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2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-103. Creation of improvement districts - Purpose - Contents.

The governing body of any city may create one or more districts for the purpose of making or causing to be made any improvement or combination of improvements that confer special benefit upon property within the district. Such improvement or combination of improvements may include the following, without limitation because of enumeration:
1. Acquisition of property or interest in property when necessary for any of the purposes authorized by the Improvement District Act;
2. Opening, creating, widening and extending or altering of streets to improve paving, and surfacing, constructing and reconstructing gutters, curbs, sidewalks, crosswalks, driveway entrances and structures, drainage facilities, and service connections from sewers, water, gas, electricity and other utility mains, conduits or pipes;
3. Constructing or improving main and lateral storm water drains and sanitary sewer systems and facilities;
4. Installation or improvement of street lights and street lighting systems;
5. Construction or improvement of water mains and waterworks systems;
6. Improvement of parks, playgrounds and recreational facilities;
7. Improvement of any street, parking or other facility by landscaping, or planting of trees, shrubs and other plants;
8. Constructing or improving dikes, levees and other flood control works, gates, lift stations, bridges and streets appurtenant thereto;
9. Constructing or improving vehicle and pedestrian bridges, overpasses and tunnels;
10. Constructing or improving retaining walls and area walls on public ways or land abutting thereon;
11. Constructing or improving property for off-street parking facilities, including construction and equipment of buildings thereon;
12. Constructing or improving pedestrian malls; or
13. Constructing or improving offsite facilities or infrastructure serving all or a portion of land within a district; notwithstanding that, such facilities or infrastructure may also serve areas outside a district, but subject to cost apportionment requirements of subsection A of Section 39-110 of this title.
Added by Laws 1978, c. 233, § 3, emerg. eff. April 25, 1978. Amended by Laws 2007, c. 362, § 5, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-104. Number of streets or areas included - Property assessed for improvement.

Any district may include one or more streets or areas which need not be contiguous and may include two (2) or more types of improvements. Such improvements may be included in one (1) proceeding and constructed and financed as one improvement. The district shall include, for the purpose of assessment, all the property which the governing body determines is benefited by the improvement or improvements, including property utilized for public, governmental, burial, or charitable purposes, except property of any religious organization used primarily for religious purposes, or of the United States, or any agency, instrumentality or corporation thereof, in the absence of consent of Congress. The board of county commissioners, the governing body of a city, town, school district or any agency or institution of state government is authorized to pay the amount assessed against property under its ownership or control.
Added by Laws 1978, c. 233, § 4, emerg. eff. April 25, 1978. Amended by Laws 2003, c. 454, § 2, emerg. eff. June 6, 2003.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-105. Assessments against property wholly within, partly within or wholly without or partly without boundary of city levying assessment - Contracts for improvements.

A. Whenever the boundary of a city is upon or along any street which at that point lies wholly within, partly within or partly without or wholly outside of its boundary, but contiguous to the boundary of the city, the governing body of such city may include the street in the district, improve that portion of such street and assess a part of the cost thereof against the abutting property lying on both sides of such street. Provided, however, if such street is wholly or partly within the boundary of another city, the governing body of such other city shall, by resolution, consent to the improvement and give its consent to assessment of the benefited property.
B. If, within thirty (30) days after the adoption of the ordinance levying the assessment by the city creating the district, the governing body of the city in which the property is situated does not, by resolution, consent or ratify the assessments, the governing body of the city creating the district may:
1. Modify the boundary of the district to exclude the property from the district;
2. Assume the cost of the improvement assessed against the property lying beyond the boundary of the city; or
3. Nullify the proceedings, including any contract, relating to the district. Any failure on the part of the governing body of the other city to ratify the assessments levied by the city creating the improvement district shall not affect the validity of the assessments which have been levied against any property lying within the limits of the city creating the improvement district.
C. The owner, or his designated agent, of any property lying outside the boundary of the city creating the district and in the district, including the county and any affected subdivision outside the city, shall have the same rights granted to owners of property lying within the boundary of the city creating the district.
D. Whenever a part of the boundary of two or more cities is upon or along any street or is along the edge of any street and the governing bodies of the cities determine the necessity for making an improvement upon any portion of the street, the governing bodies of the cities may contract, upon such terms as are to them mutually agreeable, to make the improvement. The contract shall:
1. Authorize one of the cities to create the district pursuant to the Improvement District Act; and
2. Prescribe the apportionment of the costs, if any, among the cities and the manner and payment of such cost. The payment of such costs by the cities party to the contract is lawful whether the improvement is wholly within, partly within and partly without or wholly outside its limits.
Added by Laws 1978, c. 233, § 5, emerg. eff. April 25, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-107. Notice of creation of improvement district.

