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Bond proposal for Tulsa dam project is ruled unconstitutional

The Oklahoma Supreme Court has ruled that a $25 million bond issue to pay for repairs to a dam owned by the city of Tulsa would be nothing more than a gift to the city and surrounding area and would violate the state constitution.
BY MICHAEL MCNUTT Modified: November 20, 2012 at 8:53 pm •  Published: November 21, 2012

Federal funds never were approved, and the project stalled. In January, plans were announced to use the $25 million bond issue to raise the level of Zink Dam in Tulsa by 3 feet so that a city park could be developed for residential purposes.

Anderson said the new use is not what the Legislature originally intended.

The state constitution forbids using state money for a purpose other than that intended by the Legislature, he said in his argument before the Supreme Court. It also prohibits the state from making gifts and forbids creating a debt without a vote of the people.

Assistant Attorney General David Kinney, representing the Oklahoma Capitol Improvement Authority, which would issue the bonds, argued the project would serve a valid public purpose. He said the project addressed safety and tourism issues as well as sparking economic development in the area.

Justices during the Nov. 8 hearing said they were concerned the purpose for the bond issue had changed. Kauger said then she was concerned the project was limited to benefit the Tulsa area.

