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03A Townsite Locations On Federal Lands [Repealed]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14A Arbitration Of Firemen's And Policemen's Labor Disputes [Repealed]
15 South Dakota Municipal Retirement System [Repealed]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28 Disposition Of Surplus Personal Property [Repealed]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49 Combined Sewer And Waterworks Improvements [Repealed]
50 Financing Of Sewer And Waterworks Improvements [Repealed]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.
9-1-1. Definition of terms.
Terms used in this title, unless the context otherwise plainly requires, mean:
(1) "County," the county or counties where a municipality is located;
(2) "Governing body," the board of trustees, the board of commissioners, or the common council of a municipality;
(3) "Lot" includes parcel or tract of land;
(4) "Municipal corporation" or "municipality," any city or town that is organized pursuant to this title;
(5) "Owner," the grantee in the last deed of conveyance of any lot or parcel of land recorded in the office of the register of deeds of the county or counties in which the municipality is located, or the heirs or successors to the grantee; and
(6) "Publish," publication in an official newspaper of the municipality as designated by the governing body pursuant to § 9-12-6.
Source: SL 1891, ch 87, § 1; RPolC 1903, § 1567; SL 1909, ch 110, § 19; RC 1919, §§ 6154, 6186, 6358, 6579; SDC 1939, § 45.0101; SL 1949, ch 178; SL 1961, ch 242; SL 1978, ch 60, § 9; SL 2024, ch 28, § 8.
9-1-1.1. Service to affected person equivalent to required publication.
If notice is required to be published, proof of service to the person affected, pursuant to § 15-6-4, whether the personal service occurs within or without the state, is equivalent to the required publication.
Source: SL 2024, ch 28, § 9.
9-1-2. Municipalities governed by title.
All municipalities organized under the provisions of this title shall be governed by the provisions of this title.
Source: SL 1890, ch 37, art I, § 4; RPolC 1903, §§ 1170, 1173; RC 1919, §§ 6155, 6156; SDC 1939, § 45.0104; SL 1975, ch 84.
9-1-3. Judicial notice of organization.
The courts of this state shall take judicial notice of the existence of all municipalities organized under the laws of this state and of any change of organization authorized by law.
Source: SL 1890, ch 37, art I, § 5; RPolC 1903, § 1174; SL 1913, ch 119, § 5; RC 1919, § 6158; SDC 1939, § 45.0108; SL 2024, ch 28, § 10.
9-1-4. Corporate seal--Corporate name.
Every municipality must have and use a corporate seal that may be changed by a majority vote of the governing body.
Each municipality must have a corporate name. The corporate name must be used when exercising municipal power.
Source: SL 1890, ch 37, art I, § 6; RPolC 1903, §§ 1175, 1436; SL 1913, ch 119, § 6; RC 1919, § 6161; SDC 1939, § 45.0106; SL 2024, ch 28, § 11.
9-1-5. Governing body authorizes contracts--Execution--Delegation of authority.
No contract of a municipality is valid unless the contract has been authorized by a vote of the governing body at an official meeting.
Each written contract must be executed in the name of the municipality by the mayor or president of the board of trustees, be countersigned by the finance officer, and have the corporate seal attached. However, the governing body of a municipality may, by ordinance or resolution, delegate to any employee of the municipality the authority to enter into a contract on behalf of the municipality and to execute the contract and any other instrument necessary or convenient for the performance of the contract subject to the limitations delegated by the governing body.
Source: RPolC 1903, § 1332; SL 1909, ch 110, § 8; SL 1913, ch 119, § 67; RC 1919, § 6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, § 45.0107; SL 2006, ch 34, § 1; SL 2024, ch 28, § 12.
9-1-6. Citizen enforcement of this title.
Any resident of a municipality may maintain an action or proceeding to prevent, by proper remedy, a violation of any provision of this title by that municipality.
Source: SL 1913, ch 119, § 134; RC 1919, § 6163; SDC 1939, § 45.0112; SL 2024, ch 28, § 13.
9-1-7. Existing rights unaffected--Remedies cumulative.
The adoption of this code, except as otherwise specifically provided, shall not affect any then existing right or liability of or prosecution by any municipality, but any different applicable remedy provided shall be cumulative to existing remedies.
Source: SL 1890, ch 37, art I, § 7; RPolC 1903, § 1176; SL 1913, ch 119, § 7; RC 1919, § 6160; SDC 1939, § 45.0110.
9-1-8. Repealed by SL 1981, ch 43, § 13.
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.
9-2-1. Classes enumerated--Population groups.
The three classes of municipal corporations are:
(1) Municipalities of the first class: municipal corporations with a population of five thousand and over;
(2) Municipalities of the second class: municipal corporations with a population between five hundred and four thousand nine hundred ninety-nine;
(3) Municipalities of the third class: municipal corporations with a population of fewer than five hundred.
Source: SL 1899, ch 61, § 1; RPolC 1903, § 1179; RC 1919, §§ 6164 to 6167; SDC 1939, § 45.0102; SL 1992, ch 60, § 1; SL 2024, ch 28, § 14.
9-2-2. Population determined by census--Estimate by election totals after change of municipal boundaries.
For the purpose of classification, the population of each municipality is determined by the last preceding federal census. Whenever the municipal boundaries included in the last preceding census substantially differ from the current boundaries of the municipality, the governing body by resolution may direct the finance officer to determine the population by filing a certificate showing the number of persons who voted at the last preceding annual municipal election. That number multiplied by three constitutes the population for the purpose of classification until the next federal census is completed.
Source: SL 1899, ch 61, § 2; RPolC 1903, § 1180; SL 1913, ch 121; RC 1919, § 6168; SDC 1939, § 45.0103; SL 2024, ch 28, § 15.
9-2-2.1. Change in municipality classification--Application to court--Notice.
If the population of a municipality, as shown by the last preceding federal census, increases or decreases causing the municipality to pass into a different class of municipality pursuant to § 9-2-1, the municipality may, through its governing body, apply to the circuit court having jurisdiction for a judgment authorizing the classification change. Upon the presentation of the application, the court must establish a time and place for hearing the application. Notice of the hearing must be given by publishing the order once a week for two successive weeks, the last publication to be not less than ten days prior to the day of the hearing. Not less than ten days prior to the date of the hearing, the notice of hearing must also be posted in three public places in the municipality.
Source: SL 2024, ch 28, § 16.
9-2-2.2. Change in municipality classification--Judgment--Filing.
After the hearing, if the facts warrant the granting of the application, the court must make and enter its judgment changing the status of the municipality to that of a municipality of the appropriate class, pursuant to § 9-2-1. The court shall establish the time when the change is effective and shall determine the manner in which the change must be made.
A certified copy of the judgment shall be filed in the office of the secretary of state and the office of the register of deeds of the county where the municipality is located.
Source: SL 2024, ch 28, § 17.
9-2-3. Repealed.
Source: SDC 1939, § 45.0401; SL 1992, ch 60, § 2; SL 2000, ch 34, § 1; SL 2024, ch 28, § 37.
9-2-4. Form of government for existing municipalities continued.
The present classification of government of existing municipalities continues until changed as provided by this title.
Source: RC 1919, § 6188; SDC 1939, § 45.0402; SL 2024, ch 28, § 18.
9-2-5, 9-2-6. Repealed by SL 1974, ch 118, § 200.
9-2-7. Determination of number of inhabitants in wards.
For the purpose of dividing a municipality into wards, the number of inhabitants is determined by subdivision 2-14-2(20). The governing body may, by resolution, authorize the finance officer to determine the number of inhabitants by filing a certificate showing the number of persons registered to vote in each ward of the municipality. That number multiplied by two constitutes the number of inhabitants until the next federal census is completed.
Source: SL 1977, ch 68, § 14; SL 1981, ch 44, § 16; SL 2024, ch 28, § 19.
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.
9-3-1. Minimum population of municipalities.
A municipality may not be incorporated unless it contains at least one hundred legal residents and at least forty-five registered voters. For the purposes of this section, a person is a legal resident in the proposed municipality if the person actually lives in the proposed municipality for at least ninety days of the three hundred sixty-five days immediately preceding the filing of the petition or is an active duty member of the armed forces whose home of record is within the proposed municipality.
Source: PolC 1877, ch 24, § 2; CL 1887, § 1023; RPolC 1903, § 1418; SL 1909, ch 73; RC 1919, § 6172; SDC 1939, § 45.0302; SL 2016, ch 48, § 1.
9-3-1.1. Minimum distance from existing municipality--Exceptions.
A municipality may not be incorporated if any part of the proposed municipality lies within three miles of any point on the perimeter of the corporate limits of an incorporated municipality, unless:
(1) The incorporated municipality refuses or fails to annex a territory that is contiguous to the incorporated municipality after the contiguous territory has properly petitioned the municipality to be annexed as provided by § 9-4-1; or
(2) The territory to be incorporated has a post office and:
(a) Is in a different county than the incorporated municipality; or
(b) The incorporated municipality has a population of less than five thousand.
Source: SL 1971, ch 54; SL 1987, ch 74; SL 2016, ch 48, § 2; SL 2024, ch 28, § 20; SL 2024, ch 29, § 1.
9-3-2. Survey and map showing proposed municipal boundaries--Affidavit of surveyor.
Persons making application for the organization of a proposed municipality shall first cause an accurate survey and map to be made of the territory intended to be embraced within the limits of the proposed municipality showing the boundaries and area thereof and the accuracy of which shall be verified by the affidavit of the surveyor.
Source: PolC 1877, ch 24, § 1; CL 1887, § 1022; RPolC 1903, § 1417; RC 1919, § 6171; SDC 1939, § 45.0301; SL 2016, ch 48, § 3.
9-3-3. Census of proposed municipality--Contents--Verification.
Any person making application for the organization of a proposed municipality shall cause an accurate census to be taken of the landowners and the legal resident population of the proposed municipality not more than thirty days prior to the time of presenting the application to the board of county commissioners. The census must list the name of each landowner and legal resident residing in the proposed municipality. The census must be verified by the affidavit of the person taking the census.
Source: SDC 1939, § 45.0302; SL 1999, ch 37, § 1; SL 2016, ch 48, § 4; SL 2024, ch 28, § 21.
9-3-4. Survey, map, and census--Public inspection.
Within two days of the completion and verification of the survey, map, and census, the documents must be filed with the county auditor and made available to the public during regular business hours.
Source: PolC 1877, ch 24, § 3; CL 1887, § 1024; RPolC 1903, § 1419; RC 1919, § 6173; SDC 1939, § 45.0303; SL 2016, ch 48, § 5; SL 2024, ch 28, § 22.
9-3-5. Voters' petition as application for incorporation--Number of signers--Petition contents--Name--Presentation to county commissioners.
The application for incorporation of a proposed municipality must be by a petition verified by the circulator and signed by not less than twenty-five percent of the qualified voters who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality who are also registered voters of this state. The application shall identify the type of government to be formed, the number of trustees, commissioners, or wards in the proposed municipality, the boundaries and area according to the survey, and the legal resident population according to the census taken. The application must include the name of the proposed municipality. The name may not be the same as any incorporated municipality in the state. The application must be filed with the county auditor and heard at a regular or special meeting of the board of county commissioners within sixty days of being filed.
Source: SDC 1939, § 45.0304; SL 1987, ch 67, § 20; SL 1999, ch 37, § 2; SL 2016, ch 48, § 6; SL 2024, ch 28, § 23.
9-3-6. County commissioners' order for election.
After the public hearing on the application, if the board of county commissioners determines the requirements of this chapter have been met, the board must set a date for an election on the question of whether the proposed municipality is to be incorporated. The election must be conducted pursuant to title 12.
Source: SDC 1939, § 45.0305; SL 1999, ch 37, § 3; SL 2024, ch 28, § 24.
9-3-7 to 9-3-9. Repealed by SL 1999, ch 37, §§ 5 to 7.
9-3-10. Balloting--Majority required for incorporation--Name of municipality.
The vote upon the question of incorporation of a proposed municipality must be by ballot that conforms to a ballot for a statewide question, except that the statement required to be printed on the ballot must be prepared by the state's attorney.
If a majority of the qualified voters, who are either residents and registered voters in the proposed municipality or landowners in the proposed municipality and are registered voters in this state, vote in favor of the incorporation, the proposed municipality is incorporated by the name and style specified in the application for incorporation.
Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6179; SDC 1939, § 45.0309; SL 2006, ch 29, § 4; SL 2024, ch 28, § 25.
9-3-11. Canvass and return of votes.
After the canvass of the vote, the county auditor shall make a verified statement showing the whole number of ballots cast, together with the number voting for and the number voting against incorporation and shall return the same to the board of county commissioners at its next meeting.
Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6180; SDC 1939, § 45.0310; SL 2024, ch 28, § 26.
9-3-12. County commissioners' order--Conclusive effect.
If satisfied of the legality of the election, the board of county commissioners must make an order declaring that the proposed municipality is incorporated by the name adopted. The order is conclusive of the fact of the incorporation in all suits by or against the municipality.
Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6180; SDC 1939, § 45.0310; SL 2024, ch 28, § 27.
9-3-13. Adjustment of claims--Municipality and civil township.
Within the sixty days following the order declaring the incorporation, the board of county commissioners has full power to settle and adjust all claims and accounts existing between the municipality and the civil township or townships that formed a part of the municipality previous to its incorporation. The board shall immediately proceed to settle and adjust the claims and accounts with due regard for the interests of all concerned.
Source: CL 1887, § 1030; SL 1901, ch 74, § 1; RPolC 1903, § 1425; RC 1919, § 6181; SDC 1939, § 45.0311; SL 2024, ch 28, § 28.
9-3-14. Canvass of votes on incorporation--Filing--Recording--Registry maintained by secretary of state.
Within thirty days of the order declaring incorporation, the county auditor shall file a certified copy of the canvass of the votes showing the result of the election held on the question of incorporation with the register of deeds and the secretary of state. The register of deeds shall record the certified copy. The secretary of state shall keep a registry of all incorporated municipalities within the state.
Source: RPolC 1903, § 1177; SL 1913, ch 119, § 8; RC 1919, § 6162; SDC 1939, § 45.0105; SL 2024, ch 28, § 29.
9-3-15, 9-3-16. Repealed by SL 1974, ch 118, § 200.
9-3-17. Repealed.
Source: SDC 1939, § 45.0313; SL 1981, ch 44, § 17; SL 1986, ch 65; SL 1999, ch 37, § 4; SL 2024, ch 28, § 38.
9-3-18. Election by plurality at first election--Tie vote--Notice to persons elected.
The person having the highest number of votes respectively for each office to be filled is declared elected. If there is a tie, the county auditor must determine by lot the person deemed elected. The county auditor shall notify each person elected of the person's election within two days after the result of the election is declared.
Source: PolC 1877, ch 24, § 16; CL 1887, § 1037; RPolC 1903, § 1432; SL 1905, ch 170; RC 1919, § 6183; SDC 1939, § 45.0313; SL 2024, ch 28, § 30.
9-3-18.1. Elected official--Term of office.
Each official elected at the first election shall hold office until the first Monday of the next following May or until a successor is elected and qualified.
Source: SL 2024, ch 28, § 31.
9-3-19. Repealed.
Source: PolC 1877, ch 24, § 17; CL 1887, § 1038; RPolC 1903, § 1433; RC 1919, § 5953; SDC 1939, § 12.0909; SL 2024, ch 28, § 39.
9-3-20. Validity of incorporation questioned only by state.
The validity of the incorporation of any municipality may only be challenged in an action or proceeding instituted by or on behalf of the state.
Source: PolC 1877, ch 24, § 53; CL 1887, § 1078; RPolC 1903, § 1467; RC 1919, § 6159; SDC 1939, § 45.0111; SL 2024, ch 28, § 32.
9-3-21. Validation of prior incorporation of municipalities.
In all cases where application has, before July 1, 1939, been made for the organization of a municipality and such municipality has assumed to act as a municipality, the organization thereof is hereby in all things legalized, ratified, and declared valid, notwithstanding any errors, omissions, or informalities therein.
Source: SL 1907, ch 6; SL 1907, ch 8; RC 1919, § 6184; SDC 1939, § 45.0314; SL 1992, ch 60, § 2.
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.
9-3A-1. Repealed.
Source: SL 1881, ch 105, § 1; SL 1881, ch 135, § 1; CL 1887, § 1168; RPolC 1903, § 1570; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 1; SL 2024, ch 28, § 48.
9-3A-2. Repealed.
Source: SL 1881, ch 135, § 2; CL 1887, § 1169; RPolC 1903, § 1571; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 2; SL 2024, ch 28, § 49.
9-3A-3. Repealed.
Source: SL 1881, ch 135, § 3; CL 1887, § 1170; RPolC 1903, § 1572; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 3; SL 1992, ch 60, § 2; SL 2024, ch 28, § 50.
9-3A-4. Repealed.
Source: SL 1881, ch 135, § 4; CL 1887, § 1171; RPolC 1903, § 1573; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 4; SL 2024, ch 28, § 51.
9-3A-5. Repealed.
Source: SL 1881, ch 135, § 7; CL 1887, § 1174; RPolC 1903, § 1576; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 5; SL 1972, ch 33, § 4; SL 1992, ch 60, § 2; SL 2024, ch 28, § 52.
9-3A-9. Repealed.
Source: SL 1971, ch 69, § 9; SL 1983, ch 28, § 19; SL 1984, ch 319, § 7; SL 2024, ch 28, § 56.
9-3A-10. Repealed.
Source: SL 1881, ch 135, § 12; CL 1887, § 1179; RPolC 1903, § 1581; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 10; SL 2024, ch 28, § 57.
9-3A-11. Repealed.
Source: SL 1883, ch 114, § 1; CL 1887, § 1180; SL 1893, ch 165, § 1; RPolC 1903, § 1582; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 11; SL 1992, ch 60, § 2; SL 2024, ch 28, § 58.
9-3A-12. Repealed.
Source: SL 1883, ch 114, § 2; CL 1887, § 1181; SL 1893, ch 165, § 2; RPolC 1903, § 1583; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 12; SL 2024, ch 28, § 59.
9-3A-13. Repealed.
Source: SL 1883, ch 114, § 3; CL 1887, § 1182; SL 1893, ch 165, § 3; RPolC 1903, § 1584; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 13; SL 1992, ch 60, § 2; SL 2024, ch 28, § 60.
9-3A-14. Repealed.
Source: SL 1883, ch 114, § 4; CL 1887, § 1183; SL 1893, ch 165, § 3; RPolC 1903, § 1585; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 14; SL 1972, ch 28, § 8; SL 2024, ch 28, § 61.
9-3A-15. Repealed.
Source: SL 1883, ch 114, § 5; CL 1887, § 1184; SL 1893, ch 165, § 3; RPolC 1903, § 1586; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 15; SL 2024, ch 28, § 62.
9-3A-16. Repealed.
Source: SL 1883, ch 114, § 6; CL 1887, § 1185; SL 1893, ch 165, § 3; RPolC 1903, § 1587; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 16; SL 2024, ch 28, § 63.
9-3A-17. Repealed.
Source: SL 1883, ch 114, § 7; CL 1887, § 1186; SL 1893, ch 165, § 4; RPolC 1903, § 1588; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 17; SL 1992, ch 60, § 2; SL 2024, ch 28, § 64.
9-3A-18. Repealed.
Source: SL 1895, ch 153, § 1; RPolC 1903, § 1591; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 18; SL 1992, ch 60, § 2; SL 2024, ch 28, § 65.
9-3A-19. Repealed.
Source: SL 1895, ch 153, § 2; RPolC 1903, § 1592; repealed by omission RC 1919; re-enacted SL 1971, ch 69, § 19; SL 2024, ch 28, § 66.
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.
9-4-1. Annexation of territory on petition by voters and landowners.
The governing body of a municipality, upon receipt of a written petition describing the boundaries of any territory contiguous to that municipality sought to be annexed to that municipality, may by resolution include such territory or any part thereof within such municipality if the petition is signed by not less than three-fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed to the municipality.
For purposes of this section, the term, contiguous, includes territory separated from the municipality by reason of intervening ownership of land used as a golf course, railroad, or any land owned by the State of South Dakota or any subdivisions thereof.
Source: SL 1887, ch 104, § 1; CL 1887, § 1114; RPolC 1903, §§ 1375, 1508; RC 1919, § 6559; SDC 1939, § 45.2905; SL 1969, ch 183; SL 1975, ch 85; SL 1982, ch 71, § 2; SL 2009, ch 32, § 1.
9-4-1.1. Municipalities authorized to enter into annexation and development agreements with landowners.
A municipality may enter into an agreement with any landowner specifying the conditions under which the landowner's property may be annexed pursuant to § 9-4-1 or developed.
Source: SL 2004, ch 102, § 2.
9-4-2 to 9-4-4. Repealed by SL 1979, ch 47, §§ 13 to 15.
9-4-4.1. Study required before annexation without petition.
Except as provided by § 9-4-1, before a municipality may extend its boundaries to include contiguous territory, the governing body shall conduct a study to determine the need for the contiguous territory and to identify the resources necessary to extend the municipal boundaries.
Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SDCL, § 9-4-3; SL 1979, ch 47, § 1.
9-4-4.2. Resolution of intent to annex--Contents for large municipalities.
Based on the study provided for in § 9-4-4.1, the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of one thousand or more as determined in the last federal census, shall contain the following:
(1) The description and boundaries of the territory to be annexed;
(2) That ample and suitable resources exist to accommodate the orderly growth or development of the contiguous territory;
(3) That municipal utilities and a major street network are considered in terms of the proposed boundary extension and that there is a definite timetable upon which municipal service will be extended into the contiguous territory;
(4) The approximate cost of the extended service to the residents of the contiguous territory and the municipality;
(5) The estimated difference in tax assessment rate for the residents in the contiguous territory;
(6) That exclusions and irregularities in boundary lines are not the result of arbitrariness;
(7) That there is reasonable present or demonstrable future need for annexing the contiguous territory; and
(8) That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries.
Source: PolC 1877, ch 24, § 48; CL 1887, § 1073; RPolC 1903, §§ 1378, 1379, 1462; RC 1919, § 6560; SDC 1939, § 45.2906; SL 1955, ch 215, § 1; SDCL, §§ 9-4-2, 9-4-3; SL 1979, ch 47, § 2; SL 1984, ch 52, § 1; SL 1988, ch 74, § 1.
9-4-4.3. Notice of hearing on resolution to landowners and county auditor--Adoption.
Prior to adoption, copies of the resolution of intent with a notice of time and place of the public hearing shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the resolution of intent and notice of public hearing regarding the resolution of intent to the county commissioners. The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The resolution of intent may be adopted, pursuant to chapter 9-19, with or without amendments after the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners.
Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SDCL § 9-4-4; SL 1979, ch 47, § 3; SL 1984, ch 52, § 2; SL 2012, ch 54, § 1.
9-4-4.4. Hearing on resolution of annexation--Notice to landowners and county auditor--Adoption of resolution--Contents.
The governing body shall hold a public hearing to consider extension of its boundaries within sixty days of the adoption of the resolution of intent provided for in §§ 9-4-4.2 and 9-4-4.11. Prior to adoption of the resolution of annexation, a copy of the adopted resolution of intent and a notice of the time and place of the public hearing on the resolution of annexation shall be forwarded by certified mail to the affected landowners and the county auditor, who shall then forward the adopted resolution of intent and notice of public hearing regarding the resolution of annexation to the county commissioners. The notice shall be postmarked not less than ten days and not more than twenty days before the date of the public hearing. The governing body shall utilize and rely upon the records of the county director of equalization for the purposes of determining the affected landowners. The governing body may adopt an annexation resolution, containing the description and boundaries of the territory to be annexed, pursuant to chapter 9-19, within one hundred and twenty days of the public hearing. The governing body shall consider any objections to the resolution of annexation and the adopted resolution of intent, and may adopt the resolution of annexation with or without amendments, and may also add to the resolution of annexation any amendments to the resolution of intent. No amendment may be made affecting any property not described in the original resolution.
Source: SDC 1939, § 45.2906; SL 1955, ch 215, § 1; SDCL §§ 9-4-3, 9-4-4; SL 1979, ch 47, §§ 4, 5; SL 1984, ch 52, § 3; SL 1988, ch 74, § 3; SL 2012, ch 54, § 2.
9-4-4.5. Petition for submission of annexation resolution to voters.
The required number of voters residing in the combined area of the municipality and special annexation precinct may file within twenty days after the publication of the annexation resolution a petition with the municipal finance officer, requiring the submission of the annexation resolution to a vote of the voters of the combined area of the municipality and special annexation precinct for its rejection or approval.
Source: SL 1979, ch 47, § 6.
9-4-4.6. Contents of referendum petition--Signatures--Verification.
The petition shall contain the title of the resolution or the subject of the resolution and the date of its passage. The petition shall be signed by at least five percent of the registered voters residing in the combined area of the municipality and the special annexation precinct established pursuant to § 9-4-4.8. The percentage shall be based on the number of voters in the municipality at the last preceding general election. Each voter shall add to the voter's signature the voter's place of residence, including street and house number, if any, and the date of signing. The referendum petition shall be verified in the same manner as a petition to initiate a law except that the person verifying shall state that each person signing the petition is a resident and registered voter of the municipality or special annexation precinct. No signature on the petition is valid if signed more than six months prior to the filing of the petition.
Source: SL 1979, ch 47, § 8; SL 1983, ch 52, § 1; SL 1988, ch 63, § 4; SL 2000, ch 19, § 2.
9-4-4.7. Time of election on annexation--Referendum provisions applicable.
The governing body shall within ten days after the presentation of a petition pursuant to § 9-4-4.5, fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body. If a petition is filed on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question shall be submitted at that annual municipal election. The special election shall be conducted pursuant to §§ 9-20-12 to 9-20-14, inclusive, and §§ 9-20-16 and 9-20-17 and shall be under the charge of the municipal finance officer.
Source: SL 1979, ch 47, § 10; SL 1981, ch 63; SL 1983, ch 53, § 1.
9-4-4.8. Special precinct for area to be annexed--Registration lists.
Upon the filing of a petition pursuant to § 9-4-4.5, the county commissioners of the county in which the area to be annexed lies, shall upon request of the municipal finance officer, establish a special election precinct comprising all of the registered voters residing in the area to be annexed. The county commission shall also submit the necessary registration lists to the municipal official in charge of the election at least one day prior to the election.
Source: SL 1979, ch 47, § 7.
9-4-4.9. Vote required to approve annexation--Effective date.
The referred resolution so submitted shall become operative if approved by a majority of the votes cast, in the combined area of the municipality and special annexation precinct. If approved, it shall take effect upon completion of the canvass of the special election returns.
Source: SL 1979, ch 47, § 11.
9-4-4.10. Proceedings to enforce terms of resolution of annexation or resolution of intent.
Any person of the annexed area may institute proceedings in the circuit court to compel performance of any aspect of the resolution of intent or the resolution of annexation as finally adopted extending the municipal boundaries and services. The proceedings shall be instituted within seven years of the adoption of the resolution of annexation.
Source: SL 1979, ch 47, § 12; SL 1984, ch 52, § 4.
9-4-4.11. Resolution of intent to annex--Contents for small municipalities.
Based on the study provided for in § 9-4-4.1, the governing body may adopt a resolution of intent to extend its boundaries. The resolution, in municipalities of less than one thousand in population as determined in the last federal census, shall contain the following:
(1) The description and boundaries of the territory to be annexed;
(2) That ample and suitable resources exist to accommodate the orderly growth or development of the contiguous territory;
(3) The estimated difference in tax assessment rate for the residents in the contiguous territory;
(4) That exclusions and irregularities in boundary lines are not the result of arbitrariness;
(5) That there is reasonable present or demonstrable future need for annexing the contiguous territory; and
(6) That population and census data indicate that the municipality has or may experience growth or development beyond its present boundaries.
Source: SL 1988, ch 74, § 2.
9-4-5. Annexation of unplatted territory subject to approval by county commissioners.
No such resolution describing unplatted territory therein may be adopted until it has been approved by the board of county commissioners of the county wherein such unplatted territory is situate. For the purposes of this section, unplatted territory is any land which has not been platted by a duly recorded plat or any agricultural land as defined in § 10-6-110.
Source: SDC 1939, § 45.2906 as added by SL 1955, ch 215, § 1; SL 1982, ch 71, § 1; SL 2021, ch 44, § 44.
9-4-6. Exclusion of territory from municipality on petition or by vote of governing body.
Upon a two-thirds vote of the governing body, or on petition in writing signed by not less than three-fourths of the legal voters and by the owners of not less than three-fourths in value of the property in any territory within any municipality being upon the border thereof, the governing body may by resolution exclude the territory from the municipality. However, if all the land sought to be excluded is more than one-half mile from any platted portion of the municipality, the petition must be signed by the owner only.
Source: SL 1887, ch 104, § 2; CL 1887, § 1115; RPolC 1903, § 1509; RC 1919, § 6555; SDC 1939, § 45.2901; SL 1939, ch 191; SL 2016, ch 52, § 4.
9-4-7. Publication of petition for exclusion of territory.
No final action shall be taken by the governing body upon any petition presented in pursuance of the provisions of § 9-4-6 until notice of the presentation of such petition has been given by the petitioners by publication at least once each week for two successive weeks.
Source: SL 1887, ch 104, § 3; CL 1887, § 1116; RPolC 1903, § 1510; RC 1919, § 6556; SDC 1939, § 45.2902.
9-4-8. Petition to circuit court for exclusion of territory after refusal by governing body.
Upon the failure of the governing body to grant the request contained in a petition presented in accordance with the provisions of §§ 9-4-6 and 9-4-7, for thirty days after the last publication of the notice or upon a refusal to grant such request, the petitioners may present their petition to the circuit court of the county in which such municipality or the greater portion of it is situated, by filing such petition with the clerk of courts.
Source: SL 1887, ch 104, § 4; CL 1887, § 1117; RPolC 1903, § 1511; RC 1919, § 6557; SDC 1939, § 45.2903.
9-4-9. Service of notice of petition to circuit court--Hearing at term or in vacation.
Notice of filing pursuant to § 9-4-8 shall be served by the petitioners upon the mayor or president of the Board of Trustees, as the case may be, together with a notice of the time and place when and where a hearing will be had upon such petition, at least ten days before the date of such hearing.
The hearing on the petition may be had by the court at a regular or special term or in vacation.
Source: SL 1887, ch 104, § 4; CL 1887, § 1117; RPolC 1903, § 1511; RC 1919, § 6557; SDC 1939, § 45.2903.
9-4-10. Court order for exclusion of territory--Dismissal of petition.
If upon the hearing the court shall find that the request of the petitioners ought to be granted and can be granted without injustice to the inhabitants or persons interested, the court shall so order.
If the court shall find against the petitioners, the petition shall be dismissed at the cost of the petitioners.
Source: SL 1887, ch 104, § 5; CL 1887, § 1118; RPolC 1903, § 1512; RC 1919, § 6558; SDC 1939, § 45.2904.
9-4-11. Recording of resolution or decree changing municipal boundaries--Effective date.
Whenever the limits of any municipality are changed by a resolution of the governing body or by a decree of court it shall be the duty of the mayor or the president of the Board of Trustees to cause an accurate map of such 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 such territory is situated, and thereupon such territory shall become and be a part of such municipality or be excluded therefrom as the case may be.
Source: SL 1887, ch 104, § 6; CL 1887, § 1119; RPolC 1903, § 1513; RC 1919, § 6563; SDC 1939, § 45.2908; SL 1955, ch 215, § 2.
9-4-12. Annexation of territory near municipal airport prohibited--Exception.
No other municipality may annex any territory within one and one-quarter miles of any parcel of land operated as a municipal airport by an airport authority organized pursuant to chapter 50-6A. However, if the governing body of the airport-operating municipality consents, by resolution, to such a proposed annexation by another municipality, the provisions of this section do not apply to the extent of the waiver provided in the consent resolution of the airport-operating municipality.
Source: SL 2003, ch 42, § 1; SL 2005, ch 47, § 1.
9-4-14. Municipal airport outside corporate limits exempt from annexation restrictions--Extraterritorial jurisdiction--Application to property in another municipality.
If a municipality operates an airport organized pursuant to Title 50 outside the corporate limits of the municipality, the restrictions of § 9-4-1 against annexation of noncontiguous territory do not apply to the annexation of the airport by such municipality. If the municipality annexes such airport, the municipality may exercise extraterritorial jurisdiction pursuant to chapter 11-6, but only to the extent of one and one-quarter miles of the exterior boundary of the airport property. Such one and one-quarter mile extraterritorial jurisdiction supercedes the three-mile extraterritorial jurisdiction of any other municipality or jurisdiction of any other governmental entity, except as provided in Title 50.
Such one and one-quarter mile extraterritorial jurisdiction does not include property located within the corporate limits of another municipality. However, the latter municipality may not allow any airport hazards as defined in Title 50 in its corporate limits within the one and one-quarter mile extraterritorial jurisdiction around the airport property.
Source: SL 2003, ch 42, § 3.
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.
9-5-1. Petition by voters of municipality to be annexed--Agreement on terms of annexation--Resolutions of governing bodies.
No consolidation of contiguous municipalities may be considered unless fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, desiring to be annexed to another who are also named as owners of real property in the tax list of the last preceding year, shall file with the municipal finance officer a petition requesting consolidation. When such petition has been filed the governing bodies of the municipalities concerned shall meet and fix the terms upon which the proposed annexation shall be made. If both governing bodies agree upon the proposed terms, they shall by identical resolutions so declare.
Source: SL 1951, ch 249, § 1; SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01; SL 1987, ch 67, § 21.
9-5-2. Publication of resolutions of annexation--Approval of voters required.
All resolutions referred to in this chapter shall be adopted and be published and shall take effect as other resolutions provided that the proposed plan of consolidation shall not take effect unless approved by the voters of both municipalities at elections as hereinafter provided.
Source: SL 1951, ch 249, § 1; SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01.
9-5-3. Notice, conduct, and canvass of elections on annexation.
Such elections on the proposition of consolidating such contiguous municipalities as fixed and called by resolution shall be noticed, held, conducted, and canvassed as provided for a special or annual election as the case be.
Source: SL 1951, ch 249, § 2; SL 1955, ch 214, § 2; SDC Supp 1960, § 45.29A02.
9-5-4. Waiting period after rejection of annexation by voters.
If either election fails no other election on the same question shall be held sooner than three years after the effective date of said resolutions proposing the plan for annexation.
Source: SL 1951, ch 249, § 2; SL 1955, ch 214, § 2; SDC Supp 1960, § 45.29A02.
9-5-5. Submission of question to voters of municipality to be annexed--Date of election.
After the resolutions proposing the plan for annexation shall take effect, the municipality to be annexed shall, by resolution, submit the question of annexation to the voters of such municipality at a special election called for that purpose fixing the date thereof or at the next annual municipal election, provided that any such election shall be held within sixty days after the said resolutions proposing the plan for annexation shall take effect.
Source: SL 1951, ch 249, § 1; SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01.
9-5-6. Form of ballot on question of annexation.
The proposition for consolidation of such contiguous municipalities shall be submitted to the voters thereof on a separate ballot and shall be so stated so as to enable each voter to vote for or against the proposed consolidation by making a cross () or check mark () in a square or circle preceding the phrase "For the annexation of (naming the municipality) to (naming the municipality)" or "Against the annexation of (naming the municipality) to (naming the municipality)."
Source: SL 1951, ch 249, § 3; SDC Supp 1960, § 45.29A03.
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.
If a majority of the votes cast in the election held in the municipality desiring to be annexed are in favor of annexation, the governing body of the municipality shall so declare by resolution. A certified copy of the whole proceedings for the annexation shall be filed within ten days after the election with the auditor of the municipality to which the annexation is to be made. Upon the filing of the certified copy as provided in this section, the municipality to which annexation is to be made shall by resolution submit the question of annexation to the voters of the municipality at a special election called for that purpose fixing the date thereof within sixty days after the filing of the certified copy of the proceedings as provided in this section. If the filing is on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question shall be submitted at that annual municipal election.
Source: SL 1955, ch 214, § 1; SDC Supp 1960, § 45.29A01; SL 1983, ch 53, § 2.
9-5-8. Resolution declaring approval by voters of annexing municipality--Filing and recording of proceedings.
If a majority of the votes cast in the municipality to which annexation is to be made be in favor of annexation, the governing body of such municipality shall so declare by resolution. A certified copy of the whole proceedings of the annexation shall be filed with the auditor of such municipality and he shall file a certified copy of such proceedings and a certified copy of the proceedings of the municipality to be annexed with the secretary of state, and in the office of the register of deeds of the county, who shall record the same.
Source: SL 1951, ch 249, § 4; SL 1955, ch 214, § 3; SDC Supp 1960, § 45.29A04.
9-5-9. Effective date of annexation--Implementing ordinance.
Except as otherwise provided in the plan for consolidation, when certified copies of the proceedings are so filed, the annexation shall be effective and complete and the municipality to which the annexation is made shall have the power, and it shall be its duty, to pass such ordinance as will carry into effect such annexation, and thereafter the municipality annexed shall be a part of the municipality to which the annexation is made.
Source: SL 1951, ch 249, § 5; SL 1953, ch 267; SDC Supp 1960, § 45.29A05.
9-5-10. Proceedings to compel compliance with terms of annexation--Existing rights and liabilities preserved.
Any citizen of the annexed municipality may maintain legal proceedings to compel the municipality and the governing body thereof, to which annexation is made, to execute such terms and conditions, but such annexation shall not affect or impair any rights or liabilities then existing for or against either of such municipalities, and they may be enforced as hereinafter provided.
Source: SL 1951, ch 249, § 6; SDC Supp 1960, § 45.29A06.
9-5-11. Title to municipal property after annexation.
The municipality as enlarged by such consolidation shall have title to all real and personal property of both municipalities.
Source: SL 1951, ch 249, § 9; SDC Supp 1960, § 45.29A09.
9-5-12. Assumption of municipal debts and obligations after annexation.
All debts and obligations of the municipalities as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and be paid by the municipality as enlarged by such consolidation.
Source: SL 1951, ch 249, § 10; SDC Supp 1960, § 45.29A10.
9-5-13. Bonded indebtedness of annexing municipality--Tax levy--Property in annexed municipality exempt.
Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the municipality to which annexation is made shall be paid by such municipality by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed municipality shall ever be subjected, in any way, to the payment of any part of said bonded indebtedness.
Source: SL 1951, ch 249, § 7; SDC Supp 1960, § 45.29A07.
9-5-14. Bonded indebtedness of annexed municipality--Tax levy.
Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the municipality annexed shall be paid by such municipality; and the governing body of the municipality as it exists after annexation is authorized, and it is made its duty, to provide for the payment of such existing bonded indebtedness by the levy of taxes upon the property subject to taxation within the limits of such municipality so annexed, and to continue such tax from year to year so long as the same shall be necessary.
Source: SL 1951, ch 249, § 8; SDC Supp 1960, § 45.29A08.
9-5-15. Enforcement of claims and demands against annexed municipality--Payment of judgments.
Suits to enforce claims or demands existing at the time of annexation against the municipality annexed may be prosecuted or brought against the municipality to which annexation is made, and judgments obtained shall be paid as provided in § 9-5-12 for the payment of the indebtedness of such annexed municipality.
Source: SL 1951, ch 249, § 11; SDC Supp 1960, § 45.29A11.
9-5-16. School districts consolidated on annexation.
Upon consolidation of contiguous municipalities as herein provided, the school districts thereof shall ipso facto be consolidated, the school district of the annexed municipality becoming a part of the school district of the annexing municipality.
Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
9-5-17. Title to school district property after consolidation--Assumption of debts and obligations.
The school district as enlarged by such consolidation shall have title to all real and personal property of both school districts. All debts and obligations of the school districts as enlarged by such consolidation, other than existing bonded indebtedness, shall be assumed and paid by the school district as enlarged by such consolidation.
Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
9-5-18. Bonded indebtedness of annexing school district--Tax levy--Property in annexed district exempt.
Except as otherwise provided in the plan for consolidation, all existing bonded indebtedness of the school district to which annexation is made shall be paid by such school district by a tax to be levied exclusively upon the property subject to taxation within the limits of the same as it existed prior to such annexation or as such original limits are changed, and none of the real estate or property embraced within the limits of the annexed school district shall ever be subjected in any way to the payment of any part of said bonded indebtedness.
Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
9-5-19. Bonded indebtedness of annexed school district--Tax levy.
Except as otherwise provided in the plan for consolidation, the existing bonded indebtedness of the school district annexed shall be paid by such school district and the board of the school district as it exists after annexation is authorized, and it is made its duty, to provide for the payment of such existing bonded indebtedness by the levy of taxes upon the property subject to taxation within the limits of such school district so annexed and to continue such tax from year to year so long as the same shall be necessary.
Source: SL 1951, ch 249, § 12; SDC Supp 1960, § 45.29A12.
9-5-20. Continuation in force of ordinances, contracts, rights and liabilities of annexed municipality and school district.
All ordinances, resolutions, contracts, franchises, obligations, rights, and liabilities of the annexed municipality or school district shall continue in force and effect the same as though no consolidation had occurred except as herein otherwise provided or except as completed, discharged, modified, repealed, or otherwise changed in the manner provided by law.
Source: SL 1951, ch 249, § 13; SDC Supp 1960, § 45.29A13.
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.
9-6-1. Landowners' petition to circuit court for dissolution by decree.
Whenever a municipality shall have less than two hundred fifty population, the owners of a majority of the real property therein, both in area and assessed valuation, may petition the circuit court of the county in which such municipality or any part thereof is situated for the dissolution of the municipality.
Source: SL 1903, ch 91, § 1; RC 1919, § 6566; SDC 1939, § 45.3002.
9-6-2. Contents of petition for dissolution by decree--Verification and filing.
Such petition must show the name of the municipality, the date of its incorporation, the fact that it contains a population of less than two hundred fifty persons, and that the petitioners are the owners of more than one-half of the real property contained within its limits, in area, and of more than one-half of such real property in assessed valuation, as shown by the last assessment thereof prior to the filing of such petition. Such petition shall be verified by the affidavit of two or more of the petitioners to the effect that the statements contained in it are true and be filed in the office of the clerk of the circuit court.
Source: SL 1903, ch 91, § 1; RC 1919, § 6566; SDC 1939, § 45.3002.
9-6-3. Show cause order to municipality on petition for dissolution--Service.
Upon the filing of a petition as provided in §§ 9-6-1 and 9-6-2 the circuit court shall issue an order to the municipality, returnable in not less than ten nor more than thirty days, to show cause why the petition should not be granted. Such order shall be served in the same manner as summonses in civil action against municipalities not less than ten nor more than thirty days before the return date thereof.
Source: SL 1903, ch 91, § 2; RC 1919, § 6567; SDC 1939, § 45.3003.
9-6-4. Objections to petition for dissolution--Taking of evidence.
Upon the return day of such order, or any day to which the hearing thereon may be adjourned, objections to the petition may be filed on behalf of the municipality or any property owner or taxpayer thereof, which objections shall be in writing and be verified in the same manner as the petition.
The court may upon such hearing take such evidence as it may deem proper to a determination of the petition and objections thereto.
Source: SL 1903, ch 91, § 2; RC 1919, § 6567; SDC 1939, § 45.3003.
9-6-5. Referee to determine facts on petition for dissolution--Report of referee.
If upon such hearing it appears to the satisfaction of the court that the interests of such municipality and of its property owners and taxpayers require that the municipality be dissolved, the court shall appoint a referee to make an enumeration of its population and to examine the records of such municipality and of the county in which the same is situated, to ascertain whether such petition has been executed by persons owning more than one-half of the real property within such corporation, both in area and assessed valuation.
The court may also refer to such referee any other question in controversy which may arise upon the petition and objections thereto.
Such referee shall with all convenient speed make his report to the court of all matters referred to him, and upon the filing of such report and upon not less than six days' notice to the municipality, the court shall consider the report of the referee.
Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004.
9-6-6. Decree of dissolution of municipality.
If it appears from such report that the population of such municipality is less than two hundred fifty, and that such petition has been executed by property owners owning more than one-half of the real property within such municipality, both in area and in assessed valuation; and if it further appears to the satisfaction of the court that it is to the best interests of such municipality and of the property owners thereof that it be dissolved, the court shall render a judgment adjudging and decreeing the dissolution of such municipality.
Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004.
9-6-7. Judgment record in proceedings for dissolution.
The petition and all objections thereto, the report of the referee, and the judgment of dissolution shall be entered by the clerk of courts upon his judgment record, the same as judgments are entered in civil cases.
Source: SL 1903, ch 91, § 3; RC 1919, § 6568; SDC 1939, § 45.3004.
9-6-8. Filing and recording of decree of dissolution--Cessation of municipal existence.
A copy of the judgment of dissolution, certified by the clerk of courts, shall be filed in the office of the register of deeds in the county or counties in which such municipality is situated and in the Office of the Secretary of State, and upon the filing of such copies such municipality shall be deemed to be dissolved, and it shall cease to be a municipality excepting as set forth in § 9-6-9.
Source: SL 1903, ch 91, § 4; RC 1919, § 6569; SDC 1939, § 45.3005.
9-6-9. Jurisdiction of municipal territory after dissolution--Power of municipal officers to wind up affairs.
After the entry of the judgment of dissolution the territory comprised in such municipality shall revert to the jurisdiction and control and shall become a part of the local subdivision or organization of which it would have been a part had it never existed.
Its governing body and other officers shall cease to possess any powers except that they shall remain in office and shall possess, under the direction of the circuit court, all powers necessary to the winding up of the corporate affairs of such municipality, including the power to levy and collect taxes to pay its indebtedness, and to make all orders necessary for the disposal of its property and for the proper distribution of the proceeds thereof. Such governing body and other officers shall remain in office for such purposes only for the period of six months after the entry of the judgment of dissolution unless the court entering such judgment shall order an extension of such period of six months for the purpose of permitting the affairs of such municipality to be fully closed.
Source: SL 1903, ch 91, § 5; RC 1919, § 6570; SDC 1939, § 45.3006.
9-6-10. Application for dissolution by election--Ballot form and conduct of election.
If an application signed by fifteen percent of the registered voters of any municipality, based upon the total number of registered voters at the last preceding general election, having less than one thousand inhabitants is presented to the governing body asking for the dissolution of the municipality, the governing body shall call a special election by giving fifty days' published notice thereof to determine whether the municipality shall be dissolved. No signature on the application is valid if signed more than six months prior to the filing of the application. If any such application is presented on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question shall be submitted at that annual municipal election.
The vote upon the question of dissolution shall be by ballot and cast in the manner provided by chapter 9-13.
Source: SL 1893, ch 35, § 1; RPolC 1903, §§ 1415, 1465; RC 1919, § 6564; SDC 1939, § 45.3001; SL 1983, ch 52, § 2; SL 1983, ch 53, § 3; SL 1987, ch 67, § 14.
9-6-11. Waiting period after rejection of dissolution by voters.
Where an election is had under § 9-6-10 and a majority of the votes cast at such election shall be against dissolution, there shall be no other election held for the purpose of dissolving the municipality until five years after the date of such first election.
Source: SL 1893, ch 35, § 1; RPolC 1903, §§ 1415, 1465; RC 1919, § 6564; SDC 1939, § 45.3001.
9-6-12. Number of votes required for dissolution--Cessation of municipal existence--Disposition of municipal property--Existing rights preserved.
If a majority of all the votes cast at an election under § 9-6-10 shall be for dissolution and such vote shall have been given by two-fifths of all the legal voters in such municipality, as shown by the vote cast at the last preceding annual election therein, a statement of the vote signed by the mayor or president of the Board of Trustees and attested by the auditor or clerk shall be filed in the office of the register of deeds of the proper county; and such municipality shall, at the expiration of six months from the time of holding such election, cease to be a municipality, and the property belonging to it after the payment of its debts and liabilities shall be disposed of in such manner as the governing body may direct.
Such dissolution shall not affect the rights of any person under any contract with such municipality.
Source: SL 1893, ch 35, §§ 1, 2; RPolC 1903, §§ 1415, 1416, 1465, 1466; RC 1919, §§ 6564, 6565; SDC 1939, § 45.3001.
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.
9-7-1. Composition and election of board--Qualifications of trustee--Change in number.
The Board of Trustees of a third class municipality shall consist of not less than three nor more than five members elected at large. Each shall be a legal voter of the municipality. The number of trustees of a municipality may be increased to five or reduced to three in the manner prescribed by chapter 9-11.
Source: PolC 1877, ch 24, § 15; CL 1887, § 1036; SL 1895, ch 182, § 1; RPolC 1903, § 1431; SL 1905, ch 170; SL 1907, ch 243; RC 1919, § 6196; SL 1933, ch 151; SDC 1939, § 45.0601; SL 1979, ch 48, §§ 1, 2; SL 1992, ch 60, § 2.
9-7-3. Terms of office of trustees--Vacancy.
The members of the Board of Trustees shall hold office for three years and until their successors are elected and qualified. A vacancy on the board shall be filled as provided in § 9-13-14.1 or 9-13-14.2.
When a municipality is organized, the trustees shall be elected for terms of one, two, and three years respectively at the first annual election. At subsequent elections each trustee shall be elected for a term of three years.
Source: SL 1907, ch 243, § 1; RC 1919, § 6197; SL 1931, ch 200, § 1; SDC 1939, § 45.0602; SL 1992, ch 60, § 2; SL 2014, ch 50, § 2.
9-7-4. Repealed by SL 1979, ch 50, § 5.
9-7-5. President of board.
At the first regular meeting after their election the members of the Board of Trustees shall elect one of their number as president to serve for one year and until his successor is elected and qualified.
Source: PolC 1877, ch 24, § 19; CL 1887, § 1040; RPolC 1903, § 1435; RC 1919, § 6200; SDC 1939, § 45.0605.
9-7-6. Regular and special meetings of board.
The board shall hold regular meetings at such times as may be provided by ordinance.
Special meetings of the board may be held at any time upon call of the president or clerk by oral or written notice to the members present within the municipality.
Source: PolC 1877, ch 24, § 21; CL 1887, § 1042; RPolC 1903, § 1437; RC 1919, §§ 6201, 6202; SDC 1939, § 45.0606; SL 1989, ch 72, § 1.
9-7-7. Quorum--Majority required for action.
A majority of the members of the board shall constitute a quorum, but no act of the board shall be effective unless assented to by a majority of the members.
Source: RC 1919, § 6203; SDC 1939, § 45.0607.
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.
9-8-1. Mayor--Term of office.
The chief executive officer of a municipality under the aldermanic form is the mayor. The mayor holds office for a term of not less than two nor more than five years as determined by ordinance. A mayor may hold office for more than one term.
Source: SDC 1939, § 45.0701; SL 1959, ch 267; SL 1984, ch 53, § 1; SL 1992, ch 60, § 2; SL 1992, ch 61, § 1; SL 2001, ch 42, § 1; SL 2017, ch 56, § 1.
9-8-1.1. Qualifications of mayor and alderman.
A person may be nominated, elected, or appointed as a mayor or as an alderman if the person is a citizen of the United States, a voter of and resident of the municipality, and, if an alderman, a voter of and resident of the ward for which the person is to hold office.
Source: SL 1992, ch 61, § 2; SL 2017, ch 56, § 2.
9-8-2. Vacancy in office of mayor--Temporary absence or disability.
If there is a vacancy from any cause in the office of the mayor, the vacancy shall be filled by appointment by a majority vote of the aldermen, as soon as practicable after the vacancy occurs, to serve until the office is filled by election for the unexpired term at the next annual municipal election or by special election as provided in § 9-13-14.2. Until the vacancy is filled or during the time of temporary absence or disability of the mayor, the powers and duties of mayor are executed by the president or vice president of the council as provided in § 9-8-7.
Source: SL 1890, ch 37, art III, § 2; RPolC 1903, §§ 1182, 1184; SL 1907, ch 89; RC 1919, § 6205; SDC 1939, § 45.0701; SL 1959, ch 267; SL 1981, ch 64; SL 2005, ch 48, § 1; SL 2017, ch 56, § 3.
9-8-3. Powers and duties of mayor--Veto power.
The mayor presides at all meetings of the council but only votes in case of a tie. The mayor performs other duties as may be prescribed by the laws and ordinances, and takes care that the laws and ordinances are faithfully executed. The mayor shall annually, or as may be necessary, give the council information relative to the affairs of the municipality, and recommend for the council's consideration the measures the mayor deems expedient. The mayor may sign or veto any ordinance or resolution passed by the common council, and may veto any part or item of an ordinance or resolution appropriating money.
Source: SL 1890, ch 37, art III, §§ 4, 8, 10, 14; RPolC 1903, §§ 1185, 1189, 1191, 1195; RC 1919, §§ 6206 to 6208; SDC 1939, § 45.0702; SL 1992, ch 60, § 2; SL 2017, ch 56, § 4.
9-8-4. Composition of common council--Election and terms of office of aldermen--Vacancy.
The common council consists of the mayor elected at large and two aldermen elected from and by the voters of each ward of the municipality. The term of office is two years, unless a municipality adopts an ordinance establishing the term of office to be three, four, or five years. The mayor and aldermen hold office until their successors are elected and qualified. At the first election of aldermen, the council shall stagger the initial terms of the alderman in each ward to provide that the two aldermen are not up for reelection in the same year. A person may hold office for more than one term. The vacancy of an alderman is filled as provided in § 9-13-14.1 or 9-13-14.2
Source: SDC 1939, § 45.0703; SL 1998, ch 44, § 1; SL 2005, ch 48, § 2; SL 2017, ch 56, § 5.
9-8-4.1. Municipalities with less than three thousand residents--Authorized to elect aldermen at-large.
Notwithstanding § 9-8-4, the voters of any second or third class municipality may, by majority vote, choose to elect aldermen to the common council at large using the process provided in § 9-11-6. The voters may revert to electing aldermen by ward in the same manner provided in this section, subject to the waiting period in § 9-11-8.
Source: SL 2022, ch 21, § 1.
9-8-5. Power of council to judge members and govern proceedings--Bribery vacating office.
The council is the judge of the election and qualification of its members. The council determines its rules of procedure, and may punish its members for disorderly conduct, and, with the concurrence of two-thirds of the aldermen may expel a member.
Any alderman who is convicted of bribery shall vacate the position.
Source: SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204; RC 1919, § 6210; SDC 1939, § 45.0704; SL 2017, ch 56, § 6.
9-8-6. Repealed by SL 1979, ch 50, § 3.
9-8-7. President and vice president of council--Election and duties.
At the first regular meeting after the annual election in each year and after the qualification of the newly elected aldermen, the council shall elect from among its members a president and vice president, who shall hold their respective offices for the municipal year.
The president of the council in the absence of the mayor acts as the presiding officer of the council. During the absence of the mayor from the municipality or the mayor's temporary disability, the president of the council is acting mayor and has all the powers of the mayor.
In the absence or disability of the mayor and president of the council, the vice president of the council shall perform the duties of the mayor and president of the council.
However, the president of the council or vice president of the council acting as the mayor shall only vote as an alderman. No alderman acting as mayor may vote as the mayor to break a tie vote.
Source: SL 1890, ch 37, art IV, § 10; RPolC 1903, § 1207; RC 1919, § 6213; SDC 1939, § 45.0706; SL 1992, ch 60, § 2; SL 2017, ch 56, § 7.
9-8-8. Meetings of council--Quorum--Journal of proceedings.
The council holds its regular meetings on the first Monday of each month but may, by ordinance, change the day of its regular monthly meetings. The council may prescribe by ordinance the manner in which special meetings may be called.
A majority of the aldermen constitutes a quorum to do business. When a seat on a council is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining aldermen who are qualified to serve as aldermen by election or appointment pursuant to chapter 9-13. The council may compel the attendance of absentees under such penalties as may be prescribed by ordinance.
The meetings of the council are open to the public and it shall keep a journal of its proceedings.
Source: SL 1890, ch 37, art IV, §§ 9, 11; RPolC 1903, §§ 1205, 1206, 1208; RC 1919, §§ 6211, 6212, 6214; SDC 1939, § 45.0705; SL 2017, ch 56, § 8.
9-8-10. Recording of votes by council members--Number of votes required for action.
A roll call vote shall be taken upon the passage of all ordinances and upon any proposal to expend or appropriate money, and in all other cases at the request of any member. All votes shall be entered in the minutes of its proceedings.
The majority vote of the aldermen shall be necessary to pass an ordinance or proposal which expends or appropriates money, and the mayor may not break a tie on an ordinance or proposal to expend or appropriate money. The mayor may break a tie on all other ordinances or proposals.
A two-thirds vote of the aldermen is required to sell any city property.
Source: SL 1890, ch 37, art IV, § 12; RPolC 1903, § 1209; RC 1919, § 6215; SDC 1939, § 45.0707; SL 1992, ch 60, § 2; SL 2017, ch 56, § 9.
9-8-11. Reconsideration of council action.
A vote of the council may be reconsidered or rescinded at a regular or special meeting if a quorum is present and a majority vote to reconsider or rescind the action.
Source: SL 1890, ch 37, art IV, § 13; RPolC 1903, § 1210; RC 1919, § 6216; SDC 1939, § 45.0708; SL 2017, ch 56, § 10.
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.
9-9-1. Composition of board of commissioners.
Under the commission form, where a city manager is not employed, the board of commissioners shall consist of the mayor and two or four commissioners elected at large.
Source: SL 1913, ch 119, § 10; RC 1919, § 6219; SDC 1939, § 45.0801.
9-9-2. Qualifications of mayor and commissioner.
A person may be nominated, elected, or appointed as a mayor or as a commissioner if the person is a citizen of the United States and voter and resident of the municipality.
Source: SL 1913, ch 119, § 22; RC 1919, § 6220; SDC 1939, § 45.0802; SL 1970, ch 56, § 1; SL 1972, ch 154, § 22; SL 2018, ch 49, § 1.
9-9-3. Terms of office of mayor and commissioners.
The term of office of the mayor and commissioners shall be not less than two or more than five years as determined by ordinance, except that at the first election after the adoption of the commission form of government the mayor's term shall be for five years and the commissioners shall be elected for staggered terms. If the number of commissioners is four, one shall be elected for one year, one for two years, one for three years, and one for four years. If the number of commissioners is two, one shall be elected for two years and one for four years. At the annual election preceding the expiration of the term of office of the mayor or any commissioner, a successor shall be elected for a term not to exceed five years as determined by ordinance.
Source: SL 1913, ch 119, § 10; RC 1919, § 6221; SDC 1939, § 45.0802; SL 1984, ch 53, § 2; SL 2014, ch 50, § 3; SL 2018, ch 49, § 2.
9-9-6. Resignation of mayor or commissioner--Office vacated for move--Filling of vacancy.
If the mayor or a commissioner resigns, the resignation shall be submitted in writing to the board.
If the mayor or a commissioner moves his or her permanent residence outside the corporate limits of the municipality, the office is immediately vacated.
If there is a vacancy in the office of mayor, the vacancy shall be filled by appointment pursuant to § 9-9-8 until the position is filled by election at the next annual municipal election or by special election as provided in § 9-13-14.2. A vacancy on the board shall be filled as provided in § 9-13-14.1 or 9-13-14.2.
Source: SL 1913, ch 119, § 16; RC 1919, § 6223; SDC 1939, § 45.0804; SL 1968, ch 181; SL 1979, ch 50, § 4; SL 1992, ch 60, § 2; SL 2005, ch 48, § 3; SL 2018, ch 49, § 5.
9-9-7. Mayor as president of board--Voting power.
The mayor shall be president of the board and shall have a vote upon all questions but shall not have the right of veto.
Source: SL 1913, ch 119, § 10; RC 1919, § 6219; SDC 1939, § 45.0801.
9-9-8. Absence or sickness of mayor--Acting president--Acting mayor.
If the mayor is unable to perform the duties of office by reason of absence or sickness, the board shall appoint by a majority vote one of its members to act as mayor. The appointed commissioner's official designation shall be acting president of the board of commissioners. The acting president is invested with all the powers and shall perform all the duties of the mayor during the mayor's absence or sickness. The acting president has only one vote as a commissioner and is not entitled to vote as acting president.
If the office of mayor is vacated, the board of commissioners shall appoint by a majority vote one of its commissioners as acting mayor. The acting mayor is invested with all the powers and shall perform all the duties of the mayor, until the election of a mayor.
The acting mayor has only one vote as a commissioner and is not entitled to vote as acting mayor.
Source: SL 1913, ch 119, § 21; RC 1919, § 6227; SDC 1939, § 45.0808; SL 1968, ch 182, § 1; SL 2018, ch 49, § 6.
9-9-9. Board control of departments.
The board controls all departments of the municipality and may make and enforce rules and regulations for the organization, management, and operation of the departments of the municipality and any agency that may be created for the administration of the board's affairs.
Source: SL 1913, ch 119, § 18; SL 1915, ch 113, § 2; RC 1919, § 6224; SDC 1939, § 45.0805; SL 1992, ch 60, § 2; SL 2018, ch 49, § 7.
9-9-10. Attendance of witnesses and production of documents--Service of process.
The board has the authority to summon and compel the attendance of witnesses and the production of books and papers if it is necessary for the effective discharge of the board's duties. Any process necessary to enforce the powers conferred by this section and § 9-9-9 shall be signed by the mayor and attested by the finance officer, and shall be served by a municipal law enforcement officer or by the sheriff of the county.
Source: SL 1913, ch 119, § 18; SL 1915, ch 113, § 2; RC 1919, § 6224; SDC 1939, § 45.0805; SL 2018, ch 49, § 8.
9-9-11. Regular meetings of board.
The board shall meet at least once each week, or as otherwise determined by ordinance, in regular meeting at a time and place as fixed by the board, to consider, take under advisement, and act on the business as may come before the board.
Source: SDC 1939, § 45.0810; SL 1999, ch 38, § 1; SL 2018, ch 49, § 9.
9-9-12. Special meetings of commissioners.
A special meeting may be called by the mayor or by any two commissioners at any time to only consider the matter mentioned in the call for the meeting. A notice of a special meeting shall be given pursuant to § 1-25-1.1 and shall be provided to each commissioner.
Source: SL 1913, ch 119, § 31; RC 1919, § 6229; SDC 1939, § 45.0810; SL 1992, ch 60, § 2; SL 2018, ch 49, § 10.
9-9-13. Board meetings open to public--Journal of proceedings.
Each meeting of the board is open to the public and the board shall keep a journal of its proceedings.
Source: SL 1913, ch 119, §§ 31, 33; RC 1919, §§ 6228, 6229; SDC 1939, § 45.0810; SL 2018, ch 49, § 11.
9-9-14. Quorum of board--Majority vote required for action.
A majority of the board constitutes a quorum to do business. If a seat on the board is vacant due to removal, resignation, death, or by operation of law, the quorum consists of the majority of the remaining commissioners who are qualified to serve by election or appointment pursuant to chapter 9-13. The board may compel the attendance of any absentee under penalties as prescribed by ordinance.
No action of the board is effective unless upon a vote of a majority of the board.
Source: SL 1913, ch 119, §§ 31, 32; RC 1919, §§ 6229, 6230; SDC 1939, § 45.0810; SL 2018, ch 49, § 12.
9-9-14.1. Rules of procedure--Attendance requirements.
The board shall determine the board's rules of procedure, and may punish the board's members for disorderly conduct. The board may, by resolution, establish requirements for attendance at regular meetings and provide for the expulsion of a member in violation of the attendance requirements.
Source: SL 2018, ch 49, § 13.
9-9-16. Voting of commissioners--Entry in journal.
The yeas and nays shall be taken upon the passage of each ordinance and for any proposal to expend or appropriate money and in any other case at the request of any commissioner. Each vote shall be entered on the journal of the board's proceedings. A two-thirds vote of the board is required to sell any municipal real property.
Source: SL 1913, ch 119, § 33; RC 1919, § 6228; SDC 1939, § 45.0809; SL 1992, ch 60, § 2; SL 2018, ch 49, § 15.
9-9-18. Designation of areas of responsibility in five-commissioner municipalities.
In a municipality governed by a board of five commissioners, the commissioners shall designate by a majority vote one commissioner to be the commissioner of public safety, one commissioner to be the commissioner of public works, one commissioner to be the commissioner of utilities, and one commissioner to be the commissioner of finance and revenue.
Source: SL 1913, ch 119, § 18; SL 1915, ch 113, § 2; RC 1919, § 6224; SDC 1939, § 45.0805; SL 1991, ch 69, § 1; SL 2018, ch 49, § 17.
9-9-19. Powers of mayor and commissioners in five-commissioner municipalities.
In any municipality governed by a board consisting of five commissioners, the mayor and the commissioners have the powers and duties described in §§ 9-9-20 to 9-9-24, inclusive. In addition, each commissioner shall supervise any other department assigned or apportioned by resolution of the governing board, adopted by a majority vote at the first meeting of the board in the month following the election year. Each commissioner is in charge of the apparatus, personnel, and personal property used by departments under that commissioner's supervision.
Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6225; SDC 1939, § 45.0806; SL 1992, ch 60, § 2; SL 2018, ch 49, § 18.
9-9-20. Mayor's area of responsibility in five-commissioner municipality.
If any municipality is governed by a board consisting of five commissioners, the mayor may exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with the laws of the state. The mayor is the chief executive officer of the municipality, presides at all meetings of the board, and has general supervision over all departments and officers. In the absence or inability of a commissioner, the mayor shall temporarily take charge of the department of that commissioner. The mayor shall enforce all the laws of the municipality and require that the conditions of the grant of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all licenses or permits, except as are required by ordinance to be granted by the board or by some other department or officer. The mayor shall supervise each public building of the municipality and each city park except in any municipality that has a park board, and the lighting of the streets, alleys, and public buildings of the municipality. The mayor shall annually and from time to time give the board information relative to the affairs of the municipality and shall recommend for the board's consideration any measure the mayor deems expedient.
Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6225; SDC 1939, § 45.0806 (1); SL 1992, ch 60, § 2; SL 2018, ch 49, § 19.
9-9-21. Commissioner of public safety in five-commissioner municipality.
If any municipality is governed by a board consisting of five commissioners, the commissioner of public safety shall supervise the police and fire departments and the departments' officers and employees. The commissioner of public safety is also in charge of animal control within the municipality, including animal impoundments and shelter.
Source: SDC 1939, § 45.0806 (2); SL 1991, ch 69, § 2; SL 2000, ch 35, § 1; SL 2018, ch 49, § 20.
9-9-22. Commissioner of public works in five-commissioner municipality.
If a municipality is governed by a board consisting of five commissioners, the commissioner of public works shall supervise the streets, alleys, public grounds, and municipal improvements, and all public property, except as otherwise specially provided. The commissioner shall maintain the property in a clean and sanitary condition and enforce all contracts, rules, and regulations necessary.
Source: SDC 1939, § 45.0806 (3); SL 1991, ch 69, § 3; SL 2000, ch 35, § 2; SL 2018, ch 49, § 21.
9-9-23. Commissioner of utilities in five-commissioner municipality.
If a municipality is governed by a board consisting of five commissioners, the commissioner of utilities shall supervise the construction, maintenance, and operation of the waterworks, sewerage, and any other utility departments of the municipality. The commissioner of utilities shall enforce all regulations with respect to that department and its revenue.
Source: SDC 1939, § 45.0806 (4); SL 1991, ch 69, § 4; SL 2000, ch 35, § 3; SL 2018, ch 49, § 22.
9-9-24. Commissioner of finance and revenue in five-commissioner municipality.
If a municipality is governed by a board consisting of five commissioners, the commissioner of finance and revenue shall enforce all laws for the assessment and collection of taxes of every kind and collection of all revenues belonging to the municipality from whatever source derived. The finance and revenue commissioner shall examine into and keep the board informed on the finances of the municipality and its assets and property.
Source: SDC 1939, § 45.0806 (5); SL 1991, ch 69, § 5; SL 2000, ch 35, § 4; SL 2018, ch 49, § 23.
9-9-25. Division of responsibilities in three-commissioner municipalities.
If a municipality is governed by a board consisting of three commissioners, the mayor and commissioners have the powers and duties described in §§ 9-9-26 and 9-9-27.
Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6226; SDC 1939, § 45.0807; SL 1992, ch 60, § 2; SL 2018, ch 49, § 24.
9-9-26. Mayor's powers and duties in three-commissioner municipality.
If a municipality is governed by a board consisting of three commissioners, the mayor shall exercise all the powers and perform all the duties provided by the laws of this state or the ordinances of the municipality not in conflict with state law. The mayor shall be the chief executive officer of the municipality, shall preside at all meetings of the board, and has general supervision over all departments and officers. In the absence or inability of a commissioner, the mayor shall temporarily take charge of the department of the commissioner. The mayor shall see that all the laws of the municipality are enforced and that the conditions of the grant of any franchise or privilege are faithfully complied with and performed. The mayor shall grant all licenses or permits, except as required by ordinance to be granted by the board or by some other department or officer.
Source: SL 1913, ch 119, § 19; SL 1915, ch 113, § 3; RC 1919, § 6226; SDC 1939, § 45.0807 (1); SL 1992, ch 60, § 2; SL 2018, ch 49, § 25.
9-9-27. Commissioners' areas of responsibility in three-commissioner municipality.
If a municipality is governed by a board consisting of three commissioners, all matters not designated to the mayor shall be assigned or apportioned as equally as may be between the commissioners by resolution of the board adopted by a majority vote at the first meeting of the board in the month following the election each year.
Source: SDC 1939, § 45.0807 (2); SL 1992, ch 60, § 2; SL 2000, ch 35, § 5; SL 2018, ch 49, § 26.
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.
9-10-1. Petition for employment of city manager--Election.
If a petition signed by fifteen percent of the registered voters of any first or second class municipality as determined by the total number of registered voters at the last preceding general election is presented requesting that an election be called to vote upon the proposition of employing a city manager, the governing body shall call an election for that purpose. Upon receipt of a valid petition, the question shall be presented at the next annual municipal election or the next general election, whichever is earlier. However, the governing body may expedite the date of the election by ordering, within ten days of receiving the petition, a special election to be held on a Tuesday not less than thirty days from the date of the order of the governing body.
The election shall be held upon the same notice and conducted in the same manner as other municipal elections. The vote upon the question of employing a city manager shall be by ballot which conforms to a ballot for statewide question except that the statement required to be printed on the ballot shall be prepared by the municipal attorney.
Source: SL 1918, ch 57, § 1; RC 1919, § 6231; SL 1935, ch 158, §§ 2, 11; SDC 1939, § 45.0901; SL 1988, ch 63, § 5; SL 1992, ch 60, § 2; SL 2006, ch 29, § 5; SL 2011, ch 42, § 1, eff. March 14, 2011.
9-10-2. Waiting period after rejection of city manager proposition by voters.
When there has been an election as provided in § 9-10-1 and when the proposition to employ a city manager has failed to receive a majority vote, such proposition shall not be again submitted for the period of one year.
Source: SL 1935, ch 158, § 2; SDC 1939, § 45.0901.
9-10-3. Employment of city manager after approval by voters.
When authorized by a majority vote of all voters voting at a special election to be called for that purpose, the governing body of any first or second class municipality shall employ a city manager and fix his compensation.
Source: SL 1917, ch 303, § 8; SL 1918, ch 57, §§ 1, 2; RC 1919, § 6236; SL 1935, ch 158, § 2; SDC 1939, § 45.0901; SL 1992, ch 60, § 2.
9-10-4. Mayor and aldermen elected in first or second class municipality under aldermanic form.
In first or second class municipalities under the aldermanic form employing a city manager, a mayor, and aldermen shall be elected as for such municipalities not employing a city manager.
Source: SL 1935, ch 158, § 6; SDC 1939, § 45.0905; SL 1992, ch 60, § 2.
9-10-5. Number, election, and terms of office of commissioners in commission-governed municipalities.
In all commission-governed municipalities employing a city manager the number of commissioners shall be nine, whose terms of office shall be three years. At the first election thereof there shall be elected nine commissioners, three to serve until the next annual election, three to serve until the second annual election thereafter, three to serve until the third annual election thereafter, and thereafter at each annual municipal election there shall be elected three commissioners for a term of three years each.
Source: SL 1918, ch 56, § 1; RC 1919, § 6233; SL 1935, ch 158, § 12; SDC 1939, § 45.0905; SL 1992, ch 60, § 2.
9-10-6. Special election of commissioners after employment of manager--Mayor--Powers of board.
Within sixty days after an election directing the employment of a manager in any commission-governed municipality, a special election shall be called and held to elect the nine commissioners. A plurality vote in the election of commissioners is sufficient to elect the commissioners.
The commissioners shall qualify as provided by law and organize by electing a commissioner to act as mayor until the first regular meeting of the board in the month following the first annual election of commissioners. At the first regular meeting in the month following the annual election, the commissioners shall elect a commissioner to act as mayor for a term of one year.
The board has the same powers conferred upon the board of commissioners in a commission-governed municipality pursuant to chapter 9-9. Except as otherwise provided in this chapter, the board shall be governed by the provisions of the law relating to a commission-governed municipality.
Source: SL 1918, ch 56, § 1; RC 1919, § 6234; SL 1935, ch 158, § 13; SDC 1939, § 45.0906; SL 1992, ch 60, § 2; SL 2008, ch 34, § 2.
9-10-7. Powers and duties of mayor.
The duties and power of the mayor of any first or second class municipality employing a city manager shall be as follows:
(1) He shall be the presiding officer of the council or commission, and in municipalities having the aldermanic form of government he shall have the powers and duties of an alderman at large;
(2) He shall be the recognized head of the municipality for service of civil process and for military and ceremonial purposes;
(3) He may take command of the police of the municipality, appoint special police, and govern the municipality by proclamation during times of public danger or emergency, and during such times he shall have such powers and authority to call for assistance, as are given to the mayor by § 9-29-17;
(4) He shall have such further authority and perform such further duties as may be prescribed by ordinance or resolution not inconsistent with the provisions of this chapter, but in no case shall he have the right of veto.
Source: SL 1935, ch 158, § 5; SDC 1939, § 45.0904; SL 1992, ch 60, § 2.
9-10-8. Regular and special meetings of governing body.
The governing body of any first or second class municipality employing a manager shall hold its regular meetings on the first Monday of each month at such hour as may be fixed by it. It may prescribe by ordinance the manner in which special meetings may be called and may also so change the date of its regular monthly meetings and so provide for regular meetings oftener than once a month.
Source: SL 1935, ch 158, § 10; SDC 1939, § 45.0907; SL 1992, ch 60, § 2.
9-10-9. Officers and employees appointed by governing body--Others appointed by city manager.
The auditor, attorney, library board of trustees, and the treasurer shall be appointed by the governing body and may be removed at any time by such governing body.
The auditor and the treasurer shall each appoint all deputies and employees in his office.
All other officers and employees, including all members of boards and commissions, except as otherwise provided by law, shall be appointed by the manager and may be removed by him.
Source: SL 1935, ch 158, § 7; SDC 1939, § 45.0908.
9-10-10. Qualifications and appointment of city manager--Residence--Restriction on appointment of former member of governing body.
The manager shall be chosen by the governing body on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of accepted practices in respect to the duties of his office. At the time of his appointment he need not be a resident of the city or state, but during his tenure of office he shall reside within the city.
