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34A-5 SANITARY DISTRICTS
CHAPTER 34A-5

SANITARY DISTRICTS

34A-5-1      Areas subject to incorporation as districts.
34A-5-2      Minimum population of district.
34A-5-3      Map of proposed district.
34A-5-4      Repealed.
34A-5-5      Survey, map, and census made available for public examination.
34A-5-6      Application for incorporation of district--Number of signatures required--Filing.
34A-5-7      Commissioners' order to incorporate district upon assent of electors--Name of district.
34A-5-8 to 34A-5-10. Repealed.
34A-5-11      Ballot form on question of incorporation--Majority required for approval.
34A-5-12      Canvass and return of election results--Order of county commissioners declaring incorporation.
34A-5-13      Expenditure of county funds for preliminary and election expenses--State funds.
34A-5-14      District as governmental subdivision and public body.
34A-5-14.1      Districts to be governed by board of trustees--Number of members.
34A-5-15      Repealed.
34A-5-16      Number and terms of office of district trustees--Inspectors' certificate as to persons elected.
34A-5-17      Election on increase in number of trustees.
34A-5-18      Notice of election--Separate ballots.
34A-5-19      Election of additional trustees if increase approved--Terms of office--Certification.
34A-5-20      Annual election of district officers.
34A-5-21      Nomination petitions for district trustee.
34A-5-21.1      Vacancies on board of trustees.
34A-5-21.2      Residency of district trustees.
34A-5-21.3      Published notice of vacancies--Content--Timeliness.
34A-5-22      Organization of board of trustees--President--Meetings.
34A-5-23      Expense reimbursement and compensation of trustees.
34A-5-24      Policies and regulations for business of board--Time of meetings--Quorum.
34A-5-25      Office of sanitary district--Record of proceedings.
34A-5-26      General powers of trustees.
34A-5-26.1      Executed.
34A-5-27      Employment of personnel for district--Professional assistance.
34A-5-28      Trustees and employees not to be interested in district transactions.
34A-5-28.1      Trustee permitted to contract with district under certain conditions.
34A-5-29      Ordinances, resolutions, orders and regulations for district.
34A-5-29.1      Adoption by reference of ordinances of contracting municipality.
34A-5-29.2      Notice requirement for passage of new ordinance or resolution.
34A-5-30      Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.
34A-5-31      Proceedings governed by municipal laws--Eminent domain proceedings.
34A-5-32      Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.
34A-5-33      Sale of surplus real property held by sanitary district--Conduct of sale-- Employment of agents--Offer to prior owner.
34A-5-34      Contracts with municipalities for sewage treatment and disposal.
34A-5-35      Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.
34A-5-36      Rates and charges for sanitary services--Measures for protection of bondholders.
34A-5-37      Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.
34A-5-38      Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.
34A-5-39      Sanitary districts not subject to certain municipal sewer system requirements.
34A-5-40      Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.
34A-5-41      Election on acquisition and operation of water system--Board powers on approval.
34A-5-42      Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.
34A-5-43      Hearing and resolution to annex or exclude territory--County commissioners' approval required.
34A-5-44      Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.
34A-5-45      Recording of map and resolution after annexation or exclusion of territory.
34A-5-46      Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.
34A-5-47      Election on formation of consolidated district--Form of ballot.
34A-5-48      Resolutions after approval of consolidated district by voters--Filing of proceedings.
34A-5-49      Property not acquired nor debts assumed by incorporation of consolidated district.
34A-5-50      Board of trustees for consolidated district.
34A-5-51      Contracts of consolidated district for purchase or use of sanitary facilities.
34A-5-52      Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.
34A-5-53      Dissolution of district on voters' petition.
34A-5-54      Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.
34A-5-54.1      Assumption of bonded indebtedness of district by municipality--Election.
34A-5-55      Repealed.
34A-5-56      Certified copy of budget to county auditors and secretary of revenue.


34A-5-1Areas subject to incorporation as districts.

If any populated area outside the boundary of any municipality is situated so that the sewage of the populated area becomes, or may become, a menace to the residents of the populated area or to the residents of any municipality adjacent to the populated area, the populated area may be incorporated as a sanitary district as provided in this chapter.

Source: SL 1947, ch 226, § 1; SDC Supp 1960, § 45.3801; SDCL § 34-17-1; SL 1992, ch 60, § 2; SL 2011, ch 165, § 85.


34A-5-2Minimum population of district.

No sanitary district may be incorporated which contains less than thirty legal residents, including minors, or less than ten landowners within the proposed district who are also registered voters in the proposed district.

Source: SL 1947, ch 226, § 3; SDC Supp 1960, § 45.3803; SL 1964, ch 144, § 1; SDCL, § 34-17-2; SL 1973, ch 224; SL 1998, ch 36, § 38.


34A-5-3Map of proposed district.

Any person making application for the organization of a sanitary district shall first cause an accurate map to be made of the territory intended to be included in the sanitary district, showing the boundaries and area of the district. The accuracy of the map shall be verified by the affidavit of a surveyor. The map may be completed by reviewing records and legal descriptions at a county register of deeds office.

