reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-94 - Appointment, duties and compensation of director of recreation--Employment of other officers and employees.

9-38-94. Appointment, duties and compensation of director of recreation--Employment of other officers and employees.
With the approval of the governing body the recreation board may appoint a director of recreation, who shall be the chief executive officer under the recreation board. He shall hold office at the pleasure of the recreation board and receive such salary as the recreation board may determine and shall on its behalf have charge, supervision, and direction of all work and of all officers and employees under the recreation board. The recreation board may also appoint and employ other officers and employees as it may deem necessary and shall prescribe and fix their duties and compensation.
Source:
SL 1949, ch 202, §10; SDC Supp 1960, §45.3210.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-95 - Bonds required of recreation board officers and employees.

9-38-95. Bonds required of recreation board officers and employees.
The recreation board may require all of its officers and employees, except laborers, to give bond for the faithful performance of their duties in such sum as shall be fixed by it, which bonds shall be filed with the city auditor.
Source:
SL 1949, ch 202, §11; SDC Supp 1960, §45.3211.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-96 - Recreation board recommendations by resolution--Ordinance based on recommendation.

9-38-96. Recreation board recommendations by resolution--Ordinance based on recommendation.
Any recommendation by the recreation board to the governing body shall be by resolution. When any ordinance of the governing body shall be passed upon the recommendation of the recreation board, it shall not be necessary for such ordinance to recite at length the resolution of the recreation board recommending the same, but it shall be sufficient to recite the fact of such recommendation by such recreation board, which recital shall be conclusive of the making and regularity of such resolution in all proceedings thereafter.
Source:
SL 1949, ch 202, §12; SDC Supp 1960, §45.3212.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-97 - Recreation board reports to governing body--Records subject to inspection.

9-38-97. Recreation board reports to governing body--Records subject to inspection.
The recreation board shall make an annual report to the governing body of its acts and all its expenditures, showing the condition of all affairs under its control. The governing body may require a report from such recreation board at any time, and the records, books, papers, and accounts of the recreation board shall at all times be subject to inspection by the mayor, auditor, or any committee appointed by the governing body for that purpose or any citizen.
Source:
SL 1949, ch 202, §13; SDC Supp 1960, §45.3213.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-98 - Acceptance of gifts to first or second class municipality for recreational purposes.

9-38-98. Acceptance of gifts to first or second class municipality for recreational purposes.
Real or personal property or the income thereof may be granted, bequeathed, devised, or conveyed to the first or second class municipality for the recreational purposes authorized by chapter 42-2 and upon such conditions as may be prescribed by the grantors, donors, or devisors thereof and agreed to by the governing body of the municipality and the recreation board.
Source:
SL 1949, ch 202, §17; SDC Supp 1960, §45.3217; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-99 - Land acquisition for playgrounds and recreational purposes--Sources of money used in payment.

9-38-99. Land acquisition for playgrounds and recreational purposes--Sources of money used in payment.
Upon recommendation of the recreation board the governing body may provide by ordinance for the purchase, condemnation, or otherwise obtaining of land within or without the city limits for public recreation, playgrounds, and children's parks, and establish the same. Payment for any land so selected and acquired may be made out of any money received for the use of the recreation board or by the issue and sale of bonds of the first or second class municipality after authorization as provided by law.
Source:
SL 1949, ch 202, §16; SDC Supp 1960, §45.3216; SL 1978, ch 62, §18; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-100 - Contracts for construction and improvement of playgrounds and recreational facilities--Supervision by recreation board.

9-38-100. Contracts for construction and improvement of playgrounds and recreational facilities--Supervision by recreation board.
Contracts for doing any construction or improvements incidental to the operation of a system of public recreation, playgrounds and children's parks shall be let by the recreation board to the lowest and best bidder in the same manner and subject to the same provisions as similar work not under control of the recreation board is let by the governing body of the first or second class municipality. All such work shall be done under the supervision and control of the recreation board.
Source:
SL 1949, ch 202, §18; SDC Supp 1960, §45.3218; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-101 - Expenses paid out of appropriated funds--Expenditure as other municipal funds.

