Article 3. Streets

Article 3. Streets

§8-301    STREETS; NAMES AND NUMBERS.  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.  It shall be the duty of the Governing Body, 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.  All the buildings in the Municipality shall be numbered on the street on which they front as follows:  all buildings fronting on the north and south streets shall take the number of the street along the south side of the block in which such buildings are located, to which shall be added the number indicating the location in such block, to be determined by the plan for numbering buildings.  All buildings fronting on the east and west streets shall be numbered east and west from Stone Street; those in the first row of blocks on the east side of Stone Street shall be numbered one hundred east, with such additional numerals, determined by the location of the building in the block, as hereinafter provided, and thus on eastward; for each street adding one hundred (100) to the basic number of such numbering.  Buildings in the first row of blocks on west side of Stone Street shall be numbered west in like manner, and also adding one hundred (100) to the basic number for each street.  All buildings fronting  on street running north and south shall be given even numbers on the east side of the street and odd numbers on the west side of the street.  On all streets running east and west buildings on the north side shall be given even numbers and those on the south side shall be given odd numbers.  The basis for numbering shall be one (1) number for each twenty-five (25) feet, measuring from the lot line on the nearest side of the street from which the block takes its basic number, and where fractions occur at a point where a number is desired, if the fraction is greater than one-half (1/2) of the measuring unit it shall be counted as one (1) and if less than one-half (1/2) it shall not be counted.  All building numbers shall as nearly as practicable be placed over the door of the main entrance thereof, or in direct line therewith.

§8-302    STREETS; CROSSINGS.  The Governing Body may order and cause to be constructed, under the supervision of the Municipal Engineer, such street, avenue, and alley crossings as the Governing Body shall deem necessary.  When a petition for the construction of any such crossings is filed by an interested resident in the office of the Municipal Clerk, said Municipal Clerk shall refer such application to the Utilities Superintendent who shall investigate and recommend to the Governing Body allowance, or rejection as final action by the Governing Body on such application.   

§8-303    STREETS; EXCAVATION.  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 Governing Body authorizing such excavation.  The permittee shall maintain good and sufficient barricades, guards, lights and signals to protect the public from injury or loss.  The permittee shall deposit with the Municipal Clerk a sum sufficient to cover the cost of  filling any excavation and replacing any paving so removed or to pay the damages which may be caused thereby to pipes, wires, cables or other fixtures.  The Utilities Superintendent and City Engineer shall cause any excavation to be refilled and the pavement to be replaced.  After payment of the expense thereof out of the deposit, the balance of the deposit remaining in the hands of the Municipal Clerk, if any, shall be refunded to the permittee, unless damage to pipes, wires, cables, or other fixtures was caused in which event said sum shall be held for payment of such damage and the persons injured shall have any additional remedy to which they may be entitled from the persons responsible.

§8-304    STREETS; HARMFUL LIQUIDS.  It shall be unlawful for any person to place or permit to leak in the gutter of any street, waste gasoline, kerosene, or high lubricating oils, which damage or act as a solvent upon said streets.  

§8-305   STREETS; EAVE AND GUTTER SPOUTS.  It is hereby declared unlawful for any person to erect or maintain any dwelling house or business building within the limits of the Municipality where the said dwelling or building abuts on any sidewalk or street without providing proper guttering and eave spouts to receive the waste waters that collect on the said sidewalks and streets.  All eave spouts erected on any dwelling house or business building shall be constructed to drain into the alleys, or shall be buried beneath the sidewalks and drain into the streets where it is found to be impossible to drain said eave spouts into the alley.    