Source: SL 1947, ch 226, § 2; SDC Supp 1960, § 45.3802; SDCL § 34-17-3; SL 2001, ch 190, § 1; SL 2011, ch 165, § 86.


34A-5-4
     34A-5-4.   Repealed by SL 1998, ch 36, § 39.


34A-5-5Survey, map, and census made available for public examination.

The survey and map when completed shall be left at some convenient public place, to be designated by the county auditor of the county in which the application for incorporation is to be filed, within the territory for a period of not less than twenty days for examination by any person having an interest in the application.

Source: SL 1947, ch 226, § 4; SDC Supp 1960, § 45.3804; SL 1964, ch 144, § 2; SDCL, § 34-17-5; SL 1998, ch 36, § 40.


34A-5-6Application for incorporation of district--Number of signatures required--Filing.

The application for organization shall be as provided in § 6-16-2 and shall be filed with the county auditor and presented to the board of county commissioners for consideration at the board's next meeting.

Source: SL 1947, ch 226, § 5; SDC Supp 1960, § 45.3805; SL 1964, ch 144, § 3; SDCL, § 34-17-6; SL 1998, ch 36, § 41.


34A-5-7Commissioners' order to incorporate district upon assent of electors--Name of district.

If the board of county commissioners is satisfied that the requirements of this chapter have been fully complied with, the board shall issue an order declaring that the territory shall, with the assent of the electors as specified in § 6-16-2, in an election as provided in §§ 6-16-4 to 6-16-6, inclusive, be an incorporated sanitary district by the name specified in the application. The name shall be different from that of any other sanitary district in this state.

Source: SL 1947, ch 226, § 6; SDC Supp 1960, § 45.3806; SL 1964, ch 144, § 4; SDCL § 34-17-7; SL 1998, ch 36, § 42; SL 2011, ch 165, § 87.


34A-5-8
     34A-5-8 to 34A-5-10.   Repealed by SL 1998, ch 36, §§ 43 to 45.


34A-5-11Ballot form on question of incorporation--Majority required for approval.

If a majority vote in favor of the incorporation, the territory shall be deemed a sanitary district by the name and style specified in the order of incorporation by the board of county commissioners; otherwise, no further proceedings may be taken.

Source: SL 1947, ch 226, § 10; SDC Supp 1960, § 45.3810; SDCL, § 34-17-11; SL 1998, ch 36, § 46.


34A-5-12Canvass and return of election results--Order of county commissioners declaring incorporation.

If satisfied with the legality of the election, the board of county commissioners shall issue an order declaring that the sanitary district has been incorporated by the name adopted. The order shall be conclusive of the fact of incorporation in all suits by or against the sanitary district.

Source: SL 1947, ch 226, § 11; SDC Supp 1960, § 45.3811; SDCL, § 34-17-12; SL 1998, ch 36, § 47.


34A-5-13Expenditure of county funds for preliminary and election expenses--State funds.

The county board may expend funds of the county, in the manner and to the extent permitted by law for other county expenditures, in the payment of necessary costs of preparation of petitions, surveys, maps, and applications submitted under the provisions of this chapter, and of the holding of elections on the incorporation of sanitary districts hereunder. The county board may accept and expend any funds appropriated to the State Department of Environment and Natural Resources and allocated by that department to the county for these purposes.

Source: SDC Supp 1960, § 45.3806 as added by SL 1964, ch 144, § 4; SDCL, § 34-17-13; SL 1986, ch 295, § 20.


34A-5-14District as governmental subdivision and public body.

Any sanitary district established under this chapter is a governmental subdivision of this state and a public body, corporate and politic.

Source: SL 1947, ch 226, § 17; SDC Supp 1960, § 45.3817; SDCL § 34-17-14; SL 2011, ch 165, § 88.


34A-5-14.1Districts to be governed by board of trustees--Number of members.

Each sanitary district shall be governed by a board of trustees elected at large, as provided in this chapter. Each board of trustees shall consist of an odd number of members and shall have at least three but not more than eleven members, as provided in this section.

If a sanitary district provides or is proposed to provide sewer or water facility connections to more than one thousand five hundred households, farms, businesses, or other entities, the board of trustees shall consist of at least five but not more than eleven members. If a sanitary district provides or is proposed to provide at least one thousand but not more than one thousand five hundred sewer or water facility connections, the board of trustees shall consist of at least five but not more than nine members. If a sanitary district provides or is proposed to provide at least five hundred but not more than one thousand sewer or water facility connections, the board of trustees shall consist of at least three but not more than seven members. If a sanitary district provides or is proposed to provide fewer than five hundred sewer or water facility connections, the board of trustees shall consist of at least three but not more than five members.

The number of trustees for a newly incorporated or consolidated sanitary district shall be specified in the order of incorporation issued under § 34A-5-7 or in the consolidation resolution issued under § 34A-5-46.

Source: SL 1993, ch 258, § 5; SL 2019, ch 160, § 1.


34A-5-15
     34A-5-15.   Repealed by SL 1998, ch 36, § 48.


