(A) The Town Manager will receive requests for sidewalk replacement, inspect the affected property, determine the condition and need for replacement, and keep an up-to-date list of interested and eligible participants.
(B) The Town Manager will annually invite quotes from a minimum of three contractors on the replacement of eligible sidewalks. Only sidewalks in a residential zone or on lots used for a single family residence are eligible for this program.
(C) The Town Manager, along with the contractors, will inspect the requested sidewalk replacement locations, measure and mark the area to be replaced during a mandatory pre-quote conference. A sidewalk section may not be split. If any portion of a section is on the adjoining property, the complete section will be replaced as if it were the participant’s. The sidewalk program is intended to replace complete sidewalks. The replacement of only one or two sections is expensive, due to minimum charges, and is not encouraged by the town. This program is a replacement program. New sidewalks or first time sidewalks may be made eligible only by specific agreement of the Town Council.
(D) Town Council will receive said quotes and take same under advisement.
(E) The Town Council will direct the Town Manager to contact property owners affected by any sidewalk project, advising said property owners of the nature of the project, of the Town Council’s decision to go forward with same, of the approximate cost to said property owner, and of the availability of this program to said property owner. The property owner may then apply and, if accepted, shall be responsible for 75% of the cost of the project to the pro rata extent it affects the property owned by said applicant.
(F) Town Manager shall report findings to Council and recommend action.
(G) Council shall award project to the lowest responsive and responsible quoter.
(H) Within two weeks prior to the commencement of construction by the lowest responsive and responsible quoter, the participant shall submit payment of their 75% of the total of the projected project cost as concerns their real estate to the Clerk-Treasurer by check, cashier’s check or money order, payable to the contractor, unless prior to said time property owner has entered into an agreement with the town providing for a low interest loan to property owner for their share of the expense, repayable to the town in three annual payments. The initial interest charged for said agreement shall be 3%, but may from time to time be modified based upon the cost of money to the town. In any such case, the Clerk-Treasurer shall hold payments for the contractor until the work is completed and accepted by the town. Payment required hereunder may be delivered in person to the Town Hall, mailed to the Town Hall at 1201 North Townline Road, LaGrange, Indiana 46761, and any party wishing to become involved in the low interest loan program for said sidewalks, shall apply at the Town Hall through the Town Manager, and all of said process must be completed on or before two weeks prior to construction, or the moneys paid hereunder. Any party who fails to make and complete arrangements prior to said two-week period shall be deemed ineligible for said low interest loan. Loan documents shall be in the form attached and fully executed prior to said two-week period.
(I) A letter of approval will need to be obtained from the Clerk-Treasurer’s office.
(J) Handicap accessible sidewalks shall be installed, paying special attention to ramping at intersections, meeting ADA federal standards for slope and width.
(K) Replacement will be limited to a minimum width of four-foot sidewalks and a maximum width matching the existing sidewalk found on the property, running the length of the property in the public right-of-way.
(L) Any payment due and owing hereunder made more than 30 days after the date said payment is due, there shall be added to such payment a 10% penalty. The penalty shall be calculated by multiplying 0.10 times the amount of the payment that is made late. All costs of collection, including attorneys’ fees, shall be assessed against any late payment, and the real estate, as provided herein. If any payment is not made upon its due date, upon ten days’ advance written notice, all sums due and owing shall become a lien on the real estate and shall be collected as such lien, and may by affidavit tendered from the Town Clerk-Treasurer to the County Recorder and the County Auditor be placed upon the real estate tax roles of the county and assessed and collected as any other lien against the real estate of any such party, or pursuant to any note and mortgage executed hereunder.
(2014 Code, § E1.1(4))