(A) Any public way or easement located within the city which the city has determined meets the minimum requirements of KRS 82.400(3) and is thereby dedicated as a public way or easement, and for which the city has enacted an ordinance formally dedicating and accepting as dedicates such public way or easement, the city shall have authority to undertake any and all action the city, it its sole discretion, deems necessary or appropriate in order to maintain or to enhance the condition of public ways or easements formally accepted as dedicated by ordinance into the city.
(B) On the condition and in the event that the city has enacted an ordinance, pursuant to KRS 82.400, formally dedicating, and accepting as dedicated a public way or easement, the city shall, in its sole and absolute discretion, have authority to maintain or to enhance the condition of the public way or easement by undertaking action that includes, but is not limited to, grading of surfaces of the public way or easement, paving or re-paving the public way or easement with blacktop or similar materials, dispensing aggregate or similar materials, and/or using or employing other means, labor, materials or services necessary to maintain the public way or easement or to enhance the condition or quality of the public way or easement.
(C) No person shall construe this section as expanding or limiting any duty or obligation that may exist on the part of the city or that might otherwise be imposed under existing state or federal statute, regulation or other law or city ordinance.
(Ord. 12-2012, passed 10-15-12)