Article 1. Municipal Property

§8-101    Falls City Code   §8-103

Article 1. Municipal Property
§8-101 MUNICIPAL PROPERTY; MAINTENANCE AND CONTROL. The
Governing Body shall have the care, supervision, and control of all
public highways, bridges, streets, alleys, public squares, and
commons within the Municipality, and shall cause the same to be
kept open and in repair, and free from nuisances. (Ref. 17-567 RS
Neb.)
§8-102 MUNICIPAL PROPERTY; OBSTRUCTIONS. Trees and shrubs,
growing upon, or near, the lot line, or upon public ground and
interfering with the use, or construction of any public
improvements shall be deemed an obstruction under this Article.
Said trees, shrubs and their roots may be removed by the Street
Commissioner at the expense of the owner of the property upon which
the tree is located should the owner fail, or neglect, after
notice, to do so. It shall be unlawful for any person, persons,
firm, or corporation to obstruct, or encumber, by fences, gates,
buildings, structures, or otherwise, any of the streets, alleys, or
sidewalks. No person shall erect, maintain, or suffer to remain on
any street or public sidewalk or on any portion of the area between
the lot line and the curb line of any street, any stand, wagon,
display of merchandise, playground equipment, or any other
obstruction injurious to, inconvenient and inconsistent with the
public use of the same. No person shall erect or maintain any gate
or door which can swing out over any public street. (Ref. 17-
557.01 RS Neb.)
§8-103 MUNICIPAL PROPERTY; UNLAWFUL DRAINAGE. It shall be
unlawful for any person to allow the running of water over
Municipal or private property. It shall be the duty of every
occupant or owner of land within the corporate limits to prevent
stagnant water from accumulating thereon in such a way as to
constitute a health hazard. Any such drainage or accumulation
shall be deemed to be a nuisance and the owner of occupant of any
such property shall be deemed to be guilty of an offense. (Ref.
17-567, 18-1220, 28-1303 RS Neb.)
§8-104 MUNICIPAL PROPERTY; PERMITTED OBSTRUCTIONS. Persons
engaged in the erection, construction, reconstruction, wrecking, or
repairing of any building, or the construction, or repair, of a
sidewalk along any street, may occupy the public street space with
such building material and equipment as long as is necessary if
such persons shall make application to and receive a permit in
writing from the Governing Body to do so; Provided, no permit for
the occupancy of the sidewalk space, or more than one-third (1/3)
of the roadway of the public space adjacent to the real estate on
which said building is to be constructed, erected, reconstructed,
wrecked, or repaired shall be granted; and provided further, a
suitable passageway for pedestrians shall be maintained within the
public space included in the permit which shall be protected and
lighted in the manner required by the Governing Body. No
obstruction permitted shall be construed to allow the obstruction
of the free flow of water in the gutters. The Governing Body may
require the applicant to post a bond in such amount as it deems
necessary to hold the Municipality harmless under the permit.
(Ref. 17-557.01 RS Neb.)
§8-105 MUNICIPAL PROPERTY; POLES AND WIRES. Poles, wires, and
other appurtenances of public service companies shall be erected or
located over, upon, or under the streets, alleys, and common
grounds or elsewhere, within the Municipality, only after
application is made to the Governing Body and permission in writing
is given to do so. Public service companies granted right-of-way
for the erection and maintenance of poles, conduits, and wires and
all appurtenances thereto for the purpose of transacting their
business upon, under, and over the streets, alleys, and public
grounds of the Municipality shall at all times, when requested by
the Governing Body, erect, locate, or relocate their poles and
wires at such places and in such manner as designated by the
Governing Body. Such poles and wires shall be removed or relocated
by such companies at their own expense when requested to do so by
the Governing Body. All poles and lines shall be erected in such
a manner that they will not interfere with travel through the
streets and alleys, or with any buildings. When permitted, such
pole lines shall be confined to the alleys, wherever possible.
