OK
Oklahoma House Bill HB2264

Oklahoma 2023 Regular Session

Oklahoma House Bill HB2264 Compare Versions

Only one version of the bill is available at this time.
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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legisl ature (2023)
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3232 HOUSE BILL 2264 By: Sterling
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3838 AS INTRODUCED
3939
4040 An Act relating to the Oklahoma Turnpike Authority;
4141 amending 69 O.S. 2021, Section s 1705 and 1718, which
4242 relate to powers and duties o f the Oklahoma Turnpike
4343 Authority and judicial determination of validity of
4444 bonds; modifying certain duties of the Oklahoma
4545 Turnpike Authority; requiring Authority to conduct
4646 certain studies; requiring Aut hority to obtain
4747 certain approvals; requiring certain notice be given;
4848 requiring certain meetings; requiring certain
4949 collaboration; detailing ce rtain requirements for
5050 studies; modifying time frame following certain
5151 notice publication; and providing an effective date.
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5858 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5959 SECTION 1. AMENDATORY 69 O.S. 2021, Section 1705, is
6060 amended to read as follows:
6161 Section 1705. The Oklahoma Turnpike Authority is hereby
6262 authorized and empowered:
6363 (a) To adopt bylaws for the regulation of its affairs and
6464 conduct of its business.
6565 (b) To adopt an official seal an d alter the same at pleasure .
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9292 (c) To maintain an office at such place or places within the
9393 state as it may designate.
9494 (d) To sue and be sued in contract, reverse condemnation,
9595 equity, mandamus and similar actions in its own name, plead and be
9696 impleaded; provided, that any and all a ctions at law or in equity
9797 against the Authority shall be brought in the county in which the
9898 principal office of the Authority shall be located, or in the county
9999 of the residence of the plaintiff, or the county where the cause o f
100100 action arose. All privile ges granted to the Authority and duties
101101 enjoined upon the Authority by the provisions of Sections 1701
102102 through 1734 of this title may be enforced in a court of competent
103103 jurisdiction in an action in mandamus.
104104 (e) To construct, maintain, repair and operate turnpike
105105 projects and highways, with their access and connecting roads, at
106106 such locations and on such routes as it shall determine are
107107 determined to be feasible, and economically sound, and based upon
108108 reliable, data driven transportation pla nning and public policy
109109 pursuant to the studies required by paragraph F of this section ; .
110110 Provided, that until specifically authorized by the Legis lature, the
111111 Authority shall be authorized to construct and operate toll
112112 turnpikes only at the following locations:
113113 (1) The Turner Turnpike between Oklahoma City and Tulsa.
114114 (2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
115115 City and Wichita Fall s, Texas.
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142142 (3) The Northeastern (Will Rogers) Turnpike between Tulsa and
143143 Joplin, Missouri.
144144 (4) The Eastern (Indian Nation) Turnpike between Tulsa and
145145 Paris, Texas, including all or any part thereof between McAlester
146146 and the Red River south of Hugo.
147147 (5) The Cimarron Turnpike between Tulsa and Interstate Highway
148148 35 north of Perry, including a connection to Stillwater.
149149 (6) The Muskogee Turnpike between Broken Arrow and Interstate
150150 Highway 40 west of Webbers Falls.
151151 (7) All or any part of an extension of the Muskogee Turnpike,
152152 beginning at a point on Interstate Highway 40 near the present south
153153 terminus of the Muskogee Turnpike, and extending in a southeasterly
154154 direction on an alignment near Stigler, Poteau and Heavener to the
155155 vicinity of the Arkansas State Li ne to furnish access to Hot
156156 Springs, Texarkana, Shreveport and New Orleans.
157157 (8) A tollgate on the Turner Turnpike in the vicinity of
158158 Luther, Oklahoma, and in the vicinity of the intersection of State
159159 Highway 33 and Turner Turnpike in Creek County, Oklahom a, or in the
160160 vicinity of the intersection of State Highway 33 and Turner Turnpike
161161 or U.S. Highway 66 in Creek County, Oklahoma, from any monies
162162 available to the Authority.
