South Dakota Codified Laws
Chapter 51 - Municipal Parking Facilities
Section 9-51-49 - Charges for use of parking facilities--Public parking facility fund--Application of fund.

9-51-49. Charges for use of parking facilities--Public parking facility fund--Application of fund.
The governing body by resolution may impose and collect reasonable charges for the use of public parking facilities constructed under the provisions of §§9-51-35 to 9-51-49, inclusive. The money so received shall be deposited in the municipal treasury to the credit of the public parking facility fund and applied, in order, to the following purposes exclusively:
(1)The payment of necessary expenses of maintaining, insuring and repairing such parking facilities;
(2)Annually on the first day of January of each year, the balance remaining to the credit of such parking facility shall be applied to the payment of the principal and interest of the cost of acquiring and improving the public parking facility and the retirement of any bonds issued therefor as soon as said bonds are callable;
(3)At such time that all indebtedness, including bonds issued for the improvement of the parking facility, have been paid in full and any and all other indebtedness owed for the acquiring and maintaining of the public parking facility have been paid in full, the balance of said fund shall be retained in the public parking facility fund where it may be used only for the purpose of acquiring or improving public parking facilities within the parking district. Providing, however, that any municipality having a parking meter fund for purchase and development of parking lots, may by written consent by the then owners of fifty-five percent of the total assessed valuation of the privately owned property within the benefit district, deposit said balance in such parking meter fund and use the same for purchase and development of other parking lots or facilities within the municipality. No part of such money shall be deposited or credited to the general fund.

Source: SL 1967, ch 231, §11.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 51 - Municipal Parking Facilities

Section 9-51-1 - Legislative findings and policy.

Section 9-51-1.1 - Appointive board to manage parking facilities--Contents of ordinance.

Section 9-51-2 - Portion of parking meter revenues accumulated in parking lot and area fund--Approval of voters required--Computation of revenues.

Section 9-51-3 - Parking meter revenues released on determination to issue bonds.

Section 9-51-4 - Use of moneys in parking lot and area fund--Retirement of bonds as proper purpose--Use for street construction and maintenance.

Section 9-51-5 - Utility revenue bonds and general obligation bonds authorized for acquisition, improvement, and operation of off-street parking lots.

Section 9-51-6 - Contract for purchase or lease of parking lot authorized--Maximum term.

Section 9-51-7 - Appraisement of property being purchased for parking lot--Maximum price.

Section 9-51-8 - Annual appropriations for parking lot operated under contract--Prior application of parking meter revenues.

Section 9-51-9 - Parking facility financing law--Definition of terms.

Section 9-51-10 - Acquisition, improvement and operation of parking facilities--Traffic control devices--Use of municipal funds.

Section 9-51-11 - Alternative means of financing parking facilities.

Section 9-51-12 - State and federal aid to municipal parking facilities--Agreement by municipality.

Section 9-51-13 - Issuance of parking facility revenue bonds authorized.

Section 9-51-14 - Ordinance authorizing revenue bonds--Pledge and definition of net revenues.

Section 9-51-15 - Contents of resolution or ordinance--Covenants and agreements with bondholders.

Section 9-51-16 - Issuance and sale of bonds--Reference to ordinance for matters not covered in bonds--Negotiability.

Section 9-51-18 - Bondholders have no right to compel tax levy or appropriation.

Section 9-51-19 - Additional bonds if original issue insufficient--Junior to prior issues unless other provision made.

Section 9-51-21 - Revenue bonds not municipal indebtedness.

Section 9-51-22 - General obligation bonds authorized for parking facilities.

Section 9-51-23 - Net revenues pledged to payment of special obligation bonds--Additional covenants authorized.

Section 9-51-24 - Agreement by municipality to levy property tax--Indebtedness within constitutional limitation--Levy of irrepealable tax--Maximum levy.

Section 9-51-25 - Agreement to levy tax to cover deficiency--Levy notwithstanding omission of covenant--Levy in anticipation of deficiency--Maximum levy.

Section 9-51-26 - Agreement to levy tax when bonds due--Certification to county auditor.

Section 9-51-27 - Spread of tax against taxable property within municipality--Certification to auditor of more than one county.

Section 9-51-28 - Tax proceeds placed in debt service fund--Transfers from revenue fund to debt service fund--Reduction of tax levy.

Section 9-51-30 - Covenants and stipulations for administration of parking facilities and security of bondholders--Bondholders' right to compel performance--Lien not granted.

Section 9-51-32 - Lease of municipally owned parking facilities--Regulation of rates--Improvements by lessee--Publication of terms of lease.

Section 9-51-33 - Operating management contracts for municipally owned parking facilities.

Section 9-51-34 - Financing law alternative and independent of other laws.

Section 9-51-35 - Parking district law--Definition of terms.

Section 9-51-36 - Acquisition, improvement and maintenance of parking facilities authorized--Additional to other powers.

Section 9-51-48 - Municipal and parking meter funds used to maintain parking facilities.

Section 9-51-49 - Charges for use of parking facilities--Public parking facility fund--Application of fund.

Section 9-51-51 - Discontinuance or diversion of use of parking facilities--Contracts and covenants to be honored--Referendum.