HomeMy WebLinkAboutAgenda - 06-22-1998 - 9fORANGE COUNTY
BOARD OF COMMISSIONERS
Action Agenda
Item No. 9-,E'
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 22, 1998
SUBJECT: Disposition of Chapel Hill-Carrboro City Schools Property
DEPARTMENT: Manager's Office
PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (Y/N) Nii'r` ~-
ATTACHMENT(S):
5/21/98 CHCCS Attorney Letter to BOCC
3/25/98 CHCCS Attorney Memo
NCGS § 115C-518
INFORMATION CONTACT:
Rod Visser, Assistant County Manager
TELEPHONE NUMBERS: - -ext. 2300
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 227-2031
PURPOSE: To consider an offer from the Chapel Hill-Carrboro City Board of Education for the
County to acquire real property no longer needed for school purposes.
BACKGROUND: The Chapel Hill-Carrboro City Schools (CHCCS) own a 738 square foot house
in Jackson, Mississippi valued at $25,580. CHCCS have determined that the property is no longer
needed for school purposes and would like to dispose of it. North Carolina law requires the board
of education to first offer the property to Orange County "at a fair market price or at a price
negotiated between the two boards". If the Orange County Commissioners decline to acquire the
property, CHCCS would be free to dispose of the property in accordance with the provisions
outlined in NCGS § 115C-518.
The Manager, Attorney, and staff have discussed the pros and cons of accepting this site. There is
no ready use to which the property could be put in furtherance of the Board of Commissioners'
goals and policies. If the property were obtained at a nominal price, the County could presumably
sell it and receive the proceeds as general revenue (note that the offer from CHCCS does not state a
proposed sale price). However, if the property were to be acquired from CHCCS at or near its
stated market value, there would likely be no financial gain (and perhaps a financial loss) to the
County from a subsequent resale of the property. Additionally, the acquisition of the property
would require staff and attorney time to handle all legal and administrative procedures associated
with obtaining the property from the school system, and then presumably the subsequent iesale of
the property. The County has no independent assessment of the quality of the property, its
marketability, or any liabilities/liens/restrictions that may be involved with this property.
RECOMMENDATION(S): As the Board decides.
.T OHN G. M CC ORMICK, P. A.
ATTORNEYS AT LAW
THE CORNERSTONE OFFICE BUILDING
976 AIRPORT ROAD, SUITE 150
CHAPEL HILL, NoKI'H CAROLINA 27514
JOHN G. MCCoRMICx PHONE (919)929-7171
KENDRA T. DOCKEKY FACSIMILE (919)929-7219
May 21, 1998 DISTRIBUTED
s e/c
/-J ~%~~
Orange County Board of County Commissioners VIA: U.S. MAIL
200 S. Cameron Street
Hillsborough, North Cazolina 27278
Re: Offer of Mississippi Property from Chapel Hill-Cazrboro City Schools
Deaz Commissioners:
Several years ago, the Chapel Hill-Carrboro City Board of Education was given property that is
located in Jackson, Mississippi to house a branch of our Chapel Hill Training Outreach Project.
The property is a one-story house containing 738 squaze feet and is valued at approximately
$25,580.
Since the property is no longer necessary or desirable for school purposes, the school boazd
would like to dispose of the property. Pursuant to N.C.G.S. § 115C-518 and the attached
resolution that was passed at the April 2 school boazd meeting, the school boazd is offering this
property to Orange County. Once your boazd informs me of your decision to either accept or
reject the offer of the property, our office will perform the necessary functions to dispose of the
property.
Thank you for your time and consideration. If you have any questions or would like additional
information, please do not hesitate to contact either me or John.
Sincerely,
~/
Kendra T. Dockery
Enclosure
cc: Neil G. Pedersen, Superintendent
2
C:\My DowmenaUC CHCCS~ConvaculCHTOP~CH05-2t-98 Caunry Commis Itr.doc
3
J oxx G. M CCORMICK, P. A.
