The Governing Body may at any time, by resolution, 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. (Ref. 16-609 RS Neb.)
It shall be the duty of the Municipal Clerk upon the erection
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. (Ref. 16-614 RS Neb.)
The Council shall have power to open, control, name, rename,
extend, widen, narrow, vacate, grade, curb, gutter, park, and pave
or otherwise to improve and control and keep in good repair and condition,
in any manner it may deem proper, any street, avenue or alley, public
parks or square, or part of either, within or without the limits of
the City; and it may grade partially or to the established grade,
or park or otherwise improve any width or part of any such street,
avenue or alley. (Ref. 16-609 RS Neb.)
It shall be unlawful for any person to drive any peg or stake
of any kind into the pavement in any street or alley without first
procuring the written consent of the Street Commissioner. (Ref. 16-610
RS Neb.)
It shall be unlawful for any person to place or permit to leak
in the gutter or storm sewers of any street, waste gasoline, kerosene,
or high lubricating oils, paint, paint thinners or the solvents which
may damage or act as a solvent upon said streets. (Ref. 16-610 RS
Neb.)
It is hereby declared unlawful for any person to erect or maintain
any dwelling house or business building within the limits of the Municipality
where the said dwelling or building abuts on any sidewalk or street
without providing proper guttering and eave spouts to receive the
waste waters that collect on the said sidewalks and streets. All eave
spouts erected on any dwelling house or business building shall be
constructed to drain into the alleys, or shall be buried beneath the
sidewalks and drain into the streets or storm sewer or drain where
it is found to be impossible to drain said eave spouts into the alley.
(Ref. 16-610 RS Neb.)
It shall hereafter be unlawful for any person or person 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 against
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, 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. 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 November 1, and March 15; Provided, that school
buses and emergency vehicles shall be permitted to use metal or metal-type
studs all year; 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 39-6, 180(10) RS Neb. 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. (Ref. 16-209, 39-6, 131 RS Neb.)
The Municipal Clerk 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. (Ref. 16-619 RS Neb.)
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, 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, they shall state their grounds for
such denial in a written letter to interested parties. (Ref. 16-624
RS Neb.)
In order to defray the costs and expenses of such improvements
or any of them the Council shall have power and authority to levy
and collect special taxes and assessments upon the lots and pieces
of ground adjacent to or abutting upon the street, avenue, alley or
sidewalk, thus in whole or in part improved or repaired or which may
be specially benefited by such improvements; Provided, the above provisions
shall not apply to ordinary repairs of streets or alleys, and the
cost of such repair shall be paid out of the road fund; and the Council
is authorized to draw warrants against said fund not to exceed 85%
of the amount levied as soon as levy shall be made by the County Board.
The cost of making such improvements of the streets and alleys
within any street improvement district shall be assessed upon the
lots and lands in such districts specially benefited thereby in proportion
to such benefits. The amounts thereof shall be determined by the Council
under the provisions of Section 16-615 RS Neb. The assessment of the
special tax for the cost of such improvements, for graveling alone,
shall be levied at one time and shall become delinquent in equal annual
installments over such period of years, not to exceed 20, as the Council
may determine at the time of making the levy, the first such installment
to become delinquent in 50 days after the date of such levy. Each
of said installments, except the first, shall draw interest at a rate
established by the Council not exceeding the rate of interest specified
in Section 45-104.01 RS Neb. (Ref. 16-615, 16-622, 16-632, 19-2428
through 19-2431, 45-104.01 RS Neb.)
Streets and alleys may be vacated as and when the Council deem
it necessary for the public safety, welfare, and convenience. Upon
the vacation of any street, the same so vacated shall be and remain
the property of the City, but may be sold and conveyed by the City
for any price that shall be agreed upon by 3/4 of the Council. When
an alley is vacated, the same shall revert to the owner of the adjacent
real estate 1/2 on each side thereof except that when any alley is
taken wholly from one or more lots, upon the vacation thereof, it
shall revert to the owner of the abutting property and become a part
of such property. When a portion of a street or alley is vacated only
on one side of the center thereof, the title to such land shall vest
in the owner of the abutting property and become a part of such property.
(Ref. 16-61 IRS Neb.)
The Street Commissioner 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.
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 Commissioner may cause such
work to be done and assess the cost upon the property served by such
approach. (Ref. 18-1748 RS Neb.)
[Amended by Ord. No. 857, 11-21-1989; Ord. 876, 1-22-1991]
It shall be unlawful for any person, firm, corporation, or other
party to remove snow or leaves from any public, semi-public, or private
parking lot, or driveway or sidewalk and place it upon any street
or sidewalk within the City, or upon any fire hydrant. Also, it shall
be unlawful for such snow to be placed within 150 feet of the intersecting
centerlines of two streets at height above which such snow would become
a traffic hazard by inhibiting proper sight distance at intersections
herein determined to be a height of two feet above the top of the
curb. (Ref. 16-207, 16-210 RS Neb.)
[Ord. No. 812, 9-8-1987]
Whenever the Governing Body of a Municipality creates an improvement district as specified in Section 8-109 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 Section 77-1343 Reissue Revised Statutes of Nebraska 1943.
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 Section 8-108. 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 determination that the property (a) is within an agricultural use zone and is used exclusively for agricultural use, and (b) the owner has met the requirements of this Section.
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 subdivision
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.
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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:
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A.
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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
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B.
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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.
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In cases where the deferral provided by this Section is terminated
as a result of a sale or transfer described in subdivision 2 or 3
of this Section the lien for assessments and interest shall attach
as of the day preceding such sale or transfer. (Ref. 19-2428 through
19-2431 RS Neb.)
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