reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-227. Street improvement districts - Written consent of landowners.

A. Before any property can be included as part of a street improvement district pursuant to Section 36-202 of Title 11 of the Oklahoma Statutes or any municipal governing body action pursuant to Section 36-203 of Title 11 of the Oklahoma Statutes, written consent shall be obtained by the owners of more than one-half (1/2), in area, of the land to be included in the street improvement district.
B. It shall be the responsibility of the petitioners to provide the municipal clerk with the requisite number of signatures if a street improvement district is created pursuant to Section 36-202 of Title 11 of the Oklahoma Statutes. It shall be the responsibility of the municipality to provide the municipal clerk with the requisite number of signatures if a street improvement district is created pursuant to Section 36-203 of Title 11 of the Oklahoma Statutes.
C. The municipal clerk shall certify that the requisite number of signatures consenting to a street improvement district is received before approving such district.
Added by Laws 2012, c. 174, § 1, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-301. Issuance of negotiable coupon bonds.

The municipal governing body may, after the expiration of thirty (30) days from the publication of the assessing ordinance, within which period the whole of any assessment may be paid without interest, provide by resolution for the issuance of bonds to pay all or any part of the cost of the street improvement. The bonds shall be in the aggregate amount of the assessments then remaining unpaid, bearing the date of thirty (30) days after the publication of the assessing ordinance, and be of such denominations as the governing body and the contractor shall determine. The bonds shall in no event become a liability of the municipality issuing the bonds. The bonds shall be payable on or before the first of October next succeeding the September 1 on which the last installment of assessments shall mature. The interest on the bonds shall be at the rate of not to exceed twelve percent (12%) per annum, payable on October 1 following the due date of the first installment of assessments, and semiannually thereafter, until maturity, and fifteen percent (15%) per annum after maturity. The bonds shall be designated as Street Improvement Bonds and shall:
1. Recite the street or streets or part of streets, or other public places, for the improvement of which they have been issued;
2. State that they are payable, in cash, from the assessments which have been levied upon the lots and tracts of land benefited by the improvement and from the accumulation of the interest and penalty on the assessment;
3. Designate the place, either within or without Oklahoma, where the bonds and interest shall be payable;
4. Be signed by the mayor and attested by the municipal clerk; and
5. Contain an impression of the corporate seal of the municipality thereon.
Facsimile of the signatures of the mayor and municipal clerk may be used as provided in the Registered Public Obligations Act of Oklahoma. The bonds shall be issued in series, and the bonds of each series shall be numbered consecutively beginning with number One, and the bonds of each series shall be payable, in cash, in their numerical order.
Amended by Laws 1982, c. 9, § 2, emerg. eff. March 15, 1982; Laws 1983, c. 170, § 14, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-302. Registration of bonds.

The bonds shall be registered by the clerk of the municipality in a book to be provided for that purpose. The book shall show a description of the bond, the name and address of the owner or holder, and the date of registration. Upon the books of the treasurer shall be noted the name of the holder of the bond and his address. The bond shall be endorsed by the clerk over his signature, or a facsimile of his signature, the legend "registered in my office". Each bond shall bear a certificate of registration. Any subsequent holder may cause the same to be registered in the name of the holder upon submission of proper proof of ownership. After registration of any bond, no transfer or assignment thereof shall be valid until such transfer or assignment has been registered with the municipal clerk. Nothing herein shall prevent the appointment and compensation by the municipality of a registrar, transfer, authenticating, paying or other agents to effect the transfer of ownership or change of payee of any bonds issued by the municipality and to maintain books and records relating thereto.
Amended by Laws 1983, c. 170, § 15, eff. July 1, 1983. d
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-303. Bond payment and cancellation.

The municipality shall have the right to call in and pay the bonds or any number thereof in the following manner: Whenever there shall be sufficient funds in the hands of the municipal treasurer after the payment of all interest due and to become due within the next six (6) months, the treasurer, on or before March 10 and September 10 of any year, shall give notice by certified mail addressed to the last registered holder of the bonds called at the address appearing on his registry, that there has accumulated funds sufficient to pay the designated bonds and interest thereon to April 1 next or October 1 next, as the case may be, and directing the presentation of the bonds for payment and cancellation. The bonds which are called will cease to bear interest after April 1 or October 1, as provided in the notice. Upon the payment and cancellation of the bonds, proper entry thereof shall be made upon the books of the clerk and treasurer. Upon the accumulation of sufficient funds as herein provided to pay one or more bonds, the municipal treasurer shall call and pay such bonds, and in the event of failure to do so, he shall be liable for all such damages as may result therefrom. The provisions of this section may be enforced by appropriate proceedings in mandamus against the treasurer.
Laws 1977, c. 256, § 36-303, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-304. Delivery of bonds to contractor.

