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(a) The City Engineer shall examine and investigate each New Condominium Development water and sanitary sewer utility plan submitted to him and within Thirty days (30) of receiving such plan shall either approve the plan or advise the owner of the proposed New Condominium Development of any deficiencies the City Engineer finds in the water and sanitary sewer utility plan. If the City Engineer determines that there are deficiencies in a water and sanitary sewer utility plan, the owner of the proposed New Condominium Development may thereafter submit a corrected water and sanitary sewer utility plan for consideration of the City Engineer.
(b) If the City Engineer determines that a submitted New Condominium Development water and sanitary sewer utility plan is acceptable, he shall so inform the Law Director who shall prepare and tender to the owner of the New Condominium Development a Condominium Municipal Utility Contract that shall include the following covenants:
(1) That the owner shall construct the water and sanitary sewer utility infrastructure on the lands included in the New Condominium Development in strict compliance with the approved New Condominium Development water and sanitary sewer utility plan;
(2) That the owner shall convey the easement and utility infrastructure, described in the approved New Condominium Development water and sanitary sewer utility plan, to the City, at no cost to the City, by means of a deed document which shall be in a form approved by the Law Director and shall warrant that the easement is free and clear of all encumbrances;
(3) That the City shall accept dedication of such easement and record such easement after the City Engineer has requested acceptance of the easement and the water and sanitary sewer infrastructure described in the deed document pursuant to Section 927.05 of this Chapter;
(4) That the owner shall pay in advance to the City the inspection fees imposed under Subsection 1211.04(c)(3) of the Codified Ordinances;
(5) That customers connected to the water and sanitary sewer utility infrastructure constructed in accordance with the Condominium Municipal Utility Contract may receive water and/or sewer services in accordance with the Codified Ordinances and the rules and regulations adopted by the City governing the provision of municipal water and sanitary sewer utility services; and
(6) Such other terms and conditions as the Law Director may determine are necessary to protect the interests of the City.
(c) The City Manager is authorized to enter into Condominium Municipal Utility Contracts with owners of New Condominium Developments; provided, that no such contract requiring and expenditure on the part of the City in excess of the expenditure limit established in Section 42 of the Charter shall be entered into without first receiving the approval of the City Commission .
(d) After the owner has entered in to Condominium Municipal Utility Contract with the City, the owner of the New Condominium Development may petition the City Engineer for permission to deviate form the plan. The City Engineer may permit plan deviations which are not in conflict with other provisions of the Codified Ordinances, which are not in conflict with the construction specifications established in Chapter 931 of the Codified Ordinances and which do not prevent the City from extending municipal utility services to customers beyond the boundary of the New Condominium Development without obtaining additional real property rights in the New Condominium Development lands.
(Ord. 97-148. Passed 4-29-97.)