reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-17 - Acquisition of water mains in newly annexed area.

9-47-17. Acquisition of water mains in newly annexed area.
Every municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any water main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
Source:
SL 1951, ch 239; SDC Supp 1960, §45.0201 (108); SL 1974, ch 81; SL 1982, ch 83, §1; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-18 - Distance between water connections.

9-47-18. Distance between water connections.
No more than one water connection shall be made for each platted lot or for each forty-four feet of frontage of unplatted ground in the residence section, and for each twenty-two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of water connections at a less number of feet.
Source:
SL 1913, ch 119, §53, subdiv 12; RC 1919, §6357; SDC 1939, §45.1906.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-21 - Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water.

9-47-21. Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water.
Any municipality may operate and maintain a system of irrigation within the municipality. The municipality may assess the cost of the system against abutting or benefited property in the manner provided by chapter 9-43, if a connection with an irrigation water supply system is available. If such a connection is not available, the providing of a means of a water supply for irrigation shall be first authorized at a regular or special election. The municipality may regulate the distribution and use of water supplied for irrigation.
Source:
SL 1923, ch 231; SDC 1939, §45.0201 (80); SL 2012, ch 57, §103.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-22 - Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality.

9-47-22. Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality.
If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. Within sixty days from the receipt of such notice, the municipality may elect to provide water service to such person. If the municipality does not so elect, the rural water system may provide such service.
Source:
SL 1989, ch 387, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-23 - Election of municipality to provide service after previously declining--Requirements of purchase.

9-47-23. Election of municipality to provide service after previously declining--Requirements of purchase.
If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to §9-47-22, and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a thirty-year straight-line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of five percent of the gross revenues received from the sale of water service to such person during the five-year period. Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.
Source:
SL 1989, ch 387, §2; SL 1994, ch 72.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-24 - Election to provide service to persons being served by rural water system--Purchase of facilities.

9-47-24. Election to provide service to persons being served by rural water system--Purchase of facilities.
If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be as set forth in §9-47-23.
Source:
SL 1989, ch 387, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-25 - Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation.

9-47-25. Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation.
If the three-mile area referred to in §9-47-24 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three-mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to §9-47-23. The provisions of §9-47-22 are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.
Source:
SL 1989, ch 387, §4.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-26 - Election to provide service to persons outside three-mile area.

9-47-26. Election to provide service to persons outside three-mile area.
If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to §9-47-23.
Source:
SL 1989, ch 387, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-27 - Certain matters negotiable for contract between parties.

9-47-27. Certain matters negotiable for contract between parties.
The provisions of §§9-47-22 to 9-47-26, inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may determine.
Source:
SL 1989, ch 387, §6.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-28 - Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities.

9-47-28. Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities.
Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, any preexisting private wells located within the municipality. The provisions of this section do not apply to municipalities of the first class . Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
Source:
SL 1989, ch 80, §1; SL 2000, ch 39, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 47 - Water Supply Systems › Section 9-47-29 - Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost.

9-47-29. Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost.
If a main, trunk, or service water line has been constructed and the cost has not been apportioned against property that may benefit as provided in this chapter or chapter 9-43, the governing body may require the owner of the property to pay the owner's proportionate share of the cost of construction, without interest, according to the benefits to accrue to the property, before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.
Source:
SL 2016, ch 52, §5.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-1 - Classification of sewers.

9-48-1. Classification of sewers.
Sewers are classified as follows:
(1)A service sewer is one designed to carry sewage or water from the property abutting upon the street or way in which it is laid into a trunk or main sewer, or into the sewer outlet, septic, or disposal plant;
(2)A trunk sewer is one designed to carry the sewage or water from any particular district or portion of the municipality as well as the sewage or water from property abutting upon the street or way in which it is laid, and of sufficient capacity to carry the sewage or water from the service sewers in the district or portion of the municipality in which it is laid, to the main sewer outlet, septic, or disposal plant;
(3)A main sewer is one designed to carry the entire sewage or water of a municipality or sewerage district to the sewer outlet, septic, or disposal plant;
(4)A sanitary sewer is one designed solely to carry sewage and wastes from buildings or structures;
(5)A storm sewer is one designed solely to carry storm or surface waters;
(6)A sewer which is not designated as either a storm sewer or sanitary sewer is one designed for use as a combined sanitary and storm sewer;
(7)The term sanitary sewer shall exclude drainage from roofs, sidewalks, roadways, streets, alleys, or other surface drainage.
Source:
RC 1919, §§6368 to 6371; SDC 1939, §45.1801; SL 1955, ch 209.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-2 - Authority to establish, construct, and maintain sewer systems--Separate fund.

