing body may at any time remove a director appointed by it for misfeasance, nonfeasance, or malfeasance in office.
(b) Each director shall have been a qualified elector in the political subdivision from which he is appointed for a period of at least three (3) years next preceding his appointment.
(c) The directors of any port authority first appointed shall serve staggered terms. Thereafter each successor shall serve for a term of four (4) years, except that any person appointed to fill a vacancy shall be appointed to only the unexpired term and any director shall be eligible for reappointment, and no director shall be removed except for cause, and if removed shall have the right of appeal to the district court of the county from which he was appointed.
(d) The directors shall elect one of their membership as chairman and another as vice-chairman, and shall designate their terms of office, and shall appoint a secretary who need not be a director. A majority of the board of directors shall constitute a quorum, the affirmative vote of which shall be necessary for any action taken by the port authority. No vacancy in the membership of the board shall impair the rights of a quorum to exercise all the rights and perform all the duties of the port authority.
(e) Each member of the board of directors of a port authority shall be entitled to receive from the port authority such sum of money as the board of directors may determine as compensation for his service as director and reimbursement for his reasonable expenses in the performance of his duties.
Laws 1959, p. 391, § 3, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1104. Employees.

A port authority created in accordance with Section 2 shall employ and fix the qualifications, duties, and compensation of such employees and professional help as it may require to conduct the business of the port and may appoint an advisory board which shall serve without compensation. Any employee may be suspended or dismissed, and the services of professional help may be terminated at any time by the port authority.
Added by Laws 1959, p. 392, § 4, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1105. Area of jurisdiction.

The area of jurisdiction of a port authority created in accordance with Section 2 of this act shall include all of the territory of the political subdivision or subdivisions creating it, together with any other property outside of said subdivision or subdivisions conveyed to it, or over which it exercises control pursuant to Section 6(a) of this act, or pursuant to the right of eminent domain set forth in Section 6(e) of this act, provided that in no case shall the same area be included in more than one port authority, but the jurisdiction of the port authority first attaching shall be exclusive unless the first attaching shall cede or convey to another.
Laws 1959, p. 392, § 5, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1105.1. Regulation of vehicles within area of jurisdiction - Rules - Enforcement.

A. The board of directors of a port authority shall have the authority to establish rules for the regulation of the use of vehicles within the real property under its direct control of the port authority. The rules shall be consistent with the laws of this state governing the operation of vehicles on public streets and highways. Penalties for violation of these rules shall be no greater than the penalties for the same or similar violations of state law. The rules may include, but need not be limited to, the following:
1. The operation of vehicles within the jurisdiction of the port authority including, but not limited to, speed, stopping, and parking; and
2. The type, size, and weight of vehicles which may be operated within the jurisdiction of the port authority.
B. The rules of the board of directors promulgated pursuant to this subsection including any amendments shall be filed with the county clerk and court clerk of each county in which the port authority is located at least thirty (30) days prior to becoming effective. Copies of the regulations shall be furnished to any person desiring to travel within the jurisdiction of the port authority upon request without charge.
C. The port authority shall post appropriate permanent signs at every entrance to the jurisdiction of the port authority indicating that the use of vehicles within the jurisdiction is subject to the rules of the port authority. The port authority shall also post appropriate permanent traffic control signs or devices including, but not limited to, stop signs and speed limit signs. Such signs shall be the same as or similar to signs used by the Oklahoma Department of Transportation for the same or similar purposes.
D. Rules adopted by the port authority pursuant to this section shall be enforced by the Oklahoma Highway Patrol.
E. The district court of the county in which the headquarters of the port authority is located shall have jurisdiction to hear and determine violations of the rules of the port authority in the same manner as the same or similar violations of state law. Appeals from decisions of the district court in cases involving violations of the rules of the port authority promulgated pursuant to this section shall be to the Court of Criminal Appeals in the same manner as the same or similar violations of state law.
F. Nothing in this section shall be construed to alter or prevent any concurrent or overlapping jurisdiction by other law enforcement agencies or courts.
Added by Laws 1995, c. 157, § 1, emerg. eff. May 2, 1995.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1107. Plan for future development, construction and improvement.