The cash prepayments and the bonds in the amount that may be necessary for the purpose shall be turned over and delivered to the contractor or assigns at par and accrued interest in payment of the amount due, including advertising, engineering and appraising costs, in accordance with the terms of the contract. The bonds shall be executed and held by the municipality and delivered in parcels from time to time upon the completion and approval of the work, or any part thereof not less than one (1) block, in an amount equal to the improvement so completed and accepted.
Laws 1977, c. 256, § 36-304, eff. July 1, 1978. d
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-305. Consent to use bonds as payment for assessments.

The registered holder of any outstanding bonds issued to pay for a street improvement may file his consent in writing with the municipal clerk to use the bonds to pay for an assessment, or installment thereof, which has been levied by the governing body. The written consent shall be binding upon any transferee or assignee of the bonds, and upon all of the registered owners signing the consent, as to all payments and discharges made for such assessment until written notice be filed with the clerk by the registered holder, transferee or assignee, of the bond terminating his consent thereto. After the written consent is filed and until written notice of termination is given, the owner of any property in the street improvement district may present, with the written consent of the registered holder or holders, to the clerk the bonds bearing the lowest serial numbers of the bonds outstanding in the series as payment for the assessment, or any installment thereof, upon the owner's property, whether delinquent or unmatured, with all interest and penalty thereon. The clerk shall endorse upon each bond the amount of the installment, and interest and penalty thereon, for which the bond is tendered as payment. The clerk shall then issue a receipt to the owner of the property for the amount of the installment, together with interest and penalty, for which credit has been endorsed upon the bonds. Whenever the credits upon any bond so endorsed equals the principal amount of the bond, together with all matured interest, the bond, together with all matured interest, whether due or to become due, shall be canceled by the clerk.
Amended by Laws 1983, c. 170, § 16, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-306. Payment of delinquent assessments by endorsement on bonds.

If an assessment or installment thereof which is paid by endorsement upon a bond is delinquent and in the hands of the county treasurer for collection, then the receipt issued by the clerk may be presented by the registered holder of the bond to the county treasurer. The county treasurer shall thereupon endorse upon his records the satisfaction and discharge of the delinquent installments upon the property described in the receipt. Thereafter the property shall be free and discharged from all further lien for such installments of assessment.
Laws 1977, c. 256, § 36-306, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-307. Settlement between property owner and bondholder - Ratification.

All settlements or compromises made by any property owner with the registered holder of bonds in accordance with Section 36-305 of this title are hereby ratified and confirmed and shall be binding upon all persons, including subsequent holders and assignees of the bonds.
Laws 1977, c. 256, § 36-307, eff. July 1, 1978. der
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-309. Refunding street improvement bonds - Authority.

Any municipality which has issued street improvement bonds by virtue of the authority of any law or charter provision is authorized to refund the bonds. In refunding such bonds, the governing body may provide for:
1. The levy and collection of assessments to pay the bonds;
2. The retirement of the street improvement bonds originally issued;
3. The cancellation of any or all prior assessments, and penalties and interest, together with interest and penalties that have accrued thereon, by and with the written consent and under written contract with the holders of any series of the street improvement bonds;
4. A written "Agreement to Accept Street Improvement Refunding Bonds" in exchange for the bonds originally issued; and
5. The procedure for such refunding in accordance with applicable law.
Added by Laws 1977, c. 256, § 36-309, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-310. Limitation of bondholder actions on street improvement bonds.

The right of any holder to enforce the lien of any street improvement bond or street improvement refunding bond by foreclosure, mandamus, refunding, or otherwise, shall be barred upon the expiration of three (3) years after the maturity date named on the face of such bond, unless the bondholder, prior to the expiration of the three-year period, shall have:
1. Commenced suit to foreclose his lien by filing an action for that purpose and procuring service of summons therein; or
2. Evidenced his willingness to accept street improvement refunding bonds, issued under the provisions of Sections 36-309 through 36-312 of this title, in exchange for the bond.
The running of the three-year period of limitation shall be an absolute bar to any action or proceeding brought thereafter, whether the same is plead as a defense or not, and the property against which the bonds represented a lien shall thereafter be, by operation of law, absolved of any lien or liability on account of the bonds.
Laws 1977, c. 256, § 36-310, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-311. Notice to bondholders - Holder may accept street improvement refunding bonds.

