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(A) “Special damages” defined. 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, damages or injuries which a property owner suffers that are peculiar, special or unique to his or her property and which result from the governing body vacating a street, avenue, alley, lane or similar public way within the municipality, such as loss of ingress and egress to and from his or her property onto said vacated public way. SPECIAL DAMAGES shall not mean those losses, 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, damages or injuries suffered by the property owner are greater in degree than the rest of the city or public at large.
(B) The measure of special damages. Owners of real estate abutting the vacated public way shall be entitled to recover as compensation for such vacation, the difference between the fair market value of such real estate immediately before and immediately after the vacating thereof. If there is no difference in value of the abutting owner’s real estate before and after the vacation, said owner shall receive no compensation for the vacation of said public way. No other method of ascertaining damages shall be utilized, and loss of anticipated profits from the continued operation of any business located upon real estate abutting the vacated public way shall not be considered as a separate element of damages for which compensation is paid.
(C) Procedure for vacating public ways. Whenever the governing body decides that is would be in the best interests of the municipality to vacate a street, avenue, alley, lane or similar public way, the governing body shall comply with the following procedure.
(1) Notice.
(a) Notice shall be given to all owners of property abutting the public way to be vacated either by first class mail to their last known address, or if there is no known address, then by publishing the notice two times in a newspaper that is in general circulation in the municipality. Notice shall be mailed to the abutting owners at least 14 days prior to the date of the hearing on special damages, and the last publication of notice of said hearing shall be at least three calendar days prior to said hearing.
(b) The notice shall name and/or otherwise identify the segment of street, avenue, alley, lane or other public way which is proposed to be vacated and shall advise said property owners that they have the right to appear before the governing body to be heard regarding any special damages to their property. The notice will show the date, time and place of the regular or special meeting at which the governing body will consider vacating such public way, and of the hearing to be held to ascertain special damages, if any, to owners of abutting property. The hearing on special damages may be held during the same meeting at which the vacation of the public way is taken up and may be continued from time to time by the governing body upon reasonable cause shown by an abuttting owner.
(2) Consent/waiver.
(a) The governing body may have all the abutting property owners sign a form stating that they consent to the action being taken by the governing body and waive their right of access. The signing of such form has no effect on claims for special damages, as defined herein, by the abutting property owners, but does create the presumption that the governing body’s action was proper.
(b) However, if all the abutting property owners do not sign the consent/waiver form, the governing body may still proceed with vacating such street, avenue, alley, lane or similar public way under the authority granted them by Neb. RS 17-558 and 17-559, in accordance with this section.
(3) Vacation and ascertainment of special damages.
(a) The governing body shall determine whether vacation of the public way in question is in the best interests of the municipality and expedient for the public good. If the governing body determines that the public way should be vacated, it shall proceed to consider all relevant evidence regarding special damages to owners of abutting property, and each such owner may present evidence in support of his or her claim for damages. The governing body may, but is not required to, obtain independent appraisals or commission the Municipal Engineer or other consultant to report on special damages incurred by owners or property abutting the vacated public way and may make a view of the property in question. Evidence of special damages may be presented in written or oral form, and the hearing on special damages may be recorded at the expense of the party requesting the record, and it may be continued from time to time upon reasonable cause shown. The Mayor shall preside over the hearing unless the governing body shall by majority vote appoint a special hearing officer to preside. The decision of the governing body regarding special damages shall be based upon all relevant evidence presented or obtained in regard thereto.
(b) Following the hearing on special damages, the governing body shall pass an ordinance which shall contain the following:
1. A declaration that the action is expedient for the public good and in the best interest of the municipality;
2. A statement that the municipality shall have an easement for maintaining all utilities;
3. A statement of the description and name of the segment or portion of public way vacated thereby;
4. A statement providing that one-half of such vacated public way shall revert to owners of real estate adjacent to said vacated public way; and
5. A specific finding of the special damages found to be suffered by each owner of real estate abutting the vacated public way, or a general finding that no special damages were incurred by any abutting property owner, and provision for the payment thereof, if applicable.
(4) Filing. The City Clerk shall file a certified copy of the ordinance with the County Register of Deeds to ensure that abutting property owners can gain title to their share of the vacated street, avenue, alley, lane or similar public way and so that such land will be drawn to the attention of the County Assessor.
