31-501 Sanitary drainage district in municipality; organization; petition for election. - Nebraska Statutes

31-501. Sanitary drainage district in municipality; organization; petition for election.Whenever one or more municipal corporation or corporations may be situated upon or near a stream which is bordered by lands subject to overflow from natural causes, or which is obstructed by dams or artificial obstructions so that the natural flow of waters is impeded so that drainage or the improvement of the channel of the stream will conduce to the preservation of public health, such municipal corporation or corporations and the surrounding lands deleteriously affected by the conditions of the stream, may be incorporated as a sanitary drainage district under sections 31-501 to 31-523 in the manner following: Any one hundred legal voters, freeholders resident within the limits of such proposed sanitary drainage district, may petition the county board of the county wherein they reside to cause the question to be submitted to the legal voters within the limits of such proposed sanitary drainage district whether they will organize as a sanitary drainage district under said sections; Provided, that in the case of municipal corporations of less than one thousand population, as determined by the last preceding census, two-thirds of the legal voters, freeholders resident within the limits of such proposed sanitary drainage district, may petition the county board of the county wherein they reside to cause the question to be submitted to the legal voters within the limits of such proposed sanitary drainage district whether they will organize as a sanitary drainage district under said sections, and if a majority of those voting on the question are in favor of the proposition the district shall be organized. SourceLaws 1891, c. 36, § 1, p. 287; R.S.1913, § 1922; Laws 1919, c. 142, § 1, p. 320; C.S.1922, § 1863; C.S.1929, § 31-601;R.S.1943, § 31-501.AnnotationsSanitary District Act sustained as constitutional. Whedon v. Wells, 95 Neb. 517, 145 N.W. 1007 (1914).