Title 7 — COUNTIES
39 chapters · 737 sections in this title.
SDCL § 7-25-1 Annual tax levy for construction or improvement of certain buildings--Fund accumulated--Cooperation with other subdivisions--Proceeds pledged to payments without limitation
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The board of county commissioners may levy a tax not to exceed ninety cents per thousand dollars of taxable valuation to be used or paid into a fund for the purpose of acquiring a site, constructing, renovating, improving, remodeling, altering, adding to, repairing, erecting, or …
SDCL § 7-25-10 Lowest responsible bid accepted--Progress payments permitted in contract--Interest on payments withheld
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The lowest responsible bid in all cases shall be accepted and the contract for the building or buildings may permit progress payments, but if so shall provide for retention of not less than the following percentages: twelve percent of the amount of the contract up to fifty thousa…
SDCL § 7-25-11 Execution of construction contracts
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All contracts shall be made and set forth in writing and shall be signed on behalf of the board by the chairman and attested by the county auditor with the county seal affixed after such contract has been voted upon and carried by a majority of the board. Source: SL 1874-5, ch 27…
SDCL § 7-25-12 Performance bond required of construction contractor
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The board shall require a bond from the contractor in a sum equal to the contract price, conditioned that the contractor executes the contract and completes the building according to the plans and specifications and to the full satisfaction of the board. The contractor shall acco…
SDCL § 7-25-13 Payment required if building occupied before acceptance
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It is further provided that in the event the board elects to use and occupy the public improvement before acceptance, the board shall pay all amounts due under the contract except double the amount the superintendent or architect shall estimate necessary to complete the improveme…
SDCL § 7-25-14 Appointment of superintendent to oversee construction--Progress payments based on superintendent's reports
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The board may appoint a competent superintendent, who may be the architect furnishing the plans and specifications for such building or buildings and such superintendent shall report to the board every thirty days as to the progress and character of the work done by the contracto…
SDCL § 7-25-16 Insurance on buildings--Application of proceeds--Filing policies
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The board of county commissioners may insure any or all of the public buildings and property belonging to the county. In case of the destruction or damage of the buildings or property so insured, such board shall demand and receive any money due on account of such insurance and c…
SDCL § 7-25-17 Rental space provided county officers where courthouse or jail insufficient
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In any county where there is no courthouse or jail erected by the county, or no lodging for prisoners provided under a joint agreement pursuant to § 24-11-4 , or where those erected have not sufficient capacity, it shall be the duty of the board of county commissioners to provide…
SDCL § 7-25-19 Sale and lease - back arrangements--Disposition of sale proceeds--Tax exemption
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The board of county commissioners of any county may by resolution exercise all the powers conferred on the South Dakota Building Authority pursuant to and in the manner provided by §§ 5-12-15 , 5-12-19 and 5-12-42 to 5-12-45 , inclusive, with respect to the acquisition, lease, sa…
SDCL § 7-25-2 Investment of building fund--Income paid into fund
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The board of county commissioners shall have the power to loan or invest any balance of any such fund as referred to in § 7-25-1 upon first mortgages upon real property worth at least double the value of the sum loaned, or upon bonds of the State of South Dakota, or upon bonds or…
SDCL § 7-25-3 County commissioners authorized to construct and improve buildings--Maximum expenditure authorized without voters' approval
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The board of county commissioners shall have authority to provide for the erection, renovation, improvement, remodeling, alteration, addition to, and repairing of courthouses, jails, memorial buildings, which may contain an auditorium, and other necessary buildings within and for…
SDCL § 7-25-4 Building bonds approved by voters--Other funds applicable without additional approval
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Whenever the question of bonding the county for the purpose of bonding the county for the purpose of building or renovating, improving, remodeling, altering, adding to, or repairing a courthouse, jail, memorial building, or other county buildings shall have been submitted to a vo…
SDCL § 7-25-5 Commissioners' duty to use accumulated building fund
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After a fund for the construction of a courthouse, office, or jail building, county exhibition buildings, 4-H and extension buildings, grandstands and bleachers, and highway maintenance buildings has accumulated from any source, it shall be the duty of the board of county commiss…
SDCL § 7-25-6 Acquisition of ground for authorized county buildings--Board to supervise construction of all buildings
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The board of county commissioners when authorized to erect any county building or joint county and municipal building shall have power to acquire ground for a site by purchase or condemnation. The board shall also have the entire supervision of the construction of all county buil…
SDCL § 7-25-7 Advertising and award procedure for building construction contracts
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If any county building is to be constructed, the board shall proceed as required by chapter 5-18B . The time specified for opening of bids shall be at one of the regular or duly adjourned sessions of the board. Source: SL 1874-5, ch 27 , § 49; PolC 1877, ch 21, § 45; CL 1887, § 6…
SDCL § 7-25-8 Building plans and specifications to be on file--Petty offense to permit removal
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One copy of the plans and specifications for any building to be erected shall be on file in the office of the county auditor at all times from the beginning of the publication of the advertisement for bids until the completion of the building. Any county auditor who allows or per…
SDCL § 7-25-9 Security posted by bidders on construction contract--Return of security to unsuccessful bidders
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Each bid shall contain a certified check, cashier's check, or bank money order, in the sum equal to five percent of the amount of the bid. The check or money order shall be certified or issued by either a state or national bank domiciled within this state made payable to the coun…
SDCL § 7-25-9.1 Waiver of security requirements on bids less than two thousand dollars
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Notwithstanding the provisions of § 7-25-9 , the requirement of a bid bond, certified check, money order, cash, or other security may be waived when the bid submitted does not exceed two thousand dollars. Source: SL 1968, ch 276 ; SL 1979, ch 46 , § 2.