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GS 160A -266
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<br />§ 160A -266. Methods of scale; 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
<br />city 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
<br />less than thirty thousand dollars ($30,000) for any one item or group of similar items. Real property, of
<br />any value, and personal property valued at thirty thousand dollars ($30,000) or more for any one item or
<br />group of similar items may be exchanged as permitted by G.S. 160A -271, or may be sold by any
<br />method permitted in this Article other than private negotiation and sale, except as permitted in G.S.
<br />160A -277 and G. S. 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 />rat, scenic - or - open condi# ion; arrd (ii) said teal - -"ersenal- property-isto--b sold to
<br />a nonprofit corporation or trust whose purposes include the preservation or conservation of real or
<br />personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic
<br />significance; and (iii) where a preservation agreement or conservation agreement as defined in G.S.
<br />121 -35 is placed in the deed conveying said property from the city to the nonprofit corporation or trust.
<br />Said nonprofit corporation or trust shall only dispose of or use said real or personal property subject to
<br />covenants or other legally binding restrictions which will promote the preservation or conservation of
<br />the property, and, where appropriate, secure rights of public access.
<br />(c) A city council may adopt regulations prescribing procedures for disposing of personal
<br />property valued at less than thirty thousand dollars ($30,000) for any one item or group of items in
<br />substitution for the requirements of this Article. The regulations shall be designed to secure for the city
<br />fair market value for all property disposed of and to accomplish the disposal efficiently and
<br />economically. The regulations may, but need not, require published notice, and may provide for either
<br />public or private exchanges and sales. The council may authorize one or more city officials to declare
<br />surplus any personal property valued at less than thirty thousand dollars ($30,000) for any one item or
<br />group of items, to set its fair market value, and to convey title to the property for the city in accord with
<br />the regulations. A city official authorized under this section to dispose of property shall keep a record of
<br />all property sold under this section and that record shall generally describe the property sold or
<br />exchanged, to whom it was sold, or with whom exchanged, and the amount of money or other
<br />consideration received for each sale or 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,
<br />s. 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,
<br />s. 9; 1997 -174, s. 6; 2001 -328, s. 4; 2005 -227, s. 3.)
<br />Attachment number 2
<br />http: / /www.nega. state.nc.us /gascripts/ statutes /static400lcup.pl ?statute =160A -266 P49e- P- 012.
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