A. The notice as to creating an improvement district shall:
1. Contain the time and place when the governing body shall hold a hearing on the resolution to create the district;
2. Describe the improvement to be constructed and the general location thereof; and
3. State that any interested person may ascertain in the office of the municipal clerk:
a.
a description of the property to be assessed, and
b.
the maximum amount of benefit estimated to be conferred on each tract or parcel of land.
B. Not more than thirty (30) days nor less than ten (10) days before the day of the hearing, the city clerk, his deputy or the engineer shall mail the notice of the hearing on the proposed district to the owner of the tract or parcel of land to be assessed the cost of the improvement at his last-known address. The name and address of the owner of each tract of land shall be obtained from the records of the county treasurer. The notice shall contain a preliminary basis for estimating the assessment. Proof of the mailing is to be made by affidavit of the city clerk, his deputy, or the engineer, which shall be filed in the office of the city clerk. Failure of the owner to receive any notice shall not invalidate any of the proceedings authorized in the Improvement District Act.
C. Notice of the hearing shall also be published. The last publication shall be at least seven (7) days prior to the day of the hearing. Such service by publication shall be verified by an affidavit of the publisher which is to be filed in the office of the city clerk.
Added by Laws 1978, c. 233, § 7, emerg. eff. April 25, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-108. Hearings on creation of district - Protests and objections.

A. At the hearing of the governing body on the proposed resolution creating a district, any interested person or owner of property to be assessed for the improvement may file a written protest or objection questioning the:
1. Propriety and advisability of constructing the improvement;
2. Estimated cost of the improvement;
3. Manner of paying for the improvement; and
4. Amount to be assessed against the individual tract or parcel of land.
B. The governing body may recess the hearing from time to time so that all protestants may be heard.
C. At the hearing, the governing body may:
1. Correct any mistake or irregularity in any proceeding relating to the improvement;
2. Correct an assessment made against any tract or parcel of land;
3. In case of any invalidity, reassess the cost of the improvement against an abutting tract or parcel of land;
4. Delete any tract or parcel of land, protested by the owner, from the district; and
5. Recess the hearing from time to time.
D. Within thirty (30) days after the governing body has concluded the hearing; determined the advisability of constructing the improvement and the type and character of the improvement; and created the improvement district, any person who, during the hearing, filed a written protest with the governing body protesting the construction of the improvement may commence an action in district court to correct or set aside the determination of the governing body. After the lapse of thirty (30) days succeeding the determination of the governing body, any action attacking the validity of the proceedings and the amount of benefit to be derived from the improvement is perpetually barred. Provided, however, if the owners of fifty percent (50%) or more in area of the tracts or parcels within the district or a majority of the owners of record of property in the assessment area protest, in writing, the creation of the district, the district shall not be created.
Added by Laws 1978, c. 233, § 8, emerg. eff. April 25, 1978. Amended by Laws 1985, c. 26, § 1, eff. Nov. 1, 1985; Laws 1999, c. 343, § 3, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-109. Award of contract - Payment of contractor.

After the governing body creates a district, the governing body may proceed, either to make the improvement by force accounting, or call for sealed bids on the proposed improvement, or where the district comprises land owned by a single party, developer, or other legal entity that has petitioned for the creation of the district, contract with that single party, developer or other legal entity to make the improvement for future dedication or other conveyance to the city; provided, however, in the case of the districts created pursuant to Section 39-103.1 of this title and except as otherwise provided in this section, the governing body may contract for said services without calling for sealed bids or force accounting. The notice shall state the manner of payment to the contractor and whether the contractor will be paid in money, in bonds or in a proportion of money and bonds for making the improvement. The governing body may to the extent that funds are available authorize payments to the contractor during the construction of the improvement provided that the payments do not exceed the amount of work completed and that ten percent (10%) of such payments shall be retained by the city pending final acceptance by the city of the improvement. The term "improvement" as used in this section and Sections 101 through 136 of Title 61 of the Oklahoma Statutes shall not include any services or maintenance authorized and provided pursuant to Section 39-103.1 of this title.
Added by Laws 1978, c. 233, § 9, emerg. eff. April 25, 1978. Amended by Amended by Laws 1983, c. 170, § 22, eff. July 1, 1983; Laws 1986, c. 284, § 15, operative July 1, 1986; Laws 2007, c. 362, § 7, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-111. Filing of objections to assessment - Waiver of objection - Hearings - Levy of assessment - Ordinance.

