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1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1440 By: Boren
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4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Oklahoma Turnpike Authority;
7 amending 69 O.S. 2021, Sections 1705, as amended by
8 Section 572, Chapter 486, O.S.L. 2025, and 1718 (69
8 O.S. Supp. 2025, Section 1705), which relate to the
9 Oklahoma Turnpike Authority; requiring certain
9 notice; mandating certain election to approve certain
10 route; providing for Authority to redesign certain
10 route upon certain election result; removing ability
11 of Authority to acquire property by condemnation;
11 requiring certain notice to be sent to certain real
12 property owners; repealing 69 O.S. 2021, Section
12 1722, which relates to property or facilities of
13 public utilities or common carriers; and providing an
13 effective date.
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14
15
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 69 O.S. 2021, Section 1705, as
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18 amended by Section 572, Chapter 486, O.S.L. 2025 (69 O.S. Supp.
18
19 2025, Section 1705), is amended to read as follows:
19
20 Section 1705. The Oklahoma Turnpike Authority is hereby
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21 authorized and empowered:
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22 (a) To adopt bylaws for the regulation of its affairs and
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23 conduct of its business.
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24 (b) To adopt an official seal and alter the same at pleasure.
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Req. No. 3091 Page 1
1 (c) To maintain an office at such place or places within the
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2 state as it may designate.
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3 (d) To sue and be sued in contract, reverse condemnation,
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4 equity, mandamus and similar actions in its own name, plead and be
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5 impleaded; provided, that any and all actions at law or in equity
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6 against the Authority shall be brought in the county in which the
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7 principal office of the Authority shall be located, or in the county
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8 of the residence of the plaintiff, or the county where the cause of
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9 action arose. All privileges granted to the Authority and duties
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10 enjoined upon the Authority by the provisions of Sections 1701
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11 through 1734 of this title may be enforced in a court of competent
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12 jurisdiction in an action in mandamus.
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13 (e) To construct, maintain, repair and operate turnpike
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14 projects and highways, with their access and connecting roads, at
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15 such locations and on such routes as it shall determine to be
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16 feasible and economically sound; provided, that until specifically
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17 authorized by the Legislature, the Authority shall be authorized to
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18 construct and operate toll turnpikes only at the following
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19 locations:
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20 (1) The Turner Turnpike between Oklahoma City and Tulsa.
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21 (2) The Southwestern (H.E. Bailey) Turnpike between Oklahoma
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22 City and Wichita Falls, Texas.
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23 (3) The Northeastern (Will Rogers) Turnpike between Tulsa and
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24 Joplin, Missouri.
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1 (4) The Eastern (Indian Nation) Turnpike between Tulsa and
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2 Paris, Texas, including all or any part thereof between McAlester
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3 and the Red River south of Hugo.
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4 (5) The Cimarron Turnpike between Tulsa and Interstate Highway
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5 35 north of Perry, including a connection to Stillwater.
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6 (6) The Muskogee Turnpike between Broken Arrow and Interstate
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7 Highway 40 west of Webbers Falls.
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8 (7) All or any part of an extension of the Muskogee Turnpike,
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9 beginning at a point on Interstate Highway 40 near the present south
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10 terminus of the Muskogee Turnpike, and extending in a southeasterly
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11 direction on an alignment near Stigler, Poteau and Heavener to the
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12 vicinity of the Arkansas State Line to furnish access to Hot
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13 Springs, Texarkana, Shreveport and New Orleans.
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14 (8) A tollgate on the Turner Turnpike in the vicinity of
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15 Luther, Oklahoma, and in the vicinity of the intersection of State
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16 Highway 33 and Turner Turnpike in Creek County, Oklahoma, or in the
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17 vicinity of the intersection of State Highway 33 and Turner Turnpike
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18 or U.S. Highway 66 in Creek County, Oklahoma, from any monies
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19 available to the Authority.
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20 (9) Add on the Will Rogers Turnpike a northbound automatic
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21 tollgate onto State Highway 28 and a southbound on-ramp from State
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22 Highway 28.
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23 (10) A turnpike or any part or parts thereof beginning in the
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24 vicinity of Duncan extending east to the vicinity of the City of
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1 Davis, and extending in a northeasterly direction, by way of the
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2 vicinity of the City of Ada, to a connection in the vicinity of
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3 Henryetta or in the vicinity of the intersection of State Highway 48
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4 and Interstate 40; and a turnpike or any part or parts thereof from
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5 the vicinity of Snyder extending north to the vicinity of Woodward.