34A-5-16Number and terms of office of district trustees--Inspectors' certificate as to persons elected.

There shall be elected at the first election of a sanitary district three trustees at large, who shall respectively hold their offices, one for a term of one year, one for a term of two years, and one for a term of three years. The person having the highest number of votes shall serve for a term of three years, the person receiving the second highest number of votes shall serve for a term of two years, and the person receiving the third highest number of votes shall serve for a term of one year, and such persons shall be declared elected to such offices; thereafter, there shall be elected annually one trustee for a term of three years. The inspectors shall subscribe and certify a statement of the persons elected to fill the offices of trustees in such sanitary district and file the same with the county auditor within ten days after the date of such election.

Source: SL 1947, ch 226, § 12; SDC Supp 1960, § 45.3812; SL 1964, ch 144, § 5; SDCL, § 34-17-16; SL 1969, ch 185, § 1; revised pursuant to SL 1972, ch 15, § 3.


34A-5-17Election on increase in number of trustees.

The board of trustees may by resolution submit to the voters the question of whether the number of trustees shall be increased to five at a special election called for that purpose, or at the next regular election.

Source: SL 1975, ch 220, § 1; SDCL Supp, § 34-17-16.1.


34A-5-18Notice of election--Separate ballots.

The board of trustees shall give notice pursuant to § 6-16-4 of the election provided for in § 34A-5-17. The question shall be submitted to the voters on a separate ballot and shall enable each voter to vote for or against the proposed question.

Source: SL 1975, ch 220, § 2; SDCL Supp, § 34-17-16.2; SL 2000, ch 32, § 6.


34A-5-19Election of additional trustees if increase approved--Terms of office--Certification.

If a majority of the voters approve the question to increase the board of trustees to five, the voters shall elect one additional trustee for a three-year term and one additional trustee for a two-year term at the next regular election and the trustees shall be certified in the same manner as provided by law.

Source: SL 1975, ch 220, § 3; SDCL Supp, § 34-17-16.3; SL 1998, ch 36, § 49.


34A-5-20Annual election of district officers.

Each sanitary district shall annually elect officers on any Tuesday in the month following the anniversary date of the first election. The board of trustees shall designate a location in the district where the election shall be held. If one or more of the corporate bodies making up a sanitary district is a municipality, and the anniversary date falls within three months prior to or within one month after the annual election of the municipality, the annual election of officers shall be held on the same day as the annual municipal election. The annual election, whether or not it is held in conjunction with the annual municipal election, shall be conducted in accordance with the municipal election laws pursuant to chapter 9-13, except as provided in this chapter.

Source: SL 1947, ch 226, § 14; SDC Supp 1960, §§ 45.3812, 45.3814; SL 1964, ch 144, § 5; SL 1967, ch 228, SDCL, § 34-17-17; SL 1969, ch 185, § 2; SL 1974, ch 236, § 1; SL 1988, ch 287; SL 1990, ch 284, § 1; SL 1994, ch 281, § 1.


34A-5-21Nomination petitions for district trustee.

Any trustee to be elected at the initial election shall be nominated by any person in attendance at the meeting at which the organizational election is held. Any trustee to be elected at a subsequent election shall be nominated by filing with the district clerk, not more than forty nor less than twenty days before any subsequent election, a nomination petition for office of trustee. The petition shall be in writing and shall contain the candidate's name, residence, business address, and the office for which the candidate is named. The petition shall be signed by at least twenty-five qualified voters or five percent of the qualified voters, whichever is less.

Source: SL 1947, ch 226, § 13; SDC Supp 1960, § 45.3813; SL 1964, ch 144, § 6; SDCL § 34-17-18; SL 1970, ch 198; SL 1983, ch 261; SL 1988, ch 288, § 1; SL 1994, ch 281, § 2; SL 1998, ch 36, § 50; SL 2015, ch 191, § 1.


34A-5-21.1Vacancies on board of trustees.

If a vacancy occurs on a sanitary district board of trustees, the remaining members shall appoint a replacement to serve the remainder of such term.

Source: SL 1984, ch 245; SL 1990, ch 284, § 3.


34A-5-21.2Residency of district trustees.

To serve as a trustee of a sanitary district that has one hundred or more residents, the person shall be a resident of the sanitary district.

To serve as a trustee of a sanitary district with less than one hundred residents, a person shall be a resident of the sanitary district or a United States citizen who owns real property within the boundaries of the sanitary district.

Source: SL 1988, ch 288, § 2; SL 2011, ch 165, § 89; SL 2019, ch 160, § 2.


34A-5-21.3Published notice of vacancies--Content--Timeliness.

The board of trustees shall publish a notice in the official newspaper of the sanitary district setting forth the vacancies which will occur by termination of the terms of office of elective officers. The notice shall also state the time and place where nominating petitions may be filed for such offices. The notice shall be published once each week for two consecutive weeks. The first notice shall be published not less than thirty days prior to the deadline for filing nominating petitions.

Source: SL 1990, ch 284, § 2.


34A-5-22Organization of board of trustees--President--Meetings.

