reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-109. Water charges - Enforcement.

The municipal governing body shall fix the water charges to be paid by the consumer and provide by ordinance for appropriate penalties for the violation thereof as the governing body may deem proper for the regulation and protection of the waterworks.
Laws 1977, c. 256, § 37-109, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-110. Establishing water districts - Regulations to protect water supply.

The governing body of any municipality securing its water supply from a stream or reservoir located outside of its corporate limits may designate by ordinance a district to be known as a water district. The water district shall be designated by metes and bounds and may embrace any lands, directly or indirectly flowing or shedding water into any such stream or reservoir as the governing body ordains. The governing body may adopt and enforce any rules promulgated by the Board of Environmental Quality for the protection of any such water supply.
Laws 1977, c. 256, § 37-110, eff. July 1, 1978; Laws 1994, c. 353, § 1, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-111. Publication of rules and ordinances affecting water district - Service.

All rules promulgated by the Board of Environmental Quality and adopted by, and all ordinances of, the governing body for the protection of the water supply and establishment of the water district shall be published in the same manner as ordinances. A copy of the ordinances and adopted rules shall be served, as provided by law in civil actions, on each person, firm, association or corporation owning property in the water district, and upon the head of each family residing in the water district. All ordinances and adopted rules shall also be posted in conspicuous places in the water district.
Laws 1977, c. 256, § 37-111, eff. July 1, 1978; Laws 1994, c. 353, § 2, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-112. Making and enforcement of regulations - Expenses.

The making, enforcement and penalties for the violation of any rules and regulations for the protection of the water supply and water district shall be governed in all respects by the provisions of state law on public water supplies and standards. All expenses incident to and connected with the establishment of any water district, and the making and enforcement of any and all rules and regulations for the protection thereof, shall be borne by the municipality and paid as are other claims against the municipality relating to its water supply.
Laws 1977, c. 256, § 37-112, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-113. Highways crossing reservoir sites - Power to close.

Any municipality having acquired possession by purchase, condemnation, gift or otherwise, of a reservoir site for a public water supply may close to travel any section line or public road leading into or through the reservoir site.
Laws 1977, c. 256, § 37-113, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-114. Punishment for injuries to reservoir fences.

It shall be unlawful for any person to cut, damage or otherwise interfere with any fence enclosing any reservoir or other site which supplies any municipality with water. Such unlawful injuries to reservoir fences shall constitute a misdemeanor, and any person found violating the provisions of this section, upon conviction thereof, shall be punished by a fine of not less than Fifty Dollars ($50.00) or by imprisonment in the county jail for not less than thirty (30) days, or by both such fine and imprisonment.
Laws 1977, c. 256, § 37-114, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-115. Pollution of municipal water supply unlawful.

No person, firm, partnership, or corporation, or any of the partners, officers, managers, or employees thereof, shall pollute or permit the pollution of the water supply of a municipality, or any stream, pond, spring, lake, or other water reservoir or groundwater aquifer, which is used or which is being held for use as a water supply by a municipality. A municipality may bring an action in the district court to enjoin any activity that will cause pollution of the water supply of a municipality whether or not such activity is regulated, licensed, or inspected. For the purposes of this section, the term pollution means contamination or other alteration of the physical, chemical, or biological properties of any natural waters of the state, or such discharge of any liquid, gaseous, or solid substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful or detrimental or injurious to the health, safety, or welfare of the general public, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, or fish or other aquatic life.
Amended by Laws 1984, c. 126, § 66, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-116. Action for damages for pollution of municipal water supply.

A municipality shall have a right of action for damages resulting from pollution of its water supply, as provided in Section 37-115 of this title, and the measure of damages shall be the amount which will compensate for the detriment caused thereby, whether it could have been anticipated or not. Where such pollution is continued for a period of six (6) months or more, the injury shall be regarded as permanent.
Laws 1977, c. 256, § 37-116, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-117. Acquiring lands and water for future needs - Sale outside corporate limits no defense.