Whenever it becomes necessary for the Governing Body to use
the ground where the poles or fixtures are located they shall
notify the public service company or its agent at Falls City and
the company, shall, within twenty-four (24) hours after receiving
the notice at their own expense, cause the poles to be removed.
The Governing Body shall designate some place as close as possible
where the poles or fixtures may be reset or placed.
§8-106 MUNICIPAL PROPERTY; SIGNS. No person shall hang any
business sign or advertisement in any manner so as to project
wholly or partially over any street or sidewalk of the
Municipality, or suffer or permit any such sign owned by him so to
remain except as herein provided. The person desiring to erect or
maintain any sign shall make application to the Governing Body,
which application shall give information as to the size, weight,
and character of the sign and the distance it will project over the
sidewalk, together with drawings or other data showing the method
of securing and fastening the same. Upon making such application,
the person so applying shall pay to the Municipal Clerk a fee set
by resolution of the Governing Body and on file at the office of
the Municipal Clerk which shall be paid into the General Fund. The
Mayor or Municipal Clerk is hereby authorized to issue permits on
behalf of the Governing Body if satisfied upon the information and
data submitted that such sign will be safe and secure and not
unsightly or a hazard to the public passing along such streets or
to adjoining property. The standard or globe of any whiteway pole
shall never be used or approved for advertising purposes. (Ref.
17-140 RS Neb.)
§8-107 MUNICIPAL PROPERTY; AWNINGS OR MARQUEES. No person,
firm, or corporation shall erect, or maintain any marquee,
signboard, poster, or rigid canopy over any street, sidewalk,
alley, or on other public property without having first obtained a
permit therefor. Permits for signs, canopies, posters, and
signboards shall be issued by the Municipal Clerk, subject to the
approval of the Governing Body upon the payment of a fee set by
resolution of the Governing Body. The Mayor and Municipal Clerk
are hereby authorized to issue permits on behalf of the Governing
Body if satisfied upon the information and data submitted that such
awning or marquee will be safe and secure and not unsightly or a
hazard to the public passing along such streets or to adjoining
property. All marquees and awnings extending over any public
sidewalk, street, alley, or other public place must be securely
fastened and constructed so that there will be no danger of the
same being dislodged by ordinary winds, or falling from other
causes. No marquee or awning shall be erected, or maintained,
which extends over any public sidewalk, street, alley, or other
public place in such a location as to obstruct the view of any
traffic light, sign, or signal. Upon the written order of the
Governing Body, any person owning, or occupying, the premises where
such a sign, canopy, poster, or signboard is located, shall cause
the same to be removed within the time limit specified on such
notice. It shall be unlawful to erect or maintain any awning or
marquee that is not elevated at least seven feet four inches (7 ft.
§8-107 Public Ways and Property §8-110
4 in.) at its lowest part from the top of the public ways and
property and that projects over the public ways and property more
than three-fourths (3/4) of the width of the sidewalk space. (Ref.
17-140 RS Neb.)
§8-108 MUNICIPAL PROPERTY; SPECIAL IMPROVEMENT DISTRICT;
ASSESSMENT AND CREATION PROCEDURE.
The Municipality’s Governing
Body may, by ordinance, create a special improvement district for
the purpose of replacing, reconstructing, or repairing an existing
street, alley, water line, sewer line, or any other such
improvement.
Except as provided in sections 19-2428 to 19-2431 RS Neb., the
Governing Body shall have power to assess, to the extent of such
benefits, the costs of such improvements upon the properties found
especially benefitted thereby, whether or not such properties were
previously assessed for the same general purpose. In creating such
special improvement district, the Governing Body shall follow
procedures applicable to the creation and assessment of the same
type of improvement district as otherwise provided by law. (Ref.
18-1751 RS Neb.)
§8-109 MUNICIPAL PROPERTY; IMPROVEMENT DISTRICT; LAND ADJACENT.