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6 (11) A turnpike or any part or parts thereof beginning at a
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7 point in the vicinity of Ponca City, or at a point on the Kansas-
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8 Oklahoma state boundary line east of the Arkansas River and west of
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9 the point where Oklahoma State Highway No. 18 intersects said state
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10 boundary line, and extending in a southeasterly direction to a
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11 connection with the Tulsa Urban Expressway System in the general
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12 area of the Port of Catoosa.
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13 (12) All or any part of an Oklahoma City toll expressway system
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14 connecting the residential, industrial and State Capitol Complex in
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15 the north part of Oklahoma City with the residential, industrial and
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16 Will Rogers World Airport Complex in the south and southwest parts
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17 of Oklahoma City.
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18 (13) A turnpike (The Industrial Parkway) or any part or parts
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19 thereof beginning at a point on the Oklahoma-Kansas state boundary
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20 line between the point where U.S. Highway 66 intersects the boundary
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21 line and the northeast corner of Oklahoma and ending by means of a
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22 connection or connections with Shreveport, Louisiana, and Houston,
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23 Texas, in southeastern Oklahoma and at no point to exceed thirty
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24 (30) miles west of the Missouri or Arkansas border.
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1 (14) A turnpike or any part or parts thereof beginning in the
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2 vicinity of Velma or County Line to a point intersecting with
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3 Interstate 35 in the area south of Davis.
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4 (15) A turnpike or any part or parts thereof beginning in the
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5 vicinity of Watonga and extending south and/or east to the vicinity
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6 of north and/or west Oklahoma City.
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7 (16) A tollgate on the Will Rogers Turnpike near the
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8 intersection of State Highway 137 and the Will Rogers Turnpike,
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9 located south of Quapaw.
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10 (17) A tollgate on the Muskogee Turnpike in the vicinity of
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11 Porter, Oklahoma, a tollgate on the Will Rogers Turnpike in the
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12 vicinity of Adair, Oklahoma, a tollgate on the Turner Turnpike in
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13 the vicinity of Luther, Oklahoma, and a tollgate on the H.E. Bailey
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14 Turnpike at Elgin, Oklahoma, from any monies available to the
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15 Authority.
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16 (18) A tollgate on the Turner Turnpike in the vicinity of
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17 Wellston, Oklahoma, from any monies available to the Authority.
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18 (19) A tollgate on the Muskogee Turnpike in the vicinity of
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19 Brushy Mountain, Oklahoma, and in the vicinity of Elm Grove,
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20 Oklahoma, from any monies available to the Authority.
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21 (20) All or any part of an Oklahoma City Outer Loop expressway
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22 system beginning in the vicinity of I-35 and the Turner Turnpike and
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23 extending west into Canadian County and then south to I-40; and then
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24 south and east to I-35 in the vicinity of Moore and Norman; and then
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Req. No. 3091 Page 5
1 extending east and north to I-40 east of Tinker Field; and then
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2 extending north to the Turner Turnpike to complete the Outer Loop.
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3 (21) All or any part of the Tulsa south bypass expressway
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4 system beginning in the vicinity of the Turner Turnpike near Sapulpa
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5 and extending south and east to U.S. 75 in the vicinity of 96th
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6 Street to 121st Street; and then east across the Arkansas River to a
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7 connection with the Mingo Valley Expressway; and then south and/or
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8 east to a point on the Tulsa-Wagoner County Line near 131st Street
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9 south in the city of Broken Arrow.
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10 (22) A new turnpike or any part thereof from near the west gate
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11 of the Will Rogers Turnpike south to the west end of south Tulsa
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12 Turnpike at the Tulsa-Wagoner County Line.
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13 (23) A new turnpike or any parts thereof from the vicinity of
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14 the connection between State Highway 33 and U.S. 69 easterly to the
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15 Arkansas State Line.
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16 (24) A four-lane extension of the Muskogee Turnpike from
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17 Interstate Highway 40 west of Webbers Falls to the Poteau vicinity.
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18 (25) A new turnpike or any part or parts thereof beginning at a
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19 point in the vicinity of northwest Tulsa, and extending in a
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20 northwesterly direction, by means of a connection or connections
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21 with the cities of Pawhuska and Newkirk, to a point intersecting in
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22 the vicinity of U.S. Highway No. 77 and the Kansas State Line.
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23 (26) A full access interchange on the Indian Nation Turnpike
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24 south of Interstate 40, in the vicinity of Henryetta, Oklahoma, and
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1 in the vicinity of the proposed theme park, museum or an industrial
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2 facility which qualifies for the Oklahoma Quality Jobs Program Act,
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3 from any monies available to the Authority.