The members of the board of trustees shall organize by electing one of the members to serve as president. The president shall preside over all meetings of the board and shall call all special meetings of the board if the president or a majority of the board deems such a meeting necessary. If the president fails or refuses to call a special meeting, a special meeting may be called by a majority of the board.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL § 34-17-19; SL 1976, ch 215, § 1; SL 2011, ch 165, § 90.


34A-5-23Expense reimbursement and compensation of trustees.

Each sanitary district board of trustees shall establish amounts to reimburse board members for expenses for lodging, meals, and mileage and to provide compensation for each day of actual service for traveling to, attending, and returning from meetings, hearings, or investigations of the sanitary district board. Such reimbursement and compensation shall be paid on vouchers duly verified and approved according to the rules promulgated by the Board of Finance.

Source: SL 1976, ch 215, §§ 1, 2; SDCL Supp, § 34-17-19.1; SL 1979, ch 243; SL 1991, ch 292; SL 2001, ch 243, § 2; SL 2011, ch 168, § 1.


34A-5-24Policies and regulations for business of board--Time of meetings--Quorum.

The board of trustees shall adopt policies and regulations for the conduct of its business and shall fix a stated time at which the regular meetings of the board shall be held. A majority of the board of trustees constitutes a quorum but a smaller number may adjourn from day to day. A concurrence of the majority is necessary to any action of the board.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL, § 34-17-20; SL 1993, ch 256, § 24.


34A-5-25Office of sanitary district--Record of proceedings.

The board of trustees shall establish an office within the sanitary district and shall maintain a full, complete, accurate, and itemized account of all of its proceedings, ordinances, orders, resolutions, and regulations.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL, § 34-17-21; SL 1993, ch 256, § 25.


34A-5-26General powers of trustees.

The board of trustees shall have the following powers:

(1)    To appoint a treasurer and a clerk, an engineer and attorney for such sanitary district and fix their compensation. Such officers shall hold their respective offices during the pleasure of said board, and shall give bond for the faithful performance of their duties as may be required by said board.

(2)    To sue and be sued and to contract in the name of the district.

(3)    To adopt a corporate seal.

(4)    To construct and operate storm and sanitary sewers and sewage and solid waste disposal plants and systems.

(5)    To borrow money, levy taxes and special assessments, issue bonds, and exercise the power of eminent domain in the same manner as municipalities of the first class in this state, provided, however, that the board of trustees shall not have the power of eminent domain over existing sewage, garbage, and refuse facilities.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815; SL 1964, ch 144, § 7; SDCL, § 34-17-22; SL 1970, ch 197, §§ 1, 2; SL 1992, ch 60, § 2.


34A-5-26.1
     34A-5-26.1.   Executed.


34A-5-27Employment of personnel for district--Professional assistance.

The board of trustees may employ and prescribe the duties and fix the compensation of all necessary officers and employees of the sanitary district, and may employ such additional engineering, legal, financial, and other professional assistance as the board deems necessary.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (5); SL 1964, ch 144, § 7; SDCL § 34-17-23; SL 2011, ch 165, § 91.


34A-5-28Trustees and employees not to be interested in district transactions.

No trustee or employee of a sanitary district may be directly or indirectly interested in any contract, work, or business of the district, or the sale of any article, the expense, price, or cost of which is paid by the district, nor in the purchase of any real, personal, or other property belonging to the district, or which shall be sold for taxes or assessments, or by virtue of legal process at the suit of the district.

Source: SL 1947, ch 226, § 16; SDC Supp 1960, § 45.3816; SDCL § 34-17-24; SL 2011, ch 165, § 92.


34A-5-28.1Trustee permitted to contract with district under certain conditions.

Notwithstanding any other provisions of law, a member of the board of trustees of a sanitary district may contract with the district for which the member serves, if the consideration consists of three thousand dollars or less per year and if the consideration for such supplies or services is reasonable and just.

Source: SL 2011, ch 169, § 1.


34A-5-29Ordinances, resolutions, orders and regulations for district.

The board of trustees may pass and implement all necessary ordinances, resolutions, orders, and regulations for the proper management and conduct of the business of the sanitary district.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (6); SL 1964, ch 144, § 7; SDCL, § 34-17-25; SL 1993, ch 256, § 26.


34A-5-29.1Adoption by reference of ordinances of contracting municipality.

If the board of trustees of a sanitary district has entered into any contract with any municipality for the purpose of using its facilities for the treatment and disposal of sewage, the sanitary district may, by ordinance, adopt by reference, in whole or in part, the ordinances of the contracting municipality which pertain to the use and regulation of the collection, treatment, and disposal of sewage. Any subsequent changes or additions to such ordinances may thereafter, by ordinance, be adopted by reference, either in whole or in part. Upon the adoption by reference of such ordinances, the clerk of the district shall publish a notice of the fact of adoption once each week for two successive weeks in the official newspaper, setting forth therein the ordinance numbers as designated in the ordinance book of the contracting municipality.

Source: SL 1985, ch 285.


