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AG 2006 08 21
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AG 2006 08 21
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Last modified
8/24/2006 1:40:13 PM
Creation date
11/27/2017 11:33:43 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/21/2006
Board
Board of Commissioners
Meeting Type
Regular
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<br />informing the~Fixed Asset Manager of any transfers, to another department or to surplus for <br />disposal/auction or if any item is no longer utilized and might be useful in another department. <br /> <br />Any time a d~partment wishes to transfer a fixed asset to another department, or to surplus, a transfer form <br />(See Appendix "Elf) must be completed. The basic information needed for each asset is the original <br />department location, description, serial number, fixed asset number, destination department/surplus and <br />date of transfer. This form should be submitted to the Fixed Asset Manager so that fixed asset records can <br />be updated. <br /> <br />3. Disposal of Fi~ed Assets <br />A unit may not dispose of an asset which continues to have a public purpose. Under the North Carolina <br />Constitution, it is generally unconstitutional for local governments to dispose of property for less than its <br />fair market value. A gift of property or a sale at well below market value constitutes the granting of an <br />"exclusive privilege or emolument" to the person receiving the property, which is prohibited by Article 1, <br />Section 32 of the Constitution. Most of the procedures by which a local government is permitted to sell or <br />otherwise dispose of property are competitive, and the NC Supreme Court has indicated that the price <br />resulting froIl) an open and competitive procedure will normally be considered appropriate unless strong <br />evidence indieates that it is so significantly below market value as to show an abuse of discretion. <br /> <br />It is not always constitutionally necessary that a local government receive any monetary consideration when <br />it conveys property. A contract with the receiving party to put the fixed asset to some public use constitutes <br />sufficient consideration for the conveyance. (The receiver is usually, but not always, another government) <br />G.S. 153A-176 provides that a local government may lease, sell, or convey with or without monetary <br />consideration, land or interest in land to a volunteer fire department or to a volunteer rescue squad for the <br />purpose of constructing or expanding volunteer fire department or rescue squad facllities. G.5. 143A-176 <br />provides that "whenever a county is authorized to appropriate funds to any public or private entity which <br />carries out a public purpose, the county may, in lieu of or in addition to the appropriation of funds, convey <br />by private sale to such an entity any real or personal property which it owns.1f <br /> <br />G.S. 153A-176 sets out three competitive methods of sale, each of which is appropriate in any clrcumstance: <br />sealed bid, negotiated offer and upset bid, and public auction. Privately negotiated exchanges of property <br />are also permitted, so long as property of equal value is exchanged between two governmental entitiesi and, <br />privately negotiated sales or other disposition of property is permitted when the property is valued at <br />$30,000 or less. In undertaking any of them, a local government must remember that the statutory <br />procedure must be exactly followed or the transaction risks invalidation by a court. <br /> <br />1. Advertisement for Sealed Bids: <br />a. The same rules apply as in purchasing (G.S. 143-129) <br />b. There is one modification for real property. An advertisement for sealed bids must be <br />published in a newspaper having general circulation in the local government's area not <br />less than 30 days before the date fixed for opening bids. <br /> <br />(Publication must occur 10 days before the bids are opened if only personal property is <br />being sold) The advertisement should generally describe the property, tell where it can be <br />examined and when and where the bids will be opened, state that a five percent (5%) bid <br />deposit is required and will be retained if the successful bidder fails to consummate the <br />contract, and reserve the boards' right to reject any and all bids. Bids must be opened in <br />public and be recorded in the board's minutes. The award should be made to the highest <br />bidder. <br /> <br />2. Negotiated offer, advertisement and upset bids: <br />a. The governing body may solicit or receive an offer to purchase property. <br />b. The offeror must make a deposit of five percent (5%) of the amount offered to be <br />considered by the unit. <br />c. The offer must be advertised ten (10) days before the sale is consummated. The <br />advertisement should include a notice that within ten (10) days any person may raise the <br />bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five <br />percent (5%) of the remainder. This additional bid is referred to as an "upset bid". <br /> <br />F-b <br /> <br />24 <br />
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