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Article 2 - Streets

Article 2 – Streets

SECTION 6-201:  DEDICATION TO PUBLIC USE

SECTION 6-202:  NAMES AND NUMBERS

SECTION 6-203:  CROSSINGS

SECTION 6-204:  EXCAVATION

SECTION 6-205:  DRIVING STAKES

SECTION 6-206:  UTILITY POLES, WIRES, MAINS

SECTION 6-207:  DRIVEWAY APPROACHES

SECTION 6-208:  POWER TO IMPROVE, vacate, etc.; DAMAGES; IMPROVEMENT DISTRICTS; SPECIAL ASSESSMENTS

SECTION 6-209:  IMPROVEMENT OF STREETS ON CORPORATE LIMITS

SECTION 6-210:  PETITION FOR IMPROVEMENTS

SECTION 6-211:  IMPROVEMENT DISTRICTS; OBJECTIONS

SECTION 6-212:  IMPROVEMENT OF MAIN THOROUGHFARES

SECTION 6-213:  CONSTRUCTION ASSESSMENT AND COLLECTION

SECTION 6-214:  IMPROVEMENTS WITHOUT PETITION OR CREATION OF DISTRICT

Section 6-215:  CONSTRUCTION; NOTICE

SECTION 6-216:  VACATING PUBLIC WAYS

 

 

 

 

 

SECTION 6-201:  DEDICATION TO PUBLIC USe

    No street or alley which shall hereafter be dedicated to public use by the proprietor of ground in the city shall be deemed a public street or alley or be under the use or control of the City Council unless the dedication shall be accepted and confirmed by an ordinance especially passed for such purpose.  (Neb. Rev. Stat. §17-567)

Section 6-202:  names and numbers

The City Council may at any time by ordinance rename any street or provide a name for any new street.  Buildings used for residence or business proposes and located along such streets shall retain such numbers as the council may require.  Upon the erection of any new building, it shall be the duty of the official in charge of streets to assign the proper number to said building and give notice to the owner(s) and occupant(s) of the same.

SECTION 6-203:  CROSSINGs

    The City Council may order and cause street, avenue, and alley crossings to be constructed under the supervision of the official in charge of streets and the same shall be constructed of such materials as the street superintendent shall deem necessary.  When a petition for the construction of any such crossing is filed by an interested resident in the office of the city clerk, he or she shall refer such application to the official in charge of streets, who shall investigate and recommend to the council allowance or rejection as final action by the council on such application.

section 6-204:  Excavation

    It shall be unlawful for any person to make an excavation in any street for any purpose whatsoever unless a written permit is issued by the official in charge of streets, authorizing such excavation.  (Neb. Rev. Stat. §17-567)

SECTION 6-205:  DRIVING STAKES

    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 authorization from the city.  (Neb. Rev. Stat. §17-567)

 

SECTION 6-206:  UTILITY POLES, WIRES, MAINS

 

    A. Poles, wires, gas mains, pipelines, and other appurtenances of public service companies shall be located or erected over, upon, or under the streets, alleys, and common grounds after a proper written application has been made to the city clerk and permission in writing given by the City Council.  When requested by the council, public service companies heretofore or hereafter granted right of way for the erection and maintenance of appurtenances for the purpose of transacting their business upon, under, or over the streets, alleys, and public grounds shall at all times erect, locate, or relocate their said appurtenances to such places and in such manner as shall be designated by said council.

 

    B. Such poles, wires, gas mains, pipelines, and other appurtenances shall be removed or relocated by said companies at their own expense when requested to do so by the City Council.  Whenever it becomes necessary for the council to request such relocation for public safety and convenience, it shall order said relocation by resolution and the city clerk shall notify any company or companies affected.  Said companies shall, within a reasonable period of time after receiving notice, at their own expense cause the said appurtenances to be removed or relocated.  The City Council shall designate another location where said appurtenances may be reset or placed.  All appurtenances shall be reset, placed, or erected in such manner that they will not interfere with the water system, sewer system, poles, wires, or mains of any public utility located on the same street or alley or with travel or buildings constructed or hereafter to be constructed.  Whenever possible, all said appurtenances shall be confined to the alleys of the city.  The city clerk shall keep records of the location of all poles, wires, gas mains, pipe lines or other appurtenances and applications within the city.

