TITLE 9
MUNICIPAL GOVERNMENT
Chapter
01 Definitions And General Provisions
02 Classes Of Municipalities
03 Incorporation Of Municipalities
03A Townsite Locations On Federal Lands [Repealed]
04 Change Of Municipal Boundaries
05 Annexation Of Contiguous Municipalities
06 Dissolution Of Municipalities
07 Third Class Municipality Board Of Trustees
08 Aldermanic Form Of Government
09 Commissioner Form Of Government
10 City Manager
11 Change Of Form Of Government
12 General Powers Of Municipalities
13 Municipal Elections
14 Municipal Officers And Employees
14A Arbitration Of Firemen's And Policemen's Labor Disputes [Repealed]
15 South Dakota Municipal Retirement System [Repealed]
16 City Retirement Systems And Pensions
17 Associations Of Municipalities
18 Municipal Records And Proceedings
19 Ordinances And Resolutions
20 Initiative And Referendum
21 Tax Levies And Appropriations
21A Classification Of Urban And Rural Property For Tax Purposes
22 Custody And Accounting For Municipal Funds
23 Municipal Warrants And Disbursements
24 Actions Against Municipalities
25 Municipal Bonds And Notes
26 General Obligation Bonds
27 Acquisition And Disposition Of Real Estate
28 Disposition Of Surplus Personal Property [Repealed]
29 General Police Powers And Violations
30 Regulation Of Streets And Public Places
31 Traffic Regulation
32 Sanitation And Health Measures
33 Fire Protection And Safety Regulations
34 Trade Regulation And Licenses
35 Carrier And Utility Franchises And Regulation
36 Flood Control And Stream Improvement
37 Housing And Redevelopment Powers [Transferred]
38 Municipal Parks And Recreational Facilities
39 Municipal Utilities In General
40 Utility Facilities And Revenue Bonds
41 Municipal Telephone Systems
41A Municipal Power Agencies
42 Construction Of Local Improvements
43 Special Assessments And Financing Of Improvements
44 Municipal Improvement Bonds
45 Street And Alley Improvements
46 Sidewalk Improvements
47 Water Supply Systems
48 Sewer Systems
49 Combined Sewer And Waterworks Improvements [Repealed]
50 Financing Of Sewer And Waterworks Improvements [Repealed]
51 Municipal Parking Facilities
52 Municipal Auditoriums
53 Public Convention Halls
54 Economic Development Projects
55 Business Improvement Districts
CHAPTER 9-1
DEFINITIONS AND GENERAL PROVISIONS
9-1-1 Definition of terms.
9-1-1.1 Service to affected person equivalent to required publication.
9-1-2 Municipalities governed by title.
9-1-3 Judicial notice of organization.
9-1-4 Corporate seal--Corporate name.
9-1-5 Governing body authorizes contracts--Execution--Delegation of authority.
9-1-6 Citizen enforcement of this title.
9-1-7 Existing rights unaffected--Remedies cumulative.
9-1-8 Repealed by SL 1981, ch 43, § 13.
9-1-9 Repealed.
CHAPTER 9-2
CLASSES OF MUNICIPALITIES
9-2-1 Classes enumerated--Population groups.
9-2-2 Population determined by census--Estimate by election totals after change of municipal boundaries.
9-2-2.1 Change in municipality classification--Application to court--Notice.
9-2-2.2 Change in municipality classification--Judgment--Filing.
9-2-3 Repealed.
9-2-4 Form of government for existing municipalities continued.
9-2-5 Repealed by SL 1974, ch 118, § 200.
9-2-7 Determination of number of inhabitants in wards.
CHAPTER 9-3
INCORPORATION OF MUNICIPALITIES
9-3-1 Minimum population of municipalities.
9-3-1.1 Minimum distance from existing municipality--Exceptions.
9-3-2 Survey and map showing proposed municipal boundaries--Affidavit of surveyor.
9-3-3 Census of proposed municipality--Contents--Verification.
9-3-4 Survey, map, and census--Public inspection.
9-3-5 Voters' petition as application for incorporation--Number of signers--Petition contents--Name--Presentation to county commissioners.
9-3-6 County commissioners' order for election.
9-3-7 Repealed by SL 1999, ch 37, §§ 5 to 7.
9-3-10 Balloting--Majority required for incorporation--Name of municipality.
9-3-11 Canvass and return of votes.
9-3-12 County commissioners' order--Conclusive effect.
9-3-13 Adjustment of claims--Municipality and civil township.
9-3-14 Canvass of votes on incorporation--Filing--Recording--Registry maintained by secretary of state.
9-3-15 Repealed by SL 1974, ch 118, § 200.
9-3-17 Repealed.
9-3-18 Election by plurality at first election--Tie vote--Notice to persons elected.
9-3-18.1 Elected official--Term of office.
9-3-19 Repealed.
9-3-20 Validity of incorporation questioned only by state.
9-3-21 Validation of prior incorporation of municipalities.
9-3-22 Repealed.
9-3-23 Repealed.
9-3-24 Repealed.
9-3-25 Repealed.
9-3-26 Repealed.
9-3-27 Repealed.
9-3-28 Repealed.
9-3-29 Repealed.
CHAPTER 9-3A
TOWNSITE LOCATIONS ON FEDERAL LANDS [REPEALED]
9-3A-1 Repealed.
9-3A-2 Repealed.
9-3A-3 Repealed.
9-3A-4 Repealed.
9-3A-5 Repealed.
9-3A-6 Repealed.
9-3A-7 Repealed.
9-3A-8 Repealed.
9-3A-9 Repealed.
9-3A-10 Repealed.
9-3A-11 Repealed.
9-3A-12 Repealed.
9-3A-13 Repealed.
9-3A-14 Repealed.
9-3A-15 Repealed.
9-3A-16 Repealed.
9-3A-17 Repealed.
9-3A-18 Repealed.
9-3A-19 Repealed.
9-3A-20 Repealed.
CHAPTER 9-4
CHANGE OF MUNICIPAL BOUNDARIES
9-4-1 Annexation of territory on petition by voters and landowners.
9-4-1.1 Municipalities authorized to enter into annexation and development agreements with landowners.
9-4-2 Repealed by SL 1979, ch 47, §§ 13 to 15.
9-4-4.1 Study required before annexation without petition.
9-4-4.2 Resolution of intent to annex--Contents for large municipalities.
9-4-4.3 Notice of hearing on resolution to landowners and county auditor--Adoption.
9-4-4.4 Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents.
9-4-4.5 Petition for submission of annexation resolution to voters.
9-4-4.6 Contents of referendum petition--Signatures--Verification.
9-4-4.7 Time of election on annexation--Referendum provisions applicable.
9-4-4.8 Special precinct for area to be annexed--Registration lists.
9-4-4.9 Vote required to approve annexation--Effective date.
9-4-4.10 Proceedings to enforce terms of resolution of annexation or resolution of intent.
9-4-4.11 Resolution of intent to annex--Contents for small municipalities.
9-4-4.21 Transferred to § 9-4-4.11.
9-4-5 Annexation of unplatted territory subject to approval by county commissioners.
9-4-6 Exclusion of territory from municipality on petition or by vote of governing body.
9-4-7 Publication of petition for exclusion of territory.
9-4-8 Petition to circuit court for exclusion of territory after refusal by governing body.
9-4-9 Service of notice of petition to circuit court--Hearing at term or in vacation.
9-4-10 Court order for exclusion of territory--Dismissal of petition.
9-4-11 Recording of resolution or decree changing municipal boundaries--Effective date.
9-4-12 Annexation of territory near municipal airport prohibited--Exception.
9-4-13 Repealed.
9-4-14 Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.
9-5-1
Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.
9-5-2
Publication of resolutions of annexation--Approval of voters required.
9-5-3
Notice, conduct, and canvass of elections on annexation.
9-5-4
Waiting period after rejection of annexation by voters.
9-5-5
Submission of question to voters of municipality to be annexed--Date of election.
9-5-6
Form of ballot on question of annexation.
9-5-7
Resolution declaring approval by voters of municipality to be annexed--Filing with
annexing municipality--Submission to voters of annexing municipality--Date of
election.
9-5-8
Resolution declaring approval by voters of annexing municipality--Filing and
recording of proceedings.
9-5-9
Effective date of annexation--Implementing ordinance.
9-5-10
Proceedings to compel compliance with terms of annexation--Existing rights and
liabilities preserved.
9-5-11
Title to municipal property after annexation.
9-5-12
Assumption of municipal debts and obligations after annexation.
9-5-13
Bonded indebtedness of annexing municipality--Tax levy--Property in annexed
municipality exempt.
9-5-14
Bonded indebtedness of annexed municipality--Tax levy.
9-5-15
Enforcement of claims and demands against annexed municipality--Payment of
judgments.
9-5-16
School districts consolidated on annexation.
9-5-17
Title to school district property after consolidation--Assumption of debts and
obligations.
9-5-18
Bonded indebtedness of annexing school district--Tax levy--Property in annexed
district exempt.
9-5-19
Bonded indebtedness of annexed school district--Tax levy.
9-5-20
Continuation in force of ordinances, contracts, rights and liabilities of annexed
municipality and school district.
9-6-1
Landowners' petition to circuit court for dissolution by decree.
9-6-2
Contents of petition for dissolution by decree--Verification and filing.
9-6-3
Show cause order to municipality on petition for dissolution--Service.
9-6-4
Objections to petition for dissolution--Taking of evidence.
9-6-5
Referee to determine facts on petition for dissolution--Report of referee.
9-6-6
Decree of dissolution of municipality.
9-6-7
Judgment record in proceedings for dissolution.
9-6-8
Filing and recording of decree of dissolution--Cessation of municipal existence.
9-6-9
Jurisdiction of municipal territory after dissolution--Power of municipal officers to
wind up affairs.
9-6-10
Application for dissolution by election--Ballot form and conduct of election.
9-6-11
Waiting period after rejection of dissolution by voters.
9-6-12
Number of votes required for dissolution--Cessation of municipal existence--Disposition of municipal property--Existing rights preserved.
9-7-1
Composition and election of board--Qualifications of trustee--Change in number.
9-7-2
Repealed.
9-7-3
Terms of office of trustees--Vacancy.
9-7-4
Repealed.
9-7-5
President of board.
9-7-6
Regular and special meetings of board.
9-7-7
Quorum--Majority required for action.
CHAPTER 9-8
ALDERMANIC FORM OF GOVERNMENT
9-8-1 Mayor--Term of office.
9-8-1.1 Qualifications of mayor and alderman.
9-8-2 Vacancy in office of mayor--Temporary absence or disability.
9-8-3 Powers and duties of mayor--Veto power.
9-8-4 Composition of common council--Election and terms of office of aldermen--Vacancy.
9-8-4.1 Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.
9-8-5 Power of council to judge members and govern proceedings--Bribery vacating office.
9-8-6 Repealed by SL 1979, ch 50, § 3.
9-8-7 President and vice president of council--Election and duties.
9-8-8 Meetings of council--Quorum--Journal of proceedings.
9-8-9 9-8-9. Repealed by SL 2013, ch 35, § 1.
9-8-10 Recording of votes by council members--Number of votes required for action.
9-8-11 Reconsideration of council action.
9-9-1
Composition of board of commissioners.