No person elected to membership on the governing body shall be eligible for appointment as manager until one year has elapsed following the expiration of the term for which he was elected.
Source: SL 1935, ch 158, § 4; SDC 1939, § 45.0903.
9-10-11. Removal of city manager--Resolution of intent--Public hearing--Pay.
The governing body shall appoint the city manager for an indefinite term but may suspend the manager by resolution of intent to remove the manager approved by a majority vote of the members of the governing body. The resolution of intent to remove the manager must set forth the reasons for the suspension and proposed removal, and a copy of the resolution must be served immediately upon the manager. The manager may reply in writing to the resolution and may request a public hearing within fifteen days of being served the resolution. If a public hearing is requested by the manager, the governing body must set a time for the public hearing upon the question of the manager's removal, and the final resolution removing the manager may not be adopted until the public hearing has occurred.
The manager's pay must continue until the manager's removal is effective as provided by this section. The action of the governing body in removing the manager is final.
Source: SL 1917, ch 303, § 9; SL 1918, ch 57; RC 1919, § 6236; SL 1935, ch 158, § 4; SDC 1939, § 45.0903; SL 2024, ch 30, § 1.
9-10-12. Absence, disability, or suspension of city manager.
In case of the absence or disability of the manager or in case of his suspension as provided in § 9-10-11, the governing body may designate a qualified administrative officer of the first or second class municipality to perform the duties of the manager during such absence, disability, or suspension.
Source: SL 1917, ch 303, § 9; RC 1919, § 6237; SL 1935, ch 158, § 4; SDC 1939, § 45.0903; SL 1992, ch 60, § 2.
9-10-13. Responsibility of city manager--Power to appoint and remove officers and employees.
The manager shall be responsible to the governing body for the proper administration of all affairs of the first or second class municipality placed in his charge. To that end, except as otherwise provided by law, he shall have power to appoint and remove all officers and employees in the administrative service of the municipality and may authorize the head of any department or office responsible to him to appoint and remove subordinates in such department or office. Appointments made by or under the authority of the manager shall be made without definite term on the basis of executive and administrative ability and of the training and experience of such appointees in the work which they are to perform.
Source: SL 1935, ch 158, § 3; SDC 1939, § 45.0902; SL 1992, ch 60, § 2.
9-10-14. Bond required of city manager and officers.
The manager and every officer of the first or second class municipality, whether appointed by the manager or the governing body, shall furnish a bond to the municipality in such form and in such amount as may be required by the governing body. Such bond shall be approved by the governing body and be filed with the auditor.
Source: SL 1917, ch 303, § 9; RC 1919, § 6238; SL 1935, ch 158, § 14; SDC 1939, § 45.0910; SL 1992, ch 60, § 2.
9-10-15. General powers of city manager.
The manager shall have the following further powers and duties:
(1) He shall see that the laws and ordinances are enforced;
(2) He shall supervise the administration of the affairs of the first or second class municipality;
(3) He shall make such recommendations to the governing body concerning the affairs of the first or second class municipality as may seem to him desirable;
(4) He shall keep the governing body advised of the financial condition and future needs of the first or second class municipality;
(5) He shall prepare and submit to the governing body an annual budget not later than August first of each year;
(6) He shall see that all terms and conditions imposed in favor of the first or second class municipality or its inhabitants in any contract or franchise to which the municipality is a party are faithfully kept and performed;
(7) Except when the governing body may be considering his removal the manager shall be entitled to be present at all meetings of such governing body and its committees, and to take part in their discussions;
(8) He shall sign all warrants for the payment of money, and the same shall be countersigned by the auditor, but no warrant shall be issued until the claim therefor has been approved by the governing body, except as may be otherwise provided by ordinance or resolution;
(9) He shall have the right to prepare and introduce ordinances and resolutions and take part in the discussions on all matters coming before the governing body, but shall have no vote;
(10) The manager shall have such further powers and duties as may be prescribed by ordinance or resolution.
No contract of the manager for the payment of money in excess of two hundred dollars, except for current necessities, shall be binding upon the first or second class municipality unless the payment shall be approved by the governing body.
Source: SL 1935, ch 158, § 3; SDC 1939, § 45.0902; SL 1992, ch 60, § 2.
9-10-16. Governing body to work through city manager--Violation as misdemeanor--Removal from office.
Except for the purpose of inquiry the governing body and its members shall deal with the administrative service solely through the manager, and it is a Class 2 misdemeanor for any member of the governing body to give orders to any subordinate of the manager. Upon conviction of a violation of this section, the court in which such conviction is had may in its discretion enter an order removing the member of the governing body so convicted from his office.
Source: SL 1935, ch 158, § 7; SDC 1939, §§ 45.0908, 45.9902; SL 1981, ch 43, § 14.
9-10-17. Solicitation of votes by city manager or appointee as misdemeanor.
It is a Class 2 misdemeanor for the manager, or an officer or employee appointed by him, to solicit any person to vote for or against any candidate for alderman or commissioner of the first or second class municipality by which he is employed at any municipal election.
Source: SL 1917, ch 303, § 11; RC 1919, § 6241; SL 1935, ch 158, § 16; SDC 1939, § 45.0912; SL 1981, ch 43, § 15; SL 1992, ch 60, § 2.
9-10-18. Inconsistent statutes inapplicable.
Provisions of the statutes governing first or second class municipalities inconsistent with this chapter shall be inapplicable to municipalities employing a city manager.
Source: SL 1935, ch 158, § 6; SDC 1939, § 45.0905; SL 1992, ch 60, § 2.
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.
9-11-4. Repealed.
Source: SDC 1939, § 45.0506; SL 1992, ch 60, § 2; SL 2000, ch 34, § 10; SL 2024, ch 28, § 69.
9-11-5. City voters authorized to change form of government.
The voters of any municipality may change its form of government or change the number of its commissioners, wards, or trustees by a majority vote of all electors voting at an election called and held as provided. Any municipality under special charter may adopt any form of government as provided in this title.
Source: SDC 1939, § 45.0501; SL 1957, ch 243; SL 1992, ch 60, § 2; SL 2000, ch 34, § 3.
9-11-6. Petition to change government form--Election.
If a petition signed by fifteen percent of the registered voters of any municipality, as determined by the total number of registered voters at the last preceding general election, is presented to the governing body, requesting that an election be called for the purpose of voting upon a question of change of form of government or upon a question of the number of wards, commissioners, or trustees, the governing body must call an election that must be held within fifty days from the date of the filing of the petition with the municipal finance officer. At that election, the question of the change of form of government or the number of wards, commissioners, or trustees, or both, must be submitted to the voters. No petition is valid if filed more than six months after the circulation start date declared on the petition forms. If the petition is filed on or after January first prior to the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question may be submitted at that annual municipal election.
The election must be held upon the same notice and conducted in the same manner as other municipal elections.
Source: SDC 1939, § 45.0502; SL 1978, ch 60, § 1; SL 1979, ch 48, § 3; SL 1983, ch 52, § 3; SL 1983, ch 53, § 4; SL 1984, ch 54; SL 1988, ch 63, § 6; SL 1992, ch 60, § 2; SL 2000, ch 34, § 4; SL 2022, ch 22, § 1; SL 2024, ch 28, § 33.
9-11-7. Ballot form.
Both the question of form of government and the number of wards, trustees, or commissioners may be submitted upon one ballot, when both questions are to be voted upon.
The vote upon the questions must be by ballot in the form and be cast in the manner provided by chapter 9-13.
Source: SL 1913, ch 119, § 4; RC 1919, § 6193; SDC 1939, § 45.0503; SL 2024, ch 28, § 34.
9-11-8. Waiting period after election on form of city government.
The question of changing the form of government may not be voted upon again within one year after the election held pursuant to § 9-11-6.
Source: RPolC 1903, § 1170; SL 1913, ch 119, § 2; SL 1913, ch 125, § 1; RC 1919, § 6191; SL 1921, ch 299, § 1; SDC 1939, § 45.0501; SL 1957, ch 243; SL 2008, ch 34, § 3.
9-11-9. First election after change in form of municipal government.
If an election changes the form of government or number of commissioners, wards, or trustees is approved, at the next annual municipal election or at a special election called by the governing board and held pursuant to § 9-13-14, officers shall be chosen under the changed form of government.
Source: SDC 1939, § 45.0504; SL 2000, ch 34, § 5.
9-11-10. Continuation in force of ordinances, contracts, rights and liabilities after change in form.
Any ordinance, resolution, contract, obligation, right, or liability of the municipality shall continue in force and effect the same as though no change of government has occurred.
Source: SDC 1939, § 45.0505; SL 1992, ch 60, § 2; SL 2000, ch 34, § 6.
9-11-11. Form of municipal government.
Each first or second class municipality must be governed by a mayor and common council, a mayor and a common council with a city manager, a board of commissioners, or a board of commissioners with a city manager. Each third class municipality must be governed by a board of trustees.
The present form of government of existing municipalities must continue until changed as provided by this title.
Source: SL 2024, ch 28, § 35.
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.
9-12-1. General corporate powers--Municipal property.
Every municipality shall have power:
(1) To sue and be sued and to contract in its corporate name;
(2) To acquire by lease, purchase, gift, condemnation, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights of way within or without the corporate limits for all purposes authorized by law or necessary to the exercise of any power granted;
(3) To provide that supplies needed for the use of the municipality shall be furnished by contract let to the lowest responsible bidder, except as otherwise provided by law;
(4) To construct, operate, and maintain an auditorium and all public buildings necessary for the use of the municipality;
(5) To insure the public property of the municipality;
(6) To convey, sell, give, dispose of, or lease both the personal and real property of the municipality as provided by this title;
(7) To perform all administrative and financial functions for all purposes authorized by law or necessary to the exercise of any power granted.
Source: SDC 1939, § 45.0201 (12)-(15), (17), (18); SL 2002, ch 33, § 3; SL 2014, ch 49, § 1.
9-12-2. Fiscal powers of municipalities.
Every municipality may:
(1) Control its finances and property;
(2) Levy and collect taxes for general and special purposes on real property within the limits allowed by law;
(3) Appropriate money for authorized purposes and provide for the payment of the debts and expenses of the municipality.
Source: Subd. (1): SL 1890, ch 37, art V, § 1; RPolC 1903, § 1229, subdiv 1; SL 1913, ch 119, § 53, subdiv 1; RC 1919, § 6169 (1); SDC 1939, § 45.0201 (1); SL 1992, ch 80, § 3. Subd. (2): SL 1890, ch 37, art V, § 3; RPolC 1903, § 1229, subdiv 3; RPolC 1903, § 1438, subdiv 16; SL 1913, ch 119, § 53, subdiv 3; RC 1919, § 6169 (2); SDC 1939, § 45.0201 (2); SL 1992, ch 80, § 3. Subd. (3): SL 1890, ch 37, art V, § 2; RPolC 1903, § 1229, subdiv 2; SL 1913, ch 119, § 53, subdiv 2; SL 1915, ch 118; RC 1919, § 6169 (4); SDC 1939, § 45.0201 (3); SL 1992, ch 80, § 3.
9-12-3. Expenses of officers and employees in attending meetings.
Every municipality may appropriate funds to pay the necessary expenses of its officers or employees in conducting such business or attending such meetings within or without the state as the governing body shall determine necessary to carry out its authorized municipal activities.
Source: SL 1957, ch 257; SDC Supp 1960, § 45.0201-1 (19).
9-12-3.1. Compensation of board and commission members not already compensated.
The municipal governing body may, by ordinance, authorize the appropriation of funds to provide compensation to members of municipal boards and commissions not already compensated.
Source: SL 1986, ch 66.
9-12-4. Agreements with state and United States to carry out municipal functions.
Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision or unit of government, federal or state, to carry out any authorized municipal function.
Source: SL 1964, ch 145.
9-12-5. Lease or transfer of municipal property to state agency for public purposes.
Every municipality shall have power to lease or sell or give and convey any personal or real property of the municipality or perform any work or render any services, to the state or any public corporation thereof, to be used by such grantee for an authorized public purpose; such lease or sale or gift and conveyance, or the performance of such work, to be authorized, made, or done on the terms and in the manner provided by resolution of the governing body.
Source: SL 1949, ch 179, § 1; SL 1957, ch 242; SDC Supp 1960, § 45.0201 (107).
9-12-5.1. Lease of municipally-owned property--Term and conditions.
Every municipality may lease its municipally-owned property. Any such lease shall be for a term and upon the conditions provided by resolution of the governing body.
Source: SL 1980, ch 61, § 1.
9-12-5.2. Lease to private person--Resolution of intent--Notice and hearing--Authorization.
If the governing body decides to lease any municipally owned property to any private person for a term exceeding one hundred twenty days and for an amount exceeding five hundred dollars annual value it shall adopt a resolution of intent to enter into such lease and fix a time and place for public hearing on the adoption of the resolution. Notice of the hearing shall be published in the official newspaper once, at least ten days prior to the hearing. Following the hearing the governing body may proceed to authorize the lease upon the terms and conditions it determines.
Source: SL 1980, ch 61, § 2; SL 1981, ch 65.
9-12-6. Designation of official newspapers.
Each municipality shall designate at a meeting of its governing body an official newspaper or newspapers for a period of time, not to be less than twelve months, specified by the governing body in a resolution. The newspaper shall be published in the municipality. However, if there is no newspaper published in the municipality, then a newspaper published outside of the municipality may be used if the newspaper serves the municipality.
Source: SL 1913, ch 119, § 34; RC 1919, § 6169 (83); SL 1921, ch 309; SDC 1939, § 45.0201 (22); SL 1964, ch 137; SL 1985, ch 57, § 1; SL 2013, ch 36, § 1.
9-12-7. Liability insurance and agreements for protection of municipality, officers and employees.
Any municipality may obtain and pay for all forms of liability insurance, or in lieu thereof, make other arrangements, including entering into agreements with others, which agreements may create separate legal or administrative entities pursuant to chapter 1-24, to protect and assist the municipality in meeting obligations arising from such acts or omissions for which the municipality may be legally liable. The liability insurance coverage obtained or other arrangement shall protect the municipal officers and employees in the performance of official duties and against acts committed by them that could be reasonably considered to be within the scope of their official duties.
Source: SL 1959, ch 276; SDC Supp 1960, § 45.0201-1 (20); SL 1978, ch 50, § 2; SL 1987, ch 75, § 1.
9-12-9. Municipal appropriations for observance of holidays.
Every municipality shall have power to appropriate funds for the proper observance of Memorial Day and Veterans' Day.
Source: SL 1907, ch 187; RC 1919, § 6169 (80); SL 1923, ch 233; SDC 1939, § 45.0201 (11).
9-12-10. City census.
Every first or second class municipality shall have power to provide for the taking of the census of the municipality not oftener than once in three years.
Source: SL 1890, ch 37, art V, § 69; RPolC 1903, § 1229, subdiv 69; SL 1913, ch 119, § 53, subdiv 69; RC 1919, § 6170 (14); SDC 1939, § 45.0202 (6); SL 1992, ch 60, § 2.
9-12-11. Promotion of municipality--Appropriation and expenditure of funds--Records.
A municipality may appropriate money from its general fund to promote itself. If there are commercial clubs, chambers of commerce, or industrial development corporations organized and incorporated as nonprofit corporations under the laws of the State of South Dakota for the purpose of promoting the municipality, the appropriations or any part thereof may be paid to such organizations for expenses incurred for promoting the municipality. Payments to these organizations shall be based on programs previously submitted to the governing board by them and they shall be required to maintain complete records on all their activities and shall provide a certified audit of those records to the governing board of the municipality at the close of each fiscal period. In lieu of a certified audit, the governing board may accept a financial statement. For purposes of this section, promotion includes, but is not limited to, any costs incidental to the hosting of events held within the municipality.
Source: SL 1911, ch 244, §§ 1, 2; SL 1913, ch 124; RC 1919, § 6170 (15); SDC 1939, § 45.0202 (13); SL 1971, ch 55; SL 1978, ch 62, § 3; SL 1989, ch 73; SL 2014, ch 49, § 2.
9-12-12. Employment of welfare workers.
In addition to other powers granted, every municipality of the first class shall have power to employ one or more persons to act as welfare workers in the distribution of funds derived from any source to needy poor.
Source: SL 1933, ch 154; SDC 1939, § 45.0203 (1).
9-12-13. Power to adopt zoning ordinance.
Every municipality shall have power to adopt a zoning ordinance as provided by Title 11.
Source: SL 1927, ch 176, § 1; SDC 1939, § 45.0201 (101).
9-12-14. Power to support airports and landing fields.
Every municipality may exercise the powers as to airports and landing fields for aircraft as provided in Title 50.
Source: SL 1929, ch 71, § 1; SL 1931, ch 86, § 1; SDC 1939, § 45.0201 (102).
9-12-14.1. Municipality authorized to provide funds for air carrier air service.
A municipality may pay compensation to a regularly scheduled commercial air carrier to provide basic or enhanced air service as provided in the Airport and Airway Safety and Capacity Expansion Act of 1987 and may provide compensation to a regularly scheduled air carrier under contract with the South Dakota Airline Authority. Funds provided by a municipality to pay compensation for such air service shall be budgeted pursuant to chapter 9-21.
Source: SL 1988, ch 376, § 3; SL 1990, ch 377, § 2.
9-12-15. Power to maintain library.
Every municipality shall have power to establish and maintain a municipal library, in the manner and subject to the conditions provided in chapter 14-2.
Source: SDC 1939, § 45.0201 (104); SL 1976, ch 143, § 26.
9-12-16. Option to adopt campaign finance law.
The municipal governing body may adopt an ordinance to make the provisions of chapter 12-27 applicable to municipal elections.
Source: SL 1980, ch 62, § 1; SL 2008, ch 67, § 21.
9-12-17. Power to adopt ordinances to protect groundwater--Scope and purpose--Agreements to implement and enforce wellhead protection program.
A municipality may adopt ordinances for the purpose of protecting public groundwater supplies from pollution. The ordinances shall be consistent with the wellhead protection program guidelines developed by the department pursuant to § 34A-3A-17, and may include ordinances to establish wellhead protection areas; to zone for the purpose of protecting such areas from pollution; to monitor and regulate activities and sources of potential or actual pollution within the areas; and to provide for the containment and cleanup of pollution or other remedial action within the areas. A municipality may enter into agreements with the state and with other political subdivisions to implement and enforce a wellhead protection program.
Source: SL 1989, ch 306, § 43.
9-12-18. Power to maintain abandoned cemetery--Cemetery board--Funds.
The governing body of any municipality may regulate and maintain in a reasonable manner any abandoned cemetery, which regulation and maintenance may include, but need not be limited to, the mowing and cutting of weeds and grass, the repairing of fences and corrective measures relative to grave markers. The governing body may appoint a cemetery board of directors to manage such abandoned cemeteries. The cemetery board shall have the same powers as nonprofit corporations as provided in § 47-22-55 and shall submit annual reports to the governing body on its activities. Funds necessary to carry out the provisions of this section may be appropriated from the municipal general fund.
Source: SL 1990, ch 59.
9-12-19. Inspection fee for government-owned property.
The governing body of a municipality governed by a home rule charter may not impose any permit or inspection fee, beyond the actual cost of the inspection, on any property which is owned by a unit of government unless a higher fee is established through a joint powers agreement entered into pursuant to chapter 1-24.
Source: SL 1995, ch 43.
9-12-20. Municipality holding required license authorized to serve food, prepared food, and beverages.
Any municipality holding a license pursuant to Title 35 may serve or provide for the service of food, prepared food, and beverages at any establishment operating under such license.
Source: SL 2005, ch 49, § 1.
9-12-21. Rebate of municipal property taxes to further industry development goals.
Any second- or third-class municipality may rebate the municipal property taxes paid by any industry that furthers the municipality's industrial development goals. Any such municipality shall, by ordinance, develop a program that provides for the type of industry that qualifies for the rebate, the length of time the rebate may apply, and the criteria the industry shall meet in order to qualify for the rebate.
Source: SL 2021, ch 39, § 1.
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.
9-13-1. Date of annual municipal election--Hours of voting.
In each municipality an annual election for the election of officers shall be held on the second Tuesday of April of each year, at a place in each ward of the municipality as the governing body shall designate. If the governing body of the municipality chooses a different election day as provided in this chapter, the governing body shall establish such election day by January fourteenth of the election year. The polls at the election shall be kept open continuously from seven a.m. until seven p.m.
Source: SDC 1939, § 45.1301; SL 1941, ch 196; SL 1955, ch 203; SL 1961, ch 249; SL 1971, ch 56, § 1; SL 1977, ch 68, § 1; SL 1999, ch 39, § 1; SL 2002, ch 45, § 1; SL 2009, ch 69, § 8.
9-13-1.1. Joint municipal and school district elections authorized--Date--Sharing costs and responsibilities.
Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may choose to hold a general municipal election in conjunction with a regular school district election. The combined election is subject to approval by the governing body of the school district. The combined election shall be held on the regular date set for either the general municipal election or the school district election and all dates associated with either election pursuant to chapters 9-13 and 13-7 shall be adjusted accordingly. Expenses of a combined election shall be shared in a manner agreed upon by the governing bodies of the municipality and the school district. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and 13-7 shall be shared as agreed upon by the governing bodies.
Source: SL 1981, ch 66, § 1.
9-13-1.2. Dates associated with joint election.
If the joint election provided for in §§ 9-13-1.1 and 13-7-10.1 is scheduled for a date other than the second Tuesday in April, all dates associated with the election are those provided in chapter 13-7.
Source: SL 1985, ch 119, § 11; SL 1986, ch 67, § 1; SL 2004, ch 75, § 1.
9-13-4.1. Registration and residence required to vote in municipal election--Residence defined--Challenge--Contest of election.
No person may vote at any municipal election unless the person is registered to vote pursuant to chapter 12-4 and resides in the municipality at the time of the election. For the purposes of this section, a person resides in the municipality if the person actually lives in the municipality for at least thirty days each year, is a full-time postsecondary education student who resided in the municipality immediately prior to leaving for the postsecondary education, or is on active duty as a member of the armed forces whose home of record is within the municipality. A voter's qualification as a resident may be challenged in the manner provided in § 12-18-10. No election may be contested on the grounds that any nonresident was allowed to vote if the nonresident was not challenged in the manner provided in § 12-18-10.
Source: SL 1998, ch 45, § 1; SL 2001, ch 43, § 1; SL 2002, ch 46, § 1.
9-13-5. Election not held in absence of contest--Certificate of election issued to unopposed candidates.
No election shall be held in any municipality, or ward thereof, wherein there is no question to be submitted to the voters or wherein there are no opposing candidates for any office; in case there are no opposing candidates the auditor or clerk shall issue certificates of election to the nominees, if any, in the same manner as to successful candidates after election.
Source: RC 1919, § 6315; SL 1931, ch 186; SDC 1939, § 45.1301; SL 1941, ch 196; SL 1955, ch 203; SL 1961, ch 249.
9-13-6. Publication of notice of vacancies--Times.
The finance officer of the municipality shall have a notice published in the official newspaper of the municipality 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 between the fifteenth day of January and the thirtieth day of January .
Source: SL 1949, ch 203; SDC Supp 1960, § 45.1301-1; SL 1977, ch 68, § 2; SL 1986, ch 67, § 2; SL 2004, ch 75, § 2.
9-13-6.1. Individual contests authorized when more than one seat vacant.
If more than one commissioner or alderman is to be elected for a like term, the governing body before October first in the year preceding the election may approve an ordinance designating that candidates shall run for a specific position such as "A" and "B" with each position representing one of the incumbent seats.
Source: SL 1996, ch 59.
9-13-7. Municipal office--Nominating petition--Contents.
No candidate for elective municipal office may be nominated unless a nominating petition is filed with the finance officer no later than five p.m. on the last Friday in February preceding the day of election. The petition shall be considered filed if it is mailed by registered mail by five p.m. on the last Friday in February before the election. The petition shall contain the name, residence address, and mailing address of the candidate and the office for which the candidate is nominated and shall be on the form prescribed by the State Board of Elections. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. The finance officer may only accept nominating petitions that are on the prescribed form and were circulated and submitted pursuant to the provisions in chapters 9-13 and 12-6. Upon verification signed by the municipal finance officer or clerk that the nominating petition contains the minimum number of signatures of registered voters within either the municipality or ward, or both, and that the candidate is a registered voter within either the municipality or ward, or both, the filing of the petition constitutes nomination.
Source: RPolC 1903, § 1902; SL 1915, ch 115, § 4; SL 1915, ch 258, § 4; RC 1919, § 6318; SDC 1939, § 45.1307; SL 1939, ch 186; SL 1985, ch 58, § 1; SL 1986, ch 67, § 3; SL 1992, ch 110, § 4; SL 2004, ch 75, § 3; SL 2015, ch 77, § 15 rejected Nov. 8, 2016; SL 2020, ch 26, § 1.
9-13-7.1. Withdrawal or death of candidate--Procedure.
Any person who has filed a nominating petition pursuant to § 9-13-7 may withdraw from the nomination by a written request, signed by the person and properly acknowledged and filed with the finance officer of the municipality. The name of a withdrawn or deceased candidate may not be printed on the ballot if the candidate withdraws or dies no later than five p.m. on the deadline day for filing nominating petitions. If the withdrawal or death of a candidate occurs at any time prior to five p.m. on the deadline day for filing nominating petitions results in there being no contest on the ballot, that ballot need not be voted. In addition, if that contest constitutes the only ballot to be voted upon, then the election shall be canceled by the official in charge of the election and the unopposed candidate shall be issued a certificate of election.
Source: SL 1980, ch 63; SL 1986, ch 67, § 4; SL 1996, ch 60, § 2; SL 2010, ch 41, § 1.
9-13-9. Number of signers required for nominating petitions in first, second, and third class municipalities--Time for circulating petitions.
In municipalities of the first and second class, if the candidate is to be voted for by the voters at large, a nominating petition shall be signed by five percent of the registered voters of the municipality based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.
If the candidate is to be voted for by the voters of a ward of a municipality of the first or second class having more than one ward, a nominating petition shall be signed by five percent of the registered voters of the ward based on the number of registered voters recorded by the county auditor on the second Tuesday in January of the year of the election. No petition need be signed by more than fifty voters.
In municipalities of the third class, if the candidate is to be voted for by the voters at large, the nominating petition shall be signed by not less than three registered voters of the municipality. If the candidate is to be voted for by the voters of a ward of a municipality having more than one ward, the nominating petition shall be signed by not less than three registered voters of the ward. A petition signer in a municipality of the third class is not restricted in the number of petitions which the person may sign.
No nominating petition may be circulated until on or after the last Friday in January before the election.
Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6320; SDC 1939, § 45.1309; SL 1973, ch 49; SL 1978, ch 60, § 2; SL 1980, ch 64, § 1; SL 1981, ch 67; SL 1983, ch 52, § 4; SL 1986, ch 67, § 5; SL 1987, ch 76, § 1; SL 1988, ch 63, § 7; SL 1992, ch 60, § 2; SL 2004, ch 75, § 4; SL 2017, ch 57, § 1.
9-13-11. Residence mailing address and date added to signature--Form and verification of petition.
Each voter signing a nominating petition or the person circulating such petition shall add to the voter's signature the voter's residence mailing address and the date of signing. The petition may be composed of several sheets, which shall have identical headings and shall be verified under oath by the persons circulating it, attesting the legality of the signatures thereon.
Source: SL 1913, ch 119, § 106; SL 1915, ch 115, § 4; RC 1919, § 6322; SDC 1939, § 45.1311; SL 1973, ch 50; SL 1978, ch 60, § 4; SL 1980, ch 64, § 2; SL 1985, ch 58, § 2; SL 1990, ch 104, § 3.
9-13-13. Notice of municipal election--Publication or posting.
A notice of each municipal election shall be published once each week for two successive weeks, the first publication may not be less than ten days prior to the election. A facsimile of the official ballot shall be published in the calendar week prior to each election. The notice and ballot shall be published in the official newspaper or newspapers of the municipality as designated in § 9-12-6.
If no newspaper is published in the municipality, the notice shall also be posted in three of the most public places in the municipality.
Source: SDC 1939, § 45.1302; SL 1945, ch 201; SL 1977, ch 68, § 3; SL 1985, ch 59, § 1; SL 2002, ch 45, § 2; SL 2003, ch 43, § 1.
9-13-14. Special elections governed by general provisions--Questions to be stated in notice.
Every special election authorized by law, except as provided in §§ 6-8B-4 and 9-13-14.2, shall be held upon the same notice, at the same polling places, be conducted, returned, and canvassed, and the result declared as provided herein for the annual municipal election.
The notice of such special election shall state any question or questions to be voted upon.
Source: SL 1890, ch 37, art XIV, § 9; SL 1897, ch 61, § 1; RPolC 1903, §§ 1292, 1437; SL 1913, ch 119, § 111; RC 1919, § 6331; SDC 1939, § 45.1304; SL 1984, ch 43, § 67A; SL 2005, ch 48, § 4.
9-13-14.1. Filling of vacancy on municipal governing body--Appointment or special election.
If a vacancy exists on a municipal governing body, the remaining members shall appoint a replacement to serve until the next annual municipal election, or the vacancy may be filled by special election for the remainder of the unexpired term as provided in § 9-13-14.2. In the aldermanic form of municipal government, the appointment shall be a person from the same ward of the municipality. If electing a person to fill the remainder of the unexpired term at an annual municipal election, the vacancy shall have occurred prior to the publication required by § 9-13-6.
Source: PolC 1877, ch 24, § 18; CL 1887, § 1039; SL 1890, ch 37, art IV, §§ 6, 7; RPolC 1903, §§ 1203, 1204, 1434; RC 1919, §§ 6198, 6210; SL 1931, ch 200, § 2; SDC 1939, §§ 45.0603, 45.0704; SDCL §§ 9-7-4, 9-8-6; SL 1979, ch 50, § 2; SL 1992, ch 60, § 2; SL 2005, ch 48, § 5; SL 2006, ch 28, § 1; SL 2010, ch 74, § 5.
9-13-14.2. Special election to fill vacancy on governing body or in office of mayor--Procedures.
The governing body of any municipality may, by ordinance enacted prior to the vacancy, require that any vacancy on the governing body or in the office of the mayor is to be filled by a special election called for that purpose to be conducted as provided in § 9-13-14 and this section. No special election may be held less than ninety days before the annual municipal election. The finance officer of the municipality shall publish a notice in the official newspaper of the municipality stating that a vacancy exists, that the vacancy will be filled by special election, the date of the election, and the time and place where nominating petitions may be filed for the office. The notice shall be published once each week for two consecutive weeks beginning at least sixty days before the date of the special election. Nominating petitions for the vacancy shall be prepared and filed as provided in § 9-13-7, may not be circulated more than sixty days before the date of the special election, and shall be filed at least thirty days before the date of the special election. The number of signers required for a nominating petition shall be calculated as provided in § 9-13-9. If a nominating petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. A notice of the special election shall be published as provided in §§ 9-13-13 and 9-13-14.
Source: SL 2005, ch 48, § 6; SL 2010, ch 74, § 6; SL 2019, ch 53, § 3.
9-13-14.3. Elected official to hold office until vacancy filled.
If for any reason a municipality fails to elect any person to succeed an elected official whose term has expired or an elected official fails to file a nominating petition or qualify, the office is deemed vacant. The elected official whose term has expired shall continue to act in an official capacity until the vacancy is filled by election or appointment pursuant to § 9-13-14.1 or 9-13-14.2.
Source: SL 2014, ch 50, § 1.
9-13-16. Election precincts--Division and consolidation of wards into precincts--Application to state and county elections.
Except as otherwise provided each ward shall constitute an election precinct. Whenever the number of legal voters in any ward shall exceed five hundred, the governing body may divide such ward into two or more precincts by ordinance. Whenever the number of legal voters in any two or more contiguous wards shall not exceed three hundred fifty as determined by the last annual election, the governing body may consolidate by ordinance such two or more wards into one precinct for voting purposes. Such ordinances shall be passed and take effect before the time of giving notice of election. Except as provided in §§ 12-14-1 to 12-14-4, inclusive, such wards and precincts shall be election precincts for all state and county elections.
Source: SL 1890, ch 37, art XIV, § 2; RPolC 1903, § 1285; SL 1915, ch 115, § 2; RC 1919, § 6325; SL 1919, ch 186, § 1; SL 1923, ch 180; SL 1933, ch 103, § 3; SL 1935, ch 110, § 3; SDC 1939, § 45.1319; SL 1941, ch 198; SL 1945, ch 202.
9-13-16.1. Precinct election boards.
Each voting precinct shall be presided over by an election board consisting of a minimum of two precinct deputies and one precinct superintendent appointed by the governing body. Any vacancy on the election board that arises between the time of appointment and the day of the election may be appointed by the person in charge of the election. Each precinct superintendent and precinct deputy shall receive compensation which shall be fixed by the governing body.
Source: SL 1985, ch 111, § 2; SL 1999, ch 69, § 1; SL 2015, ch 59, § 1.
9-13-16.2. Terms of and representation by members of governing body following redistricting.
Notwithstanding the redistricting provided in § 9-13-16, the term of office of any member of the governing body whose term of office extends beyond the next annual election is not affected, and the governing body, as part of the redistricting process, shall designate the wards to be represented by such members. Such council members may or may not be residents of the district they are designated to represent. Each ward for which representation is not provided by such designation shall, at the next ensuing annual election, elect a council member, the term of office to be determined as provided in § 9-8-4.
Source: SL 2012, ch 55, § 1.
9-13-21. Ballots--Preparation--Availability--Form--Candidate names.
The finance officer shall prepare and furnish, at the expense of the municipality, all official ballots. The quantity of ballots provided shall be at least ten percent more than the number of voters at the last comparable election. The ballots shall be prescribed by the State Board of Elections, of good quality of print paper, printed in black ink, and in the English language only.
The ballots for municipal elections shall be available for absentee voting no later than fifteen days prior to election day. If the ballots are for a runoff election, the ballots shall be available no later than seven days prior to the runoff election day. Absentee voting shall be conducted pursuant chapter 12-19.
The names of the candidates for each office to be voted for in the precinct shall be arranged without any other designation than that of the office for which they are candidates. If more than one member of the governing body is to be elected, the ballot shall contain instructions as to how many candidates for the governing body are to be voted for. The finance officer shall determine, by lot, each candidate's position on the ballot. Each candidate may be present or represented when the position on the ballot is being determined.
No candidate's name may be printed upon the official ballot unless the candidate has been nominated as provided in this chapter.
Source: SDC 1939, § 45.1321; SL 2001, ch 44, § 1; SL 2004, ch 75, § 5; SL 2008, ch 34, § 4; SL 2012, ch 85, § 3; SL 2016, ch 43, § 3; SL 2021, ch 40, § 1.
9-13-24. Return and canvass of votes.
The election returns shall be reported as soon as possible to the finance officer, and within seven days of the election, the governing body shall canvass the election returns, declare the result, and enter the result on its journal.
Source: SL 1890, ch 37, art XIV, § 5; RPolC 1903, §§ 1288, 1289; SL 1913, ch 119, §§ 105, 108; RC 1919, § 6326; SDC 1939, § 45.1320; SL 1953, ch 256; SL 1988, ch 75.
9-13-25. Election result--Highest vote total--Runoff by ordinance.
In any municipality, the person having the highest number of votes for any office shall be declared elected. However, the governing board of any municipality may, on or before the first of October in the year preceding, approve an ordinance requiring a runoff election to be conducted pursuant to §§ 9-13-26.1 and 9-13-27.1.
Source: RPolC 1903, § 1290; RC 1919, § 6329; SDC 1939, § 45.1323; SL 1963, ch 279, § 2; SL 1992, ch 60, § 2; SL 1993, ch 70, § 1; SL 2009, ch 33, § 1; SL 2010, ch 74, § 7; SL 2021, ch 40, § 2.
9-13-26.1. Runoff election when no candidate receives a majority of votes--Conduct of election.
If a municipality has passed an ordinance requiring a runoff election, and no candidate in a race involving three or more candidates receives a majority of the votes cast in the race, a runoff election shall be held three weeks from the date of the first election. At the runoff election, the only persons voted for shall be the two candidates receiving the highest number of votes at the first election. However, if there is a tie for second place in the first election and there is no tie for first place, all tying second place candidates shall be placed along with the first place candidate on the ballot for the runoff election. The runoff election shall be held at the same polling places and shall be conducted, returned, and canvassed in the same manner as the first election. The result shall be declared and entered in the minutes of the municipality in the same manner as the first election. The person receiving the highest number of votes at the runoff election is elected.
Source: SL 2010, ch 74, § 8; SL 2017, ch 69, § 6.
9-13-27.1. Runoff election--Notice.
The finance officer shall have a notice of election published once during the week next preceding any runoff election. The notice shall include a list of all persons appearing on the ballot for the election. A facsimile of the official ballot need not be published for runoff elections.
Source: SL 1977, ch 68, § 6; SL 1985, ch 59, § 2; SL 2021, ch 40, § 3.
9-13-27.2. Tie vote--Recount--Determination by lot.
If a tie vote exists after a canvass of original official returns, the governing body making the canvass shall certify the vote to the finance officer. The finance officer shall then notify the candidates that if no request for recount is made in writing to the finance officer within five days after the certification, the winner shall be determined by drawing of lots. If no recount request is made or a tie vote between candidates is found to exist on the basis of the recount, the finance officer shall fix a time and place for the drawing of lots, giving reasonable notice of the time and place to each of the tied candidates. The drawing of lots shall be in the manner directed by the finance officer and the certificate of election shall be issued to the candidate winning in the drawing.
Source: SL 1983, ch 55; SL 1995, ch 44, § 1.
9-13-27.3. Request for recount--Recount board established.
If any candidate for the municipal governing body is defeated by a margin not exceeding two percent of the total votes cast for all candidates for the office, or by a margin of five votes or less, the candidate may, within five days after completion of the official canvass, file with the municipal finance officer a written request for a recount. The finance officer shall set the time and place for the recount to occur within ten days of the date of the receipt of the recount request. A recount board shall be established consisting of one person chosen by each candidate declared elected and by each candidate who is eligible to request a recount. If this board consists of an even number of persons, one additional recount board member shall be appointed by the finance officer who shall be mutually agreeable to each candidate involved in the recount. Each representative to the recount board shall be named within three days of the receipt of the recount request by the finance officer. The person having custody of the ballot boxes containing the ballots to be recounted shall deliver them to the recount board. Any question arising on the recount shall be determined by majority vote of the recount board. The recount shall proceed expeditiously until completed.
Source: SL 1984, ch 55, § 2; SL 1995, ch 44, § 2; SL 2017, ch 58, § 1.
9-13-27.4. Recount on ballot question--Recount board.
Notwithstanding any other provisions of law, recounts of municipal ballot questions shall be conducted if, within five days after completion of the official canvass of a municipal ballot question election at which a question is approved or disapproved by a margin not exceeding two percent of the total votes cast in the election, any three registered voters of the municipality file a petition duly verified by such voters, setting forth that they believe a recount will change the outcome. The finance officer shall set the time and place for the recount to occur within ten days of the date of the receipt of the recount request. A recount board shall be appointed by the finance officer who shall appoint one person on each side of the question and one person who shall be mutually agreed upon by the other two appointed. Each representative to the recount board shall be named within three days of the receipt of the recount request by the finance officer. The recount shall be conducted according to the provisions of § 9-13-27.3.
Source: SL 1984, ch 55, § 3; SL 1995, ch 44, § 3; SL 2017, ch 58, § 2.
9-13-28. Notice to persons elected--Time allowed for qualification.
The finance officer, within two days after the result of the election is declared, shall notify each person elected to office of the person's election. If a person does not qualify by filing an oath or affirmation of office in the usual form provided by law within ten days after the first meeting of the month next succeeding the election, the office becomes vacant.
Source: SDC 1939, § 45.1324; SL 2002, ch 47, § 1; SL 2008, ch 34, § 5; SL 2009, ch 69, § 9.
9-13-29. Municipal officers subject to recall.
In any municipality, with or without a city manager, the mayor, any commissioner, any alderman, or any member of the board of trustees may be removed from office at any time by the voters qualified to vote for a successor as provided in §§ 9-13-30 to 9-13-32, inclusive.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1935, ch 158, § 9; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 1.
9-13-30. Petition for recall--Number of signatures--Grounds--Time limits--Challenge to petition.
A petition signed by fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, demanding the election of a successor to the mayor, commissioner, alderman, or trustee sought to be removed shall be filed with the finance officer and presented by the finance officer to the governing body. The allowable grounds for removal are misconduct, malfeasance, nonfeasance, crimes in office, drunkenness, gross incompetency, corruption, theft, oppression, or gross partiality. The petition shall contain a specific statement of the grounds on which removal is sought. The form for the municipal recall petition shall be prescribed by the state Board of Elections pursuant to chapter 1-26. No signature on a petition is valid if signed more than sixty days before the filing of the petitions. When a petition to recall is filed with the finance officer, the finance officer shall present the petition to the governing body at its next meeting. Only the petition signatures may be challenged in the manner established in §§ 12-1-13 to 12-1-16, inclusive. A failure to challenge petition signatures pursuant to §§ 12-1-13 to 12-1-16, inclusive, does not prohibit an interested person from challenging the filing of the recall petition or the sufficiency of the specific statement of the grounds of the recall petition.
A challenge to the recall petition regarding the specific statement of the grounds of the recall petition must be filed in circuit court within five business days of the filing of the recall petition. The circuit court shall conduct an expedited declaratory judgment hearing with no right to trial by jury.
Source: SDC 1939, § 45.1325; SL 1963, ch 280; SL 1968, ch 184; SL 1979, ch 50, § 6; SL 1983, ch 52, § 6; SL 1987, ch 67, § 13; SL 1992, ch 60, § 2; SL 1997, ch 48, § 1; SL 2009, ch 34, § 2; SL 2016, ch 49, § 1.
9-13-31. Special or annual election--Notice.
The governing body shall, within ten days of presentation, order and fix a date for holding a special election, to be on a Tuesday not less than thirty nor more than fifty days from the date of the order of the governing body. If a petition is filed after December thirty-first before the annual municipal election and within sufficient time to comply with the provisions of § 9-13-14, the question of a successor shall be submitted at that annual election.
The governing body shall have a notice of election published in the same manner as provided in § 9-13-13.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 1977, ch 68, § 7; SL 1983, ch 53, § 5; SL 2016, ch 49, § 2.
9-13-32. Recall election--Incumbent--Other candidates--Runoff.
Any mayor, commissioner, alderman, or trustee sought to be removed may be a candidate to succeed himself or herself and, unless the incumbent requests otherwise in writing, the auditor shall place the incumbent's name on the official ballot without nomination. The auditor shall also place on the official ballot the name of any other candidate nominated as provided in this chapter. If no other candidate is nominated for the position, no recall election may be held, and the incumbent shall remain in office.
Any runoff election required shall be conducted as provided by this chapter.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 3; SL 2021, ch 40, § 4.
9-13-33. Continuation of incumbent in office if re-elected.
If the incumbent shall be elected, he shall continue in office and not be obliged again to qualify.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280.
9-13-34. Removal of incumbent from office by election of another at recall--Qualification of successor.
If some person other than the incumbent is elected, the incumbent shall be deemed removed from office upon or at the expiration of the time for qualification of his successor. The successor shall qualify within ten days after receiving notification of his election, and in case of his failure to qualify, the office shall be deemed vacant.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280.
9-13-35. Term of office of successor elected at recall election.
The successor of any removed mayor, commissioner, alderman, or trustee shall hold office during the remainder of the predecessor's unexpired term.
Source: SL 1913, ch 119, § 15; RC 1919, § 6332; SL 1937, ch 176, § 1; SDC 1939, § 45.1325; SL 1963, ch 280; SL 2009, ch 34, § 4.
9-13-36. Election board for wards--Compensation.
If a municipality is divided into wards and all of the wards use the same polling places, the governing body of the municipality may appoint a single election board for all of the wards. The election board appointed pursuant to this section shall consist of a minimum of one judge and two clerks. The members of the election board shall receive such compensation as shall be fixed by the governing body. If all of the wards are voting on an identical ballot, a single ballot box and one pollbook may be used for all wards.
Source: SL 1990, ch 60; SL 1992, ch 63.
9-13-37. Municipal elections held in conjunction with June primary elections.
Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may choose to hold a municipal election in conjunction with the regular June primary election. The combined election is subject to approval by the county commissions of the counties in which the municipality is located. Expenses of a combined election shall be shared in a manner agreed upon by the governing body of the municipality and the county commissions involved. All other governmental responsibilities associated with holding elections under the provisions of chapters 9-13 and Title 12 shall be shared as agreed upon by the governing bodies. The finance officer shall publish the notice required in § 9-13-6 between February fifteenth and March first. No nominating petition may be circulated for signatures until March first. Nominating petitions shall be filed under the provisions of § 9-13-7 by the last Tuesday in March. The finance officer shall certify to the appropriate county auditor the candidate names and ballot language to be voted on by the first Thursday after the last Tuesday in March.
Source: SL 1996, ch 60, § 1; SL 2007, ch 81, § 1
9-13-40. Municipal elections held on first Tuesday after first Monday in June--Notice--Nominating petitions.
Any other provision of this chapter notwithstanding, the members of the governing body of a municipality may choose to hold a municipal election on the first Tuesday after the first Monday in June. The finance officer shall publish the notice required in § 9-13-6 between February fifteenth and March first. No nominating petition may be circulated for signature until March first. Nominating petitions shall be filed under the provisions of § 9-13-7 by the last Tuesday in March. All other governmental responsibilities associated with holding elections under the provisions of chapter 9-13 shall be met by the municipality.
Source: SL 1996, ch 60, § 8; SL 2005, ch 87, § 4; SL 2007, ch 81, § 2
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.
9-14-2. Residence requirement for election to office--Exceptions--Defaulters ineligible.
Except as otherwise provided, no person may hold any elected municipal office who is not a qualified voter of the municipality and who has not resided therein at least three months next preceding his election or appointment. If the person has resided in an area annexed, pursuant to chapter 9-4, for at least three months, he may hold any municipal office. No person may hold any municipal office who is a defaulter to the municipality. This section does not apply to appointive officers.
Source: SL 1891, ch 88, § 1; RPolC 1903, § 1240; RC 1919, § 6267; SL 1923, ch 235; SDC 1939, § 45.1101; SL 1955, ch 200, § 1; SL 1969, ch 180; SL 1978, ch 60, § 7; SL 1979, ch 51; SL 1983, ch 56; SL 1989, ch 82, § 41; SL 1992, ch 64.
9-14-3. Appointment of officers.
Such officers as needed and provided for by ordinance shall be appointed. Each appointive officer of a municipality governed by a mayor and common council shall be appointed by the mayor with the approval of the council, and in other municipalities, each officer shall be appointed by a majority vote of the members elected to the governing body, except as provided in the city manager law and subject to the provisions of the civil service applying to employees, police, and firefighters. Such officers shall be appointed annually or at intervals determined by the governing body.
Source: SL 1901, ch 73, § 2; RPolC 1903, § 1236; SL 1913, ch 119, §§ 14, 58; RC 1919, § 6270; SDC 1939, § 45.1104; SL 2011, ch 43, § 1; SL 2013, ch 37, § 1.
9-14-4. Commissions and certificates of appointment.
All appointive officers except the auditor and marshal shall be commissioned by warrant, under the corporate seal, signed by the mayor and auditor. The marshal shall be commissioned by warrant, under the corporate seal, signed by the president of the Board of Trustees and the clerk. The mayor shall issue a certificate of appointment under the seal of the municipality to the auditor.
Source: SL 1890, ch 37, art VI, § 6; RPolC 1903, § 1239; RC 1919, § 6273; SDC 1939, § 45.1107.
9-14-5. Qualification and discharge of duties of office by appointive and elective officers.
Each appointive municipal officer shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office in the usual form provided by law. The officer shall file the form within ten days after the first meeting of the month following the appointment. The officer shall hold office until the appointment and qualification of a successor.
Each elective municipal officer, if elected to fill a vacancy, shall begin discharging the duties of the office as soon as the officer has qualified by filing an oath or affirmation of office in the usual form provided by law. The officer shall file the form within ten days after the first meeting of the month following the election. Except as otherwise provided, each officer, if elected for a full term, shall begin discharging the duties of the office on the first meeting of the month next succeeding the election or as soon thereafter as the officer has qualified.
Source: SDC 1939, § 45.1105; SL 1985, ch 119, § 12; SL 1996, ch 60, § 3; SL 2002, ch 47, § 2; SL 2016, ch 50, § 1.
9-14-6. Oath of appointive officers--Undertaking.
Each appointive officer, before entering upon the discharge of the duties of the office, shall take and subscribe an oath or affirmation of office, in the form required by the Constitution. The officer shall furnish an undertaking to be approved by the governing body. The undertaking shall be in a sum prescribed by the governing body and shall be conditioned for the faithful performance of the duties of the office and to account, pay over, and deliver all money or property coming into the officer's hands by virtue of that office according to law.
Source: SL 1890, ch 37, art VI, § 4; RPolC 1903, § 1238; SL 1913, ch 119, § 60; RC 1919, § 6272; SL 1920 (SS), ch 72; SDC 1939, § 45.1106; SL 1971, ch 58, § 1; SL 1992, ch 60, § 2; SL 2014, ch 51, § 1.
9-14-6.1. Amount of finance officer's bond.
The amount of the bond of the municipal finance officer shall be annually established by the governing board in an amount equal to the maximum monetary total estimated to be on hand at any one time, but the amount of such bond required may not exceed two hundred fifty thousand dollars in municipalities of the first class or one hundred fifty thousand dollars in municipalities of the second or third class.
Source: SL 1971, ch 58, § 2; SL 1981, ch 68; SL 1989, ch 74.
9-14-7. Oath or affirmation and undertaking of clerk, director of equalization, treasurer, and marshal in third class municipalities.
In third class municipalities the clerk, director of equalization, treasurer, and marshal, within ten days after the first meeting of the month following the election or appointment, shall take and subscribe an oath or affirmation of office in the form required by the Constitution and furnish an undertaking to be approved by the Board of Trustees in such sum as it shall direct.
Source: PolC 1877, ch 24, § 28; CL 1887, § 1049; SL 1901, ch 170, § 1; RPolC 1903, § 1447; RC 1919, § 6272; SL 1920 (SS), ch 72; SDC 1939, § 45.1106; SL 1981, ch 44, § 19; SL 1992, ch 60, § 2; SL 2016, ch 50, § 2.
9-14-9. Place of filing of bonds.
All undertakings provided for in §§ 9-14-6 to 9-14-7, inclusive, shall be filed, after approval, with the governing body.
Source: SL 1890, ch 37, art VI, § 5; RPolC 1903, § 1238; SL 1913, ch 119, § 60; RC 1919, § 6272; SL 1920 (SS), ch 72; SDC 1939, § 45.1106; SL 1981, ch 44, § 20; SL 1995, ch 45, § 3.
9-14-10. Vacancy created by removal of officer from municipality or ward--Failure to qualify for office.
The removal of any municipal officer from the ward or municipality for which the officer was elected or appointed, or the officer's failure, within ten days after the first meeting of the month following the election or appointment, to qualify and begin the duties of office, causes a vacancy in the office.
Source: SL 1890, ch 37, art III, § 3; SL 1890, ch 37, art XIV, § 11; RPolC 1903, § 1294; SL 1913, ch 119, § 113; RC 1919, § 6274; SDC 1939, § 45.1108; SL 2016, ch 50, § 3.
9-14-12. Removal from office of officer appointed by governing board.
Except as otherwise provided any appointive officer of a municipality governed by a board of commissioners or board of trustees may be removed by a majority vote of the members of such board.
Source: SL 1913, ch 119, § 23; RC 1919, § 6276; SDC 1939, § 45.1109.
9-14-13. Removal of appointive officers.
In an aldermanic-governed municipality, the mayor, except as otherwise provided, may remove from office any officer appointed by the mayor, if the mayor believes that the interests of the municipality demand such removal. The mayor shall report the reasons for removal to the council at its next regular meeting.
Source: SL 1890, ch 37, art III, § 5; RPolC 1903, § 1186; RC 1919, § 6276; SDC 1939, § 45.1109; SL 1992, ch 60, § 2; SL 2014, ch 51, § 2.
9-14-14. Civil service ordinance--Procedure for suspension or removal of employee--Initiated ordinance required for repeal--Appeal.
Any municipality may adopt an ordinance establishing a civil service system for its municipal employees, policemen and firemen, and providing for the appointment of a civil service board, prescribing its powers, duties and compensation, and providing for the suspension or removal of any employee, policeman or fireman for cause, subject to review and affirmance, reversal or modification of such action by the civil service board at a hearing before such board if requested by the employee, policeman or fireman suspended or discharged, at which hearing the employee, policeman or fireman is entitled to be present in person or by counsel, which ordinance after adoption may not be repealed or modified so as to affect the standing of any employee, policeman or fireman under the provisions thereof, except pursuant to the negotiation process provided for in chapter 3-18, and which may be repealed only by an initiated ordinance. However, an employee, policeman or fireman represented by a labor or employee organization, authorized by chapter 3-18, may not request the civil service board to review any suspension or removal, unless the labor contract covering such employee specifically provides for such review. Any final order of a civil service board may be appealed to the circuit court pursuant to chapter 1-26.
Source: SL 1937, ch 178; SDC 1939, § 45.0201 (103); SL 1945, ch 197; SL 1982, ch 72, § 1; SL 1986, ch 68.
9-14-15. Removal of civil service employees--Governor's authority--Appointees of city manager.
Policemen, firemen, and employees appointed under any civil service ordinance and not represented by any labor or employee organization authorized by chapter 3-18 may be removed only pursuant to the provisions of the ordinance. Nothing in this section restricts the Governor's authority, pursuant to § 3-17-3, to remove local law enforcement officers, including those appointed under any civil service ordinance. Officers and employees appointed by a city manager may be removed by him.
Source: SDC 1939, § 45.1109; SL 1982, ch 72, § 2; SL 1983, ch 57.
9-14-16. Members of governing body not to hold other office--Liquor license not disqualifying--Auditor or clerk not to serve as treasurer.
No mayor, alderman, commissioner, or trustee may hold any other office under the municipality while an incumbent of such office. The term "office" does not include membership on any municipality board, if the ordinance or resolution establishing the board specifically includes the mayor, an alderman, commissioner, or trustee in the membership of the board. No mayor, alderman, commissioner, or trustee is disqualified from holding such office in any municipality as a result of holding any liquor license or being the spouse of a person holding any liquor license. No mayor, alderman, commissioner, or trustee who is the holder of a liquor license may vote on the issuance or transfer of any such license. No auditor or clerk may hold the office of treasurer under the municipality while an incumbent of such office.
Source: SL 1890, ch 37, art VI, § 9; RPolC 1903, § 1242; SL 1913, ch 119, § 64; RC 1919, § 6277; SL 1925, ch 246; SDC 1939, § 45.1110; SL 1949, ch 182; SL 1985, ch 61; SL 1986, ch 69; SL 1995, ch 46.
9-14-16.1. Voluntary service, service with annual compensation of five thousand dollars or less, and certain ambulance service permitted.
The provisions of § 9-14-16 do not prohibit any mayor, alderman, commissioner, or trustee from serving in any other volunteer, unsalaried municipal position or providing any service for a municipality if the compensation for such service does not exceed five thousand dollars per calendar year. The provisions of § 9-14-16 do not prohibit any mayor, alderman, commissioner, or trustee from receiving compensation in excess of five thousand dollars per calendar year for service to a municipal ambulance service in municipalities of the second or third class.
Source: SL 1999, ch 40, § 1; SL 2005, ch 50, § 1; SL 2010, ch 42, § 1.
9-14-17. Records maintained by finance officer--Warrants on treasury--Expense estimates--Contracts.
The municipal finance officer shall keep an office at a place directed by the governing body. The finance officer shall keep the corporate seal, all papers and records of the municipality, and a record of the proceedings of the governing body, whose meetings the finance officer shall attend. The finance officer shall draw and countersign all warrants on the treasury in pursuance of orders or resolutions of the governing body and keep a full and accurate account of all such warrants in books provided for that purpose. The finance officer shall make or cause to be made estimates of the expenses of any work to be done by the municipality and countersign all contracts made on its behalf and certificates of work authorized by any committee of the governing body or by any municipal officer. However, the finance officer may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: PolC 1877, ch 24, § 40; CL 1887, § 1065; SL 1890, ch 37, art VII, §§ 1 to 3; RPolC 1903, §§ 1244, 1246, 1454; SL 1913, ch 119, §§ 65, 67; RC 1919, §§ 6285, 6287; SDC 1939, § 45.1119; SL 1959, ch 268; SL 1981, ch 45, § 8; SL 1995, ch 45, § 4; SL 2014, ch 51, § 3.
9-14-18. Books of account maintained by finance officer--Signature on evidences of indebtedness.
The municipal finance officer shall keep regular books of account in which shall be entered all indebtedness of the municipality, and which shall at all times show the financial condition of the municipality, the amount of bonds, warrants, certificates, or other evidences of indebtedness issued by the governing body, and the amounts of all bonds, warrants, certificates, or other evidences of indebtedness which have been redeemed and the amount of each outstanding.
The finance officer shall countersign all bonds, warrants, or other evidences of indebtedness of the municipality and keep accurate accounts of each, stating to whom and for what purpose issued and the amount of the bond, warrant, or other evidence of indebtedness of the municipality. The finance officer shall keep an account with all receiving and disbursing officers of the municipality, showing the amount received from the different sources of revenue and the amount which was disbursed under the direction of the governing body. However, the finance officer may destroy any record which the records destruction board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: SL 1890, ch 37, art VII, § 3; RPolC 1903, § 1246; SL 1913, ch 119, § 67; RC 1919, § 6287; SDC 1939, § 45.1119; SL 1959, ch 268; SL 1981, ch 45, § 9; SL 1995, ch 45, § 5; SL 2014, ch 51, § 4.
9-14-19. Supervision of municipal accounting system.
The municipal finance officer shall supervise the accounting system for all departments and offices of the municipality in accordance with the recommendations of the Department of Legislative Audit except that for those municipalities administered under the city manager form of government, the supervision is by the city manager.
Source: SDC 1939, § 45.1119 as added by SL 1959, ch 268; SL 1995, ch 45, § 6; SL 2014, ch 51, § 5.
9-14-20. Record of certificates issued for work--Schedule of special tax or assessment.
The municipal finance officer shall keep a list of all certificates issued for work or any other purpose. Before the levy by the governing body of any special tax, the finance officer shall, unless that duty is performed by the engineer, report to the governing body a schedule of all lots that are subject to the proposed special tax or assessment and the amount of the special tax or assessment. The schedule shall be verified by the finance officer's affidavit.
Source: SL 1890, ch 37, art VII, § 3; RPolC 1903, § 1246; SL 1913, ch 119, § 67; RC 1919, § 6287; SDC 1939, § 45.1119; SL 1959, ch 268; SL 1995, ch 45, § 7; SL 2014, ch 51, § 6.
9-14-21. Examination of treasurer reports and accounts--Audit and adjustment of claims--Record of contracts.
The municipal finance officer shall examine all reports, books, papers, vouchers, and accounts of the treasurer; audit and adjust all claims and demands against the municipality before they are allowed by the governing body; and keep a record of the finance officer's acts and doings. The finance officer shall keep a book in which the finance officer shall enter all contracts. The book shall include an index to the contracts and shall be open to the inspection of all parties interested. The finance officer shall perform such other duties as may be required by ordinance, resolution, or direction of the governing body. However, the finance officer may destroy any record which the Records Destruction Board, acting pursuant to § 1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source: PolC 1877, ch 24, § 40; CL 1887, § 1065; SL 1890, ch 37, art VII, § 3; RPolC 1903, §§ 1246, 1454; SL 1913, ch 119, § 67; RC 1919, §§ 6285, 6287; SDC 1939, § 45.1119; SL 1959, ch 268; SL 1981, ch 45, § 10; SL 1995, ch 45, § 8; SL 2014, ch 51, § 7.
9-14-22. Duties of city attorney.
When required by the governing body or any officer of the first and second class municipality, the city attorney shall furnish an opinion upon any matter relating to the affairs of the municipality or the official duties of such officer; conduct the prosecution of all actions or proceedings arising out of the violation of any ordinance; and perform such other professional services incident to his office as may be required by ordinance or directed by the governing body.
Source: SL 1890, ch 37, art VII, § 1; RPolC 1903, § 1247; SL 1913, ch 119, § 68; RC 1919, § 6297; SL 1925, ch 248; SDC 1939, § 45.1129; SL 1957, ch 247; SL 1992, ch 60, § 2.
9-14-23. Employment of attorney--Contract by ordinance or resolution.
The governing body of any municipal corporation may contract for legal services or employ an attorney under such terms and conditions as the governing body shall deem proper. Any contract for legal services with an attorney shall be made by ordinance or resolution. Such contract shall set forth the compensation to be paid and the specific services to be rendered.
Source: SL 1925, ch 248; SDC 1939, § 45.1129; SL 1957, ch 247; SL 1967, ch 219; SL 1978, ch 61.
9-14-24. Qualifications and duties of city engineer--Preservation of surveys, plans and estimates.
If a municipality chooses to employ or retain a person to serve as a city engineer, the city engineer shall be a licensed professional engineer under chapter 36-18A. If the city engineer is not also licensed as a land surveyor under chapter 36-18A, the city engineer shall delegate any duties that are defined in chapter 36-18A as the practice of land surveying to a licensed land surveyor.
The governing body shall by ordinance or agreement prescribe the duties and fix the compensation of the city engineer.
All surveys, profiles, plans, or estimates made by the city engineer for the municipality are the property of the municipality and shall be carefully preserved in the municipality's office or the office of the city engineer and are open to public inspection.
Source: SL 1890, ch 37, art XII; RPolC 1903, § 1281; SL 1913, ch 119, § 100; RC 1919, § 6298; SDC 1939, § 45.1130; SL 2009, ch 35, § 1.
9-14-26. Jurisdiction of municipal peace officers in service of process.
Any peace officer of any municipality which is situated in more than one county may serve and execute any civil or criminal process within any of the counties in which such municipality is situated.
Source: SL 1890, ch 37, art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119, § 101; RC 1919, § 6301; SL 1923, ch 239, § 1; SDC 1939, § 45.1133.
9-14-27. Additional duties prescribed for municipal officers.
The governing body may prescribe by ordinance additional duties to be performed by any municipal officer not inconsistent with the laws of this state.
Source: SL 1890, ch 37, art XXII, § 2; RPolC 1903, § 1381; RC 1919, § 6283; SDC 1939, § 45.1117.
9-14-28. Salaries and compensation of municipal officers.
Except as otherwise specially provided, the governing body of every municipality shall fix and determine by ordinance or resolution the amount of salaries and compensation of all municipal officers and the times at which the same shall be paid.
Source: PolC 1877, ch 24, § 44; CL 1887, § 1069; SL 1893, ch 129, § 1; SL 1895, ch 144, §§ 1, 2; RPolC 1903, §§ 1256, 1258, 1458; SL 1913, ch 119, § 77; SL 1917, ch 316, § 1; RC 1919, § 6307; SDC 1939, § 45.1143; SL 1976, ch 80.
9-14-29. Civil process fees accounted for by policemen.
Every chief of police or other policeman, receiving a salary for his services, shall account for and pay over on or before the end of each month to the treasurer all fees received by him in the service of any civil process, taking a receipt therefor and filing an itemized account thereof with the auditor or clerk.
Source: SL 1911, ch 155, §§ 1, 2; RC 1919, § 6303; SDC 1939, § 45.1135.
9-14-30. Life, health and accident insurance provided for municipal officers and employees--Restriction on accident insurance.
The municipalities of the State of South Dakota and their several offices, boards, and departments may, in their discretion, provide either by self insurance, or by purchase from private companies, group life, health and accident insurance, or any one or more of such insurance risks, for their respective employees and officers and the immediate families of such employees and officers, as the terms "employee" and "officer" are defined in § 9-14-31. Such accident insurance applies only if benefits under the worker's compensation law are not applicable.
Source: SL 1949, ch 199, § 2; SDC Supp 1960, § 45.0201-1(7); SL 1978, ch 49, § 1; SL 1986, ch 70, § 1.
9-14-31. Officers and employees covered by insurance authorization.
The term "employee" is defined to include all persons who receive more than fifty percent of all compensation for personal services, rendered to the State of South Dakota, or to any of its governmental subdivisions, or to any of the several offices, boards, and departments thereof. The term "officer" is defined to include all appointive and elective officers of the municipalities of the State of South Dakota, or of the several offices, boards, and departments thereof, whose official duties, as such officers, require not less than one-half of their time.
Source: SL 1949, ch 199, § 1; SDC Supp 1960, § 45.0201-1 (7); SL 1961, ch 245.
9-14-32. Appropriations authorized for cost of insurance.
Municipalities of the State of South Dakota are hereby authorized to appropriate the necessary funds for the cost of all or any portion of the insurance provided for by § 9-14-30.
Source: SL 1949, ch 199, § 2; SDC Supp 1960, § 45.0201-1 (7); SL 1974, ch 70.
9-14-33. Salary deductions for insurance participation.
Authority and power is hereby given to said employees or officers to direct the municipalities of the State of South Dakota covered hereby to pay out of the salary or wages of such employees or officers the amount of their participation in the cost of insurance provided pursuant to § 9-14-30.
Source: SL 1949, ch 199, § 2; SDC Supp 1960, § 45.0201-1 (7).
9-14-34. Administration of insurance programs.
The policy or policies for the insurance provided in § 9-14-30 may be administered by the municipalities through their respective governing bodies, acting individually or jointly through some joint agency created by such governmental subdivisions for carrying out the purposes of §§ 9-14-30 to 9-14-35, inclusive, or the municipalities may contract with any private firm to administer the policies.
Source: SL 1949, ch 199, § 3; SDC Supp 1960, § 45.0201-1 (7); SL 1978, ch 49, § 2.
9-14-35. Inclusion of retired officers and employees and dependents of deceased officers and employees in insurance program.
The governing body of a municipality, or a municipal retirement system may, in its discretion, include retired employees and officers and their spouses and dependents eligible under the appropriate policy and the spouses and dependents eligible under the appropriate policy of deceased employees and officers under the provisions of §§ 9-14-30 to 9-14-34, inclusive. The governing body may pay up to one hundred percent of the cost of the premiums for such insurance for such retired employee or officer who shall have at least fifteen years' service as an employee or officer of the municipality and who shall have participated at least five years, immediately preceding such retirement, in such municipal insurance program. No eligibility requirement applies to any employee or officer who retired as the result of a duty incurred disability. In addition, the governing body of a municipality or a municipal retirement system may, in its discretion, pay up to one hundred percent of the premium for medicare supplemental health insurance for retired employees, officers, their spouses, and the spouses of deceased retired employees and officers if the retired employee or officer had at least fifteen years' service as an employee or officer of the municipality and had participated for at least five years, immediately preceding such retirement, in the municipality's insurance program.
Source: SDC Supp 1960, § 45.0201-1(7) as added by SL 1964, ch 139; SL 1965, ch 212; SL 1986, ch 70, § 2; SL 1993, ch 71; SL 2022, ch 23, § 1.
9-14-35.1. Flexible spending accounts.
Any health insurance plan or policy provided by a municipality for municipal officers and employees and other persons pursuant to §§ 9-14-30 and 9-14-35 may include the use of flexible spending accounts, which may include payment or reimbursement through the use of debit cards, direct deposit to financial institutions, by check, or a combination of these.
Source: SL 2010, ch 43, § 1.
9-14-36. Life insurance and retirement programs authorized for municipal employees--Salary deductions--Groups covered--Required participation.
The governing body of any municipal corporation in this state is hereby empowered and authorized to enter into insurance contracts for the protection and benefit of its employees and such insurance contracts may be in the form of group life insurance, salary saving, or retirement annuities. A municipal corporation entering into any such insurance contracts is authorized to deduct from the salary or wages of such employee protected by such insurance contract or contracts, his or her pro rata share of the cost of such insurance, and pay the premium for such insurance out of the funds so deducted. Discretion is vested in the governing body to determine what particular class or group of employees shall be protected by such insurance contracts. Provided that when such class or group has been determined, no insurance contracts shall be made or entered into without the consent of at least sixty percent of such class or group.
Source: SL 1939, ch 192; SDC Supp 1960, § 45.0201-1 (1).
9-14-37. Neglect of duty or misconduct by municipal officer as misdemeanor--Removal from office.
It is a Class 2 misdemeanor for any member of the governing body or other municipal officer to commit a palpable omission of duty or to intentionally commit oppression, misconduct, or malfeasance in the discharge of the duties of his office. Upon conviction of a violation of this section, the court in which such conviction is had may in its discretion enter an order removing the member of the governing body or other officer so convicted from his office.
Source: SL 1890, ch 37, art III, § 12; RPolC 1903, § 1193; SL 1913, ch 119, § 28; RC 1919, § 6284; SDC 1939, §§ 45.1118, 45.9902; SL 1981, ch 43, § 16.
9-14-39. Delivery of records and property to successor in office--Liability and penalties for refusal.
Any person having been an officer of any municipality shall, within five days after demand, deliver to his successor in office all books, property, and effects of every description in his possession belonging to the municipality or pertaining to his office. Upon refusal so to do he shall be liable for all the damages caused thereby and to such penalties as may be prescribed by ordinance.
Source: SL 1890, ch 37, art VI, § 6; RPolC 1903, § 1239; SL 1913, ch 119, § 61; RC 1919, § 6278; SDC 1939, § 45.1111.
9-14-40. Housing for police officers and personnel--Terms--Rent.
Any second or third class municipality within the State of South Dakota may erect, purchase, lease, rent, equip, furnish, insure, sell, and move dwellings to be used as housing for police officers and other police personnel of the municipality. Such municipality may establish the terms and rental amounts under which such dwellings are occupied.
Source: SL 2004, ch 76, § 1.
9-14-41. Payment by occupant of municipal dwelling of amount equal to property tax on property.
The occupant of any dwelling owned by a municipality pursuant to § 9-14-40 shall pay to each taxing agency within each taxing jurisdiction in which the property is situated, in lieu of taxes on the property, the amount of the property tax that would be payable if the property were owned by a private person. The dwelling shall be valued in the same manner and by the same procedure as other property is valued.
Source: SL 2004, ch 76, § 2.
9-14-42. Criminal background check of persons seeking employment with municipalities.
Each person over eighteen years of age seeking employment with a municipality shall submit, subject to the discretion of the municipality, to a state and federal criminal background investigation by means of fingerprint checks by the South Dakota Division of Criminal Investigation and the Federal Bureau of Investigation. The municipality may submit completed fingerprint cards to the Division of Criminal Investigation before the prospective new employee enters into service. Upon completion of the state and federal criminal background check, the Division of Criminal Investigation shall forward to the municipality all information obtained as a result of the check. Failure to submit or cooperate with the criminal background investigation is grounds for denial of an application.
Source: SL 2009, ch 36, § 1.
9-14-43. City fire department employees--Hours of employment.
The hours of employment of full-time employees of city fire departments are governed by mutual agreements with the respective municipal corporations. The hours of employment for any such employee may not exceed two hundred twelve hours during a twenty-eight-day work period or two hundred four hours during a twenty-seven-day work period as determined by mutual agreement unless the employee is paid additional compensation or is allowed compensatory time off.
Source: SL 1933 (SS), ch 10, § 2; SDC 1939, § 17.0103; SL 1949, ch 75, § 1; SL 1951, ch 93, § 1; SL 1959, ch 100; SL 1966, ch 63, § 1; SL 1976, ch 33, § 1; SL 1986, ch 30; SL 2010, ch 19, § 25; SDCL § 3-6-17; SL 2012, ch 23, § 105.
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.
9-16-1. Petition for adoption of city retirement system--Submission to voters at election--Adoption on approval by majority.
Upon the filing with the auditor of any municipality of the first class of a petition signed by fifteen percent of the registered voters of such municipality, based upon the total number of registered voters at the last preceding general election, the governing body shall submit to the voters of the municipality the question whether such municipality shall adopt a retirement system covering its employees and officers. If such petition is filed not less than twenty nor more than ninety days before the date of the holding of a regular state, county or municipal election, such question shall be submitted at such election, otherwise a special election shall be called for submission of such question. If a majority of the voters voting upon the proposition shall vote in favor of the adoption thereof, the same shall be adopted in such municipality.
Source: SL 1925, ch 239, § 7; SDC 1939, § 45.1204; SL 1949, ch 183, § 4; SL 1987, ch 67, § 15; SL 1992, ch 60, § 2.
9-16-2. Conversion of pension law to retirement system without voters' authorization.
A first or second class municipality which has, prior to July 1, 1949, adopted the city retired employees' and officers' pension law under the provisions of statutes then in force may establish a retirement system under this chapter without further authorization.
Source: SDC 1939, § 45.1204 as added by SL 1949, ch 183, § 4; SL 1992, ch 60, § 2.
9-16-3. Ordinance establishing retirement system--Provisions to be included.
The governing body of any municipality of the first class, after authorization as provided in § 9-16-1 or 9-16-2, may adopt an ordinance establishing a retirement system covering the employees, elective officers, and appointive officers of the municipality. The ordinance shall provide rules and regulations governing the operation of the retirement system; shall prescribe the membership of the retirement system; shall provide for the retirement of members; shall provide for the payment of annuities, pensions, or retirement allowances or may provide for actuarial equivalents thereof in the event of retirement, disability, or death; shall create a Board of Trustees in whom is vested the responsibility for the management of the retirement system; shall provide for the financing of the retirement system by contributions; and shall provide for the investment of the moneys of the retirement system.
Source: SL 1925, ch 239, § 3; SDC 1939, §§ 45.0203 (4), 45.1201; SL 1949, ch 183, § 1; SL 1953, ch 254; SL 1955, ch 201, § 1; SL 1957, ch 253; SL 1967, ch 220, § 1; SL 1984, ch 56, § 1; SL 1992, ch 60, § 2.
9-16-3.1. Board of Trustees.
The Board of Trustees required under the provisions of § 9-16-3 shall be composed as follows:
(1) Members of the governing body of the municipality or other individuals appointed by the governing body to represent it, the number to be set by ordinance;
(2) Members of the retirement and pension system selected by the membership, the number to equal the number of governing body representatives pursuant to subdivision (1) of this section; and
(3) One resident of the municipality who is not an official or employee of the municipality and whose membership on the Board of Trustees creates no conflict of interest. The member shall be nominated and approved by an affirmative majority vote of the trustees selected pursuant to subdivisions (1) and (2) of this section.
Source: SL 1984, ch 56, § 2.
9-16-3.2. Change of employee contributions or benefits--Requirements.
No change may be made in employee contribution levels of a system or present or future benefits of a system, by ordinance or otherwise, without an affirmative vote by both the governing body of the municipality and the membership of that system.
Source: SL 1984, ch 56, § 3.
9-16-3.3. Pension allowed firefighters for impairment caused by cancer.
A pension may be allowed pursuant to § 9-16-3.2 for any condition of impairment of health caused by cancer resulting in total or partial disability to an officer or member of a fire department who, upon entering such service, successfully passed a physical examination which failed to reveal any evidence of such condition. This section pertains solely to pension matters under this chapter and does not restrict a claimant's ability to file for benefits under chapter 62-8 or change the burden of proof established in § 62-8-12.
