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(A) It shall be unlawful for any person to cut into any paving, curb or sidewalk for the purpose of constructing a driveway or any other purpose whatsoever without first having obtained a written permit from the City Council. Before any person obtains a permit, he or she shall inform the City Clerk of the place where such cutting is to be done and it shall be the duty of the Street Commissioner to inspect the proposed place of entry into the paving, sidewalk or curb.
(B) When cutting into any paving, curb or sidewalk, it shall be the duty of the party to comply with such rules and regulations as may be prescribed by the Council or the City Engineer. When the applicant is ready to close the opening made, he or she shall inform the Street Commissioner, who shall supervise and inspect the materials used and the work done in closing the opening.
(C) It shall be discretionary with the Council to order the Street Commissioner, under the supervision and inspection of the City Engineer or the committee of the Council on the streets and alleys, to do the cutting and closing of the paving, curb or sidewalk and charge the costs thereof to the party who obtained the permit. The Council may consent to the cutting and closing of the paving, curb or sidewalk by the party holding the permit.
(D) Before any permit is issued by the Council, the applicant for the permit shall deposit with the City Treasurer a sum set by resolution of the Council for all paving, curb or sidewalk to be cut. Such sum shall be set on a per square foot cost of construction basis. The deposit shall be retained by the city for the purpose of replacing the paving, curb or sidewalk in the event the work is done by the city. If the Board elects to require the applicant to replace the paving, curb or sidewalk, the deposit shall be retained by the city until the work is completed to the satisfaction of the Street Commissioner or of the committee of the Council on streets and alleys.
(E) In addition to making the deposit, the applicant shall, before any permit is issued, execute a bond to the city with a good and sufficient surety to be approved by the Council in a sum set by resolution.
Penalty, see § 152.999
(A) It shall be unlawful for any 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 such curb, gutter, bridge, culvert, sidewalks, crosswalk or crossing with heavy plank sufficient in strength to warrant against the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk or crossing.
(B) Except as provided in § 71.008, 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, except that where heavy vehicles, structures and machines move along paved or unpaved streets the city is hereby authorized and empowered to choose the route over which the moving of such vehicles, structures or machines will be permitted and allowed.
Penalty, see § 152.999
SALE AND ACQUISITION OF PROPERTY; PUBLIC WORKS
(A) Except as provided in division (I) below, the power of the municipality to convey any real and personal property owned by it, including land used for park purposes and public squares, except real property used in the operation of public utilities, shall be exercised by resolution, directing the sale at public auction or by sealed bid of such real and personal property and the manner and terms thereof, except that such real and personal property shall not be sold at public auction or by sealed bid when:
(1) Such property is being sold in compliance with the requirements of federal or state grants or programs;
(2) Such property is being conveyed to another public agency; or
(3) Such property consists of streets and alleys.
(B) The governing body may establish a minimum price for such real and personal property at which bidding shall begin or shall serve as a minimum for a sealed bid.
(C) After the passage of the resolution directing the sale, notice of all proposed sales of real and personal property described in division (A) above and the terms thereof shall be published once each week for three consecutive weeks in a legal newspaper published in or of general circulation in the municipality.
(D) If within 30 days after the third publication of the notice a remonstrance against such sale is signed by registered voters of the municipality equal in number to 30% of the registered voters of the municipality voting at the last regular municipal election held therein and is filed with the governing body, such property shall not then, nor within one year thereafter, be sold. If the date for filing the remonstrance 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.
