17-513 Streets; improvement; petitions and protests; sufficiency; how determined; appeal.
17-513. Streets; improvement; petitions and protests; sufficiency; how determined; appeal.Before proceeding with any such improvement the sufficiency of the protests or petitions or of the existence of the required facts and conditions shall be determined by the city council or board of trustees at a hearing of which notice shall be given to all persons who may become liable for assessments by one publication in each of two successive weeks in a newspaper having general circulation in the city or village. Appeal from the action of the city council or board of trustees may be made to the district court of the county in which the proposed district is situated. The sufficiency of the protests or petitions referred to in sections 17-510 and 17-511, as to the ownership of the property, shall be determined by the record in the office of the county clerk or register of deeds at the time of the adoption of said ordinance. In determining the sufficiency of the petitions or objections, intersections shall be disregarded, and any lot or ground owned by the city shall not be counted for or against such improvement. SourceLaws 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, § 17-513; Laws 1963, c. 71, § 1, p. 274. AnnotationsSufficiency of paving petition is to be determined by record at time of adoption of ordinance. Elliott v. City of Auburn, 172 Neb. 1, 108 N.W.2d 328 (1961).