[Ord. 1897, passed 10-7-1985]
(a)
At least 80% of the owners of property abutting a private street must petition Council in order for the street to be accepted.
(b)
Upon receipt of a petition, the Manager shall direct the Municipal Engineer to perform a visual inspection of the street requested to be accepted, shall prepare a report as to the current condition of such street, regarding its make-up, slope, drainage, etc., and shall make recommendations as to the work which will be necessary to bring the roadway up to at least the following minimum acceptable standards.
(1)
The minimum necessary grading as determined by the Municipal Engineer;
(2)
On certain types of existing roadway surfaces, and as determined by the Municipal Engineer, as a preliminary measure, placing a tack-coat at the rate of one-fourth gallon per square yard, pursuant to State Department of Transportation specifications;
(3)
Two and one-half inches of 2-B slag, after rolling and compaction; and
(4)
Two gallons per square yard of H-1, C-1 or other application, pursuant to State Department of Transportation specifications (Modern Pressure Distribution).
(5)
One-half inch 1-B slag, to be rolled;
(6)
One-third to one-half gallon per square yard of seal coat application as per State Department of Transportation specifications (Modern Pressure Distribution); and
(7)
One-fourth inch 1-B slag for dusting.
(c)
The Municipal Engineer shall pay particular attention to the drainage of the street once it is approved and accepted. An estimate of the cost to improve the street shall be provided in the report. In addition, the Municipal Engineer shall prepare a right-of-way description and map showing the right-of-way of the street proposed for acceptance.
(d)
Council may, if warranted, condemn property to provide for sufficient right-of-way widths and drainage facilities. Sufficient right-of-way widths will be determined by Council based upon a report from the Municipal Engineer regarding topography, drainage requirements, road curvature and other design considerations. As a minimum, proposed right-of-way dedications must be of sufficient width to provide a two-lane roadway with adequate provisions for drainage and must meet all qualifications for the State Department of Transportation Liquid Fuels Program.
Council may refuse to consider the acceptance of private streets due to insufficient right-of-ways, excessive condemnation costs or excessive construction costs, or for any other reason.
(e)
In signing the petition, all petitioners agree that they, as well as those property owners who have not signed, will bear the responsibility to pay for engineering and legal fees, the cost of the road improvements and condemnation of property, as well as other expenses in connection with the road acceptance, by means of an assessment of 80% of the total cost involved. All property owners, whether they have signed the petition or not, will be assessed according to their frontage along the roadway to be improved. The Municipality shall be responsible for paying the remaining 20% of the project cost.
(f)
This section does not preclude the right of the Municipality to install permanent street improvements in the future or to upgrade a street beyond requirements for substandard streets at any time.