9-38-101. Expenses paid out of appropriated funds--Expenditure as other municipal funds.
Except as otherwise specifically provided all sums used for the purpose of acquiring, equipping, and maintaining land, buildings, or recreational facilities as authorized by chapter 42-2 and §9-38-78 and all sums required for the general expenses of the recreation board shall be paid out of money appropriated for that purpose. Such money shall be appropriated and expended in the same manner as other money is appropriated and expended by the governing body of the first or second class municipality.
Source:
SL 1949, ch 202, §21; SDC Supp 1960, §45.3221; SL 1978, ch 62, §19; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-106 - Special assessments for street and sewer improvements benefitting playground areas paid from recreational funds.

9-38-106. Special assessments for street and sewer improvements benefitting playground areas paid from recreational funds.
Whenever any street not under the control of the recreation board upon which any property for public recreation, playgrounds, or children's parks under the control of such recreation board fronts or abuts shall be improved or repaired, or when any drain or sewer shall be built in the sewer district in which any property for public recreation, playgrounds, or children's parks under the control of such recreation board is situated, and special assessments have been issued against such property for public recreation, playgrounds, or children's parks or against the first or second class municipality on account of the benefit deemed to have accrued to such property for public recreation, playgrounds, or children's parks or to the municipality on account of such property for public recreation, playgrounds, or children's parks by virtue of such improvement, the recreation board shall pay such special assessments or any judgments obtained against the municipality on account thereof, out of the funds under the control of such recreation board not otherwise appropriated.
Source:
SL 1949, ch 202, §19; SDC Supp 1960, §45.3219; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-107 - Appropriations for art galleries and museums--Board to control expenditures.

9-38-107. Appropriations for art galleries and museums--Board to control expenditures.
A municipality may appropriate money for the purchase, construction, maintenance, and operation within the municipality of a public art gallery or public museum, or both, or for the support of an established art gallery or museum, or both, conducted for the use and benefit of the public and not for profit. The expenditure of such money shall be under the supervision of a three-member board appointed by the governing body of the municipality. Not more than one member of the board shall be a member of the governing body.
Source:
SDC 1939, §45.0201 (110) as added by SL 1965, ch 209; SL 1978, ch 62, §20.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-108 - Appropriations for free musical concerts.

9-38-108. Appropriations for free musical concerts.
Every municipality may appropriate funds for the furnishing of free musical concerts to the public.
Source:
SL 1915, ch 295; RC 1919, §6169 (79); SL 1923, ch 234; SDC 1939, §45.0201 (7); SL 1978, ch 62, §21.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-112 - Special park gift fund authorized.

9-38-112. Special park gift fund authorized.
Any park board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for park purposes. Each donation shall be administered in accordance with its terms. The park board may establish a special park gift fund. The moneys in the fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. The special park gift fund shall be a separate and continuing fund, and no moneys in the fund may revert to the general fund of any local governmental unit.
Source:
SL 1996, ch 61, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 38 - Municipal Parks And Recreational Facilities › Section 9-38-113 - Special recreation gift fund authorized.

9-38-113. Special recreation gift fund authorized.
Any recreation board may accept any gift, grant, devise or bequest made or offered by any person, private agency, agency of state government, the federal government, or any of its agencies, for recreation purposes. Each donation shall be administered in accordance with its terms. The recreation board may establish a special recreation gift fund. The moneys in the fund shall be derived from all or any part of any gift, bequest or devise, including the interest thereon. The special recreation gift fund shall be a separate and continuing fund, and no moneys in the fund may revert to the general fund of any local governmental unit.
Source:
SL 1996, ch 61, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-1 - Municipal power to construct and operate electric, light, heat, and power utilities.

