Okla. Stat. tit. 11, § 11-39-103.1

Objections - Termination.

A. In addition to those purposes set out in Section 39-103 of

this title, the governing body of any municipality having a

population of more than one thousand five hundred (1,500) may create

one or more districts and levy assessments for the purpose of

providing or causing to be provided any maintenance, cleaning,

security, shuttle service, upkeep, marketing, management or other

services which confer special benefits upon property within the

district by preserving, enhancing or extending the value or

usefulness of any improvement described in Section 39-103 of this

title, whether or not the improvement was financed or constructed

pursuant to this act and such governing body may exclude or modify

such assessments according to benefits received on properties which

are exempt from ad valorem taxation, except those assessments

provided for by Section 39-103 of this title. Without limiting or

expanding the preceding sentence or any other provision of this act,

such a district may be comprised of a designated geographical area

within the municipality and limited to only those properties within

such geographical area on which a hotel or motel having 50 or more

rooms available for occupancy is located, if the sole purpose of the

district is to provide marketing services for private or public

events reasonably calculated to increase occupancy and room rates

for such properties as a class. Such districts may also be used to

Oklahoma Statutes - Title 11. Cities and Towns Page 430

fund maintenance, management, marketing and other services being

provided through an active Main Street Program recognized as such by

the Oklahoma Department of Commerce. In addition, such districts

may be used to fund the acquisition, construction, installation or

maintenance of capital improvements with an estimated useful life of

five (5) years or more, including but not limited to:

1. Parking facilities;

2. Benches, booths, kiosks and pedestrian shelters;

3. Signs;

4. Trash receptacles;

5. Public restrooms;

6. Lighting, heating and air conditioning facilities;

7. Decorations;

8. Parks, fountains and planting areas; and

9. Ramps, sidewalks and plazas;

provided the total cost of such improvement is funded in one year's

assessment.

General street repair and maintenance on any street used by

vehicular traffic shall not be made a part of any assessments

provided for hereunder.

B. For districts created under this section, the engineer's

report may be amended by resolution of the governing body to provide

new or additional services or improvements upon the petition of the

record owners of not less than one-half (1/2) of the area liable for

assessment under the proposal. Petitions seeking to add new or

additional services or improvements to an existing district shall be

filed with the city clerk not less than sixty (60) days prior to the

date of the public hearing on the annual assessment roll.

The petition shall set forth:

1. A general description of the new or additional services or

improvements to be provided;

2. The estimated costs of the services and improvements

proposed to be added;

3. The area of the district to be assessed under the proposal;

and

4. The proposed method of assessment.

C. For districts created under this section, property adjacent

to such district may be annexed into the district upon the petition

of the record owners of more than sixty percent (60%) of the area

liable to be annexed. Petitions seeking to annex additional

property into an existing assessment district shall be filed with

the city clerk not less than sixty (60) days prior to the hearing on

the annual assessment roll.

The petition shall set forth:

1. The area to be annexed to the district;

2. The nature of the services and/or improvements to be

provided to the area to be annexed;

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ditional

property into an existing assessment district shall be filed with

the city clerk not less than sixty (60) days prior to the hearing on

the annual assessment roll.

The petition shall set forth:

1. The area to be annexed to the district;

2. The nature of the services and/or improvements to be

provided to the area to be annexed;

Oklahoma Statutes - Title 11. Cities and Towns Page 431

3. The estimated costs of the services and/or improvements to

be provided to the area to be annexed; and

4. The proposed method of assessment.

D. If the governing body determines that it is desirable to

continue to provide or cause to be provided the improvements and

services, to provide new or additional services, or improvements, or

to annex additional property into an existing assessment district

authorized by this section, the governing body shall annually

prepare and cause to be filed in the office of the municipal clerk a

resolution containing, among other things:

1. The assessment roll;

2. The new or additional services, or improvements proposed to

be provided, if any;

3. A description of the area proposed to be annexed into the

district, if any;

4. The name and address of the last-known owner of each tract

or parcel of land to be assessed, or if the name of the owner is

unknown, state "unknown". The name and address of the owner of each

tract of land shall be obtained from the records of the county

treasurer;

5. A description of each tract or parcel of land to be

assessed; and

6. The amount of the assessment against each tract or parcel of

land.

If after filing the assessment roll, it appears that the amount

of the assessment against any tract or parcel of land shall be

increased, new or additional services, or improvements are to be

provided or additional property is to be annexed into the district,

the governing body shall by resolution set a time and place for the

hearing on the resolution at which an owner may object to the amount

of the assessment, the new or additional services, or improvements

to be provided or the additional property to be annexed.

E. Not more than thirty (30) days nor less than ten (10) days

before the day of the hearing, the municipal clerk, the deputy

municipal clerk or the engineer shall mail the notice of the hearing

on the resolution to the owner of the tract or parcel of land on

which the amount of assessment is increased, new or additional

services or improvements are proposed to be added or proposed to be

annexed into the district. Proof of the mailing is to be made by

affidavit by the municipal clerk, the deputy municipal clerk or the

engineer, which shall be filed in the office of the municipal clerk.

Failure of the owner to receive any notice shall not invalidate any

of the proceedings authorized in the Improvement District Act.

Notice of the hearing shall also be published. The last publication

shall be at least seven (7) days prior to the day of the hearing.

Such service by publication shall be verified by an affidavit of the

publisher which is to be filed in the office of the municipal clerk.

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F. No district created under this section shall continue beyond

the date that final payment of all principal, interest and other

amounts due in connection with bonds issued by that district has

been made, or if no bonds have been issued by the district, beyond

the date that is thirty (30) years after the adoption of the

resolution creating the district, unless re-created as provided in

Section 39-101 et seq. of this title for creation of districts.

Provided that, at any time after its creation, and provided further

that, no bonds or other financial obligations of a district are then

outstanding, the district shall cease to exist if:

1. The governing body by resolution terminates the district; or

2. The owners of a majority in area of the tracts or parcels of
as provided in

Section 39-101 et seq. of this title for creation of districts.

Provided that, at any time after its creation, and provided further

that, no bonds or other financial obligations of a district are then

outstanding, the district shall cease to exist if:

1. The governing body by resolution terminates the district; or

2. The owners of a majority in area of the tracts or parcels of

land within the district and a majority of the owners of record of

property within the district petition in writing to terminate the

district.

Such termination shall take effect at the end of the fiscal year

in which the governing body adopts such resolution or determines the

validity of such petition. Nothing herein shall excuse a tract or

parcel of land from its liability for deferred payments or any

assessment.