The board of directors of a port authority shall prepare or cause to be prepared a plan for the future development, construction, and improvement of the port and its facilities, including such maps, profiles, and other data and descriptions as may be necessary to set forth the location and character of the work to be undertaken by the port authority. Upon the completion of such plan the board of directors shall cause notice by publication as provided in Section 1 of this act to be given in each county in which there is a political subdivision participating in the creation of the port authority, and shall likewise cause notice to be served upon the owners of the uplands contiguous to any submerged lands affected by such plan in the manner provided by law for the service of notice in the levy of special assessments by municipal corporations, and shall permit the inspection thereof at their office by all persons interested. Said notice shall fix the time and place for the hearing of all objections to said plan, which shall be not less than thirty (30) nor more than sixty (60) days after the last publication of said notice and after service of notice upon the owners of such uplands. Any interested person may file written objections to such plan, provided such objections are filed with the secretary of the board of directors at his office not less than five (5) days prior to the date fixed for said hearing. After said hearing the board of directors may adopt such plan with any modifications or amendments thereto as the official plan of the port authority.
Laws 1959, p. 393, § 7, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1108. Modification, amendment or extension of plan.

The board of directors shall, from time to time after the adoption of said official plan, have the power to modify, amend or extend the same, provided that upon the making of any such modification, amendment or extension thereof, the board of directors shall cause notice to be given and shall conduct a hearing, all as provided in Section 7 of this act, and shall not adopt any modification, amendment, or extension until the notice has been given and hearing held as herein provided.
Laws 1959, p. 393, § 8, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1109. Conclusiveness and validity of plan.

The plan and any modification, amendment or extension thereof, when adopted by the board of directors after notice and hearing, shall be final and conclusive and its validity shall be conclusively presumed.
Added by Laws 1959, p. 394, § 9, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1110. Participation of private enterprise.

The port authority shall foster and encourage the participation of private enterprise in the development of the port facilities to the fullest extent it deems practicable in the interest of limiting the necessity of construction and operation of such facilities by the port authority. For this purpose the port authority may upon a written request by any person, partnership, or corporation, filed with the secretary of the board of directors within thirty (30) days following the journalization of the order of the adoption of an official plan as provided in Sections 1107 and 1108 of this title, submit a proposal to provide, operate, and maintain any facility included in such plan, by publication of and invitation for bids therefor based upon specifications prepared by the board of directors.
The board of directors may accept the bid of the person, partnership, or corporation it deems best qualified by financial responsibility and business experience to construct and operate such facility or facilities in accordance with its official plan.
Added by Laws 1959, p. 394, § 10, emerg. eff. July 15, 1959. Amended by Laws 1971, c. 335, § 2, emerg. eff. June 17, 1971.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1111. Prohibitions.

Nothing contained in Sections 1 to 14, inclusive, of this act shall:
(a) Impair the provisions of law or ordinance directing the payment of revenues derived from public property into sinking funds or dedicating such revenues to specific purposes;
(b) Enlarge, alter, diminish, or affect in any way, any lease or conveyance made, or action taken prior to the creation of a port authority by any municipal corporation, or by any county;
(c) Impair or interfere with the exercise of any permit for the removal of sand or gravel, or other similar permits issued by this state or the United States.
Laws 1959, p. 394, § 11, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1112. Bids.

