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<br />49 <br /> <br />off-site drainage facilities required under this Section 21.05 <br />shall either be constructed by the owner/developer and accepted by <br />the city (or county), or shall be suitably guaranteed by the execu- <br />tion of a performance bond as provided in Section (number of section <br />in ordinance that discusses requirements for performance bonds). <br />(4) Facility Acceptance: Except as provided below, all drainage <br />facilities and appurtenant structures constructed or provided under <br />this Section 21.05 shall upon written acceptance by the (name of <br />city or county) become the property of the city (or county) and the <br />city (or county) thereafter shall be responsible for the operation <br />and maintenance of same. The city (or county) may allow title of <br />an off-site drainage facility that is designed for combined flood <br />control and park purposes to remain with the owner/developer if the <br />owner/developer establishes or agrees to establish a homeowners' <br />association for the continued maintenance and operation of that <br />facility. The organizational documents of such a homeowners' assoc- <br />iation shall allow the (name of city or county) to assume mainten- <br />ance and/or operation of the on-site drainage facility should the <br />homeowners' association fail to properly maintain and/or operate <br />the facility, as determined by the city (or county) engineer, for <br />flood control and/or other designated purposes. The documents <br />shall further declare that all costs incident to such city (or <br />county) maintenance and/or operation shall be the responsibility of <br />the homeowners' association and shall become a lien on the property <br />held by each homeowner in the association until paid. <br /> <br />. <br />