reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1309. Acquisition.

To the extent that the governing body or board of county commissioners deems the acquisition of property necessary in the establishment of such limited access facility, the city or the county shall have full authority under the laws of eminent domain to acquire the real estate; provided, that to the extent that the cost of the acquisition shall be intended to be paid for by assessments in the manner provided for in this article, the city or county shall have authority to secure funds to the extent, and to the extent only, of the amount required for such acquisition by condemnation, in the manner provided in this article.
Laws 1968, c. 415, § 1309, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1310. Resolution for ordering improvement.

(a) After the expiration of time for objection on the part of the property owners, or if insufficient protest is filed, the governing body of the city or the board of county commissioners shall adopt a resolution determining that no protest has been filed, or that such protest, if filed, was insufficient, and expressing the determination of the governing body or board to proceed with the acquisition or construction, or both, of the limited access facility.
(b) The resolution shall state that the facility will be acquired or constructed, or both, in accordance with the plans, profiles and specifications theretofore adopted therefor, and shall state the material to be used in the construction thereof.
(c) The resolution shall set forth any reasonable terms or conditions that the governing body or the board shall determine proper with reference to letting the contract and the provisions thereof and shall provide that the contractor shall furnish, from time to time thereafter, as required by the governing body or board of county commissioners, such funds, in cash, as are by the city or county needed in its condemnation proceedings in the acquisition of the necessary sites and rights-of-way.
(d) The resolution shall provide that the contractor shall execute to the city or to the county good and sufficient bonds, in the amount to be stated in the resolution, for the faithful furnishing of such condemnation monies and also conditioned for the full and faithful execution of the work and the performance of the contract, and a further bond for the maintenance in good condition of such facility for a period of not less than five (5) years from the date of its completion.
(e) The resolution shall also require the execution of a good and sufficient bond to the State of Oklahoma conditioned on the payment of all labor and material used in the construction of the facility in the full amount of the contract price thereof.
(f) The resolution shall also direct the city or county clerk to advertise for sealed proposals for furnishing the materials and performing the work necessary in the construction of the facility. The notice for such proposals shall state the time and place where the same will be considered by the governing body or the board of county commissioners and shall be published in two consecutive Thursday issues of a daily newspaper or two consecutive issues of a weekly newspaper published in the county and of general circulation in the city or county.
Laws 1968, c. 415, § 1310, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1311. Award of contract.

(a) At the time and place specified in the notice to contractors, the governing body or the board of county commissioners shall examine all bids received and, without unnecessary delay, award the contract to the lowest and best bidder, who will perform the work and furnish the materials which have been selected and perform all the conditions imposed by the governing body or the board, as prescribed in the resolution for work and the notice for proposals.
(b) The aggregate amount of the contract shall not exceed the aggregate estimate of cost submitted by the engineer for the improvement and, in the event of any excess in cost over the engineer's estimate, such excess shall be void and no assessments for such excess levied.
(c) In the event any acquisition of site is necessary, the award of the contract may be made before or after the time such eminent domain proceedings as may be required are completed.
(d) The governing body or board of county commissioners shall have the right to award a contract for all or a portion of such limited access facility, or to reject any or all bids, and to readvertise for such further bids as in its judgment are desirable.
Laws 1968, c. 415, § 1311, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1312. Appeals to district court.

(a) From the action of the governing body or the board of county commissioners there shall be allowed an appeal to the district court by any person owning lands in the assessment area, upon filing a bond with sufficient penalty, not less than One Thousand Dollars ($1,000.00), with two or more sureties to be approved by the city or county clerk, as the case may be, conditioned that the appellant will prosecute his appeal without delay and pay all costs and damages that he may be adjudged to pay in the district court.
(b) The appeal shall be taken within ten (10) days after the order awarding the contract by serving a written notice on the city clerk or county clerk, as the case may be, which notice shall set out in detail, in numbered paragraphs, the grounds on which the appellant will rely on the appeal. A copy of the notice, together with a certified transcript of the proceedings before the board, shall be immediately transmitted by the clerk to the clerk of the district court, who shall docket it as other cases and set the same for speedy trial.
(c) The remedy herein provided shall be exclusive. No action or suit to question the jurisdiction of the governing body or board of county commissioners or their action in awarding the contract, or any part of their proceedings, shall be commenced and no appeal taken after the expiration of the ten-day period herein provided.
Laws 1968, c. 415, § 1312, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1313. Funds for acquisition.