Any municipality owning and operating or proposing to own and operate a system of waterworks to supply the municipality, and the inhabitants thereof with water may provide for its contemplated future water and waterworks requirements, in advance of its immediate needs. For that purpose the governing body may acquire lands and water both within and without the corporate limits of the municipality and within the State of Oklahoma. Such municipalities are vested with the power of eminent domain for that purpose, such power to be exercised in the manner provided by law for the condemnation of lands by municipalities for waterworks purposes. It shall be no defense against the exercise of such power or eminent domain that the municipality is selling and furnishing water to other municipalities or to persons, firms or corporations without the corporate limits of the municipality.
Laws 1977, c. 256, § 37-117, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-118. Acquisition of title or interest of land or water in adjoining states.

For use in connection with the acquisition, establishment, betterment or expansion, and the maintenance or operation of its municipal waterworks system, any municipality may acquire title to, or any lesser interest in, any lands or water rights, or both, in any state adjoining the State of Oklahoma, which lie within any watershed from which the municipality obtains, or desires to obtain, its municipal water supply. The municipality may acquire any necessary easements or rights-of-way for pipelines to convey water from such water supply to a point or points within the State of Oklahoma, over and across lands not within such watershed, if, and to the extent, and in the manner, permitted by the laws of the adjoining state.
Laws 1977, c. 256, § 37-118, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-119. Contracts for water - Provision for modification of rates - Outside users subject to rationing program of municipality.

A. All contracts for the sale or furnishing of water from a source obtained by or on behalf of a municipality by permit or prior right under state law or by general obligation bonds shall be made in the name of the municipality as provided for by statute or by charter.
B. All such water sold and furnished to persons or public or private entities outside the corporate limits of the municipality shall be sold and furnished upon written contracts which shall provide for an annual review of the municipality's costs and contract modification of rates to permit rates to be increased or decreased to the purchasers as appropriate. Any modification shall be nondiscriminatorily allocated between the municipality's customers and the purchaser. Provided, however, that only those costs that are attributable to maintaining the ability of the municipality to provide water service to the purchaser shall be included in purchaser's rates.
The contracts shall provide that the persons or public or private entities outside the corporate limits of the municipality shall be subject to a rationing program consistent with any rationing program ordered by the municipality.
Added by Laws 1977, c. 256, § 37-119, eff. July 1, 1978. Amended by Laws 1984, c. 126, § 67, eff. Nov. 1, 1984; Laws 1989, c. 74, § 1, operative July 1, 1989; Laws 1991, c. 313, § 2, eff. Sept. 1, 1991; Laws 1994, c. 339, § 1, eff. emerg. June 8, 1994.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-119a. Sale of water outside corporate limits - Failure to implement enterprise accounting system - Liability to purchaser.

Beginning July 1, 1996, if a municipality selling water to persons or public or private entities outside its corporate limits has not implemented an enterprise accounting system to account for the cost of water supply, treatment and delivery to the point of delivery to the purchaser's water system, it shall be liable to the purchaser for the reasonable expenses of such an accounting exceeding the expense which the purchaser would have incurred using an enterprise accounting system.
Added by Laws 1994, c. 339, § 2.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-120. Extension of lines beyond limits - Contracts for furnishing water outside limits.

Any municipality owning or operating its own waterworks plant and every municipality engaged in the distribution of water may extend its lines beyond the corporate limits of such municipality and may acquire, construct, own, maintain and operate all necessary lines, apparatus and equipment, and acquire rights of way, and do all things necessary and proper in carrying on the business and furnishing water to any person, firm, corporation or other municipality beyond the corporate limits of the municipality, to the same extent as it may now do within the corporate limits of the municipality. All water so sold and furnished to persons, firms, corporations and other municipalities beyond and without the corporate limits of the municipality so selling and furnishing the same shall be sold and furnished only under written contracts upon such terms and conditions as may be agreed upon by negotiation between the municipality and such persons, firms, corporations or other municipalities. Nothing herein contained shall be construed to impose any duty or obligation upon any municipality to sell or furnish water to any person, firm, corporation or municipality beyond its corporate limits except as the municipality may expressly undertake by the terms of the written contract.
Laws 1977, c. 256, § 37-120, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-121. Contract or lease for purchase, sale and distribution of water - Extensions.

