(A) Except as provided in division (I) below, the power of the municipality to convey any real and personal 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 of public auction or by sealed bid of such real and personal property and the manner and terms thereof; except that, such real and personal property shall not be sold at public auction or by sealed bid when:
(1) Such property is being sold in compliance with the requirements of federal or state grants or programs;
(2) Such property is being conveyed to another public agency; or
(3) Such property consists of streets and alleys.
(B) The governing body may establish a minimum price for such real and personal 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 and personal 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 municipality.
(D) If, within 30 days after the third publication of the notice, a remonstrance against such sale is signed by registered voters of the municipality equal in number to 30% of the registered voters of the municipality voting at the last regular municipal election held therein and is filed with the governing body, such 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 governing body, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The governing body shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of lay enforcement officials or by certified mail, return receipt requested. Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the governing body a written receipt that the remonstrance is in the custody of the Election Commissioner or County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the governing body. The Election Commissioner or County Clerk shall also compare the signer’s printed name, street and number or voting precinct and municipal or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the Election Commissioner or County Clerk determines that the printed name, street and number or voting precinct and municipal or post office address matches the registration records and that the registration was received on or before the date on which the remonstrance was filed with the governing body. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the governing body finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance and the qualifications of the signer, shall be to prevent fraud, deception and misrepresentation in the remonstrance process. Upon completion of the comparison of names and addresses with the voter registration records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name and address of each signed found not to be a registered voter and the signature page number and line number where the name is found and, if the reason for the invalidity of the signature or address is other than the non-registration of the signer, the Election Commissioner or County Clerk shall set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature. The Election Commissioner or County Clerk shall certify to the governing body the number of valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk shall deliver the remonstrance and the certifications to the governing body within 40 days after the receipt of the remonstrance from the governing body. The delivery shall be by hand carrier, by use of law enforcement officials or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.
(F) The governing body shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The governing body shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.
(G) Real estate now owned or hereafter owned by the municipality may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, such property shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 to 18-1006.
(H) 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. Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and the terms of the sale. The Municipal Clerk shall upon passage of such ordinance, certify the name of the purchaser to the Register of Deeds of the county in which the property is located.
(I) Divisions (A) to (H) above shall not apply to the sale of real and personal property if the authorizing resolution directs the sale of an item or items of real and personal property, the total fair market value of which is less than $5,000. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the municipality for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.
(Prior Code, § 8-103)
Statutory reference:
Related provisions, see Neb. RS 17-503, 17-503.01