(a) All monies required to be paid by the governing body of the board of county commissioners by reason of condemnation proceedings, and to the extent that the same are to be eventually paid by assessments levied in accordance with this article, shall be furnished by the contractor as from time to time needed in the progress of the condemnation proceedings.
(b) Upon the furnishing of any such sums there shall be delivered to the contractor by the governing body or the board of county commissioners an interim certificate, in the amount of the sum so furnished, naming the contractor as payee, dated of even date, and bearing six percent (6%) interest per annum. The certificate shall provide that it is issued in accordance with the provisions of this article, and payable only in the manner herein provided. The certificate shall be signed by the mayor or chairman of the governing body or board, as appropriate, and attested by the city or county clerk. It shall be in all respects negotiable, and shall be conclusive evidence of the fact that the sums were so furnished by the payee for the purpose aforesaid.
(c) If through default or failure of the city or county to complete the acquisition of the necessary property or shall fail to complete the limited access facility, the owner or holder of the certificate shall then, and in that event only, be entitled to personal judgment against the city or county so issuing the certificate, which judgment may be collected as provided by law.
Laws 1968, c. 415, § 1313, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1314. Railroads and street railways to pave - Warning signals.

(a) When a railroad or railway shall occupy any portion of a limited access facility with its tracks, either running in a general direction thereto or otherwise, the governing body or the board of county commissioners or the Commission may require such railroad or railway company to pave so much of the facility as may be occupied by its track or tracks and three (3) feet on each side, and when more than one track crosses within a distance of (one hundred) 100 feet, measuring from inside rail to inside rail, the company shall grade, gutter, drain, curb, pave or otherwise improve between its tracks in the same manner as the facility itself.
(b) The Corporation Commission of the State of Oklahoma may require warning signals at grade crossings at intersections of railroad and limited access facilities and may require grade separations at intersections of railroads and limited access facilities. The determination of whether such warning signals and grade separations shall be required, the location thereof, the type thereof, and the distribution of the cost thereof shall be determined by the Corporation Commission in accordance with the provisions of 17 O.S.1961, Sections 81 to 84, inclusive.
Laws 1968, c. 415, § 1314, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1315. Appointment of appraisers.

(a) After the work covered by the contract has been completed, the engineer shall prepare and file with the city or county clerk a final, complete and accurate statement of the cost of the work covered by the contract. Such statement shall cover the engineering, appraising, advertising, and the expenses incurred, or to be incurred, by the city or county incident thereto, but shall exclude the cost of acquisition. The engineer shall file at the same time a statement of the portion thereof previously determined by the governing body or the board of county commissioners to be assessed. Upon the filing of the statements by the engineer, the governing body of the city or the board of county commissioners shall adopt and confirm the same if found to be correct.
(b) The engineer's report shall also include a proposed schedule of estimated assessments proposed to be made against each lot, tract and parcel of land included in the district. The governing body or the board shall, by resolution, appoint commissioners to appraise and apportion for the benefits of the several lots or tracts of land, exclusive of streets and alleys, located within the assessment district. The commissioners shall consist of three disinterested freeholders of the city or county, not owners of any of the property to be assessed. Such commissioners shall be paid not to exceed Ten Dollars ($10.00) for each day while actually employed in such service. The act of a majority of the commissioners shall have like force and effect as the act of all.
Laws 1968, c. 415, § 1315, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1316. Report.

(a) Within five (5) days after being notified of their appointment, the commissioners shall proceed to appraise and apportion the benefits to such lots and tracts of land, exclusive of streets and alleys, as are located within the assessment district, after having taken an oath to make a full and impartial apportionment. Any error in the description of a lot, parcel or tract of land liable for assessment shall not invalidate such assessment or lien thereof.
(b) The commissioners shall use as a guide the estimated assessments theretofore prepared by the engineer, but the estimates shall not be binding upon the commissioners.
(c) The commissioners shall have full and complete authority to vary the total assessment as between the various tracts, pieces and parcels of land, depending upon their nearness or remoteness to the facility, and nearness or remoteness to points of access to the limited access facility and any other factors that to the commissioners may appear as resulting in greater benefit to one such tract or parcel of ground than another.
(d) A written report of such apportionment shall be returned and filed with the city or county clerk, within fifteen (15) days from the date of the notice to them of their appointment.
Laws 1968, c. 415, § 1316, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1317. Hearing objections.

