A. For the purpose of paying the costs for acquisition, reimbursement and construction of real and personal property and making repairs, refurbishments and improvements to real and personal property, and providing funding for the herein enumerated capital projects at institutions of higher education which are part of The Oklahoma State System of Higher Education and for the purpose authorized in subsection B of this section, the Oklahoma Capitol Improvement Authority is hereby authorized to borrow monies on the credit of the income and revenues to be derived from the leasing of such real and personal property and improvements and, in anticipation of the collection of such income and revenues, to issue negotiable obligations in a total amount sufficient, after deduction of costs of issuance, reserves and cost of any credit enhancement, to generate Four Hundred Seventy-five Million Dollars ($475,000,000.00) in net proceeds to be expended on the projects enumerated herein whether issued in one or more series. Insofar as not in conflict with the provisions of this section, the provisions of Section 151 et seq. of Title 73 of the Oklahoma Statutes shall apply to the obligations issued under this section by the Oklahoma Capitol Improvement Authority. It is the intent of the Legislature to appropriate to the Oklahoma State Regents for Higher Education for allocation to the various institutions enumerated herein from the Oklahoma Education Lottery Trust Fund and from such other sources as may be necessary sufficient monies to make rental payments for the purposes of retiring the obligations created pursuant to this section. Bonds issued pursuant to this section shall be used for financing for the following projects in the indicated amounts:
1. Projects at the University of Oklahoma of approximately One Hundred Eight Million One Hundred Eighty Thousand Nine Hundred Fifty-six Dollars ($108,180,956.00) to include:
2. Projects at the Oklahoma State University of approximately Seventy-six Million One Hundred Sixty-eight Thousand Two Hundred Sixty-two Dollars ($76,168,262.00) to include:
3. Projects at Oklahoma State University Institute of Technology-Okmulgee of approximately Six Million Four Hundred Sixty-two Thousand Three Hundred Seventy Dollars ($6,462,370.00) to include:
4. Projects at the OSU College of Veterinary Medicine of approximately One Million One Hundred Seven Thousand Eight Hundred Thirty-five Dollars ($1,107,835.00) to include:
5. Projects at OSU-Oklahoma City of approximately Seven Million Three Hundred Eighty-five Thousand Five Hundred Sixty-six Dollars ($7,385,566.00) to include:
6. Projects at the OSU-Center for Health Science of approximately Four Million Sixty-two Thousand Sixty-one Dollars ($4,062,061.00) to include renovation of existing facilities;
7. Projects at OSU-Tulsa of approximately Twelve Million Nine Hundred Ninety-four Thousand Eight Hundred Sixty-two Dollars ($12,994,862.00) to include construction of an advanced technology research center;
8. Projects at the University of Central Oklahoma of approximately Nineteen Million Six Hundred Ninety-five Thousand Three Hundred Twenty-nine Dollars ($19,695,329.00) to include:
9. Projects at East Central University of approximately Ten Million Eight Hundred Ten Thousand One Hundred Eighty-two Dollars ($10,810,182.00) to include:
10. Projects at Northeastern State University of approximately Twenty-two Million Nine Hundred Seventy-two Thousand Seven Hundred Sixty Dollars ($22,972,760.00) to include:
11. Projects at Northwestern Oklahoma State University of approximately Six Million Eight Hundred Thirteen Thousand Four Hundred Thirty-two Dollars ($6,813,432.00) to include:
12. Projects at Rogers State University of approximately Thirteen Million Nine Hundred Twenty-two Thousand Seven Hundred Two Dollars ($13,922,702.00) to include:
13. Projects at Southeastern Oklahoma State University of approximately Ten Million Sixty-two Thousand Seven Hundred Fifty-eight Dollars ($10,062,758.00) to include:
14. Projects at Southwestern Oklahoma State University of approximately Twelve Million Three Thousand Sixty-five Dollars ($12,003,065.00) to include:
15. Projects at Cameron University of approximately Twelve Million Fifty-nine Thousand Two Hundred Forty-seven Dollars ($12,059,247.00) to include:
16. Projects at Langston University of approximately Eighteen Million Three Hundred Seventy Thousand One Hundred Eighty-seven Dollars ($18,370,187.00) to include:
17. Projects at Oklahoma Panhandle State University of approximately Seven Million Two Hundred Eighty Thousand Dollars ($7,280,000.00) to include:
18. Projects at the University of Science and Arts of Oklahoma of approximately Six Million Sixty-eight Thousand Eight Hundred Thirty-two Dollars ($6,068,832.00) to include:
19. Projects at Carl Albert State College of approximately Eight Million Six Hundred Forty-seven Thousand Six Hundred One Dollars ($8,647,601.00) to include:
20. Projects at Connors State College of approximately Seven Million Twenty-five Thousand Dollars ($7,025,000.00) to include:
21. Projects at Eastern Oklahoma State College of approximately Seven Million Nine Hundred Ten Thousand One Hundred One Dollars ($7,910,101.00) to include:
22. Projects at Murray State College of approximately Seven Million Twenty-five Thousand Dollars ($7,025,000.00) to include:
23. Projects at Northern Oklahoma College of approximately Fourteen Million Two Hundred Ninety-three Thousand Two Hundred Thirty-five Dollars ($14,293,235.00) to include:
24. Projects at Northeastern Oklahoma A&M College of approximately Six Million Dollars ($6,000,000.00) to include:
25. Projects at Oklahoma City Community College of approximately Fifteen Million Three Hundred Thirty-five Thousand One Hundred One Dollars ($15,335,101.00) to include:
26. Projects at Redlands Community College of approximately Six Million Seven Hundred Seventy Thousand Dollars ($6,770,000.00) to include:
27. Projects at Rose State College of approximately Eleven Million Seven Hundred Seventy-five Thousand Dollars ($11,775,000.00) to include construction of a Health Sciences Center;
28. Projects at Seminole State College of approximately Six Million Seven Hundred Fifty Thousand Dollars ($6,750,000.00) to include:
29. Projects at Tulsa Community College of approximately Sixteen Million Twenty-five Thousand Dollars ($16,025,000.00) to include:
30. Projects at Western Oklahoma State College of approximately Six Million Dollars ($6,000,000.00) to include:
31. Projects at the University Center of Southern Oklahoma of approximately Six Hundred Thousand Dollars ($600,000.00) to include:
32. Projects at the McCurtain County Higher Education Center of approximately Six Hundred Thousand Dollars ($600,000.00) to include renovation and expansion of chemistry laboratory and classroom and acquisition of equipment;
33. Projects at the Quartz Mountain Arts and Conference Center of approximately Three Million One Hundred Seventy-three Thousand Five Hundred Fifty-six Dollars ($3,173,556.00) to include:
34. Projects for the Oklahoma Climatological Survey of approximately Six Hundred Fifty Thousand Dollars ($650,000.00) to include acquisition and installation of equipment for the Oklahoma Mesonet to monitor atmospheric conditions in and around Oklahoma City.
B. To the extent funds are available from the proceeds of the borrowing authorized by subsection A of this section, the Oklahoma Capitol Improvement Authority shall provide for the payment of professional fees and associated costs related to the projects authorized in subsection A of this section.
C. The Oklahoma Capitol Improvement Authority may issue obligations in one or more series and in conjunction with other issues of the Oklahoma Capitol Improvement Authority. The Oklahoma Capitol Improvement Authority may issue short-term obligations in anticipation of the sale of the bonds authorized by this section and enter into such liquidity and other agreements as may be necessary to provide for the efficient financing of the projects. The Oklahoma Capitol Improvement Authority is authorized to hire bond counsel, financial consultants, and such other professionals as it may deem necessary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reserves as may be deemed necessary and to pay costs associated with the issuance and administration of such obligations.