34A-5-29.2Notice requirement for passage of new ordinance or resolution.

The board of trustees may elect to waive the requirement that a new ordinance or resolution be published by providing written notice of the passage of such ordinance or resolution to each resident within the boundaries of the sanitary district. The written notice may be accomplished by sending a copy of such ordinance or resolution by first class mail, to each resident at the resident's last known address, as shown on the books and records of the sanitary district.

Source: SL 1996, ch 266, § 4.


34A-5-30Operation of sewers and disposal plants--Tax levies, assessments and bonds--Eminent domain.

The board of trustees may construct and operate storm and sanitary sewers and sewage disposal plants, borrow money, levy taxes and special assessments, and issue bonds. Notwithstanding the provisions of § 34A-5-26, the board of trustees may borrow money for purposes described in this section and may issue a promissory note or notes for a term of up to twenty years. The board of trustees may exercise the power of eminent domain, but not over existing sewage facilities, water rights, water mains, hydrants, intakes, wells, storage tanks, reservoirs, treatment plants, or any other water facilities.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (7); SL 1964, ch 144, § 7; SL 1966, ch 146, § 1; SDCL, § 34-17-26; SL 1972, ch 192, § 1; SL 1990, ch 285.


34A-5-31Proceedings governed by municipal laws--Eminent domain proceedings.

All proceedings for the construction and operation of sewer and sewage disposal plants and solid waste disposal plants and systems and the borrowing of money, making of special assessments, and issuing of bonds shall be governed, to the extent applicable, by § 9-12-1 and chapters 9-26, 9-40, 9-43, and 9-48 and in the exercise of the power of eminent domain the board of trustees may proceed as condemnation proceedings are conducted by the department of transportation under chapter 31-19 or as may otherwise be provided.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (7); SL 1964, ch 144, § 7; SL 1966, ch 146, § 1; SDCL, § 34-17-26; SL 1970, ch 197, § 3; SDCL Supp, § 34-17-26.1; SL 1972, ch 192, § 2.


34A-5-32Abandonment of pending condemnation action--Reconveyance to original owner on court order--Return of deposit--Retrospective operation.

If a sanitary district commences a condemnation action and files a declaration of taking and obtains an order of possession as provided in chapter 31-19, and later abandons the action when the property is no longer necessary for public purposes or the use of which the property was originally sought to be condemned no longer exists, the board of trustees of a sanitary district, upon order of the circuit court in which the condemnation action is pending, shall convey the property to the original owner and the original owner shall return the deposit on file with the clerk of courts. This section applies to any condemnation action abandoned by a sanitary district, organized under this chapter, prior to the effective date of this section.

Source: SDCL § 34-17-26.1 as added by SL 1975, ch 221, §§ 1, 2; SDCL Supp, § 34-17-26.2; SL 2011, ch 165, § 93.


34A-5-33Sale of surplus real property held by sanitary district--Conduct of sale--Employment of agents--Offer to prior owner.

The board of trustees of a sanitary district may sell and convey real property held by a sanitary district, the title to which has been obtained from any source, and which is not required for public purposes and has been or is about to be abandoned for public purposes. The sale and conveyance shall be conducted in accordance with chapter 6-13. In order to make the sale, the board of trustees may employ real estate agents and incur other necessary expenses.

Any real property which any sanitary district sells under the terms of this section shall first be offered for sale to the prior fee holder or the prior fee holder's heirs or assigns from whom the real property was originally purchased. The prior fee holder, heirs, and assigns have the right of first refusal to purchase the real property at its appraised value.

Source: SL 1975, ch 219; SDCL Supp, § 34-17-26.3; SL 1989, ch 30, § 62; SL 2011, ch 165, § 94.


34A-5-34Contracts with municipalities for sewage treatment and disposal.

The board of trustees may enter into contracts with any municipality for the purpose of using the facilities of the municipality for the treatment and disposal of sewage of the district or making the facilities of the district available to the municipality.

Source: SL 1947, ch 226, § 15; SL 1953, ch 268; SDC Supp 1960, § 45.3815 (4); SL 1964, ch 144, § 7; SDCL § 34-17-27; SL 1992, ch 60, § 2; SL 2011, ch 165, § 95.


34A-5-35Requiring connections with sewers--Assessments and charges--Construction and inspection standards for private systems.

The board of trustees may require by ordinance or resolution that all dwellings or structures within the district, or within a defined area, shall be connected with the sewers of the district. They may also require minimum sanitary facilities, immediately or within a specified period after the completion of sewers to which a connection may reasonably be made, under such regulations as are established by the resolution or ordinance. When the district finds and determines that such action is necessary for the maintenance of public health and sanitary conditions in the district it may cause any such connection to be made, and assess the cost thereof upon the land where the dwelling or structure is situated, or make an agreement with the owner or occupant to accept payment therefor in cash or in installments payable with other sewer rates and charges over such period as may be agreed. The district may impose and collect charges for the availability of sewer service to any properties so directed to be connected, whether or not such connection is made. The board of trustees shall have exclusive jurisdiction to establish by ordinance or resolution standards for construction and inspection of private sewer systems within its boundaries, in conformity with state county laws and regulations.

