§ 39-1307 — Department; political subdivisions; highways, roads, streets; constructing, maintaining, improving, financing; agreements

The department, on behalf of the state, and any
political or governmental subdivision or public corporation of this state
shall have the authority to enter into agreements with each other respecting
the planning, designating, financing, establishing, constructing, improving,
maintaining, using, altering, relocating, regulating, or vacating of highways,
roads, streets, connecting links, rights-of-way, including but not limited
to, canals, ditches, or
power, telephone, water, gas, sewer and other service lines owned by such
political or governmental subdivision or public corporation. Such agreements
may, in the discretion of the parties, include provision for indemnification
of, or sharing of, any liability of the parties for future damages occurring
to other persons or property and which may arise under the terms of the contract
authorized by this section.
The department, on behalf
of the state, and any political or governmental subdivision or public corporation
of this state shall have the authority to enter into agreements with each
other whereby the department purchases from any such entity the federal-aid
transportation funds made available to such entity. Such funds may be purchased
at a discount rate determined by the department to be in its best interest.
Such agreements shall provide that the funds obtained from such sale by the
political or governmental subdivision or public corporation be expended for
cost of construction, reconstruction, maintenance, and repair of public highways,
streets, roads, or bridges and facilities, appurtenances, and structures deemed
necessary in connection therewith. All entities which sell federal-aid transportation
funds to the department shall provide proof to the department that the proceeds
of the sale were expended for the described purposes. The manner in which
the proof shall be provided and the time at which proof shall be made shall
be in the discretion of the department and shall be set forth in the agreement.
When the installation, repair, or modification of an electric generating
facility necessitates increased use of a street or road the department may
(1) temporarily or permanently provide for the construction and maintenance
of such street or road, (2) cooperate with the county or township to maintain
such street or road, or (3) designate the street or road as part of the state
highway system as provided in section 39-1309 . The department shall consider
whether improving or maintaining the street or road will benefit the general
public, the present condition of the street or road, and the actual or potential
traffic volume of such street or road.

Legislative History

Source: Laws 1955, c. 148, § 7, p. 420; Laws 1967, c. 238, § 1, p. 636; Laws 1981, LB 14, § 1; Laws 2011, LB98, § 1. Annotations: A first class city may contract with the state through the Department of Roads to prohibit parking on a street which forms a connecting link in the state highway system. Vap v. City of McCook, 178 Neb. 844, 136 N.W.2d 220 (1965).