[R.O. 1992 § 505.520; R.O. of 1942 § 488; Ord. No. 4461 § 1, 9-16-1974; Ord. No. 7230, 6-15-1992; Ord. No. 01-9013 § 2, 6-4-2001]
The City Council may by ordinance provide for the building of any sidewalk or for the rebuilding and reconstruction of the same, including grading and filling therefor, and including the removal of any obstructions, and including approaches at corner lots, and including the grading or parking of that portion of the street lying between the property line and the street curbline, by contract, and levy a special assessment against each lot or tract along which such work is done, for the cost thereof; provided, that no such contract shall be let until the plans and specifications for said work have been adopted by ordinance. No contract shall be let until an advertisement for bids for the doing of such work has been published in at least one (1) issue of a weekly newspaper or at least two (2) consecutive issues of a daily newspaper published in the City, and the date for the opening of the bids shall be at least ten (10) days after the date of the first publication of the advertisement for bids; and provided, further, that before the bids are opened, the City Engineer shall prepare and file an estimate showing the estimated quantities of grading, filling and for the various materials required for the sidewalk in front of each separate lot, tract or parcel of ground, an estimate of the cost of the work per cubic yard or per square yard, as the case may be, an estimate of the cost of the removal of any obstruction; and no contract shall be let for a price in excess of the estimates of the cost. After the bids are opened by the City Clerk, the City Council shall let the contract for the work to the lowest and best responsible bidder, and in case there are no bids or that all bids are rejected for any reason, the City Council may readvertise for bids for the work, or may by ordinance order and require the City Engineer to build and construct the sidewalk or to do the other work as herein contemplated, according to the specifications adopted therefor; provided, that the cost of the work shall not exceed the estimate of the City Engineer previously filed, keeping an accurate account of the cost of the separate items thereof, and the City Council shall pay for the labor and material and all other cost of the work out of any funds which they may have on hand available for such purpose. At the completion of the work, either by contract or by the City, at last provided, the City Council shall levy the cost thereof as a special assessment against the lot, tract or parcel of ground along which each of the sidewalks or other improvements are made in the manner as hereinafter provided. All bids in this Article shall be accompanied by a certified check or cashier's check, made payable to the order of the City, equal in amount to five percent (5%) of the amount bid for such work as a guarantee that the bidder, if awarded the contract, will enter into a written contract to perform the improvement; provided, that no such check shall be in an amount less than ten dollars ($10.00).