US Laws, Codes, Statutes & Cases

OKLAHOMA STATUTES

TITLE 69.

ROADS, BRIDGES AND FERRIES

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§69101.  Declaration of legislative intent.

(a) Recognizing that safe and efficient highway transportation is a matter of important interest to all the people in the state, the Legislature hereby determines and declares that an integrated system of roads and highways is essential to the general welfare of the State of Oklahoma.

(b) The provision of such a system of facilities, and its efficient management, operation and control, are recognized as urgent problems, and as the proper objectives of highway legislation.

(c) Inadequate roads and streets obstruct the free flow of traffic; result in undue cost of motor vehicle operation; endanger the health and safety of the citizens of the state; depreciate property values; and impede generally economic and social progress of the state.

(d) In designating the highway systems of this state, as hereinafter provided, the Legislature places a high degree of trust in the hands of those officials whose duty it shall be, within the limits of available funds, to plan, develop, operate, maintain and protect the highway facilities of this state, for present as well as for future use.

(e) To this end, it is the intent of the Legislature to make the State Highway Commission and its Director, and the Department of Highways of the State of Oklahoma acting through the Commission, custodian of the State Highway System and to provide sufficiently broad authority to enable the Commission and the Department to function adequately and efficiently in all areas of appropriate jurisdiction, subject to the limitations of the Constitution and the legislative mandate hereinafter imposed.

(f) The Legislature intends to declare, in general terms, the powers and duties of the Commission and its Director, leaving specific details to be determined by reasonable rules, regulations and policies which may be promulgated by the Commission.  In short, the Legislature intends by a general grant of authority to the Commission to delegate sufficient power and authority to enable the Commission and the Department to carry out the broad objectives stated above.

(g) It is the further intent of the Legislature to bestow upon the boards of county commissioners similar authority with respect to the county highway system.  The efficient management, operation and control of our county roads and other public thoroughfares are likewise a matter of vital public interest.  The problem of establishing and maintaining adequate roads and highways, eliminating congestion, reducing accident frequency, providing parking facilities and taking all necessary steps to ensure safe and convenient transportation on these public ways is no less urgent.

(h) While it is necessary to fix responsibilities for the location, design, construction, maintenance and operation of the several systems of highways, it is intended that the State of Oklahoma shall have an integrated system of all roads, highways and streets to provide safe and efficient highway transportation throughout the state.  The authority hereinafter granted to the Commission and to counties and municipalities to assist and cooperate with each other and to coordinate their activities is therefore essential.

(i) The Legislature hereby determines and declares that this Code is necessary for the preservation of the public peace, health and safety, for promotion of the general welfare, and as a contribution to the national defense.  Laws 1968, c. 415, Sec. 101. Opr. July 1, 1968.

Laws 1968, c. 415, § 101, operative July 1, 1968.  

§69-113a.  Successful bidders - Return of executed contract.

A.  A successful bidder awarded a contract by the Department of Transportation shall return to the Department a fully executed written contract within ten (10) working days from the date the contract is awarded.  The Department shall, within fourteen (14) working days from the date the contract is received, complete its execution of the contract and return a copy of the executed contract to the successful bidder.

B.  A successful bidder awarded a contract by the Oklahoma Transportation Authority shall return to the Authority a fully executed written contract within ten (10) working days from the date the contract is awarded.  The Authority shall, within fourteen (14) working days from the date the contract is received, complete its execution of the contract and return an executed copy to the successful bidder.

Added by Laws 2000, c. 69, § 1, eff. Nov. 1, 2000.

§69201.  Definitions of words and phrases.

When following words and phrases when used in this Code shall, for the purpose of this Code, have the meanings respectively ascribed to them in this article, except when the context otherwise requires. Laws 1968 C. 415, Sec. 201.

§69202.  Abandonment.

The cessation of use of rightofway or activity thereon with no intention to reclaim or use again for highway purposes.  Laws 1968 C. 415, Sec. 202.

§69203.  Acquisition or taking.

The process of obtaining rightsofway. Laws 1968 C. 415, Sec. 203.

§69204.  Arterial highway.

An arterial highway is a street or highway especially designed for through traffic, entrance into which at intersections may be limited by requiring all entering vehicles to be brought to a complete stop, and the governing body having jurisdiction thereover may otherwise protect the rightofway of vehicles thereon.  Laws 1968 C.  415, Sec. 204.

§69205.  Authority.

The Oklahoma Turnpike Authority. Laws 1968 C. 415, Sec. 205.

§69206.  Auxiliary service highway.

A street or highway especially designed to furnish access to a limited access highway or to an arterial highway.  Laws 1968 C. 415, Sec. 206.

§69207.  Board.

The board of county commissioners of a county.  Laws 1968 C.  415, Sec. 207.

§69208.  Bureau of Public Roads.

The Bureau of Public Roads of the U. S. Department of Transportation, or its successor.  Laws 1968, c. 415, Sec. 208.

§69209.  Commission.

The State Highway Commission of the State of Oklahoma.  Laws 1968, c. 415, Sec. 209.

§69210.  Control of access (full).

Full control of access means that the authority to control access is exercised to give preference to through traffic by providing access connections with selected frontage or local roads only and by prohibiting crossings at grade or direct private driveway connections.  Laws 1968, c. 415, Sec. 210.

§69211.  Control of access (partial).

Partial control of access means that the authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected frontage or local roads, there may be some crossings at grade and some private driveway connections. Laws 1968 C. 415, Sec. 211.

§69212.  Construction or reconstruction of highways.

The construction of new highways; the enlargement, reconstruction or relocation of existing highways; the acquisition of necessary rightsofway therefor and all work incidental thereto.  Laws 1968 C. 415, Sec. 212.

§69213.  County highway system.

The system of highways the responsibility for which is lodged with the counties. Laws 1968 C. 415, Sec. 213.

§69214.  Department.

The Department of Highways of the State of Oklahoma.  Laws 1968 C. 415, Sec. 214.

§69215.  Director.

The State Highway Director. Laws 1968 C. 415, Sec. 215.

§69216.  Divided highway.

A highway with separated roadways for traffic moving in opposite directions. Laws 1968 C. 415, Sec. 216.

§69217.  Expressway.

A divided arterial highway. Laws 1968 C. 415, Sec. 217.

§69-217.1.  Force account or construction on a force account basis.

"Force account" or "construction on a force account basis" means the construction of a public project performed by a public body, in whole or in part, using permanent personnel on its own payroll, using the equipment of such public body, except for specialized equipment and a qualified operator of such specialized equipment, and without hiring outside supervision or utilizing outside direction unless it is determined such outside supervision or direction will contribute to the quality of the work being performed.

Added by Laws 2000, c. 109, § 1, eff. Nov. 1, 2000.

§69218.  Frontage road.

A road constructed adjacent and parallel to but separated from the highway and connected thereto at least at each end, for service to abutting property and for control of access.  Laws 1968 C.  415, Sec. 218.

§69219.  Governing body.

The legislative authority of any city or town for all streets and highways within the corporate limits of such city or town; and the board of county commissioners of each county as to all county highways; and the State Highway Commission of the State of Oklahoma as to all state highways. Laws 1968 C. 415, Sec. 219.

§69-220.  Hard surface.

A road surfaced with concrete, brick, water bound or bituminous macadam, or the equivalent of properly bound gravel, or other material approved by the State Highway Commission, and meeting the federal requirements.

Laws 1968 c. 415, § 220, operative July 1, 1968.

§69221.  Heavy traffic highway.

Any street or highway designed especially for the use of trucks, buses, and commercial vehicles, although not reserved exclusively for such use.  Laws 1968, c. 415, Sec. 221.

§69222.  Highway, street or road.

A general term denoting a public way for purposes of vehicular travel including the entire area within the rightofway.  Laws 1968 C. 415, Sec. 222.

§69223.  Improvement.

Any dwelling, outbuilding, other structure or fence, or part thereof, but not including public utilities, which lie within an area to be acquired for highway purposes. Laws 1968 C. 415, Sec. 223.

§69224.  Limited access facility.

Includes limited access highways, expressways, arterial highways, frontage roads, public roads and the auxiliary service highway. Laws 1968 C. 415, Sec. 224.

§69225.  Limited access highway.

A street or highway especially designed for through traffic, and over, from, or to which neither owners nor occupants of abutting lands nor other persons have any right or easement of access, light, air, or view. Laws 1968 C. 415, Sec. 225.

§69226.  Local road.

A road constructed to provide access to property abutting on or adjacent to the highway and which has but one connection to the highway. Laws 1968 C. 415, Sec. 226.

§69227.  Median.

The portion of a divided highway separating the traveled ways for traffic in opposite directions. Laws 1968 C. 415, Sec. 227.

§69228.  Municipal corporation or municipality.

Includes all cities and towns organized under the laws of this state, but shall not include any other political subdivisions.  Laws 1968 C. 415, Sec. 228.

§69229.  Parkway.

Any street, highway or limited access facility from which trucks, buses, and other commercial vehicles are, or may be, excluded.  Laws 1968 C. 415, Sec. 229.

§69230.  Person.

Any individual, firm, partnership, corporation or business entity of any kind or character, or the executor, administrator, trustee, receiver, assignee, or personal representative thereof.  Laws 1968, c. 415, Sec. 230.

§69231.  Project.

An undertaking by the State Highway Commission, governing body or other governmental instrumentality for highway construction, including preliminary engineering, acquisition of rightofway and actual construction, or for highway planning and research, or for any other work or activity to carry out the provisions of the federal law for the administration of federal aid for highways. Laws 1968 C. 415, Sec. 231.

§69232.  Public road.

A road constructed to connect other public roads or streets, but not connected to the highway. Laws 1968 C. 415, Sec. 232.

§69233.  Public service corporation.

Any transportation or transmission company, any gas, electric, heat, light and power company, any person, firm, corporation, receiver or trustee engaged in such business, and any person, firm, corporation, receiver or trustee authorized to exercise the right of eminent domain or having a franchise to use or occupy any rightofway, street, alley or public highway, whether along, over or under the same, in a manner not permitted to the general public.  Laws 1968 C. 415, Sec. 233.

§69234.  Right of access.

The right of ingress to a highway from abutting land and egress from a highway to abutting land. Laws 1968 C. 415, Sec. 234.

§69235.  Right of survey entry.

The right to enter property temporarily to make surveys and investigations for proposed highway improvements.  Laws 1968 C. 415, Sec. 235.

§69236.  Rightofway.

A general term denoting land, property, or interest therein, usually a strip acquired for or devoted to a highway use.  Laws 1968, c. 415, Sec. 236.

§69-237.  Right-of-way appraisal.

A determination of the market value of property including damages, if any, as of a specified date, resulting from an analysis of facts.

Laws 1969, c. 415, § 237, operative July 1, 1968.

§69238.  Rightofway estimate.

An approximation of the market value of property including damages, if any, in advance of an appraisal. Laws 1968, c. 415, Sec. 238.

§69239.  Separation (outer).

The portion of an arterial highway between the traveled ways of a roadway for through traffic and a frontage road.  Laws 1968, c. 415, Sec. 239.

§69240.  Severance damages.

Loss in value of the remainder of a parcel resulting from an acquisition. Laws 1968 C. 415, Sec. 240.

§69241.  Shoulder.

The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. Laws 1968 C. 415, Sec. 241.

§69242.  State highway system.

The system of state roads designated by the State Highway Commission, including necessary urban extension, the responsibility for which is lodged in the Department of Highways.  Laws 1968, c. 415, Sec. 242.

§69243.  Traffic lane.

The portion of the traveled way for the movement of a single line of vehicles. Laws 1968 C. 415, Sec. 243.

§69244.  Traveled way.

The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. Laws 1968 C. 415, Sec. 244.

§69301.  Creation of department and commission  Rules, regulations and policies  Powers, duties and obligations of former department, commission and director continued.

(a) There is hereby created a Department of Highways and a State Highway Commission in and for the State of Oklahoma, pursuant to the provisions of Section 1, Article 16, of the Constitution of the State of Oklahoma, and such department shall be governed by the State Highway Director, provided for by Section 305 of this Code, under such reasonable rules, regulations and policies and road improvement programs as may be prescribed by the Commission.  Such rules and regulations and amendments thereto as adopted by the Commission shall be filed and recorded in the office of the Secretary of State.

(b) The Department and the Commission created by the preceding paragraph and the State Highway Director provided for by Section 305 of this Code shall be the legal successors of, and unless and except as otherwise provided by this Code shall also have the powers and duties vested by other laws in, and shall take immediate charge of all equipment, supplies and property now in the possession of, the Department, Commission and Director, respectively, created and provided for by 69 O.S.  1961, Sections 20.1 and 20.6, as amended, and shall be liable for their respective obligations.  Laws 1968, c. 415, Sec.  301.

§69-301.1.  Oklahoma Trucking Advisory Board.

A.  There is hereby created the Oklahoma Trucking Advisory Board.  The Board shall consist of the following members:

1.  The Director of the Department of Transportation or designee;

2.  The Chair of the Oklahoma Turnpike Authority or designee;

3.  The Commissioner of Public Safety or designee;

4.  The Chair of the Corporation Commission or designee;

5.  The Director of a statewide trucking association or designee;

6.  The Chair of the Oklahoma Tax Commission or designee;

7.  The President Pro Tempore of the Senate or designee;

8.  The Speaker of the House of Representatives or designee; and

9.  Four representatives selected by a statewide trucking association subject to the approval of a majority of the members of the Board.

B.  Each member shall hold office for a twoyear term or until the successor of the member takes office.  The term of office shall begin on July 1 of the succeeding fiscal year.  The Board shall select a chair from among the members of the Board each year.  It shall be the duty of the Board to act in an advisory capacity to the Director of the Department of Transportation.  The Board shall meet no less than on a quarterly basis with the Director of the Department of Transportation and the staff of the Director to discuss areas of mutual concern.

Added by Laws 1997, c. 91, § 1, eff. Nov. 1, 1997.  Amended by Laws 2002, c. 397, § 31, eff. Nov. 1, 2002.

§69302.  Members of Commission - Appointment and confirmation - Eligibility - Term - Compensation - Travel expenses - Ex officio member.

(a)  The State Transportation Commission shall consist of one (1) member from each of eight districts of the state, such districts to serve as the maintenance districts and to include the area as follows:

District 1.   Wagoner, Cherokee, Adair, Sequoyah, Muskogee, Okmulgee, McIntosh and Haskell Counties.

District 2.   Pittsburg, Latimer, LeFlore, McCurtain, Pushmataha, Atoka, Choctaw, Bryan and Marshall Counties.

District 3.   Lincoln, Cleveland, McClain, Garvin, Pottawatomie, Okfuskee, Seminole, Hughes, Pontotoc, Coal and Johnston Counties.

District 4.   Payne, Logan, Canadian, Kingfisher, Garfield, Grant, Kay, Noble and Oklahoma Counties.

District 5.   Roger Mills, Dewey, Custer, Washita, Beckham, Greer, Kiowa, Harmon, Jackson, Blaine, and Tillman Counties.

District 6.   Cimarron, Texas, Beaver, Harper, Woods, Alfalfa, Ellis, Major and Woodward Counties.

District 7.   Carter, Love, Murray, Grady, Comanche, Stephens, Cotton, Caddo and Jefferson Counties.

District 8.   Osage, Pawnee, Nowata, Creek, Craig, Ottawa, Rogers, Mayes, Delaware, Washington and Tulsa Counties.

(b)  The members of the Commission shall be appointed by the Governor, by and with the consent of the Senate, such appointment to have full force and effect and to be submitted to the Senate for its confirmation at the first session of the Senate after such appointment is made.  No Commissioner shall be entitled to the payment of salary, or to perform any service, until his appointment is confirmed by the Senate, if the Senate then be in session; if the Senate be not in session, then such Commissioner may serve and draw his salary until a special or regular session convenes; and if his appointment is not then confirmed within twenty (20) days, he shall cease to perform such services and cease to draw his salary.  Each of the Commissioners thus appointed shall, at the time of his appointment, be a citizen and resident of the district for which he shall have been appointed for at least three (3) years prior to the date of his appointment.  Not more than one Commissioner shall reside in any one district, as defined herein, at any time while serving on the Commission.  Each Commissioner thus appointed and confirmed shall, after the first term of office as herein provided, serve for a term of eight (8) years, and unless he is reappointed by the Governor and confirmed by the Senate within twenty (20) legislative days his services are automatically terminated and he shall cease to draw his salary, or any perquisites or emoluments as a Commissioner; provided, that in the event the Governor's appointee is not confirmed by the Senate within ten (10) days from the date his name is submitted, then the Governor shall submit a further appointee for confirmation; and during his term of office may be removed by the Governor at his pleasure.  The terms of office shall be as follows:  Two Commissioners shall serve until the 15th day of February, 1969; two Commissioners shall serve until the 15th day of February, 1971; two Commissioners shall serve until the 15th day of February, 1973; and two Commissioners shall serve until the 15th day of February, 1975; and the Governor, at the time of making the first appointment, shall, in his order of appointment, designate the term each Commissioner so appointed shall serve.  Thereafter the term of each Commissioner appointed and confirmed shall expire the 15th day of February in the eighth year after his appointment, and in case of death, resignation, or removal, the place shall be filled by appointment by the Governor for the remainder of the term.  Such appointments also shall be confirmed by the Senate.  The members of the Commission each shall receive an annual salary of Four Thousand Eight Hundred Dollars ($4,800.00), payable monthly, and each shall be entitled to receive travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes.  The Governor shall be an ex officio member of the Commission, but shall be entitled to vote only in case of a tie vote.

(c)  Provided, that persons serving as members of the State Highway Commission created by Section 301 of this title, when this Code becomes effective shall serve as members of the State Transportation Commission created by this Code for the remainder of the terms for which they were appointed, in the positions on the latter Commission having corresponding terms of office, or until such positions are filled as herein provided.  Future Gubernatorial appointments shall be made from districts as directed by this act.

Added by Laws 1968, c. 415, § 302, operative July 1, 1968.  Amended by Laws 1971, c. 58, § 1, emerg. eff. April 2, 1971; Laws 1985, c. 178, § 51, operative July 1, 1985; Laws 1990, c. 316, § 1.

§69302.1.  Department of Transportation County Advisory Board.

A.  There is hereby created the Department of Transportation County Advisory Board.  The Board shall be made up of nine (9) county commissioners selected by the Association of County Commissioners of Oklahoma.  One member shall be elected from each of the eight districts of the Association of County Commissioners of Oklahoma and one member shall be selected at large by the other eight members.  Each member shall hold office for a twoyear term or until the successor of the member takes office.  Their term of office shall begin on July 1 of the succeeding fiscal year.  It shall be the duty of the Board to act in an advisory capacity to the Director of the Department of Transportation.  The Board shall review the County Road and Bridge Programs of the Department.  The Board shall meet no less than on a quarterly basis with the Director of the Department of Transportation and the staff of the Director to discuss areas of mutual concern.

B.  The Board is authorized to develop the following criteria for the County Road Machinery and Equipment Revolving Fund:

1.  Establish estimated purchase prices for equipment and road machinery;

2.  Establish amortization schedules for all equipment and road machinery;

3.  Establish a list of independent appraisers to be used for equipment and road machinery inspections;

4.  Establish the County Funding Classification Designation priority list;

5.  Establish the method, manner and expense of marking or identifying all equipment and road machinery;

6.  Establish a list of items which are to be purchased from the state purchase list;

7.  Establish a maximum purchase allocation for participating counties and circuit engineering districts; and

8.  Establish and approve an interest rate which may be charged on all leases or lease-purchase agreements.

C.  The Board will have the authority to determine the financial obligation of a county when road machinery or equipment is destroyed by an act of God or other unforeseen occurrence.

Added by Laws 1989, c. 352, § 6, operative July 1, 1989.  Amended by Laws 1993, c. 75, § 4, eff. Sept. 1, 1993; Laws 1996, c. 179, § 1, eff. Nov. 1, 1996; Laws 2001, c. 117, § 1, eff. Nov. 1, 2001.

§69-302.2.  Department of Transportation Tribal Advisory Board.

A.  There is hereby created the Department of Transportation Tribal Advisory Board.  The Board shall consist of nine (9) members.  The Governor, President Pro Tempore of the Senate and Speaker of the House of Representatives shall make three appointments each from a list of qualified persons nominated by the Oklahoma Tribal Transportation Council.  Four members shall be members of tribes served by each Bureau of Indian Affairs Area Office in Oklahoma and one member shall be selected at large by the Governor.  Each member shall hold office for a two-year term or until the successor of the member takes office.  Their terms of office shall begin on July 1 of the succeeding fiscal year.

B.  It shall be the duty of the Board to act in an advisory capacity to the Director of the Department of Transportation.  The Board may review the Department's policy and procedures for transportation programs that affect tribal governments.  The Board shall meet no less than on a quarterly basis with the Director of the Department of Transportation and the staff of the Director to discuss areas of mutual concern.

Added by Laws 1999, c. 199, § 1, emerg. eff. May 24, 1999.

§69303.  Functions, powers and duties of Commission.

(a) The Commission shall constitute an advisory, administrative, and policy making board with which the Director shall from time to time consult regarding the administration of the affairs of the Department.  The Commission may require from the Director complete reports and information relative to the affairs of the Department at such time and in such manner as the Commission may deem advisable.

(b) In addition to its other powers and duties, as herein defined, the Commission shall have the following specific powers and duties:

(1) To organize itself by the election of a chairman, vicechairman and secretary, who shall perform the duties required of them by the rules and regulations of the Commission, but shall receive no extra compensation therefor;

(2) To elect a State Highway Director and fix his salary within the limits of this Code, who shall serve during the pleasure of the Commission, expressed by a majority vote of the entire Commission;

(3) To prescribe rules, regulations, and policies for the transaction of its business, and for the letting of all contracts and purchases;

(4) To prescribe the manner of cooperation between county and municipal officials with the Commission;

(5) Except as otherwise provided herein, to let or supervise the letting of all contracts for construction or improvements of state highways, or any contract for road or bridge construction or improvement where the work is being done in whole or in part with state or federal monies;

(6) To authorize all expenditures prior to the incurring therefor, except as otherwise provided in this Code.

(c) Each Commissioner shall aid in the promotion of highway construction, improvements, and maintenance throughout the entire state, and shall not act as the special representative of the particular district in which he resides.  Laws 1968 C.  415, Sec. 303.

Laws 1968, c. 415, § 303, operative July 1, 1968.  

§69303A.  Soliciting or receiving political contributions by members of Highway Commission prohibited.

No appointed member of the State Highway Commission shall directly or indirectly solicit, receive or in any manner be concerned in soliciting or receiving any assessment, subscription or contribution for any political organization, candidacy or other political purpose. Laws 1969, c. 351, Sec. 1.  Emer. Eff. May 14, 1969.

Laws 1969, c. 351, § 1, emerg. eff. May 14, 1969.  

§69304.  State Highway System  Construction and maintenance  Powers of Commission.

Section 304. (a)  The construction and maintenance of the State Highway System, and all work incidental thereto, shall be under the general supervision and control of the Transportation Commission.

(b)  The Commission shall have power to make all final decisions  affecting the work provided for herein, and all reasonable rules and  regulations it may deem necessary, not inconsistent with this code,  for the proper management and conduct of such work, and for carrying out the provisions of this article, in such manner as shall be to the best interest and advantage of the people of this state.

(c)  The Commission shall have power and authority to contract for and purchase, lease or otherwise acquire any tools, machinery, supplies, material or labor needed or to be needed for such work, having the deliveries of such articles made as actually needed, and to pay for engineering, preparation of plans and specifications, costs of advertising, engineering supervision and inspection and all expenses and contingencies in connection with the construction and maintenance of the State Highway System.  When quality and prices are equal, preference shall be given materials produced within the State of Oklahoma and highway construction companies domiciled, having and maintaining offices in and being citizen taxpayers of the State of Oklahoma.

(d)  The Commission shall have authority to make all contracts and do all things necessary to cooperate with the United States Government in matters relating to the cooperative construction, improvement and maintenance of the State Highway System, or any road or street of any political or governmental subdivision or any municipal or public corporation of this state, for which federal funds or aid are secured.  Such contracts or acts shall be carried out in the manner required by the provisions of the Acts of Congress and rules and regulations made by an agency of the United States in pursuance of such acts.

(e)  Any political or governmental subdivision or any public or municipal corporation of this state shall have the authority to enter into contracts through or with the Commission to enable them to participate in all the benefits to be secured from federal aid funds, or funds made available from the federal government to be used on roads and streets.  The Commission may negotiate and enter into contracts with the federal government, or any of its constituted agencies, and take all steps and proceedings necessary in order to secure such benefits for such political or governmental subdivisions or public or municipal corporations.

(f)  The Commission, on behalf of the state, and any political or governmental subdivision or public or municipal corporation of this state shall have the authority to enter into agreements with each other respecting the planning, designating, financing, establishing, constructing, improving, maintaining, using, altering, relocating, regulating or vacating of highways, roads, streets or connecting links.

(g)  The Commission shall have authority to act in an advisory capacity, upon request, to any political or governmental subdivision or public or municipal corporation of this state in matters pertaining to the planning, locating, constructing and maintaining of roads, highways and streets and other related matters.  The Commission, in such instances, may provide services and may cooperate with such subdivisions and corporations on such terms as may be mutually agreed upon.

(h)  The Commission may purchase out of the State Highway Construction and Maintenance Fund such commercial vehicles and passenger automobiles as may be necessary for the use of the Department and its employees in the construction and maintenance of the State Highway System and all work incidental thereto, and in carrying out the duties now or hereafter imposed upon the Department by the laws of this state.

(i)  The Commission may enter into written agreements with private citizens to allow such citizens to mow state highway rightsofway and keep the clippings from such mowing as the sole compensation therefor.

Laws 1968, c. 415, § 304, operative July 1, 1968; Laws 1971, c. 60, § 1, emerg. eff. April 6, 1971; Laws 1975, c. 326, § 10, emerg. eff. June 12, 1975; Laws 1976, c. 245, § 10, emerg. eff. June 17, 1976; Laws 1978, c. 69, § 1.  

§69305.  Director of the Department of Transportation  Salary.

There is hereby created the office of the Director of the Department of Transportation, who shall be elected by a majority vote of the entire Commission and who shall serve at the pleasure of the Commission.  The Director shall receive an annual salary to be fixed by a majority vote of the entire Commission from appropriations made by the Legislature.

Amended by Laws 1984, c. 239, § 9, operative July 1, 1984.  

§69306.  Powers and duties of Director.

Immediately upon the election and qualification of the Director, he shall become vested with the duties and powers of the management and control of the Department, under such orders, rules and regulations as may be prescribed by the Commission; and in addition thereto he shall have the following specific powers and duties:

(a) To supervise the state highway system under rules and regulations prescribed by the Commission;

(b) To appoint and employ, supervise and discharge such professional, clerical, skilled and semiskilled help, labor and other employees as may be deemed necessary for the proper discharge of the duties of the Department and to fix and determine the salaries or wages to be paid subject to all such rules and regulations as may be promulgated by the Commission, and subject to the policies, rules and regulations of the Office of Personnel Management and the State Merit System of Personnel Administration;

(c) To investigate and determine upon the various methods of road and bridge construction and maintenance in the different sections of the state;

(d) To aid at all times in promoting highway improvements and maintenance throughout the state;

(e) To make recommendations to the Commission in the letting of all contracts for construction or improvements of state highways or any contract for road or bridge construction or improvement where the work is being done in whole or in part with state or federal monies; and to act for the Commission in the purchase of all materials, equipment and supplies as provided for in this Code;

(f) To place on the state highway system any road he deems necessary and to the best interest of the state, when approved by a majority of the entire Commission, and to eliminate from the state highway system any road when approved by a majority of the entire Commission;

(g) To approve and pay claims for the services of professional, clerical, skilled and semiskilled help, laborers and other employees, for the Commission, when the salary or wages of such help and employees shall have been previously approved by the Commission; and to approve and pay progressive estimates on work done or contracts performed, where such work or contracts have theretofore been approved by the Commission; and to approve and pay claims for the purchase of equipment, materials and supplies theretofore authorized by the Commission;

(h) To make emergency purchases of equipment, materials, and supplies, and emergency contracts for construction and repairs, under rules and regulations prescribed by the Commission;

(i) To grant permission to state agencies, municipalities and water companies or districts to lay any water pipeline within the rightsofway of state highways, when approved by the Commission; and

(j) To act for the Department in all matters except as otherwise provided in this Code.

Amended by Laws 1982, c. 338, § 49, eff. July 1, 1982.  

§69306.1.  Contracts  Price adjustment clauses.

The provisions of any other law to the contrary notwithstanding, the Department of Transportation is hereby authorized and empowered to provide for the use of and inclusion in, its construction contracts price adjustment clauses, providing adjustments in contract bid prices as may be deemed necessary and appropriate by the Director for increases or decreases of energyintensive materials based upon the price FOB source on the day of bidding and actual invoice price FOB source on the day of delivery.

This authorization is to be applied only to such contracts as may be determined by the Director and approved by the Transportation Commission and further specified in the notice to bidders.

Laws 1981, c. 339, § 11, emerg. eff. June 30, 1981.  

§69306.2.  Trust for benefit of Transportation Department employees.

The Department of Transportation is hereby authorized to establish, with funds currently held by the Department of Transportation which accrued to its health insurance rate stabilization account, a trust for the benefit of Department of Transportation employees.  The trust shall be under the control of three (3) trustees who shall invest the funds constituting the trust in interest bearing accounts in federally insured institutions or in U.S. Treasury instruments.  The trustees shall be the Director, Deputy Director and Chief Engineer of the Department of Transportation.  The trustees shall serve without compensation from the trust and shall be immune from any legal action relating to the trust except in the case of fraud, theft or misappropriation of trust funds.  The Attorney General shall defend any legal action against the trustees, which may arise from the trustees' administration of the trust.  The cost and expense of participating in such litigation shall be payable from funds in the trust estate, or in the event there are no such funds or insufficient funds, the cost and expense of participating in such litigation shall be borne by the Department of Transportation.  The trustees shall be entitled to full indemnity from funds of this trust provided, however, if there are no such trust funds or insufficient trust funds to reimburse the trustees for any liability or loss they may sustain by reason of any such litigation, then the trustees shall be indemnified from funds of the Department of Transportation; provided further, the trustees shall not be entitled to indemnity from either source if they are adjudged guilty of fraud, theft or misappropriation of trust funds in connection with any such litigation.

The term of this trust shall be for two (2) years from the effective date of this act, provided however, the district court of Oklahoma County may extend the term of this trust in the best interest of the beneficiaries.  Upon formation of this trust, the trustees shall immediately bring an action in the district court of Oklahoma County for a determination of beneficiaries and their interest in the trust, and when determined, the trustees shall distribute the trust in accordance with the determination of the court.

Added by Laws 1988, c. 289, § 18, operative July 1, 1988.  Amended by Laws 1993, c. 161, § 1, emerg. eff. May 7, 1993.

§69308.  Oath of office.

Each member of the Commission and every employee of the Department shall, before entering upon the duties of his office or employment, take and subscribe to an oath or affirmation to support the Constitution of the United States and of the State of Oklahoma, and to discharge faithfully and honestly the duties of such office or employment.  Any officer or employee who shall violate the provisions of this section shall be guilty of a misdemeanor, and such violation shall be cause for removal.

Laws 1968, c. 415, § 308, operative July 1, 1968; Laws 1980, c. 159, § 20, emerg. eff. April 2, 1980.  

§69309.  Employment of persons closely related to members or Director  Contracts with such persons.

It shall be unlawful for the Commission or the Director to appoint or employ, or approve the appointment or employment of, any persons related within the third degree by blood or marriage to the Director or any member of the Commission.  The Director knowingly appointing or employing any persons in violation of this provision, or any member of the Commission knowingly approving or recommending the appointment or employment of persons in violation of such provision, shall be guilty of a misdemeanor.  It also shall be unlawful for the Commission or the Director to approve or enter into any contract with any persons related within the third degree by blood or marriage to the Director or any member of the Commission.  The Director knowingly approving or entering into any such contract in violation of such provision, or any member of the Commission knowingly voting to enter into or to approve any such contract, shall be guilty of a misdemeanor. Laws 1968 C. 415, Sec. 309.

Laws 1968, c. 415, § 309, operative July 1, 1968.  

§69-310.  Conflict of interest.

(a)  No official or employee of the Commission, governing body or other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract.  No engineer, attorney, appraiser, inspector or other person performing services for the Commission, governing body, or other governmental instrumentality in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than his employment or retention by the Commission, governing body, or other governmental instrumentality, in any contract or subcontract in connection with such project.  No officer or employee of such person retained by the Commission, governing body or other governmental instrumentality shall have, directly or indirectly, any financial or other personal interest in any real property acquired for a project unless such interest is openly disclosed upon the public records of the Commission, the governing body or other governmental instrumentality, and such officer, employee or person has not participated in such acquisition for and in behalf of the Commission, the governing body or other governmental instrumentality.

(b)  Any official or employee of the Commission, governing body or other governmental instrumentality, or officer or employee of such person retained by the Commission, the governing body or other governmental instrumentality who knowingly violates any of the provisions of this section shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment in the State Penitentiary for a term not to exceed five (5) years, or by a fine not exceeding Ten Thousand Dollars ($10,000.00), or by both such imprisonment and fine.  In addition, if the Commission or the Director enters into any contract on the part of the Department in which the Director or any member of the Commission is interested, directly or indirectly, and the state suffers a loss due to excessive charges or otherwise, the members of the Commission knowingly voting to enter into or to approve such contract, and the Director knowingly entering into, approving, or recommending any such contract, and the contracting party, shall be jointly and individually liable for any loss the state may suffer.  The official bonds of such officer shall be liable for such loss.  The provisions of this section shall be cumulative to existing law.  The members of the Commission and the Director found guilty of violating any of the provisions of this section shall in addition to the penalty heretofore set out forfeit their respective offices.

(c)  Any employee of the Department, Director or Commission, who in the course of such employment knowingly accepts, approves, or recommends for approval or payment any material, service, job, project, or structure, or any part thereof, which does not meet the specifications therefor, or is to his knowledge otherwise more deficient in quality, quantity or design than was provided for in the plans, purchase orders or any minimum standard provided by any state agency or official, or by law, shall be guilty of a felony and, upon conviction, shall be punished and penalized as provided by this section.

(d)  The ownership by any member of the Commission, or the Director, of less than five percent (5%) of the stocks or shares actually issued by a corporation contracting with the Department shall not be considered an interest, directly or indirectly, in a contract with such corporation within the meaning of this section, and such ownership shall not affect the validity of any contract, or impose liability under this section unless the owner of such stock or shares is also an officer or agent of the corporation or association.  Ownership shall include any stock or shares standing in the name of a member of the Commissioners' or Director's immediate family or a family trust.

Added by Laws 1968, c. 415, § 310, operative July 1, 1968.  Amended by Laws 1997, c. 133, § 569, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 412, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 569 from July 1, 1998, to July 1, 1999.

§69311.  Meetings  Voting.

The members of the Commission shall meet on the first Monday of each month at the Department office in Oklahoma City, Oklahoma, to transact all official business, and shall remain in regular session not to exceed five (5) days in any one month.  Called meetings of the Commission may be had at such times as are deemed necessary by the Chairman or a majority of the members thereof.  There shall be not more than two called meetings each month, and each meeting shall not exceed two (2) days duration.  All official acts of the Commission shall be by majority vote of the total membership of the Commission; provided, the Governor as an ex officio member of the Commission shall be entitled to cast a deciding vote in case of a tie vote. Laws 1968, c. 415, Sec. 311.

Laws 1968, c. 415, § 311, operative July 1, 1968.  

§69312.  Rules and regulations  Nonresidents transacting business with Commission  Agent for service of process  Appointment  Secretary of State as agent  Financial statement by bidders.

The Commission shall have authority to promulgate such reasonable rules and regulations as it may deem necessary for the proper and orderly transaction of its business.  Every nonresident person, natural or artificial, firm or entity, including any corporation not domiciled in this state, shall, before it be permitted to transact business or continue business with the Commission, appoint and maintain an agent upon whom service or process may be had in any action to which such person, natural or artificial, firm or entity shall be a party.  Such agent shall reside in the State of Oklahoma and shall file with the Secretary of State a formal declaration as to his place of residence in the State of Oklahoma.  Service had upon such agent shall be taken and held as service upon such person, natural or artificial, firm or entity.  Such appointment, properly executed and acknowledged, shall be filed with the Secretary of State and shall give the residence address or place of business of such agent.  Contractors or other persons desiring to bid upon construction or maintenance work shall be required to submit a financial statement and such other information as the Commission may deem necessary or desirable, such statement and information to be on file with the Commission for a period of at least ten (10) days prior to the date on which they expect or desire to submit bid or bids to the Commission.  Any person, natural or artificial, firm or entity failing to comply with the provisions of this section shall be deemed to have appointed the Secretary of State as his service agent in accordance with the provisions of Title 47, Sections 391  398, O.S.1961, as amended, and service of process may be had as therein provided.  Laws 1968, C. 415, Sec. 312.

Laws 1968, c. 415, § 312, operative July 1, 1968.  

§69313.  Reports and recommendations.

It shall be the duty of the Commission and Director to make quarterly reports in writing to the Governor of the complete operation, activities, and plans of the Department, together with such recommendations for future activities of the Department as the Commission and Director may deem to be to the best interest of the State of Oklahoma. Laws 1968 C. 415, Sec. 313.

Laws 1968, c. 415, § 313, operative July 1, 1968.  

§69314.  Legal advisors.

The Director shall, with the advice and consent of the Commission, appoint such attorneys as may be necessary for the handling of all legal services for the Commission and the Department.  The attorneys shall be the legal advisors for the Commission and the Director, and are hereby authorized to appear for and represent the Department in any and all litigation that may arise in the discharge of its duties, and advise it upon all legal matters pertaining to the Department.  The attorneys and, in addition, the Attorney General, are further authorized to appear for and represent officers and employees of the Department and the Commission in any civil suits brought against such officers and employees in their individual capacities upon alleged causes of action which arose from acts or omissions of such officers and employees within the scope of their official duties.

The salaries for the attorneys, other than the Attorney General, shall be fixed by the Commission and shall be payable monthly out of the State Highway Construction and Maintenance Fund.

Laws 1968, c. 415, Section 313; Laws 1976, Chapter 19, Section 1.  Emerg. eff. March 2, 1976.

Laws 1968, c. 415, § 314, operative July 1, 1968; Laws 1976, c. 19, § 1, emerg. eff. March 2, 1976.  

§69315.  Audit of books, records and files of Commission and Department.

The State Auditor and Inspector shall audit the books, records and files of the Commission and the Department and shall file his report thereof not later than December 15 following the close of each fiscal year.  Such audit shall be continuous in nature and shall contain a report on the several divisions and the activities thereof.  The State Auditor and Inspector shall make his report of such audits in quadruplicate, one copy thereof to be filed with the Governor, one copy with the State Director of Finance, one copy with the Commission, and shall retain one copy as a public record in his office.  The copies shall be filed in each of such divisions as soon as they are received by them.  The expenses of such audits shall be paid by the Commission out of the State Highway Construction and Maintenance Fund upon the presentation of sworn and itemized claims, which claims shall have been duly approved by the State Auditor and Inspector.  A sum equivalent to onetenth of one percent (1/10 of 1%) of the warrants issued during the previous fiscal year shall be allotted and appropriated annually from such Fund for the expense of this audit. If such sum is found to be inadequate for the purposes above set forth, then the Commission may allot and appropriate from such Fund such additional sums as may be necessary.

Laws 1968, c. 415, § 315, operative July 1, 1968; Laws 1979, c. 30, § 130, emerg. eff. April 6, 1979.  

§69316.  Certification of county road mileage.

The Commission, on or before the first day of June of each year, shall certify to the Oklahoma Tax Commission the county road mileage of each county and the total county road mileage of the state as such mileage existed on the first day of January of such year.  Such mileage shall be the computation of the existing road mileage for counties including any mileage represented by streets or roads in municipalities with a population of less than two thousand five hundred (2,500) and any other streets and roads in municipalities with a population of less than five thousand (5,000) that the county has agreed to construct, maintain, or repair.  Any roads removed from the State Highway System by the Transportation Commission and returned to the county road system shall be added to the total county road mileage of the said county.

Added by Laws 1963, c. 351, § 1.  Amended by Laws 1967, c. 366, § 1; Laws 1968, c. 415, § 316, operative July 1, 1968; Laws 1981, c. 309, § 1; Laws 1983, c. 317, § 8, emerg. eff. June 27, 1983; Laws 1987, c. 236, § 118, emerg. eff. July 20, 1987; Laws 2002, c. 142, § 2, eff. July 1, 2002.

§69317.  Cooperation with counties, municipalities, other states and United States.

The Department shall have the power and authority to cooperate with the several counties and municipalities of the State of Oklahoma, and with the State Highway Departments, bureaus, commissions, and the authorities now in existence or hereafter created by the Congress of the United States and by the Legislature of this State, or other states, and by whatever name or title designated, by providing surveys, maps, specifications, and other things necessary in planning, supervising, locating, improving, and constructing roads and highways, and bridges including interstate bridges, and streets, in any part, section, or area of the State of Oklahoma. Laws 1968 C. 415, Sec. 317.

Laws 1968, c. 415, § 317, operative July 1, 1968.  

§69318.  Agreements with Public Welfare Commission  Construction and maintenance of roads  Costs.

The State Highway Commission and the Oklahoma Public Welfare Commission may enter into an agreement whereby the State Highway Commission shall construct and/or maintain various roads located on the grounds of state institutions under the supervision and control of the Oklahoma Public Welfare Commission.  Such agreement shall provide that the cost of materials shall be divided between the two departments on the basis of twentyfive percent (25%) by the Department of Highways and seventyfive percent (75%) by the Department of Public Welfare, and the total amount to be expended in one (1) year shall not exceed Four Hundred Thousand Dollars ($400,000.00).  The order or priority for construction or maintenance of such roads shall be determined by the Oklahoma Public Welfare Commission.  Laws 1968, c. 415, Sec. 318.

Laws 1968, c. 415, § 318, operative July 1, 1968.  

§69319.  Status of employees under Merit and Retirement Systems not changed.

This Code shall not affect the status, rights and privileges accrued under the State Merit System of Personnel Administration, or the Oklahoma Public Employees Retirement System, to persons serving as employees of the Department of Highways created by 69 O.S.1961, Section 20.1, when this Code becomes effective, and continuing to serve as employees of the Department created by Section 301 of this Code.  For the purposes of 74 O.S.1961, Sections 801  839, as amended, and Chapter 50, Oklahoma Session Laws 1963 (74 O.S. Supp. 1965, Sections 901  928), the former Department and the latter Department shall be deemed to be a single continuing department or agency of the state government; and persons serving as employees of the former Department and continuing as employees of the latter Department shall be entitled to the same status, rights and privileges that they would have had if the former Department had remained in existence.  Laws 1968, C. 415, Sec. 319.

Laws 1968, c. 415, § 319, operative July 1, 1968.  

§69320.  Quiet title actions  Service of summons on Department or Commission.

In any action to quiet title to real property, the Department or the Commission may be made a party defendant for the purpose of determining whether the Department or the Commission has or claims any interest in such real property; and in any such action service of summons upon the Department or the Commission may be made by delivery of a copy of the summons to the Director.  Laws 1968, c. 415, Sec. 320.