9-9-2
Qualifications of mayor and commissioner.
9-9-3
Terms of office of mayor and commissioners.
9-9-4, 9-9-5.
Repealed
.
9-9-6
Resignation of mayor or commissioner--Office vacated for move--Filling of vacancy.
9-9-7
Mayor as president of board--Voting power.
9-9-8
Absence or sickness of mayor--Acting president--Acting mayor.
9-9-9
Board control of departments.
9-9-10
Attendance of witnesses and production of documents--Service of process.
9-9-11
Regular meetings of board.
9-9-12
Special meetings of commissioners.
9-9-13
Board meetings open to public--Journal of proceedings
.
9-9-14
Quorum of board--Majority vote required for action.
9-9-14.1
Rules of procedure--Attendance requirements.
9-9-15
Repealed.
9-9-16
Voting of commissioners--Entry in journal.
9-9-17
Repealed.
9-9-18
Designation of areas of responsibility in five-commissioner municipalities.
9-9-19
Powers of mayor and commissioners in five-commissioner municipalities.
9-9-20
Mayor's area of responsibility in five-commissioner municipality.
9-9-21
Commissioner of public safety in five-commissioner municipality.
9-9-22
Commissioner of public works in five-commissioner municipality.
9-9-23
Commissioner of utilities in five-commissioner municipality.
9-9-24
Commissioner of finance and revenue in five-commissioner municipality.
9-9-25
Division of responsibilities in three-commissioner municipalities.
9-9-26
Mayor's powers and duties in three-commissioner municipality.
9-9-27
Commissioners' areas of responsibility in three-commissioner municipality.
CHAPTER 9-10
CITY MANAGER
9-10-1 Petition for employment of city manager--Election.
9-10-2 Waiting period after rejection of city manager proposition by voters.
9-10-3 Employment of city manager after approval by voters.
9-10-4 Mayor and aldermen elected in first or second class municipality under aldermanic form.
9-10-5 Number, election, and terms of office of commissioners in commission-governed municipalities.
9-10-6 Special election of commissioners after employment of manager--Mayor--Powers of board.
9-10-7 Powers and duties of mayor.
9-10-8 Regular and special meetings of governing body.
9-10-9 Officers and employees appointed by governing body--Others appointed by city manager.
9-10-10 Qualifications and appointment of city manager--Residence--Restriction on appointment of former member of governing body.
9-10-11 Removal of city manager--Resolution of intent--Public hearing--Pay.
9-10-12 Absence, disability, or suspension of city manager.
9-10-13 Responsibility of city manager--Power to appoint and remove officers and employees.
9-10-14 Bond required of city manager and officers.
9-10-15 General powers of city manager.
9-10-16 Governing body to work through city manager--Violation as misdemeanor--Removal from office.
9-10-17 Solicitation of votes by city manager or appointee as misdemeanor.
9-10-18 Inconsistent statutes inapplicable.
CHAPTER 9-11
CHANGE OF FORM OF GOVERNMENT
9-11-1 9-11-1. Repealed by SL 2000, ch 34, § 2.
9-11-2 9-11-2. Repealed by SL 2000, ch 34, § 7.
9-11-3 9-11-3. Repealed by SL 2000, ch 34, § 8.
9-11-3.1 Repealed.
9-11-4 Repealed.
9-11-5 City voters authorized to change form of government.
9-11-6 Petition to change government form--Election.
9-11-7 Ballot form.
9-11-8 Waiting period after election on form of city government.
9-11-9 First election after change in form of municipal government.
9-11-10 Continuation in force of ordinances, contracts, rights and liabilities after change in form.
9-11-11 Form of municipal government.
CHAPTER 9-12
GENERAL POWERS OF MUNICIPALITIES
9-12-1 General corporate powers--Municipal property.
9-12-2 Fiscal powers of municipalities.
9-12-3 Expenses of officers and employees in attending meetings.
9-12-3.1 Compensation of board and commission members not already compensated.
9-12-4 Agreements with state and United States to carry out municipal functions.
9-12-5 Lease or transfer of municipal property to state agency for public purposes.
9-12-5.1 Lease of municipally-owned property--Term and conditions.
9-12-5.2 Lease to private person--Resolution of intent--Notice and hearing--Authorization.
9-12-6 Designation of official newspapers.
9-12-7 Liability insurance and agreements for protection of municipality, officers and employees.
9-12-7.1 9-12-7.1, 9-12-8. Repealed by SL 1978, ch 50, §§ 4, 5.
9-12-9 Municipal appropriations for observance of holidays.
9-12-10 City census.
9-12-11 Promotion of municipality--Appropriation and expenditure of funds--Records.
9-12-12 Employment of welfare workers.
9-12-13 Power to adopt zoning ordinance.
9-12-14 Power to support airports and landing fields.
9-12-14.1 Municipality authorized to provide funds for air carrier air service.
9-12-15 Power to maintain library.
9-12-16 Option to adopt campaign finance law.
9-12-17 Power to adopt ordinances to protect groundwater--Scope and purpose--Agreements to implement and enforce wellhead protection program.
9-12-18 Power to maintain abandoned cemetery--Cemetery board--Funds.
9-12-19 Inspection fee for government-owned property.
9-12-20 Municipality holding required license authorized to serve food, prepared food, and beverages.
9-12-21 Rebate of municipal property taxes to further industry development goals.
CHAPTER 9-13
MUNICIPAL ELECTIONS
9-13-1 Date of annual municipal election--Hours of voting.
9-13-1.1 Joint municipal and school district elections authorized--Date--Sharing costs and responsibilities.
9-13-1.2 Dates associated with joint election.
9-13-2 9-13-2. Repealed by SL 1971, ch 56, § 3.
9-13-3 9-13-3. Repealed by SL 1973, ch 130, § 14.
9-13-4.1 Registration and residence required to vote in municipal election--Residence defined--Challenge--Contest of election.
9-13-5 Election not held in absence of contest--Certificate of election issued to unopposed candidates.
9-13-5.1 9-13-5.1. Repealed by SL 2010, ch 41, § 2.
9-13-6 Publication of notice of vacancies--Times.
9-13-6.1 Individual contests authorized when more than one seat vacant.
9-13-7 Municipal office--Nominating petition--Contents.
9-13-7.1 Withdrawal or death of candidate--Procedure.
9-13-8 9-13-8. Repealed by SL 1979, ch 50, § 1.
9-13-9 Number of signers required for nominating petitions in first, second, and third class municipalities--Time for circulating petitions.
9-13-10 9-13-10. Repealed by SL 1987, ch 76, § 2.
9-13-11 Residence mailing address and date added to signature--Form and verification of petition.
9-13-12 9-13-12. Repealed by SL 1992, ch 62.
9-13-13 Notice of municipal election--Publication or posting.
9-13-14 Special elections governed by general provisions--Questions to be stated in notice.
9-13-14.1 Filling of vacancy on municipal governing body--Appointment or special election.
9-13-14.2 Special election to fill vacancy on governing body or in office of mayor--Procedures.
9-13-14.3 Elected official to hold office until vacancy filled.
9-13-15 9-13-15. Repealed by SL 1973, ch 69, § 4.
9-13-16 Election precincts--Division and consolidation of wards into precincts--Application to state and county elections.
9-13-16.1 Precinct election boards.
9-13-16.2 Terms of and representation by members of governing body following redistricting.
9-13-17 9-13-17. Repealed by SL 1973, ch 67, § 4.
9-13-18 9-13-18 to 9-13-20. Repealed by SL 1971, ch 56, § 3.
9-13-21 Ballots--Preparation--Availability--Form--Candidate names.
9-13-22 9-13-22. Repealed by SL 2006, ch 29, § 1.
9-13-23 9-13-23. Repealed by SL 1984, ch 43, § 131.
9-13-24 Return and canvass of votes.
9-13-25 Election result--Highest vote total--Runoff by ordinance.
9-13-26 9-13-26. Repealed by SL 2009, ch 33, § 2.
9-13-26.1 Runoff election when no candidate receives a majority of votes--Conduct of election.
9-13-27 9-13-27. Repealed by SL 2009, ch 33, § 3.
9-13-27.1 Runoff election--Notice.
9-13-27.2 Tie vote--Recount--Determination by lot.
9-13-27.3 Request for recount--Recount board established.
9-13-27.4 Recount on ballot question--Recount board.
9-13-28 Notice to persons elected--Time allowed for qualification.
9-13-29 Municipal officers subject to recall.
9-13-30 Petition for recall--Number of signatures--Grounds--Time limits--Challenge to petition.
9-13-31 Special or annual election--Notice.
9-13-32 Recall election--Incumbent--Other candidates--Runoff.
9-13-33 Continuation of incumbent in office if re-elected.
9-13-34 Removal of incumbent from office by election of another at recall--Qualification of successor.
9-13-35 Term of office of successor elected at recall election.
9-13-36 Election board for wards--Compensation.
9-13-37 Municipal elections held in conjunction with June primary elections.
9-13-38 9-13-38, 9-13-39. Transferred to §§ 12-2-5, 12-2-6.
9-13-40 Municipal elections held on first Tuesday after first Monday in June--Notice--Nominating petitions.
CHAPTER 9-14
MUNICIPAL OFFICERS AND EMPLOYEES
9-14-1 9-14-1. Repealed by SL 2011, ch 43, § 2.
9-14-1.1 9-14-1.1. Repealed by SL 1995, ch 45, § 2.
9-14-2 Residence requirement for election to office--Exceptions--Defaulters ineligible.
9-14-3 Appointment of officers.
9-14-4 Commissions and certificates of appointment.
9-14-5 Qualification and discharge of duties of office by appointive and elective officers.
9-14-6 Oath of appointive officers--Undertaking.
9-14-6.1 Amount of finance officer's bond.
9-14-7 Oath or affirmation and undertaking of clerk, director of equalization, treasurer, and marshal in third class municipalities.
9-14-8 9-14-8. Repealed by SL 1974, ch 153, § 60.
9-14-9 Place of filing of bonds.
9-14-10 Vacancy created by removal of officer from municipality or ward--Failure to qualify for office.
9-14-11 9-14-11. Repealed by SL 1981, ch 44, § 21.
9-14-12 Removal from office of officer appointed by governing board.
9-14-13 Removal of appointive officers.
9-14-14 Civil service ordinance--Procedure for suspension or removal of employee--Initiated ordinance required for repeal--Appeal.
9-14-15 Removal of civil service employees--Governor's authority--Appointees of city manager.
9-14-16 Members of governing body not to hold other office--Liquor license not disqualifying--Auditor or clerk not to serve as treasurer.
9-14-16.1 Voluntary service, service with annual compensation of five thousand dollars or less, and certain ambulance service permitted.
9-14-17 Records maintained by finance officer--Warrants on treasury--Expense estimates--Contracts.
9-14-18 Books of account maintained by finance officer--Signature on evidences of indebtedness.
9-14-19 Supervision of municipal accounting system.
9-14-20 Record of certificates issued for work--Schedule of special tax or assessment.
9-14-21 Examination of treasurer reports and accounts--Audit and adjustment of claims--Record of contracts.
9-14-22 Duties of city attorney.
9-14-23 Employment of attorney--Contract by ordinance or resolution.
