Oklahoma Code § 11-38-117

Title 11. Cities And Towns: Organization of urban redevelopment corporations -
Open in Lexace · Ask the AI about this section
Powers, duties and obligations.
A.  Corporations referred to in this article as urban
redevelopment corporations shall be organized in the following
manner: The articles of agreement or association shall be prepared,
subscribed and acknowledged, and filed in the office of the
Secretary of State pursuant to the general corporation laws of the
state and shall contain:  (1) The name of the proposed corporation,
which must have the words "redevelopment corporation" as a part
thereof; (2) The purposes for which it is formed, which shall be to
acquire, construct, maintain and operate a redevelopment project or
redevelopment projects in accordance with the provisions of this
article; (3) The amount of the capital stock, and if any be
preferred stock, the preference thereof; (4) The number of shares of

which the capital shall consist, all of which shall have a par
value; (5) The municipality in which its principal business office
is to be located; (6) Its duration, which shall not exceed ninety-
nine (99) years; (7) The number of directors, which shall not be
less than three (3), nor more than thirteen (13); (8) The names and
post office addresses of the directors for the first year, at least
one of whom shall be a resident of the State of Oklahoma; (9) The
names and post office addresses of the subscribers to the articles
of association or agreement; (10) A provision that in the event that
income debenture certificates are issued by a corporation, the
owners thereof shall have the same right to vote as they would have
if possessed of certificates of stock of the amount and par value of
the income debenture certificates held by them. The articles may
provide for the retirement of income debenture certificates or
preferred stock of the corporation as and when there shall be funds
available in the treasury of the corporation from the receipt of
amortization of sinking fund installments for that purpose; and (11)
A declaration that the corporation has been organized to serve a
public purpose; that all real estate acquired by it and all
structures erected by it are to be acquired for the purpose of
promoting the public health, safety, and welfare, and that such
corporation is organized for the purpose of clearing, replanning,
reconstructing or rehabilitating blighted areas, and the
construction of such industrial, commercial, residential or public
structure as may be appropriate including provisions for
recreational and other facilities incidental or appurtenant thereto.
B.  No corporation now organized under the laws of this state shall
change its name to a name, and no such corporation hereafter
organized shall have a name, containing the word "redevelopment" as
a part thereof except as provided in this article.  No foreign
corporation now authorized to do business in this state shall change
its name to a name, and no such corporation shall hereafter be
authorized to do business in the state with a name, containing the
word "redevelopment" as a part thereof.
C.  An urban redevelopment corporation may operate under this
article on one or more redevelopment projects and, with respect to
each such project, shall have such rights, powers, duties, and
immunities and obligations, not inconsistent with the provisions of
this article, as may be granted to it by an agreement to operate and
to execute an urban renewal plan or any portion thereof.  The
agreement to operate may be entered between the redevelopment
corporation and any municipality or Urban Renewal Authority.  The
agreement shall provide, among other things, that the corporation is
to carry out the purposes of the urban renewal plan for the project
area, and to devote such property as it may acquire, to uses
specified in the urban renewal plan and shall contain provisions
deemed to be necessary or desirable to assist in preventing the

development or spread of future blight or otherwise carry out the
purposes of this article.  The agreement shall contain such
requirements as the municipality or Urban Renewal Authority may
determine to be in the public interest, including the obligation to
begin to execute the redevelopment plan within a reasonable time.
The agreement to operate may provide that the redevelopment
corporation is to prepare a renewal plan; however, execution of the
plan shall not proceed until such plan is adopted by the
municipality as required in this article.  The agreement may require
the redevelopment corporation to furnish a performance bond for an
amount to be determined by the municipality or the Urban Renewal
Authority whichever the case may be.
D.  The provisions of the general corporation law, as presently
in effect and as hereafter from time to time amended, shall apply to
urban redevelopment corporations, except where such provisions are
in conflict with the provisions of this article.
E.  In the event that any action with respect to which the
holders of income debentures shall have the right to vote is
proposed to be taken, notice of any meeting at which such action is
proposed to be taken shall be given to such holders in the same
manner and to the same extent as if they were stockholders entitled
to notice of and to vote at such meeting.  Any articles filed
pursuant to law in the office of the Secretary of State with respect
to any such action, and any affidavit required by law to be annexed
to such articles shall contain the same statements or recitals.  The
articles shall be subscribed and acknowledged, and such affidavit
shall be made, in the same manner as if such debenture holders were
stockholders holding shares of an additional class of stock entitled
to vote on such action, or with respect to the proceedings provided
in such document.
F.  An urban redevelopment corporation shall establish and
maintain depreciation, obsolescence, and other reserves, also
surplus and other accounts, including, among others, a reserve for
the payment of taxes according to recognized standard accounting
practices.
G.  No urban redevelopment corporation shall pay any interest on
its income debentures or dividends on its stock during any dividend
year unless there shall exist at the time of such payment no default
under any amortization requirements with respect to its
indebtedness, or unless all accrued interest, taxes and other public
charges shall have been duly paid or reserves set up for payment
therefor, and adequate reserves provided for depreciation,
obsolescence and other proper reserves.
H.  The real property, title of which is vested in an urban
redevelopment corporation, shall be subject to the payment of
general ad valorem taxes imposed by the state or any political
subdivision thereof.

