reglab/housing_qa huggingface dataset:
SD Codified L § 9-40-35 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 40 - Utility Facilities And Revenue Bonds|Section 9-40-35 - Termination of receivership and restoration of municipal control.

9-40-35. Termination of receivership and restoration of municipal control.When and if the default described in §9-40-33 be made good through the operation of such utility by such receiver, then such utility and the operation and control thereof shall be restored to the proper municipal authorities by court order. Source: SL 1931, ch 194, §8; SDC 1939, §45.2408.
SD Codified L § 9-40-37 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 40 - Utility Facilities And Revenue Bonds|Section 9-40-37 - Sale and lease-back arrangements for waterworks and waste disposal facilities.

9-40-37. Sale and lease-back arrangements for waterworks and waste disposal facilities.The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to §§5-12-15, 5-12-19 and 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale, and leaseback of land, improvements and equipment comprising all or a portion of a system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes, and any system or part of system for the collection, treatment, and disposal of sewage and other domestic, commercial, and industrial wastes, together with extensions, additions, and necessary appurtenances all as provided in this chapter. However, the proceeds of the sale of any such facilities are subject to §6-13-8. Source: SL 1985, ch 66, §1; SL 1988, ch 64, §§8, 54; SL 1989, ch 30, §23.
SD Codified L § 9-40-38 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 40 - Utility Facilities And Revenue Bonds|Section 9-40-38 - Sale of waterworks and waste disposal facilities--Conditions.

9-40-38. Sale of waterworks and waste disposal facilities--Conditions.Subject only to the limitation hereinafter set forth, the governing body of a municipality may by ordinance authorize the sale of land, improvements and capital equipment comprising all or a portion of a system or part of system of waterworks, or sewage and waste disposal described in §9-40-1. Any sale made pursuant to this section is subject to the following conditions:(1)The sale price shall be not less than the greater of an amount equal to the depreciated value of the facilities sold or an amount sufficient to pay, redeem, or discharge all outstanding indebtedness of the municipality incurred with respect to the facilities sold;(2)The sale proceeds are subject to §6-13-8; and(3)At the time of sale the municipality shall enter into a franchise agreement, a utility service contract, or other contract, requiring the purchaser to furnish to the municipality, its residents and users located in the area now served by the facilities sold, utility service, at such rates as are approved by the municipality or another governmental entity having rate regulating authority, if any, and on such further terms and conditions as are determined by the municipality's governing body. The municipality may enter into all other contracts considered necessary or desirable with respect to the facility being sold, including but not limited to, contracts relating to the operation, maintenance, insurance, improvements, replacement, and extension of the facilities sold or similar new facilities to be operated in conjunction therewith by the municipality or the other contracting party. Source: SL 1985, ch 66, §2; SL 1988, ch 64, §§8, 54; SL 1989, ch 30, §24.
SD Codified L § 9-40-39 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 40 - Utility Facilities And Revenue Bonds|Section 9-40-39 - Tax exemption of waterworks and waste disposal facilities.

9-40-39. Tax exemption of waterworks and waste disposal facilities.All land, improvements and capital equipment owned, leased, acquired, or operated by the municipality pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract, or pursuant to an operating contract described in §9-40-38 constitute a separate class of property which is exempt from all taxation. Source: SL 1985, ch 66, §3.
SD Codified L § 9-40-40 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 40 - Utility Facilities And Revenue Bonds|Section 9-40-40 - Sale and lease-back powers additional--Restrictions.

9-40-40. Sale and lease-back powers additional--Restrictions.The powers conferred by §§9-40-37 and 9-40-38 are in addition to all other powers conferred upon the governing body of any municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restriction or procedural requirements prescribed by any other law. Source: SL 1985, ch 66, §4.
SD Codified L § 9-40-41 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 40 - Utility Facilities And Revenue Bonds|Section 9-40-41 - Drainage utility fund--Fees.