A. Not later than three (3) days before the date of the hearing on the assessment roll, any owner of a tract or parcel of land which is listed on the assessment roll may file his specific objections to the amount of the assessment in writing with the city clerk. Unless presented as required in this subsection, any objection is deemed waived as to the regularity, validity and correctness of:
1. The proceedings;
2. The assessment roll;
3. Each assessment contained on the assessment roll; or
4. The amount of the assessment levied against each tract or parcel of land.
B. At the hearing, the governing body shall hear all objections which have been filed as provided in this section and may recess the hearing from time to time and, by resolution, revise, correct, confirm or set aside any assessment and order another assessment be made de novo.
C. The governing body by ordinance shall by reference to such assessment roll, or assessment roll as modified, if modified, and as confirmed by resolution, levy the assessments contained in the assessment roll. The decision, resolution and ordinance of the governing body shall be:
1. A final determination of the regularity, validity and correctness of the proceedings, the assessment roll, each assessment contained on the assessment roll, the amount of the assessment levied against each tract or parcel of land; and
2. Conclusive upon the owners of the tract or parcel of land assessed.
D. Within fifteen (15) days after the publication or posting of the ordinance, any owner who has filed an objection as provided in this section may commence an action in district court to correct or set aside the determination of the governing body. After the lapse of fifteen (15) days after the publication or posting of the ordinance, all actions, which include the defense of confiscation or attack the regularity, validity and correctness of the proceedings, the assessment roll, each assessment contained on the assessment roll, and the amount of the assessment levied against each tract or parcel of land, are perpetually barred.
Added by Laws 1978, c. 233, § 11, emerg. eff. April 25, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-112. Assessments - Rate - Interest - Delinquent payments - Liens.

A. The governing body may by ordinance:
1. Establish the time and terms of paying the assessment or an installment on the assessment;
2. Set a rate of interest not exceeding ten percent (10%) per annum upon deferred payments of the assessment which shall commence from the date of publication of the ordinance ratifying the assessment;
3. Set interest rates not exceeding ten percent (10%) per annum upon the outstanding principal amount of bonds issued by a district pursuant to Section 39-115 of this title; and
4. Fix penalties to be charged for delinquent payment of an installment on an assessment.
B. After the publication of the ordinance ratifying an assessment levied as provided in Section 39-111 of this title, the assessment with any interest or penalty accruing on such assessment shall constitute a lien upon the tract or parcel of land so assessed. Such lien shall be coequal with the lien for ad valorem taxes and the lien of other improvement districts, and be superior to all other liens, claims and titles. Unmatured installments are not deemed to be within the terms of any general covenant or warranty. All purchasers, mortgagees or encumbrancers of a tract or parcel of land so assessed shall acquire the tract or parcel of land subject to the lien so created.
C. Within sixty (60) days after the publication of the ordinance ratifying an assessment roll, the city clerk shall prepare, sign, attest with the municipal seal and record in the office of the county clerk a claim of lien for any unpaid amount due and assessed against a tract or parcel of land.
D. Any tract or parcel so assessed shall not be relieved from the assessment or lien by the sale of the tract or parcel of land for taxes or any other assessment, subject to the provisions of Section 39-119 of this title. The statute of limitations shall not begin to run against an assessment until after the last installment of the assessment becomes due.
E. The fact that an improvement is omitted in front of any tract or parcel of land does not invalidate a lien or assessment made against any other tract or parcel of land.
F. A delinquent installment of an assessment shall be foreclosed and the tract or parcel of land concerned be sold in the manner provided by law for foreclosure of mortgages on land. If, at the sale, there is no better bidder for the tract or parcel of land the municipality shall bid in the tract or parcel of land for the amount due on the assessment plus any interest, penalties or costs which have accrued against the assessment. Any real estate sold under any order, judgment or decree of court to satisfy the lien may be redeemed by the owner or his assignee at any time within one (1) year of the date of sale by paying to the purchaser thereof or assignee the amount paid with interest from the date of purchase at the rate of twelve percent (12%) per annum.
Added by Laws 1978, c. 233, § 12, emerg. eff. April 25, 1978. Amended by Laws 2007, c. 362, § 9, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-113. Use of revenues.