(E) Upon the receipt of the remonstrance, the governing body, with the aid and assistance of the Election Commissioner or County Clerk, shall determine the validity and sufficiency of signatures on the remonstrance. The governing body shall deliver the remonstrance to the Election Commissioner or County Clerk by hand carrier, by use of law enforcement officials or by certified mail, return receipt requested. Upon receipt of the remonstrance, the Election Commissioner or County Clerk shall issue to the governing body a written receipt that the remonstrance is in the custody of the Election Commissioner or County Clerk. The Election Commissioner or County Clerk shall compare the signature of each person signing the remonstrance with the voter registration records to determine if each signer was a registered voter on or before the date on which the remonstrance was filed with the governing body. The Election Commissioner or County Clerk shall also compare the signer’s printed name, street and number or voting precinct and municipal or post office address with the voter registration records to determine whether the signer was a registered voter. The signature and address shall be presumed to be valid only if the Election Commissioner or County Clerk determines that the printed name, street and number or voting precinct and municipal or post office address matches the registration records and that the registration was received on or before the date on which the remonstrance was filed with the governing body. The determinations of the Election Commissioner or County Clerk may be rebutted by any credible evidence which the governing body finds sufficient. The express purpose of the comparison of names and addresses with the voter registration records, in addition to helping to determine the validity of the remonstrance, the sufficiency of the remonstrance and the qualifications of the signer, shall be to prevent fraud, deception and misrepresentation in the remonstrance process. Upon completion of the comparison of names and addresses with the voter registration records, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name and address of each signer found not to be a registered voter and the signature page number and line number where the name is found, and if the reason for the invalidity of the signature or address is other than the nonregistration of the signer, the Election Commissioner or County Clerk shall set forth the reason for the invalidity of the signature. If the Election Commissioner or County Clerk determines that a signer has affixed his or her signature more than once to the remonstrance and that only one person is registered by that name, the Election Commissioner or County Clerk shall prepare in writing a certification under seal setting forth the name of the duplicate signature and shall count only the earliest dated signature. The Election Commissioner or County Clerk shall certify to the governing body the number of valid signatures necessary to constitute a valid remonstrance. The Election Commissioner or County Clerk shall deliver the remonstrance and the certifications to the governing body within 40 days after the receipt of the remonstrance from the governing body. The delivery shall be by hand carrier, by use of law enforcement officials or by certified mail, return receipt requested. Not more than 20 signatures on one signature page shall be counted.
(F) The governing body shall, within 30 days after the receipt of the remonstrance and certifications from the Election Commissioner or County Clerk, hold a public hearing to review the remonstrance and certifications and receive testimony regarding them. The governing body shall, following the hearing, vote on whether or not the remonstrance is valid and shall uphold the remonstrance if sufficient valid signatures have been received.
(G) Real estate now owned or hereafter owned by the municipality may be conveyed without consideration to the state for state armory sites or, if acquired for state armory sites, such property shall be conveyed strictly in accordance with the conditions of Neb. RS 18-1001 through 18-1006.
(H) Following passage of the resolution directing a sale, publishing of the notice of the proposed sale and passing of the 30-day right-of-remonstrance period, the property shall then be sold. Such sale shall be confirmed by passage of an ordinance stating the name of the purchaser and terms of the sale. The Municipal Clerk shall upon passage of such ordinance certify the name of the purchaser to the Register of Deeds of the county in which the property is located.
(I) Divisions (A) through (H) above shall not apply to the sale of real and personal property if the authorizing resolution directs the sale of an item or items of real and personal property, the total fair market value of which is less than $5,000. Following passage of the resolution directing the sale of the property, notice of the sale shall be posted in three prominent places within the municipality for a period of not less than seven days prior to the sale of the property. The notice shall give a general description of the property offered for sale and state the terms and conditions of sale. Confirmation of the sale by passage of an ordinance may be required.
(Prior Code, § 8-105) (Ord. 677, passed 10-4-1994; Ord. 735, passed 12-3-1996; Ord. 778, passed 12-1-1998)
Statutory reference:
Similar provisions, see Neb. RS 17-503 and 17-503.01
(A) The municipality 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, municipal building or community house for housing municipal enterprises and social and recreation purposes, and other public buildings, and maintain, manage and operate the same for the benefit of the inhabitants of the municipality.
(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 municipality at a general municipal election or at an election duly called for that purpose, or as set forth in Neb. RS 17-954, and be adopted by a majority of the electors voting on such question.
(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 newspaper of general circulation in the municipality and no election shall be required to approve the purchase or construction unless within 30 days after the publication of the notice, a remonstrance against the purchase or construction is signed by registered voters of the municipality equal in number to 15% of the registered voters of the municipality voting at the last regular municipal election held therein and is filed with the governing body. If the date for filing the remonstrance falls upon a Saturday, Sunday or legal holiday, the signatures shall be considered timely if filed or postmarked on or before the next business day. If a remonstrance with the necessary number of qualified signatures is timely filed, the question shall be submitted to the voters of the municipality at a general municipal 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 governing body may proceed without providing the notice and right of remonstrance 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 governing body after notice and public hearing as provided in Neb. RS 18-1755.
(Prior Code, § 8-110) (Ord. 736, passed 12-3-1996)
Statutory reference:
Similar provisions, see Neb. RS 17-953 and 17-953.01
(A) The city shall acquire an interest in real property by purchase or eminent domain only after the governing body has authorized the acquisition by action taken in a public meeting after notice and public hearing.
(B) The city 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.
(Prior Code, § 8-113) (Ord. 707, passed 10-3-1995)
Statutory reference:
Similar provisions, see Neb. RS 18-1755
Notwithstanding any other provision of law, the city 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.
(Prior Code, § 8-114) (Ord. 708, passed 10-3-1995)
Statutory reference:
Similar provisions, see Neb. RS 13-403
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