9-39-1. Municipal power to construct and operate electric, light, heat, and power utilities.
Every municipality shall have power to construct, operate, and maintain any system or part thereof to provide light, heat, and power; to purchase electric current from without the limits of the municipality; to sell electric current to be transmitted to any point without the municipality; and to maintain transmission lines for such purposes without the municipality.
Source:
SL 1915, ch 112, §1; SL 1915, ch 118; RC 1919, §6169 (17); SL 1925, ch 241; SDC 1939, §45.0201 (77); SL 1951, ch 237; SL 1965, ch 210; SL 1965, ch 254, §11; SL 1970, ch 261, §11.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-2 - Agreement with state or other governmental units for cooperative exercise of statutory powers and duties.

9-39-2. Agreement with state or other governmental units for cooperative exercise of statutory powers and duties.
Any municipal corporation which had a municipal electrical plant, or electrical distribution system or electrical generating plant, or a combination thereof, in existence, or authorized, on July 1, 1961, may, by action of the governing body thereof, enter into an agreement with any such other governmental unit or units or with the state or any department or agency thereof, for the joint or cooperative exercise of any power or duty required or authorized by statute, and as a part of such agreement may provide a plan for prorating any expenditures involved.
Source:
SL 1961, ch 254, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-3 - Contracts between municipalities for joint projects.

9-39-3. Contracts between municipalities for joint projects.
Any municipal corporation which had a municipal electrical plant, or electrical distribution system, or electrical generating plant or a combination thereof, in existence, or authorized, on July 1, 1961, in the exercise of its powers may contract jointly with any such other municipal corporation, for any joint project, wherever each portion of the project is within the scope of authority of the respective municipal corporations.
Source:
SL 1961, ch 254, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-3.1 - Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction.

9-39-3.1. Joint electric generation and transmission facilities--Bond issue for financing--Sale of services to other entities--Liberal construction.
Pursuant to the provisions of S.D. Const., Art. IX, §3, any municipality owning an electric utility system may, pursuant to an agreement or agreements with any other governmental entities, either within or without the state, which own electric utility systems, acquire, construct, and finance by issuance of its revenue bonds in the manner prescribed in chapter 9-40, electric generation and transmission facilities, or any interest therein, and sell the output, capacity and services of such facilities to such other governmental entities in such respective amounts as shall be determined by such municipality to be necessary or appropriate in order to make the most efficient and effective use of its powers and responsibilities to supply the electric needs of its electric customers, and to this end this section shall be liberally construed.
Source:
SL 1976, ch 84, §1.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-4 - Agreements with other public bodies and utilities--Purposes.

9-39-4. Agreements with other public bodies and utilities--Purposes.
Every municipality shall have power to enter into contracts or agreements with the United States of America, or any agency thereof, the State of South Dakota, or any agency thereof, the political subdivisions of South Dakota or any other state, and the cooperative and privately owned power companies for such purposes as are herein set forth. Such purposes shall be for the purchase of electrical energy service and for the resale of electrical energy; to discontinue the generation of energy by its existing producing plants and to maintain such plants in a serviceable condition for standby service and to sell such electrical energy; to acquire electrical generation equipment and to maintain and construct the necessary facilities for the generation or transmission of electrical energy from a point within or without the State of South Dakota.
Source:
SDC 1939, §45.0201 (77) as added by SL 1951, ch 237; SL 1965, ch 210; SL 1965, ch 254, §11; SL 1970, ch 261, §11; SL 1972, ch 50; SL 1975, ch 90, §1; SL 1977, ch 78.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-4.1 - Contracts with municipal power agencies--Action contesting validity--Voters' approval not required.

9-39-4.1. Contracts with municipal power agencies--Action contesting validity--Voters' approval not required.
A municipal corporation, which operates its own electric distribution system, whether or not a member of a municipal power agency, may by resolution of its city council and utility board, if any, enter into a contract or contracts with one or more municipal power agencies for the purchase, sale, exchange, or transmission of electric energy extending for such term of years and with such provisions for the charges made thereunder as determined in the authorizing resolution or resolutions. Every resolution adopted in accordance with this section shall be published in the official newspaper of the first or second class municipality. No action may be brought and no defense may be interposed in an action brought more than twenty days after publication of the resolution, placing at issue the validity of any provision of the resolution or the power of the municipality to make any contract or incur any obligation authorized thereby. The provisions of §§9-39-36 to 9-39-39, inclusive, shall not apply to the resolutions or contracts.
Source:
SL 1978, ch 66, §48; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-6 - Municipal power to place utilities under utility board--Utilities subject to provisions.

