O-76-46ORDINANCE NO. 0 -76- 46
AN ORDINANCE TO ADD ARTICLE V ENTITLED
"SIDEWALKS" TO CHAPTER 11 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD, ILLINOIS
Published in pamphlet form this
16th day of August , 1976,
by the President and Board of
Trustees of Deerfield.
ORDINANCE NO. 0 -76- 46
AN ORDINANCE TO ADD ARTICLE V ENTITLED
"SIDEWALKS" TO CHAPTER 11 OF THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD, ILLINOIS
WHEREAS, the Village of Deerfield is a Home Rule Unit as a result of a
successful referendum vote held on such Home Rule question on the 15th day of
April, 1975; and
WHEREAS, the Village, as a Home Rule Unit, may exercise any power and
perform any function pertaining to its government and affairs; and
WHEREAS, the statutes of the State of Illinois authorize municipalities,
to provide for the construction, replacement and repair of sidewalks and further
provide for the payment thereof in whole or in part from general tax revenues,
or by special assessment, or by special taxation, or from other street and bridge
or motor fuel taxes, and further provides to said municipalities the right to
contract for such work; and
WHEREAS, said special assessment or special taxation proceedings require
additional time and expense in the initiation of such sidewalk improvements, in
the preparation of an assessment roll and the levy and collection of the cost of
constructing or installing such improvement over a period of several years, and
such procedures result, generally, in a substantially greater cost for such im-
provement; and
WHEREAS, a large proportion of sidewalk reconstruction and replacement
and repair work in the Village has been occasioned to isolated portions in small
sections of sidewalk area scattered throughout the Village, for which the time
and expense of conducting separate special assessment or special taxation pro-
ceedings is not warranted; and
WHEREAS, it is deemed to be the policy of this Board that sidewalk recon-
struction, replacement and repair work be borne, in part or in whole, by those
property owners whose properties front upon, along, or adjoin the right -of -way
area upon which the subject sidewalk repair, replacement or reconstruction work
-is undertaken, and it is deemed to be in the best interests of this Village that
it contract with such benefiting property owners through the establishment of
a voluntary sidewalk replacement and repair program to be available to all
property owners throughout the Village for the repair of such portions and sections
of sidewalk as are in need thereof with the cost to be equally shared between the
Village and the property owner or owners so benefiting, thereby by virtue of the
location of their property or properties with respect to said sidewalk improvement
as hereinabove set forth; and
WHEREAS, such program is'deemed to be a lawful exercise by the Village of
its Home Rule Power in performance of a necessary function pertaining to its
government and affairs.
I I
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS:
SECTION That Chapter 11 of the Municipal Code of Deerfield of
ONE: 1963, as amended, be and the same is hereby further
amended by adding thereto a new Article V entitled,
"Sidewalks," to read as follows:
"ARTICLE V - SIDEWALKS
11.501 Sidewalk Replacement and Repair Program.) There is hereby
established in this Village a voluntary sidewalk reconstruction,
replacement and repair program, for the purposes of providing for
sidewalk reconstruction, replacement and repair-and for the payment
of the cost thereof in equal portions by the Village and the owner
or owners of the properties which front upon such sidewalks or are
adjacent to the public right -of -way upon which such sidewalks are
located.
11.502 Administration of Program.) The Director of Public Works
shall administer the sidewalk reconstruction, replacement and repair
program. He shall determine which portions or sections of sidewalk
in the Village are in need of reconstruction, replacement or repair
under the program and shall establish the priorities for accomplishing
the same. He shall notify the owner or owners of properties fronting
upon a portion of sidewalk, or adjacent to the public right -of -way
whereon the sidewalk is located which is determined to be in need of
reconstruction, replacement or repair under the program, and shall
invite their participation. He shall maintain a list of all property
owners not electing to participate in the program, which list shall
be reviewed periodically for the purpose of determining whether the
institution of special taxation or special assessment proceedings is
appropriate.
A property owner may request to participate in the program and may
direct the attention of the Director of Public Works to the sidewalk
or portions thereof on which such owner's property fronts, or to the
adjacent public right -of -way whereon such sidewalk is located, for
determination as to the need for reconstruction, replacement or
repair thereof.
11.503 Implementation of Program:) When the Director has deter-
mined that there are sufficient portions and sections of sidewalk
requiring reconstruction, replacement or repair under the program,
he shall obtain cost estimates and shall notify each participating
property owner of his proportionate share of such cost and request
deposits of such amounts to be made with the Village Treasurer.
When such deposits have been made, the Director of Public Works
shall proceed to have the reconstruction, replacement or repair work
completed. Any excess in the amount of deposits over actual cost of
the work, shall be collected from each participant in the same pro -
rata manner.
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11.504 Emergency Sidewalk Repairs.) Nothing herein shall relieve
the Director of Public Works of his duty to see to the immediate
reconstruction, replacement or repair of sidewalk areas deemed
hazardous or unsafe for public use, nor shall election to
participate in the sidewalk reconstruction, replacement and repair
program by any property owner or owners prevent or otherwise limit
the Corporat Authorities of the Village from a determination to
construct, replace or repair any sidewalk or portion thereof by
means within their corporate powers."
SECTION That all ordinances and parts of ordinances in conflict
TWO: herewith are, to the extent of such conflict, hereby
repealed.
SECTION That the Village Clerk is hereby directed to publish
THREE this Ordinance iri'pamphlet form.
SECTION That should any section, provision, part or clause of
FOUR: this Ordinance and the Article added hereby be declared
by a court of competent jurisdiction to be invalid, such
decision shall not affect the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid.
SECTION That this Ordinance shall be in full force and effect
FIVE: from and after its passage, approval and publication as
provided by law.
AYES: Blumenthal, Gavin, Marty, Seidman, Swanson (5)
NAYS: None (0)
ABSENT: Stiehr (1)
PASSED this 16th day of . August A.D. 1976.
APPROVED this 16th day of
ATTEST:
• 7S,
VILLAGE CLERK
August ,-'A.D. 1976.
VIL GE PRES D pro .tem
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