TITLE 9
PUBLIC WAYS AND PROPERTY
PUBLIC WAYS AND PROPERTY
CHAPTER 1
SALE, EXCHANGE OR LEASE OF CITY REAL PROPERTY
SALE, EXCHANGE OR LEASE OF CITY REAL PROPERTY
SECTION:
9-1-1: Requirement And Process For Using Appraisers
9-1-2: Notice For Sale Or Lease
9-1-3: Resolution Required For And Method Of Sale Or Lease
9-1-4: Exceptions To Public Auction Sales
9-1-5: Additional Powers Of The City
9-1-6: Powers Regarding Eminent Domain
(A) Except as otherwise provided in Nevada Revised Statutes 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by federal law or pursuant to be a cooperative agreement entered into pursuant to Nevada Revised Statutes 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, and except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party or if the sale or lease of real property larger than one acre is approved by the voters at a primary or general election, primary or general city election or special election, the governing body shall, when offering any real property for sale or lease:
1. Obtain two (2) independent and confidential appraisals of the real property before selling or leasing it. The appraisals must be based on the zoning of the real property as set forth in the master plan for the city and have been prepared not more than six (6) months before the date on which real property is offered for sale or lease.
2. Select the two (2) independent appraisers from the list of appraisers established pursuant to article A of this chapter.
3. Verify the qualifications of each appraiser selected pursuant to subsection (A)2 of this section. The determination of the governing body as to the qualifications of the appraiser is conclusive.
(B) An appraiser chosen pursuant to subsection (A) of this section must provide a disclosure statement which includes, without limitation, all sources of income of the appraiser that may constitute a conflict of interest and any relationship of the appraiser with the property owner or the owner of an adjoining property.
(C) An appraiser shall not perform an appraisal on any real property offered for sale or lease by the governing body if the appraiser or a person related to the appraiser within the first degree of consanguinity or affinity has an interest in the real property or an adjoining property. (Ord. 208, 8-10-2005)
Except as otherwise provided in this section and section 9-1-4 of this chapter, Nevada Revised Statutes 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise provided by federal law or pursuant to a cooperative agreement entered into pursuant to Nevada Revised Statutes 277.053 or an interlocal agreement in existence on October 1, 2004, and except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party or if the sale or lease of real property larger than one acre is approved by the voters at a primary or general election, primary or general city election or special election:
(A) If a governing body has determined by resolution that the sale or lease of any real property owned by the city will be the best interest of the city, it may sell or lease the real property in the manner prescribed for the sale or lease of real property in section 9-1-3 of this chapter.
(B) Before the governing body may sell or lease any real property as provided in subsection (A) of this section, it shall:
1. Post copies of the resolution described in subsection (A) of this section in three (3) public places in the city; and
2. Cause to be published at least once a week for three (3) successive weeks, in a newspaper qualified under chapter 238 of Nevada Revised Statutes that is published in the county in which the real property is located, a notice setting forth:
(a) A description of the real property proposed to be sold or leased in such a manner as to identify it;
(b) The minimum price, if applicable, of the real property proposed to be sold or leased; and
(c) The places at which the resolution described in subsection (A) of this section has been posted pursuant to subsection (B)1 of this section, and any other places at which copies of that resolution may be obtained.
(C) If the governing body by its resolution finds additionally that the real property to be sold is worth more than one thousand dollars ($1,000.00), the board shall conduct an appraisal pursuant to section 9-1-1 of this chapter to determine the value of the real property and, except for real property acquired pursuant to Nevada Revised Statutes 371.047, shall not sell or lease it for less than the highest appraised value.
(D) If the real property is appraised at one thousand dollars ($1,000.00) or more, the governing body may:
1. Lease the real property; or
2. Sell the real property for:
(a) Cash; or
(b) Not less than twenty five percent (25%) cash down and upon deferred payments over a period of not more than ten (10) years, secured by a mortgage or deed of trust bearing such interest and upon such further terms as the governing body may specify.
1. A person who owns real property located adjacent to the real property to be sold or leased if the governing body has determined by resolution that:
(a) The real property is a:
(1) Remnant that was separated from its original parcel due to the construction of a street, alley, avenue or other thoroughfare or portion thereof, flood control facility or other public facility;
(2) Parcel that, as a result of its size, is too small to establish an economically viable use by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; or
(3) Parcel which is subject to a deed restriction prohibiting the use of the real property by anyone other than the person who owns real property adjacent to the real property offered for sale or lease; and
(b) The sale or lease will be in the best interest of the city.
2. Another governmental entity if:
(a) The sale or lease restricts the use of the real property to a public use; and
(b) The governing body adopts a resolution finding that the sale or lease will be in the best interest of the city.
(F) A governing body that disposes of real property pursuant to subsection (E) of this section is not required to offer to reconvey the real property to the person from whom the real property was received or acquired by donation or dedication.
