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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3642 By: Dempsey
AS INTRODUCED
An Act relating to cities and towns; amending 11 O.S.
2021, Section 2-104, which relates to municipal
incorporation; modifying requirements for urban
annexed areas to be within corporate limit of
municipality; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 2 -104, is
amended to read as follows:
Section 2-104. A. Except as otherwise provided by subsections
B and C of this section, no territory within five (5) miles of the
corporate limits of a municipality having a population of m ore than
two hundred thousand (200,000), and no territory within three (3)
miles of the corporate limits of any mun icipality having a
population less than two hundred thousand (200,000), according to
the latest federal census Federal Decennial Census , shall be
included in the surv ey and plat provided in Section 2-103 of this
title or incorporated as a new municipality.
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B. Territory within five (5) miles of t he corporate limits of a
municipality having a population of more than two hundred thousand
(200,000) may incorporate as a ne w municipality if it can be proved
to the board of county commissioners by documentation t hat the
territory has historically been i dentified as a community of people
residing in compact form. Such territory shall be included in the
survey and plat provide d in Section 2-103 of this title or
incorporated as a new municipality.
C. Territory within three (3) miles of the corporate limit s of
a municipality having a population of less than two hundred thousand
(200,000) may incorporate as a new municipality if it can be proved
to the board of county commissioners by documentation that the
territory has historically been identified as a com munity of people
residing in compact form. Such territory shall be included in the
survey and plat provided in Section 2 -103 of this title or
incorporated as a new municipality.
D. Upon application of any person o r municipality affected, the
district court in the county where such territory is located may
afford appropriate relief for any violation of this section. Where
Urban urban areas annexed by a municipality which are completely
nonadjacent to the corporate limits of the municipality are or the
annexed territory of a municipality is otherwise nonadjacent or not
contiguous to the corporate limits other than through a connecting
strip, such nonadjacent or noncontiguous lands , along with any
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connecting strip(s), shall not be considered as within the corporate
limits of that municipality for the purposes of this section.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9734 MJ 12/15/21