In lieu of construction 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 shall:
(a) File a bond for the performance of such work with surety or sureties to be approved by the Auditor in such form as shall be approved by the Law Director and in such amount as is recommended by the Mayor 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 Mayor; or
(b) 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 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. 727.38. If prior to the time the improvement is authorized by Council signatures to such petition have been withdrawn or are otherwise ineffective so that the requirements of Ohio R.C. 727.38 are not then met the provisions of this subsection shall be inoperative and applicant must proceed as otherwise provided in this Chapter.
(Ord. 33. Passed 6-18-59.)
(Ord. 33. Passed 6-18-59.)