(A) (1) The governing body may, by resolution, order the construction of a sidewalk on any lot or piece of ground within the city. Notice of the governing body's intention to construct the sidewalk shall be given by the City Clerk by publication of notice one time in a legal newspaper of general circulation in the city.
(2) A copy of the notice shall be personally served upon the occupant in possession of the property, or, when personal service is not possible, the notice shall be posted upon the premise ten days prior to the commencement of construction. The notice required in this section shall be prepared by the City Attorney in accordance with the provisions of this section. The service shall include a form of return evidencing personal service or posting as herein required.
(3) The notice shall notify the owner of the premise 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 city will cause the sidewalk to be constructed and the cost thereof shall be levied and assessed as a special tax against the premise, provided the notice shall contain the official estimate of the cost of the construction and no special assessment in excess of this estimate shall be assessed against the property. In the event the property owner is a non-resident of the county in which the property lies, the city 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 non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time the required notice was first published.
(Prior Code, § 8-210)
(B) Whenever the city shall construct, widen, replace, or reconstruct any sidewalk, notice prepared by the City Attorney, specifying the work to be done and calling for bids for doing the 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 city, 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 the real estate whenever the 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. The 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 the contractor or other holder of the certificate or certificates all assessments or special taxes against the real estate, together with the interest and penalty thereon, at any time upon presentation of the certificate or certificates after the assessments or special taxes against the real estate, together with interest or penalty thereon, shall have been collected.
(Prior Code, § 8-211)
Statutory reference:
Similar to state law provisions, see Neb. RS 16-321, 16-664, 16-666