Title 9, MUNICIPAL GOVERNMENT

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 resoluti…

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 …

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 propert…

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 …

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 …

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 …

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.

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 bef…

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…

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.

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.

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.

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 5…

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.

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 noti…

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.

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 equalizatio…

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 s…

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…

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 p…

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 …

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 amo…

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.

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: S…

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 municip…

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…

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…

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…

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 gr…

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 p…

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 peti…

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 recorde…

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 p…

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 .

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; …

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 g…

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 …

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.

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 c…

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 rail…

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 , §…

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).

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 o…

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 si…

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…

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 193…