1. A. While the legislative intent of the County Bridge and Road Improvement Act is to replace or reconstruct structurally obsolete bridges and roads on the county collector system, it is recognized that specific conditions may exist in a county justifying the need to reconstruct or replace a bridge or a road on a road section not included in the county collector system. In such specific instance, the Oklahoma Department of Transportation may approve a project not on the county collector system. Justification for such projects shall include use of the bridge or road for school bus routes, mail routes, heavy and extensive industrial or agricultural operations, or such other unique purposes as may be acceptable to the Department of Transportation. However, in all instances projects located on school bus routes shall have priority on funds provided for the implementation of this act. Right-of-way acquisition and utility relocation shall be the responsibility of the county in which the project is located. Monies received by counties pursuant to the County Bridge and Road Improvement Act may be used for right-of-way acquisition and utility relocation. B. When a county receives monies pursuant to the County Bridge and Road Improvement Act, a county shall give priority to reconstructing, replacing, or closing those bridges in the county that are rated less than three (3) tons or fifteen (15) tons or less for those bridges on school bus routes. Bridge and road replacement or reconstruction projects shall be selected by the individual boards of county commissioners with the concurrence of the Department of Transportation and shall be based on a countywide assessment of bridge and road reconstruction and replacement needs. Each request for project funds will be transmitted to the Department of Transportation in the form of an official programming resolution bearing the signatures of a majority of the county commissioners. Where more than one project is programmed in a single county, the board of county commissioners shall designate the priority in which it wishes the projects to be undertaken. C. These funds shall be apportioned among the various counties by the Transportation Commission on an equitable basis consistent with the identifiable bridge and road needs on the collector system in each county. D. On or before July 1 of each year, the Department of Transportation shall review the County Bridge and Road Program in each county. Said review shall examine the status of all programmed projects, funds carried over from previous fiscal year allocations, and funds anticipated to be available from future allocations. The purpose of the review is to estimate the rate of County Bridge and Road Fund utilization by the various counties and to assess the progress of the County Bridge and Road Program throughout the state.

Added by Laws 1980, HB 1819, c. 307, § 5, emerg. eff. June 17, 1980; Amended by Laws 1981, HB 1115, c. 68, § 2, emerg. eff. April 16, 1981; Amended by Laws 1984, HB 1534, c. 239, § 15, emerg. eff. July 1, 1984; Amended by Laws 1989, HB 1038, c. 44, § 3, emerg. eff. July 1, 1989; Amended by Laws 1989, HB 1613, c. 352, § 4, emerg. eff. July 1, 1989; Amended by Laws 1995, HB 1950, c. 25, § 1, eff. November 1, 1995; Amended by Laws 1997, HB 3038, c. 284, § 22, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 2001, HB 1781, c. 73, § 1, eff. November 1, 2001 (superseded document available); Amended by Laws 2004, HB 2274, c. 419, § 2, eff. November 1, 2004 (superseded document available); Amended by Laws 2006, SB 1390, c. 157, § 2, emerg. eff. May 15, 2006 (superseded document available).