At least sixty (60) days prior to the expiration of the three-year limitation on actions by bondholders, the municipal clerk shall notify the holders of all outstanding street improvement bonds that the same are about to be barred by the statute of limitations by:
1. Mailing a notice to the holder of each bond at his last known address, as shown by the records of the clerk; and
2. Publishing the notice in some newspaper of general circulation in the municipality in which the street improvement district is located. If there is no newspaper published in the municipality, then the publication shall be made in some newspaper published in the county, and by publication of the notice in at least one nationally recognized financial journal.
The notice to bondholders shall be substantially in the following form:
NOTICE TO ALL HOLDERS OF STREET IMPROVEMENT BONDS OF
DISTRICT NO.______ (or, if appropriate, insert the ordinance or serial no.) OF THE _____ (City or Town) OF _________, OKLAHOMA:
You are hereby notified that on the _____ day of _____, 19__, the above bonds and rights thereunder will be barred by the Statute of Limitation, as provided in Section 36-310 of Title 11 of the Oklahoma Statutes. You will govern yourselves accordingly.
___________
CLERK OF THE ______ (City or Town) of _______, OKLAHOMA.
Failure of the clerk to give notice provided herein shall not impair any of the provisions of Sections 36-309 through 36-312 of this title.
Laws 1977, c. 256, § 36-311, eff. July 1, 1978. d
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-312. Limitation of actions to enforce lien of bonds by holder not receiving refunding bonds.

The right of any bondholder, who has filed with the municipal clerk an "Agreement to Accept Street Improvement Refunding Bonds" but who has not been issued street improvement refunding bonds, to enforce the lien of any street improvement bond or street improvement refunding bond by foreclosure, mandamus, tax sale and resale, refunding, or otherwise, shall be barred upon the expiration of three (3) years after the date of the filing of his "Agreement to Accept Street Improvement Refunding Bonds". The running of the three-year period of limitation shall be an absolute bar to any action or proceeding brought thereafter, whether the same be plead as a defense or not, and the property against which the bonds represented a lien shall thereafter be absolved of any lien or liability on account of the bonds or "Agreement to Accept Street Improvement Refunding Bonds". A certificate issued by the municipal clerk certifying that no holder of any such bonds has either
1. filed his "Agreement to Accept Street Improvement Refunding Bonds";
2. commenced foreclosure, mandamus, refunding or otherwise, within the three-year period as prescribed herein; or
3. commenced foreclosure within the three-year period prescribed in Section 36-310 of this title,
shall operate to remove any cloud upon the title of any property created by the street improvement bond, the street improvement refunding bond, or "Agreement to Accept Street Improvement Refunding Bonds", and the liens represented thereby. Nothing contained in this section shall be construed to give a remedy where no remedy of any type or nature previously existed in any bondholder or owner, or to revive a lien or right where no remedy previously existed.
Laws 1977, c. 256, § 36-312, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-401. Widening streets - Acquisition of real estate - Payment of cost.

A municipality may acquire by condemnation, in the manner provided by law, or by purchase or gift, the necessary real estate or interest therein for the purpose of laying out, opening, extending, widening or straightening any street, boulevard, alley, park or public square within the municipality. The governing body may provide for the payment of the costs of the real estate in accordance with Sections 36-401 through 36-414 of this title and may purchase the real estate from the capital outlay account for streets and alleys. Whenever the governing body deems it to be in the best interest of the municipality to pay the cost of the real estate from moneys on hand, it may authorize by resolution the payment for the real estate from the appropriate fund or funds of the municipality, after transferring the funds to the street and alley account.
Laws 1977, c. 256, § 36-401, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-402. Preliminary plans - Examination and approval - Proposed assessment roll.

When the governing body deems it necessary to acquire real estate for the purpose of laying out, opening, extending, widening or straightening any street, boulevard, alley, park or public square within the municipality, it shall direct, by resolution, the engineer to prepare the necessary plans, specifications, profiles and an estimate of the probable cost of the improvement and to submit them for approval to the governing body. Upon the approval of the plans and estimates, the engineer shall at once prepare a proposed assessment roll which shall contain:
1. The names of the last-known owners of real estate abutting the improvement, not less than one (1) block distance from the improvement, and including such additional area as shall be deemed to be benefited by reason of the improvement. The record owners shall be listed as shown by the current year's tax rolls in the county treasurer's office, or as shown by certificate of a bonded abstractor;
2. A description of each tract or parcel of land to be assessed; and
3. The amount of the proposed assessment of each tract or parcel of land, based on apportionment of the cost of improvement among the tracts and parcels benefited by the improvement in proportion to the entire area benefited by the improvement.
Laws 1977, c. 256, § 36-402, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-403. Resolution of necessity - Assessment of cost - Notice of hearing.

