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9-51-11.1      Repealed.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9-51-17      Repealed.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9-51-20      Repealed.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.

9-51-1. Legislative findings and policy.

It is hereby declared that the free circulation of traffic through the streets of any municipality is necessary to the health, safety, and general welfare of the public; that the greatly increased use by the public of motor vehicles and the parking of such vehicles in the streets and the lack of adequate off-street parking facilities creates congestion, obstructs the free circulation of traffic, diminishes property values and endangers the health, safety, and general welfare of the public; that the provision of conveniently located automobile parking facilities is therefore necessary to the exercise of the police power in the regulation and control of traffic and to alleviate such conditions, and the establishment of automobile parking facilities including off-street parking facilities is deemed to be a proper public or municipal purpose.

Source: SL 1955, ch 216, § 1; SDC Supp 1960, § 45.02A01.

9-51-1.1. Appointive board to manage parking facilities--Contents of ordinance.

Every municipality shall have power to create an appointive board of not more than seven and not less than three members in first class municipalities for the purpose of managing public parking facilities and automobile parking facilities including on-street parking facilities and to provide by ordinance the qualifications, mode of appointment, tenure of office, compensation, powers, duties of and rules and regulations governing such board.

Source: SL 1973, ch 58, § 5; SL 1974, ch 84.

9-51-2. Portion of parking meter revenues accumulated in parking lot and area fund--Approval of voters required--Computation of revenues.

A municipality shall be required to accumulate at least fifty percent of the revenues derived from parking meters in a special fund to be known as the "parking lot and area fund"; provided that a majority of the voters of the municipality voting at any regular or special election called for that purpose, shall have first determined that fifty percent of the revenues so derived shall be deposited and used. Fifty percent of the revenue shall mean one-half of the revenues remaining after payments on purchase price and the actual cost of repairing said meters.

Source: SL 1951, ch 244, § 2; SL 1953, ch 252, § 1; SDC Supp 1960, § 45.0201-1 (10); SL 1961, ch 243.

9-51-3. Parking meter revenues released on determination to issue bonds.

Any election previously held in any municipality under the provisions of § 9-51-2 may be disregarded upon the determination of any municipality to issue bonds under the provisions of §§ 9-51-9 to 9-51-34, inclusive.

Source: SL 1955, ch 216, § 11; SDC Supp 1960, § 45.02A11.

9-51-4. Use of moneys in parking lot and area fund--Retirement of bonds as proper purpose--Use for street construction and maintenance.

Moneys in the parking lot and area fund referred to in § 9-51-2 shall be disbursed only for the purpose of acquiring parking lots and areas, and for surfacing or otherwise improving said lots or areas making them suitable for public parking, provided that the retirement of revenue bonds or general obligation bonds issued for the financing of the purchase of parking lots and areas shall be considered as an acquisition of such properties within the meaning of this section.

When funds have accumulated in the parking lot and area fund, under the provisions of § 9-51-2, and it shall be determined by a majority vote of the voters of the municipality, voting at any regular or special election, called for the purpose by the governing body, that such funds, or any portion thereof, are no longer needed for the purposes declared in this section, the governing body of such municipality may then use such funds for the construction or maintenance of the city streets.

Source: SL 1951, ch 244, § 2; SL 1953, ch 252, §§ 1, 2; SDC Supp 1960, § 45.0201-1 (10); SL 1961, ch 243; SL 1992, ch 60, § 2.

9-51-5. Utility revenue bonds and general obligation bonds authorized for acquisition, improvement, and operation of off-street parking lots.

Every municipality shall have the power to acquire, improve, equip, operate, maintain, and regulate parking lots and areas for the off-street parking of vehicles, to fix and collect parking fees for the parking of vehicles therein and to issue its revenue bonds for such purposes in the manner and after authorization as provided by chapter 9-40 payable solely from the revenues from such parking lots and on-street or off-street parking meters and also for such purposes to issue its general obligation bonds after authorization as provided by statute for payment of which the municipality in addition to pledging its general credit may set aside or pledge in whole or in part the revenues from parking lots or parking meters, or both, operated by it.

Source: SL 1947, ch 223; SL 1949, ch 195; SDC Supp 1960, § 45.0201-1 (11).

9-51-6. Contract for purchase or lease of parking lot authorized--Maximum term.

The governing body of any municipality may enter into a contract for a term of years, not exceeding fifteen, for the purchase or lease by the municipality of real property to be used as a parking lot and area.

Source: SL 1953, ch 273; SDC Supp 1960, § 45.0201-1 (14).

9-51-7. Appraisement of property being purchased for parking lot--Maximum price.

Before entering into a contract for the purchase of real property under the terms of § 9-51-6, the governing body shall cause such real property to be appraised by a board of three disinterested appraisers who are freeholders within the municipality or by one or more persons licensed by the state to do fee appraisals. No contract may be entered into by the governing body if the purchase price is in excess of the amount of such appraisement.

Source: SL 1953, ch 273; SDC Supp 1960, § 45.0201-1 (14); SL 1987, ch. 81.

9-51-8. Annual appropriations for parking lot operated under contract--Prior application of parking meter revenues.

If the term of such contract as described in § 9-51-6 shall extend for more than one year an appropriation need not have been previously made concerning such expense except sufficient to cover the amount payable or estimated to become payable under such contract for the first year thereof, and the governing body shall annually thereafter appropriate sufficient money to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year, provided, however, that at least fifty percent of the revenues derived each year from parking meters as defined by § 9-51-2, shall be first applied in payment of all sums payable in any one year under such contract or contracts.

