A. Duty Of Council To Order Necessary Repair And Construction: It shall be the duty of the city council, when, in the judgment of the council, the necessity exists therefor, to order the construction of any new sidewalk or reconstruction of existing sidewalks in the city at the cost of the owner or owners of the property in front of which or immediately adjacent to which the said sidewalk or sidewalks are ordered to be constructed. (1974 Code § 6-105)
B. Authority To Make Order:
1. Passage Of Resolution Setting Forth Necessity: Whenever the city council shall determine that a new sidewalk is necessary in front of or adjacent to any property in the city, it shall adopt, at a general or special meeting called for that purpose, a resolution setting forth the existence of the necessity for such reconstruction or construction, and declaring the intention of the council to order such construction.
2. Property Affected: Such resolution shall specify and describe the property in front of which such new construction is to be directed to be made; shall state the general character of the improvement directed to be made and an estimate of the cost thereof, and that the cost of such improvement is to be assessed against the property in front of or adjacent to which the same is directed to be made, unless the owners of said property shall cause and procure the same to be done.
3. Protests: Said resolution shall further provide and specify a time within which protests against the said improvement may be filed with the city, which shall be not less than five (5) nor more than fifteen (15) days after the date of the adoption of such resolution, and shall likewise specify the date upon which such protests will be heard and considered by the city council. (1974 Code § 6-106)
C. Publication Of Order: Upon the adoption of the city council of the resolution as specified in subsection B of this section, the city clerk-treasurer shall cause said resolution to be published in one issue of the official city newspaper before the time fixed in such resolution as the limit for the filing of protests against said improvement, and an affidavit of such publication shall be filed in the office of the city clerk-treasurer. (1974 Code § 6-107; amd. 2010 Code)
D. Notice To Property Owner:
1. Written Notice: Upon the passage of any final resolution by the city council directing the construction or reconstruction of sidewalks as above specified, the city clerk-treasurer shall thereupon cause a written notice, setting forth the resolution to be served upon the owner or owners of the property abutting, fronting on or adjacent to the sidewalk, or sidewalks to be constructed, or reconstructed, notifying such persons that they must commence the reconstruction or construction, as the case may be, in accordance with the provisions of said resolution, directing the commencement of said work within a period of time set by the city council from the date of the service of said notice. (1974 Code § 6-108; amd. 2010 Code)
2. Service Of Notice: The notice shall be served by the delivery of a copy thereof to the owner or owners of the said property described in the resolution directing the making of the said improvement or improvements, if such owner or owners are residents of the city. In the event that any such owner is a nonresident, such notice shall be served upon him by depositing a copy thereof in the U.S. post office, enclosed in a sealed envelope, with postage thereon prepaid, addressed to the person to be served at his last known address. In the event that any such owner is a nonresident whose address cannot be discovered, then the city clerk-treasurer shall cause copies of the said notice to be served personally upon any person or persons occupying the said premises as tenants or otherwise, and a copy thereof to be posted in a conspicuous place upon the said property. (1974 Code § 6-108)
E. Procedure Of Council After Giving Notice:
1. Failure Of Owner To Comply; Work Done By City Or Under Contract: In the event that, at the expiration of the time specified in the notice for the commencement of work therein specified, at which time the same shall not have been commenced by the owner of the property abutting, fronting or adjacent to the same, then the city shall proceed, as soon as practicable, to do the said work or cause the same to be done under contract, and in accordance with plans and specifications therefor prepared by the city engineer.
2. Written Bids:
a. Calling Of Written Bids: The council may, if it deems it necessary or proper, direct the calling of written bids for the doing of the said work; said bids to be considered at a regular or special meeting of the city council as may be specified by the call. (1974 Code § 6-109)
b. Preparation And Publication Of Notice: Notice of the call for bids shall be prepared and signed by the city clerk-treasurer, and shall be published one time a week for three (3) successive weeks, in the official city newspaper, and shall give not less than five (5) days from the date of the last publication thereof within which bids may be submitted by bidders. (1974 Code § 6-109; amd. 2010 Code)
c. Bids; Certified Check: Each bid submitted shall be accompanied by a certified check payable to the order of the city in an amount equal to ten percent (10%) of the sum bid, the same to be held and not cashed until the acceptance of one of the said bids, when all checks of unsuccessful bidders shall be returned thereto. The check submitted by the successful bidder shall, on acceptance of his bid, be cashed and the amount thereof held by the city clerk-treasurer as a guarantee that he will enter into a written contract with the city to do the work specified in his bid within five (5) days from the date of the acceptance of his bid by the city council. (1974 Code § 6-109)