(A) The city has property interest in all elements of the surface and storm drainage system in the public right-of-way. Ownership extends to all the easements or tracts dedicated to and accepted by the city. The utility shall act as the agent for the city in the management, operation and maintenance of the surface and storm drainage system. All other surface and storm water drainage systems are considered private systems and are the responsibility of the property owner/developer/applicant to operate and maintain.
(B) All funds on deposit in the city's storm water management fund and future revenues of said fund shall be transferred to the utility.
(C) The city may accept, upon recommendation by the utility, ownership (or other property interest) and the responsibilities for privately built drainage facilities when all of the following conditions are met:
(1) Ownership of the facility by the city would provide a public benefit;
(2) Necessary and appropriate property interest are offered by the property owner/developer/applicant at no cost;
(3) The facility substantially meets current standards, as determined by the utility, or is brought up to current standards by the owner/developer/applicant;
(4) There is access for maintenance in accordance with criteria established by the utility; or
(5) The city, through the utility, has adequate resources to maintain the facility.
(Ord. 32-2005, passed 12-6-2005)