It shall be unlawful for any person to cut or destroy any curb, gutter, or paving within the corporate limits of the Town without first filing with the Town Clerk-Treasurer:
[HISTORY: Adopted by the Town Council of the Town of Tatum as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 15 of the 1984 Code]
Upon application and the filing of the required plat and the required forfeiture deposit, the governing body, at the next meeting, will consider the merits of said application and shall thereupon decide by its customary voting procedure whether to approve or disapprove said application. The governing body's determination as entered in the minutes of said meeting will be final and binding upon the applicant. In the event the application is disapproved, all but $5 of the funds deposited by the applicant will be returned, which $5 will remain as payment for the application and processing.
Each applicant whose request for cutting or destroying said curbs, gutters and pavement is approved by the governing body shall restore the same to their original condition in a manner acceptable to the governing body. In the event such are not so restored, the forfeiture deposit shall become the property of the Town; and the applicant and depositor shall have no right to nor claim against the Town for reimbursement thereof, regardless of the actual cost or expense by the Town necessary to make such restoration.
The determination of the forfeiture deposit shall be made on the basis of the prevailing cost of material and labor to replace such curb, gutter or paving.
Any person violating any of the provisions of this article shall be guilty of a misdemeanor.