South Dakota Codified Laws
Chapter 55 - Business Improvement Districts
Section 9-55-12 - Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.

9-55-12. Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.
The governing body, following a hearing held pursuant to subdivision 9-55-7(2), may establish or reject any proposed district or districts. If the governing body decides to establish a district, it shall adopt an ordinance to that effect. The ordinance shall contain the following information:
(1)The number of the resolution of intent and the date it was adopted;
(2)The time and place of the hearing that was held on the formation of such district;
(3)A statement that a business improvement district has been established pursuant to the provisions of this chapter;
(4)The purposes of the district and the public improvements and facilities to be included in such district;
(5)The description of the boundaries of such district;
(6)A statement that the businesses and professions in the district shall be subject to the general business occupation tax or that the real property in the area will be subject to the special assessment authorized by §9-55-2;
(7)The proposed method of assessment to be imposed on the property within the district or the initial rate of the occupation tax to be imposed on the business users of the space in the district; and
(8)Any penalties to be imposed for failure to pay the occupation tax.

Source: SL 1986, ch 81, §12.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 9 - Municipal Government

Chapter 55 - Business Improvement Districts

Section 9-55-1 - Definition of terms.

Section 9-55-2 - Imposition of special assessment or general business license and occupation tax.

Section 9-55-3 - Uses to which generated funds may be put.

Section 9-55-4 - Creation of business improvement district--Established business area.

Section 9-55-5 - Appointment of business improvement board--Designation of boundaries of district--Duties of board--Proposal of more than one district as part of same development plan.

Section 9-55-6 - Composition of board--Vacancies--Terms--Officers.

Section 9-55-7 - Creation of districts by resolution of intent--Contents--Basis of occupation tax or special assessment.

Section 9-55-8 - Notice of hearing.

Section 9-55-9 - Petition for hearing.

Section 9-55-10 - Duties of governing body at hearing--Termination of hearing--Issuance of bonds for convention center from proceeds of general occupational tax.

Section 9-55-11 - Procedure for change of boundaries.

Section 9-55-12 - Establishment or rejection of districts--Adoption of ordinance establishing district--Contents.

Section 9-55-13 - Special assessment against real property located in district--Procedure.

Section 9-55-14 - Levy of general business occupation tax in addition to or in place of special assessments.

Section 9-55-15 - Procedure for implementation of tax.

Section 9-55-16 - Reassessment or changes in rate of levy of special assessment or occupation tax--Procedure.

Section 9-55-17 - Limitations on amount of assessments or taxes.

Section 9-55-18 - Purpose of taxation or assessment by municipality--Limitations on taxation and assessment--Method of taxation or assessment.

Section 9-55-18.1 - Issuance and sale of bonds--Permissible uses of proceeds--Business improvement district to remain in effect.

Section 9-55-19 - Procedure for abolishment of district.

Section 9-55-20 - Disposition of proceeds of tax or assessment upon abolishment.

Section 9-55-21 - Use of donated funds or grants.

Section 9-55-22 - Dissolution of district imposing occupational tax on rooms rented.