13-10,107.   Sewers and sewage disposal outside certain cities;contracts; benefit district, conditions.The governing body of any city of the first class having a population ofover 110,000 inhabitants located in a county with an assessed tangiblevaluation in excess of $150,000,000 and the governing body of any city ofthe first class having a population of less than 14,000 is authorized andempowered to contract with the owners of any tract or tracts of landlocated outside of but within five miles of the corporate limits of suchcity for the purchase or construction of a sewer to serve such tract ortracts of land or to contract for the processing and disposal of sewagefrom such tract or tracts of land in any case where the public health ofsuch city will be promoted thereby and where the governing body of suchcity deems such action otherwise advisable, the cost of such improvementsto be paid by the benefit district to be established as is herein providedupon the following conditions:

      (a)   That such tract or tracts of land described in said contract shallconstitute a special sewer district against which the cost of such sewer,together with any easements or rights of way, shall be charged.

      (b)   In case the sewage from said sewage district is carried through anysewer line owned, controlled or operated by such city, a charge for the useof said sewer shall be made against the special sewer district described incondition (a) hereof.

      (c)   The lands, improvements and all other property located upon suchlands in said sewer district shall be subject to general sewer, sewermaintenance, and sewage disposal taxes in such amount as the governing bodyof such city may determine and levy, to such sewer district.

      (d)   The owner or owners of such lands and improvements shall consentthat the lands and improvements located within the sewer district shall betaxed in all respects under the provision of this section for sewerfacilities and services as provided in subsection (c) hereof and anyrevenue derived from such tax shall only be used for the benefit of suchsewer district.

      History:   L. 1941, ch. 144, § 1; L. 1947, ch. 137, § 1; L. 1951, ch. 153, § 1;April 4.