§ 11-47-117. Improvements in unapproved streets.

The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street, or lay or authorize water mains or sewers or utility connections to be laid in any street, within any portion of territory for which the commission shall have adopted a major street plan, unless the street:

1.  Shall have been accepted or opened as or shall otherwise have received the legal status of a public street prior to the adoption of the street plan; or

2.  Corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the commission or with a street on a street plat made by and adopted by the commission.

However, the council may accept any street not shown on or not corresponding with a street on the official master plan or on an approved subdivision plat or an approved street plat, provided the ordinance or other measure accepting such street be first submitted to the city planning commission for its approval, and, if approved by the commission, be enacted or passed by not less than a majority of all the members of the council.  If the ordinance or other measure accepting such street is disapproved by the commission, the ordinance or measure may be enacted or passed by not less than two-thirds of all the members of the council.  A street approved by the commission upon submission by council, or a street accepted by two-thirds vote after disapproval by the commission, shall thereupon have the status of an approved street as fully as though it had been originally shown on the official master plan or on a subdivision plat approved by the commission or had been originally platted by the commission.

Laws 1977, c. 256, § 47-117, eff. July 1, 1978.