§ 154.038 IMPROVEMENTS IN UNAPPROVED STREETS.
   (a)   Approved plat required for street or utility work after attachment of platting jurisdiction. From and after the time when the platting jurisdiction of the city shall have attached by virtue of the adoption of a major street plan as provided in § 154.033, the city or other public authority shall not, except as provided by division (b) below, accept, lay out, open, improve, grade, pave or light any street or lay or authorize the laying of water mains, sewers, connections or other facilities or utilities in any street within the city unless the street shall have been accepted or opened as, or shall have otherwise received the legal status of, a public street prior to the adoption of a comprehensive plan, or unless the street corresponds in its location and lines with a street shown on a subdivision plat approved by the city council or on a street plat made by the planning commission and adopted by the city council.
   (b)   Street construction specifically authorized by ordinance; vote required to overrule planning commission. The city council, or, in the case of a street outside of the city, the governing body of the outside territory, may locate and construct or may accept any other street if the ordinance or other measure for the location and construction or for the acceptance be first submitted to the planning commission for its consideration, and, if disapproved by the planning commission, be passed by not less than two-thirds of the entire membership of the city council or the governing body; and a street approval by the planning commission upon the submission, or constructed or accepted by two-thirds vote after disapproval by the planning commission, shall have the status of an approved street as fully as though it had been originally shown on a subdivision plat approved by the city council or on a plat made by the planning commission and adopted by the city council.
(1957 Rev. Ords., § 2.921; 1992 Code, § 32-40) (Ord. 1992, passed 8-3-1959)
Cross-reference:
    Streets and sidewalks, see ch. 96