South Dakota § 7-25A-1 - Definition of terms.

§ 7-25A-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Board" or "board of supervisors," the governing board of the district;

(2)    "Bond," any general obligation bond, assessment bond, refunding bond, revenue bond, and other obligation in the nature of a bond as is provided for in this chapter, as the case may be. This term includes "certificate" and the provisions which are applicable to bonds are equally applicable to certificates;

(3)    "Cost," if used with reference to any project, includes, but is not limited to:

(a)    The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction;

(b)    The cost of surveys, estimates, plans, and specifications;

(c)    The cost of improvements;

(d)    Engineering, fiscal and legal expenses and charges;

(e)    The cost of all labor, materials, machinery, and equipment;

(f)    The cost of all lands, properties, rights, easements, and franchises acquired;

(g)    Financing charges;

(h)    The creation of initial reserve and debt service funds;

(i)    Working capital;

(j)    Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for a reasonable period of time after completion of construction or acquisition as the board may determine;

(k)    The cost of issuance of bonds pursuant to this chapter, including advertisements and printing;

(l)    The cost of any election held pursuant to this chapter and all other expenses of issuance of bonds;

(m)    The discount, if any, on the sale or exchange of bonds;

(n)    Administrative expenses; and

(o)    Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the district;

(4)    "District," the improvement district;

(5)    "District roads," all highways, streets, roads, alleys, sidewalks, storm drains, bridges, and thoroughfares of all kinds and descriptions contained within the boundaries of the district;

(6)    "Improvement district," a local unit of special purpose government which is created pursuant to this chapter and limited to the performance of those functions authorized by this chapter, the boundaries of which contain no less than three hundred twenty acres, the governing head of which is a body created, organized, and authorized to function specifically as prescribed in this chapter;

(7)    "Landowner" or "owner," any individual, firm, or corporation, public or private, or public agency, who has legal title to real property as shown by the records of the register of deeds of the county in which the real property is situated;

(8)    "Local government," a county, municipality, or any political subdivision thereof;

(9)    "Project," any development, improvement, property, utility, facility, works, or service now existing or hereafter undertaken or established under the provisions of subdivisions 7-25A-7(21) and (22);

(10)    "Sewer system," any plant, system, facility, or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, without limitation, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource;

(11)    "Water management and control facilities," any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, pumping stations, or any other works, structures or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes appurtenant, necessary, or incidental thereto;

(12)    "Water system," any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water.

Source: SL 1989, ch 59, § 1; SL 2011, ch 39, § 1; SL 2011, ch 136, § 4.