Article 4. Curb and Gutter

8-401   Falls City Code   §8-402

Article 4. Curb and Gutter
§8-401 CURB AND GUTTER; IMPROVEMENTS. When curb and gutter
improvements shall be authorized and ordered according to law, the
cost of such improvements shall be paid by the Municipality. The
Governing Body is hereby authorized to assess such improvements,
issue improvement bonds, and levy and collect a special tax from
the abutting and adjacent property owners specially benefitted, in
the manner provided by law for the payment thereof.
§8-402 CURB AND GUTTER; CUTTING CURB. It shall be unlawful for
any person to cut into any paving, curb, or sidewalk for any
purpose whatsoever without first having obtained a written permit
from the Governing Body therefor. Before any person shall obtain
the permit, such person shall inform the Municipal Clerk of the
place where such cutting is to be done, and it shall be the
Municipal Engineer’s duty to inspect the place of entry into the
paving, sidewalk, or curb, before the same is cut. When cutting
into any paving, it shall be the duty of the party to cut the
paving under such rules and regulations as may be prescribed by the
Municipal Engineer; Provided, that all such cuts shall be “saw
cuts” unless the applicant secured written permission to use
another method from the Municipal Engineer. When the person is
ready to close the opening made, he shall inform the Engineer, who
shall supervise and inspect the materials used and the work done in
such closing. It shall be discretionary with the Governing Body to
order the Municipal Engineer to do the work of cutting and closing
the paving and charge the costs thereof to the party who obtained
such permit. The Governing Body may consent to the work of cutting
and closing the paving to be done by the party holding such permit.
Before any permit is issued by the Governing Body, the applicant
for such permit shall deposit with the Municipal Treasurer a sum
set by resolution of the Governing Body for all paving, curb, or
sidewalk to be cut. Such sum shall be computed on a per square
foot construction basis. The deposit shall be retained by the
Municipality for the purpose of replacing the paving, curb, or
sidewalk, in case the work is done by the Municipality. In the
event the Municipality elects to require the applicant to replace
the paving, curb, or sidewalk, the deposit shall be retained by the
Municipality until the work is completed to the satisfaction of the
Municipal Engineer. No permit shall be granted unless the
applicant shall in addition to all other requirements, agree in
writing to the following conditions:
A. The applicant will, if requested by the Municipality,
promptly replace and repair each and every place cut into any
pavement, curb, or sidewalk under such rules as may be prescribed
by the Municipal Engineer as approved by the Governing Body, and
leave the same in as good a condition as before the same was cut.
B. That the applicant will promptly compensate the
Municipality for all work done by the Municipality in replacing or
repairing any places cut in the pavement, curb, or sidewalk by the
C. That the applicant will obey all laws of the Municipality
in doing such work and will save the Municipality harmless from any
damages which may occur as the result of either cutting or
repairing the pavement, curb, or sidewalk.
D. That the applicant will maintain and keep in repair the
place where the pavement, curb, or sidewalk is cut to the
satisfaction of the Municipality and its officers for a period of
one (1) year after the completion of the work. (Ref. 17-567 RS