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(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 if it were let in all particulars as provided by the state law relating to municipality contracts.
(Prior Code, § 50.03)
Statutory reference:
Related provisions, see SDCL § 9-47-3
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.
(Prior Code, § 50.04)
Statutory reference:
Related provisions, see 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 SDCL Chapter 9-43.
(Prior Code, § 50.05)
Statutory reference:
Related provisions, see SDCL § 9-47-5
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