CHAPTER 44

(HB 1125)

Municipal sewer utility charges, resolutions may be used to set rates.


         ENTITLED, An Act to  revise certain provisions concerning the adoption of municipal sewer utility charges.

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

     Section  1.  That § 9-48-26 be amended to read as follows:

     9-48-26.   Any municipality which has installed or shall plans to install sanitary and storm sewerage, a system of sewerage, sewerage pumping stations, or sewage treatment or purification works, any and all of which are hereinafter termed sewer utilities , for public use may by ordinance or resolution establish just and equitable rates of charges or rentals to be paid to such the municipality for the use of such the sewer utilities by every user whose premises are served by a connection to such the sewer utilities , directly or indirectly. A municipality may also submit to the voters of such the municipality at any general election or any special election called for such purpose the question of whether or not the municipality shall be authorized to establish charges or rentals for the use of sewer utilities. If a majority of the voters voting upon such the question shall vote in favor thereof of the question, then such the municipality may by ordinance or resolution establish just and equitable rates of charges or rentals to be paid to such the municipality for the use of such the sewer utilities by every user whose premises are served by a connection to such the sewer utilities , directly or indirectly. For the purposes of this section the term, sewer utilities, means any main, trunk, and service sewers; sanitary and storm sewers; and septic or sewage treatment plants, drains, and manholes.

     Signed March 5, 2007
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