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

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

A commission may privately contract for engineering, legal, surveying, professional or other similar services without advertisement or bid. 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 the provisions of Article 8 of Chapter 143 of the General Statutes. In construing such provisions, the commission shall be considered to be the governing board of a "subdivision of the State," and a contract for demolition or moving of structures, shall be treated in the same manner as a contract for construction or repair. Compliance with such provisions shall not be required, however, where the commission enters into contracts with the municipality which created it for the municipality to furnish any such services, work, apparatus, supplies, materials, or equipment; the making of these contracts without advertisement or bids is hereby specifically authorized. Advertisement or bids shall not be required for any contract for construction, demolition, moving of structures, or repair work, or for the purchase of apparatus, supplies, materials, or equipment, where such contract involves the expenditure of public money in an amount less than five hundred dollars ($500.00). A commission may sell, exchange, or otherwise transfer the fee or any lesser interest in real property in a redevelopment project area to any redeveloper for any public or private use that accords with the redevelopment plan, subject to such covenants, conditions and restrictions as the commission may deem to be in the public interest and in furtherance of the purposes of this Article. In the sale, exchange, or transfer of property, the commission shall exercise the authority and procedure set out in G.S. 160A-268, 160A-269, 160A-270, 160A-271, or 160A-279 for the disposition of property by a city council. Provided, however, that all sales, exchanges, or other transfers of real property from July 9, 1985, to December 31, 1987, in accordance with the provisions of this section prior to its revision on July 9, 1985, shall be and are valid in all respects. A commission may sell personal property having a value of less than five hundred dollars ($500.00) at private sale without advertisement and bids. In carrying out a redevelopment project, the commission may: With or without consideration and at private sale convey to the municipality in which the project is located such real property as, in accordance with the redevelopment plan, is to be laid out into streets, alleys, and public ways. With or without consideration, convey at private sale, grant, or dedicate easements and rights-of-way for public utilities, sewers, streets and other similar facilities, in accordance with the redevelopment plan. With or without consideration and at private sale convey to the municipality, county or other appropriate public body such real property as, in accordance with the redevelopment plan, is to be used for parks, schools, public buildings, facilities or other public purposes. 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 the municipality, convey to a nonprofit association or corporation organized and operated exclusively for educational, scientific, literary, cultural, charitable or religious purposes, no part of the net earnings of which inure to the benefit of any private shareholder or individual, such real property as, in accordance with the redevelopment plan, is to be used for the purposes of such associations or corporations. Such conveyance shall be for such consideration as 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 a committee of three professional real estate appraisers currently practicing in the State, which committee shall be appointed by the commission. All conveyances made under the authority of this subsection shall contain restrictive covenants limiting the use of property so conveyed to the purposes for which the conveyance is made. After receiving the required approval of a sale from the governing body of the municipality, the commission may execute any required contracts, deeds, and other instruments and take all steps necessary to effectuate any such contract or sale. Any contract of sale between a commission and a redeveloper may contain, without being limited to, any or all of the following provisions: Plans prepared by the redeveloper or otherwise and such other documents as may be required to show the type, material, structure and general character of the proposed redevelopment; A statement of the use intended for each part of the proposed redevelopment; A guaranty of completion of the proposed redevelopment within specified time limits; The amount, if known, of the consideration to be paid; Adequate safeguards for proper maintenance of all parts of the proposed redevelopment; Such other continuing controls as may be deemed necessary to effectuate the purposes of this Article. The commission may temporarily rent or lease, operate and maintain real property in a redevelopment project area, pending the disposition of the property for redevelopment, for such uses and purposes as may be deemed desirable even though not in conformity with the redevelopment plan. Any deed to a redeveloper in furtherance of a redevelopment contract shall be executed in the name of the commission, by its proper officers, and shall contain in addition to all other provisions, such conditions, restrictions and provisions as the commission may deem desirable to run with the land in order to effectuate the purposes of this Article. History (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.) Local Modification. - Craven and Duplin: 1963, c. 1212, s. 4; 1965, cc. 539, 818; Durham: 1971, c. 1060; 1973, c. 308; Edgecombe: 1963, c. 1212, s. 4; 1965, cc. 539, 818; Lee: 1971, c. 1060; 1973, c. 308; Lenoir: 1983, c. 207; Macon and Madison: 1963, c. 1212, s. 4; 1965, cc. 539, 818; Mecklenburg: 1971, c. 1060; 1973, c. 308; New Hanover: 1963, c. 1212, s. 4; 1965, cc. 539, 818; Robeson and Sampson: 1971, c. 1060; 1973, c. 308; Swain: 1963, c. 1212, s. 4; 1965, cc. 539, 818; Wayne: 1971, c. 1060; 1973, c. 308; Yancey: 1963, c. 1212, s. 4; 1965, cc. 539, 818; city of Asheboro: 1971, c. 1060; 1973, c. 308; cities of Charlotte and Durham: 1965, c. 1206; 1967, c. 815; city of Fayetteville: 1983, c. 235; city of Goldsboro: 1973, c. 346; 1983 (Reg. Sess., 1984), c. 947; 1985, c. 281; city of Kinston: 1981, c. 868; 1983, c. 207; city of New Bern: 1965, c. 1206; 1967, c. 815; 1971, c. 1060; 1973, c. 1104; city of Raleigh: 1973, c. 346; 1977, c. 76; city of Williamston: 1971, c. 1060; 1975, c. 470; city of Wilmington: 1979, 2nd Sess., c. 1321; 1981, c. 582; town of Chapel Hill: 1973, c. 346; 1975, c. 379; 1977, c. 76; town of Princeville: 1983, c. 265; town of Tarboro: 1973, c. 346; 1975, c. 379. Session Laws 1977, c. 76, amended Session Laws 1973, c. 346, without making any reference to Session Laws 1975, c. 379, which made the 1973 act applicable to the town of Tarboro. Legal Periodicals. - For survey of 1981 administrative law, see 60 N.C.L. Rev. 1165 (1982).