A. All money received by the city from any special assessment or assessment within a district shall be held in a special fund and used to:
1. Pay the cost of the improvement for which the assessment was made;
2. Reimburse the city for any work performed or cost incurred by the city in constructing the improvement; or
3. Pay the interest and principal due on any outstanding negotiable bonds, including replenishment of debt service reserves, reimbursements to bond insurers or other providers of credit enhancement, and other payments required in connection with bonds issued to pay for improvements.
B. Any person who uses money in a district fund other than as provided in this section is guilty of a felony and shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment in the State Penitentiary for not more than two (2) years, or by both such fine and imprisonment, in the discretion of the court.
Added by Laws 1978, c. 233, § 13, emerg. eff. April 25, 1978. Amended by Laws 1983, c. 170, § 23, eff. July 1, 1983; Laws 1997, c. 133, § 129, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 58, eff. July 1, 1999; Laws 2007, c. 362, § 10, eff. Nov. 1, 2007.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 129 from July 1, 1998, to July 1, 1999.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-114. Transfer of revenues to general fund.

The governing body may transfer to the general fund of the city any money obtained from the levy of an assessment for a district if:
1. Bonds were issued to finance the improvement; and
2. The funds obtained by the bonds were spent for the improvement; and
3. The assessments were levied and collected for the payment of the bonds; and
4. Either the bondholders are barred by the statute of limitations or a court judgment or decree from collecting the indebtedness; or
5. The bonded indebtedness has been paid.
Added by Laws 1978, c. 233, § 14, emerg. eff. April 25, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-116. Duty of city relative to assessments and bonds - Personal liability.

A. Whenever a district has been created and bonds have been issued to finance the improvement, a city shall either itself, or acting through a third party administrator:
1. Collect the assessments annually or semiannually;
2. Act as trustee for the benefit of the holders of the bonds; provided that, the city may contract with a bank with trust powers to act as trustees;
3. Annually prepare a statement which shall:
a.
be available for inspection in the office of the city treasurer,
b.
reflect the financial condition of the district,
c.
list all the delinquencies existing at that time, and
d.
institute proceedings to foreclose the assessment lien against any tract or parcel of land which is delinquent in the payment of the assessment or installment of an assessment for a period of more than one (1) year. In lieu of the foreclosure of a lien against any tract or parcel of land which is delinquent in the payment of an assessment or installment of an assessment for a period of more than one (1) year, a city may accept a deed to the property subject to the lien if the owner of the property tenders the deed to the municipality.
B. If more than one district is created, the money from assessments in each district shall be kept in a separate fund and used for the payment of principal and interest of the bonds outstanding against that district. Nothing herein shall prevent the appointment and compensation by the district of a registrar, transfer, authenticating, paying or other agents to effect the transfer of ownership, change of payee of any bond issued by the district and to maintain books and records relating thereto.
C. Neither any member of the governing body of a city creating a district nor any person acting on behalf of the city or district, while acting within the scope of his or her authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority.
Added by Laws 1978, c. 233, § 16, emerg. eff. April 25, 1978. Amended by Laws 1983, c. 170, § 25, eff. July 1, 1983; Laws 2007, c. 362, § 12, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-117. Delinquent assessment or installment - Rights and remedies for collection of assessment.

A. If the governing body fails or refuses to foreclose and sell a tract or parcel of land for the delinquent assessment or installment of the assessment as required in Section 39-116 of this title, any holder of a bond secured by the assessment may foreclose the assessment lien on such delinquent property in the manner provided by law for the foreclosure of mortgages on real estate.
B. Whenever a governing body, board of county commissioners or local board of education is delinquent in the payment of an assessment, the holder of any bonds issued against the tract or parcel of land of the city, county or school district has the rights and remedies for the collection of the assessment as are given by law for the collection of judgments against cities, counties and school districts.
Amended by Laws 1983, c. 170, § 26, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-118. Duties of trustees in foreclosure actions.

In any action seeking the foreclosure of a lien against any tract or parcel of land assessed by a city for the construction of any improvement after bonds have been issued, the trustee of the fund from which the bonds are to be paid may:
1. Purchase the tract or parcel of land sold at the foreclosure sale; or
2. Bid, in lieu of cash, the full amount of the assessment and interest found by the court to be due and payable under the ordinance creating the lien and any cost taxed by the court in the foreclosure proceedings against the property ordered sold.
Amended by Laws 1983, c. 170, § 27, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-119. Title to property in trustee.

Upon the acceptance or purchase of the tract or parcel of land as provided in Sections 39-116 and 39-118 of this title, title to the tract or parcel of land, subject to the right of redemption as provided by law, shall vest in the trustee of the fund from which the bonds are payable.
Amended by Laws 1983, c. 170, § 28, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-120. Sale of property by trustee.

