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.
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(Ordinance O-15-12 adopted 7/3/12)