Supplemental to any existing law on the subject, a Municipality may
include land adjacent to such Municipality when creating an
improvement district, such as a sewer, paving, water, water
extension, or sanitary sewer extension district. The Governing
Body shall have power to assess, to the extent of special benefits,
the costs of such improvements upon the properties found especially
benefitted thereby, except as provided in section 8-110. (Ref.
19-2427 RS Neb.)
§8-110 STREETS; DEFERRAL FROM SPECIAL ASSESSMENTS. Whenever the
Governing Body of a Municipality creates an improvement district as
specified in section 8-109 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 an improvement district as specified in section
8-109. 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 twentyfive
(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.)
§ 8-110.01 MUNICIPAL PROPERTY; SALE AND CONVEYANCE. (1)
Except as provided in subsection (9) of this section, the power of
the Municipality to convey any real property owned by it, including
land used for park purposes and public squares, except real
property used in the operation of public utilities,
§8-110.01 Public Ways and Property §8-110.01
shall be exercised by resolution, directing the sale at public
auction or by sealed bid of such real property and the manner and
terms thereof, except that such real property shall not be sold at
public auction or by sealed bid when:
(a) Such real property is being sold in compliance with the
requirements of federal or state grants or programs;
(b) Such real property is being conveyed to another public
agency; or
(c) Such real property consists of streets and alleys.
(2) The Governing Body may establish a minimum price for
such real property at which bidding shall begin or shall serve as
a minimum for a sealed bid.
(3) After the passage of the resolution directing the sale,
notice of all proposed sales of real property described in
subsection (1) of this section and the terms thereof shall be
published once each week for three (3) consecutive weeks in a legal
newspaper published in or of general circulation in the
Municipality.
(4) If within thirty (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 thirty
percent (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 real property shall not then, nor
within one (1) 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 thirty-day period, but
the filing shall be considered timely if filed or postmarked on or
before the next business day.
(5) 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 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 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 qualification s 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 the 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 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
forty (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 twenty (20) signatures on one signature
page shall be counted.
(6) The Governing Body shall, within thirty (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.
(7) Real estate now owned or hereafter owned by the
Municipality may be conveyed without consideration to the State of
Nebraska for state armory sites or, if acquired for state armory
sites, such real property shall be conveyed strictly in accordance
with the conditions of sections 18-1001 to 18-1006 RS Neb.
(8) Following (a) passage of the resolution directing a
sale, (b) publishing of the notice of the proposed sale, and (c)
passing of the thirty-day right-of-remonstrance period, the real
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 real property is located.
(9) Subsections (1) to (8) of this section shall not apply
to the sale of real property if the authorizing resolution directs
the sale of an item or items of real property, the total fair
market value of which is less than five thousand dollars
($5,000.00). Following passage of the resolution directing the
sale of the real property, notice of the sale shall be posted in
three (3) prominent places within the Municipality for a period of
not less than seven (7) days prior to the sale of the real
property. The notice shall give a general description of the real
property offered for sale and state the terms and conditions of
sale. Confirmation of the sale by passage of an ordinance may be
required.
(10) Except as provided in subsection (11) of this section,
the power of the Municipality to convey any personal property owned
by it shall be exercised by resolution directing the sale and the
manner and terms of the sale. Following passage of the resolution
directing the sale of the personal property, notice of the sale
shall be posted in three (3) prominent places within the
Municipality for a period of not less than seven (7) days prior to
the sale of the property. If the fair market value of the personal
property is greater than five thousand dollars ($5,000.00), notice
of the sale shall also be published once in a legal newspaper
published in or of general circulation in the Municipality at least
seven (7) days prior to the sale of the personal property. The
notice shall give a general description of the personal property
offered for sale and state the terms and conditions of sale.
Confirmation of the sale by passage of an ordinance may be
required.
(11) Personal property may be conveyed notwithstanding the
procedure in subsection (10) of this section when (a) such property
is being sold in compliance with the requirements of federal or
state grants or programs or (b) such property is being conveyed to
another public agency. (Ref. 17-503, 17-503.01 RS Neb.) (Ord.