A. Public construction contracts as such term is defined by the Public Competitive Bidding Act of 1974 and executed by a port authority created pursuant to Section 1102 of this title shall be subject to the Public Competitive Bidding Act of 1974.
B. 1. Except as otherwise provided by subsection C of this section, no sale of any real property or personal property having a fair market value exceeding the public construction contract amount specified by the Public Competitive Bidding Act of 1974 shall be made by the port authority unless notice calling for bids for the contract has been given by publication as provided by Section 1101 of this title.
2. No sale of real property or personal property shall be made except to the highest responsible bidder.
3. In the case of any sale of land by the port authority requiring competitive bids, specifications for the bids for the sale shall be in such form and detail as is determined by the port authority. Provided, however, if the port authority finds that an immediate emergency exists, which findings shall be entered in the minutes of the port authority, by reason of which an expenditure in an amount exceeding the public construction contract amount specified by the Public Competitive Bidding Act of 1974 is necessary in order to avoid loss of life, substantial damage to property, or damage to the public peace or safety, then such contracts may be executed without public notice or competitive bids.
C. Competitive bids shall not be required for the sale of real property or personal property by a port authority if:
1. The real property or personal property is to be sold for industrial development purposes;
2. The real property or personal property was acquired by the port authority for industrial development purposes; and
3. The contract for the sale of the real property or personal property has been approved by the board of directors of such port authority.
D. Every public construction contract or contract for the sale of real property or personal property shall be executed in writing. If the public construction contract involves work or construction, the contract shall be accompanied by or shall refer to plans and specifications for the work to be done, prepared for and approved by the port authority, signed by the chairman of the port authority and by the contractor, and shall be executed in triplicate.
Added by Laws 1959, p. 394, § 12, emerg. eff. July 15, 1959. Amended by Laws 1968, c. 239, § 1; Laws 1989, c. 123, § 1, eff. Nov. 1, 1989; Laws 1992, c. 193, § 1, emerg. eff. May 11, 1992; Laws 1994, c. 123, § 1, emerg. eff. May 2, 1994; Laws 2000, c. 192, § 1, eff. July 1, 2000; Laws 2003, c. 305, § 4, emerg. eff. May 28, 2003.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1113. Budget - Disposition of rents and charges.

(a) The board of directors of a port authority created in accordance with Section 2 of this Act shall annually prepare a budget for the port authority.
(b) Rents and charges received by the port authority shall be used for the general expenses of the port authority and to pay interest, amortization, and retirement charges on money borrowed. If there remains, at the end of any calendar year, any surplus of such funds after providing for the above uses, the board of directors may pay such surplus into the general funds of the political subdivisions creating and comprising the port authority in proportion to the taxable value of all property within the port authority which shall be listed on the general tax lists for the respective subdivisions.
Added by Laws 1959, p. 394, § 13, emerg. eff. July 15, 1959.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1114. Bond of secretary - Deposit of funds - Disbursements.

Before receiving any monies, the secretary of a port authority created in accordance with Section 1102 of this title shall furnish bond in such amount as shall be determined by the port authority, with sureties satisfactory to it, and all funds coming into the hands of said secretary shall be deposited by the secretary to the account of the port authority in one or more such depositories as shall be qualified to receive deposits of state or county funds, which deposits shall be secured in the same manner as county funds are required to be secured. No disbursements shall be made from such funds except in accordance with rules adopted by the port authority. Such rules, adopted in accordance with the provisions of the Administrative Procedures Act, shall require substantially the same financial accounting procedures as required by the State Treasurer for state funds under control of the Office of State Treasurer.
Laws 1959, p. 394, § 14, emerg. eff. July 15, 1959; Laws 2011, c. 263, § 2.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1121. Authorization for port authority to borrow money and issue bonds.

For the purpose of paying all or any part of the cost of acquiring land or interests therein, and the cost of constructing, acquiring, equipping, and furnishing buildings, structures, plants, docks, wharves, warehouses, piers and other port, terminal and transportation facilities, or any part thereof; including additions, improvements, relocations, renovations, extensions and modifications thereof, (all of which as are included in single project are hereafter referred to in this act as "facility or facilities"), a port authority created pursuant to 82 O.S.1961, Section 1102, is authorized to borrow money upon credit of the income and revenues to be derived from the operation of such facilities, together with any other available income and revenues from other revenue-producing facilities of such port authority, and to issue negotiable bonds of such port authority in such amount as the board of directors of the port authority shall deem necessary for the purpose; and to provide for payment of such bonds and rights of holders thereof as herein provided.
Laws 1963, c. 314, § 1, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1122. Terms, maturities, form, etc. of bonds.

