§ 91.46 CURB, GUTTER AND SIDEWALK REPLACEMENT AGREEMENT.
   (A)   In order to encourage and support the integrity of the existing infrastructure facilities within the city rights-of-way, the city will provide assistance to the property owner in the reconstruction of curb, gutter, and/or sidewalks. This reconstruction work shall commence upon execution of an agreement between the city, and the property owner, whereas, the city shall be responsible for the actual construction work necessary to replace and/or repair curbs, gutters, and/or sidewalks.
   (B)   The purpose of this assistance by the city shall be to replace existing curbs, gutters and/or sidewalks located in the right-of-way that are in need of repair and not for the purpose of construction of new curbs, gutters, and/or sidewalks or construction of same on private property or reconstruction of same for cosmetic purposes only. Curbs, gutters, and/or sidewalks damaged by property owners or replaced for the convenience of the owner shall be the sole responsibility of the property owner. The city shall be the sole judge as to which curbs, gutter, and/or sidewalks are in need of replacement and/or repair under this replacement program.
   (C)   The city shall be the interpreter of this replacement subchapter, and any questions or unusual circumstances which might arise regarding this chapter shall be resolved by the city.
(Ord. 96-33, passed - -96; Am. Ord. 14-04, passed 8-5-14)