(A) (1) The municipality is authorized and empowered to purchase, accept by gift or devise, purchase real estate upon which to erect and erect a building or buildings for an auditorium, fire station, municipal building or community house for housing municipal enterprises and social and recreation purposes, and other public buildings, and maintain, manage and operate the same for the benefit of the inhabitants of the municipality.
(2) Except as provided in division (A)(3) below, before any such purchase can be made or building erected, the question shall be submitted to the electors of the municipality at a general municipal election or at an election duly called for that purpose, or as set forth in Neb. RS 17-954, and be adopted by a majority of the electors voting on such question.
(3) If the funds to be used to finance the purchase or construction of a building pursuant to this section are available other than through a bond issue then either:
(a) Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the municipality and no election shall be required to approve the purchase or construction unless within 30 days after the publication of the notice, a remonstrance against the purchase or construction is signed by registered voters of the municipality equal in number to 15% is filed with the governing body. If the date for filing the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next question shall be submitted to the voters of the municipality voting at the last regular municipal election held therein and is filed with the governing body. If the date for filing the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the questions shall be submitted to the voters of the municipality at a general municipal election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or
(b) The governing body may proceed without providing the notice and right of remonstrance required in division (A)(3)(a) above if the property can be purchased below the fair market value as determined by an appraisal, there is a willing seller, and the purchase price is less than $25,000.
(4) The purchase shall be approved by the governing body after notice and public hearing as provided in Neb. RS 18-1755.
(1976 Code, § 8-107)
(B) When acquiring an interest in real property by purchase or eminent domain, the municipality shall do so only after the governing body has authorized the acquisition by action taken in a public meeting after notice and public hearing.
(1976 Code, § 8-108)
(C) The municipality shall not purchase, lease-purchase or acquire for consideration real property having an estimated value of $100,000 or more unless an appraisal of such property has been performed by a certified real estate appraiser.
(1976 Code, § 8-109)
(Ord. 672, passed 9-17-1981; Ord. 1157, passed 2-6-1995; Ord. 1158, passed 2-6-1995; Ord. 1206, passed 1-22-1996)
Statutory reference:
Related provisions, see Neb. RS 13-403, 17-953, 17-953.01, 18-1755