Okla. Stat. tit. 19, § 19-421.1

certain county property.

A. The board of county commissioners is hereby authorized to

use any tools, apparatus, machinery or equipment belonging to the

county, the original cost of which exceeded One Thousand Dollars

($1,000.00), as a trade-in on a cash purchase or lease purchase of

any other tools, apparatus, machinery or equipment.

B. To establish an appraised value for an item to be sold at

public auction or traded in, the purchasing agent may refer to an

industry-recognized appraisal manual for used construction equipment

to estimate the value of the item being sold, or obtain appraisal

quotes from at least two vendors in the business of selling items

like the one being sold.

C. Except when such items are disposed of pursuant to

subsection E, F or I of this section, the following procedures shall

be used for the sale, by the board of county commissioners, of any

tools, apparatus, machinery or equipment, the original cost of which

exceeded One Thousand Dollars ($1,000.00) or any information

Oklahoma Statutes - Title 19. Counties and County Officers Page 209

technology hardware or software having an original cost of Five

Hundred Dollars ($500.00) or more, belonging to the county:

1. The board of county commissioners shall give notice of such

sale by publication in a newspaper of general paid circulation in

the county for two successive weekly issues;

2. Bids for such tools, apparatus, machinery or equipment on

sale shall be in writing, sealed and delivered to the county clerk

of such county;

3. At the next regular meeting of the board of county

commissioners after the expiration of fifteen (15) days from the

date of first publication of notice of the sale, the board of county

commissioners shall open such bids and award such tools, apparatus,

machinery or equipment to the highest and best bidder with the

option of rejecting all bids; and

4. The board of county commissioners may hold a public auction

or use an Internet auction, which may include online bidding, in

lieu of advertising for sealed bids as provided above. Such auction

shall be advertised as provided herein.

D. A board of county commissioners may sell any materials,

tools, apparatus, machinery or equipment to a tribal governmental

entity or state agency, if the agency is subject to the Oklahoma

Central Purchasing Act. The board of county commissioners may

purchase materials, tools, apparatus, machinery or equipment from a

state agency, if the agency is subject to the Oklahoma Central

Purchasing Act.

E. The board of county commissioners may, by resolution, enter

into an agreement with any tribal governmental entity or other

county or political subdivision for the purpose of selling,

transferring, trading or otherwise disposing of equipment or

materials at a price agreed upon by both governing bodies.

Transactions made pursuant to this subsection shall not be subject

to the requirements in subsection C of this section.

F. Advertisement of surplus property consigned to sell at a

Circuit Engineering District auction shall be provided by the

auction company under contract to conduct the sale. Advertising

shall be provided to attract the most potential buyers. Advertising

media may include, but not be limited to, sale flyers, newspapers,

radio, television, and Internet postings.

G. Pursuant to the authority of Section 1 of this title, boards

of county commissioners shall have authority, under such statute and

in consideration of the procedures in this section to sell real

property belonging to the county without declaring such property

surplus under the following conditions:

1. A certified appraisal of the county property shall be

performed to determine the market value of the property and accepted

by the board of county commissioners;

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2. After acceptance of the certified appraisal, the board of
perty belonging to the county without declaring such property

surplus under the following conditions:

1. A certified appraisal of the county property shall be

performed to determine the market value of the property and accepted

by the board of county commissioners;

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2. After acceptance of the certified appraisal, the board of

county commissioners shall, pursuant to the requirements of this

section, give notice of such sale by publication in a newspaper of

general paid circulation in the county for two successive weekly

issues;

3. Bids for the real property shall be in writing, sealed and

delivered to the county clerk of such county;

4. At the next regular meeting of the board of county

commissioners after the expiration of fifteen (15) days from the

date of first publication of notice of sale, the board of county

commissioners shall open such bids;

5. A successful bid must be no less than the market value of

the real property to be considered by the board of county

commissioners for acceptance. The board of county commissioners

reserves the right to reject any and all bids;

6. If more than one bid is above the market value of the real

property, the board of county commissioners shall have the right to

compel the potential buyers of the real property who have bid above

the market amount to enter into public auction conducted by the

chairman of the board of county commissioners after the opening of

such bids, to establish the highest bid for the property in order to

assure that the county is receiving adequate consideration for the

property;

7. A majority vote of the board of county commissioners shall

be required to determine the successful bidder of the real property.

Upon awarding the bid, either through sealed bid or by conducting a

public auction of those bidders who bid more than the market value

of the real property, the board of county commissioners shall have

the right to pledge the occupied property, using an irrevocable bond

or letter of credit, as provided for in paragraph 10 of this

subsection, as collateral in order to finance bonds to purchase

other real property or build a replacement building, or both;

8. If the sale price is less than the estimated cost of new

land purchase or construction, then said sales contract shall be

contingent upon the public approval of bond funding or other

authorized funding to allow the complete payment of the contemplated

project;

9. The board of county commissioners shall have authority

pursuant to paragraphs 5 and 6 of Section 1 of this title to make

any order concerning the sale of such property contingent upon a

closing date in the future in order to continue to use said real

property until a replacement building is completed. Upon completion

of the replacement building, the board of county commissioners shall

execute all documents and title transfers pertaining to said real

property to the successful bidder;

10. The successful bidder shall execute an irrevocable bond or

letter of credit with a surety company or bank licensed to do

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business in the State of Oklahoma and organized under the corporate

laws of the State of Oklahoma and registered with the Secretary of

State of Oklahoma equal to the amount of the purchase price of the

real property within fifteen (15) days of awarding of the bid.

Failure to provide either an irrevocable bond or letter of credit in

favor of the board of county commissioners within said time

limitation shall act as a rejection and cancellation by the board of

the award of bid and said board may, at that point, enter into a

contract with any secondary or subsequent bidder that meets the

aforementioned qualifications without further notice; and

11. If there are no bids submitted or all submitted bids are
tter of credit in

favor of the board of county commissioners within said time

limitation shall act as a rejection and cancellation by the board of

the award of bid and said board may, at that point, enter into a

contract with any secondary or subsequent bidder that meets the

aforementioned qualifications without further notice; and

11. If there are no bids submitted or all submitted bids are

less than the market value of the real property after the expiration

of fifteen (15) days from the date of first publication of notice of

sale, the board of county commissioners shall publish the notice of

sale and accept bids for a second time complying with the

requirements of paragraphs 2 through 4 of this subsection. If there

are no bids submitted or all submitted bids are less than the market

value of the real property after the expiration of fifteen (15) days

from the date of second publication of notice of sale, the board of

county commissioners shall have the right to sell real property,

upon majority vote, without any bidding procedure or auction,

directly to any person or entity for an amount that is not less than

the highest bid previously submitted through any previous bidding

procedures provided in this subsection.

H. The board of county commissioners may solicit telephone bids

for the removal of recyclable materials.

I. The board of county commissioners shall have the authority

to trade in equipment to a vendor or on statewide contract by

acquiring used equipment values pursuant to subsection B of this

section.