9-48-2. Authority to establish, construct, and maintain sewer systems--Separate fund.
Each municipality may:
(1)Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits;
(2)Appropriate funds and levy taxes to accumulate funds for the purposes identified in this section;
(3)Establish sewer districts as provided by this title;
(4)Acquire any sewer, drain, or system of sewerage and drainage already established and constructed; and
(5)Acquire land within or without the municipality for a septic or sewage treatment plant or outlet to any main sewer and may assess the cost of the land and the cost of any necessary extension or connection of the main sewer to all the property within the sewer district benefited as provided by this title.
The proceeds of any taxes levied for the accumulation of funds under this section shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19.
Source:
SL 1890, ch 37, art XX, §2; RPolC 1903, §1229, subdiv 13; SL 1909, ch 110, §13; SL 1913, ch 119, §53, subdiv 82; RC 1919, §§6169 (14), 6380; SDC 1939, §45.0201 (84); SL 1974, ch 82; SL 1978, ch 68, §2; SL 1982, ch 82, §2; SL 2007, ch 43, §1; SL 2016, ch 53, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-3 - Real property in adjoining state.

9-48-3. Real property in adjoining state.
Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for sewerage purposes.
Source:
SL 1917, ch 317; RC 1919, §6169 (77); SDC 1939, §45.0201 (82).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-4 - Sewer pipes on private property--Discharge of sewage into stream.

9-48-4. Sewer pipes on private property--Discharge of sewage into stream.
Every municipality may construct, maintain, or authorize the construction and maintenance of sewer pipes on private property or in or along any stream of water, or empty or discharge the sewage of the municipality into any stream of water within or without its limits, subject to the provisions of chapter 34A-2, if such can be done without creating any foul or noxious odors in the air over or along such stream.
Source:
SL 1909, ch 50; RC 1919, §6169 (15); SDC 1939, §45.0201 (89); SL 1979, ch 18, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-5 - Acquisition of sewer mains in newly annexed area.

9-48-5. Acquisition of sewer mains in newly annexed area.
Every municipality shall have power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any sewer main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
Source:
SDC 1939, §45.0201 (108) as added by SL 1951, ch 239; SL 1974, ch 83; SL 1982, ch 83, §2; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-6 - General obligation bonds for financing of sewers.

9-48-6. General obligation bonds for financing of sewers.
Every municipality may issue its general obligation bonds pursuant to chapter 9-26 for the purpose of financing the construction of sewers.
Source:
SL 1921, ch 316; SDC 1939, §45.0201 (86); SL 1984, ch 43, §89.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-7 - Connections from sewers to lot line.

9-48-7. Connections from sewers to lot line.
Any municipality may regulate and provide for the laying of sewer connections from the city trunk or service sewers, to the lot line. The municipality may assess the cost against the abutting property owner as provided by chapter 9-43.
Source:
SL 1913, ch 119, §53, subdiv 12; RC 1919, §6357; SDC 1939, §45.0201 (85); SL 2012, ch 57, §104.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-15 - Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.

9-48-15. Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.
If either a main, trunk, or service sewer has been constructed and the cost has not been apportioned against property that may benefit as provided by this chapter or chapter 9-43, the governing body may require the owner of the property to pay the owner's proportionate share of the cost of the construction, without interest, according to the benefits to accrue to the property before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.
Source:
SDC 1939, §45.1824 as enacted by SL 1965, ch 214; SL 2012, ch 57, §112; SL 2016, ch 52, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-16 - Municipal purchase of private sewers.

9-48-16. Municipal purchase of private sewers.
If any person has constructed within any street or alley a private sewer that is wholly or partly within any district subsequently established as provided in this chapter, the municipality may purchase the sewer or any part of the sewer and assess the cost to the property fronting or abutting upon the sewer as provided in chapter 9-43.
Source:
SL 1909, ch 110, §16; RC 1919, §6383; SDC 1939, §45.1815; SL 2012, ch 57, §113.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-17 - Plans, specifications and cost estimate filed before purchase of sewer--Resolution.