Source: SDC Supp 1960, § 45.3815 (9) as added by SL 1964, ch 144, § 7; SDCL, § 34-17-28; SL 1980, ch 248.


34A-5-36Rates and charges for sanitary services--Measures for protection of bondholders.

The board of trustees may:

(1)    Fix reasonable rates and charges for services furnished and made available by the district to users of its facilities;

(2)    Provide for the collection of the charges;

(3)    Pledge the net revenues derived from the charges to the payment of bonds made payable wholly or partly from the revenues; and

(4)    Make and enforce on behalf of the district all covenants relating to:

(a)    The proper operation and maintenance of the facilities;

(b)    Insurance against hazards of loss and liability;

(c)    The administration, expenditure and auditing of the income and revenues of the district;

(d)    The expenditure of the bond proceeds; and

(e)    All other matters affecting the security of the bonds, which the board of trustees determines to be necessary or desirable for the purpose of selling the bonds upon terms advantageous to the district and maintaining its credit and ability to engage in further financing when and as necessary.

Source: SL 1953, ch 268; SDC Supp 1960, § 45.3815 (8); SL 1964, ch 144, § 7; SDCL § 34-17-29; SL 2011, ch 165, § 96.


34A-5-37Rates and charges to be sufficient for operation of facilities and retirement of revenue bonds.

If revenue bonds are issued in accordance with the provisions of chapter 9-40, the sanitary district shall, until all such bonds and interest on the bonds are fully paid, fix such rates and charges and revise them from time to time in such manner that the collections of the charges will be adequate to:

(1)    Pay all current, reasonable, and necessary expenses of the operation and maintenance of all facilities whose revenues are pledged for the payment of the bonds;

(2)    Produce net revenues, in excess of such current costs of operation and maintenance, at all times sufficient to pay the principal and interest due on the bonds; and

(3)    Accumulate and maintain reserves for the further security of the bonds in such amounts as are agreed in the resolutions authorizing the bonds.

Source: SDC Supp 1960, § 45.3815 (8) as added by SL 1964, ch 144, § 7; SDCL § 34-17-30; SL 2011, ch 165, § 97.


34A-5-38Rates and charges for retirement of bonds in lieu of special assessment certificates--Financing of improvements.

If bonds are issued in lieu of special assessment certificates in accordance with the provisions of chapter 9-43, the sanitary district board of trustees may provide that rates and charges shall be fixed and from time to time revised to produce net revenues at all times sufficient, with special assessments and interest pledged to the bond fund and actually collected and received in the bond fund, to pay all principal and interest when due on the bonds and to create and maintain such further reserves for the security of the bonds as may be agreed in the resolutions authorizing the bonds. Bonds issued and secured as authorized in this section may be designated as special assessment and revenue bonds, and may be issued to finance an improvement or a group of improvements to the facilities of the district, if any portion of the cost of the improvement is to be paid by the levy of special assessments.

Source: SDC Supp 1960, § 45.3815 (8) as added by SL 1964, ch 144, § 7; SDCL § 34-17-31; SL 2011, ch 165, § 98.


34A-5-39Sanitary districts not subject to certain municipal sewer system requirements.

If a sanitary district has been established in accordance with the procedures provided in this chapter, no further proceedings are required under the provisions of §§ 9-48-26 to 9-48-31, inclusive, and funds derived from the district's sewer rates and charges are not subject to the limitations provided in those sections.

Source: SDC Supp 1960, § 45.3815 (8) as added by SL 1964, ch 144, § 7; SDCL § 34-17-32; SL 2011, ch 165, § 99.


34A-5-40Certification of unpaid charges and tax levies--Collection with real estate taxes--Tax sales.

The board of trustees may cause the amount of any charges, and interest and penalties on the charges, for sewer service rendered or made available to any land within the district, which are due and unpaid on the first day of October in each year to be certified by the clerk of the district to the county auditor in the manner provided in § 10-12-7 together with any taxes levied by the district for corporate purposes. All amounts so certified shall be inserted by the county auditor upon the tax list of the current year and shall be payable and delinquent at the same time and shall incur penalty and interest and shall be collected by the same procedure as real estate taxes on the same property. In the event of a tax sale or the issuance of a tax deed, the provisions of §§ 9-43-39 to 9-43-41, inclusive, shall apply to all amounts so certified and then delinquent, in the same manner as delinquent installments of special assessments.

Source: SDC Supp 1960, § 45.3815 (10) as added by SL 1964, ch 144, § 7; SDCL § 34-17-33; SL 2011, ch 165, § 100.


34A-5-41Election on acquisition and operation of water system--Board powers on approval.

