GENERAL ASSEMBLY OF NORTH CAROLINA

 SESSION 2011

SESSION LAW 2012-30

SENATE BILL 906

AN ACT to allow the town of nags head to lease out property for a licensed Nursing home for up to forty years without treating it as a sale.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 160A-272 reads as rewritten:

"§ 160A-272.  Lease or rental of property.

(a)        Any property owned by a city may be leased or rented for such terms and upon such conditions as the council may determine, but not for longer than 1040 years (except as otherwise provided herein) and only if the council determines that the property will not be needed by the city for the term of the lease. In determining the term of a proposed lease, periods that may be added to the original term by options to renew or extend shall be included. Property may be rented or leased only pursuant to a resolution of the council authorizing the execution of the lease or rental agreement adopted at a regular council meeting upon 10 days' public notice. Notice shall be given by publication describing the property to be leased or rented, stating the annual rental or lease payments, and announcing the council's intent to authorize the lease or rental at its next regular meeting.

(b)        No public notice need be given for resolutions authorizing leases or rentals for terms of one year or less, and the council may delegate to the city manager or some other city administrative officer authority to lease or rent city property for terms of one year or less. Leases for terms of more than 10 40 years shall be treated as a sale of property and may be executed by following any of the procedures authorized for sale of real property.

(c)        The council may approve a lease for the siting and operation of a renewable energy facility, as that term is defined in G.S. 62-133.8(a)(7), for a term up to 20 years without treating the lease as a sale of property and without giving notice by publication of the intended lease. This subsection applies to Catawba, Mecklenburg, and Wake Counties, the Cities of Asheville, Raleigh, and Winston-Salem, and the Towns of Apex, Carrboro, Cary, Chapel Hill, Fuquay-Varina, Garner, Holly Springs, Knightdale, Morrisville, Rolesville, Wake Forest, Wendell, and Zebulon only."

SECTION 2.  This act applies only to the Town of Nags Head and, as to that town only, applies to a lease to allow for the operation of a licensed nursing home permitted under Chapter 131E of the General Statutes.

SECTION 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 18^th day of June, 2012.

                                                    s/  Walter H. Dalton

                                                         President of the Senate

                                                    s/  Dale R. Folwell

                                                         Speaker Pro Tempore of the House of Representatives