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4 (27) A new turnpike beginning at a point directly west of the
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5 Arkansas line and four-laning Highway 70 from that point to the
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6 farthest western reach of Highway 70 creating a southern route
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7 through Oklahoma.
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8 (28) A new turnpike and bridge or any parts thereof from a
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9 point in the vicinity of the city of Mustang southerly across the
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10 South Canadian River to the H.E. Bailey Turnpike in the vicinity of
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11 the city of Tuttle; and then easterly across the South Canadian
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12 River to a point in the vicinity of the city of Norman.
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13 (29) A new turnpike or any parts thereof beginning at a point
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14 in the vicinity of the city of Altus and extending in a
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15 northwesterly direction to a point in the vicinity of the city of
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16 Sayre.
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17 (30) A new turnpike or any parts thereof beginning at a point
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18 in the vicinity of the city of Enid and extending in a westerly
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19 direction to a point in the vicinity of the city of Woodward.
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20 (31) An on- and off-ramp or any parts thereof at Fletcher,
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21 Oklahoma, in the vicinity of the Interstate 44 and State Highway 277
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22 intersection. Any existing on- or off-ramp or any parts thereof in
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23 the vicinity of Fletcher, Oklahoma, shall not be removed and shall
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24 be maintained pursuant to Section 1701 et seq. of this title.
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1 (32) A new bridge crossing the Arkansas River between South
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2 Delaware Avenue and Memorial Drive in Tulsa County. This project
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3 shall commence upon a determination by the Oklahoma Transportation
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4 Authority that such bridge shall be self-sufficient at some point
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5 over a thirty-year time period from the toll charges associated with
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6 the bridge project.
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7 (33) An exit ramp or any parts thereof from the eastbound lane
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8 of the Turner Turnpike at 96th Street in Tulsa.
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9 (34) An on- and off-ramp or any parts thereof on the Cimarron
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10 Turnpike in the vicinity of the northside of the Glencoe, Oklahoma,
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11 municipal limits.
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12 (35) A new turnpike or any parts thereof beginning at
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13 Interstate 44 at or near its intersection with 49th West Avenue,
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14 past State Highway 64/412, turning northeasterly, crossing 41st West
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15 Avenue, and continuing eastward to the L.L. Tisdale Expressway in
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16 Tulsa, Oklahoma.
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17 The Authority's approval of any contract to undertake the design
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18 of a new route of an authorized turnpike project shall take place in
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19 an open and public meeting held in compliance with the Oklahoma Open
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20 Meeting Act. After such meeting, the Authority shall, within ninety
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21 (90) days, submit a report electronically to the Governor, the
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22 members of the Legislature, and to the elected officials of any
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23 municipality or county where the new route shall be located,
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24 inclusive of conceptual project maps and preliminary project
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1 details. Such report shall also be published on the website of the
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2 Authority.
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3 After receipt of such report, any municipality or county where
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4 the new route shall be located shall file a special resolution
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5 calling for an election to approve such route, as provided by
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6 Section 3-101 of Title 26 of the Oklahoma Statutes. The election
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7 shall be conducted in accordance with applicable election laws. The
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8 registered voters of the municipality or county shall vote on the
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9 question to approve such route by separate ballot, which shall be
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10 substantially in the following form:
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11 "For approval of the proposed turnpike route:
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12 ( ) Yes.
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13 ( ) No."
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14 After the results of such election have been certified, if the
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15 majority in any municipality or county is against the proposed
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16 turnpike route, the Authority shall revise the design of the route
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17 to avoid such municipality or county.
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18 All access roads, interchanges, or lead roads connecting such
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19 turnpikes with existing highways must be built by funds furnished by
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20 the Authority.
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21 The minimum and maximum wages for the construction of the roads,
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22 highways and projects provided for in Sections 1701 through 1734 of
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23 this title shall be in accordance with the schedules of wages used
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24 or adopted by the Commission in construction of state highways.
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1 The Authority is hereby authorized to enter into contracts or
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2 agreements with agencies and instrumentalities of other states or
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3 the national government for construction, maintenance and operation
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4 of interstate turnpikes or highways.
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5 The Authority is hereby required to construct and install
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6 automatic tollgates on the Will Rogers Turnpike at State Highway No.
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7 28 near Adair.
