When the board of commissioners shall determine that it is necessary for the protection
of public health, safety or for the benefit of the public welfare to construct a sewer
system in any area or areas in said district, said board shall, by resolution, so
declare, specifying therein how the expense of said improvement shall be paid and
therein designate the lands against which service charges or special assessments shall
be levied, and shall therein call an election to be held in the area to be served
by said sewer system, said election to be called and held in the manner prescribed
herein for the calling and holding of special elections. If the resolution so adopted
by the board of commissioners shall be ratified by a majority of the qualified electors
in the area to be served voting at said election, then, in that event, the board of
commissioners shall, by resolution, proceed to levy and assess service charges or
special assessments, as the board may determine, against said lands, the owners thereof
and the occupants of the premises thereon, and may then proceed to contract for plans
and specifications for the construction of said sewer facilities and may issue revenue
bonds to pay for the costs of said construction and operation, in the manner provided
herein. Provided, however, that any area or areas determined by the board of commissioners,
as provided herein, shall not include the whole or any part of the territory within
any incorporated municipality with territory lying outside or contiguous to the territory
within such municipal corporation, but the territory within such municipal corporation
shall be deemed and considered a separate area for the purposes of the provisions
of this section.
