[HISTORY: Adopted Liberty Village Board 1-6-1947.]
Any person or persons owning real property abutting
on any street in the Village of Liberty may apply to the Board of
Trustees on forms provided by the Village for consent to construct
curb and gutters on the street line abutting such real property. Whenever
consent thereto has been granted by the Board of Trustees, by resolution
duly adopted, said property owner may cause such curb and gutter to
be constructed and shall pay and discharge all expenses for labor
and materials therefor, and shall present to the Board of Trustees
evidence of the expense therefor and proof that payment in full has
been made by said property owners. The resolution of the Board of
Trustees granting consent for the construction of said curb and gutter
shall state the number of feet of curb and gutter to be constructed,
the amount that the Village agrees to reimburse such property owner,
and shall further state the terms of reimbursement. Such reimbursement
shall be made in equal annual installments over the period of time
specified in the resolution. In the event of a sale or change of ownership
of real property in front of which said curb and gutter is so constructed,
the claim for such indebtedness, or the unpaid balance, may be assigned
to the succeeding title owner or owners, by written assignment properly
signed and acknowledged and filed with the Village Clerk, but said
claim may not be assigned to any other person or persons. In all cases
where such consent is granted as herein specified, the construction
of said curb and gutter shall be under the supervision of the Superintendent
of Public Works of the Village, who shall regulate and prescribe the
grade, location, dimensions, materials, construction and other specifications
for such work. Before any reimbursement is made to any such property
owner, the Superintendent of Public Works shall inspect the completed
work and certify in writing that said work and materials were furnished
in accordance with his specifications and that such work and materials
are satisfactory. The granting of a consent for such work by the Board
of Trustees of the Village of Liberty, as herein specified, shall
be wholly discretionary with said Board. In the exercise of such discretion
the Board of Trustees shall take into consideration the type and locality
of said street in respect to travel thereon and the number of persons
living thereon. Streets subject to heavy traffic and streets along
which building has expanded shall be favored over streets not generally
traveled or sparsely settled by buildings and improvements. The Board
shall also take into consideration the extent of curb and gutter already
constructed and the likelihood of further construction of curb and
gutter on said street and whether the proposed curb and gutter will
be contiguous to existing curb and gutter.
The terms of reimbursement specified in the
resolution granting consent shall not limit the Village in any way,
and the Village of Liberty shall have the right to increase the installments
or pay the full balance of any such claim at any time. All such claims
for reimbursement by the Village shall be without interest.
Nothing herein contained is intended to limit
the exclusive control of the Village of Liberty over the supervision
and construction of curbs and gutters in the streets of the Village
of Liberty.
The Board of Trustees, in granting such consent,
may impose the condition that the property owner at the same time
construct a sidewalk at the property owner's expense without reimbursement,
and state the specification of location, grade, work and materials
of such sidewalk or impose such other terms and conditions which to
the Board seem proper.
