reglab/housing_qa huggingface dataset:
SD Codified L § 9-41A-42 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-42 - State approval not required for bonds and notes--Establishment and pledge of rents and charges.

9-41A-42. State approval not required for bonds and notes--Establishment and pledge of rents and charges.Bonds or notes of a municipal power agency may be issued under the provisions of this chapter, and rents, rates, and charges may be established pursuant to §9-41A-54 and pledged for the security of bonds or notes and interest and redemption premiums thereon, without obtaining the consent of any department, division, commission, board, bureau, or agency of the State of South Dakota and without any other proceeding or the happening of any other condition or occurrence except as specifically required by this chapter. Source: SL 1978, ch 66, §40.
SD Codified L § 9-41A-43 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-43 - Negotiability of bonds and notes.

9-41A-43. Negotiability of bonds and notes.All bonds and notes of a municipal power agency shall be negotiable within the meaning and for all the purposes of the Uniform Commercial Code, subject only to any registration requirement. Source: SL 1978, ch 66, §36.
SD Codified L § 9-41A-44 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-44 - Continuing validity of officers' signatures on bonds and notes--Temporary bonds.

9-41A-44. Continuing validity of officers' signatures on bonds and notes--Temporary bonds.Any bonds or notes may be issued and delivered, notwithstanding that one or more of the officers executing them shall have ceased to hold office at the time when the bonds or notes are actually delivered. Pending preparation of definitive bonds, a municipal power agency may issue temporary bonds which shall be exchanged for the definitive bonds. Source: SL 1978, ch 66, §38.
SD Codified L § 9-41A-45 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-45 - Sale of bonds and notes.

9-41A-45. Sale of bonds and notes.Bonds or notes of a municipal power agency may be sold at public or private sale for a price and in a manner determined by the agency. Source: SL 1978, ch 66, §39.
SD Codified L § 9-41A-46 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-46 - Bonds and notes as legal investments for public, corporate and fiduciary funds.

9-41A-46. Bonds and notes as legal investments for public, corporate and fiduciary funds.The State of South Dakota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all personal representatives, conservators, trustees, and other fiduciaries, may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter, and the bonds or notes shall be authorized security for any and all public deposits. Source: SL 1978, ch 66, §50; SL 1993, ch 213, §80.
SD Codified L § 9-41A-48 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-48 - Encumbrance of property to secure bonds and notes--Filings.

9-41A-48. Encumbrance of property to secure bonds and notes--Filings.For the security of bonds or notes issued, or to be issued, by a municipal power agency, the municipal power agency may mortgage or execute deeds of trust of the whole or any part of its property and franchises in the same manner and with the same effect as provided for public utilities in §49-34-9. Any mortgage or deed of trust and any assignment or discharge thereof shall be filed and recorded in the Office of the Secretary of State with the same force and effect as provided in §§49-34-11 and 49-34-12. All filings required under the Uniform Commercial Code to perfect a security interest against the personal property or fixtures of a municipal power agency shall be made and maintained in the Office of the Secretary of State, with the same force and effect as provided in the case of a debtor public utility under the provisions of §§57A-9-403.1 to 57A-9-403.5, inclusive. Source: SL 1978, ch 66, §42.
SD Codified L § 9-41A-49 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-49 - Officers and members of agency not personally liable on bonds or notes.

9-41A-49. Officers and members of agency not personally liable on bonds or notes.Neither the officials, the directors, nor the members of a municipal power agency nor any person executing bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof. Source: SL 1978, ch 66, §43.
SD Codified L § 9-41A-50 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-50 - Repurchase of bonds and notes--Cancellation or resale.

9-41A-50. Repurchase of bonds and notes--Cancellation or resale.A municipal power agency may purchase, out of any funds available therefor, bonds or notes, and to hold, pledge, cancel, or resell the bonds or notes, subject to and in accordance with any agreements with the holders. Source: SL 1978, ch 66, §44.
SD Codified L § 9-41A-51 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-51 - Condemnation under power of eminent domain--Continuing power.

