Bd. of Ed. of Western Heights Independent School Dist. No. 41, Oklahoma County, In re, Application of, No. 50829
| Court | Supreme Court of Oklahoma |
| Writing for the Court | BARNES |
| Citation | 565 P.2d 677 |
| Parties | In re APPLICATION OF BOARD OF EDUCATION OF WESTERN HEIGHTS INDEPENDENT SCHOOL DISTRICT NO. 41, OKLAHOMA COUNTY, Oklahoma, for Validation of $2,400,000 in School Building Bonds and Results of the Election Authorizing the Issuance Thereof. |
| Docket Number | No. 50829 |
| Decision Date | 09 June 1977 |
Page 677
INDEPENDENT SCHOOL DISTRICT NO. 41, OKLAHOMA COUNTY,
Oklahoma, for Validation of $2,400,000 in School Building
Bonds and Results of the Election Authorizing the Issuance Thereof.
Page 678
Floyd, Brandenburg & Rogers by Glenn E. Floyd and Lynn C. Rogers, Norman, for applicant, Board of Education of Western Heights Independent School District No. 41.
BARNES, Justice:
This is an original action in the form of an Application to Assume Original Jurisdiction and for the approval of $2,400,000 school bonds to be issued by Applicant, Board of Education of Western Heights Independent School District No. 41, Oklahoma County, Oklahoma, and for validation of the election authorizing issuance of said bonds.
Applicant Board is a public body and the governing board of the subject school district, whose members are duly qualified, elected, and acting, pursuant to 70 O.S.1971, §§ 1-115, 5-106, et seq. By resolution adopted December 6, 1976, Applicant authorized the calling and holding of an election in Independent School District No. 41 for the purpose of submitting to the qualified electors the question of the issuance of bonds to provide funds for the purpose of constructing two new buildings, a gymnasium and an auditorium.
Between December 6, 1976, and January 25, 1977, the issue was widely publicized in the community through newspaper articles, brochures distributed to voters and school patrons, articles in the newsletter of the Superintendent of Schools, and in various public meetings, explaining in detail the proposed new gymnasium and auditorium, their cost, the need for them, the method of financing, and soliciting voter approval.
The election was conducted January 25, 1977, after publication of the proclamation and notice of election and compliance with all other applicable provisions of Oklahoma law in effect prior to January 1, 1977. The question passed by a majority in excess of the required three-fifths, to-wit, by a vote of 502-51, amounting to approval by a 90.7 per cent majority of the votes cast in favor of issuance of the bonds and levying tax sufficient for their repayment.
Pursuant to the election, Applicant adopted a resolution authorizing the sale of the bonds and caused a notice of sale to be published as required by law. Applicant determined the lowest and best bid to be within required limits, and entered into a contract with the successful bidder, Guaranty Bank and Trust Company, Oklahoma City, Oklahoma, hereinafter referred to as "purchaser bank", upon the fulfillment of the terms as set out in the contract and bid for the purchase of said bonds. That contract was entered into contingent upon approval by the Attorney General and an opinion of legality by bond counsel for the purchaser bank.
Upon first examination of the transcript of bond proceedings, by attorneys for the purchaser bank, it was discovered and pointed out to Applicant that certain variations existed between the manner in which the election was conducted and provisions of the Oklahoma Bond Issue Proceeds Act, 62 O.S., § 571 et seq. (1976 Supp.). In the notice of election and in the proposition printed on the ballot, no specification was made that at least 70% of the proceeds would be used for certain named projects, nor were the specific projects set out with a dollar amount listed for each, as required by the Act.
The Oklahoma Bond Issue Proceeds Act became effective January 1, 1977, prior to the time of the election herein. The Act, by its terms, was intended to assure citizens that proceeds of bond issues approved by them will be expended only for the purposes or projects for which the issue was approved. Applicant's...
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Keating v. Johnson, No. 86628
...Halstead v. McHendry, 566 P.2d 134, 136 (Okla.1977); In re Application of Bd. of Ed. of Western Heights Indep. School Dist. No. 41, 565 P.2d 677, 679 (Okla.1977); Matter of Suntide Inn Motel, Oklahoma City, 563 P.2d 125, 127 (Okla.1977), overruled on other grounds by Indep. School Dist. No.......
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Initiative Petition No. 317, State Question No. 556, In re, No. 57824
...Two Oklahoma cases, Green v. Board of Commissioners, 126 Okl. 300, 259 P. 635 (1927) and In Re Application of the Board of Education, 565 P.2d 677 (Okl.1977) 7 support the proposition that proceedings commenced under a statute later repealed shall continue under the repealed statute even to......
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Prudential Property and Cas. Co. v. Grimes, No. 66589
...In more recent times we re-examined Art. 5, Section 54 in In re Application of Bd. of Education of Western Heights School District, 565 P.2d 677 (Okl.1977). Therein we held that a bond election called prior to a change in the law, but held after the change, was valid. Relying much on Green ......
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First Nat. Bank of Pauls Valley v. Crudup, No. 55055
...to approve a bond issue. In re Application of Bd. of Ed. of Western Heights Independent School Dist. No. 41, Oklahoma County, Okl., 565 P.2d 677, 680 [1977]. The term "proceedings begun" was applied to the calling of an election to authorize bonds for road improvement. Legislation......
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Keating v. Johnson, No. 86628
...Halstead v. McHendry, 566 P.2d 134, 136 (Okla.1977); In re Application of Bd. of Ed. of Western Heights Indep. School Dist. No. 41, 565 P.2d 677, 679 (Okla.1977); Matter of Suntide Inn Motel, Oklahoma City, 563 P.2d 125, 127 (Okla.1977), overruled on other grounds by Indep. School Dist. No.......
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Initiative Petition No. 317, State Question No. 556, In re, No. 57824
...Two Oklahoma cases, Green v. Board of Commissioners, 126 Okl. 300, 259 P. 635 (1927) and In Re Application of the Board of Education, 565 P.2d 677 (Okl.1977) 7 support the proposition that proceedings commenced under a statute later repealed shall continue under the repealed statute even to......
-
Prudential Property and Cas. Co. v. Grimes, No. 66589
...In more recent times we re-examined Art. 5, Section 54 in In re Application of Bd. of Education of Western Heights School District, 565 P.2d 677 (Okl.1977). Therein we held that a bond election called prior to a change in the law, but held after the change, was valid. Relying much on Green ......
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First Nat. Bank of Pauls Valley v. Crudup, No. 55055
...to approve a bond issue. In re Application of Bd. of Ed. of Western Heights Independent School Dist. No. 41, Oklahoma County, Okl., 565 P.2d 677, 680 [1977]. The term "proceedings begun" was applied to the calling of an election to authorize bonds for road improvement. Legislation amending ......