When the report shall have been so returned, the governing body of the city or board of county commissioners shall appoint a time for holding a session to hear any complaints or objections that may be made concerning the apportionment. Notice of such hearing shall be published by the city or county clerk in five consecutive issues of a daily newspaper or in two consecutive issues of a weekly newspaper published in the county and in general circulation in the city or county. The time fixed for the hearing shall be not less than five (5) days nor more than fifteen (15) days from the date of the last publication.
Laws 1968, c. 415, § 1317, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1318. Correction of apportionment.

The governing body of the city or the board of county commissioners at such session, or at any adjournment thereof, shall have the power to review, modify or correct the appraisement and apportionment, and to raise or lower the same as to any lots or parcels of land, as it shall deem just, and shall, by resolution, confirm the same as so revised and corrected. At such session any party interested may file objections in writing against the validity or amount of any proposed assessment and shall have full opportunity to be heard thereon; and any objections to the regularity of the proceedings with reference to the construction of the improvements or the validity or the amount of the assessment shall be waived unless presented at the time and in the manner herein specified.
Laws 1968, c. 415, § 1318, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1319. Public property.

Any property which shall be owned by the city or county, or a school district, shall be treated and considered the same as the property of other owners, and such city, county, or school district within such district to be assessed shall annually provide by the levy of taxes in sufficient sum to pay the maturing assessment and interest thereon, until paid.
Laws 1968, c. 415, § 1319, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1320. Manner of assessments.

Assessments in conformity to the appraisement and apportionment as corrected and confirmed by the governing body of the city or the board of county commissioners shall be payable, in cash, in ten equal installments, and shall bear interest at a rate not to exceed seven percent (7%) per annum until paid, payable in each year at such time as the several installments are made payable. The governing body of the city or the board of county commissioners shall by ordinance or resolution levy assessments in accordance with the appraisement and apportionment, as so confirmed, against the various tracts, pieces and parcels of land liable therefor, exclusive of streets and alleys. The ordinance or resolution shall provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments without interest at any time within thirty (30) days from the date of the first publication of the ordinance or resolution.
Laws 1968, c. 415, § 1320, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1321. Assessments for cost of acquisition.

(a) In the event condemnation proceedings have been instituted in connection with the construction of such limited access facility and interim certificates have been issued by the governing body or board of county commissioners in accordance with this article, at such time as all the proceedings become final and it may thus be determined with definiteness the exact amount of money so advanced by the contractor for that purpose, the governing body or the board of county commissioners shall, by resolution, determine the exact sum, together with accrued interest, due to the owners and holders of the outstanding certificates, and shall appoint a time for holding a session to apportion such total sum, and to hear objections thereto.
(b) Notice of such hearing shall be published by the city or county clerk in five consecutive issues of a daily newspaper or in two consecutive issues of a weekly newspaper published in the county and in general circulation in the city or county. The time fixed for hearing shall not be less than five (5) days nor more than fifteen (15) days from the date of the last publication.
(c) At the time and place specified in such notice the governing body or the board of county commissioners shall apportion the amount among the tracts, pieces and parcels of land in exact ratio and pro rata to the apportionments theretofore made in accordance with this article for the cost of construction; and objections and complaints shall be limited to whether or not such apportionments are, or are not, in strict ratio or in identical proportions to such previous assessment.
(d) The apportionments shall be levied by ordinance or resolution, which shall provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments without interest at any time within thirty (30) days from the date of the first publication of the ordinance or resolution.
Laws 1968, c. 415, § 1321, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1322. Assessments - How payable.