163163 (9) Add on the Will Rogers Turnpike a northbound automatic
164164 tollgate onto State High way 28 and a southbound on-ramp from State
165165 Highway 28.
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192192 (10) A turnpike or any part or parts thereof beginning in the
193193 vicinity of Duncan extending east to the vicinity of the City of
194194 Davis, and extending in a northeasterly direction, by way of the
195195 vicinity of the City of Ada, to a connection in the vicinity of
196196 Henryetta or in the vicinity of the intersection of State Highway 48
197197 and Interstate 40; and a turnpike or any part or parts thereof from
198198 the vicinity of Snyder extending north to the vicinity of Woodw ard.
199199 (11) A turnpike or any part or parts thereof beginning at a
200200 point in the vicinity of Ponca City, or at a point on the Kansas -
201201 Oklahoma state boundary line east of the Arkansas River and west of
202202 the point where Oklahoma State Highway No. 18 intersects said state
203203 boundary line, and extending in a southeasterly direction to a
204204 connection with the Tulsa Urban Expressway System in the general
205205 area of the Port of Catoosa.
206206 (12) All or any part of an Oklahoma City toll expressway system
207207 connecting the resident ial, industrial and State Capitol Complex in
208208 the north part of Oklahoma City with the residential, industrial and
209209 Will Rogers World Airport Complex in the south and southwest parts
210210 of Oklahoma City.
211211 (13) A turnpike (The Industrial Parkway) or any part or parts
212212 thereof beginning at a point on the Oklahoma-Kansas state boundary
213213 line between the point where U.S. Highway 66 intersects the boundary
214214 line and the northeast corner of Oklahoma and ending by means of a
215215 connection or connections with Shreveport, Loui siana, and Houston,
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242242 Texas, in southeastern Oklahoma and at no point to exceed thirty
243243 (30) miles west of the Missouri or Arkansas border.
244244 (14) A turnpike or any part or parts thereof beginning in the
245245 vicinity of Velma or County Line to a point intersecting with
246246 Interstate 35 in the area south of Davis.
247247 (15) A turnpike or any part or parts thereof beginning in the
248248 vicinity of Watonga and extending south and/or east to the vicinity
249249 of north and/or west Oklahoma City.
250250 (16) A tollgate on the Will Rogers Turnp ike near the
251251 intersection of State Highway 137 and the Will Rogers Turnpike,
252252 located south of Quapaw.
253253 (17) A tollgate on the Muskogee Turnpike in the vicinity of
254254 Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
255255 vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in
256256 the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
257257 Turnpike at Elgin, Oklahoma, from any monies available to the
258258 Authority.
259259 (18) A tollgate on the Turner Turnpike in the vicinity of
260260 Wellston, Oklahoma, from any monies available to the Authority.
261261 (19) A tollgate on the Muskogee Turnpike in the vicinity of
262262 Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
263263 Oklahoma, from any monies available to the Authority.
264264 (20) All or any part of an Oklahom a City Outer Loop expressway
265265 system beginning in the vicinity of I-35 and the Turner Turnpike and
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292292 extending west into Canadian County and then south to I -40; and then
293293 south and east to I-35 in the vicinity of Moore and Norman; and then
294294 extending east and n orth to I-40 east of Tinker Field; and then
295295 extending north to the Turner Turnpike to complete the Outer Loop.
296296 (21) All or any part of the Tulsa south bypass expressway
297297 system beginning in the vicinity of the Turner Turnpike near Sapulpa
298298 and extending south and east to U.S. 75 in the vicinity of 96th
299299 Street to 121st Street; and then east across the Arkansas River to a
300300 connection with the Mingo Valley Expressway; and then south and/or
301301 east to a point on the Tulsa -Wagoner County Line near 131st street
302302 south in the city of Broken Arrow.