The proposed assessment roll shall be submitted by the engineer to the governing body, which shall examine the same and correct any errors which may appear therein. The governing body shall adopt a resolution approving the assessment roll and declaring the work of improvement necessary to be done. The resolution shall: 1. State that the assessment roll, as approved, is on file in the municipal clerk's office;
2. Set forth the time and place that the governing body will hold a hearing on any complaints or objections that may be made concerning the apportionment and assessment of costs for the improvement. The date of the hearing shall be not less than five (5) nor more than fifteen (15) days after the date of the last publication; and
3. Direct that notice be given by publication of the resolution for not less than five (5) nor more than ten (10) days in a daily newspaper of general circulation in the municipality, or by publication for four (4) consecutive weeks in a weekly newspaper of general circulation in the municipality.
A copy of the notice of the nature and amount of the assessment shall also be mailed by restricted delivery mail to the owners of land liable to assessment for the cost of the improvement, directed to the address of such owner as shown on the assessment roll, which mailing shall be not less than ten (10) days before the first hearing. The notice by restricted delivery mail shall be considered cumulative of the notice by publication.
Added by Laws 1977, c. 256, § 36-403, eff. July 1, 1978. Amended by Laws 1978, c. 196, § 2, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-404. Hearing - Correction and confirmation of apportionment - Right of action.

At the hearing on the assessment and apportionment, the governing body shall give full opportunity to hear any and all protests that may be urged against the levy of assessments for the cost of the improvement and shall have the right to hear witnesses until a full and complete hearing shall be had thereon. The protests shall be in writing, specifically setting forth the nature of the objection raised. After the conclusion of the hearing, the governing body shall adjudicate the objections and may make such order on the levy of assessments as may be just and proper. Any objection shall be deemed waived unless presented at the time and in the manner prescribed herein. Any owner of land liable to assessment shall have the right to institute an action to contest the validity of the amount of the assessment at any time within ten (10) days after the final adjudication thereof by the governing body, but no suit may be maintained to contest the validity or the amount of the assessment, or any other matter pertaining to the proposed improvement after the expiration of the ten-day period.
Laws 1977, c. 256, § 36-404, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-405. Assessing ordinance - Interest on installments - Lien.

The governing body, by ordinance, shall levy assessments against the several lots and tracts of land benefited by reason of the improvement in accordance with its determination and final adjudication and fix a lien upon the property for the amount of the assessments. The ordinance shall provide that:
1. The assessments are payable in ten (10) equal annual installments, with interest thereon at the rate of eight percent (8%) per annum, payable annually;
2. The installments shall be due and payable on or before the first day of September of each year following the date of the passage of the assessing ordinance;
3. The owner of any lot, piece or parcel of land shall have the right to pay the entire assessment without interest within thirty (30) days after the date of the publication of the assessing ordinance;
4. Upon failure to pay an installment the municipal clerk shall certify the delinquency to the county treasurer to be placed upon the delinquent tax list of the county for the current year; and 5. If installments are not paid when due, they shall bear interest at the rate of twelve percent (12%) per annum, and no earlier than July 1 and no later than July 10 of the following year, shall be certified to the county treasurer to be placed upon the delinquent list, and the property shall be sold to pay such delinquent assessment in the manner provided for the sale of property for delinquent taxes. Provided, that no such certification shall be made to the county treasurer unless the city or town clerk shall have sent a notice of the nature and amount of the assessment by restricted delivery mail on or before June 1 of said year to the last-known address of the owner of the assessed property.
Added by Laws 1977, c. 256, § 36-405, eff. July 1, 1978. Amended by Laws 1978, c. 196, § 3, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-406. Issuance of negotiable coupon bonds.

