Ordinance No. 1075

WHEREAS, the Town Council of the Town (the "Town Council") deems it important to protect public safety and welfare and enhance the environment for the residents of the Town of Speedway, Indiana (the "Town"); and

WHEREAS, the Town Council desires to establish a Sidewalk Replacement Program for residents of the Town in order to accomplish such goal; and

WHEREAS, the Sidewalk Replacement Program will enable a resident of the Town to request work to be performed upon a public sidewalk within the Town; and

WHEREAS, the purpose of the Sidewalk Replacement Program is to protect public safety and welfare and enhance the environment for the residents of the Town.

NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Speedway, Indiana that Chapter 12.10 of the Speedway Municipal Code is added to read as follows:

"Chapter 12.10 Sidewalk Replacement Program.

12.10.010 Purpose and Intent. It is hereby declared to be the purpose of this chapter to protect public safety and welfare and enhance the environment for the residents of the Town.

12.10.020 Definitions. For the purpose of this chapter, the following terms shall have the following meanings.

1. "Clerk-Treasurer" means the Clerk-Treasurer of the Town of Speedway, Indiana.

2. "President" means the President of the Town Council of the Town of Speedway, Indiana.

3. "Review Committee" means the Street Commissioner, Town Manager, and President.

4. "Street Commissioner" means the Street Commissioner of the Town of Speedway, Indiana Street Department.

5. "Town" means the Town of Speedway, Indiana.

6. "Town Council" means the Town Council of the Town of Speedway, Indiana.

7. "Town Manager" means the Town Manager of the Town of Speedway, Indiana.

12.10.030 Request for Sidewalk Replacement.

1. A resident of the Town shall submit a request for the repair and/or replacement of a sidewalk within the Town to the Town Manager. The request shall be submitted on a Sidewalk Replacement form, as provided by the Town Manager. The Request for Sidewalk Replacement form shall then be presented to the Review Committee.

2. The Review Committee shall establish a schedule for reviewing requested sidewalk improvements and provide public notice of the schedule. The Review Committee shall review all Requests for Sidewalk Replacement at least bi-annually and render a recommendation, including prioritization, as to the sidewalks to be repaired and/or replaced, to the Street Department of the Town. Any request for a repair of a sidewalk posing a public safety danger may be reviewed at any time.

3. The Review Committee shall base its recommendation on various factors, including but not limited to the following: (i) the threat to public safety posed by the condition of the sidewalk; (ii) the condition of the sidewalk; (iii) the age of the sidewalk, and (iv) the location of the sidewalk. The Street Commissioner, based upon the Review Committee's recommendation, shall approve the sidewalks to be repaired and/or replaced.

12.10.040 Appeals Process.

1. A resident of the Town may request in writing, within ten (10) days after notification of the approved sidewalks to be repaired, an informal hearing before the Review Committee to dispute the list of approved sidewalks to be repaired.

2. The written request must be filed with the Town Manager. Upon receipt of a hearing request, the Review Committee shall hold such hearing and review various factors, including but not limited to the following: (i) the threat to public safety posed by the condition of the sidewalk; (ii) the condition of the sidewalk; (iii) the age of the sidewalk, and (iv) the location of the sidewalk.

3. The hearing shall be conducted by the Review Committee. After such hearing, there shall be a determination of whether there is a need to revise the list of the approved sidewalks to be repaired and the resident of the Town shall be notified. The decision of the Review Committee shall be final.

12.10.050 Funding and Appropriation.

1. Repairs and/or replacements made to the sidewalks approved by the Review Committee and Street Commissioner shall be paid from available appropriations for payment of sidewalk improvements.

2. The Town Council may appropriate those funds which the Town Council determines are available for sidewalk repairs and maintenance.

3. Appropriations may be made from the Local Street Fund or any other available funds.

12.10.060 Repeal of Prior Resolutions and Ordinances. Resolution No. 1991-8 and all prior ordinances and resolutions, insofar as they are in conflict herewith, are hereby repealed.

12.10.070 Effective Date. The effective date of the Sidewalk Replacement Program shall be as of January 1, 2007."