Upon resolution by the governing body of a city authorizing the public sale of real property, a notice containing a description of the property to be sold and designating the place where and the day and hour when the sale will be held shall be published in the city's official newspaper as provided in section 40-01-09 once each week for two consecutive weeks with the last publication being at least ten days in advance of the date set for the sale. The notice shall specify whether the bids are to be received at auction or as sealed bids as determined by the governing body of the city. The property advertised shall be sold to the highest bidder if that person's bid is deemed sufficient by a majority of the members of the governing body.
40-11-04.2. Transfer of real property by exclusive and nonexclusive listing agreements. 1. As an alternative to the procedure established under section 40-11-04.1, the governing body of a city may by resolution: a. Describe the real property of the city which is to be sold; b. Provide a maximum rate of fee, compensation, or commission; and c. Provide that the city reserves the right to reject any and all offers determined to be insufficient. 2. After adoption of the resolution, and publication of the resolution on the city website for at least fourteen days, if the city maintains a website, the governing body of a city may
engage licensed real estate brokers to attempt to sell the described property by way of nonexclusive listing agreements or by way of an exclusive listing agreement if the real estate broker is selected through a competitive process. 3. A proposal from a licensed real estate broker to enter an exclusive listing agreement with the governing body of a city must be based on the: a. Experience of the licensed real estate broker; b. Experience of the licensed real estate broker selling similar property; c. Marketing strategy the licensed real estate broker intends to use; and d. Rate of fee, compensation, or commission the licensed real estate broker intends to accept. 4. In the negotiation of a purchase agreement with a buyer represented by a real estate broker, the governing body of a city may agree to pay compensation to the buyer's real estate broker. In the negotiation of a listing agreement, the governing body of a city shall consider the financial impact of paying compensation to the buyer's real estate broker on the total fees, compensation, or commission that may become payable by the city.
40-11-05. Ordinances and resolutions adopted in council cities - Mayor's veto power - Reconsideration after veto. An ordinance or resolution adopted by the city council of a city operating under the council form of government is not enacted until the ordinance or resolution is approved by the mayor or passed over the mayor's veto. An ordinance or resolution passed by the governing body of a city operating under the council form of government must be deposited in the office of the city auditor for the approval of the mayor. If the mayor approves the ordinance or resolution, the mayor shall sign the ordinance or resolution. An ordinance or resolution not approved by the mayor must be returned by the mayor with the mayor's objections in writing to the next regular or special meeting of the council occurring not less than five days after the passage of the ordinance or resolution. The veto may extend to an entire ordinance or resolution or to any one or more items or appropriations contained in any ordinance or resolution making an appropriation. If a veto extends to only a part of an ordinance or resolution, the residue takes effect. If the mayor fails to return any ordinance or resolution with the mayor's objections within the time specified in this section, the mayor is deemed to have approved the ordinance or resolution. Any veto of an ordinance or resolution may be overridden by the city council, if two-thirds of its members pass a motion to override the veto. Upon such action, the ordinance or resolution is effective notwithstanding the veto. The vote to pass an ordinance or resolution over the mayor's veto must be taken by yeas and nays and entered in the journal.