Upon the expiration of thirty (30) days after the passage of the assessing ordinance, the governing body may provide by resolution for the issuance of negotiable interest coupon bonds. The bonds shall be designated Local Improvement Bonds and shall be of such denominations and in such form as the governing body shall determine. The bonds shall bear the date of thirty (30) days after the publication of the assessing ordinance and shall bear interest at the rate of seven percent (7%) per annum until paid, and ten percent (10%) per annum, from maturity. The bonds may be registered in the name of the holder thereof and shall be payable at the office of the municipal treasurer or at the fiscal agency of the State of Oklahoma. The interest thereon shall be payable annually on the first day of September of each year. Upon the issuance of the bonds, they shall be delivered to the municipal treasurer and shall be sold at not less than par. If the governing body deems it most advantageous to the municipality, the bonds may be used for the payment of the cost of acquiring the real estate necessary for the improvement. The bonds shall be paid from the accumulation of assessments, interest and penalty, levied against the several lots and tracts of land described in the assessing ordinance. The accumulations shall be retained in a separate, special fund used for the purpose of paying the bonds and interest thereon, and for no other purpose whatsoever. Any surplus remaining in the fund, after the payment of all bonds and the interest thereon, shall become the property of the municipality. In no event shall the municipality be liable for the payment of the bonds.
Amended by Laws 1983, c. 170, § 17, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-407. Additional improvements on widened streets - Surface waters, etc. - Assessment.

The governing body may grade, pave, macadamize, chat, gravel, and install necessary manholes, catch basins, inlets, drainage pipe and sewers with necessary connections therefor, for the purpose of adequately disposing of the surface water falling upon any street, alley, boulevard, park or public square which is being improved pursuant to this subarticle. In proceeding with such work of improvement, the governing body may contract therefor, levy and collect special assessments, and provide for the issuance and payment of bonds, or tax bills, to pay for the improvements, in accordance with the provisions of existing law or charter. The area benefited by reason of the construction of the improvements shall be those lots, pieces and parcels of land abutting and adjacent to the improvement, as described in the written statement of the engineer as benefiting by reason of acquiring, opening, extending, widening or straightening the street, alley, boulevard, avenue, park or public square, and as confirmed by the governing body. Protests and assessments shall be made in the manner provided in Sections 36-403 through 36-406 of this title.
Laws 1977, c. 256, § 36-407, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-408. Excess of cost over benefits.

Whenever the governing body determines that any lot or tract of land abutting upon the improvement is to be assessed and the cost of the improvement exceeds the benefits accruing to the lot or tract of land, the municipality shall bear the excess and shall pay for the excess out of the general revenues of the municipality in such manner as the governing body determines.
Laws 1977, c. 256, § 36-408, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-409. Limitation on certain collections and bond sales for widening streets.

A. Any municipality that proposes to widen an existing two-lane street to a width which would permit four or more lanes of traffic shall be liable for the entire costs of the improvement, except that portion of the costs that may be paid by the board of county commissioners, the State of Oklahoma, the United States of America, or the amount set forth in a petition for street improvements as assessable against property owners.
B. No assessments shall be collected nor shall any improvement bonds which are to be paid from assessment collections be sold or assigned after April 28, 1971, which relate to the financing or a widening project for which assessments are prohibited under subsection A of this section and unless the improvement has been completed as of April 28, 1971.
Laws 1977, c. 256, § 36-409, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-410. Laying out or widening across public property - Declaration of necessity - Exceptions.

Whenever the municipal governing body deems it necessary for public use and convenience to extend, open, widen, or lay out any street or avenue over, upon or across any public property which is wholly within the municipal limits and which is owned by the state, county, school district, or board of education, the governing body by ordinance shall declare the public necessity for the use of such street. Public property which is actually covered by a public building may be taken for the purposes named in this section upon approval by the appropriate governing body or officer of the governmental agency which has title to the building.
Laws 1977, c. 256, § 36-410, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-411. Description of property - Delivery of copy of ordinance - Making improvements.

The ordinance of necessity shall particularly describe the tract of land necessary to be taken for public use and a copy of the ordinance, duly certified by the municipal clerk, shall be delivered to:
1. The Governor, if the property to be taken is state property;
2. The county clerk, if the property to be taken is county property; and
3. To the clerk of the school district or board of education, if the property to be taken is school property.
Upon passage and proper delivery of the ordinance of necessity, the municipality shall have the power to immediately enter upon the land and improve it by opening, widening, extending or laying out, over, upon and across the land a street or avenue, and the land so taken shall become a part of the street system of the municipality. When the ordinance of necessity has been passed, it shall be considered conclusive evidence in any court of the public necessity for opening, widening, or laying out such street.
Laws 1977, c. 256, § 36-411, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-412. Compensation to owner - How ascertained - Exempting land from assessment.