A. After expiration of the period of redemption of the tract or parcel of land foreclosed, the trustee may apply to the district court which ordered the property sold for an order authorizing the trustee to sell the property at private sale.
B. After the filing of the application of the trustee, the district court shall appoint three (3) disinterested persons to appraise the property sought to be sold and return the appraisement to the court. After the appraisement is filed in the district court, the district court shall, if it deems the appraisement to be fair, enter an order authorizing and directing the trustee to sell and convey to the purchaser the tract or parcel of land being sold. The tract or parcel of land shall not be sold at private sale except for cash and for no less than the value determined by the appraisers.
C. If the trustee is unable to sell the tract or parcel of land at its appraised value, the trustee may apply to the district court which ordered the property sold for an order authorizing the trustee to sell for cash the tract or parcel of land foreclosed to the highest and best bidder subject to the approval of the district court. If the court determines that the property cannot be sold at its appraised value, the court may enter an order directing the public sale of the property.
D. After the sale of the foreclosed tract or parcel of land at either a private sale or a public sale, approved by the court, the trustee shall:
1. Deduct the costs of the sale and costs taxed against the tract or parcel of land in the sale proceedings; and
2. Pay the remainder of the proceeds into the proper district fund for payment of the interest and the bonds. In case of the sale of any tract or parcel of land subject to more than one delinquent assessment, such remaining proceeds shall be distributed into the proper district funds for such payment pro rata based upon the total unpaid amount due each such district.
Amended by Laws 1983, c. 170, § 29, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-39-121. Purpose of act.

The Improvement District Act is intended to afford another and additional method of making improvements and is not to be construed as repealing or qualifying any other charter or statutory authorization granting a city authority to make improvements.
Added by Laws 1978, c. 233, § 21, emerg. eff. April 25, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-102. Purpose of act.

It is declared to be the purpose of the Neighborhood Redevelopment Act to promote, stimulate, and develop the general and economic welfare of this state and its communities and to assist in the development and redevelopment of commercial, industrial and residential neighborhoods, thus promoting the general welfare of the citizens of this state, by authorizing cities and towns to establish redevelopment trust authorities, and to authorize such authorities to undertake redevelopment activities within such neighborhoods. The powers conferred by the Neighborhood Redevelopment Act are for public uses and purposes for which public money may be expended and the power of eminent domain exercised. The necessity in the public interest for the provisions enacted as the Neighborhood Redevelopment Act is hereby declared as a matter of legislative determination. The municipal governing body may do all things necessary and proper in its discretion pursuant to the authority granted to it by the Constitution and laws of this state to redevelop and maintain its commercial, industrial and residential neighborhoods.
Added by Laws 1981, c. 315, § 2. Amended by Laws 1984, c. 126, § 70, eff. Nov. 1, 1984; Laws 1998, c. 247, § 2, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-103. Procedure for application of act - Limitations.

A. No city or town shall exercise any of the powers conferred by this act unless the governing body of such city or town shall have adopted a resolution finding that all or a portion of the commercial, industrial or residential neighborhood seeking to be redeveloped contains blighted conditions and the conservation, development or redevelopment of such area is necessary to promote the general and economic welfare of such city or town.
B. The powers conferred upon cities and towns under the provisions of this act shall be exercised only in commercial, industrial or residential neighborhoods of cities and towns, as determined by resolution adopted pursuant to Section 40-104 of this title.
Added by Laws 1981, c. 315, § 3. Amended by Laws 1998, c. 247, § 3, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-106.1. Powers of redevelopment trust.

In order to carry out the purposes of this act, and any redevelopment plan adopted by a city or town pursuant hereto, a redevelopment trust may exercise all powers of a public trust pursuant to the provisions of Sections 176 et seq. and 175.1 et seq. of Title 60 of the Oklahoma Statutes.
Added by Laws 1998, c. 247, § 6, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-107. Application of Title 60, Section 178.4.

The provisions of Section 178.4 of Title 60 of the Oklahoma Statutes regarding retail outlets and residential enterprises and functions shall not apply to any redevelopment trust operating pursuant to a duly adopted redevelopment plan.
Added by Laws 1981, c. 315, § 7. Amended by Laws 1998, c. 247, § 7, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-108.1. Bonds or notes - Pledge of revenues.

A redevelopment trust operating pursuant to a duly adopted redevelopment plan may issue tax apportionment bonds or notes in accordance with the provisions of the Local Development Act, Section 850 et seq. of Title 62 of the Oklahoma Statutes, as amended, and may receive and pledge revenues derived from the apportionment of ad valorem taxes as provided in Sections 861 and 862 of Title 62 of the Oklahoma Statutes.
Added by Laws 1998, c. 247, § 8, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-109. Relocation assistance plan.

