The installation of required improvements, in accordance with the terms of this Subdivision Ordinance, shall in no way be construed as acceptance by the City or an acceptance of an offer of dedication. Same shall be considered only as an offer of dedication until formally accepted by the Mayor and Council.
All offers of dedication of rights of way, streets, alleys, open spaces, public areas or any other matter of whatsoever nature or kind shall be considered only an offer to dedicate and shall in no way be considered accepted by the City until action is taken in the manner prescribed by law.
(a) Manner of Acceptance of Dedication. All offers of dedication to the City of any required improvements, as set forth herein, shall only be considered accepted after all the following procedures have been completed:
(1) An offer of dedication has been made on the appropriate plat;
(2) Acceptance of same by a formal resolution of the Mayor and Council;
(3) Conveyance to the City of the interest in question by applicable deed, or other instrument in writing with proper designation and description of same, and of specific reference to the formal acceptance;
(4) The signature of the Mayor affixed thereon showing formal acceptance; and
(5) The resale and deed of dedication or other applicable instructions be received and recorded among the land records of the Clerk of the County Circuit Court.
After the date of adoption, under no circumstances shall implied acceptance of an offer of dedication be recognized by the City except as set forth herein.
(b) In the event that the Mayor and Council does not accept or reject a formal offer of dedication within sixty (60) days of such formal offer, same shall be considered accepted provided the applicant furnishes necessary dedication, in the proper form, subject to approval by the City Attorney.
(c) A rejection of an offer of dedication shall not preclude reapplication or reoffer to dedication either immediately or at any later date.
(Ord. 82-40. Passed 11-4-82.)