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(A) Notwithstanding any other provision in SDCL Chapter 9-48, this municipality which maintains, has installed, or plans to install sewer utilities for public use may establish, fair and equitable rates and charges for sewer utilities to be paid by the users of the sewer utilities and others connected thereto. The rates and charges may be established to recover past capital costs and pay for the capital costs of developing new capacity. For the purposes of this section, the term, capital costs, includes:
(1) Costs of construction or expansion of infrastructure that is necessary to serve a new development, including the design, surveying, engineering, environmental, and other professional fees that are directly related to the construction or expansion of the sewer utility;
(2) Land acquisition costs including the purchase of interest in land, any court award or settlement, appraisal, relocation service, negotiation service, title insurance, expert witness, attorney, and other professional fees that are directly related to the land acquisition;
(3) Debt service;
(4) Rate of return including a risk premium for any potential default; and
(5) Directly related expenses incurred in preparing or updating the comprehensive plan or zone improvement plan, including all administrative, consulting, attorney, and other professional fees.
(B) The rates and charges may be assessed separately or added to other rates established pursuant to this chapter.
(C) Two or more municipalities, sanitary districts, political subdivisions of this state, or any combination thereof, may enter into an agreement or contract with each other, or otherwise enter into an agreement as permitted by law, for the provision of sewer utilities.
(D) For the purposes of this section, the term,
SEWER UTILITY, means any main, trunk, service sewer, sanitary and storm sewer, and septic or treatment facility, drain, pumping station, lift station, interceptor, force main, manhole, flow equalization structure, and any other equipment, material, and facility related thereto.
(SDCL § 9-48-32.1)
ASSESSMENTS
(A) Whenever either a main sewer or trunk sewer or service sewer has been constructed for which the cost has not been apportioned against property which may be benefitted thereby as provided by this chapter, or SDCL Chapter 9-43, the municipality may require the owner of the property to pay its proportionate share of the cost of such construction, without interest, according to the benefits to accrue to such property before the property may be platted, replatted, or served by the facilities, as determined by the municipality.
(B) The municipality shall investigate and determine the amount to be paid. The amount shall be apportioned by the municipality among the persons, including the municipality, paying the appropriate cost.
(SDCL § 9-48-15)