Chapter 902 Sidewalk Policy

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Section 902.01 Installation of Sidewalks

1. The City may cause sidewalks to be installed on any City street, as funds are available, if the street meets any two of the following three criteria:
   1. A school, school facility, governmental recreation area or governmental athletic facility is located on the street; or
   2. The street has a vehicular traffic count like other similarly situated connector streets as evidenced in the most recent Stark County Area Transportation Study. In lieu of a SCAT study a written safety recommendation in favor of sidewalk installation from either the Chief of Police or Chief of Fire may be substituted; or
   3. The street is within the current no transport zone of the school.
2. If the street meets any two of the above three criteria, the City may initiate construction of the sidewalk at its own cost.  The City will cause the property to be staked so the property owners would be aware of the exact placement of the sidewalks.

Section 902.02 Existing Sidewalks

A property owner may petition the City of North Canton to replace the property owner’s substandard sidewalks and driveway approaches, as defined by the Standards Determining Need for Repair established under Section 905.01 of this Title, when in the public right of way with costs being shared equally by the property owner(s) and the City.

Section 902.03 New Sidewalks

A property owner may petition the City of North Canton for the installation of new sidewalks and driveway approaches with costs being shared equally by the property owner(s) and the City when 100% of the property owners on one side of the street within a city block, as defined by the City Engineer, petition the City to install new sidewalks.

Section 902.04 Petition Process

1. To complete a petition as specified by Sections 902.02 and 03 a property owner must contact the Director of Administration to request a formal petition form during the posted petition period, as determined by the Administration.
2. A city representative, as determined by the Administration, will visit the site, speak with the property owner(s), if available, and determine which items of work are needed and eligibility of the proposed repair.
3. After selection of project sites by the Administration, selected property owners will be provided a preliminary cost estimate. The estimate may provide for replacement or installation of sidewalk, driveway apron, the curb adjacent to the apron, retaining wall (along the right of way), roof drainpipe, and tree removal. If the property owner chooses to have the City do the work, the owner(s) must sign a cost share agreement and return it to the City. When a sufficient number of signed agreements have been accepted by the City, the city may construct the necessary improvements.
4. Costs to the property owners shall be paid as reimbursement to the City which shall be responsible for selecting and retaining the contractor to perform the necessary improvements. Improvements shall be completed according to the timeline determined by the Administration.
5. Property owners shall be responsible to remit funds in full to the city no later than thirty days following the receipt of final invoice from the City. Upon failure of the property owner to pay the costs within the allotted time, the Director of Finance shall certify the costs to the county auditor for collection as other taxes are collected.

Section 902.05 Participation Voluntary; Requirements to Qualify

1. Participation in Section 902.02 is voluntary and is limited to owner occupied residential properties within the municipal corporation limits of the City of North Canton.  The property must be located on an improved street (i.e., must have curbs) and the total area of the improvements must equal a minimum of 50 square feet.
2. Participation in Section 902.03 is voluntary and is limited to residential properties.  The property must be located on an improved street (i.e., must have curbs) and the total lineage of the improvements must exceed a minimum of 500 lineal feet for all participating property owners combined.
3. A residential property owner must sign an agreement to pay for an equal share of the costs, excluding engineering and survey expenses to be paid by the City.
4. Any utility on private property that must be removed, relocated, repaired, or altered in any way to accomplish the work will be done so at the owner’s expense. These costs will be provided in the preliminary estimate to the best of the City’s knowledge.
5. Any tree on private property that must be removed to accomplish the work will be removed at the owner’s expense.  These costs will be provided in the estimate with the petition.  Sidewalk slabs that are lifted by tree roots but are otherwise undamaged are considered defective, and need to be replaced.  If it is determined that cutting the roots will kill the tree, the tree will be removed at the time of construction.

Chapter 903 Sidewalk and Curb Construction Standards

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Section 903.01 Conformance Required

All sidewalks hereafter constructed on public rights of way in the City shall be of Portland cement concrete, shall be laid upon the grade and in accordance with the specifications and requirements set forth in this chapter.  All sidewalks, driveways, crosswalks and curbing hereafter repaired or relaid shall also conform to the requirements in this chapter.