Bonds authorized by this act may be issued in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty (40) years from their date, may be in such denominations and in such form, either coupon or registered, may carry such registration and conversion privileges, may be executed in such manner, may be payable in such medium of payment at such place or places, may be subject to such terms of redemption with or without premium, and may bear such rate of interest, not exceeding five percent (5%) per annum, as may be provided by official resolution of the board of directors of such port authority.
Such bonds may be sold in such manner and at such price or prices, not less than par plus accrued interest to date of delivery, as provided in Section 13 of this act, but interest cost to maturity for bonds issued hereunder shall not exceed five percent (5%) per annum, computed on the basis of average maturities according to standard tables of bond values.
Laws 1963, c. 314, § 2, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1123. Bonds issued pursuant to loan or purchase agreement with United States Government.

In the event any issue or series of bonds is issued under authority of this act pursuant to a loan agreement or bond purchase agreement with any agency of the United States Government, then and in that event, notwithstanding any other provision of law, the board of directors of the port authority may in any resolution authorizing bonds hereunder provide for the initial issuance of one or more bonds (in this section called "bond") aggregating the amount of the entire issue; and may make such provision for installment payments of the principal amount of any such bond as it may consider desirable; and may provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the endorsing of payments of interest on such bond. The board of directors of the port authority may further make provision in any such resolution for the manner and circumstances under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal or principal and interest.
Laws 1963, c. 314, § 3, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1124. Exemption from taxation - One bond issue for more than one project or facility - Payment from combined revenues.

Bonds issued hereunder shall not be subject to taxation by the State of Oklahoma, or by any county, municipality or political subdivision thereof. The board of directors of a port authority may in its discretion authorize one issue of bonds hereunder for the acquisition, construction, relocation, improvement, extension, addition, furnishing or equipping of more than one building, structure, project or facility, as herein defined, and may make said bonds payable from the combined revenues of all such buildings and facilities so constructed, acquired, improved, extended, furnished or equipped, in whole or in part, with the proceeds of such bonds; together with revenues from the operation of any existing revenue-producing buildings or facilities. If more than one series of bonds shall be issued hereunder, payable from the revenues of such buildings and facilities, priority of lien thereof as to such revenues shall be as prescribed by proceedings authorizing the issuance of such respective bond issues. It shall be within the discretion of the board of directors of such port authority at the time the first series of bonds is authorized, to provide that subsequent series of bonds payable from the same revenues, in whole or in part, shall not be issued; or that subsequent series of bonds shall be subordinate as to lien; or that subsequent series of bonds shall enjoy parity of lien upon such conditions and restrictions as are specified therein.
Laws 1963, c. 314, § 4, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1125. Refunding bonds.

The board of directors of a port authority may issue bonds hereunder for the purpose of refunding any bonds or other obligations of the port authority theretofore issued pursuant to this act; or it may authorize a single issue of bonds hereunder for the purpose in part of refunding such previous obligations and in part for the making of additions, improvements and extensions to such buildings and facilities, or the construction and acquisition of additional buildings and facilities, and furnishing and equipping thereof.
Where bonds are issued under this paragraph solely for refunding purposes, such bonds either may be sold as provided in Section 13 of this act or may be exchanged for outstanding obligations. If sold, the proceeds either may be applied to payment of obligations refunded or may be deposited in escrow for the retirement thereof. All refunding bonds issued under this section shall in all respects be authorized, issued and secured in the manner provided for other bonds issued under this act and shall have all attributes of such bonds. The board of directors may provide that any such refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was provided for obligations refunded thereby.
Laws 1963, c. 314, § 5, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1126. Bonds as special obligation of port authority concerned.

