The Council may at any time by ordinance, rename
any street or provide a name for any street. It shall be the duty
of the Chief Building Official and agents and assistants to assign
numbers to any new or previously erected building and to give notice
to the owner or occupant of the same. Such street names and building
numbers shall then be referred to the City Clerk for proper recording.
[1]
Editor's Note: Former § 166-11, Excavations, was
repealed 10-3-2023 by Ord. No. 2008.
It shall be unlawful for any person to place
or permit to leak in the gutter of any street, waste gasoline, kerosene
or high lubricating oils which damage or act as a solvent upon said
streets.
It is hereby declared unlawful for any person
to erect or maintain any dwelling house or business building within
the zoning jurisdiction of the municipality, where said dwelling or
building abuts any sidewalk or street, without providing proper guttering
and eave spouts to receive the wastewater that collects on said sidewalks
and streets.
The Council shall have the power to open, control,
name, rename, extend, widen, narrow, vacate, grade, curb and gutter
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 zoning jurisdiction of the municipality. It may grade, park or
otherwise improve any width or part of any such street, avenue or
alley.
[Amended 8-3-2021 by Ord.
No. 1933]
A.
Power to vacate. The Council shall have the power to vacate any street
or alley within the limits of the City or within its extraterritorial
jurisdiction.
B.
Title of vacated street or alley. Upon the vacation of any street
or alley, 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. When a portion of a street or alley
is vacated, only 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, unless the City reserves title in the ordinance
vacating a portion of such street or alley. In any vacation under
this section, 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.
Recording. Upon the vacation of all or any portion of a street or
alley, the City Clerk or such person's designee shall, within 30 days
after the effective date of the vacation, file a certified copy of
the vacating ordinance with the Sarpy County Register of Deeds to
be indexed against all affected lots.
D.
Easements. 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.
The Council shall have the power to make improvements
on any street or alley and for that purpose to create suitable improvement
districts which shall be consecutively numbered. Such work shall be
done under contract. Such districts may include properties within
the corporate limits and within county industrial areas and which
divide the city corporate area and the area adjoining the city. Improvement
shall mean, but not be limited to, paving, repaving, graveling, grading,
curbing, guttering and the construction and replacement of pedestrian
walks, plazas, malls, landscaping, lighting systems and permanent
facilities used in connection therewith. Any one paving district or
other improvement district shall include only portions of different
streets or portions of municipal alleys or portions of each which
abut or adjoin so that each district makes up one continuous thoroughfare
or more, except that the district may include a cul-de-sac, any street,
alley or portion thereof which is closed at one end or which connects
with only one other existing street, alley or portion thereof.
The Council shall by ordinance create improvement
districts. Publication of the notice of the purpose of an improvement
district ordinance shall be in a newspaper of general circulation,
published within the municipality one time each week for not less
than 20 days. If the owners of record title representing more than
50% of the property abutting one continuous or extended thoroughfare
or more of the district shall file with the City Clerk, within 20
days from the first publication of the notice of the improvement district,
written objections to the improvement of a district, the work shall
not be done in the improvement district and said ordinance shall be
repealed. If objections are not filed in the amount, time and manner
aforesaid, the Council shall forthwith proceed with construction on
the improvements district.
The Council shall assess the cost of making
improvements upon the lots and lands in such districts specially benefited
in proportion of such benefits. The amounts thereof shall be determined
by the Council in the manner prescribed by law. The assessment of
the special tax for the cost of such improvement shall be levied at
one time and shall become delinquent under the schedule prescribed
by law. Each installment except the first shall draw interest at a
rate provided by state statute from the time of levy until the same
shall become delinquent. After the same shall become delinquent, interest
shall be assessed at a rate provided by state law. Should there be
three or more installments delinquent and unpaid on the same property,
the Council may by resolution declare all future installments on such
property to be due on a future fixed date. The resolution shall set
forth the description of the property and the names of its record
title owners and shall provide that all future installments shall
become delinquent on the date fixed. A copy of such resolution shall
be published one time each week for not less than 20 days in a legal
newspaper of general circulation published in the municipality and
after the fixed date such future installments shall be deemed to be
delinquent, and the municipality may proceed to enforce and collect
the total amount due and all future installments.