9-14-24 Qualifications and duties of city engineer--Preservation of surveys, plans and estimates.
9-14-25 9-14-25. Repealed by SL 1992, ch 80, § 4.
9-14-26 Jurisdiction of municipal peace officers in service of process.
9-14-27 Additional duties prescribed for municipal officers.
9-14-28 Salaries and compensation of municipal officers.
9-14-29 Civil process fees accounted for by policemen.
9-14-30 Life, health and accident insurance provided for municipal officers and employees--Restriction on accident insurance.
9-14-31 Officers and employees covered by insurance authorization.
9-14-32 Appropriations authorized for cost of insurance.
9-14-33 Salary deductions for insurance participation.
9-14-34 Administration of insurance programs.
9-14-35 Inclusion of retired officers and employees and dependents of deceased officers and employees in insurance program.
9-14-35.1 Flexible spending accounts.
9-14-36 Life insurance and retirement programs authorized for municipal employees--Salary deductions--Groups covered--Required participation.
9-14-37 Neglect of duty or misconduct by municipal officer as misdemeanor--Removal from office.
9-14-38 9-14-38. Repealed by SL 1976, ch 158, § 12A-11.
9-14-39 Delivery of records and property to successor in office--Liability and penalties for refusal.
9-14-40 Housing for police officers and personnel--Terms--Rent.
9-14-41 Payment by occupant of municipal dwelling of amount equal to property tax on property.
9-14-42 Criminal background check of persons seeking employment with municipalities.
9-14-43 City fire department employees--Hours of employment.
9-16-1
Petition for adoption of city retirement system--Submission to voters at
election--Adoption on approval by majority.
9-16-2
Conversion of pension law to retirement system without voters' authorization.
9-16-3
Ordinance establishing retirement system--Provisions to be included.
9-16-3.1
Board of Trustees.
9-16-3.2
Change of employee contributions or benefits--Requirements.
9-16-3.3
Pension allowed firefighters for impairment caused by cancer.
9-16-4
Inclusion of firemen in retirement system.
9-16-4.1
Deferred compensation program for volunteer firefighters--Establishment and
management--Participation optional.
9-16-4.2
Deferred compensation program for volunteer advanced life support personnel.
9-16-5
Repealed.
9-16-5.1
Contributions to system--Amount required.
9-16-5.2
Change of benefits--Restrictions.
9-16-5.3
Annual report--Contents--Publication--Filing.
9-16-5.4
Audit of financial statements.
9-16-5.5
Administrator--Qualifications--Employees--Bond.
9-16-5.6
Summary system description--Availability--Contents.
9-16-5.7
Description furnished to member--Charge.
9-16-5.8
Information furnished to members annually.
9-16-5.9
Records of employer.
9-16-5.10
Fiduciary of system--Duties--Definition.
9-16-5.11
Time for compliance--Remedy for noncompliance.
9-16-6
Repealed.
9-16-7
Repealed.
9-16-8
Repealed.
9-16-9
Gifts, devises, and bequests for fund.
9-16-10
Investment of moneys of retirement system.
9-16-11
Previously granted pensions as obligation of retirement system.
9-16-12 to 9-16-19.
Repealed.
9-16-20
First and second class municipalities authorized to pension firemen.
9-16-21, 9-16-22.
Repealed.
9-16-23
Sources of municipal pension fund.
9-16-24
Repealed.
9-16-25
Firemen's contributions to pension fund--Deduction from salary.
9-16-26
Refund of members' contributions on termination of employment prior to
retirement.
9-16-27
Retirement board to administer pension fund--Rules for operation of fund.
9-16-28
City treasurer as custodian of fund--Liability of surety on bond.
9-16-29 to 9-16-33.1. Repealed.
9-16-34
Workmen's compensation benefits deductible from firemen's pensions--Subrogation of first or second class municipality to rights of member or
beneficiary against third party.
9-16-35 to 9-16-39. Repealed.
9-16-40
Repealed.
9-16-41 to 9-16-43. Repealed.
9-16-44
Workers' compensation benefits offset against special death benefits--
Subrogation of first or second class municipality to rights against third party.
9-16-45
Circulatory or respiratory disease presumed occupational in firemen.
9-16-46
Repealed.
9-16-46.1
Postretirement redetermination of pensions--Restrictions.
9-16-47
Benefits and contributions exempt from assignment and process.
9-16-48
Validation of pensions and benefits previously paid.
9-17-1
Formation of municipality organization authorized--Purposes.
9-17-2
Meetings of municipality organization--Maintenance of office--Employment of
officials.
9-17-3
Municipal payment of dues and delegate expenses for organization.
9-17-4
Representation of municipalities at organization meetings.
9-17-5
Repealed.
9-17-6
South Dakota Firefighters' Association, Incorporated continued.
9-17-7
Schools and promotional activities of South Dakota Firefighters' Association,
Incorporated.
9-18-1
Governing body to publish minutes of meetings including statement of
expenditures--Rate of payment for publication.
9-18-1.1
Time for delivery of copy to official newspaper.
9-18-2
Records of acts and proceedings of municipal officers--Open to public.
9-18-3
Admissibility in evidence of copies and transcripts of municipal records--Prima facie
evidence.
9-18-4
Repealed.
CHAPTER 9-19
ORDINANCES AND RESOLUTIONS
9-19-1 Definition of terms.
9-19-2 Continuation in force of prior ordinances and resolutions.
9-19-3 Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
9-19-3.1 Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.
9-19-4 9-19-4. Repealed by SL 1973, ch 130, § 14.
9-19-5 One subject expressed in title of ordinance.
9-19-6 Style of ordinance.
9-19-7 Reading, passage, and publication of ordinances--Codes incorporated by reference.
9-19-7.1 Notice requirements for substantial amendment at second reading.
9-19-8 Passage, recording, and publication of resolutions.
9-19-9 Recording of votes on ordinances.
9-19-10 Veto power of mayor under aldermanic form--Items in appropriation ordinances.
9-19-11 Reconsideration of vetoed item--Vote required to override veto.
9-19-12 Ordinance becoming law without mayor's signature.
9-19-13 Effective date of resolutions and ordinances.
9-19-14 Recording of ordinance in ordinance book.
9-19-14.1 Posting of ordinance book on municipal website.
9-19-15 Compilation of ordinances--Free copies.
9-19-16 Revision of ordinances--Committee to prepare revision.
9-19-17 Notice of adoption of ordinance in revision--Effective date--Publication in book form.
9-19-18 Evidence of ordinances and resolutions.
9-19-19 Ordinances and resolutions presumed valid unless controverted.
9-19-20 Firearms regulation prohibited--Action by attorney general.
9-19-21 Municipality implementation of pretreatment program--Fines for violations by industrial users.
9-19-22 Guaranteed income program prohibited--Enforcement--Definition.
9-20-1
Percentage of voters required to propose ordinance or resolution.
9-20-2
Petition proposing ordinance or resolution--Contents.
9-20-3
Ordinance may not be initiated to nullify bond purposes.
9-20-4
Presentation of initiative petition to governing body--Submission to voters.
9-20-5
Majority vote at election required for initiated ordinance or resolution--Effective
date.
9-20-5.1
Year's waiting period required before amendment or repeal.
9-20-6
Time for filing referendum petition.
9-20-7
Description in referendum petition of matter covered.
9-20-8
Percentage of voters required to sign referendum petition--Data concerning signers.
9-20-9
Requirements for persons circulating petition--Board of elections to promulgate
rules--Scope of rules.
9-20-10
Liberal construction of referendum petition.
9-20-11
Date of election on referendum petition--No action taken pending election.
9-20-11.1
Repealed.
9-20-11.2
Date to certify ballot language to county auditor.
9-20-11.3
Additional election costs paid by municipality.
9-20-12
Publication of referred ordinance or resolution--Notice of election.
9-20-13
Ballots used in referendum election--Form and contents.
9-20-14
General municipal election law applicable to referendum elections.
9-20-15
Majority vote required for approval of referred measure--Effective date.
9-20-16
Preservation of referendum petitions--Open to public inspection.
9-20-17
Waiting period for new action after referendum election.
9-20-18
Legislative finding--Actions of municipal governing boards subject to referendum.
9-20-19
Legislative decision of governing body subject to referendum--Administrative
decision not subject to referendum.
CHAPTER 9-21
TAX LEVIES AND APPROPRIATIONS
9-21-1 Fiscal year of municipalities.
9-21-2 Annual appropriation ordinance--Time of introduction--Contents--Enterprise and trust and agency funds.
9-21-3 Appropriations limited to municipal powers.
9-21-4 9-21-4. Repealed by SL 1981, ch 44, § 29.
9-21-5 Appropriations for support of Civil Air Patrol.
9-21-6 Classification of expenditures in annual appropriation ordinance.
9-21-6.1 Line item for contingencies--Maximum amount--Transfer to other appropriations.
9-21-7 Supplemental appropriation ordinance for indispensable functions or discharge of municipal duties.
9-21-8 Additional appropriations prohibited--Bond authorization as appropriation.
9-21-9 Expenditures limited to appropriated amounts.
9-21-9.1 State, county and federal grants expended without provision in appropriation ordinance--Publication.
9-21-9.2 Restoration of funds on reimbursement from other subdivisions, departments, or insurance.
9-21-10 Contracts prohibited unless covered by appropriation or bonds.
9-21-11 Long-term contracts authorized for utility services and improvement of irrigable lands--Appropriation required--Referendum.
9-21-12 Authorization of depreciation reserve within proprietary fund.
9-21-13 Purposes of depreciation or capital replacement reserves.
9-21-14 9-21-14. Repealed by SL 1994, ch 69, § 3.
9-21-14.1 Accumulation of funds for capital outlay purposes--Maximum amount.
9-21-14.2 Vote required for capital outlay accumulation--Time of expenditure--Reversion of unused funds.
9-21-14.3 9-21-14.3 to 9-21-14.5. Repealed by SL 1989, ch 75, §§ 2 to 4.
9-21-15 Replacement or repair required by unanticipated event--Borrowing and addition to tax levy.
9-21-16 Surplus funds used for replacement or repair required by unanticipated event.
9-21-16.1 Casualty reserve fund authorized--Limitation on amount and use of fund--Interest.
9-21-17 Judgment against municipality--Borrowing--Maximum tax levy to pay judgment.
9-21-18 Contracts exceeding maximum tax levy as misdemeanor--Personal liability of authorizing officer.
9-21-18.1 Municipality authorized to enter into lease-purchase agreements.
9-21-19 Annual tax levy included in appropriation ordinance--Apportionment among funds, bond interest, and debt service funds.
9-21-20 Certification of annual tax levy to county auditor.
9-21-21 Warrants limited by tax levy--Violation as misdemeanor--Removal of offender from office.
9-21-22 Maximum obligations under appropriation.
9-21-23 Proration of expenditures under appropriation for more than one year.
9-21-24 Highway taxes paid to municipal treasurer quarterly--Purposes for which expended.
9-21-24.1 Encumbrance of unexpended appropriations for obligations incurred but not paid.
9-21-25 Diversion of money belonging to funds prohibited.
9-21-25.1 Contingency amount included in general fund appropriation--Transfers from other funds--Maximum contingency fund balance.
9-21-26 9-21-26. Repealed by SL 1993, ch 73, § 1.
