Smyrna times., 1951-05-24
AN ORDINANCE
Regulating the Laying of
Sidewalks, Curbs and Cutters
and the Repairs to Same.

Be it Ordained. by the Town Council of
the Town of Smyrna, the municipal gov
erning body of the Town of Smyrna that
IN respect to leveling, grading, tagging, or
re-fiagging. curb. or re-curbing, guttering
and re-guttering, paving or re-paving the
sidewalks. crosswalks and cutters of the
Town of Smyrna, the expenses thereof
shall be borne by the owner of the property
abutting upon such pavement, curb or gut
ter and the Town Council of the Town of
smyrna shall have the authority to specify
the manner of performance and the mater
lals to be used in the leveling, grading,
tagging or re-hagging, curb or re-curbing
lor gutterlng or re-guttering, paving or re-
paving of the same.
Before any such owner shall be required
70 lay out pavement, curb or gutter, or
either or both. written petition of five or
more substantial freeholders of the Town
of Smyrna directed towards that end shall
first have been received or obtained by the
Town Council.
Upon the receipt of such petition. the
Town Council shall direct the Secretary TO
forward written notice to the owner or
owners of any house or lands, along, in.
front of. or adjoining which they deem
proper that a pavement shall be laid or a
curb or gutter constructed, or both. Such
notice shall specify to the owner any rules
or regulations adopted by the Town Council
in respect to the laying thereof of the ma
terials to be used in the doing of such
work.
Should the owner neglect or refuse to
comply with said notice for the space of
sixty (60) days, the Town Council shall
issue a warrant in the name of the Town
of Smyrna, under the hand of its Mayor,
who shall affiX thereto corporate seal, at
tested by the Secretary. and directed to the
Town Manager. commanding him forthwith
to do the work as specified in the above
lnotice to the owner or owners. Whereupon
lithe Town Manager to whom the said war;
rant shall have been directed, shall forth
with proceed to lay such pavement, or con-
struct eurbs or cutters, or either, or both,
as directed in the warrant. To that end
he shall have full power and authority to
enter into any premises or lands in the
Town of Smyrna to take with him such
assistance. materials, implements, trucks,
or other things as may be necessary or
proper to perform the work specified in the
warrant. At the next regular meeting OF
the Town Council, thirty (90) days after
delivery of the warrant to the Town Man
ager. he shall make a return thereon which
shall include an itemized statement of all
costs incurred by him in the performance
of the necessary work and labor attendant
ithereunto.
From the return of the Town Manager.
1.-THE Town Council shall determine the
amount due the Town by reason of the
work done and shall issue a warrant there
on, directed to the Town Manager, which
shall contain the amount to be by him col
llected and the person or persons from
whom it shall by him be collected and conf
Ianandng him forthwith to collect the same
from the person or persons so specified in
the warrant.
Immediately upon the receipt of such
warrant. the Town Manager shall forward
a true and exact copy of the same to the
person or persons specified therein as ow-
ling the Town of Smyrna the amount speci-
fled as due thereon. Such true and exact
copy of the warrant shall be enclosed in q
sealed wrapper, addressed to the last and
best known Postoffice address of the person
or persons by the mails of the United
States.
If the amount specified as due the Town
of Smyrna shall not have been paid to the
Town Manager for the use of the Town
within thirty 1907 days from the date OF
the mailing of such true and exact copy OF
the warrant, the Town Manager shall then
be authorized and required to collect the
same in any manner as is set forth in the
Charter of the Town of Smyrna for the
collection of taxes on real estate.
The provisions contained in this Ordln-
ance shall also apply to the repair or re-
paving of any sidewalk. curb or gutter
provided, however, that in the case of the
lkepair and repaving of any sidewalk, curb,
lor gutter heretofore laid or paved, it shall
imot be necessary that written petition to
that end. signed by five or more substantial
freeholders. be presented to the Town
Council.