Okla. Stat. tit. 82, § 82-1085.42
This is the official text of Okla. Stat. tit. 82, § 82-1085.42, part of Oklahoma’s Stat. tit. 82, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 82,." Browse the sections below, each linked to its official government source.
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Judical review - Jurisdiction - Notice and hearing
Official statutory text
The Board is authorized in its discretion to file an application
with the Supreme Court of Oklahoma for approval by the Court of any
investment certificates to be issued under the provisions of Section
1085.33 of Title 82 of the Oklahoma Statutes, or to file a petition
for a judgment determining the validity of any proposed contract or
action arising from the exercise of any of the powers, rights,
privileges and functions conferred upon the Board, eligible public
agencies or public trusts under the provisions of Sections 1085.33
through 1085.39 of the Oklahoma Statutes and Sections 9 and 10 of
this act; and exclusive original jurisdiction is hereby conferred
upon the Supreme Court to hear and determine each such application
or petition. Notice of the hearing on each application and petition
shall be given by a notice published in a newspaper of general
circulation in the state that on a day named the Board will ask the
Court to hear its application and approve the investment
certificates, or hear its petition and enter a declaratory judgment.
Such notice shall inform property owners, taxpayers, ratepayers,
citizens and all persons having or claiming any right, title or
interest in such matter or properties or funds to be affected by the
issuance of such investment certificates, or proposed contract or
action, or affected in any way thereby, that they may file protests
against the issuance of the investment certificates, the validity of
the contracts or action, or the declaratory judgment, and be present
at the hearings and contest the legality thereof. Such notice shall
be published one time not less than ten (10) days prior to the date
named for the hearing and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court is satisfied that
the investment certificates described in the application have been
properly authorized in accordance with Sections 1085.33 through
1085.37 of Title 82 of the Oklahoma Statutes and that, when issued,
they will constitute valid obligations in accordance with their
terms, the Court shall render its written opinion approving the
investment certificates, and shall, upon application of the Board,
also issue an order permanently enjoining all persons described in
the aforesaid notice from thereafter instituting any action or
proceeding contesting the validity of such investment certificates,
or of the rates, fees or charges authorized to be charged for the
payment thereof, or the pledge of revenues, monies, securities,
Oklahoma Statutes - Title 82. Waters and Water Rights Page 236
contract rights or other personal property to secure such payment,
and shall fix the time within which a petition for rehearing may be
filed. If the Court is satisfied that a proposed contract or action
described in a petition filed pursuant to this section is in
accordance with the provisions of Sections 1085.33 through 1085.39
of Title 82 of the Oklahoma Statutes and Sections 9 and 10 of this
act, the Court shall enter a judgment approving and declaring such
contract or action to be valid, and shall, upon application of the
Board, also issue an order permanently enjoining all persons
described in the aforesaid notice from thereafter instituting any
action or proceeding contesting the validity of such contract or
action, and shall fix the time within which the petition for
rehearing may be filed. The decision of the Court shall be a
judicial determination of the validity of the investment
certificates, shall be conclusive as to the Board, its officers and
agents, and thereafter the obligations so approved and the revenues,
monies, securities, contract rights or other personal property
pledged to their payments shall be incontestable in any court in the
State of Oklahoma, and any declaratory judgment on any contract or
action of the Board, any eligible public agency or any public trust
ates, shall be conclusive as to the Board, its officers and
agents, and thereafter the obligations so approved and the revenues,
monies, securities, contract rights or other personal property
pledged to their payments shall be incontestable in any court in the
State of Oklahoma, and any declaratory judgment on any contract or
action of the Board, any eligible public agency or any public trust
entered pursuant to this section shall have the force and effect of
a final judgment or decree.
with the Supreme Court of Oklahoma for approval by the Court of any
investment certificates to be issued under the provisions of Section
1085.33 of Title 82 of the Oklahoma Statutes, or to file a petition
for a judgment determining the validity of any proposed contract or
action arising from the exercise of any of the powers, rights,
privileges and functions conferred upon the Board, eligible public
agencies or public trusts under the provisions of Sections 1085.33
through 1085.39 of the Oklahoma Statutes and Sections 9 and 10 of
this act; and exclusive original jurisdiction is hereby conferred
upon the Supreme Court to hear and determine each such application
or petition. Notice of the hearing on each application and petition
shall be given by a notice published in a newspaper of general
circulation in the state that on a day named the Board will ask the
Court to hear its application and approve the investment
certificates, or hear its petition and enter a declaratory judgment.
Such notice shall inform property owners, taxpayers, ratepayers,
citizens and all persons having or claiming any right, title or
interest in such matter or properties or funds to be affected by the
issuance of such investment certificates, or proposed contract or
action, or affected in any way thereby, that they may file protests
against the issuance of the investment certificates, the validity of
the contracts or action, or the declaratory judgment, and be present
at the hearings and contest the legality thereof. Such notice shall
be published one time not less than ten (10) days prior to the date
named for the hearing and the hearing may be adjourned from time to
time in the discretion of the Court. If the Court is satisfied that
the investment certificates described in the application have been
properly authorized in accordance with Sections 1085.33 through
1085.37 of Title 82 of the Oklahoma Statutes and that, when issued,
they will constitute valid obligations in accordance with their
terms, the Court shall render its written opinion approving the
investment certificates, and shall, upon application of the Board,
also issue an order permanently enjoining all persons described in
the aforesaid notice from thereafter instituting any action or
proceeding contesting the validity of such investment certificates,
or of the rates, fees or charges authorized to be charged for the
payment thereof, or the pledge of revenues, monies, securities,
Oklahoma Statutes - Title 82. Waters and Water Rights Page 236
contract rights or other personal property to secure such payment,
and shall fix the time within which a petition for rehearing may be
filed. If the Court is satisfied that a proposed contract or action
described in a petition filed pursuant to this section is in
accordance with the provisions of Sections 1085.33 through 1085.39
of Title 82 of the Oklahoma Statutes and Sections 9 and 10 of this
act, the Court shall enter a judgment approving and declaring such
contract or action to be valid, and shall, upon application of the
Board, also issue an order permanently enjoining all persons
described in the aforesaid notice from thereafter instituting any
action or proceeding contesting the validity of such contract or
action, and shall fix the time within which the petition for
rehearing may be filed. The decision of the Court shall be a
judicial determination of the validity of the investment
certificates, shall be conclusive as to the Board, its officers and
agents, and thereafter the obligations so approved and the revenues,
monies, securities, contract rights or other personal property
pledged to their payments shall be incontestable in any court in the
State of Oklahoma, and any declaratory judgment on any contract or
action of the Board, any eligible public agency or any public trust
ates, shall be conclusive as to the Board, its officers and
agents, and thereafter the obligations so approved and the revenues,
monies, securities, contract rights or other personal property
pledged to their payments shall be incontestable in any court in the
State of Oklahoma, and any declaratory judgment on any contract or
action of the Board, any eligible public agency or any public trust
entered pursuant to this section shall have the force and effect of
a final judgment or decree.
Status: in_force · Read it on the official government site
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