Counselors:

Section 104 of the Oklahoma Competitive Bidding Act requires notice of bids be published "in a newspaper of general circulation and published in the county where the work, or the major part of it, is to be done, such notice by publication to be published in two consecutive weekly issues of the newspaper, with the first publication thereof to be at least twenty-one (21) days prior to the date set for opening bids;...."  Would USA Today satisfy this provision of the Act?

I would appreciate all thoughts.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Jon:

25 O.S. Section 106 reads:

No legal notice, advertisement, or publication of any kind required or provided for by the laws of this state to be published in a newspaper shall have force or effect unless published in a legal newspaper of the county. A legal newspaper of the county is any newspaper which, during a period of one hundred four (104) consecutive weeks immediately prior to the first publication of such notice, advertisement, or publication:

1. has maintained a paid general subscription circulation in the county; and

2. has been admitted to the United States mails as paid second-class mail matter; and

3. has been continuously and uninterruptedly published in the county. If there is no legal newspaper in a county, then all legal notices, advertisements, or publications of any kind required or provided for by the laws of this state shall be published in a legal newspaper in an adjoining county of this state, which newspaper has general circulation in the county or political subdivision in which such notice is required.

My regards,

Bob Dill

William R. (Bob) Dill
Attorney at Law
401 West Main Street, Suite 444
Norman, Oklahoma 73069-1319
(405) 360-9707 (Work)
(405) 329-0171 (FAX)
bob@lawok.netmailto:bob@lawok.net  (Email)

We are updating our email communication system. As part of this upgrade, our email addresses will change. This initiative is part of our ongoing efforts to enhance our service and ensure we maintain effective communication channels with all our clients and contacts. My email going forward is bob@lawok.netmailto:bob@lawok.net and Nancy's email is nancy@lawok.netmailto:nancy@lawok.net.  For the next several months, emails to oklaw@swbell.netmailto:oklaw@swbell.net or ned176@swbell.netmailto:ned176@swbell.net will auto forward to the lawok.net address.  Please change our addresses in your office and phone email contacts.

The information herein is confidential and may be attorney-client privileged and/or contain attorney work product. If you are not an intended recipient, any disclosure, copying, retention or use of any information contained herein is prohibited. If you have received this message in error, please delete it and notify the sender immediately.

From: Jon Miller via Oama oama@lists.imla.org
Sent: Monday, December 2, 2024 8:41 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Oklahoma Public Competitive Bidding Act

Counselors:

Section 104 of the Oklahoma Competitive Bidding Act requires notice of bids be published "in a newspaper of general circulation and published in the county where the work, or the major part of it, is to be done, such notice by publication to be published in two consecutive weekly issues of the newspaper, with the first publication thereof to be at least twenty-one (21) days prior to the date set for opening bids;...."  Would USA Today satisfy this provision of the Act?

I would appreciate all thoughts.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

Jon:

Also see 2002 OK AG 10.

In the context of 25 O.S.2001 § 106https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT25S106&originatingDoc=I6ed6d7ce5f6a11df9988d233d23fe599&refType=LQ&originationContext=document&transitionType=DocumentItem&ppcid=3f2c61eba2f947cabe4414f35dda69da&contextData=(sc.Search), a newspaper is considered "published" at the location where the newspaper is disseminated by admission to the mails and has its principal offices, and where its form and content is determined. Accordingly, a newspaper cannot be a legal newspaper in an adjoining county, unless the adjoining county has no legal newspaper as stated in Section 106https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000165&cite=OKSTT25S106&originatingDoc=I6ed6d7ce5f6a11df9988d233d23fe599&refType=LQ&originationContext=document&transitionType=DocumentItem&ppcid=3f2c61eba2f947cabe4414f35dda69da&contextData=(sc.Search).
2002 OK AG 10

I doubt that USA Today's form and content could be found to be determined in the county where the work is to be performed.

My regards,

Bob Dill

William R. (Bob) Dill
Attorney at Law
401 West Main Street, Suite 444
Norman, Oklahoma 73069-1319
(405) 360-9707 (Work)
(405) 329-0171 (FAX)
bob@lawok.netmailto:bob@lawok.net  (Email)

We are updating our email communication system. As part of this upgrade, our email addresses will change. This initiative is part of our ongoing efforts to enhance our service and ensure we maintain effective communication channels with all our clients and contacts. My email going forward is bob@lawok.netmailto:bob@lawok.net and Nancy's email is nancy@lawok.netmailto:nancy@lawok.net.  For the next several months, emails to oklaw@swbell.netmailto:oklaw@swbell.net or ned176@swbell.netmailto:ned176@swbell.net will auto forward to the lawok.net address.  Please change our addresses in your office and phone email contacts.

