(A) Any street, road, avenue, court, cul-de-sac, alley, or other thoroughfare (hereinafter referred to collectively as “streets”) over which motorized vehicles travel, located within the city limits of the city, and which has not been accepted into the schedule of the city for maintenance prior to the enactment of this chapter, and which are constructed or used with the primary purpose of public use for travel, shall not be maintained or improved by the use of public funds.
(B) Before a street can be accepted into the city maintenance schedule, the owner of the street or any person who owns property adjacent to the street shall petition the City Council or other legislative body of the city to have the street accepted into the maintenance schedule. The petition shall be in the form of a written statement requesting the City Council to approve or deny the request to have the street accepted into the maintenance schedule. The City Council shall consider the petition at the next regularly scheduled meeting of the body, unless the petition is filed less than 14 days prior to the next regularly scheduled meeting of the body, in which case it shall be considered at the second regularly scheduled meeting subsequent to the filing of the petition. The City Council shall approve or deny the request within 60 days of the petition being filed. The petition shall be filed with the City Clerk during normal office hours at the Clerk’s office in the City Hall or other place as may be designated by the City Council. The person filing such a petition shall be required to publish notice of when the petition shall be considered by the City Council for two consecutive weeks in the local newspaper prior to its being considered by the City Council. If the person filing the petition fails to publish the notice, the petition shall be denied by the City Council.
(C) The petition shall have attached to it the following:
(1) A signed statement from a licensed civil engineer stating that the street has been constructed according to the standards which are currently in effect under the planning and zoning ordinance for the city or the subdivision regulations promulgated thereto as were in effect when the street was constructed. Only a civil engineer in good standing shall be considered a licensed civil engineer for purpose of this chapter; or
(2) A signed statement from the city inspector or other person designated by the city stating the street subgrade passed compaction tests. The test shall be performed by driving a single rear axle dump truck fully loaded with crushed stone over the subgrade. If the subgrade “pumps” or moves up and down as the truck passes over the ground, then the street shall fail. In addition, the statement shall state that the finish of the street has met the standards. The finish of the street shall have core samples taken and examined by the city inspector or other person designated by the city. The core samples shall be taken at locations chosen at random by the city inspector. Three core samples shall be taken for every 100 feet of street length or fraction thereof. If one core sample does not meet the design standards, two more samples shall be taken from that 100-foot section. If one of the samples from that group does not meet the standards, the city inspector shall not sign the statement approving the street. If two core samples from the first three do not meet the standards, the city inspector shall not sign the statement approving the street.
(D) All streets constructed subsequent to this chapter being enacted shall not be accepted until a minimum of one year has passed from the completion of the construction of the street. If a bond has been posted guaranteeing the completion of the construction of the street, the construction shall not be deemed complete until the bond has been released.
(E) Any street which was constructed as part of a subdivision or other planned unit development for which the approval of the Planning and Zoning Commission was required shall be presented to the Planning and Zoning Commission prior to a petition being filed seeking acceptance into city maintenance. The Commission shall recommend to the City Council to either accept or deny the street into city maintenance. The decision of the Commission shall not be binding on the City Council.
(F) Any street accepted into the city maintenance schedule pursuant to this chapter shall be deeded to the city. The City Council shall have the authority to require substantive changes to the street, including the addition of additional asphalt or the addition of sidewalks to the street before a subsequent petition is filed for the same street whether by the same or other persons.
(Prior Code, § 150.05) (Ord. 920.37, passed 5-7-1998)