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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 such 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 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 city, 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 other city taxes, and shall be certified to the County Clerk by the City Clerk forthwith after the date of levy for collection by the County Treasurer unless otherwise specified. After it shall become delinquent, said assessment shall draw interest at the legal interest rate per annum. In the event the property owner is a non-resident of the county in which the property lies, the city shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Prior Code, § 8-307)
Statutory reference:
Related provisions, see Neb. RS 17-511 and 17-524
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, petitioning therefore the City Council 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 therefore, and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street, streets, alley, or alleys, especially benefitted thereby in such district in proportion to such benefits to pay the cost of such improvement. The City Council 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 City Council should deny a requested improvement district formation, it shall state the grounds for such denial in a written letter to interested parties.
(Prior Code, § 8-309)
Statutory reference:
Related provisions, see Neb. RS 17-510
(A) Whenever the governing body of a municipality creates an improvement district as specified in § 95.10(B), 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 following terms shall mean:
(1) AGRICULTURAL USE. The use of land as described in Neb. RS 77-1359, so that incidental use of the land for nonagricultural or nonhorticultural purposes shall not disqualify the land; and
(2) AGRICULTURAL USE ZONE. Designation of any land predominantly for agricultural or horticultural use by any political subdivision pursuant to Neb. RS 19-925 to 19-933, Chapter 14, Article 4, Chapter 15, Article 9, Chapter 16, Article 9, Chapter 17, Article 10, or Chapter 23, Article 1. The primary objective of the agricultural use zoning shall be to preserve and protect agricultural activities and the potential for the agricultural, horticultural, or open use of land. Uses to be allowed on such lands include primarily agricultural-related or horticultural-related uses, and nonagricultural or nonhorticultural industrial, commercial, or residential uses allowed on such lands shall be restricted so that they do not conflict with or detract from this objective.
(B) (1) 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 § 95.10(A). 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.
(2) 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.
(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 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 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 such deferral, the owner of record title of such property shall pay to the municipality an amount equal to:
(1) 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
(2) 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.
(E) In cases where the deferral provided by this section is terminated as a result of a sale or transfer described in division (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, § 8-310) (Ord. 432, passed 9-15-1987)
Statutory reference:
Related provisions, see Neb. RS 19-2428 through 19-2431
(A) Improvement of streets on corporate limits. The Mayor and Council shall have the power to improve any street or part thereof which divides the city corporate area and the area adjoining the city. When creating an improvement district including land adjacent to the city, the City Council shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefitted thereby.
(Prior Code, § 8-311)
(B) Improvement districts; objections. Whenever the City Council deems it necessary to make any improvements allowed by statute which are to be funded by a levy of special assessment on the property especially benefitted, the City Council shall, by ordinance, create a paving, graveling, or other improvement district and, after the passage, approval, and publication or posting of such ordinance, shall publish notice of the creation of any such district for six days in a legal newspaper of the city, if a daily newspaper, or for two consecutive weeks if it is a weekly newspaper. If no legal newspaper is published in the city, the publication shall be in a legal newspaper of general circulation in the city. If the owners of the record title representing more than 50% of the front footage of the property directly abutting on the street or alley to be improved file with the City Clerk within 20 days after the first publication of such notice, written objections to the creation of such district, such improvement shall not be made as provided in such ordinance, but such ordinance shall be repealed. If objections are not filed against the district in the time and manner prescribed in this section, the City Council shall immediately cause such work to be done or such improvement to be made, shall contract for the work or improvement, and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street or alley especially benefitted in such district in proportion to such benefits to pay the cost of such improvement.
(Prior Code, § 8-312)
(C) Improvement of main thoroughfares. The Mayor and City Council shall have the power by a three-fourths’ vote of the City Council, to create by ordinance a paving, graveling or other improvement district, and to order such work done upon any federal or state highway in the city, or upon a street or route designated by the Mayor and City Council as a main thoroughfare that connects on both ends, to either a federal or state highway or a county road. The City Council shall contract therefore and shall have the power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefitted thereby.
