The county may, on a shared cost basis with the owners, undertake the construction of a facility or the repair or reconstruction of an existing facility located on privately owned property, only if:
(A) The county determines that a public purpose will be served by such construction or repair; and
(B) The owner must grant to the county a construction easement and a release of 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, § 26.203) (Ord. 96-24, passed - -1996)