Council finds, determines and declares that the stormwater system, which provides for the collection, treatment, storage and disposal of stormwater provides benefits and services to all property within the City limits. Such benefits include, but are not limited to: the provision of adequate systems of collection, conveyance, detention, treatment and release of stormwater; the reduction of hazards to property and life resulting from stormwater runoff, improvements in general health and welfare through reduction of undesirable stormwater conditions; and improvements to the water quality in the stormwater surface water system and its receiving waters.
(Ord. 47-08-0. Passed 10-27-08.)
(a) The function of the newly created Stormwater Utility within the Department of Public Works is to provide for the safe and efficient capture of stormwater runoff, mitigate the damaging effects of stormwater runoff, correction of stormwater problems; fund activities of stormwater management, including, but not limited to, design, planning, regulation, education, coordination, construction, operations, maintenance, inspection and enforcement activities.
(b) It is the express intent of this newly created Stormwater Utility to protect the public health, safety and welfare of people, property and the environment, in general, but not to create any special duty or relationship with any individual person, or to any special parcel within or outside 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 or equitable remedies upon the City, its elected officials, officers, employees and agents arising out of any alleged failure or breach of duty or relationship.
(Ord. 47-08-0. Passed 10-27-08.)
The Stormwater Utility shall be coordinated with other utilities in the Department of Public Works and shall be under the management of the Director of Public Service and Safety. Said Director shall have the authority to petition on behalf of the City for ditch and stream maintenance on the county and state levels for areas outside of the city limits, should the petition be necessary for the efficient operation of the Stormwater Utility. Further, the Director may authorize participation in, and enter into contracts on behalf of the City for drainage improvements outside of the City limits that directly benefit and enhance the efficient operation of the Stormwater Utility. (Ord. 47-08-0. Passed 10-27-08.)
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