South Dakota Codified Laws
Chapter 18 - Facilities For Care Of The Aged
Section 28-18-17.1 - Lease-purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest.

28-18-17.1. Lease-purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest.
The governing body of each municipality shall have the power to enter into lease-purchase agreements for a term not to exceed the maturity of the bonds issued under §28-18-7 by ordinance with any person, firm, or corporation for such facilities. Such lease-purchase agreements shall provide for contractual payments sufficient to amortize the cost of the facilities to be constructed and equipment, plus the fair market value on the date of the agreement, of the site. Such agreements shall also provide for a reasonable rate of interest on the outstanding principal and reimburse the municipality for the cost of any other obligation assumed by it under the contract. In the event the governing body enters into a lease-purchase agreement, the governing body notwithstanding any other provision of this chapter, may pledge the facility constructed and the net earnings therefrom to the payment of said bonds and interest thereon, and provide that the net earnings thereof be set apart as a debt service fund for that purpose.

Source: SL 1963, ch 286, §3 as added by SL 1968, ch 187.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 28 - Public Welfare and Assistance

Chapter 18 - Facilities For Care Of The Aged

Section 28-18-1 - Formation of nonprofit corporations for care of aged authorized.

Section 28-18-2 - Area of operation of nonprofit corporation--Control by board of directors.

Section 28-18-3 - Self-liquidating bonds issued by nonprofit corporation.

Section 28-18-4 - Cooperation and contributions of private and public agencies accepted by nonprofit corporation--Charges and conditions for admission.

Section 28-18-5 - Lease of property to nonprofit corporation by Department of Social Services.

Section 28-18-6 - County and municipal contributions to nonprofit corporations--Maximum--Appropriation from general fund.

Section 28-18-7 - Municipal revenue bonds authorized for establishment and operation of facilities for the aged.

Section 28-18-8 - Authorization, issuance, and sale of bonds.

Section 28-18-9 - Municipal revenue bonds payable solely from revenues--Credit and taxing power not pledged--Indebtedness not within constitutional limits.

Section 28-18-11 - Covenants and agreements in municipal revenue bonds for protection of bondholders--Remedies of bondholders.

Section 28-18-12 - Reference in bonds to authorizing resolutions--Negotiability.

Section 28-18-14 - Special fund created prior to delivery of bonds--Gross receipts pledged to fund.

Section 28-18-17 - Rentals and charges established by municipality--Expenses and bond retirement covered by revenues.

Section 28-18-17.1 - Lease-purchase agreements authorized--Pledge of facility and net earnings to payment of bonds and interest.

Section 28-18-18 - Operational expenses paid from special fund--Appropriations for payment of bonds.

Section 28-18-19 - Findings and determinations binding on municipality.

Section 28-18-20 - Severability of provisions.