(Prior Code, § 8-317) (Ord. 504, passed 11-4-1986)
Statutory reference:
Similar provisions, see Neb. RS 17-558 and 17-559
The City Council may order and cause to be constructed, under the supervision of the Street Commissioner, those street, avenue and alley crossings as the City Council deems necessary. When a petition for the construction of any such crossings is filed by an interested resident in the office of the City Clerk, the City Clerk shall refer the application to the Street Commissioner, who shall investigate and make a recommendation to the City Council. Action by the City Council on the application, whether the application is approved or rejected, shall be considered final.
(A) The governing body may at any time, by ordinance, rename any street or provide a name for any new street. Buildings used for residence or business purposes and located along such streets shall retain such numbers as the governing body may require. It shall be the duty of the Municipal Clerk, upon the erection of any new building or buildings, to assign the proper numbers to said building or buildings and give notice to the owner or owners and occupant or occupants of the same.
(B) The intersection of First Street and Main Street in the city is hereby designated as the starting point for the numbering of buildings. The first block in each direction from said point shall be numbered in the 100 series starting with 100. Each succeeding block thereafter shall be numbered in the succeeding 100 series insofar as possible. Even numbers shall be located on the north side of east and west streets and on the east side of north and south streets and the odd numbers are assigned to the opposite sides of the streets. The plan and system of numbering the buildings filed this date with the City Clerk is hereby approved and adopted and the same shall govern the numbers assigned to the several lots and tracts of land within the city.
(Prior Code, § 8-301)
Statutory reference:
Similar provisions, see Neb. RS 17-567
(A) The Street Commissioner may require the owner of property served by a driveway approach constructed or maintained upon the street right-of-way to repair or replace any such driveway approach which is cracked, broken or otherwise deteriorated to the extent that it is causing or is likely to cause damage to or interfere with any street structure, including pavement or sidewalks.
(B) The City Clerk shall give the property owner notice by registered letter or certified mail, directed to the last known address of the owner or the agent of the owner, directing the repair or replacement of the driveway approach. If within 30 days of mailing the notice the property owner fails or neglects to cause the repairs or replacements to be made, the Street Commissioner may cause the work to be done and assess the cost upon the property served by the approach.
(Neb. RS 18-1748) Penalty, see § 152.999
It shall be unlawful for any person to make an excavation in any street or streets for any purpose whatsoever unless a written permit is issued by the Street Commissioner authorizing those excavations.
Penalty, see § 152.999
It shall be unlawful for any person to drive any peg or stake of any kind into the pavement in any street or alley without first procuring the written consent of the Street Commissioner.
Penalty, see § 152.999
It shall be unlawful for any person to mix any concrete or plastering material directly on the street pavement for any reason whatsoever.
Penalty, see § 152.999
It shall be unlawful for any person to place or permit to leak in the gutter of any street any waste gasoline, kerosene or high lubricating oils, which damage or act as a solvent upon the streets.
Penalty, see § 152.999
To defray the costs and expenses of street improvements, as may be authorized by law, the governing body 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 benefiting 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 governing body, 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 governing body 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 municipality 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 municipal taxes and shall be certified to the County Clerk by the Municipal Clerk forthwith after the date of levy, for collection by the Treasurer of said county 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 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, § 8-310)
Statutory reference:
Similar provisions, see Neb. RS 17-511 and 17-524
Whenever the governing body 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 benefited, the governing body 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 municipality, if a daily newspaper, or for two consecutive weeks if it is a weekly newspaper. If no legal newspaper is published in the municipality, the publication shall be in a legal newspaper of general circulation in the municipality. 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 Municipal 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 governing body 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 benefited in such district in proportion to such benefits to pay the cost of such improvement.
(Prior Code, § 8-311) (Ord. 737, passed 12-3-1996)
Statutory reference:
Similar provisions, see Neb. RS 17-511
The Mayor and Council shall have the power to improve any street or part thereof which divides the municipal corporate area and the area adjoining the municipality. When creating an improvement district including land adjacent to the municipality, the Council shall have power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefited thereby.
(Prior Code, § 8-312)
Statutory reference:
Similar provisions, see Neb. RS 17-509
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