7-25A-2. Petition for establishment of improvement district--Contents.
A petition for the establishment of an improvement district shall be filed with the auditor of each county in which the proposed district is located. The petition shall contain:
(1)The legal description of the property of the district;
(2)The written consent by the owner or owners of one hundred percent of the real property to be included in the district, consenting to the establishment of the district and the filing of the petition, or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of one hundred percent of the real property to be included in the district;
(3)A designation of five persons to be the initial members of the board of supervisors, who shall serve in that office until replaced by elected members;
(4)The proposed name of the district;
(5)An accurate survey and map of the territory intended to be embraced within the proposed district showing the boundaries and area thereof. The accuracy thereof shall be verified by affidavit of a licensed surveyor. The survey and map, when completed and verified, shall be left at a convenient public office, to be designated by the county auditor of the county in which the petition is filed, for a period of not less than twenty days for examination by those having an interest in the application;
(6)The proposed timetable for construction of the district services and the estimated cost of constructing the services;
(7)An economic impact statement of the district upon the county;
(8)An environmental impact survey; and
(9)A statement that the creation of the district is consistent with any applicable comprehensive or effective local government plan.
Source: SL 1989, ch 59, ยง2.
Structure South Dakota Codified Laws
Chapter 25A - Improvement Districts
Section 7-25A-1 - Definition of terms.
Section 7-25A-2 - Petition for establishment of improvement district--Contents.
Section 7-25A-3 - Hearing upon petition--Notice.
Section 7-25A-4 - Factors for consideration--Requirements.
Section 7-25A-6 - Filing of order required.
Section 7-25A-7 - Powers of district.
Section 7-25A-8 - Hearing prerequisite to purchase or sale of certain water or sewer utilities.
Section 7-25A-9 - Powers of board--Composition--Term of office.
Section 7-25A-10 - Election of board members.
Section 7-25A-11 - Conduct of elections--Costs borne by district.
Section 7-25A-12 - Conduct of campaigns.
Section 7-25A-13 - Appointments made by supervisor of elections--Other duties.
Section 7-25A-14 - Board members known as supervisors--Oath and term of office--Vacancies.
Section 7-25A-15 - Majority constitutes quorum.
Section 7-25A-16 - Election of chairman--Other officers.
Section 7-25A-17 - Compensation of board members.
Section 7-25A-18 - District manager--Compensation--Duties.
Section 7-25A-19 - Relationships not constituting conflict of interest.
Section 7-25A-20 - Authority of manager to hire--Compensation of employees determined by board.
Section 7-25A-21 - Designation of treasurer--Powers and duties--Disbursement of funds--Bond.
Section 7-25A-22 - Selection of depository.
Section 7-25A-23 - Provision of utilities--Powers of district.
Section 7-25A-24 - District's authority to obtain loans--Purpose--Interest.
Section 7-25A-25 - District's authority to issue negotiable notes--Payment.
Section 7-25A-26 - Board's authority to issue bonds--Purpose--Limitation.
Section 7-25A-27 - Defeasance of bondholders--Provisions determined by board--Surplus funds.
Section 7-25A-28 - Bonds constituting legal investments.
Section 7-25A-29 - Default not to constitute debt or obligation of local government or state.
Section 7-25A-30 - Assessment of ad valorem tax--Purpose--Maximum amount--Collection.
Section 7-25A-31 - Ad valorem taxes--Delinquency and penalties.
Section 7-25A-32 - Interest on bonds exempt.
Section 7-25A-34 - Provisions of other chapters pertaining to taxation applicable.
Section 7-25A-37 - Final adoption of schedule--Filing requirements--Scope of coverage.
Section 7-25A-38 - Requirements for charges--Uniformity--Production of minimum revenues.
Section 7-25A-39 - Recovery of charges or penalties upon default.
Section 7-25A-40 - Board's authority to make contracts.
Section 7-25A-41 - Petition for termination or contraction of districts--Contents.
Section 7-25A-42 - Commission's authority to order termination or contraction.
Section 7-25A-43 - Hearing upon petition to terminate--Notice.
Section 7-25A-44 - Factors for consideration by commission.
Section 7-25A-45 - Order for termination or contraction--Requirements.