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GENERAL
The municipality shall construct, establish, operate, and maintain a system of waterworks and facilities and may regulate the distribution and use of the supplied thereby. It shall have the authority to assess, levy, and collect taxes and special assessments for such purposes; and may appropriate funds and levy taxes to accumulate funds for such purposes, as provided by SDCL Title 9. The accumulated funds shall be placed in a separate fund which may not revert at the end of the fiscal year. The municipality shall establish a maximum amount allowed to be accumulated in the fund. The fund shall be established by a resolution adopted pursuant to SDCL Chapter 9-19. Every municipality may enter into agreements with the United States, with the state, and with any authorized agency, subdivision, or unit of government, federal or state, to carry out such purposes.
(SDCL § 9-47-1)
(A) Wherever, in the municipality, the emergency specified in SDCL § 9-21-15 is the complete failure of the water supply of such municipality, the governing body thereof is authorized to contract for the drilling of a new well or for such repairs, replacements, and new equipment as may be necessary, privately, without advertising for bids as required by the laws of this state relating to contracts of municipalities, and to pay therefor as provided in SDCL §§ 9-21-15 and 9-21-16 as to emergencies; provided, however, that no such contract shall be executed until the governing body has adopted a resolution of necessity therefor, by unanimous vote, which resolution shall become effective immediately upon its passage and publication.
(B) Any contract entered into as provided by this section shall be as binding, and have the same force and effect, as though the same were let in all particulars as provided by the laws of this state relating to contracts of municipalities.
(SDCL § 9-47-3)
Statutory reference:
Replacement or repair required by unanticipated event, see SDCL § 9-21-15
When the expense in connection with the waterworks system is to be raised by general taxation, no contract for construction, purchase, lease, or maintenance which shall stipulate for an annual payment greater than an annual levy of five mills on each dollar of the assessed valuation of the municipality shall be authorized until such contract shall first have been submitted to a vote of the voters of such municipality at a general or special election and ratified by a majority of those voting at such election.
(SDCL § 9-47-4)
When the expense in connection with the waterworks system is raised by special assessments, such assessments shall be levied and collected in the manner provided in SDCL Chapter 9-43.
(SDCL § 9-47-5)
Cross-reference:
Sewer assessments, see§ 51.65
To provide for the laying of water connections from the municipality water mains to the lot line, the municipality shall assess the cost against the abutting property owner.
(SDCL § 9-47-6)
Statutory reference:
Manner for assessments, see SDCL Chapter 9-43
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