(A) Whenever the City Council of a city creates an improvement district as specified in § 95.010 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 such 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 77-1343.
(Neb. RS 19-2428)
(B) (1) Any owner of record title eligible for the deferral granted by this section shall, to secure such assessment, make application to the City Council within 90 days after creation of an improvement district as specified in § 95.009. 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 City Council.
(2) The City Council 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.
(Neb. RS 19-2429)
(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 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 this division (C) of this section;
(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.
(Neb. RS 19-2430)
(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 city an amount equal to 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. Interest upon the special assessments shall be deferred and shall accrue from the time the property becomes disqualified for deferral. The interest rate shall be the same as was charged to other property owners within the special assessment district in question and amortized over a term to coincide with the original amortization period.
(Neb. RS 19-2431(1))
(E) In cases where the deferral provided by this section is terminated as a result of a sale or transfer described in subdivision (C)(2) or (3) of this section, the lien for assessments and interest shall attach as of the day preceding such sale or transfer.
(Neb. RS 19-2431(2))
('72 Code, § 8-311) (Ord. 1205, passed 9-22-83; Am. Ord. 1283, passed 9-24-87)