Source: SL 1953, ch 273; SDC Supp 1960, § 45.0201-1 (14).

9-51-9. Parking facility financing law--Definition of terms.

The term "automobile parking facilities" as used in §§ 9-51-9 to 9-51-34, inclusive, shall include off-street parking lots, lanes, garages, ramps, buildings, or other structures and accessories used or useful in the parking of motor vehicles including parking meters and traffic devices. Such facilities may be on the surface, above or under the ground.

The term "revenue" or "revenues" as used in §§ 9-51-9 to 9-51-34, inclusive, shall include the moneys or proceeds from the rates, rents, fees, or charges collected and received by a municipality for the use of or benefits received from off-street parking facilities and, to the extent determined by the ordinance or ordinances adopted hereunder, from on-street parking facilities and including rents and income from the leasing of off-street parking facilities.

Source: SL 1955, ch 216, § 2; SDC Supp 1960, § 45.02A02.

9-51-10. Acquisition, improvement and operation of parking facilities--Traffic control devices--Use of municipal funds.

Every municipality shall have power to acquire by gift, lease, purchase, or condemnation proceedings any property, whether real, personal, or mixed, deemed by its governing body to be needed for the municipality's regulation and control of traffic on its streets, alleys, and public grounds by providing, regulating, and operating on-street or off-street parking lanes or areas and may acquire by purchase or lease parking meters or other traffic control devices and may construct or otherwise provide, equip, maintain, and operate automobile parking facilities and may expend municipal funds for these purposes.

Source: SL 1955, ch 216, § 3; SDC Supp 1960, § 45.02A03.

9-51-11. Alternative means of financing parking facilities.

Any municipality may pay for any portion of the cost of providing automobile parking facilities by:

(1)    Appropriating moneys for the purposes authorized in § 9-51-10;

(2)    Appropriating any part or all of the net revenues derived from the operation of its automobile parking facilities including the net revenue from on-street parking meters;

(3)    Imposing reasonable rates, rents, fees, and charges for the use of any on-street or off-street parking privilege or facility which may be in excess of actual cost of operation, maintenance, regulation, and supervision of parking at the particular location where the privilege is exercised;

(4)    Leasing any off-street facilities at specified or determinable rents to be paid the municipality under a lease made as authorized and limited in § 9-51-32;

(5)    Borrowing money and issuing bonds as authorized and limited in §§ 9-51-13 to 9-51-28, inclusive;

(6)    Borrowing money and issuing general obligation bonds in the manner and after authorization as provided in chapter 9-26 as may be hereafter amended;

(7)    Any combination of all or any of the foregoing.

Source: SL 1955, ch 216, § 4; SDC Supp 1960, § 45.02A04; SL 1984, ch 43, § 90.

9-51-11.1. Repealed by SL 2012, ch 57, § 144.

9-51-12. State and federal aid to municipal parking facilities--Agreement by municipality.

Any municipality shall have power to accept state and federal aid in carrying out the provisions of §§ 9-51-9 to 9-51-33, inclusive, and shall have authority to enter into any lawful agreement with the state or federal government, or any agency thereof, in regard thereto.

Source: SL 1955, ch 216, § 10; SDC Supp 1960, § 45.02A10.

9-51-13. Issuance of parking facility revenue bonds authorized.

For the purpose of financing the cost of the acquisition, construction, or improvement of automobile parking facilities any municipality may issue bonds for the payment of which the credit and taxing powers of the municipality are not pledged, but as to which the principal and interest shall be payable solely out of the net revenue set aside, appropriated and pledged as hereinafter set forth and provided.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05.

9-51-14. Ordinance authorizing revenue bonds--Pledge and definition of net revenues.

The bonds described in § 9-51-13 shall be authorized by an ordinance duly adopted by the governing body and subject to referendum as other ordinances, in which ordinance the governing body may pledge all or any part of any one or more of the following:

(1)    The net revenues derived from the property acquired or constructed from the proceeds of such bonds;

(2)    Any net revenues of any other similar project or automobile parking facility whether acquired from proceeds of similar bonds or otherwise;

(3)    Any net revenues derived by the municipality from on-street parking meters.

The governing body shall make such investigation of facts and circumstances as is necessary and based upon the findings made in such investigation and in accordance with sound accounting practices shall find and determine what portion of the revenues are net revenues and shall so define "net revenues" in the ordinance or ordinances adopted hereunder.

Source: SL 1955, ch 216, §§ 2, 5; SDC Supp 1960, §§ 45.02A02, 45.02A05.

9-51-15. Contents of resolution or ordinance--Covenants and agreements with bondholders.

The resolution or ordinance described in § 9-51-14 shall be as provided in chapter 6-8B and shall designate a special fund from which the principal and interest shall be payable, shall fix and define the net revenues appropriated and pledged to the special fund and shall contain the covenants and agreements which are to be in effect between the municipality and the purchasers and holders of the bonds.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05; SL 1984, ch 43, § 91.

9-51-16. Issuance and sale of bonds--Reference to ordinance for matters not covered in bonds--Negotiability.

Bonds shall be issued and sold as provided in chapter 6-8B, except that no election shall be required other than as provided in § 9-51-14. All bonds may refer to the ordinance for matters not expressed in the bonds, but they shall be negotiable investment securities within the meaning of chapter 57A-8, notwithstanding any conditions expressed therein or in the ordinance.

Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05; SL 1984, ch 43, § 92.