(a) All special assessments made under the provisions of this article and each installment and interest thereon are hereby declared to be a lien against the lots, tracts and pieces of land so assessed from the date of the publication of the ordinances or the adoption of the resolution levying the same, coequal with the lien of other taxes and prior and superior to all other liens, and such lien shall continue until the same shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.
(b) As soon as each or either of the assessing ordinances or resolutions is adopted, the city or county clerk shall prepare a book which shall be known as the "limited access assessment record", in which shall be entered the description of each lot, tract or parcel of land with a blank space for entering the amount of assessment and suitable columns for entering each installment thereof and date regarding the payments thereon.
(c) With respect to assessments made by the board of county commissioners, within fifteen (15) days after the adoption of the assessing resolution a full and complete copy thereof, together with the "limited access assessment record", shall be certified by the county clerk to the county treasurer and shall thereafter be a permanent record of his office and all collections thereunder shall be made and disbursed by the county treasurer.
Laws 1968, c. 415, § 1322, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1323. Assessments - When payable.

(a) The first installment of such assessment, together with interest upon the whole assessment from the date of the passage of the assessing ordinance or resolution to the first of the next September, shall be due and payable on or before the 1st day of September, next succeeding the passage of the ordinance or resolution; provided, that if such assessing ordinance or resolution is not passed prior to the 1st day of July, the first installment of the assessment shall be due and payable with interest from the date of passage to the 1st day of September of the following year.
(b) In case any installment or interest is not paid when due, the unpaid installment and the unpaid interest thereon shall draw interest at the rate of twelve percent (12%) per annum from maturity until paid, except as hereinafter otherwise provided.
(c) With respect to assessments levied by any city, such assessments and interest whether collected by the city or the county treasurer shall be paid to the city treasurer, who shall keep the same in a separate special fund for the purpose of paying the bonds and interest coupons thereon issued against such assessments.
(d) With respect to assessments levied by any board of county commissioners, the same shall be collected by the county treasurer who shall keep the same in a separate special fund and shall disburse the same in the payment of bonds and interest coupons thereon issued against such assessments.
(e) After the payment of all bonds and interest thereon, any surplus remaining in the fund shall be used by the city or the board of county commissioners for the purpose of repairing or maintaining the limited access facility and for no other purpose whatsoever.
Laws 1968, c. 415, § 1323, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1325. Delivery of bonds.

The bonds in the amount that may be necessary for such purpose shall be turned over and delivered to the contractor in payment of the amount due and payment of the cost of construction in accordance with the terms of his contract, including advertising, engineering and appraising costs. Bonds shall be issued to retire such interim certificates together with accrued interest thereon to the date of the bonds in the amount necessary for such purpose and shall be turned over and delivered to the owners or holders of such certificates in full payment and satisfaction thereof.
Laws 1968, c. 415, § 1325, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1326. Collection of assessments.

(a) The assessments provided for and levied under the provisions of this article shall be payable in cash as the several installments become due, together with the interest thereon, to the clerk of such city or the county treasurer, as appropriate, who shall give proper receipts for such payments and credit the same upon the "limited access assessment record."
(b) The city clerk shall be required to execute a good and sufficient bond, with sureties, in an amount to be approved by the governing body, payable to the city, conditioned for the faithful performance of the duties enjoined upon him by this article as collector of the assessments.
(c) It shall be the duty of the city clerk to keep an accurate account of all such collections made by him and to pay to the city treasurer daily the amounts of the assessments collected by him. The amounts so collected and paid to the city treasurer shall constitute a separate special fund to be used and applied to the payment of such bonds and the interest thereon, as herein provided.
(d) It shall be the duty of the city clerk promptly after the date of maturity of such installment or interest and on or before the fifteenth day of September in each year to certify the installment and interest then due to the county treasurer of the county in which the city is located. All installments, together with interest, so certified to the county treasurer and all installments, together with interest, of all assessments levied by the board of county commissioners shall be by the county treasurer placed upon the November delinquent tax list of the same year prepared by the treasurer of such county, and collected as other delinquent taxes are collected.
(e) It shall be the duty of the county treasurer to collect such installments of assessment, together with interest and penalty, as herein provided, but any taxpayer shall have the right to pay his ad valorem taxes to the county treasurer regardless of the delinquency of such assessments; and within thirty (30) days from the receipt of such delinquent assessments, interest and penalty, so certified to the city and so collected by the county treasurer, the same shall be paid by the county treasurer to the city treasurer for disbursement in accordance with the provisions of this article. Upon the receipt of installments, together with interest or penalty, or both, of those assessments levied by the board of county commissioners the county treasurer shall retain the same in a special fund for disbursement in accordance with the provisions of this article.
Laws 1968, c. 415, § 1326, operative July 1, 1968. d
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1327. Enforcement of assessment.