Source: SL 1991, ch 70.
9-16-4. Inclusion of firemen in retirement system.
A municipality of the first class having a retirement system for its employees and officers may, by ordinance adopted by the governing body of the municipality, include the firemen employed by the municipality in the membership of the employees' and officers' retirement system established under authority given by § 9-16-3 in lieu of a separate firemen's pension fund.
Source: SL 1949, ch 183, § 5; SDC Supp 1960, § 45.1204-1; SL 1978, ch 62, § 4; SL 1984, ch 56, § 4; SL 1992, ch 60, § 2.
9-16-4.1. Deferred compensation program for volunteer firefighters--Establishment and management--Participation optional.
Any municipality with a volunteer fire department may establish a deferred compensation program for its volunteer firefighters. Such a program may be financed by the municipality or by the volunteer firefighters and may be managed through the municipality or through an insurance company or other financial institution. Such program shall be established by ordinance. Each municipality shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer firefighter.
Source: SL 1986, ch 71, § 1.
9-16-4.2. Deferred compensation program for volunteer advanced life support personnel.
Any municipality with volunteer advanced life support personnel may establish a deferred compensation program for its volunteer advanced life support personnel. Such a program may be financed by the municipality or by the volunteer advanced life support personnel and may be managed through the municipality or through an insurance company or other financial institution. Such program shall be established by ordinance. Each municipality shall establish requirements for participation in the program. Participation in the program of deferred compensation shall be at the option of the volunteer advanced life support personnel.
Source: SL 2011, ch 36, § 3.
9-16-5.1. Contributions to system--Amount required.
Total contributions in each year to a retirement system subject to this chapter shall be sufficient to fund the following:
(1) The administrative cost of the plan during the year;
(2) The actuarially determined cost of future benefits accruing to members during the year; and
(3) An amount sufficient to amortize any unfunded liability of the system over a period not to exceed forty years on the basis of reasonable and generally accepted actuarial assumptions.
Source: SL 1984, ch 56, § 6.
9-16-5.2. Change of benefits--Restrictions.
No benefits, present or future, may be changed or modified in any manner unless the system's actuary or actuaries have prepared an actuarial statement showing the effect of those changes on the system. No benefits, present or future, may be changed or modified if the change or modification will bring the system into noncompliance with the provisions of § 9-16-5.1.
Source: SL 1984, ch 56, § 7.
9-16-5.3. Annual report--Contents--Publication--Filing.
Any retirement system subject to the provisions of this chapter shall publish an annual report containing financial statements and an actuarial valuation of the system. The report shall be filed with the Retirement Laws Committee created by § 2-6-8 and shall be available to each member of the system.
Source: SL 1984, ch 56, § 8.
9-16-5.4. Audit of financial statements.
The financial statements contained in the report required by § 9-16-5.3 shall be audited by an independent qualified, certified public accountant. The actuarial valuation required in the report shall include the information required under the provisions of subdivision 3-12C-101(3) and shall be performed by an approved actuary as defined by subdivision 3-12C-101(8).
Source: SL 1984, ch 56, § 9; SL 2019, ch 22, §§ 2, 45.
9-16-5.5. Administrator--Qualifications--Employees--Bond.
The Board of Trustees may appoint an administrator, who shall be qualified by training and experience requirements set by the board. The administrator may hire additional employees as may be required to transact the business of the retirement system. The board shall require bonding of the administrator in an amount set by the board, which may be included under any municipal employees' blanket bond. The bond premium may be paid by the system.
Source: SL 1984, ch 56, § 10.
9-16-5.6. Summary system description--Availability--Contents.
An administrator of a retirement system subject to the provisions of this chapter shall make available to any member of the system and to any beneficiary of the system a summary system description. The summary system description shall be written in a manner to be understood by the average member of the system and shall be sufficiently accurate and comprehensive to appraise participants and beneficiaries of their rights and obligations under the system. The summary system description shall include:
(1) The name and address of the administrator;
(2) Names, titles, and addresses of any trustee or trustees;
(3) A description of the relevant provisions of any applicable collective bargaining agreement;
(4) The system's requirements respecting eligibility for participation and benefits;
(5) A description of provisions providing for nonforfeitable pension benefits;
(6) Circumstances which may result in disqualification, ineligibility, or denial or loss of benefits;
(7) The source of financing of the system and the identity of any organization through which benefits are provided;
(8) The date of the end of the system year and whether the records of the system are kept on a calendar, policy or fiscal year basis; and
(9) The procedures to be followed in presenting claims for benefits under the system and the remedies available under the system for the redress of claims which are denied in whole or in part.
Source: SL 1984, ch 56, § 11.
9-16-5.7. Description furnished to member--Charge.
The administrator of a system shall, upon written request of any participant or beneficiary, furnish a copy of the latest updated summary system description, the latest annual report and any bargaining agreement, trust agreement, contract, or other instrument under which the system is established or operated. The administrator may make a reasonable charge to cover the cost of furnishing such complete copies.
Source: SL 1984, ch 56, § 12.
9-16-5.8. Information furnished to members annually.
Each administrator of a system under this chapter annually shall furnish to each system member or beneficiary a statement showing, on the basis of the latest available information, his total contributions, if any, his total benefits accrued and his nonforfeitable benefits, if any, which have accrued or the earliest date on which his benefits will become nonforfeitable.
Source: SL 1984, ch 56, § 13.
9-16-5.9. Records of employer.
An employer who employs one or more individuals who are members of a system covered under this chapter shall maintain records with respect to each employee sufficient to determine benefits due or which may become due to the employee. The employer shall furnish to the system administrator any information necessary for the administrator to make reports required under the provisions of this chapter.
Source: SL 1984, ch 56, § 14.
9-16-5.10. Fiduciary of system--Duties--Definition.
Every fiduciary of a retirement system subject to the provisions of this chapter shall discharge his duties solely in the interest of the participants and beneficiaries of the system, for the exclusive purpose of providing benefits to participants and their beneficiaries and with the skill, care, prudence, and diligence, under the circumstances then prevailing, of a prudent man, familiar with such matters and acting in a similar capacity. For purposes of this section, the term "fiduciary" means any person or entity which exercises any discretionary authority control over the management of a system or its assets, any person or entity which renders investment advice to a system for a fee or other compensation, or any person or entity which has any discretionary authority or discretionary responsibility in the administration of a system.
Source: SL 1984, ch 56, § 15.
9-16-5.11. Time for compliance--Remedy for noncompliance.
Each retirement system subject to the provisions of this chapter shall be in compliance with § 9-16-3.1 and §§ 9-16-5.1 to 9-16-5.8, inclusive, no later than June 12, 1987. At any time thereafter, if the members of the Retirement Laws Committee determine that any such system is not in compliance with § 9-16-5.1, the Retirement Laws Committee shall so certify in writing to the state treasurer. Upon receipt of the certification, the state treasurer shall pay into that municipality's system funds which are due from the state treasury to the municipality until the system complies with § 9-16-5.1.
Source: SL 1984, ch 56, § 16.
9-16-9. Gifts, devises, and bequests for fund.
The first or second class municipality may accept gifts, devises, and bequests for the pension fund.
Source: SL 1925, ch 239, § 5; SL 1937, ch 177; SDC 1939, § 45.1202; SL 1945, ch 199; SL 1947, ch 204; SL 1949, ch 183, § 2; SL 1955, ch 201, § 2; SL 1967, ch 220, § 2; SL 1992, ch 60, § 2.
9-16-10. Investment of moneys of retirement system.
All moneys belonging to the retirement system not required for the payment of current annuities, pensions, retirement allowances, other benefits, or administrative expenses in lieu thereof may be invested.
Source: SL 1925, ch 239, § 5; SL 1937, ch 177; SDC 1939, § 45.1202; SL 1945, ch 199; SL 1947, ch 204; SL 1949, ch 183, § 2; SL 1955, ch 201, § 2; SL 1967, ch 220, § 2; SL 1979, ch 37, § 4; SL 1984, ch 56, § 19.
9-16-11. Previously granted pensions as obligation of retirement system.
All pensions granted by a first or second class municipality prior to the adoption of a retirement system under § 9-16-3 shall become an obligation of the retirement system adopted by said municipality under said section.
Source: SL 1949, ch 183, § 6; SDC Supp 1960, § 45.1204-2; SL 1992, ch 60, § 2.
9-16-20. First and second class municipalities authorized to pension firemen.
In addition to other powers granted, every municipality of the first class shall have power to establish a firemen's relief and pension fund and to pension firemen as provided in this chapter.
Source: SL 1927, ch 172, § 2; SL 1929, ch 189; SDC 1939, § 45.0204; SL 1992, ch 60, § 2.
9-16-23. Sources of municipal pension fund.
A municipal pension fund shall consist of:
(1) All sums of money or property that are contributed by gifts, devises, and bequests;
(2) In the case of a firemen's system, all money received by its respective first or second class municipality from the Division of Insurance of the State of South Dakota as its proportionate share of the insurance fund collected from the various insurance companies;
(3) All income derived from investments of moneys in the pension fund;
(4) An amount as may be annually designated by the governing body pursuant to law; and
(5) All contributions by members of the pension fund.
Source: SL 1927, ch 172, § 2; SL 1929, ch 189; SDC 1939, § 45.1206; SL 1939, ch 184; SL 1945, ch 200; SL 1955, ch 202, § 1; SDC Supp 1960, § 45.1206 (1) to (3); SL 1984, ch 56, § 30; SL 1992, ch 60, § 2.
9-16-25. Firemen's contributions to pension fund--Deduction from salary.
Each member of the firemen's pension fund may be required to contribute to the fund, as determined by ordinance adopted by the municipality of the first class, the contributions to be deducted from his salary beginning with the date of his entry into city service as a fireman, if required by ordinance, and continuing so long as he remains a member until his retirement, if required by ordinance.
Source: SDC 1939, § 45.1206 (5) (a) as added by SL 1955, ch 202, § 1; SL 1977, ch 69; SL 1984, ch 56, § 32; SL 1992, ch 60, § 2.
9-16-26. Refund of members' contributions on termination of employment prior to retirement.
In the event any member leaves city service before a pension becomes payable on account of his participation in the said pension fund, the total of his contributions to the said fund may be either retained by the said fund or returned to the said individual or his legal representative either with or without interest additions, as the city shall determine by ordinance.
Source: SDC 1939, § 45.1206 (5) (a) as added by SL 1955, ch 202, § 1.
9-16-27. Retirement board to administer pension fund--Rules for operation of fund.
The authority and responsibility for the administration, management, and operation of the pension fund shall be vested in and under the control of a retirement board, which shall consist of two city officials to be selected by the governing body of the first or second class municipality; two members of the fire department to be elected by the members of the fire department, and a citizen, who is neither a city official nor a member of the fire department, to be selected by these four members. The retirement board shall adopt such rules, not inconsistent with this chapter and the pension fund ordinance, as are required in the proper operation of the pension fund.
Source: SL 1927, ch 172, § 3; SDC 1939, § 45.1207; SL 1955, ch 202, § 2; SDC Supp 1960, § 45.1207 (2); SL 1992, ch 60, § 2.
9-16-28. City treasurer as custodian of fund--Liability of surety on bond.
The treasurer of each municipality shall be the custodian of the investments and other moneys in its pension fund, which shall be kept apart from other funds in his custody. The surety on the official bond of the treasurer shall be liable for the safekeeping and due accounting of the moneys, securities, and other property belonging to the pension fund.
The previous requirements of this section shall not apply when such assets are placed with a funding agent or an investment counsel as provided for in this section. The retirement board of a pension fund may select a funding agent or investment counsel to administer and invest the funds of the system. The selection and the appointment of the funding agent or the investment counsel shall be made by the retirement board which shall have the right from time to time to change the funding agent or the investment counsel as to all or any part of the funds. The board shall have the right to determine the form and substance of each agreement under which the funds are to be held, provided that it shall not be inconsistent with the provisions of this section. The term "funding agent" means a corporate or individual trustee or trustees, insurance company or insurance companies authorized to do business in the State of South Dakota, or combination thereof, appointed and acting from time to time pursuant to the provisions of this section in holding, investing and disbursing the funds of the pension fund. The term "investment counsel" means a corporation or individual authorized to do business under the Federal Investment Advisers Act of 1940 and authorized to do business in the State of South Dakota, appointed and acting from time to time pursuant to the provisions of this section in investing the funds of the pension fund.
The retirement board may contract for investment counsel and advice when it deems necessary.
Source: SL 1927, ch 172, § 3; SDC 1939, § 45.1207; SL 1955, ch 202, § 2; SDC Supp 1960, § 45.1207 (3); SL 1970, ch 60; SL 1977, ch 71.
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.
Any amounts which may be paid or payable under the provisions of any workmen's compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any disability shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same disability. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay.
Source: SDC 1939, § 45.1208 (4) as added by SL 1955, ch 202, § 3; SL 1992, ch 60, § 2.
9-16-44. Workers' compensation benefits offset against special death benefits--Subrogation of first or second class municipality to rights against third party.
Any amounts which may be paid or payable under the provisions of any workers' compensation or similar law to a member or beneficiary or to the dependents of a member or beneficiary on account of any death shall be offset against and payable in lieu of any pensions payable as provided in this chapter on account of the same death. In the event any member or beneficiary, or the dependents of any member or beneficiary becomes entitled to a pension as the result of an accident or injury caused by the act of a third party, the said first or second class municipality shall be subrogated to the rights of the said member or beneficiary, or the dependents of the said member or beneficiary against such third party to the extent of benefits which the municipality pays or becomes liable to pay.
Source: SDC 1939, § 45.1209 (7) as added by SL 1955, ch 202, § 4; SL 1992, ch 60, § 2.
9-16-45. Circulatory or respiratory disease presumed occupational in firemen.
Notwithstanding the provisions of any general or special law to the contrary, any condition of impairment of health caused by hypertension, heart disease, or respiratory disease resulting in total or partial disability to an officer or member of a fire department who successfully passed physical examination on entering into such service, which examination failed to reveal any evidence of such condition, shall be presumed to have been suffered in line of duty, unless the contrary be shown by competent evidence.
Source: SL 1957, ch 248, § 3; SDC Supp 1960, § 45.1212.
9-16-46.1. Postretirement redetermination of pensions--Restrictions.
Any pension plan for city employees and officers or firemen, adopted under the provisions of this chapter, may provide for annual or less frequent postretirement redetermination of pensions. The application of any provision redetermining pension amounts may be restricted to pensions having an effective date of payment either prior to or subsequent to a specified date. Any postretirement redetermination of one or more pensions within a system shall be prefunded and may not bring the system into noncompliance with the provisions of subdivision 9-16-5.1(3).
Source: SL 1970, ch 58; SL 1984, ch 56, § 50.
9-16-47. Benefits and contributions exempt from assignment and process.
All annuities, pensions, retirement allowances, the accumulated contributions of any member, or any other benefit whatsoever accrued or accruing to any member or beneficiary shall be unassignable and shall not be subject to execution, attachment, garnishment, or any other process of law whatsoever, except as is specifically provided by this chapter.
Source: SL 1927, ch 172, § 7; SDC 1939, § 45.1211; SL 1943, ch 165, § 3; SL 1955, ch 202, § 6.
9-16-48. Validation of pensions and benefits previously paid.
In all cases if a municipal retirement system or a first or second class municipality has, prior to July 1, 1985, paid any pension or other benefit out of funds provided by the municipality, the pensions or other benefits and all proceedings thereon, contracts made or performed, ordinances or regulations established, and any levy and appropriation of taxes or revenues for payment thereof, are hereby declared to be valid and legal, notwithstanding any defect or irregularity, other than constitutional defects, in any of the payments, contracts, ordinances, or regulations, including, but not limited to, any conflict with any state statute existing at the time of payments.
Source: SL 1979, ch 53, § 2; SL 1984, ch 56, § 51; SL 1986, ch 72; SL 1992, ch 60, § 2.
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.
9-17-1. Formation of municipality organization authorized--Purposes.
The governing body of any municipality of this state is hereby authorized to join with the governing body of any other municipality or municipalities of this state in the formation of an organization of municipalities of this state for the purposes of securing concerted action among such municipalities in behalf of such matters, measures, and municipal affairs as such organization shall determine to be beneficial to, in the common interest of, and as concerns and pertains to said municipalities.
Source: SL 1955, ch 217, § 1; SDC Supp 1960, § 45.0201-1 (16).
9-17-2. Meetings of municipality organization--Maintenance of office--Employment of officials.
Such municipal organization shall have the power and authority to hold annual and special meetings at such times and places as it may determine for the discussions and consideration of such measures and matters as affect the welfare of the municipality members thereof; to maintain an office or offices for the conduct of the business of such organization and to employ and compensate such officials as it shall deem necessary in the support of such organization and the interest and welfare of its municipality members.
Source: SL 1955, ch 217, § 2; SDC Supp 1960, § 45.0201-1 (16).
9-17-3. Municipal payment of dues and delegate expenses for organization.
Any municipality which shall join or become a member of such municipal organization is hereby authorized and empowered, by ordinance, to annually appropriate funds for the payment of reasonable annual dues in said organization as the same may be assessed and to pay the expenses of designated representatives or delegates as provided in § 9-17-4, in attending the meetings of said organization.
Source: SL 1955, ch 217, § 3; SDC Supp 1960, § 45.0201-1 (16).
9-17-4. Representation of municipalities at organization meetings.
Each municipality member of said organization is hereby authorized and empowered to designate any member or members of its governing body or other persons in its employ to represent said municipality in said municipal organization and attend the meetings thereof.
Source: SL 1955, ch 217, § 3; SDC Supp 1960, § 45.0201-1 (16).
9-17-6. South Dakota Firefighters' Association, Incorporated continued.
The furnishing of fire protection is a governmental function and the South Dakota Firefighters Association, Incorporated, composed of the members of the municipal fire departments, is hereby continued as a public state institution of this state.
Source: SL 1919, ch 206, § 1; SDC 1939, § 20.0101; SL 1975, ch 86, § 1; SL 2006, ch 31, § 1.
9-17-7. Schools and promotional activities of South Dakota Firefighters' Association, Incorporated.
The South Dakota Firefighters Association, Incorporated, shall hold annual schools for the purpose of instruction and drilling, as well as testing modern methods and fire extinguishing apparatus, and in general shall encourage and promote the protection of property from loss and destruction by fire.
The time and place of the annual school shall be fixed by the South Dakota Firefighters Association, Incorporated.
Source: SL 1911, ch 157, § 3; RC 1919, § 10176; SL 1919, ch 206, § 3; SL 1931, ch 154; SDC 1939, § 20.0102; SL 1965, ch 101; SL 1975, ch 86, § 2; SL 2006, ch 31, § 2.
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.
9-18-1. Governing body to publish minutes of meetings including statement of expenditures--Rate of payment for publication.
The governing body of each municipality shall publish, within twelve business days, the minutes for each meeting of the governing body including a detailed statement of all expenditures of money and the name of each person paid and the service provided. The municipality shall pay for the publication of the minutes not to exceed ninety percent of the legal line rates for weekly newspapers and not to exceed the legal line rate for daily newspapers as provided in § 17-2-19.
Source: RC 1919, § 6580; SL 1919, ch 252; SL 1925, ch 215; SDC 1939, § 45.1116; SL 1941, ch 195; SL 1943, ch 164; SL 1947, ch 202; SL 1957, ch 246; SL 1963, ch 278; SL 2018, ch 50, § 1.
9-18-1.1. Time for delivery of copy to official newspaper.
The finance officer shall maintain a record of the minutes published pursuant to § 9-18-1 and deliver a copy to the official newspaper within five business days from the date the meeting was held.
Source: SL 1972, ch 129, § 1; SL 2018, ch 50, § 2.
9-18-2. Records of acts and proceedings of municipal officers--Open to public.
Every municipal officer shall keep a record of the official acts and proceedings of his office, and such record shall be open to public inspection during business hours under reasonable restrictions.
Source: SL 1890, ch 37, art III, § 9; SL 1890, ch 37, art VII, § 3; RPolC 1903, § 1190; SL 1913, ch 119, § 26; RC 1919, § 6282; SDC 1939, § 45.1115.
9-18-3. Admissibility in evidence of copies and transcripts of municipal records--Prima facie evidence.
Copies of all papers filed in the office of the auditor or clerk and transcripts of all records of the governing body certified by him under the corporate seal are admissible in evidence the same as the originals thereof. Such original papers or records or such copies or transcripts thereof are prima facie evidence of the facts stated therein.
Source: SL 1890, ch 37, art VII, § 1; SL 1890, ch 37, art XVI, § 14; RPolC 1903, §§ 1244, 1302; SL 1913, ch 119, § 65; RC 1919, §§ 6285, 6355; SDC 1939, § 45.0113.
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.
9-19-1. Definition of terms.
The word "ordinance" as used in this title shall mean a permanent legislative act of the governing body of a municipality within the limits of its powers.
The word "resolution" as used in this title shall mean any determination, decision, or direction of the governing body of a municipality of a special or temporary character for the purpose of initiating, effecting, or carrying out its administrative duties and functions under the laws and ordinances governing the municipality.
Source: SL 1913, ch 119, § 38; RC 1919, §§ 6242, 6250; SDC 1939, §§ 45.1001, 45.1008.
9-19-2. Continuation in force of prior ordinances and resolutions.
All ordinances and resolutions in force in any municipality when this code takes effect which are not inconsistent with its provisions shall continue in force and effect until repealed or amended as provided by law.
Source: SL 1890, ch 37, art I, § 9; RPolC 1903, § 1178; RC 1919, § 6157; SDC 1939, § 45.0109.
9-19-3. Authority to enact, amend, and repeal ordinances and resolutions--Penalties for violation.
Every municipality may enact, make, amend, revise, or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to carry into effect the powers granted thereto, and to provide for the punishment of each violation thereof by a fine not to exceed the fine established by subdivision 22-6-2(2), by imprisonment not exceeding thirty days, or by both the fine and imprisonment.
Source: SL 1890, ch 37, art V, § 1, subdiv 79; SL 1890, ch 37, art XXII, § 1; RPolC 1903, § 1229, subdiv 81; RPolC 1903, § 1380; RPolC 1903, § 1438, subdiv 19; SL 1903, ch 90; SL 1913, ch 119, § 53, subdiv 78; RC 1919, § 6169 (81); SL 1923, ch 238; SDC 1939, § 45.0201 (19); SL 1991, ch 187, § 2; SL 2007, ch 39, § 2
9-19-3.1. Degree of proof required when jail sentence authorized--Pleadings--Jury trial--Application of civil rules.
In the prosecution for the violation of any municipal ordinance which authorizes a penalty of a jail sentence, the municipality must prove the defendant guilty of the violation of the ordinance beyond a reasonable doubt. The proceedings shall be commenced by complaint naming the first or second class municipality as plaintiff, and the response thereto shall be by either oral plea or written answer. The defendant shall be entitled, by making demand therefor at any time before the commencement of trial, to trial by jury in the event the defendant is subject to any jail sentence. Except as provided in this section the proceedings shall be governed by the rules of civil procedure.
Source: SL 1975, ch 96, § 1; SL 1992, ch 60, § 2.
9-19-5. One subject expressed in title of ordinance.
An ordinance must embrace but one subject which shall be expressed in its title.
Source: RC 1919, § 6242; SDC 1939, § 45.1001.
9-19-6. Style of ordinance.
The style of all ordinances shall be as follows: "An ordinance __________ (inserting the title)" followed by: "Be it ordained by the (city or town) of __________ (inserting the name of municipality)" followed by the substance of the ordinance.
Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; SL 1913, ch 119, § 36; RC 1919, § 6243; SDC 1939, § 45.1002.
9-19-7. Reading, passage, and publication of ordinances--Codes incorporated by reference.
The title of all ordinances shall be read twice with at least five days intervening between the first and second reading. The ordinance shall be signed by the mayor or acting mayor or president of the Board of Trustees, filed with the auditor or clerk, and published once except that an ordinance incorporating and adopting comprehensive regulations or a code promulgated, approved, and published by a recognized and established national organization prescribing building, electrical, plumbing, safety, fire, or health regulations need not be published in a newspaper, but upon adoption of such an ordinance the auditor or clerk shall publish a notice of the fact of adoption once a week for two successive weeks in the official newspaper, and twenty days after the completed publication of such notice, unless the referendum shall have been invoked, such ordinance shall become effective.
Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; SL 1913, ch 119, § 35; RC 1919, § 6244; SDC 1939, § 45.1003; SL 1947, ch 197; SL 1972, ch 49; SL 1982, ch 73; SL 2021, ch 38, § 2.
9-19-7.1. Notice requirements for substantial amendment at second reading.
If any amendment presented and approved by the governing body at the second reading of an ordinance substantially alters the substance of the ordinance from the first reading, the proposed ordinance as amended may not be considered for final adoption until at least five days after a duly noticed public meeting of the governing body pursuant to chapter 1-25.
Source: SL 2016, ch 51, § 1.
9-19-8. Passage, recording, and publication of resolutions.
Any resolution may be passed after one reading and shall be recorded at length in the minutes of the meeting at which it is passed, with a statement of the number of votes for and against it. Such resolution shall be published in full either as part of the minutes or separately.
Source: RC 1919, § 6251; SL 1921, ch 315; SDC 1939, § 45.1009; SL 1987, ch 77.
9-19-9. Recording of votes on ordinances.
The vote upon all ordinances upon the second reading and to pass the same over any veto shall be taken by yeas and nays and entered upon the minutes of the meeting.
Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6245; SDC 1939, § 45.1004.
9-19-10. Veto power of mayor under aldermanic form--Items in appropriation ordinances.
The mayor in any municipality with a common council may veto any ordinance or resolution by filing a written objection with the finance officer within ten days after its passage. The veto may extend to any one or more items contained in an ordinance or resolution making an appropriation or to the entire ordinance or resolution. If the veto only extends to a part of such ordinance or resolution, the remainder shall take effect.
Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 1.
9-19-11. Reconsideration of vetoed item--Vote required to override veto.
If the mayor vetoes any ordinance, resolution, or other item pursuant to § 9-19-10 the finance officer shall present the ordinance, resolution, or other item with the mayor's written objection at the next meeting of the council and it may be reconsidered. If the ordinance or resolution is passed by a two-thirds vote of the aldermen, it shall be published and become effective notwithstanding the mayor's disapproval.
Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 2; SL 2017, ch 56, § 11.
9-19-12. Ordinance becoming law without mayor's signature.
If the mayor fails to sign any ordinance or resolution or file written objections thereto within ten days after its passage, the ordinance or resolution shall be published and become a law without the mayor's signature.
Source: SDC 1939, § 45.1004; SL 2001, ch 45, § 3.
9-19-13. Effective date of resolutions and ordinances.
Except such resolutions or ordinances as may be necessary for the immediate preservation of the public peace, health, or safety, or support of the municipal government and its existing public institutions, or which provide for an election or for hearing on an improvement or assessment or which call for bids, which take effect upon the passage and publication thereof, every resolution or ordinance passed by the governing body shall take effect on the twentieth day after its publication unless suspended by operation of a referendum.
Source: SL 1899, ch 94, § 1; RPolC 1903, §§ 1213, 1214; SL 1913, ch 119, § 38; RC 1919, §§ 6246, 6252, 6253; SDC 1939, § 45.1010; SL 1957, ch 244.
9-19-14. Recording of ordinance in ordinance book.
After an ordinance takes effect, the auditor or clerk shall record the same together with a certificate of the date of its publication in a book to be known as the "Ordinance Book," and file the affidavit of publication with the original ordinance.
Source: SL 1890, ch 37, art IV, § 16; RPolC 1903, § 1213; RC 1919, § 6247; SDC 1939, § 45.1005.
9-19-14.1. Posting of ordinance book on municipal website.
If a municipality posts the ordinance book or any part of the book on the municipality's official website, the municipality shall ensure the most current version of the ordinance book or any part of the book is posted.
Source: SL 2019, ch 50, § 2.
9-19-15. Compilation of ordinances--Free copies.
Every municipality may compile the municipal ordinances without revision or amendment for publication in book form. The compilation shall be effective without publication as required for ordinances.
The municipal auditor or clerk shall furnish a free copy of the book to the circuit clerk of court and the county law library of each county in which the municipality is situated.
Source: SDC 1939, § 45.0201 (20); SL 1984, ch 57, § 1; SL 1997, ch 49, § 1.
9-19-16. Revision of ordinances--Committee to prepare revision.
Every municipality shall have the power to revise the ordinances as provided herein. The governing body of any municipality not oftener than once every five years may appoint a committee of one or more competent persons to prepare and submit for its consideration an ordinance in revision of the ordinances of the municipality.
Source: SL 1890, ch 37, art III, § 13; RPolC 1903, § 1194; SL 1913, ch 119, § 37; RC 1919, § 6249; SL 1925, ch 247; SDC 1939, §§ 45.0201 (21), 45.1007.
9-19-17. Notice of adoption of ordinance in revision--Effective date--Publication in book form.
Upon the adoption of an ordinance which revises the ordinances of the municipality by the governing body, the auditor or clerk shall publish a notice of the adoption of the revised ordinances once in the official newspaper. Twenty days after the completed publication of the notice, unless the referendum is invoked, the ordinance shall become effective without publication in a newspaper.
The governing body may publish the revised ordinances in book form. The auditor or clerk shall furnish a free copy of the book or the revised ordinances to the circuit clerk of court and the county law library of each county in which the municipality is situated.
Source: SL 1913, ch 119, § 37; RC 1919, § 6249; SL 1925, ch 247; SDC 1939, § 45.1007; SL 1982, ch 60, § 4; SL 1984, ch 57, § 2; SL 1991, ch 24, § 4.
9-19-18. Evidence of ordinances and resolutions.
An original ordinance or resolution, the record or a certified copy thereof, or any compilation or revision of ordinances purporting to be printed under the authority of the municipality are admissible in evidence without further proof.
Source: PolC 1877, ch 24, § 57; CL 1887, § 1094; SL 1890, ch 37, art IV, § 16; RPolC 1903, §§ 1213, 1470; RC 1919, § 6247; SDC 1939, § 45.0113.
9-19-19. Ordinances and resolutions presumed valid unless controverted.
In any action or proceeding instituted by an acting municipality it shall not be required to show compliance with the provisions of this title as to the passage or publication of any ordinance or resolution unless the same be controverted under oath.
Source: PolC 1877, ch 24, § 53; CL 1887, § 1078; RPolC 1903, § 1467; RC 1919, § 6159; SDC 1939, § 45.0111.
9-19-20. Firearms regulation prohibited--Action by attorney general.
No municipality may pass an ordinance that restricts or prohibits, or imposes any licensure requirement or licensure fee on the possession, storage, transportation, purchase, sale, transfer, ownership, manufacture, or repair of firearms or ammunition or their components. Any ordinance prohibited by this section is null and void. The attorney general shall send a cease and desist order to any municipality that passes or enforces an ordinance in violation of this section. If the municipality fails to comply with the order, the attorney general shall bring an action in the name of the state for injunctive relief against any municipality that has passed an ordinance in violation of this section. A court shall grant any person charged with a violation of an ordinance prohibited under this section reasonable costs, expenses, and attorney's fees. This section does not apply to any generally applicable zoning ordinance, building regulation, or fire code so long as the ordinance, regulation, or code is not used to circumvent the prohibition under this section.
Source: SL 1983, ch 38, § 1; SL 2019, ch 51, § 3.
9-19-21. Municipality implementation of pretreatment program--Fines for violations by industrial users.
Any municipality that is required to develop a pretreatment program in accordance with chapter 34A-2 may enact, make, amend, revise or repeal all such ordinances, resolutions, and regulations as may be proper and necessary to implement the pretreatment program and to provide for the punishment of each pretreatment violation by industrial users pursuant to § 34A-2-15 with a civil penalty of up to one thousand dollars per day for each violation.
Source: SL 1992, ch 254, § 89.
9-19-22. Guaranteed income program prohibited--Enforcement--Definition.
A municipality may not adopt, enforce, or maintain an ordinance, order, or rule for the purpose of making payments to an individual under a guaranteed income program. If a municipality fails to comply with the order, the attorney general must bring an action in the name of the state for injunctive relief against a municipality that has adopted an ordinance, order, rule, or program in violation of this section.
For the purposes of this section, the term "guaranteed income program" means a plan funded or administered by the government under which an individual is provided with regular, unconditional cash payments to be used for any purpose by the individual. The term does not include a program under which an individual is required to seek reemployment as a condition of any payments, perform work, or attend training.
Source: SL 2024, ch 27, § 3.
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.
9-20-1. Percentage of voters required to propose ordinance or resolution.
The registered voters of any municipality may propose ordinances and resolutions for the government of the municipality if the petition is signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used.
Source: SDC 1939, § 45.1018; SL 1947, ch 199, § 1; SL 1968, ch 183, § 2; SL 2002, ch 40, § 2; SL 2017, ch 57, § 2; SL 2019, ch 53, § 1.
9-20-2. Petition proposing ordinance or resolution--Contents.
A petition to propose an ordinance or resolution shall be filed with the finance officer, containing in proper form the proposed ordinance or resolution. It shall be signed by the required number of the resident registered voters of the municipality. The signer or circulator shall add the signer's residence address, county of voter registration, and date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class. No signature on a petition is valid if signed more than six months prior to the filing of the petitions.
Source: SDC 1939, § 45.1019; SL 1947, ch 199, § 2; SL 1957, ch 245, § 2; SL 1980, ch 64, § 3; SL 1983, ch 52, § 7; SL 1990, ch 104, § 4; SL 1992, ch 110, § 5; SL 1999, ch 41, § 1.
9-20-3. Ordinance may not be initiated to nullify bond purposes.
The right to initiate an ordinance shall not be applicable to ordinances proposed to nullify the purpose for which bonds have been sold by a municipality pursuant to statutory authority.
Source: SL 1961, ch 247; SL 1980, ch 66, § 1.
9-20-4. Presentation of initiative petition to governing body--Submission to voters.
When a petition to initiate is filed with the finance officer, the finance officer shall present the petition to the governing body at its first ensuing regular or special meeting. The governing body shall submit the petition to a vote of the voters in the manner prescribed for a referendum.
Source: SDC 1939, § 45.1020; SL 1947, ch 199, § 3; SL 1980, ch 67, § 1; SL 2003, ch 41, § 1.
9-20-5. Majority vote at election required for initiated ordinance or resolution--Effective date.
No initiated ordinance or resolution shall become operative unless approved by a majority of the votes cast for and against the same. If so approved, it shall take effect upon the completion of the canvass of the election returns relating thereto.
Source: SL 1899, ch 94, § 13; RPolC 1903, § 1226; SL 1913, ch 119, § 50; RC 1919, § 6264; SDC 1939, § 45.1021; SL 1947, ch 199, § 4.
9-20-5.1. Year's waiting period required before amendment or repeal.
No initiated ordinance or resolution may be amended or repealed by the governing body of a municipality until at least one year has passed from its effective date.
Source: SL 1977, ch 72.
9-20-6. Time for filing referendum petition.
The required number of voters residing in any municipality may file within twenty days after the publication of any ordinance or resolution subject to referendum a petition with the auditor or clerk, requiring the submission of any such ordinance or resolution to a vote of the voters of the municipality for its rejection or approval. If filed on the twentieth day after publication, such petitions shall be filed no later than normal closing hours of the city hall or city auditor's office on said twentieth day.
Source: SL 1899, ch 94, § 2; RPolC 1903, § 1215; SL 1913, ch 119, § 39; RC 1919, § 6254; SDC 1939, § 45.1011; SL 1947, ch 198; SL 1975, ch 119, § 20.
9-20-7. Description in referendum petition of matter covered.
If the matter intended to be covered by the referendum petition is the whole of any ordinance or resolution, the petition shall contain the title of such ordinance or the subject of such resolution, and the date of its passage, but if only a portion of such ordinance or resolution is intended to be covered by the petition, such portion shall be set out at length.
Source: SL 1899, ch 94, § 3; RPolC 1903, § 1216; SL 1913, ch 119, § 40; RC 1919, § 6255; SL 1921, ch 300, § 1; SDC 1939, § 45.1012; SL 1957, ch 245, § 1.
9-20-8. Percentage of voters required to sign referendum petition--Data concerning signers.
The referendum petition shall be signed by at least five percent of the registered voters in the municipality. The percentage shall be based on the number of registered voters of the municipality as recorded by the county auditor on the second Tuesday in January in the year the petition is filed. If the petition is filed before the second Tuesday in January, the prior year's calculation of registered voters shall be used. The signer or circulator shall add the signer's residence address, county of voter registration, and date of signing. The signer's post office box number may be given in lieu of a street address if the signer lives within a municipality of the second or third class.
Source: SDC 1939, § 45.1012; SL 1957, ch 245, § 1; SL 1968, ch 183, § 1; SL 1979, ch 50, § 7; SL 1980, ch 64, § 4; SL 1987, ch 78; SL 1990, ch 104, § 5; SL 1992, ch 110, § 6; SL 1999, ch 41, § 2; SL 2002, ch 40, § 3; SL 2017, ch 57, § 3; SL 2019, ch 53, § 2.
9-20-9. Requirements for persons circulating petition--Board of elections to promulgate rules--Scope of rules.
Any person circulating an initiative or referendum petition shall verify that each person signing the petition is a resident and qualified voter of the municipality. The State Board of Elections shall promulgate rules pursuant to chapter 1-26 prescribing the format for an initiative and referendum petition and its verification.
Source: SDC 1939, § 45.1013; SL 1999, ch 41, § 3; SL 2000, ch 19, § 3.
9-20-10. Liberal construction of referendum petition.
Such petition may be made up and signed and shall be liberally construed as provided by the statute governing an initiated law.
Source: SDC 1939, § 45.1012; SL 1957, ch 245, § 1.
9-20-11. Date of election on referendum petition--No action taken pending election.
The governing body shall, upon the presentation of a petition pursuant to § 9-20-6, submit the question to the electors at the next annual municipal election or the next general election, whichever is earlier. Pending the election, the governing body may take no action with respect to the subject matter of the petition that would alter or preempt the effect of the proposed petition. However, the governing body may expedite the date of the election by ordering, within ten days of receiving the petition, a special election to be held on a Tuesday not less than thirty days from the date of the order of the governing body.
Source: SL 1899, ch 94, § 2; RPolC 1903, § 1215; SL 1913, ch 119, § 39; RC 1919, § 6254; SDC 1939, § 45.1011; SL 1947, ch 198; SL 1977, ch 68, § 8; SL 1980, ch 67, § 2; SL 1983, ch 53, § 6; SL 1995, ch 47, § 1.
9-20-11.2. Date to certify ballot language to county auditor.
If a municipality submits a question to the electors at the next general election pursuant to § 9-20-11, the municipality shall certify the ballot language to the county auditor by the first Tuesday in August of the year of the general election. However, the county auditor may extend the certification deadline for the municipality, if the county auditor determines that the extension will not prevent absentee ballots from being available by the date to begin absentee voting.
Source: SL 1995, ch 47, § 3; SL 2003, ch 41, § 3; SL 2007, ch 81, § 3; SL 2009, ch 69, § 10; SL 2018, ch 51, § 1.
9-20-11.3. Additional election costs paid by municipality.
If a municipality submits a question to the electors at the next general election pursuant to § 9-20-11, the municipality shall pay the additional election cost related to the municipal question. The cost shall be agreed upon by the county auditor and the municipal finance officer.
Source: SL 1995, ch 47, § 4.
9-20-12. Publication of referred ordinance or resolution--Notice of election.
The auditor or clerk shall cause the entire referred ordinance or resolution to be published once a week for two successive weeks immediately preceding the election.
Such publication shall include a notice that on the day of election therein stated such ordinance or resolution will be submitted to the voters or, if only a portion thereof is covered by the petition, then notice as to what portion will be submitted.
Source: SL 1899, ch 94, § 5; RPolC 1903, § 1218; SL 1913, ch 119, § 42; RC 1919, § 6257; SDC 1939, § 45.1014.
9-20-13. Ballots used in referendum election--Form and contents.
The auditor or clerk shall have ballots printed for the vote upon such referred ordinance or resolution and cause the same to be distributed as other official ballots are distributed.
Such ballots shall conform as near as may be to the law governing the submission of questions by the Legislature, except that the statement required to be printed on the ballots shall be prepared by the city attorney, or if there be no city attorney, by an attorney at law employed by the governing body for that purpose.
All questions to be voted upon at the same election may be submitted upon the same ballot.
Source: SL 1899, ch 94, § 6; RPolC 1903, § 1219; SL 1913, ch 119, § 43; RC 1919, § 6258; SDC 1939, § 45.1015.
9-20-14. General municipal election law applicable to referendum elections.
The elections provided for in this chapter shall be governed by the provisions of chapter 9-13 except as to the form of the ballots otherwise specifically provided.
Source: SL 1899, ch 94, § 9; RPolC 1903, §§ 1222, 1227; SL 1913, ch 119, §§ 46, 51; RC 1919, § 6265; SDC 1939, § 45.1022.
9-20-15. Majority vote required for approval of referred measure--Effective date.
No referred ordinance or resolution so submitted shall become operative unless approved by a majority of the votes cast for and against the same. If so approved, it shall take effect upon completion of the canvass of the election returns relating thereto.
Source: SL 1899, ch 94, § 8; RPolC 1903, § 1221; SL 1913, ch 119, § 45; RC 1919, § 6260; SDC 1939, § 45.1017.
9-20-16. Preservation of referendum petitions--Open to public inspection.
The auditor or clerk shall preserve all petitions invoking the referendum filed in his office for a period of at least two years, during which time such petitions shall be open to public inspection upon reasonable request.
Source: SL 1899, ch 94, § 7; RPolC 1903, § 1220; SL 1913, ch 119, § 44; RC 1919, § 6259; SDC 1939, § 45.1016.
9-20-17. Waiting period for new action after referendum election.
No referred ordinance or resolution may be again voted upon by the government of any municipality within one year from the date of the election thereon.
Source: SDC Supp 1960, § 45.1022 as enacted by SL 1961, ch 246.
9-20-18. Legislative finding--Actions of municipal governing boards subject to referendum.
The Legislature finds that in making past grants of decision-making authority to municipal governing authorities, its intent was to grant that authority to the governing bodies of municipalities and that such actions, unless otherwise excluded from the referendum and initiative process by other state law, are subject to the initiative and referendum process. Therefore, the contrary holding in Baker v. Jackson, 372 NW2d 142 (SD, July 31, 1985) is hereby abrogated.
Source: SL 1986, ch 73, § 1.
9-20-19. Legislative decision of governing body subject to referendum--Administrative decision not subject to referendum.
Any legislative decision of a governing body is subject to the referendum process. A legislative decision is one that enacts a permanent law or lays down a rule of conduct or course of policy for the guidance of citizens or their officers. Any matter of a permanent or general character is a legislative decision.
No administrative decision of a governing body is subject to the referendum process, unless specifically authorized by this code. An administrative decision is one that merely puts into execution a plan already adopted by the governing body itself or by the Legislature. Supervision of a program is an administrative decision. Hiring, disciplining, and setting the salaries of employees are administrative decisions.
Source: SL 1986, ch 73, § 2.
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.
9-21-1. Fiscal year of municipalities.
The fiscal year of each municipality shall commence on the first day of January of each year.
Source: SL 1890, ch 37, art VII, § 7; SL 1890, ch 37, art XV, § 1; RPolC 1903, § 1295; SL 1913, ch 119, § 114; RC 1919, § 6333; SL 1921, ch 298; SDC 1939, § 45.1401.
9-21-2. Annual appropriation ordinance--Time of introduction--Contents--Enterprise and trust and agency funds.
The governing body of each municipality shall, no later than its first regular meeting in September of each year or within ten days thereafter, introduce the annual appropriation ordinance for the ensuing fiscal year, in which it shall appropriate the sums of money necessary to meet all lawful expenses and liabilities of the municipality. The ordinance shall specify the function and subfunction as prescribed by the Department of Legislative Audit for which the appropriations are made and the amount appropriated for each function and subfunction, which amount shall be appropriated from the proper fund. It is not necessary to appropriate revenue to be expended from an enterprise or trust and agency fund if the fund is not supported or subsidized by revenue derived from the annual appropriated tax levy. However, an annual budget for these funds shall be developed and published no later than December thirty-first of each year.
Source: SL 1890, ch 37, art XV, § 2; RPolC 1903, § 1296; SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (1); SL 1983, ch 58; SL 1984, ch 58; SL 1985, ch 63.
9-21-3. Appropriations limited to municipal powers.
No money belonging to any municipality shall be appropriated except for such objects and the defraying of such expenses as necessarily arise in the exercise of the powers granted to it.
Source: PolC 1877, ch 24, § 24; CL 1887, § 1045; RPolC 1903, § 1443; RC 1919, § 6345; SDC 1939, § 45.1406.
9-21-5. Appropriations for support of Civil Air Patrol.
The governing bodies of municipalities may contribute sums of money annually to the support of units of the Civil Air Patrol located in their respective municipalities. For the purposes of carrying out the provisions of this section, such governing bodies may appropriate out of the general funds of their respective municipalities.
Source: SL 1964, ch 146.
9-21-6. Classification of expenditures in annual appropriation ordinance.
The classification of expenditures in the annual appropriation ordinance of municipalities of the first and second class shall conform to the uniform classification in the municipal accounting manual published in accordance with § 4-11-6.
Source: SL 1925, ch 115, ch II, art III, § 3; SL 1931, ch 107; SL 1933, ch 57, § 1; SL 1937, ch 106; SDC 1939, § 45.1403; SL 1957, ch 249; SL 1971, ch 62; SL 1977, ch 73, § 2.
9-21-6.1. Line item for contingencies--Maximum amount--Transfer to other appropriations.
In preparing the annual estimate of expenses as provided by § 9-22-23, the auditor or clerk may include in the budget a line item for contingencies. The line item shall be included in the annual budget adopted pursuant to § 9-21-2 and shall not exceed five percent of the total municipal budget. No expenditures shall be charged to this item but such appropriated amount may be transferred, by resolution of the municipal governing body, to any other appropriation in which insufficient amounts were provided or for items for which no appropriation was provided.
Source: SL 1975, ch 95, § 1.
9-21-7. Supplemental appropriation ordinance for indispensable functions or discharge of municipal duties.
In the event of the failure to provide by the annual appropriation ordinance, sufficient revenue to enable the municipality to conduct the indispensable functions of government in any department, or to discharge any duty which it is the lawful duty of the municipality to discharge and which requires the incurring of liabilities or expenditures of funds for a purpose or object for which no provision has been made in the annual appropriation ordinance for such fiscal year, and when any of such occasions arise the governing body of such municipality may make, approve and adopt a supplemental appropriation ordinance, providing therein for appropriations for any or such purposes in such amounts as said governing body may determine necessary and such supplemental appropriation ordinance shall set out in detail each item for which an appropriation is made and the amount thereof. The adoption of such supplemental appropriation ordinance shall be governed by the same laws pertaining to the adoption of the annual appropriation ordinance.
Source: SDC 1939, § 45.1402 (3) as added by SL 1953, ch 257.
9-21-8. Additional appropriations prohibited--Bond authorization as appropriation.
No further appropriations shall be made at any other time for such fiscal year, except as provided in §§ 9-21-2 and 9-21-7. Whenever the governing body is authorized by the voters to issue bonds for a specific purpose, it shall be deemed an appropriation to the extent of the bonds authorized.
Source: SL 1890, ch 37, art XV, § 2; RPolC 1903, § 1296; SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (4).
9-21-9. Expenditures limited to appropriated amounts.
Neither the governing body nor any department or officer of the municipality shall add to the municipal expenditures in any fiscal year any sum in excess of the amount provided for in the annual appropriation ordinance except as otherwise specially provided. Nor shall the amount spent for any purpose or any department exceed the total amount appropriated for such purpose or for such department in the annual appropriation ordinance for such year, except as otherwise specially provided.
Source: SL 1890, ch 37, art XV, § 3; RPolC 1903, § 1297; SL 1913, ch 119, § 116; RC 1919, § 6335; SL 1921, ch 295, § 2; SL 1933, ch 152; SDC 1939, § 45.1404; SL 1939, ch 187; SL 1949, ch 184.
9-21-9.1. State, county and federal grants expended without provision in appropriation ordinance--Publication.
Any funds made available after the final appropriation ordinance is adopted by a municipality from state, county, and federal grants for expenditure by the municipality shall be paid into the municipal treasury and may be expended without specific provision in the appropriations ordinance of the municipality. In this case the governing body shall publish, in the official newspaper of the municipality, the purpose for which the expenditures were made and to whom the expenditures were made.
Source: SL 1973, ch 42, § 2; SL 1980, ch 56, § 2.
9-21-9.2. Restoration of funds on reimbursement from other subdivisions, departments, or insurance.
If the governing board of any municipality authorizes lawful expenditures from any specific fund for the use or benefit of another municipal department or political subdivision or expenditures to be reimbursed by insurance claims, the reimbursement for such expenditures shall be restored to the fund from which originally withdrawn and the deposit of the same shall restore the budget of such fund in the amount of the reimbursement.
Source: SL 1975, ch 87; SL 1976, ch 81.
9-21-10. Contracts prohibited unless covered by appropriation or bonds.
Except as otherwise provided no contract shall be made by the governing body of any municipality and no expense shall be incurred by any department or any officer thereof, whether ordered by the governing body or not, unless an appropriation shall have been previously made concerning such expense, or the governing body authorized to issue bonds for a specific purpose.
Source: SL 1890, ch 37, art XV, § 4; RPolC 1903, § 1298; RC 1919, § 6336; SL 1921, ch 295, § 3; SL 1925, ch 233; SDC 1939, § 45.1405; SL 1941, ch 199; SL 1953, ch 258; SL 1959, ch 269.
9-21-11. Long-term contracts authorized for utility services and improvement of irrigable lands--Appropriation required--Referendum.
The governing body may enter into a contract for any term of years as the governing body may determine with any person or any rural water system, water user district, sanitary district, water project district, or like organization for the purchase by the municipality of water, gas, or electricity. If a contract is entered into with the United States government, or any agency or department thereof, providing for the sale and purchase of water or the acquisition of a municipal water supply, the contract may be for any term of years as said governing body may determine, or for the leveling or improvement of irrigable lands belonging to the municipality, which lands were on February 20, 1953, located and situated within the boundaries of an existing irrigation district. If any contract entered into pursuant to this section extends 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. The governing body shall annually thereafter appropriate an amount sufficient to cover the amount payable or estimated to become payable under such contract during the ensuing fiscal year.
Such contracts shall be subject to referendum as ordinances.
Source: SL 1925, ch 233; SDC 1939, § 45.1405; SL 1941, ch 199; SL 1953, ch 258; SL 1959, ch 269; SL 1974, ch 72; SL 1991, ch 71.
9-21-12. Authorization of depreciation reserve within proprietary fund.
The governing body of a municipality may by resolution create a depreciation reserve within each proprietary fund, as necessary, not to exceed the accumulated depreciation of the fixed assets of the respective fund.
Source: SL 1951, ch 247, § 1; SDC Supp 1960, § 45.0201-1 (9); SL 1978, ch 62, § 8; SL 1991, ch 72.
9-21-13. Purposes of depreciation or capital replacement reserves.
The depreciation or the capital replacement reserves shall be used only to replace and repair equipment belonging to the municipality and may not be used for the acquisition of equipment which would represent a substantial expansion in the total amount of equipment belonging to the municipality. Equipment for the purposes of this section shall mean properties commonly considered as representing capital outlay rather than operating expense outlay and shall include municipally owned buildings and lands.
Source: SL 1951, ch 247, § 2; SDC Supp 1960, § 45.0201-1 (9); SL 1994, ch 69, § 2.
9-21-14.1. Accumulation of funds for capital outlay purposes--Maximum amount.
The governing body of a municipality may by resolution authorize the accumulation of funds for a period longer than one year for specific capital outlay purposes otherwise authorized by law. For the purpose of this section, capital outlay purposes means purposes which result in the acquisition of or additions to plant, or equipment, including expenditures for land, existing facilities, improvement of grounds, construction of facilities, additions to facilities, remodeling of facilities, or for the purchase of equipment. The governing body shall establish a maximum amount allowed to be accumulated in the fund.
Source: SL 1979, ch 55, § 1; SL 1980, ch 68, § 1; SL 1989, ch 75, § 1; SL 2016, ch 53, § 2.
9-21-14.2. Vote required for capital outlay accumulation--Time of expenditure--Reversion of unused funds.
The resolution authorized by § 9-21-14.1 shall be enacted by a two-thirds vote of the governing body and shall set forth clearly the purposes for which the funds are to be accumulated and the maximum amount that may be accumulated. The funds to be accumulated shall be expended within sixty months from the date of the resolution. If the specific purposes for which the funds are accumulated are deemed no longer necessary, these funds shall revert to the general fund.
Source: SL 1979, ch 55, §§ 2, 4.
9-21-15. Replacement or repair required by unanticipated event--Borrowing and addition to tax levy.
No expenditure for any improvement, replacement, repair or service shall exceed in any one year the amount provided therefor in the annual appropriation ordinance of a municipality, except that the governing body may expend the proceeds of any bond issue authorized by the voters of the municipality, or in case of emergency, by a unanimous vote, may by resolution order any improvement, replacement, repair or lawful service the necessity of which is caused by any casualty, accident, circumstances or event happening after such annual appropriation ordinance is made which could not have reasonably been anticipated at the time of making the annual appropriation ordinance. The governing body may order the mayor or president to borrow in the name of the municipal corporation, with the attest of the auditor or clerk, a sufficient amount to provide for the necessary expense to be incurred in making any improvement, replacement or repair and in furnishing such service the necessity of which has so arisen, for a period not exceeding the close of the next fiscal year, which sum and interest shall be added to the amount authorized to be raised by the next general tax levy.
Source: SDC 1939, § 45.1404; SL 1939, ch 187; SL 1949, ch 184.
9-21-16. Surplus funds used for replacement or repair required by unanticipated event.
If the municipal corporation has on hand any unappropriated money, or money not raised by taxation, loan, or assessment, which can be spared for the purpose described in § 9-21-15 and which has not been pledged for the payment of any indebtedness of the municipality, or any money in any fund which the governing body by unanimous vote determines will not be needed for any other municipal purpose during the current fiscal year, such money may be transferred by the governing body, by unanimous vote, in order to provide in whole or in part the money made necessary by such unanticipated events or circumstances, and such money may be used in lieu of such borrowing or the borrowing may be supplementary thereto.
Source: SDC 1939, § 45.1404 as added by SL 1949, ch 184.
9-21-16.1. Casualty reserve fund authorized--Limitation on amount and use of fund--Interest.
The governing body of a municipality may, by resolution or ordinance, establish a fund to be designated the casualty reserve fund and the governing body may, in their annual appropriation, set forth a specific amount for such fund. The amount appropriated shall be transferred to such fund. However, at no time may the money in such fund exceed the sum of one hundred thousand dollars. The money in the fund may be expended only for the payment of expenses to replace and repair property of the municipality which was damaged or lost as a result of a casualty loss. If this fund is at the maximum amount allowed, the interest earned from the investment of the fund shall be placed in the municipality's general fund.
Source: SL 1968, ch 189; SL 1977, ch 75; SL 1986, ch 74.
9-21-17. Judgment against municipality--Borrowing--Maximum tax levy to pay judgment.
If any judgment is obtained against the municipality, it may borrow for a space of time not exceeding the close of the fiscal year a sum sufficient to pay the judgment, if a tax levy of ten dollars per thousand dollars of taxable valuation of the municipality will be sufficient to pay all judgments subsisting and final at the time of making the levy. No tax levy greater than ten dollars per thousand dollars of taxable valuation of any municipality, may be made in any one year for the payment of a judgment or judgments. If a levy of ten dollars per thousand dollars of taxable valuation per year on such valuation will be insufficient to pay any final judgment within ten years from the date it becomes final in a municipality with a population in excess of five hundred, a tax levy may be made of any amount sufficient to pay every judgment and the interest thereon in ten equal installments within ten years from the date it becomes final. In a municipality with a population of five hundred or less a tax levy of ten dollars per thousand dollars of taxable valuation of such municipality may be made for the payment of the judgment and the interest thereon. However, the levy may not be made for a period in excess of nineteen years for the purpose of payment of any one judgment.
Source: SL 1890, ch 37, art XV, § 3; RPolC 1903, § 1297; SL 1913, ch 119, § 116; RC 1919, § 6335; SL 1921, ch 295, § 2; SL 1933, ch 152; SDC 1939, § 45.1404; SL 1939, ch 187; SL 1949, ch 184; SL 1983, ch 60.
9-21-18. Contracts exceeding maximum tax levy as misdemeanor--Personal liability of authorizing officer.
It is a Class 2 misdemeanor for the officers of any municipality, unless expressly authorized by law, to contract any debt or incur any pecuniary liability, for the payment of either the principal or interest, for which during the current year or any subsequent year it will be necessary to levy on the taxable property of such municipality a higher rate of tax than the maximum rate prescribed by law.
Every such contract shall be null and void in regard to any obligation thereby imposed on the municipality on behalf of which such contract purports to be made.
Every officer who makes or participates in making or authorizes the making of any such contract shall be held individually liable for its performance.
Every officer present when any such unlawful contract was made or authorized to be made shall be deemed to have made or to have participated in making or to have authorized the making of the same, as the case may be, unless he dissented therefrom and entered or caused to be entered such dissent on the records of such municipality.
Source: SL 1897, ch 28, § 140; RPolC 1903, § 2243; RC 1919, § 6957; SDC 1939, § 45.1416; SL 1981, ch 43, § 17.
9-21-18.1. Municipality authorized to enter into lease-purchase agreements.
The provisions of § 9-21-18 or any other provision of law notwithstanding, any municipality may enter into a lease-purchase agreement for a term of years, not exceeding ten years for equipment and twenty years for an improvement to real property, for the purchase or lease by the municipality of real or personal property. Any lease-purchase agreement for a term exceeding one year requires the approval of more than sixty percent of the members-elect of the governing body of the municipality.
Source: SL 1995, ch 37, § 2; SL 2018, ch 52, § 1.
9-21-19. Annual tax levy included in appropriation ordinance--Apportionment among funds, bond interest, and debt service funds.
The annual appropriation ordinance of each municipality shall also contain the annual tax levy, which for all purposes except park purposes shall not exceed the limitations prescribed by law. It shall apportion among the various funds provided for therein the amount levied for general purposes and shall designate the amount to be applied upon each fund. It shall also specify the amount levied to pay the interest on each outstanding bond issue, and the amount levied for the purpose of each debt service fund established to pay the principal of each series of bonds when matured.
Source: SL 1890, ch 37, art X, § 7; RPolC 1903, § 1229, subdiv 3; SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (2).
9-21-20. Certification of annual tax levy to county auditor.
Immediately upon the passage and publication of the annual appropriation ordinance the auditor or clerk shall certify the tax levies therein made to the county auditor in the county in which the first or second class municipality is situated in the following form:
For general purposes ..........
For interest and debt service fund ..........
Source: SL 1913, ch 119, § 115; RC 1919, § 6334; SL 1921, ch 295, § 1; SDC 1939, § 45.1402; SL 1953, ch 257; SDC Supp 1960, § 45.1402 (5); SL 1992, ch 60, § 2.
9-21-21. Warrants limited by tax levy--Violation as misdemeanor--Removal of offender from office.
No liability may be incurred against the municipality in excess of the total appropriation of the fund.
No liability may be incurred under any appropriation for which a warrant cannot be drawn as herein provided.
No member of the governing body may vote to incur a liability or to issue a warrant, nor may any mayor or finance officer sign, issue, or deliver any warrant, nor may any finance officer pay any warrant, issued in violation of the provisions of this section. A violation of this section is a Class 2 misdemeanor.
Upon conviction of a violation of this section the court in which such conviction is had may in its discretion enter an order removing the member of the governing body or other officer so convicted from his office.
Source: SL 1890, ch 37, art XV, § 3; RPolC 1903, § 1246; SL 1913, ch 119, § 119; SL 1915, ch 117, § 1; RC 1919, § 6342; SDC 1939, §§ 45.1414, 45.9902; SL 1976, ch 82; SL 1981, ch 43, § 18; SL 1993, ch 72.
9-21-22. Maximum obligations under appropriation.
No obligation under any appropriation shall be incurred or warrant drawn in excess of seventy-five percent of the tax levy made for the fund provided for such appropriation for the current fiscal year and seventy-five percent of the cash in the treasury in such fund derived from sources other than such tax levy prior to the second Monday in May of each fiscal year, except under appropriation made exclusively for the purchase of land or buildings or the erection of buildings for the municipality.
Source: SL 1890, ch 37, art VII, § 3; RPolC 1903, § 1246; SL 1913, ch 119, § 120; SL 1915, ch 117, § 2; RC 1919, § 6343; SDC 1939, § 45.1415.
9-21-23. Proration of expenditures under appropriation for more than one year.
In all cases where appropriations of money are authorized and made for periods longer than one year, the expenditure thereof in any one year shall never exceed the proportion which one year of time bears to the whole time, unless otherwise expressly provided.
Source: SL 1890, ch 108, § 1; RPolC 1903, § 310; RC 1919, § 6959; SDC 1939, § 45.1417.
9-21-24. Highway taxes paid to municipal treasurer quarterly--Purposes for which expended.
All highway taxes collected as personal taxes from residents of any municipality and all highway taxes collected on account of real or personal property situated within any municipality by the treasurer of the county in which such municipality is located, shall be turned over quarterly by such treasurer to the treasurer of such municipality to be expended under the direction of its governing body in the improvement of the streets, alleys, highways, or public grounds thereof.
This section shall not apply to taxes levied by the county and state.
Source: SL 1887, ch 147, § 1; CL 1887, § 1167; RPolC 1903, § 1534; RC 1919, § 6524; SL 1919, ch 333, § 67; SDC 1939, § 45.1426.
9-21-24.1. Encumbrance of unexpended appropriations for obligations incurred but not paid.
The governing body may by resolution not later than its first meeting in February encumber that portion of unexpended appropriations from the prior year for which applicable obligations were incurred but were not paid. The resolution shall state the appropriation account and amount encumbered. The auditor, clerk, or finance officer shall keep a detailed listing by payee and amount supporting such amount shown in the resolution for examination at the time of audit.
Source: SL 1971, ch 61; SL 1976, ch 74, § 1; SL 1979, ch 56.
9-21-25. Diversion of money belonging to funds prohibited.
Except as herein provided no money belonging to any fund shall ever be diverted to the use of any other fund, and no warrant shall be drawn upon any fund not properly chargeable to such fund.
Source: SL 1913, ch 119, § 118; RC 1919, § 6341; SDC 1939, § 45.1413; SL 1939, ch 187; SL 1955, ch 204; SL 1965, ch 213.
9-21-25.1. Contingency amount included in general fund appropriation--Transfers from other funds--Maximum contingency fund balance.
The amount to be budgeted for the contingency pursuant to § 9-21-6.1 shall be included in the appropriation for the municipal governing body out of general fund revenues. When transfers are made from the contingency budget to other appropriations, whose revenue is provided by other than general fund revenues, a transfer of fund balances may be made from the municipal general fund to such other fund in the amount of the budget transfer. At no time shall the balance in the contingency fund exceed five percent of the total municipal budget.
Source: SL 1975, ch 95, § 2.
9-21-26.1. Transfer of surplus funds--Restrictions.
The governing body may by a two-thirds vote transfer the surplus money in any of the several funds to any other fund or funds or may appropriate such surplus money to the payment of any outstanding indebtedness of the municipality. No money in any fund may be transferred unless a sufficient amount is left to pay all outstanding warrants drawn against the fund, together with any other indebtedness or contemplated expenditures from the fund for the current fiscal year. No money may be transferred from any sinking or interest fund unless sufficient money is left to pay all interest which may accrue on and the principal of all outstanding bonds. If there remains in the treasury of any municipality an unexpended balance of any special fund, and all claims against such fund have been fully paid, and the purpose for which it was created has been fully served, and there remains no further use for such balance for the purpose for which it was created, the governing board of the municipality may transfer such balance to any other fund of the municipality or subdivision to which such balance belongs. Enterprise funds are not construed to be special funds for purposes of this section.
Source: SL 1993, ch 73, § 2.
9-21-27. Transfer of bond redemption funds allowed if certain amount is retained.
No balance remaining at the end of any fiscal year in any fund raised for the purpose of paying the principal or interest upon the bonded indebtedness of the municipality may be transferred to any other fund unless enough money is retained in the fund to retire all outstanding bonds and to pay any interest which will accrue on the bonds.
Source: SL 1913, ch 119, § 118; RC 1919, § 6341; SDC 1939, § 45.1413; SL 1939, ch 187; SL 1955, ch 204; SL 1965, ch 213; SL 1988, ch 77.
9-21-28. Transfer to school districts of surplus from revenue-producing enterprises--Transfer to funds.
Authority is hereby granted to all municipalities to transfer surplus funds accumulated through special municipal revenue producing enterprises to public school districts operating within the municipality; provided such transfer of funds shall be made through a majority vote of the governing body of the municipality and accepted by a majority vote of the governing body of such school district.
No funds shall be transferred that are acquired through legal tax levy in the municipality. All such funds may be transferred by the school district to the general fund or the capital outlay fund of such school district.
Source: SL 1947, ch 220, §§ 1, 2; SDC Supp 1960, § 45.1436; SL 2005, ch 98, § 2.
9-21-29. Transfer by county of funds received on behalf of municipality--Statement by county auditor of source and amount of funds.
The county treasurer shall transfer, by the twentieth day of the month, all money received during the prior month on behalf of the municipality to each municipality. Whenever any funds which have been collected by the county for the municipality from taxes or from any other source are remitted to the municipality, the county auditor shall send to the municipal finance officer or treasurer a statement showing the exact source and amount of such funds.
Source: SL 1977, ch 74; SL 1988, ch 78, § 1.
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.
The county auditor shall, by the twentieth day of the month, transfer all money received during the prior month on behalf of each municipality to each municipality. Any county failing to distribute the receipts within the time prescribed is subject to an interest charge of one percent per month based on the receipts for the first thirty days of delinquency or part thereof and, thereafter, one percent per month for each month or part thereof. When any funds which have been collected by the county for the municipality from taxes and from any other source are remitted to the municipality, the county auditor shall send to the municipal finance officer a statement showing the exact source and amount of the funds.
Source: SL 1986, ch 75; SL 1988, ch 78, § 2.
9-21-31. Capital replacement reserve fund authorized.
The governing body of a municipality may by ordinance create a capital replacement reserve fund or account for general fixed assets, not to exceed fifty percent of the value of the general fixed assets.
Source: SL 1994, ch 69, § 1.
9-21-32. Internal service fund for equipment purchases authorized--Equipment defined.
The governing body of a municipality may by resolution create an internal service fund to provide for the acquisition of equipment. Moneys may be budgeted and transferred to the fund from any source which may lawfully be used for such purpose, including equipment usage charges on any municipal department or agency. For purposes of this section, the term, equipment, includes machinery, motor vehicles, and any other equipment or personal property.
Source: SL 2005, ch 51, § 1.
9-21-33. Contributions to technical colleges.
The governing body of a municipality may contribute sums of money to provide general operating and capital support to any technical college and other career and technical education purposes. The funds necessary to execute this section may be appropriated from the municipal general fund, the capital outlay fund, or both.
Source: SL 2014, ch 93, § 1, eff. Mar. 28, 2014; SL 2020, ch 61, § 35.
9-21-34. Municipal appropriation--Deadlines.
A municipality may move the deadline for introducing the annual appropriation or budget, contained in § 9-21-2 and subdivision 9-10-15(5), as applicable, to as late as the first regular meeting of the governing board in November. Each municipality that opts to move the deadlines shall, by ordinance, establish budget hearing and publication deadlines pursuant to § 9-19-7.
Source: SL 2021, ch 41, § 1.
9-21-34.1. Municipal appropriation--Moved deadline--Certification.
If a municipality opts to move the budget deadlines, the provisions of § 9-21-20 do not apply. On or before October first, after notice and hearing on the requested levies, the municipal finance officer shall certify the tax levies to the county auditor in the county that the municipality is situated in the following form:
For general purposes..........
For interest and debt service fund..........
Source: SL 2021, ch 41, § 2.
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.
9-21A-1. Legislative intent and purpose.
It is hereby declared to be the legislative intent and purpose of this chapter, pursuant to the provisions of S.D. Const., Art. XI, § 2, that the property within the corporate limits of municipalities be classified as urban and rural for purposes of ad valorem property taxation consistent with the provisions herein.
Source: SL 1972, ch 68, § 1; SL 1974, ch 73, § 1; SL 1994, ch 68, § 1.
9-21A-2. Definition of terms.
Terms as used in this chapter mean:
(1) "Municipality," all municipalities as defined by § 9-2-1;
(2) "Rural property," all platted or unplatted property not developed for commercial, industrial, or urban residential purposes within the corporate limits of municipalities and placed by the governing body thereof within the rural service district as provided by this chapter;
(3) "Urban property," all platted property developed for commercial, industrial, or urban residential purposes within the corporate limits of municipalities and placed by the governing body thereof within the urban service district as provided by this chapter.
Source: SL 1972, ch 68, § 2; SL 1974, ch 73, § 2; SL 1994, ch 68, § 2.
9-21A-3. Establishment of urban service district and rural service district by ordinance.
The governing body of any municipality may by ordinance divide the area within its corporate limits into an urban service district and a rural service district, constituting separate taxing districts for the urban and rural property classified for such purposes by this chapter and for purposes of all the municipal ad valorem property taxes, except those levied for the payment of bonds.
Source: SL 1972, ch 68, § 3; SL 2003, ch 45, § 1.
9-21A-4. Rural service district--Lands included.
The rural service district shall include only such platted or unplatted lands as in the judgment of the governing body at the time of the adoption of the ordinance are rural in character, are used or usable for agriculture, and are not developed for commercial, industrial, or urban residential purposes, and for these reasons are not benefited to the same degree as other lands by municipal services financed by general taxation. The rural service district may include lands which are not contiguous to one another. The ordinance may designate lands outside the municipality which, if annexed, shall be included within the rural service district.
Source: SL 1972, ch 68, § 4.
9-21A-5. Urban service district--Lands included.
The urban service district shall include all lands within the boundaries of the municipality which are not included in the rural service district.
Source: SL 1972, ch 68, § 4.
9-21A-6. Agricultural land annexed--Limitation on tax levy and assessed value.
The ordinance shall determine that the tax levy and assessed value on the agricultural land annexed shall not exceed the average tax levy and average assessed value on unannexed agricultural land in adjoining townships in the county as long as the annexed agricultural land remains rural property as defined by this chapter.
Source: SL 1972, ch 68, § 5.
9-21A-10. Platting or construction in rural district--Report--Transfer to urban district.
Whenever any parcel of land, owned by one person or by two or more persons jointly or in common at the time of its inclusion in the rural service district, is platted, in whole or in part, and whenever application is made for a permit for the construction of a commercial, industrial, or urban residential development or improvement to be situated on such parcel or any part thereof, the board or officer approving such plat or building permit shall report this to the governing body, which shall make and enter an order transferring such parcel from the rural service district to the urban service district.
Source: SL 1972, ch 68, § 8.
9-21A-11. Filing ordinance, amendment, or order with county auditor.
A certified copy of every ordinance, amendment, and order adopted or entered pursuant to this chapter shall be filed with the county auditor before it becomes effective.
Source: SL 1972, ch 68, § 9.
9-21A-12. Certification of tax levy to county auditor--Allocation and spread of levies.
The amount of taxes levied each year by each municipality shall be certified to the county auditor in the manner now or hereafter provided by law. Taxes levied for payment of bonds shall continue to be spread upon all taxable property within the boundaries of the municipality in proportion to the assessed valuation thereof. The remaining amount of the taxes levied each year shall be allocated by the county auditor to the urban service district and the rural service district in amounts proportionate to the current benefit ratio times the current benefit between the full and true values of all taxable property within the urban service district and all taxable property within the rural service district. Within each district, the amount so allocated shall be spread upon all taxable property in proportion to the assessed valuation thereof.
Source: SL 1972, ch 68, § 9.
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.
9-22-1. Receipts paid into municipal treasury--Funds designated by annual appropriation ordinance.
All money belonging to the municipality derived from taxation, licenses, fines, forfeitures, the operation of waterworks or other public utility owned or operated by it, or from any other source, shall be paid into the municipal treasury, and the governing body by the annual appropriation ordinance shall designate to what fund or funds such money shall be applied.
Source: SL 1913, ch 119, § 117; RC 1919, § 6340; SDC 1939, § 45.1412.
9-22-2. Treasurer to receive moneys of municipality--Accounting.
The treasurer shall receive all moneys belonging to the municipality, including taxes, licenses, fines, and income from all other sources, and shall receive special assessments as provided in § 9-22-17 and keep accurate and detailed accounts thereof in such manner as the governing body may from time to time direct.
Source: SL 1890, ch 37, art VIII, § 2; RPolC 1903, § 1248; SL 1913, ch 119, § 69; RC 1919, § 6289; SDC 1939, § 45.1121.
9-22-3. Duplicate receipts given by treasurer--Filing with auditor or clerk.
The treasurer shall give every person paying money into the treasury a duplicate receipt therefor, specifying the date of payment and upon what account paid.
He shall also file copies of such receipts with the auditor or clerk at the date of his monthly report.
Source: SL 1890, ch 37, art VIII, § 6; RPolC 1903, § 1252; SL 1913, ch 119, § 73; RC 1919, § 6293; SDC 1939, § 45.1125.
9-22-4. Assignment of delinquent accounts receivable--Disposition of uncollectible accounts.
Every municipality may assign for collection any or all delinquent accounts receivable. After reasonable collection efforts the governing body may determine that an account is uncollectible, and by formal action direct that the uncollectible amount be removed from the records and disclosed on that year's financial report. Evidence of the debt removed from the records by the formal action of the governing body shall be retained by the municipality to support possible subsequent collection of that debt.
Source: SDC Supp 1960, § 45.0201-1 (23) as added by SL 1964, ch 138; SL 1974, ch 74; SL 1979, ch 57.
9-22-5. Municipal funds kept separate and not used for personal benefit.
The treasurer shall keep all moneys in his hands belonging to the municipality separate and distinct from his own moneys.
He shall not use, directly or indirectly, the municipality's money or warrants in his custody for his own benefit or that of any other person.
Source: SL 1890, ch 37, art VIII, § 7; RPolC 1903, § 1253; SL 1913, ch 119, § 74; RC 1919, § 6294; SDC 1939, § 45.1126.
9-22-6. Designation of depositories for municipal funds.
The governing body shall designate the depository or depositories in which the funds belonging to the municipality shall be deposited. Such depository or depositories shall be a bank or banks within the State of South Dakota, unless otherwise specifically provided by law.
Source: SL 1913, ch 119, § 122; RC 1919, § 6344; SL 1919, ch 272; SL 1921, ch 335; SL 1925, ch 236; SL 1929, ch 188; SDC 1939, § 45.1423; SL 1943, ch 166; SL 1959, ch 270; SL 1974, ch 39, § 15.
