CHAPTER 43

(HB 1126)

Municipal sewer services authority revised.


         ENTITLED, An Act to  revise certain provisions concerning municipal sewer service.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 9-48-2 be amended to read as follows:

     9-48-2.   Every Each municipality may establish and :

             (1)    Establish, construct , and maintain main, trunk, sanitary, storm, and service sewers, and septic or sewage treatment plants, drains, and manholes either within its corporate limits or within ten miles of its corporate limits; may appropriate

             (2)    Appropriate funds and levy taxes to accumulate funds for such the purposes identified in this section ; may establish

             (3)    Establish sewer districts as provided by this title; may acquire


             (4)    Acquire any sewer, drain, or system of sewerage and drainage already established and constructed; and may acquire

             (5)    Acquire land within or without the municipality for a septic or sewage treatment plant or outlet to any main sewer , and may assess the cost thereof with of the land and the cost of any necessary extension or connection of such the main sewer to all the property within the sewer district benefited as provided by this title.

    The proceeds of any taxes levied for the accumulation of funds under this section shall be placed in a separate fund which may not revert at the end of the fiscal year. The amount of the fund may never exceed an amount equivalent to ten dollars per thousand dollars of taxable valuation of all property within the municipality. The fund shall be established by a resolution adopted pursuant to chapter 9-19.

     Section  2.  That § 9-48-33 be amended to read as follows:

     9-48-33.   The governing body of any municipality shall have power to may establish one or more districts for the construction, improvement, and maintenance of main , storm, sanitary, service, and trunk sewers, sewage treatment or septic plants and outlets, lift stations, and other sewerage improvements necessary for the service of such districts, to . The governing body may establish or modify the boundary or boundaries thereof and to change the same when necessary, and to construct systems or parts of systems of sewerage therefor, and to of the district, construct a sewerage system or part of a sewerage system, and assess the cost thereof of the sewerage system to the property within the district as hereinafter provided in this chapter .

     Signed March 5, 2007
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