N.C. Gen. Stat. § 115D-15.1

Disposition, acquisition, and construction of property by community college

Redline — June 1, 2021 → current.View current text →

Current — April 1, 2022

As of June 1, 2021

(1) Disposition. - Notwithstanding the provisions of G.S. 115D-14, 115D-15, and 160A-274, the board of trustees of a community college may, in connection with additions, improvements, renovations, or repairs to all or part of its property, lease, sell, or otherwise dispose of any of its property to the county in which the property is located for any price and on any terms negotiated between the board of trustees of the community college and the board of county commissioners.

(1) Disposition. — Notwithstanding the provisions of G.S. 115D-14, 115D-15, and 160A-274, the board of trustees of a community college may, in connection with additions, improvements, renovations, or repairs to all or part of its property, lease, sell, or otherwise dispose of any of its property to the county in which the property is located for any price and on any terms negotiated between the board of trustees of the community college and the board of county commissioners.

(2) Transfer. — An agreement under subsection (a) of this section shall require the county to transfer the property back to the board of trustees of the community college when any financing agreement entered into by the county to finance the additions, improvements, renovations, and repairs has been satisfied.Notwithstanding the transfer of property to the county, the provisions of subsection (d) of this section, G.S. 143-129, and G.S. 143-341 apply to the capital improvement project.

(3) Acquisition and Construction. - Notwithstanding the provisions of G.S. 115D-14 and G.S. 115D-20(3), the board of trustees of a community college may acquire, by any lawful method, any interest in real or personal property in the county in which the community college is located or in its service delivery area for use by the board of trustees. The board of trustees may contract for the construction, equipping, expansion, improvement, renovation, repair, or otherwise making available for use by the board of trustees of the community college of all or part of the property upon any terms negotiated between the board of trustees of the community college and the board of county commissioners.

(3) Acquisition and Construction. — Notwithstanding the provisions of G.S. 115D-14 and G.S. 115D-20(3), the board of trustees of a community college may acquire, by any lawful method, any interest in real or personal property in the county in which the community college is located or in its service delivery area for use by the board of trustees. The board of trustees may contract for the construction, equipping, expansion, improvement, renovation, repair, or otherwise making available for use by the board of trustees of the community college of all or part of the property upon any terms negotiated between the board of trustees of the community college and the board of county commissioners.

(4) Approval. - The actions of a board of trustees of a community college taken pursuant to this section are subject to the approval of the State Board of Community Colleges.

(4) Approval. — The actions of a board of trustees of a community college taken pursuant to this section are subject to the approval of the State Board of Community Colleges.

(5) Contract Responsibility. - A county's obligations under a financing contract entered into by the county to finance improvements to real or personal property pursuant to this section shall be the responsibility of the county and not the responsibility of the board of trustees of the community college.

(5) Contract Responsibility. — A county’s obligations under a financing contract entered into by the county to finance improvements to real or personal property pursuant to this section shall be the responsibility of the county and not the responsibility of the board of trustees of the community college.

Notwithstanding the transfer of property to the county, the provisions of subsection (d) of this section, G.S. 143-129, and G.S. 143-341 apply to the capital improvement project.

History

(1999-115, s. 2; 2007-484, s. 29(b).)

Local Modification. - Buncombe: 2013-112, s. 1, as amended by 2018-115, s. 1 (as to subsection (c), and applicable only to construction projects and renovations funded entirely with county funds and coordinated by the County for College uses and purposes between January 1, 2012, and December 31, 2023); Burke: 2007-35, s. 1(a) (as to building located at 2128 South Sterling Street in Morganton); Cleveland: 2009-35, s. 1; Henderson: 2016-22, s. 1 (applicable only to construction and renovation projects by the County at Blue Ridge Community College between January 1, 2015, and December 31, 2020); 2017-21, s. 1 (applicable only to construction and renovation projects by Henderson County on the campus of Blue Ridge Community College located within Henderson County between January 1, 2016, and December 31, 2021); 2019-66 (applicable only to construction and renovation projects by Henderson County on the Henderson County campus of Blue Ridge Community College between January 1, 2019, and December 31, 2023); Stanley: 2014-82, s. 1(a), as amended by 2019-31, s. 1 (as to subsections (b) and (d), and applicable to contracts awarded on or before June 30, 2024); Board of Trustees of Beaufort County Community College: 2009-168, s. 1.1; Cleveland Community College: 2009-35, s. 1; Richmond Community College and City of Laurinburg: 2008-72 (expires December 31, 2011); Stanley Community College: 2014-82, s. 1(a), as amended by 2019-31, s. 1 (as to subsections (b) and (d), and applicable to contracts awarded on or before June 30, 2024); Surry Community College: 2013-67, s. 1; Western Piedmont Community College: 2007-35, s. 1(a).

Effect of Amendments. - Session Laws 2007-484, s. 29(b), effective October 1, 2007, in subsection (b), deleted the last sentence in the first paragraph, which read: "If the county did not enter into a financing agreement, the agreement under subsection (a) of this section shall require the county to transfer the property back to the board of trustees of the community college upon the completion of the additions, improvements, renovations, and repairs," and added the second paragraph; in subsection (c), substituted "in the county" for "from the county", inserted "or in its service delivery area", and substituted "trustees. The board of trustees may contract" for "trustees and may contract."

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.