9-22-6.1. Savings and loan associations as official depositories.
Domestic savings and loan associations whether chartered by this state or by the United States are official depositories for municipal funds; provided such funds are invested only in the accounts of such associations which are insured by the Federal Savings and Loan Insurance Corporation. The amount so invested in any one association may not exceed the amount which is covered by such insurance unless such association qualifies as a savings and loan depository as provided by chapter 4-6A.
Source: SL 1974, ch 303; SL 1982, ch 45, § 3.
9-22-6.2. Domestic federal credit union as official depository--Requirement.
Any domestic federal credit union chartered by the United States is a qualified public depository for municipal funds if such funds are invested in accounts which are insured by the National Credit Union Administration.
Source: SL 1987, ch 71, § 2.
9-22-11. Interest from deposited funds property of municipality.
All interest derived from the deposit of its funds shall be the property of the municipality.
Source: SL 1913, ch 119, § 122; RC 1919, § 6344; SL 1919, ch 272; SL 1925, ch 236; SL 1929, ch 188; SDC 1939, § 45.1423; SL 1943, ch 166; SL 1959, ch 270; SL 1981, ch 69.
9-22-12. Investment of debt service funds, surplus, utility revenues and bond proceeds--Special assessment bonds and certificates--Interest on investments.
Every municipality maintaining a debt service fund for the payment of outstanding bonds, and every municipality having outstanding revenue bonds and having accumulated "surplus funds" as contemplated by §§ 9-40-30 and 9-40-32, and every municipality owning a public utility or public utilities and having an accumulation of earned reserve or earned surplus funds therefrom, and every municipality having sold its bonds, the proceeds from the sale of which, in the opinion of the governing body, are temporarily not required to carry out the purpose for which the bonds were issued shall keep the accumulations in said funds deposited with the lawful depositories, or invested in registered warrants or bonds of any municipal or public corporation, including those of the municipality issuing such bonds, of the State of South Dakota, or bonds of the United States, or bonds or securities of any kind issued by the State of South Dakota. Nothing herein contained, however, shall be deemed to prevent the transfer, when authorized by law, of special assessment bonds and certificates issued on account of any local improvement to the debt service fund for general obligation bonds, the proceeds of which have been used to finance such improvement. The interest accruing on such investment shall be credited to such fund from which the investment was made.
Source: SL 1915, ch 277; RC 1919, § 6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, § 45.2310; SL 1941, ch 200; SL 1949, ch 190, § 5.
9-22-13. Maturity dates of securities in which debt service funds invested.
Moneys in any debt service fund shall be invested only in such of the securities named in § 9-22-12 as will become due and payable on or before the date when the bonds for the payment of which such debt service fund was created become due and payable, except bonds of the United States or of the State of South Dakota.
Source: SL 1915, ch 277; RC 1919, § 6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, § 45.2310; SL 1941, ch 200; SL 1949, ch 190, § 5.
9-22-14. Tax levy to retire bonds held by debt service fund.
If a municipal debt service fund is invested in other bonds of such municipality, there shall be a levy of a tax upon the taxable property of such municipality of sufficient amount to pay the interest and also the principal thereof when due, and such tax when collected shall be returned to the respective fund for that purpose.
Source: SL 1915, ch 277; RC 1919, § 6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, § 45.2310; SL 1941, ch 200; SL 1949, ch 190, § 5.
9-22-15. Resolution required for investment transactions.
In carrying out the provisions of §§ 9-22-12 to 9-22-14, inclusive, all transactions shall be by resolutions of the governing body.
Source: SL 1915, ch 277; RC 1919, § 6999; SL 1923, ch 264; SL 1927, ch 189; SL 1933, ch 164; SDC 1939, § 45.2310; SL 1941, ch 200; SL 1949, ch 190, § 5.
9-22-16. Separate accounting for funds and appropriations.
The treasurer shall keep a separate account of each fund or appropriation and of the debits and credits belonging thereto.
Source: SL 1890, ch 37, art VIII, § 5; RPolC 1903, § 1251; SL 1913, ch 119, § 72; RC 1919, § 6292; SDC 1939, § 45.1124.
9-22-17. Receipt and application of special assessment money--Cancellation of certificates.
All money received on any special assessment shall be held by the finance officer in its respective fund to be applied only to the payment of the improvements for which the assessment was made. All special assessment certificates received by the finance officer shall immediately be canceled and preserved as vouchers in his office.
Source: SL 1890, ch 37, art VIII, § 9; RPolC 1903, § 1255; SL 1913, ch 119, § 76; RC 1919, § 6296; SDC 1939, § 45.1128; SL 1988, ch 81, § 7.
9-22-18. Register of warrants paid--Examination by finance committee.
The treasurer shall also keep a register of all warrants paid during the year, describing such warrants, their date, amount, number, the fund from which paid, and person to whom paid, specifying also the time of payment.
All such warrants shall be examined by the finance committee of the governing body at the time of making the report required by § 9-22-20.
Source: SL 1890, ch 37, art VIII, § 8; RPolC 1903, § 1254; SL 1913, ch 119, § 75; RC 1919, § 6295; SDC 1939, § 45.1127.
9-22-19. Treasurer's monthly settlement with auditor or clerk.
The treasurer shall have a settlement with the auditor or clerk at the end of every month and turn over all warrants, interest coupons, bonds, or other evidence of indebtedness which may have been paid by him during the month, taking the receipt of the auditor or clerk therefor, and all such evidences of indebtedness shall be canceled by him and have written or stamped thereon the date of their payment.
Source: SL 1890, ch 37, art VIII, § 2; RPolC 1903, § 1248; SL 1913, ch 119, § 69; RC 1919, § 6289; SDC 1939, § 45.1121.
9-22-20. Treasurer's reports to governing body.
The treasurer shall report to the governing body at such time as may be prescribed by ordinance, giving a full and detailed account of all receipts and expenditures since his last report, and the state of the treasury.
Source: SL 1890, ch 37, art VIII, § 8; RPolC 1903, § 1254; SL 1913, ch 119, § 75; RC 1919, § 6295; SDC 1939, § 45.1127.
9-22-21. Annual financial report--Publication--Filing.
The financial officer shall report to the governing body no later than the first regular meeting of May of each year, the receipts, expenses and financial condition of the municipality. The report shall include the amount of funds in the treasury at the time the report is made and where and in what amounts the funds are deposited or invested. The report shall be published in the official newspaper, or any other newspaper as the governing body may direct within thirty days after the report is made to the governing body or on completion of an annual audit. By the last day of May each year the financial officer shall file a copy of the report with the Department of Legislative Audit.
Source: SDC 1939, § 45.1120; SL 1961, ch 248; SL 1974, ch 75; SL 1977, ch 73, § 3; SL 1983, ch 61; SL 1997, ch 50, § 1; SL 2018, ch 53, § 1.
9-22-22. Bond record maintained by auditor or clerk.
The auditor or clerk shall make and keep a list of outstanding municipal bonds, to whom issued, for what purpose, when and where payable, and the rate of interest they respectively bear, and recommend such action to the governing body as will secure the prompt payment of the principal and interest of such bonds.
Source: SL 1890, ch 37, art VII, § 2; RPolC 1903, § 1245; SL 1913, ch 119, § 66; RC 1919, § 6286; SL 1921, ch 314; SDC 1939, § 45.1120; SL 1961, ch 248.
9-22-23. Annual estimate by auditor or clerk of expenses and revenue.
The auditor or clerk shall report annually, on or before the first day of September, to the governing body an estimate of the expenses of the municipality and likewise the revenue necessary to be raised for the current year. In municipalities of the first and second class, the budget form shall be similar to that recommended in the municipal accounting manual provided by § 4-11-6.
Source: SL 1890, ch 37, art VII, § 2; RPolC 1903, § 1245; SL 1913, ch 119, § 66; RC 1919, § 6286; SL 1921, ch 314; SDC 1939, § 45.1120; SL 1961, ch 248; SL 1971, ch 63; SL 1977, ch 73, § 4.
9-22-24. Municipal interfund loans.
Upon approval by the governing body, any unrestricted cash in any municipal fund may be loaned to any other municipal fund.
Source: SL 2010, ch 44, § 1.
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.
9-23-1. Itemized invoice and verified voucher required for claim--Prepayment of claims.
Before any claim against any municipality for any property or services for which it is liable is allowed, an itemized invoice accompanied by a voucher verified by the appropriate municipal official that the services, other than those provided by municipal employees, or materials have been received. The invoice and voucher required by this section shall be filed in the office of the municipal finance officer. However, the governing body of any municipality may authorize the prepayment of claims against the municipality for services before they have been provided if the municipality has adopted an ordinance in advance that specifies the maximum amount allowable for any such prepayment and if a service contract exists.
Source: SL 1909, ch 128, § 1; RC 1919, § 6337; SDC 1939, § 45.1407; SL 1983, ch 122, § 3; SL 2013, ch 38, § 1.
9-23-2. Claim to be itemized--Memorandum in minutes of governing body.
No claim against any municipality shall be audited or allowed unless it be fully itemized and a memorandum of the same entered upon the minutes of the meetings of the governing body.
Source: PolC 1877, ch 24, § 25; CL 1887, § 1046; RPolC 1903, § 1444; SL 1907, ch 1; RC 1919, § 6346; SDC 1939, § 45.1410.
9-23-2.1. Municipal board requisitions for warrants--Signatures.
Unless otherwise ordered by the governing body or specially provided, all funds to be expended by duly authorized municipal boards shall be by written requisition, signed by the board president, or in his absence or disability, the vice president, and countersigned by the board secretary, upon the city auditor or finance officer, as the case may be, for warrants upon the city treasurer to be issued as provided in § 9-23-3.
Source: SL 1973, ch 53, § 1.
9-23-3. Warrant required for disbursements from treasury--Bonds and coupons.
Unless otherwise ordered by the governing body or specially provided, no money shall be paid out of the treasury except upon the warrant of the mayor or president of the board of trustees, countersigned by the auditor or clerk, except bonds and interest coupons, which when due may be paid upon presentation, or in case the same are payable at some place other than the municipality, then the money for their redemption shall be sent to the place where they are payable in time to meet such payment when due.
Source: PolC 1877, ch 24, § 26; CL 1887, § 1047; SL 1890, ch 37, art VIII, § 3; RPolC 1903, §§ 1249, 1445; SL 1913, ch 119, § 70; RC 1919, § 6290; SDC 1939, § 45.1122.
9-23-4. Warrants paid or registered on presentation.
Every warrant on the municipal treasurer shall be paid upon presentation if there is sufficient money in the fund upon which it is drawn to pay the same. If not paid, it shall be registered as provided by law.
Source: SL 1890, ch 37, art VIII, § 4; RPolC 1903, § 1250; SL 1913, ch 119, § 71; RC 1919, § 6291; SDC 1939, § 45.1123.
9-23-5. Warrants paid in order of presentation.
All warrants upon the treasurer shall be paid out of the fund on which they were drawn in the order of their presentation.
Source: SL 1874-5, ch 74, § 1; PolC 1877, ch 50, § 1; CL 1887, § 1671; SL 1890, ch 37, art VIII, § 4; RPolC 1903, §§ 1250, 2251; SL 1913, ch 119, § 71; SL 1913, ch 359; RC 1919, §§ 6291, 6973; SDC 1939, §§ 45.1123, 45.1418; SL 1950 (SS), ch 11, § 1.
9-23-6. Notation on back of paid warrant.
The treasurer shall note on the back of each warrant presented the date of such presentation, when payment is made, and the date of such payment.
Source: SL 1890, ch 37, art VIII, § 4; RPolC 1903, § 1250; SL 1913, ch 119, § 71; RC 1919, § 6291; SDC 1939, § 45.1123.
9-23-7. Endorsement of warrant for payment by depository.
Every warrant for the payment of money issued by any municipality, which is not registered because of lack of funds with which to pay such warrant, shall be countersigned by the treasurer of such municipality, who shall also endorse on such warrant an order to the depository, by which such warrant is to be paid, to pay such warrant to the order of the payee and charge the same to the account of such treasurer. Such warrant so countersigned and endorsed shall have the same force and effect as a check drawn by said treasurer upon such depository. No such warrant shall be paid by the depository unless so countersigned and endorsed by such treasurer. No warrant shall be countersigned by the treasurer so long as there are any registered warrants outstanding.
Source: SL 1953, ch 500; SDC Supp 1960, § 45.1438.
9-23-8. Warrant register maintained by treasurer--Contents.
The treasurer shall keep a warrant register which shall show the number, date, and amount of each warrant presented, the particular fund upon which the same is drawn, the date of presentation, the name and address of the person in whose name the same is registered, the date of payment when made, the amount of interest and the total amount paid thereon, with the date when notice to the person in whose name such warrant is registered is mailed as provided in § 9-23-19.
Source: SL 1874-5, ch 74, § 2; PolC 1877, ch 50, § 2; CL 1887, § 1672; RPolC 1903, § 2252; SL 1913, ch 359; RC 1919, § 6974; SDC 1939, § 45.1420.
9-23-9. Registration of warrants presented but not paid.
Whenever any warrant shall be presented to the treasurer for payment and there shall be no funds in the treasury appropriated for that purpose, he shall enter such warrant in his warrant register for payment in the order of presentation.
Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 45.1421.
9-23-10. Endorsement of warrants not paid for want of funds--Registration not required.
Upon each warrant registered pursuant to § 9-23-9, the treasurer shall endorse the registry number, date of registration, and the words "not paid for want of funds," and sign such endorsement.
The holder of any warrant need not register the same.
Source: SL 1874-5, ch 74, § 3; PolC 1877, ch 50, § 3; CL 1887, § 1673; SL 1893, ch 57, § 1; RPolC 1903, § 2253; RC 1919, § 6975; SDC 1939, § 45.1421.
9-23-11. Registered warrants paid in order of registration.
All such registered warrants shall be paid in the order of their registration.
Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 45.1422.
9-23-12. Interest payable on warrants not paid for want of funds.
Warrants shall draw interest after presentation for payment at the Office of the Treasurer and endorsement by that officer as "not paid for want of funds" at a rate of interest to be determined by the governing body of the municipality.
Source: SL 1927, ch 149; SDC 1939, § 45.1418; SL 1950 (SS), ch 11, § 1; SL 1982, ch 74.
9-23-13. Resolution for annual payment of interest on register of warrants.
The governing body may determine by resolution that interest shall be paid annually on all outstanding registered warrants of such municipality.
Source: SL 1933, ch 160, § 1; SDC 1939, § 45.1419.
9-23-15. Call of registered warrants for annual payment of interest.
As soon as there is sufficient money in said special warrant interest fund to pay one year's interest on one or more outstanding warrants, the treasurer shall notify the holder of the oldest registered warrant or warrants to present the same for payment of interest. The treasurer shall continue to call outstanding warrants for payment of interest in the order of registration as fast as funds are available therefor except as herein provided.
No warrant shall be called for payment of interest until the same shall have been registered for at least one year.
Source: SL 1933, ch 160, § 2; SDC 1939, § 45.1419.
9-23-16. Loss of priority by failure to present warrant for annual interest--Name and address filed with treasurer.
Any warrant holder who shall fail to present his warrant to the treasurer within thirty days after the treasurer shall have mailed him notice to present the same, addressed to such holder's last known address, shall lose his right to payment in the order provided in § 9-23-15. No holder of a registered warrant shall be entitled to payment in the order provided in § 9-23-15 unless he shall first have filed with the treasurer a description of the warrant or warrants held by him and his name and post office address.
Source: SL 1933, ch 160, § 2; SDC 1939, § 45.1419.
9-23-17. Endorsement and receipt for annual interest payment.
All interest payments shall be endorsed by the treasurer on the back of the warrant, and the warrant holder shall execute and deliver duplicate receipt for such payment to the treasurer, who shall retain one and deliver the other forthwith to the clerk or auditor.
Source: SL 1933, ch 160, § 2; SDC 1939, § 45.1419.
9-23-18. Priority retained by registered warrants not presented for annual interest payment.
All registered warrants, together with the interest thereon earned but not paid, shall continue to be paid in the order of their registration as provided in § 9-23-11.
Source: SL 1933, ch 160, § 3; SDC 1939, § 45.1419.
9-23-19. Call of registered warrants for payment--Termination of interest.
The treasurer, as soon as money sufficient for the payment of such warrants is received to the credit of the particular fund upon which the same are drawn, shall immediately notify by mail the persons in whose names the same are drawn, or, if he shall receive written notice from some other person that he is the holder of any such warrant, then the treasurer shall notify such other person.
Thereupon interest upon such warrants shall cease.
Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 45.1422.
9-23-20. Cancellation of warrants on payment.
The treasurer shall pay and cancel such warrants upon presentation.
Source: SL 1874-5, ch 74, § 4; PolC 1877, ch 50, § 4; CL 1887, § 1674; SL 1895, ch 186, § 1; RPolC 1903, § 2254; RC 1919, § 6976; SDC 1939, § 45.1422.
9-23-21. Cancellation of check or warrant not timely presented--Notation in register.
The municipal governing body may, by resolution, cancel any check or warrant that has not been presented for payment at any time within one hundred eighty days of the date on which the check or warrant was issued. Upon such resolution the auditor, clerk or finance officer shall note the cancellation in the check or warrant register.
Source: SL 1976, ch 75, § 3; SL 2001, ch 46, § 1.
9-23-22. Payment of old check or warrant at direction of governing body.
Notwithstanding any provision for cancellation of any check or warrant, the municipal governing body shall direct the payment of any properly issued check or warrant to any person entitled to payment thereof until such time as the amount payable on such check or warrant is submitted to the state unclaimed property office.
Source: SL 1976, ch 75, § 4; SL 2001, ch 46, § 2.
9-23-23. Incidental account.
A municipality may establish an incidental account in an amount determined by the governing body by setting aside on an imprest basis money from the general fund. The incidental account shall be kept and used by the officer designated by the governing body for advanced payment or for claims requiring immediate payment, not to exceed an amount established by the governing body. A detailed account of the expenditures from the incidental account shall be presented at regular intervals not to exceed one month with verified vouchers, itemized and supported by receipted bills or other information as general evidence of payment, which are subject to audit. All expenditures from this account shall be listed with other bills in the regular proceedings of the governing body. All claims made on the incidental account require the signatures of two officers of the municipality.
Source: SL 2012, ch 56, § 1.
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.
9-24-5. Limitation of action against municipality, employee, official, or volunteer for personal injury or death.
Any action for recovery of damages for personal injury or death caused by the negligence of a municipality or its employees, elected and appointed officials, and volunteers authorized by the municipality at the time of the alleged negligent act shall be commenced within two years from the occurrence of the accident causing the injury or death. This section applies whether such person is classified, unclassified, licensed, certified, permanent, temporary, compensated, or not compensated.
Source: SL 1907, ch 90, § 1; RC 1919, § 6339; SDC 1939, § 45.1409; SL 1961, ch 251; SL 2011, ch 44, § 1.
9-24-6. Municipal property exempt from taxation and execution.
Property and assets of every kind belonging to any municipality shall be exempt from taxation and levy and sale on execution.
Source: SL 1890, ch 37, art XXII, § 3; RPolC 1903, § 1382; RC 1919, § 6574; SDC 1939, § 45.1425.
9-24-7 . Maximum liability--Municipal airport--Accidents or occurrences.
The maximum liability of any municipality operating an airport shall be five million dollars for any accident or occurrence at or in connection with the operation of the airport resulting in bodily injury or death to any person, or damage to property, or any combination thereof.
Source: SL 2020, ch 203, § 1.
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.
9-25-1. General bonding power of municipalities.
Every municipality shall have power to borrow money on the credit of the municipality for any authorized corporate purpose within the constitutional limitations of municipal indebtedness and to issue its negotiable bonds therefor in such amounts, forms, and upon such conditions as it may lawfully prescribe and after authorization as provided by this title; and to issue its refunding, judgment, courthouse, and revenue bonds in the manner, for the purposes, and after authorization as provided by this title.
Source: PolC 1877, ch 24, § 27; CL 1887, § 1048; SL 1890, ch 37, art V, § 1, subdiv 5, 6; SL 1893, ch 33, § 1; SL 1899, ch 51, § 1; SL 1901, ch 199, § 1; RPolC 1903, § 1229, subdiv 5, 6; RPolC 1903, §§ 1385, 1394, 1446, 1484; SL 1903, ch 81; SL 1905, ch 65, § 1; SL 1905, ch 155; SL 1907, ch 91, § 1; SL 1909, ch 96; SL 1911, ch 99; SL 1913, ch 119, § 53, subdiv 5, 6; RC 1919, §§ 6413, 6419, 6423, 6427; SL 1923, ch 228; SL 1931, ch 194, § 2; SDC 1939, § 45.0201 (6).
9-25-2. Execution of bonds and coupons--Facsimile signatures.
All bonds and coupons issued by the municipality shall be executed as contracts except that the facsimile signature of such officers to the coupons may be lithographed or engraved.
Source: SL 1899, ch 51, § 2; RPolC 1903, § 1386; SL 1905, ch 155, § 3; RC 1919, § 6431; SDC 1939, § 45.2308.
9-25-12. Promissory notes authorized--Sources of repayment--Recitals--Issuance and sale--Maximum term.
A municipality may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in §§ 9-25-13 to 9-25-16, inclusive. Notes issued pursuant to this section are payable solely from the sources provided in § 9-25-13 and do not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the notes set forth or set forth in the resolution authorizing the notes to the contrary notwithstanding. The notes shall recite the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of §§ 9-25-13 to 9-25-16, inclusive, and that the notes and the interest thereon are payable from the sources provided. The notes shall be authorized, issued, and sold in accordance with chapter 6-8B. No election is required and the notes may not be issued for a term in excess of five years. However, a note issued for any loan authorized by the United States Department of Agriculture may be issued for a term of not more than ten years and an unsecured promissory note under the municipal debt limit may be issued for a term of not more than twenty years.
Source: SL 1978, ch 63, § 1; SL 1981, ch 70, § 1; SL 1983, ch 62, § 1; SL 1984, ch 43, § 67B; SL 1991, ch 73, § 1; SL 1994, ch 70; SL 2005, ch 52, § 1; SL 2019, ch 54, § 1.
9-25-13. Maximum amount borrowed on promissory note.
The money borrowed pursuant to § 9-25-12 may not exceed the sum of ninety-five percent of the amount of anticipated special assessment bond proceeds or may not exceed the sum of ninety-five percent of the amount of uncollected taxes levied by the municipality for the current fiscal year plus other receivables of the fund, including state or federal grant moneys, which have been earned by the municipality or committed by the state or federal governments but not collected at the date of borrowing.
Source: SL 1978, ch 63, § 2; SL 1981, ch 70, § 2.
9-25-14. Borrowing limit reduced by outstanding warrants and notes.
If any registered warrants or promissory notes are outstanding against the fund for which the money is to be borrowed, the borrowing limit specified in § 9-25-13 shall be reduced by the amount of such outstanding warrants or promissory notes.
Source: SL 1978, ch 63, § 3.
9-25-15. Interest rate on promissory notes--Signature of notes.
The rate of interest shall be stated on the note authorized by § 9-25-12. The notes shall be signed by the chief executive officer of the municipality and by the municipal finance officer.
Source: SL 1978, ch 63, § 4; SL 1981, ch 71.
9-25-16. Cash receipts applied to payment of notes until retired.
If a note authorized by § 9-25-12 has been issued and not paid in full within the term provided in § 9-25-12, then thereafter no cash receipts may be expended for any purpose except the retirement of principal and interest of notes outstanding against that fund, until all such notes are retired.
Source: SL 1978, ch 63, § 5; SL 1983, ch 62, § 2; SL 1991, ch 73, § 3.
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.
9-26-1. Authorization--Issuance--Sale.
All bonds which are a general obligation of the municipality shall be authorized, issued, and sold as provided in chapter 6-8B.
Source: SL 1890, ch 37, art V, § 5; RPolC 1903, § 1229, subdiv 5; SL 1911, ch 99; SL 1913, ch 119, § 53, subdiv 5; RC 1919, § 6413; SL 1923, ch 228; SDC 1939, § 45.2301; SL 1949, ch 190, § 1; SL 1984, ch 43, § 68.
9-26-13. Courthouse bonds authorized--Use of proceeds of sale--Contract with county for municipal use of courthouse.
If a county seat has been located at any municipality and the county has no courthouse, the municipality may borrow money on its credit to assist the county in building a courthouse and to issue bonds therefor. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
The bonds or proceeds thereof shall be used in constructing or aiding in the construction of a courthouse in the municipality on land owned by the county in which the same is located, and in consideration of the aid the municipality may contract with the county to use the courthouse for municipal purposes.
Source: SL 1893, ch 33, §§ 1 to 3; RPolC 1903, §§ 1394 to 1396; RC 1919, §§ 6427 to 6429; SDC 1939, § 45.2321; SL 1984, ch 43, § 69.
9-26-20. Judgment bonds authorized without submission to election.
Whenever any municipality has issued and delivered its bonds and a judgment has been regularly recovered either upon the principal or upon the defaulted coupons belonging to such bonds establishing the validity thereof in a court of competent jurisdiction of this state or of the United States, or whenever any other money judgment has been regularly recovered against a municipality upon any other claim in any such court, such municipality for the purpose of paying or compromising such judgment whenever a majority of the members of the governing body by resolution duly passed shall declare it to be for the best interest of such municipality may issue the bonds of such municipality as herein provided without submitting the matter to a vote of the voters thereof.
Source: SL 1903, ch 81; SL 1905, ch 65, § 1; RC 1919, § 6423; SDC 1939, § 45.2317; SL 1964, ch 143.
9-26-21. Amount of judgment bonds--Issuance--Sale--Maximum levy in small municipalities.
The principal of the judgment bonds may not exceed the amount due upon the judgment at the date which the bonds bear. All bonds shall be issued and sold as provided in chapter 6-8B. However, in municipalities with less than five hundred population the tax levy for the bonds may not exceed ten dollars per thousand dollars of taxable valuation a year.
Source: SL 1905, ch 65, § 3; RC 1919, § 6425; SL 1929, ch 78; SDC 1939, § 45.2319; SL 1975, ch 47, § 8; SL 1982, ch 75, § 5; SL 1983, ch 63; SL 1984, ch 43, § 70.
9-26-22. Compromise of judgment by delivery of bonds to creditor.
Any municipality may compromise and settle with any such judgment creditor by the delivery of any amount of judgment bonds less than the amount due upon such judgment that such creditor may be willing to accept in settlement of such judgment.
Source: SL 1905, ch 65, § 4; RC 1919, § 6426; SDC 1939, § 45.2320.
9-26-23. Agreement with judgment creditor for satisfaction of judgment on delivery of bonds--Filing of agreement.
No judgment bonds shall be issued and delivered to the judgment creditor until after the execution of an agreement between such municipality and such judgment creditor to the effect that upon the payment of the principal and interest upon said bonds according to the terms thereof, such judgment shall be satisfied and discharged, and that prior to the payment in full of the principal and interest of said bonds, together with interest thereon according to the terms and conditions thereof, said judgment shall remain in full force and effect as security for the payment of such principal and interest; and that so long as such municipality shall not make default for more than sixty days in the payment of the principal of such bonds or of the interest thereon, said judgment creditor shall take no proceedings at law or otherwise to enforce payment of such judgment.
Such agreement shall be executed in triplicate and one copy thereof shall be delivered to the judgment creditor, one copy shall remain in the custody of the auditor or clerk, and the third copy shall be filed in the office of the clerk of the court in which such judgment is entered and a memorandum of such contract entered upon the judgment docket of the court.
Source: SL 1905, ch 65, § 2; RC 1919, § 6424; SDC 1939, § 45.2318.
9-26-24. Validity of bonds not impaired by misapplication of proceeds--Change of purpose by new election.
The validity of bonds which have been sold and the proceeds thereof received by the municipality shall not be impaired by the failure to use the proceeds for the authorized purpose or the insufficiency of the proceeds to accomplish such purpose in whole or in part, but the use of all or part of the proceeds for another purpose may be submitted to and authorized by the voters in the same manner as would have been required if the bonds had originally been authorized for the new purpose; provided, that the proceeds of funding or refunding bonds shall never be used for any purpose other than the payment of outstanding indebtedness.
Source: SDC 1939, § 45.2301 as added by SL 1949, ch 190, § 1.
9-26-25. Tax levy for retirement of general obligation bonds.
Whenever any general obligation bonds are issued by a municipality, it shall be the duty of the governing body by ordinance to levy an annual tax upon the taxable property within the municipality of such an amount as will pay the annual interest thereon and the principal of said bonds at the time they become due.
Source: SD Const, art 13, § 5; RC 1919, § 6998; SL 1919, ch 270; SL 1931, ch 188; SDC 1939, § 45.2303; SL 1949, ch 190, § 3.
9-26-26. Transmission of tax levy to county auditor--Application to property within municipality.
Within thirty days after the adoption and publication of the ordinance required by § 9-26-25 the auditor or clerk shall transmit to the county auditor a certified copy thereof.
Thereupon the county auditor shall spread the tax levied in said ordinance upon all of the taxable property within the municipality at the same time that the other general taxes are spread upon the tax records in his office, and he shall continue so to do from year to year until the provisions of the tax levy in said ordinance are complied with. When any municipality issuing bonds is located within more than one county a copy of the tax levy ordinance shall be certified to the auditor of each such county, who shall spread each annual levy upon all of the taxable property in the municipality and in his county, in such proportion as the assessed valuation of such property bears to the total assessed valuation of taxable property within the municipality.
Source: SL 1919, ch 270; SL 1931, ch 188; SDC 1939, § 45.2303; SL 1949, ch 190, § 3.
9-26-27. Tax proceeds placed in debt service fund--Application of debt service fund--Reduction of levy after transfers to debt service fund.
All taxes so levied when collected shall be placed in a special debt service fund and no part thereof shall be used for any purpose other than to pay the interest and principal of the bonds for which they were levied and collected; provided, that if any moneys shall upon the expiration of any fiscal year be transferred from other funds and irrevocably appropriated to said debt service fund, pursuant to the provisions of § 9-21-26.1, the governing body may in its discretion cause the amount so transferred to be certified to the county auditor, who shall thereupon reduce the levy to be spread upon the tax lists for collection in the following year by the amount so certified, or by such lesser amount as shall be directed by the governing body.
Source: SDC 1939, § 45.2303 as added by SL 1949, ch 190, § 3.
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.
9-27-1. Appropriation and condemnation of private property--Resolution of necessity.
Except as otherwise specially provided, whenever the governing body of any municipality shall deem it necessary to appropriate or damage any private property, either within or without the corporate limits of the municipality, for any purpose authorized by law, it shall, by a resolution passed by a two-thirds majority of all the members elected thereto, declare such appropriation necessary, stating the purpose and extent of such appropriation. Thereupon the proceedings for such appropriation and condemnation shall be as provided by law and the rules of practice and procedure adopted by the Supreme Court.
Source: SL 1890, ch 37, art XIX, § 1; RPolC 1903, § 1340; SL 1905, ch 154, §§ 2, 3; RC 1919, § 6571; SDC 1939, § 45.2712.
9-27-2. Acceptance of deed in satisfaction of tax or assessment lien--Freedom from other liens required.
Any municipality may accept, as herein provided, from the owner a deed to any real estate within the boundary of such municipality in cases where the municipality has a lien on said real estate for general taxes or special assessments.
The governing body shall not accept such deed to any real estate that is not free from the lien of any mortgage, mechanic's lien, judgment, or other lien or encumbrance except the lien of the state, county, school district, or other taxing subdivision for general taxes, or other special assessments that are a prior lien on said real estate.
Source: SL 1935, ch 156, §§ 1, 2; SDC 1939, § 45.2120.
9-27-3. Payment by municipality of prior lien--Foreclosure after municipal failure to pay.
The governing body shall have power to pay a prior lien or liens out of any moneys in its general fund in order to protect its interests in property described by § 9-27-2. The holder of a prior lien may foreclose or otherwise realize upon the same if such municipality shall fail to pay said lien either by a sale of such property or otherwise within ninety days after written demand shall have been made upon the governing body.
Source: SL 1935, ch 156, § 3; SDC 1939, § 45.2120.
9-27-8. Proceeds of sale applied to payment of liens--Cancellation of unpaid balance.
Such municipality shall hold real estate acquired pursuant to § 9-27-2 as a trustee for itself and any other taxing unit having a lien thereon, and upon a sale of said real estate all such liens shall be paid in their order of priority. When all the money received less costs has been applied upon the payment of the tax liens, if there be any unpaid balance left, it shall be canceled.
Source: SL 1935, ch 156, § 3; SDC 1939, § 45.2120.
9-27-9. Purchase of tax sale certificates authorized--Amount paid to county.
Every municipality shall have power to purchase the assignment of tax sale certificates as provided by this section. Whenever any county has bid in at tax sale any lot within the limits of any municipality, the governing body thereof may authorize by resolution the treasurer to demand of the county treasurer an assignment of such certificate of tax sale. Thereupon the county treasurer shall make out and deliver to such municipality an assignment of such certificate upon payment to him of the amount of all the original taxes against such lot, after deducting the amount of the tax belonging to such municipality exclusive of any penalties, interest, or costs.
Source: SL 1899, ch 48, § 1; RPolC 1903, § 1562; RC 1919, § 6533; SL 1931, ch 199, § 1; SDC 1939, §§ 45.0201 (83), 45.1431.
9-27-29. Conveyance to school district of property not required for public purposes.
Every municipality may convey any real property which is now or may hereafter be held or owned by it, the title to which has been or may be obtained from any source and which is not held for public use or which is about to be abandoned for public purposes, to the school district in which such municipality is located, to be used by the district for school purposes, without offering the property for sale and without requiring the school district to pay therefor.
Source: SL 1925, ch 244, § 1; SDC 1939, § 45.2710; SL 1981, ch 44, § 30.
9-27-30. Resolution for transfer to school district--Deed of conveyance.
Whenever the governing body deems it advisable and to the best interests of the municipality to convey any property to a school district pursuant to § 9-27-29, it shall by resolution direct that the property be so transferred and conveyed.
Thereupon a deed of conveyance shall be made to the school district, which deed shall vest in the school district all the right, title, and interest of the municipality in and to the real property so conveyed.
Source: SL 1925, ch 244, § 2; SDC 1939, § 45.2710; SL 1981, ch 44, § 31.
9-27-31. Petition for donation of courthouse site to county--Submission to voters.
If any municipality owns land which is suitable for a site upon which to build a courthouse for the county in which such municipality is located, and the county seat of such county has been permanently located in such municipality, fifteen percent of the registered voters of such municipality, based upon the total number of registered voters at the last preceding general election, may petition that the question of donating such site to the county for a courthouse building site be submitted to a vote of the municipality. The petition shall be filed with the municipal finance officer twenty days before the election. The governing body shall submit the proposition to the voters of such municipality either at the annual municipal election or at a special election called for that purpose.
The question shall be submitted on a separate ballot, which shall be in the form and which shall be cast in the manner provided by chapter 9-13.
Source: SL 1915, ch 157, §§ 1, 2; RC 1919, §§ 6576, 6577; SDC 1939, § 45.2709; SL 1987, ch 67, § 16.
9-27-32. Conveyance to county of courthouse site after approval by voters.
If a majority of those voting upon a proposition submitted pursuant to § 9-27-31 are in favor of such donation, the governing body shall be authorized to execute a conveyance to such land to such county for a courthouse building site.
Source: SL 1915, ch 157, § 3; RC 1919, § 6578; SDC 1939, § 45.2709.
9-27-33. Acquisition and conveyance or lease to United States of sites for federal buildings.
Every municipality shall have power to acquire land within the limits of such municipality as sites for federal buildings or institutions which have been or may be located therein by the government of the United States, and to sell, convey, or lease property so acquired to the United States upon such terms as may be determined by the governing body.
Source: SL 1931, ch 201; SDC 1939, § 45.2711.
9-27-34. Exchange of lands with United States.
Any municipality or other political subdivision of the State of South Dakota, is hereby authorized and empowered to exchange by and with the approval of the federal government, or any agency thereof, any lands or other properties belonging to such municipality or such political subdivision for any lands belonging to the United States of America, or any agency thereof, located within the county making such exchange, or located within the county in which such municipality or such political subdivision is situated. Such exchanges, transfers, and conveyances from one to the other shall be made upon such terms, conditions, and in such manner as may be determined and agreed upon by the parties to such exchanges.
Source: SL 1953, ch 499; SDC Supp 1960, § 45.0208.
9-27-34.1. Exchange of land with private owner--Appraisal--Public notice and hearing.
Any municipality may, by resolution, exchange any land belonging to such municipality with a private owner. Before entering into a contract for the exchange of real property, the governing body shall cause the 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. Any exchange shall be made upon such terms, conditions and in such manner as may be determined and agreed upon by the parties, following public notice and hearing. The notice of the proposed exchange and hearing shall be published once at least ten days before the hearing. The notice shall contain a description of the lands to be exchanged.
Source: SL 1987, ch 65, § 1.
9-27-35. Validation of prior conveyances by municipalities--Limitation on enforcement of vested rights.
All instruments of conveyance of real property made by any municipal corporation prior to January 1, 1992, are, notwithstanding any omission, irregularities, defects, in the proceedings and resolutions, had and taken by said municipal corporation to sell and convey the same, hereby validated, legalized and cured to the extent that such conveyance shall operate to convey to the person named as such grantee in such instruments of conveyance, all of the right, title and interest of said municipal corporation in and to such real property.
If any person has any vested right in any real property so conveyed, and no action or proceeding to enforce such right was begun before July 1, 1993, such right shall be forever barred; and no action or proceeding so brought may be of any force or effect, or maintainable in any court of this state unless, before July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10.
Source: SL 1955, ch 444; SDC Supp 1960, § 65.0333; SL 1963, ch 462; SL 1976, ch 83; SL 1985, ch 64; SL 1992, ch 307, § 3.
9-27-36. Sale or lease of municipal real property for industrial development or public purposes--Terms of lease.
Every municipality shall have power to lease or sell on a negotiated basis and to convey any of its real property to a county or the state or another municipality, or to a nonprofit local industrial development corporation as defined by § 9-27-37 and located therein, to be used by such grantee for an authorized public purpose or industrial development purpose as enumerated in § 9-54-1. Such lease or sale shall be authorized on the terms and in the manner provided by resolution of the governing body.
Source: SL 1976, ch 63, § 1; SL 1977, ch 48, § 3.
9-27-37. Local industrial development corporation defined--Organization--Composition--Voting control--Primary objective.
Local industrial development corporation, as that term is used in § 9-27-36, is any enterprise incorporated under the laws of the State of South Dakota, formed for the purpose of furthering the economic development of a community and its environs, and with authority to promote and assist in the growth and development of small business concerns in the areas covered by its operation. The corporation shall be organized as a nonprofit enterprise, and shall be composed of no fewer than ten members in municipalities of the first class and no fewer than five in municipalities of the second and third class. A local industrial development corporation shall be principally composed of and controlled by persons residing or doing business in the locality. Such persons shall ordinarily constitute at least seventy-five percent of the voting control of the local development corporation. No member of the development corporation may own in excess of twenty-five percent of the voting control in the development corporation if that member or that member's affiliated interests have direct pecuniary interest in a project involving an application under this section and § 9-27-36. The primary objective of the local industrial development corporation shall be to benefit the community as measured by increased employment, payroll, business volume, and corresponding factors.
Source: SL 1976, ch 63, § 2; SL 1990, ch 63; SL 1996, ch 40, § 3; SL 2000, ch 36, § 1.
9-27-38. Application of chapter to lands transferred to municipality by Public Law 99-88.
The provisions of this chapter do not apply to lands transferred to a municipality by Public Law 99-88. If lands are transferred to a municipality by Public Law 99-88, the municipality in disposing of such lands and all improvements on the land shall give the inhabitants of the land the first right of refusal to purchase the land at the appraised value of land as determined at the time of transfer by the federal government. Such right of first refusal shall be exercised within eighteen months of notification to the inhabitant. The municipality shall determine the term of payment for such purchases.
Source: SL 1986, ch 76.
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.
9-29-1. Territorial jurisdiction of municipalities.
Every municipality shall have power to exercise jurisdiction for all authorized purposes over all territory within the corporate limits and over any public ground or park belonging to the municipality, whether within or without the corporate limits, and in and over all places, except within the corporate limits of another municipality, within one mile of the corporate limits or of any public ground or park belonging to the municipality outside the corporate limits, for the purpose of promoting the health, safety, morals, and general welfare of the community, and of enforcing its ordinances and resolutions relating thereto.
Source: PolC 1877, ch 24, § 23; CL 1887, § 1044; SL 1890, ch 37, art IV, § 15; RPolC 1903, §§ 1212, 1439; SL 1913, ch 119, § 30; RC 1919, § 6187; SL 1931, ch 193; SDC 1939, § 45.0201 (24).
9-29-2. Regulation of police of municipality.
Every municipality shall have power to regulate the police of the municipality and pass and enforce all necessary police ordinances.
Source: SL 1913, ch 119, § 53, subdiv 56; RC 1919, § 6169 (34); SDC 1939, § 45.0201 (23).
9-29-3. Prohibition of disorders and disturbances.
Every municipality shall have power to provide for keeping and preserving the peace and quietness of the municipality, to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place.
Source: PolC 1877, ch 24, § 22, subdiv 12; CL 1887, § 1043, subdiv 12; SL 1890, ch 37, art V, § 1, subdiv 47, 57; RPolC 1903, § 1229, subdiv 47, 57; RPolC 1903, § 1438, subdiv 12; SL 1913, ch 119, § 53, subdiv 47, 57; RC 1919, § 6169 (35), (36); SDC 1939, § 45.0201 (25).
9-29-4. Disorderly houses and houses of ill fame.
Every municipality shall have power to suppress bawdy or disorderly houses and houses of ill fame.
Source: SL 1890, ch 37, art V, § 1, subdiv 34; RPolC 1903, § 1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, § 53, subdiv 34; RC 1919, § 6169 (57); SDC 1939, § 45.0201 (28).
9-29-5. Gambling and fraudulent practices--Seizure and destruction of instruments and devices--Exemption of state lottery.
Any municipality may suppress gambling, gaming and gambling houses, lotteries and all fraudulent devices and practices used for obtaining money or property. Any municipality may enter any place where any such activity is practiced or allowed to be practiced, and seize and destroy any instrument, device or thing used for such purpose found therein. The provisions of this section do not apply to any lottery owned and operated by this state.
Source: SL 1890, ch 37, art V, § 1, subdiv 34; RPolC 1903, § 1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, § 53, subdiv 34; RC 1919, § 6169 (57); SDC 1939, § 45.0201 (29); SL 1987, ch 313, § 41.
9-29-6. Retailing of alcoholic beverages.
Every municipality shall have power to engage in retailing alcoholic beverages as provided in Title 35.
Source: SDC 1939, § 45.0201 (31); SL 1971, ch 65, § 1.
9-29-7. Regulation of alcoholic beverage sales, use, and consumption.
Each municipality may prohibit or regulate the transaction of business in alcoholic beverages and the use and consumption of alcoholic beverages, establish the number of on- and off-sale licenses which may be issued and the fees to be charged for the licenses, and provide for reasonable classifications of on-sale and off-sale licenses consistent with the provisions of Title 35.
Source: SL 1941, ch 209; SDC Supp 1960, § 45.0201-1 (3); SL 1971, ch 65, § 2; SL 1980, ch 251, § 3; SL 2010, ch 183, § 8.
9-29-9. Obscene and immoral publications.
Every municipality shall have power to prohibit the sale or exhibition of any obscene or immoral publication, print, film, picture, or illustration.
Source: SL 1890, ch 37, art V, § 1, subdiv 34; RPolC 1903, § 1229, subdiv 34; SL 1907, ch 94; SL 1913, ch 119, § 53, subdiv 34; RC 1919, § 6169 (57); SDC 1939, § 45.0201 (27).
9-29-10. Begging.
A municipality may regulate the practice of begging.
Source: SL 1890, ch 37, art V, § 1, subdiv 59; RPolC 1903, § 1229, subdiv 59; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 59; RC 1919, § 6169 (63); SDC 1939, § 45.0201 (26); SL 1981, ch 44, § 32; SL 1982, ch 77.
9-29-11. Cruelty to animals.
Every municipality shall have power to prohibit and punish cruelty to animals.
Source: SL 1890, ch 37, art V, § 1, subdiv 58; RPolC 1903, § 1229, subdiv 58; SL 1913, ch 119, § 53, subdiv 58; RC 1919, § 6169 (39); SDC 1939, § 45.0201 (46).
9-29-12. Animals running at large--Pounds--Dog licenses.
Every municipality shall have power to regulate or prohibit the running at large of dogs, animals, and poultry, to establish pounds, appoint poundmasters, and regulate the impounding of animals, and to impose a tax or license on dogs running at large.
Source: SL 1890, ch 37, art V, § 1, subdiv 65; RPolC 1903, § 1229, subdiv 65; RPolC 1903, § 1438, subdiv 5, 17; SL 1907, ch 86; SL 1913, ch 119, § 53, subdiv 65; SL 1913, ch 120; RC 1919, § 6169 (37), (38); SDC 1939, § 45.0201 (47).
9-29-13. Abatement of nuisances.
Every municipality shall have power to declare what shall constitute a nuisance and prevent, abate, and remove the same.
Source: SL 1890, ch 37, art V, § 1, subdiv 60; RPolC 1903, § 1229, subdiv 60; RPolC 1903, § 1438, subdiv 4; SL 1913, ch 119, § 53, subdiv 60; RC 1919, § 6169 (40); SDC 1939, § 45.0201 (34).
9-29-14. Fences and party walls.
Every municipality shall have power to regulate partition fences and party walls.
Source: SL 1890, ch 37, art V, § 1, subdiv 48; RPolC 1903, § 1229, subdiv 48; SL 1913, ch 119, § 53, subdiv 48; RC 1919, § 6169 (28); SDC 1939, § 45.0201 (49).
9-29-15. Interference with radio reception.
Every municipality shall have power to regulate the installation and operation of motors and other electrical or mechanical devices so as to prevent interference with radio reception.
Source: SL 1929, ch 196; SDC 1939, § 45.0201 (50).
9-29-16. Police powers of mayor, commissioners, and town marshals.
The mayor of a first or second class municipality having a common council, each member of a board of city commissioners, and each town marshal shall possess, within the jurisdiction of the municipality, all the powers conferred by law upon sheriffs to suppress disorder and keep the peace.
Source: PolC 1877, ch 24, § 41; CL 1887, § 1066; SL 1890, ch 37, art III, § 6; RPolC 1903, §§ 1187, 1455; SL 1905, ch 170, § 1; SL 1913, ch 119, § 24; RC 1919, § 6279; SDC 1939, § 45.1112; SL 1992, ch 60, § 2.
9-29-17. Mayor's power to summon aid in preserving order.
The mayor of every first or second class municipality shall have the power, when necessary, to call upon every inhabitant of the municipality over the age of eighteen years to aid in enforcing the laws and ordinances, and to call out any organized militia within the county in which the municipality is situated, in suppressing riots and other disorderly conduct, or carrying into effect any law or ordinance, subject to the authority of the Governor as commander in chief thereof.
Source: SL 1890, ch 37, art III, § 11; RPolC 1903, § 1192; SL 1913, ch 119, § 27; RC 1919, § 6280; SDC 1939, § 45.1113; SL 1981, ch 44, § 33; SL 1992, ch 60, § 2.
9-29-18. Duties of chief of police.
The chief of police shall perform such duties as shall be prescribed by the governing body for the preservation of the peace.
Source: SL 1890, ch 37, art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119, § 101; RC 1919, § 6301; SL 1923, ch 239, § 1; SDC 1939, § 45.1133.
9-29-19. Powers of policemen--Arrest.
All policemen of any municipality shall possess the powers of constables. They may pursue and arrest any person fleeing from justice in any part of the state, and when performing the duties aforesaid may arrest and detain any person guilty of any breach of the peace or any violation of the laws of the state or ordinance of the municipality.
Source: SL 1890, ch 37, art XIII, § 1; RPolC 1903, § 1282; SL 1913, ch 119, § 101; RC 1919, § 6301; SL 1923, ch 239, § 1; SDC 1939, § 45.1133; SL 1981, ch 44, § 34.
9-29-19.1. Arrest for ordinance violation--Complaint--Release on promise to appear.
Whenever any person is arrested for a violation of any municipal ordinance, which occurs in the presence of the arresting law enforcement officer, such officer may take the name and address of the person arrested and issue a complaint or otherwise notify him in writing to appear at a time and place to be specified in such complaint or notice. The time so specified shall be at least five days after the arrest unless the person arrested shall demand an earlier hearing. Such officer may allow the person arrested an earlier hearing. Such officer may allow the person arrested to be released from custody, upon the giving by such person of his written promise to appear at such time and place. Any person refusing to give such written promise to appear may be prosecuted as in the manner of other violations of city ordinances.
Source: SL 1977, ch 76.
9-29-20. Powers of sheriff or constable within municipality.
The sheriff or any constable of the county or counties in which the municipality is situated may serve any process or make any arrest authorized to be made by any municipal officer.
Source: SL 1890, ch 37, art V, § 6; RPolC 1903, § 1233; SL 1913, ch 119, § 57; RC 1919, § 6313; SDC 1939, § 45.1140.
9-29-21. Salaried police receiving fees for criminal process as misdemeanor.
It is a Class 2 misdemeanor for any chief of police or other policeman receiving a salary for services to charge or receive any fee or compensation for the service of any process issued out of any court of this state in any criminal case.
Source: SL 1911, ch 155, § 3; RC 1919, § 6304; SDC 1939, § 45.1135; SL 1981, ch 43, § 19.
9-29-22. Costs in unsuccessful prosecutions for ordinance violations.
In any action prosecuted by the city attorney for the violation of any municipal ordinance, if unsuccessful, the municipality shall pay the costs.
Source: SL 1907, ch 191, § 25; SL 1909, ch 176, § 12; SL 1915, ch 151, § 1; RC 1919, § 6314; SDC 1939, § 45.1141; SL 1947, ch 203; SL 1981, ch 44, § 35.
9-29-23. Release and remission of penalties for ordinance violations.
The mayor in first or second class municipalities having a common council, and the governing body in all other municipalities may release any person imprisoned for violation of any ordinance or remit any fine or penalty for violation thereof, the reasons therefor being made a matter of record in the office of the auditor or clerk.
Source: SL 1890, ch 37, art III, § 8; RPolC 1903, § 1188; SL 1913, ch 119, § 25; RC 1919, § 6281; SDC 1939, § 45.1114; SL 1992, ch 60, § 2.
9-29-24. Municipal jail--Use of county jail.
Every municipality shall have power to establish, maintain, and regulate a jail or, with the consent of the board of county commissioners, to use the county jail for the confinement of persons charged with or convicted of the violation of any ordinance.
Source: SL 1903, ch 94; SL 1913, ch 119, § 53, subdiv 56; RC 1919, § 6169 (33), (34); SDC 1939, § 45.0201 (16).
9-29-25. City workhouse--Purposes for which used.
Every first or second class municipality shall have power to establish, maintain, and regulate a city jail, house of correction, and workhouse for the confinement and reformation of disorderly persons, vagrants, tramps, and idle persons, and persons convicted of violating any ordinance of the municipality, and appoint necessary jailers and keepers.
Source: SL 1890, ch 37, art V, § 1, subdiv 55; RPolC 1903, § 1229, subdiv 55; SL 1913, ch 119, § 53, subdiv 55; RC 1919, § 6170 (8); SDC 1939, § 45.0202 (7); SL 1992, ch 60, § 2.
9-29-26. Family day care homes--Regulation and standards of care.
Notwithstanding the provisions of §§ 26-6-14.1 and 26-6-14.2, any municipality may provide for the regulation of family day care homes and may adopt standards of care including but not limited to the qualifications of personnel engaged in providing family day care homes; requirements relating to safety, sanitation, condition, and maintenance of physical plant and equipment utilized in child care.
Source: SL 1986, ch 78.
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.
9-30-1. Utility openings and lights in streets and alleys.
Every municipality shall have power to regulate openings in streets or alleys for laying of gas or water mains, sewers, tunnels, and drains, and the erecting of gas or electric lights.
Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (79).
9-30-2. Regulation of use of public places--Cleaning--Obstructions and encroachments.
Every municipality shall have power to regulate the use of sidewalks, streets, alleys, wharves, parks, and public grounds, to provide for cleaning the same, to prevent and remove obstructions and encroachments upon the same, to prevent injury to the same, to regulate or prevent any practice having a tendency to annoy persons frequenting the same, and to regulate or prohibit structures under sidewalks and riding and driving thereon.
Source: PolC 1877, ch 24, § 22, subdiv 11; CL 1887, § 1043, subdiv 11; SL 1890, ch 37, art V, § 1, subdiv 9, 10, 12, 15 to 21, 74; RPolC 1903, § 1229, subdiv 10, 74; RPolC 1903, § 1438, subdiv 11; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 9 to 11, 15, 72; RC 1919, § 6169 (47), (48), SDC 1939, § 45.0201 (44).
9-30-3. Signs and advertising in public places.
Every municipality shall have power to regulate and prohibit the use of streets, sidewalks, and public grounds for signs, signposts, awnings, flying of flags or banners, posting of bills and advertisements, the exhibition or carrying of banners, placards, or advertisements, and the distribution of handbills.
Source: SL 1890, ch 37, art V, § 1, subdiv 17 to 19; RPolC 1903, § 1229, subdiv 17, 18; SL 1913, ch 119, § 53, subdiv 18, 19; RC 1919, § 6169 (50), (51); SDC 1939, § 45.0201 (43).
9-30-3.1. Display of campaign signs.
A municipality must allow a campaign sign to be placed on private property in a residential, business, commercial, or industrial zone adjacent to a transportation right-of-way by or with the permission of the property owner beginning no later than ten days prior to the day when absentee voting in a primary or general election begins, and must allow the campaign sign to continue to be displayed through election day. A campaign sign displayed pursuant to this section must be removed within the seven days following the election. A municipality may regulate the use of campaign signs pursuant to § 9-30-3 in any manner that does not conflict with this section or applicable law.
For the purposes of this section, the term, campaign sign, means a free-standing object identifying and urging a person to vote for or against a particular ballot question or candidate for public office.
Source: SL 2024, ch 31, § 1.
9-30-4. Traffic and sales in public places.
Every municipality shall have power to regulate traffic and sales upon the streets and sidewalks and in public places.
Source: SL 1890, ch 37, art V, § 1, subdiv 20; RPolC 1903, § 1229, subdiv 20; SL 1913, ch 119, § 53, subdiv 20; RC 1919, § 6169 (52); SDC 1939, § 45.0201 (42).
9-30-5. Snow removal--Weed removal--Expense paid by special assessment.
Every municipality shall have power to require the owner of abutting property to remove snow and ice from sidewalks and weeds from parking, and to provide for their removal and for taxing the expense thereof by special assessment against the abutting property.
Source: RPolC 1903, § 1229, subdiv 14; SL 1907, ch 95; SL 1913, ch 119, § 53, subdiv 15; RC 1919, § 6169 (46); SDC 1939, § 45.0201 (45).
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.
9-31-1. General authority to regulate use of motor vehicles, bicycles, trailers, and road machinery.
Except as otherwise provided, every municipality may regulate the use of motor vehicles, bicycles, house cars, house trailers, trailer coaches, traction engines, tractors, and road rollers.
Source: SL 1917, ch 311; RC 1919, § 6169 (54); SL 1929, ch 197; SDC 1939, § 45.0201 (32); SL 1974, ch 76, § 1; SL 1982, ch 226, § 1.
9-31-2. Designation of routes of travel for commercial vehicles.
Every municipality shall have the power by ordinance or resolution to designate routes of travel on the public streets and highways within and through the municipality for commercial motor carriers, trucks, and buses and to require such motor vehicles to follow such designated routes of travel within and through the municipality with provision for permission for such motor vehicles to deviate from such designated routes to the extent required to reach a necessary destination within the municipality not on such designated routes.
Source: SL 1949, ch 201; SDC Supp 1960, § 45.0201-1 (6).
9-31-3. Speed regulation.
Every municipality shall have power to regulate the speed of animals, vehicles, motor vehicles, cars, and locomotives.
Source: SL 1890, ch 37, art V, § 1, subdiv 21; RPolC 1903, § 1229, subdiv 21; SL 1913, ch 119, § 53, subdiv 21; RC 1919, § 6169 (53); SDC 1939, § 45.0201 (41).
9-31-4. Assistance in enforcement of drunk-driving laws.
The law enforcement officers of every municipality shall assist state law enforcement officers in the apprehension and prosecution of persons suspected of violating the provisions of chapter 32-23.
Source: SL 1941, ch 192; SL 1955, ch 196; SDC Supp 1960, § 45.0201 (106); SL 1974, ch 76, § 2.
9-31-5. Establishment and use of parking meters--Use of proceeds.
Every municipality shall have the power to acquire, operate, maintain, and regulate parking meters on the public streets and places and on parking lots and areas controlled by the municipality, to fix and collect regulatory parking fees for the parking of vehicles in parking meter spaces thereon, and to use the proceeds therefrom for traffic regulation, acquiring and maintaining traffic control equipment or facilities, or acquiring, equipping, and maintaining of parking lots and areas or for the construction, maintenance, and upkeep of municipal streets and alleys.
Source: SL 1947, ch 225; SL 1949, ch 196; SL 1951, ch 244, § 1; SL 1953, ch 252, § 1; SDC Supp 1960, § 45.0201-1 (10); SL 1961, ch 243.
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.
9-32-1. Promotion of health and suppression of disease.
Every municipality shall have power to do what may be necessary or expedient for the promotion of health or the suppression of disease.
Source: SL 1890, ch 37, art V, § 1, subdiv 63; RPolC 1903, § 1229, subdiv 63; RPolC 1903, § 1438, subdiv 4; SL 1913, ch 119, § 53, subdiv 63; RC 1919, § 6169 (41); SDC 1939, § 45.0201 (35).
9-32-2. City board of health--Powers and duties.
Each first or second class municipality may appoint a board of health and prescribe its powers and duties subject to the supervision of the State Department of Health.
Source: SL 1890, ch 37, art V, § 1, subdiv 61; RPolC 1903, § 1229, subdiv 61; SL 1913, ch 119, § 53, subdiv 61; RC 1919, § 6170 (9); SDC 1939, § 45.0202 (1); SL 1981, ch 44, § 36; SL 1992, ch 60, § 2.
9-32-3. Inspection of meats and food products.
Every municipality shall have power to provide for the inspection of meats, dairy products, fish, lard, vegetables, flour, and similar provisions.
Source: SL 1890, ch 37, art V, § 1, subdiv 38; RPolC 1903, § 1229, subdiv 38; SL 1913, ch 119, § 53, subdiv 38; RC 1919, § 6169 (67); SDC 1939, § 45-0201 (60).
9-32-4. Inspection of persons employed in food service establishments and stores.
Any municipal corporation in this state may adopt an ordinance providing for the examination of any person or persons owning or operating, or of any employee or employees employed therein, who conduct or operate a public eating or drinking place where drink or food is provided or offered for sale, or for any retail or wholesale place of business where food or foodstuffs or drinkable products are prepared or offered for sale to the public.
Such ordinance shall provide for the examination of such employer or employee employed as provided herein and for failure to secure such examination and a health certificate said ordinance may provide penalties therefor.
Source: SL 1939, ch 105, §§ 1, 2; SDC Supp 1960, § 45.0201-1 (2).
9-32-5. Maintenance of public toilets in business district.
Every first or second class municipality with a population of seven hundred fifty or more, as shown by the last preceding federal census, shall provide and maintain public toilets for each sex in accessible locations near the center of the business district.
Such toilets shall be properly constructed under the supervision of the city board of health and shall be maintained in a clean and sanitary condition.
Source: SL 1917, ch 313; RC 1919, § 6575; SDC 1939, § 45.1819; SL 1992, ch 60, § 2.
9-32-6. Stables, privies, and cesspools.
Every municipality shall have power to compel the owner of any stable, pigsty, privy, sewer, cesspool, or of any unwholesome or nauseous thing or place to cleanse, abate, or remove the same and to regulate the location thereof.
Source: SL 1890, ch 37, art V, § 1, subdiv 68; RPolC 1903, § 1229, subdiv 68; SL 1913, ch 119, § 53, subdiv 68; RC 1919, § 6169 (44); SDC 1939, § 45.0201 (36).
9-32-7. Slaughterhouses, foundries, livery stables, and blacksmith shops.
Every municipality shall have power to control the location and regulate the management and construction of packinghouses, slaughterhouses, renderies, bone and soap factories, foundries, livery stables, and blacksmith shops and to prohibit any offensive or unwholesome business or establishment within, or within one mile of the corporate limits.
Source: PolC 1877, ch 24, § 22, subdiv 8; CL 1887, § 1043, subdiv 8; SL 1890, ch 37, art V, § 1, subdiv 66; RPolC 1903, § 1229, subdiv 66; RPolC 1903, § 1438, subdiv 8; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 66, 67; RC 1919, § 6169 (43); SDC 1939, § 45.0201 (39).
9-32-8. Protection of public water supply.
Every municipality shall have power to prevent the pollution of or injury to any water supply belonging to the municipality or any public water supply within or within one mile of the limits of the municipality.
Source: SL 1909, ch 158; RC 1919, § 6169 (75); SDC 1939, § 45.0201 (37).
9-32-9. Cisterns, hydrants, pumps, sewers, and gutters.
Every municipality shall have power to regulate the construction, repair, and use of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters.
Source: SL 1890, ch 37, art V, § 1, subdiv 42; RPolC 1903, § 1229, subdiv 42; SL 1913, ch 119, § 53, subdiv 42; RC 1919, § 6169 (71); SDC 1939, § 45.0201 (90).
9-32-10. Refuse in public places and streams.
Every municipality shall have power to regulate and prevent the placing of ashes, dirt, garbage, or any offensive matter in any street or public ground or in any body or stream of water, within the municipality.
Source: SL 1890, ch 37, art V, § 1, subdiv 15; RPolC 1903, § 1229, subdiv 15; SL 1913, ch 119, § 53, subdiv 16; RC 1919, § 6169 (74); SDC 1939, § 45.0201 (38).
9-32-11. Municipal garbage disposal systems.
Every municipality shall have power to collect and dispose of and regulate the manner of handling of garbage and other waste material and for such purpose to acquire, establish, maintain, operate, and regulate equipment and garbage disposal plants, incinerators, and dumping grounds and to fix and collect charges for such services, and to contract with one or more persons for the collection and hauling of garbage and other waste material from the municipality or districts established therein.
Source: SL 1947, ch 221; SL 1959, ch 266; SDC Supp 1960, § 45.0201-1 (21).
9-32-12. Noxious and unhealthful vegetation.
Every municipality shall have power to determine what shall be deemed noxious or unhealthful vegetation, fix limits within which the same shall not be permitted to grow, and provide for the destruction thereof and for defraying the cost of the destruction thereof by special assessment against the property upon which the same shall be destroyed.
Source: SL 1907, ch 95; RC 1919, § 6169 (45); SDC 1939, § 45.0201 (33).
9-32-13. Regulation and operation of cemeteries.
Every municipality shall have power to establish, maintain, and regulate cemeteries within or without the municipality, to cause cemeteries to be removed and prohibit their establishment within, or within one mile of the corporate limits; and to provide for the operation and control of any cemetery belonging to the municipality by a corporation or association organized for cemetery purposes.
Source: PolC 1877, ch 24, § 22, subdiv 14; CL 1887, § 1043, subdiv 14; SL 1890, ch 37, art V, § 1, subdiv 64; RPolC 1903, § 1229, subdiv 64; RPolC 1903, § 1438, subdiv 14; SL 1905, ch 67; SL 1913, ch 119, § 53, subdiv 64; RC 1919, § 6169 (42); SDC 1939, § 45.0201 (40).
9-32-14. Municipal perpetual care cemeteries authorized.
Cemeteries owned by or under the control of municipalities as provided in § 9-32-13, may, at the discretion of the governing board be maintained as perpetual care cemeteries.
Source: SL 1971, ch 71, § 1.
9-32-15. Municipalities exempt from general perpetual care law.
Municipalities who have established perpetual care cemeteries prior to July 1, 1971, or who establish perpetual care cemeteries subsequent to July 1, 1971, shall not be subject to any of the provisions of chapter 55-12.
Source: SL 1971, ch 71, § 4.
9-32-16. Rates for perpetual care and burial spaces.
The board shall have the power to set rates for perpetual care and the amount to be received for the sale of burial spaces.
Source: SL 1971, ch 71, § 2.
9-32-17. Records of sales--Deeds and perpetual care certificates.
The auditor or clerk shall maintain adequate records for the sale of burial spaces and for the sale of perpetual care. The municipality shall issue deeds for sale of burial spaces and certificates of purchase for perpetual care.
Source: SL 1971, ch 71, § 6.
9-32-18. Perpetual care trust fund--Crediting of income.
Payments for perpetual care shall be permanently set aside in a trust fund, and only the income from the trust fund investments shall be used for the care and maintenance of the cemetery. Income from perpetual care investments shall be credited to the cemetery maintenance account as maintained within the municipal general fund. Income received from the sale of burial spaces shall be credited to the cemetery maintenance account.
Source: SL 1971, ch 71, § 3.
9-32-19. Acquisition of additional land for municipal cemetery.
Whenever the municipality operating a cemetery, perpetual care, or nonperpetual care, under the laws of this state, finds it necessary to extend the boundaries of such cemetery or acquire land removed from the present cemetery in order to provide for the burial of the dead, it shall first locate and describe clearly the location and extent of the land desired. The municipality shall then seek to secure the same by offer of purchase. If, however, the owner or owners of such tract or tracts shall refuse to sell the lands described for proper and just compensation and by exorbitant price shall make it impractical for such municipality to purchase the same, such municipality may proceed to have the land located and described by it condemned as provided in the statutes and rules of court for condemnation of private property for public use.
Source: SL 1971, ch 71, § 7.
9-32-20. Use of perpetual care fund for land acquisition.
If the municipality finds it necessary to extend the boundaries of such cemetery, or acquire land removed from the present cemetery, a portion of the perpetual care trust fund may be used under the following conditions: If the trust fund is in the amount of fifty thousand dollars or more, and the governing board deems it necessary to acquire more land for the interment of the deceased, one thousand dollars for each three thousand dollars in excess of fifty thousand dollars may be expended for this purpose. The expenditure of perpetual care trust funds as outlined above shall be a one time expenditure only.
Source: SL 1971, ch 71, § 8.
9-32-20.1. Use of perpetual care trust fund to maintain cemetery.
Any municipality may expend a portion of the perpetual care trust fund to maintain the cemetery. However, only amounts in excess of fifty thousand dollars may be expended and used for cemetery purposes only. For expenditures in excess of five thousand dollars, notice of hearing shall be published twice, with the second notice not less than ten days in advance of the hearing.
Source: SL 1981, ch 72, § 1; SL 2000, ch 37, § 1.
9-32-21. Repossession of unused and uncared for lots and mausoleums.
The provisions of § 47-29-9 relating to resales and transfers of unused and uncared for lots and mausoleums shall be equally applicable to cemeteries and mausoleums of a municipality and the provisions of this section shall be retroactive for any municipality who may have repossessed lots, burial spaces, or mausoleums under the provisions of § 47-29-9 or 47-29-10.
Source: SL 1971, ch 71, § 5; SL 1984, ch 302, § 2.
9-32-22. Severability of cemetery provisions.
If a part of §§ 9-32-14 to 9-32-21, inclusive, is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of said sections is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
Source: SL 1971, ch 71, § 9.
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.
9-33-1. Storage of combustible material--Open fires--Fireworks.
Every municipality shall have power to regulate or prohibit the storage of combustible or explosive material, the use of open flame lights, the building of bonfires, and the use or sale of fireworks.
Source: SL 1890, ch 37, art V, § 1, subdiv 53; RPolC 1903, § 1229, subdiv 53; SL 1913, ch 119, § 53, subdiv 53; RC 1919, § 6169 (72); SDC 1939, § 45.0201 (30).
9-33-2. Fire limits for wooden buildings--Condemnation of damaged buildings.
Every municipality shall have power to prescribe the fire limits within which wooden buildings shall not be erected, placed, or repaired without permission, and to provide that when a building within such limits has been damaged by fire, decay, or otherwise to an extent of fifty percent of its value, it shall be torn down or removed, and to prescribe the manner of ascertaining such damage.
Source: SL 1890, ch 37, art V, § 1, subdiv 50; RPolC 1903, § 1229, subdiv 50; SL 1903, ch 96; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 50; RC 1919, § 6169 (23); SDC 1939, § 45.0201 (52).
9-33-3. Lumber and combustible materials.
Every municipality shall have power to regulate or prohibit the keeping of any lumberyard and the keeping or selling of any lumber or other combustible material within the fire limits.
Source: SL 1890, ch 37, art V, § 1, subdiv 74; RPolC 1903, § 1229, subdiv 75; SL 1913, ch 119, § 53, subdiv 73; RC 1919, § 6169 (24); SDC 1939, § 45.0201 (53).
9-33-4. Regulation of building construction--Fire escapes.
Every municipality shall have power to prescribe the manner of constructing buildings, structures, and the walls thereof, and to require and regulate the construction of fire escapes on buildings.
Source: SL 1890, ch 37, art V, § 1, subdiv 49; RPolC 1903, § 1229, subdiv 49; SL 1909, ch 50; SL 1913, ch 119, § 53, subdiv 49; RC 1919, § 6169 (29); SL 1925, ch 240; SDC 1939, § 45.0201 (55).
9-33-4.1. Adoption of building codes authorized.
Each municipality may adopt by ordinance certain building codes pursuant to § 11-10-5.
Source: SL 1973, ch 52; SL 1974, ch 77; SL 2001, ch 47, § 1.
9-33-4.2. Copy of code kept on file--Availability to public.
The city auditor or town clerk shall keep and maintain a master copy of said code including all future deletions, modifications, and amendments which may be adopted by the governing body, and the same shall be available and subject to public inspection at all times.
Source: SL 1973, ch 52.
9-33-5. Electrical wiring and appliances--Gas fittings and appliances.
Every municipality shall have power to regulate the construction and installation of and to provide for the inspection of electrical wiring and appliances and of gas piping, fittings, and appliances, and to provide the fees to be paid for such inspection. The exercise of such powers shall not affect any liability of any public utility furnishing gas or electricity.
Source: SL 1913, ch 119, § 53, subdiv 84; RC 1919, § 6169 (30); SL 1935, ch 159; SDC 1939, § 45.0201 (57).
9-33-6. City building inspections and permits.
Every first or second class municipality shall have power to provide for the inspection of buildings and the issuance of building permits and fix the fees therefor.
Source: SL 1913, ch 119, § 53, subdiv 83; RC 1919, § 6170 (13); SDC 1939, § 45.0202 (5); SL 1992, ch 60, § 2.
9-33-7. Safety in theaters and places of amusement.
Every municipality shall have power to regulate and provide for the inspection of places of amusement and to require theaters and other places of amusement to provide asbestos stage curtains and sufficient and proper aisles and exits for escape in case of fire.
Source: SL 1890, ch 37, art V, § 1, subdiv 30, 46, 49; RPolC 1903, § 1229, subdiv 46; SL 1913, ch 119, § 53, subdiv 46; RC 1919, § 6169 (59); SDC 1939, § 45.0201 (51).
9-33-8. Steam boiler inspection.
Every municipality shall have power to provide for the inspection of steam boilers.
Source: SL 1890, ch 37, art V, § 1, subdiv 54; RPolC 1903, § 1229, subdiv 54; SL 1913, ch 119, § 53, subdiv 54; RC 1919, § 6169 (73); SDC 1939, § 45.0201 (61).
9-33-9. Safety regulations in factories and buildings.
Every municipality shall have power to prevent and provide for remedying any dangerous construction or condition of any building, enclosure, or manufactory or any equipment used therein, to regulate and prevent the carrying on of manufactories creating a fire hazard, and to prevent the deposit or keeping of ashes or refuse in unsafe places; and to require all buildings and places to be put and kept in a safe condition.
Source: SL 1890, ch 37, art V, § 1, subdiv 51; RPolC 1903, § 1229, subdiv 51; SL 1913, ch 119, § 53, subdiv 51; RC 1919, § 6169 (22); SDC 1939, § 45.0201 (56).
9-33-10. Safety examination of dwellings and enclosures.
Every municipality shall have power to provide for the examination by duly authorized officers at reasonable hours of dwellings, buildings, and enclosures to ascertain whether in a dangerous condition, and to provide for remedying such condition.
Source: PolC 1877, ch 24, § 22, subdiv 3; CL 1887, § 1043, subdiv 3; RPolC 1903, § 1438, subdiv 3; RC 1919, § 6169 (21); SDC 1939, § 45.0201 (54).
9-33-11. Maintenance of fire-fighting equipment and water supply.
Every municipality shall have power to construct, operate, and maintain fire stations, fire engines, fire apparatus, and equipment, a system of fire signals, fire hydrants, and mains, and a water supply for prevention and extinguishment of fires.
Source: SL 1890, ch 37, art V, § 1, subdiv 52, 77; RPolC 1903, § 1229, subdiv 52; RPolC 1903, § 1438, subdiv 3; SL 1913, ch 119, § 53, subdiv 52, 76; RC 1919, § 6169 (13), (20); SDC 1939, § 45.0201 (48).
9-33-12. Purchase and repair of fire-fighting equipment and facilities.
A municipality may purchase and repair fire-fighting equipment, apparatus, buildings, and sites.
Source: SDC 1939, § 45.0201 (9) as added by SL 1967, ch 217; SL 1975, ch 89, § 1; SL 1978, ch 62, § 9; SL 1978, ch 64.
9-33-13. Appropriations for voluntary fire department authorized.
A municipality may appropriate funds for the maintenance of a voluntary fire department, and for transportation of its members to the state firemen's tournament.
Source: SL 1917, ch 308; RC 1919, § 6169 (78); SDC 1939, § 45.0201 (9); SL 1978, ch 62, § 10.
9-33-17. City safety education programs.
Every municipality of the first class shall have power to establish, conduct, and support a program of education and instruction for the promotion of safety and the prevention of accidents.
Source: SL 1957, ch 256; SDC Supp 1960, § 45.0203 (7); SL 1992, ch 60, § 2.
9-33-18. City safety council.
Every municipality of the first class shall have power to establish, maintain, and support, in whole or in part, a safety council operated on any plan of membership and action as formulated by the National Safety Council.
Source: SL 1955, ch 220; SDC Supp 1960, § 45.0203 (6); SL 1992, ch 60, § 2.
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.
9-34-1. Licensing procedure and terms.
Every municipality shall have power to fix the amount, terms, and manner of issuing and revoking licenses.
Source: SL 1890, ch 37, art V, § 1, subdiv 4; RPolC 1903, § 1229, subdiv 4; SL 1913, ch 119, § 53, subdiv 4; RC 1919, § 6169 (3); SDC 1939, § 45.0201 (62).
9-34-2. Markets and market houses.
Every municipality shall have power to establish and regulate markets and build market houses.
