The Board of Trustees may upon petition to 25 owners of real
property within the Village, whose names appear upon the last approved
assessment roll, cause maps and plans and specifications to be made
for sidewalks to be located in a sidewalk district within the Village,
provided that suitable maps and plans are not available, and in addition
shall prepare a suitable plan for financing in the district.
With these plans as a basis, persons owning real property in
the proposed sidewalk district in the Village to the amount of more
than 1/2 in value of the taxable real property within the proposed
sidewalk district as appears by the last preceding completed assessment
roll may petition the Board of Trustees of such Village for the establishment
of a sidewalk district within the Village.
A. The petition must state the maximum amount proposed to be expended
in the construction of such sidewalk system and there shall be attached
thereto a map showing the boundaries of the district and location
of the said proposed sidewalk or sidewalks.
B. Each petitioner shall state opposite his name the assessed valuation
of the real property owned by him in such district according to the
last preceding completed assessment roll.
C. The execution of the petition by a property owner shall be acknowledged
by him, or it may be proven by the oath of a witness who shall swear
that he knows the property owner, and that the petition was signed
by the property owner and that the petition was signed by the property
owner in the presence of
a witness.
D. The petition may be in the form of separate sheets, each sheet containing
at the top thereof the complete wording of the petition, and when
bound together and offered for filing, these shall be deemed to constitute
one petition.
On receipt of such petition, the Board of Trustees shall hold
a public hearing before taking any action on the petition, at which
time full opportunity to be heard shall be granted to all officials,
residents, voters, taxpayers, property owners or other persons or
corporations in any way affected by the granting, modification or
denial of the petition. Notice of the time, place and purpose of such
hearing, containing a description of the district and extent of the
proposed sidewalk system, shall be given by such board by posting
such notice in two of the most public places within the Village at
least seven days prior thereto and by publishing a notice in the official
newspaper once seven days immediately preceding the hearing.
After a hearing held in accordance with this notice and upon
the evidence given thereat, the Board of Trustees shall determine
whether it is in the public interest to grant the petition, modify
it or deny the relief sought.
A. During a period of 30 days following the Board action said determination
shall be subject to review, in the manner provided by Article 78 of
the Civil Practice Law and Rules upon a petition of any interested
person. The petitioner shall give an undertaking, approved by the
Supreme Court as to form, amount and sufficiency of sureties, that
in event of failure to modify said final determination or order he
or they will pay to the Village all such costs and expenses as are
incurred by it or him on account of the said proceedings as shall
be determined by the court. In the event that upon such review there
shall be any modification by the court of said final determination
or order, the court shall direct the modification thereof by judgement
which shall be final and conclusive.
B. At the expiration of the thirty-day period during which the Board's
action is subject to review, the Board of Trustees may, in conformity
with its final determination or the judgement as the case may be,
construct such system in accordance with the approved plans. But no
such system shall be constructed if the expense thereof shall exceed
the amount set forth in the petition, unless a further petition be
presented to such board in the same form and executed in the same
manner as herein provided, requesting that such system, shall be constructed
for such amount.
The cost of constructing such system shall be assessed from
year to year by the Board of Trustees upon the lands within the district
in proportion as nearly as may be to the benefit which each lot or
parcel will derive therefrom. This assessment shall be prepared at
the same time and in the same manner as the Village assessment roll
and be subject to the same appeal. In addition to the cost of construction,
the Board of Trustees shall also have authority to provide for the
maintenance or repair of any or all of the said sidewalk system.
The Board of Trustees may require the said sidewalks to be constructed,
maintained, or repaired solely at the expense of the property owners
in the district or the Village may share a part of the expense of
such construction, repair or maintenance.