9-48-17. Plans, specifications and cost estimate filed before purchase of sewer--Resolution.
No purchase pursuant to §9-48-16 shall be made until plans and specifications of the location, arrangement, form, and size, and material to be used in the construction of such sewer or sewers and an estimate of the cost of constructing the same at the time of making such estimate shall have been made and filed by the engineer or other competent person and a resolution providing for such purchase has become effective after notice and hearing thereon as provided in the case of a resolution to construct service sewers.
Source:
SL 1909, ch 110, §16; RC 1919, §6383; SDC 1939, §45.1815.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-18 - Property owners' protest against purchase of private sewer.

9-48-18. Property owners' protest against purchase of private sewer.
If the owners of a majority of the real property fronting or abutting on a sewer described in §9-48-16 prior to such resolution becoming effective shall file a written protest against such purchase, the governing body shall not have power to purchase the same.
Source:
SL 1909, ch 110, §16; RC 1919, §6383; SDC 1939, §45.1815.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-20 - Minimum distance between sewer connections.

9-48-20. Minimum distance between sewer connections.
No more than one sewer connection shall be made for each platted lot, or for each forty-four feet of frontage of unplatted ground, in the residence section, and for each twenty-two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of sewer connections at a less number of feet.
Source:
SL 1913, ch 119, §53, subdiv 12; RC 1919, §6357; SDC 1939, §45.1818.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-26 - Sewer utility charges established by ordinance, resolution, or with voters' approval.

9-48-26. Sewer utility charges established by ordinance, resolution, or with voters' approval.
Any municipality which has installed or plans to install sewer utilities for public use may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities, directly or indirectly. A municipality may also submit to the voters of the municipality at any general election or any special election called for such purpose the question of whether or not the municipality shall establish charges for the use of sewer utilities. If a majority of the voters voting upon the question vote in favor of the question, then the municipality may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities, directly or indirectly. For the purposes of this section the term, sewer utilities, means any main, trunk, and service sewers; sanitary and storm sewers; and septic or sewage treatment plants, drains, and manholes.
Source:
SL 1949, ch 204, §1; SDC Supp 1960, §45.1820; SL 1973, ch 57; SL 1982, ch 84, §1; SL 2007, ch 44, §1
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-27 - Factors considered in establishing sewer charges--Collection with water rentals.

9-48-27. Factors considered in establishing sewer charges--Collection with water rentals.
Such charges shall be as nearly as may be in the judgment of the governing body equitable and in proportion to the services rendered and taking into consideration in the case of each such premises the quantity of sewage therein or thereby produced and its concentration, strength, or river pollution qualities in general, and, in the case of storm drainage, taking into consideration in the case of each premises the quantity of storm runoff and may use the square footage of impervious surfaces as a basis for charges or the total square footage weighted by the classification of existing land use or total square footage weighted by zoning designation or total square footage. Such charges may be collected at the same time, place, and in conjunction with the water rentals in any municipality owning and operating the municipal water supply system and distribution system.
Source:
SL 1949, ch 204, §2; SDC Supp 1960, §45.1821; SL 1982, ch 84, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-28 - Metering of water supply to determine sewer charges--Consideration of water consumed without return to sewer system.

9-48-28. Metering of water supply to determine sewer charges--Consideration of water consumed without return to sewer system.
The metering of private water supplies produced or operated on premises served by public sewer utilities may be required. If the use or consumption of water on any premises is taken into consideration in determining the charge to be made for the use of sewer utilities serving the premises, the municipality shall consider the amount or proportion of water used on the premises that does not reach or burden the sewer utilities.
Source:
SL 1949, ch 204, §2; SDC Supp 1960, §45,1821; SL 1982, ch 84, §3; SL 2000, ch 40, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-29 - Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of fund.

9-48-29. Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of fund.
Any funds, fees, rentals, charges, or rates collected under the authority of §§9-48-26 to 9-48-28, inclusive, shall be remitted to the finance officer by the officer charged with their collection at least once each month and shall be kept in a separate fund to be known as the sewer rental fund. Such fund shall be used for the purpose of paying the cost of financing the operation, maintenance or construction of the sewer utilities. However, no part of such fund may be used to meet the cost of construction of lateral sewers serving local territory or the portion of the cost of sewer utilities which have been financed by special assessment against benefited properties. Surplus funds may be transferred in the manner described in chapter 9-21.
Source:
SL 1949, ch 204, §3; SDC Supp 1960, §45.1822; SL 1982, ch 84, §4; SL 1985, ch 67; SL 1993, ch 73, §3.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-30 - Special contract powers unimpaired.