303303 (22) A new turnpike or any part thereof from near the west gate
304304 of the Will Rogers Turnpike south to the west end of south Tulsa
305305 Turnpike at the Tulsa -Wagoner County Line.
306306 (23) A new turnpike or any parts thereof from the vic inity of
307307 the connection between State Highway 33 and U.S. 69 easterly to the
308308 Arkansas State Line.
309309 (24) A four-lane extension of the Muskogee Turnpike from
310310 Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
311311 (25) A new turnpike or any part or parts thereof beginning at a
312312 point in the vicinity of northwest Tulsa, and extending in a
313313 northwesterly direction, by means of a connection or connections
314314 with the cities of Pawhuska and Newkirk, to a point intersecting in
315315 the vicinity of US Highway No . 77 and the Kansas State Line.
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342342 (26) A full access interchange on the Indian Nation Turnpike
343343 south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
344344 in the vicinity of the proposed theme park, museum or an industrial
345345 facility which qualifies f or the Oklahoma Quality Jobs Program Act,
346346 from any monies available to the Authority.
347347 (27) A new turnpike beginning at a point directly west of the
348348 Arkansas line and four -laning Highway 70 from that point to the
349349 farthest western reach of Highway 70 creati ng a southern route
350350 through Oklahoma.
351351 (28) A new turnpike and bridge or any parts thereof from a
352352 point in the vicinity of the city of Mustang southerly across the
353353 South Canadian River to the H.E. Bailey Turnpike in the vicinity of
354354 the city of Tuttle; and then easterly across the South Canadian
355355 River to a point in the vicinity of the city of Norman.
356356 (29) A new turnpike or any parts thereof beginning at a point
357357 in the vicinity of the city of Altus and extending in a
358358 northwesterly direction to a point in the vicinity of the city of
359359 Sayre.
360360 (30) A new turnpike or any parts thereof beginning at a point
361361 in the vicinity of the city of Enid and extending in a westerly
362362 direction to a point in the vicinity of the city of Woodward.
363363 (31) An on- and off-ramp or any parts thereof at Fletcher,
364364 Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
365365 intersection. Any existing on - or off-ramp or any parts thereof in
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392392 the vicinity of Fletcher, Oklahoma, shall not be removed and shall
393393 be maintained pursuant to S ection 1701 et seq. of this title.
394394 (32) A new bridge crossing the Arkansas River between South
395395 Delaware Avenue and Memorial Drive in Tulsa County. This project
396396 shall commence upon a determination by the Oklahoma Transportation
397397 Authority that such bridge shall be self-sufficient at some point
398398 over a thirty-year time period from the toll charges associated with
399399 the bridge project.
400400 (33) An exit ramp or any parts thereof from the eastbound lane
401401 of the Turner Turnpike at 96th Street in Tulsa.
402402 (34) An on- and off-ramp or any parts thereof on the Cimarron
403403 Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
404404 municipal limits.
405405 (35) A new turnpike or any parts thereof beginning at
406406 Interstate 44 at or near its intersection with 49th West Avenue,
407407 past State Highway 64/412, turning northeasterly, crossing 41st West
408408 Avenue, and continuing eastward to the L.L. Tisdale Expressway in
409409 Tulsa, Oklahoma.
410410 All access roads, interchanges, or lead roads connecting such
411411 turnpikes with existing highways must be buil t by funds furnished by
412412 the Authority.
413413 The minimum and maximum wages for the construction of the roads,
414414 highways and projects provided for in Sections 1701 through 1734 of
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441441 this title shall be in accordance with the schedules of wages used
442442 or adopted by the Commission in construction of state highways.
443443 The Authority is hereby authorized to enter into contracts or
444444 agreements with agencies and instrumentalities of other states or
445445 the national government for construction, maintenance and operation
446446 of interstate turnpikes or highways.
447447 The Authority is hereby required to construct and install
448448 automatic tollgates on the Will Rogers Turnpike at State Highway No.
449449 28 near Adair.