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8 (f) To issue turnpike revenue bonds of the Authority, payable
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9 solely from revenues, including the revenues accruing to the trust
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10 fund created by Sections 1701 through 1734 of this title, for the
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11 purpose of paying all or any part of the cost of any one or more
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12 turnpike projects. Provided that any bonds issued for the
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13 construction of the proposed turnpike referred to in subparagraphs
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14 (10), (20), (21) and (22) of paragraph (e) of this section shall be
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15 issued as one issue for all four of the proposed turnpikes and shall
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16 be financed, constructed and operated under one bond indenture.
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17 (g) To fix and revise from time to time tolls for the use of
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18 any turnpike projects.
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19 Any common carrier having authority at the time of opening any
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20 turnpike project to operate upon a highway approximately paralleling
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21 the turnpike project shall be granted without further showing
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22 authority to operate over the turnpike project to all municipalities
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23 which such carrier is serving at the time the turnpike project is
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1 opened to traffic. But nothing herein shall be construed as
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2 granting any new operation rights to any common carriers.
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3 (h) To acquire, hold, and dispose of real and personal property
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4 in the exercise of its powers and the performance of its duties.
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5 (i) To acquire in the name of the Authority by purchase or
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6 otherwise on such terms and conditions and in such manner as it may
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7 deem proper, or by exercise of the right of condemnation in manner
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8 hereinafter provided, such public or private lands, including public
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9 parks, playgrounds, or reservations, or parts thereof or rights
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10 therein, rights-of-way, property, rights, easements, and interests,
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11 as it may deem necessary for carrying out the provisions of Sections
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12 1701 through 1734 of this title; provided, that all public property
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13 damaged in carrying out the powers granted by Sections 1701 through
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14 1734 of this title shall be restored or repaired and placed in its
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15 original condition as nearly as practicable.
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16 (j) To designate, except as is provided for herein, the
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17 location, and establish, limit and control such points of ingress to
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18 and egress from each turnpike project as may be necessary or
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19 desirable in the judgment of the Authority to insure the proper
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20 operation and maintenance of such project, and to prohibit entrance
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21 to such project from any point or points not so designated.
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22 (k) To make and enter into all contracts and agreements
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23 necessary or incidental to the performance of its duties and the
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24 execution of its powers, and to employ consulting engineers,
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Req. No. 3091 Page 11
1 attorneys, accountants, construction and financial experts,
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2 superintendents, managers, and such other employees and agents as
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3 may be necessary in its judgment, and to fix their compensation;
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4 provided, that all such expenses shall be payable solely from the
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5 proceeds of turnpike revenue bonds issued under the provisions of
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6 Sections 1701 through 1734 of this title or from revenues; provided,
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7 further, no attorney employed by the Authority, nor any member of
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8 any law firm of which the attorney may be connected, shall ever be
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9 paid any fee or compensation for any special or extraordinary
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10 services.
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11 (l) To receive and accept from any federal agency grants for or
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12 in aid of the construction of any turnpike project, provided, the
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13 acceptance of such grants will not reduce the amount of federal aid
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14 for the construction, repair, or maintenance of farm-to-market roads
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15 and other highways and bridges in this state; and to receive and
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16 accept aid or contributions from any source of either money,
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17 property, labor, or other things of value, to be held, used, and
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18 applied only for the purposes for which such grants and
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19 contributions may be made.
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20 (m) To adopt such rules, and to do any and all things necessary
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21 to comply with rules, regulations, or requirements of the Bureau of
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22 Public Roads, Multistate Economic Development Regional Commission,
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23 as defined in Sections 1151 through 1153, inclusive, of Title 74 of
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24 the Oklahoma Statutes, Ozarka Region Commission or any other federal
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Req. No. 3091 Page 12
1 agency administering any law enacted by the Congress of the United
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2 States to aid or encourage the construction of highways.
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3 (n) To do all things necessary or convenient to carry out the
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4 powers expressly granted in Sections 1701 through 1734 of this
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5 title. The design standards for all paving shall comply with the
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6 design standards of the American Association of State Highway and
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7 Transportation Officials as modified by the Oklahoma Department of
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8 Transportation. All contracts for construction work on turnpike
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9 projects shall be let to the lowest responsible bidder, or bidders,
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10 after notice by publication in a newspaper published in the county
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11 where the work is to be done in two consecutive weekly issues of the
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12 newspaper. In all cases where more than eight (8) miles of
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13 construction is let at the same time and is not an advertisement for
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14 a surface-treatment-only project, such advertisement shall provide
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15 for bids on sections of the turnpike not to exceed eight (8) miles.
