A. There is hereby created and established a storm and surface water utility which shall be known as the “city of Algona, Washington, storm water management utility” (the “utility”), for the purposes set forth in subsection B of this section.

B. The city shall exercise, through the utility where possible, all the lawful powers necessary and appropriate to the construction, condemnation and purchase, acquisition, addition to, maintenance, conduct and operation, management, regulation and control of the storm and surface water within the boundaries of the city, as necessary to protect the health, safety, and welfare of the citizens of the city, including, without limitation, all the lawful powers to fix, alter, regulate and control the rates, charges and conditions for the use thereof; to purchase and condemn property on behalf of the utility; to regulate actions taken with respect to public and private property which affect the flow of storm and surface water and the use of drainage facilities; and to adopt, alter, and amend a plan adopted as necessary to implement the policies of the city pertaining to storm and surface water drainage.

C. It is not the purpose of this chapter to create a duty of the city or its utility to insure or protect individual persons or property against water drainage. (Ord. 947-04 § 2).