Loading...
A rural electric cooperative serving less than a majority of customers in a municipality which does not have a municipally owned system, may, at the option of the municipality, pay in addition to other taxes provided by law, an amount to be agreed upon, not to exceed 2% of the total gross revenue collected by the rural electric cooperative for that year, by the electric supplier and the governing body of the municipality. If the parties have not agreed on the amount on or before May first following the calendar year from which the amount is to be paid, the amount to be paid shall be 2% of the total gross revenue collected by the rural electric cooperative from the sale of power distributed to structures and electric service outlets situated within the municipality. The tax imposed by a municipality pursuant to this section may be passed on to the purchaser. Any revenue received by the rural electric cooperative from the tax imposed by a municipality pursuant to this section that is separately stated on the invoice, bill of sale, or similar document is not considered gross receipts as defined in SDCL Chapters 10-45, 10-46, or 10-52.
(SDCL § 49-34A-45)
(A) It shall be unlawful for any person to make and deliver for draw and deliver or utter or give to the city, or to any officer, employee, agent, agency, board, bureau or commission thereof, in payment of any license, fee, fine, penalty, assessment, tax, debt, obligation or other exaction, payment, or amount of money which the municipality or such officer, employee, agent, agency, board, bureau or commission is lawfully authorized to receive or collect, any check or draft upon any bank or banking association with knowledge that the maker or drawer thereof does not have an account in or with such bank or banking association subject to such check or draft. The fact that payment of such check or draft, when presented in the usual course of business, shall be refused by such bank or banking association for lack of sufficient funds to the credit of the drawer or maker with which to pay the same, or because such drawer or maker has no account subject to such check or draft, shall be prima facie evidence that the same was made and delivered or drawn and delivered or uttered or given with the knowledge hereinabove mentioned.
(B) The bad check fee to be set by resolution may be assessed against returned checks as allowed by state law.
Penalty, see § 10.99
BONDS AND NOTES
A municipality may borrow money from any source willing to lend the money by issuing a promissory note subject to the limitations set in SDCL §§ 9-25-13 to 9-25-16, inclusive. Notes issued pursuant to this section are payable solely from the sources provided in SDCL § 9-25-13 and do not constitute an indebtedness of the municipality within the meaning of any constitutional or statutory provisions or limitations, any provisions in the notes set forth or set forth in the resolution authorizing the notes to the contrary notwithstanding. The notes shall recite the authority under which the notes are issued and shall state that the notes are issued in conformity with the provisions, restrictions, and limitations of SDCL §§ 9-25-13 to 9-25-16, inclusive, and that the notes and the interest thereon are payable from the sources therein provided. The notes shall be authorized, issued, and sold in accordance with SDCL Chapter 6-8B. No election is required and the notes may not be issued for a term in excess of five years. However, notes issued for loans authorized by the United States Department of Agriculture may be issued for a term of not more than ten years.
(SDCL § 9-25-12)