Lovell, 021580 MSAGO, 19800215

• Case Date: February 15, 1980
• Court: South Carolina

Dr. Frank I. Lovell No. 19800215 Mississippi Attorney General Opinions February 15, 1980          Ocean Springs Municipal Separate School District § 37-47-29, Mississippi Code of 1972          Dr. Frank I. Lovell          Executive Secretary          State Educational Finance Commission          1207 Woolfolk State Office Building          Jackson, Mississippi 39201          Dear Dr. Lovell:          Attorney General Allain has received your opinion request dated February 12, 1980 and has assigned it tome for research and reply, your letter of request stating:

         “The Ocean Springs Municipal Separate School District has just opened bids on a school construction project which is to be funded partially with state public school building funds administered by the Educational Finance Commission. A question has arisen regarding the legality of the advertisement for bids.          “The Commission's staff approved the District's proposal to advertise for bids on January 23, January 30 and February 6, with bids to be opened on February 7, all in accordance with the provisions of 37-47-29, Mississippi Code of 1972.          “The 'proof of publication' submitted by the District shows that the newspaper corrying the advertisement was dated January 24, January 31, and February 7. Bids were opened on February 7.          “The District's contention is that the newspaper was actually 'on the streets' on January 23.          “A subsequent 'proof of publication' shows the advertisement dates of January 23, January 30 and February 6, with bids to be opened February 7.          “Copies of the two “proofs of publication” and a copy of an affidavit by the newspaper publisher are attached.          “In view of the above, have the legal requirements of 37-47-29 regarding advertisement for bids been met?”

         You also attach the indicated printed forms of proof of publication together with a separate affidavit of the publisher.          Section 37-47-29, Mississippi Code of 1972, as amended, requires:

All contracts for capital improvements by any school district which are financed in whole or in part

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