13-1018j.   Same; tax levy; election; when; when charges to be made foruse of system.The governing body of such city shall provide for the payment of saidbonds and the interest thereon as the same become due and payable by thelevy of a general tax on all taxable property in such city. And thegoverning body of any such city is hereby authorized to levy an annual taxon all real, personal and mixed property in such city, to be usedexclusively for the purpose of maintaining and operating sewage-disposalworks. The revenue derived from such tax shall be kept in a separate fundby the city treasurer and shall be used for no other purpose: Provided,however, That before said bond issue shall be made, the issuance thereofand the building of said plant shall be submitted to the vote of thecitizens of said city at a general or special election, said time to beselected by the governing body of said city, and on the ballot of saidgeneral or special election there shall be written the following: "Shallsewage-disposal plant be built by the issuance of bonds? Two squares, onefollowed by the word 'Yes' and one followed by the word 'No,' and a crossshall be marked in the square indicating the voter's intent." A majority ofthe votes cast at said election on said proposition shall govern, and thegoverning body be guided thereby: Provided, however, That thegoverning body of said city may issue internal improvement bonds in a sumnot exceeding $25,000 without submitting such issue to the vote of thepeople, for the purpose of making a preliminary survey, employing engineersfor such work and making plans and specifications for such sewage-disposalplant, and for paying costs of a special election, if held.

      Any person, firm or corporation outside of the city limits and nowdischarging sewage into the sewage system of the city, or who shallhereafter discharge sewage into said sewage system, shall be required topay a fair and reasonable compensation annually to the city for themaintenance and operation of said disposal plant. The amount ofcompensation shall be fixed by the governing body of said city and shall bebased upon the amount and character of the sewage so discharged, the costof operation and maintenance, the capital invested and obsolescence of saiddisposal plant.

      Any person, firm, corporation, association, municipality or any bodypolitic operating outside of the city limits who may hereafter desire touse the sewer system of any such city, or who shall use the same, shall,after the construction of such sewage-disposal plant and before dischargingany sewage into the sewage system of such city, secure a permit from thegoverning body of such city for the purpose of discharging sewage into thesewage system of such city, and shall pay a fair and reasonablecompensation annually, having regard for the amount and character of sewagedischarged into the sewer system of such city, the maintenance, operation,capital invested and obsolescence of said disposal plant, which amount ofcompensation shall be determined by the governing body of the city.

      The amount to be paid by such person, firm, corporation, association,municipality or any body politic outside of such city may be readjustedfrom time to time, and in no case shall such permit or compensation amountbe fixed for a period to exceed five years. Such funds so collected shallbe used by the governing body of the city in defraying the expense ofmaintaining and operating such disposal plant: Provided, however, Thatthe governing body of any such city may, at its discretion, provide byordinance for the collection of sewer rental charges to cover maintenanceand operating costs of the sewage-disposal plant, and may apportion suchcharges among those discharging sewage into said sewer system in proportionto the quantity and strength of sewage produced and discharged into saidsewage system.

      History:   L. 1929, ch. 123, § 5; March 7.