9-21-26.1 Transfer of surplus funds--Restrictions.
9-21-27 Transfer of bond redemption funds allowed if certain amount is retained.
9-21-28 Transfer to school districts of surplus from revenue-producing enterprises--Transfer to funds.
9-21-29 Transfer by county of funds received on behalf of municipality--Statement by county auditor of source and amount of funds.
9-21-30 Transfer by county auditor of funds received on behalf of municipality--Interest charged for failure to distribute--Statement of source and amount of funds.
9-21-31 Capital replacement reserve fund authorized.
9-21-32 Internal service fund for equipment purchases authorized--Equipment defined.
9-21-33 Contributions to technical colleges.
9-21-34 Municipal appropriation--Deadlines.
9-21-34.1 Municipal appropriation--Moved deadline--Certification.
9-21A-1
Legislative intent and purpose.
9-21A-2
Definition of terms.
9-21A-3
Establishment of urban service district and rural service district by ordinance.
9-21A-4
Rural service district--Lands included.
9-21A-5
Urban service district--Lands included.
9-21A-6
Agricultural land annexed--Limitation on tax levy and assessed value.
9-21A-7 to 9-21A-9. Repealed.
9-21A-10
Platting or construction in rural district--Report--Transfer to urban district.
9-21A-11
Filing ordinance, amendment, or order with county auditor.
9-21A-12
Certification of tax levy to county auditor--Allocation and spread of levies.
9-22-1
Receipts paid into municipal treasury--Funds designated by annual appropriation
ordinance.
9-22-2
Treasurer to receive moneys of municipality--Accounting.
9-22-3
Duplicate receipts given by treasurer--Filing with auditor or clerk.
9-22-4
Assignment of delinquent accounts receivable--Disposition of uncollectible
accounts.
9-22-5
Municipal funds kept separate and not used for personal benefit.
9-22-6
Designation of depositories for municipal funds.
9-22-6.1
Savings and loan associations as official depositories.
9-22-6.2
Domestic federal credit union as official depository--Requirement.
9-22-7 to 9-22-10. Repealed.
9-22-11
Interest from deposited funds property of municipality.
9-22-12
Investment of debt service funds, surplus, utility revenues and bond proceeds--Special assessment bonds and certificates--Interest on investments.
9-22-13
Maturity dates of securities in which debt service funds invested.
9-22-14
Tax levy to retire bonds held by debt service fund.
9-22-15
Resolution required for investment transactions.
9-22-16
Separate accounting for funds and appropriations.
9-22-17
Receipt and application of special assessment money--Cancellation of
certificates.
9-22-18
Register of warrants paid--Examination by finance committee.
9-22-19
Treasurer's monthly settlement with auditor or clerk.
9-22-20
Treasurer's reports to governing body.
9-22-21
Annual financial report--Publication--Filing.
9-22-22
Bond record maintained by auditor or clerk.
9-22-23
Annual estimate by auditor or clerk of expenses and revenue.
9-22-24
Municipal interfund loans.
9-23-1
Itemized invoice and verified voucher required for claim--Prepayment of claims.
9-23-2
Claim to be itemized--Memorandum in minutes of governing body.
9-23-2.1
Municipal board requisitions for warrants--Signatures.
9-23-3
Warrant required for disbursements from treasury--Bonds and coupons.
9-23-4
Warrants paid or registered on presentation.
9-23-5
Warrants paid in order of presentation.
9-23-6
Notation on back of paid warrant.
9-23-7
Endorsement of warrant for payment by depository.
9-23-8
Warrant register maintained by treasurer--Contents.
9-23-9
Registration of warrants presented but not paid.
9-23-10
Endorsement of warrants not paid for want of funds--Registration not required.
9-23-11
Registered warrants paid in order of registration.
9-23-12
Interest payable on warrants not paid for want of funds.
9-23-13
Resolution for annual payment of interest on register of warrants.
9-23-14
Repealed.
9-23-15
Call of registered warrants for annual payment of interest.
9-23-16
Loss of priority by failure to present warrant for annual interest--Name and address
filed with treasurer.
9-23-17
Endorsement and receipt for annual interest payment.
9-23-18
Priority retained by registered warrants not presented for annual interest payment.
9-23-19
Call of registered warrants for payment--Termination of interest.
9-23-20
Cancellation of warrants on payment.
9-23-21
Cancellation of check or warrant not timely presented--Notation in register.
9-23-22
Payment of old check or warrant at direction of governing body.
9-23-23
Incidental account.
CHAPTER 9-24
ACTIONS AGAINST MUNICIPALITIES
9-24-1 9-24-1 to 9-24-4. Repealed by SL 1986, ch 4, § 8.
9-24-5 Limitation of action against municipality, employee, official, or volunteer for personal injury or death.
9-24-6 Municipal property exempt from taxation and execution.
9-24-7 Maximum liability--Municipal airport--Accidents or occurrences.
9-25-1
General bonding power of municipalities.
9-25-1.1, 9-25-1.2. Repealed.
9-25-2
Execution of bonds and coupons--Facsimile signatures.
9-25-3 to 9-25-11. Repealed.
9-25-12
Promissory notes authorized--Sources of repayment--Recitals--Issuance and
sale--Maximum term.
9-25-13
Maximum amount borrowed on promissory note.
9-25-14
Borrowing limit reduced by outstanding warrants and notes.
9-25-15
Interest rate on promissory notes--Signature of notes.
9-25-16
Cash receipts applied to payment of notes until retired.
9-25-17 to 9-25-20. Repealed.
9-26-1
Authorization--Issuance--Sale.
9-26-2 to 9-26-12. Repealed.
9-26-13
Courthouse bonds authorized--Use of proceeds of sale--Contract with county for
municipal use of courthouse.
9-26-14 to 9-26-19. Repealed.
9-26-20
Judgment bonds authorized without submission to election.
9-26-21
Amount of judgment bonds--Issuance--Sale--Maximum levy in small
municipalities.
9-26-22
Compromise of judgment by delivery of bonds to creditor.
9-26-23
Agreement with judgment creditor for satisfaction of judgment on delivery of
bonds--Filing of agreement.
9-26-24
Validity of bonds not impaired by misapplication of proceeds--Change of
purpose by new election.
9-26-25
Tax levy for retirement of general obligation bonds.
9-26-26
Transmission of tax levy to county auditor--Application to property within
municipality.
9-26-27
Tax proceeds placed in debt service fund--Application of debt service fund--Reduction of levy after transfers to debt service fund.
9-27-1
Appropriation and condemnation of private property--Resolution of necessity.
9-27-2
Acceptance of deed in satisfaction of tax or assessment lien--Freedom from
other liens required.
9-27-3
Payment by municipality of prior lien--Foreclosure after municipal failure to
pay.
9-27-4 to 9-27-7.
Repealed.
9-27-8
Proceeds of sale applied to payment of liens--Cancellation of unpaid balance.
9-27-9
Purchase of tax sale certificates authorized--Amount paid to county.
9-27-10 to 9-27-28. Repealed.
9-27-29
Conveyance to school district of property not required for public purposes.
9-27-30
Resolution for transfer to school district--Deed of conveyance.
9-27-31
Petition for donation of courthouse site to county--Submission to voters.
9-27-32
Conveyance to county of courthouse site after approval by voters.
9-27-33
Acquisition and conveyance or lease to United States of sites for federal
buildings.
9-27-34
Exchange of lands with United States.
9-27-34.1
Exchange of land with private owner--Appraisal--Public notice and hearing.
9-27-35
Validation of prior conveyances by municipalities--Limitation on enforcement
of vested rights.
9-27-36
Sale or lease of municipal real property for industrial development or public
purposes--Terms of lease.
9-27-37
Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.
9-27-38
Application of chapter to lands transferred to municipality by Public Law 99-88.
9-29-1
Territorial jurisdiction of municipalities.
9-29-2
Regulation of police of municipality.
9-29-3
Prohibition of disorders and disturbances.
9-29-4
Disorderly houses and houses of ill fame.
9-29-5
Gambling and fraudulent practices--Seizure and destruction of instruments and
devices--Exemption of state lottery.
9-29-6
Retailing of alcoholic beverages.
9-29-7
Regulation of alcoholic beverage sales, use, and consumption.
9-29-8
Repealed.
9-29-9
Obscene and immoral publications.
9-29-10
Begging.
9-29-11
Cruelty to animals.
9-29-12
Animals running at large--Pounds--Dog licenses.
9-29-13
Abatement of nuisances.
9-29-14
Fences and party walls.
9-29-15
Interference with radio reception.
9-29-16
Police powers of mayor, commissioners, and town marshals.
9-29-17
Mayor's power to summon aid in preserving order.
9-29-18
Duties of chief of police.
9-29-19
Powers of policemen--Arrest.
9-29-19.1
Arrest for ordinance violation--Complaint--Release on promise to appear.
9-29-20
Powers of sheriff or constable within municipality.
9-29-21
Salaried police receiving fees for criminal process as misdemeanor.
9-29-22
Costs in unsuccessful prosecutions for ordinance violations.
9-29-23
Release and remission of penalties for ordinance violations.
9-29-24
Municipal jail--Use of county jail.
9-29-25
City workhouse--Purposes for which used.
9-29-26
Family day care homes--Regulation and standards of care.
CHAPTER 9-30
REGULATION OF STREETS AND PUBLIC PLACES
9-30-1 Utility openings and lights in streets and alleys.
9-30-2 Regulation of use of public places--Cleaning--Obstructions and encroachments.
9-30-3 Signs and advertising in public places.
9-30-3.1 Display of campaign signs.
9-30-4 Traffic and sales in public places.
9-30-5 Snow removal--Weed removal--Expense paid by special assessment.
9-31-1
General authority to regulate use of motor vehicles, bicycles, trailers, and road
machinery.
9-31-2
Designation of routes of travel for commercial vehicles.
9-31-3
Speed regulation.
9-31-4
Assistance in enforcement of drunk-driving laws.
9-31-5
Establishment and use of parking meters--Use of proceeds.
9-32-1
Promotion of health and suppression of disease.
9-32-2
City board of health--Powers and duties.
9-32-3
Inspection of meats and food products.
9-32-4
Inspection of persons employed in food service establishments and stores.
9-32-5
Maintenance of public toilets in business district.
9-32-6
Stables, privies, and cesspools.
9-32-7
Slaughterhouses, foundries, livery stables, and blacksmith shops.
9-32-8
Protection of public water supply.
9-32-9
Cisterns, hydrants, pumps, sewers, and gutters.
9-32-10
Refuse in public places and streams.
9-32-11
Municipal garbage disposal systems.
9-32-12
Noxious and unhealthful vegetation.
9-32-13
Regulation and operation of cemeteries.
9-32-14
Municipal perpetual care cemeteries authorized.
9-32-15
Municipalities exempt from general perpetual care law.
9-32-16
Rates for perpetual care and burial spaces.
9-32-17
Records of sales--Deeds and perpetual care certificates.
9-32-18
Perpetual care trust fund--Crediting of income.
9-32-19
Acquisition of additional land for municipal cemetery.
9-32-20
Use of perpetual care fund for land acquisition.
9-32-20.1
Use of perpetual care trust fund to maintain cemetery.
9-32-20.2
Repealed.
