[Amended 1-17-1989 by Ord. No. 1-89]
The governing body may at any time, by ordinance, rename any
street or provide a name for any new street. Buildings used for residence
or business purposes and located along such streets shall retain such
numbers as the governing body may require. It shall be the duty of
the Building Inspector, upon the approval of a permit for the construction
of any new building or buildings, to assign the proper numbers to
said building or buildings and give notice to the owner or owners
and occupant or occupants of the same. (Neb. RS 16-609, 16-614)
The governing body shall have the power to open or widen any
street, alley, or lane within the limits of the municipality; and
to create, open, and improve any new street, alley, or lane; provided
that all damages sustained shall be ascertained in such manner as
shall be provided by ordinance. (Neb. RS 16-609, 16-645)
It shall be unlawful for any person to make an excavation in
any street or streets for any purpose whatsoever unless a written
permit is issued by the Street Superintendent.
[Amended 11-4-1980 by Ord. No. 39-80]
A.
It shall
hereafter be unlawful for any person or persons to move or operate
heavy equipment across any curb, gutter, bridge, culvert, sidewalk,
crosswalk, or crossing on any unpaved street without first having
protected such curb, gutter, bridge, culvert, sidewalks, crosswalk,
or crossing with heavy plank sufficient in strength to warrant the
breaking or damaging of such curb, gutter, bridge, culvert, sidewalk,
crosswalk, or crossing. Hereafter, it shall be unlawful to run, drive,
move, operate, or convey over or across any paved street a vehicle,
machine, or implement with sharp discs or sharp wheels that bear upon
said pavement; with wheels having cutting edges; with wheels having
lugs, any protruding parts, or bolts thereon that extend beyond a
plain tire so as to cut, mark, mar, indent, or otherwise injure or
damage any pavement, gutter, or curb; provided that where heavy vehicles,
structures, and machines move along paved or unpaved streets, the
Municipal Police are hereby authorized and empowered to choose the
route over which the moving of such vehicles, structures, or machines
will be permitted and allowed.
B.
Nothing
in this section shall be construed to apply to pneumatic tires with
metal or metal-type studs not exceeding 5/16 of an inch in diameter
inclusive of the stud-casting with an average protrusion beyond the
tread surface of not more than 7/64 of an inch between October 1 and
April 15; provided that school buses and emergency vehicles shall
be permitted to use metal or metal-type studs all year; and it shall
be permissible to use farm machinery with tires having protuberances
which will not injure the streets. It shall be permissible to use
a rubber-tired crane with a fixed load when such vehicle will be transported
on a state highway or on any road within the corporate limits of the
municipality, the municipality in which the crane is intended to be
transported has authorized a one-day permit for the transportation
of the crane and specified the route to be used and the hours during
which the crane can be transported, such vehicle is escorted by another
vehicle or vehicles assigned by the municipality, and such vehicle's
gross weight does not exceed the limits set out in Neb. RS 60-6, 294;
and it shall be permissible to use tire chains of reasonable proportions
upon any vehicle when required for safety because of snow, ice, or
other condition tending to cause a vehicle to slide or skid.[1]
(Neb. RS 60-6, 250)
The Mayor and Council shall notify the owners in fee simple
of real estate abutting a street, alley, or a part thereof which is
to be put under contract for paving or repaving. Notice shall also
be given to all gas, electric service, and telephone companies. Notice
shall also be given to all consumers of gas, water, and sewer services
which will be discontinued during such construction. Said notice shall
be published one time in a legal newspaper at least 20 days prior
to the beginning of such construction by the party undertaking such
construction, and said notice shall state at what date connections
must be made and excavation completed. All gas, water, sewer, and
underground connections must be made prior to the paving or repaving
of the street under construction. After expiration of such time, permits
for excavation will not be issued, nor will excavation be allowed,
until after the completion of the pavement in said street or alley,
and the formal final acceptance thereof by the proper officials of
the municipality.
No person shall remove, destroy, or tear down any barricade,
fence, railing, or other device erected or constructed for the purpose
of protecting paving or any other work while in course of construction
or after it has been constructed on any of the streets, alleys or
public grounds of the City. No person shall drive over or upon or
go upon any paving or other public work in any of the streets, alleys,
or public grounds of the City while the same is protected by any barrier,
fence, or railing, or until such barrier, fence, or railing has been
removed by the contractors in charge of such work, or by the duly
authorized officials of the City.
[Amended 9-18-1979 by Ord. No. 1189; 10-20-1987 by Ord. No. 25-87]
Supplemental to any existing law on the subject, a municipality may include land adjacent to such municipality when creating an improvement district, such as a sewer, paving, water, water extension, or sanitary sewer extension district. The governing body shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefitted thereby, except as provided in § 340-3.8.
[Amended 10-4-1983 by Ord. No. 26-83; 10-20-1987 by Ord. No. 24-87]
A.
Whenever the governing body of a municipality creates an improvement district as specified in § 340-3.7 which includes land adjacent to the municipality which is within an agricultural use zone and is used exclusively for agricultural use, the owners of record title of such adjacent land may apply for a deferral from special assessments. For purposes of this section, the terms "agricultural use" and "agricultural use zone" shall have the meaning specified in Neb. RS 19-2428.[1]
B.