Before any redevelopment project shall be initiated under this act, a relocation assistance plan shall be approved by the redevelopment trust proposing to undertake the project. Such relocation assistance plan shall:
1. Provide for relocation payments to be made to persons, families and businesses who move from real property or who move personal property from real property as a result of the acquisition of the real property by the city in carrying out the provisions of this act, the plan to specify the time and manner of any such payments agreed to;
2. Provide that no persons or families residing in the project area shall be displaced unless and until there is a suitable housing unit available and ready for occupancy by such displaced person or family at rents within their ability to pay. Such housing units shall be suitable to the needs of such displaced persons or families and must be a decent, safe, sanitary and otherwise standard dwelling;
3. Provide for the payment of any damages sustained by a retailer by reason of the liquidation of inventories necessitated by relocation; and
4. Provide for conformance with requirements promulgated under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended.
Added by Laws 1981, c. 315, § 9. Amended by Laws 1998, c. 247, § 9, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-113. Definitions.

The following terms, whenever used or referred to in this act, shall, unless a different intent clearly appears from the context, be constructed to have the following meaning:
1. "Blighted conditions" means conditions which, because of the presence of a majority of the following factors, substantially impair or arrest the sound development and growth of the municipality or constitute an economic or social liability or are a menace to the public health, safety, morals or welfare in its present condition and use:
a.
a substantial number of deteriorated or deteriorating structures,
b.
predominance of defective or inadequate street layout,
c.
unsanitary or unsafe conditions,
d.
deterioration of site improvements,
e.
absentee ownership,
f.
tax or special assessment delinquency exceeding the fair value of the land,
g.
defective or unusual conditions of title,
h.
improper subdivision or obsolete platting or land uses,
i.
the existence of conditions which endanger life or property by fire and other causes, or
j.
conditions which create economic obsolescence, or areas containing obsolete, nonfunctioning or inappropriately developed structures;
2. "Governing body" means the city council, city commission or town board of trustees;
3. "Neighborhood" means a contiguous geographic area within a city or town that is characterized by a predominant building style or function, and may apply to residential, commercial or industrial areas;
4. "Program plan" means a plan for the redevelopment of all or a portion of a redevelopment district, which the governing body of a city or town has found to contain blighted conditions, so that the clearance, replatting, rehabilitation or reconstruction thereof is necessary to effectuate the purposes of this act;
5. "Project plan" means a specific work or improvement to effectuate all or a portion of a program plan;
6. "Redevelopment" shall mean the clearance, planning, construction, rehabilitation, or renovation of all or a portion of a redevelopment district, and the provision for such industrial, commercial, retail, residential or public structures and spaces as may be appropriate, including recreational and other facilities incidental or appurtenant thereto;
7. "Redevelopment district" means that portion of a city or town which the governing body of such city or town has found to contain blighted conditions;
8. "Redevelopment plan" means a plan for the redevelopment of all or a portion of a redevelopment district; and
9. "Redevelopment trust" means a public trust established in accordance with Section 176 et seq. of Title 60 of the Oklahoma Statutes which has the power to undertake redevelopment activities.
Added by Laws 1981, c. 315, § 13. Amended by Laws 1998, c. 247, § 10, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-40-115. Eminent domain - Lien foreclosure.

A. A redevelopment trust shall have the right to acquire by the exercise of the power of eminent domain any real property in fee simple or other estate which is necessary to accomplish the purposes of this act, when so approved by the governing body.
B. A redevelopment trust may exercise the power of eminent domain in the manner provided in Sections 9 through 14 of Title 27 of the Oklahoma Statutes; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provision for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to any city, county, public trust or the state or any political subdivision thereof may be acquired without its consent.
C. In the event of the sale or other disposition of real property of any redevelopment trust by reason of the foreclosure of any mortgage or other lien, through insolvency or bankruptcy proceedings, by order of any court of competent jurisdiction, by voluntary transfer or otherwise, the purchaser of such real property of such redevelopment trust shall continue to use, operate and maintain such real property in accordance with the provisions of any project plan.
Added by Laws 1981, c. 315, § 15. Amended by Laws 1998, c. 247, § 11, eff. Nov. 1, 1998.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-101. Survey and plat for subdivisions or proposed municipality.

