reglab/housing_qa huggingface dataset:
SD Codified L § 9-54-3.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-3.1 - "Revenue agreement" defined.

9-54-3.1."Revenue agreement" defined.Revenue agreement, as the term is used in this chapter, is any written agreement between a municipality and another person, firm, limited liability company, corporation, or governmental entity with respect to a project whereby such other person, firm, limited liability company, corporation, or governmental entity agrees to pay to the municipality or to its order amounts sufficient at all times to pay when due the principal of, premium, if any, and interest on all bonds issued by the municipality with respect to that project. A revenue agreement includes, but is not limited to, a lease, a direct or installment sale contract, or a loan agreement. Source: SL 1981, ch 77, §5; SL 1994, ch 351, §11.
SD Codified L § 9-54-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-4 - Costs to be covered by bonds--Authorization, issuance and sale of bonds.

9-54-4. Costs to be covered by bonds--Authorization, issuance and sale of bonds.Bonds may be issued in amounts as may be necessary to provide sufficient funds to pay all the costs of purchase or construction of each project which under accepted accounting practice are capital costs, including goodwill and other intangible costs, as well as site, engineering, and all other expenses of its planning and completion , together with additional amounts as may be agreed to by the lessee, purchaser, or borrower with respect to the project and the purchasers of the bonds as a discount or underwriters' fee, and to pay interest accruing before completion of the project, to establish a reserve securing payment of the bonds, and, with respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped or wellness centers, comprising a project, the cost of paying, purchasing or discharging any outstanding indebtedness or other cost as authorized in §9-54-2.1. Bonds issued under the provisions of this chapter shall be authorized, issued and sold in accordance with chapter 6-8B, except that no election is required. Source: SL 1964, ch 148, §4; SL 1973, ch 59, §4; SL 1981, ch 77, §6; SL 1984, ch 43, §98C; SL 1991, ch 75, §2; SL 1998, ch 47, §1.
SD Codified L § 9-54-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-5 - Amount of bond issue limited by costs.

9-54-5. Amount of bond issue limited by costs.In no case shall any revenue bonds be issued for an amount in excess of the actual cost of the project, including the site therefor and all other items referred to in §9-54-4. Source: SL 1964, ch 148, §6; SL 1973, ch 59, §5.
SD Codified L § 9-54-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-6 - Bonds not general obligations nor payable by taxation--Recitals in bonds.

9-54-6. Bonds not general obligations nor payable by taxation--Recitals in bonds.Revenue bonds issued pursuant to this chapter shall not be general obligations of the municipality nor shall they be payable in any manner by taxation. Such revenue bonds shall recite the authority under which they are issued, and shall state that they are issued in conformity with the provisions, restrictions, and limitations of this chapter, and that such bonds and the interest thereon are to be paid from the revenue received from the project financed, in whole or in part, by the issuance of the revenue bonds. Source: SL 1964, ch 148, §8; SL 1973, ch 59, §6; SL 1984, ch 43, §98E.
SD Codified L § 9-54-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-7 - Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.

9-54-7. Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.The governing body of the municipality may, by ordinance, resolution, or by a trust indenture executed under authority of a resolution or ordinance, pledge the revenues of the project and any other security of whatsoever nature, offered by the lessee, purchaser, or borrower with respect to the project, and may mortgage the project, for the payment of the bonds and the interest thereon, and provide that the revenues shall be set apart in one or more special trust funds for that purpose. The resolution, ordinance, or indenture may include covenants and agreements as the governing body deems necessary or desirable to secure the bonds, including the establishment of a reserve from the bond proceeds, and may authorize a trustee appointed under an indenture to enforce all rights and remedies of the municipality under the revenue agreement with respect to the project. Source: SL 1964, ch 148, §5; SL 1969, ch 188, §1; SL 1973, ch 59, §7; SL 1981, ch 77, §7; SL 1984, ch 43, §98D.
SD Codified L § 9-54-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-8 - Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.

9-54-8. Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.Revenue agreements pursuant to §9-54-3.1 shall provide for contractual payments sufficient to pay the principal, premium, if any, and interest on any bonds issued by the municipality under the resolution or ordinance or trust indenture, when due or subject to mandatory redemption, and also to pay all taxes, special assessments and other governmental charges levied or imposed with respect to the project, and to pay all costs of insurance, operation, and maintenance thereof. The agreements shall also reimburse the municipality for the cost of any other obligation assumed by the municipality in connection with the project. Revenue agreements in the form of a lease or sale contract shall further provide for payment of a sum equal to the amount of property taxes which would be due if the lessee or purchaser were the owner of the project, to be prorated among the taxing districts involved and taking into consideration reductions permitted pursuant to §10-6-137 for the term of the agreement. Source: SL 1964, ch 148, §3; SL 1973, ch 59, §8; SL 1975, ch 93, §1; SL 1981, ch 77, §8; SL 1981, ch 79; SL 1984, ch 43, §98F; SL 2020, ch 39, § 12; SL 2021, ch 44, § 44.
SD Codified L § 9-54-8.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-8.1 - Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.

