North Carolina § 160A-272 - Lease or rental of property.

§ 160A-272. Lease or rental of property.

Any property owned by a city may be leased or rented for such terms and upon such conditions as the council may determine, but not for longer than 10 years (except as otherwise provided in subsection (b1) of this section) and only if the council determines that the property will not be needed by the city for the term of the lease. In determining the term of a proposed lease, periods that may be added to the original term by options to renew or extend shall be included. Property may be rented or leased only pursuant to a resolution of the council authorizing the execution of the lease or rental agreement adopted at a regular council meeting upon 30 days' public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the council's intent to authorize the lease or rental at its next regular meeting. No public notice as required by subsection (a1) of this section need be given for resolutions authorizing leases or rentals for terms of one year or less, and the council may delegate to the city manager or some other city administrative officer authority to lease or rent city property for terms of one year or less. Leases for terms of more than 10 years shall be treated as a sale of property and may be executed by following any of the procedures authorized for sale of real property. Notwithstanding subsection (b1) of this section, the council may approve a lease without treating that lease as a sale of property for any of the following reasons: For the siting and operation of a renewable energy facility, as that term is defined in G.S. 62-133.8(a)(7), for a term up to 25 years. For the siting and operation of a tower, as that term is defined in G.S. 146-29.2(a)(7), for communication purposes for a term up to 25 years. For the operation and use of components of a wired or wireless network, for a term up to 25 years; provided, however, that the lease is entered into with a private broadband provider or a cooperative in connection with a grant agreement pursuant to G.S. 143B-1373 and is for a discrete and specific project located in an unserved area of an economically distressed county seeking to provide broadband service to homes, businesses, and community anchor points not currently served. Notwithstanding subsection (a) of this section, any lease by a city of any duration for components of a wired or wireless network shall be entered into on a competitively neutral and nondiscriminatory basis and made available to similarly situated providers on comparable terms and conditions and shall not be used to subsidize the provision of competitive service. History (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 26; 2009-149, ss. 2, 3; 2010-57, s. 2; 2010-63, s. 2(b); 2011-150, s. 1; 2014-120, s. 34; 2015-246, s. 9; 2018-5, s. 37.1(c).) Local Modification. - Cabarrus: 2000-88, s. 2; Chowan: 2018-103, s. 1.5(a); Columbus: 1995 (Reg. Sess., 1996), c. 709, s. 1; Duplin: 1987, c. 50; 1987 (Reg. Sess., 1988), c. 1006, s. 6; Durham: 2005-172, s. 1; Lincoln: 1983 (Reg. Sess., 1984), c. 944; 1989, c. 411, s. 1; Montgomery: 2001-485, s. 3.1; Onslow: 2013-37, s. 1(d); Pasquotank: 1991, c. 382; Sampson: 1985 (Reg. Sess., 1986), c. 943, s. 2; Tyrrell: 1987, c. 781, s. 1.1; Wake: 1979, c. 275; Wilson: 1983, c. 239; city of Asheboro: 1989 (Reg. Sess., 1990), c. 867; city of Burlington: 2014-74, s. 1; city of Charlotte: 2000-26, s. 1, as amended by 2007-255, s. 1; city of Concord: 1985, c. 355, as amended by 2000-88, s. 2; city of Gastonia: 2017-37, s. 1; city of Mount Airy: 2003-281, s. 1; city of Salisbury: 1987, c. 205, s. 1; city of Statesville: 1983 (Reg. Sess., 1984), c. 940; 1987 (Reg. Sess., 1988), c. 883; town of Beaufort: 1979, c. 371; town of Columbia: 1987, c. 781, s. 1.1; town of Hope Mills: 1985, c. 285; town of Huntersville: 2009-298; town of Kenansville: 1987, c. 50; town of Manteo: 1985 (Reg. Sess., 1986), c. 808; town of Matthews: 2001-102; town of Nags Head: 2012-30, s. 1 (as to lease to allow operation of licensed nursing home permitted under Chapter 131E ); town of Newport: 1998-30; village of Wesley Chapel: (as to lease of property to YMCA) 2008-60, s. 1; Carteret County Board of Education: 2002-35, s. 1 (as to lease of property to Boys and Girls Club); Duplin County Board of Education: 1987, c. 50; Elizabeth City - Pasquotank County Airport Authority: 1991, c. 26; Wayne County Airport Authority: 1963, c. 927, s. 12, as amended by 1987, c. 1006, 1998-20, 2010-76; Warren Field Airport Commission: 2002-84, s. 1. Editor's Note. - Session Laws 2009-149, s. 1 initially added a sentence at the end of this section, but was applicable to only the cities of Raleigh and Winston-Salem. As amended, it now applies to more than 10 localities and has been codified as the first sentence of G.S. 160A-272(c) at the direction of the Revisor of Statutes. Session Laws 2009-149, s. 3, as amended by Session Laws 2010-57, 2010-63, and 2011-150, has been codified as the second sentence of subsection (c). Session Laws 2010-57, added the City of Asheville and the Towns of Chapel Hill and Carrboro to the list of localities to which Session Laws 2009-149, s. 2, applied. It expires June 30, 2015, pursuant to Session Laws 2010-57, s. 3. Session Laws 2014-120, s. 60, is a severability clause. Session Laws 2015-246, s. 20, is a severability clause. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2014-120, s. 34, effective September 18, 2014, in subsection (c), substituted "25 years" for "20 years" and deleted the former last sentence concerning the applicable counties. Session Laws 2015-246, s. 9, effective September 23, 2015, substituted "in subsection (b1) of this section" for "herein" in subsection (a); redesignated the last two sentences of subsection (a) as present subsection (a1); substituted "30" for "10" in subsection (a1); inserted "as required by subsection (a1) of this section" in subsection (b); redesignated the last sentence of (b) as present subsection (b1); and in subsection (c), rewrote the existing language, added the subdivision (c)(1) designation, and added subdivision (c)(2). Session Laws 2018-5, s. 37.1(c), effective July 1, 2018, added subdivision (c)(3) and subsection (d).