9-39-6. Municipal power to place utilities under utility board--Utilities subject to provisions.
Any municipality may, by vote of its voters, as hereinafter provided, determine whether or not the management and control of one or more utility which the municipality owns or may acquire, such as waterworks, heating plant, gas works, electric light or power plant, or other revenue producing municipal utility or business, shall be placed in the hands of a municipal utility board for the management and control of such utility.
Source:
SL 1955, ch 221, §1; SDC Supp 1960, §45.3901.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-7 - Petition for placement of utility under utility board--Number of signers required.

9-39-7. Petition for placement of utility under utility board--Number of signers required.
The municipal governing body, upon a petition signed by fifteen percent of the registered voters in the municipality, based upon the total number of registered voters at the last preceding general election, filed with the municipal finance officer, shall submit to the voters of the municipality the question described in §9-39-6 at a special election to be governed by the provisions of §9-13-14. The petition shall set forth the question which the petitioners desire submitted.
Source:
SL 1955, ch 221, §1; SDC Supp 1960, §45.3901; SL 1987, ch 67, §17.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-8 - Form of question on placement of utility under utility board.

9-39-8. Form of question on placement of utility under utility board.
The question to be submitted and voted upon at such special election shall be: "Shall the municipality of ____ (naming the municipality) place the management and control of its ____ (naming the utility) in the hands of a municipal utility board composed of ____ (either three or five) members?"
Source:
SL 1955, ch 221, §2; SDC Supp 1960, §45.3902.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-9 - Appointment of members of utility board.

9-39-9. Appointment of members of utility board.
When at such election on the question specified in §9-39-8, the majority vote is in the affirmative, the mayor, or in the case of municipalities not having a mayor, the chairman of the town board, shall appoint a board of the number designated in the question to be known as the "municipal utility board," which appointment shall be approved and confirmed by the governing body.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-10 - Terms of office of three-member utility board.

9-39-10. Terms of office of three-member utility board.
In the case of a three-member municipal utility board, one member shall be appointed to hold office until the first regular meeting of the governing body in the second month of May after his appointment and until his successor is appointed and qualified, one to hold office until the first regular meeting of the governing body in the fourth month of May after his appointment and until his successor is appointed and qualified, and one to hold office until the first regular meeting of the governing body in the sixth month of May after his appointment and until his successor is appointed and qualified. At the first regular meeting of the governing body in May of the year in which a member's term expires, of a three-member board, a member shall be appointed and confirmed for a term of six years.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-11 - Terms of office of five-member utility board.

9-39-11. Terms of office of five-member utility board.
Five-member municipal utility boards shall be appointed in such manner that one member shall be appointed to hold office until the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified, and one to hold office for one year, one to hold office for two years, one to hold office for three years, and one to hold office for four years after the first regular meeting of the governing body in May after his appointment and until his successor is appointed and qualified and at the first regular meeting of the governing body in May of each year one member shall be appointed for a term of five years to succeed the retiring member.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-12 - Vacancies on utility board--Qualifications of members.

9-39-12. Vacancies on utility board--Qualifications of members.
All vacancies occurring on the municipal utility board during the term of the office shall be filled for the unexpired term in the manner original appointments are made. Each board member shall be a resident and freeholder of the municipality.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-13 - Bond required of utility board members--Payment of premium.

9-39-13. Bond required of utility board members--Payment of premium.
Each municipal utility board member shall execute and furnish to the municipality an official bond in the sum of twenty-five hundred dollars to be approved by the mayor or chairman of the town board and filed with the city auditor or town clerk with the premium on said bond to be paid by the municipality from the fund of the utility or utilities being controlled or managed or to be controlled and managed by such municipal utility board.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-14 - Removal of utility board members from office.

9-39-14. Removal of utility board members from office.
The members of the municipal utility board shall be removable during their respective terms of office only under the provisions of chapter 3-17.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-15 - Salary of utility board members.