9-54-8.1. Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.Any lease agreement may grant an option to the lessee to purchase the project at a price and upon other conditions sufficient to assure the payment and redemption of the bonds and payment and reimbursement of all such other charges and costs. Any lease or sale agreement may provide for acquisition of title to the project by the lessee or purchaser in advance of the retirement of the bonds, if such retirement is assured by the deposit with the municipality or the trustee of funds or of bonds or other obligations issued by the lessee or purchaser to the municipality, or bonds or other obligations issued or guaranteed by the United States or an agency thereof, which are payable as to principal and interest at the times and in the amounts required to pay the municipality's bonds at or before maturity and all interest and redemption premiums thereon when due. In this event the payments of principal and interest on such obligations, and any mortgage or pledge of property or funds securing such payments, shall be irrevocably pledged for the payment of the bonds, interest and redemption premiums and payment and reimbursement of all other costs. Source: SDCL, §9-54-8 as added by SL 1973, ch 59, §8.
SD Codified L § 9-54-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-9 - Municipal obligations restricted by contractual payments from facilities.

9-54-9. Municipal obligations restricted by contractual payments from facilities.Nothing in this chapter shall be so construed as to authorize or permit any municipality to make any contract or to incur any obligation of any kind or nature except such as shall be payable solely out of the contractual payments from such facilities. Source: SL 1964, ch 148, §4.
SD Codified L § 9-54-10 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-10 - County and sanitary district powers.

9-54-10. County and sanitary district powers.Any county shall have the same powers as a municipality under this chapter. Any sanitary district shall have the same powers as a municipality under this chapter with respect to any project providing sewer service or control of water pollution. Source: SL 1972, ch 45, §5.
SD Codified L § 9-54-11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-11 - Municipal joint or cooperative agreements.

9-54-11. Municipal joint or cooperative agreements.Any municipality, in order to accomplish the purposes provided in this chapter, may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24. Source: SL 1972, ch 45, §2.
SD Codified L § 9-54-12 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 54 - Economic Development Projects|Section 9-54-12 - Compliance with federal requirements for tax exemption.

9-54-12. Compliance with federal requirements for tax exemption.Notwithstanding any provision under the laws of the State of South Dakota, a municipality in order to accomplish the purposes provided in this section and chapter 6-8B may perform all acts necessary to comply with the requirements of §103 of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to §103 to insure that all interest from bonds issued under this chapter is tax exempt.All hearings or acts necessary to comply with §103(k) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated pursuant to §103(k) are exempt from the requirements and procedures of chapter 1-26.The Governor is the approving representative for the state for the purpose of complying with the applicable provisions of §103(k) of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to §103(k) necessary to insure that all interest from bonds issued is tax exempt. Source: SL 1984, ch 43, §58.
SD Codified L § 9-55-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-1 - Definition of terms.

9-55-1. Definition of terms.Terms as used in this chapter mean:(1)"Assessable unit," the front foot, square foot, equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the resolution of intent to create a business improvement district;(2)"Occupation tax," a fee imposed on any person with an established place of business within the district for the privilege of doing business;(3)"Record owner," the fee owner of real property as shown in the records of the office of the register of deeds in the county in which the business area is located. A contract purchaser of real property is the record owner for the purpose of this chapter and the only person entitled to petition pursuant to §9-55-9 or protest pursuant to §9-55-10; and(4)"Space," the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, except all space owned or used by political subdivisions. Source: SL 1986, ch 81, §1.
SD Codified L § 9-55-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-2 - Imposition of special assessment or general business license and occupation tax.

9-55-2. Imposition of special assessment or general business license and occupation tax.Any municipality may impose a special assessment upon the property within a business improvement district in the municipality or a general business license and occupation tax on businesses and users of space within a business improvement district or both. Source: SL 1986, ch 81, §2; SL 2003, ch 47, §2.
SD Codified L § 9-55-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-3 - Uses to which generated funds may be put.

9-55-3. Uses to which generated funds may be put.Any money generated pursuant to §9-55-2 may be used for any one or more of the following purposes:(1)The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area;(2)Improvement of any public place or facility in the district area, including landscaping and plantings;(3)Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;(4)Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;(5)Creation and implementation of a plan for improving the general architectural design of public areas in the district area;(6)The development of any activities and promotion of the district area;(7)Maintenance, repair, and reconstruction of any improvements or facilities authorized by this chapter;(8)Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature;(9)Enforcement of parking regulations within the district area; and(10)Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of this chapter. Source: SL 1986, ch 81, §3; SL 2005, ch 54, §1.
SD Codified L § 9-55-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-4 - Creation of business improvement district--Established business area.

