(A) (1) Except as provided in division (D) of this section, the power of the city to convey any real and personal 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 the real and personal property and the manner and terms thereof, except that the real and personal property shall not be sold at public auction or by sealed bid when:
(a) The property is being sold in compliance with the requirements of federal or state grants or programs;
(b) The property is being conveyed to another public agency; or
(c) The property consists of streets and alleys.
(2) The City Council may establish a minimum price for the real and personal property at which bidding shall begin or shall serve as a minimum for a sealed bid.
(B) After the passage of the resolution directing the sale, notice of all proposed sales of real and personal property described in division (A)(1) of this section 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 city; provided, if a remonstrance against the sale, signed by registered voters thereof equal in number to 30% of the registered voters of the city voting at the last regular city election held therein, be filed with the City Council, within 30 days after the third publication of the notice, the property shall not then, nor within one year thereafter, be sold. If the date for filing 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. Real estate now owned or hereafter owned by the city may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, the property shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 to 18-1006.
(C) Following passage of the resolution directing a sale, publishing of the notice of the proposed sale, and passing of the 30-day right of remonstrance period, the property shall then be sold. The sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale. The City Clerk shall, upon passage of the ordinance, certify the name of the purchaser to the Register of Deeds of the county in which the property is located.
(D) This section shall not apply to the sale of personal property if the authorizing resolution directs the sale of an item or items of personal property the total fair market value of which is less than $1,000. Following the passage of the resolution directing the sale of the property, notice of the sale shall be posted in a prominent place within the city for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.
(Neb. RS 17-503, 17-503.01) (Prior Code, § 8-103)