The following definitions shall be applied throughout this chapter.
When no definition is specified, the normal dictionary usage of the
word shall apply.
That portion of a street between curblines and adjacent property
lines.
[Amended 11-17-1998 by Ord. No. 45-98; 3-20-2012 by Ord. No. 18-12]
A.
The municipality may sell and convey any real estate or personal
property owned by the municipality, including park land, in such manner
and upon such terms and conditions as may be deemed in the best interests
of the municipality; except that real estate owned by the municipality
may be conveyed without consideration to the State of Nebraska for
state armory sites or, if acquired for state armory sites, shall be
conveyed in the manner strictly as provided in Neb. RS 18-1001 to
18-1006.
B.
The power to sell and convey any real estate owned by the municipality, including park land, except real estate used in the operation of public utilities and except real estate for state armory sites for the use of the State of Nebraska as expressly provided in Subsection A of this section, shall be exercised by ordinance directing the conveyance of such real estate and the manner and terms thereof. Notice of such sale and the terms thereof shall be published for three consecutive weeks in a legal newspaper published in or of general circulation in the municipality immediately after the passage and publication of such ordinance.
C.
If within 30 days after the passage and publication of such ordinance
a remonstrance against such sale is signed by registered voters of
the municipality equal in number to 30% of the registered voters of
the municipality voting at the last regular municipal election held
therein and is filed with the governing body, 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 thirty-day period, but
the filing shall be considered timely if filed or postmarked on or
before the next business day.
D.
Upon the receipt of the remonstrance, the governing body, with the
aid and assistance of the Election Commissioner or County Clerk, shall
determine the validity and sufficiency of signatures on the remonstrance.
The governing body shall deliver the remonstrance to the Election
Commissioner or County Clerk by hand carrier, by use of law enforcement
officials, or by certified mail, return receipt requested. Upon receipt
of the remonstrance, the Election Commissioner or County Clerk shall
issue to the governing body a written receipt that the remonstrance
is in the custody of the Election Commissioner or County Clerk. The
Election Commissioner or County Clerk shall compare the signature
of each person signing the remonstrance with the voter registration
records to determine if each signer was a registered voter on or before
the date on which the remonstrance was filed with the governing body.
The Election Commissioner or County Clerk shall also compare the signer's
printed name, street and number or voting precinct, and municipal
or post office address with the voter registration records to determine
whether the signer was a registered voter. The signature and address
shall be presumed to be valid only if the Election Commissioner or
County Clerk determines that the printed name, street and number or
voting precinct, and municipal or post office address matches the
registration records and that the registration was received on or
before the date on which the remonstrance was filed with the governing
body. The determinations of the Election Commissioner or County Clerk
may be rebutted by any credible evidence which the governing body
finds sufficient. The express purpose of the comparison of names and
addresses with the voter registration records, in addition to helping
to determine the validity of the remonstrance, the sufficiency of
the remonstrance, and the qualifications of the signer, shall be to
prevent fraud, deception, and misrepresentation in the remonstrance
process. Upon completion of the comparison of names and addresses
with the voter registration records, the Election Commissioner or
County Clerk shall prepare in writing a certification under seal setting
forth the name and address of each signer found not to be a registered
voter and the signature page number and line number where the name
is found, and if the reason for the invalidity of the signature or
address is other than the non-registration of the signer, the Election
Commissioner or County Clerk shall set forth the reason for the invalidity
of the signature. If the Election Commissioner or County Clerk determines
that a signer has affixed his or her signature more than once to the
remonstrance and that only one person is registered by that name,
the Election Commissioner or County Clerk shall prepare in writing
a certification under seal setting forth the name for the duplicate
signature and shall count only the earliest dated signature. The Election
Commissioner or County Clerk shall certify to the governing body the
number of valid signatures necessary to constitute a valid remonstrance.
The Election Commissioner or County Clerk shall deliver the remonstrance
and the certifications to the governing body within 40 days after
the receipt of the remonstrance from the governing body. The delivery
shall be by hand carrier, by use of law enforcement officials, or
by certified mail, return receipt requested. Not more than 20 signatures
on one signature page shall be counted.
E.
The governing body shall, within the 30 days after the receipt of
the remonstrance and certifications from the Election Commissioner
or County Clerk, hold a public hearing to review the remonstrance
and certifications and receive testimony regarding them. The governing
body shall, following the hearing, vote on whether or not the remonstrance
is valid and shall uphold the remonstrance if sufficient valid signatures
have been received.