9-55-4. Creation of business improvement district--Established business area.A municipality may create a business improvement district only as provided by this chapter. A municipality that has not adopted any zoning ordinance pursuant to §9-12-13 may create a business improvement district anywhere within the boundaries of the municipality. If a municipality has adopted a zoning ordinance pursuant to §9-12-13, the municipality may create a business improvement district only within the boundaries of an established business area that is zoned for business, public, or commercial purposes. For purposes of this chapter, an established business area, may include noncontiguous property within the incorporated municipality that has a common zoning designation. Any business improvement district that includes noncontiguous property pursuant to this section may, by resolution of the governing body, add qualifying property to the business improvement district. Source: SL 1986, ch 81, §4; SL 2005, ch 54, §2; SL 2007, ch 41, §1; SL 2018, ch 56, §1.
SD Codified L § 9-55-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-5 - Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan.

9-55-5. Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan.The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to §9-55-2. Source: SL 1986, ch 81, §5.
SD Codified L § 9-55-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-6 - Composition of board--Vacancies--Terms--Officers.

9-55-6. Composition of board--Vacancies--Terms--Officers.The board shall consist of no less than five members to serve such terms as the governing body, by resolution, determines. The mayor, with the approval of the governing body, shall fill any vacancy for the remainder of the term vacated. A member of such board may serve more than one term. The board shall select from its members a chairperson and a secretary. Source: SL 1986, ch 81, §6.
SD Codified L § 9-55-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-7 - Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.

9-55-7. Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.Upon receiving a recommendation from the business improvement board, the governing body may create one or more business improvement districts by adopting a resolution of intent to establish a district or districts. The resolution shall contain the following information:(1)A description of the boundaries of any proposed district;(2)The time and place of a hearing to be held by the governing body to consider establishment of a district or districts;(3)The proposed public facilities and improvements to be made or maintained within any such district; and(4)The proposed or estimated costs for improvements, facilities and activities within any district, and the method by which the revenue shall be raised. If a special assessment is proposed, the resolution also shall state the proposed method of assessment.The notice of intent shall recite that the method of raising revenue shall be fair and equitable. In the use of a general occupation tax, the tax shall be based primarily on the square footage of the owner's and user's place of business or based on rooms rented by any lodging establishment to transient guests as defined in §10-45-7. If the occupational tax is based on rooms rented by a lodging establishment, the tax shall be imposed on the transient guest and such tax may not exceed two dollars per occupied room per night. However, no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no fee or rent was charged for such room. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district. Source: SL 1986, ch 81, §7; SL 2005, ch 54, §3.
SD Codified L § 9-55-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-8 - Notice of hearing.

9-55-8. Notice of hearing.A notice of a hearing required under subdivision 9-55-7(2) shall be given by mailing a complete copy of the resolution of intent to each owner of taxable property as shown on the property tax roll for the proposed district. If an occupation tax is to be imposed, a copy of the resolution of intent shall also be mailed to the occupant of each address located in the proposed district. Mailing shall be completed at least thirty days prior to the time of hearing. Source: SL 1986, ch 81, §8; SL 1990, ch 68, §2; SL 2006, ch 35, §1.
SD Codified L § 9-55-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-9 - Petition for hearing.

9-55-9. Petition for hearing.The owners of a majority of the assessable front footage in a business area or the users of a majority of space in a business area may, by petition, direct the governing body to hold a hearing to create a district pursuant to this chapter. Source: SL 1986, ch 81, §9; SL 1990, ch 68, §3.
SD Codified L § 9-55-10 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-10 - Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.

9-55-10. Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.If a hearing is held under subdivision 9-55-7(2), the governing body shall:(1)Hear all protests and receive evidence for or against the proposed action;(2)Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and(3)Continue the hearing from time to time as the governing body deems necessary.If a special assessment is to be used, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the assessable front footage in the proposed district. If an occupation tax is to be used, the proceedings shall terminate if protest is made by the users of a majority of the space in the proposed district. If the general occupational tax is based upon rented hotel and motel rooms pursuant to §9-55-7, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the hotels and motels in the proposed district.Any bonds for the construction of a convention facility that are payable from the proceeds of the hotel and motel room general occupational tax may only be issued and sold if at least two-thirds of the hotel and motel owners in the proposed district approve in writing of the issuance and sale of the bonds. Source: SL 1986, ch 81, §10; SL 1990, ch 68, §4; SL 2004, ch 79, §1; SL 2005, ch 54, §4.
SD Codified L § 9-55-11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 55 - Business Improvement Districts|Section 9-55-11 - Procedure for change of boundaries.

9-55-11. Procedure for change of boundaries.If the governing body decides to change the boundaries of a proposed district, the hearing shall be continued to a time at least thirty days after such decision and the notice shall be given as prescribed in §9-55-8, showing the boundary amendments. However, no new or additional resolution of intent is required for a proposed change in the boundary of a district. Source: SL 1986, ch 81, §11; SL 1990, ch 68, §5.