13-1011.   Street and alley improvements; resolution; assessments; petition,when; bonds; notice of assessment; cancellation of proceedings, when.(a) When the governing body deems it necessary to grade, regrade or improveany street, lane, avenue or alley, or any part thereof, withinthe limits of the city, for which a special tax is to be levied, suchgoverning body shall by resolution declare the work or improvementnecessary to be done. Such resolution shall be published once in the officialpaper of the city. If theresident owners of more than 1/2 the property liable fortaxation therefor do not, within 20days from the mailing of notice pursuant to subsection (f), filewith the clerk of the city their protest against the work orimprovement, the governing body shall have power to cause such work tobe done or such improvement to be made and to contract therefor and tolevy taxes as provided by law. The work may be done before, duringor after the collection of the special assessment.

      (b)   No provision of this act shall prevent the governing body from grading orregrading any street, lane or alley or part thereof, and pay thereforout of the general improvement fund of such city.

      (c)   Inall cities of the first class having a population of less than 30,000, thegoverning body, whenit deems it necessary to bedone, and for the general welfare of such city, may by resolution,regardless of any protest, order the whole or any part of any streetwhich extends from any other paved or macadamized street to any depot orcemetery in or adjoining such city, or any street which extends from themain business street or from the main business center of such city toany depot or cemetery within or adjoining such city, or any street, notto exceed four in number, which extends from the principal businesscenter of such city to and is connected with any main public highwayleading to or from such city to beimproved and shall have power to cause the improvements to bemade, to contract for the making of the same and to levy taxes topay the expenses of such improvements.

      (d)   The city atlarge shall pay the expenses of grading or regrading such street or streets and allexpenses of the areas and intersections formed by the crossing ofstreets and alleys and all crossings of streets and alleys and 1/3 of theexpenses of improving each block of such street or streetsbetween cross streets and ofimproving along eachlot or piece of unplatted land adjoining such street or streets.Two-thirds of the expense of improving any block insuch street between the cross streets, or any such street along anunplatted lot or piece of land in such city, adjoining or abutting onsuch street, shall be assessed to the adjoining property by specialassessment, and except as to the amount assessed against such adjoiningproperty, the adjoining property shall be appraised and assessed to theextent and in the manner provided by law for paying the expenses ofimproving streets and alleys in cities of the first class when protest may bemade. Such cities are authorized to issue improvement bonds in themanner provided by law to pay the expenses of theimprovement.In estimating the expenses of improvements for which the cityor adjoining property will be liable, the city shall deduct from the aggregateexpense of such improvements the amount orproportion of the expense for the payment of which any street railwaycompany or other railway company will be liable. No street railwaycompany or other railway company shall be relieved by reason of thisact from any tax or assessment for which it is now liable under anystatute for any street improvement.

      (e)   In cities of thefirst class having a population of over 30,000, noresolution to pave, macadamize, grade, repave, remacadamize orregrade any street, lane or alley shall be valid unless a petition requestingsuch improvement has been filed with the city clerk, which petition mustbe signed by the resident owners of not less than 1/2 the feet frontingor abutting upon the street, lane or alley to beimproved. The feet fronting or abuttingupon such street, lane or alley owned or held by personswho are not residents of the city shall not be taken into account in determiningthe sufficiencyof any such protest or any such petition. In case of paving, suchpetition shall state the width of the paving and the kind of material tobe used but shall not include the naming of the brand ofmaterial or the name of the manufacturer thereof.

      (f)   Whenever any governing body has proceeded under thissection to grade, regrade or improve any street, lane, avenue or alley, orany part thereof, the governing body shall ascertain before the contractis let therefor the approximate cost of such improvement to the separatetracts and pieces of land liable therefor. The city clerk shallthereupon send by certified mail to the owners of such land, at the addresswhere the owner's tax statement is sent, a written notice ofthe approximate amount which will be assessed against such land. Thegoverning body shall, within 30 days from the date of mailing suchnotices, determine whether the approximate cost of such improvementis unreasonable in comparison with the value of the tracts and pieces ofland liable therefor. If the cost is found to be unreasonable,the governing bodyshall cancel the proceedings theretofore taken for such improvements.The failure of the owner to receive such notice or the inaccuracy of theamount of the approximate costs shall not affect the validity of theproceedings.

      (g)   As used in this section, "improve" means curb, gutter, pave, macadamize,recurb, regutter, repave or remacadamize.

      History:   R.S. 1923, § 13-1011; L. 1951, ch. 150, § 1; L.1957, ch. 109, § 1; L. 1968, ch. 229, § 1; L. 1981, ch. 173, § 34; July 1.