Title 9 — MUNICIPAL GOVERNMENT
59 chapters · 1,226 sections in this title.
Purpose of chapter
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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 …
SDCL § 9-54-10 County and sanitary district powers
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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.
SDCL § 9-54-11 Municipal joint or cooperative agreements
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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 , § …
SDCL § 9-54-2 Power to issue bonds, acquire or construct projects and enter revenue agreements--Location of projects
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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 …
SDCL § 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
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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 muni…
SDCL § 9-54-2.2 Restriction on use of bonds for elderly housing projects
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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 .
SDCL § 9-54-3 "Revenue bonds" defined
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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 …
SDCL § 9-54-3.1 "Revenue agreement" defined
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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, c…
SDCL § 9-54-4 Costs to be covered by bonds--Authorization, issuance and sale of bonds
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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,…
SDCL § 9-54-5 Amount of bond issue limited by costs
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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 §
SDCL § 9-54-6 Bonds not general obligations nor payable by taxation--Recitals in bonds
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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 wi…
SDCL § 9-54-7 Mortgage of project and pledge of revenues to payment of bonds--Trust funds--Other covenants and agreements
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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 …
SDCL § 9-54-8 Lease or sale payments sufficient to pay bonds and costs--Payments in lieu of property taxes
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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 redemptio…
SDCL § 9-54-8.1 Lease with option to purchase--Title acquired before bonds retired--Pledge for payment of bonds
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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 provi…
SDCL § 9-54-9 Municipal obligations restricted by contractual payments from facilities
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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 , § …