A REASONABLE CHARGE TO COVER THE COST OF THE USE OF BUILDING, PROPERTY OR TRANSPORTATION EQUIPMENT."
UNDER THE PLAIN LANGUAGE OF 70 O.S. 5-130, THE VINITA SCHOOL DISTRICT WOULD BE AUTHORIZED TO ALLOW BIG CABIN CITIZENS TO CONTINUE TO USE THE BIG CABIN SCHOOL BUILDING FOR COMMUNITY PURPOSES, PRESUMABLY INDEFINITELY, BUT WOULD ALSO HAVE THE AUTHORITY TO CHARGE FOR THE COSTS OF THE USE OF THE BUILDING. I MAKE MENTION OF THIS STATUTE AS ONE ALTERNATIVE FOR VINITA AND BIG CABIN TO CONSIDER IN LIEU OF A CONVEYANCE.
III.
CONCLUSIONS:
IT IS, THEREFORE, THE OPINION OF THE UNDERSIGNED ATTORNEY THAT AN ANNEXING SCHOOL DISTRICT RECEIVES TITLE TO THE REAL PROPERTY OF AN ANNEXED SCHOOL DISTRICT AND IS THEN EMPOWERED TO CONVEY THE REAL PROPERTY TO ANY ENTITY, IF NO LONGER NEEDED AND IF DONE BY PUBLIC SALE, PUBLIC BID OR A PRIVATE ALE PRECEDED BY AN OFFERING FOR PUBLIC SALE OR BID. SUCH A CONVEYANCE MUST BE FOR REASONABLE CONSIDERATION. THE ONLY EXCEPTION TO THE PUBLIC SALE/PUBLIC BID/REASONABLE CONSIDERATION REQUIREMENTS IS FOUND IN THE CONTEXT OF CONSOLIDATION, NOT ANNEXATION. PURSUANT TO THIS EXCEPTION, CONSOLIDATED SCHOOL DISTRICTS MAY CONVEY REAL PROPERTY TO A LOCAL POLITICAL SUBDIVISION WITHOUT CONSIDERATION AND WITHOUT THE NECESSITY OF A PUBLIC SALE OR PUBLIC BID.
IN ADDITION, AN ANNEXING SCHOOL DISTRICT MAY NOT CONVEY REAL PROPERTY IF THE REAL PROPERTY INVOLVED IS BEING USED AT LEAST ONCE EVERY 90 DAYS FOR COMMUNITY PURPOSES UNLESS A MAJORITY OF THE SCHOOL DISTRICT ELECTORS IN THE ANNEXED DISTRICT VOTE TO APPROVE SUCH A CONVEYANCE. THE ANNEXING DISTRICT MAY, HOWEVER, REQUIRE PAYMENT OF THE COSTS ASSOCIATED WITH MAINTAINING AND INSURING SUCH PROPERTY. OTHER STATUTES ALLOW AN ANNEXING SCHOOL DISTRICT TO OPEN ITS SCHOOL BUILDINGS FOR COMMUNITY PURPOSES, PRESUMABLY FOR AS LONG AS IT DESIRES TO DO SO. AGAIN, THE ANNEXING DISTRICT MAY CHARGE TO COVER THE COST OF USING THE BUILDING.
(WILLIAM D. LAFORTUNE)