(A) (1) Whenever the Board of Trustees shall receive a petition in writing, executed by the owners of more than ½ of the front feet of property abutting upon any highway or portion thereof proposed to be improved, requesting it to order the improvements of the highway or part thereof therein described, the Board of Trustees shall pass a resolution ordering the improvement made in conformity with the petition and the passage of the resolution shall be conclusive of the public necessity therefor. The resolution shall in general terms set forth the nature and extent of the improvements to be made, the section or sections of any public highway or highways to be improved and the materials or material with which the improvements are to be constructed and the manner in which the cost thereof is to be discharged. The resolution may specify alternative materials of which the improvements may be constructed, at the option of the Board of Trustees, and different and alternative plans and methods of construction and paying for same unless the petitioners have specified in their original petition a particular kind of paving or improvements, in which event the Board of Trustees shall be limited to the kind of improvement so specified.
(2) Upon the passage of the resolutions, it shall be the duty of the Town Engineer, or an engineer as may be designated by the Board of Trustees, to forthwith prepare specifications for the construction specified in the resolution. The specifications shall be submitted to and approved by the Board of Trustees. When the specifications have been approved, it shall be the duty of the Town Clerk- Treasurer, or the officer as may be designated by the Board of Trustees, to at once advertise for sealed bids for the performing of the work in accordance with the specifications. The advertisement shall be published in some newspaper of general circulation in the town not less than 10 days prior to the date mentioned therein for the opening of bids. The Board of Trustees shall have the right to accept the most advantageous bid or bids to the town and owners of property abutting the proposed improvements. No bid shall be amended or changed after being opened by the Board of Trustees.
(B) When the bid or bids shall have been accepted, the town shall enter into a written contract with the successful bidder or bidders for the performance of the work, which shall be executed by the Mayor, or the other officer as may be designated by the Board of Trustees, and attested with the corporate seal by the Town Clerk-Treasurer, or other officer as may be designated by the Board of Trustees. The bidder or bidders may be required to enter into bond for the performance of the work, or maintenance and repair thereof, for the period of time as may be determined by the Board of Trustees from completion, in case the materials, methods or plans of construction employed therein shall prove defective.
(C) The contract and bond, if any, having been approved by the Board of Trustees shall be the duty of the Town Engineer, or engineer as may be designated by the Board of Trustees, to prepare and file with the Board of Trustees a statement containing the name of the person, firm, corporation or estate owning the property abutting on the proposed improvements and describing each parcel by lot or block number, number of front feet or otherwise, so as to sufficiently identify the same. The statement shall contain the estimated cost and expense of the improvement; the boundaries of the assessment district, if any, to be formed, the route of the improvement by streets, alleys or otherwise, the place of commencement and ending of the proposed improvements, a description of the property to be affected belonging to the owners to be served and the amount of the assessment against the property with a statement of set-offs, if any. The Board of Trustees shall examine the statement and after correcting any errors therein, approve the same, but no error, mistake or omission shall invalidate the same or any assessment made thereunder. After approving the statement, if it is fully determined to assess a part or all of the costs of the improvement against property owners and their property, the Board of Trustees shall so declare by resolution, ordering a hearing to be given to owners of the abutting property and notice thereof, and the notice shall be given and the hearing held in compliance with the provisions of the Act of the Second Session of the First Legislature approved on March 11, 1913 set out above.
(D) After the hearing has been closed, the Board of Trustees shall from the evidence before it, determine the amounts, if any, to be assessed against each owner and his or her property, and shall by ordinance, assess the same against the property of each owner and declare the amount so assessed to be a personal liability of its owner as provided by the act of the legislature. The total amount to be assessed against the owners and their property shall be proportioned among them in accordance with the front feet plan or rule, in proportion as the frontage of each owner is to the whole frontage to be improved; provided that if the application of this rule shall, in the opinion of the Board of Trustees, be unjust or unequal, or result in individual cases, in an assessment in excess of special benefits received from the improvements, then the Board of Trustees shall adopt the rule of apportionment as shall effect a substantial equality and uniformity between the owners, considering benefits received by and burdens imposed upon them are their property.
(Ord. 68, passed 1- -1914)