12-631r.   Storm sewers; construction of improvementsoutside boundaries of municipality.(a) Whenever the governing body ofany citydeterminesit is necessary to construct storm sewers, channels,retention basins or drains for thepurpose ofmanaging the storm drainage areas of all or any portion ofsuch city and in theunincorporated areas outside of but within three miles of the corporate limitsof such city, the governing body may authorize the construction of suchstorm sewers, channels, retention basinsor drains. Such constructionshall be authorized by ordinance. Such ordinance shall designatewheresuch storm sewers, channels, retention basins or drains shallbe located. Construction of suchimprovements located outside the corporate limits of a city shall not commenceunless such construction is approved by a resolution adopted by the board ofcounty commissioners of the county in which such improvements are to belocated.

      (b)   Whenever the governing body of any city determines it is necessary toconstructstorm sewers, retention basins, channels or drains for the purpose of managingthe storm drainage areas of all or any portion of which are located withinanother city, the governing body may authorize construction of such stormsewers, retention basins, channels or drains. Such construction shall beauthorized by ordinance. Such ordinance shall designate where such stormsewers, retention basins, channels or drains shall be located. Construction ofimprovements located within the corporate limits of another city shall notcommence unless such construction is approved by a resolution adopted by thegoverning body of the city in which such improvements are to be located.

      (c)   Whenever the board of county commissioners of any county determines itisnecessary to construct storm sewers, retention basins, channels or drains forthe purpose of managing the storm drainage areas of all or any portion of suchcounty, the board may authorize construction of such storm sewers, retentionbasins, channels or drains. Such construction shall be authorized byresolution. Such resolution shall designate where such storm sewers, retentionbasins, channels or drains shall be located. Construction of improvementslocated within the corporate limits of a city shall not commence unless suchconstruction is approved by a resolution adopted by the governing body of thecity in which such improvements are to be located.

      History:   L. 1911, ch. 103, § 1; L. 1915, ch. 146, § 1; L. 1917, ch. 106, § 1;R.S. 1923, § 14-522; L. 1975, ch. 91, § 2;L. 1999, ch. 13, § 1; July 1.