The municipal governing body may enter into a contract or lease program as a governmental function for the purpose of buying, selling, or distributing water with any nonprofit organization, person, or water development or distribution corporation inside or outside of the municipal limits in areas that the municipality is not supplying or servicing with a source of water at the time that the contract and lease arrangement is made. The annual contracts for sale and purchase of water may be extended from year to year at the option of the contracting parties. All said facilities, contracts, leases, activities, programs, and performance thereof, on behalf of the municipality, shall be governmental in nature.
Amended by Laws 1984, c. 126, § 68, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-122. Contract with United States - Provisions authorized - Validation of existing contracts.

Any municipal governing body, or any agency, instrumentality or public trust of which a municipality is beneficiary thereof, or appropriate board or commission subject to the approval of the municipal governing body, may enter into and do every act necessary to carry out a contract with the United States of America or agency thereof for furnishing a municipal water supply to the municipality, all upon such terms as to use of water, payment therefor, and other conditions as may be agreed upon between the United States or agency thereof and the municipal governing body or any agency, instrumentality or public trust of which a municipality is beneficiary thereof. Incident to procuring a municipal water supply in the manner provided herein, any contract authorized by this section may provide for, but is not limited to, either or both of the following:
1. The replacement or exchange of water or water rights; or
2. The transfer or conveyance by the municipality to the United States of water, water rights, dams, easements or real or personal property of any kind whatsoever needed by the United States in connection with the construction or operation and maintenance of any such irrigation project.
Any contract authorized by this section, heretofore entered into by any municipality, is hereby ratified, validated and confirmed.
Laws 1977, c. 256, § 37-122, eff. July 1, 1978; Laws 1980, c. 90, § 1.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-123. Use of water outside corporate limits for park purposes.

Any municipality owning and operating waterworks or water plants for the purpose of supplying the municipality and the inhabitants thereof with water may make use of such water for park or other public purposes without the corporate limits of the municipality.
Laws 1977, c. 256, § 37-123, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-124. Joint construction and operation of waterworks - Election.

Any municipality may conduct an election, in the manner provided by law for municipal elections, for the purpose of securing approval of the registered voters within its corporate limits to enter into a contract with any other municipality to finance the construction, maintenance, control and operation of waterworks necessary to provide such municipalities with an adequate supply of water for public purposes.
Laws 1977, c. 256, § 37-124, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-125. Joint financing of waterworks.

Waterworks which are jointly constructed, maintained, controlled or operated by two or more municipalities may be financed by the issue and sale of bonds and collection of water charges, as provided in Sections 37-106 through 37-109 of this title. The governing bodies of such municipalities are hereby specifically authorized to enter into agreement and contract as to the amount of each municipality's indebtedness and proportionate share of cost of construction, maintenance, control and operation of any waterworks jointly acquired under the provisions of Section 37-124 of this title; provided that in all cases where a proposition is submitted to the registered voters of any municipality for the voting of bonds to defray costs of such a joint contract, the election notice and ballot shall so state.
Laws 1977, c. 256, § 37-125, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-126. Joint construction deemed supplemental.

The provisions of Sections 37-124 and 37-125 of this title, authorizing the joint construction and financing of waterworks and water supplies, shall be deemed to provide an additional and alternative method for doing the things authorized thereby, and shall be construed as supplemental and additional to all other powers granted by law.
Laws 1977, c. 256, § 37-126, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-127. Municipalities outside Oklahoma - Purchase of lands for water in Oklahoma.

