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2020 Nebraska Revised Statutes
Chapter 17 - Cities of the Second Class and Villages
17-512 Streets; main thoroughfares; improvement by ordinance; assessments.

Universal Citation: NE Code § 17-512 (2020)
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17-512. Streets; main thoroughfares; improvement by ordinance; assessments.

The city council of a city of the second class or village board of trustees may, by a three-fourths vote of all members of such city council or village board of trustees, enact an ordinance creating an improvement district, 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 city council or village board of trustees as a main thoroughfare, that connects to either a federal or state highway or a county road, and shall contract for such work, and shall levy assessments on the lots and parcels of land abutting on or adjacent to such street or alley specially 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;
  • Laws 2015, LB361, § 31;
  • Laws 2017, LB133, § 130.

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).

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