Okla. Stat. tit. 19, § 19-1251
This is the official text of Okla. Stat. tit. 19, § 19-1251, part of Oklahoma’s Stat. tit. 19, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 19,." Browse the sections below, each linked to its official government source.
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Action to foreclose lien - Petition - Summons - Parties -
Official statutory text
Judgments - Surety bond or deposit.
Any holder of any road improvement bond issued pursuant to the
provisions of Sections 1230 through 1262 of this title shall have
the right to institute, in the name of the county issuing such bond,
an action in the district court of the county in which said property
is located to foreclose the lien of such assessment whenever such
assessment, or any installment thereof, is delinquent for a period
of at least twelve (12) months. The petition shall state generally
the ownership of such bond, describing the property assessed, the
nature of the improvement, the amount of the unpaid delinquent
assessment and penalty thereon at the rate of fifteen percent (15%)
per annum, and praying for the foreclosure of such lien. Summons
shall be issued on such petition as in other civil actions and the
cause tried in the district court. Judgment may be entered on such
petition for the amount of such unpaid assessment or installment
together with interest thereon at the rate of fifteen percent (15%)
per annum from the date such assessment or installment was due and
payable up to the time of the institution of such action and for the
sum of fifteen percent (15%) interest on said judgment from the time
of the institution of such action until said judgment is paid. In
the event said judgment, together with interest and costs, is not
paid within six (6) months after the date the judgment was rendered,
an order of sale shall be issued by the clerk of said court
directing the sheriff of the county to sell said real estate in
Oklahoma Statutes - Title 19. Counties and County Officers Page 534
manner and form as in the case of sale of real estate under
execution. The judgment shall carry the costs of such action
together with the costs of such sale. Upon the payment of such
judgment, the amount of the payment, exclusive of costs, shall be
paid to the county treasurer and become a part of the fund to pay
such outstanding bonds and interest. The judgment shall provide for
the sale of the real estate subject to existing general or ad
valorem taxes and special assessments. All record title holders or
encumbrancers shall be made parties defendant in such suit. Upon
the institution of an action to collect delinquent and unpaid
assessments in any improvement district within one (1) year of the
completion of any improvement, county commissioners of any county
shall require the contractor performing such work or improvement to
make and execute a good and sufficient surety bond or deposit
sufficient securities or obligations of the United States of
America, of this state, or some municipality subdivision thereof, to
be approved by said board of county commissioners in the sum to be
determined by the board of county commissioners, in no case to be
less than ten percent (10%) of the contract price, conditioned that
the contractor will immediately reimburse the county for the
maintenance of said improvements against any failure due to
defective workmanship or materials for a period of one (1) year from
the time of its completion and acceptances.
Any holder of any road improvement bond issued pursuant to the
provisions of Sections 1230 through 1262 of this title shall have
the right to institute, in the name of the county issuing such bond,
an action in the district court of the county in which said property
is located to foreclose the lien of such assessment whenever such
assessment, or any installment thereof, is delinquent for a period
of at least twelve (12) months. The petition shall state generally
the ownership of such bond, describing the property assessed, the
nature of the improvement, the amount of the unpaid delinquent
assessment and penalty thereon at the rate of fifteen percent (15%)
per annum, and praying for the foreclosure of such lien. Summons
shall be issued on such petition as in other civil actions and the
cause tried in the district court. Judgment may be entered on such
petition for the amount of such unpaid assessment or installment
together with interest thereon at the rate of fifteen percent (15%)
per annum from the date such assessment or installment was due and
payable up to the time of the institution of such action and for the
sum of fifteen percent (15%) interest on said judgment from the time
of the institution of such action until said judgment is paid. In
the event said judgment, together with interest and costs, is not
paid within six (6) months after the date the judgment was rendered,
an order of sale shall be issued by the clerk of said court
directing the sheriff of the county to sell said real estate in
Oklahoma Statutes - Title 19. Counties and County Officers Page 534
manner and form as in the case of sale of real estate under
execution. The judgment shall carry the costs of such action
together with the costs of such sale. Upon the payment of such
judgment, the amount of the payment, exclusive of costs, shall be
paid to the county treasurer and become a part of the fund to pay
such outstanding bonds and interest. The judgment shall provide for
the sale of the real estate subject to existing general or ad
valorem taxes and special assessments. All record title holders or
encumbrancers shall be made parties defendant in such suit. Upon
the institution of an action to collect delinquent and unpaid
assessments in any improvement district within one (1) year of the
completion of any improvement, county commissioners of any county
shall require the contractor performing such work or improvement to
make and execute a good and sufficient surety bond or deposit
sufficient securities or obligations of the United States of
America, of this state, or some municipality subdivision thereof, to
be approved by said board of county commissioners in the sum to be
determined by the board of county commissioners, in no case to be
less than ten percent (10%) of the contract price, conditioned that
the contractor will immediately reimburse the county for the
maintenance of said improvements against any failure due to
defective workmanship or materials for a period of one (1) year from
the time of its completion and acceptances.
Status: in_force · Read it on the official government site
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