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Newton Council adopts resolution to sell 125 South Ervin Avenue under state upset-bid rules

Newton City Council · March 1, 2026
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Summary

The Newton City Council voted unanimously Feb. 3 to adopt a resolution authorizing sale of 125 South Ervin Avenue to a $100,000 bidder under the upset-bid provisions of N.C.G.S. 160A-269; the bidder has deposited 5% as required. Council also approved routine consent items and minutes amendments.

The Newton City Council voted unanimously Feb. 3 to adopt a resolution authorizing the sale of surplus property at 125 South Ervin Avenue and authorized the City Manager or mayor to execute closing documents under North Carolina General Statute 160A-269. City Attorney John Cilley explained that the statute requires an initial bidder to deposit five percent of the bid and allows a 10-day upset-bid period with specified percentage increments; the process repeats until no qualifying upset bids are received.

Cilley told the Council that Teresa K. Setzer submitted an initial bid of $100,000 on Jan. 29, 2026 and deposited the required five percent. Staff recommended the Council consider the $100,000 offer and, if accepted, adopt the attached resolution authorizing the sale in accordance with the statute. Upon motion by Council Member Jody Dixon, seconded by Council Member Bill Powell, the Council unanimously adopted the resolution.

The resolution and related documents are on file in the City Clerk’s office. The adopted motion directs staff to proceed under the upset-bid process in N.C.G.S. 160A-269; if an upset bid occurs staff will re-advertise the increased offer and follow statutory procedures. The initial 5% deposit on the $100,000 offer equals $5,000, per the statutory requirement.

Votes at a glance: the Council recorded unanimous approval for this resolution; the minutes do not list roll-call vote tallies for individual members.