13-1013.   System of sewerage and drainage; districts; cost;assessments.The governing body may provide for a system of sewerage and drainage forthe city, or any part thereof, and build and construct sewers and drainsfor the city, or any part thereof. Such sewers shall be constructed bydistricts created by ordinance. Such districts shall be in three classes,intercepting, main and lateral. Whenever in the judgment of the governingbody it is necessary in order to properly handle the sewage or drainage ofa city, that two or more main sewers, constructed as hereinafter provided,be connected, then the governing body shall have power to create anintercepting sewer district and build and construct an intercepting sewer.The district for such sewer shall be created by ordinance, and shallembrace all that part of the city which will be benefited by suchintercepting sewer.

      When it is necessary that any part of the city have a system of sewerageor drains, then the governing body shall have power to create a main sewerdistrict and shall have power to build and construct a main sewer, whichmain sewer shall be a trunk-line sewer to which lateral sewers, constructedas hereinafter provided, may be connected whenever the same areconstructed. Whenever it is necessary that any part of a main sewerdistrict have a lateral sewer then the governing body shall have power tocreate a lateral sewer district and to build and construct a lateral sewer.Intercepting, main and lateral sewer districts shall be created and definedby ordinance and the cost of all such sewers, intercepting, main andlateral, shall be assessed against all lots and pieces of land in thedistricts as created and such special assessment shall be levied by thecity and certified by the city clerk to the county clerk to be placed onthe tax rolls for collection, subject to the same penalties and collectedin like manner as other taxes.

      The procedure used by the city in determining the valuation to be placedon lots and pieces of land in sewer districts, for the purpose of specialassessments to pay for the cost of constructing sewers, shall be the sameas provided for determining the valuation of lots and pieces of land forthe purpose of special assessments to pay for the cost of paving streets incities of the first class: Provided, however, That no property whichhas paid its full proportion for a main sewer shall be transferred to anyother main sewer district and made liable for the construction of a mainsewer therein, nor shall any property which has paid its full proportionfor a lateral sewer be transferred to any other lateral sewer district andmade liable for the construction of a lateral sewer herein.

      The governing body shall have power to rebuild, reconstruct or enlargeany sewer now constructed, or hereafter constructed, whenever in thejudgment of the governing body such sewer is inadequate, defective or wornout, and the cost of such rebuilding, reconstruction or enlargement shallbe levied on the property benefited by such rebuilding, reconstructing orenlargement in the manner hereinbefore provided in the construction of newsewers.

      History:   L. 1903, ch. 122, § 149; L. 1911, ch. 99, § 1; L. 1915, ch. 131, §1; March 22; R.S. 1923, § 13-1013.