South Dakota Codified Laws
Chapter 41A - Municipal Power Agencies
Section 9-41A-41 - Agency funds pledged for security of bonds and notes.

9-41A-41. Agency funds pledged for security of bonds and notes.
Except as may be otherwise expressly provided by this chapter or by the municipal power agency, every issue of bonds or notes of the agency shall be payable out of any revenues or funds of the agency, subject only to any agreements with the holders of particular bonds or notes pledging any particular revenues or funds. A municipal power agency may issue types of bonds or notes as it may determine, including bonds or notes as to which the principal and interest are payable exclusively from the revenues from one or more projects, or from an interest therein or a right to capacity thereof, or from one or more revenue producing contracts made by the municipal power agency with any person or persons, or from its revenues generally. Any bonds or notes may be additionally secured by a pledge of any grant, subsidy, or contribution from any public agency or other person, or a pledge of any income or revenues, funds, or moneys of the municipal power agency from any source whatsoever.

Source: SL 1978, ch 66, ยง35.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 41A - Municipal Power Agencies

Section 9-41A-1 - Definition of terms.

Section 9-41A-2 - Formation of agency by agency agreement.

Section 9-41A-3 - Contents of agency agreement.

Section 9-41A-4 - Filing of agency agreement and resolutions--Certificate issued.

Section 9-41A-5 - Commencement of corporate existence--Certificate as evidence of incorporation.

Section 9-41A-6 - Powers of city representatives--Meetings--Quorum.

Section 9-41A-7 - Expenses of formation of agency--City representatives' expenses.

Section 9-41A-8 - Amendment of agency agreement--Ratification and filing.

Section 9-41A-9 - Initial meeting of directors.

Section 9-41A-10 - Adoption of bylaws--Contents.

Section 9-41A-11 - Registered office of agency--Change of location.

Section 9-41A-12 - Composition and powers of board of directors--Terms of office--Filling of vacancies.

Section 9-41A-13 - Meetings of directors--Quorum.

Section 9-41A-14 - Appointment of officers of agency--Removal--Powers and duties.

Section 9-41A-15 - Employee unions and collective bargaining.

Section 9-41A-16 - Indemnity of officers and employees for official acts--Liability insurance for protection.

Section 9-41A-17 - Powers exercised by directors--Good faith required.

Section 9-41A-18 - Action through agents or by contract.

Section 9-41A-19 - Acquisition, maintenance, and improvement of projects--Agency.

Section 9-41A-20 - Investigation, surveys, and estimates of additional sources of energy.

Section 9-41A-21 - Cooperation with others in development of energy sources.

Section 9-41A-22 - Applications to regulatory agencies--Compliance with requirements.

Section 9-41A-23 - Determination of location and character of projects.

Section 9-41A-24 - Contracts for project construction and sale of energy.

Section 9-41A-25 - Purchase, sale, and transmission of electric energy--Agreements.

Section 9-41A-26 - Powers over money.

Section 9-41A-27 - Acceptance of loans and grants--Compliance with conditions.

Section 9-41A-28 - Borrowing power--Bonds and notes.

Section 9-41A-29 - Investment of funds.

Section 9-41A-30 - Powers over personal property.

Section 9-41A-31 - Powers over real property.

Section 9-41A-32 - Power of eminent domain.

Section 9-41A-33 - Franchises and leases of facilities.

Section 9-41A-34 - Encumbrance of property to secure obligations.

Section 9-41A-35 - Insurance against losses to property.

Section 9-41A-36 - Payments in lieu of property tax--Valuation of property.

Section 9-41A-37 - Powers incidental to purposes of chapter.

Section 9-41A-38 - Bonds and notes authorized--Purposes.

Section 9-41A-39 - Terms of bonds and notes.

Section 9-41A-40 - Bonds and notes payable solely from agency revenues--State and first or second class municipalities not obligated.

Section 9-41A-41 - Agency funds pledged for security of bonds and notes.

Section 9-41A-42 - State approval not required for bonds and notes--Establishment and pledge of rents and charges.

Section 9-41A-43 - Negotiability of bonds and notes.

Section 9-41A-44 - Continuing validity of officers' signatures on bonds and notes--Temporary bonds.

Section 9-41A-45 - Sale of bonds and notes.

Section 9-41A-46 - Bonds and notes as legal investments for public, corporate and fiduciary funds.

Section 9-41A-47 - Trust indenture or security agreement as contract with holders of bonds or notes--Contents.

Section 9-41A-48 - Encumbrance of property to secure bonds and notes--Filings.

Section 9-41A-49 - Officers and members of agency not personally liable on bonds or notes.

Section 9-41A-50 - Repurchase of bonds and notes--Cancellation or resale.

Section 9-41A-51 - Condemnation under power of eminent domain--Continuing power.

Section 9-41A-52 - Property already used for electric power not subject to condemnation.

Section 9-41A-53 - Exemption from bidding and performance bond requirements applicable to public contracts.

Section 9-41A-54 - Establishment of rates, charges and reserves.

Section 9-41A-55 - Pledge of revenues to bonds, notes and contractual obligations.