I.  Notwithstanding any requirement of law to the contrary, or
the absence of direct provision therefor in the instrument under
which a fiduciary is acting, any of the following persons,
partnerships, or corporations, and public bodies or public officers,
owning or holding any real property within any blighted area
proposed to be cleared or redeveloped by an urban redevelopment
corporation, may grant, sell, lease or otherwise transfer any such
real property to an urban redevelopment corporation, and receive and
hold any cash, mortgages, or other securities or obligations
exchanged therefor by such urban redevelopment corporation, and may
execute such instruments and do such acts as may be deemed necessary
or desirable by them or to and by the urban redevelopment
corporation in connection with the execution of any urban renewal
plan: (1) Every executor, administrator, trustee, guardian or any
other person holding trust funds or acting in a fiduciary capacity,
unless the instrument under which such fiduciary is acting expressly
forbids; (2) The state, its subdivisions, municipalities, all other
public bodies, and all public officers; (3) Persons, partnerships
and corporations, organized under or subject to the provisions of
the banking and trust laws (including savings banks, savings and
loan associations, trust companies, private bankers and private
banking corporations); (4) The State Bank Commissioner or the
Commissioner of Securities as conservator, liquidator, or
rehabilitator of any such person, partnership, or corporation.
J.  An urban redevelopment corporation may acquire real property
or secure options in its own name or in the name of nominees, or it
may acquire real property by gift, grant, lease, purchase, lease-
purchase, or otherwise.
K.  When title to real property has been vested in an urban
redevelopment corporation, the urban redevelopment corporation may
agree with the previous owners of such property, or any tenants
continuing to occupy or use it, or any other persons who may occupy
or use or seek to occupy or use such property, that such former
owner, tenant, or other persons may occupy or use such property upon
the payment periodically of an agreed sum of money.  Such occupation
or use shall not be construed as a tenancy from month to month, nor
require the giving of notice by the urban redevelopment corporation
for the termination of such occupation or use of the right to such
occupation or use, but immediately upon the expiration of the term
for which payment has been made the urban redevelopment corporation
shall be entitled to possession of the real property and may
maintain an action for either unlawful detainer or ejectment for the
purpose of recovering immediate possession thereof.
L.  An urban redevelopment corporation may borrow funds and
secure the repayment thereof by mortgage which shall contain
reasonable amortization provisions and shall be a lien upon no other
real property except that forming the whole or a part of a single

development area.  Certificates, bonds and notes, or part interest
therein, or any part of an issue thereof, which are secured by a
first mortgage on the real property in an urban renewal area, or any
part thereof, shall be securities in which all the following
persons, partnerships, or corporations and public bodies or public
officers may legally invest the funds within their control: (1)
Every executor, administrator, trustee, guardian, committee or other
person or corporation holding trust funds or acting in a fiduciary
capacity; (2) Persons, partnerships and corporations organized under
or subject to the provisions of the banking law (including savings
banks, savings and loan associations and trust companies); (3) The
State Bank Commissioner or the Commissioner of Securities as
conservator, liquidator, or rehabilitator of any such person,
partnership or corporation; (4) Persons, partnerships, or
corporations organized under or subject to the provisions of the
insurance law; (5) Fraternal benefit societies; and (6) The State
Commissioner of Insurance as conservator, liquidator, or
rehabilitator of any such person, partnership or corporation.  Any
mortgage on the real property in an urban renewal area, or any part
thereof, may create a first lien, or a second or other junior lien,
upon such real property.
M.  Any urban redevelopment corporation may lease, sell, grant,
dedicate or otherwise dispose of any or all of the real property
acquired by it for the purposes of a redevelopment project.  In the
event of the sale by reason of foreclosure or other disposition of
real property of any urban redevelopment corporation by voluntary
transfer or otherwise, or by reason of the foreclosure of any
mortgage or other lien, through insolvency or bankruptcy
proceedings, by order of any court of competent jurisdiction, by
voluntary transfer or otherwise, the purchaser of such real property
of such redevelopment corporation shall continue to use, operate and
maintain such real property in accordance with the provisions of the
urban renewal plan.
N.  Any urban redevelopment corporation may accept grants or
loans of money from the Federal Government or any department or
agency thereof.
O.  Any corporation organized under the laws of the State of
Oklahoma, or admitted to do business in the State of Oklahoma, shall
have power to purchase shares of stock of an urban redevelopment
corporation organized under the provisions of this article.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.