(A) Except as provided in division (G) below, the power of the city to convey any real property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of the real and personal property and the manner and terms thereof, except that the real property shall not be sold at public auction or by sealed bid when:
(1) The property is being sold in compliance with the requirements of federal or state grants or programs;
(2) The property is being conveyed to another public agency; or
(3) The property consists of streets and alleys.
(B) The City Council may establish a minimum price for the real property at which bidding shall begin or shall serve as a minimum for a sealed bid.
(C) After the passage of the resolution directing the sale, notice of all proposed sales of real property described in division (A) above and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the city.
(D) If a remonstrance against the sale, signed by registered voters thereof equal in number to 30% of the registered voters of the city voting at the last regular city election held therein, be filed with the City Council after the third publication notice, the property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance falls upon a Saturday, Sunday, or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day.
(E) Upon the receipt of the remonstrance, the City Council, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The City Council shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of law enforcement officials, or by certified mail, return receipt requested, for comparison of names and addresses with the voter registration records and certification as required by Neb. Rev. Stat. 17-503. The City Council shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or a County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them, the City Council, shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signature have been received.
(F) Following passage of the resolution directing a sale, publishing of the notice of the proposed sale, and passing of the 30-day right-of-remonstrance period, the property shall then be sold. The sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale.
(G) (1) Divisions (A) through (F) above shall not apply to the sale of real property if the authorizing resolution directs the sale of an item or items of real property, the total fair market value of which is less than $5,000.
(2) Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the city for a period of not less than seven days prior to the sale of the property, giving a general description of the property offered for sale and the terms and conditions thereof.
(H) Real estate now owned or hereafter owned by the city may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, the property shall be conveyed strictly in accordance with the conditions of Neb. Rev. Stat. 18-1001 et seq.
(Prior Code, § 92.05) (Ord. 1999-7.27, passed 7-12-1999; Ord. 2004-2.2, passed 2-9-2004)
Statutory reference:
Similar provisions, see Neb. Rev. Stat. 17-503 and 17-503.01