Section 903.02 Grades and Curb Edges

All sidewalks shall be constructed at the elevation, given by the City Engineer, of the lands abutting on a street which the grade has been fixed.  The method of determining the proper grade of the sidewalk paving is as follows:

The curb edge of the sidewalk shall be above the elevation of established grade of the street and the remainder of the sidewalk shall have an upward slope of one-fourth inch to one foot.

Section 903.03 Walk Dimensions

The walk shall never be less than four inches thick, nor less than five feet wide, except upon specific approval by Council.

Section 903.04 Foundations

If, in the opinion of the City Engineer, the subsoil is of such material that proper drainage is afforded, the sidewalk paving may be constructed on the subsoil prepared to meet the approval of the City Engineer, and to conform to the following specifications concerning cement concrete. Otherwise the excavation for paving shall be made to a minimum depth of ten inches below the elevation of the surface of the pavement.  The subgrade shall be made smooth to conform to the grade and slope of the finished pavement.  Any soft or defective places in the subgrade shall be tamped thoroughly and any material which, in the opinion of the City Engineer, is unsuitable, shall be removed and replaced with material suitable for foundation as hereinafter described.

1. Upon the subgrade, the foundation shall consist of broken stone, gravel or slag, free from dust and of approved quality, of such depth that, when thoroughly compacted by rolling and tamping, the material will form a minimum foundation six inches thick.
2. Forms of metal or wood, not less than four inches in height, shall be placed as necessary to outline both edges of the pavement accurately.  Gauges must be used so the surface of the foundation is parallel to the surface of the finished pavement .  Any forms deemed unsuitable by the City Engineer shall be removed from the project and replaced with acceptable forms, by the owner or his contractor.

Section 903.05 Aggregate and Water

1. Coarse Aggregate.  Coarse aggregate for concrete shall be washed limestone or washed gravel conforming to Ohio Department of Transportation Specification, M-3.1 Limestone, or M-3.6 Slag or M-3.93 Gravel passed through a Stedman and Jig Machine and graded according to No. 4 size.
2. Fine Aggregate.  Fine aggregate for concrete shall conform to Ohio State Transportation Department Specification, M-2.1 Sand.
3. Type of Aggregate.

   Type of Coarse Aggregate	Weight in Pounds of Dry Aggregates per Sack (94lb.) of Cement		Minimum Content Per Cubic Yard of Concrete Sacks	Maximum Net Water* Content – Gallons per Sack of Cement
   	Class “C” Concrete
   Gravel	165	305	470	6.50	5.75
   Limestone	180	285	465	6.50	5.75
   Slag	195	235	430	6.50	5.75

   
   *Water. The water used for construction shall be clean enough to be used for human consumption.
   

Section 903.06 Construction Supervision; Samples

1. Supervision. All construction shall be laid under the supervision of the City Engineer's office.
2. Samples.  The contractor shall furnish samples of concrete, upon the request of the City Engineer, and if inferior tests are found, the contractor must replace the concrete as directed by the City Engineer, at the contractor's costs.

Section 903.07 Proportions of Concrete Mixtures

The concrete mix shall be designed to give a minimum twenty-eight day strength of 3,000 P.S.I. and shall contain a minimum of six-and-one-half sacks of Type 1-A Portland cement per cubic yard.  The maximum allowable slump shall be three inches.  It shall comply with current American Society Testing Materials, "C" concrete, State Specifications.

Section 903.08 Placing, Finishing, and Curing Concrete

1. Placing Concrete.  The concrete shall be placed in a manner to avoid segregation of the mix.  Distribution of the fresh concrete by means of a vibrator will not be permitted.  In order to avoid honeycombing along the forms, the concrete shall be spaded adjacent to all forms.
2. Finishing. Wood floats shall be used for finishing the concrete and no steel troweling will be permitted until such time as all water sheen has disappeared from the surface.  After smooth troweling, the surface shall be broomed lightly to provide a nonskid surface.
3. Curing.  Adequate means of protecting the concrete from rapid drying of the surface must be provided at all times.  This may consist of covering with waterproof paper or burlap  kept continuously moist for a minimum period of five days.  If paper is used, all edges must be sealed or weighted down to avoid infiltration of air.  As an alternate, an approved curing membrane may be sprayed on the surface of the fresh concrete immediately after broom finishing.  After removal of the forms, the edges shall also be sprayed with the curing membrane, to prevent evaporation of water from the concrete.