450450 (f) To issue turnpike revenue bonds of the Authority, payable
451451 solely from revenues, inclu ding the revenues accruing to the trust
452452 fund created by Sections 1701 through 1734 of this title, for the
453453 purpose of paying all or any part of the cost of any one or more
454454 turnpike projects. Provided that any bonds issued for the
455455 construction of the propos ed turnpike referred to in subparagraphs
456456 (10), (20), (21) and (22) of paragraph (e) of this section shall be
457457 issued as one issue for all four of the proposed turnpikes and shall
458458 be financed, constructed and operated under one bond indenture.
459459 Further provided that, prior to filing an application for
460460 approval of any bond issue with the Council of Bond Oversight , or
461461 subsequent, substantially equivalent body then in effect , and in any
462462 event, prior to the issuance of any bonds for any turnpike projects,
463463 the Authority shall do the following:
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491491 (1) conduct appropriate studies to meaningfully determine,
492492 evaluate, and identify the potential route corridors and alignments,
493493 the justification or need for the projects, the economic feasibility
494494 of the projects, the reasonable alternativ es, including but not
495495 limited to a no build alternative, to the proposed project and
496496 routes, and the specific impacts and effects the projec t will have
497497 on businesses, other organizations, citizens, and private and public
498498 property where the proposed projec t will be implemented,
499499 (2) notify, consult with, and obtain the express approval of any
500500 municipality, county, or federal or state agency that will have a
501501 turnpike project pass through, be located within, or otherwise
502502 substantially impact its jurisdict ion. In the case of a
503503 municipality or county, approval shall be in the form of an
504504 affirmative resolution of the duly elected city council or
505505 affirmative resolution of t he board of county commissioners, as the
506506 case may be, or a simple majority vote of the registered voters
507507 within that municipality or county at an election duly conducted for
508508 the purpose of such approval ,
509509 (3) provide actual notice via certified mail and f irst class
510510 mail to any and all real property owners, as shown by the current
511511 year's tax rolls in the office of the applicable county treasurer,
512512 located along or within one (1) mile in any direction of the
513513 specifically described route s or projects, providin g such owners
514514 with the reasonable opportunity to attend a public meeting or
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541541 meetings, and to provide public comment, on the routes or projects ,
542542 and
543543 (4) conduct one or more public meetings, upon reasonable notice,
544544 in each municipality and county that wi ll have a turnpike project
545545 pass through, be located within, or otherwise substantial ly impact
546546 its jurisdiction, in order to present, review, and receive public
547547 comment upon the turnpike project .
548548 New turnpike conception, alignments, corridors, route, and
549549 interchange placement design and engineering, among other facets,
550550 shall be a collaborative effort between the Oklahoma Turnpike
551551 Authority and any impacted municipalities, counties, and citizens
552552 with many stages for iterative, interactive input, public comm ent,
553553 and design. Turnpike projects shall be consistent, to the maximum
554554 extent feasible, with existing land use, transportation, and other
555555 comprehensive plans of the municipal and county governments in which
556556 such projects may be located or pass through.
557557 The studies required in this paragraph shall be conducted in
558558 such a way to limit con flicts-of-interest between consulting firms
559559 providing the justification and impact studies, and engineering
560560 firms contracted to perform design, right -of-way, corridor
561561 management, or construction work. All reasonable, good faith efforts
562562 shall be made to keep these activi ties separate. All studies shall
563563 be professionally reviewed, approved, and certified as having been
564564 based upon sufficient data or facts, and having utilized re liable
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591591 principles and methods, by a qualified, independent body or entity
592592 with appropriate creden tials and experience for evaluating the
593593 validity of such studies. All studies and potential proposed
594594 turnpike project routes shall be disclosed and made readi ly
595595 available to the public at the Authority’s offices, and on the
596596 Authority’s website, to inform d ecisions during the collaborative
597597 design and public input process .
598598 (g) To fix and revise from ti me to time tolls for the use of
599599 any turnpike projects.
600600 Any common carrier having authority at the time of opening any
601601 turnpike project to operate upon a highwa y approximately paralleling
602602 the turnpike project shall be granted without further showing
603603 authority to operate over the turnpike project to all municipalities
604604 which such carrier is serving at the time the turnpike project is
605605 opened to traffic. But nothing herein shall be construed as
606606 granting any new operation rights to any com mon carriers.