Source: PolC 1877, ch 24, § 22, subdiv 8; CL 1887, § 1043, subdiv 8; SL 1890, ch 37, art V, § 1, subdiv 35; RPolC 1903, § 1229, subdiv 35; RPolC 1903, § 1438, subdiv 8; SL 1913, ch 119, § 53, subdiv 35; RC 1919, § 6169 (66); SDC 1939, § 45.0201 (75).
9-34-3. Inspection of weights and measures.
Every municipality shall have power to provide for the inspection and sealing of weights and measures and to enforce the keeping of proper weights and measures by vendors.
Source: SL 1890, ch 37, art V, § 1, subdiv 40, 41; RPolC 1903, § 1229, subdiv 40, 41; SL 1913, ch 119, § 53, subdiv 40, 41; RC 1919, § 6169 (69), (70); SDC 1939, § 45.0201 (58).
9-34-4. Weighing and measuring of articles of merchandise--City scales--Weighers and inspectors.
Every municipality shall have power to provide for the inspection, weighing, and measuring of articles of merchandise and fuel and for the places and manner of weighing and measuring the same, and to establish city scales, and to appoint weighers and inspectors.
Source: SL 1890, ch 37, art V, § 1, subdiv 39; RPolC 1903, § 1229, subdiv 39; SL 1913, ch 119, § 53, subdiv 39; RC 1919, § 6169 (68); SL 1919, ch 275; SDC 1939, § 45.0201 (59).
9-34-5. Municipal regulation of food sales.
Every first or second class municipality shall have power:
(1) To regulate the place of sale and selling of meats, poultry, fish, cheese, lard, vegetables, and similar provisions;
(2) To regulate the sale and prescribe the weight and quality of bread.
Source: SL 1890, ch 37, art V, § 1, subdiv 36 to 38; RPolC 1903, § 1229, subdiv 36, 37; SL 1913, ch 119, § 53, subdiv 36, 37; RC 1919, § 6170 (11), (12); SDC 1939, § 45.0202 (3), (4); SL 1992, ch 60, § 2.
9-34-7. Transient merchants, auctioneers, and bankrupt stores.
Each municipality may license, tax, and regulate transient merchants, auctioneers, transient, bankrupt, and auction stores, and stores of like nature, gift enterprises, and any business or vocation of like character. However, the municipality may exempt from any such licensure, taxation, or regulation a transient merchant who is retailing merchandise or products that the municipality determines to be of the person's own manufacture or production. This section does not apply to the distribution of any commodity from a railroad car by a cooperative association purchased in car lot for the personal use of its members.
Source: SDC 1939, § 45.0201 (65); SL 2001, ch 48, § 1.
9-34-8. Hawkers, peddlers, pawnbrokers, scalpers, employment agencies--Provisions not applicable to peddling or soliciting telecommunications services.
Every municipality may license, tax, regulate, or prohibit hawkers, peddlers, solicitors, pawnbrokers, ticket scalpers, and employment agencies. However, the provisions of § 9-34-18 and this section do not apply to the peddling or soliciting of telecommunications services subject to the provisions of chapter 49-13 or 49-31.
Source: SL 1890, ch 37, art V, § 1, subdiv 30; RPolC 1903, § 1229, subdiv 30; SL 1913, ch 119, § 53, subdiv 30; RC 1919, § 6169 (55); SL 1925, ch 245; SDC 1939, § 45.0201 (73); SL 1992, ch 65.
9-34-9. Secondhand and junk stores.
Every municipality shall have power to tax, license, and regulate secondhand and junk stores and to forbid and punish the purchase and receipt by them from minors of any articles without the written consent of their parents or guardians.
Source: SL 1890, ch 37, art V, § 1, subdiv 76; RPolC 1903, § 1229, subdiv 77; SL 1913, ch 119, § 53, subdiv 75; RC 1919, § 6169 (65); SDC 1939, § 45.0201 (63).
9-34-10. Delivery men, taxi drivers, and expressmen.
Every municipality shall have power to license, tax, and regulate, and prescribe the compensation of draymen, parcel delivery men, bus drivers, cabmen, taxi drivers, porters, expressmen, and others pursuing like occupations.
Source: SL 1890, ch 37, art V, § 1, subdiv 31; RPolC 1903, § 1229, subdiv 31; SL 1913, ch 119, § 53, subdiv 31; RC 1919, § 6169 (56); SDC 1939, § 45.0201 (66).
9-34-11. Delivery vehicles and trucks.
Every municipality shall have power to provide for the licensing and numbering of motor drays, motor delivery wagons, motor tractors, and motor trucks.
Source: SL 1917, ch 311; RC 1919, § 6169 (54); SL 1929, ch 197; SDC 1939, § 45.0201 (67).
9-34-12. Plumbers, electricians, residential contractors and heating, ventilation, and air conditioning contractors.
A municipality may license, tax, and regulate plumbers, electricians, electrical workers, residential contractors and heating, ventilation, and air conditioning contractors. The residential contractor provisions of this section do not apply to dealers of manufactured or mobile homes as defined in chapter 32-7A.
Source: SL 1909, ch 31; RC 1919, § 6169 (62); SDC 1939, § 45.0201 (64); SL 1989, ch 76; SL 1994, ch 71.
9-34-13. Exhibitions, shows and amusements.
Every municipality shall have power to license, tax, and regulate exhibitions, shows, and amusements.
Source: SL 1890, ch 37, art V, § 1, subdiv 30; RPolC 1903, § 1229, subdiv 30; SL 1913, ch 119, § 53, subdiv 30; RC 1919, § 6169 (55); SL 1925, ch 245; SDC 1939, § 45.0201 (68).
9-34-14. Poolrooms--Bowling alleys.
Every municipality shall have power to license, regulate, or prohibit pool and billiard rooms and bowling alleys.
Source: SL 1890, ch 37, art V, § 1, subdiv 33; RPolC 1903, § 1229, subdiv 33; SL 1903, ch 94; SL 1913, ch 119, § 53, subdiv 33; RC 1919, § 6169 (58); SDC 1939, § 45.0201 (72).
9-34-15. Public dances--Skating rinks.
Every municipality shall have power to license, tax, regulate, or prohibit public dances or public dance halls and skating rinks.
Source: SL 1909, ch 31; RC 1919, § 6169 (60); SL 1921, ch 308; SDC 1939, § 45.0201 (71).
9-34-16. Mind readers and fortunetellers.
Every municipality shall have power to license, tax, regulate, or prohibit palmists, clairvoyants, phrenologists, mind readers, fortunetellers, and fakirs.
Source: SL 1909, ch 31; RC 1919, § 6169 (61); SDC 1939, § 45.0201 (70).
9-34-17. Tattooing, saline tattoo removal, and body piercing.
Any municipality may regulate the practice of tattooing, saline tattoo removal, and body piercing by licensing practitioners of tattooing, saline tattoo removal, or body piercing; inspecting tattoo, saline tattoo removal, and body piercing establishments; and establishing standards for sanitation that are at least as stringent as those adopted by the Department of Health under § 34-1-17.
Terms used in this section mean:
(1) "Tattooing," to make marks or designs into the skin by puncturing it and inserting indelible colors. The term includes microblading and similar techniques used to partially or fully simulate natural hair;
(2) "Saline tattoo removal," inserting a saline solution in skin to lighten or remove an existing tattoo. The term does not include the use of other acids or of lasers as described in § 36-4-8.2;
(3) "Body piercing," to place a permanent or temporary foreign object in a person's body for a decorative or other nonmedical purpose by a person not directly under the supervision of a licensed physician as defined by § 36-4-11.
Source: SL 1985, ch 216, §§ 1, 2; SL 1992, ch 239, § 13; SL 1995, ch 189, § 1; SL 2018, ch 54, § 1; SL 2019, ch 55, § 1.
9-34-18. Local regulation of peddling and soliciting.
Any county or municipality may regulate door-to-door sales, peddlers and solicitors.
Source: SL 1925, ch 252, § 15; SDC 1939, § 54.0607; SL 1967, ch 245, § 2; SDCL, § 37-13-16; SL 1992, ch 276, § 16.
9-34-19. Exemption of documentary material and data involving trade secrets, etc. from disclosure--Consideration in executive session.
Any documentary material or data compiled or received by a municipal corporation, county, or an economic development corporation receiving municipal or county funds, for the purpose of furnishing assistance to a business, to the extent that such material or data consists of trade secrets or commercial or financial information regarding the operation of such business, is not a public record. Any discussion or consideration of such trade secrets or commercial or financial information by a municipal corporation or county may be done in executive session closed to the public.
Source: SL 1998, ch 48, § 1; SL 2004, ch 77, § 1.
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.
9-35-1. Street lighting--Utility poles, pipes, and other facilities in public places--Rate regulation--Municipally owned utilities.
Every municipality may regulate and provide for the lighting of streets, laying of gas or water pipes, and erection of lampposts, electric towers, and apparatus in connection therewith; to fix and determine the charges for telephone and telephone service connections subject to the powers of the Public Utilities Commission; to regulate the placement of water pipelines, the erection of poles for telegraph, telephone, or electric wires in the public grounds, streets, or alleys, and the placing of wire thereon and to require the removal thereof from such places and to require the placing of such wires under ground; and to grant and regulate rights and franchises for such purposes. However, no franchise or any franchise election may be required of any public utility which has been assigned a service area pursuant to § 49-34A-44, telephone company subject to chapter 49-31, or a rural water system. Municipally owned electric utilities may regulate the sale and use of electric power and energy and fix and determine their own rates therefor provided that nothing contained herein may be construed to prevent a municipality from forming its own electric system.
Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 13; RC 1919, § 6169 (18); SL 1921, ch 307; SDC 1939, § 45.0201 (78); SL 1975, ch 283, § 57; SL 1976, ch 296, § 29; SL 1978, ch 65; SL 1985, ch 65.
9-35-2. Street railway tracks in first or second class municipalities--Duration of franchise--Municipality's option to purchase.
Every first or second class municipality shall have power to permit, regulate, or prohibit the constructing or laying of tracks of any street railway in any street, alley, or public place; but such permission shall not be for a longer time than twenty years, and any contract in pursuance thereof shall provide that at the option of the municipality, declared not more than three years nor less than one year before the expiration of such permission, the plant and property, if any, belonging to or used by the grantee named in such permission, or his successor in interest, shall, at the termination of such permit or franchise, upon the payment of the fair valuation thereof, exclusive of any franchise valuation, be and become the property of the municipality; but such option shall not be exercised unless the municipality shall then have authority to acquire and operate such a plant or property.
Source: SL 1890, ch 37, art V, § 1, subdiv 24; SL 1901, ch 221, § 1; RPolC 1903, § 1229, subdiv 24; SL 1907, ch 92, § 1; SL 1911, ch 96; SL 1913, ch 119, § 53, subdiv 24; RC 1919, § 6170 (2); SDC 1939, § 45.0202 (10); SL 1992, ch 60, § 2.
9-35-3. Grant of franchise subject to approval by voters--Exception.
The governing body may not grant a franchise to any public utility authorizing it to occupy any of the streets, alleys, or public places of the municipality without submitting the proposition of issuing such franchise to a vote of the voters thereof at a general or special election called for the purpose. However, no franchise election is required when granting a franchise to a natural gas utility which is regulated by the Public Utilities Commission.
Source: SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006; SL 1986, ch 79.
9-35-4. Adoption of franchise ordinance--Publication and notice of election.
Before submitting such proposition the governing body shall first approve the proposed franchise by an ordinance duly adopted and published incorporating the proposed franchise in full and providing for submission of such proposition at an election to be held not sooner than thirty days after the publication thereof.
The notice of election and the proposition so submitted shall refer to such ordinance by number and shall include the full title thereof.
Source: SL 1921, ch 310; SDC 1939, § 45.1006.
9-35-5. Majority vote of voters required for franchise.
No such franchise or franchise ordinance shall be effective, except as otherwise specifically provided, unless the proposal to grant the same be approved at such election by a majority vote of the voters of such municipality voting thereon.
Source: SL 1913, ch 119, § 53, subdiv 78; SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006.
9-35-6. Maximum duration of franchise.
Unless otherwise specifically provided, no franchise shall be granted for a longer period than twenty years.
Source: SL 1890, ch 37, art V, § 1, subdiv 24; RPolC 1903, § 1229, subdiv 24; SL 1903, ch 221; SL 1907, ch 92, § 1; SL 1913, ch 119, § 53, subdiv 24; SL 1913, ch 119, § 123; RC 1919, § 6248; SL 1921, ch 310; SDC 1939, § 45.1006.
9-35-7. Extension of streets, alleys, sewers, and waterworks through railroad property--Restoration of railroad property.
Every municipality shall have power to extend any street, alley, or highway over, under, or across, or to construct any sewer, water pipe, or main under or through any railroad track, right-of-way, or land of any railroad company within the corporate limits, but where no compensation is paid therefor, the municipality shall restore such track, right-of-way, or land to its former state as nearly as may be and so as not to impair its usefulness.
Source: SL 1890, ch 37, art V, § 1, subdiv 71; RPolC 1903, § 1229, subdiv 71; SL 1913, ch 119, § 53, subdiv 71; RC 1919, § 6169 (8); SDC 1939, § 45.0201 (92).
9-35-8. Maintenance of railroad crossings and drainage works.
Every municipality shall have power to require railroad companies to make, keep open, and repair their crossings of streets and public roads, and to require them to make, keep open, and repair ditches, drains, sewers, and culverts along and under their tracks, so that drainage of adjacent property shall not be impeded and the right-of-way shall be properly drained.
Source: SL 1909, ch 50; RC 1919, § 6169 (16); SDC 1939, § 45.0201 (93).
9-35-9. Maintenance by railroads of safety devices at crossings--Grade changes--Fencing of right-of-way.
Every first or second class municipality shall have power to require railroad companies to keep flagmen and maintain lights at railroad crossings of streets and provide for the safety of persons and property; to compel them to construct, maintain, and operate gates at railroad crossings of streets when the keeping of a flagman is not sufficient protection; to compel them to raise or lower their tracks to conform to any grade which may be established by the municipality and to keep such tracks on the level with the street or highway surface, so that such tracks may be crossed at any place on such street or highway; to require them to fence their railroads and construct and repair cattle guards, viaducts, or overhead crossings, and to provide for and change the location, grade, and crossing of any railroad; all subject to the powers vested in the Public Utilities Commission.
Source: SL 1890, ch 37, art V, § 1, subdiv 25 to 27; RPolC 1903, § 1229, subdiv 25 to 27; SL 1913, ch 119, § 53, subdiv 25 to 27; SL 1913, ch 122; RC 1919, § 6170 (3) to (5); SDC 1939, § 45.0202 (9); SL 1992, ch 60, § 2.
9-35-10. Steam, heat, and refrigeration systems--Bond issues.
Every first or second class municipality shall have power to establish, maintain, and operate, and to regulate the construction or operation of conduits of railroads, or other means of transit or transportation, and of plants and equipment for the production or transmission of steam, heat, or refrigeration, and to issue bonds for such purposes.
Source: SL 1913, ch 119, § 53, subdiv 14; RC 1919, § 6170 (1); SDC 1939, § 45.0202 (11); SL 1992, ch 60, § 2.
9-35-11. Buses and taxis--Intercity service.
The governing body of each municipality in this state is empowered and vested with exclusive jurisdiction to license, regulate, fix the routes of travel, and the speed and point for stops, of all motor carriers of passengers, operators of taxicabs and motor buses conducting operations in such municipality or in a zone adjacent thereto not a part of another municipality and not to exceed two miles around the boundaries of such municipality. When such transportation service is being rendered between adjoining municipalities, the governing bodies of each municipality may act jointly to regulate intercity service.
Source: SL 1953, ch 272, §§ 1, 2; SDC Supp 1960, § 45.0201-1 (13); SL 2023, ch 25, § 1.
9-35-12. Municipal bus or transit service authorized--Territory serviced.
A municipality may, by vote of its voters as provided in §§ 9-35-13 and 9-35-14, provide bus or transit service within the municipality or a zone adjacent thereto, enter into agreements with other persons for such services, and appropriate funds for such purposes.
Source: SL 1970, ch 65, § 1; SL 1995, ch 48.
9-35-13. Petition for bus or transit service.
Fifteen percent of the registered voters, based upon the total number of registered voters at the last preceding general election may petition for a special election as to the exercise of any of the powers referred to in § 9-35-12.
Source: SL 1970, ch 65, § 2; SL 1988, ch 63, § 8.
9-35-14. Contents of petition for bus or transit service--Conduct of election.
The petition shall set forth the question or questions which the petitioners desire submitted to the voters, and shall be filed with the city auditor. The form of such petition and the conduct of the election shall be carried on in the manner set forth by chapter 9-20.
Source: SL 1970, ch 65, § 3.
9-35-15. Air pollution abatement in operation of municipal bus service.
Municipalities providing bus or transit service under the provisions of §§ 9-35-12 to 9-35-14, inclusive, shall take all reasonable measures to abate and prevent air pollution caused by the operation of such bus or transit service.
Source: SL 1970, ch 65, § 4.
9-35-16. "Community antenna television system" defined.
"Community antenna television system," hereinafter referred to as "CATV system" or "system" means a system of coaxial cables or other electrical conductors and equipment used or to be used primarily to receive television or radio signals directly or indirectly off-the-air and transmit them to subscribers for a fee.
Source: SL 1972, ch 52, § 1.
9-35-17. Need for local regulation of CATV systems.
CATV systems are hereby declared to be a business affected with such a public interest that they must be regulated locally.
Source: SL 1972, ch 52, § 2.
9-35-18. Regulation of CATV systems by ordinance.
Notwithstanding the provisions of § 9-35-3, all municipalities shall have exclusive jurisdiction by ordinance to regulate, prohibit, and consent to the construction, installation, operation, and maintenance of CATV systems within their corporate limits.
Source: SL 1972, ch 52, § 3.
9-35-19. Service requirement for CATV systems--Performance bonds--Expiration dates.
All municipalities may require every person offering a CATV system to furnish any person applying therefor along lines of its wires, cables, or other conduits, with such service and may require performance bonds or expiration dates contingent upon construction or commencement of operations.
Source: SL 1972, ch 52, § 3.
9-35-20. Quality standards for CATV systems--Regulation of rents or rates and installation charges.
All municipalities may prescribe reasonable quality standards for CATV systems and regulate and fix reasonable and compensatory rents or rates for such system, including installation charges.
Source: SL 1972, ch 52, § 3.
9-35-21. Map of underground equipment of CATV system.
Municipalities may require the filing with the municipality by the person constructing, installing, operating, or maintaining a CATV system of a proper map showing the exact location of all underground cables and equipment, together with a statement showing the exact nature of the same.
Source: SL 1972, ch 52, § 4.
9-35-22. Occupational tax against CATV system.
Municipalities may, by appropriate ordinance, levy an annual occupational tax against any person now maintaining and operating any CATV system within its boundaries; and may levy an annual occupation tax against any person hereafter constructing, installing, operating, or maintaining a CATV system.
Source: SL 1972, ch 52, § 5.
9-35-23. Prior ordinances for operation of CATV systems validated.
All ordinances, permits, rights, or authorities heretofore adopted granting the right to install and to operate a CATV system, whether or not an election was held thereon, are hereby validated.
Source: SL 1972, ch 52, § 6.
9-35-24. Construction, maintenance, and lease of CATV system by municipality.
All municipalities which have never granted a franchise for cable television prior to July 1, 1988, may construct, maintain, and lease to others for operations community antenna television systems as defined in § 9-35-16; may issue revenue bonds pursuant to the provisions of chapter 9-40 for such purposes; and may combine such a system with other municipal systems and services into a single utility.
Source: SL 1982, ch 78; SL 1988, ch 79.
9-35-25. Definitions.
Terms used in §§ 9-35-25 to 9-35-27, inclusive, mean:
(1) "Cable operator," any person who provides cable service over a cable system;
(2) "Cable service," the one-way transmission to subscribers of video programming or other programming service and the subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service;
(3) "Cable system," a facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service to multiple subscribers within a community. The term does not include a facility that serves subscribers without using the public right-of-way; a facility of a telecommunications company that provides telecommunications service as defined and regulated by chapter 49-31, except to the extent that the facility is used to transmit video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;
(4) "Franchise," an authorization, established by ordinance, issued by a franchising authority, which authorizes the construction and operation of a cable system;
(5) "Franchising authority," a municipality;
(6) "Other programming service," information that a cable operator makes available to all subscribers generally;
(7) "Public, educational, or governmental access facilities," channel capacity designated for public, educational, and governmental use and the facilities and equipment for the use of such channel capacity; and
(8) "Video programming," programming provided by, or generally considered comparable to programming provided by, a television broadcast station.
Source: SL 2005, ch 53, § 1.
9-35-26. Authority of franchising authority to require franchise of cable operator--Ordinance.
A franchising authority may require a franchise of any cable operator for the operation of a cable system within its jurisdiction. The exercise of such authority shall be pursuant to an ordinance detailing the basic requirements for a franchise and the terms and conditions for any other contractual arrangement thereafter deemed appropriate and consistent with §§ 9-35-25 to 9-35-27, inclusive, and federal law.
Source: SL 2005, ch 53, § 2.
9-35-27. Grant of additional franchises to other cable operators--Terms.
A franchising authority may grant one or more additional franchises to other cable operators under terms that are not substantially more favorable than that which the cable operator designated by § 9-35-26 is required to meet. The terms that may not be substantially more favorable are with regard to right-of-way access; public, educational, or governmental access facilities requirements; and franchise fees.
Source: SL 2005, ch 53, § 3.
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.
9-36-1. Municipal power to define and improve stream boundaries.
Every municipality shall have power to establish and define the boundary lines of rivers and streams and to improve the same as provided by this chapter.
Source: SL 1931, ch 189, § 1; SDC 1939, § 45.0201 (100).
9-36-2. Resolution to establish stream boundaries within corporate limits.
The governing body of any municipality may establish by resolution the boundary lines of any river or stream within the corporate limits.
Source: SL 1931, ch 189, § 1; SDC 1939, § 45.2001.
9-36-3. Survey and marking of proposed stream boundaries--Filing of plat.
When it is proposed to exercise the power granted by § 9-36-2, the governing body shall cause a survey to be made of the proposed boundary lines and said lines to be marked upon the ground by suitable stakes or monuments, and a plat of such river or stream showing said boundary lines to be filed in the office of the auditor or clerk.
Source: SL 1931, ch 189, § 2; SDC 1939, § 45.2001.
9-36-4. Notice of proposed resolution to establish stream boundaries--Contents and publication.
After said plat shall have been filed, notice of such proposed resolution shall be given by the auditor or clerk by publication once each week for at least two successive weeks.
The notice shall refer to the plat on file in the office of the auditor or clerk and shall fix the time and place when the governing body shall meet to act upon said resolution. It shall specify the legal description of all real property abutting upon said river or stream which shall be affected by said proposed boundary lines, and shall require all persons owning or interested in any property affected by said proposed boundary lines to appear at the meeting of the governing body and file in writing any objection which they may have to the said resolution.
Source: SL 1931, ch 189, § 3; SDC 1939, § 45.2002; SL 1972, ch 51, § 1.
9-36-5. Time of meeting to establish stream boundaries--Adjournment.
Such meeting shall be held not less than ten or more than thirty days subsequent to the last publication of said notice, but the meeting may be adjourned from time to time.
Source: SL 1931, ch 189, § 3; SDC 1939, § 45.2002.
9-36-6. Filing of objections to proposed stream boundaries.
Any person owning or interested in any property affected by said proposed boundary lines desiring to object thereto, by himself or his agent or attorney, may file with the auditor or clerk a written statement of his objections thereto on or before the date of the hearing announced pursuant to § 9-36-4.
Source: SL 1931, ch 189, § 4; SDC 1939, § 45.2003.
9-36-7. Hearing and final action by governing body on stream boundaries.
At the hearing the governing body shall consider any objections, and when it shall have concluded the hearing it may approve and establish by resolution the proposed boundary lines, or change them in such manner as it may deem proper and establish them as so changed and modified, or may reject the same and order a new plat prepared, in which case the proceeding shall be the same as hereinbefore required. If no objections are filed, the action of the governing body shall be final.
Source: SL 1931, ch 189, §§ 5, 6; SDC 1939, §§ 45.2004, 45.2005.
9-36-8. Appeal to circuit court on stream boundaries--Trial de novo.
If any person owning or interested in any property affected by said proposed boundary lines shall have filed written objections to such resolution, such person shall have the right to appeal to the circuit court of the county in which the property affected thereby shall be located. Such appeal shall be taken by serving upon the auditor or clerk a notice of appeal and filing said notice with the clerk of the circuit court within twenty days after the passage of said resolution. The appeal shall stand for trial at the next succeeding term of said court without notice, and the issues thereunder shall be tried de novo.
Source: SL 1931, ch 189, § 6; SDC 1939, § 45.2005.
9-36-9. Municipal acquisition of lands within established stream boundaries.
If the boundary lines of said river or stream so established according to said survey shall include lands not included within the bed of said river or stream, said municipality shall have the power to acquire such lands or a perpetual easement therein for public use by purchase or condemnation.
Source: SL 1931, ch 189, § 7; SDC 1939, § 45.2006.
9-36-10. Improvement of stream boundaries--Land acquisition outside boundaries.
Any municipality having established the boundary lines of any river or stream as provided in §§ 9-36-2 to 9-36-7, inclusive, is authorized to improve the same by retaining walls, walks, and driveways, and if it is necessary for said purpose to include lands outside the boundary lines of said river or stream as established, it may acquire said lands or a perpetual easement therein for public use by purchase or condemnation.
Source: SL 1931, ch 189, § 8; SDC 1939, § 45.2007.
9-36-11. Navigation and flood control improvements within stream boundaries--Acquisition of property--Assessments against adjoining property.
Any municipality may construct, reconstruct, repair, and maintain bulkheads, wharves, levees, or breakwaters along or across any river or stream flowing within or through its boundaries. For that purpose the municipality may purchase or condemn private property and assess the cost against the property upon which the improvement is situated, and upon the lots abutting or adjoining such property upon that side of the river or stream on which the improvement is constructed, as provided in chapter 9-43.
Source: SL 1911, ch 94, § 1; RC 1919, § 6367; SDC 1939, § 45.2008; SL 2012, ch 57, § 68.
9-36-12. Notice to adjoining property owners to make improvements--Publication.
Whenever the governing body shall deem it necessary to make any such improvement as described in § 9-36-11, it shall notify all owners of such abutting or adjoining property to construct, reconstruct, or repair the same at their own cost within the time designated, by publishing once in each week for at least two consecutive weeks a notice to such owners fixing a time and place when and where they may appear and enter their protest against such contemplated improvement, setting forth what work is to be done and the character of the same and the time within which they are required to do the same. Such notice may be general as to the owners but must be specific as to the description of the lots to be affected.
Source: SL 1911, ch 94, § 2; RC 1919, § 6367; SDC 1939, § 45.2008; SL 1972, ch 236, § 1.
9-36-13. Improvements made by municipality--Special assessments for benefits.
If a majority of the property owners do not enter a protest against the proposed improvement, and if the improvement is not made in the manner and within the time prescribed in the notice, the governing body by resolution may cause the improvement to be done and the cost of the improvement assessed against the lots chargeable as provided in § 9-36-12, according to the benefits derived by each of the lots from the improvement as provided in chapter 9-43.
Source: SL 1911, ch 94, §§ 2 to 4; RC 1919, § 6367; SDC 1939, § 45.2008; SL 2012, ch 57, § 69.
9-36-14. Neglect by property owner to keep stream improvements in repair--Liability for damages.
Any owner of property upon which has been or shall hereafter be constructed any such improvement, and any owner of abutting or adjoining property as described in § 9-36-12 who shall neglect to repair such improvement forthwith when notified by the governing body so to do, shall be liable to the municipality for any damages caused by such neglect, but such owner shall not be liable for any damage caused by breaking of dams used for the storage of water or by unusual torrential floods.
Source: SL 1911, ch 94, § 5; RC 1919, § 6367; SDC 1939, § 45.2008.
9-36-15. Agreements with state and United States for cooperation in flood control projects.
Every municipality shall have power to enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision, or unit of government, federal or state, to cooperate in preventing or controlling flooding.
Source: SL 1957, ch 255; SDC Supp 1960, § 45.0201-1 (18).
9-36-16. Powers of first or second class municipalities in implementing flood control projects.
Every municipality of five hundred or more population as shown by the last federal census may enter into agreements with the United States, with the State of South Dakota and with any authorized agency, subdivision or unit of government, federal or state, to cooperate in preventing or controlling flooding within or without its corporate limits which endangers property within its corporate limits or its water supply. Every municipality of five hundred or more may acquire by lease, purchase, gift, grant-in-aid, condemnation, or other lawful means and hold in its corporate name or use and control as provided by law both real and personal property and easements and rights-of-way within or without its corporate limits for all purposes necessary to prevent or control flooding and may levy taxes and appropriate moneys and issue general obligation bonds pursuant to chapter 9-26, for the purposes described in this section.
Source: SL 1959, ch 275; SDC Supp 1960, § 45.0210; SL 1983, ch 65, § 1; SL 1984, ch 43, § 71; SL 1992, ch 60, § 2.
9-36-17. Validation of prior municipal proceedings to conserve water and control floods.
All acts and proceedings had before July 1, 1959, and all contracts, appropriations, expenditures, and acquisitions theretofore made by any municipality of the state for the purpose of conserving its water resources or preventing or controlling flooding within or without its corporate limits which endangers property within its corporate limits or its water supply, either by such municipality acting alone or in cooperation with any authorized agency, subdivision, or unit of government, federal or state, are hereby legalized and declared valid.
Source: SL 1957, ch 505; SL 1959, ch 463; SDC Supp 1960, § 65.0337.
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.
9-38-1. Municipal authority to maintain facilities and issue bonds--Limitations on campgrounds and tourist accommodations.
Each municipality may establish, improve, maintain, and regulate public parks, public squares, parkways, boulevards, swimming pools, camping, and other related facilities within or without the municipality, and to issue its bonds therefor, as provided by this title. A municipality may establish camping or tourist accommodation facilities if there is no existing private campground, inspected and approved by the Department of Health, located within fifteen miles of the municipality. However, a municipality may construct or expand camping or tourist accommodation facilities if there is an existing private campground within fifteen miles of the municipality if the owner of the existing campground approves the construction or expansion in writing. If the private campground has more than one owner, the owners of the private campground may only approve or refuse approval for the construction or expansion of the municipal campground or tourist accommodation facility as a group.
Camping and tourist accommodation facilities established before July 1, 1970, are deemed to have been established under the then existing authority to establish public parks, and municipalities may continue to maintain and regulate the facilities. The requirements of this section for the construction or expansion of a facility near an existing private campground do not apply to a municipality that leases camping and tourist accommodation facilities from the state which were in existence prior to January 1, 2017.
Source: SL 1890, ch 37, art V, § 1, subdiv 7, 44; RPolC 1903, § 1229, subdiv 7, 44; SL 1913, ch 119, § 53, subdiv 7, 44; RC 1919, § 6169 (10); SDC 1939, § 45.0201 (98); SL 1970, ch 63, § 1; SL 1971, ch 66; SL 1990, ch 64; SL 2017, ch 59, § 1; SL 2024, ch 32, § 1.
9-38-2. Municipal power to preserve trees and inclose public ground.
Every municipality shall have power to plant and provide for the care and preservation of trees upon public grounds and along the streets and to inclose any public ground.
Source: PolC 1877, ch 24, § 22, subdiv 15; CL 1887, § 1043, subdiv 15; SL 1890, ch 37, art V, § 1, subdiv 8 to 10, 44; RPolC 1903, § 1229, subdiv 8 to 10; RPolC 1903, § 1438, subdiv 15; SL 1913, ch 119, § 53, subdiv 8 to 10, 44; RC 1919, § 6169 (11); SDC 1939, § 45.0201 (99).
9-38-3. Agreements with and grants from federal agency.
Every municipality shall have the power to enter into agreements with and receive grants from the United States Bureau of Outdoor Recreation or its successor.
Source: SDC Supp 1960, § 45.0201-1 (24) as added by SL 1965, ch 211, § 1.
9-38-4. Bonding power for park improvements.
Every municipality shall have power to borrow money on the credit of the corporation for the purpose of constructing buildings and making improvements for public parks, and to issue its negotiable bonds therefor in the manner provided by law.
Source: SL 1933 (SS), ch 14; SDC 1939, § 45.2535.
9-38-5. Libraries, museums, and art galleries in parks.
The governing body shall have authority to authorize the building and maintenance of public libraries, museums, and art galleries in any park. However, in municipalities of the first class, where a park board has been established according to law, such board shall be consulted by the governing body before action is taken authorizing any such building.
Source: SDC 1939, § 45.2522 as added by SL 1967, ch 222, § 2; SL 1992, ch 60, § 2.
9-38-6. Athletic facilities in parks--Fee for use--Special park fund.
A municipality may establish, maintain, and operate golf courses, tennis courts, ball grounds, and other athletic amusements, and necessary facilities in connection therewith, as a part of its park system, and charge fees for the use thereof. All fees received under this section and any other money received for use of the board including tax revenues which may be appropriated for park purposes, shall be kept in a special park fund and shall be paid upon requisition by the president and secretary of the board and warrant drawn and executed as other warrants.
Source: SL 1941, ch 206; SDC Supp 1960, § 45.0201-1 (4); SL 1978, ch 62, § 11; SL 1979, ch 58.
9-38-7. Governing body to control parks unless board created.
Except as provided for first or second class municipalities under a commission form of government the public parks of every municipality, whether within or without the limits of the municipality, shall be under the control and supervision of the governing body thereof unless a park board shall have been created as provided in this chapter.
Source: RC 1919, § 6433; SDC 1939, § 45.2501; SL 1970, ch 63, § 2; SL 1992, ch 60, § 2.
9-38-8. Park boards in second and third class municipalities--Composition and functions--Qualifications of members--Teams.
All municipalities other than cities of the first class may create by ordinance a park board, serve without pay, the number of which shall be determined by the governing body of the municipality, and who shall serve at the pleasure of the governing body. The park board shall control and supervise the public parks of the municipality whether within or without the limits of the municipality. The park board shall be under the control and supervision of the governing body of the municipality, and the governing body shall prescribe all rules, regulations, and responsibilities of the park board. The ordinance creating the board shall specify the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.
Source: SL 1955, ch 219; SDC Supp 1960, § 45.0209; SL 1992, ch 60, § 2; SL 1995, ch 49, § 1.
9-38-9. Abolition of board in city-manager city.
The park board of any first or second class municipality employing a city manager may be abolished by ordinance. Thereupon its powers and duties shall be vested in the governing body.
Source: SL 1935, ch 158, § 15; SDC 1939, § 45.0911; SL 1992, ch 60, § 2.
9-38-10. Park board in municipality of first class--Qualifications and teams of members--Salaries of board members.
All municipalities of the first class may create by ordinance a park board. The ordinance creating the board shall specify the number, the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.
The salaries of the members of the board shall be fixed by such ordinance and be paid as provided for in the ordinance.
Source: SL 1909, ch 272, §§ 1, 10; RC 1919, §§ 6434, 6443; SDC 1939, § 45.2502; SL 1992, ch 60, § 2; SL 1995, ch 49, § 2.
9-38-11. Boards of park supervisors continued as park boards.
A board of park supervisors created before July 1, 1939, by vote of the voters of a municipality of the first class shall be continued as a park board under §§ 9-38-10 to 9-38-58, inclusive, and shall have all of the powers of a board created by ordinance.
Source: SDC 1939, § 45.2502; SL 1992, ch 60, § 2.
9-38-13. Bonds of park board members--Payment of premiums.
Each member of the board before entering upon his official duties shall give bond to the first or second class municipality as may be required by the governing body for the faithful performance of his duties and shall take and file in the auditor's office with any such bond the usual oath of office required from appointive officers of the municipality. The municipality shall pay any premium for bonds required to be given by members of the board or its officers or employees.
All official bonds required under the provisions of this section and § 9-38-27 shall be approved by the governing body.
Source: SL 1915, ch 260, § 2; SL 1917, ch 305, § 1; RC 1919, § 6445; SL 1925, ch 237, § 1; SDC 1939, § 45.2504; SL 1992, ch 60, § 2.
9-38-19. Legal assistance to park board.
The city attorney as a part of his duties shall conduct all court proceedings under §§ 9-38-10 to 9-38-58, inclusive, and shall be the legal adviser of the board. When in its judgment the interests of the first or second class municipality demand, the board may employ special counsel to assist the city attorney.
Source: SL 1915, ch 260, § 47; RC 1919, § 6491; SL 1923, ch 236, § 2; SDC 1939, § 45.2516; SL 1992, ch 60, § 2.
9-38-20. Regulations for park board business--Contracts on behalf of city.
Subject to the approval of the governing body the board shall make bylaws, rules, and regulations for the orderly transaction and conduct of its business. Subject to the approval of the governing body, the board may make and enforce contracts in the name of the city to carry out the purposes expressed in §§ 9-38-10 to 9-38-58, inclusive.
Source: SL 1915, ch 260, § 8; RC 1919, § 6451; SL 1925, ch 237, § 4; SDC 1939, § 45.2506; SL 1992, ch 60, § 2; SL 1995, ch 49, § 8.
9-38-22. Park board records as evidence.
The records of such board, kept by its secretary, or copies of any such records when duly certified by the secretary shall be competent evidence of the proceedings of such board.
Source: SL 1915, ch 260, § 5; RC 1919, § 6448; SDC 1939, § 45.2509.
9-38-23. Reports by park board to governing body--Records subject to inspection.
The board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control.
The governing body may require a report from such board at any time, and the records, books, papers, and accounts of the board shall at all times be subject to inspection by the mayor, auditor, or any committee appointed by the governing body for that purpose.
Source: SL 1915, ch 260, § 60; RC 1919, § 6503; SDC 1939, § 45.2515.
9-38-24. Board authority over parks and boulevards--Concessions.
The board may establish, improve, care for, regulate, and manage a system of public parks, parkways, and boulevards and with the approval of the governing body may acquire land for such purposes. The board may regulate the planting and trimming of trees and shrubbery in such areas and may establish the channel of any stream or watercourse forming a part of the park system and improve the banks of the stream or watercourse. The board may provide parkways and boulevards for the streets and maintain and regulate the care of the parkways and boulevards. The board may cause the cost of construction and maintenance of the street parkways and boulevards to be assessed against the abutting property as provided in chapter 9-43. The board may establish, maintain, and conduct with or without charge or grant concessions for places of public amusement, recreation, or refreshment within or in connection with such parks. No concession lease or grant may be made for longer than three years, and no professional shows or exhibitions for which an admission price is charged may be given in such parks. However, a lease or grant to a concession may be made by the board for a period not to exceed fifty years if the concession requires a realty improvement or capital investment or any combination thereof of at least fifty thousand dollars.
Source: SL 1909, ch 272, § 7; SL 1915, ch 260, §§ 9, 65; SL 1917, ch 305, § 2; RC 1919, §§ 6440, 6452, 6508; SL 1919, ch 274; SL 1925, ch 237, § 9; SL 1925, ch 238; SDC 1939, § 45.2510; SL 1982, ch 79; SL 1993, ch 74; SL 2012, ch 57, § 70; SL 2017, ch 59, § 2.
9-38-25. Placement under park board of trees, vegetation, sidewalks, and crossings along parks and thoroughfares.
The governing body may place under the control and management of the board the planting, maintenance, trimming, and removal of trees, shrubs, and plants in any and all public grounds, thoroughfares, or lands appurtenant thereto throughout the limits of the first or second class municipality, the cutting of weeds and grass upon all public grounds and thoroughfares and lands adjacent or appertaining thereto, and the location of all sidewalks or crossings upon or adjacent to such public grounds or thoroughfares.
Source: SL 1915, ch 260, § 11; RC 1919, § 6454; SL 1925, ch 237, § 5; SDC 1939, § 45.2511; SL 1992, ch 60, § 2.
9-38-26. Qualifications and appointment of park superintendent--Duties and salary--Employment of other officers and employees.
With the approval of the governing body the park board may appoint a park superintendent who shall be the chief executive officer under the board and who may or may not be a landscape architect. He shall hold office at the pleasure of the board and receive such salary as the board may determine with the approval of the governing body and shall on its behalf have charge, supervision and direction of all work and of all officers and employees under the board.
With the approval of the governing body, the board may also appoint and employ other officers and employees and shall prescribe and fix their duties and compensation.
Source: SL 1915, ch 260, § 6; RC 1919, § 6449; SL 1925, ch 237, § 3; SDC 1939, § 45.2512; SL 1984, ch 59, § 1.
9-38-27. Bonds required of park board officers and employees.
The board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the auditor.
Source: SL 1915, ch 260, § 7; RC 1919, § 6450; SDC 1939, § 45.2513.
9-38-28. Destruction of weeds in first or second class municipality--Notice to property owners by publication.
The board shall have power to require all noxious and unsightly weeds on any lot in the first or second class municipality to be destroyed by the owner thereof.
General notice to property owners to destroy such weeds may be given by the secretary by publication once a week for two successive weeks.
Source: SL 1909, ch 272, § 6; RC 1919, § 6439; SDC 1939, § 45.2538; SL 1992, ch 60, § 2.
9-38-29. Destruction of weeds by park board--Special assessment against property to cover cost.
Should the owner of any lot fail to cause such weeds to be destroyed within two days after the last publication, the board may cause the same to be done. The expense thereof shall be paid out of the fund appropriated for the board and shall be certified to the auditor, and the same shall be levied as a special assessment against the property upon which such weeds were destroyed and when collected shall be covered into the park fund and be subject to the order of the park board.
Source: SL 1909, ch 272, § 6; RC 1919, § 6439; SDC 1939, § 45.2538.
9-38-30. Division of first or second class municipality into park districts--Change in districts on change in municipal boundaries.
Upon the recommendation of the board the governing body may divide the first or second class municipality into park districts.
Whenever the municipality shall extend or change its limits, the governing body upon the recommendation of the board may divide the added territory into new park districts or add the same to districts already established.
Source: SL 1915, ch 260, § 12; RC 1919, § 6455; SDC 1939, § 45.2518; SL 1992, ch 60, § 2.
9-38-31. Acquisition of property for parks and boulevards--Sources of payment.
Upon recommendation of the board the governing body may provide by ordinance for the purchase, condemnation, or otherwise obtaining of land within or without the city limits for public parks, parkways, and boulevards, and establish the same.
Payment for any such land so selected and acquired may be made by cash, by purchase by installment payments with or without a mortgage, by entering into lease-purchase agreements, or by lease with option to purchase, out of the general fund, park fund, or by the issue and sale of bonds of the first or second class municipality after authorization as and in the manner provided by this title. No mortgage given hereunder shall provide as security property other than the specific land acquired pursuant to the provisions hereof.
Source: SL 1915, ch 260, § 13; RC 1919, § 6456; SL 1921, ch 303; SDC 1939, § 45.2519; SL 1969, ch 182; SL 1992, ch 60, § 2.
9-38-32. Acceptance of gifts for parks and boulevards--Conditions permissible.
Any municipality may accept any gift, bequest, or devise of real or personal property or the income thereof for the purpose of parks, parkways, or boulevards or for improvement or ornamentation of the same, or for the establishment or maintenance in any park, zoo, gardens, observatories, monuments, works of art, or other park purposes, upon any terms and conditions, including exemption from payment of assessments, as may be prescribed by the grantors, donors, or devisors thereof and agreed to by the governing body and board. A municipality may, by resolution, establish a policy for the acceptance of gifts of personal property of value below an amount determined by the governing body.
Source: SL 1915, ch 260, §§ 62, 63; RC 1919, §§ 6505, 6506; SDC 1939, § 45.2520; SL 1992, ch 60, § 2; SL 2020, ch 27, § 1.
9-38-33. Purposes for which acquired land used.
The lands which may be selected and obtained under the provisions of this chapter shall be used solely for parks, parkways, and boulevards, and for public libraries, museums, and art galleries.
Source: SL 1915, ch 260, § 46; RC 1919, § 6490; SL 1927, ch 173; SDC 1939, § 45.2521; SL 1967, ch 222, § 1.
9-38-34. Change of use of lands authorized by election.
A change of use of such lands may be authorized by an affirmative majority vote of the voters of said city voting at an election on the question of such change of use. Such question may be submitted to the voters of such first or second class municipality at a regular annual or special city election.
Source: SL 1927, ch 173; SDC 1939, § 45.2521; SL 1992, ch 60, § 2.
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.
The governing body of a municipality may, by private sale, sell park land physically occupied by an encroaching building and the park land around the building extending a distance not to exceed ten feet from the foundation of the building provided the building was in existence prior to January 1, 1988. Such park land may only be sold to the owner of the encroaching building and may be sold without competitive bidding. The municipality shall have such land appraised by one or more persons licensed by the state to do fee appraisals. The municipality may not sell the property for less than the appraisal price. The change of the use of such land need not be submitted to the voters of the municipality pursuant to § 9-38-34. If the governing board of the first or second class municipality desires to exchange the land that it is disposing of for other land owned by the person whose building encroaches on the park property, the governing body may do so as long as the municipality has both properties appraised and receives equivalent value in the form of land and cash for the park property disposed of. The sale of property pursuant to this section is an administrative decision pursuant to § 9-20-19.
Source: SL 1988, ch 80; SL 1992, ch 60, § 2.
9-38-35. Structures within parks--Purposes for which authorized.
Neither the governing body nor the board may permit any person to build or maintain any structure within any park or parkway under the control of the board. No structure may be erected or maintained within any park or parkway except such structures or buildings as may be erected by the board for park purposes, and such statues, monuments, works of art, or structures intended for ornamentation only as may be erected by authority of the board. However, the governing body or the board may authorize the building and operation of tourism, science, or information centers within any park or parkway. The centers may include the administrative offices of any nonprofit association or corporation responsible for the operation of the center. If a water tower is located within a park or on park land, the governing body or the board may authorize the installation of communications equipment, including personal wireless service equipment, on the tower or on the ground and may authorize the installation of equipment to run wires or cables underground across the park land in order to connect the installation with facilities located outside the park land. The governing body or board shall establish the terms and conditions for any such installation in a lease or license agreement.
Source: SL 1915, ch 260, § 64; RC 1919, § 6507; SDC 1939, § 45.2522; SL 1992, ch 66; SL 2004, ch 78, § 1.
9-38-36. Board consent required for streets through parks--Vacation of streets and alleys--Special assessments.
No roads or streets may be laid out or constructed through any park without consent of the board.
Upon recommendation of the board, any road, street, or alley, or part thereof, excepting railroads, that passes through or into or divides any land used for parks may be vacated by the governing body and made a part of the park. Upon recommendation of the board, the governing body may provide for special assessments to be made pursuant to chapter 9-43 for improvements to any road, street, alley, or part thereof under control of the board.
Source: SL 1915, ch 260, § 61; RC 1919, § 6504; SDC 1939, § 45.2523; SL 2012, ch 57, § 71.
9-38-37. Improvement and maintenance of streets under park board--Payment from district funds.
The board may have any road, parkway, boulevard, or street or part thereof, under its control and management, graded, regraded, paved, repaved, curbed, recurbed, guttered, reguttered, or otherwise improved, repaired, and maintained, including the construction, repair, and maintenance of bridges, retaining walls, viaducts, and sidewalks, and the planting of trees and shrubbery, in a manner and at such times and with such material as the board may determine and may pay for the work or improvements or any part thereof out of the funds not otherwise appropriated belonging to the park district in which the work or improvement is done or made.
Source: SL 1915, ch 260, § 49; RC 1919, § 6493; SDC 1939, § 45.2525; SL 1978, ch 62, § 12.
9-38-38. Contract for street improvements under park board--Supervision by board.
The contract for doing the work of construction and furnishing material for any such improvement for which special assessments are not to be levied shall be let by the board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not under the control of the board is let by the governing body.
All such work shall be done under the supervision and control of the board.
Source: SL 1915, ch 260, § 50; RC 1919, § 6494; SDC 1939, § 45.2526.
9-38-39. Grading of streets after condemnation--Jury assessment of benefits and damages.
In all cases of the condemnation of private property under the provisions of §§ 9-38-10 to 9-38-58, inclusive, for the opening or establishing of any parkway, road, boulevard, or street to be controlled by the board, the governing body, upon the recommendation of the board, by ordinance may establish the grade of that portion of such boulevard, parkway, road, or street proposed to be condemned and opened or established, and provide for the grading of the same.
In such case the petition required to be filed for the condemnation of private property shall state that benefits and damages, if any, arising from the grading of such boulevard, parkway, road, or street to the established grade shall be assessed by the jury in said condemnation proceedings. The jury shall find the amount of damages, if any, and benefits and in assessing the benefits shall consider the benefits caused by the opening of such boulevard, parkway, road, or street.
Source: SL 1915, ch 260, §§ 76, 77; RC 1919, §§ 6519, 6520; SDC 1939, § 45.2524.
9-38-40. Proceedings for ascertaining damages and benefits on grading of streets under park board.
Before any road, parkway, boulevard, or street under the control of the board shall be graded, or regraded, if the property owners to be damaged thereby shall not have waived all rights to compensation for damages, proceedings shall be had for the ascertainment of the damages and benefits to arise from such grading or regrading of such parkway, boulevard, road, or street in the manner provided by law.
The governing body upon the recommendation of the board may institute such proceedings and conduct the same to a conclusion.
Source: SL 1915, ch 260, § 53; RC 1919, § 6497; SDC 1939, § 45.2529.
9-38-41. Appropriations and expenditures for park and boulevard improvements.
Except as otherwise specifically provided all sums used for improving any public park, parkway, road, boulevard, or street under the control of the board and all sums required for the general expenses of such board and for other park purposes shall be paid out of moneys appropriated from the general fund of the first or second class municipality and shall be appropriated and expended in the same manner as other money is appropriated and expended by the governing body.
Source: SL 1915, ch 260, § 59; SL 1917, ch 305, § 5; RC 1919, § 6502; SDC 1939, § 45.2534; SL 1967, ch 223, § 2; SL 1992, ch 60, § 2.
9-38-42. Annual estimate for maintenance and improvement of parks and roads.
The park board shall annually make an estimate of the moneys necessary for maintaining, constructing, and improving parks, parkways, roads, boulevards, and avenues which are under its control for the ensuing fiscal year. The estimate shall specify the amount required for each park district and the amount required for general park purposes and shall be certified by the secretary of the board to the municipal finance officer at a time specified by the municipal governing body.
Source: SL 1909, ch 272, § 5; SL 1915, ch 260, § 55; SL 1917, ch 305, § 3; RC 1919, §§ 6438, 6499; SL 1925, ch 237, § 6; SDC 1939, § 45.2533; SL 1945, ch 206; SL 1955, ch 213; SL 1959, ch 271; SL 1967, ch 223, § 1; SL 1983, ch 66; SL 2014, ch 52, § 1.
9-38-44. Annual estimate for maintenance of trees and shrubbery.
In addition to the estimate made pursuant to § 9-38-42, the board shall, at the time referred to in § 9-38-42, make an estimate of the moneys necessary for the planting, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks within the municipality or which are under its control. Such estimates shall specify the amount required for forestry purposes and shall be certified by the secretary of the board to the municipal finance officer at a time specified by the municipal governing body.
Source: SDC 1939, § 45.2533 as added by SL 1967, ch 223, § 1; SL 1992, ch 60, § 2; SL 2014, ch 52, § 2.
9-38-47. Requisition by park board for expenditure of appropriated funds.
The board by requisition may expend the money appropriated for construction and maintenance of the parks, parkways, and boulevards and for the plantings, maintenance, treatment, or removal of trees and shrubbery in the streets, alleys, avenues, boulevards, and parks within the first or second class municipality or which are under its control in each park district and for the use of the districts.
Source: SL 1915, ch 260, §§ 41, 59; SL 1917, ch 305, § 5; RC 1919, §§ 6485, 6502; SDC 1939, § 45.2534; SL 1967, ch 223, § 2; SL 1973, ch 53, § 3; SL 1978, ch 62, § 13; SL 1992, ch 60, § 2.
9-38-48. Park district moneys not to be diverted to other districts.
The board shall not expend the money of one park district for use in any other park district.
Source: SL 1915, ch 260, § 59; SL 1917, ch 305, § 5; RC 1919, § 6502; SDC 1939, § 45.2534; SL 1967, ch 223, § 2.
9-38-49. Repealed by SL 2012, ch 57, § 72.
9-38-50. Repealed.
Source: SL 1915, ch 260, § 49; RC 1919, § 6493; SDC 1939, § 45.2527; SL 2021, ch 43, § 3.
9-38-51 to 9-38-53. Repealed by SL 2012, ch 57, §§ 74 to 76.
9-38-54. Water for park purposes supplied by municipality--Charges against park district.
The board is authorized to take from the hydrants and water pipes of the municipality, and to make sewer connections, under such reasonable rules and regulations as may be prescribed by ordinance or by the water or sewer department, all water and sewer needs which may be required for park purposes, and at the option of the governing body, charges may be made on account thereof against the funds of any park district or other funds under the control of such board.
Source: SL 1915, ch 260, § 75; RC 1919, § 6518; SDC 1939, § 45.2537; SL 1977, ch 77.
9-38-55. First or second class municipality not liable for negligent injuries in improvement or operation of park--Employee's rights preserved.
No action shall lie against the board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the board while engaged in the improvement, maintenance, or operation of property owned or operated as a park or used for park purposes; provided that nothing herein contained shall operate to prevent any employee of the board or of the municipality from maintaining an action to recover damages for injuries received in the course of his employment.
Source: SL 1915, ch 260, § 65; RC 1919, § 6508; SL 1925, ch 237, § 9; SDC 1939, § 45.2539; SL 1992, ch 60, § 2.
9-38-56. Ordinance required for building of railway across park or boulevard.
No railway shall be built into, through, or over any park, parkway, or boulevard without the consent of the governing body evidenced by ordinance passed upon recommendation of the board.
Source: SL 1915, ch 260, § 61; RC 1919, § 6504; SDC 1939, § 45.2523.
9-38-57. Board consent required for utility wires or posts on parks or boulevards--Regulation by board.
No telegraph, telephone, or electric light wires, or other wires or posts or supports thereof shall be erected or placed in, upon, through, or over any park without the consent of the board, and the board shall have power to designate the place or places for and manner of erecting, placing, and maintaining the same in or upon any park or boulevard and may cause the place and manner of maintaining the same to be altered at such times and in such manner as it shall deem best for the interests of the first or second class municipality and may require such wires in any park, parkway, or boulevard to be put and kept underground.
Source: SL 1915, ch 260, § 61; RC 1919, § 6504; SDC 1939, § 45.2523; SL 1992, ch 60, § 2.
9-38-58. Assessments for street and sewer improvements benefitting park land paid from park funds.
Whenever any street not under the control of the board upon which any park land under the control of such board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in the sewer district in which any park land under the control of such board is situated, and special assessments have been issued against such park land or against the first or second class municipality on account of the benefit deemed to have accrued to such park land or to the municipality on account of such park land by virtue of such improvement, the board shall pay such special assessments or any judgments obtained against the municipality on account thereof, out of the funds under the control of such board not otherwise appropriated.
Source: SL 1915, ch 260, § 74; SL 1917, ch 305, § 6; RC 1919, § 6517; SDC 1939, § 45.2531; SL 1992, ch 60, § 2.
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.
Any municipality shall have power to construct, equip, provide, maintain, operate, and regulate swimming pools and necessary buildings in connection therewith on lands of or in parks of such municipality.
Whenever it is proposed to exercise such power, the governing body by resolution shall declare the necessity for the making of such improvement, describing the contemplated improvement and stating the maximum amount of money to be expended for the same.
The governing body may provide for such expenditure from the general fund of the municipality or through the issuance and sale of bonds in the manner provided by law.
Source: SL 1937, ch 180, §§ 1, 2; SDC 1939, § 45.2536.
9-38-61. Swimming pool revenue bonds authorized.
A municipality may issue revenue bonds to provide funds for the purpose of acquiring, constructing, and operating municipally owned swimming pools or for the purpose of refunding outstanding revenue bonds issued under the provisions of §§ 9-38-61 to 9-38-75, inclusive.
Source: SL 1957, ch 258, § 1; SDC Supp 1960, § 45.24D01; SL 1984, ch 43, § 72.
9-38-62. Authorization, issuance, and sale of bonds.
Bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
Source: SL 1957, ch 258, § 1; SDC Supp 1960, § 45.24D01; SL 1984, ch 43, § 73.
9-38-64. Revenue from which swimming pool bonds payable--Lien on revenues--Municipal credit and taxing powers not pledged.
Such revenue bonds shall be payable solely from and shall constitute a lien upon the gross revenues derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of §§ 9-38-61 to 9-38-75, inclusive. The credit and taxing powers of the municipality shall not be pledged for the payment of revenue bonds issued hereunder and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon.
Source: SL 1957, ch 258, § 1; SDC Supp 1960, § 45.24D01.
9-38-65. Covenant and agreements with holders of swimming pool revenue bonds--Application of revenues--Remedies of bondholders.
By the resolution or ordinance authorizing revenue bonds, the governing body may make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership and proper operation and maintenance of swimming pool facilities, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on swimming pool properties and bonds of employees, relative priorities of lien of outstanding and future bonds upon the gross revenues, refunding of bonds, and the enforcement of bondholders' rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder may compel by appropriate court action the performance thereof, whether or not his bond is then in default.
Source: SL 1957, ch 258, § 3; SDC Supp 1960, § 45.24D03; SL 1984, ch 43, § 74.
9-38-66. References in revenue bonds to authorizing resolution--Negotiability of bonds.
Bonds issued pursuant to §§ 9-38-61 to 9-38-75, inclusive, may refer to the authorizing resolution or resolutions 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 resolutions.
Source: SL 1957, ch 258, § 5; SDC Supp 1960, § 45.24D05; SL 1984, ch 43, § 75.
9-38-69. Special fund for swimming pool revenue bonds--Pledge of income.
Prior to delivery of any such bonds, the governing body shall by said resolutions create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of swimming pool facilities and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof.
Source: SL 1957, ch 258, § 2; SDC Supp 1960, § 45.24D02.
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.
The governing body of each municipality issuing bonds hereunder shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to swimming pool premises for the purpose of use of any of the swimming pool facilities and for attendance at or participation in any recreational, athletic or exhibition activities conducted by the municipality or any board or department thereof, or for any other purpose, and shall also have the authority and duty to establish and collect reasonable rentals for all use and occupancy and reservation for use or occupancy of the premises and any part thereof, for any purpose, by any person, firm or public or private corporation other than the municipality itself, whether or not such person, firm or corporation shall charge for admission of individuals to the premises so rented. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the swimming pool facility and sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.
Source: SL 1957, ch 258, § 3; SDC Supp 1960, § 45.24D03.
9-38-72. Operating expenses paid from swimming pool fund--Appropriations from fund for bond payments and reserves.
From the fund created pursuant to § 9-38-69 shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the facilities, and the revenues remaining in said fund from time to time after payment of such expenses shall be appropriated to a separate account to the extent necessary for the payment of principal of and interest on the bonds and maintenance of such reserves securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.
Source: SL 1957, ch 258, § 2; SDC Supp 1960, § 45.24D02.
9-38-73. Findings and determinations as covenants with holders of swimming pool revenue bonds.
The findings and determinations authorized in §§ 9-38-61 to 9-38-72, inclusive, shall constitute binding representations, recitals and covenants of each municipality issuing revenue bonds thereunder to and with the purchasers and holders of all such bonds.
Source: SL 1957, ch 258, § 2; SDC Supp 1960, § 45.24D02.
9-38-74. Municipal indebtedness not authorized by swimming pool revenue bond law.
Nothing contained in §§ 9-38-61 to 9-38-73, inclusive, shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.
Source: SL 1957, ch 258, § 7; SDC Supp 1960, § 45.24D07.
9-38-75. Severability of swimming pool revenue bond law and resolutions.
If any provision of §§ 9-38-61 to 9-38-74, inclusive, or any resolution or resolutions authorizing the issuance of bonds pursuant to said sections, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of said sections or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of said sections, and the provisions and applications of said sections are declared to be severable.
Source: SL 1957, ch 258, § 7; SDC Supp 1960, § 45.24D07.
9-38-76. Gymnasium or community house authorized by voters--Bond issue.
A first or second class municipality may establish and maintain a public gymnasium or public community house and the grounds therefor within the city limits when authorized by a majority vote of the voters of the city voting on the proposition at any annual or special election and may issue bonds for that purpose.
Source: SL 1917, ch 312; RC 1919, § 6170 (16); SL 1923, ch 230; SDC 1939, § 45.0202 (14); SL 1978, ch 62, § 14; SL 1992, ch 60, § 2.
9-38-77. Municipal borrowing power for recreation and playgrounds--Negotiable bonds.
Every municipality shall have the power to borrow money on the credit of the corporation for the purpose of acquiring sites, purchasing or constructing buildings and facilities for public recreation and playground purposes, and to issue its negotiable bonds therefor in the manner provided by §§ 9-38-60 to 9-38-75, inclusive.
Source: SL 1949, ch 202, § 22; SDC Supp 1960, § 45.3222; SL 1973, ch 55.
9-38-78. Appropriations for playgrounds and athletics.
A municipality may appropriate funds for the purchase, establishment, and maintenance of playgrounds or children's parks and the support and encouragement of athletics within the municipality.
Source: SL 1921, ch 306; SDC 1939, § 45.0201 (8); SL 1978, ch 62, § 15.
9-38-80. Creation and purpose of recreation board--Delegation of powers to park board.
A governing body may by ordinance create a recreation board, the membership to be determined by the governing body, to operate a system of public recreation, playgrounds, and children's parks, except that in first and second class municipalities having a park board, the powers and duties of a recreation board may be delegated to the park board of the municipality, which board shall then be designated as a park and recreation board, which, in addition to its powers and duties relating to parks, shall have all the powers and duties of a recreation board as provided in this chapter. The governing body of a municipality may exercise all the powers and duties of a recreation board in lieu thereof if it determines the same to be in the best interest of the municipality. The ordinance creating the board shall specify the number, the qualifications, the term of office of the members, the frequency of board meetings, the officers to be selected and a description of their duties, the number of members necessary for a quorum, and the scope of the board's authority.
Source: SL 1949, ch 202, § 1; SDC Supp 1960, § 45.3201; SL 1965, ch 218; SL 1970, ch 63, § 4; SL 1971, ch 67; SL 1978, ch 62, § 16; SL 1992, ch 60, § 2; SL 1995, ch 49, § 10.
9-38-82. Bond required of recreation board members--Payment of premiums.
Each member of the recreation board before entering upon his official duties shall give such bond to the first or second class municipality, as may be required by the governing body, for the faithful performance of his duties and shall take and file in the city auditor's office with any such bond the usual oath of office required from appointive officers of the municipality. The municipality shall pay any premium required to be given by the members of the recreation board or its officers or employees. All official bonds required by the governing body under the provisions of §§ 9-38-80 to 9-38-106, inclusive, shall be approved by the governing body.
Source: SL 1949, ch 202, § 3; SDC Supp 1960, § 45.3203; SL 1992, ch 60, § 2.
9-38-84. Documents and requisitions signed by board president or vice president--Countersigning of requisitions.
The president, and in his absence or disability, the vice president, shall have authority to sign, execute and acknowledge in the name of the recreation board all contracts or documents of any character as authorized by and to carry out the purposes of chapter 42-2 and § 9-38-78, and to sign requisitions upon the city auditor for warrants upon the city treasurer for funds under control of and authorized to be expended by such recreation board. All such requisitions shall be countersigned by the secretary and, in his absence or disability, by some member of the recreation board other than the president or vice president.
Source: SL 1949, ch 202, § 5; SDC Supp 1960, § 45.3205; SL 1973, ch 53, § 4.
9-38-86. Regulations for proceedings of recreation board--Contracts on behalf of city.
Subject to the approval of the governing body, the board shall make bylaws, rules, and regulations for the orderly transaction and conduct of its business. Subject to the approval of the governing body the board may make and enforce contracts in the name of the city to carry out the purposes of §§ 9-38-80 to 9-38-106, inclusive, and chapter 42-2.
Source: SL 1949, ch 202, § 5; SDC Supp 1960, § 45.3205; SL 1992, ch 60, § 2; SL 1995, ch 49, § 14.
9-38-88. Records of recreation board as evidence.
The records of such recreation board, kept by its secretary, or copies of any such records when duly certified by the secretary shall be competent evidence of the proceedings of such recreation board.
Source: SL 1949, ch 202, § 8; SDC Supp 1960, § 45.3208.
9-38-90. Legal assistance to recreation board.
The city attorney as a part of his duties shall conduct all court proceedings under §§ 9-38-80 to 9-38-106, inclusive, and shall be the legal adviser of the recreation board. When in its judgment the interests of the first or second class municipality demand, the recreation board may employ special counsel to assist the city attorney.
Source: SL 1949, ch 202, § 14; SDC Supp 1960, § 45.3214; SL 1992, ch 60, § 2.
9-38-90.1. Combined park and recreation board--Powers and duties.
If a second or third class municipality has created a park board according to the provisions of § 9-38-8, or if a first class municipality has created a park board according to the provisions of §§ 9-38-10 and 9-38-11, and if such a municipality has created a recreation board according to the provisions of § 9-38-80, such a municipality may combine the park board and the recreation board at any time by ordinance of the governing body. The combined board shall be designated as the park and recreation board. The park and recreation board shall exercise all the powers and duties that a park board and a recreation board are permitted to exercise separately by law.
Source: SL 1969, ch 191, § 1; SL 1992, ch 60, § 2.
9-38-90.2. Members of combined board--Supervision.
The governing body of the municipality shall determine the number of members of the park and recreation board. The park and recreation board shall be under the control and supervision of the governing body of the municipality, and the governing body shall prescribe all rules, regulations, and responsibilities of the park and recreation board in a manner consistent with law.
Source: SL 1969, ch 191, § 2; SL 1992, ch 60, § 2.
9-38-90.3. Funds of combined board.
Subsequent to any such consolidation, the receipts derived from the separate levies provided for park and for recreation purposes may be maintained in separate accounts, or the governing body may provide for their being combined into one account.
Source: SL 1969, ch 191, § 3.
9-38-91. Powers of recreation board--Acquisition, maintenance, and supervision of land and facilities.
The recreation board may operate a system of public recreation and playgrounds within the municipality as provided by chapter 42-2, and for such purposes the recreation board may acquire, equip, and maintain land, buildings, or other recreational facilities, and expend money appropriated for that purpose, and any other moneys received for the use of the recreation board. The acquisition of any land for such purposes by the recreation board shall be subject to the approval of the governing body of the first or second class municipality. The recreation board shall supply all of the supervision and management for the use of all recreation facilities.
Source: SL 1949, ch 202, § 9; SDC Supp 1960, § 45.3209; SL 1978, ch 62, § 17; SL 1992, ch 60, § 2.
9-38-92. Park board responsibility for maintenance and improvement of recreation grounds--Parks used where possible.
Except in those first and second class municipalities in which the powers and duties of a recreation board have been delegated to the park board of the municipality, the maintenance and improvement of the grounds of any land acquired by the recreation board for public recreation, playground, or children's park purposes shall be the responsibility of the park board of the municipality; and, when possible, public parks, or designated areas thereof, within the municipality shall be used in the operation of a system of public recreation, playgrounds, and children's parks.
Source: SL 1949, ch 202, § 23; SDC Supp 1960, § 45.3223; SL 1992, ch 60, § 2.
9-38-93. Agreements by recreation board and park board for use of park grounds--Coordination of activities of boards.
In first and second class municipalities where there are separate boards, the designation or the use of any public park, or designated area thereof, for recreational purposes shall be by agreement of the recreation board and park board, subject to review or determination by the governing body of the municipality in the event of disagreement as to such use. In order to facilitate the carrying out of the authorized purposes of the recreation board and the park board in municipalities where there are separate boards and to coordinate the activities of each board, the recreation board may require that the park superintendent, the executive officer of the park board, attend any regular or special meeting of the recreation board, and the park board may require that the director of recreation, the executive officer of the recreation board, attend any regular or special meeting of the park board.
Source: SL 1949, ch 202, § 23; SDC Supp 1960, § 45.3223; SL 1992, ch 60, § 2.
9-38-94. Appointment, duties and compensation of director of recreation--Employment of other officers and employees.
With the approval of the governing body the recreation board may appoint a director of recreation, who shall be the chief executive officer under the recreation board. He shall hold office at the pleasure of the recreation board and receive such salary as the recreation board may determine and shall on its behalf have charge, supervision, and direction of all work and of all officers and employees under the recreation board. The recreation board may also appoint and employ other officers and employees as it may deem necessary and shall prescribe and fix their duties and compensation.
Source: SL 1949, ch 202, § 10; SDC Supp 1960, § 45.3210.
9-38-95. Bonds required of recreation board officers and employees.
The recreation board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the city auditor.
Source: SL 1949, ch 202, § 11; SDC Supp 1960, § 45.3211.
9-38-96. Recreation board recommendations by resolution--Ordinance based on recommendation.
Any recommendation by the recreation board to the governing body shall be by resolution. When any ordinance of the governing body shall be passed upon the recommendation of the recreation board, it shall not be necessary for such ordinance to recite at length the resolution of the recreation board recommending the same, but it shall be sufficient to recite the fact of such recommendation by such recreation board, which recital shall be conclusive of the making and regularity of such resolution in all proceedings thereafter.
Source: SL 1949, ch 202, § 12; SDC Supp 1960, § 45.3212.
9-38-97. Recreation board reports to governing body--Records subject to inspection.
The recreation board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control. The governing body may require a report from such recreation board at any time, and the records, books, papers, and accounts of the recreation board shall at all times be subject to inspection by the mayor, auditor, or any committee appointed by the governing body for that purpose or any citizen.
Source: SL 1949, ch 202, § 13; SDC Supp 1960, § 45.3213.
9-38-98. Acceptance of gifts to first or second class municipality for recreational purposes.
Real or personal property or the income thereof may be granted, bequeathed, devised, or conveyed to the first or second class municipality for the recreational purposes authorized by chapter 42-2 and upon such conditions as may be prescribed by the grantors, donors, or devisors thereof and agreed to by the governing body of the municipality and the recreation board.
Source: SL 1949, ch 202, § 17; SDC Supp 1960, § 45.3217; SL 1992, ch 60, § 2.
9-38-99. Land acquisition for playgrounds and recreational purposes--Sources of money used in payment.
Upon recommendation of the recreation board the governing body may provide by ordinance for the purchase, condemnation, or otherwise obtaining of land within or without the city limits for public recreation, playgrounds, and children's parks, and establish the same. Payment for any land so selected and acquired may be made out of any money received for the use of the recreation board or by the issue and sale of bonds of the first or second class municipality after authorization as provided by law.
Source: SL 1949, ch 202, § 16; SDC Supp 1960, § 45.3216; SL 1978, ch 62, § 18; SL 1992, ch 60, § 2.
9-38-100. Contracts for construction and improvement of playgrounds and recreational facilities--Supervision by recreation board.
Contracts for doing any construction or improvements incidental to the operation of a system of public recreation, playgrounds and children's parks shall be let by the recreation board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not under control of the recreation board is let by the governing body of the first or second class municipality. All such work shall be done under the supervision and control of the recreation board.
Source: SL 1949, ch 202, § 18; SDC Supp 1960, § 45.3218; SL 1992, ch 60, § 2.
9-38-101. Expenses paid out of appropriated funds--Expenditure as other municipal funds.
Except as otherwise specifically provided all sums used for the purpose of acquiring, equipping, and maintaining land, buildings, or recreational facilities as authorized by chapter 42-2 and § 9-38-78 and all sums required for the general expenses of the recreation board shall be paid out of money appropriated for that purpose. Such money shall be appropriated and expended in the same manner as other money is appropriated and expended by the governing body of the first or second class municipality.
Source: SL 1949, ch 202, § 21; SDC Supp 1960, § 45.3221; SL 1978, ch 62, § 19; SL 1992, ch 60, § 2.
9-38-105. Municipality not liable for negligent injury in operation of playground and recreation system--Employee's rights preserved.
No action shall lie against the recreation board or against the first or second class municipality or the governing body of the municipality to recover for injuries sustained by any person through the negligence of the officers or employees of the recreation board while engaged in the operation of a system of public recreation and playgrounds; provided that nothing herein contained shall operate to prevent any employee of the recreation board or of the municipality from maintaining an action to recover damages for injuries received in the course of his employment.
Source: SL 1949, ch 202, § 23A; SDC Supp 1960, § 45.3224; SL 1992, ch 60, § 2.
9-38-106. Special assessments for street and sewer improvements benefitting playground areas paid from recreational funds.
Whenever any street not under the control of the recreation board upon which any property for public recreation, playgrounds, or children's parks under the control of such recreation board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in the sewer district in which any property for public recreation, playgrounds, or children's parks under the control of such recreation board is situated, and special assessments have been issued against such property for public recreation, playgrounds, or children's parks or against the first or second class municipality on account of the benefit deemed to have accrued to such property for public recreation, playgrounds, or children's parks or to the municipality on account of such property for public recreation, playgrounds, or children's parks by virtue of such improvement, the recreation board shall pay such special assessments or any judgments obtained against the municipality on account thereof, out of the funds under the control of such recreation board not otherwise appropriated.
Source: SL 1949, ch 202, § 19; SDC Supp 1960, § 45.3219; SL 1992, ch 60, § 2.
9-38-107. Appropriations for art galleries and museums--Board to control expenditures.
A municipality may appropriate money for the purchase, construction, maintenance, and operation within the municipality of a public art gallery or public museum, or both, or for the support of an established art gallery or museum, or both, conducted for the use and benefit of the public and not for profit. The expenditure of such money shall be under the supervision of a three-member board appointed by the governing body of the municipality. Not more than one member of the board shall be a member of the governing body.
Source: SDC 1939, § 45.0201 (110) as added by SL 1965, ch 209; SL 1978, ch 62, § 20.
9-38-108. Appropriations for free musical concerts.
Every municipality may appropriate funds for the furnishing of free musical concerts to the public.
Source: SL 1915, ch 295; RC 1919, § 6169 (79); SL 1923, ch 234; SDC 1939, § 45.0201 (7); SL 1978, ch 62, § 21.
9-38-112. Special park gift fund authorized.
Any park board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for park purposes. Each donation shall be administered in accordance with its terms. The park board may establish a special park gift fund. The moneys in the fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. The special park gift fund shall be a separate and continuing fund, and no moneys in the fund may revert to the general fund of any local governmental unit.
Source: SL 1996, ch 61, § 1.
9-38-113. Special recreation gift fund authorized.
Any recreation board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for recreation purposes. Each donation shall be administered in accordance with its terms. The recreation board may establish a special recreation gift fund. The moneys in the fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. The special recreation gift fund shall be a separate and continuing fund, and no moneys in the fund may revert to the general fund of any local governmental unit.
Source: SL 1996, ch 61, § 2.
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.
9-39-1. Municipal power to construct and operate electric, light, heat, and power utilities.
