1165.05 IMPROVEMENT PLANS APPROVAL.

   (a)    Delivery; City Engineer's Report.

      (1)    All improvement plans shall first be delivered to the City Engineer who shall examine the same and attach thereto his written report setting forth in what respects the improvement plans do not comply with the approval as noted on the file copies of the preliminary plat and documents, and in what respects facts established since the approval of the preliminary plan require deviations, if any, from the preliminary approval in setting forth his recommendation concerning approval of the improvement plans.

      (2)    Within thirty days after receiving them, the Engineer shall file the improvement plans, together with his report, with the Commission.

   (b)    Recommendations of Commission.

      (1)    The Commission shall, within forty-five days after receiving the improvement plans and report from the Engineer, act thereon as submitted or modified. If, after considering the improvement plans and report, the Commission finds that the improvement plans and report conform with the preliminary plat and proposed improvements as approved, and that the allotter has complied with all pertinent ordinances and laws, then it shall recommend the same for approval by Council; otherwise, it shall recommend that the improvement plan be rejected. If the Commission finds that facts established since the preliminary approval require a change or a modification of the improvement plans, then it shall recommend approval or rejection accordingly.

      (2)    The recommendation of approval or rejection by the Commission shall be by motion adopted by a majority of all its members, duly recorded in its minutes. In the event that the recommendation is for rejection of the plan, the Commission shall cite its reasons for such rejection. As soon as the Commission has made its recommendation, it shall file the improvement plans, Engineer's report and a copy of the Commission's minutes with the Council Clerk.

   (c)    Council Hearing Set; Notification to Allotter. The Council Clerk shall set the request for hearing of the improvement plans on the agenda at a regular meeting of Council, and he shall notify the allotter of the time and place of the meeting by letter at least five days prior thereto.

   (d)    Decision by Council.

      (1)    After consideration and review of the improvement plans and the recommendation of the Commission, Council shall either approve or reject the improvement plans. If the decision of Council is to reject the plans, the allotter may resubmit his improvement plans to the Commission and then to Council for their approval in conformity with the decision of Council. The reasons for rejection of the plans shall be set forth in the Council records.

      (2)    The final approval of Council shall be by written resolution adopted by a majority of all its members. However, if the Commission has recommended rejection of the improvement plans, then Council may reverse the Commission and give its final approval only by a three-fourths vote of its members. The vote of each member shall be recorded in the Council minutes.

   (e)    The approval of the improvement plans by Council shall remain valid for a period of one year from the date of such approval. If commencement of the construction of the improvements included in the improvement plans has not commenced within one year from the date of such approval then such approval shall be null and void.

(Ord. 55-1988. Approved by voters 11-8-88.)