AGENDA #4i
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Resolution Authorizing the Town Manager to Convey by Private Sale an old “Airport Road” Sign to the Chapel Hill Museum
DATE: March 27, 2006
PURPOSE
The attached resolution would authorize the Town Manager to convey by private sale an old “Airport Road” sign to the Chapel Hill Museum at a cost of $0.00.
We recommend adoption of the attached resolution.
The Chapel Hill Museum requested that the Town donate an old “Airport Road” sign to the museum for the purpose of public historical artifact.
APPLICABLE STATE LAW
We researched this request with regard to State law and determined that the following sections of the State Statutes are germane:
§ 160A‑279. Sale of property to entities carrying out a public purpose; procedure.
(a) Whenever a city or county is authorized to appropriate funds to any public or private entity which carries out a public purpose, the city or county may, in lieu of or in addition to the appropriation of funds, convey by private sale to such an entity any real or personal property which it owns; provided no property acquired by the exercise of eminent domain may be conveyed under this section; provided that no such conveyance may be made to a for‑profit corporation. The city or county shall attach to any such conveyance covenants or conditions which assure that the property will be put to a public use by the recipient entity. The procedural provisions of G.S. 160A‑267 shall apply. Provided, however, that a city or county may convey to any public or private entity, which is authorized to receive appropriations from a city or county, surplus automobiles without compensation or without the requirement that the automobiles be used for a public purpose. Provided, however, this conveyance is conditioned upon conveyance by the public or private entity to Work First participants selected by the county department of social services under the rules adopted by the local department of social services. In the discretion of the public or private entity to which the city or county conveys the surplus automobile, when that entity conveys the vehicle to a Work First participant it may arrange for an appropriate security interest in the vehicle, including a lien or lease, until such time as the Work First participant satisfactorily completes the requirements of the Work First program. This subsequent conveyance by the public or private entity to the Work First participant may be without compensation. The participant may be required to pay for license, tag, and/or title.
(b) Notwithstanding any other provision of law, this section applies only to cities and counties and not to any other entity which this Article otherwise applies to.
(c) Repealed by Session Laws 1993, c. 491, s. 1.
(d) This section does not limit the right of any entity to convey property by private sale when that right is conferred by another law, public, or local. (1987, c. 692, s. 1; 1993, c. 491, s. 1; 1998‑195, s. 1.)
§ 160A‑267. Private sale.
When the council proposes to dispose of property by private sale, it shall at a regular council meeting adopt a resolution or order authorizing an appropriate city official to dispose of the property by private sale at a negotiated price. The resolution or order shall identify the property to be sold and may, but need not, specify a minimum price. A notice summarizing the contents of the resolution or order shall be published once after its adoption, and no sale shall be consummated thereunder until 10 days after its publication. (1971, c. 698, s. 1; 1979, 2nd Sess., c. 1247, s. 24.)
(Emphasis added)
The Museum would display the sign as a public historical artifact, and as such it would benefit all citizens. The museum would not receive monetary gain as a direct result of display or sale of the sign.
That the Council adopt the attached resolution authorizing the Town Manager to convey by private sale an old “Airport Road” sign to the Chapel Hill Museum at a cost of $0.00.