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)