The information herein is confidential and may be attorney-client privileged and/or contain attorney work product. If you are not an intended recipient, any disclosure, copying, retention or use of any information contained herein is prohibited. If you have received this message in error, please delete it and notify the sender immediately.

From: Jon Miller via Oama oama@lists.imla.org
Sent: Monday, December 2, 2024 8:41 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Oklahoma Public Competitive Bidding Act

Counselors:

Section 104 of the Oklahoma Competitive Bidding Act requires notice of bids be published "in a newspaper of general circulation and published in the county where the work, or the major part of it, is to be done, such notice by publication to be published in two consecutive weekly issues of the newspaper, with the first publication thereof to be at least twenty-one (21) days prior to the date set for opening bids;...."  Would USA Today satisfy this provision of the Act?

I would appreciate all thoughts.

Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721

NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination, distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.

BobDo you remember when you nailed me on this?Sent from my T-Mobile 4G LTE Device
-------- Original message --------From: William Dill via Oama oama@lists.imla.org Date: 12/2/24  4:33 PM  (GMT-06:00) To: Jon Miller JMiller@cityofmustang.org, "oama (oama@lists.imla.org)" oama@lists.imla.org Subject: [Oama] Re: Oklahoma Public Competitive Bidding Act

Jon:
 
Also see 2002 OK AG 10.
 
In the context of 25
O.S.2001 § 106, a newspaper is considered “published”
at the location where the newspaper is disseminated by admission to the mails and has its principal offices, and where its form and content is determined. Accordingly, a newspaper cannot be a legal newspaper
in an adjoining county, unless the adjoining county has no legal newspaper
as stated in Section
106.
2002 OK AG 10
 
I doubt that USA Today’s form and content could be found to be determined in the county where the work is to be performed.
 

My regards,
 
Bob Dill
 
 
William R. (Bob) Dill
Attorney at Law
401 West Main Street, Suite 444
Norman, Oklahoma 73069-1319
(405) 360-9707 (Work)
(405) 329-0171 (FAX)
bob@lawok.net  (Email)
 
We are updating our email communication system. As part of this upgrade, our email addresses will change. This initiative is part of our ongoing efforts to enhance our service and ensure we
maintain effective communication channels with all our clients and contacts. My email going forward is
bob@lawok.net and Nancy’s email is
nancy@lawok.net.  For the next several months, emails to
oklaw@swbell.net or
ned176@swbell.net will auto forward to the lawok.net address.  Please change our addresses in your office and phone email contacts.

The information herein is confidential and may be attorney-client privileged and/or contain attorney work product. If you are not an intended recipient, any disclosure, copying, retention or use of any information contained herein is prohibited. If you have
received this message in error, please delete it and notify the sender immediately.

From: Jon Miller via Oama oama@lists.imla.org
Sent: Monday, December 2, 2024 8:41 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] Oklahoma Public Competitive Bidding Act

 
Counselors:
 
Section 104 of the Oklahoma Competitive Bidding Act requires notice of bids be published “in a newspaper of general circulation and published in the county where the work,
or the major part of it, is to be done, such notice by publication to be published in two consecutive weekly issues of the newspaper, with the first publication thereof to be at least twenty-one (21) days prior to the date set for opening bids;….”  Would USA
Today satisfy this provision of the Act?  
 
I would appreciate all thoughts. 

 
Jonathan E. Miller
City Attorney

City of Mustang
1501 N. Mustang Road

Mustang, Oklahoma 73064
Telephone: (405) 376-7746

Facsimile: (405) 376-7721

 
NOTICE: This e-mail message, and all attachments transmitted with it, may contain legally privileged and confidential information intended solely for the intended recipient(s). If the reader
of this message is not the intended recipient or the employee or agent responsible for delivering this message in confidence to the intended recipient(s), you are hereby notified that you have received this transmittal in error and any reading, dissemination,
distribution, copying or other use of this communication is strictly prohibited.  If you have received this message in error, please notify the sender immediately by reply email and delete this message and all attachments.