(A) This subchapter does not:
(1) Enhance or diminish the authority of the city to establish a drainage utility under Article XI, Section S, of the Texas Constitution;
(2) Preclude the city from utilizing other revenues, in addition to drainage utility revenues, for drainage purposes, or
(3) Preclude the city from imposing impact fees or other charges for drainage charges for drainage authorized by law.
(B) Floods from drainage and stormwater runoff may occasionally occur which exceed the capacity of the drainage system. In addition, surface water stagnation and pollution arising from nonpoint source runoff may occasionally occur which exceed the capacity of the drainage system. The city does not warrant, and this subchapter does not imply, that properties subject to charges shall always be free from flooding or flood damage, surface water stagnation, or nonpoint source pollution, or that all flood control and water treatment projects to control the quantity and quality of runoff can be constructed effectively. Nothing whatsoever in this subchapter should be construed as or be deemed to create additional duties on the part of the city, or to establish liability on the part of the city for any damages incurred in a flood or from adverse water quality due to drainage runoff. Nothing in this subchapter shall be deemed to waive the city's immunity under state law or reduce the need or necessity far flood insurance by property owners within or without the city.
(Ord. 2002-16, passed 9-24-02)