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CHAPTER 61.

SENATE BILL NO. 89.

Correction of Tax Rolls

AN ACT providing for the correction of the Tax Rolls in certain Cases, for the refunding of certain Taxes illegally levied and heretofore collected, and authorizing an emergency Tax Levy to be voted for general city purposes under the conditions therein named and providing for elections for such purposes for future Fiscal Years, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
Taxation-Correction of Tax Rolls.

Section 1. In any county in this State, where a court of competent jurisdiction has held that Section 9692, Compiled Oklahoma Statutes, 1921, has been violated by attempting to levy for general city purposes for the fiscal year 1923-24 a tax in excess of 6 mills upon each dollar of taxable property subject to ad valorem tax in such city for the said year 1923-24, such tax having been spread of record upon the tax rolls of such county, it is hereby made the duty of the county assessor and the county treasurer of such county to immediately cancel said excess to the extent that such attempted levy exceeds 6 mills for general city purposes, and to correct and reform the tax rolls of such county to conform thereto;

Provided, that where any tax-payer has, prior to the taking effect of this Act, paid the 1923-24 taxes for general city purposes in excess of 6 mills, such excess shall be refunded by the county treasurer to the taxpayer paying the same, out of any funds then in, or thereafter coming into his hands belonging to said city for such fiscal year, and making the proper accounting and adjustment for the same, and shall thereon take from said tax-payer an original and carbon copy of receipt therefor, and shall deliver and file with the City Treasurer of said city, such original receipt, and shall retain said carbon copy thereof; provided, further, that any taxpayer entitled to such refund shall make demand for the same within six months from the date of the passage and approval of this Act.

Cities-Governing Board-Election.

Section 2. In any city affected by Section 1, of this Act, the Governing Body of such city, may by resolution, submit to the Electors of such city, at an election to be conducted in the manner in which elections for the issuance of bonds by a city are conducted, a proposed tax levy upon all property of said city subject to ad valorem tax in such city as shown by the 1923-24 tax rolls, sufficient to properly maintain the Government of said city during the remainder of the fiscal year 1923-24, and if a majority of the electors voting at an election to be held not less than ten days after the call therefor has been properly published, shall vote in favor of such proposed levy, then such proposed levy shall by the governing body of such city be certified to the County Treasurer of such county, and by said treasurer extended upon the tax-roll for the fiscal year ending June 30, 1924, against all property of said city subject to such tax, and the County Treasurer shall collect and distribute such taxes as other taxes for said city are collected and distributed; provided such proposed tax when added to the 6 mills heretofore lawfully levied for such purposes for the current year shall not exceed the amount authorized by the Charter of such city, if any amount is authorized therein, or the Constitution of the State; Provided, further, that a special election may be called in the same manner and for the same purpose as stated above during any fiscal year hereafter, and an additional tax for said purposes and within the same limitations, may be authorized, levied and collected for the current expenses of such city for said fiscal year. The electors mentioned in this section shall have the same qualifications as are required for electors voting at general elections in the State of Oklahoma.

Emergency.

Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 17, 1924.

CHAPTER 62.

SENATE BILL NO. 90.

Poor Farms.

AN ACT providing for the purchase of poor farms and erection of improvements thereon from that portion of the sinking fund of Counties, having a population of not less than 33,940 and not more than 33,950, according to the last preceding Federal Decennial Census, accruing by reason of the collection of penalties credited thereto. providing the conditions under which such funds may be used, legalizing the former expenditure of such funds for such purposes, and declaring an emergency.

DE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Poor Farms-Sinking Fund.

Section 1. That in addition to the use of penalties, interest or forfeitures, accrued or to accrue as penalties on delinquent taxes, placed to the credit of the sinking fund as provided by law, for the purpose of erecting or repairing County Court Houses or County jails in the various counties of the State, as is now provided by law, the Board of County Commissioners of Counties, having a population of not less than 33,940 and not more than 33,950, according to the last preceding Decennial Census of the State, may hereafter use such funds for the purpose of purchasing poor farms or for the purpose of erecting improvements thereon; provided that said expenditures shall not be made from the sinking fund until the Board of County Commissioners shall have filed an application in the District Court of such county for leave to expend such funds for such purposes, and after authority has been granted such Board to do so in an amount to be named in the order of the Court, such order to at no time include an expenditure in excess of the surplus on hand belonging to said sinking fund accruing by reason of the payment of such penalties. Said application shall name the amount desired to be expended from the sinking fund and may be heard and determined by the Court or Judge thereof, either in term time or vacation; provided further, that before hearing said application the same shall be filed in the court clerk's office and an order made by the Court or Judge thereof fixing the day of such hearing and providing notice of the time and place of hearing said application. Notice must be given for at least ten days before the day of hearing by being posted at the Court House door and published at least once in some newspaper of general circulation in the county. At such hearing any tax-payer of the county may appear and contest the application.

