O-72-08ORDINANCE NO. 0 -72- g
AN ORDINANCE TO ADD ARTICLE V ENTITLED
"SIDEWALKS" TO CHAPTER 11 OF THE MUNICIPAL
CODE OF THE VILLAGE OF DEERFIELD,' ILLINOIS
WHEREAS, the statutes of the State of Illinois authorize
municipalities, by ordinance, to provide for the construction,
replacement and repair of sidewalks and the payment thereof in
part or in whole from general tax revenues and in part or in whole
by special assessment or special taxation upon properties fronting
upon the line of such.sidewalks; and
WHEREAS, said special assessment or special taxation
proceedings require additional time and expense in the preparation
of an assessment roll and the levy and collection of the cost of such
improvement over a period of several years and result, generally, in
a substantially greater cost for such improvement than is the case
when payment is'made in cash from existing funds; and
WHEREAS, a large proportion of sidewalk reconstruction and
replacement and repair work in the Village of Deerfield has been
occasioned to isolated portions and small sections of sidewalk area
scattered throughout the Village, for which the time and expense of
conducting separate special assessment or special taxation proceed-
ings is not warranted; and
WHEREAS, it is deemed to be in the best interest of this
Village that a voluntary sidewalk replacement and repair program be
established to provide for the reconstruction, replacement and repair
of such portions and sections of sidewalk in need thereof with the
cost thereof to be equally shared between the Village and the owner
or owners of the property fronting upon said sidewalk sections.
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
ONE: of 1963, as amended, be and the same is hereby
further amenced 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 upon which such side-
walks front.
"11.502 Administration of Program.) The
Superintendent 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, 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 parti-
cipate 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
Superintendent of Public Works to the sidewalk or
portions thereof on which such owner's property
fronts, for determination as to the need for
reconstruction, replacement or repair thereof.
1111.503 Implementation of Program.) When the
Superintendent has determined 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
Superintendent 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 refunded
pro -rata to the participants; any deficiency in
the amount of such deposits, as related to the
actual cost of the work, shall be collected from
each participant in the same pro -rata manner.
"11.504 Emergency Sidewalk Repairs.) Nothing
herein shall relieve the Superintendent of Public
Works of his duty to see to the immediate recon-
struction, 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 Corporate Authorities of the Village
from a determination to construct, replace or
repair any sidewalk or portion thereof by means
of special assessment, special taxation or by any
other means within their corporate powers."
Q all.
C SECTION That thI& Ordinancesand parts of ordinances in
.TWO: conflict herewith are, to the extent of such
conflict, hereby repealed.
SECTION That this Ordinance shall be in full force and
.THREE: effect from and after its passage and approval
as provide law.
AYES: FOUR (4)
NAYS: NONE (0)
ABSENT: TWO (2 )
PASSED this 22nd day of....... February A.D. 1972.
APPROVED this 22nd day of February A.D. 1972.
ILLAGE PRESIDENT
ATTEST:
VILLAGE CLERK