D. The obligations authorized under this section may be sold at either competitive or negotiated sale, as determined by the Oklahoma Capitol Improvement Authority, and in such form and at such prices and bearing interest at a fixed or variable rate as may be authorized by the Oklahoma Capitol Improvement Authority. The Oklahoma Capitol Improvement Authority may enter into agreements with such credit enhancers and liquidity providers as may be determined necessary to efficiently market the obligations. The obligations may mature and have such provisions for redemption as shall be determined by the Oklahoma Capitol Improvement Authority.
E. Any interest earnings on funds or accounts created for the purposes of this section may be utilized as partial payment of the annual debt service or for the purposes directed by the Oklahoma Capitol Improvement Authority. The interest earnings in the construction funds created pursuant to this section shall be used by the Oklahoma Capitol Improvement Authority for the projects enumerated herein.
F. The obligations issued under this section, the transfer thereof and the interest earned on such obligations, including any profit derived from the sale thereof, shall not be subject to taxation of any kind by the State of Oklahoma, or by any county, municipality or political subdivision therein.
G. The Oklahoma Capitol Improvement Authority may direct the investment of all monies in any funds or accounts created in connection with the offering of the obligations authorized under this section. Such investments shall be made in a manner consistent with the investment guidelines of the State Treasurer. The Oklahoma Capitol Improvement Authority may place additional restrictions on the investment of such monies if necessary to enhance the marketability of the obligations.
H. The Oklahoma Capitol Improvement Authority is authorized to issue bonds, notes, or other obligations for the purpose of refinancing or restructuring obligations issued pursuant to this section. To the extent funds are available from the proceeds of the borrowing authorized by this subsection, the Oklahoma Capitol Improvement Authority shall provide for the payment of professional fees and associated costs approved by the Oklahoma State Bond Advisor. The Oklahoma Capitol Improvement Authority is authorized to hire bond counsel, financial consultants, and such other professionals as may be deemed necessary to provide for the efficient sale of the obligations and may utilize a portion of the proceeds of any borrowing to create such reserves as may be deemed necessary and to pay costs associated with the issuance and administration of such obligations. An issuance of bonds under this subsection may be undertaken to achieve an overall debt service savings, modify restrictive bond document covenants, or reduce payment requirements during periods of fiscal stress. To achieve these objectives, the Oklahoma Capitol Improvement Authority is authorized to extend the final maturity of outstanding obligations if necessary, but in no event shall the final maturity of an individual bond issue be extended more than ten (10) years without the approval of the Council of Bond Oversight. The obligations authorized under this subsection may be sold at either competitive or negotiated sale, as determined by the Oklahoma Capitol Improvement Authority, and in such form and at such prices as may be authorized by the Oklahoma Capitol Improvement Authority. The Oklahoma Capitol Improvement Authority may issue obligations in one or more series and may set such other terms and conditions as may be necessary in its judgment to achieve an efficient refinancing. The Oklahoma Capitol Improvement Authority may enter into agreements with such credit enhancers and liquidity providers as may be determined necessary to efficiently market the obligations, including the purchase of surety policies or other financial instruments to be utilized in lieu of reserve funds. The obligations may mature and have such provisions for redemption as shall be determined by the Oklahoma Capitol Improvement Authority. The Oklahoma Capitol Improvement Authority is hereby specifically authorized to purchase surety policies or other financial instruments to replace existing debt service reserves. Any payment for such policies or other instruments may be made from the cash reserves being replaced or any other legally available source.
I. Bonds issued pursuant to this section shall not be subject to the provisions of Section 3980.4 of this title.
Added by Laws 2005, c. 2, § 12, emerg. eff. March 31, 2005. Amended by Laws 2005, c. 218, § 12, emerg. eff. May 24, 2005; Laws 2005, c. 402, § 7, eff. July 1, 2005; Laws 2008, c. 54, § 6, eff. July 1, 2008; Laws 2012, c. 252, § 3, eff. July 1, 2012.