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PURCHASE OF PRIVATE SEWERS
Whenever there has been constructed by any person within any street or alley a private sewer or sewers which shall be wholly or partly within any district subsequently established as provided in this chapter, the municipality may purchase such sewer or sewers or any part thereof and assess such cost to the property fronting or abutting upon the sewer as provided in SDCL Chapter 9-43.
(SDCL § 9-48-16)
No purchase pursuant to § 51.35 shall be made until plans and specifications of the location, arrangement, form, and size, and material to be used in the construction of such sewer or sewers and an estimate of the cost of constructing the same at the time of making such estimate shall have been made and filed by the engineer or other competent person and a resolution providing for such purchase has become effective after notice and hearing thereon as provided in the case of a resolution to construct service sewers.
(SDCL § 9-48-17)
If the owners of a majority of the real property fronting or abutting on a sewer described in § 51.35 prior to such resolution becoming effective shall file a written protest against such purchase, the governing body shall not have power to purchase the same.
(SDCL § 9-48-18)
SEWER CHARGES
Any municipality which has installed or plans to install sewer utilities for public use may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities directly or indirectly. A municipality may also submit to the voters of such 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 for the use of sewer utilities. If a majority of the voters voting upon such question shall vote in favor thereof then such municipality may by ordinance or resolution establish charges to be paid to the municipality for the use of the sewer utilities by every user whose premises are served by a connection to the sewer utilities directly or indirectly. For the purpose 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.
(SDCL § 9-48-26)
Such charges shall be as nearly as may be in the judgment of the governing body equitable and in proportion to the services rendered and taking into consideration in the case of each such premises the quantity of sewage therein or thereby produced and its concentration, strength, or river pollution qualities in general, and, in the case of storm drainage, taking into consideration in the case of each premises the quantity of storm runoff and may use the square footage of impervious surfaces as a basis for charges or the total square footage weighted by the classification of existing land use or total square footage weighted by zoning designation or total square footage. Such charges may be collected at the same time, place, and in conjunction with the water rentals in any municipality owning and operating the municipal water supply system and distribution system.
(SDCL § 9-48-27)
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