An incorporated municipality of a state adjoining the State of Oklahoma is hereby granted permission, if authorized or empowered by the laws of such adjoining state to do so, to acquire by purchase from a private corporation which may be furnishing water to water users in the municipality, or which may be furnishing water to the municipality for resale to water users therein, the title to, or lesser interest in, lands that the private corporation owns in the State of Oklahoma. The municipality may also acquire any easements or rights-of-way then owned by such corporation over and across other lands within the State of Oklahoma necessary for pipelines to convey water from a reservoir to a point or points outside the State of Oklahoma. Such lands, easements and rights-of-way acquired by the municipality may be used in connection with, but only used in connection with, the establishment, betterment or expansion of a municipally-owned water supply or system; the necessary protection of the water supply from pollution; or the maintenance and operation of the municipally-owned water supply or system. The municipality may continue to hold lands, easements and rights-of-way so acquired as long as the same are so used. In order to transfer or convey any of its interests in Oklahoma lands, the private corporation shall have owned the title to, or any lesser interest in, lands within the State of Oklahoma as of April 25, 1957, upon which is located, in whole or in part, a reservoir from which such water or portion thereof is obtained, which reservoir has been in existence on the lands for more than one (1) year prior to April 25, 1957, and which land, or interest therein, has been owned by the corporation for more than fifteen (15) years prior to April 25, 1957.
Laws 1977, c. 256, § 37-127, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-201. Authorization to establish lines and facilities - Joint efforts - Acceptance of grants.

The municipal governing body may:
1. Authorize the construction of mains, submains and laterals for sewers, also ditches, drains, conduits, pipelines and channels for sanitary and drainage purposes, or either or both thereof, with lift stations, outlets, manholes, catch basins, flush tanks, connecting sewers, ditches, drains, conduits, channels and other appurtenances in, under, over or through any street, or any land of the municipality or any right-of-way granted or obtained for such purpose, either within or without the limits of the municipality;
2. Authorize the construction of mains, submains and laterals for water distribution lines, water distribution systems or waterworks, and water supply facilities for same; also ditches, canals, channels, conduits, pipelines and siphons, together with the necessary or usual appurtenances for carrying storm water or water from irrigation ditches, water courses, streams, springs, wells, lakes, treating plants or other sources of supply into, through or out of the municipality in, under, over or through any street or any land of the municipality or any right-of-way granted or obtained for such purpose, either within or without the limits of the municipality;
3. Join with other municipalities or any improvement district or sanitary district of the state, or any of its departments or agencies, the federal government or any of its departments, agencies or instrumentalities, as may be provided by law, in the construction, operation or maintenance of improvements authorized by the provisions of Sections 37-201 through 37-234 of this title; and
4. Accept from the state, or federal government, or any agency, department or instrumentality of either, grants for or in aid of the construction or engineering planning of any of the improvements provided herein, and enter into contracts with the state, the federal government, or any agency, department or instrumentality of either or both, for the construction or supervision of construction by the state, the federal government, or any agency, department or instrumentality, for either or both of any such improvements, in accordance with the plans, specifications, rules and regulations of the state, the federal government, or any agency, department or instrumentality or either or both, but reserving to the municipality the right to assess against the property benefited by the improvement and located within the municipality, that portion of the cost of the improvement which does not qualify for aid under the state or federal grant.
Laws 1977, c. 256, § 37-201, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-202. Public and district sewers - Public and district water distribution lines.

In all municipalities where a system of public waterworks is maintained and operated, or created, the municipal governing body shall have power to cause a general sanitary, storm or combination sewer system to be established, which shall be composed of two classes of sewers: public and district sewers. The governing body may also cause a water distribution system and water supply facilities to be established composed of public and district water distribution lines. Such systems may be created separately or in conjunction with each other.
Laws 1977, c. 256, § 37-202, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-203. Location of public sewers - Dimensions - Regulations.

Public sewers shall be established along the principal courses of drainage, at such points, to such extent, of such dimensions and under such regulations as may be determined by the governing body. These public sewers may be extensions or branches of sewers already constructed or entirely new throughout as may be deemed expedient by the municipal governing body.
Laws 1977, c. 256, § 37-203, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-204. Location of public water distribution system - Main lines of conveyance.