§8-306    STREETS; HEAVY EQUIPMENT.  It shall hereafter be unlawful for any person or 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 again the breaking or damaging of such curb, gutter, bridge, culvert, sidewalk, crosswalk, or crossing.  Hereafter, 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 said 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; Provided, where heavy vehicles, structures, and machines move along paved or unpaved streets the Municipal Police are hereby authorized and empowered to choose the route over which the moving of such vehicles, structures, or machines will be permitted and allowed.  Nothing in this section shall be construed to apply to pneumatic tires with metal or metal-type studs not exceeding five-sixteenths (5/16) of an inch in diameter inclusive of the stud-casting with an average protrusion beyond the tread surface of not more than seven sixty-fourths (7/64) of an inch between October 1, and April 15; Provided, that school buses and emergency vehicles shall be permitted to use metal or metal-type studs all year; it shall be permissible to use farm machinery with tires having protuberances which will not injure the streets.  It shall be permissible to use a rubber tired crane with a fixed load when such vehicle will be transported on a state highway or on any road within the corporate limits of the Municipality, the Municipality in which the crane is intended to be transported has authorized a one-day (1) permit for the transportation of the crane and specified the route to be used and the hours during which the crane can be transported, such vehicle is escorted by another vehicle or vehicles assigned by the Municipality, and such vehicle's gross weight does not exceed the limits set out in 39-6,180(10) RS Neb.  and it shall be permissible to use tire chains of reasonable proportions upon any vehicle when required for safety because of snow, ice, or other condition tending to cause a vehicle to slide or skid.  (Ref.  39-6,131 RS Neb.)

§8-307    STREETS; IMPROVEMENTS.  The Council shall have the power to open, control, name, rename, extend, widen, narrow, vacate, grade, curb, gutter, park, and pave or otherwise to improve and control and keep in good repair and condition, in any manner it may deem proper, any street, avenue or alley, public parks or square, or part of either, within or without the limits of the Municipality.  It may grade, park, or otherwise improve any width or part of any such  street, avenue, or alley.  (Ref.  17-509 RS Neb.)   

§8-308    STREETS; IMPROVEMENT OF STREETS ON CORPORATE LIMITS.  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 benefitted thereby.  (Ref.  17-509 RS Neb.)    

§8-309    STREETS; VACATING PUBLIC WAYS.  The Governing Body shall have the power to vacate any street, avenue, alley or lane within the corporate limits of the City; provided, 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.  Whenever any street or alley shall be vacated, the same shall revert to the owners of the abutting real estate, one-half (1/2) on each side thereof and become a part of such property.  When a portion of a street or alley is vacated only on one (1) 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.  (Ref.  17-558 RS Neb.)

§8-310    STREETS; IMPROVEMENT DISTRICTS; OBJECTIONS.  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 benefitted, 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 (6) days in a legal newspaper of the Municipality, if a daily newspaper, or for two (2) 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 fifty percent (50%) of the front footage of the property directly abutting on the street or alley to be improved file with the Municipal Clerk within twenty (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 benefitted in such district in proportion to such benefits to pay the cost of such improvement.  (Ref. 17-511 RS Neb.)(Amended by Ord. 96-122)

§8-311    STREETS; IMPROVEMENT OF MAIN THOROUGHFARES.  The Mayor and City Council shall have the power by a three-fourths (3/4) vote of the Governing Body, to create by ordinance a paving, graveling or other improvement district and to order such work done upon any federal or state highway in the Municipality or upon a street or route, designated by the Mayor and City Council as a main thoroughfare that connects, on both ends, to either a federal or state highway or a county road.  The Governing Body shall contract therefor and shall have the power to assess, to the extent of special benefits, the costs of such improvements upon the properties found especially benefitted thereby.  (Ref.  17-512 RS Neb.)

