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§ 93.024 CONSTRUCTION BY OWNER.
   (A)   Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as herein provided. It shall be unlawful for any person to construct any sidewalk without first having obtained a permit.
   (B)   Said owner shall make application in writing for a permit and file such application in the office of the City Clerk. The permit shall give a description of the lot or piece of land along which the sidewalk is to be constructed. The City Superintendent shall issue the desired permit unless good cause shall appear why said permit should be denied; provided, if it is desired to construct the sidewalk at any other than the regularly prescribed location, grade, or elevation, the City Superintendent shall submit the application to the governing body who shall determine whether the permit should be granted or denied. It shall be unlawful for any person to construct, or cause to be constructed, said sidewalk at any other location, grade, or elevation than so designated by the municipality. All sidewalks shall be built and constructed on the established grade, or elevation, and if there is no established grade, then on the grade or elevation indicated by the City Superintendent.
(Prior Code, § 8-205) Penalty, see § 93.999
§ 93.025 MUNICIPAL CONSTRUCTION.
   (A)   The governing body may, by resolution, order the construction of a sidewalk on any lot or piece of ground within the municipality. Notice of the governing body’s intention to construct said sidewalk shall be given by the City Clerk by publication of notice one time in a legal newspaper of general circulation in the municipality.
   (B)   A copy of said notice shall be personally served upon the occupant in possession of such property, or, when personal service is not possible, said notice shall be posted upon such premises ten days prior to the commencement of construction. The notice required in this section shall be prepared by the Municipal Attorney in accordance with the provisions of this section. Such service shall include a form of return evidencing personal service or posting as herein required.
   (C)   Said notice shall notify the owner of the premises of the passage of the resolution ordering him or her to construct or cause to be constructed a sidewalk within 30 days after the date of publication and further that if he or she fails to construct the sidewalk or cause the same to be done within the time allowed, the municipality will cause the sidewalk to be constructed and the cost thereof shall be levied and assessed as a special tax against the premises; provided, the notice shall contain the official estimate of the cost of said construction and no special assessment in excess of this estimate shall be assessed against the property. In the event the property owner is a nonresident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the nonresident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Prior Code, § 8-206)
Statutory reference:
   Related provisions, see Neb. RS 17-522, 17-523
§ 93.026 CONSTRUCTION BIDS.
   Whenever the municipality shall construct, widen, replace, or reconstruct any sidewalk, notice prepared by the Municipal Attorney, specifying the work to be done and calling for bids for doing such work and supplying the necessary materials and labor, shall be published in at least one issue of a legal newspaper of general circulation in the municipality; provided, bids so invited shall be filed in the office of the City Clerk within ten days after the date of publication. Bids shall be opened at the next regular or special meeting of the governing body, and the governing body shall then award the work to the lowest responsible bidder. Upon approval of the work, the governing body may require the contractor to accept payment in certificates issued to him or her by the City Clerk entitling him or her to all assessments or special taxes, against such real estate whenever such assessments or special taxes shall be collected together with the interest or penalty collected thereon. Each certificate shall give the legal description of the lot, lots, or parcel of ground against which the assessments or special taxes are assessed. Such certificate or certificates may be assigned and transferred, entitling the holder to the same rights as if held by the original contractor. The County Treasurer shall pay over to such contractor or other holder of the certificate or certificates all assessments or special taxes against such real estate, together with the interest and penalty thereon, at any time upon presentation of such certificate or certificates after said assessments or special taxes against such real estate, together with interest or penalty thereon, shall have been collected.
(Prior Code, § 8-207)
§ 93.027 CONSTRUCTION BY PETITION.
   If three-fifths of the record resident abutting owners of property in fee simple, subject to assessment for sidewalk improvements, petition the governing body to make the same, the governing body shall proceed in all things as though such construction had been ordered by it. Upon the petition of any freeholder who is an abutting owner in fee simple of property subject to assessment for sidewalk improvements, the governing body may order permanent sidewalks built in accordance with this subchapter upon the freeholder making, executing, and delivering to the municipality an agreement to the effect that the petitioning freeholder will pay the engineering service fee and the cost of the construction of the sidewalk, and that the cost of such construction including the engineering service fee and all other incidental construction costs until paid shall be a perpetual lien upon the real estate along which the freeholder desires such sidewalk to be constructed and that the petitioner gives and grants to the municipality the right to assess and levy the costs of such construction against the freeholder’s real estate abutting the sidewalk improvement and promises to pay such costs with interest. The total cost of such improvement shall be levied, allocated, financed, and specially assessed as provided by law. In the event the property owner is a nonresident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the nonresident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Prior Code, § 8-208)
§ 93.028 RAMPS.
   Any property owner desiring to construct, or cause to be constructed, any sidewalk ramp to facilitate access to their property shall do so only as herein provided. It shall be unlawful for any person to construct any sidewalk ramp without obtaining the permission of the governing body. SIDEWALK RAMP shall mean any sidewalk constructed on municipal property which is not constructed on the established grade. The governing body shall consider the need for such ramp for accessibility and the extent to which such ramp would restrict the remaining sidewalk, impede drainage, or otherwise affect pedestrians. Any property owner constructing such sidewalk ramp and their successors in interest to the property benefitted by such ramp shall indemnify the city for loss due to obstruction of the sidewalk.
(Prior Code, § 8-209) (Ord. 739, passed 1-17-2005) Penalty, see § 93.999
STREETS
§ 93.040 NAMES AND NUMBERS.
   The governing body may at any time, by ordinance, rename any street or provide a name for any new street. Buildings used for residence or business purposes and located along such streets shall retain such numbers as the governing body may require. It shall be the duty of the City Superintendent, upon the erection of any new building or buildings to assign the proper numbers to said building or buildings and give notice to the owner or owners and occupant or occupants of the same.
(Prior Code, § 8-301)
§ 93.041 WIDENING AND OPENING.
   The governing body shall have the power to open or widen any street, alley, or lane within the limits of the municipality; to create, open, and improve any new street, alley, or lane; provided, all damages sustained shall be ascertained in such manner as shall be provided by ordinance.
(Prior Code, § 8-302)
Statutory reference:
   Related provisions, see Neb. RS 17-558, 17-559, 76-704 through 76-724
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