9-40-41. Drainage utility fund--Fees.A governing body that establishes a flood or drainage control utility may adopt the same fee structure authorized for drainage basin utility districts in §§46A-10B-20, 46A-10B-21, and 46A-10B-22. Any fees collected pursuant to this section shall be placed in a special fund and may only be used to pay for new drainage improvements, maintenance of existing drainage improvements, and operation of the drainage utility. The provisions of §§46A-10B-24, 46A-10B-25, and 46A-10B-28 also apply to any fees collected by a municipality pursuant to this section. Source: SL 2013, ch 39, §2.
SD Codified L § 9-41-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-1 - Power of municipality to establish and operate telephone system--Connection and joint operation with rural telephone system.

9-41-1. Power of municipality to establish and operate telephone system--Connection and joint operation with rural telephone system.Every first or second class municipality by itself or in conjunction with others within or without such municipality, subject to the supervision of the Public Utilities Commission as otherwise provided by law, may establish, maintain, operate, and regulate a telephone system and related services for its customers, and such power shall include, without being limited by this section, the power to contract with the owners of rural telephone lines serving the surrounding area and, under such contracts, the municipality may build and maintain telephone lines or cable to connect with the rural lines at the boundaries of the municipality and the municipality may perform the switching service for such rural telephone lines, or permit the owner of such rural lines to do the switching in the central office of the municipality on a lease basis, and, in general, facilitate telephone service between the municipality and the country, and, if such rural lines are financed in whole or in part by the United States government or an agency thereof, such contract or lease between the municipality and the owner of the rural lines may be for the duration of the loan made by the government or its agency. Source: SL 1907, ch 88; RC 1919, §6170 (7); SDC 1939, §45.0202 (12); SL 1955, ch 198; SL 1984, ch 60; SL 1992, ch 60, §2.
SD Codified L § 9-41-1.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-1.1 - Purchase of equipment for resale.

9-41-1.1. Purchase of equipment for resale.Notwithstanding the provisions of chapter 5-18A or any of the provisions of Title 9 regarding the sale and purchase of property, a municipality operating a telephone system pursuant to §9-41-1 may lease and purchase equipment for resale to its customers and may contract for services relating to the lease, purchase, sale, installation, and maintenance of such property, in a manner and for a price and terms determined by the governing body. If practicable the governing body shall secure at least two competitive quotations and retain them for its files. Source: SL 1982, ch 80; SL 2011, ch 2, §116.
SD Codified L § 9-41-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-2 - Revenue bonds authorized--Issuance--Sale--Segregated revenue or income.

9-41-2. Revenue bonds authorized--Issuance--Sale--Segregated revenue or income.To pay the cost of the improvement, expansion, reconstruction, and operation of telephone lines or facilities, every municipality may borrow money and issue negotiable bonds, without pledging or using the credit of the municipality. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B. Bonds issued pursuant to this section may be payable solely from the revenue or income derived from the operation of the facilities that were constructed, expanded, or improved. The municipality may, in a resolution or ordinance authorizing the bonds, provide that all or any portion of the revenue or income from the facilities to be constructed, expanded, or improved, or any part thereof, shall be segregated from the other revenue or income of the facilities, and that only the segregated portion of the revenue or income shall be used for the payment of such bonds. The municipality may establish a special charge or surcharge for the services of the facilities financed by the bonds. However, the municipality shall obtain Public Utilities Commission approval before establishing a special charge or surcharge on any services which are regulated. If the bonds are payable solely from such segregated revenue or income, no election is required to authorize the issuance of the bonds, unless required by S.D. Const., Art. XIII, §4. Source: SL 1953, ch 275, §1; SDC Supp 1960, §45.24C01; SL 1982, ch 75, §9; SL 1984, ch 43, §82; SL 1995, ch 51.
SD Codified L § 9-41-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-3 - Additional bonds authorized when original issue insufficient--Priority of issues.

9-41-3. Additional bonds authorized when original issue insufficient--Priority of issues.If the governing body finds that the bonds authorized by the original resolution or ordinance shall be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued, and disposed of under the procedure provided in this chapter, but the additional issues shall be junior to all prior issues, unless provision has been made in the contract and covenants of the first or second class municipality with the holders of the original bonds for the issuance of additional bonds on a parity therewith. Source: SL 1953, ch 275, §6; SDC Supp 1960, §45.24C06; SL 1984, ch 43, §83; SL 1992, ch 60, §2.
SD Codified L § 9-41-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-4 - Ordinance provisions for operation of system and security of bondholders.

