City of Syracuse, Nebraska

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CITY OF SYRACUSE, NEBRASKA ORDINANCE NO. 1015 AN ORDINANCE OF THE CITY OF SYRACUSE, OTOE COUNTY, NEBRASKA TO AMEND CHAPTER 28 OF THE CODE OF ORDINANCES ADOPTING A DEFINITION OF CONTROLLED ACCESS HIGHWAY AND ESTABLISHING A PROCEDURE TO REQUEST ACCESS TO CONTROLLED ACCESS HIGHWAY; TO PROVIDE FOR THE REPEAL OF CONFLICTING ORDINANCES OR SECTIONS; AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF SYRACUSE, NEBRASKA THAT: Section 1. Section 28-1 - Definitions shall be amended as follows: Sec. 28-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Controlled access highway means Nebraska Highway 50, also known as Park Street, upon which the entrance to and departure from such highway/street for vehicular traffic shall be regulated by the city council, upon recommendation by the planning commission. Sidewalk space means that portion of a street between curb lines and adjacent property lines. Section 2. Chapter 28 shall be amended as follows: (a) No private access, public street, public highway, agricultural access, or trail access shall be made, opened, or connected to a controlled access highway within the jurisdiction of the city without review and recommendation by the planning commission and approval by the city council. Such approval shall be given only if the public interest shall be served thereby and shall specify the terms, conditions, and type of access upon which such approval is given. Approval, if granted, shall be for a specific type of access only, and such access shall not be transferred to a different use. If a change in use is proposed, a new application and approval shall be required. (b) Any person desiring to request entrance upon or departure from a controlled access highway shall file an application with the municipal clerk. The application shall be in writing on a form to be furnished by the city for that purpose. Every application shall set forth the legal description of the land upon which the access upon the controlled access highway is requested, the nature of the use or occupancy, the dimensions of the access, the estimated cost of construction of the access, the name of the owner of the land, the name of the contractor, and such other information as may be requested thereon. The application, plans, and specifications so filed with the municipal clerk shall be thereafter considered for review and recommendation by the planning commission and approved or denied by the city council. The owner shall also make payment of the application fee for such access, set by resolution of the city council. Section 3. Any ordinances or sections passed and approved prior to the passage, approval and publication or posting of this ordinance and in conflict with its provisions, are hereby repealed. Section 4. This ordinance shall take effect and be in full force from and after its passage, approval and publication or posting as required by law. PASSED AND APPROVED: _____________________________________. __________________________________________ Mayor (SEAL) ______________________________ City Clerk 2.

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