(a) The holder of any improvement bond issued under the provisions of this article shall have the right to institute, in the name of the city or county issuing such bond, an action in the district court of the county in which such property is located to foreclose the lien of such assessment whenever the assessment or any installment thereof is delinquent at least for a period of twelve (12) months. Such petition shall state generally the ownership of the bond, describe the property assessed, the nature of the improvement, the amount of the unpaid delinquent assessment and penalty thereon at the rate of twelve percent (12%) per annum, and shall pray for the foreclosure of the lien.
(b) Summons shall be issued on such petition as in other civil actions and the cause tried by the district court. Judgment may be entered thereon for the amount of such unpaid assessment or installment, together with interest thereon at the rate of twelve percent (12%) per annum from the date the assessment or installment was due and payable up to the time of the institution of such action and for the sum of six percent (6%) interest on the judgment from the time of the institution of the action until the judgment is paid.
(c) In the event the judgment, together with interest and costs, is not paid within six (6) months after the date of the rendition thereof, an order of sale shall issue by the clerk of the court, directed to the sheriff of the county, to sell the real estate in manner and form as in case of sale of real estate under execution. The judgment shall carry the costs of the action, together with the costs of the sale; and upon the payment of the judgment, the amount thereof exclusive of such costs shall be paid to the city or county treasurer, as appropriate, and become a part of the separate, special fund to pay such outstanding bonds and interest thereon. The judgment shall provide for the sale of the real estate subject to existing general or ad valorem taxes and assessments. All owners or incumbrancers shall be made parties defendant in the suit. Upon the institution of an action to collect delinquent and unpaid assessments in any district against property liable therefor, no other or further action shall be instituted and maintained to collect such delinquent assessment against the property for the year. No statute of limitation shall commence to run until one (1) year after the maturity of the last installment of the assessment.
Laws 1968, c. 415, § 1327, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1328. Setting aside assessments - Limitations.

(a) No suit shall be sustained to set aside any assessment or to enjoin the governing body of any city or the board of county commissioners from levying or collecting any such assessment or installment thereof or interest or penalty thereon, or issuing the bonds, or providing for their payment or contesting the validity thereof on any ground, or for any reason, other than for failure of such governing body or such board to adopt and publish the resolution declaring the necessity for the improvements and publication thereof, and to give notice of the hearing on the return of the appraisers unless the suit shall be commenced not more than fifteen (15) days after the date of the last publication of the ordinance levying assessments.
(b) No suit shall be sustained after the work has been completed and accepted by the city or county except for failure to give such notice of the preliminary resolution of necessity or failure to give the notice of the hearing on such return of the appraisers.
(c) However, in the event any special assessment shall be found to be invalid or insufficient in whole or in part, for any reason whatever, the governing body or board of county commissioners may at any time in such manner provided for levying an original assessment proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.
Laws 1968, c. 415, § 1328, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1329. Accepting improvements.

Upon the completion of the improvement, the governing body of the city or the board of county commissioners shall determine whether or not such work has been completed in accordance with the plans, profiles, specifications and contract therefor, and if found to be in compliance therewith, shall accept the same; and when it is so accepted, such action shall be conclusively binding upon all persons interested and upon the Court.
Laws 1968, c. 415, § 1329, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1330. Payment of cost of acquiring right-of-way.

Any county or city shall have authority to pay all or any part of the cost of acquiring all or any part of any right-of-way necessary for the establishment of any such "limited access facilities" out of general funds or the proceeds of bonds voted for such purpose, whether such right-of-way is within or without the corporate limits of any such city; provided such limited access facility or part thereof shall have been previously designated by the board of county commissioners and the county planning commission of such county, or by the governing body of the city and the city planning commission of the city, as the case may be, or by all the same, as a necessary part of a comprehensive plan for a system of streets or highways for the adequate movement of traffic in, out, through or around such county or city.
Laws 1969, c. 415, § 1330, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1331. Powers of state and governing bodies.

