AG19830307 - Laserfiche WebLink

Home Browse Search

;7 § 160A-268 CII {s0^. CITIES AND TOWNS ~ 160A-270 ~ 160A;268: Advertisen~ent for sealed bids. The sale of property by advertisement for sealed bids shall be done in the manner )rescribed b( Inly for the ptu'chase of property, except that in ~he case 0f real property ~he/dvcrtisement fro' }fids shal~ be be~n not less than 30 days before Lhe date fixed Ibr opening bids. ~1971. c. 698, s. 13 ~ 1~0A-2~9. Negotiated offer, advertisement, and uPse~ Bids. A OiLy may receive, solicit, or negotiate an oB~r to parchase proper~y and a~ver[ise it fro' upset bids. Wben an offer is made and the council proposes to aeeeP[ iL, [he cound[ shall require the o~ror to deposit five percen~ (6%) or his bid with the city clerk, and simll publish a notice o~tbe offer. The notice shall contain a general descript.im~ ortho properly, the amount aad terms of the and a no~Jce that within 10 days any person may raise the bid by no~ less than ten percent ~10%~ of [he first one thousand dollars (St000} and five percent (5%1 of the remafi~der. When a Bid is raised, the bidder shall deposit with the city clerk five percent (~%) ortho increased bid. ami the clerk shall readver[iso the offer at ~he increased bid. This procedure sliall be repeated until no further qualifying upset hids are received~ at which time the council may acceP~ the offer and sel/the proper~y ~o the highest bidder, The council may at any time r~ct any and all offers. (lgTl, c. 608, s. [; [gTg, 2nd Sess., c. 1247, s. ~ 180A-UT0, Public auction, (a) Real ProperLy. ~ When it is proposed to sell real properly a~ public auction, the council s~all first adopt a resolu[ioa authorizin~ the sale, describing the property to be sold, specifying the date, time, place, and terms of sale and Stating [hal any otter or bid mns~ be accepted and confirmed by the council before ~he sale Will be effective. The rose ution may, but need require the highest bidder aL the sale to make a bid deposit in a specified amount ~he council shall then publish a no[ice of the sale aL least once and not less than 30 days before the sale. The notice shall contain a general description of the land sufficient to identiCv iL, the terms or the sate, and a reference to the aathorizing resolution. Aaer bids have been received, the highest bid shall be reported [o the council, and the council shall accept or reject it within 30 days therea~er. If the bid is rejected, the council may readver[ise the property for sale. (b) Personal Property. ~ When i~ is proposed to sell personal properly public auction, the council shall at a regular council meeting adopt a reaolu[ion or order authorizing an appropriate city official to dispose o~ the proper~y pubJic ancLion. The resolution or order shall identify the property to be sold and set ou~ tim date, Lime, place, and tm'ms of the sale. The resolution or order (or a notice summarizing its contents) shall be published aL leas~ once and not less than 10 days before tbe date 0fthe auction, ilgT1, c. 898, s. 1; 1078, c. 428, s. 43.) CASF. NOTES Editor's Note,--The cases c'ited below were no .qall,, or disposal o£ land or any interest decided under £ormer similtlr provisions therein. Craven ~ounty v. First-Citizens Bank 349 ~~ & .~(~ · ~ ~ ~_~-,~ -~ ~.. I