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11-50-74
Section 11-50-74 Execution of contract for purchase of sewers or sewer system by council; contents
and terms thereof. Thereafter the council may enter into a contract with the owner or owners
of said sewers or sewer system, subject to final confirmation by the council under the provisions
of this division, for the purchase of the same at a purchase price and under such terms as
may be agreed upon between the parties thereto, the purchase price to be paid in whole or
in part as the council may see proper by assessment against the abutting and drained property.
Such contract may prescribe when and under what conditions the title to said sewers or sewer
systems shall be conveyed to the city or town; and that any bonds issued or to be issued as
prescribed in this division for the cost thereof may be secured by mortgage on or deed of
trust to said sewer or sewer system, in addition to the security of the assignment of the
lien on the abutting or drained property provided for in this...
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11-50-72
Section 11-50-72 Adoption of ordinance or resolution describing sewer system to be purchased,
ordering preparation of maps, profiles, etc., thereof, etc. When the council of any city or
town shall determine to purchase any sewers or sewer system under the provisions of this division,
the cost of which or any part thereof is proposed to be assessed against the property abutting
on or drained by said sewers or sewer system, it shall adopt an ordinance or resolution to
that effect, describing the sewers or sewer system proposed to be purchased, giving the name
or names of the owner or owners of said sewers or sewer system and establishing or describing
the territory or area abutting on or drained or that may be drained by such sewers or sewer
system and defining the same by naming the streets, avenues, alleys, or other lines by which
the same is bounded. In said ordinance the council shall direct that the city or town engineer
or such other person as may be designated in such ordinance or...
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11-50-97
Section 11-50-97 Making of loans and issuance of bonds to pay for sewers or sewer system. The
council may borrow money on the faith and credit of the city or town, executing the note of
the city or town therefor and pledging as security for such loan the proceeds of the proposed
assessments thereafter to be made as provided in this division, and such sum or sums so borrowed
the council may advance in payment or part payment of the cost of such sewer or sewers or
sewer system; and, upon the expiration of 30 days after the assessment for the cost of the
same shall have been made final, the council may then issue and sell bonds for such amount
as may be necessary, after deducting the amount paid by property owners, to pay the cost of
such sewers or sewer system, including such amounts as may have been borrowed for the purpose,
and all interest and other expenses incurred in and about the purchase of the same. The council
may provide in its contract with the owner or owners of the sewer,...
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11-50-98
Section 11-50-98 Form, terms, denominations, etc., of bonds; execution, sale, etc., thereof.
The bonds authorized to be issued by this division shall be negotiable and payable to the
bearer and may be payable in lawful money of the United States as the council may prescribe.
By the ordinance providing for the issue of such bonds, full provision shall be made for their
form and character. Said bonds shall have coupons attached to represent the interest thereon,
and the council may provide that such bonds may be changed from coupon to registered bonds
or vice versa. Such bonds shall be of such denomination or denominations as the council may
direct, not to exceed $1,000.00 each, and not to be less than $50.00 each. They shall bear
interest at a rate not to exceed six percent per annum, payable annually or semiannually,
at such place or places as may be designated therein. They shall be issued under the corporate
seal of the city or town and shall be signed by the mayor and the treasurer...
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11-99A-6
Section 11-99A-6 Powers of a district. Any district shall have the following powers, in addition
to those stated elsewhere in this chapter: (1) To have perpetual existence, subject to termination
as herein provided. (2) To have and use a corporate seal, but the use of a corporate seal
on any document shall not be required for the validity of a document or the due execution
and delivery thereof. (3) To sue and to be sued and to be a party to suits, actions, and proceedings,
but subject to the limitations on liability and the immunity granted in this chapter. (4)
To enter into contracts and agreements affecting the affairs of the district, including contracts
with the United States of America and any other public person. (5) To borrow money and to
incur indebtedness and to evidence the same by bonds, all without an election. (6) To acquire
and dispose of land, real property, personal property, and interests therein of any nature.
