|
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />§ 160A-266. Methods of sale; limitation.
<br />(a) Subject to the limitations prescribed in subsection (b) of this section, and according to the procedures
<br />prescribed in this Article, a city may dispose of real or personal property belonging to the 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 less than thirty
<br />thousand dollars ($30,000) for any one item or group of similar items. Real property, of any value, and personal
<br />property valued at thirty thousand dollars ($30,000) or more for any one item or group of similar items may be
<br />exchanged as permitted by G.S. 160A-271, or may be sold by any method permitted in this Article other than private
<br />negotiation and sale, except as permitted in G.S. 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 thirty
<br />thousand dollars ($30,000) or more for any one item or group of similar items by private negotiation and sale where
<br />(i) said real or personal properly is significant for its architectural, azchaeological, artistic, cultural or historical
<br />associations, or significant for its relationship to other property significant for architectural, archaeological, artistic,
<br />cultural or historical associations, or significant for its natural, scenic or open condition; and (ii) said real or personal
<br />property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of
<br />real or personal properties of architectural, archaeological, artistic, cultural, historical, natural or scenic significance;
<br />and (iii) where a preservation agreement or conservation agreement as defined in G.S. 121-35 is placed in the deed
<br />conveying said property from the city to the nonprofit corporation or trust. Said nonprofit corporation or trust shall
<br />only dispose of or use said real or personal property subject to covenants or other legally binding restrictions which
<br />will promote the preservation or conservation of the property, and, where appropriate, secure rights of public access.
<br />(c) A city council may adopt regulations prescribing procedures for disposing of personal property valued at
<br />less than thirty thousand dollars ($30,000) for any one item or group of items in substitution for the requirements of
<br />this Article. The regulations shall be designed to secure for the city fair mazket value for all property disposed of and
<br />to accomplish the disposal efficiently and economically. The regulations may, but need not, require published
<br />notice, and may provide for either public or private exchanges and sales. The council may authorize one or more city
<br />officials to declaze surplus any personal property valued at less than thirty thousand dollars ($30,000) for any one
<br />item or group of items, to set its fair market value, and to convey title to the property for the city in accord with the
<br />regulations. A city official authorized under this section to dispose of property shall keep a record of all property
<br />sold under this section and that record shall generally describe the property sold or exchanged, to whom it was sold,
<br />or with whom exchanged, and the amount of money or other 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 unsold or
<br />unclaimed after the city has exhausted efforts to sell the property using any applicable procedure under this Article;
<br />or (iii) poses a potential threat to the public health or safety. (1971, c. 698, s. 1; 1973, c. 426, s. 42.1; 1983, c. 130, s.
<br />1; c. 456; 1987, c. 692, s. 2; 1987 (Reg. Sess., 1988), c. 1108, s. 9; 1997-174, s. 6; 2001-328, s. 4; 2005-227, s. 3.)
<br />' G-4
<br />Item# 18
<br />Attachment number 2
<br />Page 85 of 133
<br />
|