607607 (h) To acquire, hold, and dispose of real and personal property
608608 in the exercise of its powers and the performance of its duties.
609609 (i) To acquire in the name of the Aut hority by purchase or
610610 otherwise on such terms and conditions and in such m anner as it may
611611 deem proper, or by exercise of the right of condemnation in manner
612612 hereinafter provided, such public or private lands, including public
613613 parks, playgrounds, or reserva tions, or parts thereof or rights
614614 therein, rights-of-way, property, rights , easements, and intere sts,
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641641 as it may deem necessary for carrying out the provisions of Sections
642642 1701 through 1734 of this title; provided, that all public property
643643 damaged in carrying out the powers granted by Sections 1701 through
644644 1734 of this title shal l be restored or repair ed and placed in its
645645 original condition as nearly as practicable.
646646 (j) To designate, except as is provided for herein, the
647647 location, and establish, limit and c ontrol such points of ingress to
648648 and egress from each turnpike project as may be necessary or
649649 desirable in the judgment of the Authority to insure the proper
650650 operation and maintenance of such project, and to prohibit entrance
651651 to such project from any point or points not so designated.
652652 (k) To make and enter into all contracts an d agreements
653653 necessary or incidental to the performance of its duties and the
654654 execution of its powers, and to employ consulting engineers,
655655 attorneys, accountants, construction and fi nancial experts,
656656 superintendents, managers, and such other employees and a gents as
657657 may be necessary in its judgment, and to fix their compensation;
658658 provided, that all such expenses shall be payable solely from the
659659 proceeds of turnpike revenue bonds issued under the provisions of
660660 Sections 1701 through 1734 of this title or from r evenues; provided,
661661 further, no attorney employed by the Authority, nor any member of
662662 any law firm of which the attorney may be connected, shall ever be
663663 paid any fee or compensation f or any special or extraordinary
664664 services.
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691691 (l) To receive and accept from any federal agency gran ts for or
692692 in aid of the construction of any turnpike project, provided, the
693693 acceptance of such grants will not reduce the amount of federal aid
694694 for the construction, repair, or maintenance of farm -to-market roads
695695 and other highways a nd bridges in this stat e; and to receive and
696696 accept aid or contributions from any source of either money,
697697 property, labor, or other things of value, to be held, used, and
698698 applied only for the purposes for which such grants and
699699 contributions may be made.
700700 (m) To adopt such rules, and to do any and all things necessary
701701 to comply with rules, regulations, or requirements of the Bureau of
702702 Public Roads, Multistate Economic Development Regio nal Commission,
703703 as defined in Sections 1151 through 1153, inclusive, of Ti tle 74 of
704704 the Oklahoma Statutes, Ozarka Region Commission or any other federal
705705 agency administering any law enacted by the Congress of the United
706706 States to aid or encourage the const ruction of highways.
707707 (n) To do all things necessary or convenient to carr y out the
708708 powers expressly granted in Sections 1701 through 1734 of this
709709 title. The design standards for all paving shall comply with the
710710 design standards of the American Associatio n of State Highway and
711711 Transportation Officials as modified by the Oklahom a Department of
712712 Transportation. All contracts for construction work on turnpike
713713 projects shall be let to the lowest responsible bidder, or bidders,
714714 after notice by publication in a newspaper published in the county
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741741 where the work is to be done in two cons ecutive weekly issues o f the
742742 newspaper. In all cases where more than eight (8) miles of
743743 construction is let at the same time and is not an advertisement for
744744 a surface-treatment-only project, such advertisement shall provide
745745 for bids on sections of the tur npike not to exceed eig ht (8) miles.
746746 If the project advertised is a surface -treatment-only project of
747747 more than twenty (20) miles of road, the advertisement shall provide
748748 for bids on sections of the road no longer than twenty (20) miles,
749749 as well as bids on the project as a whol e. Subject to the following
750750 restrictions and limitations, the Authority shall, when contracting
751751 for construction work, divide such work into paving projects, bridge
752752 projects, including underpasses and overpasses, and earthmoving or
753753 miscellaneous projects, according to the type of work to be done.
