Oklahoma § 82-882 - Judicial determination by Supreme Court of validity of

§ 82-882. Judicial determination by Supreme Court of validity of

bonds, contracts and other acts - Notice.

The district is authorized in its discretion to file an

application with the Supreme Court of Oklahoma for approval by said

court of any bonds to be issued under this act, or to file a

petition for a judgment determining the validity of any proposed

contract or action arising from the exercise of any of the powers,

rights, privileges and functions conferred upon the district under

this act; and exclusive original jurisdiction is hereby conferred

upon the Supreme Court to hear and determine each such application

or petition. It shall be the duty of the Court to give such

applications and petitions precedence over the other civil business

of the Court except habeas corpus proceedings, and to consider and

pass upon the applications and petitions and any protests which may

be filed thereto as speedily as possible. Notice of the hearing on

each application and petition shall be given by a notice published

in a newspaper of general circulation in the state that on a day

named the district will ask the Court to hear its application and

approve the bonds, or hear its petition and enter a declaratory

judgment. Such notice shall inform property owners, taxpayers,

ratepayers, citizens, and all persons having or claiming any right,

title, or interest in such matter or properties or funds to be

affected by the issuance of such bonds, or proposed contract or

action, or affected in any way thereby, that they may file protests

against the issuance of the bonds, or declaratory judgment, and be

present at the hearings and contest the legality thereof. Such

notice shall be published one time not less than ten (10) days prior

to the date named for the hearing and the hearing may be adjourned

from time to time in the discretion of the Court. If the Court

shall be satisfied that the bonds have been properly authorized in

accordance with this act and that, when issued, they will constitute

valid obligations in accordance with their terms, the Court shall

render its written opinion approving the bonds, and shall, upon

application of the district, also issue an order permanently

enjoining all persons described in the aforesaid notice from

thereafter instituting any action or proceeding contesting the

Oklahoma Statutes - Title 82. Waters and Water Rights

validity of such bonds, or of the rates, fees or charges authorized

to be charged for the payment thereof, or the pledge of revenues to

secure such payment, and shall fix the time within which a petition

for rehearing may be filed. If the Court shall be satisfied that

the proposed contract or action is in accordance with this act, the

Court shall enter a judgment approving and declaring such contract

or action to be valid, and shall, upon application of the district,

also issue an order permanently enjoining all persons described in

the aforesaid notice from thereafter instituting any action or

proceeding contesting the validity of such contract or action, and

shall fix the time within which the petition for rehearing may be

filed. The decision of the Court shall be a judicial determination

of the validity of the bonds, shall be conclusive as to the

district, its officers and agents, and thereafter the bonds so

approved and the revenues pledged to their payment shall be

incontestable in any court in the State of Oklahoma, and any

declaratory judgment on any contract or action of the district

entered pursuant to this section shall have the force and effect of

a final judgment or decree.

Laws 1957, p. 568, § 4.