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<br />D. Personal Liability of Municipal Offic'2r~ <br />Agents, and Employees. <br /> <br />An injured person always has a remedy against the <br />original tort-feasor even if no recovery may be had from the <br />municipality for acts of its officers, agents, or employees in <br />discha rge of governmen ta 1 func tions. Denver v. Madison, 142 Co 10. <br />1, 351 P.2d 826 (1960). Thus, public employees generally have <br />been personally liable for injuries caused by their negligent <br />actions within the scope of employment, even when the defense <br />of sovereign immunity was available to their employers. <br />Antonpoulos v. Town of Telluride, 187 Colo. 392, 532 P.2d 346 <br />(1975); Liber v. Flor, 143 Colo. 205, 353 P.2d 59J (1960). Since <br />an injured personls right to sue the ne~ligent employee of an immune <br />entity derives from the common law, the Colorado ,)upreme Court will <br />not infer legislative abrogation of that right absent clear legis- <br />lative intent. Thus, the Colorado governmental innlunity act is <br />only directed toward liability of public entities. Kristensen v. <br />Jones, 574 P.2d 854 (1978) (bus driver for regional transportation <br />district personally liable for injuries sustained in a collision <br />with the district's bus and written notice not co,dition precedent <br />to suit against public employee in his individual capacity). <br /> <br />I I. DRA INAGE IMPROVEMENTS BY A LOCAL GOVERNMENT. <br /> <br />IIIn an era of increasing urbanization and <br />suburbanization, drainage of surface water <br />most often becomes a subordinate feature of <br />the more general problem of proper la~d use - <br />a problem acutely sensitive to social change.1I <br />Pendergast v. Arkin, 236 S.E. 2d 787, 796 <br />~N. Carolina). <br /> <br />A. Constitutional Power. <br /> <br />A municipality's inherent police powe~s enable it to <br />enact ordinances that serve the public health, safety, morals, or <br />general welfare. Ordinances addressing drainage problems are <br />clearly a proper exercise of a municipality's police powers. wood <br />Brother's Homes, Inc. v. City of Colorado Springs, 568 P.2d 487, <br />490 (1977). Hutchinson v. Valdosta, 227 U.S. 303, 308 (1913). <br /> <br />B. Statutory POwer. <br /> <br />1. Statutes - Municipalities. <br /> <br />a) Municipal Powers - Public ProJerty and <br />Improvements. <br />C.R.S. ~~31-15-701, 31-15-714. <br /> <br />-15-80 <br /> <br />(8 ) <br /> <br />- <br /> <br />- <br /> <br />te <br />