9-41A-51. Condemnation under power of eminent domain--Continuing power.Except as otherwise provided by §9-41A-52, a municipal power agency may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35. The authority of a municipal power agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust it. Source: SL 1978, ch 66, §46.
SD Codified L § 9-41A-52 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-52 - Property already used for electric power not subject to condemnation.

9-41A-52. Property already used for electric power not subject to condemnation.A municipal power agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing, under construction, or being planned, of facilities for the generation, transmission, or distribution of electric power. Source: SL 1978, ch 66, §46.
SD Codified L § 9-41A-53 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-53 - Exemption from bidding and performance bond requirements applicable to public contracts.

9-41A-53. Exemption from bidding and performance bond requirements applicable to public contracts.A municipal power agency may contract for planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of generation and transmission facilities outside of the corporate limits of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds as required for other public contracts in §5-21-1, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a bond is secured, no lien may be filed under chapter 44-9 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby. Source: SL 1978, ch 66, §49.
SD Codified L § 9-41A-54 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-54 - Establishment of rates, charges and reserves.

9-41A-54. Establishment of rates, charges and reserves.A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal power agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more debt service funds for the retirement of principal. Source: SL 1978, ch 66, §47.
SD Codified L § 9-41A-55 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 41A - Municipal Power Agencies|Section 9-41A-55 - Pledge of revenues to bonds, notes and contractual obligations.

9-41A-55. Pledge of revenues to bonds, notes and contractual obligations.A municipal power agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of the moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owed by it under any contract. Source: SL 1978, ch 66, §47.
SD Codified L § 9-42-1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-1 - Definition of terms.

9-42-1. Definition of terms.The words "local improvements" as used in this chapter shall mean and include all such public buildings, public works, and improvements or the repair thereof. Source: SDC 1939, §45.1501 as added by SL 1939, ch 189, §1; SL 1953, ch 260, §1.
SD Codified L § 9-42-2 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-2 - Approval required for use of municipal funds for private benefit or improvements outside corporate limits.

9-42-2. Approval required for use of municipal funds for private benefit or improvements outside corporate limits.No claim against any municipality shall be allowed or paid for making improvements for the benefit of private individuals within the corporate limits nor in third class municipalities for grading, draining, or bridging outside of the corporate limits, without a majority vote of all the voters of the municipality. Source: PolC 1877, ch 24, §25; CL 1887, §1046; RPolC 1903, §1444; SL 1907, ch 1; RC 1919, §6346; SDC 1939, §45.1411; SL 1992, ch 60, §2.
SD Codified L § 9-42-3 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-3 - Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized statement of costs.

9-42-3. Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized statement of costs.Every municipality shall have power to provide for and regulate the construction of local improvements by day's pay in the cases provided by this title.The governing body may direct any local improvement except local improvements for which special assessments are to be levied to be done by day's work if the reasonable cost thereof is not in excess of fifteen hundred dollars. An estimate of the cost thereof shall be prepared by the city engineer, if there be a city engineer, or by the governing body if there be no city engineer, and filed for public inspection in the city engineer's office or in the office of the governing body, at least five days before any such local improvement by day's work shall be directed.Whenever any such improvement is done by day's work, upon the completion thereof the auditor shall prepare and file forthwith for public inspection in his office an itemized statement of the cost paid out or incurred in the construction of such improvement, verified by him. Source: SL 1921, ch 297; SL 1921, ch 305; SDC 1939, §§45.0201 (88), 45.1501; SL 1939, ch 189, §1; SL 1953, ch 260, §1; SL 1971, ch 68.
SD Codified L § 9-42-4 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-4 - Plans and specifications for local improvements--Notice and advertising for bids.