ATTORNEYS AT LAW
THE CORNERSTONE OFFICE BUILDING
976 AIRPORT ROAD, SUITE 150
CHAPEL HILL, NORTH CAROLINA 27514
JOHN G. MCCORMICK PHONE
KENDRA T. DOCKERY FACSIMILE
March 25, 1998
MEMORANDUM
(919)929-7171
(919)929-7219
TO: Chapel Hill-Carrboro City Board of Education
FROM: John G. McCormick, School Board Attorney
~~ Offer of Mississippi Property to Board of County Commissioners
The Chapel Hill-Carrboro City school system is currently negotiating a separation
agreement with the Chapel Hill Training Outreach Project, Inc. ("CHTOP'~ Such an
agreement was needed due to the fact that many of the projects conducted by CHTOP
only indirectly related to the primary mission of the school district.
In connection with the Head Start program, property located in Jackson,
Mississippi was donated to the Boazd. This property currently houses the Mississippi
branch of CHTOP. The property is a one-story house containing 738 square feet and is
valued at approximately $25,580.
Since the property is no longer necessary or desirable for school purposes, the
property should be sold. However, before this property can be sold, our Boazd must offer
the property to the Board of County Commissioners pursuant to N.C.G.S. § 115C-518,
and Board of County Commissioners must decline the property. Therefore, I recommend
the approval of the following resolution:
BE IT RESOLVED, that the Board of Education hereby offers that piece of
property owned by the Chapel Hill-Carrboro City Board of Education and located in
Jackson, Mississippi to the Orange County Board of County Commissioners.
C.Vvty DocumentsUC CHCCS\Contrects\CHTOPICHTOP-OS-25-98 Missiaippi raolution.doc
Chapter 115C. Elementary and Secondary Education. \ SUBCHAPTER IX. 4
PROPERTY. \ ARTICLE 37. School Sites and Property.
115C-518. Disposition of school property; easements and rights-of-way.
Chapter 115C. Elementary and Secondary Education. \ SUBCHAPTER IX.
PROPERTY. \ ARTICLE 37. School Sites and Property. \ 115C-518. Disposition of school
property; easements and rights-of--way.
VIEW THIS SECTION ONLY
(a) When in the opinion of any local board of education the use of any building site or other real
property or personal property owned or held by the board is unnecessary or undesirable for
public school purposes, the local board of education may dispose of such according to the
procedures prescribed in General Statutes, Chapter 160A, Article 12, or any successor provisions
thereto. Provided, when any real property to which the board holds title is no longer sultable or
necessary for public school purposes, the board of county commissioners for the county in which
the property is located shall be afforded the first opportunlty to obtain the property. The board of
education shall offer the property to the board of commissioners at a fair market price or at a
price negotiated between the two boards. If the board of commissioners does not choose to obtain
the property as offered, the board of education may dispose of such property according to the
procedure as herein provided. Provided that no State or federal regulations would prohibit such
action. For the purposes of this section references in Chapter 160A, Article 12, to the "city," the
"council," or a specific city official are deemed to refer, respectively, to the school administrative
unit, the board of education, and the school administrative official who most nearly performs the
same duties performed by the specified city official. A local board of education may also sell any
property other than real property through the facilities of the North Carolina Department of
Administration. The proceeds of any sale of real property or from any lease for a term of over
one year shall be applied to reduce the county's bonded Indebtedness for the school
administrative unit disposing of such real property or for capital outlay purposes.
(b) In addition to the foregoing, local boards of education are hereby authorized and
empowered, in their sound discretion, to grant easements to any public utility, municipality or
quasi-municipal corporations to furnish utility services, with or without compensation except the
benefits accruing by virtue of the location of the said public utility, and to dedicate portions of
any lands owned by such boards asrights-of--way for public streets, roads or sidewalks, with or
without compensation except the benefits accruing by virtue of the location or improvement of
such public streets, roads or sidewalks.
(c) Any sale, exchange or lease of real or personal property by any local board of education
prior to June 18, 1982, and pursuant to the authority of G.S. 115-126 is hereby validated, ratified
and confirmed.
(1955, c. 1372, art. 15, s. 2; 1959, c. 324; c. 573, s. 11; 1961, c. 395; 1975, c. 264; c. 879, s. 46;
1977, c. 803; 1981, c. 423, s. 1; 1981 (Reg. Sess., 1982), c. 1216; 1983, c. 731; 1985 (Reg. Sess.,
1986), c. 975, s. 22.)
Copyright (C) 1997, West Group