The public water distribution system shall consist only of the main lines of conveyance from the sources of supply, and the main lines for general distribution, including such other property as may be necessary in connection therewith for the proper maintenance and use of the water distribution system throughout the municipality. The public distribution lines shall be established along the principal courses of distribution, or of supply, at such points, to such extent, of such dimensions and under such regulations as may be provided by the governing body; and these principal lines of distribution may be extensions or branches of lines already constructed or entirely new throughout as may be deemed expedient and necessary by the municipal governing body.
Added by Laws 1977, c. 256, § 37-204, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-205. Payment of construction and maintenance of public sewers and water lines - Petition.

Except as otherwise provided, the construction and maintenance of public sanitary sewers, storm sewers, and public waterlines shall be paid for as follows:
1. Unless otherwise provided for in this section, all mains and submains constructed by a municipality shall be paid for by the municipality. If a petition signed by the owners of more than one-half (1/2) of the area of the land that will be drained or benefited by the construction of such mains or submains is filed with the governing body or the governing body finds that certain property will be specially benefited thereby, the governing body may create a district and order the construction of such mains and submains and provide for the payment therefor to be made by the owners of the property included within the district in accordance with the procedure for the construction of and payment for district sewers and district waterlines. The petition shall be filed with the city 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;
2. Laterals shall be paid for by the owners of the property abutting on such laterals in the manner provided for by law for the estimate of cost and assessments for district sewers and district waterlines;
3. If a main or submain is constructed in any alley or other place where a lateral would otherwise have been constructed and the main or submain serves the purpose of a lateral for the property abutting thereon, the owners of the property shall be assessed in amounts equal to that which they would have been required to pay for a sufficient lateral; and
4. If any private connection is made with a main or submain instead of with a lateral, the owner of the premises so connected shall pay to the municipality an amount equal to that which he would have been required to pay for a lateral so constructed as to provide similar service. The amounts to be charged for connections with mains and submains, or for mains or submains used as laterals, shall be ascertained by the municipal engineer or the engineer in charge of such work and assessed against the property and collected in the manner provided for by law in the case of district sewers.
Added by Laws 1977, c. 256, § 37-205, eff. July 1, 1978. Amended by Laws 1984, c. 126, § 69, eff. Nov. 1, 1984; Laws 2001, c. 54, § 2, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-206. Establishment of district sewer and water distribution lines - Petition.

District sewers and district water distribution lines shall be established within the limits of the districts, to be prescribed by ordinance. District sewers shall connect with public sewers or other district sewers, or with the natural course of drainage, as each case may be. District water distribution lines in contiguous or noncontiguous areas may connect with public distribution lines, or other district distribution lines. The governing body shall cause sewers and/or district water distribution lines to be constructed in each district whenever the record owners of more than one-half the area of land liable to assessments for the improvement shall petition therefor. The petition shall be filed with the city 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 districts may include mains and submains where the same are within the limits of the district or are necessary outlets or supply lines thereto.
Added by Laws 1977, c. 256, § 37-206, eff. July 1, 1978. Amended by Laws 2001, c. 54, § 3, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-207. Costs of district sewer and water distribution lines.

The costs of district sewers and district water distribution lines, including mains and submains properly included in the district, shall be assessed and collected as hereinafter provided. The municipality shall incur no liability for building district sewers, except when the municipality is the owner of a lot within the district, and in that case the municipality shall be liable for the costs of the sewer in the same manner as other property owners within the district.
Laws 1977, c. 256, § 37-207, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-208. Construction of lines through private property - Condemnation.

No sewer or water line shall run diagonally through private property when it is practicable, without injury to the sewer or water line, to construct it parallel with one of the exterior lines of such property; nor shall any public sewer or public water line be constructed through private property when it is practicable to construct it along or through a street, alley or other public highway. The municipal governing body shall have the power to condemn private property for public use, occupation or possession in the construction and repair of public and district sewers and water distribution lines, in the same manner as other property is condemned within the municipality for public uses.
Laws 1977, c. 256, § 37-208, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-209. District sewer or water lines without petition - Preliminary plans and costs.