9-39-15. Salary of utility board members.
No member of the municipal utility board shall receive a salary except as same may be fixed by the governing body of the municipality.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-16 - Rules for utility board proceedings--Monthly meetings.

9-39-16. Rules for utility board proceedings--Monthly meetings.
The municipal utility board shall adopt rules for its own proceedings which shall provide among other things for at least one regular meeting by such board each month.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-17 - President and secretary of utility board--Salary of secretary.

9-39-17. President and secretary of utility board--Salary of secretary.
The municipal utility board shall annually at its meeting in May choose a president from among its own members. It shall also appoint a secretary for an indefinite term. The secretary need not be a member of the municipal utility board and may be the city auditor or town clerk. The secretary shall receive a salary to be fixed by the municipal utility board to be paid from funds under its control.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-18 - Time of assumption of control by utility board.

9-39-18. Time of assumption of control by utility board.
The municipal utility board shall assume the management and control of the utility designated in the question upon which the vote was had at the time of the first regular meeting of the governing body of the municipality following such special election.
Source:
SL 1955, ch 221, §3; SDC Supp 1960, §45.3903 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-19 - Extension, improvement, and operation of utility--Contracts.

9-39-19. Extension, improvement, and operation of utility--Contracts.
The municipal utility board shall have power to extend, modify, or rebuild any public utility under its management and control, and to do anything such board deems necessary for the proper and efficient operation of such utility. Said board may enter necessary contracts for these purposes.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-20 - Law applicable to utility board contracts.

9-39-20. Law applicable to utility board contracts.
The provisions of chapter 5-18A relating to advertisement for bids and §§6-1-1 to 6-1-4, inclusive, relative to participation in contracts by members of the governing body, apply to contracts of and members of municipal utility boards.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (1); SL 2011, ch 2, §115.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-21 - Employment of personnel by utility board--Inclusion in civil service system.

9-39-21. Employment of personnel by utility board--Inclusion in civil service system.
The municipal utility board shall have the power to employ all necessary help for the management and operation of the utility or utilities under its control and management, prescribe duties of officers and employees and fix their compensation. The governing body of the municipality shall retain the power to determine whether utility employees shall be included in the municipality's civil service system.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-21.1 - Appointment of municipal industrial development director.

9-39-21.1. Appointment of municipal industrial development director.
The municipal utility board shall have power to appoint a municipal industrial development director, to fix his compensation to be paid from funds under the control of such board, and under its control and management, and prescribe the duties of such officer.
Source:
SDC Supp 1960, §45.3904 as added by SL 1969, ch 186.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-22 - Purchase of supplies by utility board--Wholesale purchase of utility service.

9-39-22. Purchase of supplies by utility board--Wholesale purchase of utility service.
The municipal utility board shall have power to buy all fuel and supplies and where the utility is engaged in distribution it may purchase wholesale electric energy, steam heat, gas, or water as the case may be for municipal distribution.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (3).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-23 - Rates, fees, charges, and assessments fixed by utility board--Rules and regulations.

9-39-23. Rates, fees, charges, and assessments fixed by utility board--Rules and regulations.
The municipal utility board has all of the powers granted to a governing body in this title to fix reasonable rates, fees, and charges, and to make special assessments for improvements as provided in chapter 9-43. The board may adopt, by resolution, reasonable rules and regulations for utility services supplied by the municipally owned public utilities under its control and management within the limits permitted by the statutes of this state.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (4); SL 1980, ch 70, §1; SL 2012, ch 57, §77.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-24 - Agreements between utility board and governing body--Services furnished to municipality--Surplus funds.

9-39-24. Agreements between utility board and governing body--Services furnished to municipality--Surplus funds.
The municipal utility board shall have power to enter into all necessary working agreements with the officials and governing body of the municipality and such agreements may contemplate arrangements for furnishing utility services to the municipality by such board, compensation for use by either the municipal utility board or the municipality of buildings, equipment, and personnel under the control of the other and transfers of surplus funds in the control of the municipal utility board to the general fund of the municipality.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (5).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-25 - Utility board powers limited by municipal powers.