Section 903.09 Joints

Expansion joints of one-half inch, preformed asphalt-impregnated fiber shall be installed adjacent to all existing slabs, such as driveways or curbs and at intersections and every thirty feet of sidewalk.  Intermediate contraction joints shall be formed at four to five foot intervals by cutting the fresh concrete to a minimum depth of one inch.  Both sides of the joint must be finished with an edger.

Section 903.10 Curbs

1. Aggregates.  The aggregates used in constructing concrete curbing shall conform to that specified for cement concrete sidewalk.  Proportions of aggregates shall be specified for cement concrete sidewalks.
2. Forms and Finishing.  Steel forms shall be provided and rigidly held in line and grade upon a bed of compacted gravel, a minimum of six inches in depth.  The concrete must be thoroughly tamped between the forms, and cut into sections approximately six feet in length, with right angle joints accomplished by inserting iron templates three-sixteenths inch thick.  The top and face of the curb shall be float finished and lightly brushed, and the exposed corner shall be rounded off to a two-inch radius.
3. Corner; Curb Joints.  The back corner shall be rounded off to a radius of one-fourth inch.  Care must be taken in removing the iron templates from the curb joints so that the joint shall be left clean and smooth.
4. Circular Curb at Intersection.  The street and alley intersections circular curb shall be constructed on curves in accordance with the radii shown in the plans, or as ordered by the City Engineer.
5. Resetting Curbing.  Stone or concrete curbing that requires resetting shall be taken up, the gravel bed shall be replaced or reshaped the stone curb redressed to the satisfaction of the City Engineer and the curbing reset to line and grade.

Section 903.11 Curb and Gutter Combined

1. The aggregates used in the construction of combined concrete curbs and gutters, must conform in every respect to that specified for cement concrete sidewalks.  The proportioning of materials, the placing, tamping and finishing of the concrete shall be the same as specified for cement concrete sidewalks and must conform to the plans prepared by the City Engineer.
2. It is not the intent of this chapter to limit the design and specifications of the City Engineer in the preparation of contracts for street paving and improvement projects.

Section 903.12 Driveways; Curbs Cuts

1. Concrete Driveways.  Concrete driveways on public rights of way, and sidewalks on public rights of way which are crossed by driveways shall be six inches in depth.  Driveways and sidewalks on public rights of way which are crossed by driveways shall be scored as directed by the City Engineer.  The material, proportions, workmanship and methods of construction shall conform in all respects to the requirements for cement concrete sidewalks.
2. Curbs; Permits.  The cutting of curbs for driveway entrances shall not exceed thirty feet in width, unless specific plans are submitted to Council for approval.  Any asphalt or cement concrete driveway extending from a property line into the public thoroughfare, must be put in according to the specifications herein for grade only and a permit must be obtained according to Section 909.04.

Section 903.13 Relaying Concrete Sidewalks

The City Engineer shall determine whether or not the existing slabs are suitable for relaying.  In case they can be relaid, there shall first be prepared a cushion of suitable paving sand covering the existing base, and the sand cushions so placed must be thoroughly compacted by rolling or tamping, after which the acceptable slabs must be carefully embedded in the cushion and adjusted to grade.  When the existing slabs are not acceptable for relaying, a new sidewalk shall be laid by first resurfacing the base with the required amount of new material, after which the new slabs shall be laid in the manner herein specified for cement concrete sidewalks.

Section 903.14 Permanent Identification Marks, Date Required

All concrete or cement sidewalks must have the name of the contractor or person constructing the sidewalks, together with the year of construction stamped in the surface of the sidewalk in front of each lot.

Section 903.15 Downspout Drains

Downspout drains shall be placed under the sidewalk where necessary and reinforced over top of the drain by placing reinforcing rods or wire mesh.

