Whenever three-fourths of Council deem it necessary that a sidewalk be constructed 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 City Manager shall thereupon notify in writing the owner of such lot or piece of ground of the work or improvement to be done, and such owner so notified shall be allowed thirty days from the service of notice in which to construct the same. The notice shall be given by delivering the same to the owner in person or by leaving it at his usual place of residence in the City, or, if he is a nonresident of the City, by publication of such notice one time in a legal newspaper published in and of general circulation in the City and by mailing a copy thereof to the last known address of the owner in the manner provided by Section 25-520.01, Revised Statutes of Nebraska, 1943, Reissue of 1964, as amended. The notice shall notify such owner of the passage of the resolution and that he will have thirty days from and after the service of the notice, or from the day of publication, in the event that notice is given in that manner, within which to construct the sidewalk so ordered by resolution or cause the same to be done, and further notify the owner that if he fails to construct the sidewalk, or cause the same to be done, within thirty days after notice as aforesaid, that then, and in that case, the City will cause the sidewalk to be constructed and that the cost thereof will be levied and assessed thereafter by the Mayor and Council as a special tax against the owner's premises. The notice shall be substantially in form as follows:
"RESOLUTION
Sidney, Nebraska, ............., 19....
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF SIDNEY, NEBRASKA:
1. That a sidewalk be, within thirty 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 Sidney, Cheyenne 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 Sidney, Cheyenne County, Nebraska, the City Manager or other agent, and in accordance with. the provisions of Chapter 1024 of the Codified Ordinances of Sidney, 1977.
2. That in the event of the failure of the owner or his agent to have such walk constructed (reconstructed, repaired, widened) the Mayor and Council 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 said work of improvement is ............ dollars.
ATTEST:
................................... .................................
City Clerk-Treasurer Mayor.
(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 ................., 19.........
...................................
................................." or
II
"State of Nebraska, )
County of Cheyenne, ) ss.
City of Sidney. )
I, ......................, City Manager, or ........................ of the City of Sidney, Cheyenne 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 ........................, 19....
........................................."
If the owner of such lot or piece of ground or his agent is a resident of the City, personal service of the resolution on the owner or his agent shall be deemed sufficient notice. If the owner or his agent is a nonresident of the City, or if he is a resident thereof but cannot be found, or if Council elects to serve notice on the owner or his agent by publication, the Clerk-Treasurer shall cause a copy of such resolution to be addressed to "........................," legal owners of the following described property, to-wit: ".........................," to be published once in a legal newspaper, designated by the Mayor and Council, published in or of general circulation in the City and by mailing a copy to the last known address of the owner as provided above. The publisher of such legal newspaper or his agent shall file with the Clerk-Treasurer 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 nonresident, in front of, abutting or adjacent to which the sidewalk is to be constructed, reconstructed, repaired or widened. The affidavit of the printer or his 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, and the affidavit of the Clerk-Treasurer of the mailing of the notice as herein provided shall be prima-facie evidence of the mailing of the notice, and such affidavit shall be preserved and made a part of the records of the City.
(1958 Code § 23.39)