9-32-21
Repossession of unused and uncared for lots and mausoleums.
9-32-22
Severability of cemetery provisions.
9-33-1
Storage of combustible material--Open fires--Fireworks.
9-33-2
Fire limits for wooden buildings--Condemnation of damaged buildings.
9-33-3
Lumber and combustible materials.
9-33-4
Regulation of building construction--Fire escapes.
9-33-4.1
Adoption of building codes authorized.
9-33-4.2
Copy of code kept on file--Availability to public.
9-33-5
Electrical wiring and appliances--Gas fittings and appliances.
9-33-6
City building inspections and permits.
9-33-7
Safety in theaters and places of amusement.
9-33-8
Steam boiler inspection.
9-33-9
Safety regulations in factories and buildings.
9-33-10
Safety examination of dwellings and enclosures.
9-33-11
Maintenance of fire-fighting equipment and water supply.
9-33-12
Purchase and repair of fire-fighting equipment and facilities.
9-33-13
Appropriations for voluntary fire department authorized.
9-33-14 to 9-33-16. Repealed.
9-33-17
City safety education programs.
9-33-18
City safety council.
9-34-1
Licensing procedure and terms.
9-34-2
Markets and market houses.
9-34-3
Inspection of weights and measures.
9-34-4
Weighing and measuring of articles of merchandise--City scales--Weighers and
inspectors.
9-34-5
Municipal regulation of food sales.
9-34-6
Repealed.
9-34-7
Transient merchants, auctioneers, and bankrupt stores.
9-34-8
Hawkers, peddlers, pawnbrokers, scalpers, employment agencies--Provisions not
applicable to peddling or soliciting telecommunications services.
9-34-9
Secondhand and junk stores.
9-34-10
Delivery men, taxi drivers, and expressmen.
9-34-11
Delivery vehicles and trucks.
9-34-12
Plumbers, electricians, residential contractors and heating, ventilation, and air
conditioning contractors.
9-34-13
Exhibitions, shows and amusements.
9-34-14
Poolrooms--Bowling alleys.
9-34-15
Public dances--Skating rinks.
9-34-16
Mind readers and fortunetellers.
9-34-17
Tattooing, saline tattoo removal, and body piercing.
9-34-18
Local regulation of peddling and soliciting.
9-34-19
Exemption of documentary material and data involving trade secrets, etc. from
disclosure--Consideration in executive session.
CHAPTER 9-35
CARRIER AND UTILITY FRANCHISES AND REGULATION
9-35-1 Street lighting--Utility poles, pipes, and other facilities in public places--Rate regulation--Municipally owned utilities.
9-35-2 Street railway tracks in first or second class municipalities--Duration of franchise--Municipality's option to purchase.
9-35-3 Grant of franchise subject to approval by voters--Exception.
9-35-4 Adoption of franchise ordinance--Publication and notice of election.
9-35-5 Majority vote of voters required for franchise.
9-35-6 Maximum duration of franchise.
9-35-7 Extension of streets, alleys, sewers, and waterworks through railroad property--Restoration of railroad property.
9-35-8 Maintenance of railroad crossings and drainage works.
9-35-9 Maintenance by railroads of safety devices at crossings--Grade changes--Fencing of right-of-way.
9-35-10 Steam, heat, and refrigeration systems--Bond issues.
9-35-11 Buses and taxis--Intercity service.
9-35-12 Municipal bus or transit service authorized--Territory serviced.
9-35-13 Petition for bus or transit service.
9-35-14 Contents of petition for bus or transit service--Conduct of election.
9-35-15 Air pollution abatement in operation of municipal bus service.
9-35-16 "Community antenna television system" defined.
9-35-17 Need for local regulation of CATV systems.
9-35-18 Regulation of CATV systems by ordinance.
9-35-19 Service requirement for CATV systems--Performance bonds--Expiration dates.
9-35-20 Quality standards for CATV systems--Regulation of rents or rates and installation charges.
9-35-21 Map of underground equipment of CATV system.
9-35-22 Occupational tax against CATV system.
9-35-23 Prior ordinances for operation of CATV systems validated.
9-35-24 Construction, maintenance, and lease of CATV system by municipality.
9-35-25 Definitions.
9-35-26 Authority of franchising authority to require franchise of cable operator--Ordinance.
9-35-27 Grant of additional franchises to other cable operators--Terms.
9-36-1
Municipal power to define and improve stream boundaries.
9-36-2
Resolution to establish stream boundaries within corporate limits.
9-36-3
Survey and marking of proposed stream boundaries--Filing of plat.
9-36-4
Notice of proposed resolution to establish stream boundaries--Contents and
publication.
9-36-5
Time of meeting to establish stream boundaries--Adjournment.
9-36-6
Filing of objections to proposed stream boundaries.
9-36-7
Hearing and final action by governing body on stream boundaries.
9-36-8
Appeal to circuit court on stream boundaries--Trial de novo.
9-36-9
Municipal acquisition of lands within established stream boundaries.
9-36-10
Improvement of stream boundaries--Land acquisition outside boundaries.
9-36-11
Navigation and flood control improvements within stream boundaries--Acquisition
of property--Assessments against adjoining property.
9-36-12
Notice to adjoining property owners to make improvements--Publication.
9-36-13
Improvements made by municipality--Special assessments for benefits.
9-36-14
Neglect by property owner to keep stream improvements in repair--Liability for
damages.
9-36-15
Agreements with state and United States for cooperation in flood control projects.
9-36-16
Powers of first or second class municipalities in implementing flood control projects.
9-36-17
Validation of prior municipal proceedings to conserve water and control floods.
CHAPTER 9-38
MUNICIPAL PARKS AND RECREATIONAL FACILITIES
9-38-1 Municipal authority to maintain facilities and issue bonds--Limitations on campgrounds and tourist accommodations.
9-38-2 Municipal power to preserve trees and inclose public ground.
9-38-3 Agreements with and grants from federal agency.
9-38-4 Bonding power for park improvements.
9-38-5 Libraries, museums, and art galleries in parks.
9-38-6 Athletic facilities in parks--Fee for use--Special park fund.
9-38-7 Governing body to control parks unless board created.
9-38-8 Park boards in second and third class municipalities--Composition and functions--Qualifications of members--Teams.
9-38-9 Abolition of board in city-manager city.
9-38-10 Park board in municipality of first class--Qualifications and teams of members--Salaries of board members.
9-38-11 Boards of park supervisors continued as park boards.
9-38-12 9-38-12. Repealed by SL 1995, ch 49, § 3.
9-38-13 Bonds of park board members--Payment of premiums.
9-38-14 9-38-14 to 9-38-17. Repealed by SL 1995, ch 49, §§ 4 to 7.
9-38-18 9-38-18. Repealed by SL 1978, ch 62, § 34.
9-38-19 Legal assistance to park board.
9-38-20 Regulations for park board business--Contracts on behalf of city.
9-38-21 9-38-21. Repealed by SL 1995, ch 49, § 9.
9-38-22 Park board records as evidence.
9-38-23 Reports by park board to governing body--Records subject to inspection.
9-38-24 Board authority over parks and boulevards--Concessions.
9-38-25 Placement under park board of trees, vegetation, sidewalks, and crossings along parks and thoroughfares.
9-38-26 Qualifications and appointment of park superintendent--Duties and salary--Employment of other officers and employees.
9-38-27 Bonds required of park board officers and employees.
9-38-28 Destruction of weeds in first or second class municipality--Notice to property owners by publication.
9-38-29 Destruction of weeds by park board--Special assessment against property to cover cost.
9-38-30 Division of first or second class municipality into park districts--Change in districts on change in municipal boundaries.
9-38-31 Acquisition of property for parks and boulevards--Sources of payment.
9-38-32 Acceptance of gifts for parks and boulevards--Conditions permissible.
9-38-33 Purposes for which acquired land used.
9-38-34 Change of use of lands authorized by election.
9-38-34.1 Private sale of park land occupied by encroaching building prior to January 1, 1988--Appraisal--Election exemption--Exchange of land--Sale as administrative decision.
9-38-35 Structures within parks--Purposes for which authorized.
9-38-36 Board consent required for streets through parks--Vacation of streets and alleys--Special assessments.
9-38-37 Improvement and maintenance of streets under park board--Payment from district funds.
9-38-38 Contract for street improvements under park board--Supervision by board.
9-38-39 Grading of streets after condemnation--Jury assessment of benefits and damages.
9-38-40 Proceedings for ascertaining damages and benefits on grading of streets under park board.
9-38-41 Appropriations and expenditures for park and boulevard improvements.
9-38-42 Annual estimate for maintenance and improvement of parks and roads.
9-38-43 9-38-43. Repealed by SL 1978, ch 62, § 34.
9-38-44 Annual estimate for maintenance of trees and shrubbery.
9-38-45 9-38-45, 9-38-46. Repealed by SL 1978, ch 62, § 34.
9-38-47 Requisition by park board for expenditure of appropriated funds.
9-38-48 Park district moneys not to be diverted to other districts.
9-38-49 Repealed by SL 2012, ch 57, § 72.
9-38-50 Repealed
9-38-51 Repealed by SL 2012, ch 57, §§ 74 to 76.
9-38-54 Water for park purposes supplied by municipality--Charges against park district.
9-38-55 First or second class municipality not liable for negligent injuries in improvement or operation of park--Employee's rights preserved.
9-38-56 Ordinance required for building of railway across park or boulevard.
9-38-57 Board consent required for utility wires or posts on parks or boulevards--Regulation by board.
9-38-58 Assessments for street and sewer improvements benefitting park land paid from park funds.
9-38-59 Repealed by SL 2012, ch 57, § 73.
9-38-60 Municipal power to construct and operate swimming pools--Resolution of necessity--Sources of funds used.
9-38-61 Swimming pool revenue bonds authorized.
9-38-62 Authorization, issuance, and sale of bonds.
9-38-63 9-38-63. Repealed by SL 1984, ch 43, § 131.
9-38-64 Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged.
9-38-65 Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders.
9-38-66 References in revenue bonds to authorizing resolution--Negotiability of bonds.
9-38-67 9-38-67, 9-38-68. Repealed by SL 1984, ch 43, § 131.
9-38-69 Special fund for swimming pool revenue bonds--Pledge of income.
9-38-70 9-38-70. Repealed by SL 1984, ch 43, § 131.
9-38-71 Establishment and collection of admission charges and rent for use of swimming pools--Expenses and bond payments to be covered by rents and charges.
9-38-72 Operating expenses paid from swimming pool fund--Appropriations from fund for bond payments and reserves.
9-38-73 Findings and determinations as covenants with holders of swimming pool revenue bonds.
9-38-74 Municipal indebtedness not authorized by swimming pool revenue bond law.
9-38-75 Severability of swimming pool revenue bond law and resolutions.
9-38-76 Gymnasium or community house authorized by voters--Bond issue.
9-38-77 Municipal borrowing power for recreation and playgrounds--Negotiable bonds.
9-38-78 Appropriations for playgrounds and athletics.
9-38-79 9-38-79. Repealed by SL 1978, ch 62, § 34.
9-38-80 Creation and purpose of recreation board--Delegation of powers to park board.
9-38-81 9-38-81. Repealed by SL 1995, ch 49, § 11.
