HomeMy WebLinkAbout12 11 1990 Ord. 349PROOF OF PUBLICATION
STATE OF IDAHO
ss.
County of Bannock
ORDINANCE NO. 349
CITY OF CHUBBUCK, IDAHO
AN ORDINANCE OF THE CITY OF
CHUBBUCK, IDAHO, ADDING CHAP-
TER 8.28 TO PROVIDE FOR THE
CONSTRUCTION OF SIDEWALKS
AND CURBS; TO PROVIDE FOR THE
ASSESSMENT OF THE COST OF
CONSTRUCTION AGAINST THE
PROPERTY OWNER; REPEALING
PRIOR CONFLICTING ORDINANCES;
PROVIDING FOR THE SEVERABILITY
OF THE PROVISIONS OF THIS ORDI-
NANCE; AND PROVIDING WHEN THIS
ORDINANCE SHALL BECOME EFFEC-
TIVE.
BE IT ORDAINED BY THE MAYOR
AND COUNCIL OF THE CITY OF
CHUBBUCK, IDAHO:
Section 1. Intent. Idaho Code Section
50-316 grants broad power to cities to
provide for the construction repair or
removal of sidewalks. The City has a
need for the construction or repair of
sidewalks and curbs in certain areas.
Section 2. Addition of Chapter 8.28.
There shall be added to the Chubbuck
Municipal Code, the following Chapter
8.28:
Sections:
8.28.010 Definitions.
8.28.020 Specifications for Burps and
sidewalks.
8.28.030 Owner's duty to construct, re-
pair or replace curbs and sidewalks.
8.28.040 City's ability to require con-
struction, repair or replacement of curbs
and sidewalks.
8.28.010 Definitions. For the purposes
of this chapter, these words are defined
as follows:
A. "Curb" means a raised edging along
a sidewalk which separates the street
surface from the sidewalk, usually con-
structed of concrete. The curb may in-
clude a gutter, in which case the curb
and gutter casting is considered a curb
for purposes of this chapter.
B. ' Sidewalk" means that area of public
right-of-way between the back of the
curbline and the private property line,
along any public street or alley, with or
without an existing concrete structure
thereon. The sidewalk includes any
driveway approach.
8.28.020 specifications for curbs and
sidewalks. The specifications in the Id-
aho Standards for Public Works Con-
struction, as amended, shall govern all
construction and/or repair of curbs and
sidewalks within the municipality.
8.28.030 Owner's duty to construct, re-
pair or replace curbs and sidewalks. It
is the duty of the person owning or
having control of real property along or
abutting any curb or sidewalk, to con-
struct, repair or replace the curb or
sidewalk so as to provide safe, all-
weather passage for pedestrians, and
to provide adequate street drainage and
pavement protection, for the safety and
convenience of the traveling public.
8.28.040 City's ability to require con-
struction, repair or replacement of curbs
and sidewalks. If the city council finds
that curbs or sidewalks are dangerous
and unsafe, requiring construction, re-
pair or replacement thereof, the council
may, at its option:
A. Serve a written notice on the owner
or person in control of the real orooerty
being first duly sworn on oath deposes and says: That she
was at all times herein mentioned a citizen of the United States of Ameri-
ca, more than 21 years of age, and the Principal Clerk of THE IDAHO
STATE JOURNAL, a daily newspaper, printed and published at Pocatello,
Bannock County, Idaho, and having a general circulation therein.
That the document or notice, a true copy of which is attached, was
published in the said IDAHO STATE JOURNAL, on the following dates,
to -wit:
11 December
1990 -- 19
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That
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That said paper has been continuously and uninterruptedly published
in said County for a period of seventy-eight weeks prior to the publication
of said notice or advertisement and is a newspaper within the meaning
of the laws of Idaho.
STATE OF 1DAnO
COUNTY OF Bannock
On this 12th day of December is the year of 1990 , before ■e,
a Notary Public, personally appeared Sandra K. Wann
known or identified to oc to be the person whose na=c sutscribed to the within instrument,
and beins by ae first duly sworn, declared that the stacesments thereta are true, and
acknowledged to oc that he executed the sa=e.
Notary ¢blit for,idyho
Residlos at
Hy cacaission expires: