(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALLEYWAY. An area of land owned and maintained by the Town of Kenly and designated as an alleyway on official town maps by the Town Council. ALLEYWAYS as used herein shall be limited to those areas between streets and shall include the entire portion of the areas from existing paved streets to other existing paved streets, except in those cases in which the alleyway terminates at some point other than a paved street.
APPLICANT. Property owner or occupant of property abutting an alleyway.
ENGINEERING FEES. To include, but not be limited to, cost of surveying, preparation and review of bid documents, and supervision of all engineering work.
TOTAL COST OF THE PROJECT. Shall include, but not be limited to, engineering fees, legal fees, labor, materials, and equipment necessary for the paving of alleys hereunder.
(B) (1) It is hereby ordained that the Town Council of the Town of Kenly establish a policy for paving unpaved alleyways within the town limits of the Town of Kenly upon the terms and conditions as set forth herein.
(2) Any person desiring that an alleyway be paved shall comply with the terms and procedures set forth in this section.
(C) Any applicant desiring paving of an alleyway within the Town of Kenly shall apply for the town to pave the alleyway. The applicant or applicants shall certify, upon a form approved by the Town Attorney, that 50% of the total project cost of paving will be deposited with the Town of Kenly prior to the commencement of any paving work.
(D) (1) Upon the receipt of an application and certification as set forth in division (C) above, the Town Council of the Town of Kenly shall ascertain whether the following conditions exist:
(a) Whether the subject alleyway is officially designated on the official town records;
(b) Whether the alleyway is an open alleyway;
(c) Whether there are funds available for the cost of the project, or whether funds can be budgeted to cover the cost of the project; and/or
(d) Whether the certification required in division (C) above has been presented to the town and is in proper form.
(2) If all the above conditions are met, then the Town Council shall direct the Town Manager to begin the process to obtain bids for the paving of the alleyway. The Town of Kenly shall prepare these specifications and bids in accordance with generally accepted engineering practice and applicable state laws.
(E) Upon the receipt of bids for the paving of the alleyway and after the selection of a contractor to perform the project work, the Town Council shall direct the applicant or applicants to deposit with the Town of Kenly 50% of the total project cost as defined herein. No action of any type, including engineering, shall commence on the project until the time as the deposit required herein has been made.
(F) The Town of Kenly may, in its discretion, include the paving project for the alleyway with any other paving project, or may bid the paving project at the same time as other paving projects.
(G) All the paving performed pursuant to this section shall be done in accordance with town specifications as set forth by the Town Engineer. The town hereby specifically reserves the right to open and/or close alleyways in accordance with established policy and upon the terms and conditions as the town may deem necessary and proper. The town shall comply with the laws of the State of North Carolina pertaining to bidding as shall apply to each particular application hereunder.
(Ord. 89, passed 2-10-1986) Penalty, see § 90.99