Section 903.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor; a separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Chapter 905 Sidewalk Repair and Replacement

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Section 905.01 Standards Determining Need for Repairs

The following minimum standards shall be used by the Division of Permits and Inspection to determine when a hazard exists concerning sidewalks and to determine the need for repairs when:

1. There is a settlement of abutting sidewalk blocks which produces a surface difference of elevation in excess of one-inch.
2. There are cracks within an individual sidewalk block which have separated horizontally or vertically in excess of one-half inch.
3. There are individual blocks of sidewalk which have cracked to such an extent that no remaining piece is more than four square feet in area.
4. There are sidewalk blocks which have settled in soft ground or heaved due to frozen ground or roots to such an extent that the change of grade and cross slope are in excess of two inches.
5. There are individual sidewalk blocks which have deteriorated surfaces caused by salting, inferior material, excessive abrasive wear or improper curing when constructed with damage to such an extent that over one-half the surface area of the block is affected.

Section 905.02 Replacing Individual Blocks

Replacement of any individual blocks shall be done in block sizes of at least five feet by five feet whenever possible at the discretion of the Superintendent of Permits and Inspection.

Section 905.03 Notification of Need for Repairs

The Superintendent of Permits and Inspection shall mail a copy of his report to the owner of the property by certified mail stating his findings therein.  The owner shall within thirty days of receipt of the letter notify the Superintendent in writing whether he will have repairs made himself or have the City make the repairs.  Failure to notify the City within the time allotted will automatically be a waiver of the right of the owner to have his own repairs made.

Section 905.04 Time Allotment for Repairs

The owner who elects to have his own repairs done, must have construction commenced within sixty days of receipt of the letter referred to in Section 905.03.  A reasonable extension of this time may be granted by the Superintendent of Permits and Inspection with the approval of the Director of Administration upon proof in writing that the owner has entered into a contract for repair or construction of the sidewalk.  Construction shall be made according to the specifications codified as Title One - Street and Sidewalk Areas of this Part Nine - Streets, Utilities and Public Services Code, and shall be completed within fourteen days after it has begun.  Failure to either begin construction or complete construction shall be grounds for the Superintendent, at his discretion, to have the City make the necessary repairs or replacement.

Section 905.05 Owner Billed When City Makes Repairs

In the event the City is to make repairs or replacement for any of the reasons described in this chapter, the cost of the repairs or replacement shall be billed to the property owner by the City.  The cost shall be paid in its entirety within thirty days of the billing date to the Director of Finance who shall not be authorized to accept partial payments.  Upon failure of the property owner to pay the costs within the allotted time, the Director of Finance shall certify the costs to the County Auditor for collection as other taxes are collected.  Costs shall include any administrative cost and interest.

Section 905.99 Penalty

Any property owner who fails to begin or complete construction of repairs or replacement of sidewalks after notifying the City of his intention to do so himself, and whoever violates any other provision of this chapter is guilty of a minor misdemeanor; a separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Chapter 907 Street Excavations

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Section 907.01 Scope of Regulations

The conditions contained in this chapter apply to any individual, firm, corporation, utility, or governmental subdivision, which finds it necessary to excavate within any dedicated street, alley, or right of way within the corporate limits of the City.  The specifications contained in this chapter apply to any and all excavations made within the street lines or right of way lines of any dedicated street or alley within the corporate limits of the City.

Section 907.02 Street Opening Permit; Fee; Exceptions

1. Before excavation is made, a street opening permit must be obtained from the Superintendent of Permits and Inspection.  The cost of such a permit shall be one hundred dollars ($100.00)  for each excavation.  Utilities operating under franchise and performing work with their own employees within the City shall pay no permit fee for openings, but must report all openings to the Superintendent of Permits and Inspection and follow the specifications and procedures of this chapter.
2. The work to be done under the permit, and the restoration of the rights of way as required herein, must be completed within the dates specified in the permit. In addition to its own work, the permittee must restore the general area of the work, and the surrounding areas, including trench backfill, paving, and its foundations in accordance with any applicable laws and the standards established by the City Engineer, and must inspect the area of the work and use reasonable care to maintain the same condition for 180 days thereafter.
3. The Superintendent of Permits and Inspection shall not issue any street opening permit until all requirements of this chapter have been satisfied as determined by the City Engineer and no opening of streets shall be commenced until a street opening permit is obtained from the Superintendent of Permits and Inspection.
4. A street opening permit is not required for the replacement of existing sidewalks located in the public right-of-way.

