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. <br /> • w • <br /> 1 Section 10: City Assumption of Operation and Maintenance <br /> 2 The City may assume the operation and maintenance of retention/detention <br /> 3 or other drainage treatment/abatement facilities after the expiration of the <br /> 4 two (2) year operation and maintenance period in connection with the <br /> 5 subdivision of land if: <br /> 6 (a) All of the requirements of Section 9 of this ordinance have <br /> been fully complied with; and <br /> 7 <br /> (b) The facilities have been inspected and accepted by the Utility <br /> 8 Department after two (2) years of operation in accordance with the <br /> Procedures Manual; and <br /> 9 <br /> (c) All necessary easements entitling the City to properly maintain <br /> 10 the facility have been conveyed to the City and recorded with the <br /> Snohomish County Auditor; and <br /> 11 <br /> (d) The warranty bond required in Section 9(b) of this ordinance <br /> 12 has been extended for one year, covering the City's first year of <br /> operation and maintenance; and <br /> 13 <br /> (e) The developer has supplied to the City an accounting of capital, <br /> 14 construction, and operation and maintenance expenses or other items, <br /> for the drainage facilities up to the end of the two year period. <br /> 15 <br /> In the event that the City elects not to assume the operation and main- <br /> 16 <br /> tenance responsibility for the facilities, it will be the responsibility of <br /> 17 <br /> the developer to make arrangements with the occupants or owners of the <br /> 18 <br /> subject property for assumption of maintenance in a manner subject to the <br /> 19 <br /> approval of the City Engineer or in accordance with the Procedures Manual. <br /> 20 <br /> Such arrangements shall be completed and approved prior to the end of the <br /> 21 <br /> two year period of developer responsibility. <br /> 22 <br /> If the City elects not to assume operation and maintenance responsibility, <br /> 23 <br /> the drainage facilities shall be operated and maintained in accordance with <br /> 24 <br /> the arrangements as approved by the City Engineer. The City may inspect the <br /> 25 <br /> facilities in order to ensure continued use of the facilities for the purposes <br /> 26 <br /> for which they were built and in accordance with these arrangements. <br /> 27 <br /> Section 11: Retroactivity Relating to City Maintenance of Drainage <br /> 28 Facilities <br /> 29 If any developer constructing retention/detention or other drainage <br /> 30 treatment/abatement facilities and/or receiving approval of drainage plans <br /> 31 prior to the effective date of this ordinance re-evaluates according to the <br /> 32 requirements of this ordinance the facilities and/or plans so constructed <br /> 11 <br />