9-48-30. Special contract powers unimpaired.
Nothing contained in §§9-48-26 to 9-48-29, inclusive, shall be construed to limit or restrict the power of municipalities to contract as granted by §9-48-32, and any contract heretofore or hereafter entered into under such power shall be in lieu of any fees, rates, rentals, or charges established under §§9-48-26 to 9-48-29, inclusive.
Source:
SL 1949, ch 204, §4; SL 1953, ch 261; SDC Supp 1960, §45.1823.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-31 - Revenue bond authority unimpaired by provisions as to sewer charges and rentals.

9-48-31. Revenue bond authority unimpaired by provisions as to sewer charges and rentals.
Nothing contained in §§9-48-26 to 9-48-29, inclusive, shall be construed to limit or restrict the power of municipalities to establish, equip, maintain, operate, extend, or improve water and sewer systems or combined water and sewer systems in the manner provided in chapter 9-40, and any statutes heretofore or hereafter enacted amendatory thereof and supplemental thereof, and to fix, impose, and collect rents and charges for the service of such utility systems, and to issue revenue bonds and make the same payable from the revenues provided by such rates and charges, and to provide lawful stipulations and covenants for the security of such bonds. The procedural requirements in chapter 9-40 shall constitute the only conditions prerequisite to the carrying out of such undertakings, the issuance of such bonds and the fixing and collection of such rates and charges. The moneys derived from such rates and charges may be used and accounted for in accordance with the provisions of chapter 9-40, and are not subject to the limitations of §§9-48-26 to 9-48-29, inclusive.
Source:
SDC Supp, §45.1823 as added by SL 1953, ch 261; SL 1980, ch 26, §21.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-32 - Special contract for disposing of private sewage or industrial waste through municipal sewage treatment plant.

9-48-32. Special contract for disposing of private sewage or industrial waste through municipal sewage treatment plant.
A municipality where a sewage treatment or septic plant is maintained may enter into a contract to connect to the plant for the purpose of treating or disposing of private sewage or industrial waste originating within the municipality or within ten miles of the corporate limits of the municipality, if the plant has the capacity to handle the sewage or industrial waste.
Source:
SL 1931, ch 190, §1; SDC 1939, §45.1811; SL 1945, ch 204; SL 1993, ch 75.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-32.1 - Sewer utility rates and charges for recovery of capital costs--Intergovernmental cooperation.

9-48-32.1. Sewer utility rates and charges for recovery of capital costs--Intergovernmental cooperation.
Notwithstanding any other provision in this chapter, any municipality, sanitary district, other political subdivision of this state, or any combination thereof which maintains, has installed, or plans to install sewer utilities for public use may establish, by ordinance or resolution, fair and equitable rates and charges for sewer utilities to be paid by the users of the sewer utilities and others connected thereto. The rates and charges may be established to recover past capital costs and pay for the capital costs of developing new capacity. For the purposes of this section, the term, capital costs, includes:
(1)Costs of construction or expansion of infrastructure that is necessary to serve a new development, including the design, surveying, engineering, environmental, and other professional fees that are directly related to the construction or expansion of the sewer utility;
(2)Land acquisition costs including the purchase of interest in land, any court award or settlement, appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition;
(3)Debt service;
(4)Rate of return including a risk premium for any potential default; and
(5)Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees.
The rates and charges may be assessed separately or added to other rates established pursuant to this chapter. Two or more municipalities, sanitary districts, political subdivisions of this state, or any combination thereof, may enter into an agreement or contract with each other, or otherwise enter into an agreement as permitted by law, for the provision of sewer utilities. For the purposes of this section, the term, sewer utility, means any main, trunk, service sewer, sanitary and storm sewer, and septic or treatment facility, drain, pumping station, lift station, interceptor, force main, manhole, flow equalization structure, and any other equipment, material, and facility related thereto.
Source:
SL 2013, ch 40, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 48 - Sewer Systems › Section 9-48-53 - Connection of plumbing fixtures to public water sewer system--Purchase or lease of preexisting private sewers--Exemption of first class municipalities.

