South Dakota Codified Laws
Chapter 12 - County Highway Systems
Section 31-12-41 - Contracts for county maintenance of streets and alleys in municipalities.

31-12-41. Contracts for county maintenance of streets and alleys in municipalities.
Counties are authorized to contract with municipalities within their respective boundaries for the maintenance of public streets and alleys or any portion thereof within said municipalities. Whenever it shall be made to appear to the board of county commissioners of any county by a resolution of any municipality within the county, duly adopted, copy of which resolution shall be filed in the office of the county auditor of the county of which such municipality is located that it will be to the best interests of such municipality and in the public interest that the municipality enter into an agreement in writing with the board of county commissioners of such county for the maintenance of any public street or alley or any portion thereof, the board of county commissioners may, in its discretion, enter into an agreement in writing with the governing body of such municipality to maintain any such street or alley, to be specifically designated, at and for a price to be paid to the county to be expressed in the agreement for such maintenance. If it shall appear to the board of county commissioners that it will be to the public interest to enter into such an agreement, it shall be lawful for it so to do, and such county, by and through its highway department and with the personnel and equipment thereof, perform, or cause to be performed, for such municipality such maintenance specified in said agreement and such maintenance to be done under the supervision and control of the county highway superintendent. The prices specified in said contract shall be paid to the said county by the municipality upon estimates certified to by the county highway superintendent in the same manner as other obligations of the municipality are paid.

Source: SL 1945, ch 120, §1; SDC Supp 1960, §12.1809.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 31 - Highways and Bridges

Chapter 12 - County Highway Systems

Section 31-12-1 - Established highway systems perpetuated.

Section 31-12-2 - Change of county highway system--Order of Department of Transportation.

Section 31-12-5 - Supervision of construction, improvement, maintenance, and repair of system.

Section 31-12-6 - County system at expense of entire county--Tax levy.

Section 31-12-7 - Division of system into sections--Recording in county road book or database.

Section 31-12-8 - Survey and report by superintendent on condition of system and structures.

Section 31-12-9 - Survey, plans, specifications, and estimates for permanent improvements.

Section 31-12-11 - Commencement of construction work.

Section 31-12-12 - Small projects--Advertising, private contract, or county work permitted.

Section 31-12-13 - Large projects--Advertising for bids or built by day labor--Rejection of bids.

Section 31-12-14 - Deadline for bids--Advertisement--Rejection of bids.

Section 31-12-15 - Written contract--Performance bond.

Section 31-12-16 - Progress payments permitted.

Section 31-12-17 - Superintendent's approval of bills before payment.

Section 31-12-18 - Width of culverts.

Section 31-12-24 - Supervision of maintenance work by superintendent--Payments from road and bridge fund.

Section 31-12-25 - Establishment of witness corners required--Violation as petty offense.

Section 31-12-26 - Responsibility for secondary roads in unorganized territory.

Section 31-12-27 - Tax levy for secondary roads in unorganized territory.

Section 31-12-27.1 - Contracts with residents for county road construction and maintenance--Petition--Work performed by highway department or private contract--Payment.

Section 31-12-41 - Contracts for county maintenance of streets and alleys in municipalities.

Section 31-12-42 - Vehicle license collections to be used outside municipalities.

Section 31-12-43 - Indemnity required for construction or survey work within road right-of-way.

Section 31-12-44 - Repairs for wind and water erosion assessed to private landowner.

Section 31-12-45 - Approval of conservation district for repair of erosion damage--declaration--notice to landowner.

Section 31-12-46 - Minimum maintenance roads established.

Section 31-12-47 - Posting notification of minimum maintenance road.

Section 31-12-48 - Designation of no maintenance highway--Removal of manmade obstruction.

Section 31-12-49 - Posting of signs along no maintenance highway.

Section 31-12-50 - No maintenance highway open to public access--No duty to maintain or improve.