No provision of this act shall be construed to authorize the pledge or use of any appropriated funds of the State of Oklahoma, or any ad valorem tax revenues or any other tax revenues, for the payment or security of any bonds issued pursuant to this act. No bonds issued under provisions of this act shall ever become a debt or obligation of the State of Oklahoma, nor shall the faith and credit of the State of Oklahoma be pledged in whole or in part, directly or indirectly, for the payment of such bonds, or interest thereon. Bonds issued under this act shall not be an indebtedness of any county or counties, or any municipal corporation or municipal corporations, which shall have created or joined in the formation of the port authority issuing the same. All bonds issued pursuant to this act shall be special obligations of the port authority concerned, payable solely from the revenues of the buildings and facilities referred to therein. Such bonds shall contain on the face thereof a statement to the effect that neither the state, nor any county or municipal corporation concerned shall be obligated to pay the same, or the interest thereon, except from revenues of such facilities; and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged or may hereafter be pledged to the payment of principal of or interest on such bonds.
Laws 1963, c. 314, § 6, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1128. Agreements or contracts with United States.

The board of directors of a port authority may enter into any agreement or contract with the United States of America or any agency or instrumentality thereof which it may consider advisable or necessary in order to obtain a grant of funds, a contract for purchase of its bonds, or any other aid or assistance in connection with the construction, addition, furnishing and equipping of any building or facility as herein defined.
Laws 1963, c. 314, § 8, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1129. Segregation and use of proceeds from bond sales - Construction contracts.

The proceeds to be derived from the sale of bonds herein authorized shall be segregated and used solely for the purpose for which the bonds are authorized. The board of directors of a port authority is authorized to make any contracts and execute all instruments which in its discretion may be deemed necessary or advisable to provide for the construction, furnishing and equipping of any building or facility as herein defined.
Laws 1963, c. 314, § 9, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1130. Approval of bonds by Attorney General - Incontestablility.

All bonds issued hereunder shall contain the certificate required by Article 10, Section 29 of the Constitution of Oklahoma. Such bonds shall be submitted to the Attorney General of Oklahoma for examination, and when such bonds have been examined and certified as legal obligations of the issuing Authority by the Attorney General in accordance with such requirements as he may make, the same shall be incontestable in any court in the State of Oklahoma unless suit thereon shall be brought in a court having jurisdiction thereof within thirty (30) days from the date of such approval.
Laws 1963, c. 314, § 10, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1131. Lawful securities for investments.

Bonds issued under the provisions of this act are hereby made securities in which all banks, trust companies, trust and loan associations, investment companies, and others carrying on a banking business; all insurance companies and insurance agencies and others carrying on an insurance business, may lawfully invest funds, including capital funds, under their control or belonging to them, providing such bonds shall not be used by any depository as security for any county or state funds.
Laws 1963, c. 314, § 11, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1132. Interim notes and conditions of issue.

Whenever the board of directors of a port authority shall have adopted a resolution authorizing the issuance of any series of bonds hereunder and said bonds have been sold but prior to the time as of which the bonds can be delivered, the board of directors of a port authority finds it necessary to borrow money for the purpose for which the bonds were authorized, such board of directors may, by appropriate resolution, authorize the borrowing of money in anticipation of the issuance of the bonds, and the issuance of the note or notes of the board of directors to evidence such borrowing. The amount so borrowed shall not exceed the principal amount of the bonds and shall not bear interest at a rate exceeding the average interest rate of the bonds. Such note or notes shall be signed in the manner prescribed by the board of directors and shall be made payable at such time or times as the board of directors may prescribe, not later than one (1) year from their respective dates and may be renewed from time to time by the issuance of new notes hereunder. The proceeds of any loan made under this section shall be devoted exclusively to the purpose for which the bonds shall have been authorized and the note or notes and the interest thereon shall be paid with the proceeds of the bonds simultaneously with the delivery of the bonds. If for any reason the bonds shall not be issued, the holder or holders of the notes shall be entitled to all rights which would have been enjoyed by the holders of the bonds had they been issued; and the notes shall be paid from the revenues provided for the payment of the bonds, and shall be entitled to the benefit of all covenants, agreements and rights appearing in the resolution authorizing the bonds for the benefit of the bonds.
Laws 1963, c. 314, § 12, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1133. Public bids for bonds sold.

