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Terms Used In North Carolina General Statutes 160A-278

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Council: means the governing board of a city. See North Carolina General Statutes 160A-1
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3

A city may lease land upon such terms and conditions as it deems wise to any person, firm or corporation who will use the land to construct housing for the benefit of persons of low income, or moderate income, or low and moderate income.  Such a housing project may also provide housing to persons of other than low or moderate income, as long as at least twenty percent (20%) of the units in the project are set aside for the exclusive use of persons of low income.  Despite the provisions of N.C. Gen. Stat. § 160A-272, a lease authorized pursuant to this section may be made by private negotiation and may extend for longer than 10 years.  Property may be leased under this section only pursuant to a resolution of the council authorizing the execution of the lease adopted at a regular council meeting upon 10 days’ public notice.  Notice shall be given by publication describing the property to be leased, stating the value of the property, stating the proposed consideration for the lease, and stating the council’s intention to authorize the lease. (1987, c. 464, s. 9.)