#99-126; Ord. #09-100)
§8-111 MUNICIPAL PROPERTY; ACQUISITION OF PROPERTY;
CONSTRUCTION; ELECTIONS, WHEN REQUIRED.
(1) The Municipality is
authorized and empowered to (a) purchase, (b) accept by gift or
devise, (c) purchase real estate upon which to erect, and (d) 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.
(2) Except as provided in subsection (3) of this section,
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 section 17-954 RS Neb., and be adopted
by a majority of the electors voting on such question.
(3) 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:
(a) 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 thirty (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 fifteen percent (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 (1) year
following the election, be purchased or constructed; or
(b) The Governing Body may proceed without providing the
notice and right of remonstrance required in subdivision (a) of
this subsection 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 twenty-five thousand
dollars ($25,000.00). The purchase shall be approved by the
Governing Body after notice and public hearing as provided in
section 18-1755 RS Neb. (Ref. 17-953, 17-953.01 RS Neb.)(Amended
by Ord. 96-121)
§8-112 MUNICIPAL PROPERTY; ACQUISITION OF PROPERTY; APPRAISAL.
The Municipality shall not purchase, lease-purchase, or acquire for
consideration real property having an estimated value of one
hundred thousand dollars ($100,000.00) or more unless an appraisal
of such property has been performed by a certified real estate
appraiser. (Ref. 13-403 RS Neb.) Added Ord. 95-113.
§8-114. MUNICIPAL PROPERTY; PUBLIC WORKS INVOLVING ARCHITECTURE
OR ENGINEERING; REQUIREMENTS.
(1) Except as provided in
subsection (2) of this section, the Municipality shall not engage
in the construction of any public works involving architecture or
engineering unless the plans, specifications, and estimates have
been prepared and the construction has been observed by an
architect, a professional engineer, or a person under the direct
supervision of an architect, professional engineer, or those under
the direct supervision of an architect or professional engineer.
(2) Subsection (1) of this section shall not apply to the
following activities:
(a) Any public works project with contemplated expenditures
for the completed project that do not exceed forty thousand dollars
($40,000);
(b) Any alteration, renovation, or remodeling of a building
if the alteration, renovation, or remodeling does not affect
architectural or engineering safety features of the building;
(c) Performance of professional services for itself if the
Municipality appoints a municipal engineer or employs a full-time
person licensed under the Engineers and Architects Regulation Act
who is in responsible charge of architectural or engineering work;
(d) The practice of any other certified trade or legally
recognized profession;
(e) Earthmoving and related work associated with soil and
water conservation practices performed on any land owned by the
Municipality that is not subject to a permit from the Department of
Water Resources;
(f) The work of employees and agents of the Municipality
performing, in accordance with other requirements of law, their
customary duties in the administration and enforcement of codes,
permit programs, and land-use regulations and their customary
duties in utility and public works construction, operation, and
maintenance.
(g) Those services ordinarily performed by subordinates under
direct supervision of a professional engineer or those commonly
designated as locomotive, stationary, marine operating engineers,
power plant operating engineers, or manufacturers who supervise the
operation of or operate machinery or equipment or who supervise
construction within their own plant;
(h) The construction of municipal water wells as defined in
section 46-1212 RS Neb., the installation of pumps and pumping
equipment into municipal water wells, and the decommissioning of
municipal water wells, unless such construction, installation, or
decommissioning is required by the Municipality to be designed or
supervised by an engineer or unless legal requirements are imposed
upon the Municipality to be designed or supervised by an engineer
or unless legal requirements are imposed upon the Municipality as
a part of a public water supply; and
(i) Any other activities described in sections 81-3449 to
81-3453 RS Neb. (Ref. 81-3423, 81-3445, 81-3449 through 81-3453 RS
Neb.) (Ord. #99-127)