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EQUIPMENT PROCEDURES MANUAL - page 18 / 86

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NCCCS EQUIPMENT MANUAL

DONATED PROPERTY

G.S. 115D 15 permits for the board of trustees to sell or lease real or personal property that has been donated to the college and to use the proceeds for educational purposes as specified by the donor. The procedures are as follows:

  • 1.

    The State Board of Community Colleges (State Board) must approve the acquisition, by any means, of all real property.

  • 2.

    Prior to a board of trustees accepting any donated real or personal property that has conditions as to how to use the proceeds from the sale or lease of the property, the college must submit to the Community College System Office, Administrative and Facility Services Section, a copy of the documents transferring the real or personal property.

  • 3.

    The system office staff will review the documents for compliance with the legislation and present those donations that meet the requirements of the legislation to the State Board for approval.

  • 4.

    If approved by the State Board, the college may accept the donation of this real or personal property. If not approved by the State Board, the college cannot accept the donation of this real or personal property.

  • 5.

    When a college intends to sell or lease any real property, regardless of whether it was donated or purchased, they must obtain State Board approval prior to selling the property.

  • 6.

    The college shall follow the disposal methods authorized under Article 12 of Chapter 160A of the General Statutes to sell or lease any donated real or personal property that has conditions as to how to use the proceeds from the sale or lease of that property.

  • 7.

    The college shall follow the disposal methods authorized under G.S. 115D- 15(a) to sell or lease any real property that does not have conditions as to how to use the proceeds from the sale or lease of that property.

  • 8.

    If a donation of real or personal property does not have any conditions as to how to use the proceeds from the sale or lease, the proceeds must be used for capital outlay purposes.

These statutes do not apply to donations made to a college’s foundation and retained by the foundation. If the foundation subsequently transfers the donation to the college, the above procedures would have to be followed.

12

Oct.2001

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