(A) Request in writing. Any person owning property within the city who desires to have new curbs and gutters constructed along the street adjoining his or her premises shall file a request with the Street Superintendent, giving the location of the property and the length of the curbs and gutters requested.
(B) Cost to owner. If the funds are available and the City Council approves the request, the property owner shall pay one-half of the cost of the construction and thereafter, the curb and gutter will be constructed by the city. The cost of construction shall not include any engineering fees; these shall be paid by the city.
(C) Approval by City Council. The approval of the request for construction of curbs and gutters by the City Council shall be dependent upon the approval of funds, priority of projects and continuity of construction for the best benefit of the city as determined by the City Council.
(D) Subdivisions. This section is not applicable to new subdivisions.
(1999 Code, § 33-5-2)