9-42-4. Plans and specifications for local improvements--Notice and advertising for bids.If any local improvement other than a sidewalk or bulkhead is ordered by the governing body, the governing body shall have plans and specifications prepared and filed in the office of the auditor or clerk. The governing body shall designate a time, not less than two weeks from the date of the filing, at which sealed bids for the construction of the improvement will be received.The governing body shall publish notice in the official paper, or elsewhere if deemed advisable, in accordance with the provisions of chapters 5-18A and 5-18B. The notice shall specify whether the improvement shall be paid for in cash or by special assessment certificates and the rate of interest which the certificates shall bear. Source: SL 1909, ch 110; RC 1919, §6348; SDC 1939, §45.1502; SL 1972, ch 34, §3; SL 1979, ch 59, §1; SL 1983, ch 28, §22; SL 2011, ch 2, §117.
SD Codified L § 9-42-5 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-5 - Construction and repair contracts awarded on competitive bids--Rejection of bids and readvertisement.

9-42-5. Construction and repair contracts awarded on competitive bids--Rejection of bids and readvertisement.Any contract for the construction or repair of a public building or for public works or improvements, and any contract for material used therefor and equipment purchased or rented in connection therewith, and any contract for local improvements for which a special assessment is to be levied, except as provided in this chapter and as provided in chapters 5-18A and 5-18B, shall be let to the lowest responsible bidder in accordance with the provisions of chapters 5-18A and 5-18B.The governing body may reject all bids and readvertise for proposals, if none of the bids are satisfactory or if the governing body believes any agreement has been entered into between the bidders to prevent competition. Source: SL 1890, ch 37, art XVI, §15; SL 1890, ch 37, art XX, §4; RPolC 1903, §1344; SL 1909, ch 110, §8; RC 1919, §6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, §45.1501; SL 1939, ch 189, §1; SL 1953, ch 260, §1; SL 2011, ch 2, §118.
SD Codified L § 9-42-6 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-6 - Plans prepared and contract awarded by state or federal agency financing local improvement.

9-42-6. Plans prepared and contract awarded by state or federal agency financing local improvement.Whenever any local improvement is to be financed in whole or in part by any agency of the state or federal government, whether or not such improvement is also to be financed in part by special assessments to be levied upon property within the municipality, the plans and specifications therefor may be prepared and the contract therefor may be advertised and awarded by or under the direction of such state or federal agency, in accordance with the laws applicable to such agency, with like effect in all respects as if such plans and specifications had been prepared and such contract had been awarded by the municipality. Source: SDC 1939, §45.1501 as added by SL 1953, ch 260, §1.
SD Codified L § 9-42-7 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-7 - Combining improvements for purposes of plans and contract--Allocation of costs.

9-42-7. Combining improvements for purposes of plans and contract--Allocation of costs.Two or more local improvements, the proceedings for which have been or are to be instituted separately, due to differences in the areas to be served by such improvements or the type of work involved therein, may be governed by a single set of plans and specifications and a single contract, and such plans and specifications and contract may also include work inside or outside of the municipality which is to be financed solely by such state or federal agency, if such method of advertising and award shall be deemed most feasible and economical by the governing body and by said agency, but in this event the governing body shall take the necessary steps to assure that the contract and incidental costs are allocated on a reasonable basis to the respective improvements involved. Source: SDC 1939, §45.1501 as added by SL 1953, ch 260, §1.
SD Codified L § 9-42-8 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-8 - Engineer's estimate of costs to be paid by municipality, state and federal agency--Basis for special assessments--Revision of estimate on completion of work.

