Okla. Stat. tit. 11, § 11-36-308
This is the official text of Okla. Stat. tit. 11, § 11-36-308, 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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Right of action of bondholder
Official statutory text
Any holder of a street improvement bond shall have the right to
institute, in the name of the municipality issuing the bond, an
action in the district court in the county in which the property is
located to foreclose the lien of the assessment whenever the
assessment, or any installment thereof, is delinquent for a period
of at least twelve (12) months. The petition for foreclosure shall
generally:
1. State the ownership of the bond;
2. Describe the property assessed;
3. Describe the nature of the improvement;
Oklahoma Statutes - Title 11. Cities and Towns Page 343
4. State the amount of the unpaid delinquent assessment or
installment and penalty thereon at the rate of twelve percent (12%)
per annum; and
5. Pray for the foreclosure of the lien.
Summons shall be issued on the petition as in other civil actions
and the cause shall be tried by the district court. Judgment may be
entered on the petition for the amount of the unpaid assessment, or
installment, together with interest thereon at the rate of twelve
percent (12%) per annum from the date the assessment or installment
was due and payable up to the date of the filing of the petition,
and for the sum of six percent (6%) interest on the judgment
computed from the time of filing the petition until the judgment is
paid. If the judgment, together with interest and costs, is not
paid within six (6) months after the date of the rendition thereof,
an order of sale shall be issued by the clerk of the court, directed
to the sheriff of the county, to sell the real estate in the manner
and form as for sale of real estate under execution. The judgment
shall carry the costs of the action, together with the costs of the
sale. Upon the payment of the judgment, the amount thereof
exclusive of costs shall be paid to the municipal treasurer for
deposit in the separate, special fund. The judgment shall provide
for the sale of the real estate subject to existing general or ad
valorem taxes and special assessments. All owners or encumbrancers
shall be made parties defendant in the suit. Upon the institution
of an action to collect delinquent and unpaid assessments against
property liable therefor, no other action shall be instituted and
maintained to collect such delinquent assessment against the
property for that year.
11-36-309. Refunding street improvement bonds - Authority.
Any municipality which has issued street improvement bonds by
virtue of the authority of any law or charter provision is
authorized to refund the bonds. In refunding such bonds, the
governing body may provide for:
1. The levy and collection of assessments to pay the bonds;
2. The retirement of the street improvement bonds originally
issued;
3. The cancellation of any or all prior assessments, and
penalties and interest, together with interest and penalties that
have accrued thereon, by and with the written consent and under
written contract with the holders of any series of the street
improvement bonds;
4. A written "Agreement to Accept Street Improvement Refunding
Bonds" in exchange for the bonds originally issued; and
5. The procedure for such refunding in accordance with
applicable law.
institute, in the name of the municipality issuing the bond, an
action in the district court in the county in which the property is
located to foreclose the lien of the assessment whenever the
assessment, or any installment thereof, is delinquent for a period
of at least twelve (12) months. The petition for foreclosure shall
generally:
1. State the ownership of the bond;
2. Describe the property assessed;
3. Describe the nature of the improvement;
Oklahoma Statutes - Title 11. Cities and Towns Page 343
4. State the amount of the unpaid delinquent assessment or
installment and penalty thereon at the rate of twelve percent (12%)
per annum; and
5. Pray for the foreclosure of the lien.
Summons shall be issued on the petition as in other civil actions
and the cause shall be tried by the district court. Judgment may be
entered on the petition for the amount of the unpaid assessment, or
installment, together with interest thereon at the rate of twelve
percent (12%) per annum from the date the assessment or installment
was due and payable up to the date of the filing of the petition,
and for the sum of six percent (6%) interest on the judgment
computed from the time of filing the petition until the judgment is
paid. If the judgment, together with interest and costs, is not
paid within six (6) months after the date of the rendition thereof,
an order of sale shall be issued by the clerk of the court, directed
to the sheriff of the county, to sell the real estate in the manner
and form as for sale of real estate under execution. The judgment
shall carry the costs of the action, together with the costs of the
sale. Upon the payment of the judgment, the amount thereof
exclusive of costs shall be paid to the municipal treasurer for
deposit in the separate, special fund. The judgment shall provide
for the sale of the real estate subject to existing general or ad
valorem taxes and special assessments. All owners or encumbrancers
shall be made parties defendant in the suit. Upon the institution
of an action to collect delinquent and unpaid assessments against
property liable therefor, no other action shall be instituted and
maintained to collect such delinquent assessment against the
property for that year.
11-36-309. Refunding street improvement bonds - Authority.
Any municipality which has issued street improvement bonds by
virtue of the authority of any law or charter provision is
authorized to refund the bonds. In refunding such bonds, the
governing body may provide for:
1. The levy and collection of assessments to pay the bonds;
2. The retirement of the street improvement bonds originally
issued;
3. The cancellation of any or all prior assessments, and
penalties and interest, together with interest and penalties that
have accrued thereon, by and with the written consent and under
written contract with the holders of any series of the street
improvement bonds;
4. A written "Agreement to Accept Street Improvement Refunding
Bonds" in exchange for the bonds originally issued; and
5. The procedure for such refunding in accordance with
applicable law.
Status: in_force · Read it on the official government site
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