12-631q.   Counties and cities may unite in construction of outlets fordrainage of storm water; eminent domain; bonds.Any county may unite with any city within such county for the purpose ofconstructing outlets for drainage of storm water in such county or city, asherein provided. Whenever the governing body of any city shall deem itnecessary to construct an outlet for drainage of storm water from thecorporate limits of any such city, to connect with any creek or river atany point within five miles of such corporate limits, the governing body ofany such city shall pass a resolution declaring said improvement to benecessary.

      Upon the publication of such resolution in the official city paper, suchcity shall cause to be made by some competent engineer plans andspecifications, together with the estimated cost of such improvement, whichplans and specifications and the estimated cost thereof shall be approvedby such governing body, and, upon the approval of same, the resolutiondeclaring said improvement necessary, together with such plans andspecifications and estimate, shall be submitted to the board of countycommissioners of any such county in which such city is located, and whensuch plans and specifications and estimate are approved by said board ofcounty commissioners such city may proceed to make said improvement, andfor this purpose the right of eminent domain is hereby granted. Theproceedings for securing the land necessary for such outlet, and theconstruction of the same, shall be the same as that provided by law forcities in exercising the right of eminent domain.

      For the cost of obtaining the land necessary for such outlet, and forthe construction of same, bonds may be issued by such city, equal to fiftypercent of the cost of obtaining such land and the construction of suchoutlet, in accordance with the law providing for the issuance of bonds forother internal improvements. Any county uniting with a city in theconstruction of any such outlet may issue bonds in an amount of up to fiftypercent (50%) of the cost of obtaining such land and the construction ofsuch outlet. The bonds issued by such city shall be paid by the levy of ageneral tax on all the property in any such city, and the bonds issued bysuch county shall be paid by the levy of general tax on all of the propertyin any such county.

      History:   R.S. 1923, § 13-1055; L. 1975, ch. 91, § 1; July 1.