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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. -2- ..u..M .. 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 -3-