Every municipality shall have power to construct, operate, and maintain any system or part thereof to provide light, heat, and power; to purchase electric current from without the limits of the municipality; to sell electric current to be transmitted to any point without the municipality; and to maintain transmission lines for such purposes without the municipality.
Source: SL 1915, ch 112, § 1; SL 1915, ch 118; RC 1919, § 6169 (17); SL 1925, ch 241; SDC 1939, § 45.0201 (77); SL 1951, ch 237; SL 1965, ch 210; SL 1965, ch 254, § 11; SL 1970, ch 261, § 11.
9-39-2. Agreement with state or other governmental units for cooperative exercise of statutory powers and duties.
Any municipal corporation which had a municipal electrical plant, or electrical distribution system or electrical generating plant, or a combination thereof, in existence, or authorized, on July 1, 1961, may, by action of the governing body thereof, enter into an agreement with any such other governmental unit or units or with the state or any department or agency thereof, for the joint or cooperative exercise of any power or duty required or authorized by statute, and as a part of such agreement may provide a plan for prorating any expenditures involved.
Source: SL 1961, ch 254, § 1.
9-39-3. Contracts between municipalities for joint projects.
Any municipal corporation which had a municipal electrical plant, or electrical distribution system, or electrical generating plant or a combination thereof, in existence, or authorized, on July 1, 1961, in the exercise of its powers may contract jointly with any such other municipal corporation, for any joint project, wherever each portion of the project is within the scope of authority of the respective municipal corporations.
Source: SL 1961, ch 254, § 2.
9-39-3.1. Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction.
Pursuant to the provisions of S.D. Const., Art. IX, § 3, any municipality owning an electric utility system may, pursuant to an agreement or agreements with any other governmental entities, either within or without the state, which own electric utility systems, acquire, construct, and finance by issuance of its revenue bonds in the manner prescribed in chapter 9-40, electric generation and transmission facilities, or any interest therein, and sell the output, capacity and services of such facilities to such other governmental entities in such respective amounts as shall be determined by such municipality to be necessary or appropriate in order to make the most efficient and effective use of its powers and responsibilities to supply the electric needs of its electric customers, and to this end this section shall be liberally construed.
Source: SL 1976, ch 84, § 1.
9-39-4. Agreements with other public bodies and utilities--Purposes.
Every municipality shall have power to enter into contracts or agreements with the United States of America, or any agency thereof, the State of South Dakota, or any agency thereof, the political subdivisions of South Dakota or any other state, and the cooperative and privately owned power companies for such purposes as are herein set forth. Such purposes shall be for the purchase of electrical energy service and for the resale of electrical energy; to discontinue the generation of energy by its existing producing plants and to maintain such plants in a serviceable condition for standby service and to sell such electrical energy; to acquire electrical generation equipment and to maintain and construct the necessary facilities for the generation or transmission of electrical energy from a point within or without the State of South Dakota.
Source: SDC 1939, § 45.0201 (77) as added by SL 1951, ch 237; SL 1965, ch 210; SL 1965, ch 254, § 11; SL 1970, ch 261, § 11; SL 1972, ch 50; SL 1975, ch 90, § 1; SL 1977, ch 78.
9-39-4.1. Contracts with municipal power agencies--Action contesting validity--Voters' approval not required.
A municipal corporation, which operates its own electric distribution system, whether or not a member of a municipal power agency, may by resolution of its city council and utility board, if any, enter into a contract or contracts with one or more municipal power agencies for the purchase, sale, exchange, or transmission of electric energy extending for such term of years and with such provisions for the charges made thereunder as determined in the authorizing resolution or resolutions. Every resolution adopted in accordance with this section shall be published in the official newspaper of the first or second class municipality. No action may be brought and no defense may be interposed in an action brought more than twenty days after publication of the resolution, placing at issue the validity of any provision of the resolution or the power of the municipality to make any contract or incur any obligation authorized thereby. The provisions of §§ 9-39-36 to 9-39-39, inclusive, shall not apply to the resolutions or contracts.
Source: SL 1978, ch 66, § 48; SL 1992, ch 60, § 2.
9-39-6. Municipal power to place utilities under utility board--Utilities subject to provisions.
Any municipality may, by vote of its voters, as hereinafter provided, determine whether or not the management and control of one or more utility which the municipality owns or may acquire, such as waterworks, heating plant, gas works, electric light or power plant, or other revenue producing municipal utility or business, shall be placed in the hands of a municipal utility board for the management and control of such utility.
Source: SL 1955, ch 221, § 1; SDC Supp 1960, § 45.3901.
9-39-7. Petition for placement of utility under utility board--Number of signers required.
The municipal governing body, upon a petition signed by fifteen percent of the registered voters in the municipality, based upon the total number of registered voters at the last preceding general election, filed with the municipal finance officer, shall submit to the voters of the municipality the question described in § 9-39-6 at a special election to be governed by the provisions of § 9-13-14. The petition shall set forth the question which the petitioners desire submitted.
Source: SL 1955, ch 221, § 1; SDC Supp 1960, § 45.3901; SL 1987, ch 67, § 17.
9-39-8. Form of question on placement of utility under utility board.
The question to be submitted and voted upon at such special election shall be: "Shall the municipality of ____ (naming the municipality) place the management and control of its ____ (naming the utility) in the hands of a municipal utility board composed of ____ (either three or five) members?"
Source: SL 1955, ch 221, § 2; SDC Supp 1960, § 45.3902.
9-39-9. Appointment of members of utility board.
When at such election on the question specified in § 9-39-8, the majority vote is in the affirmative, the mayor, or in the case of municipalities not having a mayor, the chairman of the town board, shall appoint a board of the number designated in the question to be known as the "municipal utility board," which appointment shall be approved and confirmed by the governing body.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-10. Terms of office of three-member utility board.
In the case of a three-member municipal utility board, one member shall be appointed to hold office until the first regular meeting of the governing body in the second month of May after his appointment and until his successor is appointed and qualified, one to hold office until the first regular meeting of the governing body in the fourth month of May after his appointment and until his successor is appointed and qualified, and one to hold office until the first regular meeting of the governing body in the sixth month of May after his appointment and until his successor is appointed and qualified. At the first regular meeting of the governing body in May of the year in which a member's term expires, of a three-member board, a member shall be appointed and confirmed for a term of six years.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-11. Terms of office of five-member utility board.
Five-member municipal utility boards shall be appointed in such manner that one member shall be appointed to hold office until the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified, and one to hold office for one year, one to hold office for two years, one to hold office for three years, and one to hold office for four years after the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified and at the first regular meeting of the governing body in May of each year one member shall be appointed for a term of five years to succeed the retiring member.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-12. Vacancies on utility board--Qualifications of members.
All vacancies occurring on the municipal utility board during the term of the office shall be filled for the unexpired term in the manner original appointments are made. Each board member shall be a resident and freeholder of the municipality.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-13. Bond required of utility board members--Payment of premium.
Each municipal utility board member shall execute and furnish to the municipality an official bond in the sum of twenty-five hundred dollars to be approved by the mayor or chairman of the town board and filed with the city auditor or town clerk with the premium on said bond to be paid by the municipality from the fund of the utility or utilities being controlled or managed or to be controlled and managed by such municipal utility board.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-14. Removal of utility board members from office.
The members of the municipal utility board shall be removable during their respective terms of office only under the provisions of chapter 3-17.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-15. Salary of utility board members.
No member of the municipal utility board shall receive a salary except as same may be fixed by the governing body of the municipality.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-16. Rules for utility board proceedings--Monthly meetings.
The municipal utility board shall adopt rules for its own proceedings which shall provide among other things for at least one regular meeting by such board each month.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (2).
9-39-17. President and secretary of utility board--Salary of secretary.
The municipal utility board shall annually at its meeting in May choose a president from among its own members. It shall also appoint a secretary for an indefinite term. The secretary need not be a member of the municipal utility board and may be the city auditor or town clerk. The secretary shall receive a salary to be fixed by the municipal utility board to be paid from funds under its control.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (2).
9-39-18. Time of assumption of control by utility board.
The municipal utility board shall assume the management and control of the utility designated in the question upon which the vote was had at the time of the first regular meeting of the governing body of the municipality following such special election.
Source: SL 1955, ch 221, § 3; SDC Supp 1960, § 45.3903 (1).
9-39-19. Extension, improvement, and operation of utility--Contracts.
The municipal utility board shall have power to extend, modify, or rebuild any public utility under its management and control, and to do anything such board deems necessary for the proper and efficient operation of such utility. Said board may enter necessary contracts for these purposes.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (1).
9-39-20. Law applicable to utility board contracts.
The provisions of chapter 5-18A relating to advertisement for bids and §§ 6-1-1 to 6-1-4, inclusive, relative to participation in contracts by members of the governing body, apply to contracts of and members of municipal utility boards.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (1); SL 2011, ch 2, § 115.
9-39-21. Employment of personnel by utility board--Inclusion in civil service system.
The municipal utility board shall have the power to employ all necessary help for the management and operation of the utility or utilities under its control and management, prescribe duties of officers and employees and fix their compensation. The governing body of the municipality shall retain the power to determine whether utility employees shall be included in the municipality's civil service system.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (2).
9-39-21.1. Appointment of municipal industrial development director.
The municipal utility board shall have power to appoint a municipal industrial development director, to fix his compensation to be paid from funds under the control of such board, and under its control and management, and prescribe the duties of such officer.
Source: SDC Supp 1960, § 45.3904 as added by SL 1969, ch 186.
9-39-22. Purchase of supplies by utility board--Wholesale purchase of utility service.
The municipal utility board shall have power to buy all fuel and supplies and where the utility is engaged in distribution it may purchase wholesale electric energy, steam heat, gas, or water as the case may be for municipal distribution.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (3).
9-39-23. Rates, fees, charges, and assessments fixed by utility board--Rules and regulations.
The municipal utility board has all of the powers granted to a governing body in this title to fix reasonable rates, fees, and charges, and to make special assessments for improvements as provided in chapter 9-43. The board may adopt, by resolution, reasonable rules and regulations for utility services supplied by the municipally owned public utilities under its control and management within the limits permitted by the statutes of this state.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (4); SL 1980, ch 70, § 1; SL 2012, ch 57, § 77.
9-39-24. Agreements between utility board and governing body--Services furnished to municipality--Surplus funds.
The municipal utility board shall have power to enter into all necessary working agreements with the officials and governing body of the municipality and such agreements may contemplate arrangements for furnishing utility services to the municipality by such board, compensation for use by either the municipal utility board or the municipality of buildings, equipment, and personnel under the control of the other and transfers of surplus funds in the control of the municipal utility board to the general fund of the municipality.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (5).
9-39-25. Utility board powers limited by municipal powers.
Nothing in §§ 9-39-19 to 9-39-24, inclusive, is to be construed as vesting any power or powers in any such municipal utilities board or in any municipality beyond the powers now vested in municipal corporations relative to the management and control of utilities.
Source: SL 1955, ch 221, § 4; SDC Supp 1960, § 45.3904 (6).
9-39-26. Separate fund for utility receipts and disbursements--Separate accounts for each utility.
A separate fund shall be established in the municipal treasury. Into this fund shall be paid all receipts from the utility operations under the control of the municipal utility board and from it shall be paid all disbursements attributable to the utility operations under the control of the utility board. The utility board shall maintain separate accounts for each utility in such a manner that the accounting records will show proper classification of the revenues and expenditures and the true operating results for each utility.
Source: SL 1955, ch 221, § 5; SDC Supp 1960, § 45.3905 (1); SL 1961, ch 253.
9-39-27. Audit and allowance of claims against public utilities fund.
The municipal utility board shall in the same manner and to the same extent as the governing board under chapter 9-23 audit claims to be paid from the public utilities fund under the control of said board, which claims arise by reason of the operation of utilities under the management and control of said board. As to such claims the municipal utility board shall assume the duties of the governing body under said chapter 9-23.
Source: SL 1955, ch 221, § 5; SDC Supp 1960, § 45.3905 (2); SL 1961, ch 253.
9-39-28. Warrants on municipal treasurer for disbursements from utilities fund.
The city auditor or town clerk shall draw his warrant upon the municipal treasurer and countersign all warrants for the proper amount allowed pursuant to orders or resolutions of the municipal utility board. The president of the utility board shall countersign all warrants in lieu of the mayor and the warrants will then be presented to the municipal treasurer for countersignature and the warrant shall be paid by such municipal treasurer as provided by § 9-23-7.
Source: SL 1955, ch 221, § 5; SDC Supp 1960, § 45.3905 (2); SL 1961, ch 253.
9-39-29. Fiscal reports by utility board to governing body.
The municipal utility board shall, immediately after the close of each fiscal year and as often additionally as may be required by the municipal governing body upon thirty days' written notice to the secretary of the board, file with the city auditor or town clerk, a detailed written report of all money and moneys received and disbursed by said board for said fiscal year, in the case of an annual report, and since such last report was given in the case of any other report required by the governing body.
Source: SL 1955, ch 221, § 6; SDC Supp 1960, § 45.3906.
9-39-30. Municipal power to abolish utility board or terminate authority over utility.
Any municipality may, by vote of its voters, as hereinafter provided, determine whether its municipal utility board shall be abolished, or whether its authority over any particular utility shall be terminated.
Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (1).
9-39-31. Petition to abolish utility board or terminate authority.
As to any question referred to in § 9-39-30, fifteen percent of the registered voters residing in a municipality, based upon the total number of registered voters at the last preceding general election, may petition for a special election to determine such question.
Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (2); SL 1987, ch 67, § 19.
9-39-32. Form of question on election to abolish utility board or terminate authority.
The form of submitting questions to be voted upon at such special election shall be:
On the question of whether the municipal utility board shall be abolished--"Shall the municipal utility board be abolished?"
On the question of whether the authority of the municipal utility board over any particular utility shall be terminated--"Shall the authority of the municipal utility board over ____ (naming the utility) be terminated?"
Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (2).
9-39-33. Time of change in utility management after approval by voters.
If a majority of the votes cast on such question is in the affirmative, the change in utility management and control indicated thereby shall take place at the first regular meeting of the governing body following such special election.
Source: SL 1955, ch 221, § 7; SDC Supp 1960, § 45.3907 (2).
9-39-34. Control by governing body after utility board abolished or authority terminated.
When at such election on the questions specified in § 9-39-32 the majority vote is in the affirmative, from the time of the next regular meeting of the governing body thereafter, the utility or utilities affected shall be subject to the authority and control of the governing body of the municipality in the same manner as if they had never been under the authority of such municipal utility board.
Source: SL 1955, ch 221, § 8; SDC Supp 1960, § 45.3908.
9-39-35. Waiting period after election on powers of utility board.
The question of whether to establish a municipal utility board, or of abolishing same, or of terminating its authority as to any municipal utility, having been submitted to a vote of the electorate, shall not be resubmitted within a period of three years thereafter.
Source: SL 1955, ch 221, § 9; SDC Supp 1960, § 45.3909.
9-39-36. Municipal power to sell, lease, or grant operating contract for utility.
Every municipality shall have power to sell, convey, and dispose of the plant or equipment of any public utility owned by the municipality and to contract for the leasing or operation of such plant, equipment, or utility by others, and to grant to the lessee or operator under such a contract the right to purchase such plant, equipment, or utility upon such terms and conditions as may be expressed in the contract, after authorization as provided by this title.
Source: SL 1917, ch 314; RC 1919, § 6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, § 45.0201 (76).
9-39-37. Petition for sale, lease, or operating contract for utility--Number of signers required.
Before any sale, conveyance, lease, or operating contract is made of any plant or equipment of any public utility owned by the municipality, there is filed with the municipal finance officer a petition signed by at least fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, requesting that the proposition be submitted to the voters at a regular or special election, which petition shall be filed at least ten days preceding the date set for such regular or special election.
Source: SL 1917, ch 314; RC 1919, § 6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, § 45.1305; SL 1976, ch 84, § 2; SL 1987, ch 67, § 18.
9-39-38. Election on sale, lease or operating contract for utility--Percentage of favorable votes required.
Upon the filing of such petition it shall be the duty of the auditor or clerk to submit such proposition upon a separate ballot to the voters of the municipality at a regular or special election as prayed for in such petition.
If sixty percent of the voters of such municipality voting thereon shall vote in favor of such proposition, a sale, conveyance, lease, or contract for the operation of such plant, equipment, or public utility shall be deemed authorized.
Source: SL 1917, ch 314; RC 1919, § 6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, § 45.1305.
9-39-39. Election requirement inapplicable to jointly owned facilities contracts.
The provisions of §§ 9-39-37 and 9-39-38 shall not apply to contracts entered into by a municipality with others for the construction, operation, or maintenance of jointly owned electric generation or transmission facilities.
Source: SDCL, § 9-39-37 as added by SL 1976, ch 84, § 2.
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.
9-40-1. Municipal power to acquire and operate utility systems--Types of services provided--Limits of service area.
Any municipality may purchase, construct, or otherwise acquire, establish, equip, maintain, operate, extend, or improve any system or part of system for the purpose of providing electric, gas, or other light, heat, and power for municipal, industrial, and domestic purposes; or any system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes; or any system or part of system for the collection, treatment, and disposal of sewage and other domestic, commercial, and industrial wastes; or any system for the control of floods and drainage; or any combination of such light, heat and power, waterworks, sewerage, or flood and drainage control systems, together with extensions, additions, and necessary appurtenances. The systems shall supply the municipality or any specified portion of the municipality or adjacent territory within ten miles of its corporate limits and the inhabitants thereof with electricity, gas, light, heat, power, water supply, sewerage, and flood and drainage control service. A drainage basin utility district established pursuant to chapter 46A-10B may operate within or without its boundaries.
Source: SL 1931, ch 194, § 1; SDC 1939, § 45.2401; SL 1947, ch 211, § 1; SL 1949, ch 191, § 1; SL 1957, ch 251; SL 1989, ch 388, § 16.
9-40-2. Systems defined as utilities.
The term "utility" as used in this chapter means any system or part of system as referred to in § 9-40-1, and any extensions, additions, improvements, or appurtenances to any such system or combination of systems; or a drainage basin utility district established pursuant to chapter 46A-10B.
Source: SL 1931, ch 194, § 1; SDC 1939, § 45.2401; SL 1947, ch 211, § 1; SL 1949, ch 191, § 1; SL 1957, ch 251; SL 1989, ch 388, § 17.
9-40-3. Combining of systems and services into single utility system.
Any combined system furnishing light, heat, power, water supply, and sewerage service, or any of such services may be hereafter acquired, established, equipped, maintained, operated, extended, or improved as a single utility under the provisions of this chapter, and any two or more systems owned and operated by a municipality may be combined for such purposes, or additional services of the types mentioned in § 9-40-1 may be added to those furnished by any utility system owned and operated by the municipality; provided, that the nature of such combined system shall be set forth and the necessity for such combination determined in and by the ordinance required by the provisions of § 9-40-5.
Source: SDC 1939, § 45.2401 as added by SL 1949, ch 191, § 1; SL 1957, ch 251.
9-40-4. Utility facilities outside municipal limits.
Every municipality may procure a supply of water, electricity, or gas and may dispose of sewage outside its corporate limits, and for such purposes may construct, operate, and maintain outside its corporate limits, as a part of any such system, dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters, pipelines, poles, wires, and cables for the transmission of water, electric current, and gas, and sewer mains, outlets, and treatment and disposal plants.
Source: SDC 1939, § 45.2401 as added by SL 1957, ch 251.
9-40-4.1. Water pollution prevention contracts.
Every municipality shall have the further right, power, and authority to accept contributions or other aid from commercial, industrial, or other establishments for the purpose of aiding in the prevention or abatement of water pollution, and in furtherance of such purpose to enter into contracts and agreements, either long term or short term, with any such establishment covering the collection, treatment, or disposal by the municipality of sewage and other wastes from any establishment, the financing, construction, operation, and maintenance of facilities therefor, the charges or compensation to be paid by such establishment, the use and operation by any municipality of sewage collection, treatment, or disposal facilities owned by any such establishment, and the coordination of the sewage collection, treatment, or disposal facilities of the municipality with the sewage collection, treatment, or disposal facilities of any such establishment.
Source: SL 1975, ch 92, § 1; SL 1992, ch 60, § 2.
9-40-4.2. Financial aid for sewerage and water facility systems--Federal contracts.
Every municipality may accept grants or contributions and obtain loans from the United States of America, or any agency or instrumentality thereof presently or hereafter constituted, for the purpose of aiding in financing the cost of planning, construction, equipping, acquiring, extending, and improving facilities for the collection, treatment, or disposal of sewage and other domestic, commercial, and industrial wastes, or for supplying water for municipal, industrial, and domestic use, or for any combination of sewerage and water facilities, and may enter into contracts with the United States of America or any of its agencies or instrumentalities respecting any such grants, contributions, or loans.
Source: SL 1975, ch 92, § 2; SL 1992, ch 60, § 2.
9-40-4.3. Contracts and creation of body for operation of sewerage and water facility systems.
Every municipality shall have the right, power, and authority to contract with municipalities or governmental agencies within or outside the state and take all action necessary for the creation or appointment of a board, commission, authority, or such other body as the governing body of the municipality may deem proper to plan, finance, construct, equip, supervise, operate, maintain, extend, and improve any such system or systems and may prescribe the powers and duties and fix the compensation of the members thereof.
Source: SL 1975, ch 92, § 3; SL 1992, ch 60, § 2.
9-40-5. Bond issue for erection or acquisition of utility--Credit of municipality not used--Authorization--Issuance--Sale.
For the purpose of defraying the cost of erecting, acquiring, and establishing the utility, any municipality may borrow money and issue negotiable bonds, without pledging or using the credit of the municipality. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B.
Source: SL 1931, ch 194, § 2; SDC 1939, § 45.2402; SL 1949, ch 191, § 2; SL 1982, ch 75, § 6; SL 1984, ch 43, § 76.
9-40-6. Revenue bond issue for extension or improvement of utility.
For the purpose of defraying the cost of extensions, additions, and improvements to any utility previously owned and operated by the municipality, every municipality may borrow money and issue negotiable bonds, without pledging or using its credit, in the same manner as provided in § 9-40-5 for the establishment of any such utility.
Source: SDC 1939, § 45.2402 as added by SL 1949, ch 191, § 2.
9-40-7. Additional revenue bonds authorized when original issue insufficient--Priority of issues.
If the governing body finds that the bonds authorized by ordinance or resolution will be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued, and disposed of under the procedure provided in §§ 9-40-8 and 9-40-9, but the additional issues shall be junior to all prior issues, unless provision has been made in the contract and covenants of the first or second class municipality with the holders of the original bonds for the issuance of the additional bonds on a parity therewith.
Source: SL 1931, ch 194, § 14; SDC 1939, § 45.2414; SL 1949, ch 191, § 6; SL 1984, ch 43, § 77; SL 1992, ch 60, § 2.
9-40-8. Provision for additional bond issues of equal standing.
Any municipality may at the time of the issuance of revenue bonds for acquisition, extensions, or improvements of any utility provide for additional bonds of the same issue for extensions, additions, and permanent improvements, to be negotiated from time to time as may be necessary to defray the cost of such extensions, additions, and improvements. Such bonds when so issued and negotiated shall have equal standing with the other bonds of the same issue.
Source: SL 1931, ch 194, § 15; SDC 1939, § 45.2415; SL 1949, ch 191, § 7.
9-40-9. Provision for extension or improvement of utility by additional bond issue--Junior to prior issues.
In like manner such municipality acquiring or improving any utility under the provisions hereof may provide for additions to and extensions or improvements of such utility by an additional issue or issues of bonds in the manner and form provided in this chapter; but such additional issue or issues of bonds shall be junior to all prior issues as provided in § 9-40-7, unless provision shall have been made in the contract and covenants of the first or second class municipality with the holders of the prior bonds for the issuance of such additional bonds on a parity therewith.
Source: SL 1931, ch 194, § 16; SDC 1939, § 45.2415; SL 1949, ch 191, § 7; SL 1992, ch 60, § 2.
9-40-10. Resolution or ordinance to refer to chapter--Purchase price for utility to be specified.
The resolution or ordinance shall provide that the proposed utility or the proposed extensions, additions, and improvements thereto, are to be acquired pursuant to the provisions of this chapter. It shall further describe or specify the agreed price for the purchase or acquisition of the utility, if the price has been agreed to between the owner or owners thereof and the governing body.
Source: SL 1931, ch 194, § 2; SDC 1939, § 45.2402; SL 1949, ch 191, § 2; SL 1984, ch 43, § 78.
9-40-11. Ordinance provisions for utility operation and security of bondholders.
A municipality acquiring, adding to, improving, or extending any utility under the provisions of this chapter may provide by ordinance or resolution duly adopted by its governing body any such lawful provisions and stipulations for the proper operation and maintenance thereof, the administration of the income and revenues, and for the security of the bondholders as the governing body may deem necessary.
Source: SL 1931, ch 194, § 17; SDC 1939, § 45.2416; SL 1949, ch 191, § 8.
9-40-15. Bonds payable from revenue--Circumstances not requiring election.
Bonds issued pursuant to this chapter shall be payable solely from the revenue or income derived from the operation of such utility constructed or otherwise acquired or extended or improved hereunder. The municipality may, in the resolution or ordinance authorizing the bonds, provide that all or any portion of the revenue or income from the utility to be constructed, or otherwise acquired, extended, or improved hereunder, or any part thereof, be segregated from the other revenue or income of the utility, and that only the segregated portion of the revenue or income so segregated be used for the payment of such bonds. The municipality may for this purpose establish a special charge or surcharge for the services of the facilities financed by the bonds. If the bonds are made payable solely from such segregated revenue or income, or if the bonds are issued in connection with a financing agreement described in § 46A-1-49, then no election is required to authorize the issuance of the bonds, unless required by S.D. Const., Art. XIII, § 4.
Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405; SL 1989, ch 77; SL 1990, ch 65.
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.
The governing body of each municipality issuing bonds under this chapter shall establish and collect equitable rates, charges, or rentals for all services and benefits furnished by such sewerage and water facility system or systems or drainage basin utility districts. The rates, charges, or rentals shall be sufficient to produce net revenues adequate to pay the principal of and interest on the bonds issued hereunder as such principal and interest become due, and to create and maintain reasonable reserves therefor. The charges may include a reasonable minimum amount for standby or ready-to-serve benefits and may be based on any factors reasonably related to the character, quantity, and quality of the service or benefits furnished. Rates and charges for sewerage improvements may, but need not, be established as a surcharge on water bills to the extent that the governing body shall determine either that water consumed is a fair measure of sewage produced or that the sewerage improvement prevents pollution of the water supply.
Source: SL 1975, ch 92, § 4; SL 1989, ch 388, § 18.
9-40-16. Pledge of revenue to separate fund--Separate account for bond payments and reserve--Depreciation account and operational costs.
At or before the issuance of such revenue bonds the governing body by ordinance or resolution shall set aside, appropriate, and pledge the income and revenues of such utility, or such specified portion thereof as shall be determined by the governing body, into a separate and special fund or funds to be used and applied in payment of the cost thereof and in the maintenance, operation, repair, and depreciation thereof. Said ordinance or resolution shall provide that so much of the revenues from said utility as shall be necessary shall be set apart in a separate account and applied to the payment of the principal and interest of such revenue bonds and the accumulation of such reserve therefor as may be determined by the governing body to be necessary, and shall fix and determine as near as may be the monthly or annual proportion or amount of such income and revenues which is to be set aside as a proper and adequate depreciation account, and the balance shall be set aside and applied to the extent necessary for the reasonable and proper operation and maintenance thereof.
Source: SL 1931, ch 194, § 9; SDC 1939, § 45.2409; SL 1949, ch 191, § 4.
9-40-17. Revenue pledged to payment of extension and improvement bonds--Prior pledge for original bond issue.
If revenue bonds were issued pursuant to this chapter to make extensions, additions, or improvements to a utility previously owned by the municipality, then only the net income or revenues from such utility as so extended, added to, or improved can be pledged to the payment of such revenue bonds. The net income from the utility as extended, added to, or improved in such case shall be the excess of revenues or income remaining from time to time after first paying all reasonable and current expenses of maintenance, repairs, replacements, and operation including the interest on any general obligation bonds authorized to construct or acquire or improve such original utility and including the necessary debt service funds required to be provided for the retirement of said bond issues, and including the interest and debt service funds required annually to be paid or set aside on any refunding bonds issued to refund such general bonds issued for the original construction or acquisition or improvement of said utility, so extended, added to, or improved.
Source: SL 1931, ch 194, § 9; SDC 1939, § 45.2409; SL 1949, ch 191, § 4.
9-40-18. Taxing power not used for payment of revenue bonds--Restriction on use of other municipal funds.
The taxing powers of such municipality shall never be used for the payment of either the principal of or interest on revenue bonds issued pursuant to this chapter or any part thereof.
No other funds or revenues or property of said municipality shall ever be used to pay such bonds or interest thereon except as may be otherwise provided by law.
Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405.
9-40-19. Chapter and resolution or ordinance incorporated in terms of bonds.
Revenue bonds issued pursuant to this chapter shall refer expressly to the resolution or ordinance, this chapter and any acts amendatory thereto and shall state that they are subject to all of the provisions and limitations thereof, and thereby all provisions and limitations of the resolution or ordinance and of this chapter and amendments thereto shall become a part of the bonds the same as if set forth at length.
Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405; SL 1984, ch 43, § 79.
9-40-21. Separate or combined acquisition of utilities--Purchase price.
One or more such utilities owned by one or more persons may be acquired hereunder separately as a single enterprise or otherwise, and the governing board may agree with the owner or owners as to the value thereof and purchase the same at such agreed price or value.
Source: SL 1931, ch 194, § 3; SDC 1939, § 45.2403.
9-40-22. Payment of purchase price by issuance of bonds.
Any contract for the purchase, construction, or acquisition of a utility may provide that payment therefor shall be made in revenue bonds issued pursuant to this chapter.
Source: SL 1931, ch 194, § 5; SDC 1939, § 45.2405; SL 1982, ch 75, § 8; SL 1984, ch 43, § 80.
9-40-23. Bonds set apart for payment of underlying debt--Income set aside for debt retirement.
The governing body may also set apart bonds hereunder authorized equal to the amount of any lien, secured debt, or charge then subsisting against any utility at the time of the purchase or acquisition of such utility pursuant to this chapter, and shall set aside for interest and debt service funds from the balance of the income and revenues of such utility, remaining after setting aside the necessary amount or funds for the payment of principal of and interest on the revenue bonds, a sum sufficient to comply with the requirements of the instrument or contract creating the underlying lien, debt, or charge; or, if such instrument or contract does not make any provision therefor, said governing body shall fix and determine the amount which shall be set aside into said interest and debt service funds for interest and principal payments on said underlying lien, debt, or charge at the maturity thereof. Any surplus after satisfying the underlying lien, debt, or charge may be transferred to the fund for the redemption of the principal and interest of bonds issued hereunder.
Source: SL 1931, ch 194, § 18; SDC 1939, § 45.2417; SL 1949, ch 191, § 9.
9-40-24. Exchange of bonds for underlying debt--Application of proceeds to debt.
Bonds may be issued and negotiated subject to this chapter, in exchange for or in satisfaction of an underlying lien, debt, or charge on the utility, and the proceeds applied in payment of the same at or before maturity of the underlying lien or debt.
Source: SL 1931, ch 194, § 18; SDC 1939, § 45.2417; SL 1949, ch 191, § 9; SL 1984, ch 43, § 81.
9-40-25. Bondholders' statutory mortgage on utility--Disposition of utility prohibited until bonds retired.
There shall be a statutory mortgage lien upon such utility and the extensions, additions, and improvements thereto acquired pursuant to this chapter, in favor of and for the equal benefit of the lawful holders of bonds issued pursuant to this chapter and interest coupons and each of them, but no such lien shall attach to or become a charge upon or against any property or utility or any part thereof previously owned by such municipality by whatever means or funds acquired. Until all such bonds are fully paid with interest, the municipality shall not sell or otherwise dispose of said utility and shall not establish, authorize, or grant a franchise for the operation of any other utility for supplying like products or services in competition therewith.
Source: SL 1931, ch 194, § 6; SDC 1939, § 45.2406; SL 1949, ch 191, § 3.
9-40-26. Statutory lien continued until bonds paid.
Any such utility shall remain subject to the statutory lien described in § 9-40-25, subject always, however, to the limitations specified in said section, until the payment in full of the principal and interest of such bonds.
Source: SL 1931, ch 194, § 7; SDC 1939, § 45.2407.
9-40-27. Enforcement by bondholders of statutory mortgage and requirements of chapter.
Any holder of bonds issued pursuant to this chapter or of any of the coupons may by proper proceeding protect and enforce the statutory mortgage lien conferred by § 9-40-25 and may enforce and compel performance of all duties required by this chapter, including the making and collecting of sufficient rates, the segregation of the income and revenue, and the proper application thereof.
Source: SL 1931, ch 194, § 7; SDC 1939, § 45.2407.
9-40-28. Rates to cover bond retirement and operational costs.
The rates to be charged for the service from such utility shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due, and to provide for the operation and maintenance and repairs thereof and depreciation, and shall be revised from time to time so as to produce these amounts.
Source: SL 1931, ch 194, § 9; SDC 1939, § 45.2409; SL 1949, ch 191, § 4.
9-40-29. Municipality to pay for services rendered by utility.
The reasonable cost and value of any service rendered to such municipality by such utility subject to revenue bonds issued pursuant to this chapter shall be charged against the municipality and shall be paid for monthly as the service accrues from the current funds applicable to the payment thereof, or from proceeds of taxes which such municipality is hereby authorized and required to levy in an amount sufficient for that purpose. Such funds paid for service shall be accounted for in the same manner as other revenues of such utility.
Source: SL 1931, ch 194, § 12; SDC 1939, § 45.2412.
9-40-30. Surplus transferred to depreciation account.
If any surplus shall be accumulated at any time in the operation and maintenance fund, in excess of a reasonable reserve for current and anticipated expenses of operation and maintenance and in excess of the amount currently required to be set aside for the payment of any outstanding revenue bonds and interest thereon and for the accumulation of a reserve securing such bond and interest payments, in accordance with the ordinances or resolutions authorizing said bonds, any such surplus or any part thereof may be transferred at any time by the governing body to the depreciation account to be used for any improvements, extensions, or additions to such utility as provided in § 9-40-31, or for the redemption of any bonds which constitute a lien upon the earnings of the utility, as and when the same become redeemable by their terms.
Source: SL 1931, ch 194, § 10; SDC 1939, § 45.2410; SL 1949, ch 191, § 5; SL 1953, ch 265.
9-40-31. Expenditures from depreciation account--Investment of accumulations.
The funds accumulating to the depreciation account shall be expended in balancing depreciation in such utility, or in making any constructions, extensions, or additions thereto. Any such accumulations may be invested as the governing body may designate, to the same extent and in the same manner as any other funds of the municipality may be invested as otherwise provided by law; and if invested, the income from such investment shall be carried into the depreciation account.
Source: SL 1931, ch 194, § 11; SDC 1939, § 45.2411.
9-40-32. Surplus applied to other municipal or public purposes.
If any surplus, as defined in § 9-40-30, remains in the operation and maintenance fund upon the expiration of any fiscal year, and the governing body determines that such surplus is not needed for the maintenance of the depreciation account, said surplus may be transferred to any other fund of the municipality in accordance with the provisions of § 9-21-26.1, and may be used for any proper municipal purpose as directed by the governing body, or may be transferred to a public school district as provided in § 9-21-28, or a hospital corporation as provided in chapter 34-9; provided that all such surplus funds on hand at any time prior to such transfer shall be available and shall be used to such extent as may be required for the payment of principal and interest on any outstanding revenue bonds, if other net revenues of the utility are insufficient for such purpose, and no such transfer shall at any time be made in contravention of any covenant of the municipality contained in the ordinances of resolutions authorizing said bonds.
Source: SDC 1939, § 45.2410 as added by SL 1953, ch 265.
9-40-33. Receivership on default or mismanagement--Powers of receiver.
If there be any default in the payment of the principal or interest of any bonds issued pursuant to this chapter, or in any other condition thereof materially affecting the rights of any bondholder, and such default shall continue for a period of not less than three months, or if said utility affected by said bonds or subject to the payment thereof be mismanaged by the municipal authorities in charge thereof, or if the revenues from such utility be dissipated, wasted, or be diverted from their proper application to the payment of said bonds and to the operation, maintenance, and upkeep of said utility, then any court having jurisdiction of the action, in a proper suit commenced by either a resident taxpayer of said municipality whose rights may have been or may be affected, injured, or lost thereby, or commenced by any bondholder similarly affected by any such default, may appoint a receiver to operate and administer such utility subject to the payment thereof or subject to the lien declared in § 9-40-25, with power on the part of such receiver to charge and collect rates reasonably sufficient to provide for the payment of any bonds or obligations subsisting against such utility, and for the payment of the maintenance and operating expenses, including the expenses of administration, and to apply the net income and revenue in conformity with this chapter and the ordinance referred to therein.
Source: SL 1931, ch 194, § 8; SDC 1939, § 45.2408.
9-40-34. Judicial approval of rates charged during receivership--Criteria for establishment of rates.
The court appointing the receiver authorized by § 9-40-33 shall first approve such rates and in doing so the receiver and the court shall take into consideration the capital cost of such utility and the expenses reasonably required to operate and maintain the utility as well as any schedule of rates previously adopted by such municipality or fixed by a valid contract between the first or second class municipality and any third persons.
Source: SL 1931, ch 194, § 8; SDC 1939, § 45.2408; SL 1992, ch 60, § 2.
9-40-35. Termination of receivership and restoration of municipal control.
When and if the default described in § 9-40-33 be made good through the operation of such utility by such receiver, then such utility and the operation and control thereof shall be restored to the proper municipal authorities by court order.
Source: SL 1931, ch 194, § 8; SDC 1939, § 45.2408.
9-40-37. Sale and lease-back arrangements for waterworks and waste disposal facilities.
The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to §§ 5-12-15, 5-12-19 and 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale, and leaseback of land, improvements and equipment comprising all or a portion of a system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes, and any system or part of system for the collection, treatment, and disposal of sewage and other domestic, commercial, and industrial wastes, together with extensions, additions, and necessary appurtenances all as provided in this chapter. However, the proceeds of the sale of any such facilities are subject to § 6-13-8.
Source: SL 1985, ch 66, § 1; SL 1988, ch 64, §§ 8, 54; SL 1989, ch 30, § 23.
9-40-38. Sale of waterworks and waste disposal facilities--Conditions.
Subject only to the limitation hereinafter set forth, the governing body of a municipality may by ordinance authorize the sale of land, improvements and capital equipment comprising all or a portion of a system or part of system of waterworks, or sewage and waste disposal described in § 9-40-1. Any sale made pursuant to this section is subject to the following conditions:
(1) The sale price shall be not less than the greater of an amount equal to the depreciated value of the facilities sold or an amount sufficient to pay, redeem, or discharge all outstanding indebtedness of the municipality incurred with respect to the facilities sold;
(2) The sale proceeds are subject to § 6-13-8; and
(3) At the time of sale the municipality shall enter into a franchise agreement, a utility service contract, or other contract, requiring the purchaser to furnish to the municipality, its residents and users located in the area now served by the facilities sold, utility service, at such rates as are approved by the municipality or another governmental entity having rate regulating authority, if any, and on such further terms and conditions as are determined by the municipality's governing body. The municipality may enter into all other contracts considered necessary or desirable with respect to the facility being sold, including but not limited to, contracts relating to the operation, maintenance, insurance, improvements, replacement, and extension of the facilities sold or similar new facilities to be operated in conjunction therewith by the municipality or the other contracting party.
Source: SL 1985, ch 66, § 2; SL 1988, ch 64, §§ 8, 54; SL 1989, ch 30, § 24.
9-40-39. Tax exemption of waterworks and waste disposal facilities.
All land, improvements and capital equipment owned, leased, acquired, or operated by the municipality pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract, or pursuant to an operating contract described in § 9-40-38 constitute a separate class of property which is exempt from all taxation.
Source: SL 1985, ch 66, § 3.
9-40-40. Sale and lease-back powers additional--Restrictions.
The powers conferred by §§ 9-40-37 and 9-40-38 are in addition to all other powers conferred upon the governing body of any municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restriction or procedural requirements prescribed by any other law.
Source: SL 1985, ch 66, § 4.
9-40-41. Drainage utility fund--Fees.
A governing body that establishes a flood or drainage control utility may adopt the same fee structure authorized for drainage basin utility districts in §§ 46A-10B-20, 46A-10B-21, and 46A-10B-22. Any fees collected pursuant to this section shall be placed in a special fund and may only be used to pay for new drainage improvements, maintenance of existing drainage improvements, and operation of the drainage utility. The provisions of §§ 46A-10B-24, 46A-10B-25, and 46A-10B-28 also apply to any fees collected by a municipality pursuant to this section.
Source: SL 2013, ch 39, § 2.
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.
9-41-1. Power of municipality to establish and operate telephone system--Connection and joint operation with rural telephone system.
Every first or second class municipality by itself or in conjunction with others within or without such municipality, subject to the supervision of the Public Utilities Commission as otherwise provided by law, may establish, maintain, operate, and regulate a telephone system and related services for its customers, and such power shall include, without being limited by this section, the power to contract with the owners of rural telephone lines serving the surrounding area and, under such contracts, the municipality may build and maintain telephone lines or cable to connect with the rural lines at the boundaries of the municipality and the municipality may perform the switching service for such rural telephone lines, or permit the owner of such rural lines to do the switching in the central office of the municipality on a lease basis, and, in general, facilitate telephone service between the municipality and the country, and, if such rural lines are financed in whole or in part by the United States government or an agency thereof, such contract or lease between the municipality and the owner of the rural lines may be for the duration of the loan made by the government or its agency.
Source: SL 1907, ch 88; RC 1919, § 6170 (7); SDC 1939, § 45.0202 (12); SL 1955, ch 198; SL 1984, ch 60; SL 1992, ch 60, § 2.
9-41-1.1. Purchase of equipment for resale.
Notwithstanding the provisions of chapter 5-18A or any of the provisions of Title 9 regarding the sale and purchase of property, a municipality operating a telephone system pursuant to § 9-41-1 may lease and purchase equipment for resale to its customers and may contract for services relating to the lease, purchase, sale, installation, and maintenance of such property, in a manner and for a price and terms determined by the governing body. If practicable the governing body shall secure at least two competitive quotations and retain them for its files.
Source: SL 1982, ch 80; SL 2011, ch 2, § 116.
9-41-2. Revenue bonds authorized--Issuance--Sale--Segregated revenue or income.
To pay the cost of the improvement, expansion, reconstruction, and operation of telephone lines or facilities, every municipality may borrow money and issue negotiable bonds, without pledging or using the credit of the municipality. All bonds shall be authorized, issued, and sold as provided in chapter 6-8B. Bonds issued pursuant to this section may be payable solely from the revenue or income derived from the operation of the facilities that were constructed, expanded, or improved. The municipality may, in a resolution or ordinance authorizing the bonds, provide that all or any portion of the revenue or income from the facilities to be constructed, expanded, or improved, or any part thereof, shall be segregated from the other revenue or income of the facilities, and that only the segregated portion of the revenue or income shall be used for the payment of such bonds. The municipality may establish a special charge or surcharge for the services of the facilities financed by the bonds. However, the municipality shall obtain Public Utilities Commission approval before establishing a special charge or surcharge on any services which are regulated. If the bonds are payable solely from such segregated revenue or income, no election is required to authorize the issuance of the bonds, unless required by S.D. Const., Art. XIII, § 4.
Source: SL 1953, ch 275, § 1; SDC Supp 1960, § 45.24C01; SL 1982, ch 75, § 9; SL 1984, ch 43, § 82; SL 1995, ch 51.
9-41-3. Additional bonds authorized when original issue insufficient--Priority of issues.
If the governing body finds that the bonds authorized by the original resolution or ordinance shall be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued, and disposed of under the procedure provided in this chapter, but the additional issues shall be junior to all prior issues, unless provision has been made in the contract and covenants of the first or second class municipality with the holders of the original bonds for the issuance of additional bonds on a parity therewith.
Source: SL 1953, ch 275, § 6; SDC Supp 1960, § 45.24C06; SL 1984, ch 43, § 83; SL 1992, ch 60, § 2.
9-41-4. Ordinance provisions for operation of system and security of bondholders.
A municipality so improving, expanding, or reconstructing its telephone lines or facilities may provide by ordinance or resolution duly adopted by its governing body any such lawful provisions and stipulations for the proper operation and maintenance thereof, the administration of the income and revenues, and for the security of the bondholders as a governing body may deem necessary.
Source: SL 1953, ch 275, § 7; SDC Supp 1960, § 45.24C07.
9-41-7. Bondholders' statutory mortgage on telephone improvements--Disposition of system prohibited until bonds retired.
There shall be a statutory mortgage lien upon the improvements, expanded or reconstructed telephone plant in favor of and for the equal benefit of the lawful holders of said bonds and interest coupons, and each of them, but no such lien shall attach to or become a charge upon or against those portions of the municipality's telephone lines or facilities which were not improved, expanded, or reconstructed with the proceeds of the revenue bonds. Until all such bonds are fully paid with interest, the municipality shall not sell or otherwise dispose of its improved, expanded, or reconstructed telephone lines or facilities and shall not establish, authorize, or grant a franchise for the operation of any other telephone company for furnishing exchange telephone service in competition with the municipal telephone lines and facilities within the municipal limits.
Source: SL 1953, ch 275, § 3; SDC Supp 1960, § 45.24C03.
9-41-8. Pledge of telephone revenues to separate fund--Separate account for bond payments and reserve--Depreciation account and operational expenses.
At or before the issuance of such revenue bonds, the governing body by ordinance or resolution shall set aside, appropriate, and pledge the income and revenues of its telephone lines and facilities, or such specified portion thereof as shall be determined by the governing body into a separate fund or funds thereby used and applied in payment of the cost thereof and in the maintenance, operation, repair, and depreciation thereof. Said ordinance or resolution shall provide that so much of the revenues from the telephone lines or facilities as shall be necessary shall be set apart in a separate account and applied to the payment and interest of such revenue bonds and the accumulation of such reserve therefor as may be determined by the governing body to be necessary, and shall fix and determine as near as may be the monthly or annual proportion or amount of such income and reserve which is to be set aside as a proper and adequate depreciation account, and the balance shall be set aside and applied to the extent for the reasonable and proper operation and maintenance thereof.
Source: SL 1953, ch 275, § 4; SDC Supp 1960, § 45.24C04.
9-41-9. Rates supervised by Public Utilities Commission--Sufficient for bond retirement and operation.
The rates to be charged by the municipality for the telephone service shall be subject to the supervision of the Public Utilities Commission and shall be sufficient to provide for the payment of interest upon all bonds and to create a debt service fund to pay the principal thereof as and when the same becomes due and to provide for the operation and maintenance and repairs thereof and depreciation and shall be revised from time to time with the consent of the Public Utilities Commission so as to produce these amounts.
Source: SL 1953, ch 275, § 4; SDC Supp 1960, § 45.24C04.
9-41-10. Transfer of surplus to depreciation account.
If any surplus shall be accumulated at any time in the operation and maintenance fund, in excess of a reasonable reserve for current and anticipated expenses of operation and expenses, any such excess may be transferred at any time by the governing body to the depreciation account to be used for any improvements, expansion, or reconstruction of the municipality's telephone lines or facilities, or for the redemption of any bonds which constitute a lien on the earnings of the telephone lines or facilities, as and when the same become redeemable by their terms.
Source: SL 1953, ch 275, § 5; SDC Supp 1960, § 45.24C05.
9-41-11. Severability of chapter and resolutions.
If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of this chapter or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of this chapter, and the provisions and applications of this chapter are declared to be severable.
Source: SL 1953, ch 275, § 8; SDC Supp 1960, § 45.24C08.
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-1. Definition of terms.
Terms used in this chapter, unless the context plainly otherwise requires, mean:
(1) "Agency agreement," the written agreement between or among two or more cities establishing a municipal power agency;
(2) "City," a city organized and existing under the laws of South Dakota, and authorized by such laws or charter to engage in the local distribution and sale of electric energy. Any city so engaged on January 1, 1978, may continue the distribution and sale of electric energy, and every city now or hereafter authorized may exercise, either individually or as a member of a municipal power agency, all of the powers granted in this chapter;
(3) "City council," the city council or other similar board, commission, or body within a city which is charged by law or its charter with the general control of the city's governmental affairs;
(4) "Distribution," the conveyance of electric energy to retail consumers from a transmission system, or from a generation facility situated within or in the immediate vicinity of a city;
(5) "Generation," the production of electricity by any means and the acquisition of fuel of any kind for that purpose, and includes but is not limited to the acquisition of fuel deposits and the acquisition or construction and operation of facilities for extracting fuel from natural deposits, for converting it for use in another form, for burning it in place, and for transportation and storage;
(6) "Governing body," the city council or, if another board, commission, or body is empowered by law or its charter or by resolution of the city council to establish and regulate rates and charges for the distribution of electric energy within the city, such board, commission, or body shall be deemed to be the governing body. When the levy of a tax or the incurring of an obligation payable from taxes or any other action of the board, commission, or body requires the concurrence, approval, or independent action of the city council or another body under the city's charter or any other law, the action shall not be exercised under this chapter until the concurrence or approval is received or the independent action is taken. The concurrence of the city council or other elected body charged with the general management of a city shall be required, prior to the adoption by the city of any resolution approving an agency agreement or any amendment thereto;
(7) "Municipal power agency," a separate political subdivision and municipal corporation created by agreement between or among two or more cities exercising any of the powers of acquisition, construction, reconstruction, operation, repair, extension, or improvement of electric generation or transmission facilities or the acquisition of any interest therein or any right to part or all of the capacity thereof;
(8) "Project," any plant, works, system, facilities, and real and personal property of any nature whatsoever, together with all parts thereof and appurtenances hereto, used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric energy or any interest therein or capacity thereof;
(9) "Public agency," any city or other municipal corporation, political subdivision, governmental unit, or public corporation created by or pursuant to the laws of this state or of another state or of the United States, and any state or the United States, and any person, board, or other body declared by the laws of any state or the United States to be a department, agency, or instrumentality thereof;
(10) "Real property," lands, structures, franchises, and interests in land, including but not limited to lands under water, riparian rights, fees simple absolute, lesser interests such as easements, rights-of-way, uses, leases, licenses, and all other incorporeal hereditaments, legal and equitable estates, interests, and rights, terms of years, liens on real property by way of judgments, mortgages, or otherwise, and claims for damage to real property;
(11) "Transmission," the transfer of electric energy from a generating facility to, between, or among one or more cities or municipal power agencies or other persons with whom they may contract, and includes but is not limited to conversion of current and voltage and transfer of energy from another source in exchange for energy supplied by the contracting parties, but does not include distribution.
Source: SL 1978, ch 66, § 1.
9-41A-2. Formation of agency by agency agreement.
Two or more first or second class municipalities may form a municipal power agency by the execution of an agency agreement authorized by a resolution of the governing body of each municipality.
Source: SL 1978, ch 66, § 2; SL 1992, ch 60, § 2.
9-41A-3. Contents of agency agreement.
The agency agreement authorized in § 9-41A-2 shall state:
(1) That the municipal power agency is created and incorporated under the provisions of this chapter as a municipal corporation and a political subdivision of the state, to exercise thereunder a part of the sovereign powers of the state;
(2) The name of the agency, which shall include the words "municipal power agency";
(3) The names of the first and second class municipalities which have approved the agency agreement and are the initial members of the municipal power agency;
(4) The names and addresses of the persons initially appointed by the resolutions approving the agreement to act as the representatives or alternate representatives of the first and second class municipalities, respectively, in the exercise of their powers as members;
(5) Limitations upon the terms of representatives or alternate representatives of the respective member first and second class municipalities, provided that the representatives or alternate representatives shall be selected and vacancies in their offices declared and filled by resolutions of the governing bodies of the respective municipalities;
(6) The names of the initial board of directors of the municipal power agency, who shall be not less than three persons who are representatives of the respective member first and second class municipalities, selected by the representatives; or the agreement may provide that the representatives of the member municipalities from time to time shall be and constitute the board of directors;
(7) The location by municipality, or other community in the state, of the registered office of the municipal power agency;
(8) That the first and second class municipalities which are members of the municipal power agency are not liable for its obligations; and
(9) Any other provision for regulating the business of the municipal power agency or the conduct of its affairs which may be agreed by the member first and second class municipalities.
Source: SL 1978, ch 66, § 3; SL 1992, ch 60, § 2.
9-41A-4. Filing of agency agreement and resolutions--Certificate issued.
The agency agreement and a certified copy of the resolution of the governing body of each first or second class municipality shall be filed with the secretary of state. If the agency agreement conforms to the requirements of this section, the secretary of state shall record it and issue and record a certificate of incorporation. The certificate shall state the name of the municipal power agency and the date of incorporation.
Source: SL 1978, ch 66, § 4; SL 1992, ch 60, § 2.
9-41A-5. Commencement of corporate existence--Certificate as evidence of incorporation.
Upon the issuance of the certificate of incorporation, the existence of the municipal power agency as a political subdivision of the state and a municipal corporation shall begin. The certificate of incorporation shall be conclusive evidence of the due and valid incorporation of the municipal power agency.
Source: SL 1978, ch 66, § 4.
9-41A-6. Powers of city representatives--Meetings--Quorum.
Except as otherwise provided in the agency agreement or the bylaws, the duly authorized representatives of each member first or second class municipality shall act as, and vote on behalf of, the municipality. An alternate representative may be appointed by a member municipality and, in the absence of the representative, may act as, and vote on behalf of, the municipality except where the agency agreement or bylaws provide otherwise, representatives of the member municipalities shall hold at least one meeting each year for the election of directors and for the transaction of any other business. Unless the agency agreement or bylaws prescribe otherwise, special meetings of the representatives may be called for any purpose upon written request to the president or secretary to call the meeting. The officer shall give notice of the meeting to be held between three and sixty days after receipt of the request. Unless the agency agreement or bylaws provide for a different percentage, a quorum for a meeting of the representatives of the member municipalities is a majority of the total representatives.
Source: SL 1978, ch 66, § 10; SL 1992, ch 60, § 2.
9-41A-7. Expenses of formation of agency--City representatives' expenses.
Each member first or second class municipality may appropriate money for the payment of expenses of the formation of the municipal power agency and of its representative in exercising its functions as a member of the agency.
Source: SL 1978, ch 66, § 12; SL 1992, ch 60, § 2.
9-41A-8. Amendment of agency agreement--Ratification and filing.
The agency agreement may be amended as proposed at any meeting of the representatives of the members for which notice, stating the purpose, shall be given to each representative and, unless the agency agreement or bylaws require otherwise, shall become effective when ratified by resolutions of a majority of the governing bodies of the member first or second class municipalities. Each amendment and the resolutions approving it shall be filed for record with the secretary of state.
Source: SL 1978, ch 66, § 11; SL 1992, ch 60, § 2.
9-41A-9. Initial meeting of directors.
After commencement of existence, the first meeting of the board of directors shall be held at the call of the directors, after notice, for the purpose of adopting the initial bylaws, electing officers, and for any other business that comes before the meeting.
Source: SL 1978, ch 66, § 5.
9-41A-10. Adoption of bylaws--Contents.
The bylaws of the municipal power agency, and any amendments thereto, shall be proposed by the board of directors and shall be adopted by the representatives of the member first and second class municipalities, at a meeting held after notice. Subject to the provisions of the agency agreement, the bylaws shall state:
(1) The qualifications of member first and second class municipalities, and limitations upon their number;
(2) Conditions of membership;
(3) Manner and time of calling regular meetings of representatives of member first and second class municipalities;
(4) Manner and conditions of termination of membership; and
(5) Other provisions for regulating the affairs of the municipal power agency as the representatives of the member first and second class municipalities shall determine to be necessary.
Source: SL 1978, ch 66, § 6; SL 1992, ch 60, § 2.
9-41A-11. Registered office of agency--Change of location.
Every municipal power agency shall maintain an office in this state to be known as its registered office. When a municipal power agency desires to change the location of its registered office, it shall file with the secretary of state a certificate of change of location of the registered office, stating the new location by municipality, or other community and the effective date of change. If the certificate of change of location has been duly filed, the board of directors may make the change without any further action.
Source: SL 1978, ch 66, § 7; SL 1992, ch 60, § 2.
9-41A-12. Composition and powers of board of directors--Terms of office--Filling of vacancies.
The agency agreement or the bylaws may prescribe the number, term of office, powers, authority, and duties of directors, the time and place of their meetings, and other regulations concerning directors. Unless the agency agreement or bylaws prescribe otherwise, the term of office of a director shall be for one year. Each director shall hold office for the term for which he has been selected and until a qualified successor has been selected. Unless the agency agreement or bylaws prescribe otherwise, any vacancy occurring on the board shall be filled by a person nominated by the remaining members of the board and elected by a majority of representatives of the member first or second class municipalities.
Source: SL 1978, ch 66, § 8; SL 1992, ch 60, § 2.
9-41A-13. Meetings of directors--Quorum.
Unless the agency agreement or bylaws prescribe otherwise, a meeting of the board of directors may be held at any place, within or without the state, designated by the board, after notice, and an act of the majority of the directors present at a meeting at which a quorum is present is the act of the board. Unless the agency agreement or bylaws provide for a different percentage, a quorum for meetings of the board of directors is a majority of the membership of the board.
Source: SL 1978, ch 66, §§ 8, 10.
9-41A-14. Appointment of officers of agency--Removal--Powers and duties.
Unless the agency agreement or bylaws prescribe otherwise, the board of directors shall appoint a president from its membership, and a secretary and treasurer, and any other officers or agents deemed to be necessary, who may be representatives or directors. An officer may be removed with or without cause by the board of directors. Officers of the municipal power agency shall have the authority and duties in the management of the business of the municipal power agency that the agency agreement or bylaws prescribe, or, in the absence of such prescription, as the board of directors determines.
Source: SL 1978, ch 66, § 9.
9-41A-15. Employee unions and collective bargaining.
Employees of a municipal power agency shall be public employees within the meaning of § 3-18-1, and the provisions of chapter 3-18 shall apply to a municipal power agency.
Source: SL 1978, ch 66, § 51.
9-41A-16. Indemnity of officers and employees for official acts--Liability insurance for protection.
A municipal power agency may indemnify any director, officer, employee, or agent of the municipal power agency, in connection with any threatened, pending, or completed action, suit, or proceeding, arising out of an act or omission occurring within the scope of the employment or exercise of duty by such director, officer, employee or agent as provided in § 3-19-1. The municipal power agency may also procure insurance against any such liability of a director, officer, employee, or agent in such amount as the board of directors of the agency may determine to be necessary or desirable, without regard to the indemnity limit set forth in § 3-19-2.
Source: SL 1978, ch 66, § 43.
9-41A-17. Powers exercised by directors--Good faith required.
All powers of the municipal power agency shall be exercised by its board of directors, unless otherwise provided by the agency agreement or bylaws. Directors shall discharge their duties in good faith.
Source: SL 1978, ch 66, §§ 8, 13.
9-41A-18. Action through agents or by contract.
A municipal power agency may perform any act authorized by sections of this chapter through or by means of its officers, agents, or employees or by contract with any person.
Source: SL 1978, ch 66, § 18.
9-41A-19. Acquisition, maintenance, and improvement of projects--Agency.
A municipal power agency may plan, acquire, construct, reconstruct, operate, maintain, repair, extend, or improve one or more projects within or outside the state; or acquire any interest in or any right to capacity of a project and may act as agent, or designate one or more of the other persons participating in a project to act as its agent, in connection with the planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, or improvement of the project.
Source: SL 1978, ch 66, § 14.
9-41A-20. Investigation, surveys, and estimates of additional sources of energy.
A municipal power agency may investigate the desirability of and necessity for additional sources and supplies of electric energy, and make studies, surveys, and estimates as may be necessary to determine the feasibility and cost thereof.
Source: SL 1978, ch 66, § 30.
9-41A-21. Cooperation with others in development of energy sources.
A municipal power agency may cooperate with other persons in the development of sources and supplies of electric energy.
Source: SL 1978, ch 66, § 16.
9-41A-22. Applications to regulatory agencies--Compliance with requirements.
A municipal power agency may apply to any public agency for consents, authorizations, or approvals required for any project within its powers and take all actions necessary to comply with the conditions thereof.
Source: SL 1978, ch 66, § 17.
9-41A-23. Determination of location and character of projects.
A municipal power agency may determine the location and character of, and all other matters in connection with, any and all projects it is authorized to acquire, hold, establish, effectuate, operate, or control.
Source: SL 1978, ch 66, § 26.
9-41A-24. Contracts for project construction and sale of energy.
A municipal power agency may contract with any person, within or outside the state, for the construction of any project or for the sale or transmission of electric energy generated by any project, or for any interest therein or any right to capacity thereof, on such terms and for such period of time as its board of directors determines.
Source: SL 1978, ch 66, § 27.
9-41A-25. Purchase, sale, and transmission of electric energy--Agreements.
A municipal power agency may purchase, sell, exchange, or transmit electric energy within and outside the state in amounts it shall determine to be necessary and appropriate to make the most effective use of its powers and to meet its responsibilities, and may enter into agreements with any person with respect to that purchase, sale, exchange, or transmission, on terms and for a period of time as its board of directors determines.
Source: SL 1978, ch 66, § 28.
9-41A-26. Powers over money.
A municipal power agency may acquire, hold, use, and dispose of income, revenues, funds, and money.
Source: SL 1978, ch 66, § 19.
9-41A-27. Acceptance of loans and grants--Compliance with conditions.
A municipal power agency may contract for and accept any gifts or grants or loans of funds or property or financial or other aid in any form from any public agency or other person, and may comply, subject to the provisions of this chapter with the terms and conditions thereof.
Source: SL 1978, ch 66, § 30.
9-41A-28. Borrowing power--Bonds and notes.
A municipal power agency may borrow money and issue negotiable bonds or notes, secured or unsecured, in accordance with §§ 9-41A-38 to 9-41A-50, inclusive.
Source: SL 1978, ch 66, § 23.
9-41A-29. Investment of funds.
Subject to any agreement with bondholders or noteholders, a municipal power agency may invest money of the municipal power agency not required for immediate use, including proceeds from the sale of any bonds or notes, in obligations, securities, and other investments as the municipal power agency shall deem prudent.
Source: SL 1978, ch 66, § 24.
9-41A-30. Powers over personal property.
A municipal power agency may acquire, own, hire, use, operate, and dispose of personal property.
Source: SL 1978, ch 66, § 20.
9-41A-31. Powers over real property.
A municipal power agency may acquire, own, use, lease as lessor or lessee, operate, and dispose of real property and interests in real property, and make improvements thereon.
Source: SL 1978, ch 66, § 21.
9-41A-32. Power of eminent domain.
A municipal power agency may exercise the power of eminent domain in accordance with §§ 9-41A-51 and 9-41A-52.
Source: SL 1978, ch 66, § 25.
9-41A-33. Franchises and leases of facilities.
A municipal power agency may grant the use by franchise, lease, or otherwise, and make charges for the use of any property or facility owned or controlled by it.
Source: SL 1978, ch 66, § 22.
9-41A-34. Encumbrance of property to secure obligations.
A municipal power agency may mortgage, pledge, and grant a security interest in any or all of its real and personal property to secure the payment of its bonds, notes, or other obligations or contracts.
Source: SL 1978, ch 66, § 31.
9-41A-35. Insurance against losses to property.
A municipal power agency may procure insurance against any losses in connection with its property, operations, or assets in such amounts and from such insurers as it deems desirable.
Source: SL 1978, ch 66, § 29.
9-41A-36. Payments in lieu of property tax--Valuation of property.
A municipal power agency shall pay to each taxing agency within whose taxing jurisdiction its property is situated, in lieu of taxes on its property, the amounts of the taxes which would be payable if its property were owned by a private person. For this purpose the property of a municipal power agency shall be valued in the same manner and by the same procedure as the property of private persons.
Source: SL 1978, ch 66, § 32.
9-41A-37. Powers incidental to purposes of chapter.
A municipal power agency may exercise all other powers reasonably necessary or appropriate for or incidental to the effectuation of its authorized purposes or to the exercise of any of the powers enumerated in §§ 9-41A-17 to 9-41A-37, inclusive, and generally may exercise in connection with its property and affairs, and in connection with property within its control, any and all powers which might be exercised by a natural person or a private corporation in connection with similar property and affairs.
Source: SL 1978, ch 66, § 33.
9-41A-38. Bonds and notes authorized--Purposes.
A municipal power agency may from time to time issue its bonds or notes in such principal amounts as the municipal power agency shall deem necessary to provide sufficient funds to carry out any of its corporate purposes and powers, including but not limited to:
(1) The acquisition or construction of any project to be owned or leased by the municipal power agency, or the acquisition of any interest therein or any right to capacity thereof;
(2) The funding or refunding of the principal of, or interest or redemption premiums on, any bonds or notes issued by it whether or not the bonds or notes or interest to be funded or refunded have or have not become due;
(3) The establishment or increase of reserves to secure or to pay the bonds or notes or interest thereon; and
(4) The payment of all other costs or expenses of the municipal power agency incident to and necessary to carry out its corporate purposes and powers.
Source: SL 1978, ch 66, § 34.
9-41A-39. Terms of bonds and notes.
Bonds or notes of a municipal power agency shall be authorized by resolution of its board of directors and may be issued under the resolution or under a trust indenture or other security agreement, in one or more series, and shall:
(1) Bear such date or dates;
(2) Mature at such time or times;
(3) Bear interest at such rate or rates;
(4) Be in such denominations;
(5) Be in such form, either coupon or registered;
(6) Carry such conversion, registration, and exchange privileges;
(7) Have such rank or priority;
(8) Be executed in such manner;
(9) Be payable in such medium of payment at such place or places within or outside the state;
(10) Be subject to such terms of redemption with or without premium; and
(11) Contain or be subject to such other terms
as the resolution, trust indenture, or other security agreement may provide, and shall not be restricted by the provisions of any other law limiting the amounts, maturities, interest rates, or other terms of obligation of public agencies or private persons.
Source: SL 1978, ch 66, § 37.
9-41A-40. Bonds and notes payable solely from agency revenues--State and first or second class municipalities not obligated.
The principal of and interest upon any bonds or notes issued by a municipal power agency shall be payable solely from the revenues or funds pledged or available for their payment as authorized in this chapter. Each bond and note shall contain a statement that the principal thereof or interest thereon is payable solely from revenues or funds of the municipal power agency and that neither the state nor any political subdivision thereof, other than the municipal power agency, nor any first or second class municipality which is a member of the municipal power agency is obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the state or any political subdivision thereof or of any such municipality is pledged to the payment of the principal of or the interest on the bonds or notes. Nothing herein precludes the use of tax or other revenue by a municipality for payment of amounts due and performance of covenants under any contract of the municipality as provided in § 9-39-4.1.
Source: SL 1978, ch 66, § 45; SL 1992, ch 60, § 2.
9-41A-41. Agency funds pledged for security of bonds and notes.
Except as may be otherwise expressly provided by this chapter or by the municipal power agency, every issue of bonds or notes of the agency shall be payable out of any revenues or funds of the agency, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. A municipal power agency may issue types of bonds or notes as it may determine, including bonds or notes as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest therein or a right to capacity thereof, or from one or more revenue producing contracts made by the municipal power agency with any person or persons, or from its revenues generally. Any bonds or notes may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the municipal power agency from any source whatsoever.
Source: SL 1978, ch 66, § 35.
9-41A-42. State approval not required for bonds and notes--Establishment and pledge of rents and charges.
Bonds or notes of a municipal power agency may be issued under the provisions of this chapter, and rents, rates, and charges may be established pursuant to § 9-41A-54 and pledged for the security of bonds or notes and interest and redemption premiums thereon, without obtaining the consent of any department, division, commission, board, bureau, or agency of the State of South Dakota and without any other proceeding or the happening of any other condition or occurrence except as specifically required by this chapter.
Source: SL 1978, ch 66, § 40.
9-41A-43. Negotiability of bonds and notes.
All bonds and notes of a municipal power agency shall be negotiable within the meaning and for all the purposes of the Uniform Commercial Code, subject only to any registration requirement.
Source: SL 1978, ch 66, § 36.
9-41A-44. Continuing validity of officers' signatures on bonds and notes--Temporary bonds.
Any bonds or notes may be issued and delivered, notwithstanding that one or more of the officers executing them shall have ceased to hold office at the time when the bonds or notes are actually delivered. Pending preparation of definitive bonds, a municipal power agency may issue temporary bonds which shall be exchanged for the definitive bonds.
Source: SL 1978, ch 66, § 38.
9-41A-45. Sale of bonds and notes.
Bonds or notes of a municipal power agency may be sold at public or private sale for a price and in a manner determined by the agency.
Source: SL 1978, ch 66, § 39.
9-41A-46. Bonds and notes as legal investments for public, corporate and fiduciary funds.
The State of South Dakota and all its public officers, governmental units, agencies and instrumentalities, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all personal representatives, conservators, trustees, and other fiduciaries, may legally invest any debt service funds, money, or other funds belonging to them or within their control in any bonds or notes issued pursuant to this chapter, and the bonds or notes shall be authorized security for any and all public deposits.
Source: SL 1978, ch 66, § 50; SL 1993, ch 213, § 80.
9-41A-47. Trust indenture or security agreement as contract with holders of bonds or notes--Contents.
The resolution, trust indenture, or other security agreement under which any bonds or notes are issued shall constitute a contract with the holders of the bonds or notes, and may contain provisions, among others, prescribing:
(1) The terms and provisions of the bonds or notes;
(2) The mortgage or pledge of and the grant of a security interest in any real or personal property and all or any part of the revenue from any project or any revenue producing contract made by the municipal power agency with any person to secure the payment of bonds or notes, subject to any agreements with the holders of bonds or notes which might then exist;
(3) The custody, collection, securing, investment, and payment of any revenues, assets, money, funds, or property with respect to which the municipal power agency may have any rights or interest;
(4) The rates or charges for electric energy sold by, or services rendered by, the municipal power agency, the amount to be raised by the rates or charges, and the use and disposition of any or all revenue;
(5) The creation of reserves or debt service funds and the regulation and disposition thereof;
(6) The purposes to which the proceeds from the sale of any bonds or notes to be issued may be applied, and the pledge of the proceeds to secure the payment of the bonds or notes;
(7) Limitations on the issuance of any additional bonds or notes, the terms upon which additional bonds or notes may be issued and secured, and the refunding of outstanding bonds or notes;
(8) The rank or priority of any bonds or notes with respect to any lien or security;
(9) The creation of special funds or moneys to be held in trust or otherwise for operating expenses, payment, or redemption of bonds or notes, reserves or other purposes, and the use and disposition of moneys held in these funds;
(10) The procedure by which the terms of any contract with or for the benefit of the holders of bonds or notes may be amended or abrogated, the amount of bonds or notes the holders of which must consent thereto, and the manner in which consent may be given;
(11) The definition of the acts or omissions to act which shall constitute a default in the duties of the municipal power agency to holders of its bonds or notes, and the rights and remedies of the holders in the event of default including, if the municipal power agency so determines, the right to accelerate the due date of the bonds or notes or the right to appoint a receiver or receivers of the property or revenues subject to the lien of the resolution, trust indenture, or other security agreement;
(12) Any other or additional agreements with or for the benefit of the holders of bonds or notes or any covenants or restrictions necessary or desirable to safeguard the interests of the holders;
(13) The custody of any of its properties or investments, the safekeeping thereof, the insurance to be carried thereon, and the use and disposition of insurance proceeds;
(14) The vesting in a trustee or trustees, within or outside the state, of such properties, rights, powers, and duties in trust as the municipal power agency may determine; or the limiting or abrogating of the rights of the holders of any bonds or notes to appoint a trustee, or the limiting of the rights, powers, and duties of such trustee; or
(15) The appointment of and the establishment of the duties and obligations of any paying agent or other fiduciary within or outside the state.
Source: SL 1978, ch 66, § 41.
9-41A-48. Encumbrance of property to secure bonds and notes--Filings.
For the security of bonds or notes issued, or to be issued, by a municipal power agency, the municipal power agency may mortgage or execute deeds of trust of the whole or any part of its property and franchises in the same manner and with the same effect as provided for public utilities in § 49-34-9. Any mortgage or deed of trust and any assignment or discharge thereof shall be filed and recorded in the Office of the Secretary of State with the same force and effect as provided in §§ 49-34-11 and 49-34-12. All filings required under the Uniform Commercial Code to perfect a security interest against the personal property or fixtures of a municipal power agency shall be made and maintained in the Office of the Secretary of State, with the same force and effect as provided in the case of a debtor public utility under the provisions of §§ 57A-9-403.1 to 57A-9-403.5, inclusive.
Source: SL 1978, ch 66, § 42.
9-41A-49. Officers and members of agency not personally liable on bonds or notes.
Neither the officials, the directors, nor the members of a municipal power agency nor any person executing bonds or notes shall be liable personally on the bonds or notes or be subject to any personal liability or accountability by reason of the issuance thereof.
Source: SL 1978, ch 66, § 43.
9-41A-50. Repurchase of bonds and notes--Cancellation or resale.
A municipal power agency may purchase, out of any funds available therefor, bonds or notes, and to hold, pledge, cancel, or resell the bonds or notes, subject to and in accordance with any agreements with the holders.
Source: SL 1978, ch 66, § 44.
9-41A-51. Condemnation under power of eminent domain--Continuing power.
Except as otherwise provided by § 9-41A-52, a municipal power agency may acquire all real or personal property that it deems necessary for carrying out the purposes of this chapter, whether in fee simple absolute or a lesser interest, by condemnation and the exercise of the power of eminent domain in accordance with chapter 21-35. The authority of a municipal power agency to acquire real or personal property by condemnation or the exercise of the power of eminent domain shall be a continuing power, and no exercise thereof shall exhaust it.
Source: SL 1978, ch 66, § 46.
9-41A-52. Property already used for electric power not subject to condemnation.
A municipal power agency shall have no power of eminent domain with respect to any real or personal property owned by any person as part of a system, whether existing, under construction, or being planned, of facilities for the generation, transmission, or distribution of electric power.
Source: SL 1978, ch 66, § 46.
9-41A-53. Exemption from bidding and performance bond requirements applicable to public contracts.
A municipal power agency may contract for planning, acquisition, construction, reconstruction, operation, maintenance, repair, extension, and improvement of generation and transmission facilities outside of the corporate limits of its members, or may contract with other public or private owners of these facilities to perform these functions, without advertising for bids, preparing final plans and specifications in advance of construction, or securing performance and payment bonds as required for other public contracts in § 5-21-1, except to the extent that its governing body determines that these actions are desirable in furtherance of the purposes of this chapter. Except as otherwise provided by this section, no contract shall be invalid or unenforceable by reason of nonperformance of the conditions required by any other law relating to public contracts. If a bond is secured, no lien may be filed under chapter 44-9 for the furnishing of labor, skill, material, or machinery for the improvement covered thereby.
Source: SL 1978, ch 66, § 49.
9-41A-54. Establishment of rates, charges and reserves.