All bonds sold hereunder shall be awarded to the best bidder, based upon an open competitive public offering. Notice of sale of such bonds shall be advertised at least fourteen (14) days in advance of the time of receiving bids and said notice shall appear at least once a week for two (2) successive weeks in a newspaper of general circulation in the county where the principal office of the port authority is located. No bonds shall be sold for less than par value.
Added by Laws 1963, c. 314, § 13, emerg. eff. June 19, 1963. Amended by Laws 2000, c. 192, § 2, eff. July 1, 2000.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1134. Trustees - Oath of office - Fidelity bond.

Any trustee, as provided herein, first shall take the oath of office required of an elected public officer and shall be under a good and sufficient fidelity bond, to be approved by the Attorney General, in a surety company authorized to transact surety business in the State of Oklahoma. The cost of said bond shall be paid from funds of the revenue bonds. The oaths of office shall be administered by any person authorized to administer oaths in the State of Oklahoma.
Added by Laws 1963, c. 314, § 14, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1135. Meetings and records of authority open to public.

After the effective date of this act, meetings of an organized port authority shall be open to the public to the same extent as is required by law of other public boards and commissions. All records of said authority shall be public records and shall be kept in a place, the location of which shall be listed in the office of the county clerk of each county wherein any revenue board authorized by them hereunder shall be recorded.
Laws 1963, c. 314, § 15, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1136. Limitation on liability of trustee or beneficiary.

No trustee or beneficiary shall be charged with any liability whatsoever by reason of any act or omission committed or suffered in the performance of such trust or in the operation of the trust property, except for willful or grossly negligent breach of trust; provided, however, any act, liability for any omission, or obligation of a trustee or trustees, in the execution of such trust, or in the operation of the trust property, shall extend to the whole of the trust estate or so much thereof as may be necessary to discharge such liability or obligation and not otherwise.
Laws 1963, c. 314, § 16, emerg. eff. June 19, 1963.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1141. McClellan-Kerr Arkansas River Navigation System Infrastructure Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Transportation to be designated the "McClellan-Kerr Arkansas River Navigation System Infrastructure Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, for the purpose of pooling all monies received by the Oklahoma Department of Transportation from appropriations, dedicated revenues, federal funds, private contributions or other sources authorized by law dedicated to the McClellan-Kerr Arkansas River Navigation System (MKARNS). All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Transportation upon a recommendation by the Waterways Advisory Board of the Oklahoma Department of Transportation and upon consultation with all Native American tribes with an ownership interest in the Arkansas riverbed for the purpose of repairing or constructing assets which are part of the MKARNS located in the State of Oklahoma which are essential to the safe and efficient operation of such system and may also be used to match federal grants and awards associated with channel improvements of the MKARNS, whether due to natural disasters, emergency conditions, operations and maintenance needs or construction projects. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2019, c. 367, § 1, eff. July 1, 2019.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1267. Purpose of district - Activities.

Public regional water districts may be organized under this act for the purpose of engaging in the following activities:
1. Acquiring water rights or acquiring and developing water facilities or any interest therein, from any and all available sources, and storing water in reservoirs or other storage facilities;
2. Purifying, treating and processing water;
3. Furnishing water to public agencies and persons desiring the same;
4. Transporting and delivering water to public agencies and persons who are furnished water by the district;
5. Disposing of, processing, treating or transporting sewage or wastewater or acquiring and developing sewage facilities or any interest therein; and
6. Engaging in such activities and projects deemed necessary by the district tocarry out the purposes of this act, including acquisition, planning, purchase, construction, lease, operation, maintenance, improvement, repair and extension of water facilities or sewage facilities, or the provision of administrative and support services to public agencies which are signatories to the interlocal agreement creating the district.
Amended by Laws 1985, c. 353, § 2, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1273. Right of aggrieved persons to petition district court.