Laws 1968, c. 415, § 320, operative July 1, 1968.  

§69-321.  Oklahoma School for the Deaf in Sulphur, Murray County - Erection of informational highway sign.

The Oklahoma Department of Transportation shall erect an informational highway sign on I-35 at or near the Sulphur exit for the Oklahoma School for the Deaf in Sulphur, Murray County.

Added by Laws 1992, c. 46, § 1, eff. Sept. 1, 1992.

§69401.  Cooperation with, or agency for, Bureau of Public Roads  Contracts on terms approved by Bureau of Public Roads.

In order to facilitate civil defense and the construction and maintenance of flight strips, access highways, and the construction of other federal aid highways and roads, the Commission, upon the request of the Bureau of Public Roads, may cooperate with and act as the agent of the Bureau of Public Roads in making the surveys, plans and specifications and estimates for, and in the construction and maintenance of, flight strips, roads and bridges necessary to provide access to military and naval establishments, defense industries, defenseindustry sites, source of raw materials, roads and bridges replacing existing highways and highway connections shut off from general public use at military and naval reservations and defenseindustry sites, and other federal aid highways. Notwithstanding any other provisions of law, the Commission may negotiate and enter into contracts for the construction or maintenance of any such flight strip, road, bridge or highway, under such procedure, in such manner and upon such terms and conditions as may be approved by the Bureau of Public Roads, or may, either as principal or agent of the Bureau of Public Roads, perform such construction and maintenance work by the "forceaccount" method. The provisions of this article shall be applicable in all cases where the work is being paid for either in whole with federal funds or in part with federal funds and in part with funds of the State of Oklahoma or one of its subdivisions. Laws 1968 C. 415, Sec. 401.

Laws 1968, c. 415, § 401, operative July 1, 1968.  

§69402.  State Highway Construction and Maintenance Fund  Use of  Acceptance and disbursement of federal funds  Liability of State Treasurer.

The Commission shall have authority to use any money in the State Highway Construction and Maintenance Fund to carry out the provisions of this article.  Whenever the Commission contracts as the agent of the Bureau of Public Roads, it shall be authorized to accept and receive federal funds for disbursement in the discharge of the obligation of such contracts, and to deposit same in a special account in the State Treasury, and to disburse the same in such manner as may be approved by the Bureau of Public Roads.  The State Treasurer and his bondsmen shall be liable for any such federal funds so deposited by the Commission.  Laws 1968, c. 415, Sec. 402.

Laws 1968, c. 415, § 402, operative July 1, 1968.  

§69-403.  State Infrastructure Bank.

A.  The Transportation Commission is hereby authorized to create a "State Infrastructure Bank", pursuant to the federal National Highway System Designation Act of 1995, for the purpose of pooling available federal, private and state appropriated or revolving fund monies specifically authorized by the Legislature for such use.  The Commission shall be the instrumentality to make application to the Federal Highway Administration for the capitalization grant which is to be placed in the State Infrastructure Bank.  The Commission shall adopt all rules necessary to implement and effectuate the provisions of this act.

B.  The State Infrastructure Bank authorized by this section may be utilized by the various counties of Oklahoma for pooling available federal, private and state appropriated or revolving fund monies specifically authorized by the Legislature for capital improvements.  The various counties of Oklahoma are authorized to receive and repay monies from the Oklahoma Department of Transportation revolving fund designated as the "State Infrastructure Bank Revolving Fund" for the purpose specifically authorized by the Legislature.

C.  The Transportation Commission shall be authorized to make loans from the State Infrastructure Bank to qualified applicants as provided in this act in order to implement the provisions of the National Highway System Designation Act of 1995.

Added by Laws 1996, c. 303, § 1, emerg. eff. June 10, 1996.  Amended by Laws 1997, c. 218, § 8, eff. Nov. 1, 1997; Laws 1998, c. 292, § 1, eff. Nov. 1, 1998.

§69-403.1.  Definitions.

For the purposes of this act:

1.  "Eligible project" means the construction, restoration, or replacement of a public transportation facility, limited to highways, bridges, roads, streets, rail crossings, and right-of-way acquisition that would enhance the economic development of this state and provide safety to the citizens of this state;

2.  "Eligible applicant" means state agencies, counties, cities, special districts, municipal corporations, and Indian tribal governments;

3.  "Commission" means the Oklahoma Transportation Commission;

4.  "Department" means the Oklahoma Department of Transportation; and

5.  "Director" means the Director of the Oklahoma Department of Transportation.

Added by Laws 1998, c. 292, § 3, eff. Nov. 1, 1998.

§69-404.  State Infrastructure Bank Revolving Fund.

A.  There is hereby created in the State Treasury a revolving fund for the Oklahoma Department of Transportation to be designated the "State Infrastructure Bank Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of the following:

1.  All monies received by the Department of Transportation as provided in Section 403 of this title;

2.  All monies received pursuant and subject to the provisions of the National Highway System Designation Act of 1995 which are eligible for use in state revolving loan funds established to meet the requirements of that act;

3.  All monies appropriated to this fund;

4.  Payments of principal and interest and penalty payments on loans made directly from federal monies and appropriated monies in this fund;

5.  Annual state administration fees of one-half percent (1/2%) on the outstanding loan balance; and

6.  Any other sums designated for deposit to this fund from any source, public or private.

All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Oklahoma Department of Transportation for the purposes of effectuating the provisions of this act.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

B.  The monies placed in the State Infrastructure Bank Revolving Fund shall be invested by the State Treasurer as prescribed by Section 89.2 of Title 62 of the Oklahoma Statutes.  Any interest earned by the State Treasurer shall be deposited to the credit of the State Infrastructure Bank Revolving Fund.  Monies invested by the State Treasurer shall be available to meet the program funding needs established by the Department of Transportation pursuant to this act.

Added by Laws 1996, c. 303, § 2, emerg. eff. June 10, 1996.  Amended by Laws 1998, c. 292, § 2, eff. Nov. 1, 1998.

§69-405.  Use of fund - Purposes.

The Oklahoma Department of Transportation shall use the State Infrastructure Bank Revolving Fund only as provided by the National Highway System Designation Act of 1995 for the following purposes:

1.  To make a loan to an eligible entity if:

a. the loan application, project and planning documents have been approved by the Department or the Oklahoma Transportation Commission,

b. the loan is made at or below market interest rates,

c. principal and interest payments will begin no later than the month following the completion of the project,

d. the State Infrastructure Bank Revolving Fund will be credited with all payments of principal and interest on all loans,

e. the applicant demonstrates to the satisfaction of the Department the financial capability to assure sufficient revenues to pay debt service,

f. the recipient of the loan establishes a dedicated source of revenue for payment of debt service for the loan, and

g. the recipient agrees to maintain financial records in accordance with governmental accounting standards, to conduct an annual audit of the financial records relating to the construction project, and to submit the audit report to the Department on a scheduled annual basis;

2.  To guarantee or purchase insurance for eligible entities if the guarantee or insurance would improve access to market credit or reduce interest rates;

3.  To provide loan guarantees to similar revolving loan accounts or funds established by eligible entities;

4.  To administer the State Infrastructure Bank Revolving Fund  pursuant to the provisions in this act.  All funds to be utilized for administrative costs from the State Infrastructure Bank Revolving Fund shall be subject to annual appropriation by the Legislature; and

5.  For such other purpose or in such manner as is determined by the Commission or the Director to be an appropriate use of the State Infrastructure Bank Revolving Fund and which has been specifically approved by the Federal Highway Administration pursuant to the National Highway System Designation Act of 1995.

Added by Laws 1998, c. 292, § 4, eff. Nov. 1, 1998.

§69-406.  Additional powers and duties of Department - Review of applications - Oversight and technical assistance.

In addition to other powers and duties provided by law, the Oklahoma Department of Transportation shall have the power and duty to:

1.  Review, assess, and prioritize the preliminary applications received from eligible applicants;

2.  Determine the feasibility of each transportation project and the eligibility of the entity to receive funding from the State Infrastructure Bank Revolving Fund;

3.  Determine which applications should be referred to the Commission for loans from the State Infrastructure Bank Revolving Fund; and

4.  Provide oversight and technical assistance during the planning, design, and construction phases of the transportation project for which the entity is applying for the loan.

Added by Laws 1998, c. 292, § 5, eff. Nov. 1, 1998.

§69-407.  Rules.

The Oklahoma Department of Transportation shall prescribe such rules as may be necessary for determining the eligibility and priority of such entities for transportation projects in order to receive loans made pursuant to the National Highway System Designation Act of 1995 and the State Infrastructure Bank Revolving Fund.  At a minimum, such rules shall:

1.  Ensure the fair and equitable prioritization of entities eligible for loans made pursuant to the provisions of this act;

2.  Be in conformance with applicable provisions of the National Highway System Designation Act of 1995;

3.  Require that, to be approved, an applicant needs or will need the transportation project loan to comply with regulations and standards adopted by the Department; and

4.  Require the transportation project to:

a. be designed to enhance the economic development of this state and provide safety to its citizens,

b. meet the established criteria of the Department as provided for by the National Highway System Designation Act of 1995,

c. comply with all applicable federal, state, and local laws and rules, and

d. meet any other consideration deemed necessary by the Department.

Added by Laws 1998, c. 292, § 6, eff. Nov. 1, 1998.

§69-408.  Additional powers and duties of Department - Administration of monies - Establishment of accounts and subaccounts.

In addition to the other powers and duties provided by law, the Oklahoma Department of Transportation shall have the power and duty to:

1.  Manage, maintain, expend and otherwise administer monies in the State Infrastructure Bank Revolving Fund and any accounts or subaccounts in the Fund, pursuant to the provisions of this act.  The Department shall manage the Fund so as to make available the amounts necessary to fund loans to the eligible entities entitled to receive funding pursuant to the provisions of this act;

2.  Establish separate accounts and subaccounts within the State Infrastructure Bank and provide that such accounts be segregated and used for specified purposes or held as security for designated obligations; and

3.  Enter into binding loan agreements with the eligible entities as specified by the Department.

Added by Laws 1998, c. 292, § 7, eff. Nov. 1, 1998.

§69-409.  Preliminary evaluations of transportation projects - Financial review - Final loan applications - Approval or rejection - Release of loan proceeds.

A.  By May 1, 1999, the Oklahoma Transportation Commission shall provide financial review guidelines to the Oklahoma Department of Transportation for use by the Department in preliminary evaluations of transportation projects.  The evaluation shall include such information as required by the Department and the Commission, including but not limited to:

1.  Cost of the proposed transportation project;

2.  Amount of the loan requested;

3.  Repayment schedule; and

4.  Existing and anticipated assets and liabilities of the applicant.

B.  Upon a determination of the Department that an entity meets the criteria to receive funding pursuant to the provisions of this act, the Department shall forward to the Commission the preliminary application for an initial financial review.

C.  Upon receipt of the preliminary application, the Commission shall prepare an initial financial review of the entity based upon:

1.  The documents submitted by the Department and any additional information requested by the Commission through the Department, necessary to make a financial review of such entity; and

2.  The proposed loan amount and interest rate for which the entity qualifies.

Upon conclusion of the initial financial review, the Commission may either recommend approval or rejection of the proposed loan.

D.  The Commission shall return the preliminary application to the Department with a written recommendation of approval or rejection.  If the Commission recommends rejection, the written recommendation shall include the reason for the rejection.  The Commission shall forward a written copy of the rejection notice to the entity.  The entity may then be allowed to modify any such documents in order to comply with the requirements of the Commission and may resubmit the necessary financial documents to the Department.

E.  If the Commission recommends approval, the Commission shall notify the Department of the acceptance.  Upon receipt of the notice and upon approval of the planning documents by the Department, the Department shall notify the entity of the approval and request the entity to prepare and submit the final loan application and a nonrefundable loan application processing fee in the amount of Five Hundred Dollars ($500.00).

F.  Upon a determination of compliance with the state and federal laws, the Department is authorized to approve, refer and forward the final loan application and necessary documents to the Commission with the recommendation that a loan be made to the eligible entity pursuant to the federal National Highway System Designation Act of 1995 from the State Infrastructure Bank Revolving Fund.

G.  Upon review of the final loan application and applicable documents, the Commission shall either approve or reject the loan application.  The Commission may request additional information from the applicant or the Department in order to complete the financial review of the application for the loan.  The Commission shall notify the applicant of any rejection of the final loan application.  Notification of approval of such entity for a loan shall be sent to the Department and the Department shall notify the applicant.  The Department shall have the authority to grant final approval for disbursement of loan proceeds by the State Infrastructure Bank and to present the proceeds at the closing of the loan.  Upon request for disbursement of funds from the account pursuant to the provisions of this act, the Commission shall provide for the release of the loan proceeds.

H.  Payment on loans shall be made to the State Infrastructure Bank as provided in the loan documents.

Added by Laws 1998, c. 292, § 8, eff. Nov. 1, 1998.

§69-410.  Annual audit.

The State Auditor and Inspector shall perform an annual audit of any revenues and expenditures from the State Infrastructure Bank Revolving Fund.

Added by Laws 1998, c. 292, § 9, eff. Nov. 1, 1998.

§69-411.  Default - Collections.

In the event of a default in payment of the principal or interest on loans made from the State Infrastructure Bank Revolving Fund pursuant to this act, the Attorney General is empowered and it shall be the duty of the Attorney General to take actions to collect any amounts due or owing to the Fund.  The Attorney General shall institute appropriate proceedings to compel the defaulting party and its officers, agents, and employees to cure the default.  Jurisdiction of any proceedings shall be in the district court of Oklahoma County.

Added by Laws 1998, c. 292, § 10, eff. Nov. 1, 1998.

§69-412.  Revenue sources.

A.  In order to administer the State Infrastructure Bank, the following sources of revenues may be utilized:

1.  Monies from the State Infrastructure Bank Revolving Fund pursuant to the federal National Highway System Designation Act of 1995;

2.  Loan processing fees; and

3.  Appropriations from the General Revenue Fund or other funds as may be provided for this purpose.

B.  All funds to be utilized for administration by the Oklahoma Department of Transportation shall be subject to annual appropriation by the Legislature.

Added by Laws 1998, c. 292, § 11, eff. Nov. 1, 1998.

§69-501.  Classes of highways - Construction, repair, and maintenance - Removal from System - Maps.

A.  The highway system of this state shall be divided into two classes to be known as the State Highway System and county highway system.  The State Highway System shall be designated by the Commission and shall be composed of intercounty and interstate highways.

B.  When the Commission shall have taken over any highway, or part thereof, as a state highway, the Commission shall become responsible for the construction, repair and maintenance of such highway and for this purpose shall be authorized to use any state highway funds, together with any money derived from any agreement entered into between the Commission and the federal government, any county, or any citizen or group of citizens who have made donations for that purpose.

C.  When any segment of the State Highway System is removed from the system, all right, title, and interest to the road, right-of-way, and any signs or facilities shall revert to the appropriate county or municipal authority.  The Department of Transportation shall determine the specific right-of-way to be conveyed and prepare and execute a conveyance of title document which shall be forwarded to the local authority to be filed with the county clerk.

D.  Prior to returning a state highway back to the county highway system, the Oklahoma Department of Transportation shall make any necessary improvements to the road to meet the minimum design guidelines as set forth in the current State of Oklahoma County Road Design Guidelines Manual, and provide a driving surface that has no less than a good rating according to the current County Road Surface Management System.  Prior to returning a state highway bridge back to the County Bridge System, the Oklahoma Department of Transportation shall make any necessary improvements to the bridge so that it will achieve a minimum H-20 twenty (20) ton computed operating rating according to the National Bridge Inventory System and a Minimum Scour Rating of 3, NBI Item 113.

E.  The Commission shall provide and maintain a map of the state which shall show all the highways which have been designated as part of the State Highway System and, when practical, status of improvement thereon.  In addition, the Commission shall include on such map the principal access road to every city and town not served by the State Highway System and which has a United States Post Office or with a population in excess of one hundred (100) persons according to the latest Federal Decennial Census.

Added by Laws 1968, c. 415, § 501, operative July 1, 1968.  Amended by Laws 1970, c. 59, § 1, emerg. eff. March 16, 1970; Laws 1998, c. 73, § 1, eff. Nov. 1, 1998; Laws 1998, c. 206, § 1, eff. Nov. 1, 1998.

§69502.  Roads connecting public use areas, state parks, national parks and stateowned institutions with certain highways or streets  Roads within boundaries of state parks and memorials.

(a) The Commission, at its discretion, may designate and maintain as a part of the State Highway System any roads connecting public use areas, state parks, national parks and stateowned institutions of the State of Oklahoma with federal highways, state highways, county highways or municipal streets where the rightofway for the roads has been obtained and title thereto is in the State of Oklahoma or any agency thereof; and the Commission shall construct or maintain roads and highways within the boundaries of state parks and memorials.

(b) The Commission may use any state highway funds for the purpose of constructing, repairing and maintaining such roads.  Laws 1968, c. 415, Sec. 502, Laws 1970, c. 9, Sec. 1.

Laws 1968, c. 415, § 502, operative July 1, 1968; Laws 1970, c. 9, § 1.  

§69-502.1.  National Highway System connector route.

The Transportation Commission shall designate and maintain as part of the State Highway System any road accepted by the Federal Highway Administration as a National Highway System connector route to an intermodal port.  Such road shall not exceed one and one-half (1 1/2) miles in length.

Added by Laws 2001, c 399, § 7, emerg. eff. June 4, 2001.

§69503.  Notice before removal of highways from State Highway System.

Any highway designated as a state highway shall not be removed by the Commission from the State Highway System until notice in writing of intention to do so has been given to the State Senators and State Representatives of the respective districts which may be affected, thereby fixing a time for a public hearing thereon, which hearing shall be held not less than ten (10) days after the notice specified herein. Laws 1968, C. 415, Sec. 503.

Laws 1968, c. 415, § 503, operative July 1, 1968.  

§69504.  Maintenance of streets, roads and stateowned parking lots on Capitol grounds and adjacent lands.

A.  It shall be the duty of the Department of Transportation to maintain all streets, roads and stateowned parking lots, including all streets designated on the plat filed in the office of the Secretary of State as File No. 155 of the "State Property Records" and all streets within the boundaries of the "State Capitol Park" and the "Cowboy Hall of Fame Park" upon its establishment.

B.  The streets, roads and parking lots described in subsection A of this section shall constitute and be incorporated as a part of the State HighwaySystem, and the Commission is authorized to expend any money appropriated for the construction and maintenance of these highways, streets, roads and parking lots.

Laws 1968, c. 415, § 504, operative July 1, 1968; Laws 1981, c. 280, § 1, emerg. eff. June 26, 1981.  

§69505.  Title to removed bridge due to construction or reconstruction of state highway.

In the construction or reconstruction of a state highway, in the event it is necessary to remove any bridge structure, title to such bridge structure removed is in the State Highway Department regardless of the source of the funds from which said removed bridge was originally constructed. Laws 1970 C. 59, Sec. 2. Emerg. eff. March 16, 1970.

Laws 1970, c. 59, § 2, emerg. eff. March 16, 1970.  

§69601.  Authority and duties of county commissioners.

A.  The county highway system shall be composed of all public roads within any county, less any part of any road or roads which may be designated as a state highway by the State Transportation Commission.  It shall be the duty of the board of county commissioners in each county to construct and maintain as county highways those roads which best serve the most people of the county.  For this purpose the board of county commissioners is authorized to use any funds which are in the county highway fund, subject to statutory restrictions on the use of any of such funds, together with any money or item of value derived from any agreement entered into between the county and the Transportation Commission, the federal government, this state, any other county or political subdivision of this state or other governmental entity, or any citizen or group of citizens who have made donations for that purpose.  The boards of county commissioners of the various counties shall have exclusive jurisdiction over the designation, construction and maintenance and repair of all of the county highways and bridges therein.  All interlocal cooperation agreements made pursuant to this section between counties and those political subdivisions or citizens of a county shall be submitted to the district attorney of each of the counties subject to the agreement for approval.  All other interlocal cooperation agreements shall be submitted and approved in accordance with Sections 1001 through 1008 of Title 74 of the Oklahoma Statutes.

B.  The boards of county commissioners are hereby authorized to establish road improvement districts as provided by law for existing roads in the unincorporated areas of counties.  The boards of county commissioners may also have improvements made on existing roads in unincorporated areas of counties on a force account basis.

Added by Laws 1968, c. 415, § 601, operative July 1, 1968.  Amended by Laws 1978, c. 208, § 1, eff. Jan. 1, 1979; Laws 2000, c. 180, § 1, eff. Nov. 1, 2000.

§69601.1.  Plans and specifications for new roads and bridges

The board of county commissioners in each county may cause to be prepared, and may adopt by resolution, standard plans and specifications for the establishment and construction of new roads or bridges to be dedicated to the use and benefit of the public. Such roads or bridges must meet such specifications before being accepted and becoming public roads. Laws 1975, c. 239, Sec. 1. Emer. Eff. May 30, 1975.

Laws 1975, c. 239, § 1, emerg. eff. May 30, 1975.  

§69601.2.  Exemptions.

This act shall not apply to cities, towns, planning district or any other area where jurisdiction is otherwise vested by law in a political subdivision to establish standards for the dedication of roads or bridges. Laws 1975, c. 239, Sec. 2.  Emer. Eff. May 30, 1975.

Laws 1975, c. 239, § 2, emerg. eff. May 30, 1975.  

§69-601.3.  Adoption of annual priority plan and budget for construction of road, bridge, culvert and drainage projects - Amendment.

A.  On or before September 30 of each year the board of county commissioners shall adopt an annual priority plan and budget for the construction of road, bridge, culvert and drainage projects during the next federal fiscal year and the four (4) years succeeding the next federal fiscal year, based upon available existing and estimated future funds administered by the Department of Transportation for county bridges and roads.  The plan shall be filed by the board of county commissioners with the Department of Transportation and the county clerk.

B.  The board of county commissioners may amend annual priority plans and budgets, but any amendment shall be filed with the Department of Transportation and county clerk.

Added by Laws 1982, c. 311, § 2.  Amended by Laws 2005, c. 174, § 2, emerg. eff. May 16, 2005.

§69601.4.  Application of waste oil to streets and roads prohibited.

A.  Except as otherwise provided in this section, the practice of applying waste oil to any street or road in this state is hereby prohibited.  Upon authorization of the Corporation Commission and compliance with the provisions of this section, a board of county commissioners of any county in this state may apply waste oil to any street or road in the county.

B.  The Corporation Commission may issue authorization for the application of waste oil on any street or road in this state.  No authorization shall be issued except upon proper application and a showing by the county requesting such authorization that the use of waste oil on the street or road is necessary for the care, maintenance, and improvement of the street or road, that such activity is in the public interest, and that the procedure for the application of the waste oil shall be made in such a manner so as to protect any adjoining public or private property from damage and made in such a manner so as to prevent the pollution of surface and subsurface waters.

C.  The Corporation Commission shall promulgate rules and regulations which are necessary to protect, from damage, public and private property adjoining any street or road upon which waste oil is to be applied and prevent the pollution of surface and subsurface waters and which are reasonable and necessary to effectuate and enforce the provisions of this section including but not limited to the types of waste oil which may be used in such applications and when the application of the waste oil shall be made.  The Corporation Commission shall supervise the application of waste oil to ensure that such application is made in the manner required by the rules and regulations promulgated by the Commission pursuant to this section.

D.  Any person who authorizes the application of or applies waste oil to any street or road without authorization of the Corporation Commission or in violation of any rule or regulation of the Corporation Commission promulgated pursuant to this section shall be held personally liable.  A proven violation of the provisions of this section or of any rules or regulations promulgated thereto shall be punishable, in the first instance, by a fine not in excess of Two Thousand Five Hundred Dollars ($2,500.00). A second proven violation in any calendar year shall result in a fine not in excess of Five Thousand Dollars ($5,000.00).  A third proven violation in any calendar year shall result in a fine not in excess of Ten Thousand Dollars ($10,000.00) and suspension of authority for up to thirty (30) days.

E.  For the purpose of this section, "waste oil" includes crude petroleum oil or other hydrocarbons produced from or obtained or used in connection with the drilling, development, producing and processing of oil or any residue obtained from any oil storage facility.  The term waste oil shall not include any hydrocarbon to which lead has been added.

Added by Laws 1985, c. 340, § 1, emerg. eff. July 30, 1985.  

§69-601.5.  Maintenance or improvement of private roads for school bus turn-arounds.

In order to protect the health, safety and welfare of the children of this state, the board of county commissioners shall be authorized to enter onto private property adjoining county roads in order to perform maintenance or improvements to an existing private road when:

1.  The private road is used by a school bus to turn around;

2.  The available right-of-way does not provide enough space for the school bus to turn around without endangering the occupants of the school bus; and

3.  The owner of the private road agrees in writing to the necessary maintenance or improvements.

The maintenance or improvements to the private road shall be limited to the area necessary for the school bus to adequately turn around.

Added by Laws 1999, c. 341, § 8, eff. Nov. 1, 1999.

§69602.  State and county highways  Connection with city paving  Federal aid.

(a) A hard surfaced state or county highway may be extended into the corporate limits of a municipality to connect with the paving of such municipality under the following conditions:

(1) When any state or county highway within any county has been completed with hard surface to the limits of any municipality which maintains a system of street paving but none of the paved streets of which reach to or connect with such hard surfaced state or county highway; or

(2) When such paved streets are not at a greater distance than two (2) miles from such hard surfaced highway; or

(3) If the board of county commissioners of such county finds and so certifies of record that such municipality is unable to extend its paving to connect with such hard surfaced state or county highway by reason of the value of abutting real estate that would be liable for such paving being inadequate to sustain the cost thereof; or

(4) If it will be for the best interests of the citizens and residents of such county that such hard surfaced highways be connected with the paving in such municipality by a hard surfaced road.

(b) Provided, however, that the cost of such extension within such municipality as herein provided shall be borne by the county within which such municipality is located.

(c) Provided, further, that when federal aid may be obtained, the board of county commissioners shall take such action as will secure federal aid available for the construction of any hard surfaced road or street as authorized by this section.  Laws 1968 C. 415, Sec. 602.

Laws 1968, c. 415, § 602, operative July 1, 1968.  

§69603.  Contracts for grading, etc., of streets within incorporated cities or towns.

The board of county commissioners of any county may, under the direction of the Commission, contract for grading, draining or hardsurfacing any street within any municipality where such street is a continuation of or a connecting link in the State or county Highway System. Laws 1968 C. 415, Sec. 603.

Laws 1968, c. 415, § 603, operative July 1, 1968.  

§69-604.  Bonds authorized for roads and bridges - Procedure.

The board of county commissioners may issue bonds of its county for the purpose of building, constructing, repairing or acquiring bridges, and for building and constructing state or county roads and bridges; provided, the issuance of such bonds shall first be approved by not less than three-fifths (3/5) of the qualified voters of the county voting on the question at an election held for such purpose.  Such election shall be called and held, and the bonds shall be issued and sold, as in the case of bonds issued for the erection of county hospitals.

Added by Laws 1968, c. 415, § 604, operative July 1, 1968.

§69605.  Bridge contracts  Preliminary action.

Whenever the board of county commissioners shall determine to construct a permanent bridge or culvert, the engineer's estimated cost of which exceeds the sum of Ten Thousand Dollars ($10,000.00), it shall adopt a resolution of necessity, containing substantially the following matters, to wit:

(a) The location of such bridge or culvert, which location shall be so plainly pointed out that the same can easily be determined.

(b) The material of which such bridge or culvert is to be constructed.

(c) The approximate width of the roadway and depth of fill, if any, over the crown or floor of the bridge or culvert.

(d) The approximate length of span or arch of the bridge or culvert.

(e) The approximate area of the watershed to be drained through the bridge or culvert.

(f) The estimated cost of the bridge or culvert.

Laws 1968, c. 415, § 605, operative July 1, 1968; Laws 1979, c. 92, § 1, emerg. eff. April 24, 1979.  

§69606.  Bridges between adjoining counties.

The board of county commissioners of any two or more adjoining counties may unite in the construction of a bridge, or bridges, over any stream forming the boundary line between such counties or flowing from one county into the other, and the said bridge, or bridges, may be located by them at any point or points on the stream not more than two (2) miles from the boundary line of the counties. If the board of county commissioners of each county so situated finds that a bridge across the stream is necessary and approves its construction, it shall be the duty of the boards of county commissioners, and each of them, to at once proceed with the construction of the bridge. Such counties shall bear equally the cost of the construction of the bridge, or bridges; such construction shall be under the supervision of the boards of county commissioners, which boards shall act in conjunction in such construction; and the bridge, when so constructed, shall remain the property of such counties, respectively, and shall be jointly maintained by such counties. Laws 1968 C. 415, Sec. 606.

Laws 1968, c. 415, § 606, operative July 1, 1968.  

§69607.  Intercounty bridges  Proceedings (Boundary bridges).

(a) Whenever the public convenience justly demands it and the need thereof shall be appropriately signified, as herein provided, then the board of county commissioners must proceed as follows with respect to intercounty bridges across streams serving in whole or in part as a boundary between two counties: After the presentation in the case of a bridge to cost not over One Thousand Dollars ($1,000.00), of a petition signed by at least fifty taxpayers of each county; to cost from One Thousand Dollars ($1,000.00) to Ten Thousand Dollars ($10,000.00), by seventyfive taxpaying signers in each county; to cost more than Ten Thousand Dollars ($10,000.00), by one hundred taxpaying signers in each county, to the board of county commissioners, it may within one (1) year proceed to act and construct the bridge if such levy as may be required for this purpose may be made within the constitutional limitation as to tax levies; and such petitions or actions, at whatever stage, shall bind and have equal force with the successors in office to those Commissioners originally receiving it.  The cost of the bridge shall be apportioned between the counties upon the basis of their total valuation, unless the boards of county commissioners in the exercise of sound judgment shall agree to apportion it otherwise.

(b) The above proceeding shall not apply in the case of intercounty bridges where the total span is two hundred (200) feet or more, including approaches thereto of timber work or any material other than earth embankment, if there is another bridge of substantially equal size and importance over the same stream within six (6) miles of the proposed location.  Laws 1968, c. 415, Sec. 607.

B

Laws 1968, c. 415, § 607, operative July 1, 1968.  

§69608.  Repair of bridges, payment for by county.

The board of county commissioners may pay for the reconstruction or repairing of such county bridges as have been damaged or destroyed by floods.  Provided, that the authority granted by this section shall apply only to claims for repairing or reconstructing bridges previously owned by the county on the same site.  Laws 1968, c. 415, Sec. 608.

Laws 1968, c. 415, § 608, operative July 1, 1968.  

§69609.  Allowance of accounts for repair or reconstruction of bridges.

The accounts for repairing or reconstructing such bridges destroyed or damaged shall be filed and allowed by the board of county commissioners upon accounts itemized and verified by affidavit as in other cases. Laws 1968 C. 415, Sec. 609.

Laws 1968, c. 415, § 609, operative July 1, 1968.  

§69610.  Joint construction of bridges by county, city and public service corporation.

Any county, by act of the board of county commissioners, and any municipality within such county, by a majority of its governing board, and any public service corporation organized under the laws of the State of Oklahoma, may all or either of them jointly contract for the construction and maintenance of bridges across streams running through such county. Laws 1968 C. 415, Sec. 610.

Laws 1968, c. 415, § 610, operative July 1, 1968.  

§69611.  Contracts for bridges with public service corporations authorized  Bond issue  Tax levy.

Any public service corporation organized under the laws of the State of Oklahoma may jointly contract with any municipality, county, or citizen of same, for the joint construction, maintenance, ownership and use of any bridge or bridge approaches over and across any stream, river, or creek, and any such public service corporation may contract with any municipality or county for the purchase of such bridge and for the joint ownership and use thereof by the public service corporation and the public; and the several parties so interested may contract and set aside the part of such bridge or bridges and approaches to be used or maintained by each, and such municipality or county may issue and sell bonds, or levy taxes, to pay for construction or purchase of such bridge or bridges, or interest therein, the same as bonds are issued or taxes levied for other bridge purposes. Laws 1968 C. 415, Sec. 611.

Laws 1968, c. 415, § 611, operative July 1, 1968.  

§69612.  Bonds for bridges jointly constructed between county and municipality.

When the cost of such construction is apportioned respectively between the county and municipality, bonds may be voted for the same in like manner and form as otherwise provided by law for the construction of a bridge in its entirety by the county and municipality, respectively. Laws 1968 C. 415, Sec. 612.

Laws 1968, c. 415, § 612, operative July 1, 1968.  

§69613.  Working convicts on county highways  Duties of officers.

The board of county commissioners of any county shall have authority to work any convicts confined in the county jail, either as punishment for crime or in lieu of payment of fine and costs, upon public highways in the county, and to employ such guards and other assistants as may be required.  It shall be the duty of the sheriff, upon the order of the board of county commissioners, to deliver, to any person authorized to receive them for work, upon public highways, any persons sentenced and confined in the county jail either as punishment for crime or in lieu of payment of fine and costs.  Laws 1968 C. 415, Sec. 613.

Laws 1968, c. 415, § 613, operative July 1, 1968.  

§69614.  Convicts on rock pile or other public work.

When, in the judgment of the board of county commissioners, the expense of working the convicts upon the public highways is too great, on account of the small number thereof, or for any other reason, then it shall have authority to provide all necessary apparatus for working of such convicts upon a rock pile, or rock crusher, for the purpose of providing material for use upon the public highways of the county.  Such authority shall be exercised in the same manner as is provided in the preceding section for the working of convicts upon the public highways, and the board of county commissioners shall have full authority as to how and where such materials shall be used; provided, it shall use same for no other purpose than the betterment of the public highways in the county; provided, further, that in any county where the working of convicts upon a rock pile, or rock crusher, is found impractical for any reason, then the board of county commissioners may provide for the working of the convicts upon any public work in which the county has an interest.  Laws 1968, c. 415, Sec. 614.

Laws 1968, c. 415, § 614, operative July 1, 1968.  

§69615.  Convicts to perform road work  Credit for work  Authority of road supervisors.

Any person in this state convicted of a crime who, as a result of such conviction, is confined as a prisoner in a county jail of any county may, at the discretion of the board of county commissioners of such county in which the jail is located, be required by the board of county commissioners to perform road work on the public highways of the county and upon the streets of any municipality located in the county.  When such prisoner shall perform the road work in a satisfactory manner, under the supervision of any road supervisor of the county or municipality having jurisdiction over the person, the prisoner shall be entitled to two (2) day's credit on his time in the jail for each day consisting of eight (8) hours of road work performed by the person and he shall be recorded as having served two (2) days in the jail on his judgment and sentence. Any road supervisor having under his supervision any prisoner or prisoners for the purpose of performing road work, as herein provided, shall be deputized as a deputy sheriff or special police officer with full authority of law as deputy sheriff or police officer for the purpose of properly carrying out the provisions of this section and shall be responsible under the law in the same manner as other officers are responsible for safekeeping of prisoners and shall be subject to the same penalties. Laws 1968 C. 415, Sec. 615.

Laws 1968, c. 415, § 615, operative July 1, 1968.  

§69616.  Supplies for convicts doing road work.

The board of county commissioners shall purchase supplies for feeding and maintaining county convicts while at work, from the lowest and best bidder, after reasonable public notice shall have been given. No contract for furnishing supplies at a higher price than the ordinary selling price of the articles furnished shall be valid. Laws 1968 C. 415, Sec. 616.

Laws 1968, c. 415, § 616, operative July 1, 1968.  

§69617.  Food for convicts  Medical attention.

The board of county commissioners shall furnish wholesome food in sufficient quantity and variety to all convicts working upon the public roads to maintain them in good health and vigor, and shall furnish medical attention when required in accordance with the standards promulgated pursuant to Section 192 of Title 74 of the Oklahoma Statutes.

Added by Laws 1968, c. 415, § 617, operative July 1, 1968.  Amended by Laws 1978, c. 244, § 28, eff. July 1, 1978.

§69618.  Other service may be required of convicts.

Any of the convicts whether male or female, mentioned in the preceding sections may be required to perform service in or around the county jail or other place of confinement, or at any camp or commissary where convicts are kept or fed.  Laws 1968 C.  415, Sec. 618.

Laws 1968, c. 415, § 618, operative July 1, 1968.  

§69619.  City and town prisoners employed by counties  Credit for work.

The boards of county commissioners of the several counties of the state shall have authority to receive by agreement with the governing board of any municipality, the prisoners of the municipality, who have been sentenced to imprisonment in the municipality's jail, either as punishment or in lieu of payment of fine and costs for the violation of any municipal ordinance, and such board of county commissioners shall have authority to work any such prisoners on the public highways or upon a rock pile, or rock crusher, for the purpose of providing material for use upon public highways or any public institution of such county, or upon any public work in which the county is interested.  Any such person so imprisoned for nonpayment of fine and costs shall receive credit upon his or her fine and costs of One Dollar ($1.00) for each day so confined in prison or worked upon the public highways, rock pile, rock crusher, or other public work; provided, the board of county commissioners shall not pay for the services of such prisoners, except the cost of their transportation and maintenance.  Laws 1968, c. 415, Sec. 619.

Laws 1968, c. 415, § 619, operative July 1, 1968.  

§69620.  Unexpended funds  Transfer to other road projects.

Whenever there remains in the State Treasury to the credit of the Commission, in the account of any county in this state, an unexpended balance of any special fund, being an amount in excess of the contract price of any federal aid road or bridge project and the purpose for which it was created has been fully observed, and there remains no further use for such balance, the Commission shall make a certificate to the board of county commissioners of the county showing the amount of the balance, and it shall then be lawful for the board of county commissioners, by resolution, to transfer such balance to any other federal aid road or bridge project of the county.  Laws 1968, c. 415, Sec. 620.

Laws 1968, c. 415, § 620, operative July 1, 1968.  

§69621.  Maintenance and construction between counties  Division of roads.

All county highways on county lines in this state shall be maintained and constructed by the counties adjoining.  It shall be the duty of the board of county commissioners of each of the counties between which such roads are located to divide the roads on such county line into two parts or sections as nearly as practicable, giving due consideration to the difference of cost of constructing and maintaining each section, agreeing between themselves that each county shall undertake the work of constructing and maintaining one of the two sections. Laws 1968 C. 415, Sec. 621.

Laws 1968, c. 415, § 621, operative July 1, 1968.  

§69622.  Duties of counties to maintain roads  Expenditures  Division of roads.

(a) It shall be the duty of each board of county commissioners to maintain the section of each county line road assigned to it by the aforesaid agreement.  The expenditures on such roads shall be governed by the laws relating to expenditures by boards of county commissioners as expenditures on roads within the boundaries of such counties.

(b) Provided, that when the board of county commissioners of any county is notified by the Board of an adjoining county that an agreement relating to division of county line roads as provided in the preceding section is desired, the boards shall within thirty (30) days of such notice proceed with the division in the manner agreed upon between the respective boards.  Laws 1968, c. 415, Sec. 622.

Laws 1968, c. 415, § 622, operative July 1, 1968.  

§69623.  Division when counties fail to agree.

Should the boards of county commissioners fail to agree upon an equitable division of such roads or upon the expense of maintenance and construction of such roads after the division has been made, the Director shall be authorized to settle such disputes, when called upon to do so by the board of county commissioners of either county, and his decision in such cases shall be final and binding upon both counties. Laws 1968 C. 415, Sec. 623.

Laws 1968, c. 415, § 623, operative July 1, 1968.  

§69624.  County engineer  Appointment  Compensation  Discharge of engineers.

(a) The board of county commissioners of each county shall employ one or more full or parttime county engineers, who shall perform the duties as provided by law.  The county engineer shall receive as compensation a salary to be fixed by the board of county commissioners for his services on road and bridge and other work appertaining thereto, and all necessary and actual expenses incident thereto.

(b) Any person employed as county engineer may be relieved of his duties by the board of county commissioners.

(c) The county engineer shall be registered as a professional engineer or certified as an engineerintraining by the State Board of Registration for Professional Engineers and Land Surveyors pursuant to Sections 475.1 et seq. of Title 59 of the Oklahoma Statutes, and shall have a practical knowledge of civil engineering, be skilled in bridge, culvert and road building and in laying of drains and general road work and be active and diligent in the discharge of his duties.

(d) The boards of county commissioners of no more than ten counties may enter into an agreement to jointly employ a county engineer.  Such agreement shall be written and entered in the minutes of each participating board of county commissioners.  The engineer employed under such agreement shall be the designated county engineer for each of the respective counties.

(e) In the event a board of county commissioners determines that it cannot afford to employ a fulltime county engineer, or if it cannot enter into an agreement with other counties to jointly employ a parttime county engineer, then said board shall enter into an agreement with the Department of Transportation for the provision of necessary county engineering services.  Any engineering services provided by the Department of Transportation shall be furnished withoutcost or expense to the county. However, nothing in this section shall be construed to relieve a board of county commissioners of the responsibilities or costs associated with the efficient and necessary construction and maintenance of roads, bridges, culverts and drainage projects within its jurisdiction, or as otherwise provided by law.  Road funds shall be withheld from any county failing to employ or utilize county engineering services as provided herein.

Amended by Laws 1982, c. 311, § 1.  

§69625.  Bond of county engineer.

Before entering upon the performance of his duties the county engineer shall execute and deliver to the board of county commissioners a bond in such sum as may be fixed by the board of county commissioners with sufficient surety to be approved by the board, conditioned upon the faithful performance of his duties as such engineer, and that he will account for and deliver to his successor in office, at the expiration of his term, all books, papers and other property belonging to the county.  Laws 1968, c. 415, Sec. 625.

Laws 1968, c. 415, § 625, operative July 1, 1968.  

§69626.  Duties of county engineer.

(a) The county engineer shall, when requested by the board of county commissioners, give instruction or advice with reference to the construction, building or repairing of any roads or bridges.

(b) When requested by the board of county commissioners, the county engineer shall personally inspect the condition of any of the roads, culverts and bridges within his county, and shall upon the board's request make such surveys and perform such other duties in connection with his office as may be required as herein provided, and he shall, if required, make his report of such examination in writing, together with such recommendations as he may offer relative to the construction, repairing or building of any such road or bridge. Laws 1968 C. 415, Sec. 626.

Laws 1968, c. 415, § 626, operative July 1, 1968.  

§69627.  Cost records of road work, engineer to keep.

The county engineer shall keep, prepare and submit cost records upon all road work in his charge in order that the best and most economical method of doing the work may be thus ascertained and put into practice. Laws 1968 C. 415, Sec. 627.

Laws 1968, c. 415, § 627, operative July 1, 1968.  

§69628.  Power of county commissioners to open roads.

The board of county commissioners shall have power and authority upon its own motion to open and establish public roads on section lines anywhere in the county and obtain rightofway therefor, either by amicable settlement or condemnation proceedings as provided by law. Laws 1968 C. 415, Sec. 628.

Laws 1968, c. 415, § 628, operative July 1, 1968.  

§69629.  Width of roads.

The board of county commissioners shall at the time of establishing public roads make an order fixing the width thereof and definitely describing such roads. Laws 1968 C. 415, Sec. 629.

Laws 1968, c. 415, § 629, operative July 1, 1968.  

§69630.  Interest of officers in contracts prohibited.