Within their respective jurisdictions, the State of Oklahoma through the Commission, and the governing body of every city within the provisions of this article, and the board of county commissioners of each county, acting alone, or in cooperation with any federal, state, county or city agency having authority to participate in the construction or maintenance of highways, shall have authority to plan, designate, establish, regulate, vacate, alter, improve, maintain and provide limited access facilities; and may designate the whole or any part or parts thereof as parkways, or as heavy traffic highways, or may otherwise limit or specify the type of traffic entitled to use the same. For the purposes of this article, each city within the provisions of this article, and every county within the state, shall have authority to acquire property and rights-of-way for limited access facilities by gift, devise, purchase or condemnation in the same manner as may be authorized by law for the acquisition of such property or property rights for highways and streets within their respective jurisdictions. The decision by any such governing body that any such limited access facility constructed, or to be constructed, is a public utility shall be final and conclusive.
Laws 1968, c. 415, § 1331, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1402. Interference with public use by public utilities forbidden.

The rights granted pursuant to this act shall not be exercised as to interfere with the free and ordinary use of public highways or the exercise of the rights of other public utilities lawfully located on the highways. The Corporation Commission shall have authority to hear and determine all complaints and controversies involving any interference with public rights, or the right of other public service concerns in connection with the exercise of the rights and authority granted to public utilities, pursuant to this act and fix reasonable terms and conditions to be complied with by the respective parties. Proceedings on complaints pursuant to this act shall be upon notice and subject to the right of appeal as in other cases where notice and right of appeal is granted under the laws of this state and the Department of Transportation shall be given notice of any complaint filed or hearing set, and shall have the right to appear on all related issues.
Added by Laws 1968, c. 415, § 1402, operative July 1, 1968. Amended by Laws 2004, c. 137, § 2, emerg. eff. April 20, 2004.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1501. State Highway Construction and Maintenance Fund.

(a) All monies received by taxation or otherwise for use on the state highways of this state shall, unless otherwise provided by law, be placed in the State Treasury in a fund to be known as the State Highway Construction and Maintenance Fund. The fund shall also consist of revenues specifically apportioned to such fund by provisions of the Oklahoma Statutes.
(b) All monies remaining in the State Highway Construction and Maintenance Fund created by 69 O.S. 1961, Section 44(d), when this Code becomes effective, and all other assets thereof, and all taxes, revenue and other funds payable to or required to be deposited in such fund under the provisions of other laws when this Code becomes effective, shall be transferred to, be deposited in and be a part of the State Highway Construction and Maintenance Fund created by this section; and the latter fund shall be liable for the payment of all outstanding obligations existing against the former fund.
(c) Of the monies deposited in the State Highway Construction and Maintenance Fund pursuant to the apportionment of Motor Fuels Tax Fees provided in Section 1 of this act, the lesser of Ten Thousand Dollars ($10,000.00) and one and one-half percent (1 1/2%) of such monies may be used for the development and maintenance of alternative fuel corridors as defined by the Federal Highway Administration.
Added by Laws 1968, c. 415, § 1501, operative July 1, 1968. Amended by Laws 2017, c. 347, § 2, eff. Nov. 1, 2017.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1501.1. State Transportation Fund.

A. There is hereby created in the State Treasury a revolving fund to be designated as the "State Transportation Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of revenues apportioned to such fund by provisions of the Oklahoma Statutes imposing taxes upon various motor fuels and of such other revenues as may be provided by law.
B. All monies accruing to the credit of the State Transportation Fund are hereby appropriated and shall be used for the construction, repair and maintenance of state highways; for other transportation systems; and for such other transportation purposes as the Legislature may authorize.
Added by Laws 1989, 1st Ex. Sess., c. 1, § 5, eff. July 1, 1990. Amended by Laws 2006, 2nd Ex. Sess., c. 45, § 10, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1502.1. Death traps on highways - Expenditures to eliminate.

From and after the effective date of this act, the Oklahoma Highway Commission shall expend a sum not less than One Million Dollars ($1,000,000.00) each fiscal year, exclusive of the highway maintenance fund, for the projects designed for widening, resurfacing and eliminating death traps on the roads and highways of Oklahoma. "Death traps", as used in this act, shall mean those conditions of the roads and highways of this state so impaired or hazardous as to constitute a threat to the safety of persons or property traveling over or upon such roads or highways.
Laws 1968, c. 276, § 1, emerg. eff. April 30, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1503. Money for use on county roads - County highway fund.

