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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 1022 By: Olsen
AS INTRODUCED
An Act relating to municipal roads; amending 11 O.S.
2021, Section 36-113, which relates to construction,
improvement, repair, and mainten ance of municipal
roads; modifying when board of county commissioners
may construct, improve, repair, or maintain roadways;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 11 O.S. 2021, Section 36-113, is
amended to read as follows :
Section 36-113. A The Department of Transportation may, or the
board of county commissioners of any county or federally recognized
tribal government shall, by agreement with the g overning body of a
municipality having a population less than five thousand (5,000)
persons, construct, improve, repair or maintain any of the streets
of the municipality.
B. The board of county commissioners may construct, improve,
repair, or maintain an y of the streets of a municipality having a
population of less than five thousand (5,000) persons subject to
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agreement between the governing bodies of the county and the
municipality without regard to whether the municipality has passed a
sales tax with proceeds earmarked to construct, improve, repair or
maintain any of the streets or roadways of such municipality ;
provided, that the municipality has budgeted revenues of the
municipality to construct, improve , repair, or maintain any of the
streets or roadways of such municipali ty; provided, the county has a
population of less than one hundred fifty thousand (150,000)
persons.
C. The board of county commissioners may construct, improve,
repair or maintain any of the streets of a municipality having a
population of greater than five thousand (5,000) persons but less
than fifteen thousand (15,000) persons if the municipality has
passed a sales tax or fee with the proceeds earmarked to construct,
improve, repair or maintain any of the streets or roadways of suc h
municipality; provided, that the county has a population of less
than one hundred fifty thousand (150,000) persons.
D. C. Notwithstanding any provision of this section, the board
of county commissioners may construct, improve, repair, or maintain
any of the streets of a municipality if the county has a population
in excess of one hundred fifty thousand (150,000) persons according
to the most recent Federal Decennial Census. The agreements entered
into pursuant to the provisions of this subsection may be performed
without regard to whether the municipality has passed a sales tax
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with proceeds earmarked to construct, improve, repair or maintain
any of the streets or roadways of such municipality.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5387 MJ 11/30/22