Any person aggrieved by the service furnished or rates charged by said water district shall have the right to petition said grievance from the decision or action of said water district, to the district court wherein said water district was formed, and upon said petition being filed, the district court shall hear the petition de novo, and is empowered to make such orders as may be necessary and proper.
Added by Laws 1972, c. 249, § 8.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1274. Exemption from taxes and assessments.

Districts formed hereunder shall be exempt from all excise taxes of whatsoever kind or nature, and further, shall be exempt from payment of assessments in any general or special taxing district levied upon the property of the district, whether real, personal or mixed. Any and all obligations, securities and evidences of indebtedness issued by a district formed pursuant to this act shall be exempt from all inheritance or death taxes, and the income interest and capital gains thereon shall not be subject to the income tax laws of this state. Persons owning or holding the obligations, securities and evidences of indebtedness or their heirs, devisees, successors or assigns shall not be required to pay to the State of Oklahoma income tax upon the profits and capital gains upon the obligations, securities and evidences of indebtedness.
Added by Laws 1972, c. 249, § 9. Amended by Laws 1985, c. 353, § 5, eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1275. Rates and charges - Disposition of revenues.

A. Districts formed pursuant to this act shall be operated without profit, but the rates, revenues, fees, rents or other charges for water or sewage services or facilities, supplies, equipment or other services furnished by the water district shall be sufficient at all times:
1. To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its affairs and the principal of and interest on the obligations issued or assumed by the district in the performance of the purposes for which it was organized; and
2. For the creation of adequate reserves.
B. The revenues of the district shall be devoted, first, to the payment of operating and maintenance expenses and the principal and interest on outstanding current obligations, and, thereafter, to such reserves for additional improvements, new construction, depreciation and contingencies as the board of directors may from time to time prescribe.
C. Revenues not required for the purposes set forth in subsection B of this section shall be returned from time to time to the customers or public agency members of the district on a pro rata basis, according to the amount of business done with each customer or public agency member during the period for which such return is made, either in cash, in abatement of current charges for water, or otherwise as the board determines; such return may be made by way of a general rate reduction to customers or public agency members if the board so elects.
Added by Laws 1972, c. 249, § 10. Amended by Laws 1985, c. 353, § 6, eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1276. Annexation of additional territory.

Additional territory may be annexed to and embraced by a district established and operating under this act by the addition of new public agencies as members of the interlocal agreement, and appropriate amendment and, without further review by any agency or office, filing as required by Section 1005 of Title 74 of the Oklahoma Statutes.
Added by Laws 1972, c. 249, § 11. Amended by Laws 1985, c. 353, § 7, eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1277. Annual written report.

Within sixty (60) days after the close of each calendar year any water district organized and in operation under this act shall make a written report to the Oklahoma Water Resources Board at its office and shall include the following:
1. The total volume of water contracted for from the reservoir or reservoirs located within the district. Measurement may be made either in gallons or acre-feet, whichever is most convenient to the district.
2. A complete report of the finances, assets and liabilities of the district.
3. Any other information that the Board may require from time to time which will be helpful to it in assisting said district in the development of industry to utilize the water available for beneficial use.
Added by Laws 1972, c. 249, § 12.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1279. Inactive districts.

If a district is inactive, the judge of the district court for the county in which fifty percent (50%) or more of the real property of the district is located may designate a board of directors who shall act with the same authority in dissolving the district as if they had been appointed members of the district pursuant to Section 1268 of this title.
Added by Laws 1972, c. 249, § 14. Amended by Laws 1985, c. 353, § 17, eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1280. District property.

The district shall hold title to its property in its corporate name for the uses and purposes of the district. The formation of a district shall not transfer water rights to the district. Any district which contracts with the State of Oklahoma or the United States may convey district property, with or without consideration, if such property is needed by the State of Oklahoma or the United States in connection with the construction, operation or maintenance of a project similar in purpose to that for which the district was organized.
Added by Laws 1972, c. 249, § 15.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1281. Conflict of interest.

