(A) The village 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, village building or community house for housing village 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 village.
(B) Except as provided in division (C) below, before any such purchase can be made or building erected, the question shall be submitted to the electors of the village at a general village 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.
(C) 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:
(1) Notice of the proposed purchase or construction shall be published in a newspaper of general circulation in the village and no election shall be required to approve the purchase or construction unless within 30 days after the publication of notice, a remonstrance against the purchase or construction is signed by registered voters of the village equal in number to 15% of the registered voters of the village voting at the last regular village election held therein and is filed with the governing body. If the date of 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 question shall be submitted to the voters of the village at a general 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.
(2) The governing body may proceed without providing the notice and right of remonstrance required in division (C)(1) 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. The purchase shall be approved by the governing body after notice and public hearing as provided in Neb. RS 18-1755.
(Prior Code, § 8-108) (Ord. 240, passed 3-8-1982; Ord. 385, passed 3-13-1996)
Statutory reference:
Similar provisions, see Neb. RS 17-953 and 17-953.01