No member of the Department, or any person in the employ of the Department, no county commissioner, county engineer, road superintendent, or any person in their employ, or one holding an appointment under them, shall be either directly or indirectly interested in any contract for the construction or building of any bridge or culvert, or of any improvement of any road or parts of road coming under the provisions of this Code.  Laws 1968, c. 415, Sec. 630.

Laws 1968, c. 415, § 630, operative July 1, 1968.  

§69-631.  Use of bridges by public utilities or service corporations - Supervision by county board.

Boards of county commissioners in their respective counties shall have the supervision over bridges and the approaches thereto constructed upon county highways within their respective counties which have been erected by the voting of bonds by the county and may permit any public utility or public service corporation to cross any such bridges and the approaches thereto or jointly use any such bridge and the approaches thereto with the public for an adequate consideration, and upon such terms and conditions as may be satisfactory to it in agreement with any such public utility or public service corporation, and no public utility or public service corporation shall have the right to use or cross any bridge or the approaches thereto, located over any stream in Oklahoma, when such bridge or approaches thereto has been erected by the voting of bonds by the county for that purpose, unless the board of county commissioners shall, by resolution, determine that in its judgment the bridge and approaches thereto may be safely so used and without any substantial detriment to the public interest.

Laws 1968, c. 415, § 631, operative July 1, 1968.

§69632.  Public utilities and public service corporations to pay tolls.

(a) The board of county commissioners may require any public utility or public service corporation, using any such bridge or approaches thereto, to pay such toll or rental for the use of such bridge and the approaches thereto as it may agree upon with the public utility or public service corporation and may make such agreement and stipulation as to the use of the bridge and the approaches thereto with such utility or public service corporation as in its judgment shall conserve the public interest.

(b) Provided, that no public utility or public service corporation shall use any such bridge or approaches thereto unless and until it shall have so agreed with the board of county commissioners as to the tolls, rentals and use of the bridge and the approaches thereto, and then during such time only as it shall make payment therefor and comply with its contract.  Laws 1968 C.  415, Sec. 632.

Laws 1968, c. 415, § 632, operative July 1, 1968.  

§69-633.  Plans and specifications - Letting contract - Building by county board - Advisory services - Warrants for payroll.

A.  When any culvert or bridge is to be constructed at an estimated cost of Seventy-five Thousand Dollars ($75,000.00) or more, or any culvert or bridge reconstruction is to be accomplished at an estimated cost of Seventy-five Thousand Dollars ($75,000.00) or more, or grade-and-drainage project is to be developed, or reconstruction, replacement or major repairs are to be accomplished by the board of county commissioners acting alone or in cooperation with the state or federal government, at an estimated cost of One Hundred Fifty Thousand Dollars ($150,000.00) or more, in either event, engineering plans and specifications shall be prepared by the county engineer to insure sound engineering practices.  The project shall be advertised for bids pursuant to Section 1101 of this title, and the contract shall be let only after notice at a public letting.  If the construction work can be completed for a cost below or equal to the estimate of the engineer or below any bid submitted at a public letting and so entered in its journal, nothing in this title shall prevent the board from causing the same to be built by day labor, force account, and purchase by the county of materials as provided by law.

B.  If the board of county commissioners deems it necessary, it may consult and seek the advice of the Department of Transportation regarding the design, construction and maintenance of the project, and the Department of Transportation may furnish advice for any of the projects to insure sound engineering practices.  If provided, the services shall be furnished without cost or expense to the county.

C.  The board may authorize the county clerk to draw warrants for the amount of payrolls for labor furnished under the day labor system, when the payrolls are certified to as correct by the engineer or person in charge of the work, and the payroll shall be passed upon by the board following certification.

Added by Laws 1968, c. 415, § 633, operative July 1, 1968.  Amended by Laws 1971, c. 103, § 1, emerg. eff. April 26, 1971; Laws 1975, c. 338, § 1, operative July 1, 1975; Laws 1979, c. 92, § 2, emerg. eff. April 24, 1979; Laws 1981, c. 1, 1st Ex. Sess., § 5, emerg. eff. Sept. 8, 1981; Laws 1982, c. 286, § 1; Laws 1984, c. 71, § 3; Laws 2004, c. 419, § 1, eff. Nov. 1, 2004; Laws 2005, c. 174, § 1, emerg. eff. May 16, 2005.

§69634.  Bond of contractor.

The board of county commissioners shall require each contractor to furnish a bond pursuant to the provisions of Section 1 of Title 61 of the Oklahoma Statutes but made payable to the county.  If the contractor fails to comply with the terms of the contract, the bond shall be forfeited to the county treasurer for credit to the county highway fund.  Unless otherwise provided for by contract, the surety on any bond shall be held, to consent without notice to:

1.  an extension of time given to the contractor to perform the contract if each extension does not exceed sixty (60) days; and

2.  any change in the plans, specifications, or contract if such change does not involve an increase of more than twenty percent (20%) of the total contract price.  If such increase is more than twenty percent (20%) of the total contractprice, the surety shall be released only as to such increase in price that is in excess of a twenty percent (20%) increase.

Amended by Laws 1983, c. 125, § 2, eff. Nov. 1, 1983.  

§69-635.  Violation by officials - Punishment - Suspension and forfeiture of office.

(a) Any road, county, or other official charged with duties herein who shall violate any of the terms or provisions of this Article the punishment for which is not prescribed elsewhere in this Code, shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than One Hundred Dollars ($100.00) for each offense, or imprisoned in the county jail not less than thirty (30) days, or suffer both such fine and imprisonment.

(b) Upon presentation in court of complaint in legal form, alleging violation of any provision of this Article, any road official charged with the duties herein shall be, at the option of the court, immediately suspended from office pending final judgment, and upon being found guilty shall forfeit his office in addition to any punishment imposed.

Laws 1968, c. 415, § 635, operative July 1, 1968.

§69636.1.  County Road Machinery and Equipment Revolving Fund.

There is hereby created in the State Treasury a revolving fund to be known and designated the "County Road Machinery and Equipment Revolving Fund", which shall consist of all appropriations and deposits made for the purposes hereinafter designated and shall also include all proceeds resulting from the lease, leasepurchase, sale or resale of equipment purchased out of monies in the revolving fund.  The revolving fund shall be a continuing fund and shall be nonfiscal in character.

Added by Laws 1982, c. 286, § 2.  

§69636.2.  Revolving fund to be used to purchase road and bridge construction and maintenance machinery and equipment.

The Department of Transportation is hereby authorized to use the County Road Machinery and Equipment Revolving Fund to purchase new or used road and bridge construction and maintenance machinery and equipment for lease or leasepurchase to counties.  Such machinery and equipment shall include, but not be limited to, the following:  asphalt pavers, automobiles, backhoes, bridge painting machines, cranes, elevating graders, fork lifts, frontend loaders, motorized weed sprayers, mowers, paving breaker tampers, pickups, power shovels, snow plows, street sweepers, trucks and wheel and crawler tractors.  The Department of Transportation may make such purchases only if requested to do so by a board of county commissioners or circuit engineering districts pursuant to the provisions of Section 302.1 of this title, and may not act in behalf of any county in the purchase of any road machinery or equipment except as provided for in this act.

Added by Laws 1982, c. 286, § 3.  Amended by Laws 2001, c. 117, § 2, eff. Nov. 1, 2001.

§69636.3.  Counties to contract to lease or lease-purchase road machinery and equipment - Eligibility - Notice of intent - Lack of funds - Full warranty leases - Rules and regulations.

A.  Counties shall enter into lease or leasepurchase contracts for road machinery and equipment pursuant to the provisions of Sections 636.1 through 636.7 of this title or pursuant to the provisions of Sections 1500 through 1505 of Title 19 of the Oklahoma Statutes and may not otherwise lease road machinery or equipment except in the case of an emergency, when specialized road machinery or equipment for projects of short durations is required for periods not to exceed thirty (30) days.

B.  A county shall be eligible to enter into a lease or leasepurchase contract with the Department of Transportation for road machinery and equipment on a priority basis determined by the county funding classification designation during any fiscal year for the purchase of road machinery and equipment.  The county funding classification designation shall be developed by the Department of Transportation and the Association of County Commissioners of Oklahoma and approved by the Oklahoma Department of Transportation County Advisory Board.  Upon approval by the Department of Transportation County Advisory Board, the funding classification designation shall be submitted to the Transportation Commission for final approval.  The counties receiving the least appropriations per mile of road may receive the highest priority rating.  A county may also enter into a full warranty lease contract for road machinery and equipment pursuant to the provisions of subsection F of this section.  Nothing in Sections 636.1 through 636.7 of this title shall prohibit a county from purchasing road machinery and equipment if it has adequate funds appropriated during any fiscal year for such purpose.

C.  Whenever a county desires to lease or leasepurchase road machinery and equipment with funds from the County Road Machinery and Equipment Revolving Fund, it shall notify the Department of Transportation of its requirements and specifications and shall provide a list of vendors from which bids will be requested for the lease or leasepurchase agreements.

D.  Upon receiving such notification from a county, the Department shall be authorized to purchase requested road machinery or equipment for lease or leasepurchase to that county or may lease or leasepurchase surplus or used road machinery and equipment to a county provided such road machinery or equipment meets the requirements and specifications of the requesting county.

E.  If there are no funds available in the County Road Machinery and Equipment Revolving Fund, the Department of Transportation, upon notification that a county desires to lease or leasepurchase road machinery or equipment, shall certify to the county that there are no funds available in the County Road Machinery and Equipment Revolving Fund for such purposes.  The county may then request the Purchasing Director of the Department of Central Services to solicit bids or request bids pursuant to the provisions of Section 1500 et seq. of Title 19 of the Oklahoma Statutes to lease or leasepurchase the requested road machinery or equipment.

F.  When funds are available in the County Road Machinery and Equipment Revolving Fund the Department of Transportation shall, after receiving notification from a county desiring to lease or lease-purchase equipment, authorize the county to request bids pursuant to the provisions of this act and allocate funds equal to the estimated cost of the equipment or machinery requested.  However, if the lowest and best bid received by the county exceeds the estimated purchase price of the equipment or machinery, the county shall pay any difference above the estimated purchase price if accepted.  The county shall use the bid procedure provided for in Section 1500 et seq. of Title 19 of the Oklahoma Statutes.  The county shall forward the lowest and best bid received to the Department of Transportation which shall authorize the lease or lease-purchase of the equipment or machinery.

G.  A county may enter into a full warranty lease contract for road machinery and equipment if the county has adequate funds appropriated during any fiscal year for such purpose.  Whenever a county desires to enter into a full warranty lease contract for road machinery or equipment, the county must notify the State Auditor and Inspector of its intent and must provide the State Auditor and Inspector with its requirements and specifications along with the proper documentation to be advertised for bids.  Upon receiving the notification and documentation from a county, the State Auditor and Inspector shall review the documentation and, upon approval, shall forward the documentation and specifications to the State Purchasing Division of the Department of Central Services.  The Purchasing Director of the Department of Central Services shall solicit bids to lease the requested road machinery or equipment according to the documentation and specifications of the county as approved by the State Auditor and Inspector.  The term of any full warranty lease contract authorized pursuant to this subsection may be for any period up to one (1) year, provided the term shall not extend beyond the end of any fiscal year, with an option to renew such lease subject to the requirement that adequate funds are appropriated during the fiscal year by the county for such purpose.  The State Auditor and Inspector shall prescribe the lease forms and other documentation necessary for implementing the provisions of this subsection.

H.  Except as provided in subsection G of this section, the Department of Transportation shall promulgate such rules and regulations and is authorized to require from the counties such information, forms and reports as are necessary for properly and efficiently administering Sections 636.1 through 636.7 of this title.

Added by Laws 1982, c. 286, § 4.  Amended by Laws 1983, c. 205, § 4, emerg. eff. June 16, 1983; Laws 1991, c. 203, § 1, emerg. eff. May 17, 1991; Laws 1992, c. 6, § 2, emerg. eff. March 18, 1992; Laws 1993, c. 75, § 1, eff. Sept. 1, 1993; Laws 1996, c. 179, § 2, eff. Nov. 1, 1996.

§69636.4.  Department authorized to lease or leasepurchase road equipment and machinery  Eligibility of counties  Sales  Rental rate  Interest  Disposition of proceeds.

A.  The Department of Transportation may enter into a written lease or leasepurchase agreement providing new, surplus or used road machinery and equipment for the use by a county during the then current fiscal year.  Any county leasing road machinery or equipment from the Department shall be eligible to enter into a like contract for the ensuing fiscal year, and shall also be eligible to purchase the same such units, as provided for herein.

B.  The Department of Transportation may sell any particular unit of road machinery or equipment to a county at any time after such unit has been leased for one (1) fiscal year for an amount not less than the original total cost of purchase, less rentals actually paid for the use of the unit, or any expenses incurred in reconditioning the unit; provided however, in so selling such unit, preference shall be given to the county leasing the unit during the then preceding fiscal year.

C.  Whenever the Department of Transportation has agreed to sell a unit of road machinery or equipment to a county, the title to said machinery or equipment shall be transferred to the county upon receipt of the final payment by the Department.

D.  Road machinery and equipment leased or leasepurchased by a county shall be leased or leasepurchased at the annual rental rate, which shall be fixed at an amount not less than that required to amortize the original purchase cost of the unit by ten (10) years' rental thereof.

E.  The Department of Transportation may charge a county interest on any lease or leasepurchase agreement for road machinery or equipment provided the Oklahoma Department of Transportation County Advisory Board determines and approves the rate to be charged.

F.  All proceeds derived from the lease or leasepurchase of road machinery and equipment by the Department of Transportation shall be deposited with the State Treasurer to be credited to the County Road Machinery and Equipment Revolving Fund.

Added by Laws 1982, c. 286, § 5.  Amended by Laws 1996, c. 179, § 3, eff. Nov. 1, 1996.

§69636.5.  Use and care of equipment and machinery  Liability of leasing county  Return.

A.  Any county leasing road machinery and equipment from the Department of Transportation shall use and care for said machinery and equipment in a careful and prudent manner and shall pay all operating and maintenance expenses including any and all repairs during the time said machinery or equipment is in its possession.

B.  The leasing county assumes all risk and liability for and shall hold the Department of Transportation and its agents harmless from all damages to property and injuries and death to persons arising out of the use, possession or transportation of said road machinery or equipment.

C.  When road machinery or equipment is returned to the Department of Transportation prior to the payment in full of the contract purchase price the county must notify the Department of Transportation and request an inspection and appraisal of any such unit of equipment or machinery.  At the appointed time of inspection of equipment or machinery being returned, a county commissioner, a Department representative and an independent appraiser will determine the fair market value of said equipment and machinery.

Should the appraised value not meet or exceed the balance remaining on the contract for lease-purchase, the county shall be assessed the difference and shall not be permitted to participate in the County Road Machinery and Equipment Revolving Fund until such difference is paid in full.  The extent of the financial obligation by the county will be based on the appraisal of equipment and road machinery at the time of inspection.

The county may elect to remedy any deficiencies noted at the inspection meeting and request a subsequent inspection and appraisal after the deficiencies are corrected.

D.  All risk physical damage insurance shall be carried on all equipment and road machinery purchased through the County Road Machinery and Equipment Revolving Fund.  The Department is authorized to arrange such coverage and include the cost of premium in the lease-purchase contract.  The county is authorized to request such coverage through the Department or provide said coverage through a county insurance plan.

Added by Laws 1982, c. 286, § 6.  Amended by Laws 1993, c. 75, § 2, eff. Sept. 1, 1993.

§69636.6.  Disposal of surplus road machinery and equipment.

A.  Any surplus road machinery and equipment in excess of the needs of the Department of Transportation which was purchased pursuant to the provisions of this act shall be offered for sale to all counties before it is disposed of.  Whether sold to a county or sold as otherwise provided by law, the proceeds derived from selling surplus road machinery and equipment shall be deposited with the State Treasurer to be credited to the County Road Machinery and Equipment Revolving Fund.

B.  Whenever any county owns road machinery and equipment which it deems as surplus it may request the Department of Transportation to dispose of said equipment.  If so requested, the Department in turn shall issue notice to all counties of countyowned surplus road machinery or equipment available at fair market value.  If no other county offers to purchase said machinery or equipment the Department may, at the request of the county owning the road machinery or equipment, sell said machinery or equipment as otherwise provided by law and return the proceeds to the county to whom the machinery or equipment belonged.

C.  If a county disposes of its surplus road machinery and equipment, it shall do so pursuant to Sections 421 et seq. of Title 19 of the Oklahoma Statutes.

Added by Laws 1982, c. 286, § 7. Amended by Laws 1984, c. 71, § 4.  

§69-636.7.  Storage of road machinery and equipment - Costs and expenses.

A.  The Department of Transportation is hereby authorized to acquire space for storing road machinery and equipment while not in possession of a county and to pay the necessary costs thereof from the County Road Machinery and Equipment Revolving Fund.

B.  Any costs or expenses necessarily incurred by the Department of Transportation in the administration of the foregoing provisions relating to the County Road Machinery and Equipment Revolving Fund may be paid from the fund.

C.  Any costs or expenses necessarily incurred by the Department of Transportation in the administration of a county inventory system for materials, supplies and equipment used for the construction and maintenance of roads and bridges as provided in Section 658 of this title may be paid from the County Road Machinery and Equipment Revolving Fund.

Added by Laws 1982, c. 286, § 8.  Amended by Laws 1993, c. 75, § 3, eff. Sept. 1, 1993; Laws 1998, c. 28, § 1, eff. Nov. 1, 1998.

§69638.  Hard surfacing farmtomarket roads  Conditions.

When any county road within the state, which shall have been designated as a part of the federal aid secondary highway system, is brought to standard grade and drain by the county in accordance with plans and specifications approved by the Commission, and where sufficient rightofway is provided by the county wherein the road is located, and where state and federal funds are available, such road shall be hard surfaced by the Department.  Laws 1968 C. 415, Sec. 638.

Laws 1968, c. 415, § 638, operative July 1, 1968.  

§69639.  Maintenance by county.

Whenever any road shall have been hard surfaced as provided for in the preceding section, it shall then become the duty of the county in which the road is located to maintain such road in a manner satisfactory to the Commission and the Bureau of Public Roads.

Laws 1968, c. 415, § 639, operative July 1, 1968.  

§69640.  Use of road machinery by farmers.

If there be located in any county less than six private operators actively engaged and registered with the governmental bureau or department having supervision of soil conservation, and available for contracting for rendering soil conservation services, the board of county commissioners may permit farmers in such counties to use the county road machinery and equipment in constructing and maintaining terraces and ditches in the county.

Laws 1968, c. 415, § 640, operative July 1, 1968.  

§69-641.  Contract by farmers as to expenses and for return of machinery.

(a) The board of county commissioners may not permit the use of such machinery and equipment, as provided in the preceding section, until the farmer desiring the use thereof shall make and enter into a contract with such county, providing that the farmer shall pay all expenses incurred in moving the machinery and equipment and the upkeep thereof, and that the same shall be returned to the county in as good condition as it was when received, the usual wear and tear alone excepted.

(b) The farmer shall further, to enforce the compliance with such contract, deposit a bond with the board of county commissioners guaranteeing the compliance with such contract and the payment for oil and gas, etc., such bond to be approved by the board, or, in lieu of such bond, shall make a cash deposit in such sum as may be required by the board; provided, that no farmer shall be liable for major breakage of such equipment.

Laws 1968, c. 415, § 641, operative July 1, 1968.

§69642.  Operation of machinery and equipment used by farmers.

Such machinery and equipment when used as hereinbefore provided shall be operated by and be under the control of the duly appointed agents and employees of the counties.

Laws 1968, c. 415, § 642, operative July 1, 1968.  

§69643.  Survey of farm  Maintenance of terrace by farmer  Advice of county farm agent.

Before the board of county commissioners shall permit the use of any such machinery, the board shall require that such farm be surveyed for terracing purposes by an engineer from Oklahoma State University or by the county agent of the county, either under his supervision or by some other person competent to properly survey and lay off a terrace, who shall be approved by the board of county commissioners. Such permit for the use of the machinery shall provide that the landowner shall maintain such terrace in good condition while he owns said land.  The board of county commissioners and contracting farmer or farmers shall at all times seek the advice of and cooperate with, as far as possible, the county farm agent or agents in the county.

Laws 1968, c. 415, § 643, operative July 1, 1968.  

§69643.1.  Circumstances under which county commissioners authorized to enter and perform work on private property.

The board of county commissioners is authorized to enter onto private property adjoining county roads and to perform work by county employees or by contractors working for the county, on such private property, when:

1.  The available rightofway does not provide enough space for needed conservation works of improvement to diminish erosion and siltation of the rightofway;

2.  The owner, or owners, of the adjoining property sign a cooperative agreement permitting such works, which agreement shall state the amount of land to be treated, and the works of improvement to be constructed.  Any work performed will be restricted solely to that specified in the cooperative agreement;

3.  The local Conservation District has approved the proposed works of improvement; and

4.  A copy of the cooperative agreement and a statement of approval from the local Conservation District has been filed with the records of the county commissioners in the office of the county clerk and the cooperative agreement and statement from the local Conservation District have become a part of the minutes of the county commissioners' proceedings.

Added by Laws 1985, c. 274, § 2, emerg. eff. July 18, 1985.  

§69644.  Loan of machinery and equipment to municipalities.

The board of county commissioners may, upon such terms and conditions as it deems advisable, loan the county road machinery, tractors and equipment to municipalities located within the county for the purpose of permitting the use thereof in the building, grading and maintaining of streets, alleys and roads within such municipalities.

Laws 1968, c. 415, § 644, operative July 1, 1968.  

§69645.  Marking of equipment.

The board of county commissioners shall cause each piece of countyowned, rented or leased road machinery and equipment, and each automobile and truck, to be marked in accordance with the provisions of this section.  Countyowned automobiles, trucks, road machinery and equipment shall be conspicuously and legibly marked PROPERTY OF (name of county) COUNTY, and leased automobiles, trucks, road machinery and equipment shall be conspicuously and legibly marked LEASED BY (name of county) COUNTY, on each side, in upper case letters, on a background of sharply contrasting color.

Laws 1968, c. 415, § 645, operative July 1, 1968.  

§69-646.  Condemnation procedure - Indian or federal lands.

A.  The board of county commissioners may open, establish, reserve or condemn roads on section lines and may vacate, alter, widen, change or lay out other new roads according to the following procedure:

1.  A proposal for action to vacate, alter, widen, change or locate a road shall be upon a petition to the board of county commissioners signed by at least twelve freeholders residing in the vicinity of the road affected or by resolution of the board of county commissioners;

2.  The petition shall state the proposed action and clearly show on a map of the area the location and terminals of the road.  If the petition is in proper form, the board of county commissioners shall promptly investigate the proposal to determine if the petition has merit;

3.  The board of county commissioners may conclude, upon investigation, that action concerning the road is unnecessary and impractical and deny the petition.  Should the board determine that the petition has merit, the board shall set the date of the hearing and provide notice as prescribed by this section;

4.  At such time it is determined that the petition has merit, the board of county commissioners shall set a hearing date.  The county clerk shall then notify those landowners whose property is immediately affected by the road, in such a way that the road may cross their property, abut to their property, or in some manner provide ingress or egress to their property.  The notice shall be given by regular mail at least twenty-one days (21) prior to the hearing date;

5.  Legal notice to the public shall be given by advertisement in a newspaper of general circulation in the county setting forth the facts and the date when the hearing will be held and the petition acted upon.  The notice shall be published once per week for three (3) consecutive weeks at least twenty-one (21) days prior to the hearing date.  A record of all such proceedings shall be made by the county clerk;

B.  In a petition proposing that a road be altered, widened, changed or located where the owners of the land to be taken agree in writing to the proposed location or changes by providing an easement to the county for such purpose, or donate the land required, the board of county commissioners shall then cause to be prepared a cost estimate for the proposed project.  The cost estimate shall include the cost to survey the road or the proposed changes.  If the estimated cost is reasonable and the road or the proposed changes serve the general public by providing a better route or by eliminating a hazard making the route safer, the board of county commissioners may order and establish the road as a county highway, or order the proposed changes to be made and make the appropriate record thereof.  However, no work shall be performed until a survey is completed and easements secured.  If the board determines that the expense cannot be justified in whole or in part, the board may order that the petitioners must bear the responsibility to adequately fund the proposed action in whole or in part.  If easements are not granted freely, the easements shall be obtained in the manner provided by law and shall be considered in the cost estimate of the proposed action.

C.  In a petition proposing that a road be vacated, the board of county commissioners shall, upon receiving the petition, attest that according to their records the road in question is within their jurisdiction and is considered to be open for use by the general public, through grant or ownership, by easement or dedication, by adverse possession, or by open and notorious use, regardless of the frequency of maintenance or lack thereof.  In considering the proposal to vacate the road, the board shall hear testimony provided by the petitioners and others who may testify at the hearing as to whether the road should be vacated.  Upon a decision by the board to vacate the road, the board shall issue an order to void any easement pertaining to the road, if such easement exists, and require that the road be closed in such a manner as to prevent the use of the road by the general public.  The decision of the board to vacate or not to vacate the road shall be final.  Except as provided in Section 649 of this title, no road in use by the general public shall be closed, obstructed or vacated in any manner except as provided by this section.  Every person who shall close, obstruct or attempt to vacate a road in a manner other than the manner set forth in this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00).  In addition, such person shall be liable for the cost incurred by the county to remove, repair or otherwise return the road to open travel by the public.  Nothing in this section shall prohibit the temporary closing of any road by law enforcement or emergency personnel in the performance of their official duty, public utilities with regard to routine maintenance and construction, or other such entities as authorized by the board of county commissioners.

D.  Wherever in those counties the amount of Indian lands or those exempt from taxation by reason of the operation of any federal law is thirty percent (30%) or more of the total area of the county, then the board of county commissioners may, upon its own initiative, and if the public interests demand it, move to secure roads over, adjacent to, or for the benefit of all such exempted lands as set forth in this subsection.  The board shall call upon the Director of the Oklahoma Department of Transportation as a disinterested party to undertake and make such surveys, plans and estimates and obtain all other essential data and records as are required to make a full and complete statement and report upon the interest involved, and to make such recommendations as in the premises may seem proper.  When so prepared, the Department of Transportation shall then advance the matter to the Department of the Interior of the United States, or to any other federal department concerned, through its proper local representative, if there be one, with the request that the matter be considered and disposed of as speedily as possible.  If the project be so approved and authorized, then the work may proceed under the special supervision and direct administration of the Department of Transportation and subject to such special regulations as the circumstances seem to require.

Added by Laws 1968, c. 415, § 646, operative July 1, 1968.  Amended by Laws 2000, c. 230, § 1, eff. Nov. 1, 2000; Laws 2004, c. 412, § 17, emerg. eff. June 3, 2004.

§69647.  Opening section lines and building and establishing roads.

The boards of county commissioners of the respective counties of this state, within the boundaries of which counties a state park is located, are hereby authorized to open section lines leading into such state parks, to build and establish roads thereon, to extend said roads into the state parks and connect same with recreational facilities therein, the location and extent of such roads to be in the discretion of the board of county commissioners; provided, that the location thereof be first approved by the Division of Parks, Recreation and Waterways of the Oklahoma Industrial Development and Park Commission, or the agency having control of state parks.

Laws 1968, c. 415, § 647, operative July 1, 1968.  

§69648.  Appropriation of highway by county or city for public purpose  Dedication of adjacent land.

In any case in the state where a public highway has been appropriated and occupied by a county or municipality for a public purpose and such county or municipality owns adjacent land, the board of county commissioners of such county or the governing body of such municipality may convey and dedicate to the public for street or highway purposes such adjacent lands or a sufficient part thereof for such purpose in lieu of the highway by them so appropriated and occupied.

Laws 1968, c. 415, § 648, operative July 1, 1968.  

§69649.  Grant of right to close, inundate, destroy, alter or appropriate county highway for public purposes.

The board of county commissioners of each county, by and with the written approval of the Commission, may grant to the United States of America or any irrigation district, conservancy district or water user's association, organized under the laws of the state, the right to close, inundate, destroy, alter or appropriate any county highway in such county in connection with the construction, development, operation or maintenance of any irrigation, reclamation, water conservation and utilization, flood control, military or national defense project, for needful public buildings, or other public projects being constructed, operated, developed or maintained by the United States of America, or any such district or association, upon such terms and conditions and for such consideration as the board of county commissioners may determine to be just and proper.  The grant of any such right or rights may include the right to construct irrigation ditches and canals across and along any such highway.

Laws 1968, c. 415, § 649, operative July 1, 1968.  

§69650.  Execution of necessary instruments.

The board of county commissioners shall have the power to authorize the execution of, and the chairman of the board in accordance with such authorization shall have the power to execute, any and all contracts, deeds, easements and other instruments of conveyance as may be required in or convenient to the exercise of the powers granted in the preceding section.

Laws 1968, c. 415, § 650, operative July 1, 1968.  

§69651.  Section and quarter section corners.

The provisions of Sections 1229  1233 of this Code, relating to the marking and obliteration of section and quarter section corners within rightsofway of state highways, shall apply with full force and effect and in like manner to the board of county commissioners of each county, whenever section corners or quarter section corners are obliterated, or may be obliterated by the construction or resurfacing of either low type or high type paved roads of any county highway within the county.

Laws 1968, c. 415, § 651, operative July 1, 1968.  

§69652.  Federal aid secondary highway projects  Consulting engineers.

The board of county commissioners of any county shall have authority to employ consulting engineers to make locations and prepare plans and specifications on any federal aid secondary highway project on the county highway system; and the supervision and inspection of any such project may be done by a consulting engineer, or by an engineer of the department assigned for such purpose when request therefor is made to the Department by the board of county commissioners.

Laws 1968, c. 415, § 652, operative July 1, 1968.  

§69653.  Numerical designation of section lines  System.

The State Highway Department shall numerically designate each section line in the State of Oklahoma according to the following system:

The first section line running north and south at the west end of the State shall be designated NS1, each succeeding section line shall have the number changed in numerical order, the prefix NS remaining the same, until a number has been assigned to the last section line paralleling the Arkansas border.  In like manner the first section line running east and west below the northern border of Oklahoma shall be designated EW1 and each succeeding section line shall be changed in numerical sequence, the prefix EW remaining the same until the last section line north of the Red River has been designated.

Laws 1968, c. 237, § 1, emerg. eff. April 24, 1968.  

§69654.  Adoption of county primary road system.

The boards of county commissioners of the various counties in this state shall adopt a system of county highways and public roads which shall constitute the county primary road system of their respective counties.  Said system shall consist of functionally classified county collector routes as determined by the Department of Transportation in cooperation with the various boards of county commissioners and approved by the Federal Highway Administration.

In constructing and maintaining the various routes comprising the county primary road system, county officials shall take into consideration the relative traffic volumes existing on the various segments of such system in the county, population, industrial and marketing centers, and connections with improved segments of the respective county primary road systems in adjoining counties, the state highway system and the city street system.

Laws 1968, c. 237, § 2, operative July 1, 1968; Laws 1970, c. 97, § 1, emerg. eff. March 30, 1970; Laws 1992, c. 80, § 1, eff. July 1, 1992.

§69655.  County route markers.

The board of county commissioners in each county may, within one (1) year after the designation of the county primary road system in that county, locate, erect and thereafter maintain markers designating those routes classified as county primary roads.  Markers shall bear the cardinal number or other identification assigned the particular route on which the marker is erected and shall indicate the name of the county.  The responsibility for devising a practical, systematic county primary route numbering scheme, including the configuration of the identifying device, readily lending itself to functional implementation is vested and imposed jointly on representatives of the  Association of County Commissioners of Oklahoma and the Department of Transportation.  The scheme shall be so devised as to offer intracounty and intercounty road users a convenient means of identifying and using the county primary road system and shall provide for continuous numbering of routes crossing county boundaries.  The Department of Transportation is hereby authorized to negotiate with the counties, on a statewide basis, to manufacture and provide the markers on a materials plus cost basis.

Laws 1968, c. 237, § 3, operative July 1, 1968; Laws 1992, c. 80, § 2, eff. July 1, 1992.

§69656.  Bridge or construction projects on county primary road system.

A.  The county commissioners in each county shall designate a county primary road system as provided for in Section 654 of this title, and upon completion, the board of county commissioners in any county may program bridge or roadway projects located on the county primary road system in accordance with the provisions of this section.

B.  Any bridge or roadway construction project which materially contributes to improving the adequacy of the county primary road system which meets accepted design standards may be considered eligible.

C.  Design standards for projects to be constructed under this section shall be developed cooperatively between the Association of County Commissioners of Oklahoma and the Department of Transportation, provided however, any such standards so developed must meet the minimum criteria required to assure federal participation in the project if such participation is to be used for such project.

D.  The Department of Transportation shall be the administering agency, and, in cooperation with the Association of County Commissioners of Oklahoma, shall develop and promulgate regulations for the carrying out of the provisions of this section.  Provided however, any such administrative procedures so developed shall be subject to the approval of the State Transportation Commission.

E.  The county shall be responsible for plans, surveys and other necessary engineering to prepare the project for contract letting; however, construction engineering shall be performed by the Department of Transportation.

F.  The county shall be responsible for the acquisition of all rightsofway required to construct the project including relocation assistance payments and the costs associated with necessary utility relocations or adjustments.  All rightofway acquisition activities shall be carried out in accordance with applicable state statutes. Assistance in the preparation of deeds and easements, in the actual acquisition of real property, and in the relocation of families and businesses shall be provided by the Department of Transportation upon written request of the county.

G.  Projects shall be let to contract by the State Transportation Commission through competitive bidding procedures, provided however, force account projects may be awarded to the county by the Transportation Commission based upon agreed unit prices, if deemed in the best public interest.

H.  Counties constructing projects under provisions of this section shall enter into an agreement with the Department of Transportation that the county will adequately maintain any bridge or road built under this section.  Funds provided to support the accomplishment of this section shall be withheld from any county not providing adequate maintenance for projects built under its provisions.

I.  While the intent of the Legislature is that any funds utilized under this section be directed primarily toward the replacement of inadequate bridges on the county primary road system, emphasizing those portions of that system serving as school bus routes, it is also recognized that other critical road needs may exist in the various counties; therefore, projects in an amount not to exceed One Hundred Thousand Dollars ($100,000.00) may be approved under this section for these other critical needs in those instances where such approval can be justified by the county.  It is further the intent of the Legislature that this be a continuing program so that significant improvement in the overall adequacy of Oklahoma's county road system may be realized.

Laws 1978, c. 274, § 10, emerg. eff. May 10, 1978; Laws 1979, c. 288, § 11, emerg. eff. June 7, 1979; Laws 1980, c. 349, § 16, emerg. eff. June 25, 1980; Laws 1992, c. 80, § 3, eff. July 1, 1992.

§69-657.  Short title.

This act shall be known and may be cited as the "County Bridge and Road Improvement Act".

Added by Laws 1980, c. 307, § 1, emerg. eff. June 17, 1980.  Amended by Laws 1997, c. 284, § 18, eff. July 1, 1997.

§69-658.  County road branch - County road engineering unit - Duties.

A.  There is hereby created within the Department of Transportation a county road branch.  Such office shall administer the provisions of the County Bridge and Road Improvement Act.  In addition, the county road branch shall assume all the duties currently assigned to the local government coordination branch and any personnel assigned to that branch may continue to serve in the county road branch, along with any additionally authorized personnel.

B.  There is hereby created within each field division of the Department, an office to be known as the county road engineering unit.  The position of county road engineer shall be established in each such unit.  There shall also be assigned to each such unit not more than two associate engineers, who shall assist the county road engineer.  Such employees shall be considered a part of the county road branch of the Department and shall be responsible for the administration of the provisions of the County Bridge and Road Improvement Act.

It shall be the duty of such units to coordinate all local road or bridge programs administered by the Department as provided for in the County Bridge and Road Improvement Act and to assist local governmental units or their designated engineers in the selection, preparation and construction of the projects involved in these programs and to act as liaison between all persons and organizations involved in local road and bridge programs.

Added by Laws 1980, c. 307, § 2, emerg. eff. June 17, 1980.  Amended by Laws 1982, c. 249, § 16; Laws 1985, c. 117, § 2, operative July 1, 1985; Laws 1997, c. 284, § 19, eff. July 1, 1997.

§69-659.  County bridge standards - Demonstration bridge projects - Engineering services.

The Department of Transportation is hereby authorized to develop a complete set of county bridge standards, including standards for demonstration bridge projects and standards for county bridges with low average daily traffic volumes as defined by the latest published version of the County Roads Design Guidelines Manual.  Such standards shall be developed under the direction of the Bridge Division of the Department and prior to implementation shall be approved by the State Association of County Commissioners and the Transportation Commission.  Such standards shall be furnished without cost to local units of government.  Engineering for projects authorized pursuant to the County Bridge and Road Improvement Act may be provided by the Department of Transportation at the request of a county.  The cost to the Department for such engineering shall be charged to the project.  Monies received by the county pursuant to the County Bridge and Road Improvement Act, Section 657 et seq. of this title, may be used for purposes of obtaining engineering services.  Only registered professional engineers, approved by the Department, experienced in the design and construction of highway and related facilities, shall be used for such services.  Counties acquiring engineering services as provided for in this section shall require the engineers providing such services to execute professional service contracts which include a requirement that the engineer shall maintain an adequate policy of professional liability insurance.

Added by Laws 1980, c. 307, § 3, emerg. eff. June 17, 1980.  Amended by Laws 1989, c. 44, § 2, operative July 1, 1989; Laws 1989, c. 352, § 2, operative July 1, 1989; Laws 1993, c. 206, § 1, emerg. eff. May 25, 1993; Laws 1997, c. 284, § 20, eff. July 1, 1997.

§69-660.  Bridge and road replacement or reconstruction projects - Funding.

A.  The Local Government Division of the Department of Transportation shall immediately establish a program to aid counties in replacing or reconstructing bridges and roads.  The bridges and roads to be replaced or reconstructed shall be those that are structurally inadequate, functionally obsolete or have been destroyed or rendered unusable.

B.  Funds made available for the purposes of the County Bridge and Road Improvement Act may be used to pay the cost of county bridge inspections, classifications, and evaluations, and county road inspections, classifications, and evaluations for federal and state purposes and to match federal or state funds, provided the applicable federal or state funds are available.

C.  Except as otherwise specified in this act, the county collector system, including any future revisions thereto, shall constitute the system of roads wherein the bridges and roads are located that are eligible for project funding under this act.  Official maps showing the county collector system in each county shall be maintained on file by the Department of Transportation and shall be furnished each county at no cost.

D.  The Department of Transportation may approve the utilization of up to ninety percent (90%) of the estimated four-year apportionment to the county for county projects.  However, no additional projects may be approved for the county until the county has accumulated a surplus of three (3) months of apportionments and repaid all funds advanced from the State Highway Construction and Maintenance Fund.

Added by Laws 1980, c. 307, § 4, emerg. eff. June 17, 1980.  Amended by Laws 1981, c. 68, § 1, emerg. eff. April 16, 1981; Laws 1989, c. 352, § 3, operative July 1, 1989; Laws 1991, c. 98, § 1, eff. July 1, 1991; Laws 1995, c. 20, § 1, eff. Nov. 1, 1995; Laws 1997, c. 284, § 21, eff. July 1, 1997.

§69-661.  Priority of replacement or reconstruction projects - Selection - Apportionment of funds - Review of county bridge and road programs.

A.  While the legislative intent of the County Bridge and Road Improvement Act is to replace or reconstruct structurally obsolete bridges and roads on the county collector system, it is recognized that specific conditions may exist in a county justifying the need to reconstruct or replace a bridge or a road on a road section not included in the county collector system.  In such specific instance, the Oklahoma Department of Transportation may approve a project not on the county collector system.  Justification for such projects shall include use of the bridge or road for school bus routes, mail routes, heavy and extensive industrial or agricultural operations, or such other unique purposes as may be acceptable to the Department of Transportation.  However, in all instances projects located on school bus routes shall have priority on funds provided for the implementation of this act.  Right-of-way acquisition and utility relocation shall be the responsibility of the county in which the project is located.  Monies received by counties pursuant to the County Bridge and Road Improvement Act may be used for right-of-way acquisition and utility relocation.

B.  When a county receives monies pursuant to the County Bridge and Road Improvement Act, a county shall give priority to reconstructing, replacing, or closing those bridges in the county that are rated less than three (3) tons or fifteen (15) tons or less for those bridges on school bus routes.  Each county shall submit to the Department of Transportation a plan to reconstruct, replace, or close the types of bridges specified in this subsection within the county before January 1 of each year.  Bridge and road replacement or reconstruction projects shall be selected by the individual boards of county commissioners with the concurrence of the Department of Transportation and shall be based on a countywide assessment of bridge and road reconstruction and replacement needs.  Each request for project funds will be transmitted to the Department of Transportation in the form of an official programming resolution bearing the signatures of a majority of the county commissioners.  Where more than one project is programmed in a single county, the board of county commissioners shall designate the priority in which it wishes the projects to be undertaken.

C.  These funds shall be apportioned among the various counties by the Transportation Commission on an equitable basis consistent with the identifiable bridge and road needs on the collector system in each county.

D.  On or before July 1 of each year, the Department of Transportation shall review the County Bridge and Road Program in each county.  Said review shall examine the status of all programmed projects, funds carried over from previous fiscal year allocations, and funds anticipated to be available from future allocations.  The purpose of the review is to estimate the rate of County Bridge and Road Fund utilization by the various counties and to assess the progress of the County Bridge and Road Program throughout the state.

Added by Laws 1980, c. 307, § 5, emerg. eff. June 17, 1980.  Amended by Laws 1981, c. 68, § 2, emerg. eff. April 16, 1981; Laws 1984, c. 239, § 15, operative July 1, 1984; Laws 1989, c. 44, § 3, operative July 1, 1989; Laws 1989, c. 352, § 4, operative July 1, 1989; Laws 1995, c. 25, § 1, eff. Nov. 1, 1995; Laws 1997, c. 284, § 22, eff. July 1, 1997; Laws 2001, c. 73, § 1, eff. Nov. 1, 2001; Laws 2004, c. 419, § 2, eff. Nov. 1, 2004.

§69-662.  Administration of program or funds - Award of projects - Reimbursement for force account bridges.

A.  The program and funds shall be administered by the Oklahoma Department of Transportation under a minimum of policies, guidelines and engineering design standards.  Approved projects will be awarded to contractors by the State Transportation Commission or by other federal or state agencies under their normal competitive bidding procedures, excluding prequalification of bidders.  Force account road projects may be approved for a county by the Transportation Commission.  No force account county bridge project shall be reimbursed in excess of One Hundred Thousand Dollars ($100,000.00).  No county road project in excess of Two Hundred Thousand Dollars ($200,000.00), excluding the cost for engineering, right-of-way acquisition, and utility relocation, in cost shall be done by the force account method.

B.  Funds available for the County Bridge and Road Improvement Act shall not be subject to fiscal year limitations and shall be available for encumbrance and expenditure purposes for a period of thirty (30) months from the effective date such funds are appropriated.

C.  In order to receive reimbursement for constructing a force account bridge, a county shall have sufficient funds in the County Bridge and Road Improvement Fund to pay the reimbursement request cost.  Upon completion of a force account bridge, the board of county commissioners shall request an inspection of the bridge in accordance with the criteria set forth by the National Bridge Inventory Program.