Except for contracts of employment, directors and employees shall not have a financial interest, directly or indirectly, in any contract entered into by the district. Directors and employees shall not receive any bonus, gratuity or bribe. They shall not spend funds of the district, directly or indirectly, for political purposes or political educational purposes, shall not engage in political campaigns in the name of the district, and shall not permit any property of the district to be used for any such purpose. Any violation of this section shall be a felony and shall work a forfeiture of office or employment and shall be punishable by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the State Penitentiary not exceeding five (5) years, or both.
Added by Laws 1972, c. 249, § 16. Amended by Laws 1985, c. 353, § 8, emerg. eff. July 30, 1985; Laws 1997, c. 133, § 596, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 432, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 596 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1282. Joining and withdrawing from district - Consent to provide certain services - Purchase of certain facilities.

A. Once a district has been organized under this act, any one or more public agencies not joining in the original organization agreement may subsequently join the district by becoming a signatory to the interlocal agreement. A public agency, by act of its governing body, may withdraw from a district after it is organized; however, such withdrawal shall not impair the rights of the district or other person in any contract, pledge of revenues or other financial obligation to which the public agency is a party. Such withdrawal may only be permitted by the board if rights of the district, other public agency members and holders of any obligations, contractual or otherwise, can be adequately protected by the authority or any settlement agreed upon with the withdrawing public agency.
B. A district may not provide water, sewage or any other services to an existing public agency or to persons within the geographic boundaries of an existing public agency which provides water or sewage services without the consent of the public agency, which consent shall be given by action of its governing body. In case of annexation of district territory by a municipality which is not a member of the district, the municipality may purchase at the appraised value the district's water and sewage facilities except those facilities necessary for the operation of the remainder of the district.
Added by Laws 1985, c. 353, § 9, emerg. eff. July 30, 1985.
2023 Oklahoma Statutes › Title 82. Waters and Water Rights › §82-1283. Contracts and agreement for purchase of district services or products.

A. In order to accomplish the purposes of this act, any public agency, subject to any applicable restrictions of Article X, Sections 17, 26 and 27 of the Constitution of the State of Oklahoma, may enter into and carry out contracts and agreements for the purchase from the district of water, sewage and any other services or products of the district.
B. Each such contract and agreement for the provision of water, sewer or any other services to an existing public agency shall be for such period and shall contain such other terms, conditions and provisions, not inconsistent with the provisions of this act, as the board of directors shall approve.
C. Each such contract and agreement may be pledged by the district to secure its obligations and may provide that if one or more public agencies defaults in the payment of its obligations under such contract and agreement, the remaining public agencies having such contracts and agreements shall be required to pay for and shall be entitled proportionately to use or otherwise dispose of the products and services which were to be purchased by the defaulting public agency.
D. Each such contract and agreement shall be a limited obligation of a public agency payable from and may be secured by a pledge of and lien and charge upon, all or any part of the revenue derived or to be derived from the ownership and operation of its own water or sewage facility or system and, if so provided in such contract or agreement, shall be an expense of operation and maintenance thereof and shall not constitute an indebtedness of the public agency for the purpose of any statutory limitation.
E. Nothing in this act shall be construed to preclude a public agency from appropriating and using revenues received in any year to make payments due or to comply with covenants to be performed during that year under any contract or agreement entered into as contemplated in this act.
F. Any such contract or agreement may include provisions for the sale of services of a particular project or activity or for the sale of services generally without regard to a specific project or activity, or for the supply of a specific quantity of water or other specific services, or a percentage thereof, or for the supply of water or other services based upon the requirements of the purchaser and on such other items and conditions as the board of directors and the contracting or agreeing party deem appropriate.
G. In the event of any failure or refusal on the part of the public agency to perform punctually any covenant or obligation contained in any such contract, the district may enforce performance by any legal or equitable process, including specific performance.
Added by Laws 1985, c. 353, § 10, emerg. eff. July 30, 1985.