[Adopted 12-17-1979 by Ord. No. 714]
A.
The Public Works Department of the City of Gardner is hereby authorized
to make temporary repairs on private ways which have been opened to
public use for six years or more only upon the following terms and
conditions:
(1)
A petition signed by the abutters of no less than 50% of the linear
footage of such way must be forwarded to the Director of Public Works
requesting such repairs.
(2)
The Director of Public Works must be satisfied that the repairs requested
are required by public necessity.
(3)
Such repairs shall be limited only to the filling in of holes and
depressions with sand, gravel, cinders or other suitable materials
and shall not include construction, reconstruction, drainage or resurfacing
of such ways.
(4)
The City shall be held harmless on account of any damages whatever
caused by such repairs by agreement executed by the abutters who petitioned
therefor.
(5)
Any repairs made hereunder shall not have the effect of making MGL
c. 84, § 25 applicable to such ways.
