(a) Any person desiring to have opened, use, travel upon or improve an unopened street, alley or way, or a street, alley or way unimproved for travel, shall file a written request therefor with Council. Such request shall thereupon be referred to the Director of Public Service for investigation and recommendation as to the character, extent and adequacy of the grading, draining, paving, sewers or other utilities deemed necessary in the public interest to be performed, constructed or installed therein prior to such opening, use or travel and the estimated cost of installing, constructing or reconstructing the same if already installed or constructed. Action by Council upon such request shall be deferred for a period not to exceed thirty days for report and recommendation of the Director in respect thereto.
(b) In lieu of constructing or performing the work of such grading, draining, paving or installation of utilities as Council shall declare necessary, the party desiring to have opened, use, travel upon or improve such street, alley or way may:
(1) File a bond for the performance of such work with surety or sureties to be approved by the Director of Finance in such form as shall be approved by the Solicitor and in such amount as is recommended by the Director of Public Service conditioned that such person or his sureties within the time fixed by Council will do and perform such work or construction under the supervision of and in accordance with plans, profiles and specifications established or approved by the Director; or
(2) File with Council a petition signed by the owners of not less than sixty percent (60%) of the front footage of the lots and lands bounding and abutting such street, alley or way, or the owners of seventy-five percent (75%) of the area to be assessed for such improvements, requesting that the required improvements be performed, constructed or installed and the cost thereof assessed against such abutting property in accordance with the provisions of Ohio R.C. 727.06. If prior to the time the improvement is authorized by Council, signatures to such petition have been withdrawn or are otherwise ineffective so that the requirements of Ohio R.C. 727.06 are not then met, the provisions of this subsection shall be inoperative and the applicant shall proceed as otherwise provided in this chapter.
(1964 Code Sec. 95.04)