(a) City Council hereby establishes a Stormwater Utility Program within the Department of Public Service. The function of the Stormwater Utility Program is to provide for the safe and efficient capture of stormwater runoff, mitigate the damaging effects of stormwater runoff, correct stormwater problems; to fund activities of stormwater management, including design, planning , regulation, education, coordination, construction, operations, maintenance, inspection and enforcement activities.
(b) City 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 or parcels 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 and subsurface water system and its receiving waters.
(c) It is the express intent of this stormwater utility program, 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 or agents arising out of any alleged failure or breach of duty or relationship.
(Ord. 18-130. Passed 1-14-19.)