(7) To acquire, construct, install, and operate...
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11-99A-2
Section 11-99A-2 Definitions. In this chapter the following words shall have the following
meanings: (1) APPOINTING GOVERNMENT. The municipality or county that approves the creation
of a district and appoints members to the board. (2) BOARD. The board of directors of a district.
(3) CONTIGUOUS. Two tracts of land if touching for a continuous distance of not less than
200 feet. The term includes tracts of land divided by bodies of water, streets, railroad,
or utility rights-of-way, or by land owned by any public person. In determining whether land
is contiguous with a municipality, (i) land separated by bodies of water, streets, or railroad,
or utility rights-of-way is contiguous even though the bodies of water, streets, or rights-of-way
are within the city limits of another municipality and (ii) land separated by land owned by
a public person is not contiguous if the land owned by the public person is within the city
limits of another municipality. (4) COUNCIL. The governing body of a...
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11-50-80
Section 11-50-80 Preparation, etc., of list of property owners to be assessed for purchase;
entry of list in assessment book for local improvements. (a) When any purchase of sewers,
or sewer system made under the provisions of this division is contemplated, the mayor or other
chief executive officer shall cause to be prepared a roll or list showing the names of the
property owners and opposite each name a description of each lot or parcel of land proposed
to be assessed for such purchase belonging to such owner or owners and the amount proposed
to be assessed against each lot or parcel of land. (b) Such a list shall be entered in a well-bound
book prepared for that purpose and shall contain appropriate columns in which payments may
be credited and the lien of the assessment satisfied by the proper officer of the municipality.
Said book shall be known as the "assessment book for local improvements" and shall
be a public record, and no error or mistake in regard to the name of the owner...
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11-50-77
Section 11-50-77 Hearing upon objections as to proposed purchase; amendment, modification,
rescission, etc., of ordinance or resolution and contract by council. At the meeting to be
held as provided for as specified in Section 11-50-75 or at a place and time to which the
same may be adjourned, all persons whose property may be affected by said sewers or sewer
system or by the proposed purchase of the same may appear in person or by attorney or by petition
and object or protest against the purchase of the same, and the council shall consider each
objection and protest, if any, and may confirm, amend, modify, or rescind the original ordinance
or resolution and the contract of purchase made with the owner or owners of the sewers or
sewer system proposed to be purchased, but if objections to the proposed purchase are made
by a majority in area of the property owners against whose property the cost and expense of
the proposed purchase is to be assessed, the purchase shall not take place,...
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11-50-239
Section 11-50-239 Acquisition, operation, etc., of waterworks system located in another municipality;
execution of contract for conveyance of system in other municipality thereto upon payment
in full of indebtedness of corporation. (a) Each waterworks board now or hereafter organized
under this division, in addition to all other powers conferred on it by law, is hereby further
authorized and empowered to acquire, by purchase from the owner or owners thereof, all or
any part of a waterworks plant or system and any rights incidental thereto located within
the limits of any incorporated municipality in this state other than the municipality within
which such board was organized to operate and thereafter to manage, operate, extend, enlarge,
lease, mortgage, convey, and otherwise control the same as a part of its waterworks system
in the municipality within which such board was organized to operate in all respects as if
the properties so purchased were located in the municipality within...
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11-48-4
Section 11-48-4 General powers of municipalities as to public improvements. All cities or towns
in this state may design or cause to be designed, contract for and execute or cause to be
executed a contract for the construction of the following named improvements or reimprovements
to the streets or any portions thereof and the following named sewers or sewer systems and
the following named water and gas mains and service connections. All cities or towns in this
state having a population of 60,000 inhabitants or more according to the most recent federal
census may design or cause to be designed, contract for and execute or cause to be executed
a contract for the construction of the following named drainage improvements or drainage systems
or reclamation systems and the filling in of swamps or inundated or overflowed or submerged
lands within the limits of such municipality. All cities or towns in this state may design
or cause to be designed, contract for and execute or cause to be...
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