Okla. Stat. tit. 68, § 68-1370.7

development authorities – Sales tax levy – Dissolution.

A. As used in this section, the following terms shall have the

following meanings:

1. "Agency" includes but is not limited to extant

transportation operating systems;

2. "Operation" includes but is not limited to leasing services,

contracting for services, planning, staffing, operating, financing,

construction and maintenance of a transportation or regional

economic project regardless of the source of funding;

3. "Regional district" means a specific governing and

assessment district created out of any combination of any portions

of any cities, towns or counties, either equal to or less than the

entirety of the boundaries of such cities, towns or counties;

4. "Transportation project or system" includes but is not

limited to transit, commuter and passenger rail service or

operations or intermodal facilities, the components of which

contribute to a system that incorporates transportation modes of

highway, air, rail and waterway together in order to facilitate the

movement of commerce; and

5. "User fees" means farebox revenues.

B. Any combination of cities, towns and counties, or their

agencies, by resolution of their governing boards, may jointly

create a transportation authority or regional economic development

authority and a regional district pursuant to the provisions of

Section 176 of Title 60 of the Oklahoma Statutes for the purpose of

planning, financing, construction, maintenance and operation of

transportation or regional economic development projects located

within the boundaries of such regional district. An authority

created pursuant to the provisions of this subsection shall have the

powers granted pursuant to the provisions of Section 176 of Title 60

of the Oklahoma Statutes in addition to the powers granted pursuant

to the provisions of this section except that no transportation or

regional economic development authority created pursuant to the

provisions of this subsection shall have any power or authority to

Oklahoma Statutes - Title 68. Revenue and Taxation Page 634

exercise or to attempt to exercise any powers of eminent domain.

The combination of cities, towns and counties, or their agencies,

creating the authority shall be designated the beneficiary of the

authority. The boundaries of the authority shall be coterminous

with the boundaries of the regional district. The authority shall

be governed by a board of directors appointed by the governing

boards of the cities, towns or counties creating such authority, and

the representative makeup of the board and the number of directors,

their duties and terms of service shall be determined by such

governing boards creating such authority.

C. Any transportation authority or regional economic

development authority created pursuant to the provisions of

subsection B of this section may levy a sales tax of not to exceed

two percent (2%) upon the gross proceeds or gross receipts derived

from all sales or services in the regional district comprising the

authority upon which a consumer's sales tax is levied by this state.

Before a sales tax may be levied by the authority, the imposition of

the tax shall first be approved by a majority of votes cast by the

registered voters within the boundaries of the regional district

comprising the authority voting thereon at a special election

jointly called by the governing boards of the cities, towns and

counties comprising the authority. Provided, if a majority of the

votes cast by registered voters of an authority voting fail to

approve such a tax, the governing boards of such cities, towns and

counties shall not jointly call another special election for such

purpose for at least six (6) months. Any sales tax approved by the

registered voters of an authority shall be applicable only when the

point of sale is within the boundaries or limits of the authority
otes cast by registered voters of an authority voting fail to

approve such a tax, the governing boards of such cities, towns and

counties shall not jointly call another special election for such

purpose for at least six (6) months. Any sales tax approved by the

registered voters of an authority shall be applicable only when the

point of sale is within the boundaries or limits of the authority

and provided no other sales tax is being levied pursuant to this

section in the same regional district during the same time period.

D. All items that are exempt from the state sales tax shall be

exempt from any sales tax levied pursuant to the provisions of this

section.

E. Any sales tax which may be levied pursuant to the provisions

of this section shall be designated for the purposes of planning,

financing, construction, maintenance and operation of transportation

or regional economic development projects within the boundaries of

the authority. The authority shall identify the purpose of the

sales tax when it is presented to the voters pursuant to the

provisions of this section. The proceeds of any sales tax levied by

an authority shall be used only for the purposes for which the sales

tax was designated.

F. The authority shall identify the specific duration of the

tax when it is presented to the voters pursuant to the provisions of

this section and shall include specific language in the ballot title

disclosing the duration of the tax. A levy by a transportation

authority or a regional economic development authority shall have a

Oklahoma Statutes - Title 68. Revenue and Taxation Page 635

maximum duration of thirty (30) years if the proceeds from the tax

are pledged to the repayment of indebtedness, a maximum duration of

twenty (20) years if the proceeds from the tax are to be used for

expenditures other than the repayment of indebtedness, or for as

long as such authority is in operation.

G. An authority created pursuant to the provisions of

subsection B of this section may utilize the provisions of the Local

Development Act as it relates to the financing of such

transportation or regional economic development projects.

H. A transportation or regional economic development authority

created pursuant to this section shall exist for the duration of the

operation and no longer than one (1) year after cessation of the

operation.

I. Providing that at cessation of operations the proceeds of

any tax levied by an authority pursuant to this section are pledged

for the purpose of retiring indebtedness incurred for the specific

purpose for which the tax is imposed, the tax shall not be repealed

until such time as the indebtedness is retired. In no event shall

the life of the tax be extended beyond the duration approved by the

voters of the authority.

J. If the revenue collected from any taxes levied by the

authority exceeds the amount necessary for payment of any and all

expenses incurred by the authority in the planning, financing,

construction, maintenance and operation of transportation or

regional economic development projects, the excess funds shall be

apportioned to the general funds of the cities, towns and counties

comprising the authority in proportion to the population of each

city, town and county within the regional district.

K. A transportation authority created pursuant to the

provisions of subsection B of this section may provide for the

financing of a transportation system utilizing any revenue measures

available pursuant to subsections B through J of this section in

combination with revenue derived from user fees.