754754 Each project shall be let under a separate contract or contracts and
755755 no contract or project shall include more than one of such types of
756756 construction work. Each contract for construction w ork shall
757757 contain a provision that ninety percent (90%) of all labor employed
758758 on the project shall be residents of Oklahoma. However, contracts
759759 for bridges may include earthwork and structures for the approaches
760760 thereto.
761761 (o) It shall be unlawful for any member, officer or empl oyee of
762762 the Authority to transact with the Authority, either directly or
763763 indirectly, any business for profit of such member, officer, or
764764 employee; and any pers on, firm, or corporation knowingly
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791791 participating therein shall be equally liable for violation of this
792792 provision.
793793 The term "business for profit" shall include, but not be limited
794794 to, the acceptance or payment of any fee, commission, gift, or
795795 consideration to such member, officer, or employee.
796796 Violation of this provision shall co nstitute a felony punis hable
797797 by incarceration in the State Penitentiary custody of the Department
798798 of Corrections for a term not to exceed five (5) years or a fine of
799799 not less than Five Hundred Dollars ($500.00) and not more than Five
800800 Thousand Dollars ($5,000.00), or by both such imprisonment and fine.
801801 (p) In the event of a national emergency, the Authority,
802802 subject to any vested rights or claims, may enter into contracts
803803 with the federal government or any authorized agency thereof to
804804 allow the federal government or agency thereof t o use such turnpikes
805805 partly or exclusively during the existence of such emergency,
806806 provided, that the federal government agrees in such contract to
807807 pay, during the term of such contract, an amount sufficient, when
808808 added to any tolls collected, to meet all operating and maintenance
809809 expenses, interest payments , and the minimum sinking fund and
810810 reserve requirements of the trust agreement for the turnpike covered
811811 by the contract.
812812 (q) All meetings of the Authority shall be open public
813813 meetings, and all records shall be public records, except when
814814 considering personnel or litigation.
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841841 SECTION 2. AMENDATORY 69 O.S. 2021, Section 1718, is
842842 amended to read as follows:
843843 Section 1718. The Authority is authorized in its di scretion to
844844 shall file an application with the Supreme Court of Oklahoma for the
845845 approval of any bonds to be issued hereunder, and exclusive original
846846 jurisdiction is hereby conferred upon the Supreme Court to hear and
847847 determine each such application. It s hall be the duty of the Court
848848 to give such applications precedence over the other bus iness of the
849849 Court and to consider and pass upon the applications and any
850850 protests which may be filed thereto as speedily as possible. Notice
851851 of the hearing on each appli cation shall be given b y a notice
852852 published in a newspaper of general circulation in the state, as
853853 well as by certified mail to any and all real property own ers
854854 located within one (1) mile of the specified project, that on a day
855855 named, the Authority will as k the Court to hear its application and
856856 approve the bonds. Such notice shall inform all persons interested
857857 that they may file protests against the issuance of the bonds and be
858858 present at the hearing and contest the legality thereof. Such
859859 notice shall be published one time not less than ten (10) forty-five
860860 (45) days prior to the date name d for the hearing and the hearing
861861 may be adjourned from time to time in the discretion of the Court.
862862 If the Court shall be satisfied that the bonds have been properly
863863 authorized in accordance w ith this article and that when issued,
864864 they will constitute va lid obligations in accordance with their
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891891 terms, the Court shall render its written opinion ap proving the
892892 bonds and shall fix the time within which a petition for rehearing
893893 may be filed. The dec ision of the Court shall be a judicial
894894 determination of the va lidity of the bonds, shall be conclusive as
895895 to the Authority, its officers and agents, and th ereafter the bonds
896896 so approved and the revenues pledged to their payment shall be
897897 incontestable in any court in the State of Oklahoma.
898898 SECTION 3. This act shall become effective November 1, 2023.
899899
900900 59-1-6616 JBH 01/12/23