(Ord. 61-2020 eff. 11/25/2020)

Section 907.03 Deposit Required

1. All persons, firms or corporations, except franchised utility companies performing work with their own employees and the City of North Canton, upon obtaining a street opening permit, shall make a deposit in the form of a performance bond or certified check in an amount determined by the City to be sufficient to cover the cost of restoring the Rights of Way in accordance with any applicable laws and the standards established by the City Engineer. If one hundred eighty days after completion of the Restoration of the Rights of Way, the City determines that the Rights of Way have been properly restored, the surety on the Construction Bond shall be released.
2. If within 3 days of notice from the City, any deficiency not corrected by the permittee in accordance with standards and materials specified by the City, the City shall have the authority to prescribe the manner and extent of the restoration and may do so in written procedures of general application or on a case-by-case basis. After being notified by the City, all deposits shall be forfeited and cause the City to complete the work.  The forfeiture of a deposit shall not prejudice the City from pursuing any additional cost incurred by the City.
3. Deposits shall be held for one hundred eighty (180) days after final inspection to ensure the quality of work.

(Ord. 61-2020 eff. 11/25/2020)

Section 907.04 Equipment; Barricades; Lights

1. Equipment.  Any equipment used for making excavations covered by this chapter shall be mounted on pneumatic tires, rubber covered tracks, or street pads.  Equipment having steel lugs or steel tracks shall not be loaded, unloaded, or operated in any fashion on the improved portion of the street, alley, or right of way.
2. Barricades and Lights.  Barricades strong enough to support a pedestrian shall be placed completely around all excavations.  Lights, lanterns, or torches shall be placed at all corners of the barricades and at intervals not to exceed ten feet on centers.  Lights, lanterns, or torches shall be lit thirty minutes before sundown and operate continuously until thirty minutes after sunup.  Should the excavation be made on an uninhabited or unimproved street, barricades and lights shall be placed at all entrances and exits and need not be placed along with the excavation.

Section 907.05 Excavations, Size, and Backfilling

1. Excavations.  All excavations shall be made as small as practical for the prosecution of the work.
2. Backfill.
   1. Under pavements or traveled alleys.  After installation or repair of the structure, which necessitated the excavation, select earth shall be tamped in six-inch layers around the structure and to a depth of six inches above it.  The remainder of the backfill shall be a granular material known as crusher run stone, grits, bank-run gravel, or another granular material approved by the Excavation Inspector.  The granular material shall be tamped in six-inch layers.  The granular backfill shall terminate eight inches from the top of the existing pavement.  The final eight inches shall consist of six inches of concrete base and two inches of asphalt concrete.
   2. Under sidewalks and driveway approach slabs.  Excavations under sidewalks and drives shall be backfilled exactly as for that under pavements except that the granular backfill shall be terminated one inch below the subgrade of the sidewalk and two inches of No. 67 stone shall be evenly spread over the sidewalk area and shall be checked and maintained for a period of thirty days.
   3. Under areas between the pavement and the sidewalk.  Excavations between the sidewalk and the pavement shall be backfilled with select earth, tamped in six-inch layers, and terminated in a neat mound six inches above the surrounding surface. Should the excavation impair the strength of the adjacent pavement or sidewalk, granular backfill shall be placed in the six-inch compacted layers, to a depth of eighteen inches below the existing surface.  The remainder of the backfill shall then be select earth placed as described above.  The agency making the excavation shall be responsible for replacing all pavement or sidewalk, existing or new, damaged by careless excavation or improper backfilling.

Section 907.06 Replacement of Permanent Pavement

1. Brick Pavements and Blacktop Streets.  If after thirty days, the Excavation Inspector is convinced that further settlement of the backfill will not occur, the temporary surface shall be removed and the granular backfill excavated to a depth of eight inches.  The remaining granular backfill surface shall be leveled, tamped, and moistened.  Six inches of the concrete base shall be placed on the prepared granular backfill.  After the concrete has set, two inches of the asphaltic concrete surface shall then be compacted on the concrete base.  All blacktop joints shall be sealed. Based on the existing pavement thickness and the average daily traffic, the City Engineer may specify a different pavement replacement section.
2. Concrete Pavements.  If after thirty days, the Excavation Inspector is convinced that further settlement of the backfill will not occur, the temporary surface shall be removed and the granular backfill excavated to such a depth that seven a minimum of eight inches of Portland cement concrete pavement can be placed.

