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(A) The village is authorized and empowered to purchase, accept by gift or devise, purchase real estate upon which to erect and erect a building or buildings for an auditorium, fire station, village building or community house for housing village enterprises and social and recreation purposes, and other public buildings, including the construction of buildings authorized to be constructed by Neb. Rev. Stat. Ch. 72, art. 14 and including construction of buildings to be leased in whole or in part by the village to any other political or governmental subdivision of the state authorized by law to lease such buildings, and maintain, manage and operate the same for the benefit of the inhabitants of the village.
(B) Except as provided in division (C) below, before any such purchase can be made or building erected, the question shall be submitted to the electors of the village at a general village election or at an election duly called for that purpose, or as set forth in division (D) below, and be adopted by a majority of the electors voting on such question.
(Neb. Rev. Stat. § 17-953)
(C) If the funds to be used to finance the purchase or construction of a building pursuant to this section are available other than through a bond issue, then either:
(1) Notice of the proposed purchase or construction shall be published in a legal newspaper in or of general circulation in the village, and no election shall be required to approve the purchase or construction unless within 30 days after the publication of the notice, a petition against the purchase or construction is signed by registered voters of the village equal in number to 15% of the registered voters of the village voting at the last regular village election held therein and is filed with the Board of Trustees. If the date for filing the petition falls upon a Saturday, Sunday or legal holiday, the signatures shall be collected within the 30-day period, but the filing shall be considered timely if filed or postmarked on or before the next business day. If a petition with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the village at a general village election or a special election duly called for that purpose. If the purchase or construction is not approved, the property involved shall not then, nor within one year following the election, be purchased or constructed; or
(2) The Board of Trustees may proceed without providing the notice and right of petition required in division (C)(1) above if the property can be purchased below the fair market value as determined by an appraisal, there is a willing seller, and the purchase price is less than $25,000. The purchase shall be approved by the Board of Trustees after notice and public hearing as provided in § 152.23.
(Neb. Rev. Stat. § 17-953.01)
(D) (1) The Board of Trustees adopting the proposition to make such purchase or erect such building or buildings for the purposes set forth in division (A) above shall have the power to borrow money and pledge the property and credit of the village upon its negotiable bonds. No such bonds shall be issued until after the same have been authorized by a majority vote of the electors voting on the proposition of their issuance, at a general village election or at a special election called for the submission of such proposition. The question of such purchase or erection of such a building or buildings, as set forth in division (A) above, and the question of the issuance of the negotiable bonds referred to in this division (D) may be submitted as one question at a general village or special election if so ordered by resolution or ordinance.
(2) Notice of the time and place of the election shall be given by publication in some legal newspaper printed in or of general circulation in the village three successive weeks immediately prior thereto.
(3) No such election for the issuance of such bonds shall be called until a petition therefor signed by at least 10% of the legal voters of the village has been presented to the Board of Trustees. The number of voters voting at the last regular village election prior to the presenting of the petition shall be deemed the number of votes in the village for the purpose of determining the sufficiency of the petition.
(4) The question of bond issues for such purpose in the village when defeated shall not be resubmitted for six months from and after the date of such election.
(5) When the building to be constructed is to be used by the state or its agency or agencies under a lease authorized by Neb. Rev. Stat. Ch. 72, art. 14, or the building is to be leased by any other political or governmental subdivision of the state, when the combined area of the building to be leased by the state or its agency or agencies and the political or governmental subdivision of the state is more than 50% of the area of the building, and when such sum does not exceed $2,000,000, then no such vote of the electors will be required.
(Neb. Rev. Stat. § 17-954)
Notwithstanding any other provision of law, the village shall not purchase, lease-purchase or acquire for consideration real property having an estimated value of $100,000 or more unless an appraisal of such property has been performed by a certified real property appraiser.
(Neb. Rev. Stat. § 13-403)
(A) The village shall acquire an interest in real property by purchase or eminent domain only after the Board of Trustees has authorized the acquisition by action taken in a public meeting after notice and public hearing.
(B) The village shall provide to the public a right of access for recreational use to real property acquired for public recreational purposes. Such access shall be at designated access points and shall be equal to the right of access for recreational use held by adjacent landowners. The right of access granted to the public for recreational use shall meet or exceed such right held by a private landowner adjacent to the real property.
(Neb. Rev. Stat. § 18-1755)
SIDEWALKS
(A) It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice or other substance to accumulate on the sidewalks or to permit any snow, sleet, ice, mud or other substance to remain upon the sidewalk.
(B) Unless the Board of Trustees has provided otherwise, all sidewalks within the business district shall be cleaned within five hours after the cessation of a storm, unless the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be cleaned before 9:00 a.m. the following day, and sidewalks within the residential areas of the village shall be cleaned within 24 hours after the cessation of the storm.
Penalty, see § 152.99
The municipal official in charge of sidewalks may require sidewalks of the municipality to be repaired. Notice to the owners of property upon which such sidewalks in disrepair are located shall require within 48 hours from issuance of notice said owners to make arrangements to have the sidewalk repaired. Said repairs shall be completed within 21 days after issuance of said notice. No special assessment shall be levied against the property unless said owner shall neglect or refuse to repair within the time prescribed, and in the event that such owner fails to repair, the municipality shall cause the repairs to be made and assess the property owner the expense of such repairs. In the event the property owner is a nonresident of the county in which the property lies, the municipality 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 nonresident 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, § 8-203)
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