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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 the curb, gutter, bridge, culvert, sidewalks, crosswalk, or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of the 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 the 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 city police are hereby authorized and empowered to choose the route over which the moving of the 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 October 1 and April 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; 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.
(Neb. RS 60-6,250) (1973 Code, § 8-309) Penalty, see § 10.99
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 city. Application for location of the above shall be made to the City Council 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 the places and in the manner as shall be designated by the City Council. The poles, wires, gas mains, pipe lines, and other appurtenances, shall be removed or relocated by the companies at their own expense when requested to do so by the City Council. Any such relocation shall be ordered by resolution of the City Council and the City Clerk/Treasurer shall notify any and all companies affected. The 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 City Council shall designate another location as closely as possible where the 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 city.
(1973 Code, § 8-310) Penalty, see § 10.99
To defray the costs and expenses of street improvements, as may be authorized by law, the City Council 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 benefitting 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 City Council, sitting as the Board of Equalization, shall review all the improvements in accordance with the procedure provided by law. All special assessments shall be made by the City Council at a regular or special meeting by resolution, taking into account the benefits derived or injuries sustained in consequence of the improvements and the amount charged against same. The vote shall be recorded in the minutes. Notice of the time of holding the 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 city at least four weeks before the same shall be held. In lieu of the aforementioned notice, personal service may be had upon the persons owning or occupying the property to be assessed. The 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 other city taxes and shall be certified to the County Clerk by the City Clerk/Treasurer forthwith after the date of levy, for collection by the County Treasurer unless otherwise specified. After it shall become delinquent, the assessment shall draw interest at the legal interest rate per annum.
(Neb. RS 17-511 and 17-524) (1973 Code, § 8-311)
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 City Clerk/Treasurer, petitioning therefor, the City Council shall by ordinance create a paving, graveling, or other improvement district or districts, and shall cause the work to be done or the improvement to be made, and shall contract therefor, and shall levy assessments on the lots and parcels of land abutting on or adjacent to the street, streets, alley, or alleys, especially benefitted thereby in the district in proportion to the benefits, to pay the cost of the improvement.
(Neb. RS 17-510) (1973 Code, § 8-312) (Ord. 496, passed 5-8-1980)
Whenever the City Council shall deem it necessary to make any improvements allowed by statute, the City Council shall by ordinance create a paving, graveling, or other improvement district or districts, and after the passage, approval, and publication or posting of the ordinance, shall publish notice of the creation of any such district or districts for six days in a legal newspaper of the city, if a daily newspaper, or for two consecutive weeks, if the same be a weekly newspaper. If the owners of the record title representing more than 50% of the front footage of the property directly abutting on the street, streets, alley, or alleys to be improved, shall file with the City Clerk/Treasurer within 20 days after the first publication of the notice, written objections to the creation of the district or districts, the improvements shall not be made as provided in the ordinance; but the ordinance shall be repealed. If the objections are not filed against the district in the time and manner aforesaid, the City Council shall forthwith cause the work to be done or the improvement to be made, and shall contract therefor, and shall levy assessments on the lots and parcels of land abutting on or adjacent to the street, streets, alley, or alleys especially benefitted thereby in the district in proportion to the benefits, to pay the cost of the improvement.
(Neb. RS 17-511) (1973 Code, § 8-313) (Ord. 496, passed 5-8-1980)
(A) Whenever the City Council of a city creates an improvement district as specified in § 94.09 which includes land adjacent to the city which is within an agricultural use zone and is used exclusively for agricultural use, the owners of record title of the 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 77-1,343.
(B) Any owner of record title eligible for the deferral granted by this section shall, to secure the assessment, make application to the City Council of the city within 90 days after creation of an improvement district as specified in § 94.08. Any owner of record title who makes application for the deferral provided by this section shall notify the County Register of Deeds of the application in writing prior to approval by the City Council. The City Council shall approve the application of any owner of record title upon determination that the property is within an agricultural use zone and is used exclusively for agricultural use, and the owner has met the requirements of this section.
(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 City Council to remove the 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 division (C)(3) below;
(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 the deferral, the owner of record title of the property shall pay to the city an amount equal to:
(1) The total amount of special assessments which would have been assessed against the property, to the extent of special benefits, had the 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 the assessments would have been payable if no deferral had been granted.
(E) In cases where the deferral provided by this section 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 the sale or transfer.
(Neb. RS 19-2,428 through 19-2,431) (1973 Code, § 8-314) (Ord. 588, passed 10-8-1987)
(A) Generally. It shall be unlawful to erect and maintain mailboxes along the city streets under the following conditions.
(B) Specifically.
(1) The mailbox can only be erected along established rural mail carrier routes or routes to be established by the United States Postal Service.
(2) A mailbox must be of standard size and mounted to conform to the rules and regulations of the United States Postal Service, the state, and be approved by the city.
(3) A mailbox may only be erected upon the curb of the street immediately in front of the property owned by the person erecting the same, unless the person desiring to erect the mailbox first obtains written permission from the landowner who owns the property on which the mailbox is to be erected. A copy of the written permission to erect the mailbox shall be delivered to the City Clerk/Treasurer prior to erecting the same.
(4) A person desiring to erect a mailbox along any street within the city limits shall, prior to erecting the same, execute a memorandum of understanding at the office of the City Clerk/Treasurer wherein he or she shall agree that he or she understands and agrees that in the event that any vehicle is parked in front of the mailbox at the time the rural mail carrier passes the same, the mail will not be delivered on that day and agree to hold the city harmless from the lack of delivery. The person shall agree to hold the city harmless for any damages caused by the placement of the mailbox. The person shall further agree to maintain the mailbox in good repair and shall remove the same immediately upon notice of the city to so remove. Upon execution of the memorandum of understanding, the Director of Public Works shall go to the premises and mark the location allowed for placement of the mailbox. In no event shall any mailbox be placed so as to overhang or obstruct a sidewalk.
(1973 Code, § 8-315) (Ord. 674, passed 12-11-1997) Penalty, see § 10.99
CURB AND GUTTER
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