Board of Commissioners-Expenditures.

Section 2. The expenditure of any of the surplus money belonging to the sinking fund accruing to such counties by reason of the payment of penalties as provided by law, heretofore expended by the Board of County Commissioners of any county for the purpose of improvement of any poor farm purchased or improved as provided by law, is hereby legalized as if made and done in conformity with the provisions of this Act.

Emergency.

Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby de clared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 14, 1924.

CHAPTER 63.

SENATE BILL NO. 96.

Repayment of Illegal State Levy.

AN ACT amending Section 1, of House Bill No. 26, Chapter 140, of the Session Laws of 1923, relating to the repayment of the illegal one and one-half (11⁄2) mills state levy. and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Appropriation.

Section 1. That Section 1, of House Bill No. 26, Chapter 140, of the Session Laws of 1923, be amended to read as follows:

"Section 1. There is hereby appropriated out of any money in the Treasury of the State of Oklahoma, not otherwise appropriated, the sum of Two Million, One Hundred Fifty Thousand ($2,150,000.00) Dollars, or so much thereof as may be required to repay to the Treasurers of the various Counties of the State of Oklahoma, the one and one-half (11-2) mills, illegally collected by them and paid into the State Treasury."

Emergency.

Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 27, 1924.

CHAPTER 64.

SENATE BILL NO. 97.

Town of Seiling.

AN ACT to legalize the incorporation of the town of Seiling, in the County of Dewey. State of Oklahoma, and to legalize the election and proceedings of the Trustees and all other officers of said town, and other acts and doings of said officers, and declaring an emergency.

LE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

Town of Seiling-Incorporation Legalized.

Section 1. That the incorporation of the town of Seiling, in Dewey County, State of Oklahoma, is hereby legalized and made valid as if all acts required by the statutes of the State of Oklahoma, in relation to the incorporation of towns and villages, had been fully and completely complied with.

Same-Curative Act.

Section 2. That all acts heretofore done and all ordinances heretofore passed, by the Trustees of the town of Seiling, and by all ether officers thereof, which they could legally have done under the laws of the State of Oklahoma, had such town been legally and properly incorporated and had such Trustees and other officers been elected in strict conformity with all the laws of the State of Oklahoma, are hereby legalized and made, in all respects, valid and binding.

Emergency.

Section 3. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 11, 1924.

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CHAPTER 65.

SENATE BILL NO. 99.

Sinking Fund.

AN ACT granting power to the Board of County Commissioners, District Judge and County Judge of Counties, having a population of not less than 16,669 nor more than 16,689, according to the last preceding Federal Decennial Census, to use the sinking fund of the county, derived from penalties, interest and forfeitures accrued or to accrue, and in addition to use such funds as may be voted in said counties as an ad valorem tax, for the purpose of building court houses and jails and providing the method of procedure therefor, and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMΜΑ:

Board of County Commissioners Sinking Fund.

Section 1. That the Board of County Commissioners, District Judge and County Judge of all counties in this State, having a population of not less than 16,669 nor more than 16,689, according to the last preceding Federal Decennial Census may use for the purpose of erecting or re-building a court house or jail, or both, at the county seat, all or any portion of the sinking fund of the County derived from penalties, interest and forfeitures accrued, or to accrue, and in addition thereto, where a mill tax for court house or jail purposes has been, or may be voted by a majority of the qualified electors of said county covering a period of years, the County Commissioners, District Judge and County Judge of said county, may make an estimate of the amount that the said levy, together with the sinking fund, interest and penalties so derived will raise during the entire period of time for which said mill levy has been or may be voted, based on the average valuation of the property in said county for the last past five (5) years and may contract for and cause to be erected a court house and jail, or either in said county, at the county seat thereof, and may draw warrants against said estimate in payment therefor, which shall be a legal charge against said county, payable out of the fund thus derived. Said warrants to be issued in amount not to exceed One Thousand ($1,000.00) Dollars each, and when funds accumulate in the County Treasury to the credit of said fund, sufficient to pay one or more of said warrants, the County Treasurer shall give notice by publication in a newspaper published in said county that the money is available to pay said warrant, or warrants, giving the number and date of said warrant, or warrants, and unless said warrant, or warrants, are presented for payment within thirty days from the said date of said publication, said warrant, or warrants, so advertised, shall cease to draw interest. Said contract for the building as aforesaid shall be approved by all the County Commissioners, District Judge and County Judge of said County.

Emergency.

Section 2. It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this Act shall take effect and be in full force from and after its passage and approval.

Approved March 14, 1924.

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