A. Petitions: All petitions for the sale or lease of public land shall be developed in coordination with purchaser or lessor and the Mineral County planning department, or other designee of the board of county commissioners and shall follow these steps and any requirements set forth in Nevada Revised Statutes and/or upon any form adopted by the board of county commissioners for the purposes of petitioning for the sale of public land.
1. Petitions for the sale or lease of other than for economic development purposes as further set forth in subsection B of this section, shall contain the following: the legal description of the property and shall include the manner of purchase or lease, or terms of lease with purchase option.
2. Payment of nonrefundable fees shall accompany the petition.
a. Nonrefundable fees shall include, but not be limited to, appraisal costs, publication costs, survey costs, county staff time, preparation of legal documents, financial or accountant review, and any other costs incurred by the county.
b. Nonrefundable fees shall be credited toward the price of the purchase, lease, or lease with purchase option of the petitioned land by the petitioner if he is the successful bidder.
c. Nonrefundable fees shall be returned to the petitioner if he is not the successful bidder provided the property is sold or leased to another bidder. Mineral County shall retain the nonrefundable fees if no successful bids are received for the property.
d. All petitioners must be prequalified as follows:
(1) A certified cashier's check in the amount of the nonrefundable fees shall be deposited with Mineral County clerk's office no later than five o'clock (5:00) P.M. five (5) days prior to the bid date, excluding the bid date.
(2) All petitioners and/or bidders, at least five (5) days before the meeting held for receiving and considering bids, must submit to the board written notice of their intent to make a bid and a statement establishing his financial responsibility to the satisfaction of the board.
e. Nonrefundable fees may be forfeited to Mineral County if the successful bidder is unable to consummate the sale of the property within sixty (60) days.
3. Upon acceptance of a petition for sale or lease of public property, the board of county commissioners shall, as set forth in this chapter, determine the method of appraising the petitioned for property, select the appraiser, and order the appraisal of the property;
4. Upon receipt of the appraisal, the board of county commissioners shall review the appraisal and, if necessary, conduct a public hearing to set a minimum bid price and other terms and conditions of sale.
5. Following the public hearing to review the appraisal, the board shall adopt a resolution of intent to sell or lease the public property. The resolution shall contain the following:
a. A date set for public hearing not less than twenty one (21) days from the date of publication of said resolution;
b. The legal description of the property to be sold or leased; and
c. The minimum price, terms, and conditions for the sale.
B. Consideration Of Bids; Second Offerings:
1. At the time and place fixed in the resolution of intent for the public meeting, all sealed bids which have been received shall, in public session, be opened, examined and declared by the county commissioners. Of the proposals submitted which conform to all terms and conditions specified in the resolution of intent 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 county commissioners reject all bids.
2. Before accepting any written bid, the county commissioners 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 of intent 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, unless provided otherwise in this chapter.
3. The final acceptance by the county commissioners may be made either at the same session or at any adjourned session of the same public meeting held within twenty one (21) days next following.
4. County commissioners may, either at the same session or at any adjourned session of the same public meeting held within the twenty one (21) 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.
5. If the property is not sold or leased at the initial offering, the county commissioners may offer the property for sale or lease a second time pursuant to this chapter. If there is a material change relating to the title, zoning or an ordinance governing the use of the property, a new appraisal must be obtained pursuant to section 11.04.090 of this chapter before offering the property for sale or lease a second time. If the property is not sold or leased at the second offering, the county commissioners may list the property for sale or lease at the appraised value with a licensed real estate broker, provided the broker or a person related to the broker with the first degree of consanguinity or affinity does not have an interest in the property or an adjoining property. (Ord. 228A, 1-16-2013)