Oklahoma § 82-1283 - Contracts and agreement for purchase of district services

§ 82-1283. Contracts and agreement for purchase of district services

or products.

A. In order to accomplish the purposes of this act, any public

agency, subject to any applicable restrictions of Article X,

Sections 17, 26 and 27 of the Constitution of the State of Oklahoma,

may enter into and carry out contracts and agreements for the

purchase from the district of water, sewage and any other services

or products of the district.

B. Each such contract and agreement for the provision of water,

sewer or any other services to an existing public agency shall be

for such period and shall contain such other terms, conditions and

provisions, not inconsistent with the provisions of this act, as the

board of directors shall approve.

C. Each such contract and agreement may be pledged by the

district to secure its obligations and may provide that if one or

more public agencies defaults in the payment of its obligations

under such contract and agreement, the remaining public agencies

having such contracts and agreements shall be required to pay for

and shall be entitled proportionately to use or otherwise dispose of

the products and services which were to be purchased by the

defaulting public agency.

D. Each such contract and agreement shall be a limited

obligation of a public agency payable from and may be secured by a

pledge of and lien and charge upon, all or any part of the revenue

derived or to be derived from the ownership and operation of its own

water or sewage facility or system and, if so provided in such

contract or agreement, shall be an expense of operation and

Oklahoma Statutes - Title 82. Waters and Water Rights

maintenance thereof and shall not constitute an indebtedness of the

public agency for the purpose of any statutory limitation.

E. Nothing in this act shall be construed to preclude a public

agency from appropriating and using revenues received in any year to

make payments due or to comply with covenants to be performed during

that year under any contract or agreement entered into as

contemplated in this act.

F. Any such contract or agreement may include provisions for

the sale of services of a particular project or activity or for the

sale of services generally without regard to a specific project or

activity, or for the supply of a specific quantity of water or other

specific services, or a percentage thereof, or for the supply of

water or other services based upon the requirements of the purchaser

and on such other items and conditions as the board of directors and

the contracting or agreeing party deem appropriate.

G. In the event of any failure or refusal on the part of the

public agency to perform punctually any covenant or obligation

contained in any such contract, the district may enforce performance

by any legal or equitable process, including specific performance.

Added by Laws 1985, c. 353, § 10, emerg. eff. July 30, 1985.