Okla. Stat. tit. 19, § 19-882

assessments - Foreclosure - Sale.

The clerk of said district shall no earlier than the first day

in July and no later than the tenth day in July in each year certify

the installments of assessments coming due on the first day of

September in said year, together with interest on the same, and on

all unmatured installments, to the county treasurer of said county,

to be collected as other taxes; which money, when collected by the

county treasurer shall, with interest thereon at the rate of six

percent (6%) per annum, until paid, be paid to the clerk of said

sewer improvement district. Provided, that no such certification

shall be made to the county treasurer unless the clerk of said

district shall have sent a notice of the nature and amount of the

assessments by restricted delivery mail on or before June 1 of said

year to the last-known address of the owner of the assessed

property. Provided, that in case any special assessment bond or

coupon provided for in Section 881 of this title becomes delinquent,

then such bond or coupon shall draw interest as a penalty after

delinquency at the rate of twelve percent (12%) per annum, and when

collected six percent (6%) of such interest or penalty shall be paid

to the then holder of such bond or coupon and six percent (6%)

thereof shall be paid to the sewer improvement district which issued

said bond, which amount shall go to the general fund of said sewer

Oklahoma Statutes - Title 19. Counties and County Officers Page 398

improvement district. Such special assessments and each installment

thereof and the interest and penalty thereon are hereby declared to

be a lien against the lots and tracts of land so assessed from the

date of the publication of the ordinance levying the same, coequal

with the lien of ad valorem taxes, all other taxes and special

assessments, and prior and superior to all other titles and liens

against such lots or tracts of land, and such lien shall continue as

to unpaid installments, interest and penalty until such

installments, interest and penalty thereof shall be fully paid, but

unmatured installments shall not be deemed to be within the terms of

any general covenant of warranty.

If any installment of assessment shall remain unpaid for six (6)

months after the same is due, the holder of any bond or coupon,

issued under the provisions of this act, may institute an action in

the district court to foreclose the lien of such assessment, stating

in the petition generally the ownership of such bond, or coupon,

describing the property assessed, the nature of the improvement, the

amount of the unpaid assessment and interest, and penalty, and

praying for the foreclosure of such lien. All bonds and coupons

issued in said district and held by plaintiff may be included in one

action. Upon the filing of such action, all unmatured installments

of assessments shall become immediately due and payable and the lien

of such assessments foreclosed in such action. Summons shall be

issued on such petition as in other civil actions and the cause

tried by the district court. Judgment shall be entered for the

amount of such unpaid assessments, and installments, together with

penalty thereon at the rate of twelve percent (12%) per annum from

the due date of each installment, and reasonable attorney's fees.

The judgment shall bear interest at the rate of six percent (6%) per

annum.

In the event said judgment, together with interest and costs,

including attorney's fee, is not paid within thirty (30) days from

its date, an order of sale shall issue by the clerk of said court,

directed to the sheriff of the county, to sell said real estate in

manner and form as in case of said real estate, without

appraisement. Such judgment shall carry the costs of the action,

including a reasonable attorney's fee to plaintiff, together with

the costs of such sale; and upon the payment of such judgment, to
ys from

its date, an order of sale shall issue by the clerk of said court,

directed to the sheriff of the county, to sell said real estate in

manner and form as in case of said real estate, without

appraisement. Such judgment shall carry the costs of the action,

including a reasonable attorney's fee to plaintiff, together with

the costs of such sale; and upon the payment of such judgment, to

the sheriff or court clerk, the amount thereof exclusive of costs

and attorney's fees shall be paid to the county treasurer. Such

judgment shall provide for the sale of said real estate, subject to

existing general ad valorem taxes and special assessments. All

owners and incumbrancers shall be made parties defendant in such

action. The entire unpaid assessment, as to each tract, shall be

foreclosed. All such actions to foreclose said assessment shall be

commenced within three (3) years from the maturity date of the last

installment thereof.

Oklahoma Statutes - Title 19. Counties and County Officers Page 399