Title 9 — MUNICIPAL GOVERNMENT

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…

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 …

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 publ…

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 facil…

Repealed by SL 2012, ch 57 , § 144.

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…

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 in…

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 derive…

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 …

Bonds shall be issued and sold as provided in chapter 6-8B , except that no election shall be required other than as provided in §

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…

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…

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…

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 t…

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…

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 bod…

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 municipali…

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 coven…

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 s…

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 rec…

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 …

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.

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 ac…

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 perso…

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 …

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 o…

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 park…

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 ,…

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 revenu…

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.

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 publi…

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 purpose…

Repealed by SL 2012, ch 57 , § 157.

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 prohi…

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).

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 lic…

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 yea…

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 traffi…