Whenever the governing body deems district sewers or district water distribution lines necessary, it may proceed with such work without petition, and shall require, by resolution, the municipal engineer, or other registered professional engineer, to prepare and file preliminary plans, showing a preliminary estimate of the cost of such improvement, and an assessment plat showing the area to be assessed. In the event noncontiguous areas are included in the same district, separate preliminary estimates shall be filed as to each area. The governing body may adopt any material or methods for the construction of such work.
Laws 1977, c. 256, § 37-209, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-210. Special attorneys, auditors or consulting engineers.

The municipal body may contract for the services of special attorneys, auditors or consulting engineers to make the necessary surveys, and prepare plans, plats, profiles, estimates and all other details for the work of improvements and to supervise the work. Any such consulting engineer shall be a person, firm or corporation, resident in the State of Oklahoma, and duly registered as an engineer in the State of Oklahoma. A consulting engineer may be employed also to furnish the necessary advertising, printing, transcripts, legal fees, preparation of assessment rolls, and such other expense as may be necessary. The municipality shall provide for the payment of such services and expenses from the assessments to be levied as part of the cost of such improvments, except as otherwise provided.
Laws 1977, c. 256, § 37-210, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-211. Examination and approval of plans - Resolution of necessity.

Upon the filing of the preliminary plans, preliminary estimate and assessment plat, 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 37-212 of this title.
The resolution shall further provide that:
1. Any person, firm, corporation, administrator or guardian holding title to the land 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; 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, § 37-211, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-212. Notice of resolution of necessity - Publication and mailing.

A. The resolution of necessity shall be published in at least two (2) consecutive Thursday issues of a daily newspaper, or at least 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 affecting the proposed district, 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, which list shall be furnished by the engineer, as follows:
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, describing it, will be liable to assessment to pay for the improvement, 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 affidavit of the clerk and filed in his office. However, the failure of any one or more listed owners to receive the notification shall not invalidate any of the proceedings hereunder.
Laws 1977, c. 256, § 37-212, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-213. Protests - Hearing - Findings as conclusive and binding.

Protests shall be heard and considered at the next regular meeting of the governing body following the expiration of the fifteen-day period after the last publication of the resolution of necessity. The hearing may be continued from time to time. The finding of the governing body as to the sufficiency or insufficiency of the protest or petition shall be conclusive and binding for all purposes and against all persons. The governing body shall have the power to hear any protest or petition and compel the attendance of witnesses under oath to determine the sufficiency thereof. If sufficient protests are filed as to any one or more noncontiguous areas, the same shall be eliminated from the proceedings, but the other areas shall not be affected thereby. No action or suit to question the findings of the governing body on the sufficiency of the protests or petition shall be commenced later than fifteen (15) days after the finding.
Laws 1977, c. 256, § 37-213, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-214. Rules regarding protests - Sufficiency.

In determining the sufficiency of any protest or petition as provided in Section 37-213 of this title, the governing body shall be guided by these rules:
1. Each paper containing signatures shall have attached thereto the affidavit of an owner of property to be assessed, or his agent, stating that each signature was affixed in his presence and is the signer's genuine signature;
2. The protest or petition shall be counted only for the property described as belonging to the signer;
3. The signature of one co-owner shall be counted only to the extent of the signer's interest in the property, but the signature of one joint tenant will protest or petition the entire interest;
4. A protest or petition signed by a guardian, executor, administrator or trustee shall be valid without an order of court therefor; and
5. A protest or petition is valid if signed by a person who has an equitable title, including a recorded contract of purchase.
Laws 1977, c. 256, § 37-214, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-215. Right of property owner to institute action in district court.

