§ 9-40-1 Municipal power to acquire and operate utility systems–Types of servicesprovided–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 facilitysystems
§ 9-40-5 Bond issue for erection or acquisition of utility–Credit of municipality notused–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–Priorityof 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 bespecified
§ 9-40-11 Ordinance provisions for utility operation and security of bondholders
§ 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 utilitydistricts–Amount and basis of charges–Surcharge on water bills
§ 9-40-16 Pledge of revenue to separate fund–Separate account for bond payments andreserve–Depreciation account and operational costs
§ 9-40-17 Revenue pledged to payment of extension and improvement bonds–Priorpledge for original bond issue
§ 9-40-18 Taxing power not used for payment of revenue bonds–Restriction on use ofother municipal funds
§ 9-40-19 Chapter and resolution or ordinance incorporated in terms of bonds
§ 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 debtretirement
§ 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 prohibiteduntil bonds retired
§ 9-40-26 Statutory lien continued until bonds paid
§ 9-40-27 Enforcement by bondholders of statutory mortgage and requirements ofchapter
§ 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
§ 9-40-33 Receivership on default or mismanagement–Powers of receiver
§ 9-40-34 Judicial approval of rates charged during receivership–Criteria forestablishment of rates
§ 9-40-35 Termination of receivership and restoration of municipal control
§ 9-40-37 Sale and lease-back arrangements for waterworks and waste disposal facilities
§ 9-40-38 Sale of waterworks and waste disposal facilities–Conditions
§ 9-40-39 Tax exemption of waterworks and waste disposal facilities
§ 9-40-40 Sale and lease-back powers additional–Restrictions
§ 9-40-41 Drainage utility fund–Fees
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Terms Used In South Dakota Codified Laws > Title 9 > Chapter 40 - Utility Facilities and Revenue Bonds

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • 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. See South Dakota Codified Laws 9-19-1
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Third persons: includes all who are not parties to the obligation or transaction concerning which the phrase is used. See South Dakota Codified Laws 2-14-2
  • utility: as used in this chapter means any system or part of system as referred to in §. See South Dakota Codified Laws 9-40-2