AGENDA #4f
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Resolution Authorizing the Disposition of Surplus Personal or Real Property Through Electronic Auction
DATE: February 28, 2005
The attached resolution would authorize the Manager to use existing private and public electronic auction services to sell surplus Town personal or real property.
BACKGROUND AND DISCUSSION
Effective August 2001, General Statute Section 160A-270 (Attachment 1), allows public agencies to conduct electronic auctions for the sale of real or personal property. A newspaper advertisement is required that identifies the electronic address at which information about the property to be sold may be found as well as the address where the bids may be posted.
The use of public electronic auction services is another tool to create a broader level of exposure and to gain the maximum revenues on the sale of Town surplus property.
RECOMMENDATION
We recommend that the Council adopt the attached resolution to authorize the use of existing private and public electronic auction services to sell surplus Town personal or real property.
ATTACHMENT
A RESOLUTION AUTHORIZING THE USE OF EXISTING PRIVATE OR PUBLIC ELECTRONIC AUCTION SERVICES IN ACCORDANCE WITH STATUTORY REQUIREMENTS (160A-270) (2005-02-28/R-5)
WHEREAS, G.S. 160A-270 of N. C. General Statutes authorizes the Town to dispose of surplus personal or real property; and
WHEREAS, the Town desires to dispose of certain items of surplus personal or real property using electronic auction services; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council hereby authorizes the Manager to use private or public electronic auction services to dispose of surplus personal or real property is hereby granted.
This the 28th day of February, 2005.
§ 160A‑270. Public auction.
(a) Real Property. – When it is proposed to sell real property at public auction, the council shall first adopt a resolution authorizing the sale, describing the property to be sold, specifying the date, time, place, and terms of sale, and stating that any offer or bid must be accepted and confirmed by the council before the sale will be effective. The resolution may, but need not, require the highest bidder at the sale to make a bid deposit in a specified amount. The council shall then publish a notice of the sale at least once and not less than 30 days before the sale. The notice shall contain a general description of the land sufficient to identify it, the terms of the sale, and a reference to the authorizing resolution. After bids have been received, the highest bid shall be reported to the council, and the council shall accept or reject it within 30 days thereafter. If the bid is rejected, the council may readvertise the property for sale.
(b) Personal Property. – When it is proposed to sell personal property at public auction, the council shall at a regular council meeting adopt a resolution or order authorizing an appropriate city official to dispose of the property at public auction. The resolution or order shall identify the property to be sold and set out the date, time, place, and terms of the sale. The resolution or order (or a notice summarizing its contents) shall be published at least once and not less than 10 days before the date of the auction.
(c) The council may conduct auctions of real or personal property electronically by authorizing the establishment of an electronic auction procedure or by authorizing the use of existing private or public electronic auction services. Notice of an electronic auction of property shall identify, in addition to the information required in subsections (a) and (b) of this section, the electronic address where information about the property to be sold can be found and the electronic address where electronic bids may be posted. All requirements of subsections (a) and (b) of this section apply to electronic auctions. (1971, c. 698, s. 1; 1973, c. 426, s. 43; 2001‑328, s. 5.)