GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999

SESSION LAW 1999-88
SENATE BILL 350

AN ACT TO AMEND THE CHARTER OF THE CITY OF CHARLOTTE WITH RESPECT TO EXECUTION OF DEEDS AND THE DISPOSITION OF REAL PROPERTY BY PRIVATE SALE OR SUBJECT TO RESTRICTIONS OR BOTH.

The General Assembly of North Carolina enacts:

Section 1.  Section 9.22 of the Charter of the City of Charlotte, being Chapter 713 of the 1965 Session Laws as amended by Chapter 216, Session Laws of 1967, Chapter 92 of the Session Laws of 1983, and Chapter 343 of the Session Laws of 1985, and as rewritten by Chapter 170 of the 1995 Session Laws, reads as rewritten:
"Section 9.22.  Real Property. (a) The City Council shall have the power at all times to sell any real property belonging to the city after having advertised the same once a week for four (4) consecutive weeks in a newspaper published in Mecklenburg County following the procedure prescribed by the general laws of the State of North Carolina in the foreclosure of mortgages or deeds of trust under the power of sale therein contained; provided, that before any bid shall be deemed accepted or any sale made, or any title passed by virtue of said sale, such sale shall be confirmed by the City Council and said Council may, in its discretion, refuse confirmation, and when so authorized, a deed for said real estate may be executed by the Mayor or the Mayor's designee and attested by the City Clerk or Deputy City Clerk, with the corporate seal of the city attached; provided, however, this Section shall not apply to plots in the cemetery except as to the manner of execution of the deed. In the sale of real estate, the city is authorized to execute deeds in the usual form and containing full covenants of warranty.
(b)	The City Council is hereby authorized to sell, convey, transfer, or assign any or all right, title and interest in or to real property owned by the City of Charlotte to other governmental units at private sale, when in the judgment of the City, such real property is no longer needed or suitable for the purposes of the City, or when such sale is deemed to be in the public interest.
(c)	The City may convey interests in real property owned by it by private negotiation or sale, with respect to parcels of property having a fair market value of ten thousand dollars ($10,000) or less, and Article 12 of Chapter 160A of the General Statutes shall not apply to such dispositions.  The City Manager is authorized and empowered to approve such dispositions.
(d)	The City may, in addition to other authorized means, convey real property owned by it to persons of low or moderate income for residential purposes using the negotiated offer, advertisement, and upset bid process and requirements established by G.S. 160A-269, provided, however, the City may lower the bid deposit requirement to an amount not less than one percent (1%) of an offeror's bid.
(e)	When the City Council determines that a sale or disposition of property will advance or further any Council adopted economic development, transportation, urban revitalization, community development, or land-use plan or policy, the City may, in addition to other authorized means, sell, exchange, or transfer the fee or any lesser interest in real property, either by public sale or by negotiated private sale.  The City may attach to the transfer and to the interest conveyed such covenants, conditions, or restrictions (or a combination of them) the City deems necessary to further such adopted policies or plans.  The consideration received by the City, if any, for such conveyance may reflect the restricted use of the property resulting from such covenants, conditions, or restrictions.  An interest in property pursuant to this subsection may be conveyed only pursuant to resolution of the City Council authorizing the conveyance.  Notice of the proposed transaction shall be given at least 10 days prior to adoption of the resolution by publication in a newspaper of general circulation, generally describing:
(1)	The property involved;
(2)	The nature of the interest to be conveyed; and
(3)	All of the material terms of the proposed transaction, including any covenants, conditions, or restrictions which may  be applicable.
The notice shall give the time and place of the Council meeting where the proposed transaction will be considered and shall announce the Council's intention to authorize the proposed transaction.  Notwithstanding the foregoing, the city may not sell the land or buildings located at 100 Paul Buck Boulevard by private sale."
Section 2.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 25th day of May, 1999.

s/	Dennis A. Wicker
President of the Senate

s/	James B. Black
Speaker of the House of Representatives