If there are any areas shown on the plat which it is supposed shall be public highways, and Council is satisfied that the provision of this Title are complied with, such streets shall finally be accepted by an ordinance duly passed for that purpose at the time of the filing of the plat. If, however, such streets are not completed in accordance with the provisions of this Title, Council may finally accept the streets by an ordinance duly passed for such purpose. In such a case the owners will be required to file a surety company bond in such sum as may be determined by Council, payable to the City. Such bond shall be conditioned upon such areas being open for public travel in accordance with the provisions of this Title and upon the acceptance of Council, within two years from the date of final acceptance of such streets, by ordinance. Such bond shall be further conditioned upon the owner of the subdivision saving the City harmless from any and all damages or claims for damages to persons or property arising out of or resulting from or on account of the highways shown on the plat not being in safe and proper condition for public travel.
As soon as the streets so accepted are opened in accordance with the provisions of this Title, the bond for such purpose shall be released and discharged by a resolution duly adopted for such purpose. However, should the owner fail to open the street in accordance with the provisions of this Title, the City will, by its duly authorized agents, notify the surety company of such failure. Upon the failure of the company to open the streets in accordance with this Title and the terms of its bond, the same may be done by Council and the cost and expense thereof charged to and collected from the company.
(Ord. 5158. Passed 8-2-26.)