9-48-53. Connection of plumbing fixtures to public water sewer system--Purchase or lease of preexisting private sewers--Exemption of first class municipalities.
Each building in which plumbing fixtures are installed shall connect to a public water sewer system if available. A public sewer system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, or condemn pursuant to subdivision 9-12-1(2), any preexisting private sewers located within the municipality. The provisions of this section do not apply to municipalities of the first class. Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
Source:
SL 1989, ch 80, §2; SL 2000, ch 39, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-1 - Legislative findings and policy.

9-51-1. Legislative findings and policy.
It is hereby declared that the free circulation of traffic through the streets of any municipality is necessary to the health, safety, and general welfare of the public; that the greatly increased use by the public of motor vehicles and the parking of such vehicles in the streets and the lack of adequate off-street parking facilities creates congestion, obstructs the free circulation of traffic, diminishes property values and endangers the health, safety, and general welfare of the public; that the provision of conveniently located automobile parking facilities is therefore necessary to the exercise of the police power in the regulation and control of traffic and to alleviate such conditions, and the establishment of automobile parking facilities including off-street parking facilities is deemed to be a proper public or municipal purpose.
Source:
SL 1955, ch 216, §1; SDC Supp 1960, §45.02A01.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-1.1 - Appointive board to manage parking facilities--Contents of ordinance.

9-51-1.1. Appointive board to manage parking facilities--Contents of ordinance.
Every municipality shall have power to create an appointive board of not more than seven and not less than three members in first class municipalities for the purpose of managing public parking facilities and automobile parking facilities including on-street parking facilities and to provide by ordinance the qualifications, mode of appointment, tenure of office, compensation, powers, duties of and rules and regulations governing such board.
Source:
SL 1973, ch 58, §5; SL 1974, ch 84.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-2 - Portion of parking meter revenues accumulated in parking lot and area fund--Approval of voters required--Computation of revenues.

9-51-2. Portion of parking meter revenues accumulated in parking lot and area fund--Approval of voters required--Computation of revenues.
A municipality shall be required to accumulate at least fifty percent of the revenues derived from parking meters in a special fund to be known as the "parking lot and area fund"; provided that a majority of the voters of the municipality voting at any regular or special election called for that purpose, shall have first determined that fifty percent of the revenues so derived shall be deposited and used. Fifty percent of the revenue shall mean one-half of the revenues remaining after payments on purchase price and the actual cost of repairing said meters.
Source:
SL 1951, ch 244, §2; SL 1953, ch 252, §1; SDC Supp 1960, §45.0201-1 (10); SL 1961, ch 243.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-3 - Parking meter revenues released on determination to issue bonds.

9-51-3. Parking meter revenues released on determination to issue bonds.
Any election previously held in any municipality under the provisions of §9-51-2 may be disregarded upon the determination of any municipality to issue bonds under the provisions of §§9-51-9 to 9-51-34, inclusive.
Source:
SL 1955, ch 216, §11; SDC Supp 1960, §45.02A11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-4 - Use of moneys in parking lot and area fund--Retirement of bonds as proper purpose--Use for street construction and maintenance.

9-51-4. Use of moneys in parking lot and area fund--Retirement of bonds as proper purpose--Use for street construction and maintenance.
Moneys in the parking lot and area fund referred to in §9-51-2 shall be disbursed only for the purpose of acquiring parking lots and areas, and for surfacing or otherwise improving said lots or areas making them suitable for public parking, provided that the retirement of revenue bonds or general obligation bonds issued for the financing of the purchase of parking lots and areas shall be considered as an acquisition of such properties within the meaning of this section.
When funds have accumulated in the parking lot and area fund, under the provisions of §9-51-2, and it shall be determined by a majority vote of the voters of the municipality, voting at any regular or special election, called for the purpose by the governing body, that such funds, or any portion thereof, are no longer needed for the purposes declared in this section, the governing body of such municipality may then use such funds for the construction or maintenance of the city streets.
Source:
SL 1951, ch 244, §2; SL 1953, ch 252, §§1, 2; SDC Supp 1960, §45.0201-1 (10); SL 1961, ch 243; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-5 - Utility revenue bonds and general obligation bonds authorized for acquisition, improvement, and operation of off-street parking lots.

