11-7-1. Definition of terms. Terms used in this chapter mean: (1)”Area of operation,” in the case of a commission created in and for a municipality or county, the area within the territorial boundaries of that municipality or that county; (2)”Bonds,” any bonds, including refunding bonds, notes, interim certificates, debentures, or other obligations issued by a […]
11-7-10. Filing of resolution activating commission–Resolution conclusive as to powers of commission. When the resolution becomes finally effective, the clerk of the municipality or the county auditor as applicable shall file such resolution in this office. In any suit, action, or proceeding involving the validity or enforcement of or relating to any contract of a […]
11-7-100. Recital in bond conclusive as to purpose. In any suit, action, or proceeding involving the validity or enforceability of any bond of a commission or the security therefor, any such bond reciting in substance that it has been issued by the commission to aid in financing a project, as defined in §11-7-1, shall be […]
11-7-101. Remedies conferred on bondholders by terms of bond. A commission shall have power by its resolution, trust indenture, mortgage, lease, or other contract to confer upon any obligee holding or representing a specified amount in bonds, the right (in addition to all rights that may otherwise be conferred), upon the happening of an event […]
11-7-102. Investment in bonds authorized for public funds, financial institutions, trusts, and fiduciaries. The state and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, investment companies, insurance companies, insurance associations, and other persons carrying on a banking or insurance business, and all personal representatives, […]
11-7-103. Acceptance of federal loans and grants authorized–Compliance with conditions. In addition to the powers conferred upon a housing commission by other provisions of this chapter, such commission is empowered to borrow money or accept contributions, grants, or other financial assistance from the federal government for or in aid of any project within its area […]
11-7-104. Mandamus available to obligee of commission–Injunction. An obligee of a commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: (1)By mandamus, or other appropriate proceedings to compel said commission and the commissioners, officers, agents, or […]
11-7-105. Commissioners not personally liable on bonds–Public debt not created–Debt limitations not applicable. Neither the commissioners of a commission nor any person executing the bonds is liable personally on the bonds by reason of the issuance of the bonds. The bonds and other obligations of a commission (and such bonds and obligations shall so state […]
11-7-106. Commission accounts and annual report to auditor-general and governing body. Each commission shall keep an accurate account of all its activities and of all its receipts and expenditures and shall annually in the month of January make a report thereof to the auditor-general, and to the governing body of the municipality or the county […]
11-7-107. Investigations and examinations by auditor-general. The auditor-general may investigate the affairs of commissions and their dealings, transactions, and relationships. He shall have the power to examine into the properties and records of commissions and to prescribe methods of accounting and the rendering of periodical reports in relation to projects undertaken by commissions, which accounts […]
11-7-108. Enforcement of compliance with chapter and rules and regulations. Compliance with this chapter and the rules and regulations adopted by the auditor-general may be enforced by the attorney general by writ of mandamus or other appropriate proceedings. Source: SL 1950 (SS), ch 13, §8; SDC Supp 1960, §45.3608 (2).
11-7-109. Citation of chapter. This chapter may be cited as the “County and Municipal Housing and Redevelopment Law.” Source: SL 1950 (SS), ch 13, §1; SDC Supp 1960, §45.3601; SL 1968, ch 186, §1.
11-7-11. Composition of commission–Certain public officers and employees ineligible. A commission shall consist of five commissioners, who, unless otherwise provided by ordinance, shall be residents of the area of operation of the commission, appointed after the resolution provided for in §11-7-7 becomes finally effective. In municipalities of the first class, no public officer or employee […]
11-7-12. Appointment and terms of commissioners–Vacancies. The commissioners constituting a commission shall be appointed by the mayor or the chairman of the board of county commissioners, with the approval of the governing body. Those initially appointed shall be appointed for terms of one, two, three, four, and five years respectively. Thereafter all commissioners shall be […]
11-7-13. Tenure of commissioners–Certificate of appointment. Commissioners shall hold office until their successors have been appointed and qualified. A certificate of appointment of each commissioner shall be filed with the clerk. Whenever the membership of a commission is changed by reason of a new appointment, a certificate of that appointment shall be promptly so filed. […]
11-7-14. Removal of commissioner from office–Notice and hearing–Suspension pending final action–Record of proceedings. For inefficiency or neglect of duty, or misconduct in office, a commissioner may be removed by the governing body of the municipality or the county as applicable, but a commissioner shall be removed only after a hearing and after he shall have […]
11-7-15. Quorum of commission–Officers–Rules–Meetings open to public. The powers of each commission shall be vested in the commissioners thereof in office at any time; a majority of whom shall constitute a quorum for all purposes. Each commission shall select a chairman, a secretary, and a treasurer from among its commissioners and shall adopt such bylaws […]
11-7-16. Expenses of commissioners–Per diem. Each commissioner may be reimbursed for expenses, including traveling expenses, incurred in the performance of the commissioner’s duties. In addition, each commissioner may receive per diem as established by the governing body for each day of actual service for attending meetings or hearings. Source: SL 1950 (SS), 13, §6; SDC […]
11-7-17. Commission as body corporate–General powers–Taxing and special assessment power denied. A commission shall be a public body corporate and politic, exercising public and essential governmental functions, and shall have all the powers necessary or convenient to carry out the purpose of this chapter including the powers granted by §§11-7-18 to 11-7-23, inclusive, in addition […]
11-7-18. Commission power to sue and be sued–Seal–Perpetual succession–Rules and regulations. A commission shall have power to sue and be sued, to have a seal, which shall be judicially noticed, and to alter the same at pleasure; to have perpetual succession; and to make, and from time to time amend and repeal, rules and regulations […]