D.  When the force account bridge has been inspected and achieves a load rating of H. twenty (20) tons or greater, the board of county commissioners may submit a request for reimbursement to the Department of Transportation.  The county shall receive reimbursement for all costs claimed relating to the construction of the bridge provided the inspection report indicates that the county has met or exceeded the criteria set forth in this section.  The resolution for reimbursement submitted by the board of county commissioners shall serve to satisfy the requirements of Section 41.16 of Title 62 of the Oklahoma Statutes.  County force account bridges eligible for reimbursement from the County Bridge and Road Improvement Fund shall meet or exceed the following criteria:

1.  The bridge has been built according to the current edition of the County Bridge Standards manual or from field notes drawn by a registered professional engineer that provide the basic structural requirements to achieve a load rating of H. twenty (20) tons or greater.  Field notes may be handwritten specifications or sketches which have been stamped or signed;

2.  The finished bridge shall achieve a twenty-ton or greater rating.  The rating criteria shall be determined by the National Bridge Inventory and approved by the Department of Transportation for bridges twenty (20) feet or more in length;

3.  The subsurface foundation of the bridge shall meet the minimum guidelines established by using approved engineering methods, details of which shall be kept as shop notes;

4.  The finished bridge shall have a minimum roadway width of twenty-four (24) feet; and

5.  Materials used in the construction of the bridge shall meet or exceed the specifications for materials as specified in the current edition of the County Bridge Standards or certified in writing by the engineer or supplier.

E.  Monies from the County Bridge and Road Improvement Fund may be used to establish minimum standards for guardrail applications on low-traffic-volume county roads.  The board of directors of the association representing the county commissioners of Oklahoma may request the development of guardrail standards for bridges on low-traffic-volume county roads, as defined in the county road standard manual, the cost of which shall be paid from monies from the County Bridge and Road Improvement Fund.

F.  Prior to construction of the bridge, a county may request that construction supervision be provided by the Circuit Engineering District of which the county is a member to ensure quality control and quality assurance.

Added by Laws 1980, c. 307, § 6, emerg. eff. June 17, 1980.  Amended by Laws 1995, c. 25, § 2, eff. Nov. 1, 1995; Laws 1997, c. 284, § 23, eff. July 1, 1997; Laws 1998, c. 29, § 1, eff. Nov. 1, 1998; Laws 1999, c. 240, § 1, eff. Nov. 1, 1999; Laws 2000, c. 110, § 1, eff. July 1, 2000; Laws 2001, c. 73, § 2, eff. Nov. 1, 2001.

§69-663.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-663.1.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-664.  County Bridge and Road Improvement Fund.

There is hereby created in the State Treasury a special fund to be designated as the "County Bridge and Road Improvement Fund".  The fund shall consist of monies, if any, which have accrued to the State General Revenue Fund at the close of the fiscal years ending June 30, 1980, June 30, 1981 and June 30, 1982, in excess of the amounts required to satisfy all appropriations made from the State General Revenue Fund for the then current fiscal year together with all other statutory obligations.  Provided, the amount apportioned to the county bridge and road improvement fund by the Director of State Finance at the close of each of the above-mentioned fiscal years shall not exceed the sum of Twelve Million Dollars ($12,000,000.00) for each fiscal year.  Revenues to this fund shall be expended only pursuant to legislative appropriation for implementation of the County Bridge and Road Improvement Act as set forth in the County Bridge and Road Improvement Act.

Added by Laws 1980, c. 349, § 13, emerg. eff. June 25, 1980.  Amended by Laws 1983, c. 9, § 177, emerg. eff. March 17, 1983; Laws 1991, c. 98, § 2, eff. July 1, 1991; Laws 1997, c. 284, § 24, eff. July 1, 1997.

§69-665.  Certification of county compliance with agreements and obligations - Expenditures permitted.

A.  The Oklahoma Department of Transportation shall be required to certify to the State Transportation Commission that each county has upheld all agreements with, and obligations to, this state.  If, due to failure by the county to maintain such obligations and agreements, the Department of Transportation cannot make the certification, the county shall receive no allocation or funding under the County Bridge and Road Improvement Act until such obligations and agreements are fulfilled.  However, if requested, a county shall be entitled to notice and a hearing before the Transportation Commission prior to any allocation or funding being withheld by the Department of Transportation.

B.  All consulting engineering contracts for services referred to in this act shall be approved by the Department of Transportation except those contracts entered into pursuant to the provisions of Section 687.1 of this title.  The Department shall make findings on all contracts approved that the cost is reasonable and the firm involved is capable of performing the service within a reasonable period of time.

C.  Expenditures which may be allowed pursuant to the provisions of this act shall include the following:

1.  Matching federal funds for the annual Federal Highway Administration allocation to the Oklahoma State University Center for Local Government Technology for the Federal Highway Administration Rural Technical Assistance Program, not to exceed twenty-five percent (25%) of the amount of funding the state is required to provide, which shall not exceed Fifty Thousand Dollars ($50,000.00);

2.  Project engineering costs;

3.  The cost of rights-of-way acquired for projects pursuant to the provisions of this act and the cost of the relocation of utilities from the rights-of-way so acquired;

4.  The cost of reconstruction or replacement of roadway structures which may be less than twenty (20) feet in length;

5.  Any cost or expense for administration, program management, engineering, including the development of appropriate local road standards which shall apply only to those roads reconstructed, maintained, or otherwise constructed pursuant to this act, or construction supervision necessarily incurred by the Department of Transportation in fulfilling its duties and responsibilities pursuant to this act;

6.  Any cost or expense related to a comprehensive plan for signing or inventory of signs on the county road system; and

7.  The expense and related costs of employing an engineer to assist a county or counties in carrying out the daily operations of road and bridge maintenance and construction, including the employment of a circuit engineer.

Added by Laws 1980, c. 349, § 14, emerg. eff. June 25, 1980.  Amended by Laws 1995, c. 25, § 3, eff. Nov. 1, 1995; Laws 1997, c. 284, § 25, eff. July 1, 1997.

§69-670.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-671.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-671.1.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-672.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-672.1.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-673.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-674.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-675.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-676.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-677.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-678.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-679.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-680.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-685.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-686.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-687.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-687.1.  Circuit engineering districts.

A.  The board of county commissioners of any county in this state may create a circuit engineering district with any other county or counties located within its Association of County Commissioners of Oklahoma district.  The objectives of the circuit engineering district shall be:

1.  To allow county governments to make the most efficient use of their powers by enabling them to cooperate with each other and other units of government on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population and other factors influencing the needs and development of county government;

2.  To provide research and research support to county government;

3.  To provide assistance to county governments in performing the functions delegated by law including, but not limited to, the operation of road maintenance, construction, inspection, and equipment purchases and management;

4.  To conduct public discussion groups, forums, panels, lectures, and other similar programs;

5.  To present courses of instruction and education;

6.  To obtain, develop and present scientific and all other types of information relative to the operation of the public transportation system in this state;

7.  For long-range planning and growth of the transportation system within the circuit engineering district and other circuit engineering districts within this state; and

8.  To provide services to counties in a coordinated manner that will improve the quality of the transportation system and be cost effective.

B.  The authority of the circuit engineering district shall be as follows:

1.  To comply with and carry out the provisions of the Interlocal Cooperation Act;

2.  To advise and assist its members with how to implement and make an effective transportation plan for the best interest of each member of the circuit engineering district;

3.  To prepare such programs of research as may be necessary and advisable in carrying out its purposes;

4.  To contract for services with persons, firms or units of government to carry out the purposes of the circuit engineering district;

5.  To provide periodic reports for the circuit engineering district or for its members as may be required by federal or state legislation or regulations pertaining thereto, and as are within the scope and range of the purpose of the circuit engineering district;

6.  To acquire and hold property for its use and to incur expenses to carry out its functions;

7.  To receive gifts, contributions and donations to carry out the purposes for which it is formed;

8.  To assess its members for the services rendered in carrying out its functions;

9.  To apply for, contract for, administer, receive and expend funds or grants from any participating member, the State of Oklahoma, the federal government, or any other source; and

10.  To publish studies in connection with its work which may be of benefit to its members or other agencies within and outside of the circuit engineering district.

C.  Circuit engineering districts may, by affirmative vote of their board, determine that the association representing the county commissioners of Oklahoma be designated to negotiate for services, required by law or necessity, on behalf of the circuit engineering districts.

D.  The circuit engineering district may, from time to time, as its board of directors deems necessary, cause to be formed legal trusts which shall be formed to promote and develop specific projects.  The primary goal of each trust created pursuant to this subsection shall be the economic growth and development within the district.  However, the trust shall be limited to functions within the category for which it is specifically organized.  The trust shall be totally responsible for its contractual obligations and holdings, holding the circuit engineering district harmless for claims or liabilities created by the trust.

E.  The board of directors of the circuit engineering district shall elect a liaison officer.  The liaison officer shall be a nonvoting member of each trust formed pursuant to subsection D of this section.  The liaison shall be permitted to attend all meetings and enter into all discussions of the trust's board of trustees, and shall report all actions to the board of directors of the circuit engineering district.

F.  The circuit engineering district shall conduct an independent audit upon completion of each fiscal year.

G.  The board of directors may employ an attorney to provide legal research, advice and opinions on contracts and other matters which may come before the board of directors.

H.  The State Auditor and Inspector shall prescribe the necessary rules, forms and procedures to provide for the efficient and timely means by which the pool purchase of supplies and equipment may be accomplished on behalf of the participating counties.  The rules, forms and procedures developed by the State Auditor and Inspector for pool purchasing may be utilized by the Oklahoma Department of Transportation County Advisory Board in coordination with the circuit engineering districts for the purpose of pool purchasing utilizing funds from the County Road Machinery and Equipment Revolving Fund.  For the purpose of obtaining access to pricing and bids available on a national level, counties shall be eligible to participate in such pool purchasing in a manner as determined by the State Auditor and Inspector.

I.  Circuit engineering districts may participate in the County Road Machinery and Equipment Revolving Fund pursuant to the provisions of Section 302.1 of this title.

J.  Circuit engineering districts are authorized to organize a statewide board consisting of the chairpersons duly elected by each of their respective circuit engineering districts.  The statewide board may conduct business and coordinate activities as determined by the members of the circuit engineering districts subject to the provisions of this act.

Added by Laws 1992, c. 80, § 12, eff. July 1, 1992.  Amended by Laws 1998, c. 94, § 1, eff. July 1, 1998; Laws 2001, c. 117, § 3, eff. Nov. 1, 2001.

§69-687.2.  XXX.

There is hereby created in the State Treasury a revolving fund for the State Auditor and Inspector to be designated the "Circuit Engineering District Revolving Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Auditor and Inspector pursuant to the provisions of Section 227.3 of Title 74 of the Oklahoma Statutes and any other monies designated by law for deposit thereto.  All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Auditor and Inspector solely for the purpose of funding circuit engineering districts.  Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

Added by Laws 2005, c. , § , eff. July 1, 2005.

§69-688.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-689.  Administration of programs and funds - Local road design standards - Plans, surveys and engineering services.

A.  The program and funds pursuant to the County Bridge and Road Improvement Act shall be administered by the Oklahoma Department of Transportation under a minimum of policies and guidelines in accordance with appropriate design and construction engineering standards.  Approved projects will be awarded to contractors by the State Transportation Commission or by other federal or state agencies under their normal competitive bidding procedures.  However, force account projects may be awarded to a county based upon agreed unit prices, if deemed to be in the best public interest.

B.  The Department is hereby directed, in cooperation with the Association of County Commissioners of Oklahoma, to cause to be developed appropriate local road design standards for use in constructing projects pursuant to this program.  The standards, upon their adoption by the Transportation Commission and by those counties wishing to participate in this program, shall be used for the design and construction of all projects funded pursuant to this program.  However, when funds available pursuant to this program are used to match federal funds, projects shall meet appropriate minimum design standards for local roads and other applicable federal requirements.  All plans and specifications for federal-aid projects shall be subject to the approval of the Department.  To every extent possible, negotiations with the Federal Highway Administration should be undertaken to allow application of the County Road Guidelines Design Manual.

C.  Plans, surveys, and engineering shall be the responsibility of the county in which the project is located and may be paid for by the Department of Transportation on a contractual basis from program funds accruing to that county.  Only registered professional engineers, approved by the Department of Transportation, experienced in the design and construction of highway and related facilities, shall be used for such services.  Where funds available pursuant to this program are used to match federal funds, the engineer shall be subject to approval by the Department of Transportation.  On those projects where no federal funds are involved, the Department of Transportation shall make every effort to develop simplified procedures designed to expedite the efforts of the county to advance the project to contract letting.  The Field Division engineer of the Department of Transportation or an appropriate designee shall be responsible for providing such guidance and assistance as may be requested by the county in the development of the project.  The Field Division engineer shall be notified in advance by the county's engineer of all field "plan-in-hand" inspections involving the project and shall be granted access to the project and all related records and documents during all phases of the project design and construction.  Construction engineering on all projects shall be the responsibility of the Department of Transportation.  In specific instances where, in the opinion of the Department of Transportation, the public interest would be best served, the county's engineer may be authorized to perform the construction engineering.

D.  Upon completion of the construction plans, the county's engineer shall submit the plans to the Department of Transportation accompanied by detailed estimates of the cost of right-of-way, utility relocations and construction of the project and a certification that the project was designed in accordance with the applicable adopted design standards.  The Department of Transportation shall review the plans, specifications, and estimates to the extent of assuring their completeness and compliance with the appropriate design criteria.  Upon acceptance of the plans, specifications, and estimates by the Department and at such time all right-of-way necessary to construct the project has been acquired by the county and so certified to the Department of Transportation, the project will be scheduled for bid opening by the Transportation Commission.  However, no project shall be scheduled for bid opening unless sufficient program funds are available to the account of the county in which the project is located to adequately finance the project construction.  Prior to award of the contract by the Transportation Commission, the county shall be given the option of accepting or rejecting the bid submitted by the successful bidder.

Added by Laws 1985, c. 351, § 23, emerg. eff. July 31, 1985.  Amended by Laws 1989, c. 44, § 5, operative July 1, 1989; Laws 1991, c. 98, § 4, eff. July 1, 1991; Laws 1995, c. 25, § 4, eff. Nov. 1, 1995; Laws 1997, c. 284, § 26, eff. July 1, 1997; Laws 2001, c. 73, § 3, eff. Nov. 1, 2001.

§69-689.1.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-690.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-690.1.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69-695.  Repealed by Laws 1997, c. 284, § 27, eff. July 1, 1997.

§69701.  Preparation of state design standards.

The Department shall cause to be prepared state design standards, standard plans and standard specifications for the design, construction and maintenance of the state highways and bridges which are not on the interstate or national highway system within this state.  Plans and specifications shall be uniform and may be amended from time to time as the Department deems advisable.  Design standards, when adopted by the Transportation Commission and accepted by the Federal Highway Administration, shall constitute the current recognized design standard for such highways in this state.

Laws 1968, c. 415, § 701, operative July 1, 1968; Laws 1993, c. 228, § 1, eff. Sept. 1, 1993.

§69702.  Entry upon premises to make surveys and examinations for establishment or relocation of highways  Notice.

The Department, through its authorized agents and employees, may enter upon any lands, waters, and premises in the state for the purpose of making surveys, soundings and drillings, and examinations as may be determined necessary or convenient for the purpose of establishing, locating, relocating, constructing, and maintaining state highways or relocations thereof and facilities necessary and incidental thereto.  Such entry shall not be deemed a trespass, nor shall an entry for such purpose be deemed an entry under any condemnation proceedings which may be then pending; but notice shall be given to the owner of or person residing on the premises, personally or by registered mail, at least ten (10) days prior to such entry.  Laws 1968, c. 415, Sec. 702.

Laws 1968, c. 415, § 702, operative July 1, 1968.  

§69703.  Reimbursement for actual damages.

The Department shall make reimbursement for any actual damages resulting to such lands, waters, premises and property as a result of activities pursuant to the preceding section.  In the event of disagreement as to the amount of the damage, either the person damaged or the Department may file a petition with the district court for the appointment of commissioners to appraise the damages and proceed to have the same determined as in condemnation proceedings.  Laws 1968, c. 415, Sec. 703.

Laws 1968, c. 415, § 703, operative July 1, 1968.  

§69704.  Commission to complete and revise maps.

The Commission may complete the topographic mapping of the State of Oklahoma and revise existing United States Topographic maps of the state, so that a complete and accurate map of the entire state may be complete and obtained by state departments and agencies, the federal government, and all persons desiring information relative to the natural resources of the State.  Laws 1968, c. 415, Sec. 704.

Laws 1968, c. 415, § 704, operative July 1, 1968.  

§69705.  United States Geological Survey, agreements with.

The Commission may enter into agreements with the Director of the United States Geological Survey, or legal successor thereof, for the purpose of making the necessary surveys and maps, and preparing data covering topographic surveys, so that they may be made available for public use.

Laws 1968, c. 415, § 705, operative July 1, 1968.  

§69706.  Expenses.

The Transportation Commission shall pay the expenses incurred under Sections 704 and 705 of this title out of the State Highway Construction and Maintenance Fund upon proper vouchers.  Provided, that any funds so expended shall be matched by the United States Government, and the total expenditures of state funds shall not exceed One Hundred Thousand Dollars ($100,000.00) in any fiscal year.

Laws 1968, c. 415, § 706, operative July 1, 1968; Laws 1994, c. 69, § 1, eff. July 1, 1994.

§69707.  Surveys  Lawful to cross premises.

For the purpose of carrying into effect the provisions of Sections 704 and 705, it shall be lawful for all persons employed in the making of the topographic survey to enter upon and cross all lands within the state; provided, however, that in so doing no damage shall be done to private property.

Laws 1968, c. 415, § 707, operative July 1, 1968.  

§69-708.  Repealed by Laws 1999, c. 219, § 15, eff. July 1, 1999.

§69-708.1.  Definitions.

As used in Sections 4 and 5 of this act:

1.  "Authority" means the Oklahoma Transportation Authority;

2.  "Construction manager" means any individual, firm, corporation, association, partnership, copartnership, or any other legal entity possessing the qualifications to provide services of construction management which include, but are not necessarily limited to, design review, scheduling, cost control, value engineering, constructability evaluation, preparation and coordination of bid packages and construction administration;

3.  "Department" means the Department of Transportation;

4.  "Design consultant" means an individual or legal entity possessing the qualifications to provide licensed architectural, registered engineering or registered land surveying services for the design of a transportation public work improvement project; and

5.  "Public work improvement" means any highway, bridge, street, sewer, pavement, waterline, sidewalk or any other improvement to a transportation facility which is constructed, altered, or repaired, under contract with the Department or the Authority.

Added by Laws 2001, c 399, § 3, emerg. eff. June 4, 2001.

§69-708.2.  Consultant list - Solicitation - Review - Negotiations - Demand service contracts.

A.  The Department of Transportation and the Oklahoma Transportation Authority shall each compile a list of all persons and entities interested in and capable of performing construction management and design consultant services specific to the transportation industry.  The consultant list shall include, but shall not be limited to, qualified construction managers and design consultants capable of performing such services as solicited from the Department of Central Services file on an annual basis.  The Department and the Authority shall each determine the qualifications of the prospective construction managers and design consultants.  The construction managers and design consultants shall be selected at the discretion of the Department or the Authority.

B.  The Department or the Authority shall issue a solicitation to construction managers or design consultants capable of providing the services desired.  The solicitation shall, at a minimum, contain:

1.  A description and scope of the projects;

2.  An estimated construction cost, anticipated starting date, and completion date the Department or the Authority desires for the project;

3.  A certification of funds available for the construction manager or design consultant fee, including federal, state or other participation;

4.  The closing date for construction manager or design consultant to give notice of interest; and

5.  Additional data the Department or the Authority requires from the construction manager or design consultant.  The closing date for submission of construction manager or design consultant notice of interest for consideration shall be within thirty (30) days of the date the notice is issued by the Department or the Authority.

C.  The Department or the Authority shall review the qualifications of the entities on the consultant list and shall select no less than three and no more than five consultants per contract for further consideration.  The review shall include consideration of the following information:

1.  Professional qualifications for the type of work contemplated;

2.  Capacity for completing the project in the specified time period;

3.  Past performance on projects of a similar nature; and

4.  Percentage of work to be performed by residents of Oklahoma.

D.  The Department and the Authority shall each establish a committee which will evaluate the construction managers or design consultants selected for consideration and rank the construction managers or design consultants in order of preference.

E.  The Department or the Authority shall enter into negotiations with the first-choice consultant.  If the Department or Authority and the first-choice consultant cannot reach an agreement, their negotiations shall be terminated and negotiations with the second-choice consultant shall commence.  If the Department or the Authority and the second-choice consultant cannot reach an agreement, their negotiations shall be terminated and negotiations with the third-choice consultant shall commence.  If the Department or the Authority and the third-choice consultant cannot reach an agreement, then all negotiations shall be terminated.  Should the Department or the Authority be unable to negotiate a satisfactory contract with any of the three selected consultants, the Department or the Authority shall reevaluate the proposed work and send out a new notice.

F.  As provided for in the Transportation Commission rules or by Authority resolutions, the Department or the Authority shall perform a written evaluation of the services provided by the consultant.  This evaluation shall become a part of the Department's and the Authority's consultant file.  Failure of the consultant to perform the prescribed work in a timely and accurate manner shall be grounds for exclusion from the list of qualified construction managers or design consultants until such time as the consultant can reasonably document and demonstrate performance improvement to the satisfaction of the Department or the Authority.

G.  In addition to the foregoing provisions of this section, the Department or the Authority may enter into demand services contracts for consultant services to provide a specific project work type or activity for unspecified projects or facilities on an as-needed basis.  Contract consultants for demand services shall not exceed a total of Two Hundred Fifty Thousand Dollars ($250,000.00) per consultant per state fiscal year.  When soliciting and securing such services, the Department and the Authority shall utilize the procedure as set forth in this section.

Added by Laws 2001, c 399, § 4, emerg. eff. June 4, 2001.

§69-708.3.  Plans for selection of contractor.

Any plans developed pursuant to the process for selection of a contractor for construction of a facility shall become the nonexclusive property of the State of Oklahoma as a condition of the award of the final contract for construction of the facility.  The State of Oklahoma shall not be obligated to obtain any further permission for use of the plans or to make payment to any person or other legal entity for the further use of the plans as may be needed for additional projects.

Added by Laws 2001, c 399, § 5, emerg. eff. June 4, 2001.

§69801.  Road tests or highway research projects.

The Department, acting alone or in cooperation with any federal, state or local agency, or any other state, or combination of such states and agencies, may conduct or participate in road tests or highway research projects; and may assign personnel to such tests and projects, and may expend therefor monies in the State Highway Maintenance and Construction Fund, regardless of whether such tests or research are conducted within or without the State of Oklahoma.

Laws 1968, c. 415, § 801, operative July 1, 1968.  

§69802.  Soil tests for counties  Reports  Charges.

The Department shall, when requested to do so by a county through its board of county commissioners, make tests of soil samples for the county, if the samples are submitted to the Department's laboratory in Oklahoma City; and shall furnish the county with a written report of its findings.  The Department shall charge the county for the cost of making such tests; and the board of county commissioners shall pay for such cost from county funds.

Laws 1968, c. 415, § 802, operative July 1, 1968.  

§69901.  Construction, improvements or maintenance of municipal streets, signs, lights, etc.

The Commission shall pay the cost of or perform the act of constructing, improving or maintaining municipal streets where such streets are a continuation of the state or federal highway system and the cost of installation, repair and maintenance of signs and lane marking for municipal streets where such streets are a continuation of the state or federal highway system.  The Commission shall not pay the cost of mowing the rightofway; drainage systems and facilities; or curbs, sidewalks or driveways of any such street.  When a municipality performs construction or maintenance operations within the right-of-way which affects or involves the removal of the surface, grade or subgrade of the highway, the municipality shall, at the expense of the municipality, restore the surface, grade or subgrade of the highway in accordance with the standards and specifications set forth by the Department of Transportation.  If the municipality fails to restore the surface, grade or subgrade of the highway in accordance with the standards and specifications set forth by the Department of Transportation, the Department of Transportation shall restore the highway and charge the municipality for all expenses associated therewith.  The Commission may participate in or pay the cost of lighting and electronic traffic control devices for municipal streets where such streets are a continuation of the state or federal highway system.

Added by Laws 1968, c. 415, § 901, operative July 1, 1968.  Amended by Laws 1987, c. 113, § 25, operative May 18, 1987; Laws 1987, c. 205, § 85, operative July 1, 1987; Laws 1994, c. 125, § 1, eff. Sept. 1, 1994.

§69-902.  Intersection of county road and state highway - Maintenance authority.

A.  At the intersection of a county road and a state highway, the county shall maintain the county road to the point where it intersects with the travel lanes of the highway or the improved shoulder.  The Department of Transportation shall maintain the existing signage at the intersections to include replacement or relocation of stop signs and vegetation control within three (3) feet of the stop sign whether or not the sign is within the county right-of-way.  The Department may place and maintain new or additional signs at any such intersection at the discretion of the Department.  The county shall maintain any advance warning sign and sight line vegetation control to the intersection.  The county may obtain from the Department, at no cost to the county, replacement advance warning signs.

B.  The Department of Transportation shall maintain the structure of bridges and overpasses where a county road crosses over or under a state highway.  The repair and maintenance of the county road shall be the responsibility of the county.

Added by Laws 1997, c. 232, § 2, eff. Nov. 1, 1997.

§69-1001.  Sale, exchange or lease of unneeded property - Notice.

A.  The Transportation Commission shall have authority to sell any lands, or interest therein, which may have been acquired for highway purposes, or facilities necessary and incident thereto, and any equipment, materials or supplies which in the opinion of the Commission are no longer serviceable, useful or necessary for the state highway system or the operation of the Department of Transportation.  Such authority shall be subject at all times to the continuing right to the use of the lands by any entity operating a sewer, water or gas system, telephone or electrical services, and by public service corporations and rural electric and telephone cooperatives for the construction, reconstruction, maintenance, operation and repair of their facilities of service which may be upon the lands.  However, any such land which was acquired by the Commission from a governmental subdivision as a gift, or for a nominal consideration, may be reconveyed to the governmental subdivision by the Commission, upon repayment by the governmental subdivision to the Commission of any consideration for the original conveyance.

B.  Any surplus land which has been leased to a political subdivision by the Commission may be sold and conveyed to the political subdivision for the present fair market value as determined by a competent appraisal and the political subdivision may have credited toward the purchase price of any such property the lease payments which the political subdivision shall have previously made to the Commission.

C.  Except as otherwise herein provided, the lands, materials, equipment and supplies shall be sold for cash to the highest and best bidder after notice by publication in a newspaper published in the county where the land is situated, or where the materials, equipment or supplies are located, in two consecutive weekly issues of the newspaper.

D.  1.  If the land originally comprised a partial taking leaving an abutting remainder, then prior to conducting such advertisement and solicitation of bids for the sale of any lands or interests therein, the Commission shall notify the person, firm or corporation which originally conveyed the property to the Commission or present successor to the original remainder that same has been declared surplus and is to be offered for sale.  Such notice shall be sent by registered mail addressed to the last-known address of such person, firm or corporation, with return receipt requested.  Such notice shall contain an offer to sell such property to such person, firm or corporation for an amount not less than the present fair market value thereof as determined by a competent appraisal which shall be obtained by the Commission prior to such offer and notice.  The amount of the Commission's requested purchase price based on such appraisal shall be stated in the notice, and the person, firm or corporation receiving such notice and offer shall be informed therein that unless such person, firm or corporation notifies the Commission in writing within thirty (30) days from the date of receipt of the notice that the Commission's offer of sale is accepted by such person, firm or corporation, the Commission shall proceed to sell the property at public auction as provided for in this section.  After the expiration of thirty (30) days from the date of receipt of the notice by the person, firm or corporation to whom it is addressed, if such person, firm or corporation has not notified the Commission in writing of the acceptance of the Commission's offer of sale, the Commission shall proceed to sell such property by public auction and no attempt to accept the Commission's offer by such person, firm or corporation after the expiration of such thirty (30) days shall be honored by the Commission.  However, such person, firm or corporation may submit a bid at the public auction of the property in the same manner as any other qualified bidder.

2.  If the land to be disposed of originally comprised a total taking leaving no abutting remainder, then such shall be sold to the highest bidder, or as otherwise herein provided except that if the land to be disposed of originally comprised a total taking of less than one (1) acre leaving only one abutting property owner of record, then prior to conducting such advertisement and solicitation of bids for the sale of any such lands or interest therein, the Commission shall notify the sole abutting property owner of record to the taking that such has been declared surplus and is to be offered for sale.  Such notice shall be sent by registered mail addressed to the last-known address of such person, firm or corporation, with return receipt requested.  Such notice shall contain an offer to sell such property to such person, firm or corporation subject to the same conditions as set forth in paragraph 1 of this subsection.

3.  For the purposes of this section, the Commission shall not distinguish between persons from whom surplus lands or interest therein were acquired by negotiated sale or gift and persons from whom such property was acquired by condemnation proceedings.

E.  The Commission may, in its discretion, exchange any such lands for other lands needed for highway purposes, or may lease or rent any lands which are owned by the Department, and are not immediately necessary for highway purposes, on such terms as the Commission determines for the best interests of the state.

F.  When the Oklahoma Department of Transportation determines that any equipment or vehicle becomes excess, obsolete, antiquated, unused or otherwise surplus, the Department shall notify the Department of Central Services in writing that such equipment or vehicle is surplus.  The notice shall identify:

1.  The type, brand or make, and country of manufacture of the equipment or vehicle;

2.  The age of the equipment or vehicle including but not limited to mileage;

3.  Whether the equipment or vehicle is in good working condition or not;

4.  If the equipment or vehicle is not in good working condition,  whether it is in repairable condition at reasonable cost;

5.  Original cost of the equipment or vehicle; and

6.  Present value of the equipment or vehicle, if known.

The Department of Central Services, with any other notice of surplus property, shall notify the eligible individuals or entities as provided in subsection G of this section of the availability of the surplus property of the Oklahoma Department of Transportation.

G.  Prior to any advertised public auction or advertised sealed bids to all individuals and entities eligible for participation in the surplus program, the Department, thirty (30) days prior to the advertised auction date, shall offer, at fair market value, the equipment or vehicles to the individuals or entities, in the following order of priority:

1.  Other state agencies;

2.  Political subdivisions of the state;

3.  Rural fire departments located in this state; and

4.  Rural water districts located in this state.

Any equipment or vehicles purchased pursuant to this subsection shall be made available to the purchaser on the date of purchase.

H.  The Department is authorized to act on behalf of the Commission in transactions authorized pursuant to this section, except as may be otherwise provided by rule or regulation of the Commission; and, all prior transactions of the Department which are otherwise in conformity with this section are deemed authorized and approved.

I.  When the Department of Transportation determines that any road or bridge materials or supplies become excess, unused, or otherwise surplus, the Department shall make such road or bridge material or supplies available to all governmental entities eligible for participation in the surplus program.  The Department may be reimbursed for any cost incurred in the recovery or storage of such road or bridge material or supplies.  The governmental entity requesting the excess, unused, or otherwise surplus road or bridge materials or supplies shall retrieve such materials or supplies from the Department of Transportation within one hundred eighty (180) days from the completion of project for which the materials or supplies are declared excess or surplus.

The Department, upon request of a local government, may transfer surplus bridge beams to the local government for use in the construction or repair of public roadway bridges.  The local government shall not sell the surplus beams.  Prior to the transfer, the local government shall cause the surplus beams to be inspected by a registered professional engineer.  The local government shall assume full responsibility for the cost of transporting the beams and for the use of the beams including, but not limited to, the proper removal and disposal of lead-based paint.  The Department shall retain the surplus beams for the requesting local government for a period not exceeding one hundred eighty (180) days, after which the Department may otherwise dispose of the surplus beams.

Added by Laws 1968, c. 415, § 1001, operative July 1, 1968.  Amended by Laws 1971, c. 291, § 1, emerg. eff. June 19, 1971; Laws 1986, c. 217, § 1, eff. Nov. 1, 1986; Laws 1990, c. 258, § 69, operative July 1, 1990; Laws 1992, c. 377, § 2, eff. Sept. 1, 1992; Laws 1993, c. 10, § 12, emerg. eff. March 21, 1993; Laws 1994, c. 298, § 1, eff. July 1, 1994; Laws 1998, c. 28, § 2, eff. Nov. 1, 1998; Laws 2004, c. 73, § 1, eff. Nov. 1, 2004.

NOTE:  Laws 1992, c. 341, § 1 repealed by Laws 1993, c. 10, § 16, emerg. eff. March 21, 1993.

§691002.  Compromise of claims for damage or loss.

The Commission shall have authority to comprise, settle or litigate claims which it may have against any person, firm or corporation for damages to or loss of property, equipment, or facilities of any kind belonging to the Department or over which the Department or the Commission shall have jurisdiction and control.  Laws 1968 C. 415, Sec. 1002.

Laws 1968, c. 415, § 1002, operative July 1, 1968.  

§691003.  Deposit of proceeds.

The proceeds from the sale or rental of any lands, or from the sale of equipment, materials or supplies, and any funds received as the result of the settlement or litigation of claims for damages to or loss of property, equipment or facilities owned by or under the control of the Department or Commission, shall be deposited in the State Highway Construction and Maintenance Fund.  Laws 1968 C. 415, Sec. 1003.

Laws 1968, c. 415, § 1003, operative July 1, 1968.  

§691004.  Disposition of unneeded portions of rightsofway by counties or cities  Procedure  Approval.

Whenever circumstances alter the highway, road or street requirements or needs of a county or city, after such county or city has purchased or acquired by eminent domain, any strip, piece or parcel of land so that such property, or any part thereof, is no longer needed for such purposes, the board of commissioners of such county or the governing board of such city is authorized to sell all right, title and interest of the county or city in such real property as herein provided.  Such property shall be disposed of in the manner set forth in Title 69, Oklahoma Statutes, Section 1001; provided, however, no such property which has been or is at the time of such disposal a portion of the State Highway System shall be offered for sale or in any manner disposed of by the county or the city unless notice in writing has first been given to the State Highway Director, and the State Highway Director has approved of such sale or other disposal of such property in writing.  Laws 1972, c.  172, Section 1.

Laws 1972, c. 172, § 1.  

§691101.  Letting contracts  Advertisements  Bids.

A.  All contracts for construction work upon the state highway system shall be let and awarded pursuant to the provisions of the Public Competitive Bidding Act of 1974.  If the project advertised pursuant to the provisions of the Public Competitive Bidding Act of 1974 is for the construction of more than eight (8) miles of road, said advertisement shall provide for bids on sections of the road no longer than eight (8) miles, as well as bids on the project as a whole.

B.  The Department may extend a contract no more than twentyfive percent (25%) of the length and extent of the original project.  The price for the extension work shall not be greater than the contract unit basis.

Amended by Laws 1983, c. 125, § 3, eff. Nov. 1, 1983.  

§691102.  Suspension of contract due to federal order or directive  Renegotiation  Cancellation and reletting.

When any contract for the construction or improvement of a state highway, or for the construction or improvement of a bridge, has not been carried out or work thereunder has been suspended by virtue of an order or directive of any officer or agency of the federal government issued under authority vested in or delegated to such officer or agency during any national emergency, and the Commission finds that in order to prevent further delay in the construction and completion of any such project, or that for any other reason it is to the best interest of the state to renegotiate the contract with the original contractor, or to cancel the contract and relet the same on advertised bids, the Commission in its discretion may renegotiate the contract with the original contractor on the most advantageous terms to the state obtainable, or may cancel the contract with the consent of the contractor upon such terms as may be mutually agreed upon and relet the cancelled contract on advertised bids at a public letting. Laws 1968, c. 415, Sec. 1102.

Laws 1968, c. 415, § 1102, operative July 1, 1968.  

§69-1103.  Repealed by Laws 1995, c. 200, § 4, emerg. eff. May 19, 1995.

§69-1104.  Expedited highway improvement contracts.

A.  As used in this section:

1.  "Highway emergency" means a situation or condition of a designed state highway that:

a. poses a threat to life or property of travelers, or

b. substantially disrupts the orderly flow of traffic and commerce; and

2.  "Highway improvement contract" means a contract awarded by the Department of Transportation for the construction, repair, or maintenance of a designated state highway or any part of the highway.

B.  As the part of any bidding procedure as provided by law for the letting of contracts by the Department of Transportation, the Department may award a highway improvement contract in a highway emergency in accordance with rules adopted by the Department which may include:

1.  Contractor eligibility;

2.  Notification of prospective bidders;

3.  Bidding requirements;

4.  Procedures for awarding the contract, pursuant to the Public Competitive Bidding Act of 1974;

5.  Bonding or other requirements to ensure satisfactory performance by the contractor and the protection of claimants supplying labor and materials used in performance of the contract;

6.  Contract form and contents;

7.  Provisions for extended work days to expedite the improvement; and

8.  Provisions for waiver of or exception to a procedure or requirement adopted pursuant to this section.

C.  Prior to awarding a contract under this section, the Department shall certify in writing a description of the highway emergency.  A copy of the certification of the highway emergency shall be attached to the contract.  The Transportation Commission shall be sent a copy of the certification of the highway emergency for final approval.

D.  In addition to the requirements of this section, any contract awarded pursuant to this section shall comply with the Public Competitive Bidding Act of 1974.

Added by Laws 1997, c. 70, § 1, eff. Nov. 1, 1997.

§691201.  Open section lines as public highways  Reserved section lines.

All section lines in the state which are opened and maintained by the board of county commissioners or the Department of Public Highways for public use are hereby declared public highways.  All section lines that are not so opened and maintained for public use may, by resolution of board, on the petition of the owner or all the owners of the abutting land, after public notice and at the expense of petitioner, be designated "reserved section lines" and are in the full and complete control of the owner or owners of the abutting land until such time as the board of county commissioners, by resolution, stating imminent intended use for public highway purposes, and by ninetyday written notice to the owner or owners of the abutting land, revoke said "reserved section lines" status. Provided, however, that no section line may be placed in reserve status unless the full width of such section line is so treated and no fee owner shall be denied the right of ingress and egress to his land by virtue of this act.  Whenever a section line is a boundary line between two counties, action by boards of county commissioners of both counties will be necessary to place a section line in "reserve status."  Laws 1968, c. 415, Sec. 1201; Laws 1975, c. 80, Sec. 1.  Emer. Eff. April 24, 1975.

Laws 1968, c. 415, § 1201, operative July 1, 1968; Laws 1975, c. 80, § 1, emerg. eff. April 24, 1975.  

§691201.1.  Preexisting easements to remain in full force and effect

Whenever a section line is designated a "reserved section line," any preexisting easements granted to public utilities, rural electric cooperatives, rural water districts, rural sewer districts, nonprofit rural water corporations or other entities shall remain in full force and effect.  After the effective date of this act, use for future public utility, rural electric cooperative, rural water district, rural sewer district or nonprofit rural water corporation easements of any section line in reserve status shall be subject to the same conditions and agreements between public utility companies, rural electric cooperatives, rural water districts, rural sewer districts or nonprofit rural water corporations and the board of county commissioners as apply on other section lines.

Laws 1975, c. 80, Section 2; Laws 1976, Chapter 47, Section 1. Emerg. eff. April 9, 1976.

Laws 1975, c. 80, § 2, emerg, eff. April 24, 1975; Laws 1976, c. 47, § 1, emerg. eff. April 9, 1976.  

§691201.2.  New section lines not created  Existing lines not widened  Indian lands.

Nothing in this act shall be construed to create a section line where none existed, nor to widen an existing section line, nor in any way to conflict with provisions relating to section lines of Indian Treaties or acts of Congress providing for disposition of Indian lands, nor to diminish any existing rights of any owners of abutting land, or registered land surveyors to enter section lines in the official conduct of their business.  Laws 1975, c. 80, Section 3. Emerg. Eff. April 24, 1975.

Laws 1975, c. 80, § 3, emerg. eff. April 24, 1975.  

§691202.  Highways  Right of adjoining owner.

An owner of land bounded by a road or street is presumed to own to the center of the way, but the contrary may be shown.  Laws 1968, c. 415, Sec. 1202.

Laws 1968, c. 415, § 1202, operative July 1, 1968.  

§69-1203.  Acquisition of lands or interests by purchase, donation or condemnation.

(a)  The Department shall have authority to acquire in fee simple in the name of the State of Oklahoma, by purchase, donation or condemnation, lands or such interests therein as in its discretion may be necessary for the purpose of establishing, constructing and maintaining state highways or relocations thereof, and facilities necessary or incident thereto, including borrow areas, channel changes and deposits of rock, gravel, sand and other road building material for use in highway construction and maintenance.  Such acquisition may be for immediate or future use.  The Department may acquire reasonable amounts of land adjacent to its normal rightofway for the purpose of screening unsightly areas adjacent to highways, landscaping safety rest areas and scenic overlook areas.

(b)  In determining the amount of land required, or width of right-of-way necessary for such state highways, the Department shall take into consideration the present and probable future needs in connection with maintaining and reconstructing the highways, and the prevention of traffic congestion and hazards.

(c)  Except in instances where there are nonresident owners, unknown heirs, imperfect titles and owners whose whereabouts cannot be ascertained with reasonable diligence, the Department shall give the owner an opportunity to sell the necessary lands or interests therein to the State of Oklahoma before resort to condemnation may be had.  The Department may condemn such lands or interests therein in the following manner:

The district judge of the county in which the real property may be situated, upon petition of either party, and after ten (10) days' notice to the opposite party, either by personal service or by leaving a copy thereof at his usual place of residence with some member of his family over fifteen (15) years of age, or, in the case of nonresidents, unknown heirs or other persons whose whereabouts cannot be ascertained, by publication in two issues of a newspaper in general circulation in the county (the ten-day period to begin with the first publication), shall direct the sheriff of the county to summon three disinterested freeholders, to be selected by the judge as commissioners, and who shall not be interested in a like question.  The commissioners shall be sworn to perform their duties impartially and justly; and they shall inspect the real property and consider the injury which the owner may sustain by reason of the condemnation, and they shall assess the just compensation to which the owner is entitled; and they shall forthwith make a report in writing to the clerk of the court, setting forth the quantity, boundaries and just compensation for the property taken, and amount of injury done to the property, either directly or indirectly, which they assess to the owner, which report must be filed and recorded by the clerk.  A certified copy of the report may be transmitted to the county clerk of the county where the land lies, to be filed and recorded by the county clerk (without further acknowledgment or proof) in the same manner and with like force and effect as is provided for the recording of deeds.  The procedure for service by publication as authorized herein shall be the same as provided by law for service by publication in civil actions, except summons need not be issued and served, and except as otherwise provided herein.

(d)  Immediately upon payment to the clerk of the court for the use of the owner the sum so assessed and reported to the court clerk as aforesaid, the Department shall thereby be authorized to enter upon the condemned premises, and remove and dispose of any obstructions thereon, by sale or otherwise.  If the landowner shall refuse to deliver up possession to the Department, the court shall issue an order to the sheriff of the county to place the Department in possession thereof.