Any owner of record title eligible for the deferral granted by this section shall, to secure such assessment, make application to the governing body of the municipality within 90 days after creation of an improvement district as specified in § 340-3.7. Any owner of record title who makes application for the deferral provided by this section shall notify the County Register of Deeds of such application in writing prior to approval by the governing body. The governing body shall approve the application of any owner of record title upon a determination that:
C.
The deferral provided for in this section shall be terminated upon
any of the following events:
(1)
Notification by the owner of record title to the governing body
to remove such deferral;
(2)
Sale or transfer to a new owner who does not make a new application within 60 days of the sale or transfer, except as provided in Subsection C(3) of this section;
(3)
Transfer by reason of death of a former owner to a new owner
who does not make application within 125 days of the transfer;
(4)
The land is no longer being used as agricultural land; or
(5)
Change of zoning to other than an agricultural zone.
D.
Whenever property which has received a deferral pursuant to this
section becomes disqualified for such deferral, the owner of record
title of such property shall pay to the municipality an amount equal
to:
(1)
The total amount of special assessments which would have been
assessed against such property, to the extent of special benefits,
had such deferral not been granted; and
(2)
Interest upon the special assessments not paid each year at
the rate of 6% from the dates at which such assessments would have
been payable if no deferral had been granted.
[Amended 10-4-1983 by Ord. No. 27-83]
Owners of lots or lands abutting upon any street, avenue, or
alley within the municipality representing 3/4 of the front footage
thereon may petition the governing body to create an improvement district,
so that such district, when created, will make up one continuous or
extended thoroughfare or more without cost to the municipality. The
governing body shall assess the entire cost of any such improvements
in any such street, avenue, or alley, including intersections of streets
or avenues and spaces opposite alleys, against the private property
within such improvement district or districts. It shall be the duty
of the governing body to create the proper improvement district or
districts, which shall be consecutively numbered, and to improve the
same and to proceed in the same manner and form as hereinbefore provided
for in other paving and improvement districts; provided that the governing
body shall have power to levy the entire cost of such improvements
of any such street, avenue, or alley, including intersections of streets
or avenues and spaces opposite alleys, against the private property
within such district, and to issue street improvement bonds to pay
for such improvements. Such bonds shall be issued to cover the entire
cost of so improving such streets or avenues, intersections of the
same, and spaces opposite alleys. If the assessments hereinbefore
provided for, or any part thereof, shall fail, or for any reason shall
be invalid, the governing body make other and further assessments
upon such lots or lands as may be required to collect from the same
the cost of any improvements properly chargeable thereto, as herein
provided. The governing body shall have the discretion to deny the
formation of the proposed district when the area to be improved has
not previously been improved with a water system, sewer system, and
grading of streets. If the governing body should deny a requested
improvement district formation, it shall state its grounds for such
denial in a written letter to interested parties. (Neb. RS 16-624)
[Amended 8-21-1984 by Ord. No. 22-84[1]]
A.
The Street Superintendent may require the owner of property served
by a driveway approach constructed or maintained upon the street right-of-way
to repair or replace any such driveway approach which is cracked,
broken, or otherwise deteriorated to the extent that it is causing
or is likely to cause damage to or interfere with any street structure,
including pavement or sidewalks.
B.
The Municipal Clerk shall give the property owner notice by registered
letter or certified mail, directed to the last-known address of such
owner or the agent of such owner, directing the repair or replacement
of such driveway approach. If within 30 days of mailing such notice
the property owner fails or neglects to cause such repairs or replacements
to be made, the Street Superintendent may cause such work to be done
and assess the cost upon the property served by such approach.
(Neb. RS 18-1748)
[Amended 8-20-2002 by Ord. No. 31-02[1]]
A.
Upon the vacation of any street or alley by the City, the title to
such property shall vest in the owners of the abutting property and
become a part of such property, one-half on each side thereof, unless
the City reserves title in the ordinance vacating such street or alley.
If title is retained by the City, such property may be sold, conveyed,
exchanged, or leased upon such terms and conditions as shall be deemed
in the best interests of the City.
B.
When a portion of a street or alley is vacated only on one side of
the center thereof, the title to such property shall vest in the owner
of the abutting property and become part of such property, unless
the City reserves title in the ordinance vacating a portion of such
street or alley. If title is retained by the City, such property may
be sold, conveyed, exchanged, or leased upon such terms and conditions
as shall be deemed in the best interests of the City.
C.
When the City vacates all or any portion of a street or alley, the
City shall, within 30 days after the effective date of the vacation,
file a certified copy of the vacating ordinance with the Register
of Deeds for the county in which the vacated property is located to
be indexed against all affected lots.
D.
The title to property vacated pursuant to this section shall be subject
to the following:
(1)
There is reserved to the City the right to maintain, operate, repair,
and renew public utilities existing at the time title to the property
is vacated there; and
(2)
There is reserved to the City, any public utilities, and any cable
television systems the right to maintain, repair, renew, and operate
water mains, gas mains, pole lines, conduits, electrical transmission
lines, sound and signal transmission lines, and other similar services
and equipment and appurtenances, including lateral connections or
branch lines, above, on, or below the surface of the ground that are
existing as valid easements at the time title to the property is vacated
for the purposes of serving the general public or the abutting properties
and to enter upon the premises to accomplish such purposes at any
and all reasonable times.
(Neb. RS 16-611)