9-42-8. Engineer's estimate of costs to be paid by municipality, state and federal agency--Basis for special assessments--Revision of estimate on completion of work.In the event that any improvement covered by such a contract as described in §§9-42-6 and 9-42-7 is to be financed in part by special assessments, the city engineer, or the governing body if there be no city engineer, upon the award of such contract, shall make and file for public inspection in the city engineer's office or in the office of the governing body an estimate of the portion of the cost thereof to be paid by the municipality under the terms of said contract and the agreement made with such state or federal agency for the financing thereof, plus any incidental costs necessary to be paid by the first or second class municipality for the completion of the improvement, and such estimate, when approved by the governing body, shall constitute the basis for the special assessments to be levied as now provided by statute. Such estimate shall be subject to revision in the course of or upon the completion of the work, as the facts may appear, and supplemental assessments may be levied upon the basis of any such revised estimate in the manner provided by law. Source: SDC 1939, §45.1501 as added by SL 1953, ch 260, §1; SL 1992, ch 60, §2.
SD Codified L § 9-42-9 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-9 - Validation of local improvement proceedings prior to 1953.

9-42-9. Validation of local improvement proceedings prior to 1953.In all cases where, prior to July 1, 1953, contracts for local improvements have been awarded in accordance with the procedure prescribed in §§9-42-3 to 9-42-8, inclusive, all such proceedings, and all special assessments levied on the basis of such contracts prior to July 1, 1953, are legalized and validated. Source: SL 1953, ch 260, §2; SDC Supp 1960, §45.1501-1.
SD Codified L § 9-42-12 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-12 - Approval and adoption of work required before payment--Progress payments--Interest on delayed payments.

9-42-12. Approval and adoption of work required before payment--Progress payments--Interest on delayed payments.No payment may be made upon any contract for any local improvement until the work is approved and adopted by resolution of the governing body. However, the contracts may permit progress payments, but an amount necessary to complete the improvement shall be retained from the final payment until the contract is executed in full and the public improvement completed to the satisfaction and acceptance of the public corporation or its governing body. Further, if the contractor has furnished the governing body all required records and reports and a final inspection has been made, the governing body shall pay to the contractor interest as set by the governing body at a rate of not less than the Category E rate of interest as established by §54-3-16 on the amounts retained and on the final payment due the contractor, beginning thirty days after the work under the contract has been completed, as evidenced either by the completion date established by the resolution of the governing body or by the use and occupancy of the public improvement. The interest shall continue until the date when payment is tendered to the contractor, unless delay in payment has been the result of federal participation in the contract, in which event interest may not begin until thirty days after payment by the federal authority involved. Source: SL 1890, ch 37, art XX, §5; RPolC 1903, §1345; RC 1919, §6351; SL 1931, ch 187; SDC 1939, §45.1505; SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, §1; SL 1983, ch 28, §23; SL 1984, ch 319, §8; SL 1987, ch 57, §2.
SD Codified L § 9-42-12.1 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-12.1 - Payments from general fund of municipality.

9-42-12.1. Payments from general fund of municipality.If progress payments or final payment become due under the provisions of §9-42-12 and if the improvements are to be financed by bonds authorized under the provisions of chapter 9-44 and the bonds have not been sold, the municipality may transfer the necessary funds from general funds in order to make the payments. Source: SL 1981, ch 74.
SD Codified L § 9-42-13 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 42 - Construction Of Local Improvements|Section 9-42-13 - Payment due on occupancy of improvement before completion.

9-42-13. Payment due on occupancy of improvement before completion.In the event the governing body elects to use and occupy the public improvement before completion, the governing body shall pay all amounts due under the contract except double the amount its architect or engineer shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until thirty days after said work has been fully completed. Source: SDC 1939, §45.1505 as added by SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, §2.
SD Codified L § 9-43-75 (2021)
2021 South Dakota Codified Laws|Title 9 - Municipal Government|Chapter 43 - Special Assessments And Financing Of Improvements|Section 9-43-75 - Local improvement defined.

9-43-75. Local improvement defined.For purposes of this chapter, the term, local improvement, means the process of building, altering, repairing, improving, or demolishing any local infrastructure facility, including any structure, building, or other improvement of any kind to real property, the cost of which is payable from taxes or special assessments. Source: SL 2012, ch 57, §3.