The board of trustees of any sanitary district incorporated under this chapter may submit to the voters of the district at an annual election or a special election called and held in accordance with chapter 9-13 the question whether the district shall be authorized to acquire and operate a water system, or the application for incorporation filed in accordance with § 34A-5-6 may request such authority. Upon approval of the grant of such authority by a majority of the qualified electors voting on the question, or upon entry of the order incorporating the district if the application has requested such authority, the board of trustees may:

(1)    Acquire and operate water mains, hydrants, intakes, wells, storage tanks and reservoirs, treatment plants, and all other facilities used or useful for the supply and distribution of water;

(2)    Acquire and operate any of such facilities; and

(3)    Contract for the service of any such facilities owned by the adjacent municipality or for the use of district facilities by the municipality.

In connection with all such matters the district and its board of trustees have all powers granted in this chapter with reference to sewer facilities. In the exercise of such powers the board of trustees may purchase any existing facilities used or useful in the exercise of such powers, or may contract for the construction of any such facilities in the manner provided in chapters 5-18A and 5-18B.

Source: SL 1966, ch 146, § 3; SDCL § 34-17-34; SL 1992, ch 60, § 2; SL 2011, ch 2, § 140; SL 2011, ch 165, § 101.


34A-5-42Petition for annexation or exclusion of territory--Resolution of intention--Notice of hearing.

On petition in writing signed by not less than twenty percent of the legal voters residing within the district, as shown by the vote for the member of the board of trustees receiving the highest vote at large at the last preceding annual election in the district or upon its own motion, the board of trustees by proper resolution may declare its intention to annex territory lying adjacent to the district or exclude territory being upon the border of the district. The resolution shall describe the property, the intended action, and the time and place the trustees will meet to consider the adoption of the resolution. The resolution shall be published once a week for two consecutive weeks before the time set for the hearing.

Source: SL 1967, ch 227, § 1; SDCL § 34-17-35; SL 2011, ch 165, § 102.


34A-5-43Hearing and resolution to annex or exclude territory--County commissioners' approval required.

At the time of the hearing, or of any adjournment of the hearing, the trustees shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment, as it may deem proper. However, no amendment may be made affecting any property not described in the original resolution. No such resolution may be adopted unless the resolution has been approved by the board of county commissioners of the county in which the land is situated.

Source: SL 1967, ch 227, § 2; SDCL § 34-17-36; SL 2011, ch 165, § 103.


34A-5-44Appeal to circuit court from denial of annexation or exclusion of territory--Notice, hearing and order of court.

Upon failure of the board of trustees to grant the request contained in the petition of the voters, the petitioners or any party feeling aggrieved thereby may within thirty days after the decision of the board of trustees or county commissioners, or within ninety days after the filing of the petition if no action has been taken on the petition by the board, present their petition or appeal to the circuit court for the county in which the district or the greater portion of the district is situated by filing the petition or appeal with the clerk of courts. Notice of the filing shall be served by the petitioners upon the president of the board of trustees together with a notice of the time and place, when and where a hearing will be held on the petition, at least ten days before the date of the hearing. If the court finds that the request of the petitioners ought to be granted and can be granted without injustice to the district, the court shall so order. If the court finds against the petitioners, the petition or appeal shall be dismissed at the cost of the petitioners.

Source: SL 1967, ch 227, § 3; SDCL § 34-17-37; SL 2011, ch 165, § 104.


34A-5-45Recording of map and resolution after annexation or exclusion of territory.

If the limits of any district are changed by resolution or by decree of court, the president of the board of trustees shall cause an accurate map of the territory, together with a copy of the resolution or decree, duly certified, to be recorded in the office of the register of deeds of the county or counties in which the territory is situated and thereupon the territory becomes a part of the district or is excluded from the district, as the case may be.

Source: SL 1967, ch 227, § 4; SDCL § 34-17-38; SL 2011, ch 165, § 105.


34A-5-46Formation of consolidated district authorized--Resolutions of governing bodies proposing formation.

A municipality and a sanitary district, or any group of two or more such public corporations may form a consolidated sanitary district, comprising their combined area in a manner set forth in this section and §§ 34A-5-47 to 34A-5-51, inclusive. The governing body of each of the corporations shall by resolution propose the formation of the consolidated sanitary district, specifying the municipalities and sanitary districts proposed to be included within its boundaries, and whether the district shall be authorized to acquire and operate sewer facilities or both water and sewer facilities.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-39; SL 1992, ch 60, § 2.


34A-5-47Election on formation of consolidated district--Form of ballot.

The governing body of each of the corporations described in § 34A-5-46 shall by resolution submit the question of consolidation to the voters of such corporation at a special election called for the purpose or at the next regular election. The proposition shall be submitted to the voters of each corporation on a separate ballot and shall be so stated as to enable each voter to vote for or against the proposed consolidation by making a cross x or check mark () in the square or circle preceding the phrase "For the formation of a consolidated sanitary district comprising the (naming the corporations to be included) with power to construct or acquire and operate sewer facilities (or, water and sewer facilities)."

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-40.


34A-5-48Resolutions after approval of consolidated district by voters--Filing of proceedings.