9-41-4. Ordinance provisions for operation of system and security of bondholders.A municipality so improving, expanding, or reconstructing its telephone lines or facilities may provide by ordinance or resolution duly adopted by its governing body any such lawful provisions and stipulations for the proper operation and maintenance thereof, the administration of the income and revenues, and for the security of the bondholders as a governing body may deem necessary. Source: SL 1953, ch 275, §7; SDC Supp 1960, §45.24C07.
SD Codified L § 9-41-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-7 - Bondholders' statutory mortgage on telephone improvements--Disposition of system prohibited until bonds retired.

9-41-7. Bondholders' statutory mortgage on telephone improvements--Disposition of system prohibited until bonds retired.There shall be a statutory mortgage lien upon the improvements, expanded or reconstructed telephone plant in favor of and for the equal benefit of the lawful holders of said bonds and interest coupons, and each of them, but no such lien shall attach to or become a charge upon or against those portions of the municipality's telephone lines or facilities which were not improved, expanded, or reconstructed with the proceeds of the revenue bonds. Until all such bonds are fully paid with interest, the municipality shall not sell or otherwise dispose of its improved, expanded, or reconstructed telephone lines or facilities and shall not establish, authorize, or grant a franchise for the operation of any other telephone company for furnishing exchange telephone service in competition with the municipal telephone lines and facilities within the municipal limits. Source: SL 1953, ch 275, §3; SDC Supp 1960, §45.24C03.
SD Codified L § 9-41-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-8 - Pledge of telephone revenues to separate fund--Separate account for bond payments and reserve--Depreciation account and operational expenses.

9-41-8. Pledge of telephone revenues to separate fund--Separate account for bond payments and reserve--Depreciation account and operational expenses.At or before the issuance of such revenue bonds, the governing body by ordinance or resolution shall set aside, appropriate, and pledge the income and revenues of its telephone lines and facilities, or such specified portion thereof as shall be determined by the governing body into a separate fund or funds thereby used and applied in payment of the cost thereof and in the maintenance, operation, repair, and depreciation thereof. Said ordinance or resolution shall provide that so much of the revenues from the telephone lines or facilities as shall be necessary shall be set apart in a separate account and applied to the payment and interest of such revenue bonds and the accumulation of such reserve therefor as may be determined by the governing body to be necessary, and shall fix and determine as near as may be the monthly or annual proportion or amount of such income and reserve which is to be set aside as a proper and adequate depreciation account, and the balance shall be set aside and applied to the extent for the reasonable and proper operation and maintenance thereof. Source: SL 1953, ch 275, §4; SDC Supp 1960, §45.24C04.
SD Codified L § 9-41-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-9 - Rates supervised by Public Utilities Commission--Sufficient for bond retirement and operation.

9-41-9. Rates supervised by Public Utilities Commission--Sufficient for bond retirement and operation.The rates to be charged by the municipality for the telephone service shall be subject to the supervision of the Public Utilities Commission and shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due and to provide for the operation and maintenance and repairs thereof and depreciation and shall be revised from time to time with the consent of the Public Utilities Commission so as to produce these amounts. Source: SL 1953, ch 275, §4; SDC Supp 1960, §45.24C04.
SD Codified L § 9-41-10 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-10 - Transfer of surplus to depreciation account.

9-41-10. Transfer of surplus to depreciation account.If any surplus shall be accumulated at any time in the operation and maintenance fund, in excess of a reasonable reserve for current and anticipated expenses of operation and expenses, any such excess may be transferred at any time by the governing body to the depreciation account to be used for any improvements, expansion, or reconstruction of the municipality's telephone lines or facilities, or for the redemption of any bonds which constitute a lien on the earnings of the telephone lines or facilities, as and when the same become redeemable by their terms. Source: SL 1953, ch 275, §5; SDC Supp 1960, §45.24C05.
SD Codified L § 9-41-11 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41 - Municipal Telephone Systems|Section 9-41-11 - Severability of chapter and resolutions.

9-41-11. Severability of chapter and resolutions.If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of this chapter or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of this chapter, and the provisions and applications of this chapter are declared to be severable. Source: SL 1953, ch 275, §8; SDC Supp 1960, §45.24C08.
SD Codified L § 9-41A-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-2 - Formation of agency by agency agreement.

