Approval of a plat or replat is not considered the acceptance of any proposed dedication of property therein and does not impose on the city any duty regarding the maintenance or improvement of dedicated parts unless and until:
(1) 
The city council votes affirmatively to accept the dedication, such vote is reflected in the official minutes of the city, and it is stated in writing on the plat that the dedication is accepted by the city;
(2) 
The city makes an actual appropriation of the dedicated parts by entry;
(3) 
The city makes an actual appropriation of the dedicated parts by use; or
(4) 
The city makes an actual appropriation of the dedicated parts by improvement.
(Ordinance O-15-12 adopted 7/3/12)
Appropriation of the dedicated parts by entry shall mean that the city occupies and continues to occupy the property in a manner consistent with the purpose for which it was dedicated. Mere ingress into the property on one or more occasions by city officials, employees, or representatives shall not constitute appropriation by entry that accomplishes acceptance of dedication.
(Ordinance O-15-12 adopted 7/3/12)
Appropriation of the dedicated parts by use shall mean that the city utilizes and continues to utilize the property in a manner consistent with the purpose for which it was dedicated. One or more isolated occurrences involving utilization of the property by a city official, employee, or representative shall not constitute appropriation by use that accomplishes acceptance of dedication.
(Ordinance O-15-12 adopted 7/3/12)
Appropriation of the dedicated parts by improvement shall mean that the city expends public money and resources for the purpose of improving the property in a manner consistent with the purpose for which it was dedicated. One or more isolated occurrences involving city expenditures or action that benefits the property, particularly if the primary purpose of such expenditure or action was in connection with other property or a project unrelated to the purpose of the dedication shall not constitute appropriation by improvement that accomplishes acceptance of dedication.
(Ordinance O-15-12 adopted 7/3/12)
(a) 
Any question about the extent to which any action or expenditure of the city constitutes or constituted appropriation of the property that accomplished acceptance of dedication shall be resolved in favor of nonacceptance.
(b) 
The mere budgeting or setting aside of funds for any purpose that may be construed as an intended appropriation of a dedicated part by entry, use, or improvement of any dedicated property on any plat or replat, without actual expenditure of such funds and actual entry, use, or improvement shall not be construed as acceptance of the dedicated part.
(c) 
Adoption of a motion, resolution, or ordinance for a purpose that may be construed as appropriation of a dedicated part by entry, use, or improvement of any dedicated property on any plat or replat which is subsequently repealed or rescinded prior to actual entry, use or improvement shall not amount to acceptance of the dedicated part.
(Ordinance O-15-12 adopted 7/3/12)
After acceptance of the dedication of part or all of property dedicated on a plat or replat is accomplished in a manner described in this section, the city shall be responsible for maintaining and improving the part or property in a manner consistent with similar property in the city that was acquired for or dedicated to the public for a similar use, but the city shall not be obligated to do so to any particular level, degree, or amount, it being solely the province of the city council and city manager of the city to determine the extent to which such part or property shall be maintained and improved.
Editor’s note–Ord. O-11-08, adopted April 21, 2008, added arts. 10.04–10.10, pertaining to subdivision regulations. Ord. O-15-08, adopted May 19, 2008, added art. 10.11, pertaining to changeable electronic variable message sign regulations. The city is currently in the process of revising these provisions. The new provisions, when adopted, will be included in a future supplement.
(Ordinance O-15-12 adopted 7/3/12)