9-39-25. Utility board powers limited by municipal powers.
Nothing in §§9-39-19 to 9-39-24, inclusive, is to be construed as vesting any power or powers in any such municipal utilities board or in any municipality beyond the powers now vested in municipal corporations relative to the management and control of utilities.
Source:
SL 1955, ch 221, §4; SDC Supp 1960, §45.3904 (6).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-26 - Separate fund for utility receipts and disbursements--Separate accounts for each utility.

9-39-26. Separate fund for utility receipts and disbursements--Separate accounts for each utility.
A separate fund shall be established in the municipal treasury. Into this fund shall be paid all receipts from the utility operations under the control of the municipal utility board and from it shall be paid all disbursements attributable to the utility operations under the control of the utility board. The utility board shall maintain separate accounts for each utility in such a manner that the accounting records will show proper classification of the revenues and expenditures and the true operating results for each utility.
Source:
SL 1955, ch 221, §5; SDC Supp 1960, §45.3905 (1); SL 1961, ch 253.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-27 - Audit and allowance of claims against public utilities fund.

9-39-27. Audit and allowance of claims against public utilities fund.
The municipal utility board shall in the same manner and to the same extent as the governing board under chapter 9-23 audit claims to be paid from the public utilities fund under the control of said board, which claims arise by reason of the operation of utilities under the management and control of said board. As to such claims the municipal utility board shall assume the duties of the governing body under said chapter 9-23.
Source:
SL 1955, ch 221, §5; SDC Supp 1960, §45.3905 (2); SL 1961, ch 253.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-28 - Warrants on municipal treasurer for disbursements from utilities fund.

9-39-28. Warrants on municipal treasurer for disbursements from utilities fund.
The city auditor or town clerk shall draw his warrant upon the municipal treasurer and countersign all warrants for the proper amount allowed pursuant to orders or resolutions of the municipal utility board. The president of the utility board shall countersign all warrants in lieu of the mayor and the warrants will then be presented to the municipal treasurer for countersignature and the warrant shall be paid by such municipal treasurer as provided by §9-23-7.
Source:
SL 1955, ch 221, §5; SDC Supp 1960, §45.3905 (2); SL 1961, ch 253.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-29 - Fiscal reports by utility board to governing body.

9-39-29. Fiscal reports by utility board to governing body.
The municipal utility board shall, immediately after the close of each fiscal year and as often additionally as may be required by the municipal governing body upon thirty days' written notice to the secretary of the board, file with the city auditor or town clerk, a detailed written report of all money and moneys received and disbursed by said board for said fiscal year, in the case of an annual report, and since such last report was given in the case of any other report required by the governing body.
Source:
SL 1955, ch 221, §6; SDC Supp 1960, §45.3906.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-30 - Municipal power to abolish utility board or terminate authority over utility.

9-39-30. Municipal power to abolish utility board or terminate authority over utility.
Any municipality may, by vote of its voters, as hereinafter provided, determine whether its municipal utility board shall be abolished, or whether its authority over any particular utility shall be terminated.
Source:
SL 1955, ch 221, §7; SDC Supp 1960, §45.3907 (1).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-31 - Petition to abolish utility board or terminate authority.

9-39-31. Petition to abolish utility board or terminate authority.
As to any question referred to in §9-39-30, fifteen percent of the registered voters residing in a municipality, based upon the total number of registered voters at the last preceding general election, may petition for a special election to determine such question.
Source:
SL 1955, ch 221, §7; SDC Supp 1960, §45.3907 (2); SL 1987, ch 67, §19.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-32 - Form of question on election to abolish utility board or terminate authority.

9-39-32. Form of question on election to abolish utility board or terminate authority.
The form of submitting questions to be voted upon at such special election shall be:
On the question of whether the municipal utility board shall be abolished--"Shall the municipal utility board be abolished?"
On the question of whether the authority of the municipal utility board over any particular utility shall be terminated--"Shall the authority of the municipal utility board over ____ (naming the utility) be terminated?"
Source:
SL 1955, ch 221, §7; SDC Supp 1960, §45.3907 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-33 - Time of change in utility management after approval by voters.

