(A) Except as provided herein, the power of the village 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 such real property and the manner and terms thereof; except that, such real 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 Village Board may establish a minimum price for such 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 village.
(D) If, within 30 days after the third publication of the notice, a remonstrance against such sale, signed by registered voters of the village equal in number to 30% of the registered voters of the village voting at the last regular municipal election held therein be filed with the Village Board, such property shall not then, nor within one year thereafter, be sold. If the date for filing of 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 Village Board, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The Village Board 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. Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the Village Board a written receipt that the remonstrance is in the custody of the Election Commissioner or the 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 Village Board. 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 Village Board. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the Village Board 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 signer 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, county only the earliest dated signature. The Election Commissioner or County Clerk shall certify to the Village Board 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 Board within 40 days after the receipt of the remonstrance from the Board. 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 Village Board 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 Board 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 village may be conveyed without consideration to the state for 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) (1) After the following, the property shall be sold:
(a) Passage of the resolution directing a sale;
(b) Publishing of the notice of the proposed sale; and
(c) Passing of the 30-day right of remonstrance period.
(2) Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale. The Village Clerk/Treasurer 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) through (H) 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 having a total fair market value of less than $5,000. Following the passage of the resolution directing the sale of such property, notice of such sale shall be posted in three prominent places within the village for a period of not less than seven days prior to the sale of such property. Such notice shall give a general description of the property offered for sale and state the terms and conditions of such sale. Confirmation of the sale by passage of an ordinance may be required.
(Prior Code, § 5-104) (Ord. 2006-01, passed 2-7-2006)
Statutory reference:
Related provisions, see Neb. RS 17-503