NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 185

SENATE BILL 260

 

AN ACT TO AMEND THE CHARTER OF THE CITY OF KINSTON.

 

The General Assembly of North Carolina do enact:

 

Section 1.  Chapter 92 of the Session Laws of 1961 is hereby amended by rewriting Section 6-25 of Section 1 thereof so that the same shall hereafter read as follows:

"Sec. 6-25. Sale of Real Property Exceeding Fifteen Thousand Dollars ($15,000) in Value. – (a)  By a two-thirds vote of all the members of the City Council, any real property owned and held by the City for governmental or other purposes having an apparent fair market value in excess of fifteen thousand dollars ($15,000) may be sold to any nongovernmental entity by the City Council, but only at public sale and after advertisement. The resolution authorizing the sale shall describe the property to be sold, the time, place, and terms of sale, and shall state that any offer or bid must be accepted and confirmed by the Council before the sale shall be effective. The resolution may, but need not, require that the highest bidder at the sale deliver to the City Treasurer or other official designated by the City Council, a cash deposit in an amount named in the resolution, to guarantee that, if the sale is confirmed by the Council, the bidder will comply with the terms of his bid. The resolution shall be published in some newspaper published in the City which is qualified to carry legal notices, once a week for four successive weeks, or, if there be no such newspaper, the resolution shall be posted in three public places in the City, and the last publication may, but need not, be on the day of sale. After the bids have been received at the sale, the highest bid for the property shall be reported to the Council, and within 30 days thereafter the Council shall accept or reject the bid. If the bid is rejected, the Council may readvertise the property for sale.

(b)       By a two-thirds vote of all of the members of the City Council, it may, upon such terms and conditions as it deems wise, exchange with, lease to, lease from, sell to, purchase from, or enter into agreements regarding the joint use by, any other governmental unit of any interest of real property which it may own. Action authorized by and taken under this subsection by the City of Kinston or agent thereof, shall be taken only after a public hearing on the proposed action, notice of which shall have been published twice in a newspaper having general circulation in the County or City, the first publication of which shall have been published at least 15 days prior to the date set for the public hearing.

(c)       For the purposes of Subsection (b) 'governmental unit' shall include any municipal agency; any County or agency thereof; any board of education of a school administrative unit; any department, agency, board or commission of the State of North Carolina; and any other political subdivision of the said State or of any of its counties or municipalities."

Sec. 2.  This act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 13th day of April, 1971.