Oklahoma § 82-1106 - Port authority - Powers

§ 82-1106. Port authority - Powers

A port authority established pursuant to Section 1101 et seq. of

this title shall have full power and authority to:

1. Purchase, construct, reconstruct, sell, lease, operate, and

otherwise contract concerning docks, wharves, warehouses, piers, and

other port, terminal, industrial, or transportation facilities

within its jurisdiction consistent with the purposes of the port

authority, and to make charges for the use thereof;

2. Borrow money from either public or private financial

institutions, sources or any agency of the State of Oklahoma or of

the United States of America, and to issue therefor such notes or

other evidence of indebtedness as may be required and to mortgage,

Oklahoma Statutes - Title 82. Waters and Water Rights

pledge, or otherwise encumber the assets of the authority as

security therefor;

3. Apply for, receive, and participate in any grants from the

State of Oklahoma or from the United States of America;

4. Straighten, deepen, improve, construct, reconstruct, or

extend any canal, channel, river, stream, basin, or other

watercourse or way which may be necessary or proper in the

development of the facilities of the port;

5. Acquire, own, hold, sell, lease, operate, or otherwise

contract concerning real or personal property for the authorized

purposes of the port authority;

6. Acquire, own, maintain, sell, or lease land within its

jurisdiction as it may deem desirable for the development, planning,

construction, operation, or leasing of land or completed industrial

facilities for industrial use which is hereby declared to be for a

public purpose;

7. Apply to the proper authorities of the United States

pursuant to appropriate law for the right to establish, operate, and

maintain foreign trade zones within the limits prescribed by the

United States Foreign Trade Zones Board and to establish, operate,

and maintain such foreign trade zones;

8. Exercise the right of eminent domain to appropriate any

land, rights, rights-of-way, franchises, easements, or other

property, necessary or proper for the construction or the efficient

operation of any facility of the port authority and included in its

official plan, pursuant to the procedure provided by law for

railroad companies, if funds equal to the appraised value of the

property to be acquired as the result of such proceedings shall be

on hand and available for such purposes, except that nothing

contained in Sections 1101 to 1114, inclusive, of this title shall

authorize a port authority to take or disturb property or facilities

belonging to any public corporation, public utility, or common

carrier, which property or facilities are necessary and convenient

in the operation of the public corporation, public utility, or

common carrier, unless provision is made for the restoration,

relocating, or duplication of such property or facilities, or upon

the election of such public corporation, public utility, or common

carrier for the payment of compensation, if any, at the sole cost of

the port authority; provided that:

a.

if any restoration or duplication proposed to be made

hereunder shall involve a relocation of property or

facilities, the new facilities and location shall be

of at least comparable utilitarian value and

effectiveness and relocation shall not impair the

ability of the public utility or common carrier to

compete in its original area of operation,

Oklahoma Statutes - Title 82. Waters and Water Rights

b.

if any restoration or duplication made hereunder shall

involve a relocation of such property or facilities,

the port authority shall acquire no interest or right

in or to the appropriated property or facilities,

except as provided in paragraph 3 of this section,

until the relocated property or facilities are

available for use and until marketable title thereto

has been transferred to the public utility or common

carrier, and

c.

provisions for restoration or duplication shall be

described in detail in the resolution for

appropriation passed by the port authority;

9. Maintain such funds as it deems necessary;

10. Direct its agents or employees, when properly identified in

writing, and after at least five (5) days' written notice, to enter

upon lands within the confines of its jurisdiction in order to make

surveys and examinations preliminary to location and construction of

works for the purposes of the port authority, without liability of

the port authority or its agents or employees except for actual

damage done;

11. Sell or lease real and personal property not needed for the

operation of the port authority and grant easements or rights-of-way

over property of the port authority;

12. Promote, advertise, and publicize the port and its

facilities, provide traffic information and rate information to

shippers and shipping interests, and appear before rate making

authorities to represent and promote the interests of the port;

13. Repay grants or loans made prior to the effective date of

this act where the funds have been expended for a proper purpose of

the authority as originally authorized; and

14. Enter into cooperative agreements with one or more other

port authorities to exercise any of the powers or to perform any of

the duties conferred by this section. Cooperative agreements

authorized by this paragraph need not comply with the provisions of

the Interlocal Cooperation Act.

Added by Laws 1959, p. 392, § 6, emerg. eff. July 15, 1959. Amended

by Laws 1963, c. 305, § 3; Laws 1971, c. 335, § 1, emerg. eff. June

17, 1971; Laws 1997, c. 394, § 3, eff. Sept. 1, 1997; Laws 2011, c.

263, § 1.