§ 160A-266. Methods of sale; limitation. - North Carolina Statutes

§ 160A‑266.  Methods of sale; limitation.

(a)        Subject to the limitations prescribed in subsection (b) ofthis section, and according to the procedures prescribed in this Article, acity may dispose of real or personal property belonging to the city by:

(1)        Private negotiation and sale;

(2)        Advertisement for sealed bids;

(3)        Negotiated offer, advertisement, and upset bid;

(4)        Public auction; or

(5)        Exchange.

(b)        Private negotiation and sale may be used only with respectto personal property valued at less than thirty thousand dollars ($30,000) forany one item or group of similar items. Real property, of any value, andpersonal property valued at thirty thousand dollars ($30,000) or more for anyone item or group of similar items may be exchanged as permitted by G.S. 160A‑271,or may be sold by any method permitted in this Article other than privatenegotiation and sale, except as permitted in G.S. 160A‑277 and G.S. 160A‑279.

Provided, however, a city may dispose of real property of any value andpersonal property valued at thirty thousand dollars ($30,000) or more for anyone item or group of similar items by private negotiation and sale where (i)said real or personal property is significant for its architectural,archaeological, artistic, cultural or historical associations, or significantfor its relationship to other property significant for architectural,archaeological, artistic, cultural or historical associations, or significantfor its natural, scenic or open condition; and (ii) said real or personal propertyis to be sold to a nonprofit corporation or trust whose purposes include thepreservation or conservation of real or personal properties of architectural,archaeological, artistic, cultural, historical, natural or scenic significance;and (iii) where a preservation agreement or conservation agreement as definedin G.S. 121‑35 is placed in the deed conveying said property from thecity to the nonprofit corporation or trust. Said nonprofit corporation or trustshall only dispose of or use said real or personal property subject tocovenants or other legally binding restrictions which will promote thepreservation or conservation of the property, and, where appropriate, securerights of public access.

(c)        A city council may adopt regulations prescribing proceduresfor disposing of personal property valued at less than thirty thousand dollars($30,000) for any one item or group of items in substitution for therequirements of this Article. The regulations shall be designed to secure forthe city fair market value for all property disposed of and to accomplish thedisposal efficiently and economically. The regulations may, but need not,require published notice, and may provide for either public or privateexchanges and sales. The council may authorize one or more city officials todeclare surplus any personal property valued at less than thirty thousanddollars ($30,000) for any one item or group of items, to set its fair marketvalue, and to convey title to the property for the city in accord with the regulations.A city official authorized under this section to dispose of property shall keepa record of all property sold under this section and that record shallgenerally describe the property sold or exchanged, to whom it was sold, or withwhom exchanged, and the amount of money or other consideration received foreach sale or exchange.

(d)        A city may discard any personal property that: (i) isdetermined to have no value; (ii) remains unsold or unclaimed after the cityhas exhausted efforts to sell the property using any applicable procedure underthis Article; 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. 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.)