(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY ROAD. A parcel of land deeded to the city for vehicular travel that has a native material surface.
CITY STREET. A parcel of land deeded to the city for vehicular travel that has a surface of some material in addition to the native material.
COUNTY ROAD. A parcel of land deeded to Jackson County for road purposes and accepted for County maintenance.
PRIVATE ROAD. An easement for restricted use of vehicular traffic across private parcels of land.
PUBLIC ROAD. An easement for the unrestricted use of vehicular traffic across private or public parcels of land.
PUBLIC STREET. A parcel of land deeded or dedicated to Jackson County for road purposes but not accepted for county maintenance.
REPAIR AND MAINTENANCE. The act of repairing or maintaining a street or road surface to a safe, durable condition without upgrading that surface to one of higher value, e.g., chip seal surfaces will be repaired with chip seal patching or surfacing; shale surfaces will be repaired with shale patching or surfacing; gravel with gravel etc.
STATE HIGHWAY. Highway 62.
STREET OR ROAD IMPROVEMENT. The act of upgrading an existing surface to a more durable surface, e.g., chip seal upgraded to asphalt, shale upgraded to chip seal, etc.
(B) Abutting property. Citizens of the city who own property abutting a street or road may petition the city to maintain, repair, or improve said street or road. Every such petition shall contain the signatures of at least 75% of the abutting property owners. Only abutting property owners may petition the city for such work and such petitions shall also set forth the nature of the work desired and considered necessary and designate one of the petitioners as chief petitioners.
(C) Public hearing. The City Council will hold a public hearing before signing any agreement. The decision as to whether or not such petitions shall be granted shall be at the discretion of the City Council. The city and the petitioners must agree on the extent of the street or road work to be done, the surface material to be used and the total cost of the project. The city may require deeds to the roadway before work begins as a part of the project agreement. All agreements will be in writing and signed by the city and the designated chief petitioner.
(D) Payment. As part of the agreement, city and petitioners shall pay:
Repair and Maintenance | Improvement | |||
City | Petitioners | City | Petitioners | |
City Street or (Road) | 75% | 25% | 50% | 50% |
Public Street | 60% | 40% | 40% | 60% |
Public Roads | 40% | 60% | 25% | 75% |
(E) Petition requirements. Every petition shall be accompanied by $25 from each petitioner as part payment of their pro-rata share of the cost of such street or road work at the time the petition is submitted to the city. The balance of the petitioner's share shall be paid before the work begins. In the event no agreement is reached, the $25 will be refunded. All petitions must be accepted prior to work being done.
(F) City to have no obligation. The city has no obligation to perform work on private roads, county roads or the state highway.
(Ord. 97, passed 2-6-1986)