South Dakota Codified Laws
Chapter 40 - Utility Facilities And Revenue Bonds
Section 9-40-2 - Systems defined as utilities.

9-40-2. Systems defined as utilities.
The term "utility" as used in this chapter means any system or part of system as referred to in §9-40-1, and any extensions, additions, improvements, or appurtenances to any such system or combination of systems; or a drainage basin utility district established pursuant to chapter 46A-10B.

Source: SL 1931, ch 194, §1; SDC 1939, §45.2401; SL 1947, ch 211, §1; SL 1949, ch 191, §1; SL 1957, ch 251; SL 1989, ch 388, §17.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 40 - Utility Facilities And Revenue Bonds

Section 9-40-1 - Municipal power to acquire and operate utility systems--Types of services provided--Limits of service area.

Section 9-40-2 - Systems defined as utilities.

Section 9-40-3 - Combining of systems and services into single utility system.

Section 9-40-4 - Utility facilities outside municipal limits.

Section 9-40-4.1 - Water pollution prevention contracts.

Section 9-40-4.2 - Financial aid for sewerage and water facility systems--Federal contracts.

Section 9-40-4.3 - Contracts and creation of body for operation of sewerage and water facility systems.

Section 9-40-5 - Bond issue for erection or acquisition of utility--Credit of municipality not used--Authorization--Issuance--Sale.

Section 9-40-6 - Revenue bond issue for extension or improvement of utility.

Section 9-40-7 - Additional revenue bonds authorized when original issue insufficient--Priority of issues.

Section 9-40-8 - Provision for additional bond issues of equal standing.

Section 9-40-9 - Provision for extension or improvement of utility by additional bond issue--Junior to prior issues.

Section 9-40-10 - Resolution or ordinance to refer to chapter--Purchase price for utility to be specified.

Section 9-40-11 - Ordinance provisions for utility operation and security of bondholders.

Section 9-40-15 - Bonds payable from revenue--Circumstances not requiring election.

Section 9-40-15.1 - Collection of charges for sewerage, water services, and drainage basin utility districts--Amount and basis of charges--Surcharge on water bills.

Section 9-40-16 - Pledge of revenue to separate fund--Separate account for bond payments and reserve--Depreciation account and operational costs.

Section 9-40-17 - Revenue pledged to payment of extension and improvement bonds--Prior pledge for original bond issue.

Section 9-40-18 - Taxing power not used for payment of revenue bonds--Restriction on use of other municipal funds.

Section 9-40-19 - Chapter and resolution or ordinance incorporated in terms of bonds.

Section 9-40-21 - Separate or combined acquisition of utilities--Purchase price.

Section 9-40-22 - Payment of purchase price by issuance of bonds.

Section 9-40-23 - Bonds set apart for payment of underlying debt--Income set aside for debt retirement.

Section 9-40-24 - Exchange of bonds for underlying debt--Application of proceeds to debt.

Section 9-40-25 - Bondholders' statutory mortgage on utility--Disposition of utility prohibited until bonds retired.

Section 9-40-26 - Statutory lien continued until bonds paid.

Section 9-40-27 - Enforcement by bondholders of statutory mortgage and requirements of chapter.

Section 9-40-28 - Rates to cover bond retirement and operational costs.

Section 9-40-29 - Municipality to pay for services rendered by utility.

Section 9-40-31 - Expenditures from depreciation account--Investment of accumulations.

Section 9-40-32 - Surplus applied to other municipal or public purposes.

Section 9-40-33 - Receivership on default or mismanagement--Powers of receiver.

Section 9-40-34 - Judicial approval of rates charged during receivership--Criteria for establishment of rates.

Section 9-40-35 - Termination of receivership and restoration of municipal control.

Section 9-40-37 - Sale and lease-back arrangements for waterworks and waste disposal facilities.

Section 9-40-38 - Sale of waterworks and waste disposal facilities--Conditions.

Section 9-40-39 - Tax exemption of waterworks and waste disposal facilities.

Section 9-40-40 - Sale and lease-back powers additional--Restrictions.

Section 9-40-41 - Drainage utility fund--Fees.