State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-916

19-916. Additions; subdivision or platting; procedure;rights and privileges of inhabitants; powers of legislative body; approvalrequired; effect; filing andrecording.(1) The local legislativebody shall have power by ordinance to provide the manner, plan, or methodby which land within the corporate limits of any such municipality, or landwithin the area designated by a city of the first class pursuant to subsection(1) of section 16-902 or within the area designated by a city of the secondclass or village pursuant to subsection (1) of section 17-1002, may be subdivided,platted, or laid out, including a plan or system for the avenues, streets,or alleys to be laid out within or across such land, and to compel the ownersof any such land that are subdividing, platting, or laying out such land toconform to the requirements of the ordinance and to lay out and dedicate theavenues, streets, and alleys in accordance with the ordinance as providedin sections 16-901 to 16-905 and sections 17-1001 to 17-1004. No additionshall have any validity, right, or privileges as an addition, and no platof land or, in the absence of a plat, no instrument subdividing land withinthe corporate limits of any such municipality or of any land within the areadesignated by a city of the first class pursuant to subsection (1) of section 16-902 or within the area designated by a city of the second class or villagepursuant to subsection (1) of section 17-1002, shall be recorded or have anyforce or effect, unless the plat or instrument is approved by the legislativebody, or its designated agent, and the legislative body's or agent's approvalis endorsed on such plat or instrument.(2)The legislative body may designate by ordinance an employee of such city orvillage to approve further subdivision of existing lots and blocks wheneverall required public improvements have been installed, no new dedication ofpublic rights-of-way or easements is involved, and such subdivision complieswith the ordinance requirements concerning minimum areas and dimensions ofsuch lots and blocks.(3) All additions laid out contiguous or adjacent to the corporatelimits may be included within the corporate limits and become a part of suchmunicipality for all purposes whatsoever ifapproved by the legislative body of the city or village under this subsection.The proprietor or proprietors of any land within the corporate limits of anycity of the first or second class or village, or of any land contiguous oradjacent to the corporate limits, may lay out such land into lots, blocks,streets, avenues, alleys, and other grounds under the name of .......... Additionto the City or Village of .........., and shall cause an accurate map or platthereof to be made out, designating explicitly the land so laid out and particularlydescribing the lots, blocks, streets, avenues, alleys, and other grounds belongingto such addition. The lots shall be designated by numbers, and streets, avenues,and other grounds, by names or numbers. Such plat shall be acknowledged beforesome officer authorized to take the acknowledgments of deeds, shall containa dedication of the streets, alleys, and public grounds therein to the useand benefit of the public, and shall have appended a survey made by some competentsurveyor with a certificate attached, certifying that he or she has accuratelysurveyed such addition and that the lots, blocks, streets, avenues, alleys,parks, commons, and other grounds are well and accurately staked off and marked.The addition may become part of the municipality at such timeas the addition is approved bythe legislative body if (a) after giving notice of the time andplace of the hearing as provided in section 19-904, the planning commissionand the legislative body both hold public hearings on the inclusion of theaddition within the corporate limits and (b) the legislative body votes to approvethe inclusion of the addition within the corporate boundaries of the municipalityin a separate vote from the vote approving the addition. Such hearings shall be separate from the public hearingsheld regarding approval of the addition. If the legislative bodyincludes the addition within the corporate limits, the inhabitants of suchaddition shall be entitled to all the rights and privileges and shall be subject to all the laws, ordinances,rules, and regulations of the municipality to which such land is an addition. When such map or plat is made out, acknowledged,and certified, and has been approved by the local legislative body, the mapor plat shall be filed and recorded in the office of the register of deedsand county assessor of the county. If the legislative body includes the additionwithin the corporate limits, such map or plat shall be equivalent to a deedin fee simple absolute to the municipality from the proprietor of all streets,avenues, alleys, public squares, parks, and commons, and of such portion ofthe land as is therein set apart for public and municipal use, or is dedicatedto charitable, religious, or educational purposes. SourceLaws 1901, c. 18, § 6, p. 228; R.S.1913, § 4811; C.S.1922, § 3979; C.S.1929, § 16-108; R.S.1943, § 16-112; Laws 1967, c. 66, § 1, p. 215; Laws 1974, LB 757, § 3; R.R.S.1943, § 16-112; Laws 1975, LB 410, § 2; Laws 1983, LB 71, § 10; Laws 2001, LB 210, § 1; Laws 2009, LB495, § 9.AnnotationsAnnexation by city council resolution in compliance with a subdivision ordinance adopted by the city under section 19-916 constitutes a declaration of boundaries of the city by ordinance within the meaning of former section 79-801. The effective date of the city annexation ordinance is the date of the city council resolution of approval. Northwest High School Dist. No. 82 of Hall & Merrick Counties v. Hessel, 210 Neb. 219, 313 N.W.2d 656 (1981).One of two methods of annexing territory to a city of the first class is provided by this section. State ex rel. City of Grand Island v. Tillman, 174 Neb. 23, 115 N.W.2d 796 (1962).

