2025 6 17 Regular Session Packet 1
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6.0 Acquisition and Disposal of Real or Personal Property This section delineates how the city can acquire and dispose of real and personal property to comply with numerous state laws that regulate these matters. 6.01 Personal Property Purchases from Other Governmental Agencies As authorized by TCA 12-2- 420, the city may purchase, trade, or receive as a gift any used or surplus personal property from another governmental agency without competitive bidding and public advertising upon approval of the governing bodies involved in the transaction. Any transfer or purchase of surplus personal property from the state shall be retained by the city for one year unless disposal is approved by the state. In addition, TCA 12-2- 407 states that transfers of motor vehicles from the state to the city shall be void and reverted to the state if the city does not transfer title to its name within seven days after the transaction. 6.02 Transfer/Conveyance of Real or Personal Property to Another Public Agency TCA 12-9-110 authorizes the city to transfer/convey real or personal property to another public agency if the receiving public agency uses the property for a public purpose and each governing body that is a party to the contract authorizes such transfer. A declaration of the property as surplus property prior to the transfer/conveyance is not required. Furthermore, TCA 12-2-420 authorizes the city to sell, trade, gift, or barter any used or surplus personal property to another governmental agency upon the authorization of the City Council. 6.03 Sell/Convey of Real Property and Existing Buildings to Not -for-Profit Corporations In accordance with TCA 12-2-302, the city may sell and convey title or lease, not to exceed 50 years, city- owned real property and existing buildings to not -for-profit corporations upon such terms and conditions that are in the best interest of the city. 6.04 Transfer of Fire Department Assets to Volunteer Fire Departments As authorized by TCA 12-3-1206, the city, upon approval of the City Council, may transfer ownership of fire protection assets purchased through or with proceeds of federal, state, or local grants to volunteer fire departments that are registered as nonprofit organizations with the Tennessee Secretary of State’s Office. 6.05 Disposal of Real or Personal Property by Private Negotiations and Sale As authorized by TCA 12-2-501, the city may dispose of city- owned real or personal property by private negotiations and sale when the real or personal property is : 1) significant for its architectural, archaeological, artistic, cultural, or historical associations, 2) significant for its natural, scenic, or open condition, 3) significant for its relationship to such properties, or 4) to be sold to a non- profit corporation or trust whose purpose includes preservation or conservation and a preservation or conservation agreement is placed in the deed conveying the city property to the non- profit corporation or trust detailing the use, disposal, or other restrictions of the property that will promote the preservation or conservation of the property including public access. 15 51