§ 160A-514. Required procedures for contracts, purchases and sales; powers of commission in carrying out redevelopment project. - North Carolina Statutes

§ 160A‑514.  Required procedures for contracts,purchases and sales; powers of commission in carrying out redevelopmentproject.

(a)        A commission may privately contract for engineering, legal,surveying, professional or other similar services without advertisement or bid.

(b)        In entering and carrying out any contract for construction,demolition, moving of structures, or repair work or the purchase of apparatus,supplies, materials, or equipment, a commission shall comply with theprovisions of Article 8 of Chapter 143 of the General Statutes. In construingsuch provisions, the commission shall be considered to be the governing boardof a "subdivision of the State," and a contract for demolition ormoving of structures, shall be treated in the same manner as a contract forconstruction or repair. Compliance with such provisions shall not be required,however, where the commission enters into contracts with the municipality whichcreated it for the municipality to furnish any such services, work, apparatus, supplies,materials, or equipment; the making of these contracts without advertisement orbids is hereby specifically authorized. Advertisement or bids shall not berequired for any contract for construction, demolition, moving of structures,or repair work, or for the purchase of apparatus, supplies, materials, orequipment, where such contract involves the expenditure of public money in anamount less than five hundred dollars ($500.00).

(c)        A commission may sell, exchange, or otherwise transfer thefee or any lesser interest in real property in a redevelopment project area toany redeveloper for any public or private use that accords with theredevelopment plan, subject to such covenants, conditions and restrictions asthe commission may deem to be in the public interest and in furtherance of thepurposes of this Article. In the sale, exchange, or transfer of property, thecommission shall exercise the authority and procedure set out in G.S. 160A‑268,160A‑269, 160A‑270, 160A‑271, or 160A‑279 for thedisposition of property by a city council. Provided, however, that all sales,exchanges, or other transfers of real property from July 9, 1985, to December31, 1987, in accordance with the provisions of this section prior to itsrevision on July 9, 1985, shall be and are valid in all respects.

(d)        A commission may sell personal property having a value ofless than five hundred dollars ($500.00) at private sale without advertisementand bids.

(e)        In carrying out a redevelopment project, the commission may:

(1)        With or without consideration and at private sale convey tothe municipality in which the project is located such real property as, inaccordance with the redevelopment plan, is to be laid out into streets, alleys,and public ways.

(2)        With or without consideration, convey at private sale,grant, or dedicate easements and rights‑of‑way for publicutilities, sewers, streets and other similar facilities, in accordance with theredevelopment plan.

(3)        With or without consideration and at private sale convey tothe municipality, county or other appropriate public body such real propertyas, in accordance with the redevelopment plan, is to be used for parks,schools, public buildings, facilities or other public purposes.

(4)        In addition to other authority contained in this section,after a public hearing advertised in accordance with the provisions of G.S.160A‑513(e), and subject to the approval of the governing body of themunicipality, convey to a nonprofit association or corporation organized andoperated exclusively for educational, scientific, literary, cultural,charitable or religious purposes, no part of the net earnings of which inure tothe benefit of any private shareholder or individual, such real property as, inaccordance with the redevelopment plan, is to be used for the purposes of suchassociations or corporations. Such conveyance shall be for such considerationas may be agreed upon by the commission and the association or corporation,which shall not be less than the fair value of the property agreed upon by acommittee of three professional real estate appraisers currently practicing inthe State, which committee shall be appointed by the commission. Allconveyances made under the authority of this subsection shall containrestrictive covenants limiting the use of property so conveyed to the purposesfor which the conveyance is made.

(f)         After receiving the required approval of a sale from thegoverning body of the municipality, the commission may execute any requiredcontracts, deeds, and other instruments and take all steps necessary toeffectuate any such contract or sale. Any contract of sale between a commissionand a redeveloper may contain, without being limited to, any or all of thefollowing provisions:

(1)        Plans prepared by the redeveloper or otherwise and suchother documents as may be required to show the type, material, structure andgeneral character of the proposed redevelopment;

(2)        A statement of the use intended for each part of theproposed redevelopment;

(3)        A guaranty of completion of the proposed redevelopmentwithin specified time limits;

(4)        The amount, if known, of the consideration to be paid;

(5)        Adequate safeguards for proper maintenance of all parts ofthe proposed redevelopment;

(6)        Such other continuing controls as may be deemed necessary toeffectuate the purposes of this Article.

Any deed to a redeveloper in furtherance of a redevelopment contractshall be executed in the name of the commission, by its proper officers, andshall contain in addition to all other provisions, such conditions,restrictions and provisions as the commission may deem desirable to run withthe land in order to effectuate the purposes of this Article.

(g)        The commission may temporarily rent or lease, operate andmaintain real property in a redevelopment project area, pending the dispositionof the property for redevelopment, for such uses and purposes as may be deemeddesirable even though not in conformity with the redevelopment plan. (1951, c. 1095, s. 11; 1961, c. 837, s. 9; 1963, c. 1212, ss. 1, 2;1965, c. 679, s. 2; 1967, c. 24, s. 18; c. 932, s. 1; 1973, c. 426, s. 75;1985, c. 665, ss. 1, 2; 1987, c. 364; 1989, c. 413; 2003‑66, ss. 1, 2.)