F.
Subsections B through E shall not apply to the sale of real property if the authorizing resolution directs the sale of real property having a total fair market value of less than $5,000. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places 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.[1]
G.
The power of the municipality to convey any personal property owned
by it shall be exercised by resolution directing the sale and the
manner and terms of the sale. Following passage of the resolution
directing the sale of the property, notice of the sale shall be posted
in three prominent places within the City for a period of not less
than seven days prior to the sale of the property. If the fair market
value of the property is greater than $5,000, notice of the sale shall
also be published once in a legal newspaper published in or of general
circulation in such City at least 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.[2]
Trees and shrubs growing upon, or near, the lot line, or upon
public ground, and interfering with the use or construction of any
public improvements shall be deemed an obstruction under this article.
Said trees, shrubs and their roots may be removed by the municipality
at the expense of the owner of the property upon which the tree or
shrub is located should the owner fail or neglect, after notice, to
do so. It shall be unlawful for any person, persons, firm, or corporation
to obstruct or encumber, by fences, gates, buildings, structures,
or otherwise, any of the streets, alleys, or sidewalks. (Neb. RS 16-207)
Persons engaged in the erection, construction, reconstruction,
wrecking, or repairing of any building, or the construction or repair
of a sidewalk along any street, may occupy the public street space
with such building material and equipment as long as is necessary
if such persons shall make application to and receive a permit in
writing from the Street Superintendent to do so; provided that no
permit for the occupancy of the sidewalk space, and more than 1/3
of the roadway of the public space adjacent to the real estate on
which said building is to be constructed, erected, reconstructed,
wrecked, or repaired, shall be granted; and provided, further, that
a suitable passageway for pedestrians shall be maintained within the
public space included in the permit, which shall be protected and
lighted in the manner required by the Street Superintendent.
It is hereby the duty of the Street Superintendent or his duly
authorized agent to view and inspect the sidewalk space within the
corporate limits for growing weeds during the growing season, and
if rank and noxious weeds are found growing thereon, he shall notify
the owner or occupant thereof to cut down such weeds as close to the
ground as can be practicably done and keep the weeds cut thereon in
like manner during the growing season for weeds. In the event that
the owner of any lot or parcel of land within the municipality is
a nonresident of the municipality or cannot be found therein, the
notice may be given to any person having the care, custody, or control
of such lot or parcel of land. In the event that there can be found
no one within the municipality to whom notice can be given, it shall
be the duty of the Street Superintendent or his agent to post a copy
of the notice on the premises and then to cut or cause the weeds thereon
to be cut as therein provided and report the cost thereof in writing
to the governing body. The cost shall then be audited and paid by
the municipality and the amount thereof shall be assessed against
the lot or parcel of land as a special tax thereon and shall be collected
as are other taxes of the municipality or may be recovered by civil
suit brought by the municipality against the owner of the parcel of
land. In the event the property owner is a nonresident of the county
in which the property lies, the municipality shall, before levying
any special assessment against that property, send a copy of any notice
required by law to be published by means of certified mail, return
receipt requested, to the last known address of the nonresident property
owner. The last known address shall be that address listed on the
current tax rolls at the time such required notice was first published.
(Neb. RS 16-230, 18-1719)
All awnings hereafter erected or suffered to remain in the sidewalk
space shall be elevated at least seven feet at the lowest part from
the top of the public sidewalk and shall not project over said sidewalk
to exceed 3/4 of the width thereof. They shall be supported without
posts by iron brackets or by any iron framework attached firmly to
the building, so as to leave the sidewalk wholly unobstructed thereby;
provided that nothing herein shall be construed to prevent the owner
of any building from constructing a substantial awning or marquee
of noncombustible material supported with or without posts over the
sidewalk space if located flush with the outer edge thereof and if
permission in writing shall have first been secured from the Mayor
and Council.
No curb pump or filling station used for the storage and sale
of petroleum products shall be constructed or suffered to remain within
the limits of any street between lot line and lot line. All such curb
pumps or filling stations now erected or hereafter constructed in
the streets of the City are hereby declared to be a nuisance and,
regardless of any permit heretofore granted by the Mayor and Council,
the Mayor and Council are hereby empowered at any time the public
good demands to order the removal of such curb pump or filling station.
