(A) The Council declares the necessity to undertake a program for the construction, repair or removal of sidewalks, curbs and gutters, driveway aprons, trees and stumps, and miscellaneous items within the public right-of-way, which may have become damaged or defective, located with the Municipality of New Lebanon, as set forth in Exhibit “A” attached to Resolution 99-07. The construction, repair or removal shall be in accordance with the plans, specifications, estimates and profiles of the proposed improvements which shall be on file in the office of the Director of Finance and Records by March 16, 1999, and open to inspection by any and all interested persons. The preparation of such plans, specifications, estimates and profiles are hereby specifically authorized by the Council.
(B) The owners of all lots and lands bounding and abutting on the sidewalks, curbs, and gutters, trees and stumps, and miscellaneous items within the public right-of-way, to be constructed, repaired or removed; shall construct, repair, or remove in accordance with the plans and specifications, estimates, and profiles of the proposed improvements to be on file prior to March 16, 1999, the portions of such sidewalks, curbs and gutters, trees and stumps, and miscellaneous items within the public right-of-way abutting on their respective properties within a period of 30 days after service of notice of passage of this section. If such repair shall not be completed within such period of 30 days, then Council shall have the same done and the entire cost thereof shall be assessed upon the property of each defaulting owner and lien thereon, to be collected in the manner provided by law, in five annual installments with the penalty, fees and interest as provided by law.
(C) In declaring official intent and reasonable expectations:
(1) The municipality declares that it reasonably expects that the cost of the improvements described in subsection (1), which will be paid prior to the issuance of any bonds or notes intended to fund such costs, will be reimbursed with the proceeds of bonds or notes, representing a borrowing by the issuer in the estimated maximum principal amount, for such reimbursement, of $79,517;
(2) The costs to be reimbursed are the costs of the municipality's 1999 Sidewalk, Curb, and Gutter Repair Program;
(3) The municipality does not expect any other funds (including money advanced to pay the costs that are to be reimbursed), to be reserved, allocated on a long-term basis, or otherwise set aside by the municipality or any other entity, with respect to such cost for the purposes described in subsection (2).
(D) The Municipal Manager is directed to cause a written notice of the passage of this section to be served as required by law. For this purpose, the Municipal Manager may designate members of appropriate administrative departments of the municipality to serve notices.
(E) The Clerk of Council is directed to certify a copy of this section to the County Auditor's Office so that it can be placed on file for public inspection.
(Res. 99-07, passed 3-16-99)