(e)  (1)  The report of commissioners may be reviewed by the district court, on written exceptions filed by either party in the clerk's office within thirty (30) days after the filing of such report, and the court, after hearing had, shall make such order therein as right and justice may require, either by confirmation, rejection or by ordering a new appraisement on good cause shown. Provided, that in the event a new appraisement is ordered, the Department shall have the continuing right of possession obtained under the first appraisal, unless and until its right to condemn has finally been determined otherwise; or either party may within sixty (60) days after the filing of such report file with the clerk a written demand for a trial by jury, in which case the amount of damages shall be assessed by a jury, and the trial shall be conducted and judgment entered in the same manner as civil actions in the district court.  If the party demanding such trial does not recover a verdict more favorable to the party than the assessment of the commissioners, all costs in the district court shall be taxed against the party.  No owner upon whom proper service by publication has been had, as provided in this title, shall be let in to defend after expiration of time for appeal or review of the report of commissioners as above provided has elapsed.  Provided, that if, after the filing of exceptions to the report of commissioners as hereinafter provided, the Department shall fail to establish its right to condemn such premises, or any part thereof, the landowner shall be restored to possession of the premises, or part thereof, and the Department shall pay for any damages sustained through the occupation by the Department, and if such damages cannot be determined by amicable settlement they shall be determined by jury trial in the same proceedings.

(2)  Within ten (10) days after the Report of Commissioners is filed, the court clerk shall forward to the attorney of record for the condemnor, the attorney of record for each condemnee, and to all unrepresented condemnees, a copy of the commissioners' report and a notice, stating the time limits for filing an exception or demand for jury trial as specified in paragraph (A) of Section 55 of Title 66 of the Oklahoma Statutes.  The attorney of record for the condemnor shall provide the clerk of the court with the names and last-known addresses of the parties to whom notice and the report of the commissioners shall be mailed, sufficient copies of the notice and report to be mailed, and pre-addressed, postage-paid envelopes.  This notice shall be on a form prepared by the Court Administrator, which shall be approved by the Supreme Court, and shall be distributed to all clerks of the district court by said Court Administrator.  If a party has been served by publication, the clerk shall forward a copy of the report of commissioners and notice of time limits for filing an exception or demand for jury trial to the last-known mailing address, if any, and shall cause a copy of the notice of time limits to be published in one issue of a newspaper qualified to publish legal notices, as defined in Title 25 of the Oklahoma Statutes, Section 106.  After issuing the notices provided herein the court clerk shall endorse on the notice form filed in the case the date and that a copy of the report together with the notice form filed in the case was forwarded to each condemnee and each attorney of record, or the date the notice was published in compliance with the provisions hereof.

(3)  The time limits for filing an exception and demand for jury trial, as prescribed in paragraph (A) of Section 55 of Title 66 of the Oklahoma Statutes, shall be calculated from the date the report of the commissioners is filed in the case.  On failure of the court clerk to give notice within the time prescribed in paragraph (B) of Section 55 of Title 66 of the Oklahoma Statutes, the court, on application of any party, may extend the time for filing an exception to the report, or a demand for trial by jury for a period not to exceed twenty (20) days from the date the application is heard.

(f)  Either party aggrieved may appeal to the Supreme Court from the decision of the district court on exceptions to the report of commissioners, or jury trial; but such review or appeal shall not delay the prosecution of the work on such highway over the premises in question if the award of commissioners, or jury, as the case may be, has been deposited with the clerk for such owner, and in no case shall the Department be liable for the costs on such review or appeal unless the owner of the real property shall be adjudged entitled, upon either review or appeal, to a greater amount of damages than was awarded by the commissioners.  The Department shall in all cases pay the cost of the commissioners' fees and expenses, for their services, as determined and ordered paid by the judge of the district court in which such case is pending, however, poundage fees and condemnation fees shall only be paid by the department in the event of appeal resulting in a jury verdict in excess of the commissioners' award, but under no circumstances shall any poundage fees or condemnation fees be assessed against the recipient of said award.  And in case of review or appeal, a certified copy of the final order or judgment shall be transmitted by the clerk of the court, duly certified, to the proper county clerk, to be filed and recorded as hereinabove provided for the recording of the report, and with like effect.

(g)  When an estate is being probated, or a minor or incompetent person has a legal guardian, the administrator or executor of the estate, or guardian of the minor or incompetent person, shall have the authority to execute all instruments of conveyance provided for in this title on behalf of the estate, minor or incompetent person without other proceedings than approval by the judge of the district court endorsed on the instrument of conveyance.

(h)  "Just compensation", as used in this section, shall mean the value of the property taken, and in addition, any injury to any part of the property not taken.  Any special and direct benefits to the part of the property not taken may be offset only against any injury to the property not taken.  If only a part of a tract is taken, just compensation shall be ascertained by determining the difference between the fair market value of the whole tract immediately before the taking and the fair market value of that portion left remaining immediately after the taking.

Added by Laws 1968, c. 415, § 1203, operative July 1, 1968.  Amended by Laws 1970, c. 322, § 2, emerg. eff. Jan. 1, 1971; Laws 1971, c. 32, § 1, operative Jan. 1, 1972; Laws 1975, c. 277, § 1, emerg. eff. June 5, 1975; Laws 1991, c. 175, § 3, emerg. eff. May 8, 1991; Laws 2001, c. 258, § 11, eff. July 1, 2001.

§691204.  Highway construction - No issuance of work order until securing of all rights-of-way.

No work order on a contract for construction, reconstruction, maintenance, or any other type of highway construction shall be issued by the Transportation Commission unless all rightsofway necessary for such construction shall have first been secured by the state or local units of government.

Added by Laws 1968, c. 415, § 1204, operative July 1, 1968.  Amended by Laws 1999, c. 341, § 3, eff. Nov. 1, 1999.

§691205.  Acquisition policy.

The policy which the Commission shall follow in the acquisition of all rightsofway shall be as follows:

(a) For construction on the Interstate Highway System within the limits of municipalities having a population of five thousand (5,000) or more, federal aid funds, if available, may be used for the acquisition of rightsofway, and shall, if available, be used to pay the cost of the removing or relocating of utility facilities located in either privately owned or public rightsofway, and in such event the municipality in which such construction is to be performed shall furnish funds to the state necessary to match the federal funds.

(b) For construction on the Interstate Highway System in all locations other than within the limits of municipalities having a population of five thousand (5,000) or over, and where control of access is required, the state shall furnish all rightsofway and may use federal aid funds, if available, for such purpose, and when federal aid funds are available for such purpose, shall pay the cost of removing or relocating utility facilities located on either privately owned or public rightsofway.

(c) For all construction projects within the limits of municipalities, other than projects on the Interstate Highway System, as described in the Federal Aid Highway Act of 1956, the municipality or county involved and the Department shall equally share the cost of all necessary rightsofway, clear of all obstructions, including structures of any kind or nature and utility lines, poles, pipelines or other facilities above or below the surface of the ground.  If federal aid funds are available for the project, the municipality or county and the Department shall equally share the local portion of the costs for acquiring and clearing the rightofway, including the cost of removing and relocating utility facilities located on privately owned rightsofway.

(d) In any municipality where the Commission has determined it to be necessary to construct a highway through or within the corporate limits, and further determines that the construction will not benefit the municipality involved, or that the construction will benefit stateowned property or institutions, the Commission may, in its discretion, pay for or participate in the cost of rightsofway for such project.

(e) For all reconstruction or widening projects on existing improved roads of permanenttype surface in rural areas, the Department shall pay fifty percent (50%) of the cost of any additional rightsofway required to meet rightofway standardwidth requirements, and the remaining fifty percent (50%) shall be furnished or paid for by local units of government; provided, however, that no rightofway shall be acquired under the terms of this article, except by due process of law.

(f) On all projects wherein Federal aid funds may be used for rightofway or construction, the Department may pay moving costs, dislocation allowances or relocation expenses and replacement housing expenses incidental to the transfer of property, as is provided by the Federal Highway Act of 1968.

(g) For new construction on unsurfaced roads where the construction follows a section line or an existing unimproved road, all rightsofway shall be furnished by local units of government free of cost to the Department; provided, should the new or additional rightsofway, either contiguous or adjacent to the section line or existing unimproved road, be acquired only on one side of the section line or road, then onehalf of the cost shall be borne by the state.

(h) For all new construction diagonally across country or not following on a section line road or other existing unimproved road, the rightsofway shall be paid for by the Department.

(i) In securing the necessary rightsofway in rural areas, the state shall pay for all damages to buildings, improvements, fences and all other appurtenances thereto, or their moving and relocating.

(j) In any county where a proposed alignment for a highway project on the primary system shall not come within onehalf (1/2) mile of the limits of any municipality within the county, or contribute to the highway transportation system or to the economy of the county, the Commission may in its discretion increase the amount of the state's participation in the cost of rightsofway for such projects.

(k) The term "utility facility" as used herein means any publicly, privately, municipally or cooperatively owned facility or system which is used to provide water, power, light, gas, sewer, telegraph, telephone and communications, or like utility service, to the public in the State of Oklahoma, or some portion thereof.  Laws 1968, c. 415, Sec. 1205; Laws 1970, c. 308, Sec. 1; Laws 1971, c. 355, Section 8.  aff July 1, 1972.

Laws 1968, c. 415, § 1205, operative July 1, 1968; Laws 1970, c. 308, § 1, eff. July 1, 1970; Laws 1971, c. 355, § 8, eff. July 1, 1972.  

§691206.  Rightsofway not secured by negotiation  Offers  Costs.

In any or all of the above cases where local units of government are required to pay or participate in the cost of rightofway and such rightofway cannot be secured by negotiation, the state and the local units of government involved shall agree upon a fair and reasonable offer to be made for the rightofway and, should the eventual cost thereof exceed the offer, the excess shall be borne with the local units of government involved, in proportion to their respective obligations in the purchase of such rightofway, and shall be computed on the basis of each tract separately.  Laws 1968, c. 415, Section 1206; Laws 1971, c.  287, Section 1.  Emerg. eff.  June 19, 1971.

Laws 1968, c. 415, § 1206, operative July 1, 1968; Laws 1971, c. 287, § 1, emerg. eff. June 19, 1971.  

§691206.1.  State highways  Rightsofway  County nonparticipation.

No county, regardless of population, and no municipality having a population of less than sixty thousand (60,000) persons according to the latest Federal Decennial Census shall be required to participate financially in the acquisition of lands for use for rightsofway for state highways contracted for and constructed after the effective date of this section; provided, that this act shall not relieve any county or any said municipality, except those with a population of one thousand five hundred (1,500) or less, of such financial participation where responsibility for the same has been assumed under a preexisting contractual agreement with the department.

Laws 1976, c. 182, § 1, emerg. eff. June 4, 1976; Laws 1978, c. 84, § 1, eff. July 1, 1978.

§691206.2.  Municipalities  State highways  Right of way acquisition  Non participation.

Section 1206.2  No municipality having a population of sixty thousand (60,000) persons or more according to the latest Federal Decennial Census shall be required to participate financially in the acquisition of land for use for rightsofway for state highways contracted for and constructed after the effective date of this section; provided that this section shall not relieve any said municipality of such financial participation where responsibility for the same has been assumed under a preexisting contractual agreement with the department.

Laws 1978, c. 84, § 2, eff. July 1, 1979.  

§691207.  Purchase and sale of unneeded parcels.

Whenever a part of a parcel of land is to be taken for state highway purposes and the remainder is to be left in such shape or condition as to be of little value to its owner, or to give rise to claims or litigation concerning severance or other damage, the Department may acquire by condemnation or as otherwise provided by law the whole parcel and may sell the remainder or may exchange the same for other property needed for state highway purposes.  The Department shall also have authority to acquire lands or interests therein to be used as passageways between tracts of land severed by limited access highways and to convey the same to the owners whose land is so severed.  Laws 1968 c. 415, Sec. 1207.

Laws 1968, c. 415, § 1207, operative July 1, 1968.  

§691208.  Structures in rightofway or street prohibited  Public nuisance.

(a) The rightsofway acquired by the Department shall be held inviolate for state highway and departmental purposes, and no physical or functional encroachments or uses shall be permitted within such rightsofway.

(b) It shall be unlawful for any person to construct, maintain or operate any gasoline pump, driveway canopy, building, sign, fence, post, or any thing or structure on or overhanging any rightofway, or upon or overhanging any street occupied by a designated state or federal highway, and the construction or maintaining of any such thing or structure on or overhanging any federal or state highway shall constitute a public nuisance, which may be summarily abated by the Commission or its officers, agents, servants and employees in the manner provided in this article.

(c) This section shall not apply to the lawful use of such rightsofway for the erection and operation of facilities of a public utility.

Laws 1968, c. 415, § 1208, operative July 1, 1968.  

§691209.  Removal of structures by highway commission.

The Commission, its officers, agents, servants and employees shall have authority to physically remove any such sign, post, thing or structure, gasoline pump, driveway canopy, fence, signpost and building; and if the owner of any such driveway canopy, gasoline pump, or building, thing or structure fails to remove the same within a reasonable time after written demand for the removal thereof has been made upon him by registered mail or personal service, the Commission, its officers, agents, servants and employees may physically tear down and remove such building, canopy, or pump, and for such purpose may enter upon private property to the extent necessary to accomplish the removal.  Neither the state nor the Commission or its agents, servants, officers and employees shall be liable for any damage caused or sustained by reason of the abatement and removal of any such nuisance.

Laws 1968, c. 415, § 1209, operative July 1, 1968.  

§691210.  Culverts, driveways, mailboxes and stockpass fences excepted  Approval by Commission required.

Sections 1208 through 1211 shall not prevent the construction or maintenance of any culvert or driveway as a means of ingress and egress to private property, or prevent the placing of mailboxes or fences to stockpasses on any highway rightofway.  The Commission may regulate the construction and maintenance of such culverts, driveways, fences to stockpasses, and mailboxes with due regard to the safety of the traveling public and proper maintenance of the highway.  No culvert, driveway, fence to stockpass, or mailbox shall be constructed or maintained on the rightofway of any designated state or federal highway by any person without the approval of the Commission, and the Commission may remove without notice any such culvert, driveway, fence to stockpass, or mailbox constructed or maintained without first obtaining such approval when in its judgment such culvert, driveway, fence to stockpass, or mailbox is dangerous to the traveling public or interferes with proper drainage or maintenance of the highway.

Laws 1968, c. 415, § 1210, operative July 1, 1968.  

§691211.  Violation a misdemeanor  Punishment  Interference with abatement.

(a) Every person who shall construct, maintain, or operate any gasoline pump, driveway canopy, building, sign, fence, post, or any other thing or structure except such as may be specifically authorized by law upon the rightofway of any designated state or federal highway, or upon any street designated as a part of any state or federal highway, shall be guilty of a misdemeanor and each day such violation continues shall be a separate offense.

(b) Every person who, by threats, physical violence, or in any manner, prevents, obstructs or hinders the abatement of any such nuisance by the Commission, its agents, servants or employees shall be guilty of a misdemeanor.

Laws 1968, c. 415, § 1211, operative July 1, 1968.  

§691212.  Geological signs on highway through Arbuckle Mountains not affected.

The provisions of Sections 1208 through 1211 shall not affect in any way the geological signs on the rightofway of Highway No. 77 through the Arbuckle Mountains.

Laws 1968, c. 415, § 1711, operative July 1, 1968.  

§69-1213.  Obstructing or damaging roads - Defacing, damaging, destroying or removing any traffic-control device, road sign, signboard, guide sign or signpost - Felony penalty.

(a)  Any person or persons who shall willfully or knowingly obstruct or damage any public road or highway by obstructing the side or cross drain or ditches thereof, or by turning water upon such road or highway or rightofway, or by throwing or depositing brush, trees, stumps, logs, or any refuse or debris whatsoever in the road or highway, or on the sides or in the ditches thereof, or by fencing across or upon the rightofway of the same, or by planting any hedge within the lines established for such road or highway, or by changing the location thereof, or shall obstruct said road, highway or drains in any other manner whatsoever, or, except as provided in subsection (b) of this section, any person or persons who shall willfully or knowingly deface, damage, destroy or remove any traffic-control device, road sign, signboard, guide sign or signpost shall be deemed guilty of a misdemeanor.

(b)  If any person or persons willfully or knowingly defaces, damages, destroys or removes any traffic-control device, road sign, signboard, guide sign or signpost and such action results in personal injury to or death of any person, the person or persons responsible for such action shall be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for not more than two (2) years, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.  Notice of this provision shall be placed in the manual provided by the Department of Public Safety which manual is issued for purpose of passing driving privilege.

(c)  The governing body who finds any road or highway obstructed as above specified shall notify the person violating the provisions of this section, verbally or in writing, to remove such obstruction forthwith, and if such person does not remove the obstruction within ten (10) days after being notified, he shall pay the sum of Five Dollars ($5.00) for each and every day after the tenth day such obstruction is maintained or permitted to remain, such fine to be recovered by suit brought by the governing body in any court of competent jurisdiction.

Added by Laws 1968, c. 415, § 1213, operative July 1, 1968.  Amended by Laws 1993, c. 127, § 4, emerg. eff. May 4, 1993; Laws 1997, c. 133, § 570, eff. July 1, 1999; Laws 1999, 1st Ex.Sess., c. 5, § 413, eff. July 1, 1999.

NOTE:  Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date of Laws 1997, c. 133, § 570 from July 1, 1998, to July 1, 1999.

§691229.  Location and identification of corners within rightofway.

The Department shall, in cooperation with the county surveyor of the county affected, locate section and quarter section corners within the rightofway of all state highways when surveys and plans are being made for contemplated new construction or resurfacing, and remark such corners in the rightofway by a suitable marker, of a design to be approved by the Department.  Whenever such corners are located on a highway to be hardsurfaced, or resurfaced, the Department shall identify such corners on the roadway by bronze surface markers, of a design to be approved by the Department.

Laws 1968, c. 415, § 1229, operative July 1, 1968.  

§691230.  Obliteration of corners by highway construction.

Where any section or quarter section corner is obliterated, or may be obliterated, by highway construction, the Department shall witness the location of such corners by two or more well defined objects located outside of the contemplated rightofway limits and shall note such witnesses on the highway construction plans.

Laws 1968, c. 415, § 1230, operative July 1, 1968.  

§691231.  Remarking of existing corners.

The Department shall also remark existing section corners and quarter section corners on state highways that are now paved, with markers similar to those described herein, where reliable reference ties are available.

Laws 1968, c. 415, § 1231, operative July 1, 1968.  

§691232.  Applicability to counties.

The provisions of Sections 1229, 1230 and 1231, shall apply with full force and effect and in like manner to the board of county commissioners of each county in this state, whenever section corners or quarter section corners are obliterated, or may be obliterated, by the construction or resurfacing of either lowtype or hightype paved roads on any county highway within the county.

Laws 1968, c. 415, § 1232, operative July 1, 1968.  

§691233.  Right of entry.

For the purpose of carrying into effect the provisions of Sections 1229 through 1232, it shall be lawful for all persons employed in making such remarking of corners to enter upon and across all lands within the state; provided, however, that in so doing, no damage shall be done to private property.

Laws 1968, c. 415, § 1233, operative July 1, 1968.  

§69-1234.  Repealed by Laws 2002, c. 404, § 13, eff. July 1, 2002.

§691235.  Right to purchase  Collection of pro rata share of costs.

The Highway Department shall have right to purchase rightofway under the provisions of this act from the fund created hereby, and at such time as the rightofway is to be utilized for construction thereon, the Department shall then proceed to replenish from the cost of said project the state's proportionate share of the purchase price paid for said rightofway, and to collect the pro rata share required by present law from city or county governments, and any monies derived from said governments shall accrue to said fund.

Laws 1970, c. 118, § 2.  

§69-1236.  Sale of unneeded property.

In the event that circumstances alter the highway requirements after the Director has acquired property so that it or a portion thereof is no longer needed for highway purposes, the Director is authorized to sell the real property involved or any portion thereof in the name of the state on the relation of the Director, and shall make deposit of the proceeds of such sale in the Highway Advance Right-of-Way Acquisition and Management Fund.  Provided, if any funds have been contributed by municipal or county governments for the purchase of such property, such funds shall be returned to said municipal or county government together with any interest which such contributions have actually earned.

Laws 1970, c. 118, § 3.

§691237.  Deposit and investment of monies.

Any monies credited to, or appropriated to, the Highway Advance RightofWay Acquisition and Management Fund, shall be deposited in such fund in the State Treasury.  Any monies in such fund shall be invested by the State Treasurer upon direction of the State Highway Director in direct obligations of the United States of America or in certificates of deposits from banks in the State of Oklahoma acceptable as depositories by the State Treasurer, when such certificates of deposits are secured by acceptable collateral and yield as much, or more, than direct obligations of the United States of America.  Any such investment shall mature in time to enable the State of Oklahoma to issue warrants against the fund for payment of indebtedness incurred for the purpose for which the Highway Advance RightofWay Acquisition and Management Fund is created.  Any interest earned on such investments shall likewise be deposited in said fund.

Laws 1970, c. 118, § 4.  

§691238.  Approval of actions.

Any actions taken by the Director under the provisions of this act shall first be approved by the State Highway Commission.

Laws 1970, c. 118, § 5.  

§691251.  Citation.

This act may be called the "Oklahoma Junkyard and Scrap Metal Processing Facility Control Act."

Laws 1968, c. 98, § 1, emerg. eff. April 1, 1968.  

§691252.  Declarations and findings.

For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, it is hereby declared to be in the public interest to regulate and restrict the establishment, operation, and maintenance of junkyards and scrap metal processing facilities in areas adjacent to the Interstate and Primary Systems within this state.  The Legislature hereby finds and declares that junkyards and scrap metal processing facilities which do not conform to the requirements of this Act are public nuisances.

Laws 1968, c. 98, § 2, emerg. eff. April 1, 1968.  

§691253.  Definitions.

Section 1253.  As used in this act:

(a) "Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.

(b) "Automobile graveyard" means any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.

(c) "Junkyard" means an establishment or place of business which is maintained, operated or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.

(d) "Interstate system" means that portion of the National System of Interstate and Defense Highways located within this state, as officially designated, or as may hereafter be so designated by the Transportation Commission, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, "Highways."

(e) "Primary system" means that portion of connected main highways as officially designated, or as may hereafter be so designated, by the Transportation Commission, and approved by the Secretary of Transportation, pursuant to the provisions of Title 23, United States Code, "Highways."

(f) "Unzoned industrial areas" means any area not zoned by state or local law, regulation or ordinance, which is occupied by one or more industrial activities, and the lands along the highway for a distance of one thousand (1,000) feet measured in each direction from the outer edges of the regularly used buildings, parking lots, storage, or processing areas of the activities, and lying parallel to the edge or pavement of the highway, and located on the same side of the highway as the principal part of said activities.  Measurements shall not be from the property lines of the activities, unless said property lines coincide with the limits of the activities.

(g) "Scrap metal processing facility" means an establishment having facilities used primarily for processing iron, steel or nonferrous metals and whose principal product is such iron, steel or scrap for sale for remelting purposes only, the processor being considered a manufacturer.

(h) "Industrial activities" means those activities permitted only in industrial zones, or in less restrictive zones by the nearest zoning authority within the state, or prohibited by said authority but generally recognized as industrial by other zoning authorities within the state except that none of the following shall be considered industrial activities:

(1)  Outdoor advertising signs, displays or devices;

(2)  Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;

(3)  Activities normally and regularly in operation less than three (3) months of the year;

(4)  Transient or temporary activities;

(5)  Activities not visible from the traffic lanes of the main traveled way;

(6)  Activities more than three hundred (300) feet from the nearest edge of the main traveled way;

(7)  Activities conducted in a building principally used as a residence;

(8)  Railroad tracks, minor sidings and passenger depots;

(9)  Strip or other open mining activities; and

(10)  Junkyards, automobile graveyards or scrap metal processing facilities.

(i) "Department" means the Oklahoma Department of Transportation.

(j) "Commission" means the Transportation Commission of the Oklahoma Department of Transportation.

(k) "Director" means the Director of the Oklahoma Department of Transportation.

Laws 1968, c. 98, § 3, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 1, emerg. eff. March 29, 1978.  

§691254.  Prohibition on operation of junkyards or facilities.

Section 1254.  No person, firm or corporation shall establish, operate or maintain a junkyard or scrap metal processing facility, any portion of which is within one thousand (1,000) feet of the nearest edge of the rightofway of any interstate or primary highway, except the following:

(a) Those which are screened by natural objects, plantings, fences or other appropriate means so as not to be visible from the main traveled way of the system, or otherwise removed from sight.

(b) Those located within unzoned industrial areas, which areas shall be determined from actual land uses and defined by regulations to be promulgated by the Commission.

(c) Those located within areas which are zoned for industrial use under authority of state or local law, regulation or ordinances.  (d) Those which are not visible from the main traveled way of the system.

Laws 1968, c. 98, § 4, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 2, emerg. eff. March 29, 1978.  

§691254A.  Removal of license tags

Any person, firm or corporation or employee of person, firm or corporation in the business of dismantling or salvaging any part or parts of junked or salvaged motor vehicles shall remove all license tags attached to said junked or salvaged motor vehicles within ten (10) days from receipt of said vehicle.

Laws 1976, c. 93, § 1, eff. Oct. 1, 1976.  

§691254B.  Penalty

Any person in violation of Section 1 of this act shall be guilty of a misdemeanor and shall be punished by a fine of not less than One Hundred Dollars ($100.00).

Laws 1976, c. 93, § 2, eff. Oct. 1, 1976.  

§691255.  Screening required.

Section 1255.  Any junkyard or scrap metal processing facility lawfully in existence on the effective date of this act which is within one thousand (1,000) feet of the nearest edge of the rightofway and visible from the main traveled way of any highway on the interstate or primary system shall be screened by the person, firm or corporation operating said junkyard or scrap metal processing facility in the manner and at locations required by the Commission.

Laws 1968, c. 98, § 5, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 3, emerg. eff. March 29, 1978.  

§691256.  Reimbursement for expenses.

Section 1256.  Any person, firm or corporation in existence and doing business at a specified present location at the time of passage of this act, required to provide fencing or screening by this act, shall be reimbursed all actual and necessary expenses incurred thereby upon the prior submission of a plan or scheme to be approved by the Department and thereafter the submission of an itemized claim for such expenses to the Oklahoma Department of Transportation when such claim is approved by the Commission.

Laws 1968, c. 98, § 6, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 4, emerg. eff. March 29, 1978.  

§691257.  Violations  Penalties.

Section 1257.  From and after the effective date of this act, it shall be unlawful for any person, firm or corporation to construct or establish any facility which would be in violation of the terms of this act and such would be a public nuisance, and provided further, that if any such person, firm or corporation did so establish such a facility in violation hereof, no state or federal funds would be used in any manner for the purpose of screening, moving or removing said nuisance.  When the Department shall determine that any junkyard or scrap metal processing facility is not fenced or screened as required by this act, the person, firm or corporation operating the junkyard or scrap metal processing facility shall be notified of such violation and the manner in which compliance with this act is required.  Such notice shall be in writing and require the person, firm or corporation operating the junkyard or scrap metal processing facility to comply with the provisions of this act within ninety (90) days from the date of such notice.  Any person, firm or corporation failing to comply with the provisions of this act after the expiration of ninety (90) days from the date of such notice or the extension of such time authorized by the Department shall be guilty of a misdemeanor and upon conviction thereof shall be fined Ten Dollars ($10.00) for each day such violation continues after the expiration of the ninetyday notice or extension thereof.

Laws 1968, c. 98, § 7, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 5, emerg. eff. March 29, 1978.  

§691258.  violations as public nuisance  Abatement.

Section 1258.  Violation of the provisions of this act shall constitute a public nuisance, and the district court in the county in which said junkyard or scrap metal processing facility shall be located shall issue its order requiring immediate compliance with this act and the abatement of said nuisance upon the application of the Director or his authorized representative.

Laws 1968, c. 98, § 8, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 6, emerg. eff. March 29, 1978.  

§691259.  Rules, regulations and policies.

Section 1259.  The Commission is hereby empowered to prescribe reasonable rules, regulations and policies not inconsistent with this act for the implementation and administration of the junkyard control program required hereunder.

Laws 1968, c. 98, § 9, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 7, emerg. eff. March 29, 1978.  

§691260.  Acquisition of interest in lands by state.

Section 1260.  When the Commission determines that the topography of the land adjoining the highway will not permit adequate screening of such junkyards or scrap metal processing facilities or the screening of such junkyards or scrap metal processing facilities would not be economically feasible, the Commission shall have the authority to acquire, by gift, purchase, exchange or condemnation, such interest, either real or personal, as may be necessary to secure the relocation, removal or disposal of the junkyards or scrap metal processing facilities and to pay the costs of relocation, removal or disposal thereof.  When the Commission determines that it is in the best interest of the state, it may acquire such real or personal property interest as may be necessary to provide adequate screening of such junkyards or scrap metal processing facilities.

Laws 1968, c. 98, § 10, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 8, emerg. eff. March 29, 1978.  

§691261.  More restrictive provisions unaffected.

Nothing in this act shall be construed to abrogate or affect the provisions of any lawful ordinance, regulation, or resolution, which are more restrictive than the provisions of this act.

Laws 1968, c. 98, § 11, emerg. eff. April 1, 1968.  

§691262.  Agreements with federal government.

Section 1262.  The Director is hereby authorized to enter into agreements with the United States Secretary of Transportation as provided by Title 23, United States Code, relating to the control of junkyards or scrap metal processing facilities in areas adjacent to the interstate and primary systems, and to take action in the name of the state to comply with the terms of such agreement.

Laws 1968, c. 98, § 12, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 9, emerg. eff. March 29, 1978.  

§691263.  Federal Funds.

The Commission may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of federal law.  In the event federal funds are not available for assistance in carrying out the provisions of the federal law, the Commission may defer the screening, removal or relocation of junkyards or scrap metal processing facilities until such time as federal funds are made available for such purposes.

Laws 1968, c. 98, § 13, emerg. eff. April 1, 1968; Laws 1978, c. 107, § 10, emerg. eff. March 29, 1978.  

§691264.  Use of funds.

Section 1264.  The Commission is hereby authorized to use any funds appropriated to it or received by it from the State Highway Construction and Maintenance Fund for matching federal funds or for other lawful purposes of this act.

Laws 1978, c. 107, § 11, emerg. eff. March 29, 1978.  

§691271.  Legislative intent  Authority of State Highway Department.

Section 1271.  For the purpose of promoting the public safety, health, welfare, convenience and enjoyment of public travel, to protect the public investment in public highways, and to preserve and enhance the scenic beauty of lands bordering public highways, while recognizing that outdoor advertising is a legitimate use of private property, it is hereby declared to be in the public interest to control the size, number, spacing, lighting, type and location of outdoor advertising devices, as hereinafter defined, in all areas within six hundred sixty (660) feet from the edge of the rightofway of interstate and federalaid primary highways located within urban areas, as hereinafter defined, in the State of Oklahoma and in all areas visible from the main traveled way of interstate and federalaid primary highways located outside of urban areas in the State of Oklahoma.  The Oklahoma Department of Transportation shall have the authority to implement and enforce this act, and may prohibit outdoor advertising devices in the control areas, and may regulate and permit certain outdoor advertising structures and devices in the control areas, within the limitations of this act and according to the standards and definitions set forth in this act.

Laws 1968, c. 191, § 1, emerg. eff. April 15, 1968; Laws 1978, c. 199, § 1, emerg. eff. April 14, 1978.  

§691272.  Application of Act.

Section 1272.  The provisions of this act apply only to the erection and maintenance of outdoor advertising signs, displays and devices located in adjacent areas within six hundred sixty (660) feet from the nearest edge of the rightofway and which are visible from the main traveled way and those which are located in controlled areas beyond six hundred sixty (660) feet from the nearest edge of the rightofway, visible from the main traveled way and erected with the purpose of being read from the main traveled way.

Laws 1968, c. 191, § 2, emerg. eff. April 15, 1968; Laws 1972, c. 240, § 1, emerg. eff. March 28, 1972; Laws 1978, c. 199, § 2, emerg. eff. April 14, 1978.  

§691273.  Definitions.

As used in this act:

(a)  "Sign," "outdoor advertising" or "outdoor advertising device" means any outdoor sign, display, device, notice, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended or used to advertise or inform, but shall not include surface markers showing the location or route of underground utility facilities or pipelines or public telephone coin stations installed for emergency use.

(b)  "Main traveled way" means the traveled way of a highway on which through traffic is carried.  In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main traveled way.  It does not include such facilities as frontage roads, turning roadways or parking areas.

(c)  "To erect" and its variants means to construct, build, raise, assemble, place, affix, attach, create, paint, draw or in any other way bring into being or establish.  But these shall not include any of the foregoing activities when performed as incident to the change of advertising message or customary maintenance of the sign structure.

(d)  "Unzoned commercial or industrial areas" means those areas which are not zoned by state or local law, regulation or ordinance, and on which there is located one or more permanent structures devoted to a commercial or industrial activity or on which a commercial or industrial activity is actually conducted, whether or not a permanent structure is located thereon, and the area along the highway extending outward six hundred (600) feet from and beyond the edge of such activity on both sides of the highway.  Provided however, the unzoned area shall not include land on the opposite side of an interstate or duallaned limited access primary highway from the commercial or industrial activity establishing the unzoned commercial or industrial area or land on the opposite side of other federalaid primary highways, which land is deemed scenic by an appropriate agency of the state.

All measurements shall be from the outer edges of the regularly used buildings, parking lots, storage or processing areas of the commercial or industrial activities, not from the property lines of the activities, and shall be along or parallel to the edge of pavement of the highway.  Such an area shall not include any area which is:

(1)  Within three hundred (300) feet of any building used primarily as a residence, unless the owner of the building consents in writing to the particular commercial use or uses to be made of such lands;

(2)  Within five hundred (500) feet of any of the following: public park, garden, recreation area or forest preserve, church, school and officially designated historical battlefield; or

(3)  Beyond six hundred sixty (660) feet from the nearest edge of the rightofway.

(e)  "Commercial and industrial activities" means those activities, clearly visible from the main traveled way, generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following shall be considered commercial or industrial:

(1)  Agricultural, forestry, ranching, grazing, farming and related activities, including, but not limited to, wayside fresh produce stands;

(2)  Outdoor advertising structures;

(3)  Transient or temporary activities;

(4)  Activities more than six hundred sixty (660) feet from the nearest edge of the rightofway;

(5)  Activities conducted in a building principally used as a residence; and

(6)  Railroad tracks and minor sidings.

(f)  "Official signs" means signs and notices erected and maintained by public officers or public agencies within their territorial jurisdiction and pursuant to and in accordance with direction or authorization contained in federal or state law for the purposes of carrying out an official duty or responsibility.

(g)  "Informational signs" means signs containing directions or information about public places owned or operated by federal, state or local governments or their agencies, publicly or privately owned natur[A phenomena, historic, cultural, educational and religious sites, and areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.

(h)  "Onpremise activities signs" means signs advertising activities conducted upon the property on which the signs are located.

(i)  "Onpremisesale or lease signs" means signs advertising the sale or lease of property on which they are located.

(j)  "Interstate highway" means any highway at any time officially designated a part of the National System of Interstate and Defense Highways by the Department and approved by the appropriate authority of the federal government.

(k)  "Primary highway" means any highway at any time officially designated a part of the Federalaid Primary System by the Department and approved by the appropriate authority of the federal government.

(l)  "Centerline of the highway" means a line equidistant from the edges of the median separating the main traveled ways of a divided highway, or the centerline of the main traveled way of a nondivided highway.

(m)  "Adjacent area" or "control area" means the area which is adjacent to and within six hundred sixty (660) feet of the nearest edge of the rightofway on any interstate or primary highway within urban areas, which six hundred sixtyfoot distance shall be measured horizontally along a line perpendicular to, or ninety (90) degrees to, the centerline of the highway.  Outside of urban areas, adjacent area or control area means the area which is visible from the main traveled way on any interstate or primary highway.

(n)  "Business area" means any part of a control area which is: (1)  Within six hundred sixty (660) feet of the nearest edge of the rightofway and zoned for business, industrial or commercial activities under the authority of any state zoning law, or city or county zoning ordinance of this state; or

(2)  Not so zoned, but which constitutes an unzoned commercial or industrial area as herein defined.

(o)  "Department" means the Department of Transportation of the State of Oklahoma.

(p)  "Maintain" means to hold or keep in a state of efficiency or validity, to support or sustain, by cleaning or repairing the sign or changing the message on its face.

(q)  "Visible" means capable of being seen without visual aid by a person of normal visual acuity.

(r)  "License" means the privilege to do business in the State of Oklahoma having been granted by an official agency.

(s)  "Permit" means the privilege to erect a sign or signs in an individual location within the State of Oklahoma having been granted by an official agency.

(t)  "License fee" means the monetary consideration paid for the privilege of doing business in the State of Oklahoma.

(u)  "Permit fee" means the monetary consideration paid for the privilege of erecting a sign or signs in a specific location within the State of Oklahoma.

(v)  "Urban area" means an urbanized area or, in the case of an urbanized area encompassing more than one state, that part of the urbanized area in each such state, or an urban place as designated by the Bureau of the Census having a population of five thousand (5,000) or more and not within any urbanized area, within boundaries to be fixed by responsible state and local officials in cooperation with each other, subject to approval by the Secretary of Transportation.  Such boundaries shall, as a minimum, encompass the entire urban place designated by the Bureau of the Census.

Laws 1968, c. 191, § 3, emerg. eff. April 15, 1968; Laws 1970, c. 10, § 1, emerg. eff. Feb. 10, 1970; Laws 1972, c. 240, § 2, emerg. eff. March 28, 1972; Laws 1978, c. 199, § 3, emerg. eff. April 14, 1978.  

§69-1274.  Signs permitted in control area.

After the effective date of this act no sign shall, except as provided in Section 8, be erected or maintained in a control area, except the following:

(a) Informational and other official signs, including, but not limited to, signs pertaining to natural wonders, scenic and historical attractions, which are required or authorized by law, and which comply with regulations which shall be promulgated by the Department relative to their lighting, size, number, spacing, and such other requirements as may be appropriate to implement this act; provided, however, that such regulations shall not be inconsistent with, nor more restrictive than, such national standards as may be promulgated from time to time by the Secretary of the Department of Transportation of the United States pursuant to federal law.

(b) On-premise activities signs advertising activities conducted on the property on which they are located, including but not limited to, goods sold, stored, manufactured, processed or mined thereon; services rendered thereon; and entertainment provided thereon.

(c) On-premise sale or lease signs advertising the sale or lease of property upon which they are located.

(d) Signs in existence in business areas on the effective date of this act and signs erected within six (6) months thereafter upon property in business areas leased prior to said effective date, subject to the conditions set forth in Section 8.

(e) Signs which are to be erected in business areas and which will comply when erected with the provisions of Section 5 of this act, and after the applicable provisions of Section 7 are met.

Adsded by Laws 1968, c. 191, § 4, emerg. eff. April 15, 1968.

§69-1275.  Standards for signs in business area.

After April 15, 1968, signs which are to be erected in a business area shall comply with the following standards:

(a)  General.  Signs shall not be erected or maintained which:

(1)  Imitate or resemble any official traffic sign, signal or device.

(2)  Are erected or maintained upon trees or painted or drawn upon rocks or other natural features.

(b)  Size.

(1)  Signs shall not be erected which exceed one thousand two hundred (1,200) square feet in area, per facing, including border and trim, nor shall signs be erected which exceed twenty-five (25) feet in height nor sixty (60) feet in length, excluding apron, supports and other structural members.

(2)  The maximum size limitations shall apply to each sign facing.  Two signs not exceeding six hundred (600) square feet each may be erected in a facing, side by side or "doubledecked".  Back-to-back and/or V-type signs will be permitted, and shall be treated as one structure with one thousand two hundred (1,200) square feet permitted for each, if the sign structures or facings are physically contiguous, or connected by the same structure or cross bracing, or located not more than fifteen (15) feet apart at their nearest point nor more than thirty (30) feet apart at their widest point in the case of back-to-back or V-type signs.  However, nothing in this section shall be construed to allow tri-faced signs.

(c)  Spacing.

(1)  Signs shall conform to all applicable building codes and ordinances of the municipality, county or state, whichever has jurisdiction as set forth in Section 1272 of this title.

(2)  Signs shall not be erected or maintained in such a manner as to obscure or otherwise physically interfere with an official traffic sign, signal or device or to obstruct or physically interfere with the driver's view of approaching, merging or intersecting traffic.

(3)  Signs visible from a nonfreeway primary highway shall not be erected within the limits of an incorporated municipality less than one hundred (100) feet on the opposite side of the highway and three hundred (300) feet on the same side of the highway, and outside the limits of an incorporated municipality less than three hundred (300) feet, from another such sign, other than signs described in subsections (a), (b) and (c) of Section 1274 of this title, unless separated by a building or other obstruction in such a manner that only one display located within the minimum spacing distances set forth herein is visible from the highway at any one time; provided, however, that this shall not prevent the erection of double-faced, back-to-back, or V-type signs with a maximum of two signs per facing, as permitted by subsection (b) of this section.  Signs visible from interstate and freeway primary facilities shall not be erected less than one thousand (1,000) feet from another such sign, other than signs described in subsections (a), (b) and (c) of Section 1274 of this title.  Outside incorporated municipalities, signs visible from interstate and freeway primary facilities shall not be erected adjacent to or within five hundred (500) feet of an interchange, intersection at grade, or rest area, such distance to be measured along the interstate highway or freeway from the sign to the nearest point of the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.  Signs may not be located within five hundred (500) feet of any of the following which are adjacent to any interstate or federal-aid primary highway: public parks; public forests; playgrounds; or cemeteries.  Provided, however, the Transportation Commission shall promulgate rules pursuant to the Administrative Procedures Act governing the measurement methodology to be prospectively utilized by the Department when determining spacing between outdoor advertising signs, displays and devices and public parks, public forests, playgrounds and cemeteries.  Provided further, any measurement methodology heretofore utilized by the Department, including but not limited to the straight-line method, shall be accepted by the Department without prejudice.  Provided further, the Department shall be prohibited from altering a permit classification or revoking any outdoor advertising license, which was properly obtained at the time of issuance, based upon a change of internal agency policy, agency interpretation of law or promulgation of rules.  Provided further, a sign location that was permitted in compliance with the spacing requirements of this section in effect prior to the effective date of this act, but which does not comply with the spacing requirements of this section as amended after the effective date of this act, shall maintain its current legal status; provided it complies with all other permitting requirements as set forth by the Transportation Commission.

(4)  For the purpose of providing a method and opportunity to minimize the cost of acquiring legally erected outdoor advertising signs to be taken when the state purchases land under eminent domain, the Director of the Department of Transportation shall have the option to approve the issuance of permits for outdoor advertising signs visible from interstate and freeway primary facilities which are to be erected less than one thousand (1,000) feet from another such sign.  Permits issued pursuant to this option shall be only for the purpose of providing a relocation site for a sign being taken by the state, and in no case shall such permits allow an outdoor advertising sign to be erected less than the distance provided for in this title from another such sign.  Provided, when the Department issues a permit pursuant to this subsection to accommodate the relocation of a structure:

a. if the structure to be removed is visible from an interstate highway inside an incorporated area, the relocation site shall be inside the same incorporated area and shall be visible from an interstate highway,

b. if the structure to be removed is visible from a freeway primary highway inside an incorporated area, the relocation site shall be inside the same incorporated area and shall be visible from a freeway primary highway or an interstate highway,

c. if there are not suitable relocation sites meeting the provisions of subparagraph a of this paragraph and the structure to be removed is visible from an interstate highway inside an incorporated area, notwithstanding the provisions of subparagraph a of this paragraph, the Department may issue a permit for a relocation site outside of the incorporated area which shall be visible from an interstate highway, and

d. if there are no suitable relocation sites meeting the provisions of subparagraph b of this paragraph and the structure to be removed is visible from a freeway primary highway inside an incorporated area, notwithstanding the provisions of subparagraph b of this paragraph, the Department may issue a permit for a relocation site outside of the incorporated area which shall be visible from a freeway primary highway or an interstate highway.

