In lieu of making the improvements required by these rules and regulations or giving a performance agreement and bond for the making thereof, the subdivider may, with the approval and cooperation of council, have any of the improvements made by the city upon petition of the property owner, or by action of council, and the cost thereof assessed upon the property according to law. In such cases, the planning commission may require a written statement from the allotter consenting that the city make the proposed improvements, and assess the cost of the same on the property, and confirming his intention to petition council for the improvement.
('59 Code, § 1113.09) Penalty, see § 151.99