Before any curb pump or filling station now located within the limits
of any street shall be removed, the Chief of Police shall serve a
notice on the owner and tenant or user of such pump or station, if
there be any, to remove said pump or filling station beyond the limits
of the street. The Chief of Police shall not serve such order of removal
until the Council by resolution shall direct the same upon a vote
of a majority of the members of the Council. If the owner or lessee
of said curb pump or filling station shall refuse or neglect to comply
with the notice of removal, then the Chief of Police shall remove
said obstruction from the street in which it is situated, shall restore
the street to a condition safe for public travel thereon, shall notify
the owner or lessee that the salvage from said curb pump or filling
station is located at a definite place within the corporate limits
at the expense or risk of said owner or lessee, shall report the expense
of such removal to the Mayor and Council, and, if the expense incident
to the removal thereof be approved by the Council, then a warrant
shall be drawn on the General Fund to reimburse the Chief of Police
for the money expended by him in abating said nuisance. The City shall
thereupon recover the sum so expended by civil suit brought against
the owner or lessee of the pump or filling station in any court of
competent jurisdiction.
[Added 10-6-1987 by Ord.
No. 22-87]
A.
The governing body may, by ordinance, create a special improvement
district for the purpose of replacing, reconstructing, or repairing
an existing street, alley, water line, sewer line, or any other such
improvement.
B.
Except as provided in Neb. RS 19-2428 to 19-2431, the governing body
may levy a special assessment, to the extent of such benefits, for
the costs of such improvements upon the properties found especially
benefitted thereby, whether or not such properties were previously
assessed for the same general purpose. In creating such special improvement
district, the governing body shall follow procedures applicable to
the creation and assessment of the same type of improvement district
as otherwise provided by law.[1]
(Neb. RS 18-1751)
[Added 3-7-1995 by Ord.
No. 20-95[1]]
When acquiring an interest in real property by purchase or eminent
domain, the municipality shall do so only after the governing body
has authorized the acquisition by action taken in a public meeting
after notice and public hearing. The City shall provide to the public
a right of access for recreational use to the real property acquired
for public recreational purposes. Such access shall be at designated
access points and shall be equal to the right of access for recreational
use held by adjacent landowners. The right of access granted to the
public for recreational use shall meet or exceed such right held by
a private landowner adjacent to the real property. (Neb. RS 18-1755)
[Added 3-7-1995 by Ord.
No. 21-95[1]]
The municipality shall not purchase, lease-purchase, or acquire
for consideration real property having an estimated value of $100,000
or more unless an appraisal of such property has been performed by
a certified real property appraiser. (Neb. RS 13-403)
[Amended 12-5-2000 by Ord. No. 56-00; 4-5-2005 by Ord. No. 20-05]
A.
Except as provided in Subsection B of this section, the municipality shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect, professional engineer, or those under the direct supervision of an architect or professional engineer.
B.
Subsection A of this section shall not apply to the following activities:
(2)
Any alteration, renovation, or remodeling of a building if the
alteration, renovation, or remodeling does not affect architectural
or engineering safety features of the building;
(3)
Performance by the municipality of professional services for
itself if the municipality appoints a municipal engineer or employs
a full-time person licensed under the Engineers and Architects Regulation
Act (Neb. RS 81-3401 et seq.) who is in responsible charge of architectural
or engineering work;
(4)
The practice of any other certified trade or legally recognized
profession;
(5)
Earthmoving and related work associated with soil and water
conservation practices performed on any land owned by the municipality
that is not subject to a permit from the Department of Natural Resources;
(6)
The work of employees and agents of the municipality performing,
in accordance with other requirements of law, their customary duties
in the administration and enforcement of codes, permit programs, and
land use regulations and their customary duties in utility and public
works construction, operation, and maintenance;
(7)
Those services ordinarily performed by subordinates under direct
supervision of a professional engineer or those commonly designated
as locomotive, stationary, marine operating engineers, power plant
operating engineers, or manufacturers who supervise the operation
of or operate machinery or equipment or who supervise construction
within their own plant;
(8)
The construction of water wells as defined in Neb. RS 46-1212,
the installation of pumps and pumping equipment into water wells,
and the decommissioning of water wells, unless such construction,
installation, or decommissioning is required by the municipality to
be designed or supervised by an engineer or unless legal requirements
are imposed upon the municipality as a part of a public water supply;
and
(9)
Any other activities described in Neb. RS 81-3449 to 81-3453.
(Neb. RS 81-3423, 81-3445, 81-3449, 81-3453)