A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable, and may establish, levy, and collect or may authorize, by contract, franchise, lease, or otherwise, the establishment, levying, and collection of, rents, rates, and other charges for the services afforded by the municipal power agency or by or in connection with any project or properties which it may construct, erect, acquire, own, operate, or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or service as it may deem necessary, proper, desirable, and reasonable. Rents, rates, and other charges shall be sufficient to meet the expenses thereof, including reasonable reserves, interest, and principal payments, including payments into one or more debt service funds for the retirement of principal.
Source: SL 1978, ch 66, § 47.
9-41A-55. Pledge of revenues to bonds, notes and contractual obligations.
A municipal power agency may pledge its rates, rents, and other revenues, or any part thereof, as security for the repayment, with interest and redemption premiums, if any, of the moneys borrowed by it or advanced to it for any of its authorized purposes and as security for the payment of amounts due and owed by it under any contract.
Source: SL 1978, ch 66, § 47.
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.
9-42-1. Definition of terms.
The words "local improvements" as used in this chapter shall mean and include all such public buildings, public works, and improvements or the repair thereof.
Source: SDC 1939, § 45.1501 as added by SL 1939, ch 189, § 1; SL 1953, ch 260, § 1.
9-42-2. Approval required for use of municipal funds for private benefit or improvements outside corporate limits.
No claim against any municipality shall be allowed or paid for making improvements for the benefit of private individuals within the corporate limits nor in third class municipalities for grading, draining, or bridging outside of the corporate limits, without a majority vote of all the voters of the municipality.
Source: PolC 1877, ch 24, § 25; CL 1887, § 1046; RPolC 1903, § 1444; SL 1907, ch 1; RC 1919, § 6346; SDC 1939, § 45.1411; SL 1992, ch 60, § 2.
9-42-3. Local improvements by day's work--Maximum cost--Engineer's estimate--Itemized statement of costs.
Every municipality shall have power to provide for and regulate the construction of local improvements by day's pay in the cases provided by this title.
The governing body may direct any local improvement except local improvements for which special assessments are to be levied to be done by day's work if the reasonable cost thereof is not in excess of fifteen hundred dollars. An estimate of the cost thereof shall be prepared by the city engineer, if there be a city engineer, or by the governing body if there be no city engineer, and filed for public inspection in the city engineer's office or in the office of the governing body, at least five days before any such local improvement by day's work shall be directed.
Whenever any such improvement is done by day's work, upon the completion thereof the auditor shall prepare and file forthwith for public inspection in his office an itemized statement of the cost paid out or incurred in the construction of such improvement, verified by him.
Source: SL 1921, ch 297; SL 1921, ch 305; SDC 1939, §§ 45.0201 (88), 45.1501; SL 1939, ch 189, § 1; SL 1953, ch 260, § 1; SL 1971, ch 68.
9-42-4. Plans and specifications for local improvements--Notice and advertising for bids.
If any local improvement other than a sidewalk or bulkhead is ordered by the governing body, the governing body shall have plans and specifications prepared and filed in the office of the auditor or clerk. The governing body shall designate a time, not less than two weeks from the date of the filing, at which sealed bids for the construction of the improvement will be received.
The governing body shall publish notice in the official paper, or elsewhere if deemed advisable, in accordance with the provisions of chapters 5-18A and 5-18B. The notice shall specify whether the improvement shall be paid for in cash or by special assessment certificates and the rate of interest which the certificates shall bear.
Source: SL 1909, ch 110; RC 1919, § 6348; SDC 1939, § 45.1502; SL 1972, ch 34, § 3; SL 1979, ch 59, § 1; SL 1983, ch 28, § 22; SL 2011, ch 2, § 117.
9-42-5. Construction and repair contracts awarded on competitive bids--Rejection of bids and readvertisement.
Any contract for the construction or repair of a public building or for public works or improvements, and any contract for material used therefor and equipment purchased or rented in connection therewith, and any contract for local improvements for which a special assessment is to be levied, except as provided in this chapter and as provided in chapters 5-18A and 5-18B, shall be let to the lowest responsible bidder in accordance with the provisions of chapters 5-18A and 5-18B.
The governing body may reject all bids and readvertise for proposals, if none of the bids are satisfactory or if the governing body believes any agreement has been entered into between the bidders to prevent competition.
Source: SL 1890, ch 37, art XVI, § 15; SL 1890, ch 37, art XX, § 4; RPolC 1903, § 1344; SL 1909, ch 110, § 8; RC 1919, § 6347; SL 1921, ch 297; SL 1925, ch 235; SDC 1939, § 45.1501; SL 1939, ch 189, § 1; SL 1953, ch 260, § 1; SL 2011, ch 2, § 118.
9-42-6. Plans prepared and contract awarded by state or federal agency financing local improvement.
Whenever any local improvement is to be financed in whole or in part by any agency of the state or federal government, whether or not such improvement is also to be financed in part by special assessments to be levied upon property within the municipality, the plans and specifications therefor may be prepared and the contract therefor may be advertised and awarded by or under the direction of such state or federal agency, in accordance with the laws applicable to such agency, with like effect in all respects as if such plans and specifications had been prepared and such contract had been awarded by the municipality.
Source: SDC 1939, § 45.1501 as added by SL 1953, ch 260, § 1.
9-42-7. Combining improvements for purposes of plans and contract--Allocation of costs.
Two or more local improvements, the proceedings for which have been or are to be instituted separately, due to differences in the areas to be served by such improvements or the type of work involved therein, may be governed by a single set of plans and specifications and a single contract, and such plans and specifications and contract may also include work inside or outside of the municipality which is to be financed solely by such state or federal agency, if such method of advertising and award shall be deemed most feasible and economical by the governing body and by said agency, but in this event the governing body shall take the necessary steps to assure that the contract and incidental costs are allocated on a reasonable basis to the respective improvements involved.
Source: SDC 1939, § 45.1501 as added by SL 1953, ch 260, § 1.
9-42-8. Engineer's estimate of costs to be paid by municipality, state and federal agency--Basis for special assessments--Revision of estimate on completion of work.
In the event that any improvement covered by such a contract as described in §§ 9-42-6 and 9-42-7 is to be financed in part by special assessments, the city engineer, or the governing body if there be no city engineer, upon the award of such contract, shall make and file for public inspection in the city engineer's office or in the office of the governing body an estimate of the portion of the cost thereof to be paid by the municipality under the terms of said contract and the agreement made with such state or federal agency for the financing thereof, plus any incidental costs necessary to be paid by the first or second class municipality for the completion of the improvement, and such estimate, when approved by the governing body, shall constitute the basis for the special assessments to be levied as now provided by statute. Such estimate shall be subject to revision in the course of or upon the completion of the work, as the facts may appear, and supplemental assessments may be levied upon the basis of any such revised estimate in the manner provided by law.
Source: SDC 1939, § 45.1501 as added by SL 1953, ch 260, § 1; SL 1992, ch 60, § 2.
9-42-9. Validation of local improvement proceedings prior to 1953.
In all cases where, prior to July 1, 1953, contracts for local improvements have been awarded in accordance with the procedure prescribed in §§ 9-42-3 to 9-42-8, inclusive, all such proceedings, and all special assessments levied on the basis of such contracts prior to July 1, 1953, are legalized and validated.
Source: SL 1953, ch 260, § 2; SDC Supp 1960, § 45.1501-1.
9-42-11. Contract executed after acceptance of bid--Provision for payment by special assessment certificates.
When any bid is accepted, the governing body shall direct a contract to be entered into with the successful bidder.
When the improvement is to be paid for by special assessment certificates, such contract shall provide that the contractor shall receive in payment such certificates at their face value bearing interest at the rate specified in the notice for bids, to be issued as provided in this title.
Source: SL 1890, ch 37, art XX, § 4; RPolC 1903, § 1344; SL 1909, ch 110, § 9; RC 1919, § 6350; SDC 1939, § 45.1504.
9-42-12. Approval and adoption of work required before payment--Progress payments--Interest on delayed payments.
No payment may be made upon any contract for any local improvement until the work is approved and adopted by resolution of the governing body. However, the contracts may permit progress payments, but an amount necessary to complete the improvement shall be retained from the final payment until the contract is executed in full and the public improvement completed to the satisfaction and acceptance of the public corporation or its governing body. Further, if the contractor has furnished the governing body all required records and reports and a final inspection has been made, the governing body shall pay to the contractor interest as set by the governing body at a rate of not less than the Category E rate of interest as established by § 54-3-16 on the amounts retained and on the final payment due the contractor, beginning thirty days after the work under the contract has been completed, as evidenced either by the completion date established by the resolution of the governing body or by the use and occupancy of the public improvement. The interest shall continue until the date when payment is tendered to the contractor, unless delay in payment has been the result of federal participation in the contract, in which event interest may not begin until thirty days after payment by the federal authority involved.
Source: SL 1890, ch 37, art XX, § 5; RPolC 1903, § 1345; RC 1919, § 6351; SL 1931, ch 187; SDC 1939, § 45.1505; SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, § 1; SL 1983, ch 28, § 23; SL 1984, ch 319, § 8; SL 1987, ch 57, § 2.
9-42-12.1. Payments from general fund of municipality.
If progress payments or final payment become due under the provisions of § 9-42-12 and if the improvements are to be financed by bonds authorized under the provisions of chapter 9-44 and the bonds have not been sold, the municipality may transfer the necessary funds from general funds in order to make the payments.
Source: SL 1981, ch 74.
9-42-13. Payment due on occupancy of improvement before completion.
In the event the governing body elects to use and occupy the public improvement before completion, the governing body shall pay all amounts due under the contract except double the amount its architect or engineer shall estimate necessary to complete the improvement in accordance with the plans and specifications or one percent of the contract price, whichever is greater, or in any event not less than three hundred dollars, and no interest shall be allowed thereon until thirty days after said work has been fully completed.
Source: SDC 1939, § 45.1505 as added by SL 1955, ch 205; SL 1963, ch 281; SL 1977, ch 79, § 2.
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.
9-43-1. Repealed by SL 2012, ch 57, § 1.
9-43-5 to 9-43-41. Repealed by SL 2012, ch 57, § 2.
9-43-42 to 9-43-53. Repealed by SL 2012, ch 57, § 2.
9-43-54 to 9-43-74. Repealed by SL 2012, ch 57, § 2.
9-43-75. Local improvement defined.
For purposes of this chapter, the term, local improvement, means the process of building, altering, repairing, improving, or demolishing any local infrastructure facility, including any structure, building, or other improvement of any kind to real property, the cost of which is payable from taxes or special assessments.
Source: SL 2012, ch 57, § 3.
9-43-76. Municipal powers relating to special assessments and financing local improvements.
Any municipality may make assessments for local improvements on property adjoining or benefiting from the improvements, collect the assessments in the manner provided by law, and fix, determine, and collect penalties for nonpayment of any special assessments. Any municipality may construct and finance combined improvements if the benefits of each improvement will accrue to the same lots and tracts of land within the municipality. Any municipality may accept and consider petitions by owners of property within the municipality for local improvements to be specially assessed against the properties benefiting from the improvement.
Source: SL 2012, ch 57, § 4.
9-43-77. Sources of funds for payment of cost of improvement.
The entire cost of a local improvement or any part of the improvement may be paid out of the funds of the municipality not otherwise appropriated, paid by funds received through any authorized financing mechanism, or the governing body may issue general obligation bonds in accordance with the provisions of chapter 6-8B.
Source: SL 2012, ch 57, § 5.
9-43-78. Calculation of special assessments--Property outside municipal boundaries.
After investigation by the governing body to determine the amount of benefit from construction of the local improvement to the lots and tracts fronting or abutting the improvement, the amount to be assessed against each lot for any local improvement for which special assessments are to be levied may be determined by dividing the total cost of the improvement by the number of feet fronting or abutting the improvement, and the quotient may be assessed per front foot upon the property fronting or abutting the improvement. If any of the property assessed is outside of municipal boundaries, the amount levied and assessed may not be collected unless the property has been annexed into the municipality.
Source: SL 2012, ch 57, § 6.
9-43-79. Assessment according to special benefit.
In lieu of the method prescribed in § 9-43-78, the governing body may provide by resolution that the costs of the local improvement shall be assessed against all lots and tracts according to the benefits determined by the governing body to accrue to each lot and tract from the construction of the improvement. In such event the governing body shall make an investigation and shall determine the amount in which each lot and tract will be specially benefitted by the construction of the improvement and shall assess against each lot and tract the amount, not exceeding the special benefit, as is necessary to pay its just portion of the total cost of the work to be assessed.
Source: SL 2012, ch 57, § 7.
9-43-80. Total benefit of local improvement.
The total benefit of the local improvement may not be deemed to be less than the total cost of the improvement, including the contract price and all the engineering, inspection, publication, fiscal, legal, and other expenses incidental to the improvement.
Source: SL 2012, ch 57, § 8.
9-43-81. Plans and specifications.
If the governing body deems it necessary that a local improvement to be financed in total or in part by special assessment be constructed or maintained, it shall cause plans and specifications showing the location, arrangement, form, size, and materials to be used in the construction to be prepared by the city engineer or other competent person. The plans and specifications shall be filed in the office of the finance officer and available for examination by any interested party.
Source: SL 2012, ch 57, § 9.
9-43-82. Proposed resolution of necessity--Public hearing.
If the governing body deems it necessary that a local improvement to be financed in total or in part by special assessment be constructed or maintained, and after plans and specifications have been filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the improvement and shall schedule a public hearing on the resolution.
The proposed resolution of necessity shall include the general nature of the proposed improvement, the material to be used or materials from which a choice may be made, an estimate of the total cost or cost per linear foot, a description of the classes of lots to be assessed and of the method of apportioning the benefits to the lots.
If it is deemed expedient for the municipality to assume and pay any portion of the cost of the improvement, the proposed resolution may so provide, or the portion to be assumed may be provided by a subsequent resolution.
The proposed resolution may provide that the municipality will pay any definite, specified portion or all of the cost of the improvements in street and alley intersections.
The proposed resolution may provide that the municipality will pay any definite, specified portion or all of the cost of improvements fronting or abutting on the side of a corner lot, or it may provide that that portion of the cost may be spread as an area tax on the properties benefitting from the improvement.
The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours.
Multiple improvements may be embraced by one resolution of necessity if the general nature of each improvement is stated.
Source: SL 2012, ch 57, § 10.
9-43-83. Notice of hearing--Publication.
The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the governing body will consider any objections to the proposed resolution by owners of the property liable to be assessed. Notice of hearing on the proposed resolution of necessity shall be published once, not less than ten nor more than twenty days before the hearing on the resolution of necessity.
Source: SL 2012, ch 57, § 11.
9-43-84. Personal notice of hearing by mail.
In addition to the published notice, the governing body, not less than ten nor more than twenty days before the hearing on the adoption of the proposed resolution of necessity, shall cause personal notice to be mailed by first class or certified mail to each person owning property liable to be assessed for the improvement, as shown by records kept by the director of equalization. The mailed notice shall contain a copy of the notice of hearing and the proposed resolution of necessity.
Source: SL 2012, ch 57, § 12.
9-43-85. Objections--Adoption--Amendment.
At the time and place of the hearing required by § 9-43-82, the governing body shall consider any objections to the proposed resolution and may adopt the resolution, with or without amendment. No amendment may be made affecting property of any class not included in the original proposed resolution unless the owner of that property has been given the notice and opportunity to be heard as provided by §§ 9-43-82 to 9-43-84, inclusive.
Source: SL 2012, ch 57, § 13.
9-43-86. Time for construction, contract, levy and collection of assessments--Protest petition.
Twenty days after publication of the adopted resolution of necessity, unless the referendum is invoked or unless a written protest is filed with the finance officer signed by the owners of more than fifty-five percent of the frontage of the property to be assessed, the governing body may cause the local improvement to be made, may contract for the improvement, and may levy and collect special assessments as provided in this chapter. Upon a two-thirds vote of the governing body, a protest petition may be denied and the governing body may cause the local improvement to be made.
Source: SL 2012, ch 57, § 14; SL 2016, ch 52, § 1.
9-43-87. Assessment roll.
At any time after the contract is signed, for any local improvement for which special assessments are to be levied, the governing body may make and file in the office of the finance officer an assessment roll showing:
(1) The name of the owner of each lot to be assessed as shown by the assessment roll of the county director of equalization;
(2) The legal description of each parcel of land to be assessed. The division by deeds of platted lots shall be recognized. The legal description of lands included in the assessment roll shall be taken as of the date of the adoption of the resolution of necessity; and
(3) The amount assessed against each lot.
Source: SL 2012, ch 57, § 15; SL 2016, ch 52, § 2.
9-43-88. Lot defined.
Wherever the term, lot, appears in this chapter, it shall be construed to include tracts or other parcels of land.
Source: SL 2012, ch 57, § 16.
9-43-89. Assessment payable in installments.
If the assessment is payable in installments, the special assessment roll shall specify the number of installments, the rate of interest that deferred installments shall bear, that the whole assessment or any installment may be paid at any time, and that all installments paid before their respective due dates are deemed paid in inverse order of their due dates.
Source: SL 2012, ch 57, § 17.
9-43-90. Hearing on assessment roll--Notice.
Upon the filing of the assessment roll with the finance officer, the governing body shall fix a time and place for hearing on the assessment roll. The finance officer shall publish a notice of the time and place of hearing in the official newspaper not less than ten nor more than twenty days before the date set for the hearing. The notice shall, in general terms, describe the improvement for which the special assessment is levied, the time and place of the hearing, and that the roll will be open for public inspection at the office of the finance officer and shall refer to the special assessment roll for further particulars.
In addition to the publication of the notice of hearing, the finance officer shall mail a copy of the notice, by first class or certified mail, addressed to the owner or owners of any property to be assessed for the improvement at the address shown by the records of the director of equalization. The mailing may not be less than ten nor more than twenty days before the date set for the hearing.
Source: SL 2012, ch 57, § 18.
9-43-91. Approval, equalization, amendment, or rejection of assessment roll.
At the time and place fixed for the hearing, the governing body shall meet to consider the assessment roll and hear any objections. At the hearing, the governing body may approve, equalize, amend, or reject the assessment roll.
Source: SL 2012, ch 57, § 19.
9-43-92. New roll to be made upon rejection.
If the governing body rejects the assessment roll, a new one may be made and filed, and notice and hearing shall be held as provided in § 9-43-90.
Source: SL 2012, ch 57, § 20.
9-43-93. List of amended items to be published--Hearing.
If the governing body equalizes or amends the assessment roll, a list of all items of assessment changed or amended shall be published and notice and hearing shall be held as provided in § 9-43-90.
Source: SL 2012, ch 57, § 21.
9-43-94. Approval and levy of assessment.
After any corrections in the assessment roll have been made, the governing body by resolution shall approve and levy the assessment, describing the assessment and the local improvement, and providing the dates of the official approval of the assessment roll.
Source: SL 2012, ch 57, § 22.
9-43-95. Resolution to specify payment plan.
The resolution approving the assessment roll shall also state under which plan the assessment and installments thereof shall be paid as provided by § 9-43-102.
Source: SL 2012, ch 57, § 23.
9-43-96. Appeal of decision--Time for appeal--Notice of appeal.
The decision of a municipal governing body upon a special assessment roll may be appealed to circuit court. The appeal shall be made within twenty days after publication of a notice that the resolution confirming the special assessment roll has been adopted by filing written notice of the appeal with the municipal finance officer and the clerk of the circuit court in the county in which the real property is situated. The notice of appeal shall describe the property and set forth the objections of the appellant to the special assessment.
Source: SL 2012, ch 57, § 24.
9-43-97. Numbering of each item of assessment.
Each item of assessment shall be numbered consecutively by the finance officer without regard to date, character of local improvement, or description of property. No number may be duplicated.
Source: SL 2012, ch 57, § 25.
9-43-98. Special record.
The finance officer shall prepare a special record which shall contain the following:
(1) A record of all special assessments;
(2) The consecutive number of the item;
(3) The date the assessment is due;
(4) The name of the property owner as provided by the director of equalization;
(5) The legal description of the property;
(6) The amount assessed against each lot;
(7) The character of the improvement for which the assessment is made; and
(8) The date of payment of each assessment or installment that is paid to the municipality.
The finance officer shall include in the special record a suitable index to the real property against which special assessments have been levied. The finance officer may destroy any record as provided by chapter 1-27.
Source: SL 2012, ch 57, § 26.
9-43-99. Notice of assessment mailed to owners.
The municipal finance officer shall immediately mail to the owners of each lot, parcel, or piece of land as shown by the special assessment roll, a notice specifying the amount of the assessment, the number of installments, the date of the approval of the assessment roll, and a statement that any number of the installments may be paid without interest at the office of the finance officer within thirty days from the date of approval of the roll, after which the unpaid balance will draw interest at the rate fixed by the governing body from the date of the approval of the assessment roll.
Source: SL 2012, ch 57, § 27.
9-43-100. Continuing lien on property--Exceptions.
Any special assessment lawfully levied upon real property assessed pursuant to this chapter is a continuing lien on the property as against all persons except the United States and this state. The lien continues for fifteen years from the due date of the last installment.
Source: SL 2012, ch 57, § 28; SL 2014, ch 53, § 1.
9-43-101. Waiver or reduction of special assessments.
A municipality may waive or reduce special assessments levied against owner-occupied single family dwellings if the head of the household is sixty-five years of age or older, or is disabled, or if the annual household income does not exceed the federal poverty level as updated annually on the Department of Social Services website. The terms used in this section are defined in § 10-18A-1.
Source: SL 2012, ch 57, § 29.
9-43-102. Resolution to specify payment under Plan One or Plan Two.
All special assessments are payable under Plan One or Plan Two.
Plan One--Collection by county treasurer.
Plan Two--Collection by municipal finance officer.
Before any contract is let or before bonds are issued for any local improvement for which special assessments are to be levied, the governing body shall provide by resolution or ordinance whether the assessments and installments are payable under Plan One or under Plan Two. The resolution or ordinance may provide for the assessment to be divided into any number of annual installments not exceeding forty.
Source: SL 2012, ch 57, § 30.
9-43-103. Payment due dates--Interest on unpaid installments.
The installments of each assessment under Plan One or Plan Two are due and payable, one on January first following the date of approval of the assessment roll, and one on January first of each succeeding year until the entire assessment is paid. The governing body shall fix the interest rate to be borne by unpaid installments.
Source: SL 2012, ch 57, § 31.
9-43-104. Payment without interest or interest to the date of payment.
Any assessment or installment under Plan One or Plan Two may be paid without interest to the municipal finance officer at any time within thirty days after the approval of the assessment roll. Thereafter, and before the due date of the first installment, the entire assessment remaining, or any number of installments, plus interest from the approval date to the date of payment may be paid to the municipal finance officer. After the due date of the first installment, if the installments that are due together with interest have been paid, any of the remaining installments not yet due may be paid without additional interest to the municipal finance officer. All installments paid before their respective due dates shall be paid in inverse order of their due dates.
Source: SL 2012, ch 57, § 32.
9-43-105. Delivery of assessment roll to county auditor under Plan One.
Under Plan One, the assessment roll shall be delivered to the county auditor not later than November first next following the date of approval or at the expiration of the thirty-day period for prepayment without interest, whichever is later. Before delivering the assessment roll to the county auditor, the municipal finance officer shall cancel in inverse order of their due dates all installments of any assessment previously paid. After delivery of the assessment role to the county auditor, the municipal finance officer shall promptly notify the county auditor of all installments of assessments paid to the finance officer, and the auditor shall cancel the installments in inverse order of their due dates upon the assessment roll.
Source: SL 2012, ch 57, § 33.
9-43-106. Delivery of assessment roll to county auditor under Plan Two--Notice of payment of delinquent installment.
Under Plan Two, the finance officer shall deliver no later than November first to the county auditor of the county in which the property assessed is located, all special assessments remaining unpaid that have become delinquent on or before October first. The finance officer shall certify to the county auditor the original amount of the assessment or installment, the amount of accrued interest of the assessment, the name of the property owner as provided by the director of equalization, the character of the improvement for which the assessment was made, and the legal description of the property. The county auditor shall include the delinquent installment and accrued interest in the following year at the time the real property tax is paid and shall certify the installment and interest, together with the general taxes, to the county treasurer for collection pursuant to the provisions of chapter 10-17.
After delivery of the assessment roll to the county auditor, the finance officer shall promptly notify the county auditor of all delinquent installments of assessments paid to the finance officer prior to January first, and the auditor shall cancel the delinquent installment.
Source: SL 2012, ch 57, § 34; SL 2015, ch 60, § 1.
9-43-107. Time for Plan One payment to municipal finance officer.
No installment under Plan One may be paid to the municipal finance officer on or after January first after certification to the county auditor.
Source: SL 2012, ch 57, § 35.
9-43-108. County auditor to certify installment, interest, and general taxes to the county treasurer for collection.
The county auditor shall include each installment under Plan One, unless advised by the finance officer of the municipality of the prior payment, in the taxes collectible in the year in which the installment is due, upon each parcel of land assessed, including interest upon that installment and all subsequent unpaid installments, at the rate fixed by the governing body. The county auditor shall certify the installment and interest, together with general taxes, to the county treasurer for collection in accordance with chapter 10-17.
Source: SL 2012, ch 57, § 36.
9-43-109. Calculation of interest on installments--Delinquent installments--Penalty.
The first installment under Plan One or Plan Two shall include interest from the date of approval of the assessment roll with the finance officer of the municipality to May first of the year in which the first installment is due. Each subsequent installment shall include one year's interest. Each of the installments, including interest as provided above, becomes delinquent on May first of the year in which the installment becomes due and shall have interest and penalty added each month at the same rate as provided in § 10-21-23 for delinquent real estate taxes.
Source: SL 2012, ch 57, § 37.
9-43-110. Amount owing by county, municipality, school district, or the state on account of assessments against property within municipality.
The amount owing by any county, municipality, school district, or the state on account of assessments under Plan One or Plan Two against property within the municipality is payable by the treasurer of the governmental subdivision affected and shall be paid in like installments and with like interest and penalty as provided by law for other assessable real property.
Source: SL 2012, ch 57, § 38.
9-43-111. Payment of proceeds of special assessments under Plan One or delinquent Plan Two.
All proceeds of special assessments under Plan One or delinquent Plan Two shall be paid to the finance officer of the municipality with the proceeds of other taxes.
Source: SL 2012, ch 57, § 39.
9-43-112. Sale of parcel for nonpayment of taxes and assessments--Redemption.
If the combined taxes and assessment installments under Plan One or delinquent Plan Two are not paid, the parcel may be sold for all such taxes and assessments in accordance with chapter 10-23. There may be no separate sale as provided in § 10-23-1 but each parcel may be sold for both taxes and special assessments at a single sale, and redemption must be made by payment of all such special assessments and taxes. No tax sale relieves the land from liability for subsequent installments of special assessments.
Source: SL 2012, ch 57, § 40.
9-43-113. County bid to include assessments--Payment and discharge of lien.
If any such parcel is bid off in the name of the county, the bid shall include the amount of the delinquent installment of special assessments under Plan One or Plan Two. Any parcel may be discharged from the assessments at any time by paying to the county treasurer an amount equal to the then due and past-due installments, with accrued interest, penalty, and cost, if any, and paying to the municipal finance officer all subsequent installments without additional interest; at which point the parcel is relieved from the lien of the assessment.
Source: SL 2012, ch 57, § 41.
9-43-114. Negotiable bonds to finance local improvement.
The governing body may provide by ordinance or resolution for the issuance of negotiable bonds without a vote of the voters in an amount not exceeding the entire cost of the local improvement. The bonds shall be issued and sold as provided in chapter 6-8B. However, all bonds shall mature not later than one year after the maturity of the last assessment installment. A single issue may be sold to finance several improvements.
Source: SL 2012, ch 57, § 42.
9-43-115. Fund for payment of cost of improvements.
All amounts derived from special assessments for all local improvements shall be receipted into the account of the municipality. The proceeds of the sale of bonds issued pursuant to § 9-43-114 shall be placed into a fund and may be used only for the payment of the cost of the improvements. No moneys may be transferred out of the fund until all obligations that are charged against it have been discharged. Thereafter the governing body may transfer any unexpended and unobligated balance to the general fund.
Source: SL 2012, ch 57, § 43.
9-43-116. Transfer of special assessment bonds to general obligation bond sinking fund.
If general obligation bonds are authorized, issued, and sold and the proceeds expended for the purpose of any local improvements of a type for which assessments may lawfully be levied, and if assessments have been levied on account of such improvements in the manner prescribed by law, special assessment bonds may be issued in anticipation of the collection of the assessments and may be transferred and appropriated to the debt service fund for the general obligation bonds, in reimbursement of all or any part of the sum expended. The amount of bonds transferred and appropriated may not exceed the sum expended, less any portion of the cost of the improvements to be assumed by the municipality. Any assessment bonds not transferred may be sold to third parties to provide additional moneys for financing the improvement.
Source: SL 2012, ch 57, § 44.
9-43-117. Application of moneys received from collection of assessments.
All moneys received from collections of assessments for any local improvement wholly or partially financed from the proceeds of general obligation bonds shall be applied toward payment of the assessment bonds issued on account thereof, including those held in the debt service fund for the general obligation bonds, in the same manner as if all such assessment bonds were held by third persons.
Source: SL 2012, ch 57, § 45.
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.
The moneys collected in and held by the debt service fund for the general obligation bonds shall be applied toward the payment of the general obligation bonds and interest, and the governing body may annually cause to be certified to the county auditor the amount applied. The governing body may direct that the tax levy collectible in the following year for the payment of the bonds be reduced by an amount not exceeding the sum certified. However, the municipality remains obligated to levy general taxes sufficient, together with other resources of the debt service fund, for the prompt payment of all principal and interest due on the general obligation bonds. No assessment bond transferred to any debt service fund pursuant to the provisions of § 9-43-116 may subsequently be transferred to any other fund until the general obligation bonds for which the fund is maintained have been fully paid with interest.
Source: SL 2012, ch 57, § 46.
9-43-119. Calculation of net indebtedness of municipality on general obligation bonds.
The principal amount of all special assessment bonds that are held in any debt service fund and that are not in default as to either principal or interest, as well as other assets of the fund, are deductible from the principal amount of the outstanding general obligation bonds for which the debt service fund is maintained, in determining at any time the net indebtedness of the municipality represented by the general obligation bonds.
Source: SL 2012, ch 57, § 47.
9-43-120. Special assessment accounts--Source of moneys for accounts.
The governing body may by ordinance or resolution create and maintain special assessment accounts for financing local improvements for which assessments are to be levied. The governing body may provide moneys for the accounts in the annual appropriation ordinance or by transfer of unused balances from other funds in accordance with the provisions of chapter 9-21, or it may provide for the issuance of general obligation bonds for the purpose of creating and maintaining the account after authorization by the voters and in the manner provided by chapter 9-26. Creating and maintaining the account is deemed a single purpose in framing the question to be submitted to the voters.
Source: SL 2012, ch 57, § 48.
9-43-121. Separate fund to pay cost of local improvements.
A separate fund may be established to be used only to pay, in whole or in part, the cost of local improvements of the type for which the fund has been created and for which assessments are to be levied. Money in the fund may be used both to pay the portion of the cost of the improvement assumed by the municipality and to advance the portion of the cost ultimately to be paid from collections of assessments.
Source: SL 2012, ch 57, § 49.
9-43-122. Transfer of special assessment bonds to special assessment accounts.
Special assessment bonds may be transferred and appropriated to the special assessment accounts in the same manner and to the same extent as provided in § 9-43-116 for the transfer of the bonds to general obligation bond sinking funds. All collections of assessments for assessment bonds transferred shall be held in and used only for the purposes of debt retirement.
Source: SL 2012, ch 57, § 50.
9-43-123. Transfer of excess assets to sinking fund for general obligation bonds issued to create and maintain special assessments.
If the governing body determines that the cash, assessment bonds, and any other investments held in the special assessment accounts are in excess of amounts required for financing contemplated future local improvements, it may transfer all or any part of the assets to the sinking fund for any outstanding general obligation bonds issued to create and maintain special assessments. The transfer is irrevocable, and the principal amount of all assessment bonds transferred that are not in default as to principal or interest, together with the other assets of the sinking fund, are deductible from the principal amount of the general obligation bonds in determining the net indebtedness of the municipality.
Source: SL 2012, ch 57, § 51.
9-43-124. Restriction on transfer of special assessment moneys to other municipal fund.
No special assessment moneys may be transferred to any other fund of the municipality until all general obligation bonds issued to create or maintain the special assessments have been fully paid with interest.
Source: SL 2012, ch 57, § 52.
9-43-125. Restriction on injunctions--Time for commencing action on assessment.
No injunction restraining the making of any local improvement under the provisions of this chapter may be issued after the letting of the contract. No action or proceedings may be commenced or maintained in any court attacking the validity of the proceedings for special assessments up to and including the approval of the assessment roll or questioning the amount of the assessment unless the action is commenced within twenty days after the publication of the resolution approving the assessment roll and notice that assessments are due and payable as provided in § 9-43-99.
Source: SL 2012, ch 57, § 53.
9-43-126. Action challenging assessment to resolve all issues in one proceeding.
If any action or proceeding is commenced and maintained in any court to restrain the collection of any assessment levied for any municipal local improvement, to recover any such assessment previously paid, to recover the possession or title of any real property sold for such an assessment, to invalidate or cancel any deed or grant thereof for such an assessment, or to restrain or delay the payment of any such assessment, the true and just amount of the assessment due upon the property shall be ascertained and judgment shall be rendered for the assessment, making the assessment a lien upon the property and authorizing execution or process to issue for the collection of the assessment by a sale of the property. If in the opinion of the court the assessment has been rendered void or voidable by any act or omission, the court may order that a reassessment be made under the provisions of §§ 9-43-134 and 9-43-135. The court may require the payment of the assessment as a condition for granting such relief, or declare by its judgment that the assessment is a lien upon the property, and authorize the issuing of execution or proper process for its collection by a sale of the property, to the end that the whole matter may be adjudicated in the one action or proceeding and the proper proportion or ratio of the assessment be paid by the property owner. The cost of such an action or proceeding shall be taxed as the court may direct.
Source: SL 2012, ch 57, § 54.
9-43-127. Districts for construction and maintenance of local improvements.
The governing body of any municipality may establish one or more districts for the construction and maintenance of local improvements. The governing body may establish or modify the boundary of the district, construct improvements or portions of improvements, and assess the cost of the improvement to the property within the district as provided in this chapter.
Source: SL 2012, ch 57, § 55.
9-43-128. Plan for local improvement district.
If the governing body deems it necessary to establish a local improvement district, the governing body shall have a plan of the district prepared by the city engineer or other competent person, showing the boundaries of the district and lots or parts of lots included in the district. The plan shall be filed in the office of the finance officer for public inspection. No district need be established for the purpose of constructing or maintaining any improvement.
Source: SL 2012, ch 57, § 56.
9-43-129. Publication of notice of plan for local improvement district--Public hearing.
Upon filing of the plan, a notice signed by the finance officer shall be published once stating that a plan for a public district, bounded as described in the notice and designated by number has been prepared and is on file in the office of the finance officer. The notice shall state that all persons owning property or interested in any real estate in the district may examine the notice during regular office hours and may file objections within ten days after the publication of the notice, and that on the date stated the governing body will hold a public hearing at a place named to consider any objections, at which time all persons may be heard. The notice shall be published once, and the hearing may not be less than ten nor more than twenty days after publication.
Source: SL 2012, ch 57, § 57.
9-43-130. Approval, modification or rejection of plan.
At the hearing, the governing body shall consider any objections and may by resolution approve and adopt the proposed plan or change it in such manner as it may deem necessary. The governing body may adopt and approve the plan or may reject the plan and order a new plan prepared in accordance with §§ 9-43-81 and 9-43-82.
Source: SL 2012, ch 57, § 58.
9-43-131. Lots in district liable for assessments upon approval of plan.
When a resolution adopting and approving a local improvement district plan takes effect, the plan shall be numbered and filed in the office of the finance officer and shall then constitute the plan of the district, and the lots contained in the district are liable to assessment for the construction of improvements within the district in the same manner as other assessed property not within a district and in accordance with the provisions of this chapter.
Source: SL 2012, ch 57, § 59.
9-43-132. Apportionment of costs according to benefits accruing to lots.
The total cost, or any portion of the cost that is assessable against all the real property within any district or area benefited by the local improvement, may be apportioned according to the benefits to accrue to each lot or tract, as determined by the governing body. In determining benefits to a district or area, the governing body shall determine the amount in which each lot or tract located within the district or area will be benefited by the construction of the improvement, and shall assess against each lot or tract that amount, not exceeding its special benefit, as is necessary to pay its just portion of the total cost of the work to be assessed.
Source: SL 2012, ch 57, § 60.
9-43-133. Lots subject to assessment both as fronting and abutting property and as property benefited.
If any lot is subject to assessment both as fronting and abutting property and as property within the district or area benefited by the local improvement, the sum of both assessments may be the amount to be stated in the assessment roll against each such lot.
Source: SL 2012, ch 57, § 61.
9-43-134. New assessment or reassessment for irregularities.
If any special assessment for any local improvement is set aside for irregularity in the proceedings or declared void by reason of noncompliance with the provisions of law when ordering or letting the work or making the assessment, or if the collection of any portion of the assessment has been restrained or enjoined, or if any special assessment made upon any lot has been set aside or in any manner rendered or found to be ineffectual, the governing body may make a new assessment or reassessment. The governing body may collect the assessment or reassessment in the manner provided for the collection of the original assessment, to an amount not exceeding the amount of the original assessment, to bear interest at the rate provided by the governing body for unpaid installments of the original assessment from the date of approval of the assessment roll.
Source: SL 2012, ch 57, § 62.
9-43-135. Notice of reassessment.
If any reassessment is required, the governing body shall appoint a time for making the reassessment. The finance officer shall give ten days' notice to the owner of any lot to be reassessed, by mail addressed to the owner's last mailing address as shown by the records of the director of equalization, and shall publish notice of the reassessment once not less than ten nor more than twenty days before the time set for the reassessment. After publication of the approved resolution, the governing body may proceed with the levying and forwarding for the collection of special assessments.
Source: SL 2012, ch 57, § 63.
9-43-136. Assessment of additional cost of improvement--Public hearing.
If the assessment originally levied, together with any sum to be paid by the municipality from its general fund or from the proceeds of general obligation bonds, is insufficient to pay the total cost of the improvement, the governing body may assess the additional cost to each lot in the same proportion as provided in the original assessment roll, after public hearing in the same manner as required for the adoption of the original assessment roll. The governing body shall adopt a resolution proposing to increase the special assessment contained in the original special assessment roll by the proportion it determines to be sufficient to pay the total cost of the improvement. The resolution, notice of hearing, and hearing procedures shall be carried out as provided in § 9-43-90. The amount by which each assessment is increased shall be collected by the same procedure and at the same time as the original assessment. However, if any installment of the original assessment has been paid before the levy of the supplemental assessment, the amount of the increase shall be added to the balance unpaid and becomes payable with and as a part of the remaining installments. Interest shall be computed in the same manner as provided for in the original assessment.
Source: SL 2012, ch 57, § 64.
9-43-137. Federal loans.
If public moneys are made available by loan from any federal source to the state, an agency of state government, a public body created by the state, or a political subdivision of the state for the direct or indirect aid of landowners or owners of real property in the public or private improvement of their property in a manner specified by competent federal, state, or local authority, the owners are entitled to retire their obligations for the improvements in like pro rata installments over the same period of time as the loan of federal moneys will be retired, or, if permissible, to accelerate the installments as they are able, and at the same rate of interest as the loan of federal moneys to the state, state agency, public body, or political subdivision of the state. However, if the loan of federal moneys requires different or more stringent terms be met by the owners with regard to time period, installments, or rate of interest, then the terms allowed shall be the most liberal possible that still comply with the federal requirements.
The provisions of this section, in a proper case, are in lieu of assessment under any other law granting power to assess for property improvement.
Source: SL 2012, ch 57, § 65.
9-43-138. Special maintenance fee--Purposes--Exemptions.
The governing body prior to the assessment of real property within the municipality for the next fiscal year, may levy, annually, for the purpose of maintaining or repairing public improvements, a special maintenance fee upon the lots fronting and abutting any improvements within the municipality that are maintained by the municipality. For purposes of this section, the governing body prior to the assessment of real property may, by resolution, elect to treat any of the following lots as not fronting and abutting improvements within the municipality:
(1) Lots with a tax assessment freeze under chapter 10-6A; or
(2) Lots classified as agricultural property under § 10-6-110.
The governing body prior to the assessment of real property may, by resolution, designate the lot or portion of lots against which the fee is to be levied and the amount of the fee to be assessed against each lot or portions of lots for such purposes, or may apportion the fee pursuant to § 46A-10B-20. The governing body may directly bill the affected property owner for the fee in a manner determined by the municipality, or the governing body may require the county treasurer to add the fee assessed to the general assessment against the property and certify the fee assessed together with the regular assessment to the county auditor to be collected in the same manner as municipal taxes are collected for general purposes. The fee assessed is subject to review and equalization the same as assessments or taxes for general purposes.
Source: SL 2012, ch 57, § 66; SL 2020, ch 29, § 1; SL 2021, ch 44, § 44.
9-43-139. Application of chapter.
The provisions of this chapter do not apply to chapters 9-53, 9-55, or 21-10.
Source: SL 2012, ch 57, § 67.
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.
9-44-1. Municipal improvement bonds authorized in lieu of special assessment certificates.
If the special assessments to be levied by any municipality for any local improvement or improvements are divided into installments pursuant to the provisions of chapter 9-43, the governing body of the municipality, in lieu of issuing assessment certificates or bonds as provided in chapter 9-43, may issue municipal improvement bonds.
Source: SL 1947, ch 219, § 1; SDC Supp 1960, § 45.21A01; SL 1984, ch 43, § 85.
9-44-2. Authorization--Issuance--Sale--Maturity.
Municipal improvement bonds shall be authorized, issued, and sold as provided in chapter 6-8B, except that all bonds shall mature not later than one year after the due date of the last assessment installment. In fixing serial maturities, the governing body shall estimate the amounts of money which will be available from time to time through collections of assessments, taxes, and service charges levied or imposed as herein provided, and shall adopt a schedule of maturities such that to the best of their judgment moneys will be available from sources at times and in amounts as to permit payment of all principal and interest as the payments become due.
Source: SL 1947, ch 219, § 3; SDC Supp 1960, § 45.21A03; SL 1984, ch 43, § 86.
9-44-3. Amount of bond issue.
Municipal improvement bonds under this chapter may be issued in an amount equal to the total cost of the improvement or improvements.
Source: SL 1947, ch 219, § 3; SDC Supp 1960, § 45.21A03; SL 1984, ch 43, § 87.
9-44-5. Covenants with bondholders authorized.
In and by the resolution authorizing municipal improvement bonds, the governing body may on behalf of the municipality make any or all of the covenants described in §§ 9-44-6 to 9-44-8, inclusive, with and for the benefit of the holders from time to time of said bonds.
Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04.
9-44-6. Agreement by municipality to pay part of bonds from tax proceeds--Constitutional limitation--Irrepealable tax levy.
The municipality may agree to pay any part not exceeding one-half of the principal of and interest on municipal improvement bonds by ad valorem taxation on all property within the municipality. Such part of the principal shall be a general obligation indebtedness of the municipality and shall not, together with other indebtedness as of the date of issue of the bonds, exceed any constitutional limitation. In computing the municipality's indebtedness at any time after the issuance of the bonds, the same fraction of the principal amount of the bonds then outstanding, less an equal fraction of any moneys in the fund of the improvement, shall be included. Before delivery of the bonds the governing body shall levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax, to be spread upon the tax rolls for the same years as the special assessments, in amounts sufficient to pay the proportionate part of each installment of principal and interest as the same matures. Said tax may not exceed the part of principal and interest so payable by more than five percent, but shall not be subject to any other tax levy limitation provided by law. The levy of taxes or assumption of payment of a part of principal and interest requirements in excess of the limitations herein shall be invalid only as to such excess.
Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04 (1).
9-44-7. Municipal agreement as to water and sewer service charges--Adequacy of rates.
In the case of water and sewer improvements undertaken pursuant to chapters 9-47 and 9-48, the municipality may agree to establish, impose, and collect just and equitable charges for services furnished by such improvement or improvements, and to pledge and appropriate all or any portion of the net revenues derived from such charges to the improvement fund for payment of municipal improvement bonds and interest. The municipality may further agree to establish and maintain such rates as shall at all times be at least sufficient to produce net revenue which, together with collections of assessments and taxes, will be adequate to pay the principal of and interest on each and all of the bonds as such principal and interest become due. In connection with such service charges, the governing body shall have all of the rights and powers which it would have with respect to like matters under chapter 9-40.
Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04 (2); SL 1980, ch 26, § 20.
9-44-8. Tax levy to pay deficiency in improvement fund--Covenant to levy--Limitation of levy.
The municipality may agree that in the event of a deficiency in the improvement fund, the governing body will levy an ad valorem tax upon all of the taxable property within the municipality in an amount as may be necessary to pay the deficiency. The covenant may be limited to the levy of a tax for the payment of any deficiency existing at the maturity of the last outstanding bond, or may provide for the levy of a tax whenever any amount of principal or interest shall become due and the moneys in the fund shall be insufficient to pay the same. Notwithstanding the omission of a covenant in the resolution authorizing the bonds, or the limitation of the same to payment of a deficiency at the maturity of the last outstanding bond, the governing body may levy a tax upon the occurrence of any deficiency, and may also levy such tax in anticipation of any deficiency for the purpose of paying the next maturing principal and interest. Taxes levied pursuant hereto may not exceed by more than five percent the deficiency for which they are levied, but are not subject to any other limitation as to rate or amount; and levies in excess of such limitation shall be invalid only as to the excess.
Source: SL 1947, ch 219, § 4; SDC Supp 1960, § 45.21A04 (3); SL 1984, ch 43, § 87A.
9-44-9. Reduction of assessments on decision to pay bonds from taxes or service charges--Supplemental assessments on property benefited.
In the event that the governing body shall determine to pay any portion of municipal improvement bonds from taxes and/or collections of service charges, it may direct that the estimate for special assessments and the assessment roll shall specify the portion of cost to be paid by assessment, the portion to be paid by taxes, and the portion to be paid exclusively by revenues, and the assessment on benefited property may be reduced proportionately; but the assessable cost of the improvement shall not be decreased by the reduction of the assessment, and the governing body may and if necessary shall levy supplemental assessments on specially benefited property to the full amount of such benefit.
Source: SL 1947, ch 219, § 5; SDC Supp 1960, § 45.21A05.
9-44-10. Bonds payable from improvement fund--Negotiability--Municipal obligation limited.
All bonds shall be payable solely out of the fund of the improvement or improvements to be financed thereby but they shall be negotiable investment securities within the meaning of chapter 57A-8. The obligation of the municipality with reference thereto shall be limited to the proper administration of the fund and the support of the same by the methods provided in this chapter and as provided in the resolution or ordinance authorizing the bond issue.
Source: SL 1947, ch 219, § 2; SDC Supp 1960, § 45.21A02; SL 1984, ch 43, § 88.
9-44-11. Assessments, taxes, and revenues paid into improvement fund--Use of fund--Unexpended balance.
Into the fund of the improvement financed by municipal improvement bonds shall be paid all assessments and taxes levied on account of the improvement and any net revenues appropriated for the payment of the bonds as provided in this chapter. Moneys in said fund shall be used for no purpose other than the payment of the principal of and interest on said bonds as the same shall become due. After the payment of all principal and interest the governing body may transfer any unexpended balance in said fund to the general fund of the municipality.
Source: SL 1947, ch 219, § 2; SDC Supp 1960, § 45.21A02.
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.
9-45-1. Municipal power over streets, alleys, and public grounds--Types of improvements permitted.
Every municipality may lay out, establish, open, vacate, construct, alter, widen, extend, improve, repair, grade, gravel, surface, pave, repave, bridge, construct a viaduct upon or over, erect equipment for street lighting in and otherwise improve, and establish and change the grade of roads, streets, alleys, sidewalks, and public grounds, and to regulate the making of openings and connections therein and the erection of lights thereon as provided by this title.
Source: SL 1890, ch 37, art V, § 1, subdivs 7, 13, 45; SL 1890, ch 37, art XVI, § 18; SL 1890, ch 37, art XVII, § 1; SL 1895, ch 182, § 14; RPolC 1903, § 1229, subdivs 7, 13, 45; RPolC 1903, §§ 1303, 1306, 1441, 1442; SL 1911, ch 95, § 1; SL 1913, ch 111; SL 1913, ch 119, § 53, subdivs 7, 12, 45; SL 1913, ch 126, § 1; RC 1919, §§ 6169 (7), (9), 6356, 6357, 6364; SL 1923, ch 240; SL 1929, ch 195; SDC 1939, § 45.0201 (94); SL 2020, ch 30, § 1.
9-45-2. Street names and numbering of houses.
Every municipality shall have power:
(1) To name and change the name of any street, avenue, alley, or other public place;
(2) To regulate the numbering of houses and lots.
Source: SL 1890, ch 37, art V, § 1, subdivs 22, 23; RPolC 1903, § 1229, subdivs 22, 23; SL 1913, ch 119, § 53, subdivs 22, 23; RC 1919, § 6169 (31), (32); SDC 1939, § 45.0201 (96), (97).
9-45-3. Bridges, culverts and sluiceways.
Every municipality shall have power to construct and keep in repair bridges, culverts, and sluiceways.
Source: SL 1895, ch 182, § 14; RPolC 1903, § 1441; SL 1913, ch 111, § 1; RC 1919, § 6169 (7); SDC 1939, § 45.0201 (91).
9-45-4. City power over bridges, viaducts, and tunnels.
Every first or second class municipality shall have power to establish, maintain, and regulate the use of bridges, viaducts, and tunnels.
Source: SL 1890, ch 37, art V, § 1, subdiv 28; RPolC 1903, § 1229, subdiv 28; SL 1913, ch 119, § 53, subdiv 28; RC 1919, § 6170 (6); SDC 1939, § 45.0202 (8); SL 1992, ch 60, § 2.
9-45-5. Crosswalks, curbs, gutters, and drains.
Every municipality shall have power to provide for and regulate crosswalks, curbs, gutters, and drains.
Source: SL 1890, ch 37, art V, § 1, subdiv 16; RPolC 1903, § 1229, subdiv 16; SL 1913, ch 119, § 53, subdiv 17; RC 1919, § 6169 (49); SDC 1939, § 45.0201 (95).
9-45-6. Survey and plat filed on laying out or boundary change in street, alley, or public ground.
When any street, alley, or public ground in a municipality is laid out or its boundaries changed, the governing body shall cause an accurate survey and plat thereof to be made and filed in the office of the finance officer and in the office of the register of deeds of the county. Any municipality may widen an existing street within the platted right-of-way without filing new plats.
Source: SL 1890, ch 37, art XVI, § 12; RPolC 1903, § 1300; RC 1919, § 6355; SDC 1939, § 45.1709; SL 1991, ch 74, § 1.
9-45-7. Petition of property owners or landowners required for vacation of street, alley, or public ground--Plat--Verification of petition.
No street, alley, or public ground, or part thereof, shall be vacated by the governing body except upon the petition and consent in writing of all of the owners of the property adjoining the part of the street, alley, or public ground to be vacated. Such petition shall set forth the facts and the reasons for such vacation, accompanied by a plat of such street, alley, or public ground proposed to be vacated, and shall be verified by the oath of one or more of the petitioners, provided, in the event all the land subject to the proposed petition to vacate is located on the land of a landowner, the petition of the landowner shall be sufficient.
Source: SL 1890, ch 37, art XVI, § 13; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1975, ch 91.
9-45-8. Publication of notice of petition and hearing on vacation.
Upon the filing of a petition pursuant to § 9-45-7, the governing body, if it deems it expedient that the matter should be proceeded with, shall order the petition to be filed with the auditor or clerk, who shall give notice by publication once each week for at least two successive weeks, to the effect that the petition has been filed and stating in brief its object and that the petition will be heard and considered by the governing body, or a committee appointed by the governing body for that purpose, on a day specified not less than ten days from the last publication of the notice.
Source: SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1972, ch 51, § 2; SL 2003, ch 46, § 1.
9-45-9. Hearing and decision on vacation of street, alley, or public ground--Vote required.
The governing body or such committee at the time and place appointed shall investigate and consider the matter and shall hear the evidence and testimony of the parties interested. The governing body, after hearing the same or upon the report of such committee favoring the granting of such petition, may declare by resolution passed by a two-thirds vote of all the members, such street, alley, or public ground vacated.
Source: SL 1890, ch 37, art XVI, § 13; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1.
9-45-10. Vacation after nonuser of platted street or alley--Petition of property owners.
In any first or second class municipality whenever any street or alley or any part thereof as designated upon any recorded plat of the same shall not have been used or traveled as a street or alley at any time during the period of twenty years subsequent to the recording of the plat, the same may be vacated by the governing body upon application of the owner or owners of all the real property abutting upon both sides thereof. The application for such vacation shall be made upon the petition of the abutting owner or owners and shall be verified by the affidavit of such owner or owners or his or their agent or attorney.
Source: SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1992, ch 60, § 2.
9-45-11. Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
After the filing of a petition pursuant to § 9-45-10, the governing body shall give notice by publication once each week for at least two successive weeks. The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body or the committee appointed by the governing body for that purpose. The hearing shall be held not less than ten days from the last publication of the notice. Upon the hearing it is sufficient to establish that the street, or alley, or any part thereof to be vacated, has not been used, worked, or traveled during the twenty years preceding the time for the meeting and since the recording of the plat thereof.
Source: SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1; SL 1972, ch 51, § 3; SL 2007, ch 42, § 1; SL 2011, ch 45, § 1.
9-45-12. Publication and filing of resolution vacating platted street or alley.
A resolution of vacation pursuant to § 9-45-9 or 9-45-11 shall be published, to take effect, and be subject to referendum as other resolutions, and upon taking effect a transcript of such resolution duly certified by the auditor or clerk shall be filed for record and duly recorded in the office of the register of deeds of the county.
Source: SL 1890, ch 37, art XVI, § 13; SL 1893, ch 122, § 1; RPolC 1903, § 1301; RC 1919, § 6354; SDC 1939, § 45.1708; SL 1949, ch 186; SL 1951, ch 241, § 1.
9-45-13. Irregularities in vacation proceedings cured after two years.
Whenever the governing body of any municipality, township, or county of this state having jurisdiction has had, or shall have, presented to it a petition for the vacation of any public highway, street, alley, or public ground or any part thereof, and, after published notice and public hearing, such governing body has granted or shall grant the petition in whole or in part and there was, or shall be recorded in the office of the register of deeds of the county wherein such area is located a certified copy of the resolution or record of the action taken by such body relative to such petition, any defect or irregularity in the proceedings in such matter shall be deemed validated, legalized, and cured at the end of two years following the date of such recording and any easement or interest of the public in or upon the area so vacated shall then be terminated and action thereon barred.
Source: SL 1951, ch 241, § 2; SDC Supp 1960, § 45.1708-1.
9-45-13.1. Vacation of street in extraterritorial jurisdiction of municipality.
A municipal governing body may vacate a street within its extraterritorial jurisdiction, as defined in § 11-6-10, upon approval of the board of county commissioners.
Source: SL 1981, ch 75.
9-45-14. Establishment of grade of street, alley, or sidewalk--Record kept by auditor or clerk.
The governing body of any municipality by ordinance may establish the grade of any street, alley, or sidewalk in the municipality. A record of the same shall be kept, together with the profile thereof in the office of the auditor or clerk.
Source: SL 1890, ch 37, art XVI, § 18; RPolC 1903, § 1306; RC 1919, § 6356; SDC 1939, § 45.1707.
9-45-15. Change of grade of street--Municipal liability for damage to abutting property.
After the grade of any street has been established as provided by § 9-45-14, the municipality shall, if it changes the grade, be liable to the abutting property owners for any damage they may sustain by reason of any permanent improvements having been made in conformity to the grade as first established.
Source: SL 1890, ch 37, art XVI, § 18; RPolC 1903, § 1306; RC 1919, § 6356; SDC 1939, § 45.1707.
9-45-16. Resolution of necessity for construction of viaduct--Assessment and liability for damage to property.
If any viaduct is declared by resolution necessary for the safety and protection of the public, the governing body of any first or second class municipality shall provide for appraising, assessing, and determining the damages, if any, that may be caused to any property by reason of the construction of the viaduct and its approaches. The resolution is effective thirty days after its publication, unless nullified by an order of the Public Utilities Commission.
Such damage shall be paid by the municipality and may be assessed against the property benefited as provided in chapter 9-43.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2; SL 2012, ch 57, § 78.
9-45-17. Viaduct specifications determined by governing body.
The width, height, and strength of any such viaduct and approaches thereto, the material therefor, and the manner of construction thereof shall be as required by the governing body.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706.
9-45-18. Viaduct costs borne and work done by railroads--Neglect as petty offense--Proceedings to compel compliance.
When two or more railroad companies own or operate separate lines of track to be crossed by any viaduct, the proportion of such viaduct and the approaches thereto to be constructed by each, or the cost to be borne by each, shall be determined by the governing body. Any railroad company shall proceed within the time and in the manner required by the governing body to construct, reconstruct, or repair any viaduct as required. It is a petty offense for any railroad company to neglect to perform such duty, and each day such company shall neglect to perform such duty shall constitute a separate offense.
Any such company may be compelled by mandamus or other appropriate proceeding to construct, reconstruct, or repair any viaduct so required.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, §§ 45.1706, 45.9904; SL 1981, ch 43, § 20.
9-45-19. Viaduct work done by municipality on failure by railroad--Costs charged against railroad.
If any railroad company shall fail, neglect, or refuse to construct, reconstruct, or repair any viaduct as required by § 9-45-18, the governing body may proceed to do so in such manner as may be provided by resolution and assess the cost thereof against the property of such railroad company, and such cost shall be a valid and subsisting lien against such property and shall also be a legal indebtedness of such company in favor of such first or second class municipality.
Source: SL 1909, ch 126; RC 1919, § 6366; SDC 1939, § 45.1706; SL 1992, ch 60, § 2.
9-45-20 to 9-45-34. Repealed by SL 2012, ch 57, §§ 79 to 93.
9-45-35. Assumption by municipality of cost of repairing street previously constructed by assessment.
The resolution of necessity may provide that the municipality may pay any portion or all of the cost of resurfacing, rebuilding, or repaving the portion of any street, alley, or public way in which pavement has previously been placed and paid for wholly or in part by assessment of benefited property.
Source: SL 1929, ch 193; SDC 1939, § 45.1705; SL 1949, ch 185, § 5; SL 2012, ch 57, § 94.
9-45-36. Sidewalk relocation costs shared by municipality.
Where, in the process of widening a public way, it is necessary to relocate sidewalks, the governing body of any municipality may provide by ordinance that such municipality shall share with the abutting property owners fifty percent of the assessed cost for replacement of all sidewalks which were not in a highly deteriorated condition prior to such widening of the public way.
Source: SL 1963, ch 287.
9-45-37. Record of street proceedings kept by auditor or clerk.
The auditor or clerk shall keep in his office a record of all proceedings taken in the matter of opening, altering, vacating, paving, or otherwise improving any street, alley, or other public ground, and after the confirmation of any report in such matters he shall record all the proceedings taken in relation to the same.
Source: SL 1890, ch 37, art XVI, § 14; RPolC 1903, § 1302; RC 1919, § 6355; SDC 1939, § 45.1709.
9-45-38, 9-45-39. 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.
9-46-1. Width and material of sidewalks prescribed by ordinance.
Every municipality may, by ordinance, prescribe the width of sidewalks and may establish different widths in different areas of the municipality and determine the kind of material of which the sidewalk shall be constructed, having regard to the business and amount of travel in the vicinity of each.
Source: SL 1890, ch 37, art XVI, § 19; RPolC 1903, § 1307; SL 1913, ch 324; RC 1919, § 6359; SDC 1939, § 45.1601; SL 2020, ch 30, § 2.
9-46-1.3 . Resolution--Sidewalk Location.
Every municipality may, by resolution, require the owner of real property abutting or adjoining a public right-of-way or abutting or adjoining public property containing a highway to construct a sidewalk in a location as designated in the resolution.
Source: SL 2020, ch 30, § 3.
9-46-2. Liability of adjoining property owner for failure to keep sidewalks in repair.
Any owner of real property who fails to keep the sidewalks abutting or adjoining the property in repair creates or maintains a public nuisance and the owner is liable to the municipality for any damage or injury caused by neglect and responsible for the costs of abating the public nuisance pursuant to § 21-10-6.
Source: SL 1890, ch 37, art XVI, § 24; RPolC 1903, § 1312; RC 1919, § 6363; SDC 1939, § 45.1605; SL 1986, ch 80; SL 2020, ch 30, § 4.
9-46-2.1 . Municipal sidewalk--Construction.
If the governing body deems it necessary that any sidewalk be constructed, and after plans and specifications are filed with the finance officer, the governing body shall draft a proposed resolution of necessity for the sidewalk and shall schedule a public hearing on the resolution.
The proposed resolution of necessity shall contain the proposed location of the sidewalk to be constructed and the date by which the construction must be completed. The proposed resolution may provide that:
(1) The owner of the real property abutting or adjoining the sidewalk to be constructed shall construct the sidewalk and be responsible for all cost of constructing the sidewalk commensurate with the benefit to the property;
(2) The owner of the real property abutting or adjoining the sidewalk to be constructed shall be assessed any definite, specified portion or all of the cost of the sidewalk; or
(3) The municipality shall pay any definite, specified portion or all of the cost of the sidewalk.
The proposed resolution of necessity shall state that details, plans, and specifications may be reviewed at the finance office during regular office hours. Multiple sidewalks may be embraced by one resolution of necessity if the requirements of this section are followed for each sidewalk set forth in the resolution.
Source: SL 2020, ch 30, § 5.
9-46-2.2 . Notice of hearing--Municipal sidewalk.
The notice of hearing on the proposed resolution of necessity shall contain the time and place of the hearing and shall state that the governing body will consider any objections to the proposed resolution by owners of the property abutting or adjoining the sidewalk proposed to be constructed. Notice of hearing on the proposed resolution of necessity shall be published once, not less than ten nor more than twenty days before the hearing on the resolution of necessity.
Source: SL 2020, ch 30, § 6.
9-46-2.3 . Notice--Mailing.
In addition to the published notice set forth in § 9-46-2.2 , the governing body, not less than ten nor more than twenty days before the hearing on the proposed resolution, shall cause a copy of the notice of hearing, set forth in § 9-46-2.2 , to be mailed by first class or certified mail to each owner of real property abutting or adjoining the sidewalk proposed to be constructed. The mailed notice shall contain the location of the sidewalk to be constructed and the date by which the construction must be completed.
Source: SL 2020, ch 30, § 7.
9-46-3. Repealed.
Source: SL 1890, ch 37, art XVI, § 20; SL 1901, ch 79, § 1; RPolC 1903, §§ 1308, 1541; SL 1913, ch 324; RC 1919, § 6360; SL 1929, ch 198; SDC 1939, § 45.1602; SL 1987, ch 80, § 1; SL 2020, ch 30, § 8.
9-46-4. Municipal construction on failure by adjoining owner.
If the sidewalk is not constructed in the manner and within the time set forth in the resolution of necessity pursuant to § 9-46-2.1, the governing body may cause the sidewalk to be constructed and make assessments for the sidewalk pursuant to § 9-46-4.1.
Source: SL 1890, ch 37, art XVI, § 21; SL 1901, ch 75, § 1; SL 1901, ch 79, § 2; RPolC 1903, §§ 1309, 1542; SL 1913, ch 324; SL 1915, ch 110; RC 1919, § 6361; SDC 1939, § 45.1603; SL 1955, ch 207; SL 1963, ch 282; SL 1987, ch 80, § 2; SL 2011, ch 2, § 119; SL 2020, ch 30, § 9.
9-46-4.1 . Sidewalk--Financing.
If the governing body, pursuant to § 9-46-2.1 , deems it necessary that a sidewalk be constructed and financed in total or in part by special assessment, the procedures set forth in chapter 9-43 shall be followed. A resolution of necessity adopted pursuant to § 9-46-2.1 shall satisfy the requirements of § 9-43 -82.
Source: SL 2020, ch 30, § 10.
9-46-4.2 . Definition.
For the purposes of this chapter, the term, lot, includes tracts or other parcels of land.
Source: SL 2020, ch 30, § 12.
9-46-5. Repealed.
Source: SL 1890, ch 37, art XVI, § 21; SL 1901, ch 75, § 1; SL 1901, ch 79, § 2; RPolC 1903, §§ 1309, 1542; SL 1913, ch 324; SL 1915, ch 110; RC 1919, § 6361; SDC 1939, § 45.1603; SL 1955, ch 207; SL 1963, ch 282; SL 2020, ch 30, § 11.
9-46-6. Repealed.
Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207; SL 1963, ch 282; SL 2020, ch 30, § 11.
9-46-7. Repealed.
Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207; SL 1963, ch 282; SL 1982, ch 60, § 7; SL 2020, ch 30, § 11.
9-46-8. Repealed.
Source: SDC 1939, § 45.1603 as added by SL 1955, ch 207; SL 1963, ch 282; SL 2020, ch 30, § 11.
9-46-11. Mailboxes on or adjacent to curbs or sidewalks.
The governing body shall be authorized by ordinance to allow mailboxes to be located on or adjacent to a municipal street curb or sidewalk.
Source: SL 1976, ch 86.
9-46-12 . Municipal authority.
Nothing contained in this chapter limits or restricts any municipal power or authority as set forth in title 11.
Source: SL 2020, ch 30, § 13.
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.
9-47-1. General municipal power to construct and operate systems--Separate fund--Agreements with state and federal agencies.
Every municipality may construct, establish, operate, and maintain a system of waterworks and facilities in connection therewith; may regulate the distribution and use of water supplied thereby; may acquire a suitable supply of water, whether within or without the municipality; may maintain dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters within or without the municipality either as a direct source of water to the municipality or as a supply of water from which any other source of the water supply of the municipality may be replenished or restored; may advantageously dispose of, to districts, subdivisions, and areas, outside the limits of the municipality to which supply lines may extend, any municipal supply of water, including stored water, not required or used for municipal purposes and any surplus water may be disposed of to any outside district where the water is delivered into a natural watercourse for irrigation purposes; may assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by this title. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19. Every municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.
Source: PolC 1877, ch 24, § 22, subdiv 3; SL 1887, ch 105, § 1; CL 1887, § 1043, subdiv 3; CL 1887, § 1135; SL 1890, ch 37, art V, § 1, subdiv 43; SL 1901, ch 81, § 1; RPolC 1903, § 1229, subdiv 43; RPolC 1903, § 1438, subdiv 3; RPolC 1903, § 1520; SL 1905, ch 174, § 1; SL 1905, ch 175, § 1; SL 1913, ch 119, § 53, subdiv 43; SL 1913, ch 367; RC 1919, §§ 6169 (12), 6393, 6394; SL 1923, ch 231; SL 1927, ch 175; SL 1937, ch 174; SDC 1939, § 45.0201 (81); SL 1939, ch 183; SL 1941, ch 193; SL 1941, ch 194; SL 1951, ch 238; SL 1963, ch 277; SL 1974, ch 80; SL 1978, ch 68, § 1; SL 1982, ch 82, § 1; SL 1983, ch 68; SL 2016, ch 53, § 1.
9-47-2. Real property in adjoining states.
Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for waterworks purposes.
Source: SL 1917, ch 317; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).
9-47-3. Emergency contract for repair or replacement on complete failure of water supply.
Wherever, in any municipality, the emergency specified in § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in §§ 9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.
Any contract entered into as provided by this section shall be as binding, and have the same force and effect, as though the same were let in all particulars as provided by the laws of this state relating to contracts of municipalities.
Source: SL 1953, ch 269, §§ 1, 2; SDC Supp 1960, § 45.1404-1.
9-47-4. Contract for waterworks system--Maximum tax levy without approval by voters.
When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.
Source: SL 1901, ch 81, § 1; RPolC 1903, § 1520; SL 1913, ch 367; RC 1919, § 6394; SDC 1939, § 45.1904.
9-47-5. Special assessments.
If the expense in connection with the waterworks system is raised by special assessments, the assessments shall be levied and collected in the manner provided in chapter 9-43.
Source: RC 1919, § 6394; SDC 1939, § 45.1904; SL 2012, ch 57, § 97.
9-47-6. Connections from water main to lot line--Assessment.
Every municipality shall have power to regulate and provide for the laying of water connections from the city water mains to the lot line, and to assess the cost against the abutting property owner as provided by this title.
Source: SL 1890, ch 37, art V, § 1, subdiv 13; RPolC 1903, § 1229, subdiv 13; SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (85).
9-47-7. Repealed by SL 2012, ch 57, § 98.
9-47-8. Classification of water pipes and mains.
Water pipes or mains are classified as:
(1) A service pipe or main is one designed to supply water to the property abutting upon the particular street or way in which it is laid;
(2) A trunk pipe is one designed to supply water to the property abutting upon the street or way in which it is laid and to other pipes or mains in a defined district or portion of the municipality;
(3) A supply pipe or main is any pipe, ditch, flume, conduit, or other appliance designed to conduct a supply of water from its source to the municipality.
Source: RC 1919, §§ 6388 to 6391; SDC 1939, § 45.1901.
9-47-11, 9-47-12. Repealed by SL 2012, ch 57, §§ 99, 100.
9-47-16. Repealed by SL 2012, ch 57, § 101.
9-47-17. Acquisition of water mains in newly annexed area.
Every municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any water main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
Source: SL 1951, ch 239; SDC Supp 1960, § 45.0201 (108); SL 1974, ch 81; SL 1982, ch 83, § 1; SL 1992, ch 60, § 2.
9-47-18. Distance between water connections.
No more than one water connection shall be made for each platted lot or for each forty-four feet of frontage of unplatted ground in the residence section, and for each twenty-two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of water connections at a less number of feet.
Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.1906.
9-47-19. Repealed by SL 2012, ch 57, § 102.
9-47-20. Municipal artesian wells authorized.
Every municipality shall have power to establish and maintain artesian wells.
Source: SDC 1939, § 45.0201 (105).
9-47-21. Operation of irrigation system authorized--Special assessments--Election on water supply--Regulation of use of water.
Any municipality may operate and maintain a system of irrigation within the municipality. The municipality may assess the cost of the system against abutting or benefited property in the manner provided by chapter 9-43, if a connection with an irrigation water supply system is available. If such a connection is not available, the providing of a means of a water supply for irrigation shall be first authorized at a regular or special election. The municipality may regulate the distribution and use of water supplied for irrigation.
Source: SL 1923, ch 231; SDC 1939, § 45.0201 (80); SL 2012, ch 57, § 103.
9-47-22. Request for rural water system to provide water service by persons living within three miles of certain municipalities--Notification and election of municipality.
If a rural water system is requested after July 1, 1989, to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. Within sixty days from the receipt of such notice, the municipality may elect to provide water service to such person. If the municipality does not so elect, the rural water system may provide such service.
Source: SL 1989, ch 387, § 1.
9-47-23. Election of municipality to provide service after previously declining--Requirements of purchase.
If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to § 9-47-22, and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a thirty-year straight-line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of five percent of the gross revenues received from the sale of water service to such person during the five-year period. Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.
Source: SL 1989, ch 387, § 2; SL 1994, ch 72.
9-47-24. Election to provide service to persons being served by rural water system--Purchase of facilities.
If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be as set forth in § 9-47-23.
Source: SL 1989, ch 387, § 3.
9-47-25. Election to provide service to persons within extended areas as a result of annexation, consolidation, or incorporation.
If the three-mile area referred to in § 9-47-24 is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three-mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 9-47-23. The provisions of § 9-47-22 are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.
Source: SL 1989, ch 387, § 4.
9-47-26. Election to provide service to persons outside three-mile area.
If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to § 9-47-23.
Source: SL 1989, ch 387, § 5.
9-47-27. Certain matters negotiable for contract between parties.
The provisions of §§ 9-47-22 to 9-47-26, inclusive, do not prevent a municipality and a rural water system from contracting with each other relative to the transfer of customers, disposition, and sale of facilities and related matters on such terms and conditions as they may determine.
Source: SL 1989, ch 387, § 6.
9-47-28. Connection of plumbing fixtures to public water supply system--Purchase or lease of preexisting private wells by municipalities--Exemption of first class municipalities.
Each building in which plumbing fixtures are installed shall connect to a public water supply system if available. A public water system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, any preexisting private wells located within the municipality. The provisions of this section do not apply to municipalities of the first class . Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
Source: SL 1989, ch 80, § 1; SL 2000, ch 39, § 1.
9-47-29. Assessment of property for proportionate share of water line previously constructed--Apportionment among persons paying cost.
If a main, trunk, or service water line has been constructed and the cost has not been apportioned against property that may benefit as provided in this chapter or chapter 9-43, the governing body may require the owner of the property to pay the owner's proportionate share of the cost of construction, without interest, according to the benefits to accrue to the property, before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.
Source: SL 2016, ch 52, § 5.
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.
9-48-1. Classification of sewers.
Sewers are classified as follows:
(1) A service sewer is one designed to carry sewage or water from the property abutting upon the street or way in which it is laid into a trunk or main sewer, or into the sewer outlet, septic, or disposal plant;
(2) A trunk sewer is one designed to carry the sewage or water from any particular district or portion of the municipality as well as the sewage or water from property abutting upon the street or way in which it is laid, and of sufficient capacity to carry the sewage or water from the service sewers in the district or portion of the municipality in which it is laid, to the main sewer outlet, septic, or disposal plant;
(3) A main sewer is one designed to carry the entire sewage or water of a municipality or sewerage district to the sewer outlet, septic, or disposal plant;
(4) A sanitary sewer is one designed solely to carry sewage and wastes from buildings or structures;
(5) A storm sewer is one designed solely to carry storm or surface waters;
(6) A sewer which is not designated as either a storm sewer or sanitary sewer is one designed for use as a combined sanitary and storm sewer;
(7) The term sanitary sewer shall exclude drainage from roofs, sidewalks, roadways, streets, alleys, or other surface drainage.
Source: RC 1919, §§ 6368 to 6371; SDC 1939, § 45.1801; SL 1955, ch 209.
9-48-2. Authority to establish, construct, and maintain sewer systems--Separate fund.
Each municipality may:
(1) Establish, construct, and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits;
(2) Appropriate funds and levy taxes to accumulate funds for the purposes identified in this section;
(3) Establish sewer districts as provided by this title;
(4) Acquire any sewer, drain, or system of sewerage and drainage already established and constructed; and
(5) Acquire land within or without the municipality for a septic or sewage treatment plant or outlet to any main sewer and may assess the cost of the land and the cost of any necessary extension or connection of the main sewer to all the property within the sewer district benefited as provided by this title.
The proceeds of any taxes levied for the accumulation of funds under this section shall be placed in a separate fund which may not revert at the end of the fiscal year. The governing body shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to chapter 9-19.