(Ord. 61-2020 eff. 11/25/2020)

Section 907.07 Traffic Control

1. Individuals who receive permits shall notify the City of North Canton Police Department with no less than 24 hours prior notice of any planned disruption in traffic patterns.
2. All traffic safety and control shall be in accordance with the latest version of the Ohio Manual of Uniform Traffic Control Devices as adopted by the Ohio Department of Transportation.

(Ord. 61-2020 eff. 11/25/2020)

Section 907.08 Safety Measures; Manholes; Excavations

1. Barriers, barricades, or standard guard railings shall be provided for guarding open manholes, handholds, gratings, or excavations.  Visual warning devices shall be provided for such barricades, barriers, and guard railings.
2. Testing equipment shall be provided and a standard procedure established by the employer to determine the presence of air contaminants or a deficiency of oxygen.
3. Air contaminants or oxygen deficiency shall be controlled, minimized, or purged by one or more of the following methods:
   1. Removed at source by local exhaust ventilation;
   2. Removed by general ventilation;
   3. Removed by dilution ventilation; or
   4. By respiratory equipment furnished by the employer which provides protection equal to or greater than that approved by the U.S. Bureau of Mines, where there are air contaminants or where there is a deficiency of oxygen in the air.
      • The air or oxygen supplied to a supplied air helmet shall be of the positive pressure type.  The air supplied to a supplied air helmet or to other supplied air breathing apparatus shall be filtered.
4. Ladders shall be provided for entering or leaving a manhole, vault, or other similar underground area.
5. The fixtures to which lamp sockets and plugs are attached shall, in all cases, be explosion proof, vapor proof, moisture proof, and dust proof.  All extension cords shall be made of heavy duty cord.  All lamps shall be guarded.
6. No person shall enter a manhole, in a public right-of-way, or remain inside thereof, and no person, firm, or corporation shall direct, permit or allow another in his employ or under his supervision, to enter a manhole or remain inside thereof without having another employee on the surface at or near the entrance to the manhole.
7. Where the safety equipment is provided as outlined in subsection (a) hereof it shall be the responsibility of the employee or employees working at or in the manhole to use that equipment.
8.   Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 19-2021 eff. 05/13/2021)

Section 907.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor, a separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Chapter 909 Registration of Contractors

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Section 909.01 Registration Required; Fee and Bond

All contractors shall register in accordance with Chapter 1310 of this Code prior to performing any work in the City.

(Ord. 60-2020 eff. 11/25/2020)

Section 909.02 Construction Permits; Fees

1. Permits.   Before proceeding with the construction of sidewalks, curbs, gutters, and driveways which enter or abut public rights of way, a permit shall first be obtained by the owner or his agent from the Superintendent of Permits and Inspection or its successor.
2. Fees. The Superintendent of Permits and Inspection, or his successor, shall make out the permits required and collect a fee for new construction of fifty dollars ($50.00) and for replacement construction, fifty dollars ($50.00) therefor.

Section 909.99 Penalty

Whoever violates any provision of this chapter is guilty of a minor misdemeanor; a separate offense shall be deemed committed each day during or on which a violation occurs or continues.

Chapter 911 Street Names

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Section 911.01 Criteria for Name Change

Council may, by an affirmative vote of its members, change the name of any existing street or alley within the corporate limits of the City when it is designated by Council that any of the following conditions exist:

1. That two or more streets and/or alleys within the corporate limits of the City have the same name;
2. That changing the name of a street and/or alley would minimize pedestrian and traffic confusion and optimize safety and the efficiency of traffic flow;
3. That a street and/or alley continues outside the corporate limits of the City by another name outside such corporate limits.

Section 911.02 Name Change for Purpose of Honor

Council may by an affirmative vote of six of its members change the name of a street or alley within the corporate limits of the City for the purpose of honoring or commemorating a resident, individual or family.

Section 911.03 Reason for Name Change to be Specified

Any ordinance adopted by Council pursuant to Sections 911.01 or 911.02 shall identify the reason determined by Council for such change of name.