§8-312   STREETS; IMPROVEMENT DISTRICT ASSESSMENTS. The Governing Body shall assess the cost of making improvements upon the lots and lands in such districts specially benefitted in proportion to such benefits.  The amounts thereof shall be determined by the Governing Body in the manner prescribed by law.  The assessment of the special tax for the cost of such improvements shall be levied at one (1) time and shall become delinquent under the schedule prescribed by law.  Each installment, except the first (1st) shall draw interest at a rate not exceeding the maximum rate of interest allowed by law per annum from the time of levy until the same shall become delinquent.  After the same shall become delinquent, interest shall be assessed at a rate not exceeding the maximum rate of interest allowed by law.  Should there be three (3) or more installments delinquent and unpaid on the same property, the Governing Body may by resolution declare all future installments on such property to be due on a future fixed date.  The resolution shall set forth the description of the property and the names of its record title owners and shall provide that all future installments shall become delinquent on the date fixed.  A copy of such resolution shall be published one (1) time each week for not less than twenty (20) days in a legal newspaper of general circulation published in the Municipality and after the fixed date, such future installments shall be deemed to be delinquent and the Municipality may proceed to enforce and collect the total amount due and all future installments.  (Ref.  17-515 RS Neb.)

§8-313    STREETS; PAVING BONDS; WARRANTS.  For the purpose of paying the cost of construction, landscaping, and equipping malls and plazas, paving, repaving, macadamizing or graveling, curbing, guttering, or otherwise improving streets, avenues or alleys in any improvement district, the Mayor and Council shall have the power and may, by ordinance, cause to be issued bonds of the City to be called District Improvement Bonds of District No., payable in not exceeding fifteen (15) years from date, and to bear interest payable annually or semiannually with interest coupons attached or may issue its warrants, as other warrants are issued, to be called District Improvement Warrants of District No.  , payable in the order of their number, to be issued in such denomination as may be deemed advisable, and to bear interest.  When warrants are issued for the payment of such cost, special taxes and assessments shall be levied sufficient to pay such warrants and the interest thereon within three(3)years from the date of issuance.(Ref.17-516 RS Neb.) 

§8-314    STREETS; PETITION FOR IMPROVEMENTS.  Whenever a petition signed by the owners of record title representing more than sixty percent (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 Municipal Clerk, petitioning therefor, the Governing Body 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, and 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 benefitted thereby in such district in proportion to such benefits, to pay the cost of such improvement.  The Governing Body 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 Governing Body should deny a requested improvement district formation, it shall state the grounds for such denial in a written letter to interested parties.  (Ref.  17-510 RS Neb.)

§8-315    STREETS; INTERSECTION IMPROVEMENTS.  The cost of improving the intersections of streets, avenues, or the spaces opposite alleys shall be paid by the Municipality.  The Governing Body is hereby authorized to assess such improvements, issue improvement bonds, and levy a special tax on all of the taxable property in the Municipality in the manner provided by law for the payment thereof.  (Ref.  17-509 RS Neb.)  

§8-316    STREETS; LIEN ON PROPERTY.  All special assessments shall be a lien upon the property on which the same were levied from the date of levy and shall be due and payable to the Municipal Treasurer thirty (30) days after such levy when not otherwise provided.  If the assessment is not paid to the Municipal Treasurer within the time prescribed, then it shall be certified to the County Clerk and the County Treasurer shall place the special assessment upon the lax list to be collected as other real estate taxes are collected.  Upon being collected by the County Treasurer, the said Treasurer shall pay over the proceeds of the tax to the Municipal Treasurer.  Special assessments for paving, repaving, graveling, macadamizing, curbing, or curbing and guttering need not be certified to the County Clerk for collection, but may be so certified and collected by the County Treasurer at the option of the Municipality.    

§8-317    STREETS; CONSTRUCTION CONTRACTS.  All improvements to any street, avenue, or alley within the Municipality for which a special tax shall be levied, shall be done by contract with the lowest responsible bidder to be determined by the City Council.   

§8-318    STREETS; ACCEPTANCE BY MUNICIPAL ENGINEER.  When any improvement is completed according to contract, it shall be the duty of the Municipal Engineer to inspect the same and if the improvement is found to be properly done, he shall accept the same and report his acceptance to the Mayor who shall report the same to the City Council with the recommendation that the improvement be approved or disapproved.  The City Council may confirm or reject such acceptance.  When the ordinance levying the special assessment tax makes the same due as the improvement is completed, the Municipal Engineer may accept the same in sections from time to time, if they are found to be done according to the contract.