If the voters of each corporation approve the formation of the consolidated sanitary district by a majority of their votes cast on the consolidation question, the governing body of each corporation shall so declare by resolution. Each governing body shall cause a certified copy of all proceedings taken for the consolidation to be filed with its auditor or clerk, with the secretary of state, and in the office of the register of deeds of the county, who shall record the copy. When the certified copies are filed, the consolidation is effective and complete, and the consolidated sanitary district has all of the powers conferred upon a sanitary district by this chapter, for the purpose of the construction or acquisition and operation of sewer facilities or both water and sewer facilities, as authorized by the voters.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL § 34-17-41; SL 2011, ch 165, § 106.


34A-5-49Property not acquired nor debts assumed by incorporation of consolidated district.

The consolidated sanitary district may not, however, by virtue of its incorporation, acquire any of the property or assume any of the debts, obligations, or liabilities of any municipality or sanitary district included within its boundaries.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL § 34-17-42; SL 1992, ch 60, § 2; SL 2011, ch 165, § 107.


34A-5-50Board of trustees for consolidated district.

Forthwith upon the creation of a consolidated sanitary district, a board of trustees shall be elected and govern the consolidated sanitary district in the same manner as provided with reference to other sanitary districts by §§ 34A-5-16 to 34A-5-40, inclusive.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-43.


34A-5-51Contracts of consolidated district for purchase or use of sanitary facilities.

A consolidated sanitary district may contract with any municipality or sanitary district, within or outside its corporate limits, for the purchase of facilities of the type which it is authorized to construct or acquire and operate, or may contract for the use of such facilities, and for the use of consolidated sanitary district facilities by another municipality or sanitary district, upon such terms as may be agreed.

Source: SL 1964, ch 144, § 8; SL 1966, ch 146, § 2; SL 1967, ch 226; SDCL, § 34-17-44; SL 1992, ch 60, § 2.


34A-5-52Validation of prior proceedings of sanitary districts--Deadline for enforcing rights.

All sanitary sewer districts, established pursuant to chapter 34A-5, and having a de facto existence of one year or more by December 31, 1979, are declared to be valid and legally created subdivisions of the state. The validity and regularity of the creation of these sanitary districts may not be open to question in any court in this state, and all acts and proceedings of any such sanitary district or the board of trustees, or both, including those proceedings leading up to the authorization and execution of contracts between any such sanitary district and the United States of America as of December 31, 1979, are hereby legalized, ratified, confirmed, and declared valid to all intents and purposes. All completed or existing contracts, including outstanding bonds as of December 31, 1979, are hereby legalized and declared to be valid obligations of and against the sanitary district executing or causing the execution and issuance of them.

If any person has any vested right or rights affected by this section, and action or proceeding to enforce such right or rights is not commenced prior to January 1, 1981, such right or rights shall be forever barred, and no action or proceeding so brought may have any force or effect, or may be maintained in any court of this state.

Source: SL 1964, ch 144, § 10; SDCL, § 34-17-45; SL 1980, ch 249.


34A-5-53Dissolution of district on voters' petition.

A majority of the qualified voters of an incorporated sanitary district may petition a court of competent jurisdiction for the dissolution of the sanitary district. Dissolution proceedings shall, when not in conflict with this chapter, conform to the provisions for dissolution of municipalities pursuant to chapter 9-6.

Source: SL 1973, ch 223, § 1; SDCL Supp, § 34-17-47.


34A-5-54Dissolution of district by directors' resolution on annexation to municipality--Notice and hearing--Appeal.

Notwithstanding the provisions of § 34A-5-53, the board of trustees of an incorporated sanitary district, the entire boundaries of which have been annexed to a municipality, may by unanimously adopting a proper resolution, provide for the dissolution of the sanitary district and the disposition of all unencumbered assets and assets which may thereinafter accrue. Prior to adopting such resolution, the board shall give notice and conduct hearings as it deems necessary. Any party feeling aggrieved by the decision of the board may appeal pursuant to the provisions of § 34A-5-44.

Source: SL 1973, ch 223, § 2; SDCL Supp, § 34-17-48.


34A-5-54.1Assumption of bonded indebtedness of district by municipality--Election.

The outstanding bonded indebtedness of any sanitary district that dissolves itself may be assumed by a municipality that assumes the assets of such sanitary district. Before a municipality may assume such bonded indebtedness, the governing body of the municipality shall by resolution or ordinance declare the necessity thereof and shall hold an election pursuant to §§ 6-8B-4 and 6-8B-5. The notice of the election and the form of the ballot shall inform the voters of such municipality that the purpose of the election is to assume the bonded indebtedness of such sanitary district. The approval of the assumption of such debt shall require a favorable vote of a majority of the voters of the public body voting on the question. Before any election may be held on such assumption, the holder of such bonds shall, in writing, approve the question.

Source: SL 1986, ch 293, § 1.


34A-5-55
     34A-5-55.   Repealed by SL 2011, ch 165, § 108.


34A-5-56Certified copy of budget to county auditors and secretary of revenue.

Immediately after completion of a budget and adoption of special assessments by a sanitary district board of trustees, but not later than the first of September, the secretary of the district shall send one certified copy of such budget to the county auditors of the affected counties and to the state secretary of revenue.

Source: SL 1992, ch 73, § 5.


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