(a) The village manager is hereby authorized to enter into agreements for the provision of certain maintenance services upon private streets within the village. No such agreement may be entered into unless:
(1) A petition is filed with the village manager by one or more owners of record of at least a majority of the lots abutting or otherwise having legal access rights on or upon a private street for which maintenance services are requested; and
(2) The village manager determines after reviewing the petition that the village is capable of providing the requested maintenance services without adversely impacting the general health, safety and welfare of the village and its residents. The village manager shall have discretion to determine the scope of the maintenance services to be offered and the manner and terms under which such maintenance services shall be provided.
(b) Upon the village manager determining that maintenance services can be provided to a private roadway as set forth in subsection 30-71A(a) of this section, the village manager may enter into an agreement for the provision of specific maintenance services for a private roadway, provided that:
(1) The agreement has been executed by one or more owners of record of at least a majority of the lots abutting or otherwise having legal access rights on or upon the private street that is the subject of the agreement;
(2) The charge for the maintenance services shall reasonably reflect the actual cost (including all overhead expenses) of providing the service as determined by the village manager;
(3) The village shall be released from all claims of damage to person or property resulting from the maintenance services;
(4) The owners requesting the maintenance services shall agree to indemnify the village from any claims of liability arising from the maintenance services; and
(5) Such other terms and conditions as determined by the village manager.
(c) No agreement entered into pursuant to this section shall be for a period in excess of 12 months.
(Ord. No. 2010-19-3277)