9-38-82 Bond required of recreation board members--Payment of premiums.
9-38-83 9-38-83. Repealed by SL 1995, ch 49, § 12.
9-38-84 Documents and requisitions signed by board president or vice president--Countersigning of requisitions.
9-38-85 9-38-85. Repealed by SL 1995, ch 49, § 13.
9-38-86 Regulations for proceedings of recreation board--Contracts on behalf of city.
9-38-87 9-38-87. Repealed by SL 1995, ch 49, § 15.
9-38-88 Records of recreation board as evidence.
9-38-89 9-38-89. Repealed by SL 1978, ch 62, § 34.
9-38-90 Legal assistance to recreation board.
9-38-90.1 Combined park and recreation board--Powers and duties.
9-38-90.2 Members of combined board--Supervision.
9-38-90.3 Funds of combined board.
9-38-91 Powers of recreation board--Acquisition, maintenance, and supervision of land and facilities.
9-38-92 Park board responsibility for maintenance and improvement of recreation grounds--Parks used where possible.
9-38-93 Agreements by recreation board and park board for use of park grounds--Coordination of activities of boards.
9-38-94 Appointment, duties and compensation of director of recreation--Employment of other officers and employees.
9-38-95 Bonds required of recreation board officers and employees.
9-38-96 Recreation board recommendations by resolution--Ordinance based on recommendation.
9-38-97 Recreation board reports to governing body--Records subject to inspection.
9-38-98 Acceptance of gifts to first or second class municipality for recreational purposes.
9-38-99 Land acquisition for playgrounds and recreational purposes--Sources of money used in payment.
9-38-100 Contracts for construction and improvement of playgrounds and recreational facilities--Supervision by recreation board.
9-38-101 Expenses paid out of appropriated funds--Expenditure as other municipal funds.
9-38-102 9-38-102 to 9-38-104. Repealed by SL 1978, ch 62, § 34.
9-38-105 Municipality not liable for negligent injury in operation of playground and recreation system--Employee's rights preserved.
9-38-106 Special assessments for street and sewer improvements benefitting playground areas paid from recreational funds.
9-38-107 Appropriations for art galleries and museums--Board to control expenditures.
9-38-108 Appropriations for free musical concerts.
9-38-109 9-38-109 to 9-38-111. Repealed by SL 1978, ch 62, § 34.
9-38-112 Special park gift fund authorized.
9-38-113 Special recreation gift fund authorized.
9-39-1
Municipal power to construct and operate electric, light, heat, and power utilities.
9-39-2
Agreement with state or other governmental units for cooperative exercise of
statutory powers and duties.
9-39-3
Contracts between municipalities for joint projects.
9-39-3.1
Joint electric generation and transmission facilities--Bond issue for financing--Sale
of services to other entities--Liberal construction.
9-39-4
Agreements with other public bodies and utilities--Purposes.
9-39-4.1
Contracts with municipal power agencies--Action contesting validity--Voters'
approval not required.
9-39-5
Repealed.
9-39-6
Municipal power to place utilities under utility board--Utilities subject to provisions.
9-39-7
Petition for placement of utility under utility board--Number of signers required.
9-39-8
Form of question on placement of utility under utility board.
9-39-9
Appointment of members of utility board.
9-39-10
Terms of office of three-member utility board.
9-39-11
Terms of office of five-member utility board.
9-39-12
Vacancies on utility board--Qualifications of members.
9-39-13
Bond required of utility board members--Payment of premium.
9-39-14
Removal of utility board members from office.
9-39-15
Salary of utility board members.
9-39-16
Rules for utility board proceedings--Monthly meetings.
9-39-17
President and secretary of utility board--Salary of secretary.
9-39-18
Time of assumption of control by utility board.
9-39-19
Extension, improvement, and operation of utility--Contracts.
9-39-20
Law applicable to utility board contracts.
9-39-21
Employment of personnel by utility board--Inclusion in civil service system.
9-39-21.1
Appointment of municipal industrial development director.
9-39-22
Purchase of supplies by utility board--Wholesale purchase of utility service.
9-39-23
Rates, fees, charges, and assessments fixed by utility board--Rules and regulations.
9-39-24
Agreements between utility board and governing body--Services furnished to
municipality--Surplus funds.
9-39-25
Utility board powers limited by municipal powers.
9-39-26
Separate fund for utility receipts and disbursements--Separate accounts for each
utility.
9-39-27
Audit and allowance of claims against public utilities fund.
9-39-28
Warrants on municipal treasurer for disbursements from utilities fund.
9-39-29
Fiscal reports by utility board to governing body.
9-39-30
Municipal power to abolish utility board or terminate authority over utility.
9-39-31
Petition to abolish utility board or terminate authority.
9-39-32
Form of question on election to abolish utility board or terminate authority.
9-39-33
Time of change in utility management after approval by voters.
9-39-34
Control by governing body after utility board abolished or authority terminated.
9-39-35
Waiting period after election on powers of utility board.
9-39-36
Municipal power to sell, lease, or grant operating contract for utility.
9-39-37
Petition for sale, lease, or operating contract for utility--Number of signers required.
9-39-38
Election on sale, lease or operating contract for utility--Percentage of favorable votes
required.
9-39-39 Election requirement inapplicable to jointly owned facilities contracts.
9-40-1
Municipal power to acquire and operate utility systems--Types of services
provided--Limits of service area.
9-40-2
Systems defined as utilities.
9-40-3
Combining of systems and services into single utility system.
9-40-4
Utility facilities outside municipal limits.
9-40-4.1
Water pollution prevention contracts.
9-40-4.2
Financial aid for sewerage and water facility systems--Federal contracts.
9-40-4.3
Contracts and creation of body for operation of sewerage and water facility
systems.
9-40-5
Bond issue for erection or acquisition of utility--Credit of municipality not
used--Authorization--Issuance--Sale.
9-40-6
Revenue bond issue for extension or improvement of utility.
9-40-7
Additional revenue bonds authorized when original issue insufficient--Priority
of issues.
9-40-8
Provision for additional bond issues of equal standing.
9-40-9
Provision for extension or improvement of utility by additional bond issue--Junior to prior issues.
9-40-10
Resolution or ordinance to refer to chapter--Purchase price for utility to be
specified.
9-40-11
Ordinance provisions for utility operation and security of bondholders.
9-40-12 to 9-40-14. Repealed.
9-40-15
Bonds payable from revenue--Circumstances not requiring election.
9-40-15.1
Collection of charges for sewerage, water services, and drainage basin utility
districts--Amount and basis of charges--Surcharge on water bills.
9-40-16
Pledge of revenue to separate fund--Separate account for bond payments and
reserve--Depreciation account and operational costs.
9-40-17
Revenue pledged to payment of extension and improvement bonds--Prior
pledge for original bond issue.
9-40-18
Taxing power not used for payment of revenue bonds--Restriction on use of
other municipal funds.
9-40-19
Chapter and resolution or ordinance incorporated in terms of bonds.
9-40-20
Repealed.
9-40-21
Separate or combined acquisition of utilities--Purchase price.
9-40-22
Payment of purchase price by issuance of bonds.
9-40-23
Bonds set apart for payment of underlying debt--Income set aside for debt
retirement.
9-40-24
Exchange of bonds for underlying debt--Application of proceeds to debt.
9-40-25
Bondholders' statutory mortgage on utility--Disposition of utility prohibited
until bonds retired.
9-40-26
Statutory lien continued until bonds paid.
9-40-27
Enforcement by bondholders of statutory mortgage and requirements of
chapter.
9-40-28
Rates to cover bond retirement and operational costs.
9-40-29
Municipality to pay for services rendered by utility.
9-40-30
Surplus transferred to depreciation account.
9-40-31
Expenditures from depreciation account--Investment of accumulations.
9-40-32
Surplus applied to other municipal or public purposes.
9-40-33 Receivership on default or mismanagement--Powers of receiver.
9-40-34 Judicial approval of rates charged during receivership--Criteria for establishment of rates.
9-40-35 Termination of receivership and restoration of municipal control.
9-40-36 Repealed.
9-40-37 Sale and lease-back arrangements for waterworks and waste disposal facilities.
9-40-38 Sale of waterworks and waste disposal facilities--Conditions.
9-40-39 Tax exemption of waterworks and waste disposal facilities.
9-40-40 Sale and lease-back powers additional--Restrictions.
9-40-41 Drainage utility fund--Fees.
9-41-1
Power of municipality to establish and operate telephone system--Connection and
joint operation with rural telephone system.
9-41-1.1
Purchase of equipment for resale.
9-41-2
Revenue bonds authorized--Issuance--Sale--Segregated revenue or income.
9-41-3
Additional bonds authorized when original issue insufficient--Priority of issues.
9-41-4
Ordinance provisions for operation of system and security of bondholders.
9-41-5, 9-41-6.
Repealed.
9-41-7
Bondholders' statutory mortgage on telephone improvements--Disposition of
system prohibited until bonds retired.
9-41-8
Pledge of telephone revenues to separate fund--Separate account for bond payments
and reserve--Depreciation account and operational expenses.
9-41-9
Rates supervised by Public Utilities Commission--Sufficient for bond retirement
and operation.
9-41-10
Transfer of surplus to depreciation account.
9-41-11
Severability of chapter and resolutions.
9-41A-1
Definition of terms.
9-41A-2
Formation of agency by agency agreement.
9-41A-3
Contents of agency agreement.
9-41A-4
Filing of agency agreement and resolutions--Certificate issued.
9-41A-5
Commencement of corporate existence--Certificate as evidence of incorporation.
9-41A-6
Powers of city representatives--Meetings--Quorum.
9-41A-7
Expenses of formation of agency--City representatives' expenses.
9-41A-8
Amendment of agency agreement--Ratification and filing.
9-41A-9
Initial meeting of directors.
9-41A-10
Adoption of bylaws--Contents.
9-41A-11
Registered office of agency--Change of location.
9-41A-12
Composition and powers of board of directors--Terms of office--Filling of vacancies.
9-41A-13
Meetings of directors--Quorum.
9-41A-14
Appointment of officers of agency--Removal--Powers and duties.
9-41A-15
Employee unions and collective bargaining.
9-41A-16
Indemnity of officers and employees for official acts--Liability insurance for
protection.
9-41A-17
Powers exercised by directors--Good faith required.
9-41A-18
Action through agents or by contract.
9-41A-19
Acquisition, maintenance, and improvement of projects--Agency.
9-41A-20
Investigation, surveys, and estimates of additional sources of energy.
9-41A-21
Cooperation with others in development of energy sources.
9-41A-22
Applications to regulatory agencies--Compliance with requirements.
9-41A-23
Determination of location and character of projects.
9-41A-24
Contracts for project construction and sale of energy.
9-41A-25
Purchase, sale, and transmission of electric energy--Agreements.
9-41A-26
Powers over money.
9-41A-27
Acceptance of loans and grants--Compliance with conditions.
9-41A-28
Borrowing power--Bonds and notes.
9-41A-29
Investment of funds.
9-41A-30
Powers over personal property.
9-41A-31
Powers over real property.
9-41A-32
Power of eminent domain.
9-41A-33
Franchises and leases of facilities.
9-41A-34
Encumbrance of property to secure obligations.
9-41A-35
Insurance against losses to property.