(a) All monies raised for use on the county highways in each county, or apportioned to each county for road purposes, from any source, including all funds and monies derived by law, levy, taxation, or apportionment shall, unless otherwise provided by law, be placed in the county treasury in a fund to be known as the county highway fund, to be expended on order of the board of county commissioners on county highways as defined herein, or on state highways within their respective counties including the lighting thereof, if, in the judgment of the board of county commissioners, such expenditure would be just and equitable and for the best interest of the county.
(b) When state or federal funds are available for assistance in constructing county roads or bridges, the board of county commissioners of any county may place on deposit with the commission such funds from the county highway fund, special highway funds and proceeds of county bond issues as may be necessary to obtain such state or federal funds, and the commission shall have authority to accept such county funds and bond monies and to use the same for the construction of county roads or bridges in the county depositing the funds, pursuant to contract agreement with the board of county commissioners of such county; provided, that the proceeds of any county bond issue so deposited with the commission may be used by the commission only for the designated purposes for which the bonds were issued.
(c) All monies remaining in a county highway fund created by 69 O.S. 1961, Section 44(e), and all other assets thereof, and all taxes, revenue and other funds payable to or required to be deposited in such fund under the provisions of other laws, when the Oklahoma Highway Code of 1968 becomes effective, shall be transferred to, be deposited in and be a part of the county highway fund created by this section in the same county; and the latter fund shall be liable for the payment of all outstanding obligations existing against the former fund.
(d) Expenditures allowed from the county highway fund may include the removal and disposal of storm debris and dead animal carcasses from county roads and rights-of-way thereof.
Added by Laws 1968, c. 415, § 1503, operative July 1, 1968. Amended by Laws 1977, c. 19, § 1, eff. May 20, 1977; Laws 2016, c. 193, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1504. Street improvement assessments - Payment from fund authorized.

The Commission, upon the filing of a claim as hereinafter provided, may pay and discharge out of funds accruing in the State Highway Construction and Maintenance Fund any and all matured or delinquent installments of special assessments for street improvements which were levied against and constituted a lien upon any real property acquired by the Commission for any purpose at the time of the acquisition thereof, provided such assessments constitute a valid lien upon the property at the time of the payment thereof which, except for the immunity of the state from suit, could be enforced in the manner provided for the enforcement of such liens.
Laws 1968, c. 415, § 1504, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1505. Claims - Filing - Itemization - Copy of proceedings - Claims not paid when collecting officers parties to condemnation proceedings.

(a) Claims for the payment of matured or delinquent installments of special assessments by the Commission in accordance with the provisions of the preceding section shall be filed with the Commission by the treasurer of the municipality in which the property is located, or the county treasurer if the installments have been certified as delinquent.
(b) Such claims shall be itemized so as to show the installment or installments due and delinquent, the amount and date of the original assessment, the special improvement district in which the property is located, and the balance of the assessment due thereon and such other information as the Commission may require.
(c) Upon the request of the Commission, the treasurer filing the claim shall furnish the Commission with a true and correct copy of the proceedings by which the district was created and assessment levied.
(d) No claim for payment of delinquent street improvement assessments shall be paid in cases where the property was acquired by condemnation and the bondholders or the officer or officers authorized by law to collect such installments or assessments were made parties defendant and served with notice.
Laws 1968, c. 415, § 1505, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1506. Printing service change Fund.

(a) The Commission may provide a special cash fund within the Printing Services Section of the Department to be identified as the printing service change fund, which shall be available for the purpose only of making change when payments are tendered for services of such section. The printing service change fund shall be maintained at a constant daily balance of Two Hundred Dollars ($200.00) cash on hand.
(b) All monies remaining in the Printing Service Change Fund provided for by Section 1 of Chapter 285, Oklahoma Session Laws 1965 (69 O.S. Supp. 1967, Section 92d), when this Code becomes effective shall be transferred to and be a part of the fund provided for by this section.
Laws 1968, c. 415, § 1506, operative July 1, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1507. Budget estimates - Road programs.