Provided further, the square footage of display face on the relocated sign shall not exceed the square footage of display face of the taken sign.  The Transportation Commission shall have the authority to promulgate rules necessary to implement the use of the permit option provided for in this subsection and to request the cooperation of municipalities where local permits are required.

(5)  Notwithstanding any other provision of law, the Department of Transportation shall, after determining the need to acquire property upon which outdoor advertising structures are located, have the authority to negotiate directly with the owner of the outdoor advertising structure the terms for maintaining such structures in their current position or for the relocation of such structures.  Such negotiations may begin prior to the Department's initiation of formal condemnation proceedings and shall be completed within six (6) months or at the time of the court-appointed appraiser's report, whichever occurs first.  The owner of the outdoor advertising structure shall initiate such negotiations by written request to the Department, provided such request shall include proof of sole ownership of the structure.  Nothing in this section shall be construed to prevent the owner of the land from pursuing a claim of interest in any lease existing between the landowner and the outdoor advertising structure owner, or to prevent the outdoor advertising structure owner from pursuing a claim for fair market value of the owner's interest if negotiations with the Department for a lease or structure relocation arrangement are not successful.

(d)  Lighting.

(1)  Signs shall not be erected which contain, include, or are illuminated by any flashing, intermittent, revolving or moving light, except on-premise signs and those giving public service information such as, but not limited to, time, date, temperature, weather or news.  Steadily burning lights in configuration of letters or pictures are not prohibited.

(2)  Signs shall not be erected or maintained which are not effectively shielded to prevent beams or rays of light from being directed at any portion of the traveled way of any interstate or primary highway and are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle.

(3)  Signs shall not be erected or maintained which shall be so illuminated that they obscure any official traffic sign, device, or signal, or imitate or may be confused with any such official traffic sign, device or signal.

(4)  Provided, however, nothing in this section shall be construed to prohibit the erection or maintenance of signs which include the steady illumination of sign faces, panels or slats that rotate to different messages in a fixed position, commonly known as tri-vision faces or multiple message signs; provided, the rotation of one sign face to another is no more frequent than every eight (8) seconds and the actual rotation process is accomplished in four (4) seconds or less.

Added by Laws 1968, c. 191, § 5, emerg. eff. April 15, 1968.  Amended by Laws 1972, c. 240, § 3, emerg. eff. March 28, 1972; Laws 1990, c. 96, § 1, emerg. eff. April 18, 1990; Laws 1995, c. 178, § 1, eff. Nov. 1, 1995; Laws 1996, c. 230, § 1, emerg. eff. May 23, 1996; Laws 1999, c. 150, § 1, emerg. eff. May 3, 1999; Laws 2001, c. 179, § 1, eff. Nov. 1, 2001; Laws 2003, c. 335, § 1, eff. July 1, 2003.

§691276.  Agreements with Secretary of Transportation.

The Department on behalf of the state shall seek agreement to the provisions of Sections 4 and 5 of this act by the Secretary of Transportation on the basis of their being consistent with federal laws and customary usages and zoning principles and standards which hold and govern in this state.  In the event such an agreement cannot be achieved, this legislation shall be returned to the legislative bodies of the State of Oklahoma for remedial action and resubmission to the Secretary.  In the event such a new agreement cannot be achieved, the Department shall promptly institute proceedings of the kind provided for in Title 23 U.S.C.A. 131 (1) in order to obtain a judicial determination as to whether this chapter and the regulations promulgated thereunder provide effective control of outdoor advertising as set forth therein.  In such action the Department shall request that the court declared rights, status and other legal relations and declare whether the standards, criteria and definitions contained in the agreement proposed by the Department are consistent with customary use.  If such agreement is held by the court in a final judgment to be invalid in whole or in part as inconsistent with customary use or is otherwise in conflict with Title 23 U.S.C.A. 131, the Department shall promptly negotiate with the Secretary of Transportation, or his successor, a new agreement or agreements which shall conform to said statute as interpreted by the court in such action.

Laws 1968, c. 191, § 6, emerg. eff. April 15, 1968.  

§691277.  Licenses and permits - Fees - Revocation.

A.  The Transportation Commission is hereby authorized to enact and adopt rules and regulations for the issuance of licenses and permits and the charging and collection of permit fees for other than "onpremise" outdoor advertising structures as defined in this act.

B.  The Department of Transportation shall have the authority to revoke any permit issued under Sections 1271 through 1285 of this title if the permit holder for any reason is no longer making lease payments or other agreed-upon compensation to the landowner for use of the land where the sign is located.

Laws 1968, c. 191, § 7, emerg. eff. April 15, 1968; Laws 1972, c. 240, § 4, emerg. eff. March 28, 1972; Laws 1978, c. 199, § 4, emerg. eff. April 14, 1978; Laws 1994, c. 125, § 2, eff. Sept. 1, 1994.

§691278.  Signs becoming nonconforming  Removal  Exemptions.

(a)  If, after March 28, 1972, any lawfully erected outdoor advertising sign, display or device becomes nonconforming under the provisions of this act, such outdoor advertising sign, display or device shall not be required to be removed until five (5) years from the date upon which it became nonconforming.  Provided, however, that notwithstanding the provisions of this paragraph, any such outdoor advertising sign, display or device which was erected after July 1, 1975, and located in a control area beyond six hundred sixty (660) feet from the nearest edge of the rightofway, and which becomes nonconforming as a result of this act, is subject to removal upon the effective date hereof.  Provided, further, signs legally erected prior to July 1, 1975, in a control area beyond six hundred sixty (660) feet of the nearest edge of the rightofway of a controlled highway, which do not conform to the provisions of this act, shall not be required to be removed before July 1, 1980.

(b)  The requirements herein contained pertaining to the size, lighting or spacing of signs permitted in business areas shall apply only to those signs erected subsequent to the effective date of this act, except for those signs erected within six (6) months after the effective date of this act under a lease dated prior to said effective date and filed with the Department within thirty (30) days following the effective date of this act.

(c)  Directional signs, displays or devices lawfully erected prior to May 5, 1976, may be exempted from removal where the following conditions exist:

(1)  Said signs, displays or devices provide directional information to goods and services in the interest of the traveling public;

(2)  Said signs, displays or devices are located within a defined area with definite geographic boundaries and which functions as an economic unit;

(3)  The Department determines on the basis of an economic impact study that the removal of such signs, displays or devices would work a substantial economic hardship in such defined area;

(4)  The Department shall establish rules and regulations for the placement of new information signs for economic hardship areas;

(5)  The Department reviews its economic impact study periodically and finds that continued exemption remains warranted;

(6)  The United States Secretary of Transportation concurs in the Department's determination that exemption of said signs, displays or devices is warranted.

Providing further, that removal of nonconforming directional signs, displays and devices providing directional information about goods and services in the interest of the traveling public, not exempted from removal pursuant to the provisions of this subsection, shall be deferred until all other nonconforming signs have been removed from the federalaid primary and interstate systems in this state.

Amended by Laws 1988, c. 315, § 1, emerg. eff. July 6, 1988.  

§691279.  Compensation for signs and rights taken.

The Department is directed to acquire by purchase, gift or condemnation, and shall pay just compensation upon the removal of, the outdoor advertising signs, displays and devices specified in subsections (a), (b) and (c) of this section, when and insofar as their removal is required hereunder, as follows:

(a) Those lawfully in existence on the effective date of this act.

(b) Those lawfully adjacent to any highway made a part of the interstate or primary system on or after the effective date of this act.

(c) Those lawfully erected, which later become unlawful.

(d) Such compensation shall be paid as follows;

(1) For the taking from the owner thereof the outdoor advertising device.

(2) To the owner of the land on which the outdoor advertising device is located for the right to erect and maintain outdoor advertising thereon.

Laws 1968, c. 191, § 9, emerg. eff. April 15, 1968.  

§69-1280.  Acquisition of outdoor advertising and property rights by Department - Condemnation.

A.  Outdoor advertising and property rights pertaining thereto may be acquired by the Department of Transportation under agreement between the Department, the owner of the outdoor advertising and the owner of the land upon which the outdoor advertising is located if the outdoor advertising is lawfully in existence pursuant to Sections 1274 and 1275 of this title and located within areas prohibited to advertising by the Highway Advertising Control Act of 1968.  The compensation must be based on fair market value.

B.  Outdoor advertising is a trade fixture, and owners shall be awarded just and fair compensation for its taking.

C.  If the Department and the owners are unable to agree upon the amount of compensation to be paid by the Department, the Department may acquire by condemnation such outdoor advertising and property rights pertaining thereto.  This right of eminent domain or condemnation shall be exercised in the manner provided by law.

D.  Any outdoor advertising authorized under Sections 1274 and 1275 of this title which does not conform with standards set forth in Sections 1274 and 1275 of this title except as provided in Section 1278 of this title, and any outdoor advertising prohibited by law and not subject to compensation under other terms of this section shall be a public nuisance.  The Department shall give notice by certified mail to the owner of the sign and to the owner of the land upon which the outdoor advertising is located, ordering the notified owners to cause the outdoor advertising to conform with rules relating to outdoor advertising or to remove prohibited outdoor advertising.  If the owner of the sign or the landowner fails to act within ninety (90) days after mailing of the notice, the Department may, at its discretion, remove the outdoor advertising device.

E.  All persons or business entities engaged in the outdoor advertising business, which includes but is not limited to, the erection, maintenance and selling of advertising space on and along the interstate and federal-aid primary highways of this state, shall, not later than October 31, 1972, furnish the Director of the Department of Transportation a written inventory of all outdoor advertising signs, displays or devices erected and being maintained by the person or entity.  The inventory shall include, with respect to each such sign, not less than the following information:

1.  Location and dimensions of the sign;

2.  Distance from the nearest edge of the rightofway;

3.  Date erected; and

4.  Name and address of the owner of the property on which the sign is located.

F.  For failure to comply with the conditions set forth in subsection E of this section, the Department may declare such outdoor advertising signs, displays or devices to be a public nuisance and remove them in the manner provided by subsection D of this section.

G.  Regardless of any local ordinance requiring amortization, the compensation provided in subsections A through C of this section and subsections (a) through (d) of Section 1279 of this title shall be the exclusive remedy for taking such outdoor advertising and property rights pertaining thereto.  Such compensation shall also be required for the partial taking or diminishment of the value of such outdoor advertising and property right caused by any local ordinance which forces the owners of such outdoor advertising to downsize, reduce the height or width or otherwise alter legal nonconforming signs.

Added by Laws 1968, c. 191, § 10, emerg. eff. April 15, 1968.  Amended by Laws 1972, c. 240, § 6, emerg. eff. March 28, 1972; Laws 1979, c. 22, § 1; Laws 1980, c. 46, § 1 eff. Oct. 1, 1980; Laws 2001, c. 180, § 1, emerg. eff. May 2, 2001.

§691281.  Use of funds.

The Department is authorized to use any funds appropriated to it or received by it from the state road fund for matching federal funds or for other lawful purposes of this act.

Laws 1968, c. 191, § 11, emerg. eff. April 15, 1968.  

§691282.  Violations and penalties.

Any person, firm or corporation violating the provisions of this act shall, upon conviction, be deemed guilty of a misdemeanor, and each day of violation shall be considered a separate offense.

Laws 1968, c. 191, § 12, emerg. eff. April 15, 1968.  

§691283.  Federal funds.

The Department may accept any allotment of funds by the United States, or any agency thereof, appropriated to carry out the purposes of federal law.  The Department shall take such steps as may be necessary from time to time to obtain from the United States, or the appropriate agency thereof, funds allotted and appropriated, pursuant to said federal law, for the purpose of paying the federal share of the just compensation to be paid to sign owners and owners of real property under the terms of federal law and this act.  In the event federal funds are not available for assistance in carrying out the provisions of the federal law, the Department may defer the removal of nonconforming signs until such time as federal funds are made available for such purpose.

Laws 1968, c. 191, § 13, emerg. eff. April 15, 1968; Laws 1972, c. 240, § 7, emerg. eff. March 28, 1972.  

§691284.  Citation.

This act may be cited as the "Highway Advertising Control Act of 1972."

Laws 1968, c. 191, § 14, emerg. eff. April 15, 1968; Laws 1972, c. 240, § 8, emerg. eff. March 28, 1972.  

§69-1286.  Highway beautification - Repair, maintenance or change to nonconforming signs.

For the purpose of highway beautification, the Transportation Commission may adopt rules regarding the repair or maintenance of, or changes to, nonconforming advertising signs, displays or devices, as defined in Section 1278 of Title 69 of the Oklahoma Statutes, including the size, height, lighting, replacement, rebuilding, or re-erection of such structures.

Added by Laws 1998, c. 249, § 1, emerg. eff. May 26, 1998.

§69-1287.  Certain signs allowed adjacent to interstate highways.

In counties that do not have county planning or zoning, signs located outside of incorporated municipalities which advertise or give directions to local outdoor recreation areas may be allowed adjacent to interstate highways if such signs are otherwise in compliance with this section and approval is given by the Director of the Department of Transportation.

Added by Laws 2003, c. 335, § 2, eff. July 1, 2003.

§69-1288.  Severability of Section 1287.

If any portion of Section 2 of this act is found to be in violation of federal law, the remaining portion, to the extent possible, shall remain operative.

Added by Laws 2003, c. 335, § 3, eff. July 1, 2003.

§691301.  Application of article to state and certain cities and counties.

The provisions of this article, except those provisions authorizing the use of special assessments, shall extend to the State of Oklahoma through the Commission, and to every city in this state having a population of two thousand (2,000) or more, according to the last preceding Federal Decennial Census, whether such city is or shall hereafter be operating under a charter form of government or under general law.  The provisions of this article authorizing the use of special assessments shall extend to very county of the state having a population of fortytwo thousand (42,000) or more, in which there is located a city having a population in excess of twentyseven thousand (27,000) as shown by the last preceding Federal Decennial Census, and the provisions of this article authorizing the use of special assessments shall extend to every city in this state having a population in excess of twentyseven thousand (27,000) as shown by the last preceding Federal Decennial Census.

Laws 1968, c. 415, § 1301, operative July 1, 1968.  

§691302.  New and existing facilities  Grade crossing eliminations.

Each governing body shall have authority to designate and establish limited access facilities as new and additional highways, or may designate any existing street or highway as a limited access facility.  The governing body shall have authority to provide for the elimination of intersections at grade of limited access facilities with any highway, road, street, or alley now or hereafter existing, either by grade separation, or by closing off such other highway, road, street or alley, or by otherwise protecting such limited access facility.

Laws 1968, c. 415, § 1302, operative July 1, 1968.  

§691303.  Authority of governing bodies to cooperate.

Each governing body shall have authority to enter into agreements with any other governing body as herein defined, or with the federal government, or with the State of Oklahoma, respecting the financing, planning, establishment, improvement, maintenance or vacation of limited access facilities.

Laws 1968, c. 415, § 1303, operative July 1, 1968.  

§691304.  Cost of limited access facilities.

(a) The governing body of a city or the board of county commissioners of a county, to the extent that such governing body or board of county commissioners shall determine that any benefit results to any property served by the limited access facility, shall have authority to:

(1) Assess the amount of the benefits against such property so served or benefited by the limited access facility;

(2) Create street improvement districts to the extent of such benefits and assess against such property benefited that portion of the cost of acquisition and construction of such limited access facility in the manner provided by this article.

(b) In the event the governing body of the city or the board of county commissioners shall find that such limited access facility does not benefit the property served by it, or that the benefits to such property do not equal the cost of acquisition or construction, or both, of such limited access facility, the city or county may pay the cost of such limited access facility in its entirety, or the amount in excess of the benefits assessed as herein provided, out of the proceeds of bonds to be issued for such acquisition or construction, or both.

(c) The city or county shall have authority to submit to the voters thereof the question of whether or not the city or county shall become indebted for the acquisition or construction of the limited access facility, and any and all bond issues for such purposes are hereby authorized to the same extent and in the same manner and with such limitations as is authorized by the Constitution for the creation of a debt in excess of the income and revenue provided for the year.

Laws 1968, c. 415, § 1304, operative July 1, 1968.  

§691305.  Local benefits.

(a) When the governing body of a city or the board of county commissioners of a county deems that local benefits accrue to any property served by such proposed limited access facility, it shall by resolution determine the amount or percentage of cost thereof to be paid for by special assessment upon the benefited property, and by resolution shall require the city or county engineer, or consulting engineer, to prepare plans, profiles, specifications and estimates of the probable cost of the improvements, including acquisition, and also including such expenses and cost as may be necessary or essential to the completion of the limited access facility.  The estimate of cost shall be on a unit basis.

(b) The resolution shall also define the boundaries or extent of the district or lands to be specially assessed to pay all or that part of the cost so determined to be so assessed.  The district shall be defined by stating with particularity the exterior boundaries thereof, which in no event shall be in excess of two thousand six hundred forty (2640) feet from the center line of the proposed limited access facility, to be included in the assessment district, and which shall govern for all details as to the size and extent thereof.

(c) The engineer preparing the report shall appear at the hearing thereon and give all information to all interested parties and to the governing body of the city or the board of county commissioners. The determination by the governing body of the city or the board of county commissioners of the extent and area of the district shall be final and shall be binding for all purposes.

Laws 1968, c. 415, § 1305, operative July 1, 1968.  

§691306.  Engineering.

(a) The governing body of the city or the board of county commissioners shall have authority to contract for the services of consulting engineers to make the necessary surveys, plats, plans, profiles, specifications, estimates, furnish construction stakes and supervise construction at a cost not to exceed six percent (6%) of the total cost of construction, exclusive of acquisition, and shall provide for the payment of such engineering services as a part of the cost of the limited access facility.

(b) The engineers may also be employed to supervise and coordinate all nonconstruction work necessary to each project, such as advertising, printing, typing, appraising, assistance in the preparation of the appraisers' report, abstract work, all procedure, clerical work, acquisition of rightofway and all other work which is necessary or essential to the completing of such limited access facility.

(c) The city or county may cause the engineering and other work provided for herein to be performed by the city or county engineer and may cause the cost thereof to be included in the cost of that part of the work financed by special assessments, on the same basis as herein provided, for consulting engineers.

(d) The term "engineer" shall include the city engineer, county engineer, or the consulting engineer, as the case may be.

Laws 1968, c. 415, § 1306, operative July 1, 1968.  

§691307.  Necessity resolution.

(a) Upon the filing of such plans and estimates with the City or county clerk, the governing body of the city or the board of county commissioners shall examine the same and if found satisfactory shall, by resolution, adopt and approve the same.

(b) The resolution shall be published in six consecutive issues of a daily newspaper or two consecutive issues of a weekly newspaper published in the county and having a general circulation in the city.

(c) The resolution so published shall provide that if the owners of more than onehalf in area of the land liable to assessment shall not within fifteen (15) days after the last publication of the resolution file with the clerk of the city or county, as appropriate, their protest in writing against such improvement, then the city or the county shall have the power to cause the improvements to be made and to contract therefor and to levy benefit assessments under the provisions of this article for the payment of all or part of the cost thereof.

(d) If the improvement shall have been protested by the owners of more than fifty percent (50%) in area of the land, the governing body of the city or the board of county commissioners shall not advertise the same again for a period of six (6) months.

Laws 1968, c. 415, § 1307, operative July 1, 1968.  

§691308.  Action to contest.

The governing body of the city or the board of county commissioners shall promptly rule on the sufficiency of any such protest.  No action or suit to question the ruling on such sufficiency or to contest the action of the governing body or the Board in adopting and approving the plans, specifications or profiles shall be commenced later than fifteen (15) days after the ruling.

Laws 1968, c. 415, § 1308, operative July 1, 1968.  

§691309.  Acquisition.

To the extent that the governing body or board of county commissioners deems the acquisition of property necessary in the establishment of such limited access facility, the city or the county shall have full authority under the laws of eminent domain to acquire the real estate; provided, that to the extent that the cost of the acquisition shall be intended to be paid for by assessments in the manner provided for in this article, the city or county shall have authority to secure funds to the extent, and to the extent only, of the amount required for such acquisition by condemnation, in the manner provided in this article.

Laws 1968, c. 415, § 1309, operative July 1, 1968.  

§691310.  Resolution for ordering improvement.

(a) After the expiration of time for objection on the part of the property owners, or if insufficient protest is filed, the governing body of the city or the board of county commissioners shall adopt a resolution determining that no protest has been filed, or that such protest, if filed, was insufficient, and expressing the determination of the governing body or board to proceed with the acquisition or construction, or both, of the limited access facility.

(b) The resolution shall state that the facility will be acquired or constructed, or both, in accordance with the plans, profiles and specifications theretofore adopted therefor, and shall state the material to be used in the construction thereof.

(c) The resolution shall set forth any reasonable terms or conditions that the governing body or the board shall determine proper with reference to letting the contract and the provisions thereof and shall provide that the contractor shall furnish, from time to time thereafter, as required by the governing body or board of county commissioners, such funds, in cash, as are by the city or county needed in its condemnation proceedings in the acquisition of the necessary sites and rightsofway.

(d) The resolution shall provide that the contractor shall execute to the city or to the county good and sufficient bonds, in the amount to be stated in the resolution, for the faithful furnishing of such condemnation monies and also conditioned for the full and faithful execution of the work and the performance of the contract, and a further bond for the maintenance in good condition of such facility for a period of not less than five (5) years from the date of its completion.

(e) The resolution shall also require the execution of a good and sufficient bond to the State of Oklahoma conditioned on the payment of all labor and material used in the construction of the facility in the full amount of the contract price thereof.

(f) The resolution shall also direct the city or county clerk to advertise for sealed proposals for furnishing the materials and performing the work necessary in the construction of the facility. The notice for such proposals shall state the time and place where the same will be considered by the governing body or the board of county commissioners and shall be published in two consecutive Thursday issues of a daily newspaper or two consecutive issues of a weekly newspaper published in the county and of general circulation in the city or county.

Laws 1968, c. 415, § 1310, operative July 1, 1968.  

§691311.  Award of contract.

(a) At the time and place specified in the notice to contractors, the governing body or the board of county commissioners shall examine all bids received and, without unnecessary delay, award the contract to the lowest and best bidder, who will perform the work and furnish the materials which have been selected and perform all the conditions imposed by the governing body or the board, as prescribed in the resolution for work and the notice for proposals.

(b) The aggregate amount of the contract shall not exceed the aggregate estimate of cost submitted by the engineer for the improvement and, in the event of any excess in cost over the engineer's estimate, such excess shall be void and no assessments for such excess levied.

(c) In the event any acquisition of site is necessary, the award of the contract may be made before or after the time such eminent domain proceedings as may be required are completed.

(d) The governing body or board of county commissioners shall have the right to award a contract for all or a portion of such limited access facility, or to reject any or all bids, and to readvertise for such further bids as in its judgment are desirable.

Laws 1968, c. 415, § 1311, operative July 1, 1968.  

§691312.  Appeals to district court.

(a) From the action of the governing body or the board of county commissioners there shall be allowed an appeal to the district court by any person owning lands in the assessment area, upon filing a bond with sufficient penalty, not less than One Thousand Dollars ($1,000.00), with two or more sureties to be approved by the city or county clerk, as the case may be, conditioned that the appellant will prosecute his appeal without delay and pay all costs and damages that he may be adjudged to pay in the district court.

(b) The appeal shall be taken within ten (10) days after the order awarding the contract by serving a written notice on the city clerk or county clerk, as the case may be, which notice shall set out in detail, in numbered paragraphs, the grounds on which the appellant will rely on the appeal.  A copy of the notice, together with a certified transcript of the proceedings before the board, shall be immediately transmitted by the clerk to the clerk of the district court, who shall docket it as other cases and set the same for speedy trial.

(c) The remedy herein provided shall be exclusive.  No action or suit to question the jurisdiction of the governing body or board of county commissioners or their action in awarding the contract, or any part of their proceedings, shall be commenced and no appeal taken after the expiration of the tenday period herein provided.

Laws 1968, c. 415, § 1312, operative July 1, 1968.  

§691313.  Funds for acquisition.

(a) All monies required to be paid by the governing body of the board of county commissioners by reason of condemnation proceedings, and to the extent that the same are to be eventually paid by assessments levied in accordance with this article, shall be furnished by the contractor as from time to time needed in the progress of the condemnation proceedings.

(b) Upon the furnishing of any such sums there shall be delivered to the contractor by the governing body or the board of county commissioners an interim certificate, in the amount of the sum so furnished, naming the contractor as payee, dated of even date, and bearing six percent (6%) interest per annum.  The certificate shall provide that it is issued in accordance with the provisions of this article, and payable only in the manner herein provided.  The certificate shall be signed by the mayor or chairman of the governing body or board, as appropriate, and attested by the city or county clerk.  It shall be in all respects negotiable, and shall be conclusive evidence of the fact that the sums were so furnished by the payee for the purpose aforesaid.

(c) If through default or failure of the city or county to complete the acquisition of the necessary property or shall fail to complete the limited access facility, the owner or holder of the certificate shall then, and in that event only, be entitled to personal judgment against the city or county so issuing the certificate, which judgment may be collected as provided by law.

Laws 1968, c. 415, § 1313, operative July 1, 1968.  

§691314.  Railroads and street railways to pave  Warning signals.

(a) When a railroad or railway shall occupy any portion of a limited access facility with its tracks, either running in a general direction thereto or otherwise, the governing body or the board of county commissioners or the Commission may require such railroad or railway company to pave so much of the facility as may be occupied by its track or tracks and three (3) feet on each side, and when more than one track crosses within a distance of (one hundred) 100 feet, measuring from inside rail to inside rail, the company shall grade, gutter, drain, curb, pave or otherwise improve between its tracks in the same manner as the facility itself.

(b) The Corporation Commission of the State of Oklahoma may require warning signals at grade crossings at intersections of railroad and limited access facilities and may require grade separations at intersections of railroads and limited access facilities.  The determination of whether such warning signals and grade separations shall be required, the location thereof, the type thereof, and the distribution of the cost thereof shall be determined by the Corporation Commission in accordance with the provisions of 17 O.S.1961, Sections 81 to 84, inclusive.

Laws 1968, c. 415, § 1314, operative July 1, 1968.  

§691315.  Appointment of appraisers.

(a) After the work covered by the contract has been completed, the engineer shall prepare and file with the city or county clerk a final, complete and accurate statement of the cost of the work covered by the contract.  Such statement shall cover the engineering, appraising, advertising, and the expenses incurred, or to be incurred, by the city or county incident thereto, but shall exclude the cost of acquisition.  The engineer shall file at the same time a statement of the portion thereof previously determined by the governing body or the board of county commissioners to be assessed.  Upon the filing of the statements by the engineer, the governing body of the city or the board of county commissioners shall adopt and confirm the same if found to be correct.

(b) The engineer's report shall also include a proposed schedule of estimated assessments proposed to be made against each lot, tract and parcel of land included in the district.  The governing body or the board shall, by resolution, appoint commissioners to appraise and apportion for the benefits of the several lots or tracts of land, exclusive of streets and alleys, located within the assessment district.  The commissioners shall consist of three disinterested freeholders of the city or county, not owners of any of the property to be assessed.  Such commissioners shall be paid not to exceed Ten Dollars ($10.00) for each day while actually employed in such service.  The act of a majority of the commissioners shall have like force and effect as the act of all.

Laws 1968, c. 415, § 1315, operative July 1, 1968.  

§691316.  Report.

(a) Within five (5) days after being notified of their appointment, the commissioners shall proceed to appraise and apportion the benefits to such lots and tracts of land, exclusive of streets and alleys, as are located within the assessment district, after having taken an oath to make a full and impartial apportionment.  Any error in the description of a lot, parcel or tract of land liable for assessment shall not invalidate such assessment or lien thereof.

(b) The commissioners shall use as a guide the estimated assessments theretofore prepared by the engineer, but the estimates shall not be binding upon the commissioners.

(c) The commissioners shall have full and complete authority to vary the total assessment as between the various tracts, pieces and parcels of land, depending upon their nearness or remoteness to the facility, and nearness or remoteness to points of access to the limited access facility and any other factors that to the commissioners may appear as resulting in greater benefit to one such tract or parcel of ground than another.

(d) A written report of such apportionment shall be returned and filed with the city or county clerk, within fifteen (15) days from the date of the notice to them of their appointment.

Laws 1968, c. 415, § 1316, operative July 1, 1968.  

§691317.  Hearing objections.

When the report shall have been so returned, the governing body of the city or board of county commissioners shall appoint a time for holding a session to hear any complaints or objections that may be made concerning the apportionment.  Notice of such hearing shall be published by the city or county clerk in five consecutive issues of a daily newspaper or in two consecutive issues of a weekly newspaper published in the county and in general circulation in the city or county.  The time fixed for the hearing shall be not less than five (5) days nor more than fifteen (15) days from the date of the last publication.

Laws 1968, c. 415, § 1317, operative July 1, 1968.  

§691318.  Correction of apportionment.

The governing body of the city or the board of county commissioners at such session, or at any adjournment thereof, shall have the power to review, modify or correct the appraisement and apportionment, and to raise or lower the same as to any lots or parcels of land, as it shall deem just, and shall, by resolution, confirm the same as so revised and corrected.  At such session any party interested may file objections in writing against the validity or amount of any proposed assessment and shall have full opportunity to be heard thereon; and any objections to the regularity of the proceedings with reference to the construction of the improvements or the validity or the amount of the assessment shall be waived unless presented at the time and in the manner herein specified.

Laws 1968, c. 415, § 1318, operative July 1, 1968.  

§691319.  Public property.

Any property which shall be owned by the city or county, or a school district, shall be treated and considered the same as the property of other owners, and such city, county, or school district within such district to be assessed shall annually provide by the levy of taxes in sufficient sum to pay the maturing assessment and interest thereon, until paid.

Laws 1968, c. 415, § 1319, operative July 1, 1968.  

§691320.  Manner of assessments.

Assessments in conformity to the appraisement and apportionment as corrected and confirmed by the governing body of the city or the board of county commissioners shall be payable, in cash, in ten equal installments, and shall bear interest at a rate not to exceed seven percent (7%) per annum until paid, payable in each year at such time as the several installments are made payable.  The governing body of the city or the board of county commissioners shall by ordinance or resolution levy assessments in accordance with the appraisement and apportionment, as so confirmed, against the various tracts, pieces and parcels of land liable therefor, exclusive of streets and alleys.  The ordinance or resolution shall provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments without interest at any time within thirty (30) days from the date of the first publication of the ordinance or resolution.

Laws 1968, c. 415, § 1320, operative July 1, 1968.  

§691321.  Assessments for cost of acquisition.

(a) In the event condemnation proceedings have been instituted in connection with the construction of such limited access facility and interim certificates have been issued by the governing body or board of county commissioners in accordance with this article, at such time as all the proceedings become final and it may thus be determined with definiteness the exact amount of money so advanced by the contractor for that purpose, the governing body or the board of county commissioners shall, by resolution, determine the exact sum, together with accrued interest, due to the owners and holders of the outstanding certificates, and shall appoint a time for holding a session to apportion such total sum, and to hear objections thereto.

(b) Notice of such hearing shall be published by the city or county clerk in five consecutive issues of a daily newspaper or in two consecutive issues of a weekly newspaper published in the county and in general circulation in the city or county.  The time fixed for hearing shall not be less than five (5) days nor more than fifteen (15) days from the date of the last publication.

(c) At the time and place specified in such notice the governing body or the board of county commissioners shall apportion the amount among the tracts, pieces and parcels of land in exact ratio and pro rata to the apportionments theretofore made in accordance with this article for the cost of construction; and objections and complaints shall be limited to whether or not such apportionments are, or are not, in strict ratio or in identical proportions to such previous assessment.

(d) The apportionments shall be levied by ordinance or resolution, which shall provide that the owners of the property so assessed shall have the privilege of paying the amounts of their respective assessments without interest at any time within thirty (30) days from the date of the first publication of the ordinance or resolution.

Laws 1968, c. 415, § 1321, operative July 1, 1968.  

§691322.  Assessments  How payable.

(a) All special assessments made under the provisions of this article and each installment and interest thereon are hereby declared to be a lien against the lots, tracts and pieces of land so assessed from the date of the publication of the ordinances or the adoption of the resolution levying the same, coequal with the lien of other taxes and prior and superior to all other liens, and such lien shall continue until the same shall be fully paid, but unmatured installments shall not be deemed to be within the terms of any general covenant or warranty.

(b) As soon as each or either of the assessing ordinances or resolutions is adopted, the city or county clerk shall prepare a book which shall be known as the "limited access assessment record", in which shall be entered the description of each lot, tract or parcel of land with a blank space for entering the amount of assessment and suitable columns for entering each installment thereof and date regarding the payments thereon.

(c) With respect to assessments made by the board of county commissioners, within fifteen (15) days after the adoption of the assessing resolution a full and complete copy thereof, together with the "limited access assessment record", shall be certified by the county clerk to the county treasurer and shall thereafter be a permanent record of his office and all collections thereunder shall be made and disbursed by the county treasurer.

Laws 1968, c. 415, § 1322, operative July 1, 1968.  

§691323.  Assessments  When payable.

(a) The first installment of such assessment, together with interest upon the whole assessment from the date of the passage of the assessing ordinance or resolution to the first of the next September, shall be due and payable on or before the 1st day of September, next succeeding the passage of the ordinance or resolution; provided, that if such assessing ordinance or resolution is not passed prior to the 1st day of July, the first installment of the assessment shall be due and payable with interest from the date of passage to the 1st day of September of the following year.

(b) In case any installment or interest is not paid when due, the unpaid installment and the unpaid interest thereon shall draw interest at the rate of twelve percent (12%) per annum from maturity until paid, except as hereinafter otherwise provided.

(c) With respect to assessments levied by any city, such assessments and interest whether collected by the city or the county treasurer shall be paid to the city treasurer, who shall keep the same in a separate special fund for the purpose of paying the bonds and interest coupons thereon issued against such assessments.

(d) With respect to assessments levied by any board of county commissioners, the same shall be collected by the county treasurer who shall keep the same in a separate special fund and shall disburse the same in the payment of bonds and interest coupons thereon issued against such assessments.

(e) After the payment of all bonds and interest thereon, any surplus remaining in the fund shall be used by the city or the board of county commissioners for the purpose of repairing or maintaining the limited access facility and for no other purpose whatsoever.

Laws 1968, c. 415, § 1323, operative July 1, 1968.  

§691324.  Bonds of issue.

(a) The governing body of the city or the board of county commissioners after the expiration of thirty (30) days from the publication of the assessing ordinance or resolution, within which period the whole of any assessment may be paid without interest, shall provide by resolution for the issuance of bonds in the aggregate amount of such assessments then remaining unpaid bearing date of thirty (30) days after the publication of the ordinance or resolution levying the assessments, and of such denominations as the governing body of the city or board of county commissioners and the contractor shall determine.  The bonds shall in no event become a liability of the city or county issuing them.

(b) The bonds shall be payable on or before October 1 next succeeding the September 1 on which the last installment of assessments shall mature, with interest at a rate not to exceed the maximum rate provided by Section 498.1 of Title 62 of the Oklahoma Statutes, payable October 1 next succeeding the due date of the first installment of assessments, and semiannually thereafter, until maturity, and ten percent (10%) per annum after maturity.

(c) The bonds shall be designated as "limited access facility bonds" and shall recite:

(1) The facility or other public places for the improvement of which they have been issued; and

(2) That they are payable from the assessments which have been levied upon the lots and tracts of land benefited by such improvement and from the accumulation of the interest and penalty provided for herein.

(d) The bonds shall be signed by the mayor of the city or the chairman of the board of county commissioners and shall be attested by the city or county clerk, and shall have an impression of the corporate seal of the city or of the county clerk thereon.

(e) The bonds and interest or coupons shall be payable at such place, either within or without the State of Oklahoma, as shall be designated thereon.

(f) Such bonds shall be registered by the clerk and treasurer or appointed agent of the city or county in a book to be provided for that purpose or as otherwise provided by Section 4 of the Registered Public Obligations Act of Oklahoma.  Each bond shall bear a certificate of the registration.  Upon the books or records of such clerk and treasurer or appointed agent shall be noted the name of the holder thereof and his address, and any subsequent holder.

(g) The city or county shall have the right to call in and pay such bonds or any number thereof in the following manner:  Whenever there shall be sufficient funds in the hands of the city or county treasurer after the payment of all interest due and to become due within the next six (6) months, such treasurer shall on March 1 or September 1 of any year give notice by registered mail addressed to the lastregistered holder of the bonds called, at the address appearing upon the registry, that there has accumulated funds sufficient to pay the designated bonds, and interest thereon to a date thirty (30) days hence from the date of such notice, and directing the presentation of such bond or bonds for payment and cancellation, and the bond or bonds will cease to bear interest after expiration of the thirty (30) days, and upon the payment and cancellation of the bond or bonds, proper entry thereof shall be made upon the books.  It shall be the duty of such city or county treasurer, upon the accumulation of sufficient funds as herein provided to pay one or more bonds, to so call and pay such bond or bonds, and, in the event of failure so to do, he shall be liable for all such damages as may result therefrom, and the provisions hereof may be enforced by appropriate proceedings in mandamus against such treasurer.

Amended by Laws 1983, c. 170, § 59, eff. July 1, 1983.  

§691325.  Delivery of bonds.

The bonds in the amount that may be necessary for such purpose shall be turned over and delivered to the contractor in payment of the amount due and payment of the cost of construction in accordance with the terms of his contract, including advertising, engineering and appraising costs.  Bonds shall be issued to retire such interim certificates together with accrued interest thereon to the date of the bonds in the amount necessary for such purpose and shall be turned over and delivered to the owners or holders of such certificates in full payment and satisfaction thereof.

Laws 1968, c. 415, § 1325, operative July 1, 1968.  

§691326.  Collection of assessments.

(a) The assessments provided for and levied under the provisions of this article shall be payable in cash as the several installments become due, together with the interest thereon, to the clerk of such city or the county treasurer, as appropriate, who shall give proper receipts for such payments and credit the same upon the "limited access assessment record."

(b) The city clerk shall be required to execute a good and sufficient bond, with sureties, in an amount to be approved by the governing body, payable to the city, conditioned for the faithful performance of the duties enjoined upon him by this article as collector of the assessments.

(c) It shall be the duty of the city clerk to keep an accurate account of all such collections made by him and to pay to the city treasurer daily the amounts of the assessments collected by him. The amounts so collected and paid to the city treasurer shall constitute a separate special fund to be used and applied to the payment of such bonds and the interest thereon, as herein provided.

(d) It shall be the duty of the city clerk promptly after the date of maturity of such installment or interest and on or before the fifteenth day of September in each year to certify the installment and interest then due to the county treasurer of the county in which the city is located.  All installments, together with interest, so certified to the county treasurer and all installments, together with interest, of all assessments levied by the board of county commissioners shall be by the county treasurer placed upon the November delinquent tax list of the same year prepared by the treasurer of such county, and collected as other delinquent taxes are collected.

(e) It shall be the duty of the county treasurer to collect such installments of assessment, together with interest and penalty, as herein provided, but any taxpayer shall have the right to pay his ad valorem taxes to the county treasurer regardless of the delinquency of such assessments; and within thirty (30) days from the receipt of such delinquent assessments, interest and penalty, so certified to the city and so collected by the county treasurer, the same shall be paid by the county treasurer to the city treasurer for disbursement in accordance with the provisions of this article. Upon the receipt of installments, together with interest or penalty, or both, of those assessments levied by the board of county commissioners the county treasurer shall retain the same in a special fund for disbursement in accordance with the provisions of this article.

Laws 1968, c. 415, § 1326, operative July 1, 1968. d

§691327.  Enforcement of assessment.

(a) The holder of any improvement bond issued under the provisions of this article shall have the right to institute, in the name of the city or county issuing such bond, an action in the district court of the county in which such property is located to foreclose the lien of such assessment whenever the assessment or any installment thereof is delinquent at least for a period of twelve (12) months.  Such petition shall state generally the ownership of the bond, describe the property assessed, the nature of the improvement, the amount of the unpaid delinquent assessment and penalty thereon at the rate of twelve percent (12%) per annum, and shall pray for the foreclosure of the lien.

(b) Summons shall be issued on such petition as in other civil actions and the cause tried by the district court.  Judgment may be entered thereon for the amount of such unpaid assessment or installment, together with interest thereon at the rate of twelve percent (12%) per annum from the date the assessment or installment was due and payable up to the time of the institution of such action and for the sum of six percent (6%) interest on the judgment from the time of the institution of the action until the judgment is paid.

(c) In the event the judgment, together with interest and costs, is not paid within six (6) months after the date of the rendition thereof, an order of sale shall issue by the clerk of the court, directed to the sheriff of the county, to sell the real estate in manner and form as in case of sale of real estate under execution. The judgment shall carry the costs of the action, together with the costs of the sale; and upon the payment of the judgment, the amount thereof exclusive of such costs shall be paid to the city or county treasurer, as appropriate, and become a part of the separate, special fund to pay such outstanding bonds and interest thereon.  The judgment shall provide for the sale of the real estate subject to existing general or ad valorem taxes and assessments.  All owners or incumbrancers shall be made parties defendant in the suit.  Upon the institution of an action to collect delinquent and unpaid assessments in any district against property liable therefor, no other or further action shall be instituted and maintained to collect such delinquent assessment against the property for the year.  No statute of limitation shall commence to run until one (1) year after the maturity of the last installment of the assessment.

Laws 1968, c. 415, § 1327, operative July 1, 1968.  

§691328.  Setting aside assessments  Limitations.

(a) No suit shall be sustained to set aside any assessment or to enjoin the governing body of any city or the board of county commissioners from levying or collecting any such assessment or installment thereof or interest or penalty thereon, or issuing the bonds, or providing for their payment or contesting the validity thereof on any ground, or for any reason, other than for failure of such governing body or such board to adopt and publish the resolution declaring the necessity for the improvements and publication thereof, and to give notice of the hearing on the return of the appraisers unless the suit shall be commenced not more than fifteen (15) days after the date of the last publication of the ordinance levying assessments.

(b) No suit shall be sustained after the work has been completed and accepted by the city or county except for failure to give such notice of the preliminary resolution of necessity or failure to give the notice of the hearing on such return of the appraisers.

(c) However, in the event any special assessment shall be found to be invalid or insufficient in whole or in part, for any reason whatever, the governing body or board of county commissioners may at any time in such manner provided for levying an original assessment proceed to cause a new assessment to be made and levied, which shall have like force and effect as an original assessment.

Laws 1968, c. 415, § 1328, operative July 1, 1968.  

§691329.  Accepting improvements.

Upon the completion of the improvement, the governing body of the city or the board of county commissioners shall determine whether or not such work has been completed in accordance with the plans, profiles, specifications and contract therefor, and if found to be in compliance therewith, shall accept the same; and when it is so accepted, such action shall be conclusively binding upon all persons interested and upon the Court.

