45-1421. Power of town of Holbrook to
cooperate with federal government in flood control project
A. In addition to the general powers vested in towns, the town of Holbrook is
empowered to furnish to the secretary of defense such assurance of local cooperation as
may be required, in conformity with the provisions of section 3 of the act of Congress
approved December 22, 1944 (Public 534, 78th Congress, 2nd session), in connection with
the construction, at the expense of the United States, as authorized by such act, of a
project on the Little Colorado river for local flood protection at the town of Holbrook.
B. Pursuant to such powers the town of Holbrook is authorized to:
1. Acquire and provide without cost to the United States all lands, easements and
rights-of-way necessary for the construction of the flood control project.
2. Bear the expense of all necessary utility relocations and such highway and
highway bridge alterations as may be undertaken if and when it appears desirable to
increase the water-carrying capacity under the bridge across the Little Colorado river or
in the event a new bridge is constructed by the state.
3. Hold the United States free from claim for damages resulting from construction
of the works and from allowing the highway bridge to remain in its present condition,
including damage to the bridge, the levee and all other property which may be damaged.
4. Maintain and operate all works upon completion in accordance with regulations
prescribed by the secretary of defense.
5. Establish and enforce flood-channel limits and regulations satisfactory to the
secretary of defense for the protection of the flood-carrying capacity of the channel,
either within or without the corporate limits of the town of Holbrook.
C. The common council of the town of Holbrook is authorized to levy taxes upon the
real and personal property located within the town of Holbrook necessary to pay all costs
and expenses incurred in carrying out the purposes of this section and in acquiring
lands, easements and rights-of-way required for the construction of the project. The
taxes shall be levied and collected as and when taxes are levied and collected for town
purposes, and the receipts therefrom shall be placed in the town treasury in a fund to be
known as the flood control project fund.
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