12-1616c.   Dams across streams or rivers; issuance of general obligationbonds; approval of electors required, when; resolution, protest petition;bonds not within debt limitation.Cities shall have power to issue general obligation bonds to paythe cost of any lands acquired and the dam or dams constructed thereonwhen authorized by a vote of a majority of the qualified electors votingon the question of the issuance of such bonds for such purpose at ageneral election, general city election or at any special electioncalled and held for that purpose.

      In lieu of the foregoing election requirement, the governing body ofany city, except those located within a county having a populationof more than 180,000 and less than 200,000, may by resolution declare its intention toacquire a site for and construct any such dam. Such resolutionshall state the approximate location for the proposed dam and theapproximate cost of such dam, such cost to include the site, engineeringand architectural expense, and any other cost attributable to such dam.Such resolution shall be published once a week for two consecutiveweeks in the official city paper of the city and shall contain asection notifying the qualified voters of the city that generalobligation bonds will be issued for such dam unless a petition is filedin accordance with this section. Such petition shall be signed byelectors equal in number to not less than 2% of theelectors of the city who voted for the secretary of state at the lastpreceding general election at which the secretary of state was elected andshall be filed with the city clerk within30 days following the last publication of the resolution. Ifno sufficient protestpetition is filed within the time specified, the city mayproceed to issue and sell the bonds and constructthe dam in themanner provided by law. If there is a sufficient protestpetition filed within the time specified, thebonds shall not be issued for thedam until the question of the issuance of such bonds for theconstruction of such dam is submitted to the qualifiedelectors of such city in the manner provided by this section, andthe question of the issuance of such bonds is approved by a majority ofthose voting on such question at suchelection.

      Each dam shall be covered by a separate resolution, but bonds may beissued in a single issue or a series of bonds for several dams. Bondsissued under the authority of this act shall be in addition to and notsubject to or within any bonded debt limitation prescribed by any otherlaw of this state.

      History:   L. 1974, ch. 50, § 3; L. 1975, ch. 64, § 1; L. 1981,ch. 173, § 22; July 1.