Section 9-40-34 – Judicial approval of rates charged during receivership–Criteria for establishment of rates.
9-40-34. Judicial approval of rates charged during receivership–Criteria for establishment of rates. The court appointing the receiver authorized by §9-40-33 shall first approve such rates and in doing so the receiver and the court shall take into consideration the capital cost of such utility and the expenses reasonably required to operate and maintain the utility […]
Section 9-40-35 – Termination of receivership and restoration of municipal control.
9-40-35. Termination of receivership and restoration of municipal control. When and if the default described in §9-40-33 be made good through the operation of such utility by such receiver, then such utility and the operation and control thereof shall be restored to the proper municipal authorities by court order. Source: SL 1931, ch 194, §8; […]
Section 9-40-37 – Sale and lease-back arrangements for waterworks and waste disposal facilities.
9-40-37. Sale and lease-back arrangements for waterworks and waste disposal facilities. The governing body of a municipality may by ordinance exercise all the powers conferred on the South Dakota Building Authority and the Governor pursuant to §§5-12-15, 5-12-19 and 5-12-42 to 5-12-45, inclusive, with respect to the acquisition, lease, sale, and leaseback of land, improvements […]
Section 9-40-38 – Sale of waterworks and waste disposal facilities–Conditions.
9-40-38. Sale of waterworks and waste disposal facilities–Conditions. Subject only to the limitation hereinafter set forth, the governing body of a municipality may by ordinance authorize the sale of land, improvements and capital equipment comprising all or a portion of a system or part of system of waterworks, or sewage and waste disposal described in […]
Section 9-40-39 – Tax exemption of waterworks and waste disposal facilities.
9-40-39. Tax exemption of waterworks and waste disposal facilities. All land, improvements and capital equipment owned, leased, acquired, or operated by the municipality pursuant to a lease having a fixed term plus renewal options exceeding three years or a lease-purchase or installment purchase contract, or pursuant to an operating contract described in §9-40-38 constitute a […]
Section 9-40-40 – Sale and lease-back powers additional–Restrictions.
9-40-40. Sale and lease-back powers additional–Restrictions. The powers conferred by §§9-40-37 and 9-40-38 are in addition to all other powers conferred upon the governing body of any municipality, and their exercise shall be subject only to such restrictions as may be provided by the South Dakota Constitution and are not subject to any restriction or […]
Section 9-40-41 – Drainage utility fund–Fees.
9-40-41. Drainage utility fund–Fees. A governing body that establishes a flood or drainage control utility may adopt the same fee structure authorized for drainage basin utility districts in §§46A-10B-20, 46A-10B-21, and 46A-10B-22. Any fees collected pursuant to this section shall be placed in a special fund and may only be used to pay for new […]
Section 9-41-1 – Power of municipality to establish and operate telephone system–Connection and joint operation with rural telephone system.
9-41-1. Power of municipality to establish and operate telephone system–Connection and joint operation with rural telephone system. Every first or second class municipality by itself or in conjunction with others within or without such municipality, subject to the supervision of the Public Utilities Commission as otherwise provided by law, may establish, maintain, operate, and regulate […]
Section 9-40-31 – Expenditures from depreciation account–Investment of accumulations.
9-40-31. Expenditures from depreciation account–Investment of accumulations. The funds accumulating to the depreciation account shall be expended in balancing depreciation in such utility, or in making any constructions, extensions, or additions thereto. Any such accumulations may be invested as the governing body may designate, to the same extent and in the same manner as any […]
Section 9-40-21 – Separate or combined acquisition of utilities–Purchase price.
9-40-21. Separate or combined acquisition of utilities–Purchase price. One or more such utilities owned by one or more persons may be acquired hereunder separately as a single enterprise or otherwise, and the governing board may agree with the owner or owners as to the value thereof and purchase the same at such agreed price or […]