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16 If the project advertised is a surface-treatment-only project of
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17 more than twenty (20) miles of road, the advertisement shall provide
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18 for bids on sections of the road no longer than twenty (20) miles,
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19 as well as bids on the project as a whole. Subject to the following
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20 restrictions and limitations, the Authority shall, when contracting
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21 for construction work, divide such work into paving projects, bridge
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22 projects, including underpasses and overpasses, and earthmoving or
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23 miscellaneous projects, according to the type of work to be done.
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24 Each project shall be let under a separate contract or contracts and
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Req. No. 3091 Page 13
1 no contract or project shall include more than one of such types of
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2 construction work. Each contract for construction work shall
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3 contain a provision that ninety percent (90%) of all labor employed
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4 on the project shall be residents of Oklahoma. However, contracts
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5 for bridges may include earthwork and structures for the approaches
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6 thereto.
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7 (o) It shall be unlawful for any member, officer or employee of
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8 the Authority to transact with the Authority, either directly or
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9 indirectly, any business for profit of such member, officer, or
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10 employee; and any person, firm, or corporation knowingly
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11 participating therein shall be equally liable for violation of this
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12 provision.
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13 The term "business for profit" shall include, but not be limited
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14 to, the acceptance or payment of any fee, commission, gift, or
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15 consideration to such member, officer, or employee.
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16 Violation of this provision shall constitute a Class D1 felony
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17 offense punishable by incarceration as provided for in subsections B
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18 through F of Section 20N of Title 21 of the Oklahoma Statutes, or a
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19 fine of not less than Five Hundred Dollars ($500.00) and not more
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20 than Five Thousand Dollars ($5,000.00), or both such imprisonment
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21 and fine.
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22 (p) In the event of a national emergency, the Authority,
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23 subject to any vested rights or claims, may enter into contracts
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24 with the federal government or any authorized agency thereof to
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Req. No. 3091 Page 14
1 allow the federal government or agency thereof to use such turnpikes
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2 partly or exclusively during the existence of such emergency,
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3 provided, that the federal government agrees in such contract to
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4 pay, during the term of such contract, an amount sufficient, when
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5 added to any tolls collected, to meet all operating and maintenance
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6 expenses, interest payments, and the minimum sinking fund and
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7 reserve requirements of the trust agreement for the turnpike covered
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8 by the contract.
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9 (q) All meetings of the Authority shall be open public
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10 meetings, and all records shall be public records, except when
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11 considering personnel or litigation.
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12 SECTION 2. AMENDATORY 69 O.S. 2021, Section 1718, is
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13 amended to read as follows:
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14 Section 1718. A. The Authority is authorized in its discretion
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15 to file an application with the Supreme Court of Oklahoma for the
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16 approval of any bonds to be issued hereunder, and exclusive original
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17 jurisdiction is hereby conferred upon the Supreme Court to hear and
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18 determine each such application. It shall be the duty of the Court
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19 to give such applications precedence over the other business of the
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20 Court and to consider and pass upon the applications and any
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21 protests which may be filed thereto as speedily as possible.
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22 B. Notice of the hearing on each application shall be given by
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23 a notice published in a newspaper of general circulation in the
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24 state that on a day named the Authority will ask the Court to hear
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Req. No. 3091 Page 15
1 its application and approve the bonds, which shall be published one
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2 time not less than ten (10) days prior to the date named for the
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3 hearing. Notice shall also be given via certified mail to all real
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4 property owners within one (1) mile of the proposed project route to
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5 be bonded, which shall be broadly similar to the notice to be
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6 published in a newspaper of general circulation. Such notice shall
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7 inform all persons interested that they may file protests against
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8 the issuance of the bonds and be present at the hearing and contest
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9 the legality thereof.
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10 Such notice shall be published one time not less than ten (10)
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11 days prior to the date named for the hearing and the
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12 C. The hearing may be adjourned from time to time in the
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13 discretion of the Court.
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14 D. If the Court shall be satisfied that the bonds have been
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15 properly authorized in accordance with this article and that when
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16 issued, they will constitute valid obligations in accordance with
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17 their terms, the Court shall render its written opinion approving
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18 the bonds and shall fix the time within which a petition for
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19 rehearing may be filed. The decision of the Court shall be a
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20 judicial determination of the validity of the bonds, shall be
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21 conclusive as to the Authority, its officers and agents, and
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22 thereafter the bonds so approved and the revenues pledged to their
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23 payment shall be incontestable in any court in the State of
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24 Oklahoma.
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Req. No. 3091 Page 16
1 SECTION 3. REPEALER 69 O.S. 2021, Section 1722, is
1
2 hereby repealed.
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3 SECTION 4. This act shall become effective November 1, 2026.
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Req. No. 3091 Page 17Every fact on this page links to its source, starting with the official bill record.