(A) Contents. Prior to any public improvement(s) being submitted for acceptance for perpetual maintenance by the city, a written request must first be submitted to the city. Such request must describe the type, location and purpose of such improvement(s) to include, as applicable, the legal description of the area to be served by the improvement(s), the detailed operation of the improvement(s), and the public purpose served by the improvements. Any acceptance of public improvements shall meet all requirements contained in this Chapter with the exception of the following public improvement types:
(1) Water, wastewater and reuse improvements may be accepted administratively by the Utilities Department provided the conditions of acceptance are contained within a written Service Agreement or other contract. The Utilities Department has the right to not accept such improvements administratively and may require that the applicant’s request follow the procedures contained in this Chapter.
(2) Subdivision improvements, where the City Council has agreed to accept identified public improvements during the Preliminary or Final Subdivision process, may be accepted administratively provided the applicant has constructed all improvements in conformance with approved subdivision construction plans. The reviewing Departments have the right to not accept such improvements administratively and may require that the applicant’s request follow the procedures contained in this Chapter.
(B) Meeting of City Council. Such request shall be heard at a regularly scheduled meeting of the City Council. The City Council, in its determination of whether to accept such improvements, shall consider the following:
(1) The public necessity and purpose of accepting the improvement(s) to promote the health, safety, and welfare of the public;
(2) The existing physical condition of the improvement(s);
(3) The extent to which the improvement(s) meets city or site construction and design requirements or standards;
(4) The city's financial ability and other capabilities to maintain such improvement(s) given its size, location, condition, and design;
(5) The characteristics of the existing development to be served by the improvement(s), to include the type of development and density of development.
(C) Determination of need to accept improvement(s). Following consideration of the above factors, the City Council shall make a determination of the need to accept the improvement(s), whether the city has the financial ability to maintain the improvement(s), the impact acceptance of the improvement(s) will have upon other municipal services, the public purpose to be served by accepting the improvement(s), the general capability of the city to maintain the improvement(s), whether the health, safety, and welfare of the general public will be
served by acceptance of the improvement(s), and its intent to accept the improvement(s), or to accept the improvement(s) with conditions.
(D) Written request, accompanying documents. Following a determination of the City Council of its intent to accept the public improvements(s) for maintenance, the applicant shall submit a written request to the City Manager with two (2) copies and one (1) complete set of “as-builts” which shall be reproducible. The request shall specifically request consideration of the following items:
(1) Staff recommendations for approval of construction of the public improvement(s);
(2) Release of the applicant from the performance bond or surety for construction of the public improvement(s);
(3) A review of the project with the city staff on the issue of completion and acceptance of the public improvement(s) for maintenance purposes;
(4) A request for the city to accept and maintain public improvement(s);
(5) The applicant shall attach the engineer's certificate of completion with the application.
(6) A review of a two (2) year maintenance bond as per Chapter 184.
(E) Applicability of provisions. The provisions of this section shall apply to all improvements proposed to be accepted by the city for maintenance unless a written request with “as-built” drawings has been submitted to the city prior to the effective date of this section.
('74 Code, § 19½-23) (Ord. 82-24, passed 7-1-82; Am. Ord. 89-16, passed 5-18-89; Am. Ord. 2012-49, passed 1-3-13; Am. Ord. 2016-31, passed 5-19-16)