A. No compensation shall be paid to the state, county, school district or board of education for taking land for street purposes as provided in Sections 36-410 and 36-411 of this title, unless the property taken was acquired by purchase or condemnation or is held in a private and not a governmental capacity. If the land taken for street purposes was acquired by purchase or condemnation or is held in a private or proprietary capacity and not in a governmental capacity, then compensation shall be paid in accordance with the method for ascertaining damages in eminent domain proceedings for the taking of private property.
B. If the land taken for street purposes was not acquired by purchase or eminent domain proceedings and is not owned and held in a private or proprietary capacity, no expense, special assessment, or other charge shall be levied or assessed against the land so taken or any part thereof by reason of the opening, widening, extending, laying out, curbing, guttering, or paving of the street or avenue. The exemption from all such paving, special assessments and other expenses shall be in lieu of any compensation for the taking of the land for public streets.
Laws 1977, c. 256, § 36-412, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-413. Dedication of public property for street purposes.

Any board of county commissioners, board of education or school district shall have full power and authority at all times to offer to the public for public use and for street purposes any lands owned or held by it in any municipality, whether such lands be held in a governmental or private or proprietary capacity. To effect a dedication to the public, it shall only be necessary for the municipal governing body to adopt a resolution declaring the land described dedicated to public use as a public street or avenue.
Laws 1977, c. 256, § 36-413, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-414. Authority and control over property taken.

When public land has been appropriated for street purposes, as provided in Sections 36-410 through 36-413 of this title, such land shall not again be subject to the control or authority of the state, county, school district or board of education until and unless the land so taken shall be no longer used by the public for street purposes.
Laws 1977, c. 256, § 36-414, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-506. Authority's rates and fees for placement of a wireless facility, support structure or utility pole.

A. This section shall govern an authority's rates and fees for the placement of a wireless facility, wireless support structure or utility pole.
B. An authority may not require a wireless provider to pay any rates, fees or compensation to the authority or other person other than what is expressly authorized by this act for the right to use or occupy a right-of-way, for collocation of small wireless facilities on utility poles in the right-of-way or for the installation, maintenance, modification, operation and replacement of utility poles in the right-of-way.
C. Application fees shall be subject to the following requirements:
1. An authority may charge an application fee only if such fee is required for similar types of commercial development or construction within the authority's jurisdiction;
2. An application fee may not include:
a.
travel expenses incurred by a third party in its review of an application, or
b.
direct payment or reimbursement of third-party rates or fees charged on a contingency basis or a result-based arrangement;
3. An application fee for a collocation shall be limited to the cost of granting a permit for similar types of commercial development or construction within the authority's jurisdiction. The application and permit fees for collocation of small wireless facilities on an existing or replacement authority pole shall not exceed Two Hundred Dollars ($200.00) each for the first five small wireless facilities on the same application and One Hundred Dollars ($100.00) for each additional small wireless facility on the same application; and
4. The application and permit fees for the installation, modification or replacement of a utility pole and the collocation of an associated small wireless facility that are permitted uses in accordance with the specifications in subsection D of Section 3 of this act shall not exceed Three Hundred Fifty Dollars ($350.00) per pole for access to the right-of-way.
D. The rate for occupancy of the right-of-way shall not exceed Twenty Dollars ($20.00) per year per small wireless facility.
E. The rates to collocate on authority poles in the right-of-way shall not exceed Twenty Dollars ($20.00) per authority pole per year.
F. There shall be no rate charged for the installation, placement, maintenance, operation or replacement of micro wireless facilities that are strung on cables between existing utility poles, in compliance with the National Electrical Safety Code.
G. Rates provided in this section do not include any applicable charges for electric power. A wireless provider must pay separately for such services.
H. An authority may adjust the fees and rates it adopts under this section ten percent (10%) every five (5) years rounded to the nearest dollar.
Added by Laws 2018, c. 140, § 6, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-507. Exemption for investor-owned electric utilities or cooperatives.

This act does not impose or otherwise affect any tariff, contractual obligation or right, or federal or state law regarding utility poles, similar structures or equipment of any type owned or controlled by an investor-owned electric utility or electric cooperative.
Added by Laws 2018, c. 140, § 7, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-508. Activities in right-of-way – Exclusion of cable providers.

This section applies to activities in the right-of-way only. Nothing in this act shall be interpreted to allow any entity to provide services regulated under 47 U.S.C., Sections 521 to 573, without compliance with all laws applicable to such providers nor shall this act be interpreted to impose any new requirements on cable providers for the provision of such service in this state.
Added by Laws 2018, c. 140, § 8, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-509. Zoning, land use, planning and permitting authority - Exclusions.