Laws 1968, c. 415, § 1329, operative July 1, 1968.  

§691330.  Payment of cost of acquiring rightofway.

Any county or city shall have authority to pay all or any part of the cost of acquiring all or any part of any rightofway necessary for the establishment of any such "limited access facilities" out of general funds or the proceeds of bonds voted for such purpose, whether such rightofway is within or without the corporate limits of any such city; provided such limited access facility or part thereof shall have been previously designated by the board of county commissioners and the county planning commission of such county, or by the governing body of the city and the city planning commission of the city, as the case may be, or by all the same, as a necessary part of a comprehensive plan for a system of streets or highways for the adequate movement of traffic in, out, through or around such county or city.

Laws 1969, c. 415, § 1330, operative July 1, 1968.  

§691331.  Powers of state and governing bodies.

Within their respective jurisdictions, the State of Oklahoma through the Commission, and the governing body of every city within the provisions of this article, and the board of county commissioners of each county, acting alone, or in cooperation with any federal, state, county or city agency having authority to participate in the construction or maintenance of highways, shall have authority to plan, designate, establish, regulate, vacate, alter, improve, maintain and provide limited access facilities; and may designate the whole or any part or parts thereof as parkways, or as heavy traffic highways, or may otherwise limit or specify the type of traffic entitled to use the same.  For the purposes of this article, each city within the provisions of this article, and every county within the state, shall have authority to acquire property and rightsofway for limited access facilities by gift, devise, purchase or condemnation in the same manner as may be authorized by law for the acquisition of such property or property rights for highways and streets within their respective jurisdictions.  The decision by any such governing body that any such limited access facility constructed, or to be constructed, is a public utility shall be final and conclusive.

Laws 1968, c. 415, § 1331, operative July 1, 1968.  

§69-1401.  Use of highways, rights-of-way and easements by public utility or cable television system - Consent, terms and conditions - Definitions.

A.  Any public utility, or cable television system, not otherwise authorized to do so, lawfully operating or doing business in the State of Oklahoma shall have the right to use the public roads and highways of this state, including the rightofway and all easements pertaining thereto, as provided for in this section.

B.  The use of the public roads and highways by such public utility or cable television system shall be for the purpose of erecting poles and posts, attaching equipment, wires and fixtures thereto and laying pipes and conduits under the surface thereof.  All poles, wires, fixtures, pipes and conduits shall be erected, placed, adjusted or laid and maintained only after obtaining the consent pursuant to rules promulgated by the Department of Transportation as to the state highway system, and the boards of county commissioners of the various counties as to roads and highways under their jurisdiction.  Provided, however, in the event a utility or cable television system which has facilities located on private easements is included within the public right-of-way as a result of construction, reconstruction, improvement or other modification, it shall be granted prior rights, as defined below.  Such utility or cable television system, which complies with the Underground Damage Prevention Act shall not be liable for damages to any other utility, which locates facilities within the area encompassed, to the extent practicable without interfering with or endangering the public in the use of its roads and highways, by the private easements of the public utility or cable television system included within the public right-of-way, as a result of the operation, maintenance or repair of such utility's or cable television system's facilities.  The term "prior rights" as used in this section refers to a situation involving a utility company that was located on private easements which are later encompassed by the state's right-of-way.  When a utility company is in private easements which are acquired or encompassed by the right-of-way of the Department, it is given a choice of relocating their conflicting facilities into a public right-of-way or acquiring a new private easement and relocating onto it.  Either of said relocations shall be at the expense of the Department.  Whenever a utility company relocates into a public right-of-way, the utility company shall have prior rights.  If a subsequent relocation is required by the Department, the utility company shall be given a choice to relocate onto public easements or to relocate into a private right-of-way, and both will be at the expense of the Department.  The utility shall have prior rights for any subsequent relocation requested by the Department.  If a public utility or cable television system elects to relocate its facilities to a newly acquired private right-of-way, the utility shall forfeit all rights and claims in its easements to the extent such easements are now contained in the public right-of-way as a result of construction, reconstruction, improvement, or other modification.  Nothing in this section shall be construed to grant the right to use the streets or other places of any municipality of this state without the consent of the municipality.  Provided, further, that the boards of county commissioners may grant to any citizen the right to lay pipes and conduits under the surface of any road or highway under their jurisdiction, subject to such rules, regulations and conditions as shall be prescribed by the board of county commissioners.  Nothing in this section shall be construed to limit any rights granted by other provisions of law.  All poles, wires, posts, conduits and equipment shall be erected, placed, adjusted, laid, constructed and maintained so as not to inconvenience or endanger the public in the use of its roads and highways and shall conform to all applicable provisions of the National Electrical Safety Code approved by the American National Standards Institute, in effect at the time of such erection, placement, adjustment, or construction.

Public utilities or cable television systems shall completely repair or replace any damage, injury or other change to public roads or highways or rights-of-way of this state or any county or municipality which would inconvenience or endanger the public which are caused by the erection, placement, adjustment, construction or maintenance of any public utility or cable television system poles, wires, posts, conduits or other equipment.  Nothing in this act shall be interpreted to impair the right of recovery against any third party for such damage or injury.

C.  The failure of any public utility or cable television system to construct or maintain its poles, wires, conduits, pipe lines and equipment upon or under such public highways in full compliance with the rules promulgated by the Department of Transportation or the board of county commissioners, including placement of its poles, wires, conduits, pipe lines and equipment, shall forfeit the right of the utility or cable television system to use the public highway or highways, and the utility or cable television system may thereupon be ousted from the use of the highway.

D.  "Public utility" and "cable television systems" as used in this section and in Sections 1402 and 1403 of this title shall be defined as a person, corporation, association, limited liability company or partnership, company, or any other form of entity organized and existing or domesticated under the laws of this state, and whose users lie within the State of Oklahoma.  Such terms as used in this section and Sections 1402 and 1403 of this title specifically shall not apply to persons, corporations, associations, limited liability companies or partnerships, companies, or any other form of entity which obtains status through the Corporation Commission as a public utility, but whose end users are not within the State of Oklahoma.

Added by Laws 1968, c. 415, § 1401, operative July 1, 1968.  Amended by Laws 1980, c. 121, § 1; Laws 1985, c. 274, § 1, emerg. eff. July 18, 1985; Laws 2004, c. 137, § 1, emerg. eff. April 20, 2004.

§69-1402.  Interference with public use by public utilities forbidden.

The rights granted pursuant to this act shall not be exercised as to interfere with the free and ordinary use of public highways or the exercise of the rights of other public utilities lawfully located on the highways.  The Corporation Commission shall have authority to hear and determine all complaints and controversies involving any interference with public rights, or the right of other public service concerns in connection with the exercise of the rights and authority granted to public utilities, pursuant to this act and fix reasonable terms and conditions to be complied with by the respective parties.  Proceedings on complaints pursuant to this act shall be upon notice and subject to the right of appeal as in other cases where notice and right of appeal is granted under the laws of this state and the Department of Transportation shall be given notice of any complaint filed or hearing set, and shall have the right to appear on all related issues.

Added by Laws 1968, c. 415, § 1402, operative July 1, 1968.  Amended by Laws 2004, c. 137, § 2, emerg. eff. April 20, 2004.

§69-1403.  Public utilities on state highways - Location and removal.

A.  The location and removal of all telephone, telegraph, electric light and power transmission lines, poles, wires and conduits, water, sewers and all pipelines erected, constructed or in place upon, across or under any state highway shall be under the control and supervision of the Department of Transportation; and the location and removal of any facility placed under rights granted hereunder on county highways shall be under the jurisdiction of the particular board of county commissioners involved insofar as same affects the public travel or interferes with the construction and maintenance of such highway.

B.  Whenever the authority having jurisdiction over a particular highway plans an improvement or construction or reconstruction of the highway, and before the work is started, it shall serve a written notice upon the person, firm or corporation owning or maintaining any such facility, which notice shall contain a plan or chart indicating the places on the rightofway where the facilities may be maintained.  The notice shall state the time when the work of improving the highway is proposed to commence, and a reasonable time shall be allowed to the owner of the facility to remove and relocate its property.  The effect of any change ordered by the public authority shall not be to exclude the facilities from the rightofway of highways.

C.  The removal and relocation of all the facilities located within the public right-of-way prior to the planned improvement, construction or reconstruction shall be made at the cost and expense of the owners, unless otherwise provided by law or order of the Department of Transportation, and in the event of the failure of such owners to remove the same at the time set out in the notice, they may be removed by the public authority and the cost of the removal collected from the owners, and the authority shall not be liable in any way to any person for the locating or relocating of the facilities at the places prescribed.  Any corporation or association, or the officers or agents of such corporation or association, or any other person who shall erect or maintain any such lines, poles, wires, conduits, pipelines, equipment or other facilities within the rightofway of such highways in a manner not in complete accordance with the orders of the respective public authority shall be deemed guilty of a misdemeanor.

D.  The Department of Transportation may promulgate such rules as it may deem necessary for the planting of trees and shrubbery and parking along such state highways.

E.  Rural water districts, nonprofit water corporations, and municipal public water systems in municipalities with a population of ten thousand (10,000) or less, according to the latest Federal Decennial Census, or their beneficial trusts shall be exempt from the payment of the costs and expenses for the removal and relocation of water and sewer pipelines and all such facilities constructed or in place in the public right-of-way when the removal and relocation of such facilities is necessary for the improvement, construction or reconstruction of any road or highway which is part of the state highway system or turnpike project as defined in subsection A of Section 501 and Section 1705 of this title.  Any costs and expenses, including any unpaid on July 1, 1990, shall be paid by the public authority having jurisdiction over the particular road or highway.

Added by Laws 1968, c. 415, § 1403, operative July 1, 1968.  Amended by Laws 1990, c. 137, § 1, operative July 1, 1990; Laws 2004, c. 137, § 3, emerg. eff. April 20, 2004.

§691501.  State Highway Construction and Maintenance Fund.

(a) All monies received by taxation or otherwise for use on the state highways of this state shall, unless otherwise provided by law, be placed in the State Treasury in a fund to be known as the State Highway Construction and Maintenance Fund.

(b) All monies remaining in the State Highway Construction and Maintenance Fund created by 69 O.S.1961, Section 44(d), when this Code becomes effective, and all other assets thereof, and all taxes, revenue and other funds payable to or required to be deposited in such Fund under the provisions of other laws when this Code becomes effective, shall be transferred to, be deposited in and be a part of the State Highway Construction and Maintenance Fund created by this section; and the latter fund shall be liable for the payment of all outstanding obligations existing against the former fund.

Laws 1968, c. 415, § 1501, operative July 1, 1968.  

§69-1501.1.  State Transportation Fund.

A.  There is hereby created in the State Treasury a fund to be designated as the "State Transportation Fund".  The fund shall be subject to legislative appropriation and shall consist of revenues apportioned to such fund by provisions of the Oklahoma Statutes imposing taxes upon various motor fuels and of such other revenues as may be provided by law.

B.  The State Transportation Fund shall be used for appropriations for the construction, repair and maintenance of state highways; for other transportation systems; and for such other transportation purposes as the Legislature may authorize.

Added by Laws 1989, 1st Ex.Sess., c. 1, § 5, eff. July 1, 1990.

§691502.  Authorized expenditures of funds and money.

All funds appropriated to the Department of Transportation and all funds credited to the State Highway Construction and Maintenance Fund and all funds received from the United States Government under contracts with the Federal Highway Administration are to be used and expended by the Department to pay: Legal obligations in the operation of the Department and the Commission, and in the construction and maintenance of roads and highways; the expenses of operating and maintaining the state highway system; expenses incurred in constructing, repairing, and maintaining state highways, farmtomarket roads and county highways as authorized by law; matching federal funds for the annual Federal Highway Administration allocation to the Center for Local Government Technology at Oklahoma State University for the Federal Highway Administration Rural Technical Assistance Program, up to seventyfive percent (75%) of the amount of funding the state is required to provide; necessary and convenient items not specifically mentioned herein; salaries, wages, and lawful expenses of the members of the Commission, the Director, the Departmental employees, the attorneys and other professional help of the Department; for the purchase of office supplies, furniture, fixtures, and equipment; for the construction, maintenance, and repair of needed warehouses, garages, division headquarters, and other needed buildings; for premiums on bonds, workers' compensation insurance, public liability and property damage insurance; for the purchase of materials, tools, machinery, motor vehicles, and equipment necessary or convenient in the operation of the Department and construction and maintenance of roads and highways; for witnesses' fees, sheriffs' mileage, and publication cost in actions to appropriate rightofway, land or materials needed in the construction or maintenance of roads and highways; any expenses which may be necessary or convenient in constructing and maintaining roads and highways and in accomplishing the purposes for which the Commission and the Department were created; for the acquisition by purchase of rightofway and land and relocation assistance to persons displaced as a result of such acquisition; as shall be provided by commission regulations which shall not exceed in amount similar assistance provided by federal law and regulations, provided further that (1) all payments received by persons displaced by reason of this act are not to be considered as income for state income tax purposes; (2) nothing in this act shall be construed as creating in any condemnation proceeding brought under the power of eminent domain, any element of value or damage not in existence immediately prior to the date of enactment of this act; (3) all final determinations made by the Commission as to a person's eligibility for, or the amount of any benefit payable by reason of this act, shall be determinative and not subject to judicial review; any final judgment rendered by a court of competent jurisdiction in eminent domain proceedings for the taking or damaging of real or personal property for which the state is liable; for the expense of audit as provided by law and for the satisfaction of any and all lawful claims or demands of whatsoever kind or character arising out of contracts with or judgments rendered against the Commission or the State of Oklahoma as a result of the construction and maintenance of roads and highways; and other expenses authorized by law.

Amended by Laws 1988, c. 289, § 17, operative July 1, 1988; Laws 1989, 1st Ex.Sess., c. 1, § 18, eff. July 1, 1990.

§691502.1.  Death traps on highways  Expenditures to eliminate.

From and after the effective date of this act, the Oklahoma Highway Commission shall expend a sum not less than One Million Dollars ($1,000,000.00) each fiscal year, exclusive of the highway maintenance fund, for the projects designed for widening, resurfacing and eliminating death traps on the roads and highways of Oklahoma. "Death traps", as used in this act, shall mean those conditions of the roads and highways of this state so impaired or hazardous as to constitute a threat to the safety of persons or property traveling over or upon such roads or highways.  Laws 1968 c. 276, Sec. 1.  Emerg. eff. Apr. 30, 1968.

Laws 1968, c. 276, § 1, emerg. eff. April 30, 1968.  

§691503.  Money for use on county roads  County highway fund.

(a) All monies raised for use on the county highways in each county, or apportioned to each county for road purposes, from any source, including all funds and monies derived by law, levy, taxation, or apportionment shall, unless otherwise provided by law, be placed in the county treasury in a fund to be known as the county highway fund, to be expended on order of the board of county commissioners on county highways as defined herein, or on state highways within their respective counties including the lighting thereof, if, in the judgment of the board of county commissioners, such expenditure would be just and equitable and for the best interest of the county.

(b) When state or federal funds are available for assistance in constructing county roads or bridges, the board of county commissioners of any county may place on deposit with the commission such funds from the county highway fund, special highway funds and proceeds of county bond issues as may be necessary to obtain such state or federal funds, and the commission shall have authority to accept such county funds and bond monies and to use the same for the construction of county roads or bridges in the county depositing the funds, pursuant to contract agreement with the board of county commissioners of such county; provided, that the proceeds of any county bond issue so deposited with the commission may be used by the commission only for the designated purposes for which the bonds were issued.

(c) All monies remaining in a county highway fund created by 69 O.S.1961, Section 44(e), and all other assets thereof, and all taxes, revenue and other funds payable to or required to be deposited in such fund under the provisions of other laws, when this Code becomes effective, shall be transferred to, be deposited in and be a part of the county highway fund created by this section in the same county; and the latter fund shall be liable for the payment of all outstanding obligations existing against the former fund.

Laws 1968, c. 415, § 1503, operative July 1, 1968; Laws 1977, c. 19, § 1, eff. May 20, 1977.  

§691504.  Street improvement assessments  Payment from fund authorized.

The Commission, upon the filing of a claim as hereinafter provided, may pay and discharge out of funds accruing in the State Highway Construction and Maintenance Fund any and all matured or delinquent installments of special assessments for street improvements which were levied against and constituted a lien upon any real property acquired by the Commission for any purpose at the time of the acquisition thereof, provided such assessments constitute a valid lien upon the property at the time of the payment thereof which, except for the immunity of the state from suit, could be enforced in the manner provided for the enforcement of such liens.  Laws 1968 c. 415, Sec. 1504.

Laws 1968, c. 415, § 1504, operative July 1, 1968.  

§691505.  Claims  Filing  Itemization  Copy of proceedings  Claims not paid when collecting officers parties to condemnation proceedings.

(a) Claims for the payment of matured or delinquent installments of special assessments by the Commission in accordance with the provisions of the preceding section shall be filed with the Commission by the treasurer of the municipality in which the property is located, or the county treasurer if the installments have been certified as delinquent.

(b) Such claims shall be itemized so as to show the installment or installments due and delinquent, the amount and date of the original assessment, the special improvement district in which the property is located, and the balance of the assessment due thereon and such other information as the Commission may require.

(c) Upon the request of the Commission, the treasurer filing the claim shall furnish the Commission with a true and correct copy of the proceedings by which the district was created and assessment levied.

(d) No claim for payment of delinquent street improvement assessments shall be paid in cases where the property was acquired by condemnation and the bondholders or the officer or officers authorized by law to collect such installments or assessments were made parties defendant and served with notice.  Laws 1968, c. 415, Sec. 1505.

Laws 1968, c. 415, § 1505, operative July 1, 1968.  

§691506.  Printing service change Fund.

(a) The Commission may provide a special cash fund within the Printing Services Section of the Department to be identified as the printing service change fund, which shall be available for the purpose only of making change when payments are tendered for services of such section.  The printing service change fund shall be maintained at a constant daily balance of Two Hundred Dollars ($200.00) cash on hand.

(b) All monies remaining in the Printing Service Change Fund provided for by Section 1 of Chapter 285, Oklahoma Session Laws 1965 (69 O.S. Supp. 1967, Section 92d), when this Code becomes effective shall be transferred to and be a part of the fund provided for by this section.  Laws 1968 c. 415, Sec. 1506.

Laws 1968, c. 415, § 1506, operative July 1, 1968.  

§691507.  Budget estimates  Road programs.

The Department shall file budget estimates with the Director of State Finance in the manner prescribed and at the time required by law, for each fiscal year of the ensuing biennium following each regular session of the Legislature.  Planning of road programs shall be on a fiscal year basis and shall show the estimated amount of revenue available to finance such budget from existing revenue laws. Laws 1968 c. 415, Sec. 1507.

Laws 1968, c. 415, § 1507, operative July 1, 1968.  

§691508.  Reimbursement of contractors for city sales taxes paid.

The State Highway Department is hereby authorized to make reimbursement, from the State Highway Construction and Maintenance Fund in the State Treasury, to contractors who have been, or who may hereafter be, awarded construction or repair contracts for state highway projects and become subject to a city sales tax when such tax became effective following award of a contract.  Any such contractor shall submit to the State Highway Department copies of invoices of taxes paid, the project number and the materials invoice that became subject to a city sales tax.  The State Highway Department, after a review of the file, shall issue a voucher of payment to the contractor for the monies spent to satisfy the payment by the contractor of the city sales tax.  Laws 1968 c. 126, Sec. 1.  Emerg. eff. Apr. 4, 1968.

Laws 1968, c. 126, § 1, emerg. eff. April 4, 1968.  

§691509.  Payment for auditing accounts of State Department of Transportation.

Payment to the State Auditor and Inspector for each fiscal year, from funds accruing to the State Highway Construction and Maintenance Fund, for auditing accounts of the State Department of Transportation, shall not exceed onetenth of one percent (1/10 of 1%) of the total warrants issued by the State Department of Transportation during the previous fiscal year.

Laws 1978, c. 274, § 11, emerg. eff. May 10, 1978; Laws 1979, c. 288, § 14, emerg. eff. June 7, 1979.  

§691510.  Special maintenance projects  Performing and carrying out.

Special maintenance projects under Two Hundred Thousand Dollars ($200,000.00) should be performed and carried out by state special maintenance crews, who may also carry out projects above said amount, if in the judgment of the Transportation Commission the same shall be in the best interests of the State of Oklahoma, except that special maintenance projects involving asphaltic material overlay may be let to contract if the same shall be in the best interests of the state in the judgment of the Commission.

Laws 1978, c. 274, § 12, emerg. eff. May 10, 1978; Laws 1991, c. 258, § 11, operative July 1, 1991.

§69-1511.  Encumbering matching funds.

Except for the highway funding program set forth in this act, of the monies accruing to the State Highway Construction and Maintenance Fund and dedicated for matching federal funds and for state-aid project contracts, not less than six percent (6%) shall be allocated and encumbered in any one commissioner's district.  All highway projects listed on the five-year plan for transportation facilities developed to meet present and future needs of this state shall be subject to the allocation set forth in this section.

Added by Laws 1978, c. 274, § 13, emerg. eff. May 10, 1978.  Amended by Laws 1997, c. 329, § 2, eff. July 1, 1997.

§691512.  Total expenditure limitation for fiscal year.

Section 1512.  No obligation shall be incurred by the Department of Transportation against the State Highway Construction and Maintenance Fund during any fiscal year in excess of the total amount of monies accruing to said fund during such fiscal year. Construction contracts and purchase orders issued by the State Department of Transportation, setting forth the actual or estimated cost of construction as consideration for the cost of work to be done or services, supplies and equipment to be furnished, shall constitute obligations within the meaning of this act.  Monthly, bimonthly or weekly payrolls of the State Department of Transportation shall constitute current charges and shall become obligations against the State Highway Construction and Maintenance Fund at the time the payrolls are filed with the Director of State Finance for payment.

Laws 1978, c. 274, § 14, emerg. eff. May 10, 1978.  

§691513.  Application of Oklahoma Budget Law of 1947.

Section 1513.  To prevent obligations being incurred in excess of the revenue to be collected during any fiscal year, all monies accruing to the State Highway Construction and Maintenance Fund shall be subject to the provisions of the Oklahoma Budget Law of 1947.

Laws 1978, c. 274, § 15, emerg. eff. May 10, 1978.  

§69-1521.  Rebuilding Oklahoma Access and Driver Safety Fund.

A.  There is hereby created in the State Treasury a fund to be known as the "Rebuilding Oklahoma Access and Driver Safety Fund".  The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all appropriations and transfers made by the Legislature.  All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended beginning with the fiscal year ending June 30, 2006, and each fiscal year thereafter by the Department of Transportation for the purposes authorized by subsection I of this section.  Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of State Finance for approval and payment.

B.  There shall be apportioned to the funds specified in this subsection from the monies that would otherwise be apportioned to the General Revenue Fund by Section 2352 of Title 68 of the Oklahoma Statutes from the revenues derived pursuant to subsections A, B and E of Section 2355 of Title 68 of the Oklahoma Statutes amounts as follows:

1.  For the fiscal year ending June 30, 2006:

a. the first Fifteen Million Dollars ($15,000,000.00) shall be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund,

b. the next Two Million Dollars ($2,000,000.00) shall be apportioned to the Oklahoma Tourism and Passenger Rail Revolving Fund created pursuant to Section 325 of Title 66 of the Oklahoma Statutes to be used for capital and operating costs for the "Heartland Flyer" rail project, and

c. the next Five Hundred Thousand Dollars ($500,000.00) shall be apportioned to the Public Transit Revolving Fund created pursuant to Section 4031 of Title 69 of the Oklahoma Statutes to be used for purposes authorized by law other than the purpose described by subparagraph b of this paragraph,

d. all amounts apportioned pursuant to this paragraph shall be divided into twelve equal amounts to be apportioned each month during the fiscal year;

2.  For the fiscal year ending June 30, 2007, and for each fiscal year thereafter, subject to the provisions of paragraph 4 of this subsection, and subject to any reductions required by subsection H of this section, there shall be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund:

a. the total amount apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund for the preceding fiscal year which shall be apportioned before any other amount is apportioned pursuant to Section 2352 of Title 68 of the Oklahoma Statutes, plus

b. an additional amount which shall be either:

(1) the next Seventeen Million Five Hundred Thousand Dollars ($17,500,000.00) as provided by subsection C of this section, or

(2) the next Thirty-five Million Dollars ($35,000,000.00) as provided by subsection D of this section, or

(3) an amount which shall not be in excess of the amount prescribed by division (1) of this subparagraph for a fiscal year in which such amount is the maximum additional amount that may be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund and which shall not be in excess of the amount prescribed by division (2) of this subparagraph for a fiscal year in which such amount is the maximum additional amount that may be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund, in order for the total apportionment for such fiscal year to equal One Hundred Seventy Million Dollars ($170,000,000.00), and

c. all amounts apportioned pursuant to this paragraph shall be divided into twelve equal amounts to be apportioned each month during the fiscal year;

3.  For the fiscal year ending June 30, 2007, and for each fiscal year thereafter after the apportionments required by paragraph 2 of this subsection have been made:

a. the next Two Million Dollars ($2,000,000.00) shall be apportioned to the Oklahoma Tourism and Passenger Rail Revolving Fund created pursuant to Section 325 of Title 66 of the Oklahoma Statutes to be used for capital and operating costs for the "Heartland Flyer" rail project, and

b. the next Three Million Dollars ($3,000,000.00) shall be apportioned to the Public Transit Revolving Fund created pursuant to Section 4031 of Title 69 of the Oklahoma Statutes to be used for purposes authorized by law other than the purpose described by subparagraph a of this paragraph;

c. all amounts apportioned pursuant to this paragraph shall be divided into twelve equal amounts to be apportioned each month during the fiscal year; and

4.  For each fiscal year after the first fiscal year in which the total apportionment to the Rebuilding Oklahoma Access and Driver Safety Fund as provided by paragraph 2 of this subsection equals One Hundred Seventy Million Dollars ($170,000,000.00), the first One Hundred Seventy Million Dollars ($170,000,000.00) collected pursuant to subsections A, B and E of Section 2355 of Title 68 of the Oklahoma Statutes and apportioned pursuant to Section 2352 of Title 68 of the Oklahoma Statutes that would otherwise be apportioned to the General Revenue Fund shall be apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund.  All amounts apportioned pursuant to this paragraph shall be divided into twelve equal amounts to be apportioned each month during the fiscal year.

C.  For the fiscal year ending June 30, 2007, and for each fiscal year thereafter, in addition to the amount apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund pursuant to subparagraph a of paragraph 2 of subsection B of this section, there shall be apportioned to such fund an additional amount of Seventeen Million Five Hundred Thousand Dollars ($17,500,000.00) for each year that the State Board of Equalization determines that any increase between the final itemized estimate of General Revenue Fund revenues made by the State Board at the February meeting preceding the beginning of the fiscal year for which that estimate is made, which is the same fiscal year during which the apportionment to the Rebuilding Oklahoma Access and Driver Safety Fund is to be made, and the then current itemized estimate of General Revenue Fund revenues made by the State Board of Equalization for the fiscal year ending on June 30 immediately following such February meeting is less than three percent (3%).

D.  For the fiscal year ending June 30, 2007, and for each fiscal year thereafter, in addition to the amount apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund pursuant to subparagraph a of paragraph 2 of subsection B of this section, there shall be apportioned to such fund an additional amount of Thirty-five Million Dollars ($35,000,000.00) for each year that the State Board of Equalization determines that any increase between the final itemized estimate of General Revenue Fund revenues made by the State Board at the February meeting preceding the beginning of the fiscal year for which that estimate is made, which is the same fiscal year during which the apportionment to the Rebuilding Oklahoma Access and Driver Safety Fund is to be made, and the then current itemized estimate of General Revenue Fund revenues made by the State Board of Equalization for the fiscal year ending on June 30 immediately following such February meeting is three percent (3%) or greater.

E.  The apportionments of revenues required by subparagraph a of paragraph 2 of subsection B of this section and the apportionment of additional revenues required by either division (1), (2) or (3) of subparagraph b of paragraph 2 of subsection B of this section, as governed by the provisions of subsection C or subsection D of this section, shall be made until the total annual apportionment to the Rebuilding Oklahoma Access and Driver Safety Fund equals One Hundred Seventy Million Dollars ($170,000,000.00).  After such annual apportionment level is reached, the apportionment to the fund shall be governed by the provisions of paragraph 4 of subsection B of this section.

F.  The monies apportioned to the Rebuilding Oklahoma Access and Driver Safety Fund shall not be used to supplant or replace existing state funds used for transportation purposes.

G.  In order to ensure that the funds from the ROADS Fund are used to enhance and not supplant state funding for the Department of Transportation, the State Board of Equalization shall examine and investigate expenditures from the fund each year.  For purposes of this examination, monies used to retire outstanding debt obligations for which the Department of Transportation is responsible shall be excluded.  At the meeting of the State Board of Equalization held within five (5) days after the monthly apportionment in February of each year, the State Board of Equalization shall issue a finding and report which shall state whether expenditures from the ROADS Fund were used to enhance or supplant state funding for the Department of Transportation.  If the State Board of Equalization finds that state funding for the Department of Transportation was supplanted by funds from the ROADS Fund, the Board shall specify the amount by which such funding was supplanted.  In this event, the Legislature shall not make any appropriations for the ensuing fiscal year until an appropriation in that amount is made to replenish state funding for the Department of Transportation.

H.  In the event that the Director of the Office of State Finance declares a General Revenue Fund revenue failure pursuant to Section 41.9 of Title 62 of the Oklahoma Statutes, and agency allocations are reduced pursuant to the provisions of Section 41.9 of Title 62 of the Oklahoma Statutes, the amounts that would otherwise be apportioned to the ROADS Fund by subparagraphs a, b and c of paragraph 1 and subparagraphs a and b of paragraph 2 and paragraph 3 of subsection B of this section shall be reduced by a percentage equal to that required of the General Revenue Fund appropriations to state agencies and such reductions shall occur during the entire fiscal year and for any month during which such reductions are required by the Office of State Finance and by the same percentage as that required of the agencies for such General Revenue Fund appropriations.

I.  The Department of Transportation shall use the monies in the Rebuilding Oklahoma Access and Driver Safety Fund for:

1.  The construction and maintenance of state roads, bridges and highways;

2.  The direct expenses of operating and maintaining the state highway system, including bridges;

3.  Direct expenses incurred in constructing, repairing, and maintaining state highways, farm-to-market roads, county highways and bridges as authorized by law;

4.  Matching federal funds; and

5.  The purchase of materials, tools, machinery, motor vehicles, and equipment necessary or convenient for the construction and maintenance of the state highway system and bridges.

Added by Laws 2005, c. 444, § 1, eff. July 1, 2005.

§691601.  Dedication of Highway No. 77 as Memorial Highway.

U. S. Highway No. 77 throughout the State of Oklahoma shall be dedicated as a Memorial Highway in honor of all Oklahomans who served in the Armed Forces of the United States in World War I and World War II, and the Department shall cause it to be appropriately marked. Laws 1968 c. 415, Sec. 1601.

Laws 1968, c. 415, § 1601, operative July 1, 1968.  

§691602.  Designation of bridge on State Highway No. 51 as The Robert S. Kerr Bridge.

The bridge on State Highway No. 51 across the Verdigris River between Wagoner and Coweta, in Wagoner County, shall be known as "The Robert S. Kerr Bridge" as an expression of appreciation of the entire state, and the Department shall cause suitable markers to be maintained on the bridge bearing such name and designation to memorialize the service and contributions of the Honorable Robert S. Kerr.  Laws 1968, c. 415, Sec. 1602.

Laws 1968, c. 415, § 1602, operative July 1, 1968.  

§691603.  Designation of Interstate Highway as The Raymond Gary Expressway.

The fourlane interstate highway extending from the intersection of the Kansas Turnpike, Kansas state line, through Oklahoma to the Texas state line, and connecting with the Texas interstate highway system, shall be known as "The Raymond Gary Expressway" as a lasting testimonial to the leadership, industry and signal achievements of the Honorable Raymond Gary.  Laws 1968, c. 415, Sec. 1603.

Laws 1968, c. 415, § 1603, operative July 1, 1968.  

§691604.  Designation of U. S. Highway No. 281 as the American Legion Memorial Highway.

The portion of U.S. Highway No. 281 which transverses the State of Oklahoma, shall be known as "The American Legion Memorial Highway" and the Department shall cause it to be appropriately marked as such. Laws 1968, c. 415 Sec. 1604.

Laws 1968, c. 415, § 1604, operative July 1, 1968.  

§691605.  Designation of State Highway No. 117 in Creek County as The Heber Finch Highway.

The part of State Highway No. 117 In Creek County from Sapulpa to its intersection with U.S. Highway No. 75, shall be known as "The Heber Finch Highway", and the Department shall cause it to be appropriately marked to memorialize the service of the Honorable Heber Finch.  Laws 1968 c. 415, Sec. 1605.

Laws 1968, c. 415, § 1605, operative July 1, 1968.  

§691606.  Designation of Sallisaw Bridge as The Ed McDonald Bridge.

The "Sallisaw" bridge on U. S. Highway No. 59 over the Arkansas River, south of Sallisaw, shall be known as "The Ed McDonald Bridge", and the Department shall cause it to be appropriately marked to memorialize the public service and contributions of the Honorable Ed McDonald.  Laws 1968 c. 415, Sec. 1606.

Laws 1968, c. 415, § 1606, operative July 1, 1968.  

§691607.  Designation of State Highway No. 2 in Latimer County as the Jim Cook Highway.

The part of State Highway No. 2 from Wilburton to the Haskell County line shall be known as "The Jim Cook Highway" and the Department shall cause it to be appropriately marked to memorialize the services of the Honorable Jim Cook.  Laws 1968, c. 415, Sec. 1607.

Laws 1968, c. 415, § 1607, operative July 1, 1968.  

§691608.  Designation of part of State Highway No. 47 in Roger Mills County as The S. S. McColgin Highway.

State Highway No. 47 in Roger Mills county, from the Texas line eastward to Cheyenne, and thence northward to Roll, shall be known as "The S. S. McColgin Highway", as a memorial to the outstanding public career of the Honorable S. S. McColgin, and the Department shall cause it to be appropriately marked as such.  Laws 1968, c. 415, Sec. 1608.

Laws 1968, c. 415, § 1608, operative July 1, 1968.  

§691609.  Designation of part of State Highway No. 47 in Roger Mills County as The Jodie S. Moad Highway.

State Highway No. 47 in Roger Mills County from Roll eastward to the Dewey County line shall be known as "The Jodie S. Moad Highway", as a tribute to the outstanding public service of the Honorable Jodie S. Moad, and the Department shall cause it to be appropriately marked as such.  Laws 1968 c. 415, Sec. 1609.

Laws 1968, c. 415, § 1609, operative July 1, 1968.  

§691610.  Designation of bridge across Red River as The D. I. McCullough Bridge.

The bridge across the Red River, between Harris, Oklahoma, and DeKalb, Texas, shall be known as "The D. I. McCullough Bridge", as an expression of appreciation of the people of the State of Oklahoma for a life of dedication to public service, and the Department shall cause it to be appropriately marked to memorialize the services and contributions of the Honorable D. I. McCullough. Laws 1968 c. 415, Sec. 1610.

Laws 1968, c. 415, § 1610, operative July 1, 1968.  

§691611.  Designation of State Highway No. 22 across Blue River as The Cowboy Pink Williams Bridge.

State Highway No. 22 across Blue River in Bryan County, shall be known as "The Cowboy Pink Williams Bridge", as an indication of the appreciation of the members of the Legislature and the citizens of Oklahoma for the services rendered to the state by the Honorable Cowboy Pink Williams; and the Department shall cause suitable markers to be placed on the bridge bearing such name and stating "To memorialize the services and contributions of the Honorable Cowboy Pink Williams".  Laws 1968, c. 415, Sec. 1611.

Laws 1968, c. 415, § 1611, operative July 1, 1968.  

§691612.  Designation of bridge between Purcell and Lexington on U. S. Highway 77 as the James C. Nance Bridge.

The bridge between Purcell and Lexington, on U. S. Highway 77, shall be known as "The James C. Nance Bridge", and the Department shall cause suitable permanent markers to be placed upon the bridge bearing such name and an appropriate designation to memorialize the public services and contributions of the Honorable James C. Nance. Laws 1968, c. 415, Sec. 1612.

Laws 1968, c. 415, § 1612, operative July 1, 1968.  

§691613.  Designation of portion of Highway No. 88  Markers.

That the portion of State Highway No. 88 beginning at its juncture with U.S. Highway No. 169 and ending at the Will Rogers Memorial, near Lake Oologah, be designated and known as the "Cooweescoowee Parkway", and the Department of Highways is directed to cause suitable markers to be erected, identifying the said Parkway as such. Laws 1967, p. 717, S.J.Res.No.23, Sec. 1.

Laws 1967, p. 717, S.J.Res.No.23, § 1.  

§691614.  Designation of Northwest Quadrant, Ada.

State Highway 12, Northwest Quadrant, Ada, Pontotoc County, Oklahoma (Bypass System), beginning at the junction of State Highways 3 and 99, north of Ada, and extending southeasterly to the junction of State Highway 12, is hereby designated "The J. A. Richardson Loop." The State Highway Department shall cause suitable permanent markers to be placed upon said highway bearing said name and an appropriate designation to memorialize the public services and contributions of J. A. Richardson.  Laws 1968, p. 815, S.J.R.No. 68, Secs. 1, 2. Emerg. eff. Apr. 15, 1968.

Laws 1968, p. 815, S.J.R. No. 68, §§ 1, 2, emerg. eff. April 15, 1968.  

§691615.  Designation of bridge over Kiamichi River on State Highway 93 in Choctaw County as The Carl Albert Bridge.

That the bridge over the Kiamichi River on State Highway No. 93 in Choctaw County be and hereby is designated "The Carl Albert Bridge" in appreciation for and in recognition of the many public contributions of the Honorable Carl Albert, Speaker of the House of Representatives of the Congress of the United States, to the Third Congressional District, the State of Oklahoma, and the nation.  Laws 1973, p. 543, H.J.R. No. 1022, Section 1.  Emerg. eff. March 27, 1973.

Laws 1973, p. 543, H.J.R.No.1022, § 1, emerg. eff. March 27, 1973.  

§691616.  Designation of U.S. Highway No. 69A, south of Pryor as The Lyndon Baines Johnson Memorial Highway.

That U. S. Highway No. 69A, south of Pryor, Oklahoma, which leads to the MidAmerica Industrial Complex, be and hereby is designated "The Lyndon Baines Johnson Memorial Highway" in commemoration of the visit by President Johnson on August 26, 1966, to dedicate the MidAmerica Industrial Complex, and in tribute to the life and memory of a dedicated public servant, neighbor and friend.  Laws 1974, p. 715, S.J.R. No. 9, Section 1.  Emerg. eff April 11, 1974.

Laws 1974, p. 715, S.J.R.No.9, § 1, emerg. eff. April 11, 1974.  

§691617.  Designation of bridge east of Allen as the "Hugh M. Sandlin Bridge"  Plaques.

The bridge now under construction east of Allen, Oklahoma, be and is hereby officially designated as the "Hugh M. Sandlin Bridge" as a lasting testimonial to the leadership and industry of Representative Hugh M. Sandlin in achieving the construction of said bridge; and the State Highway Director, consistent with any requirements of the State Highway Commission, is instructed to have affixed to said bridge appropriate plaques visible from each end of the bridge indicating that it is the "Hugh M. Sandlin Bridge." Laws 1975, H.J. Res. No. 1011, Sec. 1, p. A2.

Laws 1975, p. 736, H.J.R.No.1011, § 1.  

§691618.  Designation of bridge south of Seminole as the "John Quimby Wilson Bridge."

The bridge across the Wewoka Creek, located south of Seminole on Highways 3 and 99, be and is hereby named "The John Quimby Wilson Bridge" in appreciation for and recognition of the outstanding service of John Quimby Wilson to this state in the construction of roads.

Laws 1977, p. 989, S.J.R.No.9, § 1.  

§69-1619.  Veterans Memorial Highway - Perryman Memorial Highway - Colonel John L. Hillman Parkway - Designation.

A.  State Highway 99 from the Kansas border extending through Pawhuska, Drumright, Prague, Seminole, Ada, and Tishomingo to Lake Texoma shall be designated the "Veterans Memorial Highway" in honor of all veterans who have served this country in times of war and peace.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name and an appropriate designation to memorialize the veterans of this country.

B.  U.S. Highway 75, from I-44 to the southern city limits of Glenpool, shall be designated the "Perryman Memorial Highway".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing such name.

C.  U.S. Highway 75 from the southern city limits of Glenpool through Okmulgee to Henryetta shall be designated the "Colonel John L. Hillman Parkway" in honor of one of Oklahoma's most outstanding military veterans and former Commander of the 279th Infantry Regiment.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 1989, c. 93, § 2, eff. Nov. 1, 1989.  Amended by Laws 1997, S.J.R. No. 8, § 1, emerg. eff. April 7, 1997.

§69-1620.  U.S. Highway 12 - Designation as scenic highway - Markers.

U.S. Highway 412 from its new alignment west of the Locust Grove area east to Flint Creek shall be designated "Scenic U.S. Highway 412".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 1993, c. 32, § 1, eff. Sept. 1, 1993.

§69-1621.  Sequoyah Memorial Highway - Designation.

State Highway 101 beginning at State Highway 59 and extending to the intersection of State Highway 101 and State Highway 64B shall be designated the "Sequoyah Memorial Highway" as a lasting memorial to the great Cherokee genius who gave an entire nation a written language with his invention of the Cherokee Syllabary that was adopted by his tribe in 1821.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 1994, c. 20, § 1, eff. Sept. 1, 1994.

§69-1622.  Designation of portion of Interstate Highway No. 40 as the Roger Miller Memorial Highway.

Interstate Highway 40-Business from westbound exit number 11 on Interstate Highway 40 west near Erick to State Highway 30 shall be designated the "Roger Miller Memorial Highway" as a lasting tribute to the "King of the Road" Roger Miller, a favorite son from Erick.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 1994, c. 102, § 1, eff. Sept. 1, 1994.

§69-1623.  Designation of State Highway No. 99, Pontotoc County, as the Hugh Warren Memorial Highway.

State Highway 99 in Pontotoc County shall be designated the "Hugh Warren Memorial Highway" as a lasting memorial to the outstanding leadership and public service of Hugh Warren, former Chairman of the Oklahoma Turnpike Authority.  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 1994, c. 102, § 2, eff. Sept. 1, 1994.

§69-1624.  Designation of portion of State Highway 20 as the Carl Belew Memorial Highway.

State Highway 20 from Salina to approximately one (1) mile west of Salina shall be designated the "Carl Belew Memorial Highway" as a lasting memorial to the great songwriter from Salina.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name and designating Salina as the birthplace of Carl Belew.

Added by Laws 1995, c. 43, § 1, eff. Nov. 1, 1995.

§69-1625.  Designation of portion of State Highway 101 in Sequoyah County as the Thomas D. Peace Memorial Highway.

State Highway 101 in Sequoyah County from Highway 64B to the Arkansas state line shall be designated as the "Thomas D. Peace Memorial Highway" as a lasting memorial to the outstanding leadership and public service of Thomas D. Peace, former Commissioner of Health.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 1995, c. 62, § 1, eff. Nov. 1, 1995.

