SECTION 260:95-3-3. Declaration of surplus property

(a)   Upon determination that a property is surplus by the owning agency, the Office of Management and Enterprise Services, the Long-Range Capital Planning Commission, the legislature, or any other entity given statutory authority to compel an agency to declare a property surplus, the owning agency shall submit a letter to the Director of Real Estate and Leasing Services declaring the property surplus. The letter shall be signed by the director or chief executive officer of the owning agency. The letter shall, at a minimum, include the following:

(1)   The address or location of the property,

(2)   The type of property (land or structure),

(3)   The inventory number of the property, and

(4)   The reason the property is being declared surplus.

(b)   The Director of Real Estate and Leasing Services shall respond to the letter declaring the property surplus with a letter acknowledging the declaration and requesting additional information, items and documents associated with the property. The request will include, but may not be limited to:

(1)   Point of contact in the owning agency for all information regarding this transaction;

(2)   A brief description of the property, including the interior and exterior of the building;

(3)   The historical significance of property, when applicable;

(4)   Copies of surveys, property or environmental inspections, or any other report pertaining to the property;

(5)   Copies of any current easements, leases, rental agreements or other agreements affecting the property;

(6)   Access to the property as needed;

(7)   Clear photographs of the property;

(8)   Floor plans for the buildings;

(9)   Information from staff that may be of interest as it relates to the property;

(10)   Abstracts;

(11)   A list of service providers for internet, security/alarm systems, and fire suppression systems if applicable;

(12)   A list of the current utility service providers for electric, water and gas if applicable;

(13)   Property, land, soil inspections and reports if available; and

(14)   Current condition of the property, including any known defects, damage, repairs needed, and hazardous or environmental problems or any other problems or concerns associated with the property.

(c)   The owning agency shall supply all of the requested information and documentation and shall comply with the requests of the Director.

(d)   Real Estate and Leasing Services will include the property on the report of underutilized properties owned by the state.

(e)   Proceeds from the sale of surplus state property shall be deposited in the Maintenance of State Buildings Revolving Fund in accordance with 62 OS § 908.

(f)   Real Estate and Leasing Services will determine if the property is suitable for transfer to another state agency, direct sale to another public agency, disposal by public or sealed bid auction or a request for proposals. When appropriate, Real Estate and Leasing Services will consult with the Oklahoma Historical Society for assistance in making the determination of the appropriate reuse or disposition of the property and for authorization and recommendations on the treatment of historic properties.

[Source: Added at 35 Ok Reg 1363, eff 9-14-18]