§8-301   Falls City Code   §8-302

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, onehalf
(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.)