Okla. Stat. tit. 66, § 66-324

Public meetings and records.

Oklahoma Statutes - Title 66. Railroads Page 47

A. The Department of Transportation is hereby authorized and

empowered to:

1. Acquire, construct, reconstruct, repair, replace, operate

and maintain railroad rights-of-way and trackage projects at such

locations and on such passenger routes as it shall determine to be

feasible and economically sound;

2. Enter into agreements with the owners of operating railroads

for the acquisition and/or use of railroad rights-of-way and

trackage on such terms, conditions, rates or rentals as the

Department may consider to be in the best interests of the state;

3. Enter directly into agreements with owners of operating

passenger railroads to sell, lease, or sell by lease-purchase

agreement any state-owned railroad property on such terms,

conditions or amounts as the Department may consider to be in the

best interests of the state and to promote the purposes of this act;

4. Acquire and hold real or personal property in the exercise

of its powers for the performance of its duties as authorized by

this act. Surplus property may be disposed of by the Department;

5. Acquire in the name of the Department, by purchase or

otherwise on such terms and conditions and in such manner as it may

deem proper, or by exercise of the right of condemnation, such

public or private lands and personalty, including public parks,

playgrounds, or reservations, or parts thereof or rights therein,

rights-of-way, trackage, property, rights, easements, and interests,

as it may deem necessary for carrying out the provisions of this

act;

6. Make and enter into all contracts and agreements necessary

or incidental to the performance of its duties and the execution of

its powers under this act, and to employ passenger rail planning and

management consultants, consulting engineers, attorneys,

accountants, construction and financial consultants,

superintendents, managers, and such other employees and agents as

may be necessary in its judgment, and to fix their compensation;

provided, that all such expenses shall be payable solely from funds

made available under and pursuant to the provisions of this act or

from revenues; provided, further, no attorney employed by the

Department, nor any member of any law firm of which he or she may be

connected, shall ever be paid any fee or compensation for any

special or extraordinary services;

7. Receive, accept and expend funds from the state, any federal

agency, or from private sources, for passenger rail planning and for

administration of passenger railroad assistance projects, and for,

or in aid of the acquisition, construction, reconstruction,

replacement, repair, maintenance and operation of passenger railroad

rights-of-way and trackage and for passenger rail service

continuation payments to railroad companies for operating losses

sustained by reasons of continuing service on a line which may

Oklahoma Statutes - Title 66. Railroads Page 48

otherwise be abandoned or which may experience a reduced level of

service not in the public interest, where such continuation of

service is carried out under a written agreement with the Department

establishing the terms and conditions for such payments, and to

receive and accept funds, aid or contributions from any source of

either money, property, labor or other things of value, to be held,

used and applied only for the purposes for which such funds, aid or

contributions may be made;

8. Adopt such rules and to do any and all things necessary to

comply with rules, regulations or requirements of the United States

Department of Transportation, any successor thereof, the Interstate

Commerce Commission or any federal agency administering any law

enacted by the Congress of the United States or having funds

available for the purpose of the Department that are not

inconsistent with or contrary to the prohibitions and restrictions

of Oklahoma law or public interest;
ions or requirements of the United States

Department of Transportation, any successor thereof, the Interstate

Commerce Commission or any federal agency administering any law

enacted by the Congress of the United States or having funds

available for the purpose of the Department that are not

inconsistent with or contrary to the prohibitions and restrictions

of Oklahoma law or public interest;

9. Expend income and funds from the Oklahoma Tourism and

Passenger Rail Revolving Fund created in Section 5 of this act in

the exercise of any or all of the foregoing powers; and

10. Do all things necessary or convenient to carry out the

powers expressly granted in this act.

B. It shall be unlawful for any member, officer or employee of

the Department to transact with the Department, either directly or

indirectly, any business for profit of such member, officer or

employee; and any person, firm or corporation knowingly

participating therein shall be equally liable for violation of this

provision.

The term "business for profit" shall include, but not be limited

to, the acceptance or payment of any fee, commission, gift, or

consideration to such member, officer or employee.

Violation of this provision shall constitute a Class D1 felony

offense and, upon conviction, shall be punishable by a fine of not

less than Five Hundred Dollars ($500.00) and not more than Five

Thousand Dollars ($5,000.00), or by imprisonment as provided for in

subsections B through F of Section 20N of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.

C. All meetings of the Department shall be open public

meetings, and all records shall be public records, except when

considering personnel.