9-41A-36
Payments in lieu of property tax--Valuation of property.
9-41A-37
Powers incidental to purposes of chapter.
9-41A-38
Bonds and notes authorized--Purposes.
9-41A-39
Terms of bonds and notes.
9-41A-40
Bonds and notes payable solely from agency revenues--State and first or second class
municipalities not obligated.
9-41A-41
Agency funds pledged for security of bonds and notes.
9-41A-42
State approval not required for bonds and notes--Establishment and pledge of rents
and charges.
9-41A-43
Negotiability of bonds and notes.
9-41A-44
Continuing validity of officers' signatures on bonds and notes--Temporary bonds.
9-41A-45 Sale of bonds and notes.
9-41A-46 Bonds and notes as legal investments for public, corporate and fiduciary funds.
9-41A-47 Trust indenture or security agreement as contract with holders of bonds or notes--Contents.
9-41A-48 Encumbrance of property to secure bonds and notes--Filings.
9-41A-49 Officers and members of agency not personally liable on bonds or notes.
9-41A-50 Repurchase of bonds and notes--Cancellation or resale.
9-41A-51 Condemnation under power of eminent domain--Continuing power.
9-41A-52 Property already used for electric power not subject to condemnation.
9-41A-53 Exemption from bidding and performance bond requirements applicable to public contracts.
9-41A-54 Establishment of rates, charges and reserves.
9-41A-55 Pledge of revenues to bonds, notes and contractual obligations.
9-42-1
Definition of terms.
9-42-2
Approval required for use of municipal funds for private benefit or improvements
outside corporate limits.
9-42-3
Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized
statement of costs.
9-42-4
Plans and specifications for local improvements--Notice and advertising for bids.
9-42-5
Construction and repair contracts awarded on competitive bids--Rejection of bids and
readvertisement.
9-42-6
Plans prepared and contract awarded by state or federal agency financing local
improvement.
9-42-7
Combining improvements for purposes of plans and contract--Allocation of costs.
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.
9-42-9
Validation of local improvement proceedings prior to 1953.
9-42-10
Repealed.
9-42-11
Contract executed after acceptance of bid--Provision for payment by special
assessment certificates.
9-42-12
Approval and adoption of work required before payment--Progress payments--Interest on delayed payments.
9-42-12.1
Payments from general fund of municipality.
9-42-13
Payment due on occupancy of improvement before completion.
CHAPTER 9-43
SPECIAL ASSESSMENTS AND FINANCING OF IMPROVEMENTS
9-43-1 Repealed by SL 2012, ch 57, § 1.
9-43-2 9-43-2 to 9-43-4. Repealed by SL 1975, ch 89, § 2.
9-43-5 9-43-5 to 9-43-41. Repealed by SL 2012, ch 57, § 2.
9-43-41.1 9-43-41.1. Repealed by SL 1974, ch 78, § 6.
9-43-42 9-43-42 to 9-43-53. Repealed by SL 2012, ch 57, § 2.
9-43-53.1 9-43-53.1. Repealed by SL 1974, ch 78, § 6.
9-43-54 9-43-54 to 9-43-74. Repealed by SL 2012, ch 57, § 2.
9-43-75 Local improvement defined.
9-43-76 Municipal powers relating to special assessments and financing local improvements.
9-43-77 Sources of funds for payment of cost of improvement.
9-43-78 Calculation of special assessments--Property outside municipal boundaries.
9-43-79 Assessment according to special benefit.
9-43-80 Total benefit of local improvement.
9-43-81 Plans and specifications.
9-43-82 Proposed resolution of necessity--Public hearing.
9-43-83 Notice of hearing--Publication.
9-43-84 Personal notice of hearing by mail.
9-43-85 Objections--Adoption--Amendment.
9-43-86 Time for construction, contract, levy and collection of assessments--Protest petition.
9-43-87 Assessment roll.
9-43-88 Lot defined.
9-43-89 Assessment payable in installments.
9-43-90 Hearing on assessment roll--Notice.
9-43-91 Approval, equalization, amendment, or rejection of assessment roll.
9-43-92 New roll to be made upon rejection.
9-43-93 List of amended items to be published--Hearing.
9-43-94 Approval and levy of assessment.
9-43-95 Resolution to specify payment plan.
9-43-96 Appeal of decision--Time for appeal--Notice of appeal.
9-43-97 Numbering of each item of assessment.
9-43-98 Special record.
9-43-99 Notice of assessment mailed to owners.
9-43-100 Continuing lien on property--Exceptions.
9-43-101 Waiver or reduction of special assessments.
9-43-102 Resolution to specify payment under Plan One or Plan Two.
9-43-103 Payment due dates--Interest on unpaid installments.
9-43-104 Payment without interest or interest to the date of payment.
9-43-105 Delivery of assessment roll to county auditor under Plan One.
9-43-106 Delivery of assessment roll to county auditor under Plan Two--Notice of payment of delinquent installment.
9-43-107 Time for Plan One payment to municipal finance officer.
9-43-108 County auditor to certify installment, interest, and general taxes to the county treasurer for collection.
9-43-109 Calculation of interest on installments--Delinquent installments--Penalty.
9-43-110 Amount owing by county, municipality, school district, or the state on account of assessments against property within municipality.
9-43-111 Payment of proceeds of special assessments under Plan One or delinquent Plan Two.
9-43-112 Sale of parcel for nonpayment of taxes and assessments--Redemption.
9-43-113 County bid to include assessments--Payment and discharge of lien.
9-43-114 Negotiable bonds to finance local improvement.
9-43-115 Fund for payment of cost of improvements.
9-43-116 Transfer of special assessment bonds to general obligation bond sinking fund.
9-43-117 Application of moneys received from collection of assessments.
9-43-118 Application of moneys collected in debt service fund for general obligation bonds--Tax levy for payment of general obligation bonds--Transfer of assessment bonds.
9-43-119 Calculation of net indebtedness of municipality on general obligation bonds.
9-43-120 Special assessment accounts--Source of moneys for accounts.
9-43-121 Separate fund to pay cost of local improvements.
9-43-122 Transfer of special assessment bonds to special assessment accounts.
9-43-123 Transfer of excess assets to sinking fund for general obligation bonds issued to create and maintain special assessments.
9-43-124 Restriction on transfer of special assessment moneys to other municipal fund.
9-43-125 Restriction on injunctions--Time for commencing action on assessment.
9-43-126 Action challenging assessment to resolve all issues in one proceeding.
9-43-127 Districts for construction and maintenance of local improvements.
9-43-128 Plan for local improvement district.
9-43-129 Publication of notice of plan for local improvement district--Public hearing.
9-43-130 Approval, modification or rejection of plan.
9-43-131 Lots in district liable for assessments upon approval of plan.
9-43-132 Apportionment of costs according to benefits accruing to lots.
9-43-133 Lots subject to assessment both as fronting and abutting property and as property benefited.
9-43-134 New assessment or reassessment for irregularities.
9-43-135 Notice of reassessment.
9-43-136 Assessment of additional cost of improvement--Public hearing.
9-43-137 Federal loans.
9-43-138 Special maintenance fee--Purposes--Exemptions.
9-43-139 Application of chapter.
9-44-1
Municipal improvement bonds authorized in lieu of special assessment certificates.
9-44-2
Authorization--Issuance--Sale--Maturity.
9-44-3
Amount of bond issue.
9-44-4
Repealed.
9-44-5
Covenants with bondholders authorized.
9-44-6
Agreement by municipality to pay part of bonds from tax proceeds--Constitutional
limitation--Irrepealable tax levy.
9-44-7
Municipal agreement as to water and sewer service charges--Adequacy of rates.
9-44-8
Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of
levy.
9-44-9
Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited.
9-44-10
Bonds payable from improvement fund--Negotiability--Municipal obligation limited.
9-44-11
Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance.
9-44-12
Repealed.
CHAPTER 9-45
STREET AND ALLEY IMPROVEMENTS
9-45-1 Municipal power over streets, alleys, and public grounds--Types of improvements permitted.
9-45-2 Street names and numbering of houses.
9-45-3 Bridges, culverts and sluiceways.
9-45-4 City power over bridges, viaducts, and tunnels.
9-45-5 Crosswalks, curbs, gutters, and drains.
9-45-6 Survey and plat filed on laying out or boundary change in street, alley, or public ground.
9-45-7 Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.
9-45-8 Publication of notice of petition and hearing on vacation.
9-45-9 Hearing and decision on vacation of street, alley, or public ground--Vote required.
9-45-10 Vacation after nonuser of platted street or alley--Petition of property owners.
9-45-11 Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
9-45-12 Publication and filing of resolution vacating platted street or alley.
9-45-13 Irregularities in vacation proceedings cured after two years.
9-45-13.1 Vacation of street in extraterritorial jurisdiction of municipality.
9-45-14 Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.
9-45-15 Change of grade of street--Municipal liability for damage to abutting property.
9-45-16 Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.
9-45-17 Viaduct specifications determined by governing body.
9-45-18 Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.
9-45-19 Viaduct work done by municipality on failure by railroad--Costs charged against railroad.
9-45-20 Repealed by SL 2012, ch 57, §§ 79 to 93.
9-45-35 Assumption by municipality of cost of repairing street previously constructed by assessment.
9-45-36 Sidewalk relocation costs shared by municipality.
9-45-37 Record of street proceedings kept by auditor or clerk.
9-45-38 Repealed by SL 2012, ch 57, §§ 95, 96.
CHAPTER 9-46
SIDEWALK IMPROVEMENTS
9-46-1 Width and material of sidewalks prescribed by ordinance.
9-46-1.1 9-46-1.1. Repealed by SL 1994, ch 52, § 4.
9-46-1.2 9-46-1.2. Repealed by SL 2018, ch 55, § 1.
9-46-1.3 Resolution--Sidewalk Location.
9-46-2 Liability of adjoining property owner for failure to keep sidewalks in repair.
9-46-2.1 Municipal sidewalk--Construction.
9-46-2.2 Notice of hearing--Municipal sidewalk.
9-46-2.3 Notice--Mailing.
9-46-3 Repealed
9-46-4 Municipal construction on failure by adjoining owner.
9-46-4.1 Sidewalk--Financing.
9-46-4.2 Definition.
9-46-5 Repealed
9-46-6 Repealed
9-46-7 Repealed
9-46-8 Repealed
9-46-9 Repealed
9-46-10 9-46-10. Repealed by SL 1987, ch 80, § 3.
9-46-11 Mailboxes on or adjacent to curbs or sidewalks.
9-46-12 Municipal authority.
CHAPTER 9-47
WATER SUPPLY SYSTEMS
9-47-1 General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies.
9-47-2 Real property in adjoining states.
9-47-3 Emergency contract for repair or replacement on complete failure of water supply.
9-47-4 Contract for waterworks system--Maximum tax levy without approval by voters.
9-47-5 Special assessments.
9-47-6 Connections from water main to lot line--Assessment.
9-47-7 Repealed by SL 2012, ch 57, § 98.
9-47-8 Classification of water pipes and mains.
9-47-9 9-47-9, 9-47-10. Repealed by SL 2009, ch 38, § 1, 2.
9-47-11 Repealed by SL 2012, ch 57, §§ 99, 100.
