§ 86-102. Scope of responsibility for the stormwater management system.

(a)

The city stormwater management system consists of all city streets, curbs and gutters, rivers, streams, creeks, lakes, reservoirs, ponds, drainage ways, channels, ditches, swales, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural or man-made, within the political boundaries of the city which control and/or intentionally diverts surface waters from its public streets and public and private properties, and which are state or United States' waters, owned by the city or over which the city has an easement for stormwater control. The city owns or has legal access for purposes of operation, maintenance and improvements to those segments of this system which (1) are located within public streets, rights-of-way and easements and (2) the segments which are subject to easements, rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for adequate access for operation, maintenance, and/or improvement of systems and facilities.

(b)

In consideration for the city allowing the utility to use the city's existing street, curbs, gutters, drainage ways and ditches, storm sewers, culverts, inlets, catch basins, pipes, head walls and other structures, natural and man-made within and owned by the city which controls and diverts surface water for the purposes of collecting, diverting, transporting and controlling surface and stormwaters; the utility shall not charge the city a service charge or fee for the city's impervious surface area resulting from the city's impervious surfaces which are owned and/or maintained by the city within the public right of ways.

(c)

It is the intent of this article to protect the public health, safety and general welfare of all properties and persons in general, but not to create any special duty or relationship with an individual person or to any specified property within or without the boundaries of the city. The city expressly reserves the right to assert all available immunities and defenses in any action seeking to impose monetary damages upon the city, its officers, employees and agents arising out of any alleged failure or breach of duty or relationship as may now exist or hereafter be created. To the extent any permit approval, inspection, or similar act is required by the city as a condition precedent to any activity by or upon property not owned by the city, pursuant to any other regulatory ordinance, the issuance of such permit, plan approval, or inspection shall not be deemed to constitute a warranty, express or implied, nor shall it afford the basis for any action, including any action based on failure to permit or negligent issuance of a permit, seeking the imposition of money damages against the city, its officers, employees or agents.

(Ord. No. 0-1-04, art. I, 1-15-04)