(Prior Code, § 8-313)
(Ord. 544, passed 5-6-1997)
Statutory reference:
Related provisions, see Neb. RS 17-509, 17-511, and 17-512
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SPECIAL DAMAGES. Only those losses or damages or injuries which a property owner suffers that are peculiar or special or unique to his or her property and which result from the City Council vacating a street, avenue, alley, lane, or similar public way. SPECIAL DAMAGES shall not mean those losses or damages or injuries that a property owner suffers that are in common with the rest of the city or public at large, even though those losses or damages or injuries suffered by the property owner are greater in degree than the rest of the city or public at large.
(B) Whenever the City Council decides that it would be in the best interests of the city to vacate a street, avenue, alley, lane, or similar public way, the City Council shall comply with the following procedure.
(1) Notice. Notice shall be given to all abutting property owners either by first class mail to their last known address or if there is no known address then by publishing the notice in a newspaper that is of general circulation in the city. The content of the notice shall advise the abutting property owners that the City Council will consider vacating that street, avenue, alley, lane, or similar public way at its next regular meeting, or, if a special meeting is scheduled for the discussion, then the date, time, and place of that meeting.
(2) Consent; waiver. The City Council may have all the abutting property owners sign a form stating that they consent to the action being taken by the City Council and waive their right of access. The signing of this form shall have no effect on claims for special damages by the abutting property owners but shall create the presumption that the City Council’s action was proper. If the abutting property owners do not sign the consent/waiver form, the City Council may still proceed with vacating the street, avenue, alley, lane, or similar public way under the authority granted by Neb. RS 17-558 and 17-559.
(3) Ordinance. The City Council shall pass an ordinance that includes essentially the following provisions:
(a) A declaration that the action is expedient for the public good or in the best interests of the city;
(b) A statement that the city will have an easement for maintaining all utilities; and
(c) A method or procedure for ascertaining special damages to abutting property owners.
(C) The Mayor shall appoint three, five, or seven disinterested residents of the city to a special commission to ascertain the amount of special damages that the abutting property owners are entitled to receive and which resulted from the City Council vacating the street, avenue, alley, lane, or similar public way. The appointees of the special commission shall be approved by the City Council. Only special damages shall be awarded to the abutting property owners.
(D) In determining the amount of compensation to award the abutting property owners as special damages, the commission shall use the following rule:
An abutting property owner is entitled to recover as compensation the difference between the value of the property immediately before and immediately after the vacating of the street, avenue, alley, lane, or similar public way. If no difference in value exists, the abutting property owner is entitled to no compensation.
(A) First Street north of Main Street shall be closed to all public traffic.
(B) The alleyway located immediately north and parallel to Main Street, shall be closed to public traffic between First Street and Second Street, with ingress and egress from Second Street allowed only to adjoining property owners, to and from their property.
(Prior Code, § 8-317) (Ord. 655, passed - -)
(A) Whenever, by reason of sleet, freezing rain, or a heavy snowfall, a serious public hazard impairing transportation and the movement of fire, medical and police protection services exists, a snow emergency may be declared and such snow emergency shall continue until such time as snow removal, spreading of sand, or salting operations have been declared completed.
(B) The Mayor or the Mayor’s designee shall have the authority to declare a snow emergency when the aforesaid conditions exist, and also to declare the completion of snow emergency operations.
(C) Whenever an emergency exists, the Mayor or the Mayor’s designee shall cause announcement thereof to be made by not less than two or more radio or television stations or other methods of communication, whose normal operating range covers the city in an expeditious manner, within one hour thereafter.
(D) When a snow emergency is in effect, no one shall park a motor vehicle on the streets within the city.
(E) When a snow emergency is in effect, any vehicle parked on the streets in the city shall be ordered removed as hereinafter provided. All vehicles are to remain off of said streets until the snow emergency operations have been completed.
(F) Vehicles parked in violation of this section are a nuisance and a danger and interfere with snow emergency operations and the Chief of Police shall have the authority to order the removal of any vehicle parked in violation of this section. The Chief of Police may issue such order personally or through one of the regular police officers. The costs of towing and storage of such vehicle shall be paid by the registered owner.
(Prior Code, § 8-318) (Ord. 684, passed 3-4-2010) Penalty, see § 10.99