VILLAGE OF CAPITAN
ORDINANCE 2008-____
AN ORDINANCE THAT WILL REVISE PUBLIC WAYS AND PROPERTY


WHEREAS, The Village of Capitan is a New Mexico municipality; and

WHEREAS, The Governing Body of the Village of Capitan is charged with making laws to insure the efficient operation of the Village; and

WHEREAS, The Governing Body of the Village of Capitan acted in regular session on October 7, 2008 to approve the replacement of Title 7 – Public Ways and Property, Chapter 1, Section 7-1-2 with the following:

Section 7-1-2:  Curb Cuts to Existing Curbs:
B.   Request Procedure:  An owner of real property may request a curb cut to      provide access to that property through the following procedure:

1.    The property owner/representative shall contact the Village Street Department Supervisor at the Village Hall.  The supervisor and property owner/ representative will go to the site and decided what work will be needed to be done to provide access to the property.


2.    The street supervisor will prepare an estimate of the work to be done   and contact the owner/representative of the property for approval to do the work.  The cost of the curb cut will cover the price of the needed materials and the labor to do the curb cuts.  If the estimate is accepted by the property owner/representative, the fees will be paid in full and a work order will be issued to the Street Department to do the curb cuts.

3.    The property owner/representative, at his sole expense, may hire a licensed contractor to saw-cut the existing curb and re-pour to State Highway Specifications Section 609.  The property owner will contact the village street department supervisor for approval before commencing the work. Upon completion of the curb cut and re-pour, the Village Street Supervisor shall perform a final inspection to determine if the work complies with State Highway Specifications Section 609.  If the Village Street Supervisor determines that the curb cut and re-pour do not comply with State Highway Specifications Section 609, the owner of the real property shall bring the curb cut and re-pour into compliance with those specifications before the property may be used.

Village of Capitan
Ordinance 2008-____
An Ordinance that will revise Public Ways and Property
Page 2 of 2


NOW THEREFORE, be it ordained by the Governing Body of the Village of Capitan to replace the existing Title 7 – Public Ways and Property, Chapter 1 Section 7-1-2 of the Municipal Code with the above Curb Cuts to Existing Curbs.


PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF OCTOBER, 2008.


                        _____________________________________
                        Sammy Hammons, Mayor


(SEAL)
ATTEST:


____________________________________
Kay Strickland, Village Clerk