Section 4: Sealed Bid Sales
Anchor: #i999830Overview
If an LPA or school district does not want to purchase a surplus site, or if more than one of these entities wants to purchase the same site and a single purchaser cannot be agreed on, then the site will be sold by sealed bid after being advertised to the general public.
For district submission requirements for this type of sale, refer to Section 3 above.
Anchor: #i999845Procedures Prior to Bid Opening
After the ROW Division has received the District’s submission, and all the necessary concurrences and approvals have been obtained, the ROW Division will:
- assist the District in preparing a Notice of Sale of State Land to be used in the newspaper ad
- assist the District with understanding the terms of the Bid Form that bidders will use when submitting their sealed bids
The following procedure for selling property by sealed bid has been codified in Texas Administrative Code, Title 43, Transportation, §21.104:
- The Notice of Sale must be advertised in the English language in at least one newspaper in the county where the land is located. The notice can be placed in multiple newspapers, even those in other counties.
- The Notice must appear once a week for three consecutive weeks before bids are opened, with the final notice appearing at least twenty days before the bid opening.
Information packages about the property may be furnished to potential bidders upon request. Also, eight foot by ten foot wooden “For Sale” signs may be placed on the property giving a contact phone number.
The District will pay for the survey, if needed; the appraisal fee; and the newspaper and advertising costs. The successful bidder will reimburse the District for these costs as part of the bid deposit. If there is no successful bidder, these costs are absorbed by the District. If it takes more than one sealed bid sale to obtain a successful bid, then the District will not recuperate these costs. Before the District proceeds with a second bid sale, check with the city, county, and local school district to determine whether they are interested in purchasing the site.
Anchor: #i999890Bid Opening
On the day of the bid opening, the District will:
- Have the District Engineer or designee open the bids at the advertised place and time. The bids can be announced and recorded if any bidders or members of the public are present.
- Send the ROW Division copies of all bid forms along with a recommendation for acceptance of the highest bid or for rejection of all bids. Any bid form that has been altered in any way, by addition or deletion, and any incomplete bid form will be automatically rejected.
Division Review of Bids
The ROW Division reviews the bid forms and advises the District if the highest bidder’s form is acceptable. If the highest bidder is a corporation or partnership, the ROW Division will check with the Secretary of State and the Comptroller to be sure that the corporation is active and in good standing.
Anchor: #i999920Bid Deposit Checks
The District deposits the check of the highest bidder after the ROW Division advises that this bidder’s offer will be presented to the Commission.
The District returns the bid deposit checks to unsuccessful bidders. These checks are not deposited.