Chapter Fourteen: Resolution of Disposition
Within 30 days after disposing of any surplus property, the county officer or department head must submit, and the board of county commissioners must approve SA&I Form No. 397, Resolution for Disposing of Equipment. This form creates a record for the disposal of county-owned equipment. The information comes from the county’s inventory record. This form is used whenever departments report final disposition of items to the board of county commissioners.
The disposition of property on the Resolution of Disposing for Equipment must be entered into the minutes of the board of county commissioners within 30 days after the disposition. The minutes of the board must reflect the following information:
19 O.S. § 421
- Description of item;
- Serial number (if any);
- Date acquired;
- Name and address from whom acquired;
- Original cost or contract price;
- Date of disposition;
- Name and address of the person or firm to whom property transferred;
- Price received.
Disposition of a Damaged County Vehicle
A county is not required to follow the procedures for disposition of property when a county vehicle that is covered by an insurance policy is damaged in a wreck and is a total loss. The county may transfer title to its insurance carrier upon approval of the board of county commissioners.
However, the county officer or department head must still submit, and the board of county commissioners must approve, SA&I Form No. 397, Resolution for Disposing of Equipment, to remove the item from the inventory. Any proceeds received from the insurance company should be deposited into the fund from which the vehicle was purchased. The county officer or department head should follow SOP #16 in the Chart of Accounts Manual.
Disposing of Real Property (Land)
The board of county commissioners has the authority to sell real property that belongs to the county without declaring such property surplus under conditions as set forth in the statutes. These procedures do not apply to property acquired at a resale.
Sale of Land
The board of county commissioners may sell county real property without declaring the property surplus under the following conditions:
- 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.
- After acceptance of the certified appraisal, the board of county commissioners shall give notice of the sale by publication in a newspaper of general paid circulation in the county for two successive weekly issues.
- Bids for the real property shall be in writing, sealed, and delivered to the county clerk.
- The board of county commissioners shall open the bids at the next regular board meeting after fifteen (15) days from the date of first publication of notice of sale.
A successful bid must be no less than the market value. The board of county commissioners reserves the right to reject any bids. If more than one bid is above market value, the board of county commissioners shall have the right to compel the bidders into a public auction conducted by the chairperson to establish the highest bidder.
19 O.S. § 421.1(G)
The board has authority to perform the following actions:
- Pledge the occupied property as collateral to finance
- If the sale is less than new land purchase, then make the sales contract contingent on the public approval of bond funding, etc.
- Order the sale contingent upon a closing date in the future to continue to use the real property until a replacement building is complete.
- 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 previously mentioned bid 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.
- 19 O.S. § 421.1(G)
Sale of Unused Land
The board of county commissioners is authorized to sell any unused town lots or parcels of ground not needed for courthouse or jail purposes. However, the recommended best practice is to consult with the district attorney regarding the use of this statute.
Conveyance of Land
The board of county commissioners is authorized and empowered to execute offers to convey lands and to execute deeds of conveyance on such lands as are owned by the county, acquired through gift, purchase, condemnation, or tax resale, and are no longer needed for county purposes. However, the recommended best practice is to consult with the district attorney regarding the use of this statute.
Disposal of Recyclable Materials
Refer to “Vendor Quotes for Recyclable Materials” in Chapter Six, “Purchasing Situations.”