(A) (1) (a) All permanent improvements to streets, roads or alleys requested by petition of persons owning property abutting such streets, roads or alleys shall be made in accordance with plans and specifications prepared by the city.
(b) Such plans and specifications shall provide for adequate grading and drainage, including the construction of curbs and gutters in such cases as curbs and gutters are deemed necessary to properly preserve and protect the paving or surfacing improvements so made.
(2) In those cases where curbs and gutters are not deemed necessary to properly preserve or protect the paving and surface improvements contemplated, the city may construct said improvements, as herein provided, without curbs and gutters, and shall thereafter maintain said improvements, pursuant to division (C) below.
(B) In the event that the petition for improvements is directed only to the paving or surfacing of the streets, roads or alleys and does not request curbs, gutters or related improvements, and the plans and specifications for the project require the construction of curbs, gutters or related improvements, then the city will so advise the petitioners. If the petitioners agree that these related improvements are necessary and are willing to pay for the same, then petitioners will submit an amended petition requesting the city to construct such curbs, gutters or related improvements as are necessary; thereafter, the city will make the improvements requested by the petition or amended petition.
(C) Where the permanent improvements are made by the city in accordance with division (B) above, the city will bear the expense of resurfacing such street, road or alley in the future when such resurfacing becomes necessary.
(D) In the event that the petition for surfacing or paving improvements does not request any improvements other than the actual surfacing or paving of any street, road or alley, and in the event that is determined by the city that curbs, gutters or related improvements are necessary to preserve and protect the surfacing or paving so requested and the petitioners, being so advised, refuse to submit an amended petition as set forth in division (B) above and decline to agree to bear the expense of such improvements, then the city will proceed to make the improvements only as requested by the petition.
(E) Where improvements are made in accordance with division (D) above, the city shall not bear the expense of resurfacing or repaving the street, road or alley so improved at such time as such resurfacing or repaving might become necessary.
(F) Any of the foregoing provisions notwithstanding, the city will continue to perform ordinary and routine maintenance of all streets, roads and alleys within the city.
(G) This section applies only to petitions for the surfacing or paving of those streets, roads or alleys which heretofore have not been permanently improved by surfacing or paving with asphalt or concrete.
(1991 Code, § 18-12.1) (Ord. passed 5-18-1978; Ord. 006, passed 9-4-2003)