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PURCHASE OF PIPES AND MAINS
§ 52.25 FINANCED BY SPECIAL ASSESSMENTS; PROTEST BY PROPERTY OWNERS.
   The purchase authorized may be financed by assessing such cost to the property fronting or abutting upon the water pipe or main so purchased in the same manner as provided for construction of service sewers, except that in the event the owners of a majority of the real property fronting or abutting thereon prior to such resolution becoming effective file a written protest against a purchase by special assessment, the governing body shall not have power to purchase the same in that manner.
(Prior Code, § 50.27)
Statutory reference:
   Related provisions, see SDCL § 9-47-13
§ 52.26 NOTICE, HEARING, AND ACTION.
   (A)   When the adoption of a resolution to purchase a private water pipe or main in the manner provided in§ 52.25 shall be proposed to the governing body of the municipality, notice of the proposed passage of same shall be given by publication once each week for two successive weeks.
   (B)   Such notice shall contain the text of the proposed resolution, and shall state the time and place when and where any interested party may make objection to such purchase.
   (C)   Such hearing shall be held not less than ten nor more than 20 days after the final publication of such notice.
   (D)   After such hearing, the governing body may adopt or reject such resolution and, in the event of approval, may proceed to effect such purchase accordingly.
(Prior Code, § 50.29)
Statutory reference:
   Related provisions, see SDCL § 9-47-14
§ 52.27 COMPETITIVE BIDS.
   When a purchase of pipes and mains is made pursuant to §§ 52.25 and 52.26, competitive bids are not required.
(Prior Code, § 50.30)
Statutory reference:
   Related provisions, see SDCL § 9-47-15
§ 52.28 ACQUISITION OF WATER MAINS IN NEWLY ANNEXED AREA.
   The municipality shall have the power, within the discretion of the governing board of the municipality, to purchase, lease with purchase option, lease, or otherwise acquire from the owners thereof, or condemn under provision of subdivision SDCL § 9-12-1(2), any water main or mains laid in, on, or under any street or alley or otherwise located in any municipality, district, or subdivision outside the corporate limits of the municipality and which subdivision or district shall have been, by annexation proceedings or otherwise, annexed to the municipality.
(Prior Code, § 50.32)
Statutory reference:
   Related provisions, see SDCL § 9-47-17
WATER SERVICE
§ 52.45 MUNICIPAL ARTESIAN WELLS AUTHORIZED.
   The municipality, if it chooses, may establish and maintain a municipal artesian well.
(Prior Code, § 50.45)
Statutory reference:
   Related provisions, see SDCL § 9-47-20
§ 52.46 OPERATION OF IRRIGATION SYSTEM; ASSESSMENTS AND REGULATION OF USE.
   The municipality shall operate and maintain a system of irrigation within the municipality and to assess the cost thereof against abutting or benefitted property in the manner provided by the provisions of this chapter relating to special assessments, if a connection with an irrigation water supply system is available; but if not available, the providing of a means of a water supply for irrigation shall be first authorized at a regular or special election and to regulate the distribution and use of water supplied for irrigation.
(Prior Code, § 50.46)
Statutory reference:
   Related provisions, see SDCL § 9-47-21
§ 52.47 PROVIDING OF SERVICE FOR RURAL WATER SYSTEM; PURCHASE OF FACILITIES.
   (A)   Request for rural water system within three miles of municipality. If a rural water system is requested after July 1, 1989 to provide water service to any person who resides within three miles of a municipality owning and operating a water supply system, the rural water system shall promptly notify such municipality of such request in writing. Within 60 days from the receipt of such notice, the municipality may elect to provide water service to such person. If the municipality does not so elect, the rural water system may provide such service.
(Prior Code, § 50.47)
   (B)   Municipality to provide service after previously declining.
      (1)   If a rural water system provides service to a person whom a municipality has declined to serve, pursuant to division (A) above, and the municipality thereafter elects to provide water service to such person, the municipality shall first purchase the facilities of the rural water system which were required and used to provide service to such person.
      (2)   The purchase price shall be the present day reproduction cost, new, of the facilities being acquired, less depreciation computed on a 30-year straight-line basis, plus an amount equal to the cost on a nonbetterment basis of constructing any necessary facilities to reintegrate the system of the rural water system after detaching the portion to be sold; plus as compensation for service rights, an annual amount, payable each year for a period of five years, equal to the sum of 5% of the gross revenues received from the sale of water service to such person during the five-year period.
      (3)   Gross revenues received shall be determined by applying the rate in effect by the purchased rural water system at the time of purchase.
(Prior Code, § 50.48)
   (C)   Providing services; purchase of facilities. If a municipality elects to provide water service to any person who is being served by a rural water system and who resides within the boundaries of a municipality or within three miles of the municipality as the boundaries exist on July 1, 1989, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be as set forth in division (B) above.
(Prior Code, § 50.49)
   (D)   Service to persons within extended areas. If the three-mile area referred to in division (C) above is extended as a result of annexation, consolidation, or incorporation after July 1, 1989, and the municipality elects to provide service to any person receiving service from a rural water system residing within the newly extended three-mile area, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to division (B) above. The provisions of division (A) above are applicable to all persons seeking water service in the newly extended area from and after the effective date of such extension.
(Prior Code, § 50.50)
   (E)   Election to provide service to those outside three-mile area. If a municipality elects to provide water service to any person being served by a rural water system and located more than three miles from the municipal boundaries, the municipality shall purchase the facilities of the rural water system which were required and used to provide service to such person. The purchase price shall be determined pursuant to division (B) above.
(Prior Code, § 50.51)
Statutory reference:
   Related provisions, see SDCL §§ 9-47-22, 9-47-23, 9-47-24, 9-47-25, and 9-47-26
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