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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 where it is found to be impossible to drain said eave spouts into the alley.
(Prior Code, § 8-310) Penalty, see § 10.99
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, sidewalk, 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 or unpaved street a vehicle, machine or implement with sharp discs or sharp wheels that bear upon said pavement or unimproved street; 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, where heavy vehicles, structures and machines move along paved or unpaved streets the members of the governing body 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 five-sixteenths of an inch in diameter inclusive of the stud-casting with an average protrusion beyond the tread surface of not more than seven sixty-fourths of an inch between November 1 and April 1; 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; 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 conditions tending to cause a vehicle to slide or skid.
(Prior Code, § 8-311) Penalty, see § 10.99
Statutory reference:
Related provisions, see Neb. RS 60-6,250
Poles, wires, gas mains, pipe lines and other appurtenances of public service 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 governing body in writing. Approval by that body shall be issued in writing. Any public service company granted a right-of-way for the erection and maintenance of poles, conduits, gas mains, pipe lines and wires shall at all times erect and locate their poles, wires, gas mains, pipe lines and other appurtenances at such places and in such manner as shall be designated by the governing body. Such poles, wires, gas mains, pipe lines and other appurtenances shall be removed or relocated by said companies, at their own expense, when requested to do so by the governing body. Any such relocation shall be ordered by resolution of the governing body and the Municipal 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, pipe lines or other appurtenances to be removed. The governing body shall designate another location as closely as possible where said poles, wires, gas mains, pipe lines or other appurtenances may be reset or placed. All poles, wires, gas mains, pipe lines 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, pipe lines or appurtenances shall be confined to the alleys of the municipality.
(Prior Code, § 8-313) Penalty, see § 10.99
To defray the costs and expenses of street improvements as may be authorized by law, the governing body shall have power and authority to levy and collect special taxes and assessments upon the lots and pieces of ground adjacent to, abutting upon or especially benefiting from the street, avenue, alley or sidewalk in whole or in part opened, widened, curbed, curbed and guttered, graded, paved, repaired, graveled, macadamized, parked, extended, constructed or otherwise improved or repaired. The governing body sitting as the Board of Equalization shall review all such improvements in accordance with the procedure provided by law. All special assessments shall be made by the governing body at a regular or special meeting by resolution taking into account the benefits derived or injuries sustained in consequence of such improvements and the amount charged against same. The vote shall be recorded in the minutes. Notice of the time of holding such meeting and the purpose for which it is to be held shall be published in some legal newspaper published or of general circulation in the municipality at least four weeks before the same shall be held. In lieu of such aforementioned notice, personal service may be had upon the persons owning or occupying the property to be assessed. Such assessments shall be known as special assessments for improvements and with the cost of notice shall be levied and collected as a special tax in addition to the taxes for general revenue purposes, subject to the same penalties and collected in like manner as either municipal taxes and shall be certified to the County Clerk by the Municipal Clerk forthwith after the date of levy for collection by the Treasurer of said county unless otherwise specified. The said assessment shall draw interest at 9% per annum.
(Prior Code, § 8-314)
Statutory reference:
Related provisions, see Neb. RS 17-511, 17-524
(A) Improvement of streets on corporate limits. The governing body shall have the power to improve any street or part thereof which divides the municipal corporate area and the area adjoining the municipality. When creating an improvement district including land adjacent to the municipality, the governing body shall have the power to assess to the extent of special benefits, the costs of such improvements upon the properties found especially benefited thereby.
(Prior Code, § 8-315)
(B) Petition for improvements.
(1) Whenever a petition signed by the owners of record title representing more than 60% of the front footage of the property directly abutting upon the street, streets, alley, alleys, public way or the public grounds proposed to be improved, shall be presented and filed with the Municipal Clerk, petitioning therefor, the governing body shall by ordinance create a paving, graveling or other improvement district or districts and shall cause such work to be done or such improvement to be made and shall contract therefor and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street, streets, alley or alleys especially benefited thereby in such district in proportion to such benefits, to pay the cost of such improvement.
(2) The governing body shall have the discretion to deny the formation of the proposed district when the area 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 the grounds for such denial in a written letter to interested parties.
(Prior Code, § 8-316)
(C) Deferral from special assessments.
(1) Whenever the governing body of a municipality creates a paving district 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 division (C), the terms AGRICULTURAL or HORTICULTURAL LAND shall have the meaning specified in Neb. RS 77-1343.
(2) Any owner of record title eligible for the deferral granted by this division (C) shall to secure such assessment, make application to the governing body of the municipality within 90 days after creation of the paving district. Any owner of record title who makes application for the deferral provided by this section shall notify the county’s 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:
(a) The property is within an agricultural use zone and is used exclusively for agricultural use; and
(b) The owner has met the requirements of this division (C).
(3) The deferral provided for in this division (C) shall be terminated upon any of the following events:
(a) Notification by the owner of record title to the governing body to remove such deferral;
(b) 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 division (C)(3)(c) below;
(c) Transfer by reason of death of a former owner to a new owner who does not make application within 125 days of the transfer;
(d) The land is no longer being used as agricultural land; or
(e) Change of zoning to other than an agricultural zone.
(4) Whenever property which has received a deferral pursuant to this division (C) becomes disqualified for such deferral, the owner of record title of such property shall pay to the municipality an amount equal to:
(a) 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
(b) Interest upon the special assessments not paid each year at the rate allowable by law from the dates at which such assessments would have been payable if no deferral had been granted.
(5) In cases where the deferral provided by this division (C) is terminated as a result of a sale or transfer described in divisions (C)(2) or (C)(3) above, the lien for assessments and interest shall attach as of the day preceding such sale or transfer.
(Prior Code, § 8-317)
Statutory reference:
Related provisions, see Neb. RS 17-510, 19-2427