1179.07 ACCEPTANCE OF IMPROVEMENTS.
   (a)   Final Payment for Inspections and Testing. Upon completion of the required inspections and testing, the City Engineer shall make a final and complete statement of the amount of the inspection and testing costs charged or to be charged to the subdivider and shall make a recommendation to the City Finance Director that the City require final payment or make refund to the subdivider consistent with the terms of the Construction Agreement.
   (b)   Certification of Improvements and As-built Plans. The professional engineer who supervised the installation of the improvements shall, after completion of installation, certify to the City Engineer that all improvements have been constructed as required by the Construction Agreement and as such requirements have been modified by the City during construction and shall provide to the City Engineer one set of plans in form acceptable to the City accurately describing all improvements as constructed.
   (c)   Waiver of Liens. The subdivider shall, prior to the acceptance of improvements by the City, provide waivers of liens executed by all material suppliers, laborers, contractors, and subcontractors who have provided materials or performed work related to the construction of improvements.
   (d)   Acceptance Before Recording. The subdivider shall advise the City Engineer in writing when all improvements have been completed and all requirements and conditions have been complied with. The City Engineer and the Director of Community Development shall evaluate the improvements to determine if all improvements have been completed and that all requirements and conditions have been complied with. After such evaluation, they shall make a recommendation to the City Commission to accept or deny the improvements for ownership, operation and maintenance. The City Commission shall accept the improvements by the adoption of a resolution or may deny the improvements with good reason. At the time of acceptance of the improvements, action shall be taken to release the Performance Guarantee, if any, and to establish the Maintenance Guarantee in accordance with Section 1185.07, if applicable.
   (e)   Conversion of Private Street to Public Street after Recording. Criteria for the acceptance of private streets as public streets after recording shall be as follows:
(1)   Right-of-way width.
(2)   Street width.
(3)   Curb and gutter.
(4)   Roadway typical section.
(5)   Pavement thickness and strength.
(6)   Sidewalk installation and placement.
   (f)   Procedure for Conversion of Private Street to Public Street after Recording.
(1)   An applicant seeking conversion of a private street to a public street shall first consult with the City Planning and Engineering staff.
(2)   The applicant shall submit core tests and certified “as built plans” from a professional engineer, as required by the City Engineer. The City Engineer shall review these submittals to determine if the street meets all City Engineering Design and Construction Standards.
(3)   The applicant shall then submit a written application upon a form acceptable to the City Planning and Engineering staff for staff’s review and recommendation to the Planning Commission.
(4)   Upon review and approval of the Planning Commission, the Commission shall certify one copy of the approved application and meeting minutes to City Commission for approval or disapproval.
(5)   In the event of a disapproval recommendation by the Planning Commission, the applicant may submit this matter for review by the City Commission. However, a two-thirds vote of the City Commission shall be necessary to override the recommendation of the Planning Commission.
(6)   The decision of the City Commission as to approval or disapproval of the request for private to public street conversion shall be final.
         (Ord. 02-176. Passed 10-28-02.)