9-47-13 Repealed
9-47-14 Repealed
9-47-15 Repealed
9-47-16 Repealed by SL 2012, ch 57, § 101.
9-47-17 Acquisition of water mains in newly annexed area.
9-47-18 Distance between water connections.
9-47-19 Repealed by SL 2012, ch 57, § 102.
9-47-20 Municipal artesian wells authorized.
9-47-21 Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water.
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.
9-47-23 Election of municipality to provide service after previously declining--Requirements of purchase.
9-47-24 Election to provide service to persons being served by rural water system--Purchase of facilities.
9-47-25 Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation.
9-47-26 Election to provide service to persons outside three-mile area.
9-47-27 Certain matters negotiable for contract between parties.
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.
9-47-29 Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost.
9-48-1
Classification of sewers.
9-48-2
Authority to establish, construct, and maintain sewer systems--Separate fund.
9-48-3
Real property in adjoining state.
9-48-4
Sewer pipes on private property--Discharge of sewage into stream.
9-48-5
Acquisition of sewer mains in newly annexed area.
9-48-6
General obligation bonds for financing of sewers.
9-48-7
Connections from sewers to lot line.
9-48-8 to 9-48-14. Repealed.
9-48-15
Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.
9-48-16
Municipal purchase of private sewers.
9-48-17
Plans, specifications and cost estimate filed before purchase of sewer--Resolution.
9-48-18
Property owners' protest against purchase of private sewer.
9-48-19
Repealed.
9-48-20
Minimum distance between sewer connections.
9-48-21 to 9-48-25. Repealed.
9-48-26
Sewer utility charges established by ordinance, resolution, or with voters' approval.
9-48-27
Factors considered in establishing sewer charges--Collection with water rentals.
9-48-28
Metering of water supply to determine sewer charges--Consideration of water
consumed without return to sewer system.
9-48-29
Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of
fund.
9-48-30
Special contract powers unimpaired.
9-48-31
Revenue bond authority unimpaired by provisions as to sewer charges and rentals.
9-48-32
Special contract for disposing of private sewage or industrial waste through
municipal sewage treatment plant.
9-48-32.1
Sewer utility rates and charges for recovery of capital costs--Intergovernmental
cooperation.
9-48-33 to 9-48-52. Repealed.
9-48-53
Connection of plumbing fixtures to public water sewer system--Purchase or lease of
preexisting private sewers--Exemption of first class municipalities.
9-51-1
Legislative findings and policy.
9-51-1.1
Appointive board to manage parking facilities--Contents of ordinance.
9-51-2
Portion of parking meter revenues accumulated in parking lot and area fund--Approval of voters required--Computation of revenues.
9-51-3
Parking meter revenues released on determination to issue bonds.
9-51-4
Use of moneys in parking lot and area fund--Retirement of bonds as proper purpose--Use for street construction and maintenance.
9-51-5
Utility revenue bonds and general obligation bonds authorized for acquisition,
improvement, and operation of off-street parking lots.
9-51-6
Contract for purchase or lease of parking lot authorized--Maximum term.
9-51-7
Appraisement of property being purchased for parking lot--Maximum price.
9-51-8
Annual appropriations for parking lot operated under contract--Prior application of
parking meter revenues.
9-51-9
Parking facility financing law--Definition of terms.
9-51-10
Acquisition, improvement and operation of parking facilities--Traffic control
devices--Use of municipal funds.
9-51-11
Alternative means of financing parking facilities.
9-51-11.1
Repealed.
9-51-12
State and federal aid to municipal parking facilities--Agreement by municipality.
9-51-13
Issuance of parking facility revenue bonds authorized.
9-51-14
Ordinance authorizing revenue bonds--Pledge and definition of net revenues.
9-51-15
Contents of resolution or ordinance--Covenants and agreements with bondholders.
9-51-16
Issuance and sale of bonds--Reference to ordinance for matters not covered in bonds--Negotiability.
9-51-17
Repealed.
9-51-18
Bondholders have no right to compel tax levy or appropriation.
9-51-19
Additional bonds if original issue insufficient--Junior to prior issues unless other
provision made.
9-51-20
Repealed.
9-51-21
Revenue bonds not municipal indebtedness.
9-51-22
General obligation bonds authorized for parking facilities.
9-51-23
Net revenues pledged to payment of special obligation bonds--Additional covenants
authorized.
9-51-24
Agreement by municipality to levy property tax--Indebtedness within constitutional
limitation--Levy of irrepealable tax--Maximum levy.
9-51-25
Agreement to levy tax to cover deficiency--Levy notwithstanding omission of
covenant--Levy in anticipation of deficiency--Maximum levy.
9-51-26
Agreement to levy tax when bonds due--Certification to county auditor.
9-51-27
Spread of tax against taxable property within municipality--Certification to auditor
of more than one county.
9-51-28
Tax proceeds placed in debt service fund--Transfers from revenue fund to debt
service fund--Reduction of tax levy.
9-51-29
Repealed.
9-51-30
Covenants and stipulations for administration of parking facilities and security of
bondholders--Bondholders' right to compel performance--Lien not granted.
9-51-31
Repealed.
9-51-32
Lease of municipally owned parking facilities--Regulation of rates--Improvements
by lessee--Publication of terms of lease.
9-51-33
Operating management contracts for municipally owned parking facilities.
9-51-34
Financing law alternative and independent of other laws.
9-51-35
Parking district law--Definition of terms.
9-51-36
Acquisition, improvement and maintenance of parking facilities authorized--Additional to other powers.
9-51-37 to 9-51-47.1. Repealed.
9-51-48
Municipal and parking meter funds used to maintain parking facilities.
9-51-49
Charges for use of parking facilities--Public parking facility fund--Application of
fund.
9-51-50
Repealed.
9-51-51
Discontinuance or diversion of use of parking facilities--Contracts and covenants to
be honored--Referendum.
9-52-1
Power to construct, operate, and maintain auditorium.
9-52-1.1
Lease of auditorium or convention center--Terms--Rent.
9-52-2
Power to create auditorium board.
9-52-3
Auditorium revenue bonds authorized--Purposes for which proceeds used.
9-52-4
Authorization, issuance and sale of bonds--Vote required.
9-52-5
Municipal indebtedness not authorized by chapter.
9-52-6
Revenue bonds payable solely from auditorium revenues--Credit and taxing
powers not pledged.
9-52-7
Repealed.
9-52-8
Auditorium revenues appropriated to special fund--Operating expenses paid
from fund--Net revenue pledged to separate account for bond retirement and
reserves.
9-52-9
Covenants and agreements with bondholders for administration and security of
bonds--Bondholders' right to compel performance.
9-52-10
Repealed.
9-52-11
Findings and determinations as binding covenants.
9-52-12
Reference to authorizing resolutions for matters not covered in bonds--Negotiability.
9-52-13, 9-52-14. Repealed.
9-52-15
Bondholders' statutory mortgage on auditorium property--Enforcement of lien
and compelling performance of duties.
9-52-16
Admission charges and auditorium rentals--Adequacy for expenses, return on
municipal investment and retirement of bonds.
9-52-17
Operation for purpose of profit prohibited.
9-52-18
Municipality and board exempt from liability for negligence of officers and
employees--Employees' rights preserved.
9-52-19 to 9-52-22. Repealed.
9-52-23
General powers of auditorium board--Copies of board proceedings as evidence.
9-52-24
Custody and disbursement of auditorium funds--Petty cash fund.
9-52-25
Annual report by auditorium board to governing body--Records subject to
inspection.
9-52-26
Auditorium board governed by terms of bonds and resolutions.
9-52-27
Receivership on default in bonds or dissipation of auditorium assets--Powers
of receiver--Termination of receivership.
9-52-28
Severability of chapter and resolutions.
9-52-29
Sale and lease-back arrangements--Tax exemption.
9-52-30
Sale and lease-back arrangements--Validation of prior actions.
9-52-31
Sale and lease-back arrangements--Powers additional.
9-53-1
Definition of terms.
9-53-2
Municipal power to acquire, build, improve and maintain convention halls.
9-53-3
Establishment of benefit district--Assessment of costs against property.
9-53-4
Feasibility survey conducted prior to establishment of district.
9-53-5
Plat showing district boundaries and location of hall.
9-53-6
Schedule of cost estimates and financing plan.
9-53-7
Preparation and filing of proposed resolution of necessity--Contents.
9-53-8
Costs of preliminary papers and resolution.
9-53-9
Mailing of notice of hearing on resolution of necessity.
9-53-10
Hearing and action by governing body on resolution of necessity.
9-53-11
Repealed.
9-53-12
Authority to proceed with improvement and assessments after adoption of resolution.
9-53-13
Levy and collection of special assessments--Assessment bonds.
9-53-14
Contract or assessment not invalidated by irregularity--Determination of governing
body conclusive.
9-53-15
Supervision of operation of hall--Maintenance funds.
9-53-16
Charges for use of hall--Purposes to which applied.
CHAPTER 9-54
ECONOMIC DEVELOPMENT PROJECTS
9-54-1 Purpose of chapter.
9-54-2 Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects.
9-54-2.1 Power to issue revenue bonds, purchase or discharge debt of nonprofit corporation operating health care or housing facility and enter revenue agreements--Location of project.
9-54-2.2 Restriction on use of bonds for elderly housing projects.
9-54-3 "Revenue bonds" defined.
9-54-3.1 "Revenue agreement" defined.
9-54-4 Costs to be covered by bonds--Authorization, issuance and sale of bonds.
9-54-5 Amount of bond issue limited by costs.
9-54-6 Bonds not general obligations nor payable by taxation--Recitals in bonds.
9-54-7 Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.
9-54-8 Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.
9-54-8.1 Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.
9-54-9 Municipal obligations restricted by contractual payments from facilities.
9-54-10 County and sanitary district powers.
9-54-11 Municipal joint or cooperative agreements.
9-54-12 Compliance with federal requirements for tax exemption.
9-55-1
Definition of terms.
9-55-2
Imposition of special assessment or general business license and occupation tax.
9-55-3
Uses to which generated funds may be put.
9-55-4
Creation of business improvement district--Established business area.
9-55-5
Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development
plan.
9-55-6
Composition of board--Vacancies--Terms--Officers.
9-55-7
Creation of districts by resolution of intent--Contents--Basis of occupation tax or
special assessment.
9-55-8
Notice of hearing.
9-55-9
Petition for hearing.
9-55-10
Duties of governing body at hearing--Termination of hearing--Issuance of bonds for
convention center from proceeds of general occupational tax.
9-55-11
Procedure for change of boundaries.
9-55-12
Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.
9-55-13
Special assessment against real property located in district--Procedure.
9-55-14
Levy of general business occupation tax in addition to or in place of special
assessments.
9-55-15
Procedure for implementation of tax.
9-55-16
Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure.
9-55-17
Limitations on amount of assessments or taxes.
9-55-18
Purpose of taxation or assessment by municipality--Limitations on taxation and
assessment--Method of taxation or assessment.
9-55-18.1
Issuance and sale of bonds--Permissible uses of proceeds--Business improvement
district to remain in effect.
9-55-19
Procedure for abolishment of district.
9-55-20
Disposition of proceeds of tax or assessment upon abolishment.
9-55-21
Use of donated funds or grants.
9-55-22
Dissolution of district imposing occupational tax on rooms rented.