(G) If real property that is offered for sale or lease pursuant to this section is not sold or leased at the initial offering of the contract for the sale or lease of the real property, the governing body may offer the real property for sale or lease a second time pursuant to this section. If there is a material change relating to the title, zoning or an ordinance governing the use of the real property, the governing body must obtain a new appraisal of the real property pursuant to the provision of section 9-1-1 of this chapter before offering the real property for sale or lease a second time. If real property that is offered for sale or lease pursuant to this section is not sold or leased at the second offering of the contract for the sale or lease of the real property the governing body may list the real property for sale or lease at the appraised value with a licensed real estate broker, provided that the broker or a person related to the broker within the first degree of consanguinity or affinity does not have an interest in the real property or an adjoining property. (Ord. 208, 8-10-2005)
(A) Except as otherwise provided in this section and section 9-1-2 of this chapter and Nevada Revised Statutes 268.048 to 268.058, inclusive, and 278.479 to 278.4965, inclusive, except as otherwise required by federal law or pursuant to a cooperative agreement entered into pursuant to Nevada Revised Statutes 277.050 or 277.053 or an interlocal agreement in existence on October 1, 2004, and except if the governing body is entering into a joint development agreement for real property owned by the city to which the governing body is a party or if the sale or lease of real property larger than one acre is approved by the voters at a primary or general election, the governing body shall, in open meeting by a majority vote of the members and before ordering the sale or lease at auction of any real property, adopt a resolution declaring its intention to sell or lease the property at auction. The resolution must:
1. Describe the property proposed to be sold or leased in such a manner as to identify it;
2. Specify the minimum price and the terms upon which the property will be sold or leased; and
3. Fix a time not less than three (3) weeks thereafter, for a public meeting of the governing body to be held at its regular place of meeting, at which sealed bids will be received and considered.
(B) Notice of the adoption of the resolution and of the time and place of holding the meeting must be given by:
1. Posting copies of the resolution in three (3) public places in the county not less than fifteen (15) days before the date of the meeting; and
2. Causing to be published at least once a week for three (3) successive weeks before the meeting, in a newspaper qualified under chapter 238 of Nevada Revised Statutes that is published in the county in which the real property is located, a notice setting forth:
(a) A description of the real property proposed to be sold or leased at auction in such a manner as to identify it;
(b) The minimum price of the real property proposed to be sold or leased at auction; and
(c) The places at which the resolution described in subsection (A) of this section has been posted pursuant to subsection (B)1 of this section, and any other places at which copies of that resolution may be obtained.
(C) At the time and place fixed in the resolution for the meeting of the board, all sealed bids which have been received must, in public session, be opened, examined and declared by the governing body. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intention to sell or lease and which are made by responsible bidders, the bid which is the highest must be finally accepted, unless a higher oral bid is accepted or the governing body rejects all bids.
(D) Before accepting any written bid, the governing body shall call for oral bids. If upon the call for oral bidding, any responsible person offers to buy or lease the property upon the terms and conditions specified in the resolution, for a price exceeding by at least five percent (5%) the highest written bid, then the highest oral bid which is made by a responsible person must be finally accepted.
(E) The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the ten (10) days next following.
(F) The governing body may, either at the same session or at any adjourned session of the same meeting held within the ten (10) days next following, if it deems the action to be for the best public interest, reject any and all bids, either written or oral, and withdraw the property from sale or lease.
(G) Any resolution of acceptance of any bid made by the governing body must authorize and direct the mayor to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessor with all the terms or conditions of his contract which are to be performed concurrently therewith. (Ord. 208, 8-10-2005)
(A) The city may sell, lease or otherwise dispose of real property for the purposes of redevelopment or economic development:
1. Without first offering the real property to the public; and
2. For less than fair market value of the real property.
(B) Before the board of councilmen may sell, lease or otherwise dispose of real property pursuant to this section, the city council must:
1. Obtain an appraisal of the property pursuant to section 9-1-1 of this chapter; and
2. Adopt a resolution finding that it is in the best interests of the public to sell, lease or otherwise dispose of the property:
(a) Without offering the property to the public; and
(b) For less than fair market value of the real property.
(C) As used in this section:
ECONOMIC DEVELOPMENT: 1. The establishment of new commercial enterprises or facilities within the city;
2. The support, retention or expansion of existing commercial enterprises or facilities within the city;
3. The establishment, retention or expansion of public, quasi-public or other facilities or operations within the city;
4. The establishment of residential housing needed to support the establishment of new commercial enterprises or facilities or the expansion of existing commercial enterprises or facilities; or
5. Any combination of the activities described in subsections 1 to 4 of this definition, inclusive, to create and retain opportunities for employment for the residents of the city.
REDEVELOPMENT: Has the meaning ascribed to it in Nevada Revised Statutes 279.408. (Ord. 208, 8-10-2005)
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