Okla. Stat. tit. 11, § 11-35-203
This is the official text of Okla. Stat. tit. 11, § 11-35-203, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Procedure for sale or lease of public utility - Notice
Official statutory text
- Election.
The procedure for the sale or lease of a municipally-owned
public utility shall be as follows:
1. When the governing body of any municipality, as defined in
Section 35-201 of this title, desires to offer for sale or lease any
public utility belonging to the municipality, it shall authorize by
resolution the proper officers of the municipality to give notice
and advertise for bids. The notice shall state that on a specified
day the governing body will receive open bids for the sale or lease
of the public utility. The notice shall also state the requirements
for submission of bids, as provided in Section 35-204 of this title;
2. The notice shall be published in two (2) consecutive issues of a
Oklahoma Statutes - Title 11. Cities and Towns Page 313
newspaper of general circulation in the municipality. The two
publications shall be seven (7) days apart, and the first
publication of the notice shall be at least fifteen (15) days before
open bids will be received;
3. The municipal governing body shall receive bids on the
specified date and select the highest and best bid for the sale or
lease of the public utility, if satisfactory to the governing body;
4. After selecting the highest and best bidder, the governing
body shall, by ordinance, call for an election for the submission of
the following propositions to the registered voters of the
municipality:
a. the question of the proposed sale or lease of the
public utility to the highest and best bidder, and;
b. at the same time, the question of the granting of a
franchise to the bidder if such a franchise is required by the
Oklahoma Constitution.
The questions shall be submitted on the same day. If a franchise is
required by the Oklahoma Constitution, the sale of the utility shall
be conditioned upon the franchise being granted to the bidder by
vote of the people at the election. The election shall be conducted
in the manner provided by law for the granting of franchise; and
5. If the highest and best bidder for the public utility under
the procedure herein defined shall be the owner of a competing
utility operating under a valid franchise or permit, it shall be
necessary only to submit to the registered voters the question of
the sale of the municipal utility.
The procedure for the sale or lease of a municipally-owned
public utility shall be as follows:
1. When the governing body of any municipality, as defined in
Section 35-201 of this title, desires to offer for sale or lease any
public utility belonging to the municipality, it shall authorize by
resolution the proper officers of the municipality to give notice
and advertise for bids. The notice shall state that on a specified
day the governing body will receive open bids for the sale or lease
of the public utility. The notice shall also state the requirements
for submission of bids, as provided in Section 35-204 of this title;
2. The notice shall be published in two (2) consecutive issues of a
Oklahoma Statutes - Title 11. Cities and Towns Page 313
newspaper of general circulation in the municipality. The two
publications shall be seven (7) days apart, and the first
publication of the notice shall be at least fifteen (15) days before
open bids will be received;
3. The municipal governing body shall receive bids on the
specified date and select the highest and best bid for the sale or
lease of the public utility, if satisfactory to the governing body;
4. After selecting the highest and best bidder, the governing
body shall, by ordinance, call for an election for the submission of
the following propositions to the registered voters of the
municipality:
a. the question of the proposed sale or lease of the
public utility to the highest and best bidder, and;
b. at the same time, the question of the granting of a
franchise to the bidder if such a franchise is required by the
Oklahoma Constitution.
The questions shall be submitted on the same day. If a franchise is
required by the Oklahoma Constitution, the sale of the utility shall
be conditioned upon the franchise being granted to the bidder by
vote of the people at the election. The election shall be conducted
in the manner provided by law for the granting of franchise; and
5. If the highest and best bidder for the public utility under
the procedure herein defined shall be the owner of a competing
utility operating under a valid franchise or permit, it shall be
necessary only to submit to the registered voters the question of
the sale of the municipal utility.
Status: in_force · Read it on the official government site
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