§69-1626.  Designation of portions of U.S. Highway 62 and State Highways 82 and 10 as the POW-MIA Memorial Highway.

U.S. Highway 62 and State Highways 82 and 10 from the junction of U.S. Highway 62 and State Highways 82 and 10 north to the Bertha Parker Bypass junction located south of the city of Tahlequah in Cherokee County shall be designated as the "POW-MIA Memorial Highway" as a lasting memorial and remembrance of the sacrifice made by America's service men and women.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 1995, c. 62, § 2, eff. Nov. 1, 1995.

§69-1627.  Designation of portion of State Highway 74 as the John N. Happy Camp Memorial Highway.

State Highway 74 within the borders of Garfield County shall be designated the "John N. Happy Camp Memorial Highway" in respect for this joyous practitioner of representative government.  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing his name.

Added by Laws 1996, S.J.R. No. 35, § 1, eff. July 1, 1996.

§69-1628.  Designation of portion of Highway 51 as the 42nd "Rainbow" Infantry Division Memorial Highway.

Highway 51, starting from the Oklahoma-Texas state line, 13.0 miles west of Arnett, extending east across the state to the Oklahoma-Arkansas state line 9.0 miles south and east of Stilwell, a total distance of approximately 350.0 miles, not including that area designated as the "Jim Thorpe Memorial Highway" or that area designated as the "Broken Arrow Expressway", shall be designated the "42nd 'Rainbow' Infantry Division Memorial Highway".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 1998, c. 83, § 1, eff. July 1, 1998.  Amended by Laws 1999, c. 218, § 2, eff. Nov. 1, 1999.

§69-1629.  Veterans Memorial Highways.

Interstate Highway 40 westbound from the Interstate Highway 35 and Interstate Highway 40 intersection to the state line shall be designated as the "Korean War Veterans Memorial Highway/Purple Heart Trail".

Interstate Highway 40 eastbound from where it intersects with Interstate Highway 44 to the state line shall be designated as the "Vietnam Veterans Memorial Highway/Purple Heart Trail".

Interstate Highway 35 southbound from the Interstate Highway 35 and Interstate Highway 40 intersection to the state line shall be designated as the "World War I Veterans Memorial Highway".

Interstate Highway 35 northbound from the Interstate Highway 35 and Interstate Highway 40 intersection to the state line shall be designated as the "World War II Veterans Memorial Highway".

Such names shall serve as an expression of the appreciation of the entire State of Oklahoma and to memorialize the men and women who served in the wars.  The Department of Transportation shall cause suitable permanent markers to be placed and maintained on the highways bearing such names.  Any portion of a highway in this state which is currently designated as a "Veterans Memorial Highway" shall not be renamed without legislative approval.

Added by Laws 1998, c. 337, § 1, emerg. eff. June 3, 1998.  Amended by Laws 2000, c. 42, § 1, emerg. eff. April 10, 2000; Laws 2003, c. 116, § 1, emerg. eff. April 21, 2003; Laws 2004, c. 412, § 11, emerg. eff. June 3, 2004.

§69-1630.  Veterans Memorial Highways - Highways previously designated.

Any previously designated portions of Interstate Highway 35 or Interstate Highway 40 shall not be affected by Section 1 of this act.

Added by Laws 1998, c. 337, § 2, emerg. eff. June 3, 1998.

§69-1631.  Designation of bridge across north fork of the Red River as Victor Wickersham Memorial Bridge.

The bridge across the north fork of the Red River, between the Greer and Kiowa county line on State Highway 44 shall be known as the "Victor Wickersham Memorial Bridge", and the Department of Transportation shall cause it to be appropriately marked to memorialize the services and contributions of the Honorable Representative Victor Wickersham.

Added by Laws 1999, c. 6, § 1, emerg. eff. Mar. 24, 1999.

§69-1633.  Designation of portion of State Highway 51 as Broken Arrow Expressway.

State Highway 51, starting at the intersection of State Highway 51 and State Highway 75 in Tulsa County extending to the city limits of Coweta in Wagoner County shall be designated as the "Broken Arrow Expressway".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 1999, c. 218, § 1, eff. Nov. 1, 1999.

NOTE:  Editorially renumbered from § 1631 of this title to avoid a duplication in numbering.

§69-1634.  Mountain Gateway - Senator Larry Dickerson Memorial Highway.

A.  U.S. Highway 59 south of Interstate 40 in Sequoyah County, U.S. Highway 271, U.S. Highway 59, and U.S. Highway 259 within the boundaries of LeFlore County shall be designated as the "Mountain Gateway" in an attempt to increase tourism in Eastern Oklahoma by promoting mountains as a tourist attraction in that part of the state.  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing such name.

B.  Notwithstanding the name designation pursuant to subsection A of this section, U.S. Highway 59 south of Interstate 40 in Sequoyah County, U.S. Highway 271, and U.S. Highway 59 to Poteau shall also be designated as the "Senator Larry Dickerson Memorial Highway".  The Department of Transportation shall cause additional suitable permanent markers to be placed upon the highway bearing such name.

Added by Laws 1999, c. 148, § 1, emerg. eff. May 3, 1999.  Amended by Laws 2002, c. 205, § 1, emerg. eff. May 6, 2002.

NOTE:  Editorially renumbered from § 1633 of Title 69 to avoid a duplication in numbering.

§69-1635.  Cliff Bogle Memorial Highway - Designation of portion of State Highway 82.

State Highway 82, starting at the intersection of State Highway 82 and State Highway 20 in Mayes County extending approximately 15.0 miles to the intersection of State Highway 82 and U.S. Highway 66 in Craig County shall be designated as the "Cliff Bogle Memorial Highway".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 2000, c. 120, § 1, eff. Nov. 1, 2000.

§69-1636.  Clara Luper Corridor - Designation of portion of State Highway 107.

State Highway 107, starting at the intersection of State Highway 107 and Interstate 235 extending approximately two and one-half (2.5) miles to the intersection of State Highway 107 and Interstate 35 shall be designated as the "Clara Luper Corridor".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 2000, c. 63, § 1, eff. Nov. 1, 2000.

§69-1637.  Sam Fields Memorial Highway - Designation of portion of State Highway 127.

State Highway 127, starting at the intersection of State Highway 127 and State Highway 20 near Jay extending approximately thirteen (13.0) miles to the intersection of State Highway 127 and State Highway 10, shall be designated as the "Sam Fields Memorial Highway".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 2000, c. 87, § 1, eff. Nov. 1, 2000.

§69-1638.  Sparland Rose Memorial Bridge.

Beginning at approximately one (1.0) mile east of Airport Road at Little Deep Creek, Payne Lake Road, and the Farmrail Railroad (Heated Bridge Deck), on Interstate 40 east of Weatherford, Oklahoma, shall be designated as the "Sparland Rose Memorial Bridge".

Added by Laws 2000, c. 180, § 3, eff. Nov. 1, 2000.

§69-1639.  Cheyenne Heritage Trail - Informational highway signage.

The Department of Transportation shall erect informational highway signage designed or approved by the Oklahoma Tourism and Recreation Department to direct visitors to sites of significant historical interest along the Cheyenne Heritage Trail.

Added by Laws 2000, c. 180, § 4, eff. Nov. 1, 2000.

§69-1640.  Marjorie and Maria Tallchief Highway - Designation of portion of State Highway 18.

State Highway 18 northbound from Fairfax, Oklahoma, to where it intersects with State Highway 60 in Osage County shall be designated "Marjorie and Maria Tallchief Highway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 2000, c. 67, § 1, eff. Nov. 1, 2000.

§69-1641.  Senator Frank Mahan Highway - Designation of portion of State Highway 18.

State Highway 18 southbound from Fairfax, Oklahoma, to where it intersects with State Highway 20 in Osage County shall be designated "Senator Frank Mahan Highway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing said name.

Added by Laws 2000, c. 67, § 2, eff. Nov. 1, 2000.

§69-1642.  J.M. Bailey Highway.

State Highway 9, beginning at the intersection of State Highway 9 and U.S. Highway 69 in McIntosh County, extending west approximately two (2) miles shall be designated as the "J.M. Bailey Highway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the name.

Added by Laws 2001, c. 271, § 1, eff. Nov. 1, 2001.

§69-1643.  Sailboat Bridge.

The bridge that crosses over Grand Lake on U.S. Highway 59 in Delaware County shall be designated as "Sailboat Bridge".  The Department of Transportation shall cause suitable permanent markers to be placed at the north and south ends of the bridge.

Added by Laws 2001, c. 271, § 2, eff. Nov. 1, 2001.

§69-1644.  Colonel Harold D. Pinney, U.S. Army Highway - Clarence F. "Chink" Douglas, Lawman Highway.

From one hundred (100) yards south of the Business 69 Highway exit on U.S. Highway 69 in Eufaula, Oklahoma, on the northbound  lane shall be named the "Colonel Harold D. Pinney, U.S. Army Highway" and from one hundred (100) yards north of the hospital  exit on U.S. Highway 69 in Eufaula, Oklahoma, on the southbound  lane shall be named the "Clarence F. ‘Chink' Douglas, Lawman Highway".  The Department of Transportation shall cause permanent markers to be placed upon the highway bearing their names.

Added by Laws 2002, c. 205, § 2, emerg. eff. May 6, 2002.

§69-1645.  Mennonite Bridge.

The bridge located on State Highway 81 approximately one and six-tenths (1.6) miles south of the junction of State Highway 81  and State Highway 3 shall be known as the "Mennonite Bridge".  The Department of Transportation shall cause suitable permanent markers to be placed upon the bridge.

Added by Laws 2002, c. 205, § 3, emerg. eff. May 6, 2002.

§69-1646.  McIntosh County Korean Veterans Memorial Highway.

U.S. Highway 69, from south of I-40 to the South Canadian  River, shall be designated as the "McIntosh County Korean Veterans Memorial Highway" to honor those persons from McIntosh County that served our country in the Korean Conflict.  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing such name.

Added by Laws 2002, c. 205, § 4, emerg. eff. May 6, 2002.

§69-1647.  Jake Eaton Bridge.

The bridge that crosses Eaton Creek on State Highway 82 approximately one and one-third (1 1/3) miles south of the intersection of State Highway 82 and State Highway 31 in Haskell County shall be designated as the "Jake Eaton Bridge".  The Department of Transportation shall cause suitable permanent markers to be placed upon the bridge.

Added by Laws 2002, c. 205, § 5, emerg. eff. May 6, 2002.

§69-1648.  Pearl Harbor/USS Oklahoma Memorial Highway - Renaming of Keystone Expressway as Sand Springs Expressway.

A.  State Highway 77H, from where it intersects with State Highway 9 in Cleveland County, north to where it intersects with Interstate Highway 240 in Oklahoma County, shall be designated as the "Pearl Harbor/USS Oklahoma Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing such name.

B.  Any portion of Interstate Highway 412/64 in Tulsa County that is currently designated as the Keystone Expressway shall be renamed as the Sand Springs Expressway.  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing such name.

Added by Laws 2003, c. 83, § 1, emerg. eff. April 15, 2003.

§69-1650.  Southeastern Mountain Gateway.

State Highway 3 within the boundaries of Tom, Oklahoma, and the Community of Tom, Oklahoma, in McCurtain County shall be designated as the "Southeastern Mountain Gateway" in an attempt to increase tourism in Southern Oklahoma by promoting mountains as a tourist attraction in that part of the state.  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing the name.

Added by Laws 2003, c. 68, § 1, emerg. eff. April 10, 2003.

§69-1651.  Trooper Chris Van Krevelen Memorial Highway.

From where U.S. Highway 412 intersects with State Highway 74 in Garfield County, west to where the highway intersects with State Highway 58 in Enid, Oklahoma, shall be designated as "Trooper Chris Van Krevelen Memorial Highway".  The Department of Transportation shall place suitable permanent markers on the highway bearing the name.

Added by Laws 2003, c. 141, § 1, emerg. eff. April 28, 2003.

§69-1652.  Doc Scantlen Bridge.

The bridge located on State Highway 82 near Stigler, Oklahoma, shall be designated as "Doc Scantlen Bridge" in appreciation for and in recognition of the many outstanding contributions to those around him.  The Department of Transportation shall cause suitable permanent markers to be placed at the north and south ends of the bridge.

Added by Laws 2004, c. 48, § 1, eff. Nov. 1, 2004.

§69-1653.  Helen Cole Memorial Highway.

Interstate 35 between Interstate 240 and Indian Hills Road shall be designated as the "Helen Cole Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing her name.

Added by Laws 2004, c. 481, § 2, emerg. eff. June 7, 2004.

§69-1655.  Keith Leftwich Memorial Loop.

Interstate Highway 240 between Interstate 35 and Interstate 44 in Oklahoma County, Oklahoma, shall be designated as the "Keith Leftwich Memorial Loop".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 481, § 1, emerg. eff. June 7, 2004.

§69-1658.  Hoppy Lockhart Welcome Center.

The Welcome Center located at Sallisaw, Oklahoma, near mile marker 314, shall be designated as the "Hoppy Lockhart Welcome Center".  The Department of Transportation shall cause suitable permanent markers to be placed at the facility bearing the name.

Added by Laws 2004, c. 135, § 1, emerg. eff. April 20, 2004.

§69-1659.  Matthew Evans/Jeffery Rominger Memorial Parkway.

Interstate Highway 40 from where it intersects with Interstate Highway 35, eastbound to where it intersects with Interstate Highway 44 shall be designated as the "Matthew Evans/Jeffery Rominger Memorial Parkway".  The Department of Transportation shall cause suitable permanent markers to be placed on the parkway bearing their names.

Added by Laws 2004, c. 412, § 1, emerg. eff. June 3, 2004.

§69-1660.  David "Rocky" Eales Memorial Parkway.

State Highway 1 from where it intersects with the Indian Nation Turnpike, east to where it intersects with U.S. Highway 69 shall be designated as the "David ‘Rocky' Eales Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed an the highway bearing his name.

Added by Laws 2004, c. 412, § 2, emerg. eff. June 3, 2004.

§69-1661.  Vernon Glenn Memorial Parkway.

State Highway 2 in Vinita, Oklahoma, in Craig County shall be designated as the "Vernon Glenn Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 3, emerg. eff. June 3, 2004.

§69-1662.  Sid Cookerly Memorial Parkway.

State Highway 77, from where it intersects with State Highway 11 in Kay County, north to Newkirk, Oklahoma, shall be designated as the "Sid Cookerly Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 4, emerg. eff. June 3, 2004.

§69-1663.  Tom Puckett Memorial Parkway.

State Highway 7 from where it intersects with Interstate Highway 44 eastbound to where it intersects with State Highway 65 shall be designated as the "Tom Puckett Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 5, emerg. eff. June 3, 2004.

§69-1664.  John C. Blaylock Memorial Parkway.

State Highway 75, extending north for five (5) miles from the South Canadian River Bridge at Calvin, Oklahoma, shall be designated as the "John C. Blaylock Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 6, emerg. eff. June 3, 2004.

§69-1665.  Dr. Robert E. Cowling Memorial Parkway.

State Highway 99 Interchange extending five (5) miles north from Ada, Oklahoma, shall be designated as the "Dr. Robert E. Cowling Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 7, emerg. eff. June 3, 2004.

§69-1666.  Troy Leathers Memorial Parkway.

State Highway 99 from the intersection of State Highway 66 near Stroud, Oklahoma, south to the Sac and Fox Tribal Company shall be designated as the "Troy Leathers Memorial Highway".  The Department of Transportation shall cause suitable permanent markings to be placed upon the highway bearing said name.

Added by Laws 2004, c. 412, § 8, emerg. eff. June 3, 2004.

§69-1667.  William Ross Stewart Memorial Parkway.

State Highway 270 between Krebs and Hartshome, Oklahoma, shall be designated as the "William Ross Stewart Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 9, emerg. eff. June 3, 2004.

§69-1668.  Billy Fairl Morgan Memorial Parkway.

State Highway 270 between Southeast 29th Street and State Highway 62 in Harrah, Oklahoma, shall be designated as the "Billy Fairl Morgan Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 10, emerg. eff. June 3, 2004.

§69-1669.  Jody Latimer Memorial Parkway.

State Highway 65 from where it intersects with State Highway 53 in Cotton County, south to Temple, Oklahoma, shall be designated as the "Jody Latimer Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 12, emerg. eff. June 3, 2004.

§69-1670.  W.R. "Dick" Stubbs Memorial Parkway.

State Highway 75 from Trudgeon road to Junction 266 in Henryetta, Oklahoma, shall be designated as the "W.R. ‘Dick' Stubbs Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 13, emerg. eff. June 3, 2004.

§69-1671.  Perrier Bridge.

The bridge across Bird Creek, north of Skiatook, Oklahoma, which is located on State Highway 11, shall be designated as the "Perrier Bridge".  The Department of Transportation shall cause suitable permanent markings to be placed upon the bridge bearing said name.

Added by Laws 2004, c. 412, § 14, emerg. eff. June 3, 2004.

§69-1672.  Dr. Ernest L. Holloway Highway.

State Highway 33 beginning one-half mile from the east end of the Cimarron River Bridge extending to where State Highway 33 intersects with State Highway 105 in Guthrie shall be designated as the "Dr. Ernest L. Holloway Highway".  The Oklahoma Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing his name.

Added by Laws 2004, c. 412, § 15, emerg. eff. June 3, 2004.

§69-1673.  Teddy Lehman Highway.

U.S. Highway 62 from Willey Road to the western municipal limits of Fort Gibson, Oklahoma, shall be designated as the "Teddy Lehman Expressway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing his name.

Added by Laws 2004, c. 412, § 16, emerg. eff. June 3, 2004.

§69-1674.  Mannford Expressway.

State Highway 51, from a point one mile east of its intersection with State Highway 151, also known as the "Keystone Dam Road", west to its intersection with State Highway 48 in Mannford, Oklahoma, shall be designated as the "Mannford Expressway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing the designation.

Added by Laws 2005, c. 474, § 1, emerg. eff. June 9, 2005.

§69-1675.  Joe M. Morgan Memorial Bridge.

The bridge that crosses the Washita River on U.S. Highway 183 near Clinton, Oklahoma in Custer County shall be designated as the "Joe M. Morgan Memorial Bridge".  The Department of Transportation shall cause suitable permanent markers to be placed upon the bridge bearing that name.

Added by Laws 2005, c. 474, § 2, emerg. eff. June 9, 2005.

§69-1676.  Oklahoma Technology Corridor.

The portion of State Highway 9 between Interstate 35 and S.E. 36th Street in the City of Norman shall be designated as the "Oklahoma Technology Corridor".  The Department of Transportation shall cause suitable permanent markers to be placed upon the portion of highway bearing that designation.

Added by Laws 2005, c. 474, § 3, emerg. eff. June 9, 2005.

§69-1677.  Randy Littlefield Memorial Highway.

State Highway 20 from the junction of State Highway 10 and U.S. Highway 59 east of Jay, Oklahoma, up to the Missouri state line, shall be designated the "Randy Littlefield Memorial Highway".  The Department of Transportation shall cause suitable permanent markers be placed upon the highway bearing that name.

Added by Laws 2005, c. 51, § 1, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1674 of this title to avoid duplication in numbering.

§69-1678.  Harrah Road - Billy Fairl Morgan Memorial Highway.

No section of State Highway 270 extending between N.E. 23rd Street to the municipal limits of McLoud, Oklahoma, shall be named or renamed, except as provided in this section.  The section of highway on State Highway 270 extending from Harrah, Oklahoma, between N.E. 23rd Street to S.E. 29th Street shall be designated as "Harrah Road".  The section of highway on State Highway 270 extending from where the newly designated "Harrah Road" intersects with S.E. 29th Street to the McLoud municipal limits shall be designated as the "Billy Fairl Morgan Memorial Highway".  Any existing name on the section of highway between N.E. 23rd Street and the municipal limits of McLoud shall be removed.  The Department of Transportation shall cause suitable permanent markers to be placed on the section of highway between S.E. 29th Street and the municipal limits of McLoud bearing the name "Billy Fairl Morgan Memorial Highway".

Added by Laws 2005, c. 51, § 2, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1675 of this title to avoid duplication in numbering.

§69-1679.  Scott Vincent Memorial Highway.

State Highway 31, beginning at the western municipal limits of Bokoshe and extending to the junction with State Highway 59, shall be designated as the "Scott Vincent Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on the highway bearing that name.

Added by Laws 2005, c. 151, § 1, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1675 to avoid a duplication in numbering.

§69-1680.  Rider Daugherty Memorial Bridge.

The bridge crossing Little Lee Creek, which is located on State Highway 101, shall be designated as the "Rider Daugherty Memorial Bridge".  The Department of Transportation shall cause suitable permanent markers to be placed upon the bridge bearing that name.

Added by Laws 2005, c. 157, § 1, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1674 of this title to avoid duplication in numbering.

§69-1681.  Luke James Memorial Highway.

The section of State Highway 54 extending from the municipal limits of Optima to the Kansas state line shall be designated as the "Luke James Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed upon that section of highway bearing that name.

Added by Laws 2005, c. 157, § 2, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1675 of this title to avoid duplication in numbering.

§69-1682.  Jack Begley Memorial Highway.

The section of State Highway 54 that extends from the Texas state line, near Texhoma, to the municipal limits of Optima shall be designated as the "Jack Begley Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed on that section of highway bearing that name.

Added by Laws 2005, c. 157, § 3, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1676 of this title to avoid duplication in numbering.

§69-1683.  Lyle Rymer Highway.

State Highway 64 in Roland, Oklahoma, between PawPaw Road and Cottonwood Road shall be designated as the "Lyle Rymer Highway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing that name.

Added by Laws 2005, c. 157, § 4, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1677 of this title to avoid duplication in numbering.

§69-1684.  Bobby Green Memorial Expressway.

The Duncan bypass shall be designated as the "Bobby Green Memorial Expressway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the bypass bearing that name.

Added by Laws 2005, c. 157, § 5, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1678 of this title to avoid duplication in numbering.

§69-1685.  Veterans Memorial Highway.

State Highway 81 between Duncan and Comanche shall be designated as the "Veterans Memorial Highway".  The Department of Transportation shall cause suitable permanent markers to be placed upon the highway bearing that name.

Added by Laws 2005, c. 157, § 6, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1679 of this title to avoid duplication in numbering.

§69-1686.  Navy Petty Officer Third Class Doyle W. Bollinger, Jr., Overpass.

The bypass over U.S. Highway 59, located on U.S. Highway 59 Business, shall be designated as the "Navy Petty Officer Third Class Doyle W. Bollinger, Jr., Overpass".  The Department of Transportation shall cause suitable permanent markers to be placed upon the section of highway bearing that name.

Added by Laws 2005, c. 157, § 7, eff. Nov. 1, 2005.

NOTE:  Editorially renumbered from § 1680 of this title to avoid duplication in numbering.

§69-1701.  Purpose - Authority to construct, maintain, repair and operate projects.

In order to facilitate vehicular traffic throughout the state and remove the present handicaps and hazards on the congested highways in the state, and to provide for the construction of modern express highways embodying reasonable safety devices including ample shoulder widths, long sight distances, the bypassing of cities and towns, and grade separations at intersecting highways and railroads, the Oklahoma Turnpike Authority, as created in Section 1703 of this title, is hereby authorized and empowered to construct, maintain, repair, and operate turnpike projects as defined in Section 1704 of this title, at such locations as shall be approved by the Transportation Commission, and to issue turnpike revenue bonds of the Authority payable solely from revenues to pay the cost of such projects.  The Authority is further authorized and empowered to develop and market alternative uses of the Oklahoma Turnpike Authority Electronic Toll Collection System, and construct, maintain, repair, and operate inter-modal transportation transfer facilities and infrastructure relating thereto, including, without limitation, warehouses and utility facilities and intercity rail transit projects as it shall determine to be feasible and economically sound.

Added by Laws 1968, c. 415, § 1701, operative July 1, 1968.  Amended by Laws 1997, c. 282, § 1, emerg. eff. May 27, 1997; Laws 1999, c. 341, § 4, eff. Nov. 1, 1999; Laws 2003, c. 206, § 1, emerg. eff. May 12, 2003; Laws 2005, c. 68, § 1, Nov. 1, 2005.

§691702.  Bonds not obligations of state or subdivisions  Payable from revenues  Statement to be contained in bonds.

Turnpike revenue bonds issued under the provisions on this article shall not at any time be deemed to constitute a debt of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any such political subdivision, but such bonds shall be payable solely from the funds herein provided therefor from revenues.  Such turnpike revenue bonds shall contain on the face thereof a statement to the effect that neither the State nor the Authority shall be obligated to pay the same or the interest thereon except from the revenues of the project or projects for which they are issued and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof is pledged, or may hereafter be pledged, to the payment of the principal of or the interest on such bonds.  Laws 1968 c. 415, Sec. 1702.

Laws 1968, c. 415, § 1702, operative July 1, 1968.  

§691703.  Oklahoma Turnpike Authority created - Liabilities - Members - Officers - Surety bonds - Reimbursement.

A.  There is hereby created a body corporate and politic to be known as the "Oklahoma Turnpike Authority" and by that name the Authority may sue and be sued, and plead and be impleaded.  The Authority is hereby constituted an instrumentality of the state, and the exercise by the Authority of the powers conferred by this act in the construction, operation, and maintenance of turnpike projects shall be deemed and held to be an essential governmental function of the state with all the attributes thereof.  Provided, however, the Turnpike Authority is authorized to carry and shall carry liability insurance to the same extent and in the same manner as the Transportation Commission, and in addition thereto it shall be subject to the workers' compensation laws of the state the same as a private construction project.

B.  The Oklahoma Turnpike Authority shall consist of the Governor, who shall be a member ex officio, and six (6) members to be appointed by the Governor, by and with the consent of the Senate.  The appointive members shall be residents of the state, and shall have been qualified electors therein for a period of at least one (1) year next preceding their appointment.  One appointive member shall be appointed from each of six districts of the state, such districts to include the area as follows:

District 1.  Oklahoma, Canadian, Cleveland, McClain and Garvin Counties.

District 2.  Washington, Nowata, Craig, Ottawa, Rogers, Mayes, Delaware, Wagoner, Cherokee, Adair, Okmulgee, Osage, Muskogee, Sequoyah, McIntosh and Haskell Counties.

District 3.  Coal, Logan, Payne, Lincoln, Creek, Okfuskee, Pottawatomie, Seminole, Hughes and Pontotoc Counties.

District 4.  Kay, Pawnee, Garfield, Noble, Tulsa, Woods, Woodward, Major, Alfalfa and Grant Counties.

District 5.  Cimarron, Grady, Texas, Beaver, Harper, Ellis, Roger Mills, Dewey, Custer, Caddo, Washita, Beckham, Harmon, Stephens, Jefferson, Greer, Kiowa, Jackson, Tillman, Comanche, Cotton, Kingfisher and Blaine Counties.

District 6.  Carter, Love, Murray, Johnston, Marshall, Atoka, Bryan, Pittsburg, Latimer, Le Flore, Pushmataha, Choctaw and McCurtain Counties.

The members of the Authority appointed shall continue in office for terms expiring as follows:  District 1, July 1, 1968; District 2, July 1, 1971; District 3, July 1, 1972; District 4, July 1, 1973; District 5, July 1, 1974; District 6, July 1, 1975.  Provided, that appointive members serving on the Oklahoma Turnpike Authority created by 69 O.S. 1961, Section 653, when this act becomes effective shall continue to serve as members of the Oklahoma Turnpike Authority created by this section, for the terms for which they were appointed, unless sooner removed by the Governor.  The successor of each appointive member shall be appointed for a term of eight (8) years, except that any person appointed to fill a vacancy shall be appointed to serve only for the unexpired term, and a member of the Authority shall be eligible for reappointment.  Each appointed member of the Authority before entering upon the duties of office shall take an oath as provided by Section 1 of Article XV of the Constitution of the State of Oklahoma.  Any appointive member of the Authority may be removed by the Governor at any time with or without cause.

C.  The Authority shall elect one of the appointed members as chairperson and another as vice-chairperson, and shall also elect a Secretary and Treasurer.  A majority of the members of the Authority shall constitute a quorum and the vote of a majority of the members shall be necessary for any action taken by the Authority.  No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority.

D.  Before the issuance of any turnpike revenue bonds under the provisions of this act, each appointed member of the Authority shall execute a surety bond in the penal sum of Twentyfive Thousand Dollars ($25,000.00) and the secretary and treasurer shall execute a surety bond in the penal sum of One Hundred Thousand Dollars ($100,000.00), each such surety bond to be conditioned upon the faithful performance of the duties of the office, to be executed by a surety company authorized to transact business in the State of Oklahoma as surety and to be approved by the Governor and filed in the office of the Secretary of State.

E.  The members of the Authority shall not be entitled to compensation for their services, but each member shall be reimbursed for actual expenses necessarily incurred in the performance of the duties of such member.  All expenses incurred in carrying out the provisions of this act shall be payable solely from funds provided under the authority of this act and no liability or obligation shall be incurred by the Authority hereunder beyond the extent to which monies shall have been provided under the authority of this act.

F.  Whenever the terms "Oklahoma Transportation Authority", "Transportation Authority" or "Authority", when used in reference to the Oklahoma Turnpike Authority, appear in the Oklahoma Statutes, such terms shall mean the Oklahoma Turnpike Authority.

Added by Laws 1968, c. 415, § 1703, operative July 1, 1968.  Amended by Laws 1999, c. 341, § 5, eff. Nov. 1, 1999; Laws 2005, c. 68, § 2, eff. Nov. 1, 2005.

§691704.  Definitions - Concession contracts or leases.

As used in this article, the following words and terms shall have the following meanings, unless the context shall indicate another or different meaning or intent:

1.  "Authority" means the Oklahoma Turnpike Authority, created by Section 1703 of this title, or, if such Authority shall be abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given by this article to the Authority shall be given by law;

2.  "Project" or "turnpike project" means any express highways, superhighways, or motorways, wayports, aviation transfer centers or aviation hubs constructed under the provisions of this article by the Authority, and shall embrace all bridges, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, free access roads, bridges, and road construction, toll houses, service stations, and administration, storage and other buildings which the Authority may deem necessary for the operation of such turnpike, together with all property, rights, easements and interests which may be acquired by the Authority for the construction or the operation of such turnpike.  The Authority may contract or lease concessions for gas stations, garages, restaurants, parking facilities and other services for all or any portion of any turnpike project or projects;

3.  "Cost", as applied to a turnpike project, shall embrace the cost of construction, the cost of the acquisition of all land, rightsofway, property, rights, easements and interests acquired by the Authority for such construction, the cost of all machinery and equipment, financing charges, provision for working capital, interest prior to, during, and after construction and a reserve for interest in such amounts as the Authority shall determine, cost of traffic estimates and of engineering and legal expenses, plans, specifications, surveys, estimates of cost, and of revenues, other expenses necessary or incident to determining the feasibility or practicability of constructing any such project, administrative expense, and such other expense as may be necessary or incident to the construction of the project, the financing of such construction, and the placing of the project in operation.  Any obligation or expense incurred by the Transportation Commission with the approval of the Authority for traffic surveys, borings, preparation of plans and specifications, and other engineering services in connection with the financing and construction of a project shall be regarded as a part of the cost of such project and shall be reimbursed to the state out of the proceeds of the turnpike revenue bonds hereafter authorized.  However, the Transportation Commission shall not incur obligations or expenses totaling more than One Thousand Five Hundred Dollars ($1,500.00) per turnpike mile.  Provided further, however, that an additional sum not to exceed One Thousand Dollars ($1,000.00) per turnpike mile may be expended for updating reports prior to financing; and

4.  "Owner" means and includes all individuals, copartnerships, associations, or corporations having any title or interest in any property, rights, easements, and interests authorized to be acquired by this article.

Added by Laws 1968, c. 415, § 1704, operative July 1, 1968.  Amended by Laws 1991, c. 183, § 1, emerg. eff. May 13, 1991; Laws 1999, c. 341, § 6, eff. Nov. 1, 1999; Laws 2004, c. 304, § 1, emerg. eff. May 17, 2004; Laws 2005, c. 68, § 3, eff. Nov. 1, 2005.

§69-1705.  Authority - Powers and duties.

The Oklahoma Turnpike Authority is hereby authorized and empowered:

(a)  To adopt bylaws for the regulation of its affairs and conduct of its business.

(b)  To adopt an official seal and alter the same at pleasure.

(c)  To maintain an office at such place or places within the state as it may designate.

(d)  To sue and be sued in contract, reverse condemnation, equity, mandamus and similar actions in its own name, plead and be impleaded; provided, that any and all actions at law or in equity against the Authority shall be brought in the county in which the principal office of the Authority shall be located, or in the county of the residence of the plaintiff, or the county where the cause of action arose.  All privileges granted to the Authority and duties enjoined upon the Authority by the provisions of Sections 1701 through 1734 of this title may be enforced in a court of competent jurisdiction in an action in mandamus.

(e)  To construct, maintain, repair and operate turnpike projects and highways, with their access and connecting roads, at such locations and on such routes as it shall determine to be feasible and economically sound; provided, that until specifically authorized by the Legislature, the Authority shall be authorized to construct and operate toll turnpikes only at the following locations:

(1)  The Turner Turnpike between Oklahoma City and Tulsa.

(2)  The Southwestern (H.E. Bailey) Turnpike between Oklahoma City and Wichita Falls, Texas.

(3)  The Northeastern (Will Rogers) Turnpike between Tulsa and Joplin, Missouri.

(4)  The Eastern (Indian Nation) Turnpike between Tulsa and Paris, Texas, including all or any part thereof between McAlester and the Red River south of Hugo.

(5)  The Cimarron Turnpike between Tulsa and Interstate Highway 35 north of Perry, including a connection to Stillwater.

(6)  The Muskogee Turnpike between Broken Arrow and Interstate Highway 40 west of Webbers Falls.

(7)  All or any part of an extension of the Muskogee Turnpike, beginning at a point on Interstate Highway 40 near the present south terminus of the Muskogee Turnpike, and extending in a southeasterly direction on an alignment near Stigler, Poteau and Heavener to the vicinity of the Arkansas State Line to furnish access to Hot Springs, Texarkana, Shreveport and New Orleans.

(8)  A tollgate on the Turner Turnpike in the vicinity of Luther, Oklahoma, and in the vicinity of the intersection of State Highway 33 and Turner Turnpike in Creek County, Oklahoma, or in the vicinity of the intersection of State Highway 33 and Turner Turnpike or U.S. Highway 66 in Creek County, Oklahoma, from any monies available to the Authority.

(9)  Add on the Will Rogers Turnpike a northbound automatic tollgate onto State Highway 28 and a southbound on-ramp from State Highway 28.

(10)  A turnpike or any part or parts thereof beginning in the vicinity of Duncan extending east to the vicinity of the City of Davis, and extending in a northeasterly direction, by way of the vicinity of the City of Ada, to a connection in the vicinity of Henryetta or in the vicinity of the intersection of State Highway 48 and Interstate 40; and a turnpike or any part or parts thereof from the vicinity of Snyder extending north to the vicinity of Woodward.

(11)  A turnpike or any part or parts thereof beginning at a point in the vicinity of Ponca City, or at a point on the Kansas-Oklahoma state boundary line east of the Arkansas River and west of the point where Oklahoma State Highway No. 18 intersects said state boundary line, and extending in a southeasterly direction to a connection with the Tulsa Urban Expressway System in the general area of the Port of Catoosa.

(12)  All or any part of an Oklahoma City toll expressway system connecting the residential, industrial and State Capitol Complex in the north part of Oklahoma City with the residential, industrial and Will Rogers World Airport Complex in the south and southwest parts of Oklahoma City.

(13)  A turnpike (The Industrial Parkway) or any part or parts thereof beginning at a point on the Oklahoma-Kansas state boundary line between the point where U.S. Highway 66 intersects the boundary line and the northeast corner of Oklahoma and ending by means of a connection or connections with Shreveport, Louisiana, and Houston, Texas, in southeastern Oklahoma and at no point to exceed thirty (30) miles west of the Missouri or Arkansas border.

(14)  A turnpike or any part or parts thereof beginning in the vicinity of Velma or County Line to a point intersecting with Interstate 35 in the area south of Davis.

(15)  A turnpike or any part or parts thereof beginning in the vicinity of Watonga and extending south and/or east to the vicinity of north and/or west Oklahoma City.

(16)  A tollgate on the Will Rogers Turnpike near the intersection of State Highway 137 and the Will Rogers Turnpike, located south of Quapaw.

(17)  A tollgate on the Muskogee Turnpike in the vicinity of Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey Turnpike at Elgin, Oklahoma, from any monies available to the Authority.

(18)  A tollgate on the Turner Turnpike in the vicinity of Wellston, Oklahoma, from any monies available to the Authority.

(19)  A tollgate on the Muskogee Turnpike in the vicinity of Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove, Oklahoma, from any monies available to the Authority.

(20)  All or any part of an Oklahoma City Outer Loop expressway system beginning in the vicinity of I-35 and the Turner Turnpike and extending west into Canadian County and then south to I-40; and then south and east to I-35 in the vicinity of Moore and Norman; and then extending east and north to I-40 east of Tinker Field; and then extending north to the Turner Turnpike to complete the Outer Loop.

(21)  All or any part of the Tulsa south bypass expressway system beginning in the vicinity of the Turner Turnpike near Sapulpa and extending south and east to U.S. 75 in the vicinity of 96th Street to 121st Street; and then east across the Arkansas River to a connection with the Mingo Valley Expressway; and then south and/or east to a point on the Tulsa-Wagoner County Line near 131st street south in the city of Broken Arrow.

(22)  A new turnpike or any part thereof from near the west gate of the Will Rogers Turnpike south to the west end of south Tulsa Turnpike at the Tulsa-Wagoner County Line.

(23)  A new turnpike or any parts thereof from the vicinity of the connection between State Highway 33 and U.S. 69 easterly to the Arkansas State Line.

(24)  A four-lane extension of the Muskogee Turnpike from Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.

(25)  A new turnpike or any part or parts thereof beginning at a point in the vicinity of northwest Tulsa, and extending in a northwesterly direction, by means of a connection or connections with the cities of Pawhuska and Newkirk, to a point intersecting in the vicinity of US Highway No. 77 and the Kansas State Line.

(26)  A full access interchange on the Indian Nation Turnpike south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and in the vicinity of the proposed theme park, museum or an industrial facility which qualifies for the Oklahoma Quality Jobs Program Act, from any monies available to the Authority.

(27)  A new turnpike beginning at a point directly west of the Arkansas line and four-laning Highway 70 from that point to the farthest western reach of Highway 70 creating a southern route through Oklahoma.

(28)  A new turnpike and bridge or any parts thereof from a point in the vicinity of the city of Mustang southerly across the South Canadian River to the H.E. Bailey Turnpike in the vicinity of the city of Tuttle; and then easterly across the South Canadian River to a point in the vicinity of the city of Norman.

(29)  A new turnpike or any parts thereof beginning at a point in the vicinity of the city of Altus and extending in a northwesterly direction to a point in the vicinity of the city of Sayre.

(30)  A new turnpike or any parts thereof beginning at a point in the vicinity of the city of Enid and extending in a westerly direction to a point in the vicinity of the city of Woodward.

(31)  An on- and off-ramp or any parts thereof at Fletcher, Oklahoma, in the vicinity of the Interstate 44 and State Highway 277 intersection.  Any existing on- or off-ramp or any parts thereof in the vicinity of Fletcher, Oklahoma, shall not be removed and shall be maintained pursuant to Section 1701 et seq. of this title.

(32)  A new bridge crossing the Arkansas River in the vicinity of South Yale Avenue and South Yale Place in Tulsa County.  This project shall commence upon a determination by the Oklahoma Transportation Authority that such bridge shall be self-sufficient at some point over a thirty-year time period from the toll charges associated with the bridge project.

(33)  An exit ramp or any parts thereof from the eastbound lane of the Turner Turnpike at 96th Street in Tulsa.

All access roads, interchanges, or lead roads connecting such turnpikes with existing highways must be built by funds furnished by the Authority.

The minimum and maximum wages for the construction of the roads, highways and projects provided for in Sections 1701 through 1734 of this title shall be in accordance with the schedules of wages used or adopted by the Commission in construction of state highways.

The Authority is hereby authorized to enter into contracts or agreements with agencies and instrumentalities of other states or the national government for construction, maintenance and operation of interstate turnpikes or highways.

The Authority is hereby required to construct and install automatic tollgates on the Will Rogers Turnpike at State Highway No. 28 near Adair.

(f)  To issue turnpike revenue bonds of the Authority, payable solely from revenues, including the revenues accruing to the trust fund created by Sections 1701 through 1734 of this title, for the purpose of paying all or any part of the cost of any one or more turnpike projects.  Provided that any bonds issued for the construction of the proposed turnpike referred to in subparagraphs (10), (20), (21) and (22) of paragraph (e) of this section shall be issued as one issue for all four of the proposed turnpikes and shall be financed, constructed and operated under one bond indenture.

(g)  To fix and revise from time to time tolls for the use of any turnpike projects.

Any common carrier having authority at the time of opening any turnpike project to operate upon a highway approximately paralleling the turnpike project shall be granted without further showing authority to operate over the turnpike project to all municipalities which such carrier is serving at the time the turnpike project is opened to traffic.  But nothing herein shall be construed as granting any new operation rights to any common carriers.

(h)  To acquire, hold, and dispose of real and personal property in the exercise of its powers and the performance of its duties.

(i)  To acquire in the name of the Authority 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 in manner hereinafter provided, such public or private lands, including public parks, playgrounds, or reservations, or parts thereof or rights therein, rights-of-way, property, rights, easements, and interests, as it may deem necessary for carrying out the provisions of Sections 1701 through 1734 of this title; provided, that all public property damaged in carrying out the powers granted by Sections 1701 through 1734 of this title shall be restored or repaired and placed in its original condition as nearly as practicable.

(j)  To designate, except as is provided for herein, the location, and establish, limit and control such points of ingress to and egress from each turnpike project as may be necessary or desirable in the judgment of the Authority to insure the proper operation and maintenance of such project, and to prohibit entrance to such project from any point or points not so designated.

(k)  To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers, and to employ consulting engineers, attorneys, accountants, construction and financial experts, 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 the proceeds of turnpike revenue bonds issued under the provisions of Sections 1701 through 1734 of this title or from revenues; provided, further, no attorney employed by the Authority, nor any member of any law firm of which he may be connected, shall ever be paid any fee or compensation for any special or extraordinary services.

(l)  To receive and accept from any federal agency grants for or in aid of the construction of any turnpike project, provided, the acceptance of such grants will not reduce the amount of federal aid for the construction, repair, or maintenance of farm-to-market roads and other highways and bridges in this state; and to receive and accept 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 grants and contributions may be made.

(m)  To adopt such rules, and to do any and all things necessary to comply with rules, regulations, or requirements of the Bureau of Public Roads, Multistate Economic Development Regional Commission, as defined in Sections 1151 through 1153, inclusive, of Title 74 of the Oklahoma Statutes, Ozarka Region Commission or any other federal agency administering any law enacted by the Congress of the United States to aid or encourage the construction of highways.

(n)  To do all things necessary or convenient to carry out the powers expressly granted in Sections 1701 through 1734 of this title.  The design standards for all paving shall comply with the design standards of the American Association of State Highway and Transportation Officials as modified by the Oklahoma