(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)