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§ 160A -266. Methods of sale; limitation.
<br />(a) Subject to the limitations prescribed in subsection (b) of this section, and according to the
<br />procedures prescribed in this Article, a city may dispose of real or personal property belonging to the city
<br />by:
<br />(1) Private negotiation and sale;
<br />(2) Advertisement for sealed bids;
<br />(3) Negotiated offer, advertisement, and upset bid;
<br />(4) Public auction; or
<br />(5) Exchange.
<br />(b) Private negotiation and sale may be used only with respect to personal property valued at less than
<br />thirty thousand dollars ($30,000) for any one item or group of similar items. Real property, of any value,
<br />and personal property valued at thirty thousand dollars ($30,000) or more for any one item or group of
<br />similar items may be exchanged as permitted by G.S. 160A -271, or may be sold by any method permitted
<br />in this Article other than private negotiation and sale, except as permitted in G.S. 160A -277 and G.S.
<br />160A -279.
<br />Provided, however, a city may dispose of real property of any value and personal property valued at
<br />thirty thousand dollars ($30,000) or more for any one item or group of similar items by private
<br />negotiation and sale where (i) said real or personal property is significant for its architectural,
<br />archaeological, artistic, cultural or historical associations, or significant for its relationship to other
<br />property significant for architectural, archaeological, artistic, cultural or historical associations, or
<br />significant for its natural, scenic or open condition; and (ii) said real or personal property is to be sold to a
<br />nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal
<br />properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance; and
<br />(iii) where a preservation agreement or conservation agreement as defined in G.S. 121 -35 is placed in the
<br />deed conveying said property from the city to the nonprofit corporation or trust. Said nonprofit
<br />corporation or trust shall only dispose of or use said real or personal property subject to covenants or
<br />other legally binding restrictions which will promote the preservation or conservation of the property,
<br />and, where appropriate, secure rights of public access.
<br />(c) A city council may adopt regulations prescribing procedures for disposing of personal property
<br />valued at less than thirty thousand dollars ($30,000) for any one item or group of items in substitution for
<br />the requirements of this Article. The regulations shall be designed to secure for the city fair market value
<br />for all property disposed of and to accomplish the disposal efficiently and economically. The regulations
<br />may, but need not, require published notice, and may provide for either public or private exchanges and
<br />sales. The council may authorize one or more city officials to declare surplus any personal property
<br />valued at less than thirty thousand dollars ($30,000) for any one item or group of items, to set its fair
<br />market value, and to convey title to the property for the city in accord with the regulations. A city official
<br />authorized under this section to dispose of property shall keep a record of all property sold under this
<br />section and that record shall generally describe the property sold or exchanged, to whom it was sold, or
<br />with whom exchanged, and the amount of money or other consideration received for each sale or
<br />exchange.
<br />(d) A city may discard any personal property that: (i) is determined to have no value; (ii) remains
<br />unsold or unclaimed after the city has exhausted efforts to sell the property using any applicable
<br />procedure under this Article; or (iii) poses a potential threat to the public health or safety. (1971, c. 698, s.
<br />1; 1973, c. 426, s. 42.1; 1983, c. 130, s. 1; c. 456; 1987, c. 692, s. 2; 1987 (Reg. Sess., 1988), c. 1108, s. 9;
<br />1997 -174, s. 6; 2001 -328, s. 4; 2005 -227, s. 3.)
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<br />Attachment number 1
<br />Page 27
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