A person intending to lay out a municipality or an addition or subdivision shall cause a survey and plat to be made of the land which is to be laid out. The plat shall particularly describe and set forth all streets, alleys, easements, commons or public grounds, all lots and blocks, and fractional lots within or adjoining the land, and give their names, width, courses, boundaries, and extent.
Laws 1977, c. 256, § 41-101, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-102. Lots to be numbered and described in plat.

All lots shall be numbered in progressive numbers, and their precise length and width shall be stated on the plat or map, together with any streets, alleys, or roads which divide or border the lots. Angles or bearings shall be given on all block lines and lot lines not parallel to block lines.
Laws 1977, c. 256, § 41-102, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-103. Base line - How formed.

At the time of surveying and platting, the owner of the municipality, addition or subdivision of lots and blocks, or his agent, shall form the base line from which future surveys are to be made. The base line shall be formed by placing on the line of a street two good and sufficient monuments of such size and dimension as the surveyor shall direct. The point or points where the base line may be found shall be distinguished on the plat or map.
Laws 1977, c. 256, § 41-103, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-104. Plats must be certified and acknowledged.

When the plat or map is completed, it shall be certified by a registered land surveyor who has prepared it and the landowner. At or before the time of offering the plat or map for record, the plat or map must be acknowledged before some person authorized to take acknowledgment of deeds. A certificate of such acknowledgment shall be endorsed on the plat or map. The certificate of the survey and acknowledgment shall also be recorded and form a part of the record.
Added by Laws 1977, c. 256, § 41-104, eff. July 1, 1978. Amended by Laws 2011, c. 98, § 2.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-105. Certificate as to payment of taxes required before plat is recorded.

A. No plat or map may be accepted for record or be recorded by the county clerk unless it bears the certificate of the county treasurer of the county in which the tract or parcel of land is located, certifying that:
1. All taxes for all previous years, which taxes have been levied against the tract or parcel of land involving the plat, including improvements thereon, have been paid; and
2. All taxes for the year during which the plat or map is offered for record, which taxes shall be levied against the land to be platted, excluding improvements thereon, have been paid; provided, if the plat to be certified is a replat, or a plat within a plat, the requirement set forth herein shall only apply to the extent that the boundaries of the tracts or parcels of land which are the subject of the replat or plat vary from the original plat.
B. The county assessor of the county in which the land to be platted is located shall determine the taxes due for the year during which the plat is offered for record based on the assessed value of the land to be platted, excluding all improvements thereon; shall place the tax so determined on the tax rolls for that year; and shall notify the county treasurer of such taxes due. In the event the taxes due have not been determined by the county assessor as required in this section or the county treasurer has not been notified of the taxes due on the land to be platted, excluding all improvements thereon, then the owner of the property to be platted, whether in whole or in part, or his agent submitting the plat for record, shall make a security deposit in cash with the county treasurer or a bond executed by a bonding company authorized to do business in the State of Oklahoma. The security deposit or bond shall be in an amount equal to:
1. The sum charged upon the last tax rolls in the office of the county treasurer against the tract or parcel of land involving the plat, whether in whole or in part, excluding all improvements thereon; and
2. Twenty-five percent (25%) of the sum of such taxes as assurance against increase of tax charges for the taxable year in which the plat is offered.
The security deposit or bond shall be held by the county treasurer until the tax rolls for the county have been made up for the taxable year and the tax charge against the tract, excluding all improvements thereon, has become fixed. Upon the payment of all the tax so charged, or applied thereto out of the cash deposit, the remainder of the deposit shall be refunded or the bond released.
Added by Laws 1977, c. 256, § 41-105, eff. July 1, 1978. Amended by Laws 2004, c. 50, § 1, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-106. Approval by municipal governing body before plat is recorded.

Before any plan, plat or replat of land within the corporate limits of a municipality shall be entitled to record in the office of the county clerk, it must be approved by the municipal governing body. No plan, plat or replat may be received or recorded in any public office unless the same shall bear thereon, by endorsement or otherwise, the approval of the municipal governing body. The disapproval of any plan, plat or replat by the municipal governing body shall be deemed a refusal of any proposed dedication shown thereon.
Laws 1977, c. 256, § 41-106, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-107. Fees of surveyor and register - Where recorded.

The surveyor who shall lay out, survey and plat any municipality, addition or subdivision shall be entitled to receive proper compensation for his services. The county clerk of the county in which the property is situated shall receive fees as set forth in Section 32 of Title 28 of the Oklahoma Statutes. The original of the plat and survey shall be retained by the county clerk of the county in which the property is situated, and recorded into a plat book to be provided for that purpose.
Laws 1977, c. 256, § 41-107, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-108. Plat record specifications.

