(A) The county shall not be responsible for the maintenance, repair, or replacement of any surface water drainage facility or any portion thereof, except:
(1) When the system or portion thereof lies wholly within a county maintained public road right-of-way, and:
(a) Was constructed by the county as a public project; or
(b) Was constructed with the written permission of the County Fiscal Court to county specifications, dedicated to the county for public purposes and formally accepted by the county for public use; provided, however, that culverts or bridges over open surface water drains providing driveway or walkway access to private property shall be the responsibility of the property owner.
(2) When the system or portion is enclosed in a pipeline or culvert location upon private property, and:
(a) Was constructed by the county as a public project; or
(b) Was constructed to county specifications upon easements granted to the county for that purpose, and was dedicated to the county for a public purpose and formally accepted into the county for public use.
(B) Prior to the county repairing, maintaining, or replacing any surface water drainage facility, proof must be shown that the facility was constructed by the county, dedicated to the county, and/or accepted by the county for maintenance purposes. The owner must grant the county a construction easement and/or an indemnification releasing and holding the county harmless from all claims arising out of the design, construction, use, existence, and future maintenance of the facility. The construction easement shall specify that the county will have no ongoing maintenance responsibility for the improvement constructed.
(Prior Code, § 26.202) (Ord. 96-24, passed - -1996)