Source: SL 1890, ch 37, art XX, § 2; RPolC 1903, § 1229, subdiv 13; SL 1909, ch 110, § 13; SL 1913, ch 119, § 53, subdiv 82; RC 1919, §§ 6169 (14), 6380; SDC 1939, § 45.0201 (84); SL 1974, ch 82; SL 1978, ch 68, § 2; SL 1982, ch 82, § 2; SL 2007, ch 43, § 1; SL 2016, ch 53, § 3.
9-48-3. Real property in adjoining state.
Every municipality shall have power to purchase, lease, own, and hold real property and easements therein in an adjoining state for sewerage purposes.
Source: SL 1917, ch 317; RC 1919, § 6169 (77); SDC 1939, § 45.0201 (82).
9-48-4. Sewer pipes on private property--Discharge of sewage into stream.
Every municipality may construct, maintain, or authorize the construction and maintenance of sewer pipes on private property or in or along any stream of water, or empty or discharge the sewage of the municipality into any stream of water within or without its limits, subject to the provisions of chapter 34A-2, if such can be done without creating any foul or noxious odors in the air over or along such stream.
Source: SL 1909, ch 50; RC 1919, § 6169 (15); SDC 1939, § 45.0201 (89); SL 1979, ch 18, § 1.
9-48-5. Acquisition of sewer mains in newly annexed area.
Every municipality shall have power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease or otherwise acquire from the owners thereof, or condemn under provision of subdivision 9-12-1(2), any sewer main or mains laid in, on or under any street or alley or otherwise located in any municipality, district or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
Source: SDC 1939, § 45.0201 (108) as added by SL 1951, ch 239; SL 1974, ch 83; SL 1982, ch 83, § 2; SL 1992, ch 60, § 2.
9-48-6. General obligation bonds for financing of sewers.
Every municipality may issue its general obligation bonds pursuant to chapter 9-26 for the purpose of financing the construction of sewers.
Source: SL 1921, ch 316; SDC 1939, § 45.0201 (86); SL 1984, ch 43, § 89.
9-48-7. Connections from sewers to lot line.
Any municipality may regulate and provide for the laying of sewer connections from the city trunk or service sewers, to the lot line. The municipality may assess the cost against the abutting property owner as provided by chapter 9-43.
Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.0201 (85); SL 2012, ch 57, § 104.
9-48-8 to 9-48-14. Repealed by SL 2012, ch 57, §§ 105 to 111.
9-48-15. Assessment of property for proportionate share of sewer previously constructed--Apportionment among persons paying cost.
If either a main, trunk, or service sewer has been constructed and the cost has not been apportioned against property that may benefit as provided by this chapter or chapter 9-43, the governing body may require the owner of the property to pay the owner's proportionate share of the cost of the construction, without interest, according to the benefits to accrue to the property before the property may be platted, replatted, or served by the facilities, as determined by the governing body. The governing body shall investigate and determine the amount to be paid. The amount shall be apportioned by the governing body among the persons, including the municipality, paying the appropriate cost.
Source: SDC 1939, § 45.1824 as enacted by SL 1965, ch 214; SL 2012, ch 57, § 112; SL 2016, ch 52, § 3.
9-48-16. Municipal purchase of private sewers.
If any person has constructed within any street or alley a private sewer that is wholly or partly within any district subsequently established as provided in this chapter, the municipality may purchase the sewer or any part of the sewer and assess the cost to the property fronting or abutting upon the sewer as provided in chapter 9-43.
Source: SL 1909, ch 110, § 16; RC 1919, § 6383; SDC 1939, § 45.1815; SL 2012, ch 57, § 113.
9-48-17. Plans, specifications and cost estimate filed before purchase of sewer--Resolution.
No purchase pursuant to § 9-48-16 shall be made until plans and specifications of the location, arrangement, form, and size, and material to be used in the construction of such sewer or sewers and an estimate of the cost of constructing the same at the time of making such estimate shall have been made and filed by the engineer or other competent person and a resolution providing for such purchase has become effective after notice and hearing thereon as provided in the case of a resolution to construct service sewers.
Source: SL 1909, ch 110, § 16; RC 1919, § 6383; SDC 1939, § 45.1815.
9-48-18. Property owners' protest against purchase of private sewer.
If the owners of a majority of the real property fronting or abutting on a sewer described in § 9-48-16 prior to such resolution becoming effective shall file a written protest against such purchase, the governing body shall not have power to purchase the same.
Source: SL 1909, ch 110, § 16; RC 1919, § 6383; SDC 1939, § 45.1815.
9-48-19. Repealed by SL 2012, ch 57, § 114.
9-48-20. Minimum distance between sewer connections.
No more than one sewer connection shall be made for each platted lot, or for each forty-four feet of frontage of unplatted ground, in the residence section, and for each twenty-two feet of frontage in the business section of the municipality, except when the abutting owner requests in writing the placing of sewer connections at a less number of feet.
Source: SL 1913, ch 119, § 53, subdiv 12; RC 1919, § 6357; SDC 1939, § 45.1818.
9-48-21 to 9-48-25. Repealed by SL 2012, ch 57, §§ 115 to 119.
9-48-26. Sewer utility charges established by ordinance, resolution, or with voters' approval.
Any municipality which has installed or plans to install sewer utilities for public use may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities, directly or indirectly. A municipality may also submit to the voters of the municipality at any general election or any special election called for such purpose the question of whether or not the municipality shall establish charges for the use of sewer utilities. If a majority of the voters voting upon the question vote in favor of the question, then the municipality may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities, directly or indirectly. For the purposes of this section the term, sewer utilities, means any main, trunk, and service sewers; sanitary and storm sewers; and septic or sewage treatment plants, drains, and manholes.
Source: SL 1949, ch 204, § 1; SDC Supp 1960, § 45.1820; SL 1973, ch 57; SL 1982, ch 84, § 1; SL 2007, ch 44, § 1
9-48-27. Factors considered in establishing sewer charges--Collection with water rentals.
Such charges shall be as nearly as may be in the judgment of the governing body equitable and in proportion to the services rendered and taking into consideration in the case of each such premises the quantity of sewage therein or thereby produced and its concentration, strength, or river pollution qualities in general, and, in the case of storm drainage, taking into consideration in the case of each premises the quantity of storm runoff and may use the square footage of impervious surfaces as a basis for charges or the total square footage weighted by the classification of existing land use or total square footage weighted by zoning designation or total square footage. Such charges may be collected at the same time, place, and in conjunction with the water rentals in any municipality owning and operating the municipal water supply system and distribution system.
Source: SL 1949, ch 204, § 2; SDC Supp 1960, § 45.1821; SL 1982, ch 84, § 2.
9-48-28. Metering of water supply to determine sewer charges--Consideration of water consumed without return to sewer system.
The metering of private water supplies produced or operated on premises served by public sewer utilities may be required. If the use or consumption of water on any premises is taken into consideration in determining the charge to be made for the use of sewer utilities serving the premises, the municipality shall consider the amount or proportion of water used on the premises that does not reach or burden the sewer utilities.
Source: SL 1949, ch 204, § 2; SDC Supp 1960, § 45,1821; SL 1982, ch 84, § 3; SL 2000, ch 40, § 1.
9-48-29. Sewer charges and rentals kept in separate fund--Limit on accumulation--Use of fund.
Any funds, fees, rentals, charges, or rates collected under the authority of §§ 9-48-26 to 9-48-28, inclusive, shall be remitted to the finance officer by the officer charged with their collection at least once each month and shall be kept in a separate fund to be known as the sewer rental fund. Such fund shall be used for the purpose of paying the cost of financing the operation, maintenance or construction of the sewer utilities. However, no part of such fund may be used to meet the cost of construction of lateral sewers serving local territory or the portion of the cost of sewer utilities which have been financed by special assessment against benefited properties. Surplus funds may be transferred in the manner described in chapter 9-21.
Source: SL 1949, ch 204, § 3; SDC Supp 1960, § 45.1822; SL 1982, ch 84, § 4; SL 1985, ch 67; SL 1993, ch 73, § 3.
9-48-30. Special contract powers unimpaired.
Nothing contained in §§ 9-48-26 to 9-48-29, inclusive, shall be construed to limit or restrict the power of municipalities to contract as granted by § 9-48-32, and any contract heretofore or hereafter entered into under such power shall be in lieu of any fees, rates, rentals, or charges established under §§ 9-48-26 to 9-48-29, inclusive.
Source: SL 1949, ch 204, § 4; SL 1953, ch 261; SDC Supp 1960, § 45.1823.
9-48-31. Revenue bond authority unimpaired by provisions as to sewer charges and rentals.
Nothing contained in §§ 9-48-26 to 9-48-29, inclusive, shall be construed to limit or restrict the power of municipalities to establish, equip, maintain, operate, extend, or improve water and sewer systems or combined water and sewer systems in the manner provided in chapter 9-40, and any statutes heretofore or hereafter enacted amendatory thereof and supplemental thereof, and to fix, impose, and collect rents and charges for the service of such utility systems, and to issue revenue bonds and make the same payable from the revenues provided by such rates and charges, and to provide lawful stipulations and covenants for the security of such bonds. The procedural requirements in chapter 9-40 shall constitute the only conditions prerequisite to the carrying out of such undertakings, the issuance of such bonds and the fixing and collection of such rates and charges. The moneys derived from such rates and charges may be used and accounted for in accordance with the provisions of chapter 9-40, and are not subject to the limitations of §§ 9-48-26 to 9-48-29, inclusive.
Source: SDC Supp, § 45.1823 as added by SL 1953, ch 261; SL 1980, ch 26, § 21.
9-48-32. Special contract for disposing of private sewage or industrial waste through municipal sewage treatment plant.
A municipality where a sewage treatment or septic plant is maintained may enter into a contract to connect to the plant for the purpose of treating or disposing of private sewage or industrial waste originating within the municipality or within ten miles of the corporate limits of the municipality, if the plant has the capacity to handle the sewage or industrial waste.
Source: SL 1931, ch 190, § 1; SDC 1939, § 45.1811; SL 1945, ch 204; SL 1993, ch 75.
9-48-32.1. Sewer utility rates and charges for recovery of capital costs--Intergovernmental cooperation.
Notwithstanding any other provision in this chapter, any municipality, sanitary district, other political subdivision of this state, or any combination thereof which maintains, has installed, or plans to install sewer utilities for public use may establish, by ordinance or resolution, fair and equitable rates and charges for sewer utilities to be paid by the users of the sewer utilities and others connected thereto. The rates and charges may be established to recover past capital costs and pay for the capital costs of developing new capacity. For the purposes of this section, the term, capital costs, includes:
(1) Costs of construction or expansion of infrastructure that is necessary to serve a new development, including the design, surveying, engineering, environmental, and other professional fees that are directly related to the construction or expansion of the sewer utility;
(2) Land acquisition costs including the purchase of interest in land, any court award or settlement, appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition;
(3) Debt service;
(4) Rate of return including a risk premium for any potential default; and
(5) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees.
The rates and charges may be assessed separately or added to other rates established pursuant to this chapter. Two or more municipalities, sanitary districts, political subdivisions of this state, or any combination thereof, may enter into an agreement or contract with each other, or otherwise enter into an agreement as permitted by law, for the provision of sewer utilities. For the purposes of this section, the term, sewer utility, means any main, trunk, service sewer, sanitary and storm sewer, and septic or treatment facility, drain, pumping station, lift station, interceptor, force main, manhole, flow equalization structure, and any other equipment, material, and facility related thereto.
Source: SL 2013, ch 40, § 1.
9-48-33 to 9-48-52. Repealed by SL 2012, ch 57, §§ 120 to 139.
9-48-53. Connection of plumbing fixtures to public water sewer system--Purchase or lease of preexisting private sewers--Exemption of first class municipalities.
Each building in which plumbing fixtures are installed shall connect to a public water sewer system if available. A public sewer system is available to a premise used for human occupancy if the property line of the premise is within two hundred feet of the system. A municipality may purchase, lease with purchase option, lease, or otherwise acquire from the owners, or condemn pursuant to subdivision 9-12-1(2), any preexisting private sewers located within the municipality. The provisions of this section do not apply to municipalities of the first class. Nothing in this section requires any municipality to provide any municipal service outside of its municipal boundaries.
Source: SL 1989, ch 80, § 2; SL 2000, ch 39, § 2.
9-49-1 to 9-49-4. Repealed.
9-49-1 to 9-49-4. Repealed by SL 2012, ch 57, §§ 140 to 143.
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.
9-51-18. Bondholders have no right to compel tax levy or appropriation.
No purchaser or holder of any bond issued under § 9-51-13 shall ever have any right to compel the exercise of any taxing powers of the municipality or the appropriation of any of its funds or moneys save and except as set forth in the ordinance of the municipality authorizing the issuance of such bonds and as provided in §§ 9-51-13 to 9-51-21, inclusive.
Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05.
9-51-19. Additional bonds if original issue insufficient--Junior to prior issues unless other provision made.
Should the governing body find that the proceeds from any bonds issued under § 9-51-13, by reason of error of calculation or otherwise, will be insufficient to accomplish the purpose desired, additional bonds may be authorized, issued and disposed of under the procedure provided in §§ 9-51-13 to 9-51-18, inclusive, but such additional issues shall be junior to all prior issues, unless provision shall have been made in the ordinance setting forth the covenants and agreements of the municipality with the holders of the original bonds for the issuance of such additional bonds on a parity therewith.
Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05.
9-51-21. Revenue bonds not municipal indebtedness.
No bonds issued under §§ 9-51-13 to 9-51-19, inclusive, constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the bonds set forth, or set forth in the ordinance authorizing the bonds to the contrary notwithstanding.
Source: SL 1955, ch 216, § 5; SDC Supp 1960, § 45.02A05; SL 1984, ch 43, § 93.
9-51-22. General obligation bonds authorized for parking facilities.
Any municipality may issue bonds for the acquisition, construction, or improvement of automobile parking facilities. All bonds shall be authorized, issued, and sold as provided in chapter 9-26, and shall in all respects be governed by that chapter except as otherwise provided in §§ 9-51-22 to 9-51-28, inclusive.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06; SL 1984, ch 43, § 94.
9-51-23. Net revenues pledged to payment of special obligation bonds--Additional covenants authorized.
Bonds authorized and issued under §§ 9-51-22 to 9-51-28, inclusive, may be made payable as to both principal and interest out of the net revenues or moneys levied and appropriated as set forth in § 9-51-14, provided that in the ordinance authorizing such bonds the governing body may on behalf of the municipality make any or all of the irrevocable covenants in §§ 9-51-24 to 9-51-28, inclusive, with and for the benefit of the holders from time to time of said bonds.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06.
9-51-24. Agreement by municipality to levy property tax--Indebtedness within constitutional limitation--Levy of irrepealable tax--Maximum levy.
The municipality may agree to pay any part of the principal and interest on said bonds by ad valorem taxation on all property within the municipality. Such part of the principal as the municipality shall so agree to pay shall be a general obligation indebtedness of the municipality and shall not, together with other indebtedness as of the date of issue of the bonds, exceed any constitutional limitation. In computing the municipality's indebtedness at any time after issuance of the bonds, the same fraction of the principal amount of the bonds then outstanding, less an equal fraction of any moneys in the revenue fund as set up in the ordinance, shall be included. Before delivery of the bonds the governing body shall by ordinance levy and cause to be certified to the county auditor a direct, annual, irrepealable, ad valorem tax to be spread upon the tax rolls in amounts sufficient to pay the proportionate part of each installment of principal and interest as the same matures. Said tax may not exceed the part of principal and interest so payable by more than five percent, but shall not be subject to any other tax levy limitation provided by law. The levy of taxes or assumption of payments of a part of principal and interest requirements in excess of the limitations herein shall be invalid only as to such excess.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (1).
9-51-25. Agreement to levy tax to cover deficiency--Levy notwithstanding omission of covenant--Levy in anticipation of deficiency--Maximum levy.
The municipality may agree that in the event of a deficiency in the revenue fund as set up in the ordinance, the governing body shall levy an ad valorem tax upon all the taxable property within the municipality in such amount as may be necessary to pay such deficiency. Such covenant may be limited to the levy of a tax for the payment of any deficiency existing at the maturity of the last outstanding bond, or may provide for the levy of such tax whenever any amount of principal and interest shall become due and the moneys in said revenue fund shall be insufficient to pay the same. Notwithstanding the omission of such covenants in the ordinance authorizing the bonds, or the limitation of the same to payment of a deficiency at the maturity of the last outstanding bond, the governing body may levy such tax upon the occurrence of any deficiency and may also levy such tax in anticipation of any deficiency for the purpose of paying the next maturing principal and interest. Taxes levied pursuant hereto shall not exceed by more than five percent the deficiency or estimated deficiency for which they are levied, but shall not be subject to any other tax levy limitation provided by law. Levies in excess of the limitations herein shall be invalid only as to such excess.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (2).
9-51-26. Agreement to levy tax when bonds due--Certification to county auditor.
The municipality may agree, prior to the issuance or delivery of any bonds, to levy by ordinance an annual ad valorem tax upon all the taxable property within the municipality in such amount as will pay the annual interest thereon and the principal of said bonds at the time the same become due. Within thirty days after the adoption and publication of said ordinance, the auditor or clerk shall transmit to the county auditor a certified copy thereof.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (3).
9-51-27. Spread of tax against taxable property within municipality--Certification to auditor of more than one county.
Upon transmittal to the county auditor of the certified copy pursuant to § 9-51-26, the county auditor shall spread the tax levied in said ordinance upon all of the taxable property within the municipality at the same time that the other general taxes are spread upon the tax records in his office, and he shall continue so to do from year to year except as hereinafter provided until the provisions of the tax levy in said ordinance are complied with. When any municipality issuing bonds is located within more than one county a copy of the tax levy ordinance shall be certified to the auditor of each such county, who shall spread each annual levy upon all of the taxable property in the municipality and in his county, in such proportion as the assessed valuation of such property bears to the total assessed valuation of taxable property within the municipality.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (3).
9-51-28. Tax proceeds placed in debt service fund--Transfers from revenue fund to debt service fund--Reduction of tax levy.
All taxes levied pursuant to § 9-51-26 when collected shall be placed in a special debt service fund and no part thereof shall be used for any purpose other than to pay the interest and principal of the bonds for which they were levied and collected; provided, that all moneys in the revenue fund set up in the ordinance authorizing the issuance of the bonds shall, from time to time, be transferred and irrevocably appropriated to said debt service fund and the governing body shall cause the amount so transferred to be certified to the county auditor and the total of the moneys so transferred and irrevocably appropriated shall be used and applied to reduce and eliminate the taxes theretofore levied and next thereafter to be spread upon the tax rolls.
Source: SL 1955, ch 216, § 6; SDC Supp 1960, § 45.02A06 (3).
9-51-30. Covenants and stipulations for administration of parking facilities and security of bondholders--Bondholders' right to compel performance--Lien not granted.
The resolution or ordinance authorizing the bonds as provided in §§ 9-51-13 to 9-51-28, inclusive, may contain any reasonable and lawful covenants and stipulations for the proper operation and maintenance of the automobile parking facilities, for the administration of and the accounting for the income and revenues, and for the security of the bondholders, and the holder of any bond issued as provided in §§ 9-51-13 to 9-51-28, inclusive, may compel by appropriate court action the performance thereof, whether or not his bond is in default. No mortgage or other lien on any automobile parking facilities may be given to secure any bonds issued under said sections.
Source: SL 1955, ch 216, § 7; SDC Supp 1960, § 45.02A07; SL 1984, ch 43, § 95.
9-51-32. Lease of municipally owned parking facilities--Regulation of rates--Improvements by lessee--Publication of terms of lease.
The governing body of any municipality providing automobile parking facilities may make such other provisions for their operation and management as it may deem necessary and it may lease or rent for a term of years, not exceeding forty, any or all off-street facilities to persons, firms, or corporations to be used for purposes of automobile parking and fix the rentals to be charged therefor, and when so leased the governing body shall regulate the rates and charges to be exacted for services so provided. Such lease may require the lessee to make improvements which may become the property of the municipality upon the completion thereof or upon the expiration or termination of the lease. Provided, however, that the terms of any lease or rental agreement must be published in the official newspaper of the municipality once a week for at least two successive weeks, prior to entering into such lease or rental agreement by the governing body of the municipality.
Source: SL 1955, ch 216, § 9; SDC Supp 1960, § 45.02A09; SL 1972, ch 28, § 10.
9-51-33. Operating management contracts for municipally owned parking facilities.
The governing body may, in the alternative, employ any person, firm, or corporation as operating manager and agent for the municipality to operate and maintain any automobile parking facility or facilities in behalf of the municipality under a contract defining the terms of such employment.
Source: SL 1955, ch 216, § 9; SDC Supp 1960, § 45.02A09.
9-51-34. Financing law alternative and independent of other laws.
The powers conferred in §§ 9-51-9 to 9-51-33, inclusive, shall be in addition and alternative to the powers conferred by any other law and said sections shall be construed as complete and independent and may be used notwithstanding and without reference to or limitation by any other laws relating to on-street or off-street parking lots and areas or facilities or the revenues obtained therefrom including §§ 9-51-2 to 9-51-8, inclusive.
Source: SL 1955, ch 216, § 11; SDC Supp 1960, § 45.02A11.
9-51-35. Parking district law--Definition of terms.
Terms as used in §§ 9-51-35 to 9-51-49, inclusive, unless the context otherwise plainly requires, shall mean:
(1) "Public parking facility" shall mean real estate acquired by gift, purchase, by contract for deed or otherwise, lease, or for the purpose of providing space for parking vehicles, and all improvements thereon including the surfacing of such lots and shall further include the erection or improvement of parking ramps, structures, buildings or other off-street parking areas thereon, including areas above, at, or below street level for the parking of vehicles;
(2) "Privately owned property" shall mean all real property, except that property upon which is situated a one-family or two-family dwelling and which is used only for residential purposes which residential property shall be exempt from assessment;
(3) "Governing body" shall mean the governing body of a municipal corporation;
(4) "Public parking facility fund" shall mean a fund established for the placing of all receipts from all assessments and revenues and disbursements therefrom under the provisions of §§ 9-51-35 to 9-51-49, inclusive.
Source: SL 1967, ch 231, § 2.
9-51-36. Acquisition, improvement and maintenance of parking facilities authorized--Additional to other powers.
In addition to and not to the exclusion of any power granted to it by any law now in effect or hereafter enacted, any municipal corporation may provide for the acquisition, improvement, and maintenance of sites as public parking facilities in conformity to §§ 9-51-35 to 9-51-49, inclusive.
Source: SL 1967, ch 231, § 1.
9-51-37 to 9-51-47.1. Repealed by SL 2012, ch 57, §§ 145 to 156.
9-51-48. Municipal and parking meter funds used to maintain parking facilities.
The municipality may maintain public parking facilities constructed under §§ 9-51-35 to 9-51-49, inclusive, either partially or wholly from the general fund or parking meter fund duly appropriated.
Source: SL 1967, ch 231, § 12.
9-51-49. Charges for use of parking facilities--Public parking facility fund--Application of fund.
The governing body by resolution may impose and collect reasonable charges for the use of public parking facilities constructed under the provisions of §§ 9-51-35 to 9-51-49, inclusive. The money so received shall be deposited in the municipal treasury to the credit of the public parking facility fund and applied, in order, to the following purposes exclusively:
(1) The payment of necessary expenses of maintaining, insuring and repairing such parking facilities;
(2) Annually on the first day of January of each year, the balance remaining to the credit of such parking facility shall be applied to the payment of the principal and interest of the cost of acquiring and improving the public parking facility and the retirement of any bonds issued therefor as soon as said bonds are callable;
(3) At such time that all indebtedness, including bonds issued for the improvement of the parking facility, have been paid in full and any and all other indebtedness owed for the acquiring and maintaining of the public parking facility have been paid in full, the balance of said fund shall be retained in the public parking facility fund where it may be used only for the purpose of acquiring or improving public parking facilities within the parking district. Providing, however, that any municipality having a parking meter fund for purchase and development of parking lots, may by written consent by the then owners of fifty-five percent of the total assessed valuation of the privately owned property within the benefit district, deposit said balance in such parking meter fund and use the same for purchase and development of other parking lots or facilities within the municipality. No part of such money shall be deposited or credited to the general fund.
Source: SL 1967, ch 231, § 11.
9-51-50. Repealed by SL 2012, ch 57, § 157.
9-51-51. Discontinuance or diversion of use of parking facilities--Contracts and covenants to be honored--Referendum.
The governing body of any municipality may discontinue or use for another purpose any parking lot or area or off-street parking facility heretofore or hereafter acquired upon resolution of the governing body. No such discontinuance or diversion of its use shall be made if prohibited by any contract provision or bond covenant binding upon the municipality. Such resolution shall be subject to referendum as provided by law.
Source: SL 1966, ch 148.
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.
9-52-1. Power to construct, operate, and maintain auditorium.
Every municipality shall have power to construct, operate, and maintain an auditorium.
Source: SL 1917, ch 310, § 1; RC 1919, § 6169 (26); SDC 1939, § 45.0201 (15).
9-52-1.1. Lease of auditorium or convention center--Terms--Rent.
A municipality, in order to establish a municipal auditorium or convention center as defined and empowered by law, shall have the power to enter into a long-term lease, for a term not to exceed thirty years, with or without an option to renew or purchase, for the acquisition of such facilities. Such lease may be on both real and personal property, or either exclusively, and may cover the structure, site and contents, or structure and contents only, with or without furniture and equipment and may provide for erection of the structure upon a site owned by the municipality. A lease may be entered into for an existing building or for one to be erected in the future. Rent paid under the terms of the lease may be paid from the general funds of the municipality or may be paid from any fund established for maintenance of such a facility or construction of same by the municipality.
Source: SL 1972, ch 53; SL 1980, ch 72.
9-52-2. Power to create auditorium board.
Every municipality may create an appointive board for the purpose of managing municipal auditoriums and to provide by ordinance the number, the qualifications, mode of appointment, tenure of office, compensation, powers, duties of, and rules and regulations governing such board.
Source: SL 1955, ch 197; SDC Supp 1960, § 45.0201 (109); SL 1992, ch 67; SL 1995, ch 49, § 16.
9-52-3. Auditorium revenue bonds authorized--Purposes for which proceeds used.
Any municipality may issue revenue bonds to provide funds for the purpose of acquiring a municipal auditorium, or for the purpose of improving an existing auditorium, or for the purpose of refunding outstanding revenue bonds issued under the provisions of this chapter.
Source: SL 1951, ch 246, § 1; SDC Supp 1960, § 45.24B01; SL 1984, ch 43, § 96.
9-52-4. Authorization, issuance and sale of bonds--Vote required.
All bonds shall be authorized, issued, and sold as provided in chapter 6-8B, if a majority of the registered voters voting at the bond election vote to authorize the bond issue.
Source: SL 1951, ch 246, § 1; SDC Supp 1960, § 45.24B01; SL 1984, ch 43, § 97.
9-52-5. Municipal indebtedness not authorized by chapter.
Nothing contained in this chapter shall be deemed to authorize the incurring by any municipality of indebtedness within the meaning of any constitutional or statutory limitation upon municipal indebtedness.
Source: SL 1951, ch 246, § 10; SDC Supp 1960, § 45.24B10.
9-52-6. Revenue bonds payable solely from auditorium revenues--Credit and taxing powers not pledged.
Revenue bonds issued under this chapter shall be payable solely from the net revenue derived from and traceable to properties acquired by the expenditure of the proceeds of revenue bonds, or of bonds refunded thereby, as fixed and determined by the governing body in accordance with the provisions of this chapter, and the credit and taxing powers of the municipality shall not be pledged for the payment thereof, and the bondholders shall have no right to compel the appropriation of any of the municipality's other funds, money, or property for the payment of the principal thereof or interest thereon.
Source: SL 1951, ch 246, § 1; SDC Supp 1960, § 45.24B01.
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.
Prior to delivery of any such bonds the governing body shall by the resolutions adopted under § 9-52-3 create a special fund and appropriate and pledge thereto all gross receipts in respect of rentals, fees, licenses, and other charges however designated, imposed by the municipality for the use or occupancy of the auditorium premises and of any future additions and betterments thereto or for admission of individuals to the same or any part thereof, and from said fund shall be paid as incurred and allowed all normal, reasonable, and current expenses of the operation and maintenance of the premises, and the net revenues remaining in said fund from time to time after payments of such expenses shall be pledged and appropriated to a separate account to the extent necessary for payment of the principal of and interest on the bonds and maintenance of such reserve securing said payments as shall be covenanted and agreed with the purchaser and holders of said bonds.
Source: SL 1951, ch 246, § 2; SDC Supp 1960, § 45.24B02.
9-52-9. Covenants and agreements with bondholders for administration and security of bonds--Bondholders' right to compel performance.
In and by the resolutions authorizing revenue bonds the governing body shall also have the power to make and enter into on the part of the municipality covenants and agreements with the purchasers and holders thereof from time to time concerning minimum rentals and charges, continuance of ownership and proper operation and maintenance of the auditorium, administration, application, and investment of and accounting for the revenues thereof and the proceeds of the bonds, insurance on auditorium properties and bonds of employees, relative priorities of lien of outstanding and future bonds upon the net revenues, refunding of bonds, and the enforcement of bondholders' rights, and any other lawful stipulations and covenants which the governing body deems suitable for the security of the bondholders or to reduce the interest cost on the bonds, and the holder of any bond issued hereunder shall have the right to compel by appropriate court action the performance thereof, whether or not his bond is then in default.
Source: SL 1951, ch 246, § 3; SDC Supp 1960, § 45.24B03.
9-52-11. Findings and determinations as binding covenants.
The findings and determinations herein authorized shall constitute binding representations, recitals, and covenants of each municipality issuing revenue bonds hereunder to and with the purchasers and holders of all such bonds.
Source: SL 1951, ch 246, § 2; SDC Supp 1960, § 45.24B02.
9-52-12. Reference to authorizing resolutions for matters not covered in bonds--Negotiability.
Bonds issued pursuant to this chapter may refer to the authorizing resolution or resolutions 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 resolutions.
Source: SL 1951, ch 246, § 6; SDC Supp 1960, § 45.24B06; SL 1984, ch 43, § 98.
9-52-15. Bondholders' statutory mortgage on auditorium property--Enforcement of lien and compelling performance of duties.
There shall be a statutory mortgage lien upon all properties acquired by any municipality for auditorium purposes by the use of the proceeds of revenue bonds issued under the provisions of this chapter, and all additions and improvements thereto financed out of the earnings of the auditorium or by the issuance of revenue bonds, in favor of and for the benefit of the lawful holders of all revenue bonds issued pursuant hereto, but no such lien shall attach to or become a charge upon or against any other property of the municipality by whatever means or funds acquired. Said properties shall remain subject to such statutory mortgage lien until the payment in full of the principal and interest of all revenue bonds issued pursuant to this chapter. Any holder of said bonds or of any coupons thereto attached may by proper proceeding either at law or in equity protect and enforce said lien and compel performance of all duties required by this chapter.
Source: SL 1951, ch 246, § 4; SDC Supp 1960, § 45.24B04.
9-52-16. Admission charges and auditorium rentals--Adequacy for expenses, return on municipal investment and retirement of bonds.
The governing body of each municipality issuing bonds under this chapter shall have the authority, and it shall be its duty, to establish and collect reasonable charges for the admission of all persons to the auditorium premises for the purpose of use of any of the facilities of the auditorium and for attendance at or participation in any recreational, athletic, or educational activities or exhibitions conducted by the municipality or any board or department thereof, or for any other purpose except operation and maintenance of the premises and activities necessary to the functioning of the municipal government, and shall also have the authority and duty to establish and collect reasonable rentals for all use and occupancy and reservation for use or occupancy of the premises and any part thereof, for any purpose, by any person, firm, or public or private corporation other than the municipality itself, whether or not such person, firm, or corporation shall charge for admission of individuals to the premises when so rented. Such rentals and charges shall be fixed according to schedules, and shall be revised when necessary, so as to produce gross revenues at all times sufficient for current operation and maintenance of the auditorium and payment of a reasonable return to the municipality on any investment of general funds therein, and to produce net revenues sufficient for prompt payment of all outstanding revenue bonds and interest and creation and maintenance of agreed reserves.
Source: SL 1951, ch 246, § 3; SDC Supp 1960, § 45.24B03.
9-52-17. Operation for purpose of profit prohibited.
Municipalities shall not be authorized to operate revenue-producing enterprises of the nature described in this chapter for the purpose of profit or return greater than necessary to pay the cost of acquisition, improvement, operation, and maintenance thereof and interest on money borrowed or advanced from general funds for such purposes.
Source: SL 1951, ch 246, § 2; SDC Supp 1960, § 45.24B02.
9-52-18. Municipality and board exempt from liability for negligence of officers and employees--Employees' rights preserved.
No action shall lie against any municipality or its governing body or auditorium board to recover for injuries sustained by any person through the negligence of municipal officers or employees while engaged in the operation of a municipal auditorium; provided, that nothing herein contained shall prevent any employee of the municipality or auditorium from maintaining an action to recover damages for injuries received in the course of his employment.
Source: SL 1951, ch 246, § 9; SDC Supp 1960, § 45.24B09.
9-52-23. General powers of auditorium board--Copies of board proceedings as evidence.
The board shall have power to contract for supplies and services necessary to the operation and maintenance of the auditorium, and for the rental of the same or any part thereof; to fix and collect rentals and charges for admission; to schedule and determine priorities among activities proposed to be conducted in the auditorium; to allow claims for supplies and services necessary to the operation and maintenance of the auditorium; and to do all other things necessary and proper, to assure the maximum use of the auditorium for the general welfare of the municipality and its inhabitants and industries, and the sufficiency of the revenues thereof for the payment of all proper charges thereon. Copies of proceedings of the board, certified by its appointed secretary, shall be competent as evidence in any legal action or proceedings.
Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
9-52-24. Custody and disbursement of auditorium funds--Petty cash fund.
All funds pertaining to the auditorium shall be placed in the custody of the municipal treasurer, and shall be expended only upon warrants drawn by the municipal auditor or clerk on said treasurer, pursuant to allowance by the auditorium board of duly verified claims; provided, that a petty cash fund may be maintained in such amount and for such expenditures and in the custody of such officer or employee as the board shall determine. A verified account of expenditures from such fund shall be submitted monthly to the board, which may thereupon authorize issuance of a warrant covering such expenditures.
Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
9-52-25. Annual report by auditorium board to governing body--Records subject to inspection.
The auditorium board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control, and its records, books, papers, and accounts shall at all reasonable times be subject to inspection by the executive officer, auditor, or clerk of the municipality, or any committee appointed by the governing body for that purpose, or any citizen.
Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
9-52-26. Auditorium board governed by terms of bonds and resolutions.
All actions of the board shall at all times be governed by and subject to all covenants, agreements and limitations contained in the resolutions of the governing body authorizing outstanding revenue bonds, and such resolutions may reserve to the governing body the exercise or supervision of the exercise of any of the powers granted and referred to in §§ 9-52-23 to 9-52-25, inclusive; or such resolutions may define the limitations within which such powers shall be exercised by the auditorium board.
Source: SL 1951, ch 246, § 8; SDC Supp 1960, § 45.24B08.
9-52-27. Receivership on default in bonds or dissipation of auditorium assets--Powers of receiver--Termination of receivership.
If there be any default in the payment of the principal of or interest on any bonds issued pursuant to this chapter, or a breach of any other condition thereof materially affecting the rights of any bondholder and continuing for not less than three months, or if the revenues from such auditorium be dissipated, wasted, or diverted from their proper application to the payment of said bonds and to the operation and maintenance of said auditorium, any court having jurisdiction of the action, in a proper suit commenced by either a resident taxpayer of the municipality whose rights may have been or may be affected, injured or lost thereby, or by any bondholder similarly affected, may appoint a receiver to administer said auditorium on behalf of the municipality and the bondholders, with power to impose and collect rentals and charges sufficient to provide for the payment of the operating expenses and of said bonds and interest, and to apply the income and revenues thereof in conformity with this chapter and with the resolutions authorizing said bonds. When and if such default or breach be made good through the operation of the auditorium by such receiver, then said auditorium and control thereof shall be restored to the proper municipal authorities by court order.
Source: SL 1951, ch 246, § 4; SDC Supp 1960, § 45.24B04.
9-52-28. Severability of chapter and resolutions.
If any provision of this chapter, or of any resolution or resolutions authorizing the issuance of bonds pursuant to this chapter, or the application thereof to any person or circumstances, shall be held invalid in any legal proceedings, such invalidity shall not affect other provisions or applications of this chapter or of such resolutions which can be given effect without the invalid provision or application, and shall not affect the validity of such bonds as special and limited obligations of the municipality issuing the same, and to this end all such resolutions shall be subject to all of the provisions and limitations of this chapter, and the provisions and applications of this chapter are declared to be severable.
Source: SL 1951, ch 246, § 10; SDC Supp 1960, § 45.24B10.
9-52-29. Sale and lease-back arrangements--Tax exemption.
The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to and in the manner provided by §§ 5-12-15, 5-12-19, 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale and lease-back of land, improvements and capital equipment for the municipality's auditorium or convention center and all related facilities, except that the proceeds of sale of any such facility are subject to § 6-13-8. All land, improvements and capital equipment owned or being leased or acquired by the municipality pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract shall constitute a separate class of property which is exempt from all taxation.
Source: SL 1984, ch 63, § 1; SL 1985, ch 68; SL 1988, ch 64, §§ 8, 54; SL 1989, ch 30, § 25.
9-52-30. Sale and lease-back arrangements--Validation of prior actions.
All ordinances, resolutions, and other actions and proceedings adopted before June 12, 1984, and taken by the governing body of a municipality with respect to an existing auditorium or convention center and related facilities in the exercise of the powers granted by §§ 9-52-29 to 9-52-31, inclusive, and all purchase, sale, lease, and other agreements authorized thereby, are hereby validated and confirmed, and such agreements may be executed, delivered, and performed.
Source: SL 1984, ch 63, § 2.
9-52-31. Sale and lease-back arrangements--Powers additional.
The powers conferred by §§ 9-52-29 to 9-52-31, inclusive, are in addition to all other powers conferred upon the governing body of any such municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restrictions or procedural requirements prescribed by any other law.
Source: SL 1984, ch 63, § 3.
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.
9-53-1. Definition of terms.
Terms as used in this chapter, unless the context otherwise plainly requires, shall mean:
(1) "Public convention hall" shall mean a real estate site and building, structure, or edifice which may be used by the general public or portions of the public for the purposes of meetings, discussions, conventions, shows, displays, amusements, and any other public purpose;
(2) "Privately owned property" shall mean all real property, except that property upon which is situated a one-family or two-family dwelling and which is used only for residential purposes which residential property shall be exempt from assessment;
(3) "Governing body" shall mean the governing body of a municipal corporation;
(4) "Convention hall fund" shall mean a fund established for the placing of all receipts from all assessments and revenues and disbursements therefrom under the provisions of this chapter.
Source: SL 1967, ch 230, § 2.
9-53-2. Municipal power to acquire, build, improve and maintain convention halls.
In addition to and not to the exclusion of any power granted to it by any law now in effect or hereafter enacted, any municipal corporation may provide for the acquisition of sites, building or improvement, and maintenance of a public convention hall as defined in this chapter and in conformity to this chapter.
Source: SL 1967, ch 230, § 1.
9-53-3. Establishment of benefit district--Assessment of costs against property.
The governing body of a municipality shall have the power to establish a district for the acquisition of sites, building of a public convention hall or for the improving of an existing public convention hall, to establish the boundaries of such district, and to assess all or any part of the cost of acquisition and improvement and building of a public convention hall against the privately owned property within the district so created.
Source: SL 1967, ch 230, § 3.
9-53-4. Feasibility survey conducted prior to establishment of district.
Prior to the establishment of any benefit district for the acquiring or improving of a public convention hall, the governing body shall cause to be conducted a survey and investigation of the feasibility of such proposed district. Such survey shall include a determination of the desirability of the proposed location of such convention hall, the approximate cost to acquire a site and to make the proposed improvement, the area to be included within such district, the assessed valuation of the privately owned property subject to assessment in such proposed district, the necessity for the creation of such a district, and such other matters as the governing body deems necessary to properly consider the necessity for such a district and the financial feasibility of its creation.
Source: SL 1967, ch 230, § 4.
9-53-5. Plat showing district boundaries and location of hall.
The governing body shall also cause to be prepared and filed with the city auditor or town clerk a plat showing the exterior boundaries of the proposed benefit district and the location of the public convention hall.
Source: SL 1967, ch 230, § 4.
9-53-6. Schedule of cost estimates and financing plan.
In addition to complying with §§ 9-53-4 and 9-53-5, the governing body shall cause to be prepared and filed with the city auditor or town clerk schedules showing the following:
(1) A description of such facility and the equipping and furnishing thereof;
(2) An estimate of the cost to acquire and improve the same;
(3) An estimate of the annual cost to maintain such facility;
(4) An estimate of the proposed rentals to be charged for the use of the convention hall by the public, and the estimated annual revenue to be derived from the use thereof;
(5) A proposed method for financing the acquisition of the site, and building or improvement of the public convention hall and an estimate of the total cost of the project, including the percentage of all costs which will be assessed against the privately owned property within the benefit district and the percentages of costs to be paid by the municipality from other sources, describing each source.
Source: SL 1967, ch 230, § 4.
9-53-7. Preparation and filing of proposed resolution of necessity--Contents.
The governing body shall consider the survey and investigation and the plat and schedules prepared for such public convention hall. If it appears to the governing body that there is a public need for such a facility; that there is sufficient privately owned properties situated in such proposed district, and estimated revenue from such facility and that the plan to finance the acquisition and construction as well as the maintenance of the public convention hall is financially feasible, it shall prepare and file in the office of the city auditor or town clerk a proposed resolution of necessity which shall describe the benefit district for the purpose of assessment, declaring the acquiring of a site, building or improvement of a public convention hall a necessity, describe the location of the proposed public convention hall and a general description of the construction to be placed thereon, the estimated cost to acquire and improve such public convention hall, and the estimated annual cost of maintaining such public convention hall, state either that all or what cost of the public convention hall is to be paid by special assessment and what portion is expected to be paid from the revenue to be derived from the public convention hall, shall state that the cost to be assessed shall be apportioned according to the benefits to accrue to each lot or tract as determined by the governing body, and shall state that a plat and schedule are on file in the office of the city auditor or the town clerk giving further details of the proposed project.
Source: SL 1967, ch 230, § 5.
9-53-8. Costs of preliminary papers and resolution.
The survey, investigation, plats, schedules, and resolutions shall be prepared by municipal employees, officers, or such other persons or experts as the governing body shall deem necessary and the cost thereof shall be included as a part of the cost of the public convention hall, if one is subsequently acquired, or may be paid for from the general fund after being duly appropriated.
Source: SL 1967, ch 230, § 6.
9-53-9. Mailing of notice of hearing on resolution of necessity.
After the completion of all requirements set forth in §§ 9-53-4 to 9-53-7, inclusive, the governing body shall fix a time and place for a public hearing thereon and shall cause a notice of hearing of the proposed resolution of necessity to be given by the city auditor or town clerk who shall mail, at least fifteen days before the date set for the hearing, true copies of the proposed resolution of necessity and a notice of hearing appended thereto by first class mail to all those persons addressed to their respective post office addresses as those persons and respective addresses appear as owners of the privately owned property within the proposed district in the records of the county director of equalization. The notice of hearing shall state the time and place the governing body shall meet for the purpose of considering the adoption of the resolution of necessity either as proposed or as might be amended at the same time and place of the hearing, and at said time and place that the governing body will consider any objections to the proposed resolution.
Source: SL 1967, ch 230, § 7.
9-53-10. Hearing and action by governing body on resolution of necessity.
At the time of such hearing or at any adjournment thereof, the governing body shall consider any objections to such proposed resolution and may adopt such resolution, with or without amendment as it may deem proper, except that the boundaries of the benefit district may not be enlarged so as to include property not contained within the original proposed resolution.
Source: SL 1967, ch 230, § 8.
9-53-12. Authority to proceed with improvement and assessments after adoption of resolution.
After twenty days from the adoption and publication of such resolution of necessity, unless the referendum be invoked or unless a written protest shall have been filed with the auditor or clerk signed by the owners of more than fifty-five percent of the total tax-assessed valuation of the property subject to assessment, the governing body shall have the power to acquire property by lease, gift, or purchase, to cause such improvement to be made, to contract therefor, and to levy and collect special assessments therefor as provided by chapter 9-43.
Source: SL 1967, ch 230, § 9.
9-53-13. Levy and collection of special assessments--Assessment bonds.
Special assessments may be made, levied, and collected and assessed and assessment bonds may be issued to finance the improvement all as now provided by chapter 9-43. Assessment bonds shall be called public convention hall bonds.
Source: SL 1967, ch 230, § 10.
9-53-14. Contract or assessment not invalidated by irregularity--Determination of governing body conclusive.
No contract made or assessment levied for any such improvement shall be void by reason of any defect or irregularity in the resolution of necessity or notice or in the publication thereof, and the determination of the governing body as to the sufficiency or insufficiency of protest thereto shall be conclusive unless such determination is unreasonably and arbitrarily or fraudulently made.
Source: SL 1967, ch 230, § 9.
9-53-15. Supervision of operation of hall--Maintenance funds.
The governing body shall be in charge of running and operating the public convention hall and may appropriate additional municipal revenues or funds raised by taxation for the maintenance of said public convention hall.
Source: SL 1967, ch 230, § 11.
9-53-16. Charges for use of hall--Purposes to which applied.
In addition the governing body by resolution may impose and collect reasonable charges for the use of the public convention hall constructed under the provisions of this chapter. The money so received shall be deposited in the municipal treasury to the credit of the public convention hall fund and applied in order to the following purposes exclusively:
(1) The payment of necessary expenses of maintaining, insuring, and repairing such public convention hall;
(2) Annually on the first day of January of each year, the balance remaining to the credit of such public convention hall shall be applied to the payment of the principal and interest of the cost of acquiring and improving the public convention hall, and the retirement of any bonds issued therefor as soon as said bonds are callable;
(3) At the time all indebtedness has been paid in full, the balance, if any, after paragraph (1) herein is satisfied shall be transferred to the general fund of the municipality.
Source: SL 1967, ch 230, § 11.
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.
9-54-1. Purpose of chapter.
The purpose of this chapter is to stimulate and develop the general economic welfare and prosperity of the state through the promotion and advancement of industrial, commercial, manufacturing, agricultural, natural resources, postsecondary technical education, limited to bonding for public postsecondary technical institutions in operation on July 1, 1981, research, data collection, health service, housing for the elderly, housing for the handicapped, primary, secondary, and postsecondary education, recreational development, and the reduction of water and air pollution resulting from such developments; to encourage and assist in the location of new business and industry in this state and the expansion of existing business development; to assist in the construction of postsecondary technical education facilities, for public postsecondary technical institutions in operation on July 1, 1981; and to promote the economic stability of the state by providing greater employment opportunities and diversification of industry thus promoting the general welfare of the citizens by authorizing all municipalities of the state to issue revenue bonds to finance projects comprising real or personal property or both, useful for any of these purposes.
The purpose of this chapter is also to promote health services, housing for the elderly and housing for the handicapped at reasonable costs, thus promoting the general welfare of the citizens, by authorizing all municipalities of the state to issue revenue bonds to pay, purchase or discharge all or any part of the outstanding indebtedness of any nonprofit corporation incurred in the purchase, construction, reconstruction, acquisition of sites for, enlargement, improvement, or remodeling of health service facilities, housing for the elderly or housing for the handicapped.
Source: SL 1964, ch 148, § 1; SL 1972, ch 45, § 3; SL 1973, ch 59, § 1; SL 1981, ch 77, § 1; SL 1981, ch 78; SL 1998, ch 46, § 1.
9-54-2. Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects.
For the purposes stated in § 9-54-1, any municipality may issue revenue bonds, the proceeds of which shall be used only to purchase, construct, reconstruct, acquire sites for, enlarge, improve, or remodel buildings, structures, or equipment, and to enter into revenue agreements as defined in § 9-54-3.1 with any person, firm, limited liability company, corporation, or governmental entity, the projects to be situated in any municipality or its environs without limitation as to distance, providing the governing body of the municipality declares that the project, if in being, would promote the welfare of the municipality.
Source: SL 1964, ch 148, § 2; SL 1972, ch 45, § 4; SL 1973, ch 59, § 2; SL 1981, ch 77, § 2; SL 1984, ch 43, § 98A; SL 1994, ch 351, § 9.
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.
With respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped, wellness centers, or primary, secondary, or postsecondary schools to be operated by any nonprofit corporation, for any purpose stated in § 9-54-1, a municipality may issue revenue bonds to pay, purchase, or discharge all or any part of the outstanding indebtedness of a nonprofit corporation incurred in the purchase, construction, reconstruction, acquisition of sites for, enlargement, improvement, or remodeling of hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped, wellness centers, or primary, secondary, or postsecondary schools, including, to the extent deemed necessary or desirable by the municipality, any unpaid interest on indebtedness accrued or to accrue to the date on which the indebtedness is finally paid, and any premium the municipality determines to be necessary or desirable to be paid to pay, purchase, or decease outstanding indebtedness, and to enter into revenue agreements as defined in § 9-54-3.1, with any nonprofit corporation, the projects to be situated in any municipality or its environs without limitation as to distance, providing the governing body of the municipality declares that the project would promote the welfare of the municipality. Nothing in this section is intended to prohibit the use of revenue bonds to pay outstanding indebtedness of any person, firm, limited liability company, corporation, or governmental entity to the extent now permitted by law.
Source: SL 1981, ch 77, § 3; SL 1982, ch 28, § 2; SL 1984, ch 43, § 98B; SL 1991, ch 75, § 1; SL 1994, ch 351, § 10; SL 1998, ch 46, § 2.
9-54-2.2. Restriction on use of bonds for elderly housing projects.
Any housing for the elderly financed by revenue bonds shall be operated by either a nonprofit corporation or a corporation wholly owned, either directly or indirectly, by a nonprofit corporation.
Source: SL 1981, ch 77, § 9; SL 1984, ch 62; SL 1990, ch 67; SL 1991, ch 76.
9-54-3. "Revenue bonds" defined.
Revenue bonds, as the term is used in this chapter, are bonds to be paid exclusively from the revenue produced by the project financed by the use of the proceeds thereof, including but not limited to payments due under any revenue agreement, or under any bond or other obligation issued in payment therefor or any mortgage, pledge, or security agreement given with respect to the project or any other property of the lessee, purchaser, or borrower with respect to the project.
Source: SL 1964, ch 148, § 7; SL 1973, ch 59, § 3; SL 1981, ch 77, § 4.
9-54-3.1. "Revenue agreement" defined.
Revenue agreement, as the term is used in this chapter, is any written agreement between a municipality and another person, firm, limited liability company, corporation, or governmental entity with respect to a project whereby such other person, firm, limited liability company, corporation, or governmental entity agrees to pay to the municipality or to its order amounts sufficient at all times to pay when due the principal of, premium, if any, and interest on all bonds issued by the municipality with respect to that project. A revenue agreement includes, but is not limited to, a lease, a direct or installment sale contract, or a loan agreement.
Source: SL 1981, ch 77, § 5; SL 1994, ch 351, § 11.
9-54-4. Costs to be covered by bonds--Authorization, issuance and sale of bonds.
Bonds may be issued in amounts as may be necessary to provide sufficient funds to pay all the costs of purchase or construction of each project which under accepted accounting practice are capital costs, including goodwill and other intangible costs, as well as site, engineering, and all other expenses of its planning and completion , together with additional amounts as may be agreed to by the lessee, purchaser, or borrower with respect to the project and the purchasers of the bonds as a discount or underwriters' fee, and to pay interest accruing before completion of the project, to establish a reserve securing payment of the bonds, and, with respect to hospitals, nursing homes, other health care facilities, housing for the elderly, housing for the handicapped or wellness centers, comprising a project, the cost of paying, purchasing or discharging any outstanding indebtedness or other cost as authorized in § 9-54-2.1. Bonds issued under the provisions of this chapter shall be authorized, issued and sold in accordance with chapter 6-8B, except that no election is required.
Source: SL 1964, ch 148, § 4; SL 1973, ch 59, § 4; SL 1981, ch 77, § 6; SL 1984, ch 43, § 98C; SL 1991, ch 75, § 2; SL 1998, ch 47, § 1.
9-54-5. Amount of bond issue limited by costs.
In no case shall any revenue bonds be issued for an amount in excess of the actual cost of the project, including the site therefor and all other items referred to in § 9-54-4.
Source: SL 1964, ch 148, § 6; SL 1973, ch 59, § 5.
9-54-6. Bonds not general obligations nor payable by taxation--Recitals in bonds.
Revenue bonds issued pursuant to this chapter shall not be general obligations of the municipality nor shall they be payable in any manner by taxation. Such revenue bonds shall recite the authority under which they are issued, and shall state that they are issued in conformity with the provisions, restrictions, and limitations of this chapter, and that such bonds and the interest thereon are to be paid from the revenue received from the project financed, in whole or in part, by the issuance of the revenue bonds.
Source: SL 1964, ch 148, § 8; SL 1973, ch 59, § 6; SL 1984, ch 43, § 98E.
9-54-7. Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements.
The governing body of the municipality may, by ordinance, resolution, or by a trust indenture executed under authority of a resolution or ordinance, pledge the revenues of the project and any other security of whatsoever nature, offered by the lessee, purchaser, or borrower with respect to the project, and may mortgage the project, for the payment of the bonds and the interest thereon, and provide that the revenues shall be set apart in one or more special trust funds for that purpose. The resolution, ordinance, or indenture may include covenants and agreements as the governing body deems necessary or desirable to secure the bonds, including the establishment of a reserve from the bond proceeds, and may authorize a trustee appointed under an indenture to enforce all rights and remedies of the municipality under the revenue agreement with respect to the project.
Source: SL 1964, ch 148, § 5; SL 1969, ch 188, § 1; SL 1973, ch 59, § 7; SL 1981, ch 77, § 7; SL 1984, ch 43, § 98D.
9-54-8. Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes.
Revenue agreements pursuant to § 9-54-3.1 shall provide for contractual payments sufficient to pay the principal, premium, if any, and interest on any bonds issued by the municipality under the resolution or ordinance or trust indenture, when due or subject to mandatory redemption, and also to pay all taxes, special assessments and other governmental charges levied or imposed with respect to the project, and to pay all costs of insurance, operation, and maintenance thereof. The agreements shall also reimburse the municipality for the cost of any other obligation assumed by the municipality in connection with the project. Revenue agreements in the form of a lease or sale contract shall further provide for payment of a sum equal to the amount of property taxes which would be due if the lessee or purchaser were the owner of the project, to be prorated among the taxing districts involved and taking into consideration reductions permitted pursuant to § 10-6-137 for the term of the agreement.
Source: SL 1964, ch 148, § 3; SL 1973, ch 59, § 8; SL 1975, ch 93, § 1; SL 1981, ch 77, § 8; SL 1981, ch 79; SL 1984, ch 43, § 98F; SL 2020, ch 39, § 12; SL 2021, ch 44, § 44.
9-54-8.1. Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds.
Any lease agreement may grant an option to the lessee to purchase the project at a price and upon other conditions sufficient to assure the payment and redemption of the bonds and payment and reimbursement of all such other charges and costs. Any lease or sale agreement may provide for acquisition of title to the project by the lessee or purchaser in advance of the retirement of the bonds, if such retirement is assured by the deposit with the municipality or the trustee of funds or of bonds or other obligations issued by the lessee or purchaser to the municipality, or bonds or other obligations issued or guaranteed by the United States or an agency thereof, which are payable as to principal and interest at the times and in the amounts required to pay the municipality's bonds at or before maturity and all interest and redemption premiums thereon when due. In this event the payments of principal and interest on such obligations, and any mortgage or pledge of property or funds securing such payments, shall be irrevocably pledged for the payment of the bonds, interest and redemption premiums and payment and reimbursement of all other costs.
Source: SDCL, § 9-54-8 as added by SL 1973, ch 59, § 8.
9-54-9. Municipal obligations restricted by contractual payments from facilities.
Nothing in this chapter shall be so construed as to authorize or permit any municipality to make any contract or to incur any obligation of any kind or nature except such as shall be payable solely out of the contractual payments from such facilities.
Source: SL 1964, ch 148, § 4.
9-54-10. County and sanitary district powers.
Any county shall have the same powers as a municipality under this chapter. Any sanitary district shall have the same powers as a municipality under this chapter with respect to any project providing sewer service or control of water pollution.
Source: SL 1972, ch 45, § 5.
9-54-11. Municipal joint or cooperative agreements.
Any municipality, in order to accomplish the purposes provided in this chapter, may enter into agreements with any other public agency or agencies for joint or cooperative action and such agreements shall be governed by the provisions of chapter 1-24.
Source: SL 1972, ch 45, § 2.
9-54-12. Compliance with federal requirements for tax exemption.
Notwithstanding any provision under the laws of the State of South Dakota, a municipality in order to accomplish the purposes provided in this section and chapter 6-8B may perform all acts necessary to comply with the requirements of § 103 of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to § 103 to insure that all interest from bonds issued under this chapter is tax exempt.
All hearings or acts necessary to comply with § 103(k) of the Internal Revenue Code of 1954, as amended, and any regulations promulgated pursuant to § 103(k) are exempt from the requirements and procedures of chapter 1-26.
The Governor is the approving representative for the state for the purpose of complying with the applicable provisions of § 103(k) of the Internal Revenue Code of 1954, as amended, and any regulation promulgated pursuant to § 103(k) necessary to insure that all interest from bonds issued is tax exempt.
Source: SL 1984, ch 43, § 58.
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.
9-55-1. Definition of terms.
Terms as used in this chapter mean:
(1) "Assessable unit," the front foot, square foot, equivalent front foot, or other unit of assessment established under the proposed method of assessment set forth in the resolution of intent to create a business improvement district;
(2) "Occupation tax," a fee imposed on any person with an established place of business within the district for the privilege of doing business;
(3) "Record owner," the fee owner of real property as shown in the records of the office of the register of deeds in the county in which the business area is located. A contract purchaser of real property is the record owner for the purpose of this chapter and the only person entitled to petition pursuant to § 9-55-9 or protest pursuant to § 9-55-10; and
(4) "Space," the square foot space wherein customers, patients, clients, or other invitees are received and space from time to time used or available for use in connection with a business or profession of a user, except all space owned or used by political subdivisions.
Source: SL 1986, ch 81, § 1.
9-55-2. Imposition of special assessment or general business license and occupation tax.
Any municipality may impose a special assessment upon the property within a business improvement district in the municipality or a general business license and occupation tax on businesses and users of space within a business improvement district or both.
Source: SL 1986, ch 81, § 2; SL 2003, ch 47, § 2.
9-55-3. Uses to which generated funds may be put.
Any money generated pursuant to § 9-55-2 may be used for any one or more of the following purposes:
(1) The acquisition, construction, maintenance, and operation of public off-street parking facilities for the benefit of the district area;
(2) Improvement of any public place or facility in the district area, including landscaping and plantings;
(3) Construction or installation of convention or event centers, pedestrian shopping malls or plazas, sidewalks, including moving sidewalks, parks, meeting and display facilities, bus stop shelters, lighting, benches or other seating furniture, sculptures, trash receptacles, shelters, fountains, skywalks, and pedestrian and vehicular overpasses and underpasses or any useful or necessary public improvement;
(4) Leasing, acquiring, constructing, reconstructing, extending, maintaining, or repairing parking lots or parking garages, both above and below ground, or other facilities for the parking of vehicles, including the power to install such facilities in public areas, whether such areas are owned in fee or by easement, in the district area;
(5) Creation and implementation of a plan for improving the general architectural design of public areas in the district area;
(6) The development of any activities and promotion of the district area;
(7) Maintenance, repair, and reconstruction of any improvements or facilities authorized by this chapter;
(8) Any other project or undertaking for the betterment of the facilities in the district area, whether the project is capital or noncapital in nature;
(9) Enforcement of parking regulations within the district area; and
(10) Employing or contracting for personnel, including administrators for any improvement or promotional program under this chapter, and providing for any service necessary or proper to carry out the purposes of this chapter.
Source: SL 1986, ch 81, § 3; SL 2005, ch 54, § 1.
9-55-4. Creation of business improvement district--Established business area.
A municipality may create a business improvement district only as provided by this chapter. A municipality that has not adopted any zoning ordinance pursuant to § 9-12-13 may create a business improvement district anywhere within the boundaries of the municipality. If a municipality has adopted a zoning ordinance pursuant to § 9-12-13, the municipality may create a business improvement district only within the boundaries of an established business area that is zoned for business, public, or commercial purposes. For purposes of this chapter, an established business area, may include noncontiguous property within the incorporated municipality that has a common zoning designation. Any business improvement district that includes noncontiguous property pursuant to this section may, by resolution of the governing body, add qualifying property to the business improvement district.
Source: SL 1986, ch 81, § 4; SL 2005, ch 54, § 2; SL 2007, ch 41, § 1; SL 2018, ch 56, § 1.
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.
The mayor shall, with the approval of the governing body, appoint a business improvement board consisting of property owners, residents, business operators or users of space within the business area to be improved. The governing body shall, by resolution, designate the boundaries of the business area prior to the time of the appointment of the board. The board shall make recommendations to the governing body for the establishment of a plan or plans for improvements in the business area. If the improvements to be included in one business area offer benefits that cannot be equitably assessed together under this chapter, more than one business improvement district as part of the same development plan for that business area may be proposed. The board may make recommendations to the municipality as to the use of any revenue collected pursuant to § 9-55-2.
Source: SL 1986, ch 81, § 5.
9-55-6. Composition of board--Vacancies--Terms--Officers.
The board shall consist of no less than five members to serve such terms as the governing body, by resolution, determines. The mayor, with the approval of the governing body, shall fill any vacancy for the remainder of the term vacated. A member of such board may serve more than one term. The board shall select from its members a chairperson and a secretary.
Source: SL 1986, ch 81, § 6.
9-55-7. Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.
Upon receiving a recommendation from the business improvement board, the governing body may create one or more business improvement districts by adopting a resolution of intent to establish a district or districts. The resolution shall contain the following information:
(1) A description of the boundaries of any proposed district;
(2) The time and place of a hearing to be held by the governing body to consider establishment of a district or districts;
(3) The proposed public facilities and improvements to be made or maintained within any such district; and
(4) The proposed or estimated costs for improvements, facilities and activities within any district, and the method by which the revenue shall be raised. If a special assessment is proposed, the resolution also shall state the proposed method of assessment.
The notice of intent shall recite that the method of raising revenue shall be fair and equitable. In the use of a general occupation tax, the tax shall be based primarily on the square footage of the owner's and user's place of business or based on rooms rented by any lodging establishment to transient guests as defined in § 10-45-7. If the occupational tax is based on rooms rented by a lodging establishment, the tax shall be imposed on the transient guest and such tax may not exceed two dollars per occupied room per night. However, no occupational tax may be imposed on any transient guest who has been offered a room by a lodging establishment on a complimentary basis and no fee or rent was charged for such room. In the use of a special assessment, the assessment shall be based upon the special benefit to the property within the district.
Source: SL 1986, ch 81, § 7; SL 2005, ch 54, § 3.
9-55-8. Notice of hearing.
A notice of a hearing required under subdivision 9-55-7(2) shall be given by mailing a complete copy of the resolution of intent to each owner of taxable property as shown on the property tax roll for the proposed district. If an occupation tax is to be imposed, a copy of the resolution of intent shall also be mailed to the occupant of each address located in the proposed district. Mailing shall be completed at least thirty days prior to the time of hearing.
Source: SL 1986, ch 81, § 8; SL 1990, ch 68, § 2; SL 2006, ch 35, § 1.
9-55-9. Petition for hearing.
The owners of a majority of the assessable front footage in a business area or the users of a majority of space in a business area may, by petition, direct the governing body to hold a hearing to create a district pursuant to this chapter.
Source: SL 1986, ch 81, § 9; SL 1990, ch 68, § 3.
9-55-10. Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.
If a hearing is held under subdivision 9-55-7(2), the governing body shall:
(1) Hear all protests and receive evidence for or against the proposed action;
(2) Rule upon all written protests received prior to the close of the hearing, which ruling shall be final; and
(3) Continue the hearing from time to time as the governing body deems necessary.
If a special assessment is to be used, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the assessable front footage in the proposed district. If an occupation tax is to be used, the proceedings shall terminate if protest is made by the users of a majority of the space in the proposed district. If the general occupational tax is based upon rented hotel and motel rooms pursuant to § 9-55-7, the proceedings shall terminate if written protest is made prior to the close of the hearing by the owners of a majority of the hotels and motels in the proposed district.
Any bonds for the construction of a convention facility that are payable from the proceeds of the hotel and motel room general occupational tax may only be issued and sold if at least two-thirds of the hotel and motel owners in the proposed district approve in writing of the issuance and sale of the bonds.
Source: SL 1986, ch 81, § 10; SL 1990, ch 68, § 4; SL 2004, ch 79, § 1; SL 2005, ch 54, § 4.
9-55-11. Procedure for change of boundaries.
If the governing body decides to change the boundaries of a proposed district, the hearing shall be continued to a time at least thirty days after such decision and the notice shall be given as prescribed in § 9-55-8, showing the boundary amendments. However, no new or additional resolution of intent is required for a proposed change in the boundary of a district.
Source: SL 1986, ch 81, § 11; SL 1990, ch 68, § 5.
9-55-12. Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.
The governing body, following a hearing held pursuant to subdivision 9-55-7(2), may establish or reject any proposed district or districts. If the governing body decides to establish a district, it shall adopt an ordinance to that effect. The ordinance shall contain the following information:
(1) The number of the resolution of intent and the date it was adopted;
(2) The time and place of the hearing that was held on the formation of such district;
(3) A statement that a business improvement district has been established pursuant to the provisions of this chapter;
(4) The purposes of the district and the public improvements and facilities to be included in such district;
(5) The description of the boundaries of such district;
(6) A statement that the businesses and professions in the district shall be subject to the general business occupation tax or that the real property in the area will be subject to the special assessment authorized by § 9-55-2;
(7) The proposed method of assessment to be imposed on the property within the district or the initial rate of the occupation tax to be imposed on the business users of the space in the district; and
(8) Any penalties to be imposed for failure to pay the occupation tax.
Source: SL 1986, ch 81, § 12.
9-55-13. Special assessment against real property located in district--Procedure.
A municipality may levy a special assessment against the real property located in a district, to the extent of the special benefit on such property, for the purpose of paying all or any part of the total costs and expenses of any project authorized by this chapter, within the district. The amount of each special assessment shall be determined by the governing body. Assessments shall be levied in accordance with the method of assessment proposed in the ordinance creating the district. If the governing body finds that the proposed method of assessment does not provide a fair and equitable method of apportioning costs, then the governing body may assess the costs under a method the governing body finds to be fair and equitable. Notice of a hearing on any special assessments to be levied under this chapter shall be given to the landowners in the district by publication of the description of the land, the amount proposed to be assessed, and the general purpose for which the assessment is to be made, once a week for two weeks in a daily or weekly newspaper of general circulation published in the municipality. The notice shall be published at least thirty days prior to the hearing and shall provide the date, time, and place of the hearing to hear any objections or protests by landowners in the district as to the amount of assessment made against their property. All special assessments levied under this chapter constitute liens on the property and shall be certified for collection and collected in such manner as the governing body determines by ordinance.
Source: SL 1986, ch 81, § 13; SL 1990, ch 68, § 6; SL 2003, ch 47, § 1; SL 2005, ch 54, § 5; SL 2012, ch 57, § 158.
9-55-14. Levy of general business occupation tax in addition to or in place of special assessments.
In addition to or in place of a special assessment, a municipality may levy a general business occupation tax upon the businesses and users of space within a district established for acquiring, constructing, maintaining, or operating public off-street parking facilities and providing in connection therewith other public improvements, facilities and activities authorized by this chapter, for the purpose of paying all or any part of the total cost and expenses of any authorized improvement, facility or activity within such district. Notice of a hearing on any such tax shall be given to the businesses and users of space of such districts in the same manner as provided in § 9-55-13.
Source: SL 1986, ch 81, § 14.
9-55-15. Procedure for implementation of tax.
For the purposes of implementing the tax imposed under § 9-55-14, the governing body may make a reasonable classification of businesses or users of space in a district. The collection of the tax imposed pursuant to § 9-55-14, shall be made and enforced in such a manner as the governing body shall by resolution determine. The governing body may by resolution provide that failure to pay such tax shall constitute a violation of the resolution and shall subject the violator to a fine or other punishment as provided in such resolution.
Source: SL 1986, ch 81, § 15.
9-55-16. Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure.
If, subsequent to the levy of an occupation tax or a special assessment, the use of any parcel of land shall change so that, had the new use existed at the time of making such levy, the assessment or levy on such property would have been higher than the levy or assessment actually made, an additional assessment or levy may be made on such property by the governing body. The governing body shall take into consideration the new and changed use of such property. Reassessments or changes in the rate of levy of special assessments or occupation taxes may be made by the governing body after notice and hearing as provided in § 9-55-13. The governing body shall adopt a resolution of intent to change the assessment or rate of levy at least thirty days prior to the hearing on such change. Such resolution shall specify the proposed change and shall give the time and place of the hearing.
Source: SL 1986, ch 81, § 16; SL 1990, ch 68, § 7.
9-55-17. Limitations on amount of assessments or taxes.
The total amount of special assessments or general business occupation taxes levied under this chapter may not exceed the total costs and expenses of the projects authorized in the resolution of intent for such district. The levy of any additional special assessment or occupation tax may not reduce or affect in any manner the assessments previously levied. The special assessments or occupation taxes levied shall be for the purposes specified in the resolution of intent for each district and the proceeds may not be used for any other purpose.
Source: SL 1986, ch 81, § 17.
9-55-18. Purpose of taxation or assessment by municipality--Limitations on taxation and assessment--Method of taxation or assessment.
A municipality may levy a general business occupation tax, or a special assessment against the real property located in a district to the extent of the special benefit to such property, for the purpose of paying all or any part of the cost of maintenance, repair and reconstruction, including utility costs, of any improvement or facility in the district. Districts created for taxation or assessment of maintenance, repair and reconstruction costs, including utility costs, of improvements or facilities which are authorized by this chapter but which were not acquired or constructed pursuant to this chapter, may be taxed or assessed as provided in this chapter. Any occupation tax levied under this chapter shall be limited to those improvements and facilities authorized by this chapter. The governing body may levy such occupation taxes or special assessments under either of the following methods:
(1) The governing body may not more frequently than annually, determine the costs of maintenance, repair and reconstruction of a facility. Such costs shall be either assessed to the real property located in such district in accordance with the proposed method of assessment, or taxed against the businesses and users of space in the district, whichever may be applicable as determined by the resolution creating the district. However, if the governing body finds that the method of assessment proposed in the resolution creating the district does not provide a fair and equitable method of apportioning such costs, then it may assess the costs under such method as the governing body finds to be fair and equitable. At the hearing on such taxes or assessments, objections may be made to the total cost and the proposed allocation of such costs among the parcels of real property or businesses in such district; or
(2) After notice is given to the owners or businesses as provided in this chapter, the governing body may establish and may from time to time change the percentage of such costs for maintenance, repair and reconstruction which each parcel of real property or each business or user of space in any district shall pay. The governing body shall annually determine the total amount of such costs for each period since costs were last taxed or assessed, and shall, after a hearing, tax or assess such costs to the real property in the district in accordance with the percentages previously established at such hearing. Notice of such hearing shall be given as provided in § 9-55-13 and shall state the total costs and percentage to be taxed or assessed to each parcel of real property. Unless objections are filed with the finance officer at least five days before such hearing, all objections to the amount of total costs and the assessments shall be levied as stated in such notice. However, the governing body may reduce any assessment percentage.
Source: SL 1986, ch 81, § 18.
9-55-18.1. Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect.
Any municipality that has created a business improvement district as provided by this chapter, and levied special assessments or general business occupation taxes, or both, may issue and sell bonds payable from the special assessments, business occupation taxes, or both, as provided in this section and chapter 6-8B if the owners of a majority of the assessable front footage in the district or the users of a majority of the space in the district petition the municipality to issue the bonds. Unless the bonds are to be general obligations which pledge the full faith and credit of the municipality, no election is required for the issuance of the bonds. The proceeds of the bonds shall be used only for the purposes for which the collections of the special assessments or general business occupation taxes from which the bonds are payable may be used pursuant to this chapter, to fund a debt service reserve for bonds that are not general obligations of the municipality, to pay the interest estimated to accrue on the bonds until the first collections of the special assessments or general business improvement taxes, and to pay the costs of issuance of the bonds. The governing body shall, in the resolution or ordinance authorizing the issuance of the bonds, agree that the governing body shall keep the business improvement district in effect, shall continue to impose and collect the special assessments and general business occupation taxes if the bonds are outstanding, and shall pledge so much of the collections of the special assessments and general business occupation taxes as may be necessary to pay the principal of, premium, if any, and interest on the bonds, and to maintain any debt service reserve established for the bonds.
The municipality may also pledge any part of the collections of special assessments or general business improvement taxes, in excess of those pledged to the payment of bonds issued under this section, to the payment of utility revenue bonds issued under chapter 9-40 or tax increment revenue bonds issued under chapters 11-8 and 11-9, but only if the proceeds of the utility revenue bonds or tax increment revenue bonds are used to finance improvements located, in whole or in part, in the business improvement district.
Source: SL 1990, ch 68, § 1; SL 2018, ch 70, § 47.
9-55-19. Procedure for abolishment of district.
The governing body may, by ordinance, abolish a district after a hearing thereon. The governing body shall adopt a resolution of intent to abolish the area at least thirty days prior to the hearing required by this section. The resolution shall give the time and place of the hearing. Notice of the hearing shall be given as provided in § 9-55-13.
Source: SL 1986, ch 81, § 19; SL 1990, ch 68, § 8.
9-55-20. Disposition of proceeds of tax or assessment upon abolishment.
Upon abolishment of a district, any proceeds of the occupation tax or the special assessment, or assets acquired with such proceeds, are subject to disposition as the governing body shall determine.
Source: SL 1986, ch 81, § 20.
9-55-21. Use of donated funds or grants.
The municipality may receive, administer, and disburse donated funds or grants for the purposes of and in the manner authorized by this chapter.
Source: SL 1986, ch 81, § 21.
9-55-22. Dissolution of district imposing occupational tax on rooms rented.
If a district has imposed an occupation tax based on rooms rented and the occupational tax revenue was used only for the promotion of the district, a majority of the landowners may dissolve the district established pursuant to § 9-55-7 by submitting a petition to the governing body requesting the district to be dissolved. On and after the date the petition is filed with the governing body, the district may not enter into any new obligations or contracts. Not withstanding the other provisions of this chapter, the governing body, upon receiving the petition and verifying that a majority of the landowners have signed the petition, shall by resolution dissolve the district. However, the governing body may not dissolve the district until there are sufficient funds available to extinguish all of the debts and obligations of the district. The governing body shall administer any remaining affairs and issues concerning the dissolved district.
Source: SL 2006, ch 35, § 2.