(A) Whenever three-fourths of the Council shall deem it necessary that a sidewalk should be constructed, reconstructed, repaired, or widened in front of any lot or piece of ground in the city in a place where there is no sidewalk, they shall so order by resolution and the Street Superintendent or other agent of the Council shall thereupon serve on the owner of such lot or piece of ground, or his or her agent, a copy of the resolution, which shall be substantially in form as follows:
RESOLUTION Gering, Nebraska , 20 Be It Resolved by the Mayor and Council of the City of Gering, Nebraska: 1. That a sidewalk be within 30 days from and after the service or publication of the within resolution constructed (reconstructed, repaired, widened) and laid to the established grade on the side of Street in the City of Gering, Scotts Bluff County, Nebraska, adjoining the following described premises, to-wit: in accordance with the following specifications, to-wit: under the supervision of the Mayor and Council of the City of Gering, Scotts Bluff County, Nebraska, its City Engineer or other agent, and in accordance with the provisions of §§ 95.40 through 95.54. 2. That in the event of the failure of the owner or his or her agent to have such walk constructed (reconstructed, repaired, widened), the Mayor and Council of the city will cause the same to be constructed (reconstructed, repaired, widened) and the entire cost of construction thereof will be taxed as a special assessment against the within described premises as provided by law. 3. The City Engineer’s estimate for the construction of the work of improvement is Dollars. Attest: Mayor City Clerk (SEAL)” RETURN I “I (or we), the undersigned owner or owners of the within described premises, acknowledge receipt of a copy of the within resolution. Dated at , this , day of , 20 , “ or II “State of Nebraska, ) County of Scotts Bluff ) I, , City Engineer, or of the City of Gering, Scotts Bluff County, Nebraska, hereby certify that I served a copy of the within resolution on by delivering to personally a true and correct copy of the within resolution with all the endorsements thereon on the day of , 20 . “ |
(B) If the owner of such lot or piece of ground, or his or her agent, be a resident of the city, personal service of the resolution on the owner or his or her agent shall be deemed sufficient notice. If the owner or his or her agent be a non-resident of the city, or if a resident thereof and cannot be found, or if the Council shall elect to serve notice on the owner or his or her agent by publication, the Clerk shall cause a copy of the resolution to be addressed to “ ,” legal owners of the following described property; “ ,” to be published in a legal newspaper, designated by the Mayor and Council, and of general circulation in the city, one publication. The publisher of such legal newspaper, or his or her agent, shall file with the Clerk an affidavit of the publication of the resolution as soon as the publication herein required is completed. Such publication shall be deemed good and sufficient notice to the owners of property, resident or non-resident, in front of, abutting, or adjacent to which the sidewalk is to be constructed (reconstructed, repaired, widened). The affidavit of the printer or his or her agent shall be prima facie evidence of the publication herein required and shall be preserved and made a part of the records of the city.
(Prior Code, § 95.41)