9-39-33. Time of change in utility management after approval by voters.
If a majority of the votes cast on such question is in the affirmative, the change in utility management and control indicated thereby shall take place at the first regular meeting of the governing body following such special election.
Source:
SL 1955, ch 221, §7; SDC Supp 1960, §45.3907 (2).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-34 - Control by governing body after utility board abolished or authority terminated.

9-39-34. Control by governing body after utility board abolished or authority terminated.
When at such election on the questions specified in §9-39-32 the majority vote is in the affirmative, from the time of the next regular meeting of the governing body thereafter, the utility or utilities affected shall be subject to the authority and control of the governing body of the municipality in the same manner as if they had never been under the authority of such municipal utility board.
Source:
SL 1955, ch 221, §8; SDC Supp 1960, §45.3908.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-35 - Waiting period after election on powers of utility board.

9-39-35. Waiting period after election on powers of utility board.
The question of whether to establish a municipal utility board, or of abolishing same, or of terminating its authority as to any municipal utility, having been submitted to a vote of the electorate, shall not be resubmitted within a period of three years thereafter.
Source:
SL 1955, ch 221, §9; SDC Supp 1960, §45.3909.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-36 - Municipal power to sell, lease, or grant operating contract for utility.

9-39-36. Municipal power to sell, lease, or grant operating contract for utility.
Every municipality shall have power to sell, convey, and dispose of the plant or equipment of any public utility owned by the municipality and to contract for the leasing or operation of such plant, equipment, or utility by others, and to grant to the lessee or operator under such a contract the right to purchase such plant, equipment, or utility upon such terms and conditions as may be expressed in the contract, after authorization as provided by this title.
Source:
SL 1917, ch 314; RC 1919, §6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, §45.0201 (76).
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-37 - Petition for sale, lease, or operating contract for utility--Number of signers required.

9-39-37. Petition for sale, lease, or operating contract for utility--Number of signers required.
Before any sale, conveyance, lease, or operating contract is made of any plant or equipment of any public utility owned by the municipality, there is filed with the municipal finance officer a petition signed by at least fifteen percent of the registered voters of the municipality, based upon the total number of registered voters at the last preceding general election, requesting that the proposition be submitted to the voters at a regular or special election, which petition shall be filed at least ten days preceding the date set for such regular or special election.
Source:
SL 1917, ch 314; RC 1919, §6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, §45.1305; SL 1976, ch 84, §2; SL 1987, ch 67, §18.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-38 - Election on sale, lease or operating contract for utility--Percentage of favorable votes required.

9-39-38. Election on sale, lease or operating contract for utility--Percentage of favorable votes required.
Upon the filing of such petition it shall be the duty of the auditor or clerk to submit such proposition upon a separate ballot to the voters of the municipality at a regular or special election as prayed for in such petition.
If sixty percent of the voters of such municipality voting thereon shall vote in favor of such proposition, a sale, conveyance, lease, or contract for the operation of such plant, equipment, or public utility shall be deemed authorized.
Source:
SL 1917, ch 314; RC 1919, §6169 (19); SL 1925, ch 242; SL 1929, ch 201; SL 1931, ch 195; SDC 1939, §45.1305.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 39 - Municipal Utilities In General › Section 9-39-39 - Election requirement inapplicable to jointly owned facilities contracts.

9-39-39. Election requirement inapplicable to jointly owned facilities contracts.
The provisions of §§9-39-37 and 9-39-38 shall not apply to contracts entered into by a municipality with others for the construction, operation, or maintenance of jointly owned electric generation or transmission facilities.
Source:
SDCL, §9-39-37 as added by SL 1976, ch 84, §2.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 40 - Utility Facilities And Revenue Bonds › Section 9-40-1 - Municipal power to acquire and operate utility systems--Types of services provided--Limits of service area.