State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-916

19-916. Additions; subdivision or platting; procedure;rights and privileges of inhabitants; powers of legislative body; approvalrequired; effect; filing andrecording.(1) The local legislativebody shall have power by ordinance to provide the manner, plan, or methodby which land within the corporate limits of any such municipality, or landwithin the area designated by a city of the first class pursuant to subsection(1) of section 16-902 or within the area designated by a city of the secondclass or village pursuant to subsection (1) of section 17-1002, may be subdivided,platted, or laid out, including a plan or system for the avenues, streets,or alleys to be laid out within or across such land, and to compel the ownersof any such land that are subdividing, platting, or laying out such land toconform to the requirements of the ordinance and to lay out and dedicate theavenues, streets, and alleys in accordance with the ordinance as providedin sections 16-901 to 16-905 and sections 17-1001 to 17-1004. No additionshall have any validity, right, or privileges as an addition, and no platof land or, in the absence of a plat, no instrument subdividing land withinthe corporate limits of any such municipality or of any land within the areadesignated by a city of the first class pursuant to subsection (1) of section 16-902 or within the area designated by a city of the second class or villagepursuant to subsection (1) of section 17-1002, shall be recorded or have anyforce or effect, unless the plat or instrument is approved by the legislativebody, or its designated agent, and the legislative body's or agent's approvalis endorsed on such plat or instrument.(2)The legislative body may designate by ordinance an employee of such city orvillage to approve further subdivision of existing lots and blocks wheneverall required public improvements have been installed, no new dedication ofpublic rights-of-way or easements is involved, and such subdivision complieswith the ordinance requirements concerning minimum areas and dimensions ofsuch lots and blocks.(3) All additions laid out contiguous or adjacent to the corporatelimits may be included within the corporate limits and become a part of suchmunicipality for all purposes whatsoever ifapproved by the legislative body of the city or village under this subsection.The proprietor or proprietors of any land within the corporate limits of anycity of the first or second class or village, or of any land contiguous oradjacent to the corporate limits, may lay out such land into lots, blocks,streets, avenues, alleys, and other grounds under the name of .......... Additionto the City or Village of .........., and shall cause an accurate map or platthereof to be made out, designating explicitly the land so laid out and particularlydescribing the lots, blocks, streets, avenues, alleys, and other grounds belongingto such addition. The lots shall be designated by numbers, and streets, avenues,and other grounds, by names or numbers. Such plat shall be acknowledged beforesome officer authorized to take the acknowledgments of deeds, shall containa dedication of the streets, alleys, and public grounds therein to the useand benefit of the public, and shall have appended a survey made by some competentsurveyor with a certificate attached, certifying that he or she has accuratelysurveyed such addition and that the lots, blocks, streets, avenues, alleys,parks, commons, and other grounds are well and accurately staked off and marked.The addition may become part of the municipality at such timeas the addition is approved bythe legislative body if (a) after giving notice of the time andplace of the hearing as provided in section 19-904, the planning commissionand the legislative body both hold public hearings on the inclusion of theaddition within the corporate limits and (b) the legislative body votes to approvethe inclusion of the addition within the corporate boundaries of the municipalityin a separate vote from the vote approving the addition. Such hearings shall be separate from the public hearingsheld regarding approval of the addition. If the legislative bodyincludes the addition within the corporate limits, the inhabitants of suchaddition shall be entitled to all the rights and privileges and shall be subject to all the laws, ordinances,rules, and regulations of the municipality to which such land is an addition. When such map or plat is made out, acknowledged,and certified, and has been approved by the local legislative body, the mapor plat shall be filed and recorded in the office of the register of deedsand county assessor of the county. If the legislative body includes the additionwithin the corporate limits, such map or plat shall be equivalent to a deedin fee simple absolute to the municipality from the proprietor of all streets,avenues, alleys, public squares, parks, and commons, and of such portion ofthe land as is therein set apart for public and municipal use, or is dedicatedto charitable, religious, or educational purposes. SourceLaws 1901, c. 18, § 6, p. 228; R.S.1913, § 4811; C.S.1922, § 3979; C.S.1929, § 16-108; R.S.1943, § 16-112; Laws 1967, c. 66, § 1, p. 215; Laws 1974, LB 757, § 3; R.R.S.1943, § 16-112; Laws 1975, LB 410, § 2; Laws 1983, LB 71, § 10; Laws 2001, LB 210, § 1; Laws 2009, LB495, § 9.AnnotationsAnnexation by city council resolution in compliance with a subdivision ordinance adopted by the city under section 19-916 constitutes a declaration of boundaries of the city by ordinance within the meaning of former section 79-801. The effective date of the city annexation ordinance is the date of the city council resolution of approval. Northwest High School Dist. No. 82 of Hall & Merrick Counties v. Hessel, 210 Neb. 219, 313 N.W.2d 656 (1981).One of two methods of annexing territory to a city of the first class is provided by this section. State ex rel. City of Grand Island v. Tillman, 174 Neb. 23, 115 N.W.2d 796 (1962).