The Department shall file budget estimates with the Director of the Office of Management and Enterprise Services in the manner prescribed and at the time required by law, for each fiscal year of the ensuing biennium following each regular session of the Legislature. Planning of road programs shall be on a fiscal year basis and shall show the estimated amount of revenue available to finance such budget from existing revenue laws.
Added by Laws 1968, c. 415, § 1507, operative July 1, 1968. Amended by Laws 2012, c. 304, § 581.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1508. Reimbursement of contractors for city sales taxes paid.

The State Highway Department is hereby authorized to make reimbursement, from the State Highway Construction and Maintenance Fund in the State Treasury, to contractors who have been, or who may hereafter be, awarded construction or repair contracts for state highway projects and become subject to a city sales tax when such tax became effective following award of a contract. Any such contractor shall submit to the State Highway Department copies of invoices of taxes paid, the project number and the materials invoice that became subject to a city sales tax. The State Highway Department, after a review of the file, shall issue a voucher of payment to the contractor for the monies spent to satisfy the payment by the contractor of the city sales tax.
Laws 1968, c. 126, § 1, emerg. eff. April 4, 1968.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1509. Payment for auditing accounts of State Department of Transportation.

Payment to the State Auditor and Inspector for each fiscal year, from funds accruing to the State Highway Construction and Maintenance Fund, for auditing accounts of the State Department of Transportation, shall not exceed one-tenth of one percent (1/10 of 1%) of the total warrants issued by the State Department of Transportation during the previous fiscal year.
Laws 1978, c. 274, § 11, emerg. eff. May 10, 1978; Laws 1979, c. 288, § 14, emerg. eff. June 7, 1979.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1510. Special maintenance projects - Performing and carrying out.

Special maintenance projects under One Million Dollars ($1,000,000.00) may be performed and carried out by state special maintenance crews, who may also carry out projects above said amount, if in the judgment of the Transportation Commission the same shall be in the best interests of the State of Oklahoma, except that special maintenance projects involving asphaltic material overlay may be let to contract if the same shall be in the best interests of the state in the judgment of the Commission.
Added by Laws 1978, c. 274, § 12, emerg. eff. May 10, 1978. Amended by Laws 1991, c. 258, § 11, operative July 1, 1991; Laws 2006, c. 218, § 1, emerg. eff. June 6, 2006; Laws 2014, c. 352, § 1, eff. Nov. 1, 2014; Laws 2022, c. 73, § 1, emerg. eff. April 25, 2022.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1511. Encumbering matching funds.

Except for the highway funding program set forth in this act, of the monies accruing to the State Highway Construction and Maintenance Fund and dedicated for matching federal funds and for state-aid project contracts, not less than six percent (6%) shall be allocated and encumbered in any one commissioner's district. All highway projects listed on the five-year plan for transportation facilities developed to meet present and future needs of this state shall be subject to the allocation set forth in this section.
Added by Laws 1978, c. 274, § 13, emerg. eff. May 10, 1978. Amended by Laws 1997, c. 329, § 2, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1512. Total expenditure limitation for fiscal year.

No obligation shall be incurred by the Department of Transportation against the State Highway Construction and Maintenance Fund during any fiscal year in excess of the total amount of monies accruing to said fund during such fiscal year. Construction contracts and purchase orders issued by the Department of Transportation, setting forth the actual or estimated cost of construction as consideration for the cost of work to be done or services, supplies and equipment to be furnished, shall constitute obligations within the meaning of this act. Monthly, bimonthly or weekly payrolls of the Department of Transportation shall constitute current charges and shall become obligations against the State Highway Construction and Maintenance Fund at the time the payrolls are filed with the Director of the Office of Management and Enterprise Services for payment.
Added by Laws 1978, c. 274, § 14, emerg. eff. May 10, 1978. Amended by Laws 2012, c. 304, § 582.
2023 Oklahoma Statutes › Title 69. Roads Bridges and Ferries › §69-1513. Application of Oklahoma Budget Law of 1947.

To prevent obligations being incurred in excess of the revenue to be collected during any fiscal year, all monies accruing to the State Highway Construction and Maintenance Fund shall be subject to the provisions of the Oklahoma Budget Law of 1947.
Added by Laws 1978, c. 274, § 15, emerg. eff. May 10, 1978.