For the purpose of paying the cost of improving
any streets, avenues or alleys in any district, exclusive of intersections
of streets, or avenues or spaces opposite alleys therein, the Council
shall have the power and may, by ordinance, cause to be issued bonds
of the municipality to be called "Street Improvement Bonds of District
No. _____," payable in not exceeding 20 years from the date of issuance
and bearing interest payable either annually or semiannually, with
interest coupons attached. Said special tax and assessments shall
constitute a sinking fund for the payment of the bonds; provided that
the entire cost of improving any district properly chargeable to any
lot or land within any such improvement district according to the
front footage thereof, may be paid by the owners of such land within
50 days from the levying of such special taxes and thereupon such
lot or lands shall be exempted from any lien or charge therefor.
Whenever the owners of lots or land abutting
upon any street, avenue or alley within the municipality, representing
3/4 of the front footage thereon, so that such district when created
will make up one continuous or extended thoroughfare or more, shall
petition the Council to make improvement of such street, avenue or
alley without cost to the municipality and to assess the entire cost
of any such improvement, including intersections and spaces opposite
alleys, against the private property within such improvement district.
It shall be the duty of the Council to create the proper improvement
district or districts which shall be consecutively numbered and to
improve the same and proceed in the same manner and form hereinbefore
provided for in other paving and improvement districts; provided that
any such improvement may be paid for by the issuance of street improvement
bonds as provided by law.
The cost of improving the intersections of streets,
avenues or the spaces opposite alleys shall be paid by the municipality
except as hereinabove provided. The Council is hereby authorized to
assess such improvements, issue improvement bonds and levy a special
tax on all of the taxable property in the municipality in the manner
provided by law for the payment thereof
All special assessments shall be a lien upon
the property on which the same were levied from the date of levy and
shall be due and payable to the City Treasurer 30 days after such
levy when not otherwise provided. If the assessment is not paid to
the City Treasurer within the time prescribed, then it shall be certified
to the County Clerk and the County Clerk shall place the special assessment
upon the tax list to be collected as other real estate taxes are collected.
Upon being collected by the County Clerk, said Clerk shall pay over
the proceeds of the tax to the City Treasurer. Special assessments
for paving, repaving, graveling, macadamizing, curbing or curbing
and guttering need not be certified to the County Clerk for collection,
but may be so certified and collected by the County Clerk at the option
of the municipality.
All improvements to any street, avenue or alley
within the municipality for which a special tax shall be levied, shall
be done by contract with the lowest responsible bidder to be determined
by the City Council.
When any improvement is completed according
to contract, it shall be the duty of the Municipal Engineer to inspect
the same and, if the improvement is found to be properly connected,
he shall accept the same and report his acceptance to the Mayor who
shall report the same to the City Council with the recommendation
that the improvement be approved or disapproved. The City Council
may confirm or reject such acceptance. When the ordinance levying
the special assessment tax makes the same due as the improvement is
completed, the Municipal Engineer may accept the same in sections
from time to time, if they are found to be done according to the contract.
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 on any street,
alley or public grounds of the municipality. No person shall drive
over or upon or go upon any paving or other public grounds while the
same is protected by any barrier, fence or railing until such barrier,
fence or railing has been removed by the contractors doing the work
or by the duly authorized officials of the municipality. No person
shall mar, deface, destroy, remove or carry away any street sign or
highway marker within the municipality.
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 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 or 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 Director of Public Works is hereby authorized
and empowered to choose the route over which the moving of such vehicles,
structures or machines will be permitted and allowed.
Poles, wires, gas mains, pipelines and other
appurtenances of public service and cable television companies shall
be located or erected over, upon or under the streets, alleys and
common grounds of the municipality. Application for location of the
above shall be made to the Council in writing. Approval by that body
shall issue in writing. Any public service or cable television company
granted a right-of-way for the erection and maintenance of poles,
conduits, gas mains, pipelines and wires shall at all times erect
and locate their poles, wires, gas mains, pipelines and other appurtenances
at such places and in such manner as shall be designated by the Council.
Such poles, wires, gas mains, pipelines and other appurtenances shall
be removed or relocated by said companies at their own expense when
requested to do so by the Council, and the City Clerk shall notify
any and all companies affected. Said companies shall within 24 hours
after receiving notice, at their own expense, cause the poles, wires,
gas mains, pipelines or other appurtenances to be removed. The Council
shall designate another location as closely as possible where said
poles, wires, gas mains, pipelines or other appurtenances may be reset
or placed. All poles, wires, gas mains, pipelines or other appurtenances
may be reset or placed. All poles, wires, gas mains, pipelines or
other appurtenances shall be reset, placed or erected in such a manner
that they will not interfere with the water system, sewerage system,
poles, wires and mains of any public utility, adjacent buildings,
or with travel on the public ways and property. Whenever possible,
all pole lines, wires, gas mains, pipelines or appurtenances shall
be confined to the alleys of the municipality.