Any property owner shall have the right to institute an action in the district court in the county in which the situs of the municipal government 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, § 37-215, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-216. 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 to be done. The resolution ordering the improvement 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 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;
3. 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;
4. 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 one (1) year from the time of its completion and acceptance;
5. Require the execution of a good and sufficient bond to the State of Oklahoma for the payment of all labor and material used in the construction of the improvement in the full amount of the contract price therefor; and
6. 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, § 37-216, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-217. Advertisement and notice for proposals - Filing date for suits and actions.

A. The notice of the municipality's advertisement for proposals shall set forth:
1. The boundaries of the area to be improved, referring to the assessment plat on file;
2. The kind of improvements proposed;
3. What 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 the 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, § 37-217, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-218. Awarding 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. Contractors' bids shall not be held valid longer than forty-five (45) days after the deadline for filing the proposals with the municipality. The aggregate amount of the contract shall not exceed the aggregate estimate of cost submitted by the engineer. 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, § 37-218, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-219. Final statement of cost - Preparing assessment roll.

A. After the completion of the work and after the cost of the same has been ascertained, 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, advertising, legal, right-of-way, easements and other expenses incurred by the municipality incident to the improvement, together with any and all additions to the contract price of the improvements. The governing body shall adopt and confirm the final statement of cost, if found to be correct.
B. The engineer or municipal clerk shall thereupon prepare and file an assessment roll, which shall contain among other things:
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 certificate of a bonded abstractor; or in case the name of the owner is not known, a statement to that effect;
2. A description of each tract or parcel of land to be assessed; and
3. The amount of the assessment of each tract or parcel of land.
The amount assessed to each tract or parcel of land shall be on an area basis, in proportion to the area of the whole district, exclusive of public highways. All property within two hundred (200) feet of the improvements shall be deemed to be abutting thereon for the purposes of protest and assessment, to the extent that such property is within the limits of the assessment plat. If a fractional part of a lot, parcel, or tract of land is within an assessment area, the benefit shall be computed for the fractional part, but the entire lot, parcel or tract of land under the same ownership of which the fractional part is a part shall be subject to assessment for the benefit.
Laws 1977, c. 256, § 37-219, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-220. Hearing of objections on assessments - Time of hearing - Notice.

When the assessment roll is 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. 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 thirty (30) 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 or property chargeable with the cost of the improvement by mail to 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. The notice 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.
Laws 1977, c. 256, § 37-220, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-221. Correction and confirmation of apportionment.

Any owner of real estate proposed to be assessed may, at or prior to the hearing on the apportionment, file his objections in writing against the validity of the assessment roll and proposed assessment, setting forth the nature thereof, and shall have full opportunity to be heard. The governing body shall make such adjustments as may be just and proper. Any and all objections to the amount and validity of the assessments 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 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. The determination by the governing body of the existence and extent of special benefit to each tract or parcel of land in the district is hereby declared to be legislative in nature, and shall be conclusive upon the property owners and upon the courts.
Laws 1977, c. 256, § 37-221, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-222. Assessing ordinance - Interest on installments - Liens.

Assessments in conformity with the appraisement and apportionment, as corrected and confirmed by the governing body, shall be payable in ten equal annual installments, and shall bear interest not to exceed the rate of 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 and apportionment, 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 and penalties thereon, are hereby declared to be a lien against the lots and tracts of land as 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 liens shall continue as to unpaid installments, interest and penalties until the assessments, interest and penalties thereon shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general convenant or warranty.
Amended by Laws 1982, c. 9, § 3, emerg. eff. March 15, 1982.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-223. 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 shall annually provide, by the levy of taxes in a sufficient sum, for payment of the maturing installments of assessments and interest and penalty thereon. In municipalities containing a population of less than two thousand five hundred (2,500), according to the latest federal census, the municipality may, with the consent of the school board, provide for the payment of such assessments, or the construction and installment of sewer and water improvements, with funds derived from the issuance of building bonds or receipts of a building tax levy of a school district served by such improvement.
Laws 1977, c. 256, § 37-223, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-224. Assessment record.

As soon as the assessing ordinance is adopted, the municipal clerk shall prepare a book which shall be known as the 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, § 37-224, eff. July 1, 1978.