Any plat submitted for recording shall have the following specifications:
1. The dimensions of the plat shall be twenty-four (24) by thirty-six (36) inches or shall be a size that can be properly and conveniently folded to these dimensions and shall be drawn to a minimum scale of one hundred (100) feet to the inch; except that plats in which all lots contain a net area in excess of forty thousand (40,000) square feet, the plat may be drawn to a scale of two hundred (200) feet to the inch;
2. The drawing surface of the plat shall have a binding margin of two (2) inches at the left side of the plat, a margin of not less than one (1) inch at the right side, and a margin of not less than one and one-half (1 1/2) inches at the top and bottom;
3. The original tracing of each plat and two prints thereof and a reduced copy in the dimensions of eight and one-half (8 1/2) inches by eleven (11) inches shall be presented for recording;
4. The original plat shall be an original drawing made with india ink on a good grade linen tracing cloth, or with a suitable black acetate base ink on a stable polyester base film coated upon completion with a suitable plastic material to prevent flaking and to assure permanent legibility, or a print on a stable polyester base film made by photographic processes from a film scribing tested for residual hypo with an approved hypo testing solution to assure permanency;
5. Marginal lines, standard certificates and approval forms may be printed or legibly stamped on the plat with permanent opaque black ink when permitted by local ordinance; and
6. The county clerk may require one of the prints to be a blueprint cloth and the other print to be a photographic matte film positive.
Added by Laws 1977, c. 256, § 41-108, eff. July 1, 1978. Amended by Laws 2007, c. 132, § 1, eff. Nov. 1, 2007.
NOTE: Laws 2007, c. 100, § 1 repealed by Laws 2008, c. 3, § 8, emerg. eff. Feb. 28, 2008.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-109. Donations and grants shown on plat deemed conveyances - Title to streets, alleys, etc.

When the plat or map has been completed and certified, acknowledged, approved and recorded as required by Sections 41-104 through 41-108 of this title, every donation or grant to the public, or to any individual, any religious society, or to any corporation or body politic, marked or noted as such on the plat or map, shall be deemed in law and equity a sufficient conveyance to vest the fee simple of the tract or parcel of land as expressed in the plat or map. Such conveyance shall be considered for all intents and purposes a general warranty against the donor, his heirs or representatives, to the donee or grantee, for his use for the uses and purposes named in the plat or map, expressed and intended, and no other use and purpose whatever. The land intended to be used for the streets, alleys, ways, commons or other public uses in any municipality or addition thereto shall be held in the municipality's corporate name in trust to and for the use and purposes set forth and expressed or intended.
Added by Laws 1977, c. 256, § 41-109, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-110. Lands already laid out under prior law.

When a municipality, addition or subdivision has been laid out and lots sold, and a plat or map of the land has not been acknowledged and recorded in conformity with laws heretofore in force, then the county commissioners or a majority of them in the county where the land is situated, or the owner who has laid out the land, or his legal representatives, shall prepare the plat or map and have it acknowledged and recorded in the proper county, in the form and manner required by Sections 41-104 through 41-108 of this title. The plat or map shall particularly describe the donation of lands or otherwise to individual societies, bodies politic, or for common or public purposes. The plat or map shall conform with the requirements of current law, except that if the lots have been numbered differently and sales made, and they cannot be easily renumbered to conform with the law, then the lots shall be returned as originally stated.
Laws 1977, c. 256, § 41-110, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-111. Penalty for sale of lots before compliance.

No person, firm or corporation shall dispose of, offer for sale, or lease for any time any lots or blocks in any municipality, addition or subdivision, or part thereof, which are hereafter laid out, before all the requirements of Sections 41-104 through 41-108 of this title have been complied with.
Laws 1977, c. 256, § 41-111, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-41-112. Correction of errors in plats and conveyances - Petition to district court.

The district court in the county in which the property is situated shall have the jurisdiction to correct municipal plats and plats of additions and subdivisions. The owner of any lot within the portion of the plat sought to be corrected may file his petition in the district court to correct the plat, or any portion thereof, when the same has been erroneously made by duplicating lot numbers in any block or incorrectly describing the distances on the plat or when the same is, in any manner, incorrect in description or otherwise. The court may correct the description of property in any conveyance of any lot, where the plat is corrected, which may be necessary for the purpose of making a complete and correct descriptive chain of title to the lot.
Laws 1977, c. 256, § 41-112, eff. July 1, 1978.