Bill Number: OK51RHB 1034 Filed: 01-09-2007
Author: Cox
STATE OF OKLAHOMA
1 1st Session of the 51st Legislature (2007)
2 HOUSE BILL 1034 By: Cox
3 AS INTRODUCED
4 An Act relating to Grand River Dam Authority;
5 amending 82 O.S. 2001, Section 874, as amended by
6 Section 5, Chapter 234, O.S.L. 2005 (82 O.S. Supp.
7 2006, Section 874), which relates to the mortgage,
8 sale, lease, or other disposition of property; making
9 an exception to restrictions on encumbrance of Grand
10 River Dam Authority property; directing the Authority
11 to grant certain easements to adjacent landowners;
12 making easements subject to certain flowage easements
13 and covenants; providing for codification; and
14 declaring an emergency.
15 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
16 SECTION 1. AMENDATORY 82 O.S. 2001, Section 874, as
17 amended by Section 5, Chapter 234, O.S.L. 2005 (82 O.S. Supp. 2006,
18 Section 874), is amended to read as follows:
19 Section 874. [Nothing] Except as otherwise provided for in
20 Section 2 of this act, nothing in Sections 861 through 890 of this
21 title shall be construed as authorizing the district and it shall
22 not be authorized to mortgage or otherwise encumber any of its
23 property of any kind, real, personal or mixed, or any interest
24 therein, or to acquire any such property or interest subject to a
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1 mortgage or conditional sale, provided that this section shall not
2 be construed as preventing the pledging of the revenues of the
3 district as herein authorized. Nothing in Sections 861 through 890
4 of this title shall be construed as authorizing the sale, lease or
5 other disposition of any such property or interest of the district
6 by the district or any receiver of any of its properties or through
7 any court proceeding or otherwise. The district may sell for cash,
8 and subject to competitive bidding as provided by the Board, any
9 such property or interest in an aggregate value not exceeding the
10 sum of Five Hundred Thousand Dollars ($500,000.00) in any one (1)
11 year, except that the district may sell any or all surplus property
12 that the district may have acquired without regard to the
13 limitations herein, if the Board, by the affirmative vote of five of
14 the members thereof, shall have determined that the same is not
15 necessary to the business of the district and shall have approved
16 the terms of any such sale. The district may lease any of its lands
17 if the Board, by the affirmative vote of five of the members
18 thereof, shall have determined that the same can be leased without
19 injury to or without interference with the operations of the
20 project, and shall have approved the terms of any such lease. No
21 shorelands (lands lying between the low and high water marks) shall
22 be leased for a term longer than two (2) years and not more than
23 one-fourth (1/4) mile of the lake front shall be leased to any one
24 person, firm or corporation. The district may lease shorelands to
25 political subdivisions, agencies of the State of Oklahoma, or
26 tax-exempt public trusts, for any public purpose, on such terms as
27 are mutually satisfactory to the parties, notwithstanding the
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1 limitations expressed above. No lease shall deprive the owner of
2 any land adjacent to the shorelands or lake front, or abutting
3 thereon, of ingress or egress to and from the water of the lakes and
4 shall not deprive said owner of any wharf, dock or boat anchorage
5 privileges that would belong to said owner if said shorelands or
6 lake front were not leased, it being the intention of Sections 861
7 through 890 of this title that, except by sale, lease or agreement
8 as in Sections 861 through 890 of this title expressly authorized
9 or by grant of easement as provided for in Section 2 of this act,
10 no such property or interest shall ever come into the ownership or
11 control, directly or indirectly, of any person, firm or corporation
12 other than a public authority created under the laws of the State of
13 Oklahoma. Nothing in this section shall be construed as preventing
14 the district from contracting with the United States or any agency
15 thereof for the temporary possession, control and use of such
16 properties by the United States or any agency thereof for the safety
17 and defense of the United States in time of a national emergency or
18 in anticipation thereof. All property of the district shall be at
19 all times exempted from forced sale, and nothing in Sections 861
20 through 890 of this title contained shall authorize the sale of any
21 of the property of the district under any judgment rendered in any
22 suit, and such sales are hereby prohibited and forbidden. The
23 provisions of this section shall not apply to any sale agreement,
24 lease agreement or other agreement entered into by the district
25 pursuant to paragraphs (f) or (g) of Section 862 of this title,
26 provided that such agreement is in compliance with any applicable
27 provision restricting the sale or leasing of property by the
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1 district contained in any resolution of the district providing for
2 the issuance of revenue bonds.
3 SECTION 2. NEW LAW A new section of law to be codified
4 in the Oklahoma Statutes as Section 874.3 of Title 82, unless there
5 is created a duplication in numbering, reads as follows:
6 The Grand River Dam Authority is hereby directed to grant to
7 all owners of any lands adjacent to the shoreland or lake front, or
8 abutting thereon, a general all purpose easement covering any
9 property on and along the shoreline owned by the Authority, which
10 lies above seven hundred fifty (750) feet Sea Level Datum Elevation.
11 The easement granted by the Authority shall be subject to the
12 flowage easements and covenants therein held by the United States
13 for flood purposes.
14 SECTION 3. It being immediately necessary for the
15 preservation of the public peace, health and safety, an emergency is
16 hereby
17 declared to exist, by reason whereof this act shall take effect and
18 be in full force from and after its passage and approval.
19 51-1-5095 KB 12/26/06
20 Page 1
21 Req. No. 5095
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