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A. The utility owns all elements of the public storm and surface water system, including those systems located in public rights-of-way and in easements or tracts dedicated to and accepted by the utility except to the extent that private ownership is indicated as a matter of record or by law.

B. The utility may accept ownership (or other property rights) and responsibility for privately built drainage facilities when all of the following conditions are met:

1. Ownership of the private drainage facility by the utility would provide a public benefit;

2. Necessary and appropriate property rights are offered by the property owner at no cost;

3. The private drainage facility substantially meets current code and engineering standards, as determined by the utility, or is brought up to current code and engineering standards by the property owner;

4. The site has access for facility maintenance in accordance with criteria provided in the code and the engineering standards;

5. The utility has adequate resources to maintain the facility;

6. In the case of runoff control or water quality facilities, the private drainage facility serves a residential subdivision or short plat (rather than a commercial property or an individual single-family residence or duplex); and

7. The private drainage facility is transferred to the utility by bill of sale at no cost to the city. (Ord. 5905 § 1, 2009.)