Article 4. Curb and Gutter

Article 4. Curb and Gutter

§8-401    CURB AND GUTTER; IMPROVEMENTS.  When curb and gutter improvements shall be authorized and ordered according to law, the cost of such improvements shall be paid by the Municipality.  The Governing Body is hereby authorized to assess such improvements, issue improvement bonds, and levy and collect a special tax from the abutting and adjacent property owners specially benefitted, in the manner provided by law for the payment thereof.

§8-402    CURB AND GUTTER; CUTTING CURB.  It shall be unlawful for any person to cut into any paving, curb, or sidewalk for any purpose whatsoever without first having obtained a written permit from the Governing Body therefor.  Before any person shall obtain the permit, such person shall inform the Municipal Clerk of the place where such cutting is to be done, and it shall be the Municipal Engineer's  duty to inspect the place of entry into the paving, sidewalk, or curb, before the same is cut.  When cutting into any paving, it shall be the duty of the party to cut the paving under such rules and regulations as may be prescribed by the Municipal Engineer; Provided, that all such cuts shall be "saw cuts" unless the applicant secured written permission to use another method from the Municipal Engineer.  When the person is ready to close the opening made, he shall inform the Engineer, who shall supervise and inspect the materials used and the work done in such closing.  It shall be discretionary with the Governing Body to order the Municipal Engineer to do the work of cutting and closing the paving and charge the costs thereof to the party who obtained such permit.  The Governing Body may consent to the work of cutting and closing the paving to be done by the party holding such permit.  Before any permit is issued by the Governing Body, the applicant for such permit shall deposit with the Municipal Treasurer a sum set by resolution of the Governing Body for all paving, curb, or sidewalk to be cut.  Such sum shall be computed on a per square foot construction basis.  The deposit shall be retained by the Municipality for the purpose of replacing the paving, curb, or sidewalk, in case the work is done by the Municipality.  In the event the Municipality elects to require the applicant to replace the paving, curb, or sidewalk, the deposit shall be retained by the Municipality until the work is completed to the satisfaction of the Municipal Engineer.  No permit shall be granted unless the applicant shall in addition to all other requirements, agree in writing to the following conditions: 

A.   The applicant will, if requested by the Municipality, promptly replace and repair each and every place cut into any pavement, curb, or sidewalk under such rules as may be prescribed by the Municipal Engineer as approved by the Governing Body, and leave the same in as good a condition as before the same was cut.   B. That the applicant will promptly compensate the Municipality for all work done by the Municipality in replacing or repairing any places cut in the pavement, curb, or sidewalk by the applicant. 

C.   That the applicant will obey all laws of the Municipality in doing such work and will save the Municipality harmless from any damages which may occur as the result of either cutting or repairing the pavement, curb, or sidewalk.

D.   That the applicant will maintain and keep in repair the place where the pavement, curb, or sidewalk is cut to the satisfaction of the  Municipality and its officers for a period of one (1) year after the completion of the work. (Ref.  17-567 RS Neb.)

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