Oklahoma § 62-431 - Sinking fund - Levy for - Readjustment of annual bond

§ 62-431. Sinking fund - Levy for - Readjustment of annual bond

accrual.

A. It shall be the duty of the officers of each municipal

corporation in the State of Oklahoma by law authorized to levy taxes

to make a levy each year for a sinking fund, which shall, with cash

actually on hand and lawful investments in such fund, excluding

taxes in process of collection, be sufficient to pay:

1. All the bonded indebtedness of such municipality coming due

prior to April 1 of the second ensuing fiscal year for which no

prior levy has been made;

2. The interest accrued but unpaid and to accrue on all

outstanding bonds of such municipality to April 1 of the second

ensuing fiscal year for which no prior levy has been made;

3. A sinking fund to pay any interest payable on the last and

final bond maturity coming due after June 30 of the ensuing fiscal

year but before the tax levy of the succeeding fiscal year may be

made and collected;

4. A sum, after reserving from said cash and investments on

hand for bond and bond-interest accruals as aforesaid and judgment

accruals theretofore levied for bonds unpaid, equal to one-third

(1/3) of the original amount of all outstanding judgments against

the municipality when one-third (1/3) or more of such judgment

remains due and unpaid, and in case less than one-third (1/3) of

such judgment remains due then for the entire amount of such

judgment yet remaining unpaid; and

5. The interest accrued but unpaid and to accrue on all

unsatisfied judgments within the ensuing fiscal year but not beyond

June 30 of such year.

B. The foregoing formula shall be applied by said taxing

officials each year in determining the amount necessary to raise by

tax levy for sinking fund purposes, independently of actions taken

in previous years; and, if by omission to make a levy which could

Oklahoma Statutes - Title 62. Public Finance

have been validly made for any judgment, bonds or interest coupons,

or where from any cause the cash and valid investments in the

sinking fund does not equal the accrual liabilities, it shall be the

duty of said taxing officials to readjust the annual bond accrual in

accordance with the foregoing formula in order that said bonds shall

be paid when due, save and except only that where the cash and valid

investments in the sinking fund at the close of any fiscal year,

after reserving for interest accrued and accruing under the priority

therefor as contained in Section 28 of Article X of the Oklahoma

Constitution, is insufficient to pay and retire any bonds matured or

to mature before another tax levy may be made and collected and no

action has been instituted to refund such matured bonds or to

convert them to judgment, it shall be the duty of said taxing

officials to include, in addition to interest thereon or aforesaid,

an accrual therefor in an amount equal to the bonds so matured or to

mature or the annual accrual first lawfully applicable to the issue

thereof, whichever is the lesser.

C. It is the sole intention of this section to require that the

pledge contained in Sections 26, 27 and 35 of Article X of the

Oklahoma Constitution, be fulfilled, and that sinking funds be

applied as provided by Section 28 of Article X of the Oklahoma

Constitution.

R.L.1910, § 6771; Amended by Laws 1933, c. 27, p. 57, § 1; Laws

1951, p. 170, § 1; Laws 1991, c. 73, § 2, eff. July 1, 1991; Laws

2006, c. 279, § 1, eff. Nov. 1, 2006.