Okla. Stat. tit. 19, § 19-1238
This is the official text of Okla. Stat. tit. 19, § 19-1238, part of Oklahoma’s Stat. tit. 19, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 19,." Browse the sections below, each linked to its official government source.
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Resolution of contest or noncontest of improvement -
Official statutory text
Approval of plans and specifications - Contractor's bond - Bidding
procedure.
After the expiration of the time for objection or protest on the
part of the record title holders of property to an improvement, or
if insufficient protest is filed, the board of county commissioners
shall adopt a resolution declaring that no such protest has been
filed, or that such protest, if filed, was insufficient and
expressing the determination of the board to proceed with the
improvement. Such resolution shall require the engineer to
immediately file detailed plans, profiles, specifications, and
estimates of probable cost. After the filing of said plans,
profiles, specifications, and estimates, the board shall examine the
same, and if found satisfactory, shall, by resolution, adopt and
approve the same. The resolution shall state the material to be
used and that the work or improvement will be constructed in
accordance with the final detailed plans, specifications, and
profiles of the engineer. The resolution shall set forth any
reasonable terms and conditions that the board of county
commissioners deems proper to impose. The board, by resolution,
shall also provide that the contractor shall execute to the county a
good and sufficient bond in an amount to be stated in the
resolution, conditioned for the full and faithful execution of the
Oklahoma Statutes - Title 19. Counties and County Officers Page 527
work and the performance of the contract for the protection of the
county and all record title holders of property interested, against
any loss or damage by reason of the negligence of the contractor,
improper execution of the work or improvement, or the use of
inferior material, and shall also require a bond, in an amount to be
stated in said resolution, for the maintenance of said improvements
against any failure due to defective workmanship or materials for a
period of not less than one (1) year from the time of its completion
and acceptance. Such maintenance bond shall not be required where
such road improvements consist of oil and chips or graveling. The
resolution shall also require the execution of a good and sufficient
bond for payment of labor and material conditioned in accordance
with the laws of this state. The resolution shall also direct the
county clerk after the filing of said final plans, profiles,
specifications, and estimates to advertise for sealed bids for
furnishing the materials and performing the work necessary in making
the improvement. The notice for such bids shall state the roads,
streets, avenues, or public places to be improved, the kind of
improvements proposed, what bonds will be required to be executed by
the contractor, shall refer to the plans and specifications, and
shall state the date, time, and place where such sealed bids shall
be filed, and the date and place the same will be considered by the
board. The notice shall state the manner of payment to the
contractor and whether the contractor will be paid in money, in
bonds or in a proportion of money and bonds for making the
improvement. The notice shall be published in accordance with the
provisions of the Public Competitive Bidding Act of 1974. No action
or suit to question the adoption of said resolution, or the
sufficiency of the same or the final, detailed estimate of the
engineer, shall be commenced later than fifteen (15) days after the
first publication of said notice.
The resolution provided for in this section shall be adopted not
later than six (6) months after the adoption of the resolution of
necessity provided for in Section 1234 of this title or within six
(6) months after the filing of a proper petition for the
construction of the contemplated improvements.
procedure.
After the expiration of the time for objection or protest on the
part of the record title holders of property to an improvement, or
if insufficient protest is filed, the board of county commissioners
shall adopt a resolution declaring that no such protest has been
filed, or that such protest, if filed, was insufficient and
expressing the determination of the board to proceed with the
improvement. Such resolution shall require the engineer to
immediately file detailed plans, profiles, specifications, and
estimates of probable cost. After the filing of said plans,
profiles, specifications, and estimates, the board shall examine the
same, and if found satisfactory, shall, by resolution, adopt and
approve the same. The resolution shall state the material to be
used and that the work or improvement will be constructed in
accordance with the final detailed plans, specifications, and
profiles of the engineer. The resolution shall set forth any
reasonable terms and conditions that the board of county
commissioners deems proper to impose. The board, by resolution,
shall also provide that the contractor shall execute to the county a
good and sufficient bond in an amount to be stated in the
resolution, conditioned for the full and faithful execution of the
Oklahoma Statutes - Title 19. Counties and County Officers Page 527
work and the performance of the contract for the protection of the
county and all record title holders of property interested, against
any loss or damage by reason of the negligence of the contractor,
improper execution of the work or improvement, or the use of
inferior material, and shall also require a bond, in an amount to be
stated in said resolution, for the maintenance of said improvements
against any failure due to defective workmanship or materials for a
period of not less than one (1) year from the time of its completion
and acceptance. Such maintenance bond shall not be required where
such road improvements consist of oil and chips or graveling. The
resolution shall also require the execution of a good and sufficient
bond for payment of labor and material conditioned in accordance
with the laws of this state. The resolution shall also direct the
county clerk after the filing of said final plans, profiles,
specifications, and estimates to advertise for sealed bids for
furnishing the materials and performing the work necessary in making
the improvement. The notice for such bids shall state the roads,
streets, avenues, or public places to be improved, the kind of
improvements proposed, what bonds will be required to be executed by
the contractor, shall refer to the plans and specifications, and
shall state the date, time, and place where such sealed bids shall
be filed, and the date and place the same will be considered by the
board. The notice shall state the manner of payment to the
contractor and whether the contractor will be paid in money, in
bonds or in a proportion of money and bonds for making the
improvement. The notice shall be published in accordance with the
provisions of the Public Competitive Bidding Act of 1974. No action
or suit to question the adoption of said resolution, or the
sufficiency of the same or the final, detailed estimate of the
engineer, shall be commenced later than fifteen (15) days after the
first publication of said notice.
The resolution provided for in this section shall be adopted not
later than six (6) months after the adoption of the resolution of
necessity provided for in Section 1234 of this title or within six
(6) months after the filing of a proper petition for the
construction of the contemplated improvements.
Status: in_force · Read it on the official government site
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