9-51-5. Utility revenue bonds and general obligation bonds authorized for acquisition, improvement, and operation of off-street parking lots.
Every municipality shall have the power to acquire, improve, equip, operate, maintain, and regulate parking lots and areas for the off-street parking of vehicles, to fix and collect parking fees for the parking of vehicles therein and to issue its revenue bonds for such purposes in the manner and after authorization as provided by chapter 9-40 payable solely from the revenues from such parking lots and on-street or off-street parking meters and also for such purposes to issue its general obligation bonds after authorization as provided by statute for payment of which the municipality in addition to pledging its general credit may set aside or pledge in whole or in part the revenues from parking lots or parking meters, or both, operated by it.
Source:
SL 1947, ch 223; SL 1949, ch 195; SDC Supp 1960, §45.0201-1 (11).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-6 - Contract for purchase or lease of parking lot authorized--Maximum term.

9-51-6. Contract for purchase or lease of parking lot authorized--Maximum term.
The governing body of any municipality may enter into a contract for a term of years, not exceeding fifteen, for the purchase or lease by the municipality of real property to be used as a parking lot and area.
Source:
SL 1953, ch 273; SDC Supp 1960, §45.0201-1 (14).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-7 - Appraisement of property being purchased for parking lot--Maximum price.

9-51-7. Appraisement of property being purchased for parking lot--Maximum price.
Before entering into a contract for the purchase of real property under the terms of §9-51-6, the governing body shall cause such real property to be appraised by a board of three disinterested appraisers who are freeholders within the municipality or by one or more persons licensed by the state to do fee appraisals. No contract may be entered into by the governing body if the purchase price is in excess of the amount of such appraisement.
Source:
SL 1953, ch 273; SDC Supp 1960, §45.0201-1 (14); SL 1987, ch. 81.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-8 - Annual appropriations for parking lot operated under contract--Prior application of parking meter revenues.

9-51-8. Annual appropriations for parking lot operated under contract--Prior application of parking meter revenues.
If the term of such contract as described in §9-51-6 shall extend for more than one year an appropriation need not have been previously made concerning such expense except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof, and the governing body shall annually thereafter appropriate sufficient money to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year, provided, however, that at least fifty percent of the revenues derived each year from parking meters as defined by §9-51-2, shall be first applied in payment of all sums payable in any one year under such contract or contracts.
Source:
SL 1953, ch 273; SDC Supp 1960, §45.0201-1 (14).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-9 - Parking facility financing law--Definition of terms.

9-51-9. Parking facility financing law--Definition of terms.
The term "automobile parking facilities" as used in §§9-51-9 to 9-51-34, inclusive, shall include off-street parking lots, lanes, garages, ramps, buildings, or other structures and accessories used or useful in the parking of motor vehicles including parking meters and traffic devices. Such facilities may be on the surface, above or under the ground.
The term "revenue" or "revenues" as used in §§9-51-9 to 9-51-34, inclusive, shall include the moneys or proceeds from the rates, rents, fees, or charges collected and received by a municipality for the use of or benefits received from off-street parking facilities and, to the extent determined by the ordinance or ordinances adopted hereunder, from on-street parking facilities and including rents and income from the leasing of off-street parking facilities.
Source:
SL 1955, ch 216, §2; SDC Supp 1960, §45.02A02.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-10 - Acquisition, improvement and operation of parking facilities--Traffic control devices--Use of municipal funds.

9-51-10. Acquisition, improvement and operation of parking facilities--Traffic control devices--Use of municipal funds.
Every municipality shall have power to acquire by gift, lease, purchase, or condemnation proceedings any property, whether real, personal, or mixed, deemed by its governing body to be needed for the municipality's regulation and control of traffic on its streets, alleys, and public grounds by providing, regulating, and operating on-street or off-street parking lanes or areas and may acquire by purchase or lease parking meters or other traffic control devices and may construct or otherwise provide, equip, maintain, and operate automobile parking facilities and may expend municipal funds for these purposes.
Source:
SL 1955, ch 216, §3; SDC Supp 1960, §45.02A03.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-11 - Alternative means of financing parking facilities.