Subject to the provisions of this act and applicable federal law, an authority may continue to exercise zoning, land use, planning and permitting authority within its territorial boundaries with respect to wireless support structures and utility poles. No authority shall have or exercise any jurisdiction or authority over the design, engineering, construction, installation or operation of any small wireless facility located in an interior structure or upon the site of any campus, stadium or athletic facility not owned or controlled by the authority, other than to comply with applicable codes. An authority shall evaluate the structure classification for wireless support structures under the latest version of ANSI/TIA-222. Nothing in this act authorizes the state or any political subdivision, including an authority, to require wireless facility deployment or to regulate wireless services.
Added by Laws 2018, c. 140, § 9, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-511. Jurisdiction for disputes – Rates pending resolution.

A court of competent jurisdiction shall have jurisdiction to determine all disputes arising under this act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles and nonauthority poles, the person owning or controlling the pole shall allow the collocating person to collocate on its poles at annual rates of no more than Twenty Dollars ($20.00) with rates to be trued up upon final resolution of the dispute.
Added by Laws 2018, c. 140, § 11, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-36-512. Indemnification, insurance and bonding requirements.

A. An authority may adopt indemnification, insurance and bonding requirements related to small wireless facility permits subject to the requirements of this section.
B. An authority may require a wireless provider to defend, indemnify and hold harmless the authority and its officers, agents and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses and attorney fees resulting from the installation, construction, repair, replacement, operation or maintenance of wireless facilities, wireless support structures or utility poles to the extent caused by the wireless provider, its contractors, subcontractors and their officers, employees or agents. A wireless provider has no obligation to defend, indemnify or hold harmless an authority, its officers, agents or employees against any liabilities or losses due to or caused by the sole negligence of the authority or its employees or agents.
C. An authority may require a wireless provider to have in effect insurance coverage naming the authority and its officers, agents and employees as additional insureds against the claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses and attorney fees described in subsection B of this section, so long as the authority imposes similar requirements on other right-of-way users and such requirements are reasonable and nondiscriminatory.
D. An authority may require a wireless provider to furnish proof of insurance, if required, prior to the effective date of any permit issued for a small wireless facility.
E. An authority may adopt bonding requirements for small wireless facilities if the authority imposes similar requirements in connection with permits issued for other right-of-way users.
1. The purpose of such bonds shall be to:
a.
provide for the removal of abandoned or improperly maintained small wireless facilities, including those that an authority determines need to be removed to protect public health, safety or welfare,
b.
restoration of the right-of-way in connection with removals under this paragraph, or
c.
recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the authority of any of the noncompliance listed above and an opportunity to cure.
2. An authority shall not require either of the following under paragraph 1 of this subsection:
a.
a cash bond, unless any of the following apply:
(1)
the wireless provider has failed to obtain or maintain a bond required under this section, or
(2)
the surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider, or
b.
a bond in an amount exceeding One Thousand Dollars ($1,000.00) per small wireless facility.
Added by Laws 2018, c. 140, § 12, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-101. Definitions.

For the purpose of Sections 37-101 through 37-127, the term "waterworks" shall mean any water supplies, facilities, plants and equipment necessary for the supply and distribution of water, including, but not limited to, dams, lakes, reservoirs, canals, wells, water plants and pipelines.
Laws 1977, c. 256, § 37-101, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-102. General powers as to waterworks and water supply.

The municipal governing body may purchase, erect, lease, rent, manage, and maintain any system or part of a system of waterworks and water supply. It may establish and alter the channels of watercourses and may establish and regulate wells, cisterns, aqueducts, and reservoirs of water. The governing body may pass all ordinances, penal or otherwise, that are necessary and proper for the full protection, maintenance, management, and control of said facilities, may make provisions for taxes for these purposes, and may do all things necessary and proper in its discretion to exercise the powers authorized by the Constitution and laws of this state and to further the ability of the municipality to provide water supplies, services, and facilities.
Amended by Laws 1984, c. 126, § 65, eff. Nov. 1, 1984.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-103. Appropriation of land and water rights.

