(A) (1) The municipality shall have power to open, widen or otherwise improve or vacate any street, avenue, alley or lane within the limits of the municipality and also to create, open and improve any new street, avenue, alley or lane. All damages sustained by the citizens of the municipality, or by the owners of the property therein, shall be ascertained in such manner as shall be provided by ordinance.
(2) Whenever any street or alley is vacated, the same shall revert to the owners of the abutting real estate, one-half on each side thereof and become a part of such property, 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.
(3) When a portion of a street, avenue, alley or lane 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, 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.
(4) When the city vacates all or any portion of a street, avenue, alley or lane, 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.
(5) The title to the property vacated pursuant to this section shall be subject to the following:
(a) 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
(b) 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, 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.
(B) The municipality shall have power to create, open, widen or extend any street, avenue, alley, off-street parking area or other public way, or annul, vacate or discontinue the same.
(Ord. 671, passed 4-2-2002)
Statutory reference:
Similar provisions, see Neb. RS 17-558 and 17-559