§ 27-208. No assumed liability for floods and nonpoint source pollution.

(a)

Floods from drainage and storm water runoff may occasionally occur which exceed the capacity of the stormwater drainage utility system maintained and financed with the stormwater drainage utility fund. In addition, surface water stagnation and pollution arising from nonpoint source runoff may occasionally occur which exceed the capacity of the stormwater drainage utility system maintained and financed with the stormwater drainage utility fund. This article 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 article should be construed as or be deemed to create additional duties on the part of the city to hold the city liable for any damages incurred in a flood or from adverse water quality due to stormwater drainage runoff. Nothing in this article shall be deemed to waive the city's immunity under state law or reduce the need or necessity for flood insurance by property owners/residents within the city.

(b)

The city's acquisition of stormwater drainage utility service easements and/or the construction or repair by the city of stormwater drainage utility facilities does not constitute a warranty against stormwater hazards, including, but not limited to, flooding, erosion, or standing water.

(Ord. No. 03-24, § 8, 10-7-2003)