State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter19 > 19-916

19-916. Additions; subdivision or platting; procedure;rights and privileges of inhabitants; powers of legislative body; approvalrequired; effect; filing andrecording.(1) The local legislativebody shall have power by ordinance to provide the manner, plan, or methodby which land within the corporate limits of any such municipality, or landwithin the area designated by a city of the first class pursuant to subsection(1) of section 16-902 or within the area designated by a city of the secondclass or village pursuant to subsection (1) of section 17-1002, may be subdivided,platted, or laid out, including a plan or system for the avenues, streets,or alleys to be laid out within or across such land, and to compel the ownersof any such land that are subdividing, platting, or laying out such land toconform to the requirements of the ordinance and to lay out and dedicate theavenues, streets, and alleys in accordance with the ordinance as providedin sections 16-901 to 16-905 and sections 17-1001 to 17-1004. No additionshall have any validity, right, or privileges as an addition, and no platof land or, in the absence of a plat, no instrument subdividing land withinthe corporate limits of any such municipality or of any land within the areadesignated by a city of the first class pursuant to subsection (1) of section 16-902 or within the area designated by a city of the second class or villagepursuant to subsection (1) of section 17-1002, shall be recorded or have anyforce or effect, unless the plat or instrument is approved by the legislativebody, or its designated agent, and the legislative body's or agent's approvalis endorsed on such plat or instrument.(2)The legislative body may designate by ordinance an employee of such city orvillage to approve further subdivision of existing lots and blocks wheneverall required public improvements have been installed, no new dedication ofpublic rights-of-way or easements is involved, and such subdivision complieswith the ordinance requirements concerning minimum areas and dimensions ofsuch lots and blocks.(3) All additions laid out contiguous or adjacent to the corporatelimits may be included within the corporate limits and become a part of suchmunicipality for all purposes whatsoever ifapproved by the legislative body of the city or village under this subsection.The proprietor or proprietors of any land within the corporate limits of anycity of the first or second class or village, or of any land contiguous oradjacent to the corporate limits, may lay out such land into lots, blocks,streets, avenues, alleys, and other grounds under the name of .......... Additionto the City or Village of .........., and shall cause an accurate map or platthereof to be made out, designating explicitly the land so laid out and particularlydescribing the lots, blocks, streets, avenues, alleys, and other grounds belongingto such addition. The lots shall be designated by numbers, and streets, avenues,and other grounds, by names or numbers. Such plat shall be acknowledged beforesome officer authorized to take the acknowledgments of deeds, shall containa dedication of the streets, alleys, and public grounds therein to the useand benefit of the public, and shall have appended a survey made by some competentsurveyor with a certificate attached, certifying that he or she has accuratelysurveyed such addition and that the lots, blocks, streets, avenues, alleys,parks, commons, and other grounds are well and accurately staked off and marked.The addition may become part of the municipality at such timeas the addition is approved bythe legislative body if (a) after giving notice of the time andplace of the hearing as provided in section 19-904, the planning commissionand the legislative body both hold public hearings on the inclusion of theaddition within the corporate limits and (b) the legislative body votes to approvethe inclusion of the addition within the corporate boundaries of the municipalityin a separate vote from the vote approving the addition. Such hearings shall be separate from the public hearingsheld regarding approval of the addition. If the legislative bodyincludes the addition within the corporate limits, the inhabitants of suchaddition shall be entitled to all the rights and privileges and shall be subject to all the laws, ordinances,rules, and regulations of the municipality to which such land is an addition. When such map or plat is made out, acknowledged,and certified, and has been approved by the local legislative body, the mapor plat shall be filed and recorded in the office of the register of deedsand county assessor of the county. If the legislative body includes the additionwithin the corporate limits, such map or plat shall be equivalent to a deedin fee simple absolute to the municipality from the proprietor of all streets,avenues, alleys, public squares, parks, and commons, and of such portion ofthe land as is therein set apart for public and municipal use, or is dedicatedto charitable, religious, or educational purposes. SourceLaws 1901, c. 18, § 6, p. 228; R.S.1913, § 4811; C.S.1922, § 3979; C.S.1929, § 16-108; R.S.1943, § 16-112; Laws 1967, c. 66, § 1, p. 215; Laws 1974, LB 757, § 3; R.R.S.1943, § 16-112; Laws 1975, LB 410, § 2; Laws 1983, LB 71, § 10; Laws 2001, LB 210, § 1; Laws 2009, LB495, § 9.AnnotationsAnnexation by city council resolution in compliance with a subdivision ordinance adopted by the city under section 19-916 constitutes a declaration of boundaries of the city by ordinance within the meaning of former section 79-801. The effective date of the city annexation ordinance is the date of the city council resolution of approval. Northwest High School Dist. No. 82 of Hall & Merrick Counties v. Hessel, 210 Neb. 219, 313 N.W.2d 656 (1981).One of two methods of annexing territory to a city of the first class is provided by this section. State ex rel. City of Grand Island v. Tillman, 174 Neb. 23, 115 N.W.2d 796 (1962).