9-41A-2. Formation of agency by agency agreement.Two or more first or second class municipalities may form a municipal power agency by the execution of an agency agreement authorized by a resolution of the governing body of each municipality. Source: SL 1978, ch 66, §2; SL 1992, ch 60, §2.
SD Codified L § 9-41A-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-3 - Contents of agency agreement.

9-41A-3. Contents of agency agreement.The agency agreement authorized in §9-41A-2 shall state:(1)That the municipal power agency is created and incorporated under the provisions of this chapter as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state;(2)The name of the agency, which shall include the words "municipal power agency";(3)The names of the first and second class municipalities which have approved the agency agreement and are the initial members of the municipal power agency;(4)The names and addresses of the persons initially appointed by the resolutions approving the agreement to act as the representatives or alternate representatives of the first and second class municipalities, respectively, in the exercise of their powers as members;(5)Limitations upon the terms of representatives or alternate representatives of the respective member first and second class municipalities, provided that the representatives or alternate representatives shall be selected and vacancies in their offices declared and filled by resolutions of the governing bodies of the respective municipalities;(6)The names of the initial board of directors of the municipal power agency, who shall be not less than three persons who are representatives of the respective member first and second class municipalities, selected by the representatives; or the agreement may provide that the representatives of the member municipalities from time to time shall be and constitute the board of directors;(7)The location by municipality, or other community in the state, of the registered office of the municipal power agency;(8)That the first and second class municipalities which are members of the municipal power agency are not liable for its obligations; and(9)Any other provision for regulating the business of the municipal power agency or the conduct of its affairs which may be agreed by the member first and second class municipalities. Source: SL 1978, ch 66, §3; SL 1992, ch 60, §2.
SD Codified L § 9-41A-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-4 - Filing of agency agreement and resolutions--Certificate issued.

9-41A-4. Filing of agency agreement and resolutions--Certificate issued.The agency agreement and a certified copy of the resolution of the governing body of each first or second class municipality shall be filed with the secretary of state. If the agency agreement conforms to the requirements of this section, the secretary of state shall record it and issue and record a certificate of incorporation. The certificate shall state the name of the municipal power agency and the date of incorporation. Source: SL 1978, ch 66, §4; SL 1992, ch 60, §2.
SD Codified L § 9-41A-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-5 - Commencement of corporate existence--Certificate as evidence of incorporation.

9-41A-5. Commencement of corporate existence--Certificate as evidence of incorporation.Upon the issuance of the certificate of incorporation, the existence of the municipal power agency as a political subdivision of the state and a municipal corporation shall begin. The certificate of incorporation shall be conclusive evidence of the due and valid incorporation of the municipal power agency. Source: SL 1978, ch 66, §4.
SD Codified L § 9-41A-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-6 - Powers of city representatives--Meetings--Quorum.

9-41A-6. Powers of city representatives--Meetings--Quorum.Except as otherwise provided in the agency agreement or the bylaws, the duly authorized representatives of each member first or second class municipality shall act as, and vote on behalf of, the municipality. An alternate representative may be appointed by a member municipality and, in the absence of the representative, may act as, and vote on behalf of, the municipality except where the agency agreement or bylaws provide otherwise, representatives of the member municipalities shall hold at least one meeting each year for the election of directors and for the transaction of any other business. Unless the agency agreement or bylaws prescribe otherwise, special meetings of the representatives may be called for any purpose upon written request to the president or secretary to call the meeting. The officer shall give notice of the meeting to be held between three and sixty days after receipt of the request. Unless the agency agreement or bylaws provide for a different percentage, a quorum for a meeting of the representatives of the member municipalities is a majority of the total representatives. Source: SL 1978, ch 66, §10; SL 1992, ch 60, §2.
SD Codified L § 9-41A-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-7 - Expenses of formation of agency--City representatives' expenses.

9-41A-7. Expenses of formation of agency--City representatives' expenses.Each member first or second class municipality may appropriate money for the payment of expenses of the formation of the municipal power agency and of its representative in exercising its functions as a member of the agency. Source: SL 1978, ch 66, §12; SL 1992, ch 60, §2.