Oklahoma § 62-891.14 - Submitting tax questions to county voters

§ 62-891.14. Submitting tax questions to county voters

A. As used in this section:

1. “Authority” means the Oklahoma Development Finance

Authority;

2. “Eligible local government entity” means:

a.

a city,

b.

a town,

c.

a county,

d.

any combination of cities, towns, or counties, or

e.

a public trust with a beneficiary or beneficiary which

is a city, town, county or some combination of such

entities as authorized by Section 176 of Title 60 of

the Oklahoma Statutes;

3. “Existing levy” means a tax or other revenue raising

mechanism approved by the voters of a county, city or town prior to

the effective date of this act;

4. “Municipality” means an incorporated city or town; and

5. “Pooled financing” means the use of municipal revenues,

derived from a levy imposed pursuant to the authority of Section

2701 of Title 68 of the Oklahoma Statutes, available to one or more

municipalities or county revenues, derived from a levy imposed

pursuant to the authority of Section 1370 of Title 68 of the

Oklahoma Statutes, based upon the local government entity

participating in a pooled financing.

B. Subject to the requirements of Section 1370 of Title 68 of

the Oklahoma Statutes, one or more counties may submit to the

respective voters of each such county the question of whether to

impose a tax not previously imposed, authorized by Section 1370 of

Title 68 of the Oklahoma Statutes, in order to provide revenues to

Oklahoma Statutes - Title 62. Public Finance

repay indebtedness incurred by the Authority for the purposes

authorized by the Oklahoma Community Economic Development Pooled

Finance Act. The provisions of this subsection shall be applicable

to any one or more counties participating in a pooled financing,

regardless of whether any other county, subject to voter approval,

will be imposing a tax levy to be used for the purposes of this act

for the first time or whether any one or more of such counties,

subject to voter approval, will be modifying the purposes of an

existing tax levy to allow revenues to be used for the purposes of

this act.

C. Subject to the requirements of Section 1370 of Title 68 of

the Oklahoma Statutes, one or more counties may submit to the

respective voters of each such county the question of whether to

modify an existing tax levy, previously approved by the voters of

such county, in order to allow the use of some part or all of the

proceeds from the existing tax levy in order to provide revenues to

repay indebtedness incurred by the Authority for the purposes

authorized by this act. The provisions of this subsection shall be

applicable to any one or more counties participating in a pooled

financing, regardless of whether any other county, subject to voter

approval, will be imposing a tax levy to be used for the purposes of

this act for the first time or whether any one or more of such

counties, subject to voter approval, will be modifying the purposes

of an existing tax levy to allow revenues to be used for the

purposes of this act.

D. Counties may submit questions authorized by this section

regardless of whether the counties are contiguous or adjacent to one

another.

E. A county that submits a question for the imposition of a

dedicated tax levy or the modification of an existing tax levy

pursuant to the provisions of this section shall specify the type of

tax levy and the rate of the levy in the question submitted which

shall be clearly identified by the wording of the ballot.

F. A county may impose a different tax levy or the same type of

levy at a different rate than the other counties or a different levy

or at a different rate than a participating municipality or

municipalities submitting a pooled financing question to the

respective voters of the participating jurisdictions.

G. The duration of the levy shall be identical in all questions

submitted for voter approval and shall not exceed twenty-five (25)

years.

H. The ballot for a pooled financing pursuant to the provisions

of this act shall clearly indicate:

1. That the revenues from the tax levy are to be used for the

payment of principal, interest and other costs of borrowing

authorized by the provisions of this act;

2. The duration of the obligations to be repaid; and

Oklahoma Statutes - Title 62. Public Finance

3. The projects or assets to be acquired, constructed,

improved, maintained or otherwise used by the county as a result of

the imposition of the levy.

I. Revenues derived from a tax levy imposed pursuant to the

provisions of this section shall be paid by the county to the

Community Economic Development Pooled Finance Revolving Fund created

pursuant to Section 15 of this act.

J. No tax levy imposed pursuant to the provisions of this

section shall be repealed until such time as the indebtedness is

fully repaid. In no event shall the duration of the levy be

extended beyond the duration approved by the voters of the county.

Added by Laws 2009, c. 309, § 14, eff. July 1, 2009.