 

SECTION 6-207:  DRIVEWAY APPROACHES

 

    The city superintendent 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.  At the direction of the City Council, the city clerk shall give the prop­erty owner notice by registered letter or certified mail, directed to the last known address of such owner or the agent of such owner, requiring the repair or replacement of such driveway approach.  If within 30 days of mailing such notice the property owner fails or neglects to cause such re­pairs or replacements to be made, the official in charge of streets may cause such work to be done and assess the cost upon the property served by such approach.  (Neb. Rev. Stat. §18-1748)

 

SECTION 6-208:  POWER TO IMPROVE, vacate, etc.; DAMAGES; IMPROVEMENT DISTRICTS; SPECIAL ASSESSMENTS

 

    A. The City Council may grade, partially or to an established grade, change grade, curb, recurb, gutter, regutter, pave, gravel, regravel, macadamize, remacadamize, widen or narrow streets or roadways, resurface or relay existing pavement, or otherwise improve any streets, alleys, public grounds, or public ways, entirely or partially, and streets which divide the city corporate area and the area adjoining the city; construct or reconstruct pedestrian walks, plazas, malls, landscaping, outdoor sprinkler systems, fountains, decorative water ponds, lighting systems, and permanent facilities; and construct sidewalks and improve the sidewalk space.  These projects may be funded at public cost or by the levy of special assessments on the property especially benefited in proportion to such benefits, except as provided in Neb. Rev. Stat. §§19-2428 to 19-2431.

 

    B. The city shall have power to open, widen, or otherwise improve or vacate any street, avenue, alley, or lane within the limits of the city and to create, open, and improve any new street, avenue, alley, or lane.  All damages sustained by the citizens of the city or by the owners of the property therein shall be ascertained in such manner as shall be provided by ordinance.

 

    C. The City Council may by ordinance create paving, repaving, grading, curbing, recurbing, resurfacing, graveling, or improvement districts, to be consecutively numbered, which may include two or more connecting or intersecting streets, alleys, or public ways, and may include two or more of the improvements in one proceeding.  All of the improvements which are to be funded by a levy of special assessment on the property especially benefited shall be ordered as provided in Neb. Rev. Stat. §§17-510 to 17-512 unless the council improves a street which divides the city corporate area and the area adjoining the city as provided in Section 6-210 (Petition for Improvements).  (Neb. Rev. Stat. §§17-509, 17-558)

 

SECTION 6-209:  IMPROVEMENT OF STREETS ON CORPORATE LIMITS

 

    Whenever the City Council improves any street which divides the city corporate area and the area adjoining the city, the council shall determine the sufficiency of petition as set forth in Section 6-210 by the owners of the record title representing more than 60% of the front footage of the property directly abutting upon the street to be improved, rather than 60% of the resident owners.  Whenever the council shall deem it necessary to make any of the improvements allowed by statute on a street which divides the city corporate area and the area adjoining the city, the City Council shall by ordinance create the improvement district pursuant to Section 6-211 and the right of remonstrance shall be limited to owners of record title, rather than resident owners.  (Neb. Rev. Stat. §17-509)

 

SECTION 6-210:  PETITION FOR IMPROVEMENTS

 

    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 therefor, 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.  The council shall contract therefor and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street, streets, alley, or alleys especially benefited thereby in such district in proportion to such benefits, except as provided in Neb. Rev. Stat. §§19-2428 to 19-2431, to pay the cost of such improvement.  The 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 council should deny a requested improvement district formation, it shall state the grounds for such denial in a written letter to interested parties.  (Neb. Rev. Stat. §17-510)

 

SECTION 6-211:  IMPROVEMENT DISTRICTS; OBJECTIONS

 

    A. 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 benefited, the 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 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.

 

    B. 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 the 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 benefited in such district in proportion to such benefits to pay the cost of such improvement.  (Neb. Rev. Stat. §17-511)

 

SECTION 6-212:  IMPROVEMENT OF MAIN THOROUGHFARES

 

    The City Council shall have power by a three-fourths vote to enact an ordinance creating a paving, graveling or other improvement district and to order such work to be done without petition upon any federal or state highways in the city or upon a street or route designated by the council as a main thoroughfare, connecting to either a federal or state highway or a county road.  The council shall contract therefor and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street, alley or alleys especially benefited thereby in such district in proportion to such benefits to pay the cost of such improvement.  (Neb. Rev. Stat. §17-512)

 

SECTION 6-213:  CONSTRUCTION ASSESSMENT AND COLLECTION

 

    Assessments for improvements made under the provisions herein shall be made and assessed in the following manner:

 

    A. Such assessments shall be made by the City Council at a special meeting, by a resolution, taking into account the benefits derived or injuries sustained in consequence of such improvements, and the amount charged against the same, which, with the vote thereon by “yeas” and “nays,” shall be spread at length upon the minutes.  Notice of the time of holding such meeting and the purpose for which it is to be held shall be published in a newspaper published or of general circulation in said city at least four weeks before the same shall be held or, in lieu thereof, personal service may be had upon persons owning or occupying property to be assessed.

