Okla. Stat. tit. 60, § 60-178.7
This is the official text of Okla. Stat. tit. 60, § 60-178.7, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Payments in lieu of taxes to be made by lessees of
Official statutory text
certain public trust property.
All public trusts hereafter issuing revenue bonds, notes or
other evidences of indebtedness for industrial development purposes,
including but not limited to rail transportation projects, shall
require the lessee of each industrial project owned by the public
trust, excluding nonprofit health care facilities, to pay an annual
sum in lieu of ad valorem taxes for each year following the tenth
Oklahoma Statutes - Title 60. Property Page 134
anniversary date of the issuance of such revenue bonds, notes or
other evidences of indebtedness. The lease or other agreement
between the public trust and the lessee shall provide that the
amount of the annual in lieu of payments shall be equal to the
amount which such lessee would be obligated to pay were it the title
owner of such industrial project during such annual period according
to the assessment and valuation methods and procedures then provided
by law. Prior to the tenth anniversary date of the issuance of such
revenue bonds, notes or other evidences of indebtedness, the public
trust shall elect, pursuant to a written notice of election filed
with the county assessor and the county treasurer of the county in
which the project property is located, either (a) to cause said
annual in lieu of payments to be paid directly to said county and
collected and distributed by said county treasurer in the manner
then provided by law for ad valorem tax payments, or (b) to cause
said annual in lieu of payments to be paid to said public trust and
distributed as received by it to the local units of government in
the impact area of the project supplying services and facilities to
the industrial project and its employees in the proportions that the
public trust shall determine to be equitable under the
circumstances, with total distribution to all impacted school
districts of not less than the percentage that would have been
received in ad valorem taxes, by the school districts in the county
where the facility is located, if imposed, and with said
distribution based upon enrollment figures provided annually, in
writing, within thirty (30) days after enrollment, to the trust. If
said enrollment figures are not submitted in writing within said
time period, then said school district is permanently barred after
said thirty (30) days from receiving in lieu of payments for that
annual distribution period. The term "industrial project" as used
in this section shall include an expansion of an existing industrial
facility; provided, however, no such arrangement shall operate to
remove any property from the tax rolls except unimproved land then
owned by the lessee to be acquired by the trust or additional
unimproved land to be acquired by the trust to provide such
improvements. The term "lessee" as used in this section shall
include any individual, association, partnership, corporation or
other entity engaged in any trade or business for profit and not
otherwise exempt from ad valorem taxation under the laws of the
state and shall include any purchaser or obligor under an
installment sale agreement or other underlying financing agreement.
The provisions of this section shall not apply to any project
financed, or formally committed to be financed, by any public trust
prior to the effective date hereof. Provided, further, that nothing
contained in this section shall prevent any public trust from
requiring in lieu of payments to be made by a lessee to the trust
for public use, prior to the tenth anniversary date of the issuance
Oklahoma Statutes - Title 60. Property Page 135
of bonds, notes or other evidences of indebtedness hereafter issued
for industrial development purposes.
All public trusts hereafter issuing revenue bonds, notes or
other evidences of indebtedness for industrial development purposes,
including but not limited to rail transportation projects, shall
require the lessee of each industrial project owned by the public
trust, excluding nonprofit health care facilities, to pay an annual
sum in lieu of ad valorem taxes for each year following the tenth
Oklahoma Statutes - Title 60. Property Page 134
anniversary date of the issuance of such revenue bonds, notes or
other evidences of indebtedness. The lease or other agreement
between the public trust and the lessee shall provide that the
amount of the annual in lieu of payments shall be equal to the
amount which such lessee would be obligated to pay were it the title
owner of such industrial project during such annual period according
to the assessment and valuation methods and procedures then provided
by law. Prior to the tenth anniversary date of the issuance of such
revenue bonds, notes or other evidences of indebtedness, the public
trust shall elect, pursuant to a written notice of election filed
with the county assessor and the county treasurer of the county in
which the project property is located, either (a) to cause said
annual in lieu of payments to be paid directly to said county and
collected and distributed by said county treasurer in the manner
then provided by law for ad valorem tax payments, or (b) to cause
said annual in lieu of payments to be paid to said public trust and
distributed as received by it to the local units of government in
the impact area of the project supplying services and facilities to
the industrial project and its employees in the proportions that the
public trust shall determine to be equitable under the
circumstances, with total distribution to all impacted school
districts of not less than the percentage that would have been
received in ad valorem taxes, by the school districts in the county
where the facility is located, if imposed, and with said
distribution based upon enrollment figures provided annually, in
writing, within thirty (30) days after enrollment, to the trust. If
said enrollment figures are not submitted in writing within said
time period, then said school district is permanently barred after
said thirty (30) days from receiving in lieu of payments for that
annual distribution period. The term "industrial project" as used
in this section shall include an expansion of an existing industrial
facility; provided, however, no such arrangement shall operate to
remove any property from the tax rolls except unimproved land then
owned by the lessee to be acquired by the trust or additional
unimproved land to be acquired by the trust to provide such
improvements. The term "lessee" as used in this section shall
include any individual, association, partnership, corporation or
other entity engaged in any trade or business for profit and not
otherwise exempt from ad valorem taxation under the laws of the
state and shall include any purchaser or obligor under an
installment sale agreement or other underlying financing agreement.
The provisions of this section shall not apply to any project
financed, or formally committed to be financed, by any public trust
prior to the effective date hereof. Provided, further, that nothing
contained in this section shall prevent any public trust from
requiring in lieu of payments to be made by a lessee to the trust
for public use, prior to the tenth anniversary date of the issuance
Oklahoma Statutes - Title 60. Property Page 135
of bonds, notes or other evidences of indebtedness hereafter issued
for industrial development purposes.
Status: in_force · Read it on the official government site
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