A. The municipal governing body may dam any river or stream which is not navigable, and condemn, appropriate and divert the water from such river or stream, or so much thereof, as may be deemed necessary; and may condemn and appropriate in the name of and for the use of the municipality any land located in or outside of the corporate limits of the municipality as may be necessary for the construction and operation of waterworks. The appropriation of land or of water rights by any municipality shall be governed by the procedure prescribed for the condemnation of land for railway purposes. The water and the right to divert the water may be described, at the option of the municipality, in capacity by a given number of gallons daily, or as a quantity sufficient for the purposes. Upon the payment made or deposit of the award of the commissioners to the clerk of the district court, the municipality shall be vested with the perpetual right to use the land so condemned and the right to divert the water so condemned for the purposes mentioned herein. The exercise of this power shall be a continuing right and not exhausted by one or more exercises thereof. B. The provisions of this section and Sections 37-104 and 37-105 of this title shall be construed as cumulative to the rights and powers already possessed by municipalities to purchase, take and condemn land for public uses.
Laws 1977, c. 256, § 37-103, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-104. Acquiring lands - Protection from contamination.

Any municipality may purchase or condemn and hold the perpetual right to use any lots or lands, either within or without the corporate limits of the municipality, which the municipal governing body determines by resolution to be necessary for acquisition by the municipality in order to locate and build or enlarge, at the time or in the future, waterworks and every auxiliary part thereof, including reservoir site or sites to be flooded, and the lands adjacent thereto and within six hundred sixty (660) feet of the margin of the reservoir at maximum high water. The governing body may protect from possible contamination or pollution and police any such lands in order to protect any reservoir already constructed or proposed to be constructed or enlarged as a part of any municipal waterworks plant or water supply, the waters thereof, and the waters flowing therein or percolating or seeping thereto. The property and land so acquired before and after the passage of this subarticle, insofar as such lands are within six hundred sixty (660) feet of the margin of a reservoir at maximum high water and necessary for natural drainage into the reservoir, shall not be used by the municipality, its lessees or assigns, or other persons or corporations, for any purpose other than the protection of the reservoir and the waters thereof from contamination and pollution. No structures shall be placed on such lands by the municipality, individual or corporation, except as are necessary in the furtherance of the protection of the reservoir from contamination or pollution, and in the use of the water.
Laws 1977, c. 256, § 37-104, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-105. Condemnation procedure for acquiring land for waterworks.

A municipality is vested with the power of eminent domain for the purpose of acquiring lands for the location and building or enlargement of waterworks. The proceedings for the condemnation thereof, including the notices, appointment of commissioners, assessment of damages, possession, payment of compensation and appeals, shall be the same as is provided by law for the condemnation of lands for railroad purposes. It shall not be necessary in such condemnation proceedings to allege or prove any negotiations for the purchase of any lands or interests therein with:
1. The owner or owners or claimants of any property sought to be condemned, where such ownership does not appear clearly from the title records in the office of the county clerk of the county where the lots or lands are situated; or
2. The heirs of the person or persons who appear from such records to be the owner or owners, or persons who hold or claim under such heirs, and the lands have not been partitioned at the time the petition to condemn is filed.
The notice of application for appointment of commissioners to assess damages in condemnation proceedings may be given by publication as provided by law regulating the condemnation of lands for railroad purposes for notice to nonresidents.
Laws 1977, c. 256, § 37-105, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-106. Issuing bonds - Election.

To defray the cost of procuring waterworks, and the election provided in this section, the municipal governing body may provide for the issuance of bonds of the municipality. Before any bonds may be issued, the municipal governing body shall submit the question of issuing the bonds to the registered voters of the municipality at any general election or special election called by them for that purpose. Notice of the election shall be given in the manner provided by law for municipal elections; and the election shall be conducted in all respects as other municipal elections.
Laws 1977, c. 256, § 37-106, eff. July 1, 1978.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-107. Bonds for waterworks - Form.

Upon the approval of a majority of the registered voters of the municipality voting on the question, the bonds shall be issued by the governing body in the manner provided by the Constitution and laws of Oklahoma. Bonds issued under this section shall be payable not more than twenty-five (25) years from the date of their issue, with interest thereon at a rate not exceeding a maximum rate established by law. The bonds shall be signed by the mayor and countersigned by the municipal clerk. Facsimile signatures may be used as provided in the Registered Public Obligations Act of Oklahoma.
Amended by Laws 1983, c. 170, § 18, eff. July 1, 1983.
2023 Oklahoma Statutes › Title 11. Cities and Towns › §11-37-108. Employment of engineers - Acts necessary for erection, operation and repair.

The municipal governing body may appoint and employ all engineers and other officers to superintend and operate waterworks both during and after the construction of the same as may be necessary. The governing body may do all acts it deems necessary for the erection or operation, alteration and repair of the waterworks.
Laws 1977, c. 256, § 37-108, eff. July 1, 1978.