Ordinance #674- Power to Convey Any Real Property (City), The Elgin City Council

ORDINANCE NO. 674

OF THE

CITY OF ELGIN, NEBRASKA

AN ORDINANCE OF THE CITY OF ELGIN, ANTELOPE COUNTY, NEBRASKA, ESTABLISHING AND REGULATING THE POWER OF THE CITY TO CONVEY ANY REAL PROPERTY OWNED BY THE CITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF ELGIN, NEBRASKA AS FOLLOWS:

Section 1. Section § 6-109 of the Elgin Municipal Code is hereby amended to read and provide as follows:

SECTION 6-109: REAL PROPERTY; SALE AND CONVEYANCE

A. The power of the City Council 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. The City Council may establish a minimum price for such real 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 property described in subsection (A) 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 such 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, such 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 of Nebraska for state armory sites or, if acquired for state armory sites, such property shall be conveyed strictly in accordance with the condition of Neb. Rev. Stat. §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. Such sale be confirmed by passage of an ordinance stating the name of the purchaser and the terms of the sale. The city clerk 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.

D. Subsections (A) through (C) shall not apply to the sale of real property if the authorizing resolution directs the sale of real property and the total fair market value of the real property is less than five thousand dollars ($5,000.00). Instead, following passage of such resolution directing the sale of the real property, notice of the sale shall be posted in three prominent places within the City for a period of not less than 7 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.

Section 2. Any other ordinances in conflict with the terms hereof are hereby repealed.

Section 3. This ordinance shall be in full force and effect on and after its passage, approval, and publication as provided by State Law.

PASSED AND APPROVED this 5th day of August, 2024.

BY /s/ MIKE SCHMITT

Mayor

ATTEST: KRISTIN CHILDERS

City Clerk

PUBLISH: August 14, 2024

ZNEZ