9-51-11. Alternative means of financing parking facilities.
Any municipality may pay for any portion of the cost of providing automobile parking facilities by:
(1)Appropriating moneys for the purposes authorized in §9-51-10;
(2)Appropriating any part or all of the net revenues derived from the operation of its automobile parking facilities including the net revenue from on-street parking meters;
(3)Imposing reasonable rates, rents, fees, and charges for the use of any on-street or off-street parking privilege or facility which may be in excess of actual cost of operation, maintenance, regulation, and supervision of parking at the particular location where the privilege is exercised;
(4)Leasing any off-street facilities at specified or determinable rents to be paid the municipality under a lease made as authorized and limited in §9-51-32;
(5)Borrowing money and issuing bonds as authorized and limited in §§9-51-13 to 9-51-28, inclusive;
(6)Borrowing money and issuing general obligation bonds in the manner and after authorization as provided in chapter 9-26 as may be hereafter amended;
(7)Any combination of all or any of the foregoing.
Source:
SL 1955, ch 216, §4; SDC Supp 1960, §45.02A04; SL 1984, ch 43, §90.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-12 - State and federal aid to municipal parking facilities--Agreement by municipality.

9-51-12. State and federal aid to municipal parking facilities--Agreement by municipality.
Any municipality shall have power to accept state and federal aid in carrying out the provisions of §§9-51-9 to 9-51-33, inclusive, and shall have authority to enter into any lawful agreement with the state or federal government, or any agency thereof, in regard thereto.
Source:
SL 1955, ch 216, §10; SDC Supp 1960, §45.02A10.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-13 - Issuance of parking facility revenue bonds authorized.

9-51-13. Issuance of parking facility revenue bonds authorized.
For the purpose of financing the cost of the acquisition, construction, or improvement of automobile parking facilities any municipality may issue bonds for the payment of which the credit and taxing powers of the municipality are not pledged, but as to which the principal and interest shall be payable solely out of the net revenue set aside, appropriated and pledged as hereinafter set forth and provided.
Source:
SL 1955, ch 216, §5; SDC Supp 1960, §45.02A05.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-14 - Ordinance authorizing revenue bonds--Pledge and definition of net revenues.

9-51-14. Ordinance authorizing revenue bonds--Pledge and definition of net revenues.
The bonds described in §9-51-13 shall be authorized by an ordinance duly adopted by the governing body and subject to referendum as other ordinances, in which ordinance the governing body may pledge all or any part of any one or more of the following:
(1)The net revenues derived from the property acquired or constructed from the proceeds of such bonds;
(2)Any net revenues of any other similar project or automobile parking facility whether acquired from proceeds of similar bonds or otherwise;
(3)Any net revenues derived by the municipality from on-street parking meters.
The governing body shall make such investigation of facts and circumstances as is necessary and based upon the findings made in such investigation and in accordance with sound accounting practices shall find and determine what portion of the revenues are net revenues and shall so define "net revenues" in the ordinance or ordinances adopted hereunder.
Source:
SL 1955, ch 216, §§2, 5; SDC Supp 1960, §§45.02A02, 45.02A05.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-15 - Contents of resolution or ordinance--Covenants and agreements with bondholders.

9-51-15. Contents of resolution or ordinance--Covenants and agreements with bondholders.
The resolution or ordinance described in §9-51-14 shall be as provided in chapter 6-8B and shall designate a special fund from which the principal and interest shall be payable, shall fix and define the net revenues appropriated and pledged to the special fund and shall contain the covenants and agreements which are to be in effect between the municipality and the purchasers and holders of the bonds.
Source:
SL 1955, ch 216, §5; SDC Supp 1960, §45.02A05; SL 1984, ch 43, §91.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-16 - Issuance and sale of bonds--Reference to ordinance for matters not covered in bonds--Negotiability.

9-51-16. Issuance and sale of bonds--Reference to ordinance for matters not covered in bonds--Negotiability.
Bonds shall be issued and sold as provided in chapter 6-8B, except that no election shall be required other than as provided in §9-51-14. All bonds may refer to the ordinance for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8, notwithstanding any conditions expressed therein or in the ordinance.
Source:
SL 1955, ch 216, §5; SDC Supp 1960, §45.02A05; SL 1984, ch 43, §92.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 51 - Municipal Parking Facilities › Section 9-51-18 - Bondholders have no right to compel tax levy or appropriation.

9-51-18. Bondholders have no right to compel tax levy or appropriation.
No purchaser or holder of any bond issued under §9-51-13 shall ever have any right to compel the exercise of any taxing powers of the municipality or the appropriation of any of its funds or moneys save and except as set forth in the ordinance of the municipality authorizing the issuance of such bonds and as provided in §§9-51-13 to 9-51-21, inclusive.
Source:
SL 1955, ch 216, §5; SDC Supp 1960, §45.02A05.