§ 63.21. Transfer of contributed property; bills of sale, warranties.

(a)

Bills of sale:

(1)

Each Applicant who has constructed facilities on the Applicant's property prior to interconnection with the City's existing facilities shall convey such facilities as deemed appropriate by the City to the City by bill of sale or other appropriate document in a form satisfactory to the City. Such transfers of title via bill of sale to the City shall be free of all liens and encumbrances.

(2)

The City shall not accept and the Applicant shall not transfer any facilities located on the property owner's side of the point of service. Such facilities shall remain the maintenance responsibility of the Applicant or subsequent user.

(3)

The City shall not be required to accept title to any component part of the facilities as constructed by the Applicant until the City's Utility Systems Department has approved the construction of said lines, verified the inspection of the construction, and accepted the tests associated with the construction of such facilities.

(4)

The Applicant shall maintain accurate cost records, establishing a construction cost of all water, wastewater, and/or reclaimed water facilities and such cost information shall be furnished to the City concurrently with the bill of sale.

(5)

The City may refuse connection and deny the commencement of service to any Applicant seeking to be connected to portions of the facilities installed by the Applicant until such time as provisions of this section have been fully met by the Applicant, or the Applicant's successors or assigns.

(b)

Warranties:

(1)

The Applicant shall assign, and/or have the contractor(s) provide, to the City all warranties pertaining to the facilities constructed on the Applicant's property that are conveyed to the City.

(2)

Upon City's acceptance of the subject facilities and improvements, the Applicant shall, for a period of one year thereafter, warrant and correct any deficiencies in the design, materials or installation of the subject constructed facilities and improvements. Such work shall be performed at the Applicant's expense according to the City's specifications or Applicant may elect to reimburse the City for any work performed by the City to correct the deficiencies.

(Ord. 94-45, passed 9-26-94; Am. Ord. 08-88, § 1, 10-13-08; Ord. No. 14-28, § 21, 5-27-14)