Okla. Stat. tit. 11, § 11-24-112
This is the official text of Okla. Stat. tit. 11, § 11-24-112, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Powers of Eligible Public Agencies and Public Trusts
Official statutory text
Powers of Eligible Public Agencies and Public Trusts.
(a) In order to accomplish the purposes of this act, any
eligible public agency, subject to the restrictions of Article 10,
Sections 17, 26 and 27 of the Constitution of the State of Oklahoma,
or any public trust may enter into and carry out contracts and
agreements for the purchase from the Authority of power and energy,
transmission services, power supply development services and other
services.
(i) Each such contract and agreement shall be for such
period and shall contain such other terms, conditions and
provisions, not inconsistent with the provisions of this act, as the
Board of Directors of the Authority shall approve, including,
without limitation, provisions whereby the eligible public agency or
Oklahoma Statutes - Title 11. Cities and Towns Page 227
public trust is obligated to pay for the products and services of
the Authority without set-off or counterclaim and irrespective of
whether such products or services are furnished, made available or
delivered to the eligible public agency or public trust or whether
any project contemplated by any such contract and agreement is
completed, operable or operating, and notwithstanding suspension,
interruption, interference, reduction or curtailment of the products
and services of such project.
(ii) Each such contract and agreement may be pledged by
the Authority to secure its obligations and may provide that if one
or more eligible public agencies or public trusts defaults in the
payment of its obligations under such contract and agreement, the
remaining eligible public agencies and public trusts having such
contracts and agreements shall be required to pay for and shall be
entitled proportionately to use or otherwise dispose of the products
and services which were to be purchased by the defaulting eligible
public agency or public trust.
(iii) Each such contract and agreement shall be a limited
obligation of an eligible public agency or public trust payable from
and may be secured by a pledge of, and lien and charge upon, all or
any part of the revenues derived or to be derived from the ownership
and operation of its electric or other integrated utility system as
and, if so provided in such contract or agreement, shall be an
expense of operation and maintenance thereof, and shall not
constitute an indebtedness of such eligible public agency or public
trust for the purpose of any statutory limitation.
(iv) Nothing in this act shall be construed to preclude an
eligible public agency or public trust from appropriating and using
taxes and other revenues received in any year to make payments due
or to comply with covenants to be performed during that year under
any contract or agreement entered into as contemplated in this act.
(b) Any such contract or agreement may include provisions for
the sale of output and services of a particular project or for
output and services generally without regard to a specific project
and for the supply of a specific quantity of output or a percentage
of the output of a specific project or other specific facilities or
for the supply of output based upon the requirements of the
purchaser and on such other terms and conditions as the Board of
Directors and the contracting or agreeing party deem appropriate.
(c) In the event of any failure or refusal on the part of the
eligible public agency or public trust to perform punctually any
covenant or obligation contained in any such contract, the Authority
may enforce performance by any legal or equitable process, including
specific performance.
(a) In order to accomplish the purposes of this act, any
eligible public agency, subject to the restrictions of Article 10,
Sections 17, 26 and 27 of the Constitution of the State of Oklahoma,
or any public trust may enter into and carry out contracts and
agreements for the purchase from the Authority of power and energy,
transmission services, power supply development services and other
services.
(i) Each such contract and agreement shall be for such
period and shall contain such other terms, conditions and
provisions, not inconsistent with the provisions of this act, as the
Board of Directors of the Authority shall approve, including,
without limitation, provisions whereby the eligible public agency or
Oklahoma Statutes - Title 11. Cities and Towns Page 227
public trust is obligated to pay for the products and services of
the Authority without set-off or counterclaim and irrespective of
whether such products or services are furnished, made available or
delivered to the eligible public agency or public trust or whether
any project contemplated by any such contract and agreement is
completed, operable or operating, and notwithstanding suspension,
interruption, interference, reduction or curtailment of the products
and services of such project.
(ii) Each such contract and agreement may be pledged by
the Authority to secure its obligations and may provide that if one
or more eligible public agencies or public trusts defaults in the
payment of its obligations under such contract and agreement, the
remaining eligible public agencies and public trusts having such
contracts and agreements shall be required to pay for and shall be
entitled proportionately to use or otherwise dispose of the products
and services which were to be purchased by the defaulting eligible
public agency or public trust.
(iii) Each such contract and agreement shall be a limited
obligation of an eligible public agency or public trust payable from
and may be secured by a pledge of, and lien and charge upon, all or
any part of the revenues derived or to be derived from the ownership
and operation of its electric or other integrated utility system as
and, if so provided in such contract or agreement, shall be an
expense of operation and maintenance thereof, and shall not
constitute an indebtedness of such eligible public agency or public
trust for the purpose of any statutory limitation.
(iv) Nothing in this act shall be construed to preclude an
eligible public agency or public trust from appropriating and using
taxes and other revenues received in any year to make payments due
or to comply with covenants to be performed during that year under
any contract or agreement entered into as contemplated in this act.
(b) Any such contract or agreement may include provisions for
the sale of output and services of a particular project or for
output and services generally without regard to a specific project
and for the supply of a specific quantity of output or a percentage
of the output of a specific project or other specific facilities or
for the supply of output based upon the requirements of the
purchaser and on such other terms and conditions as the Board of
Directors and the contracting or agreeing party deem appropriate.
(c) In the event of any failure or refusal on the part of the
eligible public agency or public trust to perform punctually any
covenant or obligation contained in any such contract, the Authority
may enforce performance by any legal or equitable process, including
specific performance.
Status: in_force · Read it on the official government site
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