There is hereby established the following procedure designed to lead ultimately to the City's formal acceptance of the dedication of a specific right of way and to the furnishing of complete City services to the properties abutting thereto.
(a) A majority of the owners of property abutting a given right of way desirous of the City's acceptance of the dedication or improvement of the condition thereof may prepare and submit to Council a petition setting forth such desire and stipulating the roadway classification desired. If requested, the Law Director shall suggest a form and wording for such petition.
(b) Council, reacting to such petition of abutting property owners requesting the acceptance of the dedication of a specific right of way may direct the City Engineer to proceed with a thorough examination of documents applying thereto along with an on-site inspection of such right of way and submit a report to Council in writing within thirty days after the issuance of such direction. Council shall, immediately after issuance of such direction, cause notice to be given to all affected property owners of the commencement of such study and the procedure set forth in this chapter.
(c) The report so directed shall recommend confirmation or revision of the right of way and roadway classes tentatively fixed hereby, shall fix the presence or lack of all right-of-way improvements and shall present a preliminary estimate of the cost of the improvements required to produce a right of way consistent with the applicable petition and according to the provisions hereof along with a recommended distribution of the cost thereof.
(d) Council may, by motion, establish the involved classifications and improvements thereto by accepting the findings of the City Engineer or by modifying his findings. Council shall have the further right to resubmit the matter to the City Engineer or to any committee of Council or such other body or official as Council deems desirable for the purpose of making further findings. In such case, Council shall establish time limits for the resubmission of the report to Council for further action.
(e) Upon Council's acceptance of the findings and recommendations of the report covered in subsections (c) and (d) hereof, all affected property owners will be advised of the result thereof and Council shall decide that further activity pursuant to final acceptance of the involved right-of-way dedication shall, or shall not, proceed.
(f) Upon Council's decision that further activity shall proceed, all affected property owners shall be notified and the Law Director and City Engineer shall be directed to proceed with the preparation of documentation leading to the eventual dedication acceptance of the involved right of way.
(g) Upon Council's decision that further activity shall not proceed, all affected property owners shall be notified and such decision, along with the reasoning applying thereto, shall be recorded in the written record of Council proceedings.
(h) Nothing herein is intended to preclude the right of the City to accept for dedication to public use the rights of way of the City without petition of abutting property owners requesting such dedication acceptance. Council may, in an effort to protect the health, safety and welfare of all community residents, force such dedication acceptance along with the assessment of costs accruing thereto, and in this case the foregoing procedure shall also apply to the extent that it is not inconsistent with this subsection. (Res. 18-74. Passed 2-26-74.)