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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 11. CITIES AND TOWNS

  § 11-39-116. Duty of city relative to assessments and bonds - Personal liability.  

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  • A.  Whenever a district has been created and bonds have been issued to finance the improvement, a city shall either itself, or acting through a third party administrator:

    1.  Collect the assessments annually or semiannually;

    2.  Act as trustee for the benefit of the holders of the bonds; provided that, the city may contract with a bank with trust powers to act as trustees;

    3.  Annually prepare a statement which shall:

    a.be available for inspection in the office of the city treasurer,

    b.reflect the financial condition of the district,

    c.list all the delinquencies existing at that time, and

    d.institute proceedings to foreclose the assessment lien against any tract or parcel of land which is delinquent in the payment of the assessment or installment of an assessment for a period of more than one (1) year.  In lieu of the foreclosure of a lien against any tract or parcel of land which is delinquent in the payment of an assessment or installment of an assessment for a period of more than one (1) year, a city may accept a deed to the property subject to the lien if the owner of the property tenders the deed to the municipality.

    B.  If more than one district is created, the money from assessments in each district shall be kept in a separate fund and used for the payment of principal and interest of the bonds outstanding against that district.  Nothing herein shall prevent the appointment and compensation by the district of a registrar, transfer, authenticating, paying or other agents to effect the transfer of ownership, change of payee of any bond issued by the district and to maintain books and records relating thereto.

    C.  Neither any member of the governing body of a city creating a district nor any person acting on behalf of the city or district, while acting within the scope of his or her authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority.

Added by Laws 1978, c. 233, § 16, emerg. eff. April 25, 1978.  Amended by Laws 1983, c. 170, § 25, eff. July 1, 1983; Laws 2007, c. 362, § 12, eff. Nov. 1, 2007.