 

    B. All such assessments shall be known as “special assessments for improvements” and shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other city taxes.

 

    C. 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, which shall be that address listed on the current tax rolls at the time such required notice was first published.  (Neb. Rev. Stat. §17-524)

 

SECTION 6-214:  IMPROVEMENTS WITHOUT PETITION OR CREATION OF DISTRICT

 

    A. The city may, without petition or creating a street improvement district, grade, curb, gutter, and pave:

 

        1. Any portion of a street otherwise paved so as to make one continuous paved street, but the portion to be so improved shall not exceed two blocks, including intersections, or 1,325 feet, whichever is the lesser;

 

        2. Any unpaved street or alley which intersects a paved street for a distance of not to exceed one block on either side of such paved street; and

 

        3. Any side street or alley within its corporate limits connecting with a major traffic street for a distance not to exceed one block from such major traffic street.

 

    B. Those improvements may be performed upon any portion of a street or alley or any unpaved street or alley not previously improved to meet or exceed the minimum standards for pavement set by the city for its paved streets.

 

    C. In order to defray the costs and expenses of these improvements, the mayor and City Council may levy and collect special taxes and assessments or issue paving bonds as provided in Neb. Rev. Stat. §18-2003.  (Neb. Rev. Stat. §§18-2001 through 18-2004)

 

Section 6-215:  CONSTRUCTION; NOTICE

 

    The city superintendent shall notify the owners in fee simple of real estate abutting a street, alley, or a part thereof which is to be put under contract for paving or repaving. Notice shall also be given to all gas, electric service, and telephone companies.  Notice shall also be given to all consumers of gas, water, and sewer services which will be discontinued during such construction.  Said notice shall be published one time in a legal newspaper at least 20 days prior to the beginning of such construction by the party undertaking such construction and said notice shall state at what date connections must be made and excavation completed.  All gas, water, sewer, and under­ground connections must be made prior to the paving or repav­ing of the street under construction.  After expiration of such time, permits for excavation will not be issued nor will excav­ation be allowed until after the completion of the pavement in said street or alley and the formal final acceptance thereof by the proper officials of the city.

 

SECTION 6-216:  VACATING PUBLIC WAYS

 

    A. Whenever any street, avenue, alley, or lane is vacated, the same shall revert to the owners of the abutting real estate, one-half on each side thereof, and become a part of such property unless the city reserves title in the ordinance vacating such street or alley.  If title is retained by the city, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the city.

 

    B. When a portion of a street, avenue, alley, or lane is vacated only on one side of the center thereof, the title to such land shall vest in the owner of the abutting property and become a part of such property unless the city reserves title in the ordinance vacating a portion of such street or alley.  If title is retained by the city, such property may be sold, conveyed, exchanged, or leased upon such terms and conditions as shall be deemed in the best interests of the city.

 

    C. When the city vacates all or any portion of a street, avenue, alley, or lane, the city shall, within 30 days after the effective date of the vacation, file a certified copy of the vacating ordinance with the county register of deeds to be indexed against all affected lots.

 

    D. The title to property vacated pursuant to this section shall be subject to the following:

 

        1. There is reserved to the city the right to maintain, operate, repair, and renew public utilities existing at the time title to the property is vacated there; and

 

        2. There is reserved to the city, any public utilities, and any cable television systems the right to maintain, repair, renew, and operate water mains, gas mains, pole lines, conduits, electrical transmission lines, sound and signal transmission lines, and other similar services and equipment and appurtenances, including lateral connections or branch lines, above, on, or below the surface of the ground that are existing as valid easements at the time title to the property is vacated for the purposes of serving the general public or the abutting properties and to enter upon the premises to accomplish such purposes at any and all reasonable times.  (Neb. Rev. Stat. §17-558)