§8-319    STREETS; DAMAGING NEWLY LAID STREETS.  No person shall remove, destroy or tear down any barricade, fence, railing, or other device erected or constructed for the purpose of protecting paving or any other work on any street, alley, or public grounds of the Municipality.  No person shall drive over or upon or go upon any paving or other public grounds while the same is protected by any barrier, fence, or railing until such barrier, fence or railing has been removed by the contractors doing the work or by the duly authorized officials of the Municipality.  No person shall mar, deface, destroy, remove, or carry away any street sign or highway marker within the Municipality.

§8-320   STREETS; SNOW REMOVAL ASSISTANCE; NO PARKING ON NORTH AND EAST SIDE OF STREETS FROM NOVEMBER 1 THROUGH APRIL 1.  During the period from November 1 through April 1 of each year, there shall be no parking on the north and east sides of the City streets that interferes with snow removal, except in the business district or where so posted as authorized by resolution of the Governing Body.  Pushing into or placing snow on City streets is prohibited.  (Ref.  17-557 RS Neb.) 

§8-321    STREETS; REMOVAL OF ILLEGALLY PARKED VEHICLES.  Whenever any Police Officer shall find a vehicle standing upon a street or alley in violation of any of the provisions of this Article, such individual may remove or have such vehicle removed, or require the driver or other person in charge of the vehicle to move such vehicle, to a position off the roadway of such street or alley or from such street or alley. 

The owner or other person lawfully entitled to the possession of such vehicle may be charged with the reasonable cost for such removal and storage, payable before such vehicle is released.  Any such towing or storage fee shall become a security interest in the vehicle prior to all other claims.  This fee shall be in addition to any other fees or penalties owed the Municipality for such vehicle.  (Ref.  39-671, 39-697 RS Neb.) 

§8-322   STREETS; PENALTY.  Any person violating the provisions of sections 8-320 and 8-321, notwithstanding any provisions of this Chapter to the contrary, shall be subject to the issuance of a summons or arrest, and shall upon conviction be deemed guilty of an offense and shall be punished as provided in section 8-601 of the Municipal Code of Falls City, Nebraska.   

§8-323   STREETS; DEFERRAL FROM SPECIAL ASSESSMENTS.  Whenever the Governing Body of a Municipality creates a paving district which includes land adjacent to the Municipality 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 section 77-1343 Reissue Revised Statutes of Nebraska 1943.  

Any owner of record title eligible for the deferral granted by this section shall, to secure such assessment, make application to the Governing Body of the Municipality within ninety (90) days after creation of the paving district.  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 Governing Body.  The Governing Body 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. 

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 Governing Body to remove such deferral;    

2.   Sale or transfer to a new owner who does not  make a new application within sixty (60) days of the sale or transfer, except as provided in subdivision 3 of this section.    

3.   Transfer by reason of death of a former owner  to a new owner who does not make application within one hundred twenty-five (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.    

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 Municipality an amount equal to:

A.  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; and  

B.  Interest upon the special assessments not paid  each year at the rate of six percent (6%) from the dates at which such assessments would have been payable if no deferral had been granted.

In cases where the deferral provided by this section is terminated as a result of a sale or transfer described in subdivision 2 or 3 of this section the lien for assessments and interest shall attach as of the day preceding such sale or transfer.  (Ref.  19-2428 through 19-2431 RS Neb.) 

§8-324    STREETS; DRIVEWAY APPROACHES.  The City Engineer or Utilities 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.   

The Municipal 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, directing the repair or replacement of such driveway approach.  If within thirty (30) days of mailing such notice the property owner fails or neglects to cause such repairs or replacements to be made, the Street Commissioner may cause such work to be done and assess the cost upon the property served by such approach.  (Ref.  18-1748 RS Neb.)

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