9-40-1. Municipal power to acquire and operate utility systems--Types of services provided--Limits of service area.
Any municipality may purchase, construct, or otherwise acquire, establish, equip, maintain, operate, extend, or improve any system or part of system for the purpose of providing electric, gas, or other light, heat, and power for municipal, industrial, and domestic purposes; or any system or part of system of waterworks for the purpose of providing water and water supply for municipal, industrial, and domestic purposes; or any system or part of system for the collection, treatment, and disposal of sewage and other domestic, commercial, and industrial wastes; or any system for the control of floods and drainage; or any combination of such light, heat and power, waterworks, sewerage, or flood and drainage control systems, together with extensions, additions, and necessary appurtenances. The systems shall supply the municipality or any specified portion of the municipality or adjacent territory within ten miles of its corporate limits and the inhabitants thereof with electricity, gas, light, heat, power, water supply, sewerage, and flood and drainage control service. A drainage basin utility district established pursuant to chapter 46A-10B may operate within or without its boundaries.
Source:
SL 1931, ch 194, §1; SDC 1939, §45.2401; SL 1947, ch 211, §1; SL 1949, ch 191, §1; SL 1957, ch 251; SL 1989, ch 388, §16.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 40 - Utility Facilities And Revenue Bonds › Section 9-40-2 - Systems defined as utilities.

9-40-2. Systems defined as utilities.
The term "utility" as used in this chapter means any system or part of system as referred to in §9-40-1, and any extensions, additions, improvements, or appurtenances to any such system or combination of systems; or a drainage basin utility district established pursuant to chapter 46A-10B.
Source:
SL 1931, ch 194, §1; SDC 1939, §45.2401; SL 1947, ch 211, §1; SL 1949, ch 191, §1; SL 1957, ch 251; SL 1989, ch 388, §17.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 40 - Utility Facilities And Revenue Bonds › Section 9-40-3 - Combining of systems and services into single utility system.

9-40-3. Combining of systems and services into single utility system.
Any combined system furnishing light, heat, power, water supply, and sewerage service, or any of such services may be hereafter acquired, established, equipped, maintained, operated, extended, or improved as a single utility under the provisions of this chapter, and any two or more systems owned and operated by a municipality may be combined for such purposes, or additional services of the types mentioned in §9-40-1 may be added to those furnished by any utility system owned and operated by the municipality; provided, that the nature of such combined system shall be set forth and the necessity for such combination determined in and by the ordinance required by the provisions of §9-40-5.
Source:
SDC 1939, §45.2401 as added by SL 1949, ch 191, §1; SL 1957, ch 251.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 40 - Utility Facilities And Revenue Bonds › Section 9-40-4 - Utility facilities outside municipal limits.

9-40-4. Utility facilities outside municipal limits.
Every municipality may procure a supply of water, electricity, or gas and may dispose of sewage outside its corporate limits, and for such purposes may construct, operate, and maintain outside its corporate limits, as a part of any such system, dams, reservoirs, intakes, spillways, conduits, or other devices to gather and store surface, flood, or other waters, pipelines, poles, wires, and cables for the transmission of water, electric current, and gas, and sewer mains, outlets, and treatment and disposal plants.
Source:
SDC 1939, §45.2401 as added by SL 1957, ch 251.
2023 South Dakota Codified Laws › Title 9 - Municipal Government › Chapter 40 - Utility Facilities And Revenue Bonds › Section 9-40-4.1 - Water pollution prevention contracts.

9-40-4.1. Water pollution prevention contracts.
Every municipality shall have the further right, power, and authority to accept contributions or other aid from commercial, industrial, or other establishments for the purpose of aiding in the prevention or abatement of water pollution, and in furtherance of such purpose to enter into contracts and agreements, either long term or short term, with any such establishment covering the collection, treatment, or disposal by the municipality of sewage and other wastes from any establishment, the financing, construction, operation, and maintenance of facilities therefor, the charges or compensation to be paid by such establishment, the use and operation by any municipality of sewage collection, treatment, or disposal facilities owned by any such establishment, and the coordination of the sewage collection, treatment, or disposal facilities of the municipality with the sewage collection, treatment, or disposal facilities of any such establishment.
Source:
SL 1975, ch 92, §1; SL 1992, ch 60, §2.