2006 Nebraska Revised Statutes - § 17-512 — Streets; main thoroughfares; improvement by ordinance; assessments.

Section 17-512
Streets; main thoroughfares; improvement by ordinance; assessments.

The council or board of trustees shall have power by a three-fourths vote of all members of such council or board of trustees 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 village or upon a street or route, designated by the mayor and council or board of trustees as a main thoroughfare, that connects to either a federal or state highway or a county road, and 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.

Source:

Laws 1879, § 69, IV, p. 211

Laws 1881, c. 23, § 8, IV, p. 173

Laws 1885, c. 20, § 1, IV, p. 163

Laws 1903, c. 20, § 1, p. 248

Laws 1909, c. 22, § 1, p. 191

Laws 1911, c. 21, § 1, p. 139

R.S.1913, § 5110

Laws 1915, c. 92, § 1, p. 232

Laws 1917, c. 102, § 1, p. 268

Laws 1919, c. 50, § 1, p. 145

C.S.1922, § 4283

Laws 1923, c. 135, § 1, p. 331

Laws 1927, c. 42, § 1, p. 178

C.S.1929, § 17-432

Laws 1933, c. 136, § 20, p. 530

C.S.Supp.,1941, § 17-432

R.S.1943, § 17-512

Laws 1972, LB 1320, § 1

Annotations:

Another method for initiating paving proceedings is provided by this section. Elliott v. City of Auburn, 172 Neb. 1, 108 N.W.2d 328 (1961).

Power is granted to enact an ordinance creating a paving district. Chicago, St. P., M. & O. Ry. Co. v. City of Randolph, 163 Neb. 687, 81 N.W.2d 159 (1957).

Main thoroughfare must connect at both ends with state highway system. Manners v. City of Wahoo, 153 Neb. 437, 45 N.W.2d 113 (1950).

If three-fourths of all the members of council vote for improvement, the filing of the petition for the improvement by three-fourths of the resident owners of the property subject to the assessment is not necessary. Carr v. City of Lexington, 103 Neb. 293, 171 N.W. 920 (1919).

Under terms of former act, petition for improvement was not necessary and, upon a three-fourths vote of all the members of the council assenting to make the improvement, could create a paving